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

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when Pope Innocent the Third had against the declar'd will of King John caused Stephen Langton to be Elected Arch-Bishop of Canterbury and after that confirm'd him and wrote to the King to receive him the King returns that he the Pope had subverted the Liberties of his Crown and that therefore he would prohibit all People going to Rome and from making appeals thither which confirms my former instance and that this Power was always in the King however for a time it might have happen'd to be neglected for otherwise it had been a vain thing in him to have expell'd the Monks of Canterbury as Traytors which he actually did or to have imagin'd that a Bigotted Seditious Clergy as at that time they were and to be headed by that Arch-Bishop at least no friend to the King if not his Enemy should be frighten'd with an empty Bug bear touching a matter whereof he had no cognisance had he not been satisfi'd it was in his Power to do it as well as his Father before him had done it And having thus occasionally nam'd him let me with all submission offer this to the memory of that unfortunate Prince that his designs in order to the freeing the Crown from Forein usurpation were mighty and that he came short in what Henry the Eighth afterwards effected was not that he was less able but his times worse for considering the unsettled condition of those times and at what disadvantages he came in what wonder if he were oppress'd by a Faction when deserted by his Subjects who otherwise had never suffer'd him to have made that Crown to the defence of which they had all sworn tributary which many years afterward when the Arrears of that Tribute were demanded was too late tho effectually enough declar'd in Parliament he could not do nor they consent to the doing it But to proceed When after this the Sea of Rome would be yet intermedling it was by all the States of Parliament severally examin'd and answering each State one by one personally for it self unanimously Declar'd That the Pope's awarding any Processes or Sentences of Excommunication c. against any Bishops or other Spiritual Persons for executing Judgments given in the Kings Courts was clearly in derogation of the Kings Crown and Regality used and approved of the time of all his Progenitors and which they would maintain as they were bound by their Liegance and thereupon Enacted That the purchasing any Bulls from Rome or elsewhere shall be a Premunire In which it is observable That as the Judges before that time were for the most part Church-men the Laity being not yet come up to Letters or where they were Rari nantes in gurgite vasto The Lords Temporal and the Commons of this Parliament were all Romanists and of what Persuasion the Lords Spiritual and their Assistants the then Judges were I leave to every man the question at that time being not matter of Religion but right of Superiority not the Church but Court of Rome And so Sir E. Cooke speaking of the first Article of the Statute of 25 H. 8. concerning the Prohibition of Appeals to Rome saith it is but declaratory of the ancient Law of this Realm And in another place The same Authority that the Pope ever exercised in this Kingdom by Usurpation was always in the King de jure With which also agrees the Lord Chief Justice Hobart That whatsoever the Pope did in this Kingdom even then when he was in his greatest height and strength was of no better force in right and justice than at the first when he was but simple Bishop of Rome which was coram non Judice and so Jus non habenti tuto non paretur 5. The Power of conferring Honors on which account he may also enable a man to assign his Surname Arms and Barony to another For as by the Laws of England all Lands within the same were originally derived from the Crown and holden of the King either mediately or immediately as Lord Paramount so also by the same Laws were all degrees of Nobility and Honor derived from the King as the Fountain of Honor. So H. 6. granted to H. Beuchamp Ut esset primus praecipuus Comes Angliae and that he should use the Title of Henricus Praecomes totius Angl c. ibid. 361. First Earl of all England c. And to the name Count or Earl which was the most ancient name of Dignity among the Saxons Edw. 3. Ang. Greg. 11. created the Title of Duke as distinct from that of Earl for in elder times they were oft synonimous with us and created his eldest Son the Black Prince then Earl of Chester into the Title of Duke of Cornwal which he created into a Dutchy and about the 18th of his Reign the most noble Order of the Garter And in the 9th of R. 2. Robert de Vere Earl of Oxford was created Marquess of Dublin And H. 6. the 18th of his Reign created John Lord Beaumont Viscount Beaumont of