bind him but what proceeds from his own Mouth nor that neither any longer than he pleases and by vertue of such a Traiterous Legerdemain a Prince is to be distinguish'd oft and absolv'd from a Coronation-Oath and our Allegiance to be transpos'd or inverted by a barbarous Contradiction of the Term into a subsequent Obligation And the Duty of Obedience must shift with the Wind because the Weathercock was placed upon Churches in pious memory of St. Peter who besides denying Christ preach'd as 't is said the Doctrine of Passive Obedience also I 'm sure if this be true morally speaking 't will be nonsense and to no purpose to pretend to establish any Laws in Church or State And our Ancestors had been ev'ry jot as well employ'd at Push-pin or with Socrates and his Boys playing at Cob-Nut or riding the Hobby-horse with as good a grace as contending for Magna Charta All Government in short without the immediate hand of Heaven which we are not taught by God or instructed by the Events of Story to rely on or expect will at this rate of Argument become utterly impracticable and must degenerate into Confusion So on the other side the misapplication of the Constitution of Government may be almost as fatal as the throwing it off As for instance in a Mixt or Limited Monarchy where the Ingredient Qualifications are not duly observed and fairly maintain'd Sometimes these Forms have prov'd but Snares on the Subjects Liberties and Properties Thus it is when one part of the State encroacheth upon the others and 't will be the same thing when they have all together or two of them too close and united a Correspondence and Intelligence and the Trinity in Unity or Vice versa if I may so speak are confounded and consolidated The one part of the Body represented may thus as well be betray'd out of its Rights as huffed out of them in the other Case Where-ever a Constitution is not preserved in its primitive force and dignity according to the true intent thereof some part may and must suffer A Legislative Power may be as pernicious as an Executive for 't is far from impossible that Injuries may be done under the Colour and Mask of Laws Sir William Temple quotes Heraclitus for saying The only skill or knowledge of any value in the Politicks was the Secret of governing all by all And he afterwards remarks That what Prince soever can hit of this Secret need know no more for his own Safety and Happiness or that of the People he governs For no State or Government can be much troubled or endanger'd by any private Factions which is grounded upon the general Consent and Satisfaction of the Subject Happy Kings if they would be contented to have kept within the Confines of such Measures But this is a Doctrine which will not go down with Kings Thus Germany flourish'd till Charles the Vth's time who introduced higher Reasons of State till the Jesuits taught the way of bringing the Sovereign Power from the States to the Empire What hath Spain got by the pretence of an Absolute Power i. e. Oppression It lost Portugal it lost the Low Countries c. And in truth the Kings of Spain have exerted their Power so far till they have lost it all and by Trick of Favourite-Ministers and other Politicks interchangeably transacted and shuffled between them and the French Kings they are now at last scarce in a Condition by virtue of such Arbitrary Extravagancies to defend themselves The Princes of Italy who are so Absolute only betray their own Weakness by it And though France at present may seem to flourish outwardly yet who knows not that She groans in her Bowels Indeed Sir Robert Cotton is unhappily mistaken in his Conclusion touching England That it cannot groan under a Democracy which it never yet felt or fear'd And the late Times under King Charles the First seem to be an Instance to the contrary and an Exception to that Rule But then the Reasons are given by him but just before viz. That such a Government suiting thus with Monarchy must strictly maintain its Form And I doubt 't was something like affecting at Arbitrary Power exclusive of his Parliament at least the House of Commons which brought that Unfortunate Monarch within the Exception to the Rule and the Rule may stand good still Generally speaking Trick and Fraud seldom make a Second Advantage and Matchiavel after all his Noise instances only in Alexander the Sixth who he says thriv'd by it yet mark the End he at last was poyson'd by a Fraud prepared by his Bastard Borgia for another The French have a Saying L' Addresse surmonte la Force But I suppose they are not so harden'd to extend this to all Frauds and Falsifications There are some Honest Politicks and Stratagems which a Man of Honour may lawfully use no doubt in War in Peace in Treaties Honest if only that Custom hath