of GOD and all Natural Laws Which Answer of the Duke of York and h s Claim to the Crown was by the same Parliament expresly recognized and declared to be Good True Just Lawful and Sufficient And when in the same year Edward Earl of March eldest Son to the said Duke of York upon the death of his Father took possession of the Crown by the Name of King Edward the IVth his Title was in full Parliament by all acknowledged in these Words Knowing also certainly and without doubt and ambiguity that by GODs Law and the Law of Nature He viz. the said King Edward and none other is and ought to be true R ghtwise and Natural Liege and Soveraign Lord And that he was in right from the Death of the said Noble and Fam us Prinee his Father very just King of the same Realm of England And so little Respect was given to the aforementioned Act of Entail that it was not so much as repealed being esteemed from the very beginning null and void in it self Nor indeed were any Acts of Henry the IVth Vth. or VIth stiled Kings in Deed and not of Right deemed to be in force but such as were expresly confirmed by Edward the IVth in the same manner as his Sacred Majesty now reigning confirmed the judicial Proceedings of the late Usurpation As little Success had that Monster of Nature Richard Duke of Glocester who being by the Interest of several factious Lords chosen Protector to his Nephew the young King Edward the Vth having by that means gotten into his hands the military Force of the Nation pretending that the Children of his Brother King Edward the IVth were illegitimate laid claim to the Crown which he not only entailed by Act of Parliament upon himself and his Issue but the better to secure it in his Line caused the Innocent young King and his only Brother the Duke of York to be barbarously murthered in the Tower yet did he within three years lose both his Crown and Life to Henry Earl of Richmond on whom and his Heirs it was again by Act of Parliament entailed which yet would little have availed him or his Posterity had he not prudently acording to his promise by which several of the Nobility were induced to assist him married Elizabeth eldest Daughter of King Edward the IVth and immediate Heiress of the Crown whereby happily turning his Usurpation into a lawful Sovereignty he secured himself in the Throne But that his Issue by any other Lady could not have had better Success against the Princely House of York than Adonijah had against Salomon may more than probably be presumed if we shall consider what Fate attended the many mad Acts made by Henry the VIIIth about the Succession This haughty Prince whose capricious Humor none of his Parliaments durst gainsay having after above twenty years Cohabitation divorced his Queen a chast and vertuous Lady did in the twenty fifth year of his Reign disinherit by Act of Parliament the Lady Mary his Daughter by her settling the Crown by special Words for want of Issue Male on his Issue Female by the Lady Anne Bullen To the observation of which Act the whole Nation was obliged by an Oath imposed the year following the Refusal of which Oath was adjudged Misprision of Treason And yet in the twenty eighth year of his Reign he bastardized and made illegitimate to all intents and purposes as he had done formerly the Issue of Queen Katherine the Issue betwixt him and the Lady Anne Bullen barring them to claim challenge or demand any Inheritance as Lawful Heir or Heirs to him by Lineal Descent making it Treason for any one notwithstanding their former Oath by Words Writing Printing or any other exterior Act directly or indirectly to call any of the Children born under the unlawful Marriages of Katharine and Anne Bullen legitimate and enacting that in case he had no Issue by Jane his then Queen he might dispose of the Crown to whatsoever person or persons he pleased the whole Nation being bound to the observance of this Law by the Sanctimony of an Oath the refusal whereof was made High Treason After all this in the thirty fifth year of his Reign he by another Act entailed the Crown on himself Prince Edward and the Princesses Mary and Elizabeth without repealing the former Acts or taking the least notice of their being so signally bastardized and for default of Heirs of their Bodies on such person or persons as he should nominate by his Letters Patents under his Great Seal or by his last Will in writing signed by his most Gracious Hand the whole Nation being again sworn to observe his pleasure herein Consequently whereunto he by such his last Will and Testament solemnly bequeathed the Crown upon failure of his own Issue to the House of Suffolk being the Issue of his younger Sister Mary excluding by that means from the Throne as much as in him and his Act of Parliament lay the Issue of his Elder Sister whose Royal Blood he affirmed the cold Air of Scotland to have frozen up in the North. Yet when after the Death of his three Children reigning successively these disinheriting Statutes the last whereof was confirmed by Act of Parliament in the first year of Queen Elizabeth in whose thirteenth year there passed also an Act That it should be Treason during her Life and a Praemunire afterwards to assert that the Imperial Crown of England could not be disposed of by Act of Parliament came to the Test they had not the Honor to be repealed but were held null and void from the beginning as being notoriously repugnant to the Laws both of GOD and Nature and the common Customs and Constitutions of the Realm And the Lords Spiritual and Temporal and the Commons assembled in Parliament notwithstanding all these unrepealed Acts having confest the Inestimable and unspeakable Blessings accrewing from the Vnion of England and Scotland under one Imperial Crown in the Person of King James lineally rightfully and lawfully descended of the most Excellent Lady Margaret Eldest Daughter of the most renowned King Henry the VIIth and the high and noble Princess Queen Elizabeth his Wife eldest Daughter of King Edward the IVth proceeded to the Recognition of his Title in these Words We being bounden thereunto both by the Laws of GOD and Man do recognize and acknowledge that immediately upon the Dissolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belonging to the same did by inherent Birthright and lawful and undoubted Succession descend and come to your most Excellent Majesty as being lineally justly and lawfully next and sole Heir of the Blood Royal of this Realm And that by the Goodness of GOD Almighty and lawful Right of Descent Your Majesty is under one Imperial Crown of the Realms and Kingdoms of England Scotland France and Ireland the most potent and mighty