which Titles we find no mention in the Magna Charta 9. H. 3. for they were not at that time in being And to this yet further the Kings of England have and may at this day create a County-Palatine which none but the Emperor or a Supreme Monarch may do for whoever is owner thereof hath in that County Jura Regalia as fully as the King in Palatio Par curis solo diademate dispar So Hugh Lupus Nephew of King William the Conqueror was by him created Earl of Chester and the County given him Tenendum sibi haeredibus ita libere ad gladium sicut ipse Rex tenebat Angliam ad Coronam by which general words he had Jura Regalia within the said County and consequently a County-Palatine without express words and by force thereof he created eight Cheshire Barons So not long after his time was the County-Palatine of Durham raised And in the 10th of H. 1. the Royal Franchise of Ely In the 13th of Edw. 3. the County-Palatine of Pembroke And in the 50th year of his Reign the County of Lancaster was by him erected into a County-Palatine and by him given to his fourth Son John of Gaunt then Duke of Lancaster for life to which if any one shall say that it was De assensu praelatorum procerum Sir Edw. Coke answers for me That the King may make a County-Palatine by his Letters Patents without Parliament Add to this the three first Counties-Palatine created in Ireland by Henry the Second viz. Leinster which he granted to Earl Strongbow who had married the Daughter and Heir of M. Morough Prince of Leinster 2. Meath to Sir Hugh Lacy the Elder 3. Ulster to Sir Hugh Lacy the younger and had their Barons under them answerable to the Barons created by H. Lupus of which before Of which you may read excellent Learning
to the known Laws of the Land for Omnis sub Rege ipse sub nullo nisi tantum sub Deo Every man is in subjection to the King and he to none but God and so the Oath of Supremacy declares him the onely Supreme Governor of this Realm of which more hereafter when I come to speak of the Statute-Law and therefore if the King refuse to do right seeing no Writ can issue against him there is a place for Petition and if that prevail not Satis ei erit ad poenam saith the same Bracton quod Dominum habeat ultorem And with this agreeth that of Horace Regum timendorum in proprios greges Reges in ipsos imperium est Jovis And in this respect a Prince is not loosed from the Law for as much as concerneth the directive Power of it but having not the Law becomes a Law to himself as well knowing Observantior aequi Fit Populus nec ferre negat cum viderit ipsum Auctorem parere sibi 2. As to the Power of Peace and War It is the right of the King saith Fitzherbert to defend his Kingdom as well against the Sea as against Enemies which implies that it is his right to defend it against Enemies and how can he do it without the right of his Sword when if he should be oblig'd to pray in Aid of others perhaps they may be of another mind or take up so much time in the Debate that the Kingdom may be lost ere they resolve what to do And this I take to be one of the effects of Con-si-de-ra-ti-on in those matters whose good or ill fortune solely depends on Expedition and Secresie for Dangers as the Lord Bacon saith are better met half way than by keeping too long a watch upon their approaches for if a man watch too long 't is odds he will fall asleep But to proceed Sir Edw. Cooke says no Subject can levy War within the Realm without Authority from the King unto whom it only belongeth and that it was High-Treason at the Common Law before the Statute De proditionibus And in Calvin's case he makes it clear That to make Leagues or denounce War only belongs to the King who without his Subjects may grant Letters of safe Conduct and Denization and that this high point of Prerogative Royal cannot be conferred upon any other it being a right of Majesty and among the badges of Supreme Power And now one would think this were enough and yet a late Statute of this Kingdom makes it yet clearer it being thereby declared That the sole Supreme Government Command and disposition of the Militia and all Forces by Sea and Land and of all Forces and places of Strength is and by the Law of England ever were the undoubted right of his Majesty and his Royal Predecessors Kings and Queens of England and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or levy War Offensive or Defensive against his Majesty his Heirs and lawful Successors c. all which is not introductive of a new Law but declaratory of the old as may be further seen by the penning thereof And now what can be added more but the Purse without which what 's the Sword but as the Greek Proverb has it A Bow without a Bow-man For in as much as Mony is the Sinews of War and Peace firmamentum belli ornamentum pacis they that hang the Sword on one side and