given them a sort of Sanction Though by the by of old these Methods were despised by the Braver Heroes even before Christianity which allows us to be Wise as Serpents but Innocent as Doves But all that I contend for in Modern Politicks is the Exercise of Justice and Honour which is or ought to be the Peculiar Character of Kings And that Sincerity is the likeliest Principle to establish a Nation And must hold with Padre Paolo That open Honesty and Plain-dealing at last will prevail against Trick and Artifice All Laws of Power are or are supposed to be founded on the Law of God and 't is said Righteousness supports Crowns For God's sake What is the Moral of Prerogative What is the End of this Absolute Power Whence do Kings derive this superlative Talent of controuling Mankind Is it that they have been stiled and courted as Gods or their Representatives Alas we find they represent Man in Understanding and Failings 'T is not therefore that they are inspired with any greater Degree of Perfection or Wisdom No we find by Experience they are in this like other Men subject to the same Passions and Infirmities As King James the First said They differ not in Stuff Their Natural Advantages do not afford them such Superiority and Pre-eminence in Power with any Justice of Human Reason This great Deference and Submission which they claim as due to their Character must be either That God once vouchsafed them his Supernatural Assistance or That now Kings are presumed to have the Assistance of a Better and Wiser Council If the first the Signs are vanished if the latter 't is confess'd due subject to the Rules and Forms of the General Law of Nations and the Municipal Laws of the Land on supposition that Kings act and labour by the joint Concurrence of Wise and Legal Councels for the Publick Good of the Common-wealth Hence it is that they are endow'd with greater Privilege Hence it is that they are intitled to what is call'd Prerogative to pass over the Definitions
given by Bracton and Britton and Fortescue's foolish Etimology There must be a Prerogative somewhere in all Places There is a Prerogative in Kings by the Law of Nations and the Use of it is to shew Mercy to reward Virtue 'T is the Law that punisheth not Kings and because there is no written Equity in Criminal or Capital Matters therefore the Seat of Mercy is placed by the Fountain of Justice This is no doubt properly and truly to be God's Vicegerent Thus with us Potest Rex ei lege suâ Dignitatis Spelman Gloss Praerogativa Regis Condonare si velit Mortem promeritam Spoken of Edward the Confessor Though there is a sort of Equity by the Letter of our Law in the Case of Manslaughter making an allowance for the Passions of Men and the King's Pardon of Murder hath been question'd it looks like a Dispensing with the Positive Law of God It is certain he can't change the Punishment There are several Prerogatives and Flowers of the Crown some of Use some for Ornament but founded also upon Reason The King hath all Mines of Gold and Silver Treasure Trove Escheats of all Cities May take his Creditors into Protection till he be satisfied with Preference May take Body Lands and Goods of Debtor c. because the King's Treasure is supposed to be for the publick Benefit May make any Foreign Coin lawful Money of England by Proclamation for Exigencies may require it The King may dig in the Subjects House not Mansion-House or Barn for Salt-petre being for the Defence of the Nation Kings only can have Parks and Chaces and not Subjects without his License So Swans in Royal Rivers because they are stately Creatures and Royal Game and become the Honour of a King The King shall be said to be Founder though another join in the Foundation c. because 't is for his Honour The King shall have Ward though the Lands were held of him by Posteriority because the King's Title shall be preferr'd and not put in Competition with the Subject So he shall not be Tenant in common i. e. He shall have all because a Subject ought not to be equal with him in any thing There are also several other Franchises which by the Policy of our Law belong to the Crown And we say in our Law That the King's Prerogative is part of the Law of England and comprehended within the same We say also That the King hath no Prerogative but that which the Law of the Land allows him And 't is certain he is restrained in several respects by our Law as in a Politick Capacity Letting pass those Distinctions and Cant in Coke's 7th Rep. Calvin's Case of the King's Prerogative As he hath Advantages so he hath his Disadvantages also at least Kings or others for them are apt to call them so Thus he can't by Testament dispose of the Jewels of the Crown 't is doubted whether he may legally pawn them though it be said he