Laiety by Sequestrations Decimations and otherwise ensued whereof we of the Loyal Party were not only Witnesses and Spectators but therein we were fellow Sufferers Now the Writs of the King suffered Violence of which Mr. Fitzherbert in his Preface to his Natura Brevium saith that they be the Foundations whereupon the whole Law doth depend of the which Writs and Processes as be appointed in the Law it is said in St. Jermin in his Book Written by way of Dialogue called Doctor and Student Fol. 64. a. That the King as Sovereign and Fountain of the Law is bounden of Justice to Grant them to every Person that will Complain be his Surmise true or false Yet in stead of Carolus Secundus Dei Gratia c. Vicecomiti c. was used The Keepers of the Liberties of England by Authority of Parliament To the Sheriff of c. But those who had built this Babel by their Divisions and Jealousies one had of another were in time brought to strange Confusions The Writs were to run no longer in the Name of the Keepers c. But all Writs and Process were issued forth in the Name of Oliver their General The Independent though the Younger now prevailed against the Presbyterian the Elder Brother whath the Elder had hunted after the Younger now catched for himself And now also it may be observed that a House of Commons singly Assumed to themselves the Title of and were stiled the Parliament of England though his Sacred Majesty King Charles the First had before truely told them in his Speech to them 3. Car. that none of the Houses of Parliament joint or Separate had any Power either to Make or Declare a Law without his Consent CHAP. V. Sheweth about what time the Kings Writs were first framed for the induction of the Commons into the Parliaments of England FRom the Norman Conquest untill some time in the Reign of H. 3. Parliaments were holden by the King and his Barons Spiritual and Temporal in whose days it is thought the Kings Writ for Election of Kinghts c. was first framed and that the Commons were reduced to a House by the Advice of the Bishops to the King in the heat of the Barons Wars It was thought expedient then to frame a Writ for their Induction that they might allay and lessen the Pride and Power of the Peers who had waged War so many years against the Crown However least they should arrogate too much Authority to themselves they never could so much as exhibit an Oath nor impose a Fine or inflict Punishment upon any but their own Members until the time of the late Usurpers when they were grown to that height of Impudence that the King himself and Lords Spiritual and Temporal were Excluded by them of whom as well before the Norman Conquest as since the Ancient Parliaments of England consisted only without them For it is true the People were wrought under by the Sword of the first William and his followers to a Subjected Vassallage Division and Power had Mastered them none of their old Nobility and Heads were left either of Credit or Fortunes what he Detained not in Providence as the Demeans of the Crown or reserved in Piety as for the Maintenance of the Church he parted and divided amongst those Strangers that Sailed along with him in the same Bark of his Adventure leaving the Natives for the most part as may be seen by his Survey called Domesday Book now in the Exchequor in no better a condition than Villenage To supply his Occasions of Men Money or Provisions he Ordered that all those who injoyed any fruit of his Conquest should hold their Lands proportionably by so many Knights Fees of the Crown And permitted them to Enfeofle their followers with such parts as they pleased of their own Portions which to ease their charge they did in his and his Sons time This course provided him the Body of his War the Money and Provision was by Hidage Assessed on the Common People at and with the consent of their Lords who held in all their Seigniories such right of Royalty that to their vassals as Paris saith they were quot domini tot Tyranni and in time provided to the Kings so great a Curb and restraint of Power that nothing fell into the Care of Majesty after more than to retrench the force of Aristocracy that was like in time to strangle the Monarchy Though others foresaw the Mischief betimes yet none attempted the remedy until King John whose overhasty undertakings brought in the mentioned broiles of the Barrons Wars there needed not before this Care to Advise with the Commons in any Parliamentary or Publick Assemblies when every Man in England by Tenure held himself to his great Lords Will whose Presence was ever required in their Parliaments and in whose Assents his dependant Tennants consent was ever included from what is aforesaid the Commons of England or rather they whom the Commons shall Elect to future Parliaments and are properly said in Parliament Assembled to be the Representatives of all the Commons of England may take notice that Anciently was in use only one Writ of Summons to Parliament by which the King Summoned the Lords Spiritual and Temporal separately to come to his Parliament at a certain Day and Place appointed in the Kings Writ And of latter times with the reasons for the one and the other there hath been an Additional Writ framed which is sent to every Sheriff of England and Wales for Election of Kinghts c. for the Parliament in the Kings Name and when sent it is called the Kings Writ and is directed to his Subordinate Officer the Kings Sheriff For the truth is the King by his Writ giveth the very Essence and Form to the Parliament which is to be Summoned when he pleaseth to be Adjourned Prorogued and Dissolved when he pleaseth And in all good times of Government before and since the Conquest it was ever in the Kings power and was and is his Priviledge Royal Prerogative and Regality to Grant or Deny such Petitions as he pleaseth and all Acts of former times and some of latter time were and are in form of Petitions CHAP. VI. Sheweth the difference between Parliamentary Priviledges and the Priviledges of the King and sheweth how at first Kingly Government was constituted by God himself and that by Gods Law also the Legislative Power and the Power of the Militia was given to the King and that in these highest Points of the Kings Prerogative the Law of England is agreeing with the Law of God and that God is vindex sui Ordinis the avenger of his own Ordinance THE Speaker uf the House of Commons on the first day of every Parliament is usually Presented to the King and in the Name of the Commons of England he humbly Prays his Majesty would be Graciously Pleased to Grant them their Liberties and Priviledges which is a strong Argument that their Priviledge their
to restrain and be a curb to such as will not Conform and be Obedient to those Rules the Law prescribeth requiring their Obedience to the Magistrates Superior Middle and Inferior and as all are to know the Superior is not nor can be subject to the controul of the Inferior In pares est nullum imperium multo minus in eos qui majus imperium habent therefore all Magistrates Subordinate be they either of the Superior Middle or Inferior Rank and à fortiori all other Subjects whatsoever are to be Obedient to their Soveraign Lord the King as Supream qui majus imo maximum imperium habet that hath the greater yea the greatest Command Power and Supream Soveraignty over all his Subjects in these his Majesties Realms and Dominions But as to this matter of the Kings Supremacy in Church and State Here I shall say no more but shall leave all to be further informed as to their bounden Duties therein in this ensuing Treatise wherein is more fully and at large discoursed thereof I remember in this ensuing Discourse also is said citing Sir Edward Coke in 7th Report 7. b. in Calvins Case that every Subject is bound to go with the King in his Wars infra extra Regnum but he is there pleased to add that the Subject is not compellable to go out of the Kingdom without Wages and citeth many Statutes as 8th Ed. the 3d. ca. 7th c. in defence of his opinion I do not presume to contradict him but am satisfied that he sheweth good warrant for what he there Writeth Moreover no considerable Foreign War upon any occasion whatsoever is ever so rashly undertaken but first the King useth to Summon his great Council the Parliament and therein is the Honour Interest and safety of the King and Kingdom considered and Parliamentary Supplies are granted for the defraying carrying on and answering the necessary charges of the War however Sir Ed. Coke denieth not but infra regnum within the Kingdom all are compellable and bound by duty of their Allegiance with or without Wages to serve the Lord the King in his Wars for then if ever that saying is true ad regem potestas omnium pertinet ad singulos proprietas the Power of all Men and all Things they have enjoy or possess belongeth to the King and yet every Mans single property remains and is continued but as may be seen in St. Jermin in his Doct. and Stud. 64. b. The Law doth assign divers conditions upon the Property and that to alter the Property without consent of the Owner if the conditions are not contrary to the Law of God or Reason And nothing is more agreeing with the Law of God nay our Obedience to the King as Supream is commanded in and by the Word of God and nothing can be more agreeable to Reason unless we will simply and contrary to all Reason admit of the Children to give Laws to their Father or Infants Males or Females to give Suck to their Mothers And it is a thing obvious and well known to every Man that knoweth any thing in our Law that every Mans Property and Estates whatsoever by Act in Law are Forfeit to the King for Treason or Fellony for Treason which all and every Rebellion is to the King for ever of what mean Lord soever they are holden for Fellony to the King for a Year Day and Wast and afterwards to the Lord of the Mannor of whom they are holden for ever In my ensuing Discourse to shew what care was made for the preservation of the Royal Rights Priviledges Jurisdictions and Prerogatives and Person of the King I make mention of the Stat. made in the 12. Car. 2di chap. 1. though in the first clause thereof by me mentioned is said That if any during the Life of the Kings Majesty c. I let this stand unaltered though the death of the Natural Body of the late King happened since because that clause thereof was made but in affirmance of the Common Law and the Stat. of 25. Ed. 3. ca. 2. as to the security of the Kings Person and the Government as appears in Mr. Stanford's Pleas of the Crown the first chap. as to the Second and Third clauses thereof the offenders against the Second clause are not only made uncapable of any imployment in Church