the Purse on the other seem to me to hazard both for neither can any sudden danger of which the King was ever thought the Judg be stav'd off nor War carried on nor the Publick Peace be long preserv'd without it And therefore on such occasions have Parliaments advis'd and assisted the King in supplying his Wants without directing him it seeming hard that he should have Power to Proclaim War and not be able to maintain it and be bound to defend his Subjects but deny'd the means Qui dirimit medium destruit finem 3. As to the creation and appointing Magistrates and Officers especially such as are not under the command of others this also resides solely in the King for besides what I have said in the last Paragraph touching his sole Power in the ordering and disposing the Militia and all Forces by Sea and places of Strength by Land His is the appointing all the great Officers and Ministers of the Realm whether Spiritual or Temporal the highest immediately by himself the inferior mediately by Authority derived from him and as it were De lumine lumen So the King appoints the Lord Commissioner and all other the grand Ministers and Officers of Scotland and the Lord Lieutenant Lord Deputy Lords Justices and all other the grand Ministers and Officers of Ireland who also but in his Kings name appoint under him according to the extent of their respective Commissions so the Kings of England have and may at this day by Letters Patents make a Prorex Locum tenens or Guardian of the Realm before whom in their absence in remotis a Parliament may be held And such was Edward Duke of Cornwal 13 Edw. 3. Lionel Duke of Clarence 21 Edw. 3. John Duke of Bedford 5 Henry 5. And the Test of the Writ of Summons shall be in the Guardians name or by Commission under the great Seal to certain Lords of Parliament authorise them to hold a Parliament the King being then in the Realm but indisposed and such was that 3 Edw. 4. to William Lord Arch-Bishop of York and that other 28 Eliz. to John Lord Arch-Bishop of Canterbury and others ad inchoandum c. ad Procedendum c. ad faciendum omnia singula c. nec non ad Parliamentum adjournandum Prorogandum c. And so are Parliaments held in Scotland and Ireland before the Lords Commissioners Lord Lieutenant Lord Deputy c. of the respective Kingdoms 4. The Power of the last Appeal i. e. from whose Sentence no Appeal lies The only person besides the Kings of England that ever pretended to it here was the Pope tho yet the first attempt ever made that way was by Anselme Arch-Bishop of Canterbury in the Reign of King William Rufus but it took no effect And the Arch-Bishop concerning himself too much touching the Jurisdiction of the Pope in England the King told him Ad Officium Imperatoris spectat c. That it belong'd to the Emperor to make whom he pleas'd Pope and that for the same reason no Arch-Bishop or Bishop within his Realm should yield any subjection to the Court or Pope of Rome and chiefly in this respect cum ipse omnes libertates haberet in regno suo quas Imperator vindicabat in Imperio That he had the same Prerogative in his Kingdom that the Emperor claim'd in the Empire And
the further proof of this Sovereign Imperial Monarchy There are yet other Regalities and Prerogatives which the Common Laws of England have ever allowed and never doubted but to be inherent in their Kings And hence it is that the King cannot be said to be a Tenant because he hath no Superior but God Almighty And if the King and a common Person joyn in a Foundation the King shall be the Founder for the thing being entire the Kings Prerogative shall be preferr'd That he shall have the Escheat of all Lands whereof a person attaint of High Treason was seiz'd of whomsoever they were holden That there is no Occupant against the King nor shall any one gain his Land by priority of Entry for Nullum tempus occurrit Regi That half Blood is no impediment to the descent of the Lands of the Crown as was seen in the Case of Queen Mary who was but of half Blood to King Edward 6. and Queen Elizabeth to both for the quality of the Person alters the Descent That the accession of the Crown purges all Attainders as may be seen in the respective Cases of Henry 6. and Henry 7. whose Attainders were no other than a present disability which upon their assuming the Royal Dignity were ipso facto void That the word King imports his Politick Capacity which is never in minority and never dies but extends to all his Successors as well Kings as Queens That he is King before Coronation for besides that the Law suffers no interregnums he holds it by inherent Birth-Right the Coronation being but a Royal Ornament and outward Solemnization of the Descent and not unlike the publick Celebration of Matrimony between a Man and a Woman which adds nothing to the substance of the Contract but