since we are restored to our Ancient Government to give to our Soveraign Lord the King his Dues and desires all to joyn with him in the Conclusive Prayer for the Morning Service in our Church Liturgy for the King NOW since as the living Members of a Body natural united together maintain life so it is in a Kingdom by concord of the People the state thereof is maintained but by their discord it is destroyed And accordingly Holy Scripture tells us that Houses or Kingdoms divided within themselves cannot stand but true Peace is the quiet and tranquility of Kingdoms burying all Seditions Tumults Uproares and Factions and planting Ease Quietness and Security with all other flourishing Ornaments of Happiness Now would you be happy and would you have your Posterity happy also Pray to God as you are directed by the Prophet Jeremiah in 32. chap. and the 39th verse that he would give you one Heart and one Way that you may fear God for ever for the good of you and of your Children after you Labour therefore to be at unity within your selves and above all be advised that when you again shall have a Lawful call to Elect Members for a subsequent Parliament you be sure unanimously to choose such Men as are Men well affected to the better half of the Government that is Established by Law in the Church For nunquam bene res succedunt humanae ubi negliguntur divinae things Temporal and Humane never succeed well where things Spiritual and Divine are neglected Subjection is required by St. Peter where before cited to the King as Supream and with me be pleased to consider the Authority of the words too and marking the difference between the Primitive and more Modern times you shall not need to fear the introduction of Popery again in these Kingdoms who writes them Observe they come from St. Peter from whom the Successors of St. Peter derive their Title of Supremacy above Kings So that howsoever they will have the Authority Entailed upon them from St. Peter yet St. Peter himself challengeth no such Supremacy for he says To the King mark the Epethite as Supream 't is true we read that Cardinal Bellarmine and Boniface the Eighth and Innocent the Fourth with others of that Party being carried on by their Pride and Ambition maintain the Head of their Church to have both the Swords and therefore say they is above all Kings and Emperors that have but one yet here we see That in the beginning it was not so St. Paul denies it St. Peter disclaims it and the Ancient Church and according to the practise thereof all our Kings of England Successively from time to time even to this present time have disowned it Remember and never forget we had heretofore the Minor part of a House of Commons Exercising the Soveraign Power the corrupt Majority as they then termed them being ejected and cast out for Delinquents and Malignants And by them we had the Government Changed or rather purposed to be changed regality it was then death to say the King and House of Lords were cast of next this we had nothing Visible but a General and an Army Next this we had the whole Constitution Laws and Liberties of the Kingdom at once subverted certain Men being called by the Name of a Parliament and the Soveraign Power pretended to be given them that were never chosen by the People but by we know not whom such a fact as was never heard or read that any King of England was Guilty of since Parliaments were known Next this we had a Protector Governing by an instrument made by God knows who After this we had the same Protector Governing according to the humble Petition and Advie and Sworn to both And unto God be thanks for the same by his late Sacred Majesties happy Restauration we are also restored again to our Ancient Government Established by Law both in Church and State and to the fruits and benefits of the same Mark therefore what St. Peter saith in the 13th chap. to the Rom. give to all their Dues Tribute to whom Tibute is due Custom to whom Custom Honour to whom Fear to whom Fear St. Paul hereby adviseth us to our bounden Duties and due Subjection to the Magistrate Supream and Subordinate And his advice may be reduced to these Three Heads 1st Supply to their Estates 2ly Fear to their Authority 3ly Honour and Reverence to their Persons First Their Estates are to be supported for as one says Pecunia nervus Imperii without which the Work of the Magistracy can neither be effected nor respected and as it is necessary so it is convenient that he that is imployed for the good of the Commonweale be supported by the Publickweale for as saith Seneca cited by Mr. Stanf. in his Prerogat 5. a. Omnium somnos illius vigelantia defendit omnium Otium illius labor omnium delicias illius industria omnium vocationes illius defendit Occupatio his Watchfulness keeps us in our Rest his Pains secures our Pleasures his Calling defends us in all our Callings Secondly Fear his Authority the Apostle gives the reasons Rom. 13.4 for he beareth not the Sword in vain he