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<DATE>2012-11-28</DATE>
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<NAME>Susie Lorand</NAME>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE RIGHTS OF THE CROWN <HI>OF</HI> England, As it is e&s;tabli&s;hed by Law.</P>
<P>Written in the time of the Late King, By <HI>Edward Bag&s;haw</HI> E&s;quire, an Apprentice of the Common-Law.</P>
<Q LANG="lat">Ad Con&s;ervationem Jurium Coronae no&s;trae, e&ograve; nos decet &s;tudio&s;ius operam adhibere, qu&oacute; ad hoc a&s;tringimur Vin|culo Juramenti, <BIBL>Regi&s;t. fol. <HI>61.</HI> b.</BIBL></Q>
<Q LANG="lat">Antiqua Maneria Coronae annexa; Regi non licebit alie|nare: &s;ed omnis Rex Coronae &s;uae alienata revocare te|netur, <BIBL><HI>Fleta</HI> lib. <HI>1.</HI> cap. <HI>8.</HI></BIBL></Q>
<P><HI>LONDON,</HI> Printed by <HI>A. M.</HI> for <HI>Simon Miller</HI> at the Starre in S^t <HI>Pauls</HI> Church-yard, 1660.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2">
<PB REF="2">
<HEAD>TO THE KINGS MOST Excellent Maje&s;ty.</HEAD>
<OPENER><SALUTE>Mo&s;t great and mo&s;t gracious Sovereign,</SALUTE></OPENER>
<P>_D&V;ring my long Impri&s;onment in the Kings Bench and other places, for my adherence to the Cau&s;e of my late Sovereign (your mo&s;t pious Father, and Gods mo&s;t glorious Martyr) ac|counted
<PB REF="3"> at that time High Trea&s;on, and upon that &s;core I was committed Pri&s;oner to the Kings Bench, <HI>June</HI> the <HI>29^t^h 1644.</HI></P>
<P>I had then lea&s;ure to bethink my &s;elf what that Trea&s;on was; which I could not find written in Books of <HI>Law,</HI> but on Banners of <HI>Warre;</HI> not among&s;t men of the <HI>Gown,</HI> but men of the <HI>Sword:</HI> a Sword &s;harpned by them at that time for the cutting down of Monarchy and
<PB REF="3"> Hierarchy, and thereby to engro&s;s to them&s;elves the rich Crop of the Kings and Bi&s;hops Lands, which they had no po&s;&s;ibility to bring about, but by making the one <HI>Tyrannicall,</HI> the o|ther <HI>Antichri&s;tian.</HI></P>
<P>Whereupon I adventured in this my re&s;traint, to run the hazard of writing three Books: The fir&s;t de|fending the Revenues of the Church in Tythes and Glebe. The &s;econd main|taining the Doctrine, Li|turgy,
<PB REF="4"> and Di&s;cipline of the Church of <HI>England,</HI> as they were e&s;tabli&s;hed by Law. The la&s;t a&s;&s;erting the Rights of the Crown of <HI>England.</HI></P>
<P>The two former were long &s;ince Printed; this la&s;t I made ready for the Pre&s;s, and left it in the hands of Doctor <HI>Ould&s;worth</HI> for that purpo&s;e, <HI>Dedicating it to your Maje&s;ties mo&s;t Royall Father:</HI> but that &s;udden and barba|rous <HI>blow</HI> which fell upon
<PB REF="4"> him, and in him upon the whole Nation, to the a&s;to|ni&s;hment of men and An|gels, confounded the <HI>Pre&s;s,</HI> my <HI>Book,</HI> and <HI>me;</HI> a fact &s;o tran&s;cendently hor|rid and mon&s;trous, that it filled me as much with a|mazement that it could be done; as with &s;orrow that it was done.</P>
<P>This Book brought to the birth, and thus di&s;poyled of its Royall Patron, wait|ed long for the &s;upport of a Sovereign Power, and
<PB REF="5"> now humbly &s;upplicates your Princely Patronage, for &s;trength to bring forth; which in ju&s;tice your Ma|je&s;ty cannot well deny, you being as well an inheritour of your Fathers Vertues, as of his Crown: nay more, a happy re&s;torer of it when it was fallen, by your ac|ce&s;&s;ion to it the <HI>29^t^h</HI> of <HI>May</HI> la&s;t (being your birth-day) when you were received with &s;uch Gallan|try of the Nobility and Gentry, and with &s;uch ac|clamations
<PB REF="5"> and &s;houting for joy by all the people, that I who have lived to &s;ee the glory of your Royall Fa|ther and Grandfathers Reign, never &s;aw the like to that triumphant Entry, which (I fear) I &s;hould le&s;&s;en, &s;hould I attempt to de&s;cribe.</P>
<P>I am only able to liken it to the Inauguration of King <HI>Solomon;</HI> there were then &s;uch blowing of Trumpets, &s;uch piping with Flutes, &s;uch huge &s;houts of
<PB REF="6"> all the people, with God &s;ave King <HI>Solomon,</HI> that the earth <HI>rent</HI> with the &s;ound of them; and there were &s;uch rejoycings in the City of <HI>Gihon,</HI> where he was annointed King, that the City <HI>rang</HI> for joy: &s;o did the City of <HI>London,</HI> when you our <HI>Solomon</HI> entred it on that day.</P>
<P>For my own part, &s;uch was my joy, that I thought it &s;atisfaction and comfort enough, for the &s;ufferings I had undergone for above
<PB REF="6"> &s;ixteen yeares, in Body, E&s;tate, and Profe&s;&s;ion; in that God hath heard my con&s;tant Prayers for the re|&s;titution of your Maje&s;ty to your Crown; the Church of <HI>England</HI> to her Religion; the Law of <HI>England</HI> to its ancient Glory and Splen|dour; and the people of <HI>England</HI> to their <HI>Mag|na Charta</HI>-Liberties.</P>
<P>So that according to your Fathers prediction, I have &s;een you <HI>Charles le bon,</HI><NOTE PLACE="marg">&Egr;&ismogr;&kgr;&ohgr;&ngr; &Bgr;&agr;&sgr;&igr;&lgr; <HI>Sect.</HI> 27.</NOTE> and <HI>Charles le
<PB REF="7"> Grand.</HI> And I doubt not, but Almighty God who hath done &s;uch wonderfull things for you, will &s;o continue you to the end.</P>
<P>I here conclude, humbly begging leave to pray for my Lord the King, in the lan|guage of a King (your ble&s;|&s;ed Father now with God) <HI>I pray God ble&s;s you, and e&s;tabli&s;h your King|domes in Righteou&s;|ne&s;s; your Soul in true Religion; and your Honour in the
<PB REF="7"> love of God and your People.</HI> And this &s;hall ever be the Prayer of</P>
<CLOSER><SIGNED>Your mo&s;t loyall and humbly devoted Subject <HI>Edward Bag&s;haw.</HI></SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="errata">
<PB REF="8">
<HEAD>ERRATA.</HEAD>
<P>Page 7. line 18. for <HI>&amp;c.</HI> read <HI>and.</HI> p. 8. l. 16. for <HI>Recorders</HI> r. <HI>Records.</HI> p. 10. l. 14. for <HI>quellet</HI> r. <HI>avel|let.</HI> p. 22. l. 4, 5. for <HI>Queen</HI> Maries <HI>Injunctions</HI> read <HI>Queens Maje&s;ties Injunctions.</HI> p. 28. l. 4. for <HI>that King</HI> r. <HI>this King.</HI> p. 43. l. 3. for <HI>fortious Act</HI> r. <HI>tortious Act.</HI> p. 45. l. 7. read <HI>by &s;ome of the common people.</HI> p. 47. l. 21. read <HI>doth the word King intimate.</HI> p. 48. l. 19. dele <HI>&s;o.</HI></P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="8">
<HEAD>THE RIGHTS OF THE Crown of <HI>ENGLAND</HI> as it is E&s;tabli&s;hed by Law.</HEAD>
<P>_TO per&s;wade a People arm'd with a violent Sword, to cut out to them&s;elves their own Government, to embrace Monar|chy (lying under ma|ny di&s;loyall reproaches, which it hath received from <HI>Pen</HI> and <HI>Pulpit,</HI>) as the be&s;t Form of Government, to make them happy; may &s;eem rather the work of an Angel, than of a man. But yet it will be no hard matter to per&s;wade <HI>Engli&s;h</HI>
<PB N="2" REF="9"> men to <HI>embrace</HI> Monarchy, under the name and notion of the Crown of <HI>Eng|land,</HI> when it &s;hall be made apparent to them, that in the peace thereof con&s;i&s;teth their peace, and by the &s;plen|dor and maje&s;ty of the Crown, they re|ceive <HI>Ea&s;e and Ju&s;tice,</HI> the two darling delights of the People.</P>
<P>If men did but con&s;ider the glory and beauty of the Crown of <HI>England,</HI> as it is in it &s;elf, and as it &s;tands in rela|tion to the people, in tho&s;e two lovely properties of <HI>Ju&s;tice</HI> and <HI>Mercy,</HI> it would draw all hearts to love it, all hands to defend it, all pens to write for it, and all tongues to plead for it. For what is it el&s;e, but that <HI>Supream Sove|raigne power,</HI><NOTE PLACE="marg">De&s;cription.</NOTE> <HI>given by God the founder of it, to the King, and &s;o acknowledg|ed by the people; annexed by Law to the natural body of the King; and un|to it united and incorporated, for the Go|vernment of all his Subjects in peace and &s;afety, according to the Laws of the Land?</HI> This is briefly the de&s;cri|ption of it, which I will now forti|fie with &s;ome Rea&s;ons and Autho|rities.</P>
<PB N="3" REF="9">
<P>And for a more &s;uccinct proving of all the parts of this de&s;cription, I &s;hall make good the&s;e &s;ix conclu&s;ions ac|cording to Law.</P>
<P N="1">1. <HI>That the Soveraigne Power belonging to the Crown of</HI> England, <HI>is, according to the Law of the Land, gi|ven to the King by God, not by the People.</HI></P>
<P N="2">2. <HI>That it is &s;o a&s;&s;ented to by the People of</HI> England; <HI>and this their a&s;&s;ent openly de|clared by divers Acts of Par|liament.</HI></P>
<P N="3">3. <HI>That this Soveraigne Power, is by Law in&s;eparably
<PB N="4" REF="10"> and undividedly united to the naturall Body of the King, and maketh in him but one Royal Per&s;on.</HI></P>
<P N="4">4. <HI>That this Soveraigne Power is over all the Sub|jects of</HI> England, <HI>as well in a Collective Body, or Re|pre&s;entative, as over every &s;ingular Subject.</HI></P>
<P N="5">5. That this Power is given to the King, as well for the pre&s;ervation of Him|&s;elf, as for the Governement of all his People in peace and &s;afety.</P>
<P N="6"><PB N="5" REF="10">6. <HI>That this Governe|ment is to be according to the Laws of the Land, not by an Arbitrary Illegall Power.</HI></P>
<P>For the more &s;incere handling of all the&s;e, I &s;hall indeavour to avoid the&s;e two Rocks:</P>
<P>Fir&s;t, Flattery of the King, a vice which King <HI>James</HI> calls,<NOTE PLACE="marg">Ba&s;i. l Doron. <HI>lib. 2.</HI></NOTE> the <HI>pe&s;t</HI> of all <HI>Princes,</HI> and <HI>wrack</HI> of <HI>Republicks.</HI></P>
<P>Secondly, Injury of the People, (the unruly ringleader of all Sedition and Rebellion:) and truly to &s;tate the Praerogative of the King, as it relates to the liberty of the people, in joyning them together in marriage (as the Law hath joyned them) with an indi&s;&s;oluble knot.</P>
<P>Concerning the fir&s;t Conclu&s;ion; <MILESTONE N="1" UNIT="Conclu&s;."></P>
<P>Though the Law of Rea&s;on be the<NOTE N="*" PLACE="marg">D^r <HI>&amp; Stu.</HI> lib. 1. cap. 5.</NOTE> fir&s;t Ground of the Law of <HI>England,</HI> and from thence I might in&s;i&s;t upon
<PB N="6" REF="11"> that Argument mentioned by tho&s;e two Patriarks of Philo&s;ophy and Poli|cy, <HI>Plato</HI> and <HI>Ari&s;totle</HI><NOTE PLACE="marg"><HI>Plato</HI> lib. 3^o <HI>de Leg.</HI> Ari&s;to. 1^o lib. <HI>Pol.</HI> cap. 30.</NOTE> (the Ma&s;ter and the Scholler) That the chiefe&s;t per&s;on in every hou&s;hold is in nature of a King; and when numbers of Families joyned them&s;elves in civil &s;ocieties, Kings were the fir&s;t kind of Governours; and from thence inforce this Conclu&s;i|on:</P>
<P>That as the Fathers of Families have (by the con&s;ent of all Oppo&s;ites to Monarchy at this day) their Govern|ment immediately from God, &s;o have the Fathers of their Countries. But be|cau&s;e nothing hath been more tortured upon the rack than the Law of Rea|&s;on, I will only hold my &s;elf for the proof of this point, to the po&s;itive Laws of this Kingdome, from the fir&s;t Chri|&s;tian King of it, to this very day.</P>
<P>I will begin with King <HI>Lucius,</HI> who after he had received the Chri&s;tian faith almo&s;t fifteen hundred years agone, by the meanes of <HI>Eleutherius</HI> then Bi&s;hop of <HI>Rome,</HI> (the mo&s;t pious Father of the the Church then living) he writes to that Bi&s;hop to &s;end to him the <HI>Romane</HI>
<PB N="7" REF="11"> Laws (then famous over the world) whereby he might the better Governe the People of <HI>England.</HI> The good Bi&s;hop writes to him an Epi&s;tle back a|gain,<NOTE PLACE="marg">Lamb. inter. Leg. <HI>Edw.</HI></NOTE> <HI>Anno. Dom.</HI> 169 (as I find it printed among&s;t the Laws of the <HI>Saxon</HI> Kings, put forth by M^r <HI>Lambert</HI>) and &s;tiles him in that Epi&s;tle, <HI>Vicarius Dei in Regno &s;uo;</HI> Gods Vicegerent in his own Kingdome: and advi&s;eth him to reject the Laws of <HI>Cae&s;ar,</HI> and to choo&s;e a Law <HI>ex utraque pagina,</HI> from the Old and New Te&s;tament, and by that to Governe his People. Now the Laws of <HI>England</HI> are more agreeable to the Laws of God, than the Laws of any Commonwealth, <HI>Grecian, Roman,</HI> or o|ther, <HI>&amp;c.</HI> though without much diffi|culty it might be proved; yet being not to the Point I have in hand, I will pa&s;&s;e it by, and only prove this; That according to that &s;tile of <HI>Eleutherius,</HI> The Kings of <HI>England</HI> have by the Laws thereof, and by the con&s;titution of this Kingdome from that day to this, been accounted Gods immediate Lievete|nants, and to have the Supreame So|veraigne Power from God in their
<PB N="8" REF="12"> Kingdomes, and not from the Peo|ple.</P>
<P>The Laws of <HI>England</HI> from the daies of this <HI>Lucius,</HI> and the &s;ucceeding Kings, till the dayes of <HI>Edward</HI> the Confe&s;&s;or, were cut in pieces by the &s;harp Sword of Civil Warre, which continued here in <HI>England</HI> for divers hundred of years, (that of the <HI>Danes</HI> alone continuing two hundred and thir|ty,) and divided into the Laws of the <HI>Mercians,</HI> called <HI>Marchen-leg,</HI> into the Laws of the <HI>Danes,</HI><NOTE PLACE="marg"><HI>Leg. Edw.</HI> c. 1.</NOTE> called <HI>Dane-leg,</HI> and into the Laws of the We&s;t-<HI>Saxons,</HI> called <HI>We&s;t&s;axon-leg.</HI> This good King <HI>Edward,</HI> (for &s;o the Recordors of that time call him) out of the bro|ken pieces of the&s;e Laws, cho&s;e twelve of the mo&s;t learned men of the Law within the Realme, to compile one entire compleate Body of the Law, and Cu&s;tomes of the Kingdome; charging them upon an Oath, that they &s;hould performe it ju&s;tly and truely, not turning to the right hand or to the left; <HI>Nihil praetermittentes, nihil addentes, nihil mutantes,</HI> as the words of that Law are: which they did according|ly;
<PB N="9" REF="12"> and that King Enacted it to be u&s;ed commonly throughout the whole Kingdome, from whence it had the appellation of the Common Law; and not upon that ground given by a Mem|ber of the Commons-hou&s;e, in the beginning of this Parliament;<NOTE PLACE="marg">Hen. Martin.</NOTE> <HI>That Common Law was nothing, but Com|mon Rea&s;on; and therefore he &s;aw no cau&s;e why a Gentleman in a &s;hort Cloake, might not declare what was the Law of the Realme, as well as a Gentle|man of the long Robe.</HI></P>
<P>The words of my Author are the&s;e, <HI>Ex immen&s;a legum congerie, quas Brit|tani, Romani, Angli, Daci condiderunt, optima quaeque &s;elegit, ac in unam co|egit, quam vocari voluit Communem Legem.</HI> The&s;e Laws and Cu&s;tomes are &s;et down in &s;everall Chapters vul|garly called, St. <HI>Edwards</HI> Laws, which are in &s;ub&s;tance the &s;ame with our <HI>Mag|na Charta,</HI> and which the Kings of this Realme heretofore at their Corona|tion &s;wore chiefly to ob&s;erve,<NOTE PLACE="marg">Vet. N. bre. <HI>fol. 164.</HI> Juramentum Regis. Leg. Edw. <HI>c. 17.</HI></NOTE> in the&s;e words; <HI>Prae&s;ertim Leges, con&s;uetudines, &amp; libertates &agrave; glorio&s;o Rege Edwardo, clero populoque conce&s;&s;as,</HI> as it is at
<PB N="10" REF="13"> large expre&s;&s;ed in the Oath of the King at his Coronation in the <HI>M. Charta,</HI> Printed <HI>Anno. Dom.</HI> 1656. in the 17. Chapter of that Law, under the Title, <HI>de Officio Regis.</HI> The King of <HI>England</HI> is &s;tiled, as in the dayes of <HI>Lucius, Vica|rius &s;ummi Regis,</HI> the Lievtenant of the highe&s;t King. The words of the Law run thus; <HI>Rex autem quia Vica|rius &s;ummi Regis e&s;t, ad hoc e&s;t con&s;ti|tutus, ut regnum terrenum &amp; populum Domini &amp; &s;uper omnia &s;anctam Ec|cle&s;iam ejus regat, &amp; ab injurio&s;is de|fendat &amp; maleficos ab ea quellet &amp; destruat &amp; penitus di&s;perdat.</HI> The&s;e Laws are much refined by King <HI>H.</HI> 1. the Conquerours Son &s;urnamed <HI>Beau|clerke;</HI> but much more by <HI>H.</HI> 2. his grandchild, who wrote a book intitu|led, <HI>pro Republica, Leges:</HI> of which there remaines not any fragment at this day: only the book of <HI>Glanvile</HI> Lord Chief Ju&s;tice of <HI>England,</HI> and a Book called <HI>Regia Maje&s;tas,</HI> both written in King <HI>H.</HI> 2. dayes, of the Cu&s;tomes of <HI>Eng|land,</HI> do both of them make the Sove|raigne Power of the King of <HI>England</HI> to be immediately from God.</P>
<PB N="11" REF="13">
<P>King <HI>H.</HI> 2. compiled al&s;o an other Book, called <HI>Statuta Regalia,</HI> which to the puni&s;hment of this Kingdome was unhappily lo&s;t. For by want of &s;et|ting down the particular Rights of the Crowne, chiefly in the Laws of the Forre&s;t, mo&s;t grievous to the Subject, and over liberall to the Crown, by rea|&s;on of tho&s;e great affore&s;tations made by him&s;elf and his two Sonnes, <HI>Rich.</HI> 1. and King <HI>John,</HI> grew tho&s;e long blou|dy and rebellious Warres (for &s;o do Hi&s;torians call them) of the Barons, la&s;ting about &s;ixty years in the dayes of King <HI>John</HI> and <HI>H.</HI> 3.<NOTE PLACE="marg">Ch. de For. <HI>cap. 1.</HI> &amp; <HI>3.</HI></NOTE> for the &s;etling and confirming the great Charter of Liber|ties, and the Charter of the Forre&s;t, agreed unto by King <HI>John,</HI> in the 17. year of his Raign, and Enacted by Parliament in the 9. year of <HI>H.</HI> 3. while he was in his minority; and &s;olemnly afterward confirmed in Parliament, when he was of full age. And yet notwith&s;tanding the&s;e Civil Warres, <HI>Bracton</HI> a learned Writer of the Law in tho&s;e trouble&s;ome dayes of <HI>H.</HI> 3.<NOTE PLACE="marg">Stat. de Marle. <HI>cap. 5.</HI></NOTE> and a Judge of the Realme, and one that profe&s;&s;eth of him&s;elf, that he did with
<PB N="12" REF="14"> exceeding labour and paines &s;earch out diligently <HI>antiqua Ju&s;torum judicia,</HI> (for &s;o he &s;tileth the Lawes of <HI>England,</HI> the ancient judgements of the ju&s;t) doth &s;tile <HI>H.</HI> 3. in the time of the Warres again&s;t him by his Barons, accor|ding to the &s;tile given before to <HI>Edw.</HI> the Confe&s;&s;or, <HI>Vicarius Dei;</HI> His words are the&s;e, <HI>Rex autem c&ugrave;m &s;it Dei Vicarius in terra, &s;eparare de|bet jus ab injuria, aequum ab iniquo, ut omnes &s;ibi &s;ubjecti hone&s;t&egrave; vivant &amp; nullus alium laedat; Potentia omni|bus &s;ibi &s;ubjectis debet praecellere,</HI> &amp;c. Which words are in them&s;elves a nota|ble Confutation of tho&s;e two &s;editious di&s;tinctions, lately &s;prung up again&s;t the Crown of <HI>England,</HI> by &s;ome Divines and wor&s;e Lawyers; That the King is the Supreame Per&s;on, but not the Su|preame Power. That he is, <HI>&s;ingulis major,</HI> but <HI>univer&s;is minor:</HI> whenas the words of <HI>Bracton</HI> are full, That he hath a Soveraigne Power over all his Subjects univer&s;ally; and if &s;o, then over them all, as they are united in one Body, as over every &s;ingular per&s;on. But the&s;e two di&s;loyall di&s;tinctions I
<PB N="13" REF="14"> &s;hall have occa&s;ion more particularly to refute, when I come to prove my fourth Conclu&s;ion; and then I &s;hall make them as irrationall as they are il|legall.</P>
<P><HI>Britton,</HI><NOTE PLACE="marg"><HI>Brit.</HI> fol. 1.</NOTE> another ancient Writer of the Laws of <HI>England,</HI> &s;aith thus of the King; That he is ordained of God, that the Peace be kept,<NOTE PLACE="marg"><HI>Co.</HI> 11. <HI>Rep.</HI> 72. Plow. <HI>f.</HI> 115.</NOTE> and therefore he is called by latter Authorities, Gods Lievetenant, the Fountain of Ju&s;tice and of common Right, the mo&s;t ex|cellent Per&s;on in the Realme, and to have the mo&s;t excellent things that are in the Earth and in the Sea.</P>
<P>By rea&s;on of this Ordination from God,<NOTE PLACE="marg"><HI>F. N. br.</HI> 21. Plow. 234. Plow. 238. Plow. 242, <HI>&amp;</HI> 243. <HI>&s;tat.</HI> 27. <HI>H.</HI> 8. c. 1. <HI>H.</HI> 7. 4. Plow. Dame <HI>Hales</HI> Ca&s;e. Plow. 177. 1. <HI>H.</HI> 7. 10.</NOTE> he is &s;aid in Law to have divers divine re&s;emblances; as ubiquity, to be pre&s;ent in all his Courts, and in all places of his Kingdome; a kind of Omnipotency in the Attributes of Ju|&s;tice and Mercy, di&s;tributing them to all his People, whereupon he is coun|ted in Law the Fountain of Ju&s;tice and Mercy. Nay he is reported by <HI>Plow|den</HI> to be the chief Head of the Law, <HI>fol.</HI> 242, 243, &amp; 502. Immortality, in that he never dies, hath no infancy, no