declares it to the world That the Ligeance of his Subjects is absolute and indefinite and due to the natural Person of the King by the Law of Nature which is immutable and part of the Law of the Land before any Municipal or Judicial Law and that an Act of Parliament cannot bar the King of the Service of his Subject which the indelible Law of Nature gave him it being a part of the Law of the Land by which subjection is due to him And therefore the Statute That no man notwithstanding any non obstante shall serve as Sheriff above one year bars not the King from dispensing with it And William Lord la Ware altho disabled by Act of Parliament was nevertheless called to Parliament was nevertheless called to Parliament by Queen Elizabeth by Writ of Summons for she could not be barr'd of the Service and Counsel of any of her Subjects Add to this That all Restrictions upon his Sovereign Liberty are void and therefore Publick Notaries made by the Emperor claiming to exercise their Offices in England were prohibited as being against the Dignity of a Supreme King And with this agrees the Statute-Law of Scotland made in the Parliament of the 5th of King James the Third cap. 3. In short when King John had subjected his Crowns of England and Ireland to Pope Innocent the Third and had become his Feodary under the annual Acknowledgment of one thousand Marks to the Pope and his Successors and when afterwards the Arrearages thereof were demanded the Parliament of that year answered That no King can put himself or his Realm in Subjection without their Assent And how far that Assent reach'd we have it in the 42 of Edward the Third where in full Parliament it was further declar'd That they could not Assent to any thing in Parliament that tended to the Disinherison of the King or his Crown whereunto they were Sworn which is no more than what the Statute that prescribes the Oath of the Kings Justices has in it viz. Ye shall not Counsel nor Assent to any thing that may turn him the King in Damage or Disinherison by any manner way or colour And to the same effect are the several Oaths of the Lord Chancellor and Lord Treasurer You shall not know nor suffer the Hurt or Disinheriting of the King or that the Rights of the Crown be decreased by any means as far as you may lett it In a word to omit many others All such things whereof no Subject can claim Property as Treasure-trove Wreck Estrays c. belong to the King by his Prerogative which extends to all Powers and Preheminences which the Law hath given the Crown and is a principal part of the Law of the Land and is called by Bracton Libertas Privilegium Regis both words signifying the same thing i. e. The Kings Prerogative And by Britton Droit le Roy The Kings Right And in the Register Jus Regium which is the same and Jus Regium Coronae The Royal Right of the Crown And since it has not been wound up so high as to endanger the strings what reason is there to wish it let down so low as to render it profanable by the People When the Philistines return'd the Ark of God which they had taken the men of Beth-Shemesh must be prying into it and he that has a mind to know the effect of their curiosity may read it in Samuel God slew one hundred and fifty thousand of them But enough of the Common-Law we 'l in the next place consider what the Statute-Law in further affirmance of the Common-Law saith to this matter And here it cannot be thought saith Sir Edw. Coke that a Statute made by the Authority of the whole Realm will recite a thing against the Truth I 'll begin with that of Richard 2. commonly call'd the Statute of Premunire in which it is declared That the Crown of England hath been ever so free that it is in no earthly subjection but immediately subject to God in all things touching the Regality of the same Crown and to none other In like manner the Statute of H. 8. against Appeals to Rome saith That by divers sundry old Authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supreme Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all sorts and degrees of people divided in terms by names of Spiritualty and Temporalty have bounden and owen to bear next to God a natural and humble Obedience And near the middle of the said Statute it is further called the Authority and Prerogative of the said Imperial Crown And in the 25 of the same it is called The Imperial Crown and Royal Authority recognising no Superior under God but only your Grace And in the following Chapter besides the frequent use of the word Imperial the Kings thereof are stiled Kings and Emperors of this Realm