may give them by his Letters-Patents 't is against the Honour of the Crown The Law is so jealous of the King's Honour that it hath preferr'd it before his Profit He hath no Prerogative against Magna Charta cannot take or prejudice the Inheritance of any Can 't send any man out of the Realm against his Will because he hath the Command of the Service of the Subjects only for Defence of the Realm Can 't lay any new Impost on Merchandises Can take none but usual and Ancient Aids and Taxes Can 't dispense with Statutes made for Publick Good or against Nusances or Mala in se Can do no Wrong Can 't alter the Law Common or Ecclesiastical Nor Statute-Law or Custom of the Realm by Proclamation or otherwise Nor create any Offence thereby which was not an Offence before Can 't grant a Corporation any new Jurisdiction to proceed by Civil Law because it may deprive Subjects hereby of Privilege of Trial. The King can't put off the Offices of Justice of a King is not suppos'd to be ill-affected but deceiv'd and impos'd upon and abus'd Eadem presumitur mens Regis quae est juris c. But the late Sticklers for Arbitrary Power have found out a Plea for the Absoluteness of Kings which as they think carries some Face of an Objection against the fettering their Prerogative Say they At this rate a King can never exert himself as he ought to do any Glorious Action or as King James the II d phras'd it to Carry the Reputation of a Kingdom high in the World He cannot extend his Conquests c. No matter whether he can or not Neither can he oppress his Subjects It is sufficient for Kings especially for a King of Great Britain to be on the Defensive by Land neither do I believe any of our Kings ever got any thing by extending their Dominions 'T is no Argument to us in our Situation if the matter were so But this Notion is a Mistake For never did any King do extraordinary Feats where he made War and carried it on against the Inclinations or without the Consent of his People The Fights with the Dutch at Sea in the Reign of King Charles the II d is a sufficient Instance of this Nature We fought against the Grain and without an Enemy as Sir William Temple observes Nor shall we find in History that any King hath continued his enlarged Bounds where he carried on Imposts and Taxes by Violence at Home to the Impoverishing of his People Let the End of this present French King be observ'd who seems to stand an Exception at present but he stands a very ticklish one Besides the true Interest and Advantage of our Island lies another way To maintain the Sovereignty of the Seas to promote Trade and Traffick c. And to this purpose the King hath the highest Prerogative in this Element He may press Men for this Service which he cannot for any Foreign Expedition by Land He hath Customs Tunnage and Poundage c. Yet not these without Consent in Parliament and some of our Kings have made but a scurvy Experiment in attempting to take them without it Whence then doth come this Title to Arbitrary Absolute Power It must be the Child of Conquest or some other Paramount Inherent Right And to this purpose it is objected That by our Laws we acknowledge several Rights and Privileges of the Subject to be Concessions from Kings and we yield the Lands to be holden immediately or mediately of the Crown c. This is pretended to sound in Conquest rather than Compact or to be founded on the Patriarchal Right And Sir Robert Filmer especially is pleasant upon Sir Edward Coke for this He says If the first Kings were chosen by the People as many think they were then surely our Forefathers were a very bountiful if not prodigal People to give all the Lands of the whole Kingdom to their Kings with liberty to them to keep what they pleas'd and to
Goodliest Personage yet I doubt he was not the Wisest and he might well affirm that his Master Lewis of France exceeded Edward the IVth in Sense and Wisdom How idle and vitious was his Consideration upon that imagined Prophecy That G. should Disposse is his Children of the Crown to suffer it to influence him so far as to consent to the Murther as 't is said of G. Duke of Clarence on supposition foreign enough that That G. was intended him whereas it fell out to be Glocester to whose Tyranny he left them by this Foolish and Ungodly Fancy and such a prophane extravagant Application of Sorceries to which in truth that Age was every where too much addicted And 't was not his jealous practices with the Duke of Britaign against Henry Earl of Richmond could secure the Crown to his Children when he overlook'd the more immediate Danger EDWARD V. ONE would have thought Edward IV. might have without Sorcery or Prophecy foreseen what would become of the committing the Care of Edward the Vth to his Brother the Duke of Glocester who had