is the Minister of God he comes Warranted with Authority and as he hath Authority so he hath Power too Might and Right are both in him he is the fountain of Justice and the life of the Law he bears the Sword and he bears it not for naught therefore if thou dost Evil fear Thirdly Yield Honour and Reverence to their Persons for though they are Men subject to the same Natural infirmities that we are yet we must remember whose Person they bear upon them they are the Deputies of God And therefore Honoured with his Name I have said ye are Gods It is said of the Persians that when they come into the presence of their Prince they draw their Hands into their Sleeves in token of their Reverence and Loyalty they will not have a Hand stirring while Majesty is in presence Now as to the concluding this my present Discourse I pray not only your Hands be lifted up to Heaven but your Hearts also and that all may fervently joyn with me in the conclusive Prayer of our Church Liturgy for the Morning Service every Sabbath-day which is as followeth ALmighty God whose Kingdom is Everlasting and Power Infinite have Mercy upon the whole Church and so rule the Heart of thy chosen Servant James our King and Governour that he knowing whose Minister he is may above all things seek thy Honour and Glory and that we and all his Subjects duly considering whose Authority he hath may faithfully Serve Honour and humbly Obey him in thee and for thee according to thy holy Word and Ordinance through Jesus Christ our Lord who with thee and the Holy Ghost Liveth and Reigneth one God World without End Amen FINIS ERRATA PAge 5. l. 23. for Petion r. Petition p. 18. l. 2. for Priviledges r. Prerogatives p. 21. l. 21. for agrreing r. agreeing l. 36. for joyned r. enjoyed p. 25. l. 6. for datam fit r. datum sit l. 8. for reprsentons r. repraesentans p. 28. l. 2. for Pallainum r. Pallatinum p. 29. l. 24. for tiahit r. trahit p. 30. l. 1. after Sword add in p. 42. l. 36. after King dele and.
the Ancient Customs of common Right and by Prescription belonging to the King his Heirs and Successors and that we may Collect from what is aforesaid that if not so granted they may and have been imposed by Prerogative Royal for the Four principal Causes and Reasons aforesaid and to support the necessary Charges of the Crown The Words of the King when he Passeth the Bill of Subsedies are observable which are these Le Roy remercye ses Loyal Subjects accept lour benevolence aussi ainsy le veult The King thanks his Loyal Subjects accepts of their good will and also will have it which last Words make the Act of Subsedy a Law and so binds every Man to the payment of it insomuch that the Two Houses of Parliament joint or separate cannot impose a Penny upon the Subject without the King nor can the Freeholders whom they serve invest any such power in them But for the Soveraign Prince himself there are many Examples Old and New how he hath not only raised pecuniary summs in specie but layed Impositions upon Commodities by meer Royal Authority I shall instance only in Two viz. in Queen Mary and Queen Elizabeth the first laid an Imposition upon Cloth and Gascon Wines the other upon sweet Wines and Alloms without Parliament Therefore those Parliaments of the First and Third years of King Charles the First and the Members of the same that so highly insisted upon their Priviledges their meun and tuum Liberties c. and that would have been unwilling to have abated one of their Tennants of any their Manours or Farms a small matter of their Rents though it may be credited for truth that Twenty Acres of their Lands then let at 20 l. per ann might in the time of Ed. 1. be let for 20 s. per ann were very injurious to the said King in that they contrary to their bounden Duty neglected to Grant to him the usually Granted and Passed Act for Tonnage and Poundage being the chief Maintenance of the Crown in his time The first Parliaments of King Charles the First being Dissolved in a short time after by Order of the said King and Council the then Farmors of the Customs were Commanded to receive the Customs and all Duties payable for the same as in the time of his Royal Ancestor King James the First and the first Seventeen years of the said King Charles the First were times of great Plenty then Trade was great and good and the Farmors of the Customs did very much augment their Estates insomuch that none of them did refuse to Obey the said Order But in time next subsequent they were all great Sufferers for the fatal Parliament called in Noverber 1640. wanted Money for the work they had cut out and after they had Sat a few Months they questioned the Farmers for Intermeddling Farming and Receiving the Customs and Imposts contrary as they said to Law contrary to a Declaration and Vote 3o. Car. and contrary to the Liberty of the Subject they being Threatned and Timorous thô there was no Law to prohibit the Receipt for Farming of the Customs nor any Vote Passed 3o. Car. primi