And in another of the same Kings it is called The most Royal Estate of your Imperial Crown of this Realm and the same word Imperial made use of ten other times in the same Statute to the same purpose And with this agrees the Statute of Ireland where in express words also the Kings of England are entituled Kings and Emperors of the Realm of England and of the Land of Ireland and that too five years before the Title of Lord of Ireland was altered into King And by the Act that so alter'd it it is called The Majesty and State of a King Imperial And so in the first of Qu. Eliz. English in which the Oath of Supremacy was enacted the Crown of this Realm is three times called Imperial And in the third Chapter of the same year as often And in the 5th of the same Queen that requires all Ecclesiasticks Graduates in any University or Common-Laws Officers of Court Attorneys every Member of Parliament under the degree of a Baron to take the said Oath of Supremacy before he enter the House or such Election to be deemed void calls it The Dignity of the Imperial Crown And the Act of Recognition of King James uses the same expression of Imperial four times And upon a like ground of mere Supremacy was that Act of Scotland before the Union of the Crowns wherein 't is said Our Sovereign Lord his full Jurisdiction and free Empire within this Realm Scotland And the late Oath or Test prescribed to be taken by all persons in Publick Trust in that Kingdom declares the Kings Majesty the only Supreme Governor of that Realm over all persons as well Ecclesiastical as Civil And the Act of acknowledging and asserting the right of Succession in that Kingdom calls it the Imperial Crown of Scotland In all which matters I have been the more particular that I might the better evince my Reader that this Independent Sovereignty and Supremacy of the Kings of England c. has not been the opinion of any one time but the general consent of all and that our Kings hold their Crowns in chief from God and owe no precarious acknowledgments to the courtesie of the People Nor is the Kings Immediate Personal Originary Inherent Power which he executes or may execute Authoritate Regiâ Supremâ Ecclesiastica as King and Sovereign Governor of the Church of England to be less consider'd it being one of those flowers which make up his Crown and preserve it in verdure And here I question not but it will be granted that the King is the Supreme Patron of all the Arch-Bishopricks and Bishopricks of England as being all founded by the Kings of England to hold Christi Baroniam excepting that of Soder in the Isle of Man which was instituted by Pope Gregory the Fourth and may perhaps be the reason why the Bishop thereof hath neither Place nor Voice in the Parliament of England and so were at first donative Per traditionem annuli baculi Pastoralis by the delivery of a Ring and the Pastoral Staff or Crosier And the Bishop of Rome persuading Henry the First to make them Elective by their Chapters refused it But King John by his Charter recognising the Custom and Right of the Crown in former times by the common consent of his Barons granted that they should be eligible as least doubting he had so far lockt up himself as that he might not be receiv'd to disapprove or allow for before that I find That when he had given a Conge d' eslier to the Monks of Canterbury to Elect an Arch-Bishop and Pope Innocent the Third notwithstanding the Kings desires of promoting the Bishop of Norwich to it whom also they had Elected had under a Curse commanded them to choose Stephen Langton with which for fear of Excommunicacation they comply'd the King banishes the Monks as Traytors and writes to the Pope that he had subverted the Liberties of his Crown by which it appears that he lookt upon himself as the Supreme Governor of the Church of England and that no Arch-Bishop or Bishop could be put upon him without his consent and what advantage the Kingdom got by this Usurpation may be gather'd from the effects when after a more than six years Jurisdiction the King Depos'd and a free Crown put in Vassalage it only open'd a way to those future Broils between him and his Barons which lasted all his time and wanted no fuel to feed 'em till towards the latter end of his Son men began to stand at gaze and as infatuated or startled at they knew not what thought it more safety to look on than lend a hand to master it nor had they fully resolv'd what to do until the Pope having demanded Homage of Edw. 3. and the Arrears of one thousand Marks per ann for the Kingdoms of England and Ireland which had been also demanded in the 3 of Edw. 1. and in case of non-performance threatned to make out Process against the King and Kingdom then at last the scales fell from their eyes and as men got out of a dream they began to consider what they had startled at and as an argument of their recovered Senses the Lords Spiritual by themselves the Lords Temporal by themselves and the Commons by themselves unanimously resolv'd and declar'd That the King could not put Himself his Realm or his