reach up to Heaven But to shew how vain all humane Designments are which think to contest with the Dispensations of Divine Providence the Almighty sent amongst them a Confusion of Tongues and dispersed those who were congregated into one place over the Face of the whole Earth By this Dispersion there were according to the generally-received Opinion seventy two distinct Nations erected all which were not confused Multitudes left at Liberty to choose what Governors or Government they listed but so careful was GOD even in that Confusion to preserve the Paternal and Monarchical Authority that he distributed the Diversity of Languages according to the Diversity of Families having Fathers for Rulers over them This appears plainly in the sacred Text where after the Enumeration of the Sons and Grandsons of Japheth immediately follow these Words By these were the Isles of the Gentiles divided in their Lands every one after his Tongue after their Families in their Nations So again of the Children of Ham it is said These are the Sons of Ham after their Families after their Tongues in their Countreys and in their Nations And again of the Children of Shem These are the Sons of Shem after their Families after their Tongues in their Lands after their Nations The Conclusion of the whole being thus These are the Families of the Sons of Noah after their Generations in their Nations and by these were the Nations divided in the Earth after the Flood However therefore the Manner used by Noah in the Distribution of the Earth amongst his Posterity be uncertain yet most certain it is that the Division it self was by Families from Noah and his Children over which the Fathers were Rulers enjoying as absolute an Authority and Dominion as ever any Monarch since the Creation pretended to Agreeably to this Account of the Original of Monarchy delivered in in holy Scripture doth Plato in his third Book of Laws affirm that the true and first Reason of Authority is that the Father and Mother and simply those that beget and ingender do command and rule over all their Children Groundless therefore is that Distinction which some men make of Monarchy into Despotical and Paternal since no Master has Right to exact a more absolute and unlimited Obedience from his Slave than is due from the Child to the Father Of the Absoluteness of this Paternal Jurisdiction Examples are frequent in Holy Writ Thus we find that Abraham commanded an Army of three hundred and eighteen Souldiers of his own Family and that Esau met his Brother Jacob with four hundred Men at Arms. Thus Abraham concluded a Peace with Abimelech and ratified the Articles by Oath Thus Judah sentenced Thamar his daughter-in-Daughter-in-Law to be burnt for playing the Harlot Which three Acts of making War concluding Peace and giving Judgment of Life or Death are the chief marks of Soveraignty that can be found in any Monarch As the Original therefore of Monarchy was of Divine Institution so its Power was uncontrollable nor can it be otherwise without the Destruction of the Government it self Rightly then whatever Milton in his Justification of the blackest Treason that ever Eye beheld sayes to the contrary is a King defined by Salmasius He who has the Supreme Power in the Kingdom accountable to none but GOD who may do what he pleases and is free from the Laws Ridiculous then if not Malicious are the clamors of those who daily fill the World with Outcries against Arbitrary Power For there never was nor ever can be any People governed without a Power of Legislation which Power must of necessity be Arbitrary and is an inseparable Concomitant of the Supreme Governor or Governors and must therefore in a Monarchy reside in one The Question then is not whether there shall be an Arbitrary Power without which not any Government can one Moment subsist but who shall have this Arbitrary Power whether one man or many that is in effect whether the Government shall be Monarchical or not Nay it has been seen that those very Persons who clamored so much and with so little reason against an Arbitrary Power in their Prince have themselves exercised the Height of Arbitrary Power over their fellow Subjects punishing them by Imprisonment and other Penalties not for the Breach of any known and certain Laws but of unknown and uncertain Priviledges and ascending to that Excess of Insolence as even against all Law Reason and Equity to declare it Criminal for any one to lend Money to his King It is an antient Tradition which has every where obtained Reputation that Noah as Lord of all was Author of the Distribution of the World and of private Dominion and that by the appointment of GOD himself he confirmed this Distribution by his last Will and Testament left at his Death in the Hands of his Eldest Son Shem by which he warned all his Sons that none of them should invade any of their Brothers Dominions because Discord and Civil War would thence necessarily follow Thus we find that in all Nations the Princes were at first Lords of the whole Lands as well as of the whole Inhabitants amongst whom they divided such part thereof to be held by such Tenures and Services as they judged most convenient Instead then of Empires being founded in Property as some men love to speak the Natural dominion of the Prince was the Original of all Propriety Monarchs at first governed by no stated Rule or Law but by immediate Edicts or commands of their own Wills as they in their own Judgments thought fit But when Kings came to be so busied with Wars and distracted with publick Cares that private persons could not have access to them to learn their Pleasure upon every occasion then did they both for the Ease of themselves and their people set down Laws by which they would ordinarily govern reserving to themselves nevertheless Liberty to vary from them as oft as they in their Discretion should think fit Afterwards Princes graciously condescended to call to their Councels several of the Chief men of their Kingdoms and in time to admit likewise of Deputies from their People without whose Advice and Consent they would neither make new nor abrogate old Laws Thus all those Rights and Priviledges which licentious people make their pretence of contesting with their Soveraigns had no other Original but the Gracious Concessions of Princes which tho they are so far bound to keep as that when in a setled Kingdom the Prince leaves to govern according to Law he is guilty of very great Injustice yet where he sees the Laws rigorous or doubtful he may to the Peoples great Happiness lest otherwise Summum jus should prove Summa injuria mitigate and interpret them And whenever any powerful Faction shall by making ill use of the Grace and Bounty of the Prince endanger the Subversion of his Government the Safety of the People whom GOD has committed to his Care being the Law-paramount over all others obliges him
to make use of that Arbitrary Power whereof tho in the exercise of it he may restrain himself yet he can never be divested to secure himself and people from the Contrivances of malicious and ill-designing Persons Those therefore that argue for Limited or Mixed Monarchies do in effect only plead for Anarchy and Confusion For either these Limits must be such Laws and Bounds as the Monarch has set himself to Govern by to the Observance whereof tho he may by Promise so far engage himself that he cannot as has been said ordinarily transgress them without the Sin of Injustice yet this Promise of his which is but an after-After-act of Grace not dissolving that absolute Subjection which preceded it his Power if he will sinfully put it forth to act is no less Arbitrary than it was before the making of the Promise Or if you will imagin these Bounds of the Monarchs Power to be ab externo and not from the free Determination of his own Will then the Subject as they say not being legally bound to subjection in case the Prince commands beyond the Law if there arise a Dispute between the Monarch and the meanest of his Subjects about the Legality or Illegality of his Commands either the Monarch himself must be Judge and then farewel Limitation or else the whole people or some part of them and then farewel Monarchy or else there must be no Judge at all and then farewell Government So likewise in that which they call a mixed Monarchy or a Government composed of Monarchy Aristocracy and Democracy either the Soveraign Power must be Originally in the Monarch and derivatively only in the others and then farewel the Mixture or else it must tho