who by the Mother's Side is Grandson to Charles the First and son-in-Son-in-Law to James the Second is that Person of Charles his Lineage who was to Land upon the Shore of his Father's Kingdom with such Forces as His present Majesty had with him And if this be admitted I am sure His Reign in his own Right is foretold for the Prophesie of that Person says Regnum suum felicissimè administrabit and since Grebner speaks of one to Reign here after the Knight and the Nullus it makes it highly probable that he had a Foreknowledge of the Protectorship of Oliver Cromwel who was commonly known by the Name of Nol. David Pareus one would think had seen the Person of the Prince of Orange in a Divine Dream as he was thought to have seen the City of Heidelburgh in Flames three Years before it hapned Nor is he singular in calling his Hero a Grecian King for Nostredamus called his the Aemathien either resembling him to Caesar who conquer'd Pompey in Greece in the Aemathien or Pharsalian Fields or else with respect to the future Progress of his Arms as far as Pareus mentions Antonius Torquatus who wrote above Two hundred Years since looks like an Historian setting forth the great Changes and Occurrenrences in Europe during the two last Centuries and not obscurely to describe the present Juncture of Affairs Nor does his Northern Prince seem to he other than the English-Belgick Lion. 2d As to the rightful Power which this Nation had to contribute towards the accomplishing of those Prophecies which mark the late Prince of Orange for King of England Not thinking it worth the while to refute the fond Notion of an Absolute Patriarchal Power descending down from Adam to our Kings in an unaccountable way I shall take it for granted that as Grotius has it the Civitas is the common Subject of Power this in the most restrain'd sense is meant of the People of Legal Interests in the Government according to the first Institution Yet if they are entitled to any fort of Magistracy they become part of his Subjectum proprium the proper or particular Subject or Seat of Power Wherefore I take his Cives to be the same with Pufendorf's Quorum coitione consensu primo civitas coaluit aut qui in illorum locum successerunt nempe patres familiâs By whose Conjunction and Consent the Civil Society first came together or they who succeeded in to their Rooms to wit the Fathérs of Families And the most sensible of them who deny this as fighting against their fansied Divine Right of Kingship own that the People have in many Cases a Right to design the Person if not to confer the Power only these Men will have it that the Extent of the Power of a King as King is ascertained by God himself which I must needs say I could never yet find prov'd with any colour But to avoid a Dispute needless here since the Question is not so much of the Extent of Power as of the Choice of Persons Whether any Choice is allowable for us must be determin'd by the fundamental or subsequent Contract either voluntary or impos'd by Conquest and 't is this which must resolve us whether the Government shall continue Elective or Hereditary to them that stand next in the Course of Nature guided to a certain Channel by the Common Law of Descents or limited only to the Blood with a Liberty in the People to prefer which they think most fit all Circumstances considered And if our Constitution warrants the last then we may cut the Gordian Knot and never trouble our selves with Difficulties about a Demise or Cession from the Government or Abdication of it for which way soever the Throne is free from the last Possessor the People will be at liberty to set up the most deserving of the Family unless there be subsequent Limitations by a Contract yet in force between Prince and People which being dissolv'd no Agreements take place but such as are among themselves In which Case whatever ordinary Rule they have set themselves they may alter it upon weighty Considerations And that it is lawful for the People of England at this time to renounce their Allegiance sworn to J. 2. and to prefer the most deserving of the Blood notwithstanding any Oaths or Recognitions taken or made by them I shall evince not only from the Equity of the Law and Reservations necessarily imply'd in their Submission to a King but from the very Letter explain'd by the Practice of the Kingdom both before the reputed Conquest and since 1. For the Equity and reserved Cases I think it appears in the nature of the thing that they for whose benefit the Reservation is must be the Judges as in all Cases of Necessity he who is warranted by the Necessity must judge for himself before he acts tho' whether he acts according to that Warrant or no may be referr'd to an higher Examen but where the last resort is there must be the Judgment which of necessary consequence in these Cases must needs be by the People the Question being of their Exercise of their Original Power and where they have by a general Concurrence past the final Sentence in this Case their Voice is as the Voice of God and ought to be submitted to For the direction of their Judgment in such Cases they need not consult Voluminous Authors but may receive sufficient Light from those excellent Papers The Enquiry into the Present State of Affairs The Grounds and Measures of Submission and The Brief Justification of the Prince of Orange 's Descent into England and of the Kingdom 's late Recourse to Arms. Which I shall here only confirm by some Authorities The first as being of most Credit among them who raise the greatest Dust shall be Bishop Sanderson Of the Obligation of an Oath who shews several Exceptions or Conditions which of Common Right are to be understood before an Oath can oblige in which I shall not confine my self to the Order in which he places them 1. If God permit because all things are subject to the Divine Providence and Will nor is it in any Man's power to provide against future Accidents Wherefore he who did what lay in him to perform what he promis'd has discharg'd his Oath 2. Things remaining as they now are Whence he who swore to marry any Woman is not oblig'd if he discovers that she is with Child by another These two Exceptions sufficiently warrant Submission to such Government as God in his Providence shall permit notwithstanding Oaths to a former King And if he cease to treat his People as Subjects the Obligation which was to a Legal King determines before his actual Withdrawing from the Government 3. As far as we may as if one swear indefinitely to observe all Statutes and Customs of any Community he is not oblig'd to observe them farther
than they are lawful and honest 4. Saving the Power of a Superior Whence if a Son in his Father's Family swear to do a Thing lawful in it self but the Father not knowing it commands another thing which hinders the doing that which is sworn he is not bound by his Oath because by the Divine Natural Law he is bound to obey his Father And he who has sworn not to go out of his House being cited to appear before a Lawful Judge is bound to go out notwithstanding his Oath the Reason is because the Act of one ought not to prejudice the Right of another These two last Instances added to the Consideration of a Legal King will qualifie the Oath declaring it not lawful upon any pretence whatsoever to take Arms against the King and abhorring the Traiterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him This I think I may say with warrant from Bishop Sanderson That no Man is bound by this Oath to act against Law under colour of the King's Commission nor to permit such Actions if it be in his power to hinder them the Common Fundamental Law being in this Case the Superior which he is to obey and which is to explain and limit the Sense of Acts of Parliament seeming to the contrary To Bishop Sanderson I may add Grotius who runs the Prerogative of Kings as far as any Man in reason can Yet he allows of reserved Cases in which Allegiance may be withdrawn tho' there is no express Letter of Law for it As 1. Where the People being yet free command their future King by way of continuing Precept