or State but are also made lyable to such punishments as by the Laws and Statutes of this Realm are to be inflicted in such Cases As to the Third clause thereof every Person offending against the same shall incur the danger and penalty of Premunire mentioned in the Stat. of 16. Rich. 2. ca. 5. It appeareth by Bracton Libro 3tio Tract 2do cap. 15o. Fol. 134o. that Canutus the Danish King having settled himself in this Kingdom in Peace kept notwitstanding for the better continuance thereof great Armies within this Realm The Peers and Nobles distasting the Government by Arms and Armies odimus accipitrem quia semper vivit in armis Wisely and Politickly perswaded the King that they would provide for the safety of him and his People and yet his Armies carrying with them many inconveniencies should be withdrawn hereupon Canutus presently withdrew his Armies and within a while after lost his Crown and the same was restored to the right Owner I mention this matter and have it from Sir Ed. Coke who citeth Bracton for his voucher in his 7. rep 16. b. and withall I desire all to take notice that the Excise by Act of Parliament made in the first Parliament after his late Majesties most happy Restauration was continued to be paid to the late King during his Life Hearth Money was settled upon the late King his Heirs and Successors and was in recompence to the Crown for the dissolution of the Court of Wards and Liveries Customs upon Merchandizes imported and exported this little Book will tell you were all originally payable to the King his Heirs and Successors and that Subsedies granted by Parliament are but an improvement in the improvement of time and trade of the Ancient Customs payable to the Crown and were granted to the late King for his Life as they were from the time of King Henry the 7th granted to all his Royal Ancestors Kings and Queens of this Realm except his Sacred Majesties Royal Father King Charles the First Now mark what Sir Edward Coke more saith in his 7th rep 10th b. Haereditas Principis est successio in universum jus quod defunctus Antecessor suus habuit The Inheritance of the Prince is his Succession unto every Right that his deceased Ancestor had And suppose the Right Heir of the Crown had been attainted of Treason yet shall the Crown descend to him and eo instante without any reversal the attainder is utterly avoided as it fell out in the case of King Henry the 7th as may be seen in 1 H. 7th Fol. 4o. I have laid down before you these matters to let you know that
his Heirs 3 d. of the Pound for all Merchandizes imported or exported by them as is expressed more particularly in the said Charter which is to be found in the Office of the Chief Remembrancer in the Exchequer And this Charter of Ed. 1. in all Points was ratified and confirmed by Act of Parliament 27 Ed. 3. ca. 26 and this is the Original of Pettit Custom so called because this Pettit Custom for Forreign Commodities was accepted by the King when but a small quantity of such Forreign Wares was imported into England for in the time of Ed. 1. and after that in the time of Ed. 3. the native Commodities of England exported were of greater quantity and value by two parts of three at the least than the Forreign Merchandizes imported but now it is quite contrary for at this day the Outgate is less than the Ingate the Foreign Mercery and Grocery Wares c. imported are of far greater quantity and value than our Native Commodities exported 3. Prisage of Wines is also a Custom due by Prescription and parcel of the Ancient Inheritance of the Crown and that the King hath Inheritance in the Prisage of Wines appeareth by the Charters granted to the Citizens of London and to those of the cinque Ports to be discharged of Prisage in all Ports for ever See the Stat. of 1 H. 8. ca. 5. And the Duke of Ormond hath an Estate of Inheritance in the Prisage of Wines in the Kingdom of Ireland by grant of the King and this is the Nature Original and Difference of the Ancient duties payable for Merchandizes which are properly called Customs and are the Inheritance of the Crown 2. Subsedies also are duties payable for Merchandizes exported and imported but are granted by Act of Parliament Dyer 31 H. 8. 43. b. 1. Mar. Dyer 92. a. and are of three divers sorts according to the diversity of the Commodities and are called 1st Aides or Subsedies being granted out of the said Native Commodities to wit Wool Woolfells and Hides over and above the Ancient Custom aforesaid 2dly Tonnage granted out of Wines of all sorts over and above the Prizage and the said Custom of 2 s. on the Tun granted by the Charter of 31. Ed. 1. now called Butlerage 3dly Poundage granted out of all Commodities imported and exported except Wines and the staple Commodities aforesaid and payable by the Merchant strangers over and above the said Pettit Custom 1. These Aides or Subsedies were not of a certain quantity or continuance till to the time of Ed. 6. to which King in the first Parliament of his Reign was granted a Subsedy of 33 s. 4 d. of every Sack of Wool 33 s. 4 d. for every 240. Woolfells and 3 l. 6 s. 8 d. for every Last of Hides exported by Denizons for every Sack of Wooll exported by Aliens 3 l. 6 s. 8 d. and for every 240. Woolfells 3 l. 6 s. 8 d. and for every Last of Hides 3 l. 13 s. 4 d. And this Subsedy was granted to continue during the Life Natural of that King And after his demise or death all Kings and Queens except King Charles the First have had the like grants for Life 2. Tonnage which is a Subsedy out of Wines of all sorts was first granted by Parliament 5th R. 2. where 2 s. of every Tun of Wine to be imported into England was granted to the King for Two years and that was for Maintenance of a Fleet upon the Sea to suppress the Pyrates But after by Parliament 3. Ed. 4. Tonnage was granted to this King for Term of his Natural Life in this manner viz. 3 s. for every Tun of Wines and besides those 3 s. for every Tun of Sweet Wines 3 s. more see the Statute of 12th Ed. 4. ca. 3. And this Subsedy was after granted to H. 8. and Ed. 6th with this Addition in time of Ed. 6th that of every Awm of Rhenish Wine also 1 s. shall be paid and after the time of Ed. 6th this Subsedy of Tonnage was as of course Granted in England by several Acts of Parliament to Queen Mary Queen Elizabeth and King James during their several Natural Lives 3. Poundage which is a Subsedy granted out of all Commodities exported and imported except Wines and the Ancient staple Wares as above and payable by all Merchants Denizons and Aliens is the 20th part of the value of Merchandizes to wit 12 d. of the Pound and was first Granted by Parliament in England 31. H. 6. during the Life of this King which Grant was immediately resumed But after that 3. Ed. 4. this Subsedy of Poundage was granted to the said King See the Stat. 12. Ed. 4. ca. 3. and after the same Subsedy was Granted to H. 8. during his Life and the same Grant was renewed to Ed. 6. Queen Mary Queen Elizabeth and King James during their several Lives by several Acts of Parliament 3ly Imposts or Impositions are the Third kind of Duties payable for Merchandizes and are sometimes Rated and assessed by Parliament and then are in nature of Subsedies and are sometimes imposed by Prerogative Royal to support the necessary Charges of the Crown and then Nihil magis justum est quam quod necessarium est nothing is more just than what is necessary as an Ancient Senator of Rome was wont to say The Impost upon Wines in Ireland was first assessed by Parliaments and limitted to be paid for a certain time of Years which being expired that is now continued there by Prerogative of the King Davyes rep 12. a. It is to be observed from what hath been said that Anciently the Outgate was more than the Ingate and that since or of latter times it is otherwise that the Merchandizes imported do far surmount the value and quantity of our Native Commodities exported which caused the aforesaid Pettit and new Custom to exceed the said grand and Ancient Custom for by continuance of time all the Kings Dominions were much better Peopled and are more Populous at home and in all his Foreign Plantations of latter time acquired and by reason thereof our Lands and the Annual Rents thereof within the Kings said Dominions are much improved and likewise trade by Sea is also much improved as is easily made manifest by the great disproportion of the Rent reserved to be paid for the Customs by the Farmours thereof when last let to Farms and the Rent paid for the same to go no higher in the times of King James and Queen Elizabeth and that wise King Ed. 1. by his said Charter remitted Prizes and by Priviledges Granted to Aliens encouraged them to the more free Trade and Commerce and by consequence there was in after Ages the greater reason for an improvement of the Customs by the best usual and accustomed way of Granting Subsedies for the Lives of our Kings Successively one after another by Act of Parliament Seeing Subsedies themselves are no more than an Improvement in the Improvement of time of
pretended Birthright and Inheritance floweth only from the Kings Primitive Grace and Favour and that they would not pray that de Gratiâ of Grace if they had any Colour to claim the same de Jure of Right And the renewing of this Petition every Parliament proves the Grant to be but Temporary But the late Usurpers pretended they had Priviledge granted to them to sit by the Mentioned Act of Continuance c. And therefore all fair Offers from his said Majesty for Publick Good and for the Preservation of the Government in Church and State were afterwards interpreted a Breach of Priviledge Though the soundest Lawyers of that time were of Opinion that the said Act of Continuance was Void in it self in regard that what Grants or Concessions soever the King makes the Law presupposeth they are always with this Provisoe Salvo jure regio salvo jure Coronae In the 20th of Rich. the Second it may be seen in Mr. Howe 's Chronicle that a Parliament holden at Westminster was Ordained to endure Forty eight days but it was Abridged for the King would not tarry there more than Five days wherein he declared the things pertaining to the Realm especially such Matters as touched himself c. One property of every good Law of Man is that the Maker exceed not his Authority which certainly they did that framed that Bill for the Act of Continuance c. And Coke 10th rep 57. b. it is agreed that Parliamentum testamentum arbitramentum are to be construed according to the intention of the Makers the said King certainly intended not thereby to Exclude himself because by the Laws of our Land it cannot properly be said a Parliament unless it be consisting