from this Authority they can have no proof and from Wise Men can be gathered nothing but such as were Noble or chief of the Realm for the meaner sort and that which we now call the Commonality were then far enough from having any great share of Learning or common Understanding and then besides these Wisest of the People were only such whom the King should think Wise and admit to his Council far from being sent by their Borroughs as elected Senators King Alfred had his Parliament and a great one was held by King Athelstan at Grately ' which only tells us there were Assembled some Bishops Noble-Men and the Wise-Men whom the King called which implies no more then those he had a mind should come But the Antiquity of a Parliament or that of an House of Commons is not so much the thing these Factious Roll and Record Mongers contend for 't is its Superiority Supremacy and there endeavours to make them antient is but in order to the making their Power Exorbitant and not to be controul'd by that of their King whom in the next place this Re-publican can scarce allow the power of calling them at his Pleasure and dissolving them when he pleases But so great is the Power of Truth and the Goodness of the Cause he Opposes that he is forc't to contradict himself to defend his Paradoxes For he tells us the King is obliged with an hear-say Law which his learned in the Faculty and Faction can't find out yet Page 111. to call Parliaments as often as need should be that is they think fit And also not to dissolve them till all their Petitions were answered that is till they are willing to be gone But then will I defie the Gentleman to shew me the difference between this their desired Parliament and a Perpetual sitting do not these industrious Endeavours for such a perpetuity of them plainly tell us 't is that 's the only thing they want and that they are taught experimentally that that alone run the three Kingdoms into absolute Rebellion and ruined the best of Kings and can as certainly compass the Destruction of the present But I 'll tell the lump of Contradiction first the words of our greatest Lawyer and then his own Cooke says none 4. Insti 27. 2. 1. Inst Sect. 164. can begin continue or dissolve a Parliament but by the Kings Authority Himself says that which is undoubtedly the Plato Red. page 105. Kings Right is to call and dissolve Parliaments 'T is impertinent to labour to contradict that which he here so plainly confutes himself the Statesman being so big with his Treasonable Notions so full of his Faction that his Memory fails him makes him forget his own Maxims and makes his subsequent Pages wrangle with the Concessions of those that went before His next Observation is a perfect Comment upon his Text that had in it implicit Treason before he tells us in Justification of the Barons Wars which all our Historians represent as a perfect Page 107. Rebellion That the Peers were fain to use their Power and can he tell me by what Law Subjects are impowred to Rebel He calls it arming of their Vassals for the defence of the Government That Bill by which they would have associated of late that I confess had it past into Act would have made Rebellion Statutable And they themselves must indeed have had the Sovereign power when they had gotten their Sovereign to suffer himself to be sworn out of his Supremacy they might well have armed their Vassals then when they had got his Majesties leave to commence Rebels and Traytors for the Protection of his Person and the Preservation of his Crown and Dignity But these humble Boons were no more than that Bill must have begged and these kind Concessions no more than was expected from the Grant of a King so Gracious a Petition that might well have been answered like that of Bathsheba's by bidding them ask the Kingdom also The Barons standing in open defiance Ibid. page 108. to the Laws tho they stood up too so much for them He calls the Peers keeping their Greatness and this is the Sovereign Power the Rebel would have them again set up for to be great in their Arms as well as Quality and demand with the Sword again the Prerogative of their Kings and the grant of the Regalia which in their preposterous Appellations was abused with the pretence of priviledge and right and which the force of the Field can soon make of the greatest Usurpation and wrong But in the very next Page 't is 109. expounded clearly what has may and must be done in such Conjunctions that is to your Arms. He tells us after they had obtained the framing of their Charters and I think they were as much as the most condescending Monarchs could grant or the most mutinous malecontents require Then arose another grievance unseen and unprovided for This was the Intermission of Parliaments which could not be called but by the Prince and he not doing it they ceast for some years to be Assembled if this had not been speedily remedied The provoking Rebel for certainly he is as much so that Animates a Rebellion as he that is actually engaged in it and is by Law so declared tells us the Barons must have put on their Armour again and 25. Ed. 3. Plat. pag. 109. the brisk Assertors of their Rights not have acquiesc'd in this Omission that ruined the Foundations of the Government After all the kind Concessions of the Prince the putting him upon that which was the taking away of the very remains of Royalty puts me in mind of one of our late Expressions of a popular Representative that could declare in open Assembly as attested by some of the very Members of it that tho this their Bill of Exclusion were past which was more we see than the most mildest Monarch could grant or even our House of Peers sure the better part of our Nation could in Modesty require yet still there was more work to be done and a Reformation to be made in the Church as well as the State The Patriot was prepared to lanch out in such kind of Extravagancies and told the truth of the Plot before his time had not calmer Heads interposed and cool'd his hot one into common Sense Several of the Speeches spoken in Parliament for which its Publisher deserves to be Pillor'd if not Authentick and True and brought before them on his Knees at least for his Presumption if they are it being here as Criminal to Print Truths at all times without an Imprimatur as 't is to tell it without leave even in several of those Speeches Publisht in that Paper I reflected on in the beginning where the Pedantick Author has exposed me in the Tail of his History that lookt like the Narrative of a Rump History of the Association Printed by Janeway there are as bold Expressions of