<PB N="14" REF="15"> folly, no corruption of blood, <HI>&amp;c.</HI> The King &s;aith <HI>Plowden,</HI> a learned and fa|mous Author of Law, is a name of con|tinuance, which &s;hall alwayes endure, as Head and Governour of the Common|wealth. Many more Authorities may be cited in this nature, which for bre|vities &s;ake I omit. I will only adde one Authority more, and conclude with it, becau&s;e it fully proves my fir&s;t Conclu&s;ion. <HI>Bracton</HI> in his fir&s;t Book, handling on purpo&s;e the Soveraigne Power of the King, hath the&s;e words, <HI>Ip&s;e autem Rex non debet e&s;&s;e &s;ub ho|mine,</HI><NOTE PLACE="marg"><HI>Bract.</HI> lib. 1. cap. 8.</NOTE> <HI>&s;ed &s;ub Deo,</HI> A King (&s;aith he) ought not to be under man, but God; and he gives a notable rea&s;on for it: For if the King &s;hould be dependant upon men, tho&s;e men mu&s;t have an e|quall Power with the King, or a Su|periour Power; if an equall, then the King &s;hould have no Power, for (&s;aith he) <HI>Par in parem pote&s;tatem non habet,</HI> one equall hath not juri&s;diction over his Companion; if a Superiour Pow|er, then &s;hould he be no King, but a Subject, and &s;o without Soveraignty. And therefore as a man expert in the
<PB N="15" REF="15"> Laws and Cu&s;tomes of the Realme, he &s;ets down the Con&s;titution of the Crowne of <HI>England</HI> that all are &s;ubject to him, but he to none but only to God; <HI>Omnis &s;ub eo, &amp; ip&s;e &s;ub nullo, ni&s;i tantum &s;ub Deo.</HI></P>
<P>But it is here objected by the Peo|ple:<NOTE PLACE="marg">Ob.</NOTE> It may be true that you &s;ay, that this is the Law of <HI>England</HI> concerning the Soveraigne Power of Kings; but how doth it appear that this Law was not impo&s;ed, or enforced upon the peo|ple? If you can prove it, &s;ay they (and &s;o I have heard &s;ome &s;peak) that the people of <HI>England</HI> have a&s;&s;ented to this Law, God forbid that any &s;hould be &s;o wicked as to oppo&s;e it, and &s;o execra|ble as to re&s;i&s;t it, contrary to their own con&s;ent, but to tru&s;t God with the I&s;|&s;ue and event of things in who&s;e pow|er it is alone <HI>to loo&s;e the bond of Kings, and gird their loynes with a girdle</HI> (as <HI>Job</HI> &s;peaketh) <HI>and who will puni&s;h their faults the more &s;everely,</HI><NOTE PLACE="marg">Ser. D^r <HI>Jo. Burge&s;s</HI> 19. <HI>Junii</HI> at Hamp|ton Court. An. D. 1604.</NOTE> <HI>becau&s;e none can do it but he:</HI> as a learned and pious Preacher &s;pake before King <HI>James</HI> in the behalf of all the Non|conforming Mini&s;ters then in the King|dome,
<PB N="16" REF="16"> the very next year after the conference at <HI>Hampton</HI>-Court.</P>
<P><MILESTONE UNIT="An&s;w."> To which Objection I an&s;wer, by maintaining my &s;econd Conclu&s;ion, which is this&punc;</P>
<P><MILESTONE N="2" UNIT="Conclu&s;."> That this Law concerning the So|veraignty of Kings, is thus a&s;&s;ented to by the People of <HI>England,</HI> and this their a&s;&s;ent openly expre&s;&s;ed and declared by divers Acts of Parlia|ment.</P>
<P>For the proof whereof I &s;hall make good the&s;e two things.</P>
<P N="1">1. That the People of <HI>England</HI> have a&s;&s;ented to this Law by a tacite and im|plyed a&s;&s;ent.</P>
<P N="2">2. By an open and manife&s;t a&s;&s;ent in &s;undry Acts of Parliament.</P>
<P>As concerning the fir&s;t, it is to be known that the People of this Realme are Governed by three kinds of Law.</P>
<LIST>
<ITEM>1. Common Law.</ITEM>
<ITEM>2. Cu&s;tomes.</ITEM>
<ITEM>3. Statute Law, or Acts of Par|liament.</ITEM>
</LIST>
<P>Common Law, which &s;tandeth upon divers ancient Maximes, and Princi|ples
<PB N="17" REF="16"> of Law admitted and con&s;ented to by the people.</P>
<P>Cu&s;tomes, which are either gene|rally allowed throughout the King|dom, as Gavelkind, Borough-Eng|li&s;h, Copy-hold, <HI>&amp;c.</HI> or by pre&s;crip|tion in certain Counties, and Towns, which are likewi&s;e incorporated into the Body of the Common Law upon this Maxim, <HI>Con&s;uetudo ex rationabi|li cau&s;a facit Jus.</HI> Now the&s;e two Laws do much exceed that which we call <HI>Statute Law,</HI> as being more con|&s;tant and fixed, le&s;&s;e mutable, and more incorrupt; as might aboundant|ly be proved, were it incident to the point in Que&s;tion. It is by this Com|mon Law, before any Statute was made, that the Crown of <HI>England</HI> is not dependent on any other than God alone (this kind of Independan|cy the Law doth alow, but not &s;ome other:) I &s;ay, by the Com|mon Law, which hath this Priviledge above all humane Laws, (the Laws of the <HI>Grecians</HI> and <HI>Romanes</HI> not ex|cepted) That no man could ever &s;tand up, and &s;ay, that he was the fir&s;t
<PB N="18" REF="17"> Lawgiver to this Nation, (like <HI>Ly|curgus</HI> and <HI>Solon</HI> among&s;t the <HI>Greeks, Papirius</HI> and <HI>Sempronius</HI> among&s;t the <HI>Romanes:</HI>) For neither did the King make his own Prerogative, nor the Judges the Rules and Grounds of Law; nor did the people pre&s;cribe un|to them&s;elves their own Rights and Liberties; but what Liberties and Cu&s;tomes had been by long tract of time a&s;&s;ented unto, approved and en|joyed by Prince and People, not di&s;|agreeing to the Laws of God, that ever was, and is &s;till, the Common Law: Among&s;t which Liberties and Cu&s;tomes, this of the Sovereignty of Kings from God over the peo|ple, is by <HI>Glanvile, Bracton,</HI> and the Mirrour of Ju&s;tices, (a Book treating of the Cu&s;tomes of <HI>England</HI> before the Conque&s;t) made to be one.</P>
<P N="2">2. I will now come to the &s;econd thing, and prove this Sovereign Pow|er of the Crown immediately from God, to be expre&s;ly and openly a&s;&s;ent|ed to by the people in &s;undry Acts of Parliament.</P>
<PB N="19" REF="17">
<P>I will fir&s;t begin with the Act of Parliament of 16. <HI>Rich.</HI> 2. <HI>c.</HI> 5.<NOTE PLACE="marg">16. <HI>Rich.</HI> 2. c. 5.</NOTE> be|cau&s;e it took its ri&s;e from the humble de&s;ires of the Commons of <HI>England,</HI> as appears by the Preamble of that Statute, wherein they all make an acknowledgment in the&s;e very words, <HI>That the Crown of</HI> England <HI>hath been &s;o free at all times, that it hath been in no earthly &s;ubjection, but immedi|ately &s;ubject to God in all things touch|in the Regality of the &s;aid Crown, and to no other.</HI> And &s;o was it accor|dingly enacted by the Statute of 25. <HI>Hen.</HI> 8.<NOTE PLACE="marg">25. <HI>Hen.</HI> 8. c. 31.</NOTE> All the Commons of <HI>Eng|land</HI> (at who&s;e humble &s;uite that Law was made) do there declare it for a Maxim and Ground of Law, <HI>That the Realm of</HI> England <HI>recognizeth no Superiour under God but only the King.</HI> Which authority al&s;o the whole Clergy of <HI>England</HI> recogni|zed in their Synods and Convocations, as appears by that Statute.</P>
<P>But in the Parliament of 28. <HI>Hen.</HI> 8.<NOTE PLACE="marg">28. <HI>Hen.</HI> 8. c. 10.</NOTE> there is a more full expre&s;&s;ion, where it is declared by the whole Par|liament, <HI>That the Kings Maje&s;ty is
<PB N="20" REF="18"> the only Supream Head of the Realm of</HI> England, <HI>and that this Right, Ho|nour and Preheminence is due unto him by the Law of God.</HI> And in this man|ner did the Crown of <HI>England</HI> &s;it upon the Head of Kings <HI>Hen.</HI> 8. and King <HI>Edw.</HI> his Sonne,<NOTE PLACE="marg">1. <HI>&amp;</HI> 2. P. <HI>&amp;</HI> M. <HI>c.</HI> 3.</NOTE> till Queen <HI>Ma|ry,</HI> loving the Popes Crown better than her own, repealed &s;ome of this power, and placed it in the Pope, which Queen <HI>Elizabeth</HI> in the fir&s;t year of her Reign took away,<NOTE PLACE="marg">1. <HI>Eliz.</HI> c. 1.</NOTE> and re|&s;tored it in the &s;ame plight as it was in the daies of her Father King <HI>Hen.</HI> 8. only changing but a word, <HI>Supream Governour</HI> for <HI>Supream Head;</HI> the &s;ame in &s;ub&s;tance, though a fitter ex|pre&s;&s;ion in regard of the Honour &s;he bare to her Saviour, to whom &s;he thought the tytle of Supream Head, in re&s;pect of the Church, more pro|perly to belong; Whereupon &s;he al|tered the two Oathes that were made in Parliament <HI>An.</HI> 26,<NOTE PLACE="marg">26. <HI>Hen.</HI> 8. c. 1.</NOTE> and 28. of the Reign of her Father, to the Oath that now is taken throughout the Kingdom, and which every Parlia|ment is to take,<NOTE PLACE="marg">28. <HI>Hen.</HI> 8. 10.</NOTE> by the Statute of
<PB N="21" REF="18"> 5 <HI>Eliz.</HI><NOTE PLACE="marg">5. <HI>Eliz.</HI> c. 1.</NOTE> ere he can &s;it in the Hou&s;e of Commons, or have a vote there. As namely, <HI>That our Sovereign Lord King</HI> Charles, <HI>is the only Supream Governour of this his Realm, and of all other his Highne&s;s Dominions and Countries,</HI><NOTE PLACE="marg">1. <HI>Eliz.</HI> c. 1.</NOTE> <HI>as well in all Spiritual and Eccle&s;ia&s;tical things or cau&s;es as Tempo|ral,</HI> &amp;c. Which general words touch|ing the Kings Supreamacy, are now to be expounded by tho&s;e Statutes of <HI>Hen.</HI> 8. which I mentioned before, and do contain within them the&s;e three Properties;</P>
<P N="1">1. That the Kings Supream Pow|er is immediately from God.</P>
<P N="2">2. That the Realm of <HI>England</HI> hath no Superiour under God (whe|ther they be any or many per&s;ons, for the word Superiour includeth both) but only the King.</P>
<P N="3">3. That this Honour and Prehe|minence of the King, is due unto him by the Law of God.</P>
<P>And that this is no expo&s;ition of mine, but the true genuine expo&s;i|tion of Law, It is provided by the Statute of 5 <HI>Eliz.</HI><NOTE PLACE="marg">5. <HI>Eliz.</HI> c. 1.</NOTE> that the Oath of
<PB N="22" REF="19"> Supreamacy made in the fir&s;t year of Queen <HI>Eliz. &s;hall be taken and ex|pounded in &s;uch form as is &s;et forth in An Admonition annexed to the Queen</HI> Maries <HI>Injunctions publi&s;hed in the fir&s;t year of her Maje&s;ties Reign:</HI> That is to &s;ay, to confe&s;&s;e and acknowledge in her Maje&s;ty, her Heires and Suc|ce&s;&s;ours, none other Authority than was challenged and lately u&s;ed by the Noble King <HI>Hen.</HI> 8. and King <HI>Edw.</HI> 6. And that Authority, together with all Dignities, Regalities, and Preheminences belonging to the Crown of <HI>England,</HI> are by the Sta|tute of Recognition of 1 <HI>Eliz. c.</HI> 3.<NOTE PLACE="marg">1. <HI>Eliz.</HI> c. 3.</NOTE> declared to be as rightfully and en|tirely Ve&s;ted in her, as they were in the late King <HI>Hen.</HI> 8. and King <HI>Edw.</HI> 6. as by that Statute may at large appear: Some of which Regalities were, that the Crown is dependent on God alone, and &s;ubject to no Su|periour under him; And this to be due to him by the Law of God.</P>
<P>I might add more Statutes to prove this point: I will only conclude with one Statute more, enacted within my
<PB N="23" REF="19"> own remembrance, and the be&s;t in that kind that ever was made in my daies, and the mo&s;t emphatically pen|ned. It is the Statute of Recognition made in the fir&s;t year of King <HI>James</HI> by the whole Parliament,<NOTE PLACE="marg">1. <HI>Jac.</HI> cap. 1.</NOTE> which I will write more largely, becau&s;e there are many memorable things in it.</P>
<P>Fir&s;t, They acknowledge the ble&s;|&s;ing of God upon this Kingdom, in the Unions of the Hou&s;es of <HI>Yorke</HI> and <HI>Lanca&s;ter,</HI> e&s;pecially of the two Kingdomes <HI>England</HI> and <HI>Scotland,</HI> under King <HI>James,</HI> and thereby free from bloody civil warres.</P>
<P>Next, They te&s;tifie their un&s;peak|able joy for his Maje&s;ties mo&s;t happy Inauguration and Coronation.</P>
<P>Then they agnize upon the knees of their hearts (it is their own expre&s;|&s;ion) their mo&s;t con&s;tant faith, obe|dience and loyalty to his Maje&s;ty, and his Royal Progeny (of which our now Sovereign Lord King <HI>Charles,</HI> was then an Infant about three years old.)</P>
<P>Afterwards, in mo&s;t lowly and hum|ble manner, they be&s;eech his mo&s;t
<PB N="24" REF="20"> excellent Maje&s;ty, That (as a memo|rial to all Po&s;terity among&s;t the Re|cords of his High Court of Parlia|ment for ever to endure, of their loy|alty, obedience, and hearty and hum|ble affection,) it might be publickly declared and enacted in the High Court of Parliament; That they (be|ing bounden thereunto by the Laws of God and man) did with un&s;peak|able joy, recognize and acknowledge, that immediately upon the decea&s;e of Queen <HI>Elizabeth,</HI> the Imperial Crown of the Realm of <HI>England,</HI> and the Rights belonging to the &s;ame, (of which this point of the Sovereignty of the Crown from God was a prin|cipal one,) did by inherent Birth|right and lawfull &s;ucce&s;&s;ion, di&s;cend and come to his mo&s;t excellent Maje|&s;ty, as next and &s;ole Heir of the Blood-Royal of this Realm. And to this Recognition <HI>we do</HI> (&s;ay they) <HI>mu&s;t humbly and faithfully &s;ubmit and obleige our &s;elves and Po&s;terities for ever, untill the la&s;t drop of our blood be &s;pent. And we do be&s;eech your Ma|je&s;ty to accept the &s;ame, as the fir&s;t
<PB N="25" REF="20"> fruits in this High Court of Parlia|ment, of our Loyalty and faith to your Maje&s;ty, and to your Royall Progeny and Po&s;terity for ever.</HI> And in the con|clu&s;ion of the Act, they have the&s;e words; <HI>Which if your Maje&s;ty &s;hall be plea&s;ed (as an argument of your gracious acceptation) to adorne with your Maje&s;ties Royall a&s;&s;ent (without which it can neither be compleat nor perfect; nor remain to all Po&s;terity, according to our mo&s;t humble de&s;ires, as a memoriall of your Princely and tender affection towards us) we &s;hall adde this al&s;o to the rest of your Ma|jesties un&s;peakable and une&s;timable be|nefits.</HI></P>
<P>In which Statute the&s;e things are ob&s;ervable:</P>
<P N="1">1. That this Act of Parliament doth not give any manner of Title to the King or his Po&s;terity, to the Crown of <HI>England,</HI> but this Right and Title to the Crown, is expre&s;ly &s;aid to be by the Laws of God and man, by in|herent birthright, and lawfull &s;ug|ce&s;&s;ion: And therefore they humbly de&s;ire, this their Recognition may be
<PB N="26" REF="21"> accepted of him, as a te&s;timony of their con&s;tant faith and Loyalty to him and his Po&s;terity for ever.</P>
<P N="2">2. They do not &s;ubject the Crown of <HI>England</HI> to any forefeiture to the people, or to any conditionall Limi|tation in Governement, by way of pre&s;ervation of Religion, Laws, Li|berties, <HI>&amp;c.</HI> but leave it pure and free according to the Laws I cited before, without any condition, which the wi&s;e|dome of the Law doth not admit of; as I &s;hall more fully &s;hew in the proof of my fourth Conclu&s;ion.</P>
<P N="3">3. As they put no conditions upon the Crown, &s;o they put no conditions upon their own Obedience and Loyal|ty, but freely and ab&s;olutely oblige them&s;elves and their po&s;terities for e|ver, to this their Recognition to King <HI>James,</HI> and King <HI>Charles</HI> his Sonne, and to their Po&s;terity, to the &s;pending of the la&s;t drop of their blouds.</P>
<P N="4">4. Though the two Hou&s;es of Lords and Commons, with one una|nimous con&s;ent <HI>(nullo contradicente)</HI> agreed upon this Act of Parliament,
<PB N="27" REF="21"> and though it was for the publick peace and tranquillity of King and People, yet they acknowledged that it was not compleate or perfect, or could remain as a Law to Po&s;terity, unle&s;s the King did give his Royall a&s;&s;ent to it. The new light and new Law of making Laws in Parliament, binding to the people, without the Royall A&s;|&s;ent, were not known to this Parlia|ment, though as wi&s;e and as learned men were of it, as ever were either before or &s;ince.</P>
<P N="5">5. That though it was an Act of publick concernement, yet they do not de&s;ire the King &s;hould pa&s;s it out of duty, which he could neither will nor choo&s;e (as the late Language hath been) but that he would pa&s;s it as an Act of his grace and ten der affection to them; And what is of grace is not of duty and right.</P>
<P>They la&s;tly de&s;ire, it may remaine among&s;t the Records of Parliament, as a memoriall to all po&s;terity for ever to endure, of the Loyalty and Obedi|ence of them and their Po&s;terity, to that King and his Progeny for ever;
<PB N="28" REF="22"> And how this Recognition, according to this Obligation, hath been ob&s;er|ved by them and their Children; to that King and his Po&s;terity, I had much rather weep, than &s;peak in it: The Lord of Heaven adde it not to that mea&s;ure of iniquity in this King|dome, pre&s;&s;ed down and running over with blood.</P>
<P>And as this is the Law of the King|dome of <HI>England,</HI> concerning this So|veraigne Power in the Crown; So it is the Divinity of the Kingdome, as may appeare by the Doctrine of the Church of <HI>England,</HI> in the 37. Article of Religion, in the&s;e words; <HI>The Queens Majesty hath the chief Pow|er in this Realme of</HI> England, <HI>and other her Dominions, unto whom the chief Governement of all E&s;tates of this Realme, whether they be Eccle&s;i|asticall or Civill, in all Cau&s;es doth appertain.</HI> By which the King of <HI>England</HI> is made to have the chief Power, again&s;t that &s;editious and new-found di&s;tinction infu&s;ed into the head of the People, by &s;ome as ignorant of Religion as of Law: That the King
<PB N="29" REF="22"> of <HI>England</HI> is the Supreame Per&s;on or Governour, but not the Supreame Power.</P>
<P>I will &s;hut up all I have more to &s;ay upon this Point,<NOTE PLACE="marg">King <HI>James</HI> Remon&s;trance again&s;t Card. <HI>Peron.</HI></NOTE> with the only Au|thority of King <HI>James</HI> in his mo&s;t learned Defence for the Right of Kings, again&s;t Cardinall <HI>Peron;</HI> where|in he unan&s;werably handles this Point again&s;t <HI>Bellarmine, Mariana,</HI> and o|ther Je&s;uites; and again&s;t &s;ome Pro|te&s;tants (whetting their Swords a|gain&s;t Kings at the forge of tho&s;e <HI>Phili&s;tims:</HI>) Of which exqui&s;ite Piece I may &s;ay with <HI>Solomon</HI> upon another Subject, <HI>What can the man do,</HI><NOTE PLACE="marg">Eccle&s;. 2.12.</NOTE> <HI>that cometh after the King.</HI></P>
<P>My third Conclu&s;ion is this; <HI>That <MILESTONE N="3" UNIT="Conclu&s;."> this Kingly Power, is by Law in&s;epa|rably and individedly united to the na|turall body of the King, and make in him but one entire Royall Per&s;on.</HI></P>
<P>The Per&s;on of the King is by Law made up of two bodies, A naturall body, &s;ubject to Infancy, infirmity, &s;ickne&s;s and death, And a politick body, perfect, powerfull, and perpe|tuall: The&s;e two bodies are in&s;epara|bly
<PB N="30" REF="23"> and individedly united together, and con&s;olidate in each other.<NOTE PLACE="marg"><HI>Plow. Duchy</HI> of <HI>Lancha&s;ters</HI> Ca&s;e. 2 13.</NOTE> <HI>Cor|pus corporatum</HI> (&s;aith the Law) <HI>in Corpore naturali, &amp; Corpus naturale in Corpore corporato;</HI> So that you may di&s;tingui&s;h them, but not divide them. This union is like that be|tween the Soul and the Body; The Soul it animates, it quickens, it beau|tifies the body; &s;o this politick body dignifies, or (rather to &s;peak in a Law-phra&s;e) it magnifies the naturall body of the King,<NOTE PLACE="marg"><HI>Plow.</HI> 213.</NOTE> by greatning it with a threefold greatne&s;s.</P>
<LIST>
<ITEM>1. Of Perfection.</ITEM>
<ITEM>2. Of Power.</ITEM>
<ITEM>3. Of Maje&s;ty.</ITEM>
</LIST>
<P N="1">1. Of Perfection, By freeing the per&s;on of the King from infancy, fol|ly, infirmity, impotency, <HI>&amp;c.</HI></P>
<P N="2">2. Of Power, By giving him a command over all his Subjects, and by Ruling and Governing them, and and not they him.</P>
<P N="3">3. Of Maje&s;ty, By making him the Fountaine of all Honour, of all Ju&s;tice, and of all Mercy within the Realme.</P>
<PB N="31" REF="23">
<P>Three the mo&s;t orient and flagrant flowers of the Crown, and which no Subject can challenge; for all Sub|jects put together, are but as the Trunk of the body in man to the Head, which without the Head, can no more Rule and Governe the Mem|bers of the body in Order and Honour, than the lea&s;t finger or toe; And therefore if they &s;hould all pre&s;ume to joyne without the King, to conferre Honour, Ju&s;tice, or Mercy upon any of their fellow-Subjects, that Honour is accounted in Law but a Tumour, the Ju&s;tice they &s;hould di&s;tribute is but Tyranny, and the Mercy they be&s;tow is but a &s;pecious Injury. A notable Ca&s;e in proof of this, is that of King <HI>Hen.</HI> 7. who when he was Earle of <HI>Richmond,</HI> was with many Lords and Commons that took his part again&s;t <HI>Rich.</HI> the 3^d (a King in fact, but a Ty|rant in Title, &s;aith a learned Hi&s;tori|an) attainted of High-trea&s;on in the dayes of that King. At the battle of <HI>Redmore-downe,</HI><NOTE PLACE="marg"><HI>Bal.</HI> Hi&s;t. <HI>Hen.</HI> 7. fol. 1.</NOTE> near <HI>Bo&s;worth</HI> in <HI>Leice&s;ter-&s;hire,</HI> on the 22. day of <HI>Aug.</HI> 1485. the Earle got the Victory, &s;lew