Whether there be any such with us can be no doubt to them who read the Coronation Oaths from time to time required and taken upon Elections of some Kings and the receiving others by reason of prior Elections and Stipulations with their Predecessors 2. If a King has abdicated or abandon'd his Authority or manifestly holds it as derelict indeed he says he is not to be thought to have done this who only manages his Affairs negligently But surely no Man can think but the Power of J. 2. is derelict And he cites three Cases wherein even Barelay the most zealous Asserter of Kingly Power allows Reservations to the People 1. If the King treats his People with outragious Cruelty 2. If with an hostile Mind he seek the Destruction of his People 3. If he alien his Kingdom This Grotius denies to have any effect and therefore will not admit among the reserved Cases But if no Act which is ineffectual in Law will justifie the withdrawing Allegiance then none of the other Instances will hold for to that purpose they are equally ineffectual Yet who doubts but the King doing what in him lies to alien his Kingdom gives Pretence for Foreign Usurpations as King John did to the Pope's And whoever goes to restore the Authority of the See of Rome here be it only in Spirituals endeavors to put the Kingdom under another Head than what our Laws establish and to that purpose aliens the Dominion Nor can it be any great Question but the aliening any Kingdom or Country part of the Dominion of England will fall under the same Consideration which will bring the Case of Ireland up to this where the Protestants are disarm'd and the Power which was arm'd for the Protection of the English there is put into the Hands of the Native Papists so that it is not likely to be restor'd to its Settlement at home or dependence upon England without great Expence of Blood and Treasure Even the Author of Jovian owns that the King's Law is his most authoritative Command and he denies that the Roman Emperour had any Right to enslave the whole People by altering the Constitution of the Roman Government from a Civil into a Tyrannical Dominion or from a Government wherein the People had Liberty and Property into such a Government as the Persian was and the Turkish now is c. Tho' by the Roman Lex Regia which himself takes notice of the People had transferred all their Power to the Emperor yet we see the highest Asserter of Imperial Power allows of Reservations If says Bishop Bilson a Prince should go about to subject his Kingdom to a Foreign Realm or change the Form of the Common-wealth from Imperie to Tyranny or neglect the Laws establish'd by Common Consent of Prince and People to execute his own Pleasure in these and other Cases which might be named if the Nobles and Commons join together to defend their ancient and accustomed Liberty Regiment and Laws they may not well be accounted Rebels And soon after he speaks of a Power for preserving the Foundation Freedom and Form of their Commonwealths which they forepriz'd when they first consented to have a King. Where his meaning cannot be restrain'd to express Provisions excluding such as may be equitably intended And not to heap Authorities with this agrees the Divine Plato who after he has affirm'd that the highest Degrees of Punishment belong to those who will misguide a Ship or prescribe a dangerous new way of Physick having brought in Socrates asking whether Magistrates ought not to be subject to the like Laws himself asks What shall be determined if we require all things to be done according to a certain Form and set over the Laws themselves one either chose by the Suffrages of the People or by Lot who slighting the Laws shall for the sake of Lucre or to gratifie his Lust not knowing what is fit attempt to do things contrary to the Institution This Man both he and Socrates condemn as a greater Criminal than those which he had mention'd whose Crime he aggravates as 't is an acting against those Laws which thro' a long Experience had been ordain'd by their Counsel and Industry who had opportunely and duly weighed every thing and had prevail'd upon the People to submit to them 2d To proceed to Positive Law I shall shew how the Contract between Prince and People stood and hath been taken both before the reputed Conquest and since Where 't will appear 1. That Allegiance might and may in some Cases be withdrawn in the Life-time of one who continued King until the occasion of such withdrawing or Judgment upon it 2. That there was and is an establish'd Judicature for this without need of recurring to that Equity which the People are suppos'd to have reserv'd 3. That there has been no absolute Hereditary Right to the Crown of England from the beginning of the Monarchy but that the People have had a Latitude for setting up whom of the Blood they pleas'd upon the determination of the Interest of any particular Person except where there has been a Settlement of the Crown in force 4. That they were lately restored to such Latitude 1. If the King not observing his Coronation-Oath
in the main lose the Name of King then no Man can say that Allegiance continues But that so it was before the reputed Conquest appears by the Confessor's Laws where they declare the Duty of the King. But the King because he is Vicar to the Supreme King is constituted to this end that he should rule his earthly Kingdom and the People of God and above all should reverence God's Holy Church and defend it from injurious Persons and pluck from it Wrong-doers and destroy and wholly ruine them which unless he does not so much as the Name of King will remain in him c. Hoveden shews how this was receiv'd by William 1. The King and his Deputy or Locum tenens in his absence is constituted to this end c. in substance as above Which unless he does the true Name of King will not remain in him And as the Confessor's Laws have it in which there is some mistake in the Transcriber of Hoveden otherwise agreeing with them Pope John witnesses That he loses the Name of King who does not what belongs to a King which is no Evidence that this Doctrine is deriv'd from the Pope of Rome The Pope only confirms the Constitution or gives his Approbation of it perhaps that the Clergy of those Times might raise no Cavils from a supposed Divine Right And to shew that this is not only for violating the Rights of the Church the Confessor's Laws inform us that Pipin and Charles his Son not yet Kings but Princes under the French King foolishly wrote to the Pope asking him if the Kings of France ought to remain content with the bare Name of King By whom it was answer'd They are to be called Kings who watch over defend and rule God's Church and his People c. Hoveden's Transcriber gives the same in substance but thro' a miserable mistake in Chronology will have it that the Letter was wrote by Pipin and his Son to W. 1. Lambart's Version of St. Edward's Laws goes on to Particulars among others That the King is to keep without diminution all the Lands Honours Dignities Rights and Liberties of the Crown That he is to do all things in his Kingdom according to Law and by the Judgment of the Proceres or Barons of the Realm and these things he is to swear before he is Crown'd By the Coronation-Oaths before the reputed Conquest and since all agreeing in Substance every King was to promise the People three things 1. That God's Church and all the People in the Kingdom shall enjoy true Peace 2. That he will forbid Rapine and all Injustice in all Orders of Men. 3. That he will promise and command Justice and Mercy in all Judgments And 't is observable That Bracton who wrote in the time of H. 3. transcribes that very Formulary or rather Abridgment of the Oath which was taken by the Saxon Kings In Bracton's time 't is certain the Oath was more explicit tho' reducible to those Heads and 't is observable that Bracton says The King is Created and Elected to this end that he should do Justice to all Where he manifestly shews the King's Oath to be his part of a binding Contract it being an Agreement with the People while they had power to chuse With Bracton agrees