acknowledged to be an indivisible Beam of Divine Perfection be originally shared amongst them all and then farewel the Monarchy So also in this Mixture as they call it of Power if a Difference arise between the Prince and the States there being according to their Principles no Authoritative judge to determin it the Government is dissolved and every man left at liberty to side with that Part which in his Reason and Judgment stands most for publick Good more than which the Wit of Man cannot say for Anarchy The unlimited Jurisdiction of Kings is so strongly asserted in Scripture that it occasioned one who writ in justification of the late Rebellion to affirm That to make a King by the Standard of GOD's Word is to make the Subjects Slaves for Conscience sake Than which I know not whether any thing can be said more impious The Paternal Empire as it was in it self hereditary so was it as other Goods are alienable by Patent and seizable by an Usurper Thus amongst the first Fathers of Families dispersed by the Confusion of Babel was Nimrod who being no doubt by good Right Lord or King over his own Family and not contented therewith did against Right enlarge his Empire by violently seizing on the Rights of other Fathers of Families and laid the Foundation of the first of those great Kingdoms which for the vast Extent of their Dominions were called the four Monarchies of the World Yet this Power he got by Usurpation and not by any Election of or Faction with the People or Multitude The Dominions indeed of Princes anciently were but small consisting generally but of Cities apiece with the adjacent Teritories Thus in a little Corner of Asia nine Kings met at once in Battle In the small Circuit of the Land of Canaan Joshuah destroyed one and thirty Kings Adonibezek made seventy Kings whose Thumbs and Toes he had cut off to feed under his Table Two and thirty Kings came to Benhadad King of Syria and seventy Kings of Greece went to the Wars of Troy But in process of Time partly by Conquest partly by Lineal Succession and partly by the Cession of many little Princes these Petty Kingdoms were united and greater Monarchies erected Whence tho Kings are not now the Natural Parents of their Subjects yet they all either are or are to be reputed the next Heirs to those Progenitors who were at first the Natural Parents of the whole people and as such succeed to the Exercise of Soveraign Jurisdiction not only over their own Children but over their Brethren and all that were subject to their Fathers As long as the first Fathers lived they were properly called Patriarchs but when the Fatherhood it self was extinct and the Right only descended to the next Heir they were more significantly styled Kings and Princes If through Negligence the Knowledge of the true Heir to any Kingdom be lost for the Right it self never can yet does not the Supremacy devolve to the multitude who never yet had right to Rule or choose their Rulers but to the Princes and independent Heads of Families and because the Dependency of ancient Families is frequently obscure and worn out of Knowledge to such persons as the Wisdom of the precedent Monarchs thought fit to adopt for Heads of Families and Princes of Provinces These and none but these have it such Case alone Power to consent in uniting or conferring their Fatherly Right of Soveraign Authority oâ— whom they please Nor does the person thus elected hold his Power as a Donative from the People but from GOD from whom alone he receives his Royal Charter of Universal Father tho testified by the Ministry of the Heads of the People And altho I do not say that all popular Governments are so far unlawful as to oblige them things being as they are to subject themselves to Monarchy yet this I must aver as a most undoubted Truth that no other Government but Monarchy had ever any lawful Original there never having been any Nation which was not for many years governed by Kings untill Wantonness Ambition or Faction of the People made them attempt new wayes of Regiment which Mutations alwayes proved bloody and miserable to their Authors and happy in nothing but the short time of their Duration The Excellency of Monarchy is not only manifest by the Divineness of its Originall Excellency but also by the singular Advantages it has over any other Form of Government The chief End of Government is that the People may according to the Apostle Lead a quiet and peaceable Life in all Godliness and Honesty Consequently whereunto we find that in all Monarchies both before the Law of Moses under it and ever since whether Grecian or Barbarian Jewish or Pagan Christian or Turkish a singular Care has been taken for Religion the Priests whereof have been alwayes had in such Respect and Veneration as to have an eminent Share in the Administration of the Government But in all popular States their main Devotion being exercised only in opposing and suppressing Monarchy their next is to exclude the Clergy from medling with Government wherein the Vnited Netherlands and Venice of which it is commonly said that the one hath all Religions and the other none do at this day
that as their Persons were sacred and Spiritual so it was no less a part of their Duty to take care of the external Regulation and peace of the Church than of the Civil Government of their States Yet were there antiently none anointed but the two Emperors of the East and West the Kings of France England Sicily and Hierusalem amongst whom the Monarch of Great Britain may lay as ancient a Claim to this Holy Unction as any other Prince of Europe the very first Kings of this Island after it was freed from the Jurisdiction of the Romans having been anointed By reason of which Unction it was in the Reign of Edward the IIId declared that the Kings of England were capable of Spiritual Jurisdiction Of this Sacred Person of the King of his Life and Safety so singular a Care is taken that the Laws of both the Realms whereinto this Island is divided do herein agree that it is High Treason only to imagin or intend the Death of the King And because likewise by imagining or conspiring the Death of the Kings Councellors or Great Officers of his Houshold the Death of the Sovereign may ensue and is usually aimed at all such Conspiracies tho never taking effect are punished with Death tho in all other Capital Cases no man is put to Death unless the Act follow the Intent Nay in so high an esteem is the Kings Person had that to offend against those Persons and Things whereby he is represented as to kill some of the Crown Officers or any of the Kings Judges executing their Office to counterfeit the Kings Seals or his Moneys is made High Treason because by all these his Sacred Person is represented And so horrid is this Crime of High Treason that besides the Loss of Life and Honour the Criminal forfeits all his Estate Real and Personal his Wife loses her Dower his Children their Nobility and all their Right of Inheritance to him or any other Ancestor and are to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them For so heinous is this Offence that the Law can hardly endure to see the Posterity of the Offender survive him And rather than Treason against the Kings Person shall go unpunished the Innocent shall in some cases suffer for if an Ideot or Lunatick who having no Will cannot possibly be said to offend shall during his Ideocy or Lunacy kill or go about to kill the King he shall be punished as a Traytor tho not being Compos mentis he can neither commit Felony Petit Treason or any other sort of High Treason So tender a Regard is moreover had of