of King Lords and Commons And if Kingly Government be constituted by Divine Right then St. Jermyn tells us that Customs and Statutes are void that are against the Law of God and so that Act was null in its own Nature at the very first and the proposal of it was Treason in a high degree Parliamentary Priviledges are but Temporary and are not in them till asked by their Speaker Precario and granted by their Sovereign But Mr. Plowden Fol. 322. b. saith that every Prerogative of the King containeth in it self a Prescription for it resteth in usage And Fol. 319. b. and 322. a. he saith that the Prerogative of the King may not be said to be torcius that is consonant to reason and hath been used from time to time in the time of one King after another for the Law is not known if not by usage and usage proveth that it is Law And Fol. 322. a. and 323. he saith all the Prerogatives mentioned in the Statute of Prerogativa Regis made in 17o. Ed. 2 di were in the King by the Common Law before the said Statute and many others and Fol. 318. a. he saith It is a commendable thing for the King to abstain from the extremity of his Prerogative of his special grace in benefit of his Subjects but withall saith that the Law doth not force him so to do And Sir Ed. Coke in the First part of his Institutes Fol. 90. b. saith that Praerogativa is derived of prae id est ante and rogare that is to ask or Demand before hand whereof cometh Prerogativa and is denominated of the most excellent part because though an Act hath passed both the Houses of the Lords and Commons in Parliament yet before it be a Law the Royal Assent must be asked or Demanded and Obtained Bracton li. jo calleth it libertatem in another place privilegium Regis Britton Fol. 27. calleth it droit le Roy the Right of the King the Register of the Writs calleth it jus regium Coronae the Royal or Regal Right of the Crown And Mr. Stanford in Praerog Fol. 5. a. b. saith Praerogativa is as much to say as a Priviledge or Preeminence that one person hath before another which as it is tolerable in some so it is most to be permitted and allowed in a Prince or Soveraign Governour of a Realm for besides that he is the most worthyest or excellent Part or Member of the body of the Commonwealth so is he also through his good Governance the preserver nourisher and defender of all the People being the rest of the same body for which cause the Laws do attribute unto him all Honour Dignity Prerogative and Preeminence It is said Coke 7. 10. b. and 11. a. That the King is an absolute Prince before his Coronation which is but a Royal Ceremony Ornament and Solemnization of the Royal Descent but no part of the Title and that Rex non est Rex quia Coronatur sed Coronatur quia est Rex The King is not a King hecause he is Crowned but he is Crowned because he is a King And Coke 11.72 a. The King is said to be sponsus Regni and per annulum by a Ring is said to be espoused to the Realm at his Coronation which is a great Mark of Soveraignty and Power in the King over his People for admit the King to be sponsus the Bridegroom or new Married Man and the Realm to be sponsa the Bride or new Married Woman at this Solemnity of his Coronation every Woman is sub potestate viri sui under the Power of ber Husband ipse dominabitur ejus and he shall Rule or Reign over her by Gods Law Gen. 3.16 and our Law doth not estrange the Husband of any Interest Prerogative or thing that the Wife hath at the time of the intermarriâ—ge or after But as in all Rebellions so in the late time of Rebellion the Woman wore the Breeches as is easily proved by the Money Coined in those times Also in Coke 7. 10. b. The King is said to be pater patriae the Father of his Country which is another Mark of his Soveraignty and Supream Power for at the beginning of Kingdoms when all the World consisted of a few Housholds the Elder or Father of the Family exercised Authority over his Meyney and did distribute reward or punishment amongst them after his own discretion all which aforesaid is agreeing with what the Poet saith Jura dant singuli natis uxoribus every single individual Person gives Laws to his Wife and Children This was patria potestas Fatherly power the fountain of Regia potestas Kingly power and so Regia potestas is lege Naturae non arbitrio populi and so Kingly Authority is by the Law of Nature not by the Will Power or Arbitrement of the People leges Naturae perfectissimae sunt immutabilâ—s and the Laws of Nature are the most perfect and not to be Altered or Changed No sooner was there a Houshold but there was a Soveraign All regal Authority was then included in the Office of Father And therefore God Almighty in giving the Fifth Commandment called the Crown Commandment Honour thy Father and thy Mother intended the Duty belonging to all Magistrates Afterwards
of this damned Thesis or Position then we are all presently fellows at Footbal and Over Milk will presently be as good as Swasey Cream and whatever gets uppermost will be King In the time of Edward the Second about 400 years since this separation of Soveraignty from the person of the King and manner of abstracting the Person of the King from his Office was found out by the Two Spencers the Father and the Son who to cover their Treason invented this damnable opinion that Homage and the Oath of Allegiance were rather by reason of the Kings Crown than his Person upon which as may be seen in C. 7. 11. a. b. were inferred these Execrable Consequences First If the King did not demean or behave himself well his Liege People were bound by their Oath to remove him Secondly Because the King might not be reformed by suit of Law that ought to be done by asperty Thirdly That his Liege People are bound to govern in aid and default of him All which detestable opinions were then condemned in two Parliaments the first was by an Act made in the time of Edward the Second called Exilium Hugonis De Spencer the Banishment of Hugh Spencer the last was by an Act made in the First year of Edward the Third the first Chapter Let all take notice that by the Laws of our Realm of England all Power Soveraignty Homage Allegiance and Subjection is commanded and required as properly due to the Natural Body of the King And that therefore it was said by Glanvil who was Chief Justice in the time of Henry the Second Dominus Rex nullum habere potest parem multo minus Superiorem Our Lord the King can have no Peer or Equal much less can he have any Superior within his Realms or Dominions And Bracton qui sub Henrico tertio viginti annos summi Justiciarii munere defunctus est that for Twenty years together was Chief Justice in the time of Henry the Third saith that Omnis quidem sub Rege ipse sub nullo nisi tantum sub deo every Man is under the King and he is under none but God alone And Non potest Regi necessitatem aliquis imponere quod injuriam suam corrigat amendet cum superiorem non habeat nisi deum satis erit ei ad paenam quod Dominum expectet ultorem nor saith he can any Man put a necessity upon the King to correct and amend his injury unless he will himself since he hath no Superior but God it will be sufficient punishment for him to expect the Lord for his Avenger neither hath he hereby other Priviledge than what by God Himself is given to Kingly Majesty as may be seen in the 8th chap. of Ecclesiastes 2 3 and 4th verses I Counsel thee to keep the Kings Commandment and that in regard of the Oath of God be not hasty to go out of his sight stand not in an Evil thing for he doth whatsoever pleaseth him and where the word of a King is there is Power and who may say unto him What doest thou Yet I observe that once heretofore the Miter may be said Sawcily to have Oretopped the Crown in the 20th year of King Henry the Eight we read in Mr. Howe 's Chronicle Fol. 541. that the Kings Marriage came on to be argued in open Court at the Black Fryers then the King and Queen were Summoned and Ascited to appear but there may be seen what the opinion of wise Men in those times was thereupon which was that it was a strange sight and the newest device that ever was read or heard of before in any Region Story or Chronicle a King and Queen to be constrained by Process compellatory to appear in any Court as Common Persons within their own Realm and Dominion to abide the Judgments and Decrees of their own Subjects being the Royal Diadem and Prerogative thereof However this was the less wonder then because the Pope did then send as Legate into England the Cardinal Campejus to debate the Controversie delegated to him and the Cardinal of York for the publication of the invalidity of the Kings first Marriage at the instance of the King himself as may be seen in Guicciardin's History Fol. 756. But as we may see in Stanf. 153. a. The King of England hath no Peer in his own Land Realm or Dominion and therefore he cannot be Judged or called to account for his Actions by his People Nay it may be there seen that Parliaments are Assembled for the profit of the King and his People and the People are Summoned thither by the Kings Writ ad consulendum c non ad consedendum solum multo minus ad supersedendum to consult of the certain difficult matters c. not only there to Sit together much less to Sit upon their Lord the King in Judgment CHAP. XIII Sheweth that no Action lyeth against the King but in place thereof Petition must be made unto him and that due circumstances observed the Subject shall have his remedy against the King by way of Petition as readily as one Subjct may recover against another Subject by way of Action in any of the Kings Courts for that all his Majesties Subordinate Officers are Sworn to do Justice between the King and his Subjects which if they do not they are Answerable for the injury not the King IT is said C. 11. 72. a. b. That the King being the Lieutenant of God solum hoc non potest facere quod non potest injuste facere which is agreeable to a Maxim in our Law that the King can do no wrong therefore as we may see in Mr. Stanford prer 72. b. In place of Action against the King for the dignity of his Person Petition must be made unto him in the Chancery or in Parliament for no Action did ever lie against the King at the Common Law but the party is driven to his Petition which is all the remedy the Subject hath when the King Seizeth his Lands or taketh away his Goods from him having no Title by order of his Laws so to do And this Petition is called a Petition of Right because of the Right the Subject hath against the King by the Order of his Laws to the thing he sueth for by Petition And it may be sued as well in the Parliament as out of the Parliament and if it be sued in the Parliament then it may be Enacted and passed as an Act of Parliament or else to be Ordered in like manner as a Petition that is sued out of Parliament And suit by Petition can be to none other than only to the King for no such suit shall be made to the Queen the Consort of the King or to the Lord Prince for these Personages have no such Prerogative Further plainly shewing and declaring the manner of suing by Petition and where and in what cases it lyeth and where not and that due circumstances observed by him