Fleta and both inform us that in their days there was no scruple in calling him a Tyrant and no King who oppresses his People violatâ dominatione as one has it or violentâ as the other either the Rule of Government being violated or with a violent Government both of which are of the like import The Mirrour at least puts this Contract out of dispute shewing the very Institution of the Monarchy before a Right was vested in any single Family or Person When forty Princes who had the Supreme Power here chose from among them a King to Reign over them and govern the People of God and to maintain the holy Christian Faith and to defend their Persons and Goods in quiet by the Rules of Right And at the beginning they caused the King to swear That he will maintain the holy Christian Faith with all his Power and will rule his People justly without regard to any Person and shall be obedient to suffer Right or Justice as well as others his Subjects And what that Right and Justice was in the last result the Confessor's Laws explain when they shew that he may lose the Name of King. These Laws were not only receiv'd by William 1. and in the Codex of the Laws of H. 1. but were the Laws which in the early Contests which the Barons had with their encroaching Kings they always urg'd to have maintain'd and that their Sanction might not be question'd the Observance of them was made part of the Coronation-Oath till some Archbishops careful only of their Clerical Rights provided for no more of those Laws than concerned them By that Oath which is upon Record and in ancient Prints the King is to swear to grant keep and confirm among others especially the Laws Customs and Freedoms granted the Clergy and People by the most glorious and holy King Edward And even after the King 's taking this Oath they were to be ask'd if they would consent to have him their King and Leige-lord Which is the Peoples part of the Contract and thus the Contract becomes mutual To which purpose the Learned Sir Henry Spelman cites Cujacius the great Civilian to shew that Faith between a Lord and Vassal is reciprocal and gives an Instance in the Oath of one of our Saxon Kings Knute for the proof of its being so here between King and Subject And with Cujacius agrees the no less judicious Civilian Pufendorf When says he the Power is conferr'd upon a King there is a mutual Translation of Right and a reciprocal Promise If it be objected That tho' this was at the beginning a Contract with a Free People it ceas'd to be so from the time of the Conquest I answer 1. Till there be a Consent and Agreement to some Terms of Governing and Subjection 't will be difficult if possible to prove any Right in the Conqueror but what may be cast off as soon as there is an Opportunity 2. William 1. was not receiv'd as a Conqueror but upon a mutual Contract upon which old Historians say Foedus pepigit He made a League with the People which comes to the same thing with what the Holy Writ records of King David That the People made a League with him His Coronation-Oath was the same with that which was taken by his Saxon Predecessors except that the Circumstances of that time requir'd an additional Clause for keeping an equal Hand between English and French. 'T is not to be doubted but that the Norman Casuists inform'd him that this related only to Legal Justice but that in Matters of Grace and Favour he
Lords took upon him the Charge of the Kingdom as forfeited to him by breach of the Covenant establish'd in Parliament Yet this gave him no sure Settlement for the Popularity of the Earl of Warwick drove him out of the Kingdom without striking a Stroke for it Upon which H. 6. was again restor'd to his Kingly Power and Edward was in Parliament declared a Traytor to the Country and an Vsurper of the Realm the Settlement upon R. and his Heirs revok'd and the Crown entail'd upon H. 6. and his Heirs Males with Remainders over to secure against Edward's coming to the Crown Yet the Death of the Earl of Warwick having in effect put an end to King Henry's Power he was soon taken Prisoner and put to death as his Son had been before and then Edward procures a Confirmation in Parliament of the Settlement under which he enjoy'd the Crown Thus as the Power of the People or Great ones of Interest with them turn'd the Scales from time to time so 't was their Consent which fixt them at last during the the Life of E. 4. It may be said That whatever the Law or Practice has been anciently neither can now be of any moment by reason of the Oath requir'd by several Statutes declaring it not lawful upon any Pretence whatsoever to take Arms against the King and abhorring the Traiterous Position of taking Arms by his Authority against his Person And 2. The Clause in the Statute 12 Car. 2. whereby it is declar'd That by the undoubted and fundamental Laws of this Kingdom neither the Peers of this Realm nor the Commons nor both together in Parliament or out of Parliament nor the People Collectively or Representatively nor any other Persons whatsoever had have hath or ought to have any Coercive Power over the Persons of the Kings of this Realm I shall not here insist in answer to the first on the necessity of a Commission and a King continuing Legal in the Exercise as well as Possession of Power nor the difference between the Traiterous Acts of single Persons and the Revolt of a Nation nor yet upon the Authority of the Common Law whereby a Constable or other Officer chose by the People may act without any Authority from the King. And for the latter as Coertion is restrain'd to the Person of the King the declaring against that is not contrary to the Authorities for discharging Allegiance by a Judicial Sentence or otherwise by vertue of equitable and supposed Reservations provided a tender Regard to the Person be still observ'd But if Proceedings to free our selves from his Authority fall under this Coertion then I shall offer something which may remove both this and the other from being Objections to what I have above shewn To keep to what may equally reach to both Authorities I shall not urge here That these Statutes being barely Declaratory and enacting no Law for the future introduce none so that if the Fundamental Laws shall appear to be otherwise the Declarations do not supplant them Nor yet to insist upon a Rule in the Civil Law That the Commonwealth is always a Minor and at liberty to renounce the Obligations which it has entred into against its Benefit which is the Supreme Law. But I shall stop their Mouths who object these Statutes and maintain That according to what themselves receive for Law the Parliaments which enacted these Declarations had no power so to do and then the Law must stand as it did For this let us first hear Mr. Sheringham whose Authority few of these Men dispute They that lay the first Foundation of a Commonwealth have Authority to make Laws that cannot be alter'd by Posterity in Matters that concern the Rights both of King and People For Foundations cannot be remov'd without the Ruine and Subversion of the whole Building Wherefore admit the Acts had been duly made according to him they would be void if the Fundamental Law were as I have shewn However I am sure I can irrefragably prove to them who will not have a Nation sav'd without strict Form of Law That the Parliament which made those Acts had no Power at the time of making them being by the express Words of a former Statute repeal'd The Triennial Act 16 Car. 1. provides in a way not easily to be defeated not only for holding a Parliament once within Three Years at least but that all Parliaments which shall be Prorogu'd or Adjourn'd or so continued by Prorogation or Adjournment until the Tenth of September which shall be in the third Year next after the last Day of the last Meeting and Sitting of the foregoing Parliament shall be thenceforth clearly and absolutely dissolv'd Now say I that Parliament which enacted these Laws had sat beyond that Time Ergo c. These were made in the Parliament next after the Convention which brought in the King which they I am sure will not call a Parliament