has for the Church the dulness of his Sense and Stile betrays his very dissenting from it and his Ignorance the best Evidence of his Nonconformity 't is the best Argument of his absurdity to talk of their want of being well Educated who have such Seminaries so well endowed for a learned and liberal Education Tho' I confess they want your Lobbs Ferguson and Casteers for their Tutors and are not trained up into Treason from their youth and pampered into Faction with their Food But for their Disposition to Cruelty so far from Truth that it is only an elaborate task he takes to give himself the Lye With what Mildness and Moderation have some of our Divines of late controverted the debates enough to have melted He Tygers while their own Party had no more Commiseration than those Milk Saw like so many sharp sighted Linces the Depredations of the Wolf the worrying of the Sheep while still their attempts were on the true Guardians of the Flock His Bonner-like dispositions affirms now in plain English our Church to be Popish and is but the Counterpart of Oats his Affidavit that there 's not a Protestant Bishop in the Kingdom But if he will have true Specimens of a devout Cruelty and bloody Patterns of uncharitable Divines let him Consult the Dissenters sayings and only the single Instance of Baxter's inhumanity to a mangled Carkass when he helpt to Murder the Major for the Medal of his Majesty and wiped his Mouth in Blood to commit Sacriledg 4 Vid. vernon in the Life of Dr. Heylin I have done and that with a Fellow as full of folly as Faction and for the prefixing to his Impertinence the Parliament Speeches he shall hardly receive the thanks of the House when in some of them I shall shew he has publisht Principles of a Republick open Sedition and an implyed Plot. THE TRIUMPH OF OUR MONARCHY c. 'T IS not so long since the poor Nation was tortur'd with an intestine War that she should forget her torment when such too as reduced her to her last Convulsions and her latest gasp When also the Symptoms of a Relapse has grip'd her ever since and Sedition grumbled in her Bowels Her Body Politick so far sympathizing with the Natural that it will find another such a fit Mortal 't is but Charity to a languishing State to give the truest Judgment of her Distemper to prevent its return It has the Proverbial Authority of an undoubted Aphorism That the knowledg of a Disease beyond Hypocrates is the nearest step if not equivalent to the Cure and I know the Professors of that Art and its best Judges to rely most upon a true Crisis and are only successful in the Events of their happy Diagnosticks I have parallelled one of those Remedies our State-Mountebanks would have used for the restoring of this Politick Body with a Medecin with which our former Empericks had perfectly poysoned her and proved their gentle Dose of an Association as dangerous altogether as their Covenant and death it self The design of this ensuing Treatise is to examine all those sophisticated drugs of false Opinions and how they have been continually rectifyed and amended with right Reason and Truth the Treasonable positions of Buchanan Napthali Dolman and Milton those Epidemick and most damnable Quacks of the Kingdom have been by many and that by most elaborate pieces confuted beyond answer and reply unless from such as are as much beyond Conviction The Latter of which in spight of all his smooth Tropology the gaudy grinding of his words had his damnable Doctrines for Domestick Rebellion as Ingenuously refuted by a forreign Pen and what ever Kindness his Countrey can have for the Dust of her Native Milton I am sure 't is more obliged to Vid. also History of English and Scotch Presbytery by a French Divine the Ashes of an Alien and tho some are so much for building him his Monument I shall still much more reverence the Memory of Salmasius 'T is a little Prodigious that Persons not so much as allyed to the Clime should have such Kindness for a Government to which they are no way subjected while those that are born to obey it and have pawned their souls for Alciatus a forreign Civilian too write against the Deposition of Edward the 2d and Richard the 2d their Obedience should break the Laws of Nature and Nations for its ruin and subversion certainly it can proceed from nothing but the agreeableness of the one to the solid Foundations of Eternal Reason The other only from the Malice and Venom of those Vipers that for the production of every novel and unnatural Opinion must force their way with Blood and Wounds and that too through the very Bowels of their Damn But these forementioned Miscreants have been lately too as learnedly refuted by the Judicious Pen of his Majesties advocate in Scotland those that will chiefly fall under the Animadversion of mine shall be such as within this five years too long a Lustrum for allow'd Treason have retrived those Doctrines for Truth in so little time and with Impunity that will remain false to all Eternity and have been Condemned by all ages I shall take them in their Order as they have Printed Publisht and Practised Treason They shall take their turn with me as they ought at Tyburn when by Justice overtaken where they ought to have the aim of their Ambition in their end where every ones more forward Rebellion should have given him his more timely preferment and by his vilany be entitled to precedency Tho' the Title insinuates their Plots should be first treated on and the Rebels come first upon the Stage that serves rather for the runnings of the words than the Reason of the Work and though the Stile of the first Page may seem to promise the rest shall be proposterous I shall take Care the method shall be more Natural and first we shall begin with the Principles of our late Republicans as the productions of the Plots of Rebells the result of which has been verifyed beyond the Reason of Philosophy and the Effects of necessary Agents do not more naturally follow the Cause and will all along Demonstrate as clear as Euclid how the one has been always baffled by Reason the other continually blasted by Providence The number of all our most Licentious and Libellous Authors who can pretend to merit Animadversion for the rest are innumerable whose Pestilent Pens do most provoke it whose Papers deserve the fate of the Noble Peers and their Persons at least the Pillory I shall reduce to five the Quinque-primi as the Romans reckoned them amongst their Senators whose more virulent Essays shall give these the preeminence too amongst our Republicaus who have been absolute Monarchs of their Pens for the last Quinqennium and exercised that Tyranny over mens minds beyond what they could fear even from the worst of Government over their Bodies These five chosen
Confessor Edmunds Son only being past by because his very being was unknown and so they can only be blamed for not seeking for the right Heir among the supposed Dead Yet when this Edward had found him out he designed both him Vid. Baker Vid. Stow says they did him wrong and always it occasion'd civil War and his Son Atheling for successive Monarchs whose very name imported Hereditary and next of kin as much as our Prince of Wales while the second Harold but usurpt upon him against the sense of the Clergy who even then lookt upon it as a Violation of the Right of the Heir and also of their Holy Rites and tho Harald suggested that Edward had appointed him to be Crown'd Historians say that it was only to make him during the Minority of this Edgar a Regent and not an absolute King and Mat. Paris speaking of Edgar Atheling in the very first Leafe of his History in these very words says that to him belonged the Right to the Kingdom of England and if Birth could then give a Right I don't see how then or now any Power can defraud a Prince justly of his Birth-right And now we 'l begin our Remarks on the Norman Line upon which the very first words of Baker are these There were six Dukes of Normandy in France in a direct Line succeeding from Father to Son and yet this Inquisitive Monarch-maker lays his mighty stress his weighty Consideration on the single Suggestion of Duke William's being a reputative Bastard be it so have we not here the Majority of six to one that succeeded Lineally Legitimately and is