before Killed Henry the VIth with his own Hand in all probability without Commandment or Knowledge of his Brother and his Son in his own presence and was suspected also to have a hand in the Death of his other Brother the Duke of Clarence besides the symptom of an ill-contrived Soul and Body Without taking notice of all the villanous popular Harangues Insinuations and Artifices used by the Duke of Glocester to get the King's Person into his Power out of the Hands of the Queen and her Friends In short this poor Prince was an Unhappy instance of a misplaced Guardianship and an Unnatural Uncle's Care A Youth made a Jest of Sovereignty for Ten Weeks and Sacrificed to Ambition at Eleven Years of Age and an instance of the fatal Credulity of a Woman too apt to be deceived as well as to deceive He and his poor Brother were Murthered in the Tower Betrayed by an Uncle and too easily delivered up by a Mother A Reign a fit Subject only for Poetry ' Twin-Brethren by their Death What had they done Aleyn Hist of Hen. VII Oh Richard sees a Fault that they were in It is not Actual but a Mortal One They Princes were 't was their Original Sin Why should so sweet a Pair of Princes lack Their Innocents Day i' th' English Almanack RICHARD III. THIS was so great a Monster in all Respects that he ought not for the Honour of England to have place amongst the Catalogue of Kings There ought to be nothing Recorded of him but only this That he died in the Field with his Sword in his Hand 'T is said he made Good Laws but I know of none Extraordinary but only One which is rather a Popular Declaration of what was so before and that was That the Subjects of this Realm shall not be charged by any Benevolence or such like Charge but it shall be damn'd and annull'd for ever Let his Laws be transferr'd to another Reign let us not acknowledge Mercy from the Hands of Blood Sir Francis Bacon saith That his Good Laws were but the Brocage of an Usurper thereby to win the hearts of the People as being Conscious to himself that the true Obligations of Sovereignty in him failed And if he had lived no doubt would have proved such a One as King James the First describes a Tyrant to be HENRY VII IT behoved Henry the Seventh having in himself but a slim sort of distant Title to support himself by Policy And here will appear what Single Prudence can do This maintain'd his Crown whilst he trim'd between Conquest Military Election Parliamentary Birth Donation and Marriage Though he did not care to be beholding to the Last and to take a precarious Right from a Wife Sir Walter Rawleigh says He was a Politick Prince who by the Engine of his Wisdom beat down and overturn'd as many Strong Oppositions both before and after he wore the Crown as ever King of Enggland did And Cambden Through whose Care Vigilancy and Policy and Forecasting Wisdom for times to come the State and Commonwealth of England hath to this day stood Establish'd and Invincible Henricus noster Septimus cum omnes Regni rectè Administrandi Artes calleret sic his Ornamentis Instructus venit ut cum Pacem Exulantem Exul exterremque Extorris concomitatus esset reducem quoque Redux aportaret Win. Com. de rebus Brit. But perhaps the Tyranny of his Predecessor might make his first Steps more easy However I take Henry the Seventh's Master-piece of Wisdom to be That he used That of other Mens also He call'd his Parliament and consulted with it upon all Occasions especially when he had any Provocations to War from France or Scotland Not insisting on but ever waving that impertinent piece of Prerogative of Declaring War upon a King 's own Head This Method open'd his Subjects Purses This procured even a Benevolence as odious as it had been heretofore and Great Sums of Money were soon collected by it The Commotions which happen'd in the North and West upon gathering the Subsidies were but slight Exceptions taken on the Occasion of the Extravagancies and Passions of particular Persons And the Business of Lambert Simnell and the greater Attempt of Perkin Warbeck were but the Effect of a Woman's Malice and promoted by the Dutchess of Burgundy who was an Avowed Enemy to the House of Lancaster Sir Francis Bacon tells us His Time did excel for Good Commonwealth Laws so that he may be justly celebrated for the Best Law-giver to this Nation after King Edward the First For his Laws whoso marks them well are deep and not Vulgar not made upon the Spur of a particular Occasion for the present but out of providence for the future to make the State of his People still more and more happy after the manner of the Legislators in Ancient and Heroical Times I suppose he means the state-State-Laws against Retainers and Riots these seem more properly to be made on his own Account and that no Person