Wherefore we must go back to the first Long Parliament which upon their own Rule Rex est caput finis Parliamenti was dissolv'd by the Death of C. 1. Anno 1648. notwithstanding the Act for making it Perpetual which indeed by the Words of it seems only to provide against any Act of the King to the contrary without their Consent But by the Death of the King that Parliament lost the Being which before it had as it was under him when it was Parliamentum nostrum the Parliament of Charles the First and so expired An. 1648. by Act in Law. And perhaps it s own breaking up in Confusion before was in Law an Adjournment sine die working a Dissolution by either of which that Parliament was dissolv'd more than three Years before the Parliament which made the Statute in question which Parliament assembled An. 1661. and was ipso facto dissolv'd when it attempted to make those Statutes it having been continued by Prorogation or Adjournment beyond the Tenth of September in the Third Year after the Dissolution of the last Parliament of Charles the First which was the next foregoing Legal Parliament according to strict Form for the Parliament which brought in C. 2. Anno 1660. was not summon'd by the King's Writs consequently the Parliament 1661. having no Power after it had continued as above whatever was the Ancient Law in this Matter remains as it did before those Laws If it be Objected That the Necessity of the Times had dispens'd with the Letter of the Triennial Act as to this Particular 1. They who would plead these Statutes cannot urge it since they will not allow of greater Necessity to authorize the Maintaining and Restoring the Constitution But surely however Necessity might support other Laws it shall not such as alter the Constitution but every Legal Advantage shall be taken for restoring it 2. The Necessity was not absolute for the First Parliament of Charles the Second might continue together as long
of a King than they would have of coming to Parliament without his Writ Yet since the Right of the People in Person or Representation is indubitable in such a Case what hinders the Validity of the late Choice considering how many Elections of Kings we have had and that never by the People diffusively since the first Institution of the Government And the Representations agreed on tho' I take them to be earlier settled for Cities and Burrough than for the Freeholders in the Counties yet have ever since their respective Settlements been in the same manner as now at least none have since the first Institution ever come in their own Persons or been Electors but what are present personally or representatively and their own Consent takes away all pretence of Error If it be said That they ought to have been summon'd Forty days before the Assembly held That is only a Privilege from the King which they may wave and have more than once consented to be represented upon less than Forty days Summons Mr. Prynne gives several Instances as 49 H. 3. 4 E. 3. 1 H. 4. 28 Eliz. and says he omits other Precedents of Parliaments summon'd within Forty days after the Writs of Summons bear date upon extraordinary Occasions of Publick Safety and Concernment which could not conveniently admit so long delay And Sir Robert Cotton being a strict Adherer to Form upon an Emergency advis'd That the Writs should be antedated which Trick could make no real difference To say however there ought to have been a Summons from or in the Name of a King in being is absurd it being for the Exercise of a Lawful Power which unless my Authorities fail the People had without a King or even against the Consent of one in being Besides it appears That such Summons have not been essential to the Great Councils of the Nation Tacitus shews That the Germans from whom we descend had theirs at certain Days unless when some extraordinary Matter hapned And by the Confessor's Laws receiv'd by W. 1. and continu'd downwards by the Coronation-Oaths requir'd to this very day the general Folcmot ought to be held annually without any formal Summons upon May-day And the Statute 16 Car. 1. which our rigid Formallists must own to be in force has wholly taken away the necessity of Writs of Summons from a King. The Assembly of Lords and Commons held Anno 1660. was summon'd by the Keepers of the Liberties of England not by the King's Writs yet when they came to act in conjunction with the King they declare enact and adjudge where the Statute is manifestly declaratory of what was Law before That the Lords and Commons then sitting are and shall be the Two Houses of Parliament notwithstanding any want of the King 's Writ or Writs of Summons or any defect or alteration of or in any Writ of Summons c. Tho' this seems parallel to the present Case yet in truth ours is the strongest For the King then having been only King de jure no Authority could be receiv'd from him nor could any Act of his be regarded in Law thro' defect either of Jurisdiction or Proof if not both Accordingly as not only the Reason of the thing but the Lord Coke shews a Pardon from one barely King de jure is of no force Besides the Keepers were an upstart Power imposing themselves upon the People without any formal Consent at least not so fully receiv'd to the publick Administration as our present King was who at the Request of a very large Representative of the People pursu'd the late Method of calling a more Solemn Assembly If that Anno 1660. had Power acting with the King to declare it self a Parliament why had not this in defect of a King to declare or chuse one Sure I am prudent Antiquity regarded not so much the Person calling or the End for which a General Council was call'd as who were present that Notice which they comply'd with being always sufficiently formal Wherefore a General Ecclesiastical Council being summon'd in the Reign of H. 1. by William Archb. of Canterb. thither according to the known Law of those Times the Laity came I cannot say they sate there for the Numbers were so great as they commonly were at such Assemblies before the Free-holders agreed to Representations that happy was the Man whatever his Quality who could have a convenient Standing After the Ecclesiastical Matters were over in the Council I now speak of they fell upon Secular Some they determin'd some they adjourn'd some the Judges of the Poll or Voices could make nothing of by reason of the great Crowd and Din. And when the King heard their Determinations and confirm'd them they had full Legal Force But had there been no Warrant from former Times for the late manner of Proceeding the People of Legal Interests in the Government having been restor'd to their Original Right who can doubt but they had an absolute Power over Forms That they were not call'd to a Parliament I hope will not be an Objection since the Word is much less ancient than such Assemblies And since the Cives the Common Subject of the National Power have made their Determination this according to that Positive Law which I have shewn above ought to quiet the Debate and command a Submission And yet were there not positive Law on their side the equitable Reservations before observ'd might be sufficient Warrant Nor is the Civil Law wanting to enforce this Matter One Barbarius a run-away Servant not known to be so got in favour with Anthony at the time of the Triumvirate and by his means came to be Praetor upon this a great Question arose Whether what he did or was done before him during his Praetorship were valid Vlpian decides in the affirmative and Hottoman upon that Question says The Suffrages of the People have the force of a Law. The Reasons given for the Resolution as they are in Gotofred who best reconciles the various Readings will greatly strengthen our Case He tells us That tho' the Question there is only concerning a Servant the Reason of it reaches to Emperors and all Secular and Ecclesiastical Dignities The Reasons why Vlpian holds the Acts of such good are 1. In regard of Common Utility and the Inconvenience it would be to those who had business before him if it were otherwise 2. From the Power of the People to give a Servant this Honour Gotofred thinks If this may be done with certain knowledge that he was a Servant much more if thro' mistake for if the People who have the Supreme Power may with certain knowledge for the sake of the Publick Good not only design a Servant for Praetor but in this Case by a just Election take a Servant away from his Master how much more may it be done as in the Case propounded not to make a Servant wholly a true Praetor not to take