against it suddenly submitted to a Composition of 165000 l. and whilst or a small time before these things were agitating the Farmers contracted for a new Farm of the Customs with his late Majesty for Four years from Christmass 1640. and Lady day 1641. upon the which Farm and the Assignments of the Rents for the same the Sum of 200000 l. was Advanced for his said Majesty King Charles the First by which the said King had made some provisions for War which the said pretended Parliament recovered and made great use of against himself and the next day the said Composition was reported the Contract for the new Farm was Voted Void the Assignments upon the Rents were made Null instead of Farmers many of them were made Commissioners and the said Parliament resolving not to spare this Revenue Commanded them non obstante the Law lately passed by themselves to run into the same Crime for which they had lately Punished them to receive the Customs which with the said Composition paid by them in the space of Two Months was made use of to raise and pay the pretended Parliaments Army which said great Sums of 165000 l. and 200000 l. which the said Farmers may be said to have been Fined and to have advanced for his said Majesty King Charles the First reduced all of them to low Estates and some of them were Prisoners for near Twenty years before his late Majesties most happy Restauration who afterwards in the 16th year of his Reign was graciously pleased to take into Consideration the great sufferings of the said old unhappy Farmers of his late Majesties Customs and out of his special Grace and Favour by his Letters Pattents under the Great Seal of England and by Privy Seal and Tallyes thereupon Struck Leavyed and Allowed of Granted unto Sir John Jacob and other the said Farmers 200000 l. for the discharging and satisfying of the rest and residue of the great Debts by them Contracted for his said Majesty King Charles the First and for their reimbursement and satisfaction of such Sums of Money as they had lent to or paid for the said King Charles the First to be Received and Deducted by them out of their Rents payable to his late Majesty out of the Farm of the Customs then or lately before made to Sir John Wolstenholme Sir John Jacob Sir Nicholas Crisp and Sir John Shaw in Five years being the Term of their then said Farm which they or some others of them or on their behalfs accordingly Received and Disposed of in payment and satissatisfaction of the said Debts which if his late Majesty had not been pleased to do the said Farmers and many of their Creditors also had been utterly Ruined and undone CHAP. III. Sheweth how the late Rebellion broke out and something is said of the great Advantages the Rebels had with what Advantages only the Loyal Party had NOW in time King Charles the First had lately left White-hall because of the rude Insolency of Tumults backed and abetted by those intended nothing less than confusion upon Church and State nothing in the World had more of horrour than these Tumults Enormous and Detestable were their outrages and no means could take place for their Suppression so that to Redeem his Royal Person and Conscience from violence the said King withdrew himself hoping thereby to give time both for the Ebbing of their Tumultuous fury and others their Abettors regaining some degrees of modesty and more sober sense But it is a thing Common to Men High and Low Noble and Ignoble of all Qualities and Conditions whatsoever that when their Adversities approach they lose chiefly that Reason and Wisdom with the which they might have hindred or avoided the ills that happen and it is common to Men and Kingdoms that draw towards their destinies that when
Laiety by Sequestrations Decimations and otherwise ensued whereof we of the Loyal Party were not only Witnesses and Spectators but therein we were fellow Sufferers Now the Writs of the King suffered Violence of which Mr. Fitzherbert in his Preface to his Natura Brevium saith that they be the Foundations whereupon the whole Law doth depend of the which Writs and Processes as be appointed in the Law it is said in St. Jermin in his Book Written by way of Dialogue called Doctor and Student Fol. 64. a. That the King as Sovereign and Fountain of the Law is bounden of Justice to Grant them to every Person that will Complain be his Surmise true or false Yet in stead of Carolus Secundus Dei Gratia c. Vicecomiti c. was used The Keepers of the Liberties of England by Authority of Parliament To the Sheriff of c. But those who had built this Babel by their Divisions and Jealousies one had of another were in time brought to strange Confusions The Writs were to run no longer in the Name of the Keepers c. But all Writs and Process were issued forth in the Name of Oliver their General The Independent though the Younger now prevailed against the Presbyterian the Elder Brother whath the Elder had hunted after the Younger now catched for himself And now also