<PB N="32" REF="24"> <HI>Rich.</HI> 3. in the field, and on the &s;ame day took the Crown upon him, and a&s;&s;umed the &s;tile of a King; and in <HI>September</HI> following (and before his Coronation) &s;ummoned a Parliament to begin the 7. day of <HI>November</HI> fol|lowing.</P>
<P>On the fir&s;t day of this Parliament, the Judges were all met together in the Exchecker Chamber, to re&s;olve a very rare and perplexed Ca&s;e, and &s;uch as had not happened &s;ince the Conque&s;t,<NOTE PLACE="marg">1. <HI>Hen.</HI> 7. fol. 4, 6.</NOTE> <HI>viz. What &s;hould be done about the rever&s;all of the At|tainders of the King, and of divers Lords, and many Knights, Citizens, and Burge&s;&s;es that were to &s;it in Par|liament that day.</HI> This Que&s;tion (the Kingdome at that time being in &s;uch exigence) had been of no difficulty, if tho&s;e learned Judges had been <HI>Conu|&s;ant</HI> of any &s;uch Law, That an Ordi|nance of the two Hou&s;es without the Kings actuall a&s;&s;ent, had been as effe|ctuall as an Act of Parliament. But neither they nor their Fathers ever heard or read of &s;uch Law, and there|fore they fell upon this Re&s;olution;
<PB N="33" REF="24"> That as concerning the Lords and Commons that were attainted, they advi&s;ed not to &s;it in Parliament, till an Act of Parliament was pa&s;&s;ed by the other Lords and Commons not attainted, and a&s;&s;ented to by the King for the rever&s;all of tho&s;e Attainders, and after the rever&s;all, then all of them to &s;it in the Hou&s;es; For that it was not convenient, that any &s;hould &s;it as Judges in tho&s;e Hou&s;es that were attainted. And as concerning the King they thus Re&s;olved (&s;aith my Authour) <HI>That the Crown takes away all defects and &s;tops in bloud,</HI><NOTE PLACE="marg"><HI>Bac.</HI> Hi&s;t. <HI>H.</HI> 7. p. 13.</NOTE> <HI>and that from the time the King did a&s;&s;ume the Crown, the Fountain was cleared, and all attainders and corrup|tion of bloud di&s;charged.</HI> But yet for honours &s;ake it was Ordered by Parlia|ment; That all Records wherein there was any memory or mention of the Kings Attainder, &s;hould be defaced, cancelled, and taken off the File. But King <HI>Hen.</HI> 7. thought it not conveni|ent any Act of rever&s;all &s;hould in any wi&s;e pa&s;s concerning him, as knowing that the Title to the Crown of <HI>England</HI>
<PB N="34" REF="25"> had its dependance on God and the Law, and not on the people; And therefore the grace of pardoning &s;uch Offenders as took up armes again&s;t him, being an Act of Mercy belong|ing to the Crown, he would not pa&s;s by Parliament, that thereby he might the better impropriate the thanks to him&s;elf: And publi&s;hed his Royall Proclamation to that purpo&s;e in that Parliament; likewi&s;e he did of him&s;elf and of his own grace conferre the Ho|nours of the Lord <HI>Brook</HI> to Sr. <HI>Rob. Willoughby,</HI> of <HI>Lord Dawbeny,</HI> to Sr. <HI>Giles Dawbeny,</HI> and of the Earl of <HI>Bath,</HI> to the Lord <HI>Chandos,</HI> without the a&s;&s;ent of Parliament.</P>
<P>Thus have I by this one &s;ingle Ca&s;e, without need of adding any more, fully proved, that by the ac|ce&s;&s;ion of the Crown to the naturall body of the King, his Royall Per&s;on partakes of many, high pre-eminen|ces of Perfection, Power and Ma|je&s;ty, in the Acts of Ju&s;tice, Mercy, and Honour (without any dependance or contribution from his people,) by calling of Parliaments, by pardoning
<PB N="35" REF="25"> Offenders, and advancements in Nobi|lity, all of them Acts of Maje&s;ty and Soveraigne Power.</P>
<P>This Conjunction of the Office of the King with his naturall body, doth draw to the Per&s;on of the King, the O|bedience and Ligeance of all his Sub|jects.<NOTE PLACE="marg">7. <HI>Rep. Calvins</HI> Ca&s;e.</NOTE> Now Ligeance is nothing el&s;e in Law but the true and faithfull obe|dience of a Liege-man, and Subject to his Liege-Lord and Soveraigne. Not that Ligeance is only tied to the King|ly Office, without relation to the na|turall Per&s;on of the King, which was the traiterous and &s;editious di&s;tinction of <HI>Hugh Spencer</HI> the yonger; for which and other his Trea&s;ons he was condemned by two &s;everall Acts of Parliament;<NOTE PLACE="marg">Vide Stat. in Vet. M. Ch. <HI>1556.</HI></NOTE> the one called <HI>Exilium Hugonis de Spencer,</HI> the other 1. <HI>Edw.</HI> 3. cap. 1. For by this damnable Do|ctrine (for &s;o the Law cals it in <HI>Calvins</HI> Ca&s;e) if the King &s;hould not be thought by his Subjects to Governe according to his Kingly Office,<NOTE PLACE="marg">1. <HI>E.</HI> 3. c. 1.</NOTE> the Subject is no longer tyed to obedi|ence, but may ri&s;e up in arms again&s;t him, which cuts in &s;under all the bonds
<PB N="36" REF="26"> of Governement, as well in Families as in the Commonwealth. And &s;o Children may ri&s;e up again&s;t their Pa|rents, Servants again&s;t their Ma&s;ters, Wives again&s;t their Husbands, and plead for them&s;elves the ill governe|ment of their Superiors; and &s;o parties &s;hall become Judges, and Subjects Soveraignes, and the world by this meanes turned into a wor&s;e e&s;tate than the fir&s;t <HI>Chaos.</HI></P>
<P>But the Law of <HI>England,</HI> which is a Law of order and decency, and not of confu&s;ion and deformity, is quite otherwi&s;e: for the Ligeance of the Subject is tyed principally and proper|ly to the naturall body of the King, &s;u&s;teyning and &s;upporting the Royall Maje&s;ty, and in which it doth in&s;epa|rably inhere, as in its proper Subject. For Ligeance being a corporeall Ser|vice, is to be done to a vi&s;ible, corpo|reall, and locall Per&s;on; not to a thing invi&s;ible, incorporeall, and not circum&s;cribed to any place (as is the Royall Dignity.) This appears plain|ly by the old Oath of Allegeance, ta|ken by all the Kings Subjects, above
<PB N="37" REF="26"> the age of twelve years, in the dayes of King <HI>Edw.</HI> 1. and long before, and is at this day given in Court-Leets, which being by <HI>Britton</HI> &s;et down in <HI>Law-French,</HI><NOTE PLACE="marg"><HI>Brit.</HI> fol. 74.</NOTE> I will truely &s;et down in Engli&s;h, <HI>You A. B. &s;hall &s;wear that you &s;hall be faithfull and Loyall to our Lord King</HI> Edward, (at this day King <HI>Charles) and his Heirs, and faith and Loyalty you &s;hall to him hear of life and member, and of earthly Honour, and you &s;hall not know of any hurt or dammage to be done to him, which you &s;hall not re&s;i&s;t to your Power; So help you God.</HI> By which Oath it appears plainly, that Ligeance is a corporeall &s;ervice, whereby the Body, Life, and Honour of the Liege Subject, is engaged to his Soveraigne, named by his proper name King <HI>Charles,</HI> a name given to his naturall body, capable of Bapti&s;me onely (and to his Heirs) words pro|per to his naturall body, as the word (Succe&s;&s;or) to his body politick (and for the pre&s;ervation of his Per&s;on from all hurt and dammage) things inci|dent only to his naturall body, for his
<PB N="38" REF="27"> politick capacity, <HI>viz.</HI> his Kingly Of|fice is incapable of beating, wounding, killing, or any other hurt, being a thing invi&s;ible, incorporeall, impa&s;&s;i|ble. Hence it is that the Ligeance of an Engli&s;h Subject is called naturall Ligeance, and the King is called his naturall Liege Lord, in&s;omuch as to compa&s;&s;e the death of the King, or to levy Warre again&s;t him, which are acts of violence again&s;t his naturall Per&s;on, are in all Inditements of High-Trea&s;on,<NOTE PLACE="marg"><HI>Cal.</HI> Ca&s;e. 7. <HI>Rep.</HI></NOTE> &s;aid to be done, <HI>contra li|geantiae &s;uae debitum,</HI> again&s;t the duty and bond of Allegiance. This old Oath of Allegiance, is by the Stew|ard of <HI>Leets</HI> to be tendred to all men of the age of twelve years and up|wards, upon a Fine to be laid on his head,<NOTE PLACE="marg">43. <HI>E.</HI> 3. fol. 27.</NOTE> that &s;hall refu&s;e it; and Pledg|es to be found for him, that he be of the good behaviour; Which Law was &s;o &s;trictly ob&s;erved in the dayes of King <HI>Edw.</HI> 3.<NOTE PLACE="marg">1. <HI>E.</HI> 3. fol. 26.</NOTE> that a Ma&s;ter for re|teyning a man in his &s;ervice, not be|ing &s;worne to the King, was pre&s;en|&s;ented for it in the <HI>Leet,</HI> and Amerced. By this excellent Law in Court-<HI>Leets,</HI>
<PB N="39" REF="27"> this Realme was kept in &s;uch tranqui|lity and peace by King <HI>Alfred,</HI> (for &s;o ancient are the&s;e Courts) that this King cau&s;ed chains of Gold to be hang'd up in the high wayes, and none dur&s;t take them away. The words of my Authour are the&s;e,<NOTE PLACE="marg">Guliel. lib. <HI>1.</HI> de Reg. Ang</NOTE> <HI>Armillas aureas juberet &s;u&s;pendi quae viantium aviditatem irritarent, dum non e&s;&s;ent qui eas abriperent.</HI> Which is the more to be credited, in that it doth appear, that &s;tealing and theeving were &s;o rare in this Kingdome in tho&s;e times, That the puni&s;hment of theft was not made capitall till above 200 years after, to wit, in the third year of the Raigne of King <HI>Edw.</HI> 1.<NOTE PLACE="marg"><HI>We&s;t.</HI> 1. c. 15.</NOTE> Which Court Leets had they been to this day duely kept by men learned in the Laws of the Realme, as they ought to have been, (for &s;o are the words of <HI>Fleta,</HI><NOTE PLACE="marg"><HI>Fleta.</HI> lib. 2. cap. 6. <HI>Co.</HI> 9. <HI>rep.</HI> 48. <HI>b.</HI> 6. <HI>rep. Bulleus</HI> Ca&s;e. <HI>fol.</HI> 77.</NOTE> <HI>Pro|videat &s;ibi dominus de &s;ene&s;callo fi|deli,</HI> &amp;c. <HI>qui in legibus &amp; &s;ub con|&s;uetudinibus provinciae, &amp; jura domi|ni &s;ui in omnibus tueri affectet, qui|que Ballivos Domini in &s;uis erroribus &amp; ambiguis &s;ciat in&s;truere,</HI> &amp;c.) And not turned over to Sollicitors, Pro|ctors,
<PB N="40" REF="28"> Serving-men, <HI>&amp;c.</HI> as at this day (by which meanes &s;carce a &s;hadow of the ancient Juri&s;diction of this Court doth remaine) this Kingdome had not &s;o often and inwardly bled, by many bloudy civil Wars, to the endanger|ing of the Commonwealth: Like as it is to the naturall body of man, when the bloud fals into the body <HI>extra va&s;a,</HI> and keeps not in the proper veynes, as Phy&s;icians ob&s;erve.</P>
<P>This faith and Ligeance to the Roy|all Per&s;on of the King, &s;o adorned with Honour and Maje&s;ty by the Common-Law, doth leave as na|turall an impre&s;&s;ion of duty and Loyalty in a true born Subject to his Prince, as it doth in the heart of a Child to his Father, or of a Servant to his Ma&s;ter. For the Commande|ment of <HI>Honour thy Father and thy Mother,</HI> &amp;c. doth belong unto Kings, and was ever &s;o expounded, or el&s;e it is no where to be found in the Deca|logue. Now the &s;ubjection of Chil|dren and Servants, is to Parents and Ma&s;ters, whether good or bad; and &s;o the Apo&s;tle <HI>Peter</HI> declares the Law,
<PB N="41" REF="28"> <HI>not only</HI> (&s;aith he) <HI>to the good and gentle, but al&s;o to the froward:</HI><NOTE PLACE="marg">1. Pet. 2.17.</NOTE> <HI>for this is thank-worthy, if a man for con&s;cience &s;ake towards God,</HI><NOTE PLACE="marg">1 Pet. 2.18.</NOTE> <HI>endure grief, &s;uffering wrongfully.</HI> And the like &s;ubjection is to Kings, whether good or bad, in the judgement of the be&s;t Expo&s;itors that ever wrote upon the 13. Chapter to the <HI>Romans.</HI> This made <HI>Hubert De Sanct&acirc; Cl&acirc;r&acirc;,</HI> re|ceive the Arrow &s;hot again&s;t King <HI>Hen.</HI> 2. into his own bo&s;ome, to &s;ave the life of his Liege Lord: and this made <HI>Tho. Howard</HI> Earl of <HI>Surrey,</HI> &s;on to <HI>John</HI> Duke of <HI>Norfolk,</HI> to fight &s;toutly for King <HI>Rich.</HI> the 3. (as hor|rid a Tyrant as ever trode on Engli&s;h mould) again&s;t King <HI>Hen.</HI> 7. and be|ing asked the rea&s;on by the King, he an&s;wered, (<HI>That</HI> Rich. 3. <HI>was then his Crowned King, and did he &s;ee the Crown &s;et upon the &s;tump of a Thorne,</HI> (a fit re&s;emblance for the King he fought for) <HI>he would fight for that &s;tump, and &s;o he would fight for King</HI> Hen. 7. <HI>now he was his King,</HI> which he valiantly performed to his Sonne King <HI>Henry</HI> the 8, at
<PB N="42" REF="29"> the battle of <HI>Flodden-field.</HI></P>
<P>And although among&s;t the multi|plicity of new Sects that are &s;prung up at this day, the traiterous opinion of the &s;aid <HI>Hugh Spencer</HI> be revived (if Trea&s;on may be called a Sect,) <HI>That the Allegiance of the Subject, is onely tyed to the Office of the King,</HI> not to his Per&s;on; yet there was none that ever I could hear or read of, pleaded this Plea at their arreign|ment for Trea&s;on. But the ordina|ry and common excu&s;e hath been, of the per&s;ons Indicted, that they never intended hurt to the Kings Per|&s;on, but only to remove evil Coun|&s;ellors from him, or the like, which were the pleas of the two Earles of <HI>E.</HI> and <HI>S.</HI> in the latter daies of Queen <HI>Eliz.</HI> and yet adjudged to be High Trea&s;on.<NOTE PLACE="marg"><HI>Hill.</HI> 43. <HI>Eliz. Co.</HI> 3. <HI>In&s;ti.</HI> p. 12.</NOTE> But the rea&s;on is not re|ported by S^r <HI>Edw. Cooke,</HI> who citeth the ca&s;e in the 3d part of his In&s;titutes. But by a private report which I have &s;een, was thus delivered by S^r <HI>John Popham</HI> Chief Ju&s;tice, That the Law con&s;trueth Trea&s;ons by Acts, and by tho&s;e Acts judgeth of In|tents,
<PB N="43" REF="29"> and the levying of Warre by them without the Kings a&s;&s;ent,<NOTE PLACE="marg"><HI>Glan.</HI> lib. 1. cap. 2. <HI>Bract.</HI> lib. 3. fol. 1. <HI>Co</HI> 3. <HI>In&s;ti.</HI> p. 9.</NOTE> be|ing a &s;ortious Act at the fir&s;t, (for that no Subject can levy Warre with|in the Realm without authority from the King;) That the levying a War to remove a Coun&s;ellor of State, is to levy Warre again&s;t the King, and &s;o High Trea&s;on. For what did let but that the &s;ame violence which prevailed to remove the Coun|&s;ellor, might have prevailed, if not only to have removed, but to have impri&s;oned, depo&s;ed, and de&s;troyed the Queen, being all of them Acts of High Trea&s;on.</P>
<P>I will conclude all with a &s;tory of old Father <HI>Latimer,</HI> told by him touching the Lord <HI>Darcy,</HI> the Lord <HI>Hu&s;&s;ey,</HI> and S^r <HI>Robert Con&s;table,</HI><NOTE PLACE="marg"><HI>Lat.</HI> Sermon at <HI>Stanford.</HI> fol 56. <HI>Edit.</HI> 1635.</NOTE> pre|&s;ently after the Rebellion in the North, <HI>temp. H.</HI> 8. I will barely re|late it in the words of that godly Bi|&s;hop and renowned Martyr, and leave the application of it to o|thers.</P>
<P><HI>I will go further with you, I have travelled in the Tower my &s;elf by the
<PB N="44" REF="30"> Kings Commandement, and the Coun|&s;ell, and their was S^r</HI> Robert Con|&s;table, <HI>the Lord</HI> Hu&s;&s;ey, <HI>and the Lord</HI> Darcy; <HI>and the Lord</HI> Darcy <HI>was tel|ling me of the faithfull &s;ervice he had done the Kings Majesty, that dead is. If I had &s;een my Sovereign Lord in the field,</HI> (&s;aith he) <HI>and &s;eeing his Grace coming again&s;t us, I would have lighted from my hor&s;e, and taken my &s;word by the point, and yeeld|ed it into his Graces hands. Mary (quoth I) in the mean time, you playd not the part of a faithfull Sub|ject, in holding with the people in a commotion and di&s;turbance. It hath been the craft of all Traitours to pre|tend nothing again&s;t the Kings Per|&s;on; they never pretend the matter to the King, but to others. But Sub|jects ought not to re&s;i&s;t any Magi|&s;trates, nor ought to do any thing con|trary to the Kings Laws.</HI></P>
<P><MILESTONE N="4" UNIT="Conclu&s;."> My fourth Conclu&s;ion is this, <HI>That this Sovereign Power is over all the Subjects of</HI> England, <HI>as well in a Col|lective Body as Repre&s;entative, as it is over every particular Subject.</HI></P>
<PB N="45" REF="30">
<P>I have before &s;hewed the Nature and Con&s;titution of a King of <HI>Eng|land;</HI> I &s;hall now &s;hew the Univer|&s;ality of his Power. And becau&s;e in this la&s;t and wor&s;t age of the world, there is &s;ome oppo&s;ition again&s;t this by the common people, who de|light in change, by parting with truth for errour, and receiving errour for truth, from a New-Light, proceed|ing from the old Prince of Dark|ne&s;&s;e: I will therefore in the fir&s;t place Explain this Conclu&s;ion. Se|condly, I will &s;hew what the Law of the Land, and the Con&s;titution of the Kingdom is in it. Thirdly, I will &s;hew the Rea&s;ons of the Law in the &s;ame. Fourthly, I will An&s;wer all Objections again&s;t it.</P>
<P>For the fir&s;t, It is not que&s;tioned by any, but that the King hath a Sovereign Power over every parti|cular Subject, and therefore I will pa&s;&s;e over that. But que&s;tion is made, whether the King hath a So|vereign Power over all the people in a collective Body, congregated together in one place from each cor|ner
<PB N="46" REF="31"> of the Land, from <HI>Dan</HI> to <HI>Beer|&s;hebah,</HI><NOTE PLACE="marg">Judges 20.1.</NOTE> as the <HI>I&s;raelites</HI> were in <HI>Mi&s;|peh;</HI> which I &s;ay he hath; and that they all put together, are but this Politick Body, of which he is Head, and therefore hath the Sovereign Power over it, as the Head hath over the Natural Body, and not that a Power over the Head: for then &s;hould the Head be the only Subject in the Kingdom, and the People So|vereigns. The like I &s;ay for the Re|pre&s;entative Body of the People, which is nothing el&s;e in Law, but a calling by the Kings Writ, of all the Nobility and People of the Land re|pre&s;ented in Parliament, by certain Heads of the People, cho&s;en by them upon their own free Elections; (other|wi&s;e it is no Repre&s;entative Body, as appears by the Statute of 1 <HI>Jac. c.</HI> 1.<NOTE PLACE="marg">1 <HI>Jac.</HI> c. 1.</NOTE> and is there &s;o explained.) Over this Repre&s;entative Body, di&s;tin|gui&s;hed into two Hou&s;es of Lords and Commons,<NOTE PLACE="marg"><HI>Co.</HI> 3. <HI>In&s;ti.</HI> fol. 3. <HI>D. &amp; Stud.</HI> fol. 43.6.</NOTE> the King hath like|wi&s;e a Sovereign Power, being cal|led in Law <HI>Caput Parliamenti.</HI></P>
<P>Which Conclu&s;ion thus Explain|ed,
<PB N="47" REF="31"> I &s;hall in the next place prove by the Law and con&s;titution of this Kingdom, That the King hath a Sovereign Power over the whole Bo|dy of the People, as well collective, as repre&s;entative.</P>
<P>Two Greek words for the Name King, do aptly expre&s;&s;e the Nature of it in our Law; &Bgr;&agr;&sgr;&igr;&lgr;&egr;&ugr;&sfgr;,<NOTE PLACE="marg">Co. <HI>4.</HI> rep. in praef.</NOTE> &s;o was our King <HI>Edgar</HI> called <HI>Anglorum Ba&s;ileus, qua&s;i</HI> &Bgr;&agr;&sgr;&igr;&sfgr; &tgr;&ogr;&ucirgr; &lgr;&agr;&ucirgr;, the foundation or &s;upport of the people. And <HI>Homer</HI> calls the King, &pgr;&ogr;&igr;&mgr;&eegr;&ngr; &lgr;&agr;&ohgr;&ngr;, the Shep|heard of the people. He is not Head of a particular man, but of a whole people; He is not Shepheard of a &s;ingle &s;heep, but of a whole Flock. And therefore he is called in our Law, not the Head of one man, but of the whole Commonwealth.<NOTE PLACE="marg">1 <HI>H.</HI> 7.10<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"></NOTE> And &s;o much doth the King intimate, deri|ved from the Dutch <HI>Koennen,</HI> &s;ignifi|ing Power, becau&s;e his Power extends over all his People. <HI>Bracton</HI> declares it more fully and exactly, by hand|ling it on purpo&s;e in the 8th Chapter of his fir&s;t Book, where having &s;hew|ed the Rea&s;on of the Kings Supe|riority
<PB N="48" REF="32"> over his Subjects, he then po&s;itively declares the Con&s;titution of the Kingdom in the&s;e words; <HI>Sunt &s;ub Rege</HI> (&s;aith he) <HI>liberi homi|nes,</HI> &amp;c. reckoning up there the De|grees of all the Subjects, both Lords and Commons; and then addeth the&s;e words; <HI>Et omnis &s;ub eo, &amp; ip|&s;e &s;ub nullo, tantum &s;ub Deo.</HI> There are (&s;aith he) under the King Free|men of all &s;orts,<NOTE PLACE="marg"><HI>Bract.</HI> l. 1. c. 8.</NOTE> both Lords and Commons, and all under him, and he under none, but only under God. <HI>Omnis &amp; Nullus,</HI> are in Schools cal|led, <HI>&s;igna univer&s;alitatis,</HI> compre|hending the whole <HI>Species</HI> of men collectively, as well as every &s;ingular <HI>Individuum:</HI> and &s;o is it there ne|ce&s;&s;arily &s;o under&s;tood. For having reckoned up before the heads of the mixt people, he concludes, <HI>Omnis &s;ub eo, ip&s;e &s;ub nullo;</HI> which is to &s;ay, That all of the&s;e are under the King, and he not under them: And then pre&s;ently rai&s;eth an Objection, which is made at this day. If the King be over all his people, and he in no ca&s;e under them, in ca&s;e then that the King