subditis c. a Nota Protection Bracton lib. 3. c. 9. Fleta lib. 1. c. 17. Mirror p. 8. Vid. Seld. Spicel ad Eadmerum f. 171. Dissert ad Fletam f. 519. Hoved f. 608. Leges H. 1. confirming St. Edward's Laws cum illis emendationibus quibus pater meus emendavit consilio Baronum suorum Vid. Mat. Par. f. 243. Barones petierunt de Rege Johanne quasdam libertates leges Regis Edwardi f. 244. partim in carta regis Henrici scripta sunt partimque ex legibus Regis Edwardi antiquis excerpta sunt Vid. Rushw 1. v. f. 200. Coronation of C. 1. Sir says the Archbishop Will you grant and keep and by your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England your Lawful and Religious Predecessors namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward your Predecessor V. Rot. Claus 1 R. 2. n. 44. Magna Carta Ed. cum priv Anno 1558. Juramentum Regis quando coronatur Spelman's Glos tit Fidelitas f. 271. Sam. Puf. de Interregnis p. 274. Quando in regem confertur imperium est mutua juris translatio seu reciproca promissio Vid. Templum Pacis p. 767. Deditio est pactus quo belle inferior majoris mali evitandi ergo potestati alterius sese submittit in jura aliena transit Dividi potest in simplicem sive purum quando quis mero victoris arbitrio sese submittit compositum sive conditionatum quando alterius quidem potestati quis sese subjicit sed sub conditionibus quibus aut singuli sibi consulunt aut toti universitati So Textoris Synopsis jurifgentium p. 129. Victoria vel pactione restricta est vel absoluta specie priori non plus juris victor acquirit quam ei pacto fuit concessum Sim. Dunelm f. 195. Hoved. f. 450. 2 Sam. 5. 3. Lord Clarendon's Survey of the Leviathan p. 109. 148 149. Aequo jure Vid. infr Vid. Leges W. 1. de fide obsequio erga regem Jovian p. 244. Vid. Dr. Stillingfl Irenicum p. 132 133. Saravia de Imperii authoritate f. 221. Grotius de Jure Belli Pacis p. 59. Successio non est titulus imperii sed veteris continuatio Lord Clarendon's Survey p. 74. Matth. Paris Edit Lond. f. 563. Comite Cestriae gladium Sancti Edwardi qui Curtein dicitur ante Regem bajulante in signum quod Comes est Palatinus regem si oberret habeat de jure potestatem cohibendi Knighton f. 2683. meaning the Case of E. 2. Knighton f. 1752. Mirror p. 9. Hornii orbis imperans p. 196. Hornius p. 196. Fleta lib. 1. cap. 17. Bracton lib. 3. c. 9. p. 107. Ibid. Bract. lib. 2. c. 16. p. 34. V. Ryly Plac. Parl. f. 20. Fleta supra Superiores So Mirror p. 9. Ceux compagnions sont ore appelles Comites in Latine Comitatus where he takes in all that come up to Parliament from the Counties Vid. Mirror p. 209. He there says Suitors are Judges ordinaries and 274. speaks of Counties les autres Suitors having Jurisdiction in Causes which the King cannot determine by himself or by his Judges So Judge Crook's Argument in Hampden's C. p. 59. Whatever is done to the hurt or wrong of the Subjects and against the Laws of the Land the Law imputeth that Honour and Justice to the King whose Throne is establish'd by Justice that it is not done by the King but it is done by some unsound and unjust Information and therefore void and not done by Prerogative Chronica de Mailros f. 137. Anno 756. Bromton f. 770. Congregati sunt Proceres Populus totius regni eum providâ deliberatione a regno unanimi consensu omnium expellebant Chron. Mailros f. 138. Anno 774. S. Dunelm 106. 107. Consilio consensu omnium regiae familiae ac principum destitutus societate exilio imperii mutavit Majestatem a Ib. f. 108. Anno 779. Mailros Anno 794. f. 139. S. Dunelm f. 113. Mailros f. 141. Anno 806. Ibid. f. 143. Anno 866. degenerem Ibid. 144. 872. F. 14â— 941. F. 148. 947. Vid. Mirror Leges S. Edw. Vid. Knighton f. 2312. Bromton f. 1031. Mat. Par. Ed. Tig. f. 243. Anno 1214. Ib. f. 277 278. 288. Mat. Par. f. 373. Walsingham f. 107. Rex dignitate regali abdicatur filius substituitur Hollingshead f. 637. Ibid. f. 639 640. A Crown over a Branch of Lights in the House of Commons and another from the top of Dover-Castle falling about the same time Ibid. f. 657. 〈…〉 â—661 â—â—â—5 678. 693. Stat. 13 Car. 2. Stat. 2. c. 1. Stat. 13 14 Car. 2. c. 3. So c. 4. 15 Car. 2. c. 5. 12 Car. 2. c. 30. Vid. Justin Pandec l. 1. tit 3. Nulla juris ratio aut aequitatis benignitas patitur ut quae salubriter pro utilitate hominum introducuntur ea nos duriore interpretatione contra ipsorum commodum producamus ad severitatem Vid. Rot Parl. 39 H. 6. n 18. Vid. Cujacium tom 4. f. 154. Resp circumscripta in integrum restituitur perinde ac pupillus vel adolescens c. Vid. Cic. de Legibus Salus populi suprema lex esto Inter Leges 12 Tabularum of which Tacitus says Accitis quae usquam egregia compositae duodecim Tabulae finis aequi juris Tacitus Ed. Plant. p. 90. Sheringham of the King's Supremacy p. 41. 16 Car. 1. Nota There was no attempt to repeal this till 16 Car. 2. c. 1. Brook tit Commission n. 21. Ibid. tit Officer n. 25. Vid. Stat. 17 Car. 1. Every thing or things done or to be done for the Adjournment Proroguing or Dissolving of this Parliament contrary to this present Act shall be utterly void Anno 1647. Vid. Hist of the Civil Wars f. 207. Qâ—â—m aufertur 〈◊〉 juramenti juramentum cessat ratione eventus qui câ—sus est eorum qui juraverunt se obedituros Domino aut Principi alicui qui postea cessat esse talis Amesius de Juramento lib 4. c. 22. Sam. Pufendorf de Interregnis p. 272. Nota. omnem reipublicâ— cutam abâ—â—â—averit 〈◊〉 malo 〈…〉 Krantius f. 188. Anno 1460. Hottoman Francogal c. 23. De memorabili auctoritate concilii in Regem Ludovicum 11. Mat. Par. sup f. 563. Freherus de Orig. Palatinarum f. 113 119 120. Gunteri Thulemarii Octovirat c. 18. Ibid. p. 251. Loyseau du droits des Offices Ed. Anno 1610. f. 409. Ibid. f. 410. Treatise of Politick Power Ed. Anno 1556. Vid. Sam. Pufendorf Dissertationes de Interregnis p. 267. Post decretum circa formam regiminis novo pacto opus erit quando constituuntur ille vel illi in quem vel in quos regimen caetûs confertur Jovian p. 78. Ib. Preface At Calcuth Anno 789. Spel. Con. vol. 1. f. 291. Deut. 17. v. 20. Aelfredi Test Append. ad ejus Vitam f. 195. Et mecum tota
interfere with the Judicial Power of the High Court of Parliament and it may be a question whether that Maxim as receiv'd in the Courts of Justice is ever taken to reach farther than either in relation to the Remedies which private Persons may there have against personal Injuries from the King as where 't is said The King cannot imprison any Man because no Action of False Imprisonment will lie against him or rather because of the ineffectualness in Law of his tortious Acts. But what the Nation or its Great Councils have thought of such Acts will appear by a long Series of Judgments from time to time past and executed upon some of their Kings Long before the reputed Conquest Sigibert King of the West-Saxons becoming intolerable by his insolent Actions was expell'd the Kingdom and Bromton shews that this was done in a Judicial manner by the unanimous Consent and Deliberation of the Peers and People that is in the Language of latter Ages by Lords and Commons in full Parliament And eighteen Years after Alcred King of the Northanimbrians that is Northumberland and other adjacent Counties was banish'd and divested of his Soveraignty by the Counsel and Consent of all his Subjects Five Years after this their King Ethelred was driven from the Throne and Kingdom for treacherously procuring the Death of three of his Great Men Alwlf Cynwlf and Ecga Within fifteen Years after this the People having without Example called back Ethelred from Exile slew him without any allowable Precedent and set up in his stead Osbald a Nobleman none of the Royal