it may be observed that a House of Commons singly Assumed to themselves the Title of and were stiled the Parliament of England though his Sacred Majesty King Charles the First had before truely told them in his Speech to them 3. Car. that none of the Houses of Parliament joint or Separate had any Power either to Make or Declare a Law without his Consent CHAP. V. Sheweth about what time the Kings Writs were first framed for the induction of the Commons into the Parliaments of England FRom the Norman Conquest untill some time in the Reign of H. 3. Parliaments were holden by the King and his Barons Spiritual and Temporal in whose days it is thought the Kings Writ for Election of Kinghts c. was first framed and that the Commons were reduced to a House by the Advice of the Bishops to the King in the heat of the Barons Wars It was thought expedient then to frame a Writ for their Induction that they might allay and lessen the Pride and Power of the Peers who had waged War so many years against the Crown However least they should arrogate too much Authority to themselves they never could so much as exhibit an Oath nor impose a Fine or inflict Punishment upon any but their own Members until the time of the late Usurpers when they were grown to that height of Impudence that the King himself and Lords Spiritual and Temporal were Excluded by them of whom as well before the Norman Conquest as since the Ancient Parliaments of England consisted only without them For it is true the People were wrought under by the Sword of the first William and his followers to a Subjected Vassallage Division and Power had Mastered them none of their old Nobility and Heads were left either of Credit or Fortunes what he Detained not in Providence as the Demeans of the Crown or reserved in Piety as for the Maintenance of the Church he parted and divided amongst those Strangers that Sailed along with him in the same Bark of his Adventure leaving the Natives for the most part as may be seen by his Survey called Domesday Book now in the Exchequor in no better a condition than Villenage To supply his Occasions of Men Money or Provisions he Ordered that all those who injoyed any fruit of his Conquest should hold their Lands proportionably by so many Knights Fees of the Crown And permitted them to Enfeofle their followers with such parts as they pleased of their own Portions which to ease their charge they did in his and his Sons time This course provided him the Body of his War the Money and Provision was by Hidage Assessed on the Common People at and with the consent of their Lords who held in all their Seigniories such right of Royalty that to their vassals as Paris saith they were quot domini tot Tyranni and in time provided to the Kings so great a Curb and restraint of Power that nothing fell into the Care of Majesty after more than to retrench the force of Aristocracy that was like in time to strangle the Monarchy Though others foresaw the Mischief betimes yet none attempted the remedy until King John whose overhasty undertakings brought in the mentioned broiles of the Barrons Wars there needed not before this Care to Advise with the Commons in any Parliamentary or Publick Assemblies when every Man in England by Tenure held himself to his great Lords Will whose Presence was ever required in their Parliaments and in whose Assents his dependant Tennants consent was ever included from what is aforesaid the Commons of England or rather they whom the Commons shall Elect to future Parliaments and are properly said in Parliament Assembled to be the Representatives of all the Commons of England may take notice that Anciently was in use only one Writ of Summons to Parliament by which the King Summoned the Lords Spiritual and Temporal separately to come to his Parliament at a certain Day and Place appointed in the Kings Writ And of latter times with the reasons for the one and the other there hath been an Additional Writ framed which is sent to every Sheriff of England and Wales for Election of Kinghts c. for the Parliament in the Kings Name and when sent it is called the Kings Writ and is directed to his Subordinate Officer the Kings Sheriff For the truth is the King by his Writ giveth the very Essence and Form to the Parliament which is to be Summoned when he pleaseth to be Adjourned Prorogued and Dissolved when he pleaseth And in all good times of Government before and since the Conquest it was ever in the Kings power and was and is his Priviledge Royal Prerogative and Regality to Grant or Deny such Petitions as he pleaseth and all Acts of former times and some of latter time were and are in form of Petitions CHAP. VI. Sheweth the difference between Parliamentary Priviledges and the Priviledges of the King and sheweth how at first Kingly Government was constituted by God himself and that by Gods Law also the Legislative Power and the Power of the Militia was given to the King and that in these highest Points of the Kings Prerogative the Law of England is agreeing with the Law of God and that God is vindex sui Ordinis the avenger of his own Ordinance THE Speaker uf the House of Commons on the first day of every Parliament is usually Presented to the King and in the Name of the Commons of England he humbly Prays his Majesty would be Graciously Pleased to Grant them their Liberties and Priviledges which is a strong Argument that their Priviledge their