those Loyal Lords and Commons Assembled in Parliament in the 12th year of his late Sacred Majesty well knew that he must needs want the necessary supplies to maintain defend and uphold the Government as the late Vsurpers had to offend alter and destroy the same The Kings Charges are great as well for the security and safety of his own Royal Person as for the preservation of the publick Peace of his Realms and Dominions for the general good of the whole Community A few Yeomen of the Guard before the late times of Rebellion called Beef-eaters were not enough for to nor could rescue his Sacred Majesty King Charles the First from that impious Act execrable Murther and unparalel'd Treason against his Sacred Person and Life committed the 30th of January 1648. neither was nor could such a Guard have been sufficient to secure the late Vserpers so ridiculous was their Right to what they Vsurped from that time to the time of his late Majesties Restauration We see before how in Ancient times King Canutus was served so soon as he was I grant Politickly but how Wisely I know not perswaded to withdraw and disband his Guards it may be his Arms or Armies might be attended with many inconveniencies but the present Guards of our Soveraign Lord the King may be necessary to be continued if ever in this our present Age which hath been very changeable and one Plot or other hath been too much threatning alteration of the Government in Church and State and these Guards of his Sacred Majesty are not attended with any inconveniencies nor are chargeable to any but the King himself Sir Edw. Coke saith That the Kings Treasure is the sinews of War and the Honour and safety of the King in times of Peace that it is firmamentum belli ornamentum pacis It is so but I deny any War to be justifiable against the Lord our King within his Realms and Dominions and therefore every Rising and Force raised within the Realm is properly called a Rebellion improperly a War Nor do the Kings Laws Protect any Subject to trade get and gain a great Estate to the end to impower him to ascend the Throne and to stand in competition with or to distast the Person or the Government of our rightful Soveraign Lord the King but rather it is the bounden duty of all in general to Love Honour and obey their Lord the King and proportionably according to their Estates Qualities and Degrees to give Aides and Supplies to his necessities for the just defence and security of his Royal Person and the preservation of the Peace and quietness of him and all his People in all his Realms and Dominions We say quo ditior est quisque eo nobilior by so much as every Man is the more Rich by so much he is the more Noble by so much he is the better respected and the more Esteemed But I say Principem habere ditiorem confert ad dignitatem subditorum ditiores habere subditos confert ad nobillitatem principis to have the Richer Prince conduceth to the dignity of the Subjects and to have the Richer People conduceth to the dignity of the Prince Now all here last mentioned is to this end and purpose that all old Animosities Jealousies and Fears laid aside after his Gracious Majesty shall have convened his Parliament unto him be given quod defunctus Antecessor suus habuit what his deceased Ancestor had Believe the word and promise of his Gracious Soveraign he beginneth his Reign with Clemency and Mercy to all his Subjects and will certainly be so far from invading your Properties that having what was thought needful for his late Royal and Dear Brother nay I say the Richer you make him the more he will be respected at home the more safe he and all his People will be and the more he will certainly be feared and dreaded abroad But least with the Foolish Architect I make the Porch too big for the House I say no more only recommend to you the reading of this ensuing Treatise which was written for the confirmation only of the more knowing and Loyal and for the information of the more Ignorant and therefore less Loyal Subjects So I commit every Man to Gods protection and rest Every Mans well Wisher J. B. The Contents CHAP. I. SHeweth how things stood at the latter end of King James the First and something is said of the High Court of Parliament p. 1. CHAP. II. Sheweth how King Charles the First found things at his first coming to these Crowns and there is also said something as to the learning of the Customs the chief Maintenance of the Crown in his time p. 4. CHAP. III. Sheweth how the late Rebellion broke out and sâ—mething is said of the great Advantages the Rebels had with what Advantages only the Loyal Party had p. 12. CHAP. IV. Sheweth how the King the Loyal party and the Law suffered Violence p. 14. CHAP. V. Sheweth about what time the Kings Writs were first framed for the induction of the Commons into the Parliaments of England p. 16. CHAP. VI. Sheweth the difference between Parliamentary Priviledges and the Prerogatives of the King and sheweth how at the first Kingly Goverment was constituted by God himself and that by Gods Law also the Legislative Power and the Power of the Militia was given to the King and that in these highest Points of the Kings Prerogative the Law of England is agreeing with the Law of God and that God is vindex sui Ordinis the avenger of his own Ordinance p. 18. CHAP. VII Sheweth that vindictive Justice is also derived from God to the King as supream and that all Subordinate Officers derive their Jurisdiction from the King and through his Mediation from God also and that herein the Law of England is also agreeing with the Law of God p. 23. CHAP. VIII Sheweth that the Subjects of England are bound by their bond of Allegiance to serve the King only in his Wars and that the King is the Fountain of Honour and by way of Induction to the same something is said of a Countee Palatine Davids worthies and good old Barzillai the Gileadite p. 25. CHAP. IX Herein you have a Subject defined you have Ligeance defined and is shewed that the King hath two Capacities the one Natural and the other Politick and that the Body Politick cannot be separated from the Body Natural that Ligeance is due to the Natural Body of the King that the Kingdom of England admits of no interregnum and that the Disherison of the Right Heir of a Kingdom is wont to be the beginning of Civil Wars p. 29. CHAP. X. Herein you have an Heir defined and divided and is shewed that the Right Heir of the Crown ought not nor can Lawfully be Disinherited that a Bastard ought not nor can be Heir to to the Crown and further something is said to the late Bill for the Exclusion of the late most
their omission of the word quibusdam in their said protestation the said Learned King James the First did actually take the said protestation out of the Journal Book propriâ suâ manu and on the sixth of January Dissolved the Parliament and some eminent Members of the Parliament were committed to the Tower and others to other Prisons and some sent into Ireland rather for Punishment than to Enquire as was pretended of sundry Matters concerning his Majesties Service There then appeared some Men of Antimonarchial Spirits and that insisted too highly upon Priviledges little regarding or rightly considering the measures chalked out to them by the Kings Writ by which they are summoned and impowered to sit in Parliament The Members before spoken of remembred not what the said King James the First in time before said the Parliament is a thing composed of a Head and a Body the Monarchy and the Three Estates it was first a Monarchy then after a Parliament that there were no Parliaments but in Monarchical Governments for in Venice the Netherlands and other free Governments there are none the Head is to call the Body together and for the Clergy the Bishops are the Chief for Shires their Knights for Towns and Cities their Burgesses and Citizens these are to treat of the certain difficult Matters and to Counsel their King with their best advice to make Laws for the Commonweale and the Lower House is also to Petition their King and acquaint him with their Grievances and not to meddle with their Kings Prerogative they are to offer supply for his necessity and he is to distribute in recompence thereof Justice and Mercy If this Head and Body Monarch and Three Estates be at unity within themselves they then make le treshault Court de Parliament the Supreme and in the superlative Degree the highest Court of Parliament Their Priviledges are so great that whilst that Court is at unity within it self I know not what it may not do and as directed by Mr. Plowden I shall not think much less speak any thing dishonourable of that Court but as in Arithmetick Three Cyphers with a Figure of One prefixed makes the compleat Number of one Thousand so take away the Number or rather the beginning of Number of One and the Three Cyphers that remain signifie nothing For when the Parliament is stiled the Supreme Court it must be understood properly of the King sitting in the House of Peers in Person and improperly of the Lords or Commons without him the Consultive Directive or Deliberative Power is in the House of Peers the Performing and Consenting Power is in the House of Commons but the Legislative Power lodgeth in the Person of the King yet altogether that is to say King Lords and Commons make Parliamentary binding Laws and Statutes 7. H. 7. 