<PB N="49" REF="32"> deny to do this people ju&s;tice, he pre|&s;ently makes this an&s;wer, <HI>Locus erit &s;upplicatoni quod facta &s;ua cor|rigat &amp; emendet; quod &s;i non fe|cerit, &s;atis &s;ufficit ei ad paenam, quod dominum expectet ultorem:</HI> That is, you mu&s;t Petition the King to amend his faults, which if he &s;hall not do, it is a &s;ufficient puni&s;hment to him, that God will be revenged on him. The like he &s;peaketh in another place: <HI>Rex omnes potentia praecellit,</HI> &amp;c.<NOTE PLACE="marg"><HI>Bract.</HI> lib. 2. cap. 9.</NOTE> The King exceeds all people in Power; But yet (&s;aith he) his heart is in the hand of God, lea&s;t that power &s;hould prove Tyrannicall. So by the Oath of Supremacy, the King is &s;aid to be the only Supreame Governour with|in his Dominions, in all Cau&s;es,<NOTE PLACE="marg">1 <HI>Eliz.</HI> cap. 1.</NOTE> <HI>&amp;c.</HI> without exception, which particle <HI>Onely,</HI> excludes all co-ordinate pow|er with him by his Subjects, much more a Superiour Power. And <HI>Ex|clu&s;io firmat regulam in non exceptis,</HI> as they &s;ay in Schooles, The 37^t^h Ar|ticle of Religion is more fully con|firmed for Law, by the Statute in the 13. year of <HI>Eliz.</HI> which &s;aith; <HI>The
<PB N="50" REF="33"> King hath the chiefe&s;t Power in this Realme of</HI> England,<NOTE PLACE="marg">Art. 37.13. <HI>Eliz.</HI> cap. 12.</NOTE> <HI>unto whom the chief Governement of all E&s;tates of this Realme doth appertain,</HI> &amp;c. which is as much to &s;ay, as that he hath the chief Government of all the people of the Realme, whether in a collective or repre&s;entative body, compri|&s;ed under the E&s;tates of Nobili|ty, Gentry, and Commons. This made Sr. <HI>John Markham,</HI> Lord Chief Ju&s;tice of <HI>England</HI> tell King.<NOTE PLACE="marg">1 <HI>Hen.</HI> 7.4.</NOTE> <HI>Edw.</HI> the 4. that he could not Arre&s;t any man for &s;u&s;picion of Trea&s;on or Felony, as any of his Subjects might, becau&s;e that if he did any of his Subjects wrong, they could have no Action again&s;t him, in that all originall writts are in the Kings name and he cannot &s;ue him|&s;elfe. But a fuller proof for the Law, and con&s;titution of the Kingdome in this point, is the Statute of 24. <HI>Hen.</HI> 8. cap. 2.<NOTE PLACE="marg">24. <HI>Hen.</HI> 8. c. 12</NOTE> where the Realme of <HI>England</HI> is acknowledged to be an <HI>Empire, and &s;o hath been accepted in the world, governed by one Supreame Head and King, having the dignity and Roy|all e&s;tate of the Imperiall Crowne of
<PB N="51" REF="33"> the &s;ame, unto whom a body poli|tick, compact of all &s;orts of people, divided in termes by names of &s;pi|ritually and temporalty, been bounden over to bear next to God a naturall and humble obedience;</HI> where it is &s;hewed.</P>
<P N="1">1. that <HI>England</HI> is an Empire, and &s;o was King <HI>Edgar</HI> &s;tiled, <HI>Totius An|gliae imperator:</HI> And Empire and Emperors hold their Tenure next un|der God; <HI>Colimus imperatorem tan|quam &agrave; Deo &s;ecundum, &amp; &s;olo Deo minorem,</HI> &s;aith <HI>Tertullian.</HI><NOTE PLACE="marg">Co. <HI>4.</HI> rep in Praefat. ex Chart. <HI>Edgard. Tertul.</HI> ad Scap.</NOTE></P>
<P N="2">2. That the King of <HI>England</HI> is head, not of &s;ingle people, but of a body Politick, Collective of all &s;orts of people; Repre&s;entative, of degrees of people, the terms of &s;piritualty and temporalty.</P>
<P N="3">3. That this Collective and Re|pre&s;entative body, do owe to the King as a debt, a duty, not a courte&s;ie, all naturall and humble obedience without putting conditions on it.</P>
<P>Hence it is that the two Hou&s;es of Parliament, being the Repre&s;entative body of the Kingdome, do in their
<PB N="52" REF="34"> Bills of Parliament tendred to the King,<NOTE PLACE="marg">1. <HI>Eliz.</HI> cap. 4. 1. <HI>Jac.</HI> c. 1. 2. <HI>Jac.</HI> c. 2.</NOTE> &s;tile them&s;elves &s;ometimes, your mo&s;t humble, faithfull, and obe|dient Subjects; &s;ometimes, your mo&s;t humble and loyall Subjects; and &s;ometimes, your mo&s;t loyall, faithfull, and true-hearted Subjects. And it is impo&s;&s;ible, mo&s;t humble, faithfull, o|bedient, loyall, and true-hearted Sub|jects, &s;hould have a coercive, coactive, and punitive power, over their Liege-Lord. With this Law the prayers of the Church of <HI>England</HI> do agree, e&s;ta|bli&s;hed by three &s;everall Acts of Par|liament, and u&s;ed in the times of four Princes, King <HI>Edw.</HI> 6. Queen <HI>Eliz.</HI> King <HI>James,</HI> and King <HI>Charles;</HI> by which the Mini&s;ters of <HI>England,</HI> in be|half of all the people do acknowledg, that God is the King of Kings, and the only Ruler of Princes; that King <HI>Charles</HI> is their gracious Lord and So|veraigne; And that having Gods au|thority, they prayed that they may faithfully &s;erve, honour, and humbly obey him; that God would endue him plenteou&s;ly with heavenly gifts; that he would grant him in health
<PB N="53" REF="34"> and wealth long to live, &s;trengthen him to vanqui&s;h and overcome all his enemies, and after this life attain e|verla&s;ting joy and felicity. And I am pea&s;waded, That if the&s;e Pray|ers for the King, and that of the Hou&s;e of Commons by their Speaker (that <HI>God would &s;o unite the hearts of King and People, that they might never be divided,</HI>) had been &s;till u&s;ed, we had not &s;een &s;uch mi|&s;erable dayes. But the fulle&s;t of all and unto which I will add no more authorities, is the po&s;itive Doctrine of the whole Church of <HI>England,</HI> confirmed by Act of Parliament, in the&s;e words,<NOTE PLACE="marg">3 Hom. of obedience. Artic. of Rel. 35. Stat. 13. <HI>Eliz.</HI> cap. 12.</NOTE> <HI>This is Gods Ordinance, Gods Comman|dement, and Gods holy will; That the whole body of every Realme, and all the parts and members of the &s;ame, &s;hall be &s;ubject to their Head, their King.</HI></P>
<P>And though this Law &s;o univer|&s;ally con&s;ented to, and not di&s;a|greeing with Right and Ju&s;tice, is a &s;ufficient ground to cau&s;e every good man to believe and obey it,
<PB N="54" REF="35"> according to that of the Poet,
<Q LANG="lat"><L>Vir bonus e&s;t quis?</L>
<L>Qui con&s;ulta patrum, leges qui juraque &s;ervat.</L></Q> Yet I will in the next place give &s;ome Rea&s;ons for it.</P>
<P><MILESTONE N="1" UNIT="Rea&s;."> The fir&s;t Rea&s;on is taken from the nature of this Governement, being Monarchy, The Governement by which God Governs all the world, the government by which the <HI>Sun rules the day;</HI> the governement which God in&s;tituted in Paradice, when he cre|ated <HI>Adam,</HI> making him a Man and a King at once, giving him the Com|mand over all creatures, e&s;pecially his own family, in which the King&s;hip continued in him, and the Primoge|niture of his Family for <HI>above</HI> 2000 <HI>years;</HI> So that Kingly Government, and that of Families, having their ori|ginall together, differ not in nature but in extent (King&s;hip being nothing el&s;e but an orderly rule over multiply|ed families, under one governour in chief) Now the Law of <HI>England</HI> be|ing<NOTE N="*" PLACE="marg">34. <HI>Hen.</HI> 6.40. 12 <HI>Hen.</HI> 8. 2. <HI><GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ol.</HI> 7. <HI>Hen.</HI> 8. <HI>Ket. rep. D. &amp; St.</HI> cap. 6.</NOTE> founded on the Law of God, re|&s;embles
<PB N="55" REF="35"> the Soveraigne Power over Subjects like that of families; and therefore the King of <HI>England</HI> is called in our Books of Law,<NOTE PLACE="marg">11 <HI>Rep.</HI> f. 20.</NOTE> <HI>Parens patriae &amp; paterfamilias totius regni;</HI> the fa|ther of all his Subjects, and the whole Kingdome to be but the family, of which he is the Head. And therefore what the ble&s;&s;ed Apo&s;tle ob&s;erves of his <HI>I&s;rael,</HI> I may ob&s;erve the &s;ame of our <HI>England, We have had</HI> (&s;aith he) <HI>the Fathers of our fle&s;h correcting us,</HI><NOTE PLACE="marg">Heb. 12.9.</NOTE> <HI>and</HI> (in&s;tead of re&s;i&s;ting) <HI>we gave them reverence;</HI> But who ever &s;aw children beating their parents, but with horrour and amazement: the like may be &s;aid of Subjects fighting, beating, and depo&s;ing their Kings; And how|&s;oever by the judgement of God, and as a plague upon this Kingdome, &s;uch abominable Acts have been done by Parliaments, witne&s;s tho&s;e tragick examples of the two &s;econd Kings of their name, <HI>Edward</HI> and <HI>Richard,</HI> co|loured under a mi&s;hapen form of Law, by two traiterous and perjur'd Judges of the Realme, <HI>Tru&s;&s;ell</HI> and <HI>Thirning,</HI> (the wor&s;t of their name, and the inde|lible
<PB N="56" REF="36"> &s;teine of their profe&s;&s;ion) yet what became of the prime Actors in that bloudy &s;cene, and how God re|venged the bloud of tho&s;e Kings upon the whole Kingdome, I referre my Reader to the learned Pen of the mo&s;t famous Hi&s;torian of our time,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> W. Raul. Praf.</NOTE> for a large and exact relation of &s;o &s;ad and bad a &s;tory.</P>
<P><MILESTONE N="2" UNIT="Rea&s;."> My &s;econd Rea&s;on is taken from the regard the Law hath to the per|&s;on of the Supreame Governour,<NOTE PLACE="marg">11 <HI>Rep.</HI> f 20. <HI>Hen.</HI> 7.</NOTE> e|&s;teeming him the Head of the Law, and the Fountain of Ju&s;tice, and cal|ling him <HI>Capitalis Ju&s;ticiarius toti|us Angliae;</HI> Now both Law and Ju|&s;tice, &s;hould ill provide for the King, if they &s;hould leave him to the corre|ction and puni&s;hment of his own Sub|jects; For then it would be impo&s;&s;ible for him to be &s;afe, whether good or bad; Nay good Princes would here|by be in the wor&s;t condition. For this being true, that farre the greater part of the people are wicked, and wicked people do naturally hate good Princes, even for their goodne&s;s, (as <HI>David,</HI> a King and a good King &s;peaks of him|&s;elf,
<PB N="57" REF="36"> <HI>P&s;al.</HI> 38.20. <HI>They al&s;o that ren|der evill for good are my adver&s;aries, becau&s;e I follow the thing that good is,</HI>) it will con&s;equently follow, that good Princes are in the wor&s;t conditi|on, if it &s;hould be in the Power of the people to puni&s;h them. For it hath been found true in all ages, that the be&s;t of Princes have had the mo&s;t re|bellions again&s;t them: Infinite exam|ples might be produced, I &s;hall name but two or three. <HI>David</HI> we know was a King after Gods own heart, and yet as good as he was, he was not free from many trea&s;ons and rebellions again&s;t him; Whereas of <HI>Mana&s;&s;es</HI> a mo&s;t wicked and Idolatrous King, and who Raigned much longer, we read not &s;o much as of on trea&s;on or rebellion again&s;t him all his long Raigne of five and fifty years, My next in&s;tance &s;hall be nearer home; Tho&s;e two matchle&s;s Princes for piety and vir|tue, children of one Father, King <HI>Ed|ward,</HI> and Queen <HI>Elizabeth,</HI> &s;carce a year in either of their Raignes pa&s;&s;ed over their heads without &s;ome trea|&s;on, rebellion, or in&s;urrection, plot|ted
<PB N="58" REF="37"> or acted again&s;t them by their own Subjects. And for this cau&s;e it is that the Law hath left the King to the judg|ment of the highe&s;t judge. For if the Subject &s;hould judge him, it mu&s;t be by &s;ome proce&s;s of Law, which is al|together in the Kings name, and it is ab&s;urd to think, that the King can ei|ther &s;ue or judge him&s;elf. And there|fore in the Writ of A&s;&s;ize of <HI>Darreyn Prae&s;entment,</HI><NOTE PLACE="marg">Fitz. nat. brev. <HI>31. F.</HI></NOTE> which in the ca&s;e of the Subject runnes thus; <HI>Rex Vicecom'.</HI> &amp;c. <HI>&s;alutem, &s;i A. fecerit te &s;ecurum,</HI> &amp;c. <HI>tunc &s;umon'. per bonos Cummo|nitis,</HI> &amp;c. But in the Kings ca&s;e, the words <HI>&s;i,</HI> &amp;c. <HI>fecerit te &s;ecurum,</HI> are left out, in that the King, for the dig|nity of his per&s;on, cannot find pledg|es, for then he might be amerced or puni&s;hed for want of them, which is again&s;t the nature of royall Maje&s;ty: Be&s;ides how is it po&s;&s;ible the King &s;hould be tri'd, he having no Peers, when all Tryall in Law is <HI>per paeres,</HI><NOTE PLACE="marg">Bracton.</NOTE> Monarchy and Peers being as in|compatible and incon&s;i&s;tent as order and confu&s;ion.</P>
<P><MILESTONE N="3" UNIT="Rea&s;."> My third Rea&s;on is taken from the
<PB N="59" REF="37"> nature of the people, impatient of the yoake, and apt to quarrel with governement, be it never &s;o good,<NOTE PLACE="marg">Plutarch.</NOTE> <HI>Omni enim populo ine&s;t malignum quiddam &amp; querulum in imperantes:</HI> And therefore it is that the Law of <HI>England</HI> hath exalted the Thrones of Kings above the reach of the people, and &s;ubmitted them to God: And it is for the benefit and &s;afety of the people it &s;hould be &s;o,<NOTE PLACE="marg"><HI>Co. In&s;tit.</HI> 1. <HI>part</HI> f. 64.</NOTE> <HI>Imperii maje|&s;tas e&s;t tutelae &s;alus</HI> (&s;aith the Law) the dignity of the Prince is the peoples &s;ecurity; And &s;o it hath fallen out in all ages, that &s;o long as the people upheld the Maje&s;ty of the King, &s;o long they have been happy; But as &s;oon as they for&s;ooke it, they them|&s;elves have been cru&s;ht to pieces un|der the fall. So it fell out at <HI>Athens,</HI> one of the mo&s;t flouri&s;hing Common|wealths in the world: The people weary of the Governement of their hereditary Kings, fir&s;t expelled them, &amp; then &s;et up <HI>Decennimicall Governors</HI> in their roomes; After that their <HI>Oly|garchy</HI> of four hundred Commoners, And after them their <HI>thirty Tyrants,</HI>
<PB N="60" REF="38"> who brought their Commonwealth to utter ruine; And thus it was with poore <HI>England</HI> in the dayes of King <HI>John</HI> and King <HI>Hen.</HI> 3. his &s;onne, when the Lords and Commons waged warre again&s;t the&s;e Princes, a&s;&s;umed the Go|vernement of <HI>England</HI> to them&s;elves, and deputed it into the hands of twen|ty four Commi&s;&s;ioners; took King <HI>Hen.</HI> 3. and <HI>Edward</HI> his &s;onne, and kept them Pri&s;oners in <HI>Killingworth</HI> Ca&s;tle for almo&s;t two years. But what was the i&s;&s;ue of this glorious mi&s;rule, which la&s;ted fir&s;t and la&s;t al|mo&s;t three&s;core years? what good had the people by it? I will tell you in the language of <HI>Tacitus, Auferre tru|cidare, rapere pro imperio habent, atque ubi &s;olitudinem fecerint, hoc pa|cem appellant;</HI> to rob them, to &s;poile them, to kill them, was all the ju&s;tice they had; And when they were &s;tript of all, and their po&s;&s;e&s;&s;ions laid wa&s;te and de&s;olate, that was accounted there Peace. And what the&s;e Lords of mi&s;|rule gained by it, the Statute called <HI>Dictum de Killingworth</HI> tells us.<NOTE PLACE="marg">V. M. Cha&s;t. Anno. <HI>1556. 51.</HI> Hen. <HI>3.</HI></NOTE> They were all glad to compound with that
<PB N="61" REF="38"> mercifull King for their fines and ran|&s;ome, at that very Ca&s;tle where they kept him Pri&s;oner. Hence it came to pa&s;s, that the poore Commoners of <HI>England</HI> (&s;o made, by the low and de|jected &s;tate of the Crown, in the dayes of King <HI>Rich.</HI> 2.) joyned with the Lords by Petition in Parliament to the King:<NOTE PLACE="marg">Rot. Par. <HI>14.</HI> R. <HI>2.</HI> n. <HI>15.</HI></NOTE> That the Maje&s;ty and Prero|gative of his Crown might be main|tained and kept, And that all things done to the contrary might be redre&s;|&s;ed, knowing that mens private e&s;tates are not &s;afe, when the Crown is not &s;ecure: And therefore the &s;pirit of truth commands us in the fir&s;t place to pray for Kings, That under them <HI>we may lead a quiet and peaceable life in all godline&s;&s;e and hone&s;ty;</HI><NOTE PLACE="marg">1 Tim. 2.2.</NOTE> Inti|mating, that when the Crown is di|&s;turbed, no quietne&s;s, no peace, no godline&s;s, no hone&s;ty is to be found in that Kingdome. I will &s;hut up this in the ob&s;ervation of <HI>Comines,</HI> a great and wi&s;e State&s;-man, <HI>That he never knew a man in all his life, that &s;ought to put in fear, or hold his Prince in &s;ub|jection, that ever came to good end.</HI></P>
<P N="4"><PB N="62" REF="39">4. The&s;e among&s;t divers more are the Rea&s;ons of Law in this point, touching the Supremacy of Kings. I come now to the Objections, all of them con&s;i&s;ting upon di&s;tinctions, which often argue a galled con&s;cience, as if con&s;cience told them this to be true, but were willing to be cheated into errour by a di&s;tinction, and then it falls out to be true, what was &s;po|ken by a judicious Divine,<NOTE PLACE="marg">Hooker <HI>Eccl.</HI> Pol.</NOTE> <HI>That obe|dience accompanied with unwilling|ne&s;s to obey, is no better than di&s;obe|dience.</HI></P>
<P><MILESTONE N="1" UNIT="Object."> Fir&s;t they object, This obedience to Kings is not ab&s;olute, but upon condition, &s;o that they governe accord|ing to Law?</P>
<P><MILESTONE UNIT="An&s;w."> The Law of <HI>England</HI> makes no &s;uch di&s;tinction, as I have &s;aid and proved before, <HI>Et ubi lex non di&s;tinguit, nec nos di&s;tinguere debemus.</HI> Neither could I ever read, that any Monar|chy in the world was &s;o founded. For as for that of the <HI>Ephori</HI> among&s;t the <HI>Lacedemonians,</HI> and the <HI>Demarchy,</HI> a|mong&s;t the <HI>Athenians,</HI> which are com|monly objected, for the power they had
<PB N="63" REF="39"> of the coer&s;ion of Kings: It is well known, that they were both of them u&s;urpations, and contrary to the fir&s;t foundation and con&s;titution of the Go|vernement of tho&s;e famous Cities, <HI>A|thens</HI> and <HI>Sparta.</HI></P>
<P>But they &s;ay, though the Law have <MILESTONE N="2" UNIT="Object."> no &s;uch expre&s;s condition, yet it is implyed in this manner; Kings are or|dained for the good of the People, and therefore if they rule to their hurt, the people may right them&s;elves.</P>
<P><MILESTONE UNIT="An&s;w."> This is an ab&s;urd con&s;equence, that &s;hakes the foundation of all Governe|ment, for Pa&s;tors, Husbands, Fa|thers, Ma&s;ters, are ordained for the good of their flock, their wives, their children and &s;ervants, if they di&s;charge not their &s;everall duties to all the&s;e, they by this rea&s;on may be no longer obeyed by them, And &s;o by this means Inferiours &s;hall Lord it over Superiours, contrary to the order of Nature, Rea&s;on, and Law; No, but the Argument holds thus; Pa&s;tors, Husbands, Parents, Ma&s;ters, <HI>&amp;c.</HI> being ordained by God, to governe their flock, their wives, their children,
<PB N="64" REF="40"> and &s;ervants, in godline&s;s and hone&s;ty, &s;hall &s;everely an&s;wer to God for breach of this tru&s;t committed to them by him if they governe ami&s;s.</P>
<P><MILESTONE N="3" UNIT="Object."> But Kings are not the Ordinance of God but of men, for it's &s;aid 1 <HI>Pet.</HI> 2.13. <HI>Submit your &s;elf to every or|dinance of man,</HI> &amp;c. <HI>whether to the King as Supream.</HI></P>
<P><MILESTONE UNIT="An&s;w."> Many learned Expo&s;itions are gi|ven of this place by very learned Di|vines, D^r <HI>Hammond</HI> and others. I &s;hall for the pre&s;ent only content my &s;elf with that brief one of <HI>Pi&s;cator,</HI> who expounds it, <HI>Ratione &s;ubjecti non ratione cau&s;ae,</HI> That is, Kings are &s;aid to be the Ordinance of men, as they exerci&s;e their Authourity among&s;t men, not as men are Authors of their Authority, for that only belongs to God; and therefore the King is called <HI>Rom.</HI> 13. <HI>the Mini&s;ter of God;</HI> and the words of that Text intimate &s;o much, that this &s;ubjection &s;hould be unto Kings, <HI>Dei cau&s;a, for the Lords &s;ake,</HI> for only <HI>by him Kings Reigne, Prov.</HI> 8. Like as it is of Mini&s;ters of the Go&s;pel, they have impo&s;ition of
<PB N="65" REF="40"> hands from men, and preach to men, but their function and authority is from God, and therefore they are called, <HI>Mini&s;ters of God, and of Je&s;us Chri&s;t.</HI></P>
<P N="4">4. It is objected, that the King is not King till he be Crowned, and then at his Coronation he promi&s;eth by Oath to his people three things, &s;aith <HI>Bracton.</HI> 1.<NOTE PLACE="marg">Bracton Lib. <HI>2.</HI> Sanf. pl. Cor.</NOTE> To &s;ee the peace of the Church and people be kept. 2. To repell all force, and keep his peo|ple from wrong. 3. That in all his judgements he exerci&s;e Ju&s;tice and Mercy; Now if he performe not the&s;e Conditions, the people are free, and not bound to obey.</P>