pretended Birthright and Inheritance floweth only from the Kings Primitive Grace and Favour and that they would not pray that de Gratiâ of Grace if they had any Colour to claim the same de Jure of Right And the renewing of this Petition every Parliament proves the Grant to be but Temporary But the late Usurpers pretended they had Priviledge granted to them to sit by the Mentioned Act of Continuance c. And therefore all fair Offers from his said Majesty for Publick Good and for the Preservation of the Government in Church and State were afterwards interpreted a Breach of Priviledge Though the soundest Lawyers of that time were of Opinion that the said Act of Continuance was Void in it self in regard that what Grants or Concessions soever the King makes the Law presupposeth they are always with this Provisoe Salvo jure regio salvo jure Coronae In the 20th of Rich. the Second it may be seen in Mr. Howe 's Chronicle that a Parliament holden at Westminster was Ordained to endure Forty eight days but it was Abridged for the King would not tarry there more than Five days wherein he declared the things pertaining to the Realm especially such Matters as touched himself c. One property of every good Law of Man is that the Maker exceed not his Authority which certainly they did that framed that Bill for the Act of Continuance c. And Coke 10th rep 57. b. it is agreed that Parliamentum testamentum arbitramentum are to be construed according to the intention of the Makers the said King certainly intended not thereby to Exclude himself because by the Laws of our Land it cannot properly be said a Parliament unless it be consisting of King Lords and Commons And if Kingly Government be constituted by Divine Right then St. Jermyn tells us that Customs and Statutes are void that are against the Law of God and so that Act was null in its own Nature at the very first and the proposal of it was Treason in a high degree Parliamentary Priviledges are but Temporary and are not in them till asked by their Speaker Precario and granted by their Sovereign But Mr. Plowden Fol. 322. b. saith that every Prerogative of the King containeth in it self a Prescription for it resteth in usage And Fol. 319. b. and 322. a. he saith that the Prerogative of the King may not be said to be torcius that is consonant to reason and hath been used from time to time in the time of one King after another for the Law is not known if not by usage and usage proveth that it is Law And Fol. 322. a. and 323. he saith all the Prerogatives mentioned in the Statute of Prerogativa Regis made in 17o. Ed. 2 di were in the King by the Common Law before the said Statute and many others and Fol. 318. a. he saith It is a commendable thing for the King to abstain from the extremity of his Prerogative of his special grace in benefit of his Subjects but withall saith that the Law doth not force him so to do And Sir Ed. Coke in the First part of his Institutes Fol. 90. b. saith that Praerogativa is derived of prae id est ante and rogare that is to ask or Demand before hand whereof cometh Prerogativa and is denominated of the most excellent part because though an Act hath passed both the Houses of the Lords and Commons in Parliament yet before it be a Law the Royal Assent must be asked or Demanded and Obtained Bracton li. jo calleth it libertatem in another place privilegium Regis Britton Fol. 27. calleth it droit le Roy the Right of the King the Register of the Writs calleth it jus regium Coronae the Royal or Regal Right of the Crown And Mr. Stanford in Praerog Fol. 5. a. b. saith Praerogativa is as much to say as a Priviledge or Preeminence that one person hath before another which as it is tolerable in some so it is most to be permitted and allowed in a Prince or Soveraign Governour of a Realm for besides that he is the most worthyest or excellent Part or Member of the body of the Commonwealth so is he also through his good Governance the preserver nourisher and defender of all the People being the rest of the same body for which cause the Laws do attribute unto him all Honour Dignity Prerogative and Preeminence It is said Coke 7. 