assisting a King de Facto should be attainted therefore by course of Law or Act of Parliament and that if any such Act should be made it should be void which seems also calculated for a particular purpose though it hath since made so much noise in the World as the Act to take away the Writ De Haeretico Comburendo was in King Charles the Second's Time And this de Facto Act seems to have no foundation at that time unless it were for fear of the Earl of Warwick who was the last Heir-Male of the Plantagenets for the King and People most certainly knew that Richard the Younger Brother of Edward the Fifth was Dead and Safe whom Perkin pretended to represent And methinks after all this Act seems to have but a Weak and Dishonourabble Foundation and leaves an ill Savour and will cast a Reflection some-where For Fears and Jealousies
Pharamond for introducing the Salique Law nor the Nobless of the Country for encouraging it for the Commandment says Honour thy Mother also I hope Sir Robert Filmer had no Gavelkind Land the Custom of Tanestry and Borough English must also be abominable in his sight which to other Men seem to be built upon good natural Principles of Reason But seriously what indifferent Person if there can be any such in the World will without indignation digest such sort of Debates After the same fashion Sir Robert Filmer gives us farther to understand He cannot learn That either the Hebrew Greek or Latin have any proper Original Word for a Tyrant or Slave it seems these are of late invention and taken up in Disgrace of Monarchical Government Why not more Charitably as well as more truly from the Experience of the Abuses in the Exercise of such Monarchical or Absolute Powers And he himself had given the reason but just before viz. That the Greek and Latin Authors liv'd in Popular Governments For which reason no doubt there was no occasion for such Monstrous and Barbarous Terms But he could not be in earnest in this Observation I must appeal from his Sincerity to his Judgment He does well to bar all other Schemes but his own He forbids us to rely on Aristotle the Grand Master of Politicks or the Greek or Latin Historians who liv'd in Popular Times Though Monsieur Rapin allows Aristole c. to be us'd in Divinity and says St. Thomas and other Divines have us'd him with good success But others and they Divines and Bishops too have lately told us That we are not to rely on Scripture in such Cases In what a condition is poor Subject Man And what was all this to the purpose when Scripture it self doth not peremptorily conclude us but leaves us at large to the Laws and Usages of Countries to the Ordinances of Man as Sir Robert himself confesses though with a lamentable strain upon St. Paul and St. Peter Every one saw what was aim'd at and offer'd by way of deduction from those Topicks of Doctrinal Government But because Sir Robert sends us to France to School to be inform'd in our Constitution and very much affects French Policy for he wrote in a time when the French Air was predominant let us see whether the Kings of France themselves did always talk in this Language Whether they have been continually so uniform in this Fancy of Absolute Power for the disposing of themselves and their Kingdoms Francis the First who was Contemporary with our Henry the Eighth and as Haughty a Prince and was attended with the Flattery of Courtiers too when he was taken Prisoner at the Battel of Pavia afterwards for Answer to the Proposals sent him by the Emperor for his Release amongst other things says That they were not in his power because they shock'd the Fundamental Laws of France to which he was subjected c. After he was at liberty having call'd an Assembly of the most Notable Persons of the Three Estates of the Kingdom for their Advice touching the delivery of his Children and himself proffering to return to Prison if they thought fit Their Orders all answer'd separately That his Person was the Kingdom 's not his and as touching the restoring of Burgundy That it was a Member of the Crown whereof he was but Usufructuary That therefore he could not dispose of the one or t'other But withal they offer'd him Two Millions of Gold for the Ransom of his Children and assur'd him That if it must come to a War they would neither spare their Lives nor Fortunes I 'm Mez. Chron. 