this most precious Person of the King that no Physick ought to be administred to him but what his Physicians prepare with their own Hands and not by the Hands of any Apothecary nor are they to use the Assistance of any Chirurgeons but such as are sworn Chirurgeons to his Person This Person of the King in his Natural as well as Politick Capacity is every Subject to defend with his own Life and Limbs For the King being Father of his Country it should seem a pleasant thing to every Loyal-hearted Subject to lose Life or Limb in defending him from Conspiracies Rebellions or Invasions or assisting him in the Execution of his Laws The Office of the Monarch of Great Britain and indeed of every Christian Prince Office was by the Holy Roman Bishop St. Eleutherius described to our first Christian King Lucius Which Description recorded in the Laws of St. Edward the Confessor King of England is as followeth A King being the Minister and Delegate of the Supreme King is appointed by GOD for this end that He govern this Earthly Kingdom and People of our Lord and above all that he govern and venerate his Church defending it from all who would injure it That he root out of it and utterly destroy all Evil-Doers For the better enabling themselves to discharge this great and weighty Office to the just and upright Performance whereof every King at his Coronation obliges himself by solemn Oath Prerogatives the Monarchs of Great Britain have reserved as inherent in their Crown certain extraordinary Powers Preeminences and Priviledges commonly called Royal Prerogatives some of the most remarkable whereof in which as being necessary for the Preservation of the Government and the Safety and Interest of the People the Laws of both Kingdoms agree do here follow The King solely and alone has by his Royal Prerogative without any Act of Parliament the absolute Power of declaring War making Peace sending and receiving Ambassadours entring into and concluding Leagues and Treaties with any Forreign Prince or State He has the sole Disposing and Ordering of the Militia by Sea and Land raising Forces Garrisoning and Fortifying Places setting out Ships of War and Pressing Men if need require He alone disposes of all Magazins Ammunition Castles Fortresses Ports and Havens and has the laying out and employing as he pleases of all Publick Monies or the Revenues of the Crown and Kingdom He appoints the Metal Weight Purity and Value of Money and may by his Proclamation make any Forreign Coin to be lawful and Current Money within his Dominions By his Royal Prerogative he may of his meer Will and Pleasure convoke adjourn prorogue remove and dissolve Parliaments and may to any Act passed by them give or refuse without rendring any Reason his Royal Assent without which a Bill is but a meer Cadaver a lifeless and inanimate Lump He may at his pleasure increase the number of the Members of Parliament by creating new Barons and bestowing Priviledges upon other Towns to send Burgesses to Parliament Yea he may call to Parliament by Writ any one whether Alien or Native whom he in his Princely Wisdom shall think fit and may refuse to send his Writ to some others that have sat in former Parliaments His Majesty alone hath the Choice and Nomination of all Magistrates Councellors and Officers of State of all Bishops and other high Dignities in the Church of all Commanders and other Officers at Sea and Land the bestowing of all Honors of the higher and lower Nobility the Power of determining Rewards for Services and Punishments for Misdemeanors He may by his Letters Patents erect new Counties Bishopricks Universities Cities Burroughs Hospitals Schools Fairs Markets Courts of Justice Forrests Chases and Free-Warrens He hath by his Prerogative Power to enfranchise an Alien and thereby to enable him to purchase Houses and Lands and to bear some Offices He hath Power to grant Letters of Mart or Reprisal Safe Conducts c. No Proclamation can be made but by the King Between which and a Statute as the Difference originally was not great the King making the latter by the Common Councel of the Kingdom whereas in the former he had but the Advice of his great Councel of the Peers or of his Privy Councel only So what Judgment Parliaments have formerly
for the Safety and Well-Government of his Subjects the abandoning tho for so short a time the Protection and Defence of the People committed to his Charge Whatever things are proper unto Supreme Majesty Scepters and Crowns Soveraignty the Purple Robe the Globe or Golden Ball and Holy Unction have as long appertained to the British Monarch as to any other Prince in Europe The Antiquity of anointing Kings in Britain has been already shewn out of Gildas and as for the other four they are by Leland a famous Antiquary ascribed unto King Arthur who began his Reign in the Year of our Lord 506. Which was as soon as they were ordinarily in use with the Roman Emperors The King of Great Britain is an absolute and unaccountable Monarch a Free Prince of Soveraign Power not holding his Kingdom in Vassallage nor receiving his Instalment or Investiture from another Nor does he acknowledge Superiority to any but to GOD alone He is not only the Supreme but sole Legislator within his Dominions The Power of making Laws whatever some Antimonarchists pretend to the contrary rests solely in him And altho the Gracious Condescension of our Kings has been such as to render the subordinate Concurrence of the Estates of each Realm a Condition requisite to the making of new or abrogating of old Laws within the respective Kingdoms yet are they not thereby admitted to any Share in the Soveraignty their Power being wholly derivative from the King who is Caput Principium Finis Parliamentorum the three Estates when assembled in Parliament being as much his Subjects as every particular Man of them is when the Meeting is dissolved All Bills passed by them are but so much dead matter till quickned by his Royal Fiat which alone gives Life and Form to all their Proceedings Nor is it ex debito Justitiae but of his Special Grace that he passes such Acts as are presented to him Thus Henry the IIId begins his Magna Charta with Know ye that WE of our meer and free Will have given these Liberties Thus we hear King Edward the Ist saying The King of his special Grace for Redress of the Grievances of His People sustained by his Wars and for the Amendment of their Estate and to the intent that they may be the more ready to do him Service the more willing to assist and aid him in time of need Grants 28. E. 1. c. 1. And altho of later times Laws are said to be made by Authority of Parliament yet if we look into our antient Statutes we shall find the meaning to be that The King Ordains the Lords advise and the Commons consent Those then are much mistaken who affirm the Parliament to be at the least as Essential a Part of the Government as the Prince Which if it were true whenever the Parliament is dissolved the Government would be so too But this with the Pernicious Maxim of Coordinacy or sharing the Soveraign Power between King Lords and Commons with other treasonable and Antimonarchical Doctrines daily dispersed amongst the People and with the utmost of his Art industriously asserted by the Author of a late seditious Book entituled Plato Redivivus together with his audacious Proposals aiming to take all the Flowers out of the Imperial Diadem of the British Monarch are most fitly to be answered in Westminster-Hall as tending no less to the subversion of our Government which being purely Monarchical may be without the two Houses whereas