10. b. and 11. a. That the King is an absolute Prince before his Coronation which is but a Royal Ceremony Ornament and Solemnization of the Royal Descent but no part of the Title and that Rex non est Rex quia Coronatur sed Coronatur quia est Rex The King is not a King hecause he is Crowned but he is Crowned because he is a King And Coke 11.72 a. The King is said to be sponsus Regni and per annulum by a Ring is said to be espoused to the Realm at his Coronation which is a great Mark of Soveraignty and Power in the King over his People for admit the King to be sponsus the Bridegroom or new Married Man and the Realm to be sponsa the Bride or new Married Woman at this Solemnity of his Coronation every Woman is sub potestate viri sui under the Power of ber Husband ipse dominabitur ejus and he shall Rule or Reign over her by Gods Law Gen. 3.16 and our Law doth not estrange the Husband of any Interest Prerogative or thing that the Wife hath at the time of the intermarriâ—ge or after But as in all Rebellions so in the late time of Rebellion the Woman wore the Breeches as is easily proved by the Money Coined in those times Also in Coke 7. 10. b. The King is said to be pater patriae the Father of his Country which is another Mark of his Soveraignty and Supream Power for at the beginning of Kingdoms when all the World consisted of a few Housholds the Elder or Father of the Family exercised Authority over his Meyney and did distribute reward or punishment amongst them after his own discretion all which aforesaid is agreeing with what the Poet saith Jura dant singuli natis uxoribus every single individual Person gives Laws to his Wife and Children This was patria potestas Fatherly power the fountain of Regia potestas Kingly power and so Regia potestas is lege Naturae non arbitrio populi and so Kingly Authority is by the Law of Nature not by the Will Power or Arbitrement of the People leges Naturae perfectissimae sunt immutabilâ—s and the Laws of Nature are the most perfect and not to be Altered or Changed No sooner was there a Houshold but there was a Soveraign All regal Authority was then included in the Office of Father And therefore God Almighty in giving the Fifth Commandment called the Crown Commandment Honour thy Father and thy Mother intended the Duty belonging to all Magistrates Afterwards
quick into the Pit Absalom for Rebelling against his Patriarcha his Father and King as one that deserved no Favour either from God in Heaven or his Deputy on Earth was hung up between Heaven and Earth as unworthy of either and was Strangled by the Hair of his own Head the Flag of his Ambition was made the Instrument of his Execution So that God himself may be said to be vindex sui ordinis the avenger of his own Ordinance CHAP. VII Sheweth that vindictive Justice is also derived from God to the King as Supream and that all Subordinate Officers derive their Jurisdiction from the King and through his Mediation from God also and that herein the Law of England is also agreeing with the Law of God NAY it is said Vengeance is mine and I will repay it saith the Lord and it is the very Ground and Foundation of all Order and Government that it is so for otherwise as Men do Multiply and Increase natural Love doth decrease and the Mightiest as so many Bulls in the Herd would be most mischievous to the Weaker and would be always quarrelling about Limits and Rivers from whence came the words Lis and Rivales And therefore this vindictive Justice is derived also from God himself to his Vicegerent on Earth the King as St. Peter saith where before cited for the punishment of evil doers and for the praise of them that do well So that Magistrates are of two sorts Supream and Subordinate Subjection is due to both to the King as Supream and to the subordinate such as are Judges Justices such as are missi Commissioned Officers and sent by him that is the King for as he hath his Authority immediately from God so they have theirs from him and through his Mediation from God also As God hath confirmed the Kings Supremacy so hath he also ratified his Subordinate Officers deputation as may be seen Exodus 18.18 where we have Jethro the Father in Law counselling Moses his Son in Law about the Prerequisite qualifications who they should be and the business of Judges what they must do but neither of these without Gods approbation and therefore by Moses followed then and by all Kings observed ever since they were to be able Men such as feared God Men of truth hating Covetousness such as these were to be placed over the People to Judge them at all seasons Hence it is that Bracton cited by Stanford 54 55. saith Dominus Rex habâ—t Ordinariam jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt habet enim omnia jura in manu suâ— c. Our Lord the King hath the Supream Jurisdiction Dignity and Power over all the People that are within his Realm he is said to have all the Laws in his hand which belong to the Crown he hath also the Material Sword which extends to the Government of the Realm in War he is also said to have Justice and Judgment which are of his Jurisdiction as within his Jurisdiction only as he is the Minister and Vicar of God and is to distribute to every one what is his He hath also in him quae sunt pacis the Powers which are of or belong to the preservation of Peace that the People with the Governance of whom