People in subjection without their Assent and albeit it might it is as saith Sir Edw. Coke Contra Legem consuetudinem Parliamenti contrary to the order and custom of Parliament because it is a disherison of the King and his Crown after which to avoid all further dispute the manner and order of Election of Arch-Bishops and Bishops and all things relating thereunto is setled by Statute viz. 1. Negatively That no one thereafter be Presented Nominated or Commended to the Sea of Rome for the Dignity or Office of any Arch-Bishop or Bishop within this Realm or any other the Kings Dominions 2 Affirmatively That at every avoidance of any Arch-Bishoprick or Bishoprick as before the King our Sovereign Lord his Heirs and Successors may grant to the Dean and Chapter of the Cathedral Churches where the Sea of such Arch-bishoprick or Bishoprick shall happen to be void a License under the Great Seal as of old time hath been accustomed to proceed to Election of an Arch-Bishop or Bishop of the Sea so being void with a Letter missive containing the name of the person which they shall Elect or Choose by virtue of which they elect the said person c. or in case of refusal incur the Penalties of a Premunire So that upon the whole the Election in effect is but a matter of form it is the Kings meer Grant which placeth and the Bishops Consecration which maketh a Bishop Neither do the Kings of this Land use herein any other than such
Prerogatives as Forein Nations have been accustomed unto Or otherwise what made Pope Boniface solicit the Emperor Honorius to take order that the Bishops of Rome might be created without ambitious seeking of the Place A needless Petition if so be the Emperor had no right in placing of Bishops there Of which there are several other instances in a piece of Mr. Hookers touching the Kings Power in the advancement of Bishops In short if before that Act of Hen. 8. a Bishop in England had been made a Cardinal the Bishoprick became void but the King should have nam'd the Succsseor because the Bishoprick is of his Patronage And as to the Arch-Bishops and Bishops in Ireland the respective Chapters of ancient time upon every avoidance sued to the King in England to go to the Election of another and upon certificate of such Election made and the Royal Assent obtain'd a Writ issued out of the Chancery here to the Lord Chief Justice of Ireland or the Lieutenant rehearsing the whole matter and commanding him to take fealty of the Bishop and restore him to his Temporalties But now the course is that such Writs are made in Ireland in the name of the King who nominates the Arch Bishops and Bishops there as he doth in England and then the Chapter choose him whom the King names to them and thereupon the Writs are made of course Nor were the Kings of England even in those times excluded but still acknowledg'd to have Power of Dispensation and other Ecclesiastical Acts. And therefore as he first gave Bishopricks and Abbeys and afterward granted the Election to Deans and Chapters and Covents so likewise might he grant Dispensation to a Bishop Elect to retain any of his Dignities or Benefices in Commendam and to take two Benefices and to a Bastard to be a Priest And where the Statute 25 H. 8. c. 21. says That all Dispensations c. shall be granted in manner and form following and not otherwise yet the King is not thereby restrain'd but his Power remains full and perfect as before and he may still grant them as King for all acts of Justice and Grace flow from him and on this account also he can pardon any Ecclesiastical Offence as Heresie for example is a cause merely Spiritual or Ecclesiastical and yet the King may pardon one convict of Heresie And as the King may dispense or pardon so also does that Supreme Power enable him to several other things relating to Church-matters which pertain not to another He may found a Church Hospital or Free Chappel Donative and whether he specially exempt the same from ordinary Jurisdiction or not his Chancellor and not the Ordinary shall visit it and he may by his Charter license a Subject to found such a Church or Chappel and to ordain that it shall be Donative and not Presentable and to be visited by the Founder and not by the Ordinary And thus began Donatives in England whereof Common Persons were Patrons So he shall visit Cathedral Churches by Commissioners Sede vacante Archiepiscopalii He may also revoke before Induction by presenting another for the Church is not full against the King till Induction And therefore if a Bishop Collates and before Induction dies by which means the Temporalties come into the Kings hands the King shall present to the avoidance for the same reason In short He is the Supreme Ordinary and on that account may take the resignation of a Spiritual Dignity Neither did the Abbots and