<P><MILESTONE UNIT="An&s;w."> It is neither &s;o nor &s;o,<NOTE PLACE="marg">C. 7. <HI>Rep. Calvins</HI> ca&s;e.</NOTE> for Kings are ab&s;olute Kings before they be Crowned, for Coronation is not e&s;|&s;entiall to the King, but only orna|mentall: <HI>Edward</HI> the 4^t^h called his Parliament before he was Crowned, &s;o did King <HI>Hen.</HI> 6. call divers, being not Crowned till the 10^t^h year of his Raigne; and it was adjudged in the Ca&s;e of the Lord <HI>Cobham,</HI><NOTE PLACE="marg"><HI>Cok.</HI> 3. In&s;t. 1. <HI>Hen.</HI> 7.</NOTE> S^r <HI>Walter Rawley,</HI> &amp;c. 1. <HI>Jac.</HI> that to con&s;pire
<PB N="66" REF="41"> the death of the King before his Co|ronation was High-Trea&s;on.</P>
<P N="2">2. The Oath he takes at his Co|ronation to performe tho&s;e recited promi&s;es to his people, is not Condi|tionall, neither doth any clau&s;e in it &s;ound like a Condition, unle&s;s they will have it to be in the conclu&s;ion of the Oath, which then al&s;o makes a|gain&s;t them; for the words are, <HI>Ita me Deus adjuvet,</HI> Let God deal thus and thus with me, if I performe not the Oath made to him: It is not, <HI>Ita me juvet populus,</HI> Let the people do &s;o and &s;o to me. And the Perjury of Princes is tryed at Gods Barre, not at mans.</P>
<P><MILESTONE N="5" UNIT="Object."> It is confe&s;&s;ed to be true, that the King is greater than any one &s;ingle per&s;on in the Kingdome, but he is not greater than all the people of the Kingdome put together, And there|fore a new di&s;tinction kindled from a new-found-light of <HI>&s;ingulis major</HI> and <HI>univer&s;is minor,</HI> infu&s;ed into &s;ome people, have made them &s;well at this day till they are ready to bur&s;t; which being &s;trictly examined, will prove
<PB N="67" REF="41"> nothing el&s;e but <HI>bulla bullata,</HI> a blown bubble, which experience tells us, is nothing till it be blown, and quickly blown into nothing: And therefore I will give it a twofold an&s;wer.</P>
<P><HI>Major</HI> and <HI>Minor</HI> are terms of quantity, <MILESTONE UNIT="An&s;w."> as <HI>magis</HI> and <HI>minus</HI> are termes of quality. Now in things of quantity, the di&s;tinction of <HI>&s;ingulis major,</HI> and <HI>univer&s;is minor,</HI> holds true; but not in things of quality, (quantity and quality being of &s;everall natures, and belonging to &s;everall Predicaments,) as for example, a Schoolema&s;ter of a Schoole is for the mo&s;t part in re&s;pect of quantity of body greater than any Boy of the Schoole, and le&s;s than all put toge|ther; But that man de&s;erves to be whipt that will affirme, that in re&s;pect of power and authority, he is not greater than all the Boyes in the Schoole put together, he having power to correct them, not they him.</P>
<P>So, and much more may it be &s;aid of Kings and Princes, that they are in power and dignity <HI>univer&s;is majores,</HI>
<PB N="68" REF="42"> greater than all the people joyned to|gether, in that the whole people make but one body Politick, of which the King is the Head, and hath as much power and &s;uperiority over that Body politick without check or controll, as the head of any man hath over the na|turall body, for &s;o is the re&s;emblance of Law.</P>
<P>Secondly, I an&s;wer, the Kings Su|premacy doth not as other Powers re|ceive their efficiency from naturall and inferiour Cau&s;es, for his preferment doth not &s;pring from the du&s;t, but from him who &s;tiles him&s;elf the King of Kings, and Lord of Lords, who re|moveth Kings, and &s;etteth up Kings, as <HI>Daniel</HI> &s;peaks.<NOTE PLACE="marg">Dan. 2.21.</NOTE> And therefore the Kings Authority being from him, it cannot po&s;&s;ibly be &s;ubject to any infe|riour Magi&s;tracy which derives it &s;elf only from the Prince; for not only all &s;ingle-Per&s;ons within the Realme, but all Corporate and Repre&s;entative Bo|dies derive their dignity and power from him, and acknowledg in their entire and univer&s;all capacities, to owe unto him all humble obedience, as it
<PB N="69" REF="42"> is expre&s;&s;ed in the Statute of 24. <HI>Hen.</HI> 8.<NOTE PLACE="marg">24. <HI>Hen.</HI> 8. c 12.</NOTE> And then it nece&s;&s;arily follows accord|ing to that Maxime in Schooles, <HI>Quic|quid efficit tale, illud magis tale,</HI> He that as Head gives power to his Subjects, cannot him&s;elf be &s;ubject to that power he gives.</P>
<P>The &s;ixth and la&s;t Objection, and <MILESTONE N="6" UNIT="Object."> the mo&s;t Giant-like, from whence all other Objections, like hands from the &s;houlders of <HI>Briareus,</HI> are derived from two new coined di&s;tinctions from new men, and of a new Mint, <HI>viz.</HI> A Sub|ordinate Power to the King, and a Co-ordinate Power with the King; An actuall power or pre&s;ence of the King, and a virtuall power or pre&s;ence of the King: and upon the&s;e two di|&s;tinctions the Objection &s;tands thus. When the King, Lords and Com|mons meet in Parliament, they meet as three E&s;tates, The King the fir&s;t, the Lords the &s;econd, and the Com|mons the third. The&s;e three (&s;ay they) in the pa&s;&s;ing of Bils have a Co|ordinate power. So that if the Lords and Commons do pa&s;s a Bill, and the King refu&s;e it, yet it &s;hall pa&s;s as a
<PB N="70" REF="43"> Law, by virtue of two Co-ordinate powers again&s;t the third power, and &s;o the King &s;hall have no negative voice. And in ca&s;e the King &s;hall be ab&s;ent from Parliament, whereby he cannot a&s;&s;ent, then by rea&s;on of a virtuall power of a King, which in ca&s;e of his ab&s;ence is ve&s;ted in the two Hou&s;es, the con&s;ent of the two Hou&s;es &s;hall in|clude his a&s;&s;ent, and &s;o &s;hall pa&s;s as a Law by way of Ordinance: So that in both ca&s;es, the &s;cope and drift of the Objection is to exclude the King from having any Negative voice.</P>
<P><MILESTONE UNIT="An&s;w."> Admitting this di&s;tinction to be true (though I can &s;hew divers Parliaments which make the King more than a third e&s;tate,) I &s;hall notwith&s;tanding give this an&s;wer; That this being an Objection &s;o greatly countenanced by men of the Gown, I will not be &s;o uncivill, as to &s;ay it is ab&s;urd, irratio|nall, and illegall; But I will crave leave to endeavour to prove all the&s;e three.</P>
<P>For the fir&s;t; If the King and Lords which (as they &s;ay) are two the great|e&s;t E&s;tates in Parliament, (though in
<PB N="71" REF="43"> truth the King be more than an E|&s;tate) &s;hould agree upon a Bill, and the Hou&s;e of Commons &s;hould refu&s;e to agree to it; yet if this &s;hould be true, as is objected, then the two Co-ordinate powers (as they &s;peak) of King and Lords a&s;&s;enting to the Bill, &s;hould over-rule the third, not a&s;&s;enting to it, and &s;o the Bill &s;hould pa&s;s as a Law to bind the whole King|dome, without the Hou&s;e of Com|mons: Or put the ca&s;e the Hou&s;e of Commons &s;hould ab&s;ent them&s;elves, (Speaker and all) as it is not time out of mind that &s;uch a ca&s;e hath been, yet the two other Co-ordinate Powers, in this ca&s;e of ab&s;ence, might by the like rea&s;on, by a kind of virtuall power, (I know not from whence) pa&s;s the Bill as a binding Law for the whole King|dome, which how ab&s;urd the&s;e Con|clu&s;ions are from the two former di|&s;tinctions, I leave to all the Com|mons of <HI>England</HI> to judg of: <HI>Eadem est lex, ubi par ratio;</HI> nay the rea&s;on is much &s;tronger in the Kings ca&s;e. For if the Lords and Commons which are the le&s;&s;er Powers, may exclude the
<PB N="72" REF="44"> Kings negative voice, which is the Supreame Power, much more may the King and Lords being the greate&s;t Powers, exclude the Commons which is the lea&s;t. And if &s;o, then what need is there of their pre&s;ence in Par|liaments; And if that, then what need of Parliaments? So endle&s;s are the ab&s;urdities that follow upon con|clu&s;ions, that ari&s;e from brainle&s;s di|&s;tinctions.</P>
<P>Secondly, It is irrationall; for how can it be thought rea&s;onable, that the King who hath the &s;ole right of Call|ing Parliaments at his will and plea|&s;ure, to give him coun&s;ell and advice touching tho&s;e weighty affairs, for which he cals them, &s;hould not have liberty to a&s;&s;ent or di&s;a&s;&s;ent to what both Hou&s;es advi&s;e, be it good or bad? Otherwi&s;e it will follow, that if they &s;hall tender him a Bill for the taking a|way the Rights of his Crown, which by his Coronation-Oath, he is bound to maintain, or tender him a Bill for his depo&s;ition or dethroning (as they did to tho&s;e two unfortunate Princes, <HI>Edw.</HI> 2. and <HI>Rich.</HI> 2.) he mu&s;t yield
<PB N="73" REF="44"> his a&s;&s;ent to tho&s;e Bils, in that the concurrence of the two other Co-ordi|nate Powers (as they call them) had taken away his Negative voice. What had become of our Religion at this day, if this had been either Law or Rea&s;on in the fir&s;t year of the Raign of Queen <HI>Elizabeth,</HI> when the Lords and Commons of that Parliament would never have aboli&s;hed Popery and the Ma&s;&s;e, had it been in their Power by Law, to have excluded that religious Queen of her Negative voice? But the Judges of the Realme (though all of them at that time Po|pi&s;hly affected, and) as learned men as any were either before, or &s;ince, knew no &s;uch Law, as by two illegall di&s;tinctions (as they are applyed) to de|prive the Crowne of its mo&s;t ancient Prerogative.</P>
<P N="3">3. But thirdly and chiefly, The two di&s;tinctions of Co-ordinate and Sub|ordinate Power, Actuall and Virtuall Pre&s;ence, as they are applied in the Objection, are again&s;t Law.</P>
<P>Co-ordination as well in Logick as in Law, are of things of the &s;ame rank,
<PB N="74" REF="45"> of the &s;ame dignity, and of the &s;ame order: As for example, four Judges of the Kings Bench are &s;aid to be Co|ordinate in Power, becau&s;e they are men of the &s;ame rank, of the &s;ame dignity, of the &s;ame power; and the like of the four Judges of the com|mon-Pleas, and the Barrons of the Exchequer. And the Kings Com|mi&s;&s;ion under his own broad-Seale (not any other) which gives them their dignity, is alike to them all. But it is otherwi&s;e in the high Court of Parlia|ment; the King &s;its there as the Su|preame Power, the Lords &s;it beneath his Throne all uncovered before him; the Commons &s;tand bare at the Barre; and both of them in all their publick Acts, where they &s;peak of him, ac|knowledge them&s;elves his humble and dutifull Subjects. So likewi&s;e, be|tween the Lords Hou&s;e, and the Com|mons Hou&s;e, there is a great difference in point of rank and order. For the Lords Hou&s;e is by divers Acts of Parliament,<NOTE PLACE="marg">33. <HI>Hen.</HI> 8. cap. 21. Co. 5. rep. 14. <HI>&agrave; Crompt.</HI> Juri&s;d. tit. Parl.</NOTE> and Book-ca&s;es, called the upper, or higher Hou&s;e; The Com|mons Hou&s;e is called, the neather or
<PB N="75" REF="45"> lower Hou&s;e. And when the&s;e Hou|&s;es &s;end to one another, the Com|mons &s;end Members of their own, on the me&s;&s;age; the Lords &s;end no Members, but only Attendants on their Hou&s;e. No Lord comes to the Commons Hou&s;e, much le&s;s &s;tands at the doore, and waits as the Commons do. And when both Hou&s;es meet at a Conference, the Lords &s;it with their Hats on, the Commons &s;tand before them with their Hats off, with many more differences of rank and order, di&s;proving a Co-ordination be|tween them, which for brevities &s;ake I omit. The truth is,<NOTE PLACE="marg">&lindx;</NOTE> that in pa&s;&s;ing of Bils there is a joynt concurrent a|greement of the King, and two Hou|&s;es of Parliament, which may be pro|perly called a Co-agreement, argu|ing a Co-a&s;&s;ent of will, but by no means can it be called a Co-ordinati|on, intimating a &s;amene&s;s in rank, dig|nity and power.</P>
<P>For the other di&s;tinction of actuall and virtuall pre&s;ence, or actuall and virtuall power, as it is apply|ed in the Objection, it is alike
<PB N="76" REF="46"> illegall, which will thus appeare.</P>
<P>Before the Statute of 33. <HI>Hen.</HI> 8. <HI>cap.</HI> 21. never any Bill pa&s;&s;ed in Par|liament for a Law (the King being within the Realme) by the Lords and Commons alone, without the Kings per&s;onall a&s;&s;ent in Parliament to the Bill, as he that gave life and being to the Law; And therefore their ancient Statutes ran in the Kings name alone, as the principall Agent and efficient in pa&s;&s;ing a Law, as the Statute of <HI>Mag. Charta,</HI> 9. <HI>Hen.</HI> 3. though made with the a&s;&s;ent of Lords and Commons, yet it runs in this forme, <HI>Henricus Dei grati&acirc;,</HI> &amp;c. <HI>Sciatis quod Nos in|tuitu Dei ad exaltationem Sanctae Ec|cle&s;iae, &amp; emendationem Regni no|&s;tri, &s;pontanea &amp; bona voluntate no|&s;tra dedimus &amp; conce&s;simus,</HI> &amp;c. <HI>has libertates &s;ub&s;criptas,</HI> &amp;c. So the Sta|tute of <HI>We&s;t.</HI> 1. in 3. <HI>Edw.</HI> 1. runnes thus;<NOTE PLACE="marg">41. <HI>Hen.</HI> 3. 52. <HI>Hen.</HI> 3. <HI>We&s;t.</HI> 2. c. 3. 28. <HI>Edw.</HI> 1. c. 5. 1. <HI>Edw.</HI> 2.</NOTE> <HI>Ceux &s;ont le e&s;tabli&s;hments, le Roy</HI> Edw. <HI>fitz l' Roy,</HI> Hen. <HI>faits &agrave; We&s;tminster.</HI> The like is &s;aid of the Statute of <HI>York,</HI> 12. <HI>Edw.</HI> 2. and many more, which for brevities &s;ake I have quoted in the Margin.</P>
<PB N="77" REF="46">
<P>Neither can any man alive give me one in&s;tance &s;ince Parliaments began in <HI>England,</HI> that while the King was within the Realme, in what condition &s;oever he was in, that ever any Act or Ordinance of Parliament pa&s;&s;ed as a Law without his per&s;onall a&s;&s;ent. I put the ca&s;e of the Kings being with|in the Land. For when he was nece&s;|&s;itated to go out of the Land, as <HI>Edw.</HI> 1. into the holy Land, <HI>Hen.</HI> 5. into <HI>France,</HI> they made by their Commi&s;|&s;ions a <HI>Cu&s;tos Regni,</HI> which &s;upplied the Kingly office, as <HI>William Long|champ</HI> Bi&s;hop of <HI>Eli,</HI> was made <HI>Cu&s;tos Regni,</HI> to <HI>Hen.</HI> 5. and the rea&s;on of the Law was plaine in it, for while the King is in <HI>England,</HI> he ought to Act as a King, by per&s;onall a&s;&s;ent|ing to Bils, one of the highe&s;t Acts of Maje&s;ty which he is to enjoy by Law.</P>
<P>But the Statute of 33. <HI>Hen.</HI> 8. <HI>cap.</HI> 21.<NOTE PLACE="marg">Stat. 33. <HI>Hen.</HI> 8. cap. 21.</NOTE> made a little alteration of the Law in the manner of pa&s;&s;ing of Bils, which Statute was made at the hum|ble de&s;ire of the Lords and Commons in Parliament, upon their impeach|ment
<PB N="78" REF="47"> of Queen <HI>Katherine Howard,</HI> (King <HI>Hen.</HI> 8. wife) of High-Trea&s;on, where they humbly be&s;eech the King, (<HI>for feare trouble &s;hould ari&s;e to his heart, and unquietne&s;&s;e to his mind, to the &s;hortning of his dayes,</HI> if he &s;hould appear in per&s;on in the Parlia|ment, and a&s;&s;ent to the Bill of her At|tainder,) To grant his Royall A&s;&s;ent to the Bill of her Attainder, by his Letters Pattents to be Signed with his own hand, and to be put under his Great Seal, and &s;o to be no|tified and publi&s;hed in the Higher Hou&s;e, <HI>&amp;c.</HI></P>
<P>Higher Hou&s;e (&s;o it is there called) to the Lords Spirituall and Temporall and Commons, there to be a&s;&s;em|bled; and &s;uch a&s;&s;ent by the Letters Pattents of the King, is declared to make a perfect Act for the Attainder of that Queen; and that no &s;cruple might be made hereof in time to come, concerning this particular, a generall provi&s;ion is there made for all future Parliaments in the&s;e words following.</P>
<P><HI>Be it declared by Authority of this
<PB N="79" REF="47"> pre&s;ent Parliament, that the Kings Royall a&s;&s;ent by his Letters Pattents under his Great Seale, and Signed with his hand, and declared and noti|fied in his ab&s;ence to the Lords Spi|rituall and Temporall, (and to the Commons A&s;&s;embled together) in the higher Hou&s;e, is, and ever was of as good &s;trength and force, as though the Kings per&s;on had been there per&s;onal|ly pre&s;ent, and had a&s;&s;ented openly and publickly to the &s;ame.</HI></P>
<P>In which Statute (which I have dili|gently peru&s;ed) the&s;e things are very ob&s;ervable.</P>
<P N="1">1. That before this Statute, the Kings per&s;onall and open a&s;&s;ent to Bils in Parliament, was &s;o requi&s;ite that they could not pa&s;s without it; which was the cau&s;e that made the Lords and Commons in tho&s;e di&s;mall Parliaments, in the dayes of tho&s;e two infortunate Princes, <HI>Edw.</HI> 2. and <HI>Rich.</HI> 2. to require their per&s;onal a&s;&s;ent to their own depo&s;ition by Act of Parliament, before they went to execute the &s;en|tence of depo&s;ition again&s;t them, which they like two weake Princes
<PB N="80" REF="48"> yielded unto, e&s;pecially the latter, who had he had but a piece of that Li|on-like heart of the fir&s;t of his name,<NOTE PLACE="marg"><HI>King</HI> Rich. <HI>1. called</HI> Ceur de Lyon.</NOTE> he would never have a&s;&s;ented to an Act of the Renunciation of his own Crown; and not only &s;o, but to &s;weare to it upon the Go&s;pell, never to im|pugne it in thought, word or deed, (&s;o &s;aith the Record of that Parlia|ment) and after to &s;ub&s;cribe to it with his own hand; and further in Con|firmation of it, pulled a Gold Ring off his finger, (being his Privy-Sig|net) and put it on the finger of his u&s;urping Succe&s;&s;or, the Duke of <HI>Lan|ca&s;ter.</HI> All which things he &s;o tame|ly yielded unto,<NOTE PLACE="marg">Rot. Parl. 1. <HI>Hen.</HI> 4. <HI>n.</HI> 13, 13, 15, 58, 59, 60.</NOTE> and when Chief-Ju&s;tice <HI>Thirning</HI> (too bad a man for &s;o good an office) upon that renunci|ation pronounced the &s;entence of depo&s;ition again&s;t him, the poore King gave him this pittifull an&s;wer, <HI>That he looked not after rule, but only hoped his Co&s;en would be a good Lord to him.</HI></P>
<P>Had this virtuall power of pa&s;&s;ing Bils by the two Hou&s;es, without the per&s;onall a&s;&s;ent of the King, been ta|ken
<PB N="81" REF="48"> for currant Law in tho&s;e dayes. The Judges of tho&s;e times would not have advi&s;ed <HI>Hen.</HI> 4. to obtain a per|&s;onall a&s;&s;ent e&s;pecially of an impri&s;on|ed King.</P>
<P N="2">2. And therefore the vanity of this virtuall power was well di&s;cerned by the Lords and Commons in that Parliament of 33 <HI>Hen.</HI> 8. as may ap|pear in this; That becau&s;e it was not thought convenient the King &s;hould per&s;onally a&s;&s;ent in Parliament to the Attainder of his own Queen, yet they devi&s;ed a way by that Act, whereby in &s;ub&s;tance he &s;hould do (in effect) the ve|ry &s;ame thing; for by his Letters Pat|tents he was to a&s;&s;ent to the Bill, and that virtuall a&s;&s;ent was to be Signed with his own hand, and the Commi&s;|&s;ioners appointed by the Letters Pat|tents to &s;ignifie his a&s;&s;ent to the Bill, were to notifie it to the Lords and Commons A&s;&s;embled in the Higher Hou&s;e, not as their own, but as the Kings a&s;&s;ent. What needed all this adoe and caution, if this new device of the virtuall Power in the two Hou&s;es would have &s;erved the turne.</P>
<P N="2"><PB N="82" REF="49">2. The &s;econd thing ob&s;ervable in this Act of 33. <HI>Hen.</HI> 8. is this, that the manner of a&s;&s;ent to Bils by the Kings Letters Patents, &s;eemed by that Act to be a doubt and ambiguity to the Lords and Commons, who thought that after-ages might confirme it &s;o; And therefore they made a generall provi|&s;ion by that Act, that for all time to come, the Kings Royall a&s;&s;ent to Bils, by his Letters Patents Signed with his hand, and notified by his Commi&s;|&s;ioners to the Lords and Commons, &s;hould be of as good force and &s;trength as if the King had per&s;onally appeared in Parliament, and openly a&s;&s;ented: Which &s;trongly implies, that out of tho&s;e two ca&s;es, no Bill in Parliament could pa&s;s by the Kings a&s;&s;ent. From whence then &s;hould this virtuall pow|er and pre&s;ence proceed, when neither given to the Hou&s;es by the King, nor created by Law, it is not ea&s;ie to be imagined, unle&s;s from &s;ome turbulent brain, like that of a Mono&s;yllable Judge in the dayes of King <HI>Edw.</HI> 2. (the wor&s;t kind of Judge, when op|po&s;ite to the Crown) called Judge
<PB N="83" REF="49"> <HI>Inge,</HI> who delivered it for Law, that the Lords of the upper Hou&s;e without the King and Commons might make Ordinances, di&s;place offi|ces, <HI>&amp;c.</HI> and had a joynt regiment with the King, in the Government of the Kingdome; <HI>&amp;c.</HI> for which opinions notwith&s;tanding his great skill in the Law, he obtained among the Commons no other reputation, than of a learned Traytor.</P>