587. sorry no Precedent will serve for our Imitation but only that of the present French King and his Ally the Great Turk In the sense of these Authors theirs must be the only Apostolick Orthodox Institution We are told also That there is a Place where whenever the King spits the greatest Ladies of his Court put out their Hands to receive it And another Nation where the most Eminent Persons about him stoop to take up his Ordure in a Linnen Cloth And other People where no Subject speaks to the King but through a Trunk and there are no doubt several other such like Fantastick Customs of Submission and Idolatrous Reverence What then Every Land is still nevertheless to be guided by its own Customs and Laws And I wish some of these Absolute Arbitrary-Power-Sparks liv'd in one of the last mention'd Places In earnest Flattery is a most sordid and pernicious Vice and we were lately very near drawing down Judgments on our selves for it and had like to have suffer'd for pretending to offer Sacrifices which were never meant This Stuff of Passive Submission to Arbitrary Tyrannical Powers could never be offer'd to sale in a true Light The Doctrine would stink in the Nostrils of a Good King who had any thing of Virtue Piety or good Nature A King who to use the words of King James the First Acknowledges himself ordain'd for his People having received from God a Burthen of Government whereof he must be Accountable and a good King thinketh his highest Honour to consist in the due Discharge of his Calling and employeth all his study and pains to procure and maintain by the making and executing of Good Laws the Welfare and Peace of his People and as the Natural Father and kindly Master thinketh his greatest Contentment standeth in their Prosperity and his greatest Surety in having their Hearts This as to the Political and Moral part of Government And as to the matter of Religion What is it but to inspire a King with Persecution What must this come to when Kings have different Educations and different Tutors to catechize them if the Civil Establishment be not our Standard and the Law our Protection in Church as well as State As to the Case where the King and the Laws are of the same persuasion If Recusants and Dissenters are so unfortunate as to fall under a Prosecution for their particular Opinions be it at the peril of the King's Conscience and those who advise him but here and here only is the true Notion of being Passive and I must confess I can't tell how to help them Here I think they must suffer and not resist but fly to another City if they do not like that where the Government legally sits upon their Skirts Though I know some don't allow the Legislative Power to intermeddle with Religion as having too much a Lay mixture for the Pallet of the Church Yet for my part I do not see how otherwise we could maintain any Establishment in it For though since the Reformation the King as Head hath the Supremacy devolv'd on him and 't is consented that he may make Canons to bind the Clergy even without a Convocation yet as the Church does not allow him to speak with his own Mouth or Act with his own Hands in the Administration of Essentials of Religion
't in Lewis the Son of Philip the French King the People in general not living like Men nor dying like Christians nor having Chrstian Burial the whole Nation one dismal Scene of Horrid Misfortunes Behold the Effect of Violated Faith and Arbitrary Oppression But it is no great Credit to Prerogative That this King who had no very good Title unless it were Election was the first Vindicator of it in a violent manner And asserted the Right to Absolute Power with the same Justice as he did That to the Crown in the time of Arthur his Nephew who was the Undoubted Heir By these means he brought himself and People into Troubles which never ended but with his Life HENRY III. HERE we may perceive as also in another Reign or two hereafter how the Irregularities of a Father or Predecessor involve the Son and Successor in a Remainder of Troubles and the Nation also in their intail'd Misfortunes For although those Lords as Sir Richard Baker tells us who had been constant to the Father notwithstanding his Faults were also more tender of the Son who was Innocent and so stuck to him That by the Interest chiefly of William Marshal Earl of Pembroke who married his Aunt they prevail'd so that Young Henry was Crown'd King yet he could not come to the Crown upon the square but was forc'd to do Homage to Pope Innocent for his Kingdom of England and Ireland when he took his Coronation-Oath and to take an Oath to pay the Church of Rome the Thousand Marks which his Father had granted And though after his Coronation most of the Lords maintain'd him in his Throne preferring their Natural Allegiance to Henry before their Artificial Obligations to Lewis and Beat or Compounded the latter out of the Kingdom yet this King Henry so soon as he was got out of Protection and came to Administer the Government himself immediately in gratitude Cancels and Annuls the Charters which he had granted on pretence forsooth of Minority altho' he had taken an Oath as well as the Legate Guallo and the Protector to restore unto the Barons of the