Stock and he not answering their Expectation they depos'd him in twenty eight days Twelve Years after they deposed their King Eardulf and remain'd long without chusing any Sixty Years after they depos'd their King Osbrich and chose Ella who still swerv'd from the Ends of Government Six Years after they expell'd their King Egbert For sixty nine Years the Kings and their People agreed without coming to any Extremities but then they renounc'd the Allegiance sworn to King Edmund and chose Aulaf King of Norway for their King. Aulaf had not reigned six Years when they drove him away and tho' they receiv'd him again they soon cast him off again and swore Allegiance to the English King Edred Then they rejected him and chose Egric a Dane with whom their independent Monarchy expir'd and turn'd into the Government of Earls I would not be thought to mention those numerous Examples with the least approbation 't is certain they argue great Levity in rejecting or Folly in chusing But if we are believ'd to receive many Laws and Customs from the Germans from whom we are more remotely deriv'd much more may the English Monarchy be thought to partake of the Customs of the contiguous Kingdoms which compose it and by this frequent Practice the Members of it were sufficiently prepar'd to understand that part of the Compact whereby the Prince was oblig'd to suffer Right as well as his Subjects and that if he did not answer the Ends for which he had been chosen he was to lose the Name of King. Either these Examples or rather the continual Engagements in War with Foreigners had such effect that from this time to the Entrance of W. 1. excepting the Case of King Edwin Nephew to the English Monarch Edred who was driven out of the Kingdom Anno 957. I find nothing of the like nature A King was but a more splendid General nor could he hope to maintain his Dignity but by hardy Actions and tender usage of his People their extraordinary Power had slept but for few Years after the Death of the reputed Conqueror till the time of King Stephen the third Successor from W. 1. who after Allegiance sworn to him had it a while withdrawn for Maud the Empress but the People soon return'd to it again rejecting her who was nighest in Blood because she denied them the Benefit of St. Edward's Laws This Power of the People to be sure was rous'd by the extravagant Proceedings of King John upon which the Earls and Barons of England without the Formality of Summons from the King give one another notice of meeting and after a long private Debate they agreed to wage War against him and renounce his Allegiance if he would not confirm their Liberties and agreed upon another Meeting for a peremptory Demand declaring That if he then refus'd them they would compel him to Satisfaction by taking his Castles Nor were they worse than their words and their Resolutions had for a while their desir'd Effect in obtaining a Confirmation of their Liberties but the Pope soon absolv'd the King and encourag'd him to the violation of them till they stoutly casting off the Authority both of King and Pope proceeded to the Election of another King Lewis the Dauphin of France But the Dauphin assuming a Power not brook'd in the English Government upon the Death of King John they set up his Son H. 3. and without any solemn Deposing of Lewis compell'd him to renounce his Pretensions Henry treading in his Father's steps had many unhappy Contests with his Barons and having call'd in numbers of Foreigners they sent him a solemn Message That unless he would remove those troublesom Guests they would all by a Common Council of the whole Realm drive him and his wicked Counsellors out of the Kingdom and would consider of making a new King. Upon this both Sides had recourse to Arms and neither valued the others Judicial Sentence but for certain the Sentence threatned H. 3. was executed upon his Grandson E. 2. who was formally depos'd in Parliament for his Misgovernment whose Case with his next Successor's but one R. 2. by what I have observ'd before appear to have been no Novelties in England Nor was it long before the like was again put in practice more than once H. 6. being a weak misled Prince gave occasion to Richard Duke of York whose Line was put by to cover his Designs for restoring the elder Family with the Pretence of Redressing Publick Grievances The Crown he was so far from pretending to at first that himself swore Allegiance to H. 6. in a very particular manner But having afterwards an Advantage given by the Divisions of them who had driven him out of the Land he in a fortunate Hour with lucky Omens as was believ'd challeng'd the Crown as his Right upon which there was an Agreement ratified in Parliament That H. 6. should enjoy it during his Life and R. and his Heirs after him And tho' Richard Duke of York and his Son Edward afterwards E. 4. had sworn That H. 6. should enjoy the Royal Dignity during Life without trouble from them or either of them yet Richard having been treacherously slain by the Queen's Army immediately after the solemn Pacification Edward at the Petition of some of the Bishops and Temporal
Right The Lords and Commons having a Judicial Power in this Matter as hath been prov'd at large their Exercise of this Power in the nature of the thing determines the Right unless an Appeal lies from them to some higher Court in this Nation But that no Power can legally question them or any of them in this Matter appears more particularly in that there is no Statute now in force nor was since the Death of Car. 2. which makes it Treason to conspire to Depose a King or actually to Depose him But this is of the Nature of those Common-Law Treasons which are left to the Judgment of Parliament And they who are the only Judges of their own Actions have a pretty large Liberty in them especially according to them who would infer the Absolute Power of Princes from the Supposition of no constituted Judges of their Actions Wherefore the Defence of their Proceedings might justly seem to be superseded were it not for an ungovernable sort of Men who either cannot or will not judge according to the Rules of right Reasoning but as they will hardly admit of any Doctrine as true for which they have not the Decision of some Father or Council will believe no Action not proceeding from their imperious Dictates justifiable even in Cases of the utmost necessity for the Preservation of the true Religion and just Laws for which they have no Warrant from the Examples of their Forefathers or Opinions of Men whose Books have past with their Allowance Which often drives me to the seeming Pedantry of Quotations to confirm the most obvious Considerations to which my own Thoughts led me The either open or more covert Matters of Fact inducing the Declaration of Lords and Commons That J. 2. has broken the Original Contract I need not now enquire into All People must own that 〈◊〉 if they in the least attend to the Constitution of our Governmeâ—â— and how apparently he by his general Dispensations usurp'd a Legislative Power for the Destruction of the Protestant Religion and Civil Rights which we were in a fair way of being Dragoon'd out of by a Standing Army by degrees to have been wholly under Popish or Complying Officers Yet if there were no more than his leaving the Kingdom without making any Provision for keeping up the Justice of it and going into France a Country from whence all Mischiefs have of late Years flow'd upon us and our Religion Who can deny but this alone would have been enough to set him aside The going out of the Realm without appointing a Custos was anciently in our Law a Discontinuance of Justice And the Lord Hobart gives it as a Maxim Cessa regnare si non vis judicare Cease to Reign if you will not Judge or maintain the Course of Justice Many I know upon these Questions rather regard the Civil Law and that I am sure gives a home-thrust in the Case of deserting one's Country and going into such an one as France is to our Nation tho' it has been in too strict Alliance with our Kings The Digests say A Deserter has no Right of being restor'd to his