<P N="3">3. The third thing ob&s;ervable is this, That as it is a ju&s;t priviledge of the Lords and Commons in Parlia|ment, to a&s;&s;ent or di&s;a&s;&s;ent to Bils in Parliament, though never &s;o bene|ficiall to the Commonwealth, &s;o it is likewi&s;e an undoubted prerogative in the King, being the Highe&s;t E&s;tate in Parliament to have that power and pri|viledg. And therefore the Lords and Commons do in that Parliament hum|bly de&s;ire the King, that for the en|tire love and affection he beareth to the Common-wealth, for the con&s;er|vation of his own Maje&s;ty, and for the peace and unity of all his Subjects, he would pa&s;s that Act of Parlia|ment, which plainly &s;heweth, that the
<PB N="84" REF="50"> King had a negative voice as well as they, and might a&s;&s;ent or di&s;a&s;&s;ent at his plea&s;ure, and an undoubted right of his Crown, as might be proved by infinite examples in all times.</P>
<P N="4">4. The fourth and la&s;t thing ob&s;er|vable in that Act is this, That when an Act is pa&s;&s;ed by both Hou&s;es of Parliament, yet it is not perfect, nor can be put in execution as a Law, till after the Kings royall a&s;&s;ent, and &s;o is the expre&s;&s;ion of the Lords and Com|mons in that Act of Parliament, <HI>That his Maje&s;ty would grant his royall a&s;&s;ent to that Act, that &s;o after that, it might stand as a perfect Act, and be put in due execution accordingly.</HI> And &s;o was the Law ever taken by tho&s;e two famous Lawyers and Parli|ament men, the Lord <HI>Cook,</HI> and M^r <HI>Plowden,</HI><NOTE PLACE="marg">Plow. <HI>fol.</HI> 79. <HI>Co. Com. Lit.</HI> fol 90.</NOTE> in their learned writings of the Law. But concerning this ne|gative voice of the King, I &s;hall have occa&s;ion to re&s;erve it hereafter for a longer di&s;cour&s;e, concerning the Pri|viledges of the E&s;tates in Parliament, what belongs to the King as he is King, and the Supreame E&s;tate in Parlia|ment; What belongs to the Lords cal|led
<PB N="85" REF="50"> in &s;undry Acts of Parliament, the Higher Hou&s;e and what belongs to the Commons called in the&s;e Acts the low|er Hou&s;e, a work not done by any, and yet not much difficult to be done But I cannot yet performe it, till I can reco|ver tho&s;e Notes and Collections I have made out of divers Records of Parliaments, which are now by the&s;e unhappy times devided from me, and I from them.</P>
<P>And thus have I endeavoured to an&s;wer the main Objections again&s;t this Soveraigne Power of the Crown of <HI>England,</HI> and cleared it from the Di&s;loyall a&s;per&s;ions of undutifull men; And therefore &s;hall now in the next place handle the exerci&s;e of this Soveraigne Power in the two la&s;t Conclu&s;ions, and &s;o make an end.</P>
<P>The fifth Conclu&s;ion is this, That <MILESTONE N="5" UNIT="Conclu&s;."> this Soveraigne Power is given to the King, as well for the pre&s;ervation of him&s;elf, as for the governement of his People in Peace and &s;afety, for the performance whereof the Law of <HI>Eng|land,</HI> doth furni&s;h him with the power
<PB N="86" REF="51"> of the Sword, and annexeth to his Crown the Soveraigne Command of the <HI>Militia,</HI> and therefore he is by our Law called, the chief Captain of all Chivalry within his Dominions. This unque&s;tionable Prerogative of the Crown,<NOTE PLACE="marg">Plow. <HI>Com.</HI> fol. 268. <HI>a.</HI></NOTE> I could prove by many Arguments derived from the Law of God, the Law of nature and rea&s;on, the Law of Nations, and mo&s;t abun|dantly from the Imperiall Laws, di|ge&s;ted into a compleat Body by <HI>Ju&s;ti|nian,</HI> out of a va&s;t confu&s;ed heap of former Laws. From the&s;e Laws doth the common Law of <HI>England</HI> bor|row many grounds of Law, in &s;o much that in divers things a man cannot un|der&s;tand the depth of the Laws of <HI>England</HI> without &s;ome in&s;ight and knowledge in the Civil Law; and it is well known, that our ancient Lawy|ers, &s;uch as <HI>Glanvill, Bracton, Brit|ton,</HI> &amp;c. were well &s;tudied in the Ci|vill Law. But I intend a compendi|ous di&s;cour&s;e, and not a volume, and therefore &s;hall prove this point &s;uffici|ently by the common Law without the help of any Ground or Maxime
<PB N="87" REF="51"> taken from the former Laws, but on|ly of &s;uch as are incorporate into the common Law of <HI>England.</HI></P>
<P>In the very beginning and in the very fir&s;t words of <HI>Ju&s;tinians</HI> In&s;ti|tutes, (an exact Compendium of the fifty Books of his <HI>Pandects</HI>) it is thus &s;aid, <HI>Imperatoriam maje&s;tatem non &s;olum armis decoratam &s;ed etiam le|gibus opus e&s;&s;e armatam: ut utrumque tempus &amp; bellorum &amp; pacis recte po&s;sit guhernari;</HI> This Text of the Civill Law is admitted by Chief Ju&s;tice <HI>For|te&s;cue,</HI><NOTE PLACE="marg"><HI>De Laud. Leg. Aug</HI> cap. 1. fol. 4.</NOTE> to belong by the common Law to the Crown of <HI>England,</HI> and therefore as to the fir&s;t part concern|ing the <HI>Militia,</HI> I will fir&s;t prove it by ancient and &s;ound authourities in Law. 2. By many Acts of Parliament. And 3. I will give the Rea&s;ons of the Law in both, and &s;o conclude this fifth Propo&s;ition, re&s;erving the latter part concerning the Laws in the &s;ixt and la&s;t Conclu&s;ion.</P>
<P>Chief Ju&s;tice <HI>Glanvile</HI><NOTE PLACE="marg">Glanvil in Pro|lego.</NOTE> in his learn|ed Book of Law, Written in the time of <HI>Hen.</HI> 2. hath the&s;e words; <HI>Regiam Maje&s;tatem non &s;olum armis contra
<PB N="88" REF="52"> rebelles &amp; gentes &s;ibi regnoque in&s;ur|gentes oportet e&s;&s;e decoratam:</HI><NOTE PLACE="marg">Reg. Ma. in Praef.</NOTE> <HI>&s;ed &amp; legibus ad &s;ubditos &amp; populos pacifi|c&egrave; regendos decet e&s;&s;e ornatam.</HI></P>
<P><HI>Regia Maje&s;tas,</HI> A learned Trea|ti&s;e of Law Written at the &s;ame time thus &s;aith; <HI>Regi duo &s;unt nece&s;&s;aria, Arma quibus ho&s;tes debellet, leges quibus &s;ubditos pacific&egrave; regat.</HI></P>
<P><NOTE PLACE="marg">Lib. <HI>1.</HI> in Princip.</NOTE><HI>Bracton,</HI> A learned Judge of the Land, in the dayes of <HI>Hen.</HI> 3. thus Writeth; <HI>In Rege qui recte regit ne|ce&s;saria &s;unt duo haec,</HI> viz. <HI>Arma &amp; Leges;</HI><NOTE PLACE="marg"><HI>Cat. br.</HI> fol. 113.</NOTE> <HI>quibus utrumque tempus bel|lorum, &amp; pacis recte po&s;sit guber|nari.</HI></P>
<P>The <HI>Natura brevium,</HI> A Book of high e&s;teem in our Law, layeth down this for a Ground, <HI>Et e&s;t &agrave; entendre que le roy, doit de droit &s;auver &amp; de|fender &s;on Reaume vers la mere comme vers enemyes, q' il ne &s;oit &s;urround, ou dega&s;te &amp; de provider remedy pur ceo.</HI><NOTE PLACE="marg"><HI>Cook.</HI> 2. Rep.</NOTE> <HI>It is to be under&s;tood,</HI> (&s;aith that Book) <HI>that the King ought of Right to &s;ave and defend his Realm, as well again&s;t the Sea, as against ene|mies, that it be not &s;urrounded and
<PB N="89" REF="52"> &s;poiled, and to provide remedy for it.</HI></P>
<P>It is likewi&s;e re&s;olved for Law in <HI>Wi&s;emans</HI> ca&s;e, that to give Land to the King in con&s;ideration that he is head of the Commonwealth, pre&s;er|veth his people in Peace, and repel|leth the enemies of it, is no con&s;ide|ration in Law to rai&s;e a u&s;e; becau&s;e the King by his Office ought to do all this. And the rea&s;on of all the&s;e Authorities is upon this ground. The Law which tru&s;teth the King with the end, <HI>viz.</HI> the pre&s;ervation of his people in Warre and Peace, tru&s;teth him with the means to do it, <HI>viz.</HI> Armes and Laws. Many more Au|thorities might be cited, which for brevity I omit, and come in the &s;e|cond place to the Acts of Parlia|ment.</P>
<P>And the fir&s;t and mo&s;t ancient is that Law of King <HI>Canutus,</HI><NOTE PLACE="marg"><HI>Inter leges</HI> Ca|nuti. <HI>c.</HI> 10. <HI>Cook</HI> 2 In&s;tit. <HI>fol.</HI> 701. <HI>Lamb.</HI> 135. <HI>Cook.</HI> 1. In&s;tit. <HI>fol.</HI> 75.</NOTE> which was before the Conque&s;t; <HI>Qui pen|&s;ionem ad oppida ponte&s;ve reficiendos denegabit&punc; Militiamve &s;ubt<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">rfugerit, dabit Regi &s;i Anglus fuerit</HI> 26 <HI>&s;o|lidos;</HI> where it appears, that the Subject was bound as well to con|tribute
<PB N="90" REF="53"> to the Kings <HI>Militia</HI> (for that is the word there u&s;ed) as he was to contribute to the repair of high-wayes and Bridges; which &s;trongly inferres, That the King hath as much Soverign Power over the <HI>Militia</HI> of the King|dome, as he hath over high-wayes and Bridges.</P>
<P>Among&s;t the Laws of King <HI>Ed|ward</HI> the Confe&s;&s;our, it is thus pro|vided in the&s;e words: <HI>Debent enim univer&s;i liberi homines &s;ecundum feu|dum &s;uum &amp; &s;ecundum tenementa &s;ua arma habere, &amp; illa &s;emper prompta con&s;ervare ad tuitionem Regni &amp; &s;er|vitium Dominorum &s;uorum juxta prae|ceptum Domini Regis explendum &amp; peragendum.</HI></P>
<P>And <HI>William</HI> the Conquerour con|firmed that Law in the&s;e words: <HI>Sta|tuimus &amp; firmiter praecipimus, ut omnes comites, &amp; Barones, &amp; Mili|tes, &amp; &s;ervientes, &amp; univer&s;i liberi homines totius regni no&s;tri praedicti habeant &amp; teneant &s;e &s;emper in ar|mis, &amp; in equis ut decet &amp; oportet, &amp; quod &s;int &s;emper prompti &amp; para|ti ad &s;ervitium &s;uum integrum ex|plendum
<PB N="91" REF="53"> &amp; peragendum cum &s;emper opus adfuerit &s;ecundum quod nobis debent de feudis &amp; tenementis &s;uis de jure facere,</HI> &amp;c. By both which Laws it plainly appears; That all Earls, Barons, Knights, and Free|men of <HI>England,</HI> (and &s;uch were all tho&s;e that were not villains, Sock|men, or Copy-holders) were to be in armes upon the Command of the King, and defence of his Kingdom (for &s;o he calls it, becau&s;e King and Kingdom are Relatives, and that man that loves not the one loves not the other, let his pretence be what it will) And not only &s;uch Freemen that held their Lands by bearing arms, but all others, as the exigence of the King|dom &s;hould require, which appears in this, That the King before the Statute of <HI>Quia Emplores terrarum in</HI> 18. <HI>E.</HI> 1.<NOTE PLACE="marg">Litt. <HI>l.</HI> 2. <HI>c.</HI> 8. <HI>Cook.</HI> In&s;tit. <HI>fol.</HI> 75.</NOTE> might create tenures by bearing of Arms; nay more, by creating the greate&s;t Officers of Arms in the Kingdom, as to be Mar&s;hal of the Kings Ho&s;t, to be high Con&s;table of <HI>England,</HI> and Earl Mar&s;hall of <HI>England,</HI> &amp;c. By which means it
<PB N="92" REF="54"> grew to be a u&s;age and cu&s;tom in the Crown of <HI>England,</HI><NOTE PLACE="marg">30. <HI>Octob.</HI> 7. <HI>Ed.</HI> 1.</NOTE> to have the &s;ole command of the <HI>Militia</HI> in the King|dom, as appears plainly by the Sta|tute of 7. <HI>Ed.</HI> 1. where it was agreed by the <HI>Prelates, Earls,</HI> and <HI>Barons,</HI> and <HI>Commonalty of that Parliament held at We&s;tmin&s;ter.</HI></P>
<P><HI>That it was the Kings right, and belonged to him of his Royal Seigni|ory, to defend all force of Armour, and all other Force again&s;t the Peace, at all times when it &s;hall plea&s;e him, and to puni&s;h them which &s;hall do the contrary according to the Laws and u&s;ages of the Realme; And hereunto the people are bound to aid the King as their Sovereign Lord at all &s;ea&s;ons, when need &s;hould be.</HI></P>
<P>And the &s;ame King <HI>Edward</HI> the fir&s;t, to &s;hew his chief Power and Command in this matter of the <HI>Mi|litia,</HI> given to him by the ancient Laws and Statutes of this Realm, about &s;ix years after, <HI>viz.</HI> in the 13. year of his Reign, doth by the Sta|tute of <HI>Winchester</HI> provide in this manner, <HI>That every man &s;hall have
<PB N="93" REF="54"> Harnes in his hou&s;e to keep the Peace according to the ancient a&s;&s;e&s;&s;e.</HI> That ancient a&s;&s;e&s;&s;e is thus explained,<NOTE PLACE="marg">Stat. de Win|che&s;ter, <HI>13.</HI> <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">. <HI>1.</HI> cap. <HI>6.</HI></NOTE> that is to &s;ay, <HI>Every man from fifteene years old to fourty, &s;hall be a&s;&s;e&s;&s;ed and &s;worne to armour according to their quantity of Lands and Goods, to wit, from fifteen pound Lands, and fourty marks goods a Halbert, a Bre&s;t|plate of iron, a &s;word, a knife, and a hor&s;e: and from ten pound Lands, and twenty marks Goods, a Halbert, a Bre&s;t-plate of Iron, a &s;word and a knife: and from fourty &s;hillings Land to an hundred &s;hillings of Land, a a Sword, a Bowe and arrows, and a knife,</HI> &amp;c. And &s;o downward, as ap|pears more at large in that Statute: Wherein it is likewi&s;e provided, that two Con&s;tables in all hundreds &s;hould be cho&s;en (now called high Con&s;ta|bles) for this purpo&s;e, that twice every year they &s;hould take view of the Armour, and pre&s;ent to the Ju|&s;tices &s;uch defaults about Armour, as they &s;hould &s;ee in the Coun|trey.</P>
<P>It is true,<NOTE PLACE="marg"><HI>4^o</HI> &amp; <HI>5^o.</HI> Phil. &amp; Mar. cap. <HI>2.</HI></NOTE> that at the Parliament of
<PB N="94" REF="55"> 4, 5. <HI>Phil.</HI> and <HI>Mar.</HI> this Statute was repealed, not as to the power of im|po&s;ing Arms, but as to the Quantity and proportion of Arms, (the man|ner of Arms being at that time chan|ged, and the value of Lands increa|&s;ed, whereby a greater proportion was a&s;&s;e&s;&s;ed) this may appear by the third Chapter of that Parliament, where the power of mu&s;tering of men, and levying a number of them for the Kings &s;ervice in his warres, is placed wholly in the Crown. And therefore that Statute of Repeal is warily penned, for it is not a repeal of the common Law concerning Arms, but of &s;uch Statutes only as concern the keeping and finding of Hor&s;e, hor&s;es, or Armour: which Statute of Repeal was afterward re|pealed by King <HI>James,</HI> &s;o that it nece&s;&s;arily followeth, that either the Statute of <HI>Winchester</HI> is &s;till in force, and &s;tandeth for Law, or el&s;e if it be repealed, the common Law of <HI>England</HI> concerning finding of Arms, is in force at this day. Ma|ny more Statutes there are concern|ing
<PB N="95" REF="55"> this Royal Prerogative of the <HI>Mili|tia</HI> in the times of the &s;ucceeding Kings between <HI>Ed.</HI> 1. and Q. <HI>Mar.</HI> e&s;pecially in the days of <HI>E.</HI> 3. a martial Prince, and a great Souldier, which for the great number of them I &s;hall omit, and come in the la&s;t place to con&s;ider the rea&s;ons of the Law in thus placing the chief power of the <HI>Militia</HI> in the Crown.</P>
<P>And the fir&s;t Rea&s;on is taken from the Office and Duty of a King, mentioned by <HI>Plowden</HI> in the ca&s;e of the Information for Mines; where it is &s;aid,<NOTE PLACE="marg">Plow. <HI>Com. fol.</HI> 315. <HI>b.</HI></NOTE> <HI>That the King is the Head of the Commonwealth, and the Sub|jects are his Members, and the Kings Office to which he is appointed by Law, con&s;i&s;teth in two things; to wit, in Armour to defend them again&s;t all ho&s;tility, and in good Laws.</HI> And therefore it is that <HI>Lip&s;ius</HI> makes mi|litary Prudence a nece&s;&s;ary requi&s;ite for a Prince for the defence of his own Per&s;on, his Crown and people,<NOTE PLACE="marg"><HI>5^o.</HI> lib. Pol. c. <HI>2.</HI></NOTE> which would not be &s;o nece&s;&s;ary, if the power of the Sword did not pro|perly and peculiarly belong unto him. And therefore thus is laid
<PB N="96" REF="56"> down by him, <HI>Tolo&s;anus, Bodine,</HI> and <HI>Bozerus</HI> (famous and learned Politicians) as a maxim mo&s;t e&s;&s;en|tial to royal Maje&s;ty, <HI>Solius e&s;t Prin|cipis bellum &s;u&s;cipere, decernere, indi|cere, &amp; admini&s;trare.</HI> It is only pro|per to a Prince to denounce Warre, to undertake it, to order and deter|mine it, which they largely prove; I &s;hall only but quote the places in the Margin.<NOTE PLACE="marg">Tolo&s;. <HI>l.</HI> 9. <HI>c.</HI> 1. Bod. <HI>l.</HI> 1. <HI>c.</HI> 10. Bo<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">er. <HI>de Jur. Belli c.</HI> 4. Lip&s;ius <HI>l.</HI> 5. <HI>c.</HI> 4. <HI>Cook.</HI> 3. In&s;tit. <HI>fol.</HI> 9.</NOTE> And agreeable to this is the Law of <HI>England;</HI> No Subject &s;aith Sir <HI>Edw. Cook</HI> (an Authour of an approved Authority) no Parliament, can levy Warre within the Realm without Authority from the King, for to him, &s;aith he, it only belong|eth. And therefore he puts the&s;e ca&s;es, That if Subjects (in the Plu|ral number) &s;hall levy Warre to expul&s;e &s;trangers, to deliver men out of pri&s;ons, to remove Coun&s;ellours, or again&s;t any Statute, or to any other end, pretending Reformation of their own heads, without war|rant, they are (his own words) &s;aith he, a levying of Warre again&s;t the King. And hereupon it was re&s;ol|ved
<PB N="97" REF="56"> for Law in the dayes of King <HI>Edward</HI> the 4th,<NOTE PLACE="marg">19. E. 4. <HI>fol.</HI> 6. <HI>b.</HI></NOTE> That if the King of <HI>England</HI> do make a league with the King of <HI>Denmark,</HI> and all the Subjects of <HI>England</HI> will make War again&s;t tho&s;e of <HI>Denmark,</HI> if the King of <HI>England</HI> a&s;&s;ent not to it; It &s;hall not be accounted a Warre. For none in <HI>England</HI> can rai&s;e Warre, but by Authority from the King, as was &s;aid before.</P>
<P>The &s;econd Rea&s;on is drawn from the Office and Duty of Subjects, which is to be obedient to Autho|rity, and to fear and honour their Princes. It is the &s;peech of God from the Law of Nature,<NOTE PLACE="marg">Mal. 1.6.</NOTE> <HI>If I be a Father, where is my honour? and if I be a Ma&s;ter, where is my fear?</HI> Kings are both, and therefore ho|nour and fear do naturally belong to them. And can the King have either, if the Sword &s;hould not be in his hand? It is the very argu|ment of the Apo&s;tle, to per&s;wade Subjects to <HI>be afraid of committing evil,</HI><NOTE PLACE="marg">Rom. 13.4.</NOTE> <HI>becau&s;e the King beareth not the Sword in vain, but is Gods mini&s;ter,
<PB N="98" REF="57"> to execute wrath upon him that doth evil.</HI> A King without a Sword is like a Father without a rod, the child incorrigible, the Subject rebel|lious. The true duty of Obedience to a Prince, is a &s;weet mixture of fear and love; they are loved for their mercy, they are feared for their Ju&s;tice, of which the Sword is the pro|per En&s;ign.</P>
<P><HI>Smite the Shepherd, and the &s;heep will be &s;cattered.</HI> Kings are &s;mitten, when they are deprived of their Swords; and we have &s;een the &s;ad experience of it with our eyes. Since our Shepherd hath lo&s;t his Sword, what a &s;cattering there hath been of all his people, of all &s;orts, of all Countreys, of all Cities, Towns and Families, breach upon breach, wor&s;e than that &s;cattering in <HI>I&s;rael,</HI> when there <HI>was no King:</HI> And which will never be happily pieced again, till the people be reduced to their obedience, and the King re&s;to|red to his honour.</P>
<P>Fire we know, when it is held from a&s;cending to its proper Ele|ment,
<PB N="99" REF="57"> by the ob&s;tinacy of a thick Cloud, how it rends the Heavens in pieces by horrible thundering and roaring: Such is military power with-held by the Subject from the Crown, till it return thither again, it cau&s;eth the pillars of a Kingdom to &s;hake and tremble: It turns Law into Lu&s;t, Ju&s;tice into Op|pre&s;&s;ion, Kindne&s;s into Cruelty, Li|berty into Slavery, and a well com|po&s;ed Commonwealth into a rude di&s;|orderly Camp.</P>
<P>My third and la&s;t rea&s;on is taken from the con&s;titution of the Common|wealth.</P>
<P>The world (of which all orderly Republicks, are but &s;o many hand|&s;ome pieces) is named in Gteek &Kgr;&oacugr;&sgr;&mgr;&ogr;&sfgr;, &s;ignifying Order and Orna|ment; the obedience of Heaven and Earth to that Law of Nature God hath &s;et them in the &s;tay of the whole world, and makes it at this day &s;o lovely and beautifull: <HI>For &s;hould the Sunne and Moone wander from their beaten wayes</HI> (as a Reverend Divine elegantly ex|pre&s;&s;eth