14. it is said that there are many Statutes indicted quod dominus Rex Statuit that our Lord the King hath ordained yet if they are in the Parliament Roul and have always been allowed as Statutes it shall be intended that they were made by Authority of Parliament But if a Statute be made thus the King with the Assent of the Lords or the King with the Assent of the Commons It hath been held from about the time of H. 3. to the time of the late Rebellion not to be good for all ought to Assent Coke 8.20 21. so that as Sir John Fortescue saith Fol. 40. a. b. Statutes are made in England not only by the Princes pleasure tho he saith not that in England they can be made without the Princes pleasure or Royal Assent but by and with the Assent of the whole Realm in Parliament assembled by their Representatives so that of necessity they must procure the Wealth of the People and in no wise tend to their hindrance which well they cannot do seeing they are ordained not by the device of one Man alone or of a Hundred wise Councelors only but of more than three Hundred chosen Men much agreeing with the number of the Ancient Senators of Rome and if it chance these Statutes being devised with such great Solemnity and Wit not to fall out so effectually as the intent of the makers did wish they may quickly be Reformed in a Subsequent Parliament but not without the Assent of all the Powers by whose Authority they were first passed and devised CHAP. II. Sheweth how King Charles the First found things at his first coming to these Crowns and there is also said something as to the learning of the Customs the chief Maintenance of the Crown in his time I Further observe that at the first coming to the Crown of the said King Charles the First his first Parliament in the first Year of his Reign or the Major part of them met not without being armed with some prejudice to his said Sacred Majesty King Charles the First for therein the Act for Tonnage and Poundage passed not which in the first Parliaments from the time of H. 7. to this time as it were accustomably and of course had been granted and passed to all his Royal Ancestors Kings and Queens of this Realm The sudden Dissolution of that Parliament preventing the Act of Subsedies he was forced to draw from his People by borrowing of Persons able to lend such competent Sums of Money as might discharge his present Occasions and to that purpose directed Letters to the Lord Lieutenant of Counties to return the Names of Persons able to lend omitting the Names of Noble Men and Clergy-men and the Names returned the Comptroler of the Kings Household by the Councils order issued forth Letters in the Kings Name under the Privy Seal to the several Persons returned for Loane of Money Though this was not the first time that ever such Loanes under the Privy Seal were had upon certain emergent Occasions and in cases of urgent necessity by failer of Parliamentary Supplies Yet in the Parliament next after in tertio Caroli primi many of the Members took the occasion to strive as to their insisting upon their Priviledges to outdo one another Then the modesty of the House of Commons which was very great in former times was by them forgotten and they began to arrogate more Power than what the Kings Writ gave them heretofore they evaded matters of State as much as they could and when their Advice hath been desired they have humbly desired not to be put to consult of things of which they had no knowledge and at other times they have humbly desired that the King would be advised in matters of War or Peace by the Lords being of more Experience than themselves in such Affairs and have used modestly to excuse themselves as too weak to consult in so weighty Matters But then several Speeches and Resolves made by divers Champions of the House of Commons who were no friends to Prerogative put the Lords and Commons then Assembled in Parliament upon their Petition concerning divers Rights and Liberties of
the Ancient Customs of common Right and by Prescription belonging to the King his Heirs and Successors and that we may Collect from what is aforesaid that if not so granted they may and have been imposed by Prerogative Royal for the Four principal Causes and Reasons aforesaid and to support the necessary Charges of the Crown The Words of the King when he Passeth the Bill of Subsedies are observable which are these Le Roy remercye ses Loyal Subjects accept lour benevolence aussi ainsy le veult The King thanks his Loyal Subjects accepts of their good will and also will have it which last Words make the Act of Subsedy a Law and so binds every Man to the payment of it insomuch that the Two Houses of Parliament joint or separate cannot impose a Penny upon the Subject without the King nor can the Freeholders whom they serve invest any such power in them But for the Soveraign Prince himself there are many Examples Old and New how he hath not only raised pecuniary summs in specie but layed Impositions upon Commodities by meer Royal Authority I shall instance only in Two viz. in Queen Mary and Queen Elizabeth the first laid an Imposition upon Cloth and Gascon Wines the other upon sweet Wines and Alloms without Parliament Therefore those Parliaments of the First and Third years of King Charles the First and the Members of the same that so highly insisted upon their Priviledges their meun and tuum Liberties c. and that would have been unwilling to have abated one of their Tennants of any their Manours or Farms a small matter of their Rents though it may be credited for truth that Twenty Acres of their Lands then let at 20 l. per ann might in the time of Ed. 1. be let for 20 s. per ann were very injurious to the said King in that they contrary to their bounden Duty neglected to Grant to him the usually Granted and Passed Act for Tonnage and Poundage being the chief Maintenance of the Crown in his time The first Parliaments of King Charles the First being Dissolved in a short time after by Order of the said King and Council the then Farmors of the Customs were Commanded to receive the Customs and all Duties payable for the same as in the time of his Royal Ancestor King James the First and the first Seventeen years of the said King Charles the First were times of great Plenty then Trade was great and good and the Farmors of the Customs did very much augment their Estates insomuch that none of them did refuse to Obey the said Order But in time next subsequent they were all great Sufferers for the fatal Parliament called in Noverber 1640. wanted Money for the work they had cut out and after they had Sat a few Months they questioned the Farmers for Intermeddling Farming and Receiving the Customs and Imposts contrary as they said to Law contrary to a Declaration and Vote 3o. Car. and contrary to the Liberty of the Subject they being Threatned and Timorous thô there was no Law to prohibit the Receipt for Farming of the Customs nor any Vote Passed 3o. Car. primi against it suddenly submitted to a Composition of 165000 l. and whilst or a small time before these things were agitating the Farmers contracted for a new Farm of the Customs with his late Majesty for Four years from Christmass 1640. and Lady day 1641. upon the which Farm and the Assignments of the Rents for the same the Sum of 200000 l. was Advanced for his said Majesty King Charles the First by which the said King had made some provisions for War which the said pretended Parliament recovered and made great use of against himself and the next day the said Composition was reported the Contract for the new Farm was Voted Void the Assignments upon the Rents were made Null instead of Farmers many of them were made Commissioners and the said Parliament resolving not to spare this Revenue Commanded them non obstante the Law lately passed by themselves to run into the same Crime for which they had lately Punished them to receive the Customs which with the said Composition paid by them in the space of Two Months was made use of to raise and pay the pretended Parliaments Army which said great Sums of 165000 l. and 200000 l. which the said Farmers may be said to have been Fined and to have advanced for his said Majesty King Charles the First reduced all of them to low Estates and some of them were Prisoners for near Twenty years before his late Majesties most happy Restauration who afterwards in the 16th year of his Reign was graciously pleased to take into Consideration the great sufferings of the said old unhappy Farmers of his late Majesties Customs and out of his special Grace and Favour by his Letters Pattents under the Great Seal of England and by Privy Seal and Tallyes thereupon Struck Leavyed and Allowed of Granted unto Sir John Jacob and other the said Farmers 200000 l. for the discharging and satisfying of the rest and residue of the great Debts by them Contracted for his said Majesty King Charles the First and for their reimbursement and satisfaction of such Sums of Money as they had lent to or paid for the said King Charles the First to be Received and Deducted by them out of their Rents payable to his late Majesty out of the Farm of the Customs then or lately before made to Sir John Wolstenholme Sir John Jacob Sir Nicholas Crisp and Sir John Shaw in Five years being the Term of their then said Farm which they or some others of them or on their behalfs accordingly Received and Disposed of in payment and satissatisfaction of the said Debts which if his late Majesty had not been pleased to do the said Farmers and many of their Creditors also had been utterly Ruined and undone CHAP. III. Sheweth how the late Rebellion broke out and something is said of the great Advantages the Rebels had with what Advantages only the Loyal Party had NOW in time King Charles the First had lately left White-hall because of the rude Insolency of Tumults backed and abetted by those intended nothing less than confusion upon Church and State nothing in the World had more of horrour than these Tumults Enormous and Detestable were their outrages and no means could take place for their Suppression so that to Redeem his Royal Person and Conscience from violence the said King withdrew himself hoping thereby to give time both for the Ebbing of their Tumultuous fury and others their Abettors regaining some degrees of modesty and more sober sense But it is a thing Common to Men High and Low Noble and Ignoble of all Qualities and Conditions whatsoever that when their Adversities approach they lose chiefly that Reason and Wisdom with the which they might have hindred or avoided the ills that happen and it is common to Men and Kingdoms that draw towards their destinies that when