Country For he who left his Country with an evil and treacherous Mind is to be held as an Enemy c. But we are to take not only him for a Deserter who runs over to Enemies in time of War but also during a Truce Or who runs over to them with whom there is no Amity either after undertaking to be faithful to his Country or else undertaking to be faithful to the other Either of which Senses the Words will bear 'T is likely to be said That this out of the Civil Law is improperly applied to the Prince who according to that is exempt from all Laws But I would desire such to read the Rescript or Law of Theodosius and Valentinian wherein they thus declare 'T is an Expression suitatable to the Dignity of one that Reigns to profess himself bound by the Laws Our own Authority does so depend upon the Authority of Law. And in truth for the Governing Power to submit to Law is greater than Empire And by the Promulgation of this present Edict we make known to others what we will not allow to our selves That J. 2. had before his Departure broken the Fundamental Laws and that now he not only ceases to Protect but is in a Kingdom which foments and strengthens a Rebellion in Ireland part of the Dominions belonging to the English Crown I think no body will deny Nor till they can answer what I have shewn of the mutual Contract continued down from the first Erection of the Monarchy here ought they to deny that he has thereby broken the Original Contract which bound the People to him and him to them What results from this Breach is now more particularly to be considered That it is a Discharge from all Allegiance to him requir'd by any Law and confirm'd by any Oaths is evident not only from the former Authorities but from the Condition going along with such a mutual Contract as I have prov'd to be with us between Prince and People Or rather to use the Words of the Learned Pufendorf The Obligation is not so much dissolv'd as broken off by the Perfidiousness of either Party For when one does not perform that which was agreed on neither is the other bound to performance For the prior Heads of things to be perform'd in Contracts are in the Subsequent by way of Condition As if it should be said I will perform if you perform first This he more fully explains in another Book where he distinguishes between an Obligation imperfectly mutual as he supposes it to be between an Absolute Prince and his Subjects and one perfectly mutual as he takes it to be where the People have conferr'd a Power on any Terms Of such Obligations he says These since they have a mutual respect to the things agreed on and suppose mutual Faith it is evident that if one Party violate the Faith which he plighted the other is no more bound And therefore he is not perfidious who stands not to those Contracts which the other has broken For all the Heads of one and the same Contract run into each other by way of Condition c. And in that Book of his which is counted the Standard of the Law of Nations he asserts it to be lawful for Subjects to oppose their Prince by Force which is a sufficient departure from Allegiance if he goes about modum habendi potestatem immutare i. e. to change that Manner in which he by the Contract enjoys the Power from less to more Absolute And in his Tract de Interregnis cited above he allows of this If the King abdicate all Care of the Commonwealth becomes of an hostile Mind towards his Subjects or manifestly departs from those Rules of Governing upon the Observance of which as upon a Condition the
first second or third Heirs the mention of Heirs simply ought to be restrain'd to those only because the Nature or Quality of the thing granted ought to be attended to After the Death of Richard Duke of York his Son Edward the Fourth as I before observ'd took the Government upon him as forfeited by breach of the Covenant establish'd in Parliament However H. 6. being set up again ten Years after gets that Settlement by which E. 4. was to have benefit to be revok'd and the Crown to be entail'd on his Issue the Remainder to the Duke of Clarence younger Son to the Duke of York Afterwards E. 4. having success revives the Settlement 39 H. 6. Only that he attaints H. 6. with others of his Party Which Attainder was remov'd 1 H. 7. and declar'd contrary to due Allegiance and all due Order And not only the Attainder but that Act of Parliament it self was revok'd So that hitherto there had been no Title in the Heirs of Richard Duke of York or of Edward the Fourth but what was deriv'd under the Settlement of Henry 6. call'd an Usurper and Edward the Fourth's Treason depriv'd him of the Benefit even of that Settlement H. 7. indeed married the eldest Daughter of E. 4. But before that Marriage having conquer'd Rich. 3. he claim'd the Crown As his Words in Parliament were Tam per justum titulum haereditantiae quà m per verum Dei judicium in tribuendo sibi victoriam de inimico suo As well by just Title of Inheritance as by the true Judgment of God in giving him the Victory over his Enemy If it be ask'd how he could have a Right of Inheritance when the Daughter of E. 4. and his own Mother were alive It seems in the Judgment of that Parliament that E. 4. having acted contrary to his Allegiance due to H. 6. he and his had lost the Benefit of the Settlement reviv'd by his successful Treason and that this was lost even before the Revival was destroy'd by Parliament And then tho' H. 7. could not come in without an Election yet he as H. 4. before might have a sort of Inheritance according to a very witty Author who speaking of the Kingdom of Israel says Concludere licet regnum Israelis si stirpem spectas haereditarium certè fuisse at sanè si personas omnino electivum We may conclude that the Kingdom of Israel if you look at the Stock was certainly Hereditary but if at the Persons altogether Elective Be this as it will the Lords and Commons so far regarded King Henry's Claim that they not only receiv'd him for King but it was enacted by the Authority of the then Parliament That the Crowns of the Realms of England and France should rest in him and the Heirs of his Body lawfully coming perpetually and in NONE OTHER When they had thus done the Commons requested the King to Marry Elizabeth Daughter to E. 4. that by God's Grace there might be Issue of the Stock of their Kings So that this was only to preserve the Royal Blood not to give any new Countenance or Confirmation to his Title H. 8. enjoy'd the Crown not as Heir to his Mother but under the Settlement upon H. 7. Nor can it be said that he was in by Remitter since that Act under which his Mother should have deriv'd was Repeal'd And had it stood in force yet it would not have made the Title more Sacred unless it can be shewn that the Mother had a Title prior to the Act of Settlement 39 H. 6. the contrary to which appears by the former Account from Law and History H. 8. procur'd several Settlements of the Crown according as Love or Jealousie prevail'd in him In the 25th of his Reign 't was settled upon himself and his Heirs Males of his Body lawfully begotten on Queen Anne c. declaring the Marriage with Queen Katherin unlawful Remainder to the Lady Elizabeth Remainder to his own Right Heirs 26 H. 8. an Oath was enjoyn'd for that purpose 28 H. 8. the two former Acts 25 26. are Repeal'd the Illegitimation of Mary Daughter to Queen Katherine is confirmed the like declared of Elizabeth Daughter to Queen Anne and the Crown entail'd upon his Heirs Males by Queen Jane or any other Wife Remainder to Heirs Females by that Queen or any other lawful Wife Remainder to such Person or Persons and according to such Estates as he should appoint by Letters Patent or by Will. 35 the Crown is settled subject to such Conditions as the King should make according to the Power there given first upon Prince Edward and the Heirs of his Body the Remainder in like manner upon the Ladies Mary and Elizabeth and the Heirs of their Bodies successively without taking off their Illegitimations And the same Power is given of Disposing by Letters Patent or by Will as by the Statute 28. for which a memorable Reason is