they cannot be without the King than those traitorous Designs for which Coleman and his Accomplices paid their forfeited Lives to the Justice of the Laws The King of Great Britain is Lord Paramount supreme Landlord of all the Lands within his Dominions all landed men being mediately or immediately his Tenants by some Tenure or other By the Laws and Ordinances of ancient Kings saith Sir Edward Cook in the first part of his Institutes and especially of King Alfred it appeareth that the first Kings of this Realm had all the Lands of England in Demesne and the great Manors and Royalties they reserved to themselves and of the Remnant they for the Defence of the Realm enfeoffed the Barons of the Realm with such Jurisdiction as the Court Baron now hath The King as it is evident by the Rolls of the Chancellery in Scotland which contain their eldest and fundamental Laws is Dominus omnium bonorum and Dominus directus totius Dominii the whole Subjects being but his Vassals and from him holding all their Lands as their Over-lord Thus none but the King hath Allodium and Directum Dominium the sole and independent Property in any Land Upon this Ground no doubt it was that Serjeant Heal in the three and fortieth year of Queen Elizabeth said in Parliament He marvelled the House stood either at the granting of a Subsidy or time of Payment when all we have is her Majesties and She may lawfully at her pleasure take it from us and that She had as much Right to all our Lands and Goods as to any Revenue of the Crown And he said he could prove it by Precedents in the time of Henry the IIId King John and King Stephen And upon the same Ground was it resolved by the Judges in the beginning of the Reign of King James when there was a purpose to have taken away Tenures by Act of Parliament That such a Statute had been void because the Tenures were for the Defence of the King and Kingdom And altho since that the Tenures which gave a Dependency upon the Crown and were the greatest Safety to the King and People have been taken away and thereby a great Blow given to Monarchy yet let those who have the Fee the Jus perpetuum and the Vtile Dominium have a care lest by following the mischievous Advice of Plato Redivivus and abusing the Grace and Bounty of the Prince by endeavoring to draw the Soveraignty to themselves they necessitate not their King for the Preservation of himself and People to have Recourse to his Prerogative which is a Preheminence in Cases of Necessity above and before the Law of Property or Inheritance For the Prevention whereof it is to be wished that either by an Act of Resumption of the ancient Demesns of the Crown which was a sacred Patrimony and by Law unalienable or by such other way as the Wisdom of the Nation shall think fit a Royal Support adaequate to the Charges of the Crown be made for the King to defend his Kingdom and protect his People so that he may not be reduced to the Infelicity of having a precarious Revenue out of the Peoples Purse and to be beholden to a Parliament for his Bread in time of Peace which is no good Condition for a Monarchy As the Legislative Power is solely in the King so he alone has the Soveraign Power in the Administration of Justice and Execution of the Law He is the Fountain of all Justice which by his Judges and
other inferior Officers as so many Crystal Pipes he conveyeth to his People We will saith Edward the I st in his Book of Laws written at his appointment by John Briton Bishop of Hereford that our own Jurisdiction be above all Jurisdictions in our Realm so that in all manner of Felonies Trespasses Contracts and all other Actions Personal or Real We have Power to render or cause to be rendred such Judgments as do appertain without other Process whereever we know the right Truth as Judges All Jurisdiction say the Scotch Laws stands and consists in the Kings person by reason of his Royal Authority and Crown and is competent to no Subject but flows and proceeds from the King having Supreme Jurisdiction and is given and committed by him to his Subjects as he pleases The King then is the sole Supreme Judge all other Judges being his Deputies to whom whatsoever Power is by him committed yet is the last Appeal alwayes to be made to himself who may therefore as his Predecessors formerly have done sit in any Court and take Cognizance of any Cause but in Treasons Felonies c. the King being Plaintif sits not personally in Judgment but doth perform it by his Delegates From the King of Great Britain who being the only Supreme Head is furnished with Plenary Power and Jurisdiction to render Justice to every Member within his Dominions there lies no Appeal in Ecclesiastical Causes to the Bishop of Rome whose Authority ever since the Reformation has been here wholly abrogated nor in Civil Matters to the Emperor who for above twelve hundred years has not had the least Shadow of Pretence to any Jurisdiction within this Island nor in either to the people who both in themselves and by their Representatives in Parliament as well Conjunctim as Divisim are his Subjects and ow Obedience to his Commands To Legislation and Judicature which are solely and supremely in the King is necessary the Power of the Sword without which all other Power is nothing for forcing Obedience to the Laws and Judgments given both in Criminal and Civil Causes This having in virtue of their Soveraignty been alwayes indisputably enjoyed by the Monarchs of this Nation till the time of the late Rebellion was since his Majesties Restauration by a Parliament as truly zealous for the happiness of their King and Country as ever this Nation saw in proper and express Terms declared to be the Right of the King only without either of his Houses of Parliament the contrary Position thereunto asserted by the rebellious Members of the Parliament of 1640. having been the chief Means of overturning our Government and bringing Confusion and Misery upon this flourishing Kingdom Divinity So great was the Veneration shewn to the ancient Christian Emperors by their Subjects that they gave them tho imperfectly only and Analogically the Titles of Your Everlastingness Your Divinity and the like belonging essentially and perfectly to GOD alone Who to shew the great Power by him given to Soveraign Princes and to beget in the Hearts of their People an higher Esteem and more reverend Awfulness of them which failing all Confusion Impiety and Calamity break in upon a Nation is himself pleased as is manifest in Holy Writ to bestow upon them the Title of Gods as being his Vicegerents and representing his Majesty and Power upon Earth Nay so excessive was the Respect of the good Christians of those times that they were wont to swear by the Majesty of their Emperor as Joseph sometimes did by the Life of Pharaoh And this Custom seems to be justified by Vegetus a learned Writer of that Age being practiced only to create in the Subjects a greater Reverence for these Earthly Deities In like manner the Laws and Constitutions of this Monarchy attribute to the King whom they regard as GOD upon Earth divers Excellencies which belong properly to none but GOD. Thus as GOD is perfect so the Law will have no Imperfection found in the King No Negligence no Folly no Infamy or Corruption of Blood all former Attainders tho even made by Act of Parliament being ipso facto purged by the Accession of the Crown To the King is attributed Infallibility and Justice in the Abstract The King cannot erre The King can do no wrong To the King is likewise ascribed a Kind of Immortality The King never dies as being a Corporation in himself