not these then like all the rest of their Objections against the Government rather industrious Cavil then real Argument or allowing it still is it not most impertinently applyed to his present purpose to tell us that William the Conqueror was himself Illegitimate and yet succeeded his Father in the Dutchy of Normandy And therefore must we have another Natural and Illegitimate Duke to wear the Crown of England or was the Suggestion only made because they had such a Duke in Readiness that had already run the Popular Gantlet of Ambition and been sooth'd into the Prospect of a Scepter with the false Tongues of Flatterers and Sycophants or else was the Nomination of the Normans to supersede the Fundamental Laws of our Nation And our England a Dependent a Tributary to that Crown before the Conquest these Paradoxes must be reconciled by Miracle before such a ridiculous Instance can pass for Reason or Common Sense or vindicate the false suggester from Folly and Impertinence But even here too his very Assertion fails him and this Pretender to Truth both abuses his Reader with false Application and telling a Lye For this Duke William tho' a Bastard Born was not illegitimated so as to be barred the Crown and incapacitated for Inheritance for it appears as Baker says by many Examples that Bastardy was then no Bar to Succession and by the Canon and the Law of the Church that then obtain'd the Children born before Wedlock were de facto truly legitimated if he afterward espoused his Concubine and this his Factious Assistant Hunt himself allows when the Vid. Postscript p. 53. 55. Wretch endeavoured to Bastardize the Progenitors of his Sovereign and this many Writers say was the very Case of our Duke William whose Father took his Mother Arlotte to Wife afterward The Donation to William Rufus was again clearly Testimentary which might be allowed sure to a Conqueror whose will only gave what his Sword had gotten but however as I observed above in the Westminster and Malembsbury Stow. p. 124. Legatory Disposition of Canutus the Dane where he gave his conquered Kingdom to his Youngest and Norway his Paternal Right to Swayn his Eldest to whom 't was most due so here this Third Conqueror Daniel says he obtained it according to his Fathers will pag. 44. of Old Britain observ'd the same sort of Bequest and left Normandy his Fathers Inheritance and his own to Robert to whom it appertain'd in Reason and Right both these Instances no small Demonstration shewing how the Precedency of Blood even in those days obtained and with those too whom our Factious Innovator would have not to value it for their giving to any Son besides their Eldest what was theirs by Arms is no more than what we our selves do now by Laws and tho the Fewds now obtain and Entailments yet still what 's our own by purchase is unconfined and not ty'd to descend by Primogeniture but at an arbitrary Disposition of the Lord and Purchaser and which is commonly disposed of too by the Father to some of the Younger Sons and a Conqueror that purchases all by Blood and Wounds must needs be allowed as much Liberty as the Miser that obtains it by his Wealth or a Land Pedler that buyes his purchase for a Penny But tho this might be a warrantable Donation yet you may observe as if the donor had not been in it altogether Just so it never at all prospered with the Donee the very Gift it self like Pandora's Box was most fatal to those that received it a Vice like Virtue is oft a Punishment to it self as that other a reward the not suffering the Crown to descend by entail entailed what was worse a War and both Brothers assault the Testamentary Usurper at once as looking upon it notwithstanding the specious pretext of a Will but a plain wrong and where this prejudiced Historian makes this Rufus to rely on the consent of the Nobles for the Confirmation of his Fathers Will 't is evident he only called them together that by Largesses and Corruptions fair Words and Promises he might win them from assisting his Brother Robert whose Right he feared notwithstanding the advantage he had by his Fathers Will might make the Game that he had to play more than even or give Robert the better by their deserting this Rufus And that notwithstanding all his Artifices they did and Odo Bishop of Bayeux leads the dance and notwithstanding says Paris that he was their Mat. Paris An. 1088. last Edition London crown'd King their sworn King and they must be perjur'd for it they raised a War against their King William and set up Robert the First-Born for their King all declaring the Right belonged to him and this the Opinion of several of the Nobility Lords Spiritual and Temporal Persons alway I fancy qualified to recognise a Right if Religious or Lay-Judges could decide it and so well assured were they of the goodness of the Cause that they Veruntamen postea Nobiles fere omnes c. conspired for it rebelled and were banisht for it success not always attending a good Title no more than it can Justify a bad And at the last the most unfortunate end of this Testamentary Prince may serve somewhat at least to discourage the Religious from invading of a Right tho it may not
not as much an Invader as his Grandfather the Conqueror only that came from Normandy this out of Boleign that was forct to fight first with Harold an hardy Foe this his Invasion facilitated by the Weakness of a Woman but as weak as she was He knew her Title to be strong and as strong as this Author would have him with the People yet he found himself too weak only with the pretence of his Election to defend his Vsurpation found an Army of Flemmings would give him a better Title to the Crown than all this Power of Parliament to the Peopledom and that a good Garrison would hold out longer in his defence than our Authors House of Commons and in truth his being so good a Souldier would not suffer him to be long a precarious King an hundred thousand Pound of the good old Kings Treasure did him more good than all their suffrages it brought Men and Arms out of Britany and Flanders and built so many Castles for those sort of Monarch-makers till the whole Kingdom seemed all over but one CITADEL and all its Government but an entire Garrison Yet as secure as he thought himself Exarserat namque rabies tanta contra eum ut pene ab omnibus quateretur ibid. Paris both in Subjects and his Strength the prevalency of Right and Justice soon encompast him with as many Dangers His Nobility begin to be incensed â—â—â—inst him and that out of a sence of his having injured an Heir The provok't Empress Lands with a strong party and her presence soon proclaimed the Justice of her Cause and made that Oath they had swallowed for her without any Operation or Effect to work now as strongly a pitcht Battle and a fierce one too is fought his Souldiers forsook him at last as well as his People and he forc't to fight so desperately for a cause that was ever as desperate till himself is taken a Prisoner by her from whom he took the Crown and tho she brought a War for her Right was received peaceably entered Her Capital City in Triumph and by her Loyal Londoners welcom'd with Acclamation and Joy And pray what was the Consequence now of this debarred Right but what always attends it BLOOD the Scots had with a Savage sort of a Revenge shed some for her before she spilt a great deal before she came to this and before the ground which had drunk so much Gore could be said to be dry