given in both Acts Lest if such Heirs should fail and no Provision made in the King's Life who should Rule and Govern this Realm for lack of such Heirs as in those Acts is mention'd that then this Realm should be destitute of a Lawful Governour E. 6. succeeded according to both those Acts After him Queen Mary by the last who at her coming to the Crown could not be look'd on as of the Right Line because of the Acts which Illegitimated her But in the first of her Reign the same Parliament takes off her Illegitimation and Repeals the Acts 25 28 H. 8. And in this the Parliament seems rather to provide for the Honour of her Descent than as Dr. Brady would have it to declare the Succession to be in Inheritance by Right of Blood. Whatever might be the secret Intention I am sure there is no such Authoritative Declaration And the Acts 28 35 H. 8. seem to say quite the contrary 1 2 P. M. tho' there is no direct Settlement it is made Treason to compass the Deprivation or Destruction of K. P. during the Queen's Life or of the Queen or of the Heirs of her Body lawfully begotten Queen Elizabeth succeeded by vertue of the Limitation 35 H. 8. and tho Bastardiz'd by the Statutes 28 H. 8. and 1 M. yet her first Parliament declare That she is rightly lineally and lawfully descended and come of the Blood Royal of this Realm to whom and the Heirs of her Body the Royal Dignity c. are and shall be united And enacts That the Statute 35 H. 8. shall be the Law of the Kingdom for ever But the Fee of the Crown not having been dispos'd of according to the Power given by the Statute 28 and repeated 35 H. 8. And the 25 whereby 't was limited in Remainder to the Heirs of H. 8. being repeal'd upon the Deaths of E. 6. and the Queens Mary and Elizabeth without Issue there remaining no Heirs of the Body of H. 8. in the
Sea The Kingdom in the Isle again prevails And London trembles at discover'd Sails The West shall the Britannick Islands free The Recogniz'd from Low takes High Degree Scotch discontented Pyrats shall Rebell In a hot Night when Rains the Waters swell See a strange Stratagem The Rebel's Death By Contraries gives to their Cause new Breath By barb'rous Voyage back agen it spreads The Protestants at th' Entry raise their Heads Hot Wind cold Counsels Weeping Panick-Fear Assault by Night in Bed no Army near Oppression great Calamity do's raise Fears and Alarms transform the Bridal-days The Chief of London by Americ Reign Shall of a nipping Scottish Frost complain King Reb. so false an Antichrist shall have As shall occasion Victims for the Grave Within the Isles shall mighty Tumults come All Musick yielding to the Martial Drum. Th' Assailants shall such a brisk On-set make That all to the Great League themselves betake The City made a Slave of one so Free Shall the Assylum of the Banish't be The King would gladly change his froward Mind When he 100 shall 1000 find Norway and Dacia with the British Shore Shall the United Brothers vex full sore The Roman Chief proceeding from French Blood Shall have his Forces driven to the Wood. The Royal Church-man bowing's Head too low A Bloody Torrent from his Mouth shall flow The English Realm by ' nother Realm respires From Death in Slavery that Life inspires Thirty on London-bridge seek the King's Death The Guards shall make him pine away his Breath This Scene of Things remov'd a brown-hair'd King Shall there be chose who did from Frtezland spring The Brown-hair'd coming with Hawk-nose to Fight Shall put his baffl'd Enemy to flight The Exiles to the Land he shall restore Placing the Stoutest of them next the Shore He who the Principality shall hold By Cruelty indecent to be told At last shall see a mighty Army rang'd And his Condition into dang'rous chang'd 'T were better fairly to agree the Thing Lest him to 's Fate the Juyce of Orange bring One dubious not from far shall come to Reign The greater Party shall his Side sustain This by the Great One tho' it be withstood He can't maintain the Title of his Blood. A Kingdom betwixt Brothers in Contest With whom the British Arms and Name should rest The English Title shall be late advis'd Into French Air see one by Night surpriz'd The Successor aveng'd of 's Brother'n Law Whom that Pretence to take the Crown did draw The Obstacle being slain his Blood shall slight Britain shall long with treach'rous France unite Th' Unhappy driv'n away for Grief shall die A Woman celebrates the Victory The Ancient Law and Edict Freedom have The Wall and the Sev'nth Prince shall find a Grave The City the great Mastiff forc'd to leave Shall at the wonderful Alliance grieve Tho' he has made the tim'rous Hart to fly The Wolf and Bear shall yet his Pow'r defie Great Britain as compris'd in England known Shall with an Inundation be o're-flown The New Ausonian League shall offer War To all that to unite against it dare While thro' the Camp the mighty Losses ring The News shall Terror to the Soldiers bring Into Revolt whole Troops and Squadrons run The Great One leaves them seeing he 's undone The King shall find the Want approaching near Of all the Forces which he did cashiere The Faith shall fail which long had promis't been Forsaken and distrest he shall be seen Just upon Fighting shall Defection be The Adverse Chief obtains the Victory The Rere-Guard stand Death follows them that run In the White Territory this is done The City shall the Naval Force obey That shall return after a little stay The Citizens a Prize at Land shall gain The Fleet for a new Lading comes again A Land enslav'd shall in a Martial Hour See its self rais'd to high Degree of Pow'r Their Prince they 'll change and a Provincial mounts Passing the Seas with Forces rais'd near Monts Exiles by Hatred and intestine Ire Against their King successfully conspire The Foes in secret carry on the Mine And his old Friends help forward the Design The Elder Lion to the Young shall yield By single Duel in the Martial Field He in a Golden Cage shall lose his Eyes Two Navies one shall cruel Death surprize Near to the Bridge upon a spacious Plain The Lion shall Caesarian Force maintain Their Pride without the City he 'll abate Himself brought in with Crouds within the Gate To the great Neptune of the spacious Sea In whom French Blood and Punique Faith agree To try at last in Blood the Isles to drown More hurt than from the secret Ill is known Of the Condemn'd shall be a dismal Sight When in the same Design Monarchs unite One shall be so incumbred in 's Affairs They shan't be able to be join'd in Wars One day the two Grear Masters shall combine And find themselves advanc't in their Design The New Land to its Altitude shall rise The Number shall the Bloody-one surprise The Roman Pow'r shall kiss the lowly Ground And its Great Neighbour the like Chance confound Secret Debates and Civil Discords soon Shall stop the Follies of the poor Buffoon After a German Prince does come from far Carried aloft upon a Golden Car With Servitude and Waters in his Way The Dame shall serve and none her Pow'r obey Millain Ferrare Turin and Aquilee Capne and Brundis sorely vex't shall be By th' Eagle Lion and the Celtiques join'd And a Britannick Head Rome then shall find The Celtique Hero with a great amass Of banish't Worthies into Rome shall pass And the Great Pastor shall to Death consign All nigh the Alps who with the Cock shall join From Trojan Blood shall come a German Heart Who to so high Degree of Pow'r shall start That the Arabian Strangers he shall chase And to the Church restore its pristine Grace The Year that Saturn's out of Servitude The Free Land shall be cover'd with a Flood With Trojan Blood in Marr'age he 's ally'd And shall be safe with Spaniards on his Side The second Chief of the rough Danish Soil With those of Frieze and the bold British Isle Shall cause 100 000 Marks to be Spent in a Voyage into Italy The Royal Blood shall Forces raise to gain Th' expected Empire of the Vatican Flemings and English with the Spaniard joyn'd ' Gainst Italy and France shall be combin'd Long uninhabited shall be the Place Which Sein and Marne with watry Arms embrace Assaulted by the Tbames and