Priors in Edward the Fourths time think him less when they stile him Supremus Dominus noster Edwardus 4. Rex which agrees with the Laws before the Conquest in which the King is called Vicarius summi Regis The Vicar of the highest King And albeit Ecclesiastical Councils consisting of Church-men did frame the Laws whereby the Church Affairs were ordered in Ancient times yet no Canon no not of any Council had the force of Law in the Church unless it were ratifi'd and confirmed by the Emperor being Christian In like manner our Convocations that assemble not of themselves but by the Kings Writ must have both Licence to make new Canons and the Royal Assent to allow them before they can be put in Execution and this by the Common Law for before the Statute 25 H. 8. c. 19. A Disme i. e. the Tenths of all Spiritual Livings in ancient times paid to the Pope granted by them did not bind the Clergy before the Royal Assent In a word the King may make orders for the Government of the Clergy without Parliament and deprive the Disobedient And the Act for suppressing Seditious Conventicles has a saving to his Majesties Supremacy in Ecclesiastical Affairs And so I hope I have clear'd this point That the Kingdom of England c. is a Sovereign Imperial Monarchy of which the King is the only Supreme Governor as well in all Spiritual or Ecclesiastical Things or Causes as Temporal It remains now that I shew That however the Emperors of the West and East have so much striven about that great Title of Emperor or Basileus that yet the Kings of England as Supreme within their Dominions have also justly used it and that from ancient Ages as no less proper to their own independent greatness And here amongst many others we have Edgar frequently in his Charters stiling himself Albionis Anglorum Basileus King of Britain and the English And in one of his to Oswald Bishop of Worcester in the year 964. and of his Reign the sixth Ego Edgarus Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumjacentis cunctarumque Nationum quae infra eam includuntur Imperator Dominus c. I Edgar King of the English and of all the Kings of the Isles and the Ocean lying round Britain i. e. England Scotland and Wales and of all the People therein Emperor and Supreme Lord for the word in this place bears no less as I have shewn it before in the Word Lord of Ireland Wherein it is observable that as long since as it is that yet the King of England or Britain was Lord and Emperor of the British Sea which agrees with that of one of his Successors Canutus when sitting in a Chair by the South Shore he used these words to the Sea Tumeae ditionis es terra in qua sedeo mea est Thou art of my Dominion or Empire and the Land whereon I sit is mine as taking it clearly that he was the Supreme Lord and Emperor of both whence also it is affirm'd by Belknap one of the Justices of the Kings Bench 5 R. 2. That the Sea is of the King Ligeance as of the Crown of England So that Edward his Son in a Charter to the Abbey of Ramsey Ego Edwardus totius Albionis Dei moderante gubernatione Basileus I Edward by the Guidance or
a King like a Chinese god might be whipt into a compliance or if that will not do thrown in the fire and another set up in his room during the same pleasure or better behaviour In a word I spake erewhile of flight and supplications but they that are too stiff for the one will rarely bend to the other unless when they can do no more they appeal from the King to Alexander from himself unto himself as presuming that private Spirit which knows not how to deny will yet so prevail on his publick capacity that he will remit any thing SECTION IX The Arts of the late times in working the People from this Obedience It was to be done piece-meal The Kings Necessities answered with Complaints Plots discovered Fears and Jealousies promoted Religion cants its part Leading men some to make it Law others Gospel The examples of Corah c. The same Game playing over again Prognostications c. The ill consequence of such Impressions The examples of Cade Tyler and others Holy League in France Solemn League and Covenant at home c. New Trains to the old Fuel Our Saviours advice to his Disciples touching the leven of the Pharisees What that and they were made applicable unto our selves I Have brought it thus far that Princes are to be obey'd and yet ere I close the Argument it will not be from the purpose if we examin how the People were wrought from it in the late times and of what ill consequence the like impressions may be at present Wise men are safe they have wit enough to keep within themselves but 't is the Mobile vulgus the Ignota Capita Sine nomine turba that only fall within my discourse And truly considering this Kingdom in its self Potens armis atque ubere glebae A Land so considerable abroad and fruitful at