their ill Fortunes comes it blinds their Eyes that they cannot discern it and binds their Hands that they cannot help it making them Instruments against themselves in the Execution of their mishaps His said Majesty King Charles the First was brought into great Streights he meaned well was much pleased in his Parliament and thinking to have preserved the Love of his Subjects thereby he was not so Tenatious as he ought to have been but cared not to lessen himself in the greatest points of his wonted Prerogative thinking he might have been no looser but that he might have gained a Recompence in his Subjects Affections he never bare any touch of Conscience â—ith greater regret than that Matter related to the Death of that Noble Learned and Loyal Earl of Strafford he passed the Bill for the Triennial Parliaments and withal settled that Parliament during the pleasure of the Two Houses then Mr. Lowry one of the Burgesses for the Town of Cambridge writ word to his Wife for Newse that the King had Passed an Act for a Triennial Parliament every year the Fishmonger spake truer than he was aware of for such construction was made thereof by those who intended Ingratefully and Wickedly to take Advantage of his large Concessions that the one with the other amounted to as much as to the Perpetuating that Parliament Whereas he hoped by this Act of high Confidence to have shut out and locked the Door upon all present Jealousies and future Mistakes they intended no less than to shut their King out of Doors and by Colour thereof to Rob and Denude him of all his Royal Power both in Church and State Then the Press and the Pulpit joyned to make the King Odious and all Artifices were used to raise Money for the Raising and Maintenance of their Armies After a Royal Subsedy of 400000 l. they next had Poll Money then after they hedged in an incredible Sum by way of free Loanes and Contributions upon the Publick Faith then the Irish Adventures for the Sale of Lands and the general Collection for the relief of the Distressed Protestants in Iroland brought in vast Sums of Money whereof the Tweentieth part was not imployed to the right use then they had an Imposition upon a Weekly Meal and a Loane from the City after the rate of five Subsedies besides the Five and twentieth part then there was an Assessment for bringing in the Scots besides several Weekly Assessments for their several Armies then they had the benefit of Kings Queens and Princes Revenues Sequestrations and Plunder by Committees and Compositions with Delinquents as they were pleased to call them did arise to such Sums as passed all understanding besides the Excise Fortification Money and vast Sums made by Sale of Bishops Deans and Chapters Lands to be short they Assumed to themselves all the Regalias of the Crown they Seized upon Sword Great Seal and Soveraignty upon the Customs the Militia and all the marks of Majesty nay they did Arrogate to themselves the Legislative and Supreme Power and they wanted not Commissioners of the Great Seal Judges Justices Publicans and all Officers for all Offices whatsoever That for the greatest part of them forsook their good Old Master as Demas is said to have forsaken St. Paul to embrace this present World They wanted not other mighty Advantages for they had all the Tenable places and Towns of Strength both by Sea and Land they had all the Navy Royal they had the Tower of London with all the Ammunition and Arms of the Crown and one Advantage they had exceeded all the rest they had the City of London which may be called the great Magazine of Men and Money where there is a ready supply of all things that may Cloath and make Men Gay and Gallant to put them in Heart and Resolution We with the said King had only this Advantage that we had the Word of God and the Laws of the Land for our Justification together with the great Tye and Bond of our Allegiance all which required our Obedience to the said Kings just Commands but to none other without him or against him in the Point of raising Arms Virgilii Aeneid jamque faces saxa volant furor Arma ministrat CHAP. IV. Sheweth how the King the Loyal Party and the Law suffered Violence GRievous were the various Effects and sad Events of the late Civil War Force was repelled with Force and the Publick Polemical Sword aggregate and made up of all the Ammunition and Arms and Military Strength of the Three Kingdoms the just Indubitable and Inalienable Right of King Charles the First in all his Dominions by vertue of his Royal Seigniory was put into the Hands of the People for the Protection and Security of those then at Westminster from the Law who against Law Ruled not but rather Overruled their fellow Subjects at and after their own Wills and Pleasures and did cut large Thongs out of others Hides to alter the Government in Church and State for no other reason but that they themselves could not be safe under the same they could not be Happy unless King Charles the First were Miserable they could not enjoy their Lives Peace and Liberties but they must first destroy his Friends and afterwards in cold Blood Barbarously Murder him Imparallel'd and unheard of Cruelty Monstrous Impudence and Impiety Killed their King nay their Good and Godly King It went not against their Consciences because he made a Conscience to Deny them what according to good Conscience he could not Grant them I remember in time before the late War above Forty years since in an old Obsolete Author I met with this passage Certant haec duo plerumque invicem inter se Rex populus quorum si vicerit unus personam induit tyranni si vincitur tot millia tyrannorum quot capitum nascuntur Crudelior autem semper est tyrannis multorum quam unius which Englished is That these Two that is to say the King and People do oftentimes Struggle are in Conflict and Strife between themselves of whom if one that is to say the King do overcome then he becomes a Tyrant but if he be overcome thence proceed rise up or take beginning to be so many Thousand Tyrants as there be Heads of Rebels or of single Individual Persons engaged in the Rebellion and concludes that more Cruel is the Tyranny of many than of one The whole truth of the Conclusion was lately seen in the Tyranny of a company of Men sitting at Westminster called Lords and Commons who Arbitrarily Reigned and Ruled over their fellow Subjects according to their Wills and Pleasures as if the Issue of the Fightings of their Armies had been centured only in the making of the People of the Kingdom Slaves Then followed the contempt and Oppression of the Clergy and sacrilegious Invasions were made upon the Rights of the Church and Men of the Church injurious Diminutions and Persecutions of the Loyal
Law hold Quod solus Princeps qui est Monarcha Imperator in Regno suo ex plenitudine potestatis potest creare Comitem Palatinum according to which Rule the King of England may well Create a Countee Palatine for he is Monarcha Imperator in Regno suo as is apparent by many Records and Judgments in Parliament Here we may observe by the way that when once the King was Invested with Royal Authority that his workings in his Sphear were Honoured with the Name of Creation he was said to Create as we may say in our own Phrase Men that are Advanced by the King to some Title of Nobility or Office of State are commonly said by him to be Created and that the Stile of their Pattents is not only facimus but creamus that as in Scripture Kings are Named Gods I have said ye are Gods So they may in their Sphear do something resembling the Power of God And every Countee Palatine Created by the King of England is Lord of a whole County and hath in it Jura Regalia which are consisting in Two principal Points 1st In Royal Jurisdiction by reason whereof he hath all the High Courts and Officers of Justice the King hath And 2ly In Royal Seigniory by reason whereof he hath all the Royal Services and Escheats that the King hath And therefore this County is meerly disjoin'd and as it were Seperated from the Crown as is said in the Case of the Dutchy Plow 215. b. so that no Writ of the King runneth there unless it be Observe a Writ of Error which being the last Resort and Appeal is only excepted out of all their Charters 15. Eliz. Dyer 321. and 345. and 34. H. 6. 42. and as to Royal Escheates the Countee Palatine hath the Escheates of Treasons that the King by his Prerogative shall have of Lands holden of all other Lords but that is to be understood of Treasons which were so at the time when the Countee Palatine was first Erected and not of new Treasons by Act of Parliament afterwards 12. Eliz. Dyer 288. b. 289. a. and this comes Palatinus was so called à comitando vel sequendo principem and the Persons advanced to this Name or Title of Honour were summi proceres à Rege proximi he was to be a Chief Officer and Counsellor in the Pallace of the King and it is said he was not only to be a Companion of the Person of the King but he is to be comes curarum also he is par extans curis solo diademete dispar and is to Sink and Swim at all times and seasons with his Lord the King though it be in troubled Waters So that the King is and ever was the fountain of Honour for as it belongeth only to the King of England to Make or Coin Money and that no other person can do the same without special leave or Commandment of the King and if any presume of his own head to Coin Money it is Treason And as he only hath the Priviledge to Coin Money so he hath the same Prerogative to give a vallew to base Metal by his Impression or Character as he hath to give a higher Esteem to a mean Person by imparting the Character of Honour to him sic fiet viro quem Rex honorare desiderat Davyes rep 19. a. 25. a. yet the Countees Palatine are to take notice what is said also in Davyes rep 66. b. Comites Palatii regalem habent potestatem in omnibus salvo dominio Domino Regi sicut Principi Countees Palatine have Kingly Power in all things excepted always nevertheless Lordship Dominion and the Power to Rule over them and their Counties to the Lord the King as their Prince and Soveraign And they and all the Nobility either of the more Ancient or the latter impression are to know that no Lord can be Ancienter than the King for all was of him and came from him at the beginning Stanf. prer 10th a. and we have a saying in our Books that honor est in honorante non in honorato that Honour is in him that doth the Honour not in him that is Honoured and amongst many reasons might be given for the same I shall only presume to mention one which is that Persons of Honour should so behave themselves to all Men that they should not give the least occasion to any Man to think much less to speak Dishonourably of them In the 2d Book of Samuel 23d chap. we have a Catalogue of Davids Worthies of whom some were more mighty and had done more signal Services than others of them and therefore were more Honourable than the others so we may also see in the same Book of Samuel in the 17th and 19th chapters That Barzillai the Gileadite of Rogelim that when the Armies of Israel and Absalom were pitched in the Land of Gilead had relieved David and his People with him with all manner of Forrage Beds Basons Earthen Vessels Wheat Barley Flower parched Corn Beans Lentils parched Pulse Honey Butter Sheep and Cheese of Kine that David and the People with him might Eat and refresh themselves for there it is said the People were hungry and weary and thirsty in the Wilderness in the 18th chap. we have the Relation of the Defeat of Absaloms Army and his death in the 19th chap. we have King David saying unto Barzillai come thou over Jordan with me and I will feed thee with me in Jerusalem Barzillai was to have been made Comes Palatinus was to be taken into the Kings own Family and to feed with the King at his own Table But the good old Man being very Aged excused the matter saying Thy Servant will go a little way over Jordan with the King and why should the King recompence it me with such a reward Let thy Servant I pray thee turn back again that c. But behold my Son thy Servant Chimham let him go over with my Lord the King and the King answered Chimham shall go over with me and I will do to him that shall seem good unto thee and whatsoever thou shalt require of me that will I do for thee and all the People went over Jordan And when the King was come over the King kissed Barzillai and Blessed him and he returned to his own place Hence may be inferred that the King hath not only paenam Punishment but also praemium Reward in his Power and so he is set over us not only for the punishment of them that do evil but also for the praise and reward of them that do well And as if for the Life only of King David to have created Chimham Comitem Pallacii sui or Pallainum had not been a reward suitable to the Merits of good old Barzillai in the First Book of Kings the 2d chap. and the 7th verse we may see That when the days of David drew nigh that he should die and that he gave several things in charge to Solomon his Son