Realm and other his Subjects All their Rights and Privileges for which the Discord began between the Late King and his People These Rights and Privileges were several times enquired into and ascertain'd by the Returns of the Knights who were charged to examine them were what were enjoy'd in the time of the Saxon Kings and especially under Edward the Confessor and what the Charters of King John and his own express'd For 't is ridiculous to imagine That William II. Henry I. Stephen and King John should pretend to an Arbitrary Power virtually who all came in by the Consent if not Election of the People We may see how a Favourite can Absolve a King in Law and Conscience too And what a pretty Creature a King is when Prerogative and Humour are Synonimous and he Acts by Advice of a single Person or Party counter to that of his Parliament Hence as the Historians say grew Storms and Tumults no quietness to the Subject or to himself nothing but Grievances all the long time of his Reign He displaceth his English Officers to make room for Foreiners and all the Chief Councellors Bishops Earls and Barons of the Kingdom are removed as distrusted that is for giving him Good Counsel and only Strangers preferred to their Places and Honors and Castles the King's House and Treasury committed to their Care and Government These Indignities put upon the Lords put them also upon Confederating to reduce the King to the sense of his former Obligations but to their Petitions he returns Dilatory and Frivolous Answers and to requite their Favours sends for whole Legions of Poictavins to Enslave the Nation and to crown the matter marries himself without Advice to a Daughter of the Earl of Provence by which he brought nothing but Poverty into this Kingdom Afterwards in the Long Story of this King we hear of nothing but Grievance upon Grievance Confederacy upon Confederacy Parliament upon Parliament and Christmas upon Christmas were kept here now there in as many Places as he call'd his Parliaments and to as much purpose Bickerings upon Bickerings and Battle upon Battle till it grew to that height That the Lords threaten'd to Expel him and his New Councels out of the Land and to create a New King and the Bishops threaten'd him with Excommunication whilst through a various Scene of Confusion and Hurly-Burly sometimes one Party being too peremptory sometimes t'other with an Interchangeable undecent Shuffling on the King's Side and a Rude Jealousy on the Lords and various Turns of Arbitrary Fraud and Obstinate Disputes for above Forty Years wherein Prerogative and Liberty grew Extravagant and Mad by turns till the Nation was brought to the last Gasp at length the King in the Fifty second Year of his Reign in most solemn manner confirms the Charters That Magna Charta which was granted in the Ninth Year and pretended to be avoided by reason of Infancy and the Statute of Marlebridge which he had granted upon his Second Coronation in the Twentieth Year Wherein Magna Charta and Charta de Foresta were confirm'd with this Clause Quod contravenientes graviter puniantur Upon which as is said Peace and Tranquillity ensued And these Charters have never since been Impugn'd or Question'd but Confirm'd Establish'd and commanded to be put in Execution by Thirty two several Acts of Parliament And from the Authority whereof no Man ought to be permitted to recede even in his Writing to flatter any King whatever and Sir Robert Filmer Dr. Brady and Mr. Bohun c. perhaps deserv'd as severe a Correction as Collonel Sidney for writing Books and Papers only for I do not think he deserv'd Hanging if not greater for their's were dispers'd by an ill-tim'd-publication whereas t'others lay still only in his Study We date our Non Obstantes from this King which Matthew Paris calls an Odious and Detestable Clause and Roger de Thursby with a sigh said it was a Stream deriv'd from the Sulphurious Fountain of the Clergy EDWARD I. I Know not whether this King may come up to the Character which some of our Historians give of him in all Respects yet without doubt he stands an Instance and Example of Princely Qualities and Virtues fit to be imitated and at least as he is stiled the Second Ornament of Great Britain And as a Wise Just and Fortunate because Wise and Just Prince who in regard of his Noble Accomplishments and Heroical and Generous Mind deserves to be ranged amongst the Principal and Best Kings that ever were as Walsingham and Cambden Polyd. Virgil and Others relate Baker divides his Acts into five Parts 1. His Acts with his Temporal Lords 2. His Acts with his Clergy 3. With Wales 4. With Scotland And lastly With France And First He gave his Lords good Contentment in the beginning of his Reign by granting them Easier Laws and particularly in the