<PB N="100" REF="58"> it) <HI>the times and &s;ea&s;ons of the year blend them&s;elves by a di&s;or|derly and confu&s;ed mixture the winds breath out their la&s;t ga&s;pe, the Clouds yeeld no rain, the earth be defeated of heavenly influence, the fruits of the Earth pine away as Children at the withered Bre&s;ts of their Mother; what would become of man, whom the&s;e things now do all &s;erve?</HI> The like I &s;ay in a Commonwealth. If Kings &s;hould yield up their Crowns unto their Subjects, whereby Ser|vants &s;hould ride on Hor&s;eback, and Princes walk like Servants on the ground, which mu&s;t needs &s;o come to pa&s;&s;e, if the Chivalry &s;hould be in the people, what con|fu&s;ion and deformity &s;hould we then behold in the Common|wealth? It would be as mon|&s;trous and ugly a &s;ight in that Politique Body, as in the Body Naturall; To &s;ee the Head be|come the Foot, and the Foot the Head, from whence Anarchy and De&s;olation mu&s;t needs follow, when the King by this means &s;hall be|come
<PB N="101" REF="58"> the only Subject in the Land.</P>
<P>Many more rea&s;ons may be ad|ded, but the&s;e &s;hall &s;uffice, and I &s;hall in the next place handle the &s;econd weapon of the Crown, by which the People of the Realme is governed in the time of Peace, <HI>viz.</HI> The Lawes of the Land, by di&s;cu&s;&s;ing the &s;ixth and la&s;t conclu&s;ion, which is this.</P>
<P>That this Kingly Government be according to the Law of the Land, not by the Laws of lu&s;t, but by the Laws of the Land; by legal, not by arbitrary power; and this makes the King of <HI>England</HI> the greate&s;t and mo&s;t compleat Mo|narch in the world. That the Crown of <HI>England</HI> is incorporated, and interwoven with the Laws of the Land. For it is the gro&s;&s;e ig|norance of tho&s;e men, that make Monarchy to con&s;i&s;t in Exemption from Laws; &s;uch a Monarchy is rather to be called Di&s;&s;olute, than Ab&s;o|lute; Impotent, than Powerfull;
<PB N="102" REF="59"> Tyrannical, than Regal. I have many learned Authours to warrant this; I will only in&s;tance in three, <HI>Rex</HI> (&s;aith <HI>Bracton</HI><NOTE PLACE="marg">Bracton l. <HI>2.</HI> c. <HI>9</HI></NOTE>) <HI>dicitur &agrave; bene regendo, non &agrave; regnando; quia Rex e&s;t dum bene gerit, Tyrannus au|tem dum Populum &s;ibi concreditum violenta opprimit Dominatione,</HI> &s;aith Sir <HI>Jo. Forte&s;cue. Ch. Ju&s;t. of Engl.</HI><NOTE PLACE="marg">Forte&s;. de laud. leg. Ang. c. <HI>37.</HI></NOTE></P>
<P><HI>Quis enim (Rex) potentior li|beriorve e&s;&s;e pote&s;t quam qui non &s;olum alios, &s;ed &amp; &s;eip&s;um &s;uffi|cit debellare; quod pote&s;t, &amp; &s;em|per facit Rex politice regens populum &s;uum?</HI></P>
<P>But above all is the Te&s;timony of King <HI>James,</HI> as great a Prince in Learning, as in Power; <HI>A King,</HI> &s;aith he, <HI>governing in a &s;etled Kingdome, leaves off to be a King, and degenerates into a Tyrant, as &s;oone as he leaves off to rule accord|ing to his Lawes. Therefore all Kings that are not Tyrants, or perjured, will be glad to bound them&s;elves within the limits of their Lawes, and they that per&s;wade
<PB N="103" REF="59"> them the contrary, are vipers and Pe&s;ts both again&s;t them, and the Commonwealth.</HI> And afterward de|claring to the Lords and Commons his opinion of the Common Laws by which his Realme was governed he thus &s;peaketh, <HI>Fir&s;t as a King I have bea&s;t cau&s;e of any man to di&s;|like the Common Law. For no Laws can be more advantagious for a King, and extendeth further his Praeroga|tive than it doth. And for a King of</HI> England <HI>to de&s;pi&s;e the Common Law, it is to neglect his own Crowne.</HI></P>
<P>And how apt and convenient a Law it is for the people as well as for the Crown, he expre&s;&s;eth it in another &s;peech to the Parliament, <HI>I mu&s;t needs confe&s;&s;e, and I think I am a|ble to prove it, that the grounds of the Common Law of</HI> England <HI>are the be&s;t of any Law in the world, either civill or municipall, and the fitte&s;t for this people.</HI> Upon all which it plainly appears, as I &s;aid before, that a King of <HI>England</HI> governing ac|cording to his Laws, is the mo&s;t ab&s;o|lute
<PB N="104" REF="60"> and free Monarch of the world; For this is true freedome in a Prince, to be loved at home, and feared a|broad, to be able to defend his own people at home from oppre&s;&s;ion and violence by his Laws, without the help of an Army; to keep and con&s;erve all his Subjects in happy peace, by a &s;word made of Parchment and Paper in his Laws, and not by a Sword made up of Iron and Steel in his Armies. This is excellently and at large declared by the &s;ame S^r <HI>John Forte&s;cue,</HI><NOTE PLACE="marg">Chap. 35, 36, 37.</NOTE> in his book of the prai&s;e of the Laws of <HI>England,</HI> where in three &s;everall Chapters he &s;ets down the differences betwixt the Engli&s;h Governement by the Laws, and the other Governement by Ar|bitrary power (mi&s;named Regall Pow|er) and there makes the Compari&s;on betwixt the Governement of <HI>Eng|land,</HI> and that of <HI>France; That they are poor Pea&s;ants, we a rich people; They are &s;o pilled and polled with Taxes and Impo&s;itions (e&s;pecially that of Salt) that they are not able to &s;up|ply their King, if he &s;hould need their &s;uccour, we are able to &s;uccour him
<PB N="105" REF="60"> in Warre, and to relieve him in want; No Souldiers (in time of peace) can come by Law into our Hou&s;es, &s;poile our Goods, and eat us out with Free-Quarter as they do there; Nor are we privily executed by Martiall Law, without open and ordinary Ju&s;tice as they are,</HI> with many more grie|vances which he there relateth at large, and unto which I referre my Reader. So that no Nation under Heaven is more happy under Kingly Governement, than we are here in <HI>England,</HI> were we a thankfull people, or rightly prized our own happine&s;&s;e, For the Crown of <HI>England</HI> is &s;o encir|cled with good Laws, that it is &s;carce po&s;&s;ible for a King of <HI>England</HI> to fall into Tyranny,<NOTE PLACE="marg">8. <HI>Hen.</HI> 4.19. 8. <HI>Hen.</HI> 6.20. 2. <HI>Rich.</HI> 3.11.</NOTE> for he neither &s;peak|eth, nor acteth, nor judgeth, nor ex|ecuteth, but by his Writt, by his Laws, by his Judges, and Mini&s;ters, and both the&s;e &s;worne to him to judge a right, and to execute ju&s;tice to his People. For the King doth nothing in his own Per&s;on.<NOTE PLACE="marg">Forte&s;. de de Land <HI>Leg. cap. 8.</HI></NOTE> If he &s;it in judge|ment as he may do in any of his Courts, as King <HI>Richard</HI> 2. King
<PB N="106" REF="61" MS="y"> <HI>Edward</HI> 4. and King <HI>Henry</HI> 8. did in the Kings-Bench, King <HI>Henry</HI> 7. and King <HI>James</HI> in the Starre-Cham|ber, yet he pronounceth <HI REND="strikethrough"><GAP DESC="illegible" RESP="UOM" EXTENT="1 word"></HI><ADD>not</ADD> judge|ment him&s;elf upon his People, but it is left by him to the proper Judges of that Court under him, which is the rea&s;on why it is &s;aid in our Law, that <HI>the King can do no wrong;</HI> for if the Subject here in <HI>England</HI> be wronged, it is by &s;ome Judge, Offi|cer, or Mini&s;ter, <HI>&amp;c.</HI> under the King which hath wronged him, and for which the Subject may have his pro|per remedy in Law, in which ju&s;tice cannot be denied him, or delayed by the Judges,<NOTE PLACE="marg">9. <HI>Hen.</HI> 3. c. 29. 5. <HI>Edw.</HI> 3. c. 9.</NOTE> who are required by their duty and Oath, not to &s;tay or &s;top Ju&s;tice,<NOTE PLACE="marg">2. <HI>Edw.</HI> 3. c. 8.</NOTE> either for the Great Seale or Little Seale, which are the high|e&s;t Commands of the King. The words of the Statute are more Em|phaticall, <HI>Item, It is Accorded and E&s;tabli&s;hed,</HI><NOTE PLACE="marg">18. <HI>Edw.</HI> 3. Oath of the Ju&s;tice.</NOTE> <HI>that it &s;hall not be com|manded by the Great Seale, nor the Little Seale, to di&s;turbe or delay Common Right; And though &s;uch commandment do come, the Ju&s;tices
<PB N="107" REF="61" MS="y"> therefore &s;hall not leave to do right in any point.</HI></P>
<P>But above all the Statute of 20. <HI>Edward</HI> 3. is remarkeable, which hath the&s;e words, <HI>We Command all Our Justices that they &s;hall from henceforth do equall Law and Execu|tion of Right to all Our Subjects rich and poor, without having regard to any per&s;on, and without omitting to do Right for any Letters or Command|ment, which may come to them from us, or from any other, or by any o|ther Cau&s;e.</HI> Let the Judges do right, and the Kings of <HI>England,</HI> as they can do no wrong; &s;o are not they wil|ling to do it, as may appear in the examples of King <HI>James</HI> and the King that now is, <HI REND="strikethrough">T</HI><ADD>W</ADD>hen I was a Re|porter in the Common-Pleas about 12^o <HI>Jac.</HI> There happened in that Court a Suit in a <HI>Quare Impedit,</HI> Between S^r <HI>Edward Pincheon,</HI> and one <HI>Harris</HI> the Kings Incumbent, which Suit after a long and tedious delay in Chancery, came at la&s;t to receive a Judgement, in the Court of Common-Pleas; At the day ap|pointed
<PB N="108" REF="62"> for giving of Judgement, The Lord <HI>Hubert</HI> Chief Ju&s;tice of that Court, produced a Letter out of his Pocket from King <HI>James,</HI> for deferring Judgement, which he &s;hew|ed to the re&s;t of the Judges of that Court, <HI>Warburton, Winch,</HI> and <HI>Ni|colls,</HI> de&s;iring their Advice what to do: Ju&s;tice <HI>Nicolls</HI> Pui&s;ne Judge of the Court, and fir&s;t to Argue, &s;pake openly in this manner; <HI>My Lord, This Cau&s;e hath had ma|ny delaies, It is our duty to do equal right to all his Maje&s;ties Subjects, and that we ought not to delay Ju|&s;tice, neither for the Great Seale, nor the Little, and much le&s;&s;e for a Letter; And therefore for my part I will go on and proceed to Judgment,</HI> which he then gave for Sr. <HI>Edward Pincheon,</HI> and the re&s;t of the Judg|es followed according to their turns and did the like. How this wrought with King <HI>James</HI> the Con&s;equence will &s;hew. For about a year after, when Officers were to be cho&s;en for the Prince his Sonne, the King that now is, then newly made Prince
<PB N="109" REF="62"> of <HI>Wales,</HI> The Highe&s;t Office being the Office of Chancellour, had di|ver&s;e great Competitors, the Lord <HI>Hubert,</HI> and Sr. <HI>Francis Bacon</HI> then Atturnay Generall and &s;ome others. The King rejected them all, and of him&s;elfe cho&s;e Ju&s;tice <HI>Nicholls,</HI> that neither &s;ought it, or thought of it, &s;ixty miles off at his hou&s;e in the Countrey, being in the long Vaca|tion; and I was &s;ent for from the Tem|ple to convey his Patent to him into the Countrey, which I did accordingly; and about a Moneth after, going up at <HI>Michaelmas</HI> Terme, he was pre&s;ented to the King, who &s;carce ever &s;aw him before. The King told him, <HI>That he took notice of him for an hone&s;t and a just Judge, and one that would take no Bribes, and therefore had made choice of him to &s;erve his Sonne in his Highest Of|fice,</HI> &amp;c.</P>
<P>The like I have heard of his Ma|je&s;ty that now is, by another Judg a Succe&s;&s;or of his in the &s;ame Court of Common Pleas, who did Exe|cution of Ju&s;tice notwith&s;tanding the
<PB N="110" REF="63"> Kings Letter, whereupon he was &s;ent for to the King, who grew angry with him for doing contrary to his Letter; The Judge acquain|ted him with that high command that was laid upon him by the Sta|tute of 2^o <HI>Edward</HI> 3, to do equall Law and Execution of Right to all his Maje&s;ties Subjects, and by his Oath to the King to performe it; telling his Maje&s;ty, <HI>That his Throne was e&s;tabli&s;hed by executing Ju&s;tice, and much Honour redounded to him thereby,</HI> and many other words de|livered in better Languge than I am able to expre&s;&s;e, whereupon the Kings heart began to melt, telling the Judge he was well plea&s;ed with him, and bade him go on in the wayes of Law and Ju&s;tice, and he &s;hould have his favour in &s;tead of his frowne. And hereupon I heard the Judge deliver this opinion of him. <HI>That he thought he would make the ju&s;te&s;t Prince upon Earth, had he Mini&s;ters about him an&s;werable to his goodne&s;&s;e.</HI> Thus are good Kings &s;oon|er brought to &s;ed their Errours in
<PB N="111" REF="63"> the quiet and &s;till wayes of Ju&s;tice grounded upon the &s;incerity of im|partiall Laws, than by the Coun|cels of publique Per&s;ons, when they are pro&s;ecuted in a violent way. And &s;uch a naturall Inclination to the love of Ju&s;tice doth po&s;&s;e&s;&s;e the &s;pi|rits of Princes, that they &s;eldome mi&s;carry in their duties, did not their Mini&s;ters under them, whom they entru&s;t with their Laws, fir&s;t fayle in theirs. And therefore I do affirme and maintaine, that &s;ince the bloudy contentions about <HI>Mag|na Charta,</HI> which were begun and continued in the Raignes of King <HI>John</HI> and <HI>Henry</HI> 3, and happily quieted by King <HI>Edward</HI> 1, who re|deemed his Captive Father out of Pri&s;on, vanqui&s;hed the rebellious Ba|rons, and confirmed the great Charter, the Oppre&s;&s;ions of the People of <HI>England,</HI> have been chiefly cau&s;ed by their fellow Subjects, not by their Princes. And therefore the Armes taken up again&s;t them for that cau&s;e were utterly groundle&s;s and unlawfull, as were the Arms taken up again&s;t
<PB N="112" REF="64"> tho&s;e lawfull, but very infortu|nate Princes <HI>Edward</HI> the 2. and <HI>Ri|chard</HI> 2. which brought on their De|po&s;ition, and Murther afterwards (the mo&s;t traiterous and bloody acts that ever were committed by <HI>Engli&s;h|men</HI> again&s;t their Soverign) none of which acts do the known and e&s;tabli&s;h|ed Laws of <HI>England</HI> allow, in Subjects again&s;t their own lawfull Sove|reigns.</P>
<P>A &s;hort touch of which Laws, joyned with an expre&s;&s;ion of the form of their Oaths, taken at their Coro|nation, (not commonly known, and le&s;&s;e under&s;tood by the People) I will in the next place handle, and &s;o end this my &s;ixth and la&s;t Con|clu&s;ion. The whole frame and Body of the Common Law of <HI>Eng|land,</HI> is aptly divided into the&s;e two parts:
<LIST>
<ITEM>1. <HI>Jus Regium.</HI></ITEM>
<ITEM>2. <HI>Jus Populi.</HI></ITEM>
</LIST></P>
<P N="1">1. The Law which concerns the King, being an e&s;&s;ential part of the
<PB N="113" REF="64"> Common Law, the Subject of <HI>Eng|land</HI> is bound by his Allegiance and Oath to ob&s;erve and keep, as &s;trictly and exactly, as that Law which con|cerns him&s;elf, which every religious and con&s;cientious Subject will readily do. For I do not find in all the Book of God a more certain mark of an irreligious man, than a de&s;pi&s;er of the ju&s;t Government and com|mands of his Sovereign.</P>
<P N="2">2. The Law which concerns the People being another e&s;&s;ential part of the Common Law, the King of <HI>England</HI> is tied by his Oath at his Coronation, as much to maintain, defend and keep, as he is the Rights of his Crown. So that the Law makes a Marriage between the&s;e two Rights, as well in re|&s;pect of the Prince, as of the People.</P>
<P>The <HI>Jus Regium</HI> belonging to the King is divided into
<LIST>
<ITEM>1. <HI>Jus Maje|&s;tatis.</HI></ITEM>
<ITEM>2. <HI>Jus Praero|gativae.</HI></ITEM>
</LIST></P>
<P><HI>Jus Maje&s;tatis</HI> is that which be|longs to him as King, common to
<PB N="114" REF="65"> him, with other Princes, by the Law of Nature and Nations; as for example, to have the Supream Pow|er in making Laws, the chief com|mand of the <HI>Militia,</HI> by which he be&s;tows the Degrees of Knighthood, the coyning of Money, the giving of Honour, the pardoning of Offen|ces, the &s;ole making and di&s;po&s;ing of the Great Seale, the di&s;pen&s;ing with penall Lawes, the making of Judges and Officers, with divers more.</P>
<P>The <HI>Jus Praerogativae,</HI> is that which belongs to him as King of <HI>England,</HI> and given to him by that Law alone, which is very large, and of which the Statute <HI>De Praero|gativa Regis</HI> made 17^o <HI>E.</HI> 2. is but a piece.</P>
<P>The <HI>Jus Populi</HI> is that, which by the &s;ame Common Law belongs to the People, divided into two parts, Clergy and Laity; the one called <HI>Jus Eccle&s;iae,</HI> the other called <HI>Jus Regni,</HI> and &s;o di&s;tingui&s;hed in the Parliament Writ. The&s;e two Rights of King and People make up the Body of
<PB N="115" REF="65"> the Common Law of <HI>England,</HI> chiefly con&s;i&s;ting in Cu&s;tomes, Liberties, Priviledges and Immunities belonging to Prince and People, and by them approved of, as good and profitable to both, by an immemorial pre&s;cri|ption, which maketh the be&s;t Law of all, as mo&s;t fixed and immutable. For other Laws which are not &s;o tried by long tract of time, are much &s;ubject to change and fluctuation, which is the rea&s;on why the Laws of <HI>England</HI> have at this day the ho|nour above others, in that they con&s;i&s;t upon &s;uch ancient and un&s;ha|ken Principles. But this is a great mi&s;ery which hath befallen this King|dom, and which we feel at this day, that the People of <HI>England</HI> have been very indu&s;trious, to know their own Rights, but are very ignorant in the Rights of the Crown. Though by their Oath &s;et down in the Sta|tute of 1. <HI>Elizab.</HI> they are bound to know them in what they &s;wear, <HI>That they &s;hall to their Power a&s;si&s;t and defend all Priviledges, Prehemi|nencies and Authorities granted, or
<PB N="116" REF="66"> belonging to the Kings Highne&s;&s;e, his Heirs and Succe&s;&s;ours, or united and annexed to the Imperial Crowne of this Realme.</HI> The ignorance where|of, hath, I fear, to the crying &s;innes of this Land, added the Luod cries of Perjury and Rebellion. And herein tho&s;e of our own Profe&s;&s;ion are not without blame, in that I find many Tracts of Law, touching the full Rights of the People; but not one compleat Treati&s;e of the whole Prerogative of the King. One Judge <HI>Stanford</HI> hath learnedly writ|ten upon the Statute of <HI>Praerogati|vae Regis,</HI> made and enacted 17^o. <HI>Edward</HI> 2. con&s;i&s;ting chiefly in Ward&s;hips and Tenures; but what is that to the large Prerogatvie of the King, extending to other things? Had that been well done, things had not been &s;o ill done at this day.</P>
<P>The Lawes of <HI>England,</HI> as well tho&s;e which concern the Kings Pre|rogative, as tho&s;e that concern the People, are both of them &s;o united to the Crown, that the one cannot
<PB N="117" REF="66"> be without the other: in&s;omuch as the &s;afety of the one, is the &s;afety of the other; and the hurt of the one, is the hurt of the other: of which many in&s;tances might be gi|ven, and &s;ome of them not written in Ink, but in Blood; whereby a man would think it impo&s;&s;ible for a King of <HI>England</HI> to govern other|wi&s;e, than by his Laws. And there|fore for preventing that po&s;&s;ibility, and all jealou&s;ies and feares touching the &s;ame, the King takes a &s;olemne Oath at his Coronation to maintain them all, which I will &s;et down <HI>ver|batim,</HI> as it is to be found in an old A|bridgment of the Statutes of <HI>H.</HI> 8. in the&s;e words,</P>
<P><HI>THat he &s;hall keep and maintaine the Rights and Liberties of the Holy Church,</HI><NOTE PLACE="marg">Oath.</NOTE> <HI>of old time granted by the righteous Chri&s;tian Kings of</HI> Eng|land: <HI>And that he &s;hall keep all the Lands, Honours and Dignities righ|teous and free of the Crowne of</HI> England, <HI>in all manner whole, with|out any manner of mini&s;hment. And
<PB N="18" REF="67"> the Rights of the Crowne, hurt, de|cayed, and lost, to his power &s;hall call againe into the ancient E&s;tate: And that he &s;hall keep the Peace of the Holy Church, and of the Clergie, and of the People with good accord. And that he &s;hall do in all his Judge|ments, Equity and Right, Justice with Di&s;cretion and Mercy. And that he &s;hall grant to hold the Lawes and Cu&s;tomes of the Realme, and to his power keepe and affirme them, which the Folke and People have made and cho&s;en: And the evil Lawes and Cu&s;tomes wholly to put out: And &s;tedfast and &s;table Peace to the People of this Realme keepe, and cau&s;e to be kept to his power. And that he &s;hall grant no Char|ter, but where he may doe it by his Oath.</HI></P>
<P>In which the&s;e things are &s;hortly ob&s;ervable,</P>
<P N="1">1. That the King ought by his Oath, under the pain of Perjury, to maintain the Rights of his Crown, as well in time of Warre by his Sword,
<PB N="119" REF="67"> as in time of Peace by his Lawes, without any manner of diminution: And this belongs to him to do &s;o, as an e&s;&s;ential part of his Office, men|tioned in the Laws of S^t <HI>Edward,</HI> in the&s;e words,<NOTE PLACE="marg">Leg. <HI>Edw.</HI> cap. <HI>17.</HI> de offic. Re|gis.</NOTE> <HI>Rex quia Vicarius &s;um|mi Regis e&s;&s;e, debet de jure omnes terras, &amp; honores omnes, dignitates Jura, &amp; Libertates Coronae Regni hu|jus in integrum cum omni integritate, &amp; &s;ine diminutione ob&s;ervare, &amp; defen|dere,</HI> &amp;c.</P>