that sueth by Petition he may afterwards enterplede with the King and if cause be for the same the Subject shall have right done him and shall have restitution of that he sueth for by Petition as readily as one Subject may recover against another Subject in any of the Kings Courts For the King of England hath all Subordinate Offices in him to grant but none in him to use himself and all his Subordinate Officers Ministers of State and such as do occupy Judicial places and others even from those of his Majesties Privy Counsel to the Petty Constable at their admittance to their Offices are Sworn by meet Forms of Religious Attestations or Oaths for their just and upright Execution of the same between the King and his Subjects meaning thereby not only to set God before their Eyes whom by such Oath they call to Witness of their promise and call upon for revenge of their falshood but also they are thereby threatned with temporal peins provided by the Policy of Christian Laws against corrupt dealings and thereby their minds are strengthened and they are Armed with Courage against the force of humane affections which otherwise might allure or draw them to partiallity and out of the way of right Judgment and Justice And the King as is said Plow 231. b. neither gives nor takes but by matter of Record and therefore Livery of Seizin being matter in Deed the King ought not to do it for he ought to have a Record for his Acts therefore the King shall neither make Livery nor take by Livery and a Subject may not give Lands to the King by Act Executed in his Life time if not that it be by Deed Enrolled or other matter of Record So that seeing the King must have a Record for his Acts and that the same are had and obtained by his Subordinate Officers if any thing be done in prejudice of the Subject his Officers are answerable for the same not the King And also C. 11. 90. b. an Officer or Minister of the King may do nothing in disadvantage of the King nor of the Subject by reason Publick Officers are at their admittance to their Publick Offices and Imployments Sworn Well and Lawfully to serve the Lord the King and his People and that Lawfully they shall Counsel the King in his business and that they shall not Counsel nor Assent to any thing which shall turn him in dammage or disherison by any manner way or colour and that they shall do equal Law and Execution of right to all his Subjects Rich and Poor without having regard to any Person as may be seen in Mr. Pulton's Statutes at large 18th Edward the Third in the Oath of the Justices and the Oaths of the Clerks of the Chancery c. And Stanford 59. a. The King is said to be alwaies present in Court and if the Parties in pleading or any Jury in their Verdict disclose matter that entitleth the King and the Court shall adjudge for the King though that he is not any of the Parties to the Action CHAP. XIV Sheweth what inconveniencies happen in the Realm of France through Regal Government alone with the Commodities that proceed of the joynt Government Politick and Regal in the Realm of England And all the Community are herein disswaded by mutinous and Rebellious practises to Disinfranchise themselves IN Sir John Davyes rep Fol. 40. b. it is said that the Kings of England have always claimed and had within their Dominions a Monarchy Royal and not a Monarchy Seignioral or Tyranny and that under a Monarchy Royal the Subjects are Freemen and have property in their Goods and Freehold and Inheritance in their Lands but under a Monarchy Seignioral or Tyranny they are all as Villains or Slaves and are Proprietors of nothing but at the will of their Grand Seignior or Tyrant as in Turkey and Moscovy But Sir John Fortescue Fol. 25 c. saith That the King of England cannot alter or change the Laws of his Realm at his pleasure for that he Governeth his People not by power only Royal but also Politick and such King Ruling by Power Royal and Politick can neither change Laws without the consent of his Subjects nor yet charge them with strange impositions against their Wills so that to Rule the People by Government Politick is no Yoak not only to the Subject but to the King himself accordingly within the Realm of England no Man Sojourneth in another Mans House without the love and leave of the good Man of the same House saving in Common Inns where before his departure he shall satisfie and pay for all his charges there neither shall he escape unpunished whosoever he be that taketh another Mans Goods without the good will of the owner thereof nether is it unlawful for any Man to provide and store himself of Salt and other Merchandizes and Wares at his own will and pleasure or any Man that selleth the same neither doth the King take away any of his Subjects Goods without due satisfaction for the same neither doth the King by himself or his Servants and Officers leavy upon his Subjects Tallages Subsedies or any other burdens or alter their Laws without the express consent and agreement of the whole Realm in his Parliament So that every Inhabitant of the Realm useth and enjoyeth at his pleasure all the Fruits that his Land or Cattle beareth with all the Profits and Commodities which by his own Travel or by the Labour of others he gaineth by Land or by Water not hindered by the injury or wrong detainment of any Man but that he shall be allowed reasonable recompence So that the People of England are plentifully furnished with all things that are requisite to the accomplishment of a quiet and wealthy life according to their Estates and Degrees neither are they sued in the Law nor are Arrested or Impleaded for their Moveables or Possessions or Arraigned of any offence Criminal but only before ordinary Judges where by the Laws of the Land they are justly intreated And these are the Fruits which Government Politick and Regal conjoyned doth bear and bring forth But in the Realm of France where the People are Governed by Regal Power alone the Villages and Towns are pestered with the Kings Men at Arms and their Horses so that it is hard in any of the great Towns there to get any Lodging which Men at Arms though they continue in one Village a Month or Two do not nor will pay any thing at all for their own charges or for the charges of their Horses and when they have spent all the Victuals Fuel and Horse-meat in one Town then they go to another Town wasting the same in the like manner not paying one Penny for any necessaries and thus are all the Villages and Unwalled Towns of the Land used so that there is not the least Village there free from this miserable Calamity but that it is Once or Twice every year beggered by this
understood that such personages never do lack the Counsel of such Grave and Discreet Men as be able to supply all other defects Now we are to understand that our Nation hath not used any other general Authority neither Aristocratical nor Democratical but only the Imperial Monarchy or the Royal and Kingly Majesty which Anciently and at the very First as in the time of the Heptarchy was divided to many and sundry Kings each absolutely Reigning in his Country none under Subjection of other till observe by Fighting one with the other the Overcomed always falling to the Augmentation of the Vanquisher and Overcomer at last the Realm of England grew into one Monarchy neither one of these Kings neither he who first or at the last had all took any investiture at the Hands of the Emperor of Rome or of any other Superior or Forreign Prince but as may be seen in the Statute of 16th Rich. the Second chap. 5th held immediately of God to himself acknowledging no Prince on Earth his Superior and so we are to take notice it is kept and holden at this day and we may see that by a Statute made in the 13th Car. 2 di ca. 1. That if any during the Life of the King Majesty shall within the Realm or without Compass or Intend the Death or Bodily Harm Imprisonment or Restraint of the Person of the King or to Depose him from the Kingly Name of the Imperial Crowns of his Realms or Levy Wars against him or stir up any Forreigner to a Forcible Invasion and such compassings shall express by Printing Writing Preaching or Malitious and Advised Speeches and be Convicted thereof upon the Oath of Two credible Witnesses every Person so Offending shall be Adjudged to be Traitors and shall lose and forfeit as in Case of High Treason And by the same Act it is provided amongst other things That if any shall affirm the King to be an Heretick or a Papist or that he intends to introduce Popery or shall Maliciously and Advisedly by Writing Printing Preaching or other Speeches Publish or Declare any word or other thing or things to stir up the People to hatred or dislike of the Person of his Majesty or Government every such Person thereof convicted are thereby made uncapable of any Office or Imployment in Church and State and are made lyable to such Further punishments as by the Laws and Statutes of this Realm are to be inflicted in such Cases take notice this Act was made presently after his late Majesties most happy Restauration when again the Major part if not all then Living of the Secluded Members in the late pretended Parliament without King or House of Lords were again chosen by the Freeholders of their several Counties to come to this long expected and much wished for Free Parliament It would then have made a true English-man smile to see Old Esq Prynne trudge through Westminster-hall to the House of Commons with his Basket not Silver Hilt Sword by his Side time was then come that his Eyes were opened and as a principal Member of that Parliament he was one of the Framers of that Bill for the forementioned Act wherein it is further-provided that if any Person or Persons shall Maliciously and Advisedly by Writing Printing Preaching or Speaking Declare or Affirm that the Parliament began at Westminster November 3. 