that lives for ever For all Interregna being unknown in these Kingdoms the same Moment that one King dies the next Heir is fully and absolutely King without any Coronation Ceremony or Act to be done The King is also in some sort said to be Omnipresent He is in a manner every where in all his Courts of Justice in all his Palaces Therefore it is that all his Subjects stand bare in the Presence Chamber wheresoever the Chair of State is placed tho the King be many Miles distance from thence He hath also a kind of Universal Influence over all his Dominions His Fatherly Care is extended to preserve feed instruct and defend the whole Commonweal His War His Peace His Courts of Justice and all His Acts of Soveraignty tend only to preserve and distribute to every person within his Territories their particular Rights and Priviledges By his Power of creating to the highest Dignity and annihilating the same at pleasure and much more by his Prerogative of pardoning those whom the Law has condemned he is invested with a kind of Omnipotency whereby he can restore to life those that are dead in Law And this Power of pardoning condemned Criminals is of such Benefit to the Lives and Estates of the People that without it many would be exposed to die unjustly The King alone in his own Dominions can say with GOD whose Representative he is Vengeance is Mine For all Punishments proceed from him in some of his Courts of Justice it not being lawful for any Subject to avenge himself The King alone is Judge in his own Cause tho he delivers his Judgment by the Mouth of his Judges But in nothing doth the King more resemble the eternal Deity than in the Plenitude of his Power to do what he pleases without being opposed resisted or questioned by his Subjects Nemo quidem saith Bracton de factis ejus praesumat disputare multo minus contra factum ejus ire Let none presume to search into his deeds much less to oppose them Nor is this a Priviledge belonging only to the King of Great Britain but a Prerogative inherent in every Soveraign Prince by vertue of his Soveraignty Where the word of a King is there is Power and who may say unto him what dost thou saith the Spirit of God by the mouth of the Royal Prophet Salomon For Kingly Power being by the Law of God hath no inferior Law to limit it The Emperor saith Saint Augustine is not Subject to Laws who hath Power to make other Laws Accordingly it is delivered by the great Lawyer
named Lucius whence the Title of Primogenitus Ecclesiae rightfully belongs to the King of Great Britain but given to the Church the first Christian Emperor even the famous Constantin here born of there-nowned British Lady St Helena by whose Example and Encouragement the Faith was generally received throughout the whole Empire The Independency and Absoluteness of his Authority holding of none but GOD and having in his own Dominions neither Superiour nor Equal The Eminence of his Royal Dignity State and Titles his Realm not having been only stiled an Empire and his Crown Imperial but this Island both in antient and later Times having been regarded as another World whereof the Monarch is sole Lord and Emperor The Martial Exploits and Achievements of his Ancestors abroad amongst whom is the first Christian Worthy and first Founder of Martial Knighthood the famous King Arthur in whose Heroick Acts there is Truth enough all that is thought fabulous being rejected to render him renowned to all posterity The Gallantry and and Stoutness of his People arising from their Freedom the Plentifulness of their Country and Generality of their Wealth His long-lined Royal Extraction wherein His Majesty now Reigning excels all the Monarchs of the Christian if not of the whole World The Hospitality and Magnificence of his Court than which no Court in Christendom is served with more punctual Attendance and State The Diversity of Nations and differing maternal Tongues subject to his Command The admirable Laws and Constitutions of his Government The Greatness of his Power by Sea and Land both Offensive and Defensive These and many other his Prerogatives considered We may well be permitted to affirm that besides the Preeminence he may challenge by his just Right to the Crown of France the Monarch of Great Brittain except the Precedency which he as all other Christan Princes acknowledges to the Emperor if he go not before yet at least ought not to come behind any King whatsoever CHAP. XII Of Succession to the Crown of Great Britain THE Monarch of Great Brittain has Right to the Imperial Crown of this Island by Inheritance according to the Laws of GOD and Nature and the fundamental Constitutions of the Realms of England and Scotland which both agree in this That upon the Death of the King the next of Kindred tho born out of the Dominions of Great Britain or born of Parents not Subjects of Great Britain is immediately King before any Proclamation Coronation Publication or Consent of Peers or People The Rule of Inheritance given by GOD himself to the People of Israel is this If a man dy and have no Son then he shall cause his Inheritance to pass unto his Daughter And if he have no Daughter then ye shall give his Inheritance unto his Brethren Agreeably to which Rule the Crown of Great Britain descends as an inalienable Heritage from the Father to the eldest Son and his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of Brethren to the Sister and her Heirs And so unalterable is this Course of Descent that no Act no Crime no Attainder of Treason can bar the next of Blood from being King in the instant of Time his Predecessor does not so much dye as by a State Metempsychosis transmit his Life his Breath or his Soul into the Nostrils the Body of his Successor For Hereditary Monarchy being as it has been clearly demonstrated an immediate Ordinance of GOD founded in the Prime Laws of Nature and the Laws of GOD and Nature being as all Christians acknowledge absolutely immutable it is a Madness to think that any Act of Parliament can change this unchangeable Law or with the least Color of Justice alter the Right of Succession This was well known to all our ancient Parliaments that were neither over-awed by any prevailing Faction seduced by designing Intreaguers nor yet vainly flattered themselves with an Omnipotent Power to create and annihilate Kings In one of which the States of the Realm unanimously answered King Edward the IIId asking their Advice in matters relating to the Crown That they could not consent to any thing in Parliament that tended to the Disherison of the King and his Heirs or the Crown whereunto they were sworn From whence Sir Edward Cook concludes That it is a Law and Custom of Parliament that no King can alien the Crown from the right Heir tho by consent of the Lords and Commons And elsewhere affirming King Johns Resignation of the Crown to the Pope to have been utterly void he alledges this Reason Because the Royal Dignity is an Inherent inseparable to the Royal Blood of the King descendable to the next of Blood to the King and cannot be transferd to another And altho by the Treasons and Conspiracies of ambitious disloyal and designing Persons the Crown has now and then been transferred from one Family to another yet does it appear in Story that since the time of the Norman Conquest the right Heir was never yet kept out beyond the second Descent And to the Honor of English Parliaments we can aver that never any Usurper tho armed with Power laid claim to the Crown in Parliament but by pretending to be of the Right Line nor did ever the Parliament allow of such Pretence if false but