at Winchester 't is moistened with a fresh supply and that too with a War of Women MATIL'D the Queen invades Maud the Empress the worst cause as it is wont prevails best and here the Right Heir is again driven from the enjoyment of her Right by that which commonly does it the SWORD and then at last after all the various events Mat. Paris Justitia de Caelo prospiciente of WAR which whatever the Fortune be must still end in the loss of Lives that Just Astraea which then too seemed to have left the Earth and upon it nothing but wrong look't down from Heaven Henrici jus Haereditarium recognovit Paris his own Words 1153. this fierce King in fuller Assembly than in what he was chose acknowledges that Hereditary Right against which he had fought and Henry in the Right of his Mother Maud to be the Lawful Successor And one would think now this succeeding Monarch's Right should have been allowed Hereditary beyond dispute beyond Contradiction when so much Blood had been spilt in the Defence of it when acknowledged so by this Popular Advocates own People and before them owned too by him that had interrupted the Succession and excluded the Right and Lawful Heir But what cannot Malice suggest or Faction invent till this transport against Government this rage of Rebellion suspends the calm Operations of the Soul and the dictates of common Sense till it hurry these blind Pretenders to verity into the greatest falsehoods transports them into perfect Lyes and Absurdities and to labour even against the Contradictions of Truth and Reason Here he still impudently tells us against plain matter of Fact the Confessions of his own Creatures the People and the Acknowledgment of his own Favourite the Vsurper That in all these Transactions there was no Consideration of any Right but what universal consent conferr'd And his Exception to our Henry the Second's Right must also now result from his Mother Mawds Title before I am glad we can get him to tolerate any such thing as Title at all but I would ask this Gentleman if he has any thing to dispose of whether he might not cedere de bonis as the Civilians in another Case Phrase it only for the letting his Successor and Heir Inherit it or whether upon such a Cession or making it over his Son should not succeed into this Patrimony till he had knockt his bountiful Father in the head or he was pleased to step aside into the next World to let his Successor have more Room in this I fancy he would be glad such a Resignation might pass without an Attournment of his LIFE too Maud the Empress was sufficiently pleased only with the Succession of her Son and as Writers say quitted her Title too which was apparently acknowledged in letting him succeed Is the Mothers Right ever the less when the Son does succeed in her Right and is there no Difference between altering a Succession and a refusing to succeed Matt. Paris makes her live thirty years after Stephen's Death time enough to have resented her wrong if she thought she had sustein'd an Interruption of her Right and she must be supposed to be willing to consent to those Conditions of peace being all concluded with her privity and she having suffered sufficiently with a troublesom War in England went over to Normandy for Peace This Henry knowing his Right to the Crown was resolved to secure the same Right of Succession to his Son and this Vid. Baker p. 48. Stow p. 146 very endeavour for a Lawful and a Lineal discent does this perverse Author turn into an Argument for Election and because he only called his Barons Bishops and Abbots to let them know he would have him to be secured his Successor by making him a Copartner in the Government and to prevent his being wronged after his Death was resolved to see him enjoy part of his Right in his Life therefore from these fine Premises he draws this Illogical Conclusion that he was elected by their Consent and when from Gervas himself whom he Cites it appears they were by the Kings express Command call'd to his Coronation and Paris says 't was at his Summons they came to Crown his Son and by his Fathers own bidding and if this Ad Mandatum Regis Patre jubente Paris 1170. solemnity shall make our Crown Elective since the Conquest we have had none Hereditary and our Kings must never suffer any Nobles or Commons at their Coronation for fear of
the sole Subject of the Bill in an Attainder it is by Consequence and Common Law prevented and so the disability being but the same in both the defects by the same means may and must be purged The president the Judges cite to justify 1. H. 7. f. 4. B. Town dit que le Roy H. 6. en son readeptiondel reign tant son Parlia il fuit atteint ne fuit Reverse Al auter Justice dise que il ne fuit atteint mes disable de son Crown c. dise que eo facto que ill prist sur luy le Royal dignity que tout il fuit Void this their Opinion is not only applicable to their Case for which 't was cited but much more so to the very project of Exclusion which I 'll prove too from this Sophisters own reasoning It is the Case of Henry the Sixth who by Act of Parliament was Disabl'd to hold the Crown which was as particular an Act for the depriving him of his presum'd right as this their Excluding Bill would have been of an unquestionable one Town one of the Justices that debated and argued this point vouch't this H. 6. Case as an Attainder but was Corrected by the rest and told that he was not attainted but Disabled to hold the Crown but even that that was void assoon as he came again to wear it and seem to conclude that then à fortiori that an Attaindere would be purg'd away by the Descent and sure if this was then Law and that even for the Line of Lancaster who had Defects of Title to be purg'd besides of tainted blood 'T is strange to me why a York now and such an one too in whom both those so long disputed Titles Terminate and Concenter should be Disabl'd for ever by that Expedient which was resolv'd unable to prevent the Succession so long agon For Argument that an Attainder hinders the Crowns Discent has this presumptious Interpreter of the Law brought the most impertinent piece of Application that the defect of sense could suggest and so has as little reason as Truth to tell us that this Judges Resolution Brief Hist page 7. on Attainder is not to the present purpose pertinent for that a discent is insufficient to purge attainted Blood he cites the Sense of the King of France and the Learned advice that was given him to send his Son Lewis Because King John's Blood was corrupted but he might as well have told us because John is said to make over his Kingdom to the Moor we are all now Subjects to the King of Morocco the true reason of the French mans sending of his Son is what will at any time incapacitate the Crowns Discent and that is the Rebellion of the Subjects and yet those very Barons that Rebell'd never insisted on his corruption of Blood never made it so much as a Plea for their Rebellious Insurrection nay themselves thought him so far from being disabl'd by it that they prefer'd him even to the very right Blood which was incorrupted in his Nephew Arthur but allowing it then Law this resolution that such Corruption is purg'd was made long since and must now be as Legal tho the Contrary before had been never so much Law so that here he has only taken the pains to be impertinent and that too for the telling of a Lye But as his Villanous heart had falsely forg'd before that the