home That Virtue and Fortune which according to Florus seem'd to have contested about the raising of the Roman Empire might have been truly said to have concenter'd here And withal considering the evils we have past and the happy days we might enjoy if we pleas'd our selves it would confound Astrologers to observe such Planets such masculine Planets Ascending in Conjunction in the Houses of their Exaltation and yet the Kingdom Planet-struck Pudet haec opprobria dici Et dici potuisse non potuisse refelli To examin it a little further and the rather for this that by viewing the Cards by which the last Game was play'd we need not be once more cheated unless we please our selves That the People were so beset is agreed of all hands Whither do Rheumes and Humors resort but to the weakest parts yet this was not to be done all at once no they were first to be prepar'd and then so dispos'd that they saw nothing but sub imagine lusca by a dull false light To have askt the People about sixty years since if they would have taken Arms against their Prince That Prince whose Ancestor had given them so much they could not readily tell what to ask more no doubt but they had startled at the question and answer'd as Hazael to Elisha Is thy servant a dead dog he should do this thing No that was a gobbet too large for their throats but given bit by bit there was no danger of the swallow were it never so raw Seldom appears the Devil so ugly as the Painters make him that were enough to convince an Atheist but when he offers himself as an Angel of Light who would suffer him to shake off the dust of his feet on them And here Religion was a main instrument but it must stay its time no man serves up the last course till the first and second are over the King was to be first reduc'd to necessity to the end that being forc'd to extraordinary means for supply he might attract an odium nor must he be supply'd but from hand to mouth however what he might want in that he had it otherways press'd down and running over complaints of Grievances Treasure mis-spent Necessities contracted by mis-providence Remonstrances against Favourites not forgetting the Old Ingredients of Growth of Popery and Arbitrary Government and if this was not the Art of that time my Author has done them wrong and that he is seldom guilty of By this time the People were shod with the Preparation of the Work and now the French are ready to land and the old Vault smells rank of Powder again The Kingdom must be put into a posture of Defence and the Militia into Confiding hands Fears and Jealousies promoted Bishops and Popish Lords Excluded the Well-affected Counties Associated Monies raised themselves Perpetuated Publick-Faith set up the Excise slurr'd on the People for repaying it and the holy Covenant to pin the Basket And one would think they had laid in well enough and yet besides the 11 Millions which the Plate Rings Bodkins c. within London Essex and Middlesex besides other Counties amounted to it is publickly declar'd That if any Papists would bring in any considerable Sums upon the Propositions they should be received albeit they tax'd his Majesty for raising an Army by the help of Papists as their Disciples some years afterward hired Owen Roe O Neal to raise the Siege at London-Derry in Ireland then Beleaguer'd by his Majesties Forces not without suspicion that they over-paid him his Wages in a Parting Glass And now 't is time that Religion Trump up and justifie all they had already laid or were to act for the future A painful Gospel-Ministry must act its part and S. Ant'lins Lectures lead the way to the Artillery-yard in order to which they beat down morality that having swept the house of one Tenant it might be the readier for another Ye must not said they plant Gospel-Truths on legal Foundations or the rotten Crab-stocks of carnal Principles who ever found fault with Fresh Herrings and shall we despise Truth because 't is a novelty 't is a sign men have a mind to sleep when they draw their Curtains and will have no more light come in whereas it is your work to enquire after further light To call out what of the night How much of the night of Popery and darkness remains How near are we to the taking the possession and how long may we be kept off ere the Scepter of the Kingdom be advanced And is not this fine stuff And yet the Pulpit-Drums of that time beat no other March And all this by Scripture too nor as to themselves without reason Don't we give Children Hony and Raisins with their Worm-seed and g●ld Pills for men of riper years Did ever Dog swallow a Cork without Butter or even a Fool Angle without hiding his Hook in a Bait No no the Needle must be first in and the Thred follows of course Absalom had never gotten the People to him had he not mask'd his Rebellion under a Vow at