when awed by Fear and a vast Army And whenever the Terror of such armed violence being removed the true Heir was enabled to claim his Right the Parliament notwithstanding all such pretended Acts readily submitted themselves to their legitimate Prince as being bound thereunto by the Laws of GOD and Nature Thus altho Henry Duke of Lancaster backt by an Army of fourty or fifty thousand men under Pretence of a feigned Title from Edmund Crouch-back forced his Natural Soveraign King Richard the IId first to resign and afterwards to be deposed from his Crown which waving his former pretended Title he caused to be entailed upon himself his four Sons and the Heirs of their Bodies by Act of Parliament whereby he thought to have secured it to his Posterity for ever Yet notwithstanding these cautious Provisions seconded by the Valor and prodigious Success of that noble Prince Henry the Vth. when in the year 1460. this Entail was alledged against Richard Duke of York laying claim in Parliament to the Crowns of England and France as being the next Heir to Lionel Duke of â—larence elder Brother to John of Gaunt of whom the House Lancaster was descended the Duke of York unanswerably replied That if King Henry the IVth might have obtained the said Crowns of England and France by Title of Inheritance Descent or Succession he neither needed nor would have desired or made them to be granted to him in such wise as they be by that Act Which said he taketh no place neither is of any force or effect against him that is right Inheritor of the said Crowns as accordeth with the Laws
King And thereunto we most humbly and faithfully do submit and oblige our selves our Heirs and our Posterities for ever And some years after it was by all the Judges of England expresly resolved in Calvins Case That King James his Title to the Crown was founded upon the Laws of Nature viz. by inherent Birth-right and Descent from the Blood-Royal of this Realm All Acts of Parliament then for excluding from the throne the next Heir of the Blood Royal on whom the Crown descends by the Laws of God and Nature by inherent Birthright and undoubted Succession being ipso facto null and void it is not to be wondred that his present Sacred Majesty so constantly declared that he would never consent to alter the Descent of the Crown in the right Line as not being willing by shewing his People a Method of disposing the Succession to shake at the same time the Title of his own Possession Since it is evident that the Heir apparent or next of Blood hath the same Right to enjoy the Crown after his Predecessors Death as the Actual Possessor hath to it during his Life and consequently that the People have no more Right to disinherit the one than to depose the other Nor can any man be blamed for apprehending that some such thing might be aimed at by the first Projectors of the Bill for excluding his Royal Highness from the Succession if it shall be considered that the chief Sticklers for that Bill insisted on the Deposition of Edward the IId contrived by a leacherous Queen and disloyal Parliament and that of Richard the IId who was for pretended Misgovernment removed from the Throne by a Parliament over-awed by an Army of fourty or fifty thousand men and Henry the IVth substituted in his stead that during the Heat of these debates the Answer to the Great and Weighty Considerations wherein besides many other treasonable Passages the Author has these express words I hope there are very few in this Nation that do not think it in the Power of the People to depose a Prince who really undertakes to alienate his Kingdom or give it up into the hands of another Soveraign Power or really acts the Destruction or general Calamity of his People was publickly sold before the very Doors of Parliament and that the same House of Commons which was with so much eagerness hurried on to the passing of that Bill was also prevailed upon to importune his Majesty in behalf of the publisher of that pernicious Appeal from the Country to the City which by affirming that No Government but Monarchy can in England ever support or favor Popery endeavors not only to destroy the King but even Kingship it self But well fare the noble Lords of England who with a Nolumus Leges Angliae mutari rejected that abominable Bill which tho it would if passed into an Act have been of no greater Force or Validity than the Wild Ordinances of the Rebellious Parliament of 1640. yet might it as they were be made use of to induce the deluded Multitude to hazard their Souls Bodies and Estates by a damnable Opposition of their Lawful Soveraign and to raise up a Contest in this Nation not unlike to the old Yorkish and Lancastrian Quarrel the Thoughts whereof every good man must certainly dread when he shall seriously consider how that War lasted about sixty years and cost the Kingdom its whole Treasure and the Lives of above two hundred thousand of the Commons besides several Kings and Princes and Nobles without number So sensible was the renowned Queen Elizabeth of those fatal Consequences which necessarily attend so unjust an Act as that of altering the Succession that altho for Reasons obvious enough and needless here to be mentioned she yeilded to pass an Act whereby it was made Treason to say that she and her Parliament could not dispose of the Crown yet could she never be brought to give her Consent to the actual disposing thereof tho the next Heir then alive was not only a Papist but her own Rival to the Throne Nay she was so averse to any such Act that as Camden tells us She never heard any thing more unwillingly than that the Title of Succession should be called into question And therefore she sent Mr. Thornton Reader of Law in Lincolns-Inn to the Tower because in his Reading he called in question the Queen of Scots Title to the Crown And when the Lord Keeper Bacon was accused by the Earl of Leicester for having intermedled against the Queen of Scots Right to the Succession and for being privy to a Book wherein Hales went about to derive the Title of the Crown of England in case the Queen should die without Issue to the House of Suffolk Hales was therefore committed to the Tower and Bacon tho denying it was not without great difficulty restored to favor So likewise when in the eighth year of her Reign Bell Mounson and a great Number of the House of Commons thought it their Right as Representatives of the whole Kingdom whereof they do not in reality represent the sixth part to decide settle the Succession the Queen by a Prince-like Speech in the Parliament-House speedily suppressed their Insolence In like manner when in the thirty fifth year of her Reign Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition to the Lord Keeper desiring the Lords of the Upper House to be Suppliants with them of the Lower to Her Majesty for entailing the Succession of the Crown for which they had a Bill ready drawn the Queen highly displeased hereat charged her Councel to call the Parties before them Whereupon Sir Thomas Henage sending for them commanded them to forbear the Parliament and not to go out of their several Lodgings They were after called before the Lord Treasurer Lord Buckhurst and Sir Thomas Henage by whom Wentworth was committed to the Tower Sir Henry Bromley and other Members of the House of Commons to whom he had imparted the matter being sent to the Fleet. So careful was this prudent Queen to keep the People from presuming to intermeddle with the Succession The same Consideration that the Altering or Diverting the Succession in an hereditary Monarchy where the Kings deriving their Royal Power from GOD Almighty alone do succeed lineally to the Crown according to the known Degrees of Proximity in Blood cannot be attempted without involving the Subjects in Perjury and Rebellion and exposing of them to all the Fatal and Dreadful Consequences of a Civil War not only caused the Estates of Scotland in their very last Sessions of Parliament from an hearty and sincere Sence of their Duty to recognize acknowledge and declare That the Right to the Imperial Crown of that Realm is by the Inherent Right and the Nature of the Monarchy as well as by the Fundamental and unalterable Laws of the Realm transmitted and devolved by a Lineal Succession according to the Proximity of Blood And that upon the Death of the