Learned in King John's time invited Lewis over only because they thought his Attainder had incapacitated him to take the Crown when all the while they made nothing but their Magna Charta and their priviledges the pretence for their Rebellion and would have been certainly glad of such a suggestion when they were so well Resolv'd to Rebel tho I look upon this Inviting in of the French-man rather as a Retribution of a Remarkable Providence that retaliated on his head the same sufferance from his Rebel Subjects which his Soveraign and own Father had suffered from himself as Rebellious a Son who sided against Henry the Second with Philip of France the Successor of a Lewis as these did with a Lewis a Philips Successor With the same falsehood and forgery would he have the world believe that the Line of Lancaster was so long approv'd only because that of Yorks was Attainted which when purg'd in Parliament he says they then presently forsook the Lancastrian But if he pleases to Consult my Lord Bacon he 'l find that Learned Historian History H. 7 tell him another tale and that the Lancaster Line was always the less esteem'd by the people and how the Parliament could purge the Duke of York only by declaring him Heir Apparent I cannot apprehend for whatever can be warrantably past by a Parliament to warrant Obedience must be what is past into an Act too unless one of their Order'd and Resolv'd shall resolve it self into a Law for such a Statute must tho it were for the declaring an Heir Apparent to the Crown have the Royal Sanction of some Lawful King which could never be Consistent here with this their most inconsistent Declaration for the granting the Duke of York to be their Heir Apparent in the same Breath pronounc'd Henry the Sixth an Usurper and the very words that declar'd York an Apparent Heir made him de facto their Lawful King for they must either allow that he was the Crowns Heir and then that had devolv'd to him long before by Blood and Inheritance from Lionel Duke of Clarence Elder Brother to John of Gaunt from whom the Lancasters claimed or else they declared their Lineal Lawful King an Intruaers Vsurpers Heir it is an unavoidable Dilemma if the first then an acknowledgment of an irreparable wrong done to their Lineal Soveraign that had an unquestionable right if the Latter then most absur'd and contradictory in making him an Heir to the Crown from that Henry that himself never had the least Title to the wearing it From whence I conclude that any such supposed Act and it must be allowed that if not an Act that then it signified nothing too that purged Richard Duke of York from his Attainder could never have the Royal Assent unless most absurdly from one that was no King for either it must be past by Henry the sixth and then the thing he past un-King'd him or else by the Duke the declar'd Heir and then but a suppos'd Subject in the very Declaration or rather a Lawful and allow'd King in admitting him to pass a Bill and so superseded such a superfluous and Declaratory Act. Lastly even in this very point the Seditious Author supersedes the pains of any Loyal pen for the Confutation of the false Position he would prove and in the very same Paragraph baffles himself to prevent an Answer and tells us that Richard Duke of York 's Corruption was purg'd when declar'd Heir Apparent by Brief History p. 17. the Parliament and that therefore the People
jure must be Kings they know the first of James declares his Royal Office an Heritage Inherent in the very Blood of him 1. Jacob. and also that all our Books of Law besides the Fundamental Constitution of the Land do make the Regal Power Hereditary and not Elective and such an Elected Usurpers Laws can no further oblige the Subjects of England then they they 'l submit no more then the Czars of Muscovy a pecuniary mulct must be but a bare oppression and a Capital Punishment MURDER But Will. Prynn I Pryn's That the Parliament and Kingdom are the Sovereign power a piece Printed by Order of the house of Commons Confess in another of his Treatises that he Printed will have all such Acts made by Consent of Vsurping Kings bind the right Heirs of the Crown that Reign by a just Title That all such Acts oblige them is utterly false for one of them is commonly for their Exclusion but that some are admitted to bind is as really True but that is rather upon a Political account of their being serviceable to the Publick and the Country's Good And is it not now an unaccountable boldness that the very same Cases of Usurpers upon the Crown that this Indefatigable piece of Faction publish't against the Father they fought and Murder'd should be retrieved against the Son whom the kind Heavens ev'n by Miracle so lately restor'd But at last allowing those palpable falsehoods they so much Labour for falsehoods so gross that they can be felt to be matter of Fact contradict the true sense of all Chronicle with a Seditious Supposition to be secur'd of Truth give all the Laws of the Land the Lye raze Rolls and Records the better to rise a Rebellion and grant the Kings of England have been all Elected all almost from that Union of the Heptarchy in the Saxon to that of our three Kingdoms in the Scot and sure no Soul living can conclude with them in afairer Concession than in granting the very Postulate they require yet since they then in the End of K. James tho but so lately had settled the Succession and made it Hereditary can with men of Common sense the Presidents of its having been formerly Elective prevail for an utter Subversion of such a Settlement Popery was once in England by Law Establish't and must it therefore again be Establish't by Law Certainly all succeeding Reformation must null and abolish that from which they Reform and a Repealing Act will hardly be made Declaratory of the very Statute it Repeals if these be but their best Arguments the same you see will reason us back into the very Religion of Rome we have seen several Rebellions and some even of late to have lain the Land in Blood and can such sad Sufferance be made to Prescribe for our Misery warrant some such as Bloody to succeed but since all this suppos'd suggestion must vanish like to soft Air since the Succession has been settled for so many several ages to rake every musty Record only for a sad Review of some Time of Confusion is certainly but an Impious Industry to Confound the work of the very God of Order We may as well be discontented at the Frame of his World he so well digested and plead for Prescription the Primitive Chaos CHAP. II. Remarks upon Plato Redivivus THE best Animadversion that I can make on his whole first days Discourse is that it wants none that it's Impertinence has superseded reproof and the fulsome flattering Dialogue as unsit for a serious Answer as a Farce for a Refutation out of a Sermon The great acquaintance these pretending Platonicks would be thought to have with that Sect of Philosophers did not oblige them to be so morosely reserv'd as to know none other and they may remember an Ephesian Sophy I believe as Learned too in his Politicks that was never so much tickl'd as when he saw the dull Animal mumbling of the cross-grain'd unpalatable Thistle the disputing against the Laws of the Land and the Light of Reason they 'l find as uneasie as absurd and the latter as Impious and Profane and which deserves to be assimulated to a more serious sort of Obstinacy that of so many Sauls kicking