1640. is not Dissolved nor Determined or that it ought to be in being Or that there lies any Obligation upon him or any other Person from the Oath Covenant or Engagement to endeavour a change of Government or that both or either Houses of Parliament have a Legislative Power without the King or words to the same effect Every Person so Offending shall incur the danger and penalty of Praemunire whereof mention is made in the before mentioned Statute of 16th Rich. the Second I have made mention of this latter clause in the said Act the more especially because thereby all Interregna Kings de facto wicked and injurious Usurpers are Excluded and the Body Natural and Politick of our Lawful King are so conjoined and closed together that I hope in God for the future it shall not lye in the Power of the People by Rising in Rebellion against their Rightful Soveraign Lord to make any Separation of the Soveraignty from the Person of our Lord the King or to abstract the Person of our King from his Office to the Ruin Alteration or Subvertion again of his Majesties Realms and Dominions And I have mentioned the former Clauses to give you to understand what care hath been made for the Security and Preservation of his Majesties Royal Person and Government ask it is freed and secured thereby from all Restraint Bodily Harm or violence whatsoever by wicked Words or Deeds CHAP. XVI Sheweth that all Vnlawful Assemblies or Meetings for the Plotting of harm to the King or the Alteration of the Government are Vnlawful and further sheweth what Misprision of Treason is and that it is the Duty of every good Subject presently to discover Treason NOW we are to know how that we are forbid also by sundry Laws in force to Congregate and Associate our selves to Unlawful Assemblies or Meetings in Coffee-houses or elsewhere where any discontented seduced wicked Persons shall Assemble themselves together to Plot or Contrive Bodily harm to the King or the Alteration of the Government If it shall be the hard mishap of any Loyal and well affected Christian Person to chance to be in such evil Company let him learn of Mordecai the Jew his Duty therein as we may see in the second chap. of the Book of Esther the 21 22 23. verses while Mordecai sat in the Kings Gate Two of the Kings Chamberlaines Bigthana and Teresh of those which kept the Door were wroth and sought to lay hands on the King Ahasuerus and the thing was known to Mordecai who told it unto Esther the Queen and Esther certified the King thereof in Mordecai's Name and when inquisition was made of the matter it was found out therefore they were both Hanged on a Tree and it was Written in the Book of the Chronicles before the King And Ahasuerus afterwards reading in the Chronicles of the good service done by Mordechai took care for his reward as may be seen in the sixth chap. of the said Book of Esther And we may see in Stanf. 37. b. when one knoweth that another hath done Treason or Fellony and he will not him discover to the King or his Counsel or to some Magistrate but concealeth his Offence that is Misprision which Offence Bracton placeth amongst the Offences of Treason because he was of opinion that concealment beyond a certain time shall make it amount rather to Treason than to Misprision for that purpose he saith Statim sine aliquo intervallo c. that presently and without any stop pause or giving over for a time he ought to go to the King himself if he may or otherwise to some of his
Secretaries of State or some Magistrate and to discover the whole matter in orderly manner that he ought not to stay Two days or nights in one place before he sees the King nor to be let or hindred by any business though never so urgent quia vix ei permittitur ut retrospiciat because the Law giveth him not so much time as to look back in some Cases as we must render an account for every idle word so must we likewise in this case for our idle silence for in such a Case as this where any knoweth of any Conspiracy against his King or Country he is bound by the Laws and Statutes of this Realm presently to discover it for as Fire in its beginning whilst it is but small is more easily quenched than it is afterwards when by some continuance it hath gathered strength so the beginning of Rebellious contrivances being known and discovered with more ease the sad events and evil consequences thereof are nipped in the Bud and are smothered hindred and prevented therefore as to this Evil or rather Devil of Rebellion all are to be advised by the Poet who saith Principiis obsta sero medicina paratur Cum mala per longas invaluere moras CHAP. XVII Sheweth that all Writs Process Executions and Commandments are and ought to be in the Kings Name only NOW I shall acquaint you further that all Writs Executions and Commandments are done in the Kings Name Nay we do say in England the Life and Member of the Kings Subject are the Kings only that is to say no Man hath hault or moyenne Justice but the King nor can hold plea thereof Hence it is that those Pleas which touch the Life or Mutilation of Man be called Pleas of the Crown nor can be done in the Name of any inferior Person than he or she that holdeth the Crown of England And all Enditements Presentments and Processes relating to the Sessions of the Peace begin with Juratores presentant pro Domino Rege quod I. S. de c. or Inquiratur pro Domino Rege si A. B. de c. And every warrant from a Justice of the Peace upon all occasions whatsoever directed to the Constable begin with these or such like words these are in his Majesties Name to Will and Require you forthwith c. If any Process Summons Invitation or Commandment come to you in Parliament time or out of Parliament time in any other Habit Dress or Name whatsoever Be you assured such Coin is counterfeit and not currant within his Majesties Realms and Domions but are deceitful and delusory and may not improperly be likened to the Melody of Syrens who Sing not to stir up Mirth but to allure unto danger and mishaps CHAP. XVIII All Freeholders are advised as to what manner of Persons they are or ought to Choose for future Parliaments I Remember I made mention of the Secluded Members in the late times of Rebellion These were they with whom Treason had no place because with them Obedience to their Soveraign Lord the King and his Laws Ecclesiastical and Temporal bore sway and held Principallity some of whom when the confluence and Clamours of the Tumults in those times passed all boundaries of Laws and Reverence to Authority by the rude and unseemly deportments both in contemptuous words and actions of the vulgar and that no means prevailed for their suppression withdrew themselves with his Sacred Majesty King Charles the First for the security of their Persons from Violence others of when the Lords were Excluded and the House of Commons was purged by the Military power to a Rump Parliament for rotten Members as they then termed them were cast out and all of them that were afterwards living were again chosen for Parliament-men upon his late Majesties most miraculous and happy Restauration Many of them held their King and Country and the Government thereof so dear that in defence thereof they feared not to hazard their lives and Fortunes Such as these were Men Fearing God Honouring their King and abhorring to meddle or joyn with those that are given to change I advise every Freeholder who hath a voice in the Election of Knights Citizens and Burgesses should Chose and Elect to sit in Parliament for the future when his Majesty shall be pleased to Issue forth his Royal Writs for the same If you know of any that have offended grievously in former Parliaments Elect them not again upon an expected repentance All jealousies and fears laid aside Elect such as are Men of good Fortunes not such as have their fortunes to make such as are Wise and prudent Men in the management of their own private Affairs at home and in their several Countries make a right and good use of those benefits which God hath put into their hands for their succouring of others their poor Tennants and Neighbours whose vertue is yet altogether joyned with that Justice that is prudently guided with Moderation and reason for they that know well how to manage their own private Affairs when called thereto will in all probability as carefully contribute their prudent and hearty endeavours for the preservation of the Publick Peace and welfare of the whole Community Let not Elections be carryed on as heretofore with partiality and popular heat let the Gravity and discretion of the more sober and better educated Gentry allay and fix the Commons to a due temperament guiding some Mens well meaning Zeal by such Rules of Moderation as are best both to preserve and restore the health and welfare of all States and Kingdoms Every Freeholder ought to know and well to consider with what power he trusts those whom he chooseth in regard the Power of the House of Commons is derived from that trust and the Kings Writ directed to the Sheriff gives Authority to the Freeholders to make their Elections in which is expressed not only the Sheriffs Duty in point of Summoning but the Writ also contains the Duty and Power of such Knights and Burgesses as shall be Elected and such as shall be Elected are to know that as a Body Natural cannot do any perfect Act if it be dismembred viz. if the Head be in one place and the Body in another place and so of the rest of the Members of a Body Natural so it is in like wise of the Parliament which may be said by the Power of the King to be made corporate or the highest Court aggregate and consisting of the King or Queen of England the Lords Spiritual and Temporal and the Commons in Parliament Assembled the Members whereof are or ought to know that they are Capitulariter or rather sub uno capite congregati Chapterwise or rather Assembled under one Head which is the King or Queen thereof who have the only Power Priviledge and Prerogative not only of Summoning but also of Adjourning Proroguing and Dissolving of the Parliament as alsh of Passing or not Passing any Bills whatsoever framed for Acts at