<P N="2">2. That if the Rights of the Crowne be hurt, decayed or lo&s;t, the King is bound as well in duty as by his Oath, to the uttermo&s;t of his Power to endeavour the re|&s;titution of them to their ancient e&s;tate; And this is to be done, as well for the &s;afety and benefit of his people, as for his own honour and dignity, as may appear by the Petition of the Lords and Com|mons in the Parliament of 14^o <HI>Rich.</HI> 2. in who&s;e Raigne the Crown &s;uffer|ed much lo&s;&s;e and dammage;<NOTE PLACE="marg">Rot. Parl. <HI>14.</HI> R. <HI>2.</HI> n. <HI>15.</HI></NOTE> where they de&s;ire, <HI>That the Prerogative of the King and of his Crowne may be
<PB N="120" REF="68"> kept, And that all things done or attempted to the contrary might be redre&s;sed, and that the King be as free as any of his Progenitors were.</HI></P>
<P N="3">3. That the King is to keep and maintaine the Rights and Liberties of the Church and Clergy of <HI>England,</HI> con&s;i&s;ting not only in their Functions and Juri&s;dictions, but in their Lands and Revenues.</P>
<P N="4">4. That the Laws and Cu&s;tomes of the Realme, <HI>which the people have made and cho&s;en,</HI> are to be under|&s;tood only of tho&s;e Laws and Cu|&s;tomes then in being at the time of the taking of that Oath: For the&s;e Rea&s;ons;</P>
<P N="1">1. The words are in the Preterper|fect Ten&s;e, <HI>which the people have made and cho&s;en,</HI> not in the Future Ten&s;e, which they were hereafter to make, and which the King could not &s;wear to keep, till he knew what they were.</P>
<P N="2">2. The words are chiefly meant of &s;uch Laws and Cu&s;tomes which lay in u&s;age and immemoriall pre&s;crip|tion,
<PB N="121" REF="68"> which have their e&s;&s;ence and life from time pa&s;t; For no Cu|&s;tomes can begin by Law in time to come.</P>
<P N="3">3. They were &s;uch Laws and Cu|&s;tomes which the King at the time of the taking of this Oath had a Legall power to judge of and determine, whether tho&s;e Laws were good or bad; for the evill Laws and Cu&s;tomes <HI>he was wholy to put out,</HI> which mu&s;t of nece&s;&s;ity be referred to the time pa&s;t or pre&s;ent: for of future things he could po&s;&s;ibly have no knowledge; Where al&s;o by like nece&s;&s;ary con&s;e|quence it follows, that the King hath a Supreame Vote in all Laws what&s;o|ever, to judge whether they be good or evill, for his Crown, his Church and Kingdome, and accordingly to a&s;|&s;ent or di&s;a&s;&s;ent, or el&s;e it will be im|po&s;&s;ible for him to avoid the Crime of Perjury.</P>
<P N="5">5. The King &s;hall grant no Char|ter but where he may do it by his Oath; Now the Charter there meant, is the Charter of Pardon, granted by the King in the Ca&s;es of Man&s;laugh|ter,
<PB N="122" REF="69"> Robberies,<NOTE PLACE="marg">6. E. 1. Stat. <HI>de Gloc.</HI> c. 9.2. <HI>E.</HI> 3. <HI>Stat. de Northton.</HI> c. 2. 4. <HI>E.</HI> 3. c. 13.10. <HI>E.</HI> 3. c. 2.14. <HI>E.</HI> 3. c. 15.</NOTE> Fellonies, and other tre&s;pa&s;&s;es again&s;t the Peace; And what in the&s;e Ca&s;es &s;hall be done ac|cording to the Kings Oath, and what not, is re&s;olved and determined by divers Acts of Parliament, which I have Quoted in the Margin.</P>
<P>So that by all I have &s;aid it plainly appears, that the King in re&s;pect of his Duty and Office, in re&s;pect of his Oath, in re&s;pect of the Dignity and Honour of his Crown, and the good of his People, is to Governe them by the Laws of the Land. And &s;o have I made good my &s;ixt and la&s;t Conclu|&s;ion.</P>
</DIV1>
<DIV1 TYPE="conclusion">
<PB N="123" REF="69">
<HEAD>THE CONCLUSION TO THE READER.</HEAD>
<OPENER><SALUTE>Courteous Reader,</SALUTE></OPENER>
<P>_FOr &s;o I hope I &s;hall find you in pardoning any errour or mi&s;take which may happen in this Di&s;|cour&s;e again&s;t my will; when I &s;hall acquaint you that it was Penned in the time of my Impri&s;on|ment, and my Chamber, Study, and Books in the middle Temple Seque|&s;tred from me.</P>
<P>In that very time when the greate&s;t Monarch of all <HI>Europe,</HI> even the King of Great<NOTE PLACE="marg"><HI>Azor. Tom.</HI> 2. l. 11. c. 5. Col. 1668.</NOTE> Britane was become a Pri|&s;oner, Great by Extraction of Birth, being legally and &s;ucce&s;&s;ively de&s;cen|ded
<PB N="124" REF="70"> from above an hundred Kings; Great in the abilities of his mind, but Greate&s;t of all in Piety, Patience, Wi&s;dome, Fortitude, and other love|ly Graces and Virtues, <HI>&amp;c.</HI> In the lo&s;s of who&s;e Liberties I evidently &s;aw the lo&s;s of the Peoples: for the which, I had not long before &s;uffered by defending their Liberties again&s;t the U&s;urpations of the High-Commi&s;|&s;ion.</P>
<P>I hereupon thought it incumbent upon my &s;oul to defend the Rights of the <HI>Crown of England;</HI> the huge &s;up|porter of the <HI>Peoples Liberties,</HI> unto which, I held my &s;elf bound in <HI>Duty</HI> and <HI>Con&s;cience</HI> by a double Caution; Fir&s;t to my Prince by my Oaths of <HI>Supremacy</HI> and <HI>Allegeance,</HI> which I had taken five times; part of which are <HI>to a&s;sist and defend all Juri&s;dictions, Praeheminencies and Authourities an|nexed to the Imperiall Crowne of this Realme.</HI></P>
<P>Next to my Borough of <HI>South|warke,</HI> where I was freely cho&s;en their Burge&s;&s;e for that Parliament, and maintaining theirs and the whole Peo|ples
<PB N="125" REF="70"> Liberties annexed to that Imperi|all Crowne; part of which Juri&s;dicti|on is to maintaine their Rights. Of which, that ble&s;&s;ed Prince gave a &s;ig|nall te&s;timony, by profe&s;&s;ing at the time of his death, <HI>That he died a Mar|tyr for the Liberties of his People.</HI></P>
<P>After who&s;e death; I &s;aw with grief, what I ever feared would come to pa&s;s with Horrour; Liberty, Truth, and Peace, &s;o much cried up and con|tended for, quickly turned into Licen|ciou&s;ne&s;s, Lies and War: their Liber|ties confirmed to them by above thir|ty Parliaments, and holden for divers hundreds of years by the Great Char|ter, they at that time held them by no other Tenure, than the <HI>&s;harper Sword,</HI> and the &s;tronger Arme.</P>
<P>Me thinks good Reader I &s;till heare in my eares the wofull cry of the Peo|ple of <HI>England</HI> at that time, much like that in the Lamentations of <HI>Jeremy, The Crowne is fallen from our Head, the breath of our Nostrils is gone: woe unto us that we have &s;inned.</HI> And this we long continued among&s;t us, and had done &s;o &s;till, had not God
<PB N="126" REF="71"> who giveth &s;alvation to Kings, and by a miracle of Mercy &s;ent us a Deliverer our now gratious Soveraigne, whom like another <HI>David,</HI> he had often &s;a|ved from the hand of <HI>Saul,</HI> and from his hurtfull Sword. And therefore you, and I, and all the people of <HI>Eng|land,</HI> as we have wonderfull cau&s;e to prai&s;e God for him; &s;o have we cau&s;e mightily to pray for him. That Al|mighty God who hath appeared to him like to another <HI>Mo&s;es,</HI> as well in the <HI>Flags</HI> as in the <HI>Bu&s;h,</HI> and delivered his &s;oul from death, &amp; his feet from falling, would ble&s;s him with &s;uch a &s;pirit of Government, that Judgment may run down as <HI>Waters,</HI> and Righteou&s;ne&s;s as a mighty &s;treame in all the parts of his Dominions. And likewi&s;e would ble&s;s all his People with &s;uch a &s;pirit of O|bedience,<NOTE PLACE="marg">I&s;ai. 2.4.</NOTE> <HI>That they may beate their Swords into Plow&s;hares, and their Spears into Pruning-hooks; and that they may not learne War any more.</HI> But that in|&s;tead of the <HI>deformity</HI> of War, the Beauties of Grace and Glory may e|ver dwell in our Land.</P>
<TRAILER>FINIS.</TRAILER>
<PB REF="71">
</DIV1>
<DIV1 TYPE="half title">
<PB REF="72">
<P>The Rights of the Crowne.</P>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="publisher's advertisement">
<PB REF="72">
<HEAD><HI>Courteous Reader,</HI> The&s;e Books following, are Printed for <HI>Simon Miller,</HI> and Sold by him at the Starre in St. <HI>Paul's</HI> Church-yard.</HEAD>
<DIV2 TYPE="part">
<HEAD>Small Folio.</HEAD>
<P>DOctor <HI>Lightfoot</HI> his Harmony on the New Te&s;tament, which will &s;horely be re-printed with large Additions.</P>
<P>A&s;trology re&s;tored; or an Introduction to the lan|guage of the Stars in four Books, by <HI>William Ram|&s;ey</HI> Gent.</P>
<P>The civil Wars of <HI>Spain</HI> in the Reigne of <HI>Charls</HI> the fifth, Emperor of <HI>Germany,</HI> and King of that Nation, wherin our late unhappy differences are paralleled in many particulars.</P>
<P>A general Hi&s;tory of <HI>Scotland,</HI> from the year 767 to the death of K <HI>James, &amp;c.</HI> By <HI>David Hume</HI> of <HI>God&s;croft.</HI></P>
<P>The Hi&s;tory of this I|ron Age, wherein is &s;et down the true &s;tate of <HI>Eu|rope,</HI> as it was in the year 1500 al&s;o the cau&s;es of all the Warres and Com|motions that have happe|ned to this pre&s;ent time; with the memorable &s;ieges and battels; together with the lively Effigies of the mo&s;t renowned per&s;ons.</P>
<P>M^r <HI>Paul Baine</HI> his practicall Commentary on the whole Epi&s;tle of Saint <HI>Paul</HI> to the <HI>Ephe&s;ians.</HI></P>
<P>The mo&s;t plea&s;ant and profitable Hi&s;tory of <HI>Fran|cion,</HI> wherein all the vices that u&s;ually attend youth are plainly laid open, that the misfortunes of &s;ome may teach others to a|bandon vice, done into Engli&s;h by a per&s;on of ho|nour.</P>
<P>Eighteen Books of the Secrets of Art and Nature, being the &s;umme and &s;ub|&s;tance of Naturall Philo|&s;ophy, fir&s;t de&s;igned by Doctor <HI>John Wecker,</HI> and now much enlarged by Doctor <HI>R. Read.</HI></P>
<P>The Queen of <HI>Arragon,</HI> a Play in <HI>folio.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<PB REF="73">
<HEAD>In Quarto large.</HEAD>
<P><HI>Jo. Barklay</HI> his <HI>Argenis,</HI> Tran&s;lated by Sir <HI>Robert le Gri&s;e</HI> Knight, by his Late Maje&s;ties &s;pecial Command with Figures or without.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Quarto Small.</HEAD>
<P>An Experimental Treati&s;e or Surgery, by <HI>Felix Wortz.</HI></P>
<P><HI>Abraham</HI>'s Faith, or the good Old Religion <HI>&amp;c.</HI> By <HI>John Nichol&s;on</HI> Mini&s;ter of the Go&s;pel.</P>
<P>The Anatomy of Mor|tality: By <HI>George Siroad.</HI></P>
<P>Three T<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">eati&s;es: 1 The Conver&s;ion of <HI>Nineveh,</HI> touching Prayer and Fa&s;t|ing. 2. Gods Trumpet &s;ounding to Repentance. 3. Sovereign pre&s;ervatives again&s;t di&s;tru&s;tful thoughts and cares: By <HI>Will. Atter&s;oll</HI> Mini&s;ter of Gods Word at <HI>Isfield</HI> in <HI>Su&s;&s;ex</HI></P>
<P><HI>Ayn&s;worth</HI> on the <HI>Cantic.</HI></P>
<P><HI>Paul Baine</HI> his <HI>Dioce&s;ans</HI> Trial</P>
<P><HI>Gr lle</HI> again&s;t <HI>Appolonius.</HI></P>
<P>A Treati&s;e of Civil po|licy <HI>&amp;c.</HI> By <HI>Samuel Ru<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">her|ford</HI> Profe&s;&s;or of Divinity of S^t <HI>Andrews</HI> in <HI>Scotland.</HI></P>
<P>Politick and Military Ob&s;ervations of Civil and Military Government, containing the Birth, En|crea&s;e, Decay of Monar|chies, the carriage of Prin|ces and Magi&s;trates.</P>
<P>M^r <HI>Pinchin</HI> his Merito|rious price of mans Re|demption, cleared.</P>
<P>A&s;trology Theologized, &s;hewing what nature and influence the Starres and Planets have over men, and how the &s;ame may be di|verted and avoided.</P>
<P><HI>Wells</HI> his Souls Progre&s;s.</P>
<P>Chri&s;t tempted, the De|vils Conquered; Being a plain Expo&s;ition on the fourth Chapter of S^t <HI>Mat|thews</HI> Go&s;pel: By <HI>John Gumbleden</HI> Min. of the Go&s;.</P>
<P>The Saints Society.</P>
<P>D. <HI>Stoughtons</HI> thirteen choice Sermons, with his Body of Divini y.</P>
<P>The Rea&s;ons of the di&s;|&s;enting Brethren concern|ing the Presbyterian Go|vernment, together with the an&s;wer of the A&s;&s;embly of Divines.</P>
<P>The Doctrine of mans Redemption by <HI>Edward Holioke</HI></P>
<P><HI>Camdens</HI> Remains.</P>
<P>O<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> th doctrin of the Church of <HI>England,</HI> &s;weetly har|monizing with the Con|fe&s;&s;ions of Faith of all the
<PB REF="73"> Prote&s;tant Reformed Churches.</P>
<P>The Philo&s;ophicall Touch&s;tone; or Ob&s;er|vations upon Sir <HI>Kenelme Digbye</HI>'s Di&s;cour&s;es of the nature of bodies, and of the rea&s;onable &s;oul, by <HI>A|lexander Ro&s;s.</HI></P>
<P>The Saints Triangles of dangers, deliverances, and duties, by <HI>Nathaniel Whiting</HI> Mini&s;ter of the Go&s;pel.</P>
<P>The Confe&s;&s;ion of Faith, of all the congre|gational Churches of <HI>Eng|land</HI> agreed upon at the <HI>Savoy,</HI> 1659.</P>
<P>The De&s;cription of the Univer&s;al Quadrant, <HI>&amp;c.</HI> By <HI>Tho. Stirrup</HI> Mathem.</P>
<P>The whole Art of draw|ing, painting, limning and etching: collected out of the choi&s;e&s;t Italian and Germano Authours, by <HI>Alex Brown</HI> Practitioner.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Large Octavo.</HEAD>
<P>A Treati&s;e of the Di|vine Promi&s;es: By <HI>Edw. Leigh</HI> E&s;q;.</P>
<P>The Rights of the Crown of <HI>England,</HI> as it is e&s;tabli&s;hed by Law, by <HI>Edward Bag&s;haw</HI> of the In+ner-Temple, and Ap|prentice to the Law.</P>
<P><HI>Florus Anglicus,</HI> with the Lively Effigies of all the Kings and Queens, &s;ince the conque&s;t, cut in bra&s;&s;e.</P>
<P>The Reconciler of the Bible, wherein above two thou&s;and &s;eeming contra|dictions are fully and plainly Reconciled.</P>
<P>Evidences for Heaven, containing infallible &s;igns, and real demon&s;trations for A&s;&s;urance of Salvation, publi&s;hed by <HI>Edm. Calamy</HI></P>
<P>The Life and Reign of King <HI>Charls,</HI> from his Birth to his Death, by <HI>Lambert Wood.</HI></P>
<P>The Night-&s;earch, the &s;econd part: by <HI>H. Mill.</HI></P>
<P>A view of the Jewi&s;h Re|ligion, with their Rites, Cu&s;toms and Ceremonies.</P>
<P>U&s;efull In&s;tructions for the&s;e Evil times, held forth in 22. Sermons, by <HI>Nich. Lockyer,</HI> Provo&s;t of <HI>Eaton</HI> Colledge</P>
<P>The Nullity of Church-Cen&s;u<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">es, or Excommu|nication, not of Divine In|&s;titution, but a meer hu|mane Invention: Written by the famous <HI>Tho. Era&s;tus,</HI> and never before Engli&s;h|ed.</P>
</DIV2>
<DIV2 TYPE="part">
<PB REF="74">
<HEAD>Small Octavo.</HEAD>
<P><HI>Ed Waterhou&s;e</HI> E&s;q; His Di&s;cour&s;e of Piety and Charity.</P>
<P><HI>Panacea,</HI> or the Uni|ver&s;al Medicine; being a Di&s;cour&s;e of the Admira|ble Nature and Virtues of Tobacco: By Dr. <HI>Everard</HI> and Others.</P>
<P>A view and Defence of the Reformation of the Church of <HI>England,</HI> very u&s;efull in the&s;e times.</P>
<P>Mr. <HI>Pet. du Moulin,</HI> his Antidote again&s;t Popery; publi&s;hed on purpo&s;e to prevent the Delu&s;ions of the Prie&s;ts and Je&s;uites who are now very bu&s;ie among us.</P>
<P><HI>Vinditiae Gratiae Sacra|mentalis duobus Tractatulis comprehen&s;ae.</HI> 1. <HI>De effica|ci&acirc; Sacramentorum in genere.</HI> 2. <HI>De efficaci&acirc; Bapti&s;mi, quantum ad parvulos quibus praefigitur.</HI></P>
<P><HI>Epi&s;tola Reverendi&s;&s;imi Patris</HI> Johannis Davenan|ti <HI>nuper Epi&s;copi</HI> Sarisburi|en&s;is.</P>
<P><HI>Herberts</HI> Devotions, or a Companion for a Chri|&s;tian, containing Medita|tions and prayers u&s;efull upon all occa&s;ions.</P>
<P>Rare verities; or the Ca|binet of Venus unlockt, and her &s;ecrets laid open.</P>
<P><HI>Extraneus Vapulans,</HI> or the Ob&s;ervator re&s;cued from the violent but vain a&s;&s;ault of <HI>Haman Le&s;trange</HI> E&s;q;, and the back-blows of D. <HI>Bernard</HI> an <HI>Iri&s;h</HI> Dean: by <HI>P. Heylin</HI> D.D.</P>
<P><HI>Ovid de Ponto,</HI> in Engli&s;h.</P>
<P>The Loves of <HI>Clerrio</HI> and <HI>L<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">zio</HI> a Romance.</P>
<P>Mr. <HI>Knowles,</HI> his Rudi|ment of the Hebrew Tongue.</P>
<P>A Book of Scheams or Figures of Heaven, ready &s;et for every four Minutes of times, and very u&s;efull for all A&s;trologers.</P>
<P><HI>Florus Anglicus,</HI> or an exact Hi&s;tory of <HI>England,</HI> from the Reign of <HI>William</HI> the Conquerour to the death of the Late King.</P>
<P><HI>Lingua,</HI> or the Combate of the Tongue, and five Sen&s;es for Superiority: a &s;erious Comedy.</P>
<P>The Spirits Touch&s;tone; being a clear di&s;covery how a man may certainly know whether he be truly taught by the Spirit of God, or not.</P>
<P>The poor mans Phy&s;ici|an
<PB REF="74"> and Chyrurgion.</P>
<P>Phy&s;ical Rarities, con|taining the mo&s;t choice Receipts in Phy&s;ick and Chyrurgery, for the cure of all Di&s;ea&s;es Incident to mans body: By <HI>R Williams.</HI> To which is added the phy&s;ical Mathematicks: By <HI>Hermes Tri&s;-Megi&s;ton.</HI></P>
<P>The Idol of Crowns, or the Relation of <HI>Wat Tiler</HI>'s Rebellion.</P>
<P>The Chri&s;tian Mode|rator, in 3 parts.</P>
<P>The <HI>Ra<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">onian</HI> Catechi&s;m in Engli&s;h.</P>
<P>The life of that incom|parable man, <HI>Fau&s;tus Soci|nus <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">enen&s;is,</HI> de&s;cribed by a <HI>Polonian</HI> Knight.</P>
<P>The Golden Fleece, or a Di&s;cour&s;e of the cloath|ing of <HI>England.</HI></P>
<P>Dr. <HI>Sibbs</HI> his Divine Meditations.</P>
<P><HI>Vigerius Precepts</HI> of <HI>Idio|ti&s;mes.</HI></P>
<P><HI>Grotij Poemata.</HI></P>
<P>Three Books of M. <HI>Mat|thews</HI> Mini&s;ter at <HI>Swan&s;ey</HI> in <HI>South-wales.</HI></P>
<P N="1">1 The Me&s;&s;iah Magnifi|ed by the mouthes of Babes in <HI>America;</HI> or <HI>Gaius</HI> and <HI>Gamaliel,</HI> a helpfull Father, and his hopeful Son, di&s;|cour&s;ing of the three mo&s;t con&s;iderable points. 1. The great want of Chri&s;t. 2 The great worth that is in Chri&s;t. 3. The good way that is chalkt out by Chri&s;t</P>
<P N="2">2. The New Congre|gationall Church, prov'd to be the old Chri&s;tian Church, by Scripture, Rea&s;on, and Hi&s;tory.</P>
<P N="3">3. The Rending Church-member Regularly call'd back to Chri&s;t and his Church.</P>
<P>A phy&s;ical Dictionary.</P>
<P>An exact Hi&s;tory of the &s;everal changes of Govern|ment in <HI>England,</HI> from the horrid Murther of King <HI>Charles</HI> the fir&s;t, to the happy Re&s;tauration of King <HI>Charles</HI> the &s;econd, with the Renowned Acti|ons of General <HI>Monck,</HI> by <HI>F. D.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Duodecim.</HEAD>
<P>Dr. <HI>Smith</HI>'s practice of phy&s;ick.</P>
<P>The Grammar War.</P>
<P><HI>Po&s;&s;elius Apothegmes.</HI></P>
<P><HI>Fa&s;ciculus Florum.</HI></P>
<P><HI>Cra&s;haw</HI>'s Vi&s;ions.</P>
<P>The Juniper Lecture.</P>
<P><HI>Helvicus Colloquies.</HI></P>
<P>The torments of hell &s;haken; or a Di&s;cour&s;e with many proofs, &s;hewing that there is not a puni&s;h|ment after this life for any
<PB REF="75"> to endure that &s;hall never end, by <HI>Samuel Richard&s;on.</HI></P>
<P>The under&s;tanding Chri|&s;tians duty, often to com|memorate the death and pa&s;&s;ion of our Lord and Saviour Je&s;us; with the ne|ce&s;&s;ary preparatives there|unto.</P>
<P>The Chri&s;tian Souldier, his Combate with the three arch-enemies of man-kind, the world, the fle&s;h, and the devil.</P>
<P>Sea&s;onable advice to the Apprentices of the Honou|rable City of <HI>London,</HI> touching their duty to God, and their Ma&s;ters.</P>
<P><HI>Hein&s;ius de Crepundi<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">s.</HI></P>
<P>The Hi&s;tory of <HI>Ru&s;&s;ia,</HI> or the Government of the Emperour of <HI>Mu&s;covia,</HI> with the manner and fa&s;hions of the people of that Coun|trey.</P>
<P><HI>Drexeliu</HI>'s &s;chool of Pa|tience.</P>
<P><HI>Drexelius</HI> his right In|tention of every ones acti|on.</P>
<P>A School or Nurture for Children, or the Duty of Children, or the Duty very u&s;efull for all that in|tend to bring up their chil|dren in the fear of God.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Viginti Quarto.</HEAD>
<P>The New Te&s;tament.</P>
<P>The third part of the Bible.</P>
<P>Sir <HI>Richard Bakers</HI> Me|ditations and Prayers for every day of the Week.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Playes.</HEAD>
<P>The Ball.</P>
<P>Chawbut.</P>
<P>Con&s;piracy.</P>
<P>Ob&s;tinate Lady.</P>
<P>The <HI>London</HI> Chanticlers: a Comedy foll of various and delightfull Mirth, ne|ver before publi&s;hed.</P>
</DIV2>
<PB REF="75">
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