King or Queen who actually Reigns the Subjects of that Kingdom are bound by Law Duty and Allegiance to obey the next immediate and lawful Heir either Male or Female upon whom the Right and Administration of Government is immediately devolved And that no Difference in Religion nor no Law nor Act of Parliament made or to be made can alter or divert the Right of Succession and Lineal Descent of the Crown to the nearest and lawful Heir according to the Degrees aforesaid nor can stop or hinder them in the full free and actual Administration of the Government according to the Laws of the Kingdom but obliged also His Majesty for the preservation of the Peace and Tranquillity of that Kingdom with Advice and Consent of the said Estates of Parliament to declare That it is High Treason in any of the Subjects of that Kingdom by Writing Speaking or any other manner of way to endeavor the Alteration Suspension or Diversion of the said Right of Succession or the debarring the next lawful Successor from the immediate actual full and free Administration of the Government Nor is it to be doubted but that the Commons of England who now begin to grow sensible of those Precipices of Ruine whereinto they were ready to tumble through the Contrivances of of those malicious Incendiaries that by terrifying the People with panick Fears of Popery and Arbitrary Power endeavoured to kindle a Fire of Rebellion in this Nation will whenever it shall please His Majesty to call a Parliament shew themselves no less Zealous than the Scots have done to assist and defend according to their Oaths the Kings Rights and Priviledges the chiefest whereof upon which all the rest depend as on a Corner Stone is the unalterable Hereditariness of the Monarchy and thereby defeat the Designes of those cursed Achitophels who labor by involving us in Confusion to establish their beloved Democracy the very worst of Tyrannies CHAP. XIII Of the present Monarch of Great Britain His Name Surname Genealogy Birth Baptism Court Education Departure out of England Coming into Scotland Escape from Worcester Restauration Coronation and Marriage Name THe now-reigning Monarch of Great Britain is CHARLES the Second of that Name His Name of Baptism in Latine written Carolus in English CHARLES in the German Language Karle is contracted from Car-eal which is it self an Abbreviation of the old Teutonick Gar-edel and signifies All or wholly Noble Not improperly then was this Name given to this Prince whose Subjects may justly glory in the Enjoyment of that Happiness for which Salomon pronounces a Land blessed that their King is the Son of Nobles Surname Tho Surnames are neither used by Soveraign Princes nor necessary to them as they are to other inferior persons whose Surnames preserve the Memory of their Relations and Families yet as Bourbon and Austria which were but the Possessions of their Progenitors are now generally esteemed the Surnames of the Present French and Spanish Royal Familyes So Stuart or Steward the Abbreviation of the Saxon Word Stedeward signifying the same as Locumtenens in Latin and Lievtenant in French which was originally but the Name of Office to Walter Son of Fleance by the Daughter of Gruffyth ap Lhewelyn King of Northwales and Progenitor to Robert the IId King of Scotland from whom our present King is descended who was by King Malcolm Canmore created Grand Seneschal or High Steward of Scotland has by Prescription of Time and long Vulgar Error so far prevailed as to be accounted the Surname of the now-Royal Family of Great Britain and of many other Families descended from him Nor is this Name unfit for any King as being in his Kingdom the Steward Lieutenant or Vicegerent of Almighty GOD. Our Soveraign Lord the King Genealogy now reigning does for Royal Extraction and long Line of just Descent excell all the Monarchs of the Christian if not of the whole World being lineally and lawfully descended from and by Right of Primogeniture next Heir unto the British Saxon Norman and Scotish Kings and Princes of this Island his Grandfather King James who by along Descent of Royal Ancestors was was derived from Malcolm Canmor King of the Scots and the Lady Margaret his Wife Sister and Sole Heir of Edgar Atheling the last surviving Prince of the English Saxons joyning the Saxon and Scotish Titles to the British and Norman already united in the Person and Posterity of Edward the IVth King of England He is from the first British Kings the hundred thirty ninth from the Scotish in a continued succession for almost two thousand years the hundred and ninth from the Saxon the forty sixth since the Norman Conquest the twenty sixth from the Uniting of the Royal Families of York and Lancaster the eighth and since the Union of England and Scotland the third sole Monarch He is the first that was born Prince or Heir apparent of Great Britain and hath in his possession larger Domininions than any of his Royal Ancestors His Father was Charles the Martyr and his Mother the Princess Henrietta Maria Daughter to Henry the Great Sister to Lewis the XIIIth and Aunt to the present Lewis the XIVth most Christian Kings a Lady who needeth no other Character than what is found in the seventh Chapter of that unimitable Book compiled by him that best knew her From these two Royal Stocks he hath in his Veins some of all the Royal Blood of Europe concentred This most Excellent Prince was born on the twenty ninth of May 1630. at the Royal Palace of St. James's Birth near Westminster over which there was the same day at noon by thousands seen a Star impending and soon after the Sun suffered an Eclipse which was by some even at that time regarded as a sad Omen that the Power of this Prince should for a while be eclipsed and that some Subject signified by the Star should have more than ordinary Splendor Baptism On the twenty seventh of June following he was baptized by Dr. William Laud then Bishop of London afterwards Archbishop of Canterbury who was in the year of our Lord 1644. by a pretended Ordinance of the rebellious long Parliament barbarously murthered for his Fidelity to his Soveraign His God-fathers were his two Uncles the most Christian King Lewis the XIIIth and Frederick Prince Elector Palatine of the Rhine then called King of Bohemia represented by the Duke of Richmond and Marquess of Hamilton his Godmother being his Grandmother Maria de Medicis then Queen-Mother of France whose Substitute was the Dutchess of Richmond He had for his Governess Mary Countess of Dorset Wife to Edward Earl of Dorset In May 1638. he received the Order of Knighthood Court being immediately after made Knight of the Garter and installed at Windsor About which time he was by Order not Creation first called Prince of Wales having all the Revenews of that Principality with divers others Lands annexed and the Earldom of Chester granted unto