against the Pricks but the Pleasant and Ridiculous Disputants put in for another pretty Quality of that insensible Brute the length of their sordid and stupid Flattery outdoes their Original Beast and the sad Sophister would force one Smile more to see three of the same sort of Creatures for a whole day clawing one another Certainly whatever they fancy the Dialogues of Plato whatever the Favourers of his Principles can suggest surely they were never fill'd with such Fustian But that good old Philosopher did as plainly cloath his Disputes as well as himself in an honest homely Drugget of Athens Tho I confess they tell us of his rich Bed and his affectation of State which a Soul so sublime could not but Contemn while these Sectaries are such refin'd Academicks so much polish't with Travel and the breeding of the Times That all the Fops of France the Dons of Spain his Adulano of Italy seem melted down into one Mass of Impertinence they can't pass by the thin Apartments of a Page without a Congee Bon-Grace and a formal Salutation upon one anothers Excellencies the Doctor claws the Patient with his Lenitives Frications Emollients of Praise and Adulation and the Patient who in the literal sence must be said to suffer with such a Doctor if not in Body Natural I am sure in the Politick as in Cordial Affection and Common Civility he is obliged returns him the reputation of his Book De Corde for the tickling the very Auricula's of his Heart for Praise must certainly be Pleasant for an Aesculapius that sets up for a Matchiavel confutes Solomon and the Bible as he says for saying the Heart is unsearchable tho but Vid. Argument to the Book an Ordinary Divine without the Criticks Tremellius or a Munster would say that in the Text there is nothing meant but the mind But Cor hominis must not be Inscrutabile now only because the Doctor has handl'd its fibres and thus this Triumvirate of Fulsomness and Faction treat one another with their Fustian and Foppery through the whole piece I seldom care to lard our English with the least scrap of Latin but because 't is the property of such pedantick Scriblers who still most affect what is most ridiculous Foppery and Folly I 'll only give them an Argument out of the Mathematicks fora Demonstration of their agreeable Faction and Foolishness and for his Cor hominis as it relates to this Doctors Pharmacentria let him take one of Euclid's Postulates that has a greater reference to their mighty Three In English thus and if they will have Lattin Quae conveniunt uno Tertio conveniunt inter sâ— 'tis in the Margin Those that agree in one Third must needs agree among themselves The Venetian
Actually done it were de Facto void besides if the Subject was freed in that Case it would be the result of the Soveraigns Act. they must suppose him at the same time as simple as themselves that suggest it and could they give us but a single Instance or force upon us any President all they would get by it is this That as their supposition was without sense so their Application would be nothing to the purpose for such a matter of Fact of their Kings would make him de Facto none at all I know they can tell us of one of our ‖ That alienation of King John was suppos'd to have been an Act of State and it has been adjudg'd particularly by particular Parliaments That even a Statute for that purpose made would be of no force It was resolv'd so â—n Scotland too own that lies under that Imputation of making over his to the Moor And of others that in the time of the Popes Supremacy resign'd themselves with submission to the Holy See for the first the most Authentick Historians not so much as mention it and were it truly matter of Fact that King had really no thing to resign for the Republicans of those times were the good Barons that Rebel'd and had seated themselves in a sort of Aristocracy before in short if it were solemnly done it would look like the Act of a Lunatick if not at all as is much more likely their Historians Labour in a lye and for the other we never had a Soveraign that Submitted the Power of his Temporal Government of the state to the Pope's See but only as it related to the Spiritual Administration of the Affairs of the Church and the Religion of the Times These sort of Suppositions have so much Nonsense in them especially when apply'd to Human Creatures and more then when to Monarchs that have commonly from Birth and Education more Sense than common Mortals that there is not so much as a Natural Brute but will use what he can manage as his own with all imaginable Care and Discretion How tender and fond are the most stupid Animals how do they most affectionately express that paternal Love for the Preservation of their little Young how abundantly do they Evidence that Natural * Posts C. p. 113. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with which Mr. Hunt gives us such a deal of impertinent disturbance and why cannot the King of a Country whom the Civil and Imperial Sanctions represent as the ‖ Princeps Pater patriae est D. 1. 4. 1. Atrocius est Patriae parentem quam suum occi dere Cicero in Philip 2d Father of it too be supposed to retain as much a paternal Care for its Conservation we do not find even in that their Free-State of Nature or that Common-wealth of Wars the Republick of unruly Beasts where there is the least Relation or resemblance tho perhaps they have power and opportunity that they delight to devour and destroy and much less do they covet the ruin of that from which they can reap somewhat of Advantage by its Preservation why then should we fancy Human beings and the best of Mankind Monarchs themselves whom th' Almighty has made * I 've said yee are Gods Psalms Gods too to be guilty of so much Madness and Inhumanity Where do we find the worst of Fools designedly to destroy their Patrimony though many times through Ignorance they may waste them and that tho there were no Laws to terrifie them from turning Bankrupts or punishing them for Beggers when they have embezell'd their Substance Away then Malicious Miscreants with such sordid Insinuation such silly Suggestions against your own Soveraigns which your selves no more believe them likely to be guilty of than that they would set Fiâ—e to all their Palaces and Sacrifice themselves and Successors in the Flames But to Return to our Argument they 'll tell us perhaps What signify the Sanctions of the Imperial Laws and the Constitutions of an Absolute Empire to a Common-wealth or a Council of three States that are Co-ordinate or at most but a Monarchy Limded and mixt and where whatever power the Supream Magistrate has must have been first Confer'd upon him by the People where the Parliaments have a great part of the Legislative and their Soveraign in some sense but a Precarious Prerogative what signifies the Authority of a Britton or a Bracton whose very works by this time are superannuated who wrote perhaps when we had no Parliaments at all at least ∥ none such as now * Hunt allows that himself posts p. 95. Constituted I won't insist upon in answer to all this to show the Excellency of the Civil Institutions that obtain o're all Nations that are but Civiliz'd I wont prove to them because already done That we don't Consist of three States Co-ordinate in the Legislative or that our Monarchy is Absolute and not mixt as I shortly may But yet I 'll observe to them here †Postquam populus Romanus Lege Regiâ in principem omne suum Imperium potestatem solum Contulit ex illâ non sub diti sed etiam Magistratus ipsi subâ—iciuntur Zouch Elem. p. 101. That the Romans themselves tho by what they call'd their Royal Law they look't upon the power of the Prince to be conferr'd upon them by the people yet after it was once so transferr'd they apprehended all their right of Judging and Punishing was past too And for their vilifying these Antient Authors and Sages of Law who did they Favour these Demagoges would be with them of great Authority and as mightyly searcht into and sifted Should I grant them they were utterly obsolete and fit only for Hat-cases and Close-stools that they both writ before the Commons came in play for their further satisfaction I 'll cite the same from latter Laws not two hundred years old and that our selves will say was since their Burgesses began And therefore to please if possible these Implacable Republicans I 'll demonstrate what I 've undertaken to defend from the several Modern Declarations of our Law For in * Edward the 3d. Edward the Third's it was resolv'd that the King could not be Judged And why because he has no Peer in his Land and 't is provided by the very first Sanctions of our Establisht Laws by the great ‖ Magn. Chart. cap. 29. No Freeman will we Imprison or Condemn but by Lawful Judgment of his Peers Per parium juorum Legale Judicium And my Lord Coke tells us they are to be understood of Peers of the Realm only when a Peer is to be try'd Comment upon the very words 2. Inst which he more fully explains in 's Comment on the 14. Chap. of Char. where he says pares is by his Peers or Equals for as the Nobles are understood by that word to be all equal so are all the Commons too ib. p. 29. Where note the form of this very Charter
his beloved Low-Countries laboring under a Magistracy that Lords it with as much Power as that from which they were delivered For this his Original Power of the People must be as much delegated to those that govern there as well as it is inherent in any sole Soveraign that is the Governor neither are any besides the best of their Burghers admitted to Administration so that even that State that comes nearest to a Common-wealth is at last but a sort of Aristocracy which their Harrington condems Ocâ—anâ— for worse than Monarchy it self And I believe their Commons find the Impositions of their Burgo-Masters as great and as grievous as ever were the Gabels of Spain So from what has been premis'd this must be concluded that since we see they can't punish or Judge even their own Representatives only their Suffragans in an house of Commons when they have delegated to them their Original power which for once we 'l suppose them able to delegate much less shall they their Soveraign tho they did as they will have it confer upon him the power that he has for the Members of the lower House represent only the Commons of the Kingdom whereas the Soveraign is in some Sense the whole Kingdoms Representative Since we have seen this Original Power of the People wheresoever it has been delegated to have created nothing but Usurpation and wrong where can this Power be better plac'd but in the King that can alone pretend to a Right and tho we are so unhappy as to have presidents wherein they can prove to us that their Representatives were once call'd to an Account by the People that sent them that is so far from proving that they have a natural or Original right so to do that it shows the danger of such a position that they may do it and that when in the late Rebellion they presum'd upon this their Right in Equity they made it appear to be nothing else but the power of the Sword for in respect of a Right they are really so far from being able to censure their Representatives whom they send that themselves are punishable for medling in those Parliamentary concerns with which they have enâ—rusted others What force this has in the Case of their Commons holds a Fortiori in that of their King In the last place give me leave to close this their Rebellious Argument of their Monarch being accountable to the Majesty of the people with some few more Reasons against this Damnable Doctrine that has within the Memory of man desolated and destroy'd three Kingdoms A Doctrine that confounded us in the last confus'd us in this and will be Condemn'd by all Ages A Doctrine that places the Divine right in the People and then indeed such an one as Mr. Hunt makes it Impious Sacrilegious * H. posts p. 68. Treasonable Destructive of Peace Pregnant with Wars and what absolutely produc'd the Civil one of England and Sacrific'd its Soveraign Head to the Fury of an ‖ Sidney's Tryal p. 24. Headless Multitude This Principle is the very Basis upon which all their Babel of Confusion of a Common-wealth of Anarchy is all Built and Establisht And I shall never look upon it as loss to have Labour'd in it so long if we can at last but undermine its very Foundation And that is laid even by the Libel of Mr. Sid. upon the Contract and Condition upon which they 'll suppose he receiv'd the Crown which he must be made to renounce if he does not Perform when Accepted And in answer to this we 'll suppose for once what the most Seditious Souls themselves can suggest and that this part of the Rebellious position abounds both with Sense Truth and Reason that our Kings have but a Conditional bargain of it which indeed would be but a bad one too and such I dare Swear as the Greatness of our present Soveraigns Soul would hardly submit to and if we 'll but believe his own word as firm as fate that never fail'd his Friends and surely will not then be first violated for a debasing of himself and a gratifying of his Foes that has told us or decreed that he will not suffer his Government and his Crown to be His Majesties Speech 22. May 85. p. 5. Precarious And I am apt to think that the that stemn'd the Tide the fierce influx of Blood and Rebellion as well as without a Metaphor withstood the noise of many Waters and baffl'd the Billows of â—he main will hardly when Seated at â—ast in a Peaceful Throne be regardless of it's ‖ Ibid p. 4. Right and Prerogative which even his meritorious sufferings have deserv'd should we bate his Virtue and Birth were not in the Ballance And 't is much unlikely that he that kept his Grandeur when a Duke of York should dwindle into that of Venice and thâ—â— too when a King of Great Britain ' Tâ—â— their Doeg I confess that accepts upoâ— Condition 't is their Duke with whoâ— they do Contract our Crown as I havâ— shown has been resolv'd an Imperial one from the Letter of its own Laws anâ— the very Statutes of the Land Theiâ— from the very Constitution it self Subject to the Senate Ours from its Foundation RESOLV'D not to be Precarious as well as now too from the Resolâ—tion of its Prince But in answer to this position of ouâ— Republicans I shall depone this as â— principle that notwithstanding such â— Contract upon Conferring the Supremacy the same cannot be Dissolv'd eveâ— by the Consent of all those that Constituted it I wont repeat to them thâ— Reason I have already urg'd from the * Rex Legia Royal Law of the Romans which one of their very Republicans says was noâ—-without ‖ Certis tamen Limitibus nec sine Exceptione probata jure Magist Quest 6. Condition or Limitation which if so then we see that both Augâ—â—tus for whose Establishment in the fiâ—â— true Imperial Throne of their Rebellioâ— Rome that very Law was first founded as also the Emperor Vespasian for whom it was again Confirm'd both these from all the Famous Historians of their Times unless we 'll believe them like the late Writers of the new Rome to be all Legends too both appear'd absolute in their power unlimited in their Jurisdiction notwithstanding those Conditions they will have Exprest in that Law neither did the People pretend to their deposition upon their Non performance Julius himself that was not absolutely prefer'd to be the Royal Emperor for he liv'd before that Law was made yet was allowed such a perpetual Dictatorship as may be well resolv'd into what our Republicans reproach with their present Soveraign an Arbitrary Power And he too whom the Miscreant we before mention'd says was ‖ Jure Occisus qd nimis Multas dignitates cumulasset ibid. p. 38. justly Murdered and why only because he dignify'd himself too much as if it were a Crime for a King to be
Womb as being she that ‖ Pater is est quem nuptiae demonstrant D. 2. 4 5. determines it to such a Father as she that has commonly the sole care and concern of its Education till it is grown more Adult and fit for to be form'd into manmers by the Management of the Father and therefore not only according to the Maxim and Sanction of the Imperial Law not only in a Civil and Political Sense the Birth is said to follow the Belly but it holds good even in the State of Nature Partus sequitur ventram and even in the literal Sense visible among Beasts But that which gives the Father a double Title to the Dominion over the Child is not only his being as a Natural Agent the first Spring that gives it Life and Motion but also because the Civil Sanctions of all Kingdoms and Countries still establisht the Fathers Heads of their Families and from the Conjugal Compact that is made in Matrimony subjected the Wife to the Jurisdiction of the Husband so that whatever power and Right belongs to her over her Infant is like the acquest that acrues to a Servant or a Son which the Civil Law and our own ‖ Quicquid acquirit filius acquirit patri suo servus domino Inst 2. 9. 1. Coke Little § 172. Dr. Stud. l. 1. c. 8. Common too resolve into the Power and possession of the Master and Parent And then with what an Impertinent fury with what an insignificant Folly does the renowned Lawyer Labour and lay out his Lungs against Sir Rohert Filmer ‖ Posts p. 113. In making him a Monster and persuading Mankind to Sacrifice their Sons unto Moloch in depraving Human Nature worse than the Leviathan I confess the Furious fellow might as well fasten this upon that Loyal Persons position of a Paternal Right as they have several other propositions full of absurdity upon the Doctrine of the Divine which still have been nothing else but the durt and dust of their own raising but is it a Crime at last with some of our Rebellious Christians to become Loyal because the Leviathan whom themselves will make but an Infidel has lent them so many Lessons to learn them Obedience or is not a reproacht rather anough to make the boldest republican to blush that believes but a Deity to see a Monarchy so well maintain'd even by a Reputed Atheist if the Asserters of a paternal Right concur with him in such positions as render them good Subjects I am sure these opposers of it agree with him in every point from whence they can draw but the least countenance for Rebels These Venemous heads the Spiders of the publick that spin their Notions into Cobwebs into such fine nonsense that they cannot hang together have here also that other good Quality of that virulent Creature to suck up all the Venom and Poyson of Mr. Hobs and prey upon the very principles of his Corrupted Air and the Infectious depravations even of Human Nature his Origination of Society out of Fear his definition of Right to Consist in Power his Community in Nature his Equality in persons all the very Contradictions of himself reproaches of his Reason the Opprobriums of his Sense the Pest and Plague of the People are priz'd with our Republicans as the Philosophers and the Schools do their propofitions of Eternal truths they imbibe the Poyson and exalt improve it too they sublimate the very Mercury of Mr. Hobs and whereas he equals us only in a state of Nature our Levellers will lay us all Common under the Inclosures of a Society and the several restrictions of so many Civil Laws But to what tends this their turning all the Power of a Parent into Tyranny as if a Father could not have an Authority over his Child unless he be bound to make it his Slave as if the Chastisement of a Father could not Evidence his Supremacy over his Son unless like the Saturn of the Easterlings he Sacrifice him to the Fire and torment it in the Flame But this paternal Right of the Father must suffer by these Factious Fools from the same sort of Inferrences they bring against the Divine Right of their King which may only serve with some Loyal Hearts to confirm the great sympathy there is between them for as by the Law of Nature a Father can't be said to injure his Son so neither by those of the Land can our Soveraign wrong his Subjects For say these Seditious ones your Divinest Monarchs by that Doctrine can Hang Burn Drown all their Subjects they should put in Damn too for once since they may as well infer from it his sending them to the Devil But cannot common Sense obtain amidst these transports of Passion can they not apprehend a Father to have any paternal Authority over his Family unless he be able to Murder every Man of it the Civil Laws the municipal ones of his Land if a Member of a Society supersede such a severity and if a Patriarchal Prince must be supposed as were several of old after the deluge then the Affection of Potestas patris debet in pietate non atrocitate consistere D. 48. 9. 5. a Father And the Laws of Nature were sufficient to secure the Son or preserve the Servant from any severity but what some proportionable guilt might deserve so also did this Divine Right make the Soveraign as entirely absolute as the great Turk yet the Directive part of Decet princi pem leges servare quibus ipse solutus D. 32. 1. 24. those Civil Sanctions to which the Divinest of them all would be Subject or at least the precepts of the Divinity their God under whom they Govern that will oblig'd them both to Justice and Mercy the two great Attributes of him whom they represent But since they would make this Empire of a paternal Power so Ridiculous in Reason let us see how it has all along sounded in the Letter of the Law and if it has there neither been look'd upon as a Notion so Senseless and insignificant The most illuminated Reason of our eminent Lawyer must submit to be much in the dark The ‖ Jus autem potest tis quod in liberos habemus proprium est civilum Romanoâ—um nulli aliâ— homines talem potestatem habent Inst 1. 9. Romans from the result of their Imperial Sanctions look'd upon themselves to have such an absolute Power and Authority over their Sons and Daughters that they tell us expressly it was a peculiar Prerogative and privileg'd of the Citizens of Rome and that there was no other Nation that could Exercise such a Jurisdiction they could alienate for ever by this Power Inst lib. 21. 9. Vid. Pacii Anal. ibid. of the Parent any thing that was acquired by the Son and give it to any whom they pleas'd whereas it might have been an Argument enough of a paternal Power had they been but only usufructuaries