God hath intrusted him may live quietly and safely in Peace that one may not Beat Wound or evil Intreat another that one may not by Force and Robbery Steal or bear away that is another Mans or one may not Maim or Kill another He hath also Punishment in his Power that he may Punish and Correct Offenders c. However for the King in Person to Arrest or Commit a Man or do any Offices of Justice is indignum rege is beneath the King Mercy and Honour flow immediately from the King Judgment and Justice are his too but these flow from his Ministers And therefore least there should be a failer of Justice and because the King himself in Person may not be Judge or sit in Judgment in Treason or Fellony because he is one of the Parties to the Judgment he may therefore commit his Authority to another who is to be Judge between him and the Offender And therefore Expedit rei publicae ut Magistratus constituatur and to this purpose Eligere debet Rex de regno suo viros sapientes timâ—ntes deum c. ex illis constituere justiciarios c. Therefore it was thought expedient for the general good of all that Magistracy should be Constituted and settled And in this work of Constituting Magistrates the King as it is said Exod. 18.22 in his own ease and that they might help to bear the burthen with him is to Elect and Choose out of the Kingdom wise Men Men fearing God regarding the Truth hating Covetousness and of such to make and create Judges Justices Sheriffs and other his Ministers and Bayliffs to whom are referred all matters of Controversie relating either to real oâ— personal Actions setting forth perspicuously and more fully all the prerequisite good properties he ought to have and to be indued with all to whom the King shall commit the Office of a Judge Justice c. Et sic concordat lex divina non aliquantulùm sed quamplurimùm cum humanâ And so the Law of God is not somewhat or a very little but very much agreeing with the Law of England especially in these matters relating to the Royal Priviledges and Rights of the Crown Now these Royal Rights and Jurisdictions may not be Transferred to Persons or Tenements or possessed by any private Person nisi hoc datam fit ei de super unless it be given him from above that is to say from the King Now delegatus dicitur cui causa demittitur terminanda vel exequenda vices delegantis reprsentans in Jurisdictione nihil proprium habens he is said to be a delegate to whom Authority is committed to Handle and Determine Matters being the Representative of him that Delegates him and yet he hath no propriety in the Jurisdiction nor can properly call it his own So it is with Judges Justices the Judgments and the Courts they are called the Kings Judges the Kings Justices the Kings Judgments and the Courts of our Lord the King So that Jurisdictio delegata non delegari potest quin potestas Ordinaria remaneat cum ipso Rege this Jurisdiction delegated cannot be delegated but still the Supream Power must remain with the King himself CHAP. VIII Sheweth that the Subjects of England are bound by their bond of Allegiance to serve the King only in his Wars and that the King is the Fountain of Honour and by way of Induction to the same something is said of a Countee Palatine Davids worthies and good old Barzillai the Gileadite IN our Books we read of a Countee Palatine to have divers Royal Franchizes and Priviledges which were not Granted to other Earls and that the Doctors of the Imperial
Secretaries of State or some Magistrate and to discover the whole matter in orderly manner that he ought not to stay Two days or nights in one place before he sees the King nor to be let or hindred by any business though never so urgent quia vix ei permittitur ut retrospiciat because the Law giveth him not so much time as to look back in some Cases as we must render an account for every idle word so must we likewise in this case for our idle silence for in such a Case as this where any knoweth of any Conspiracy against his King or Country he is bound by the Laws and Statutes of this Realm presently to discover it for as Fire in its beginning whilst it is but small is more easily quenched than it is afterwards when by some continuance it hath gathered strength so the beginning of Rebellious contrivances being known and discovered with more ease the sad events and evil consequences thereof are nipped in the Bud and are smothered hindred and prevented therefore as to this Evil or rather Devil of Rebellion all are to be advised by the Poet who saith Principiis obsta sero medicina paratur Cum mala per longas invaluere moras CHAP. XVII Sheweth that all Writs Process Executions and Commandments are and ought to be in the Kings Name only NOW I shall acquaint you further that all Writs Executions and Commandments are done in the Kings Name Nay we do say in England the Life and Member of the Kings Subject are the Kings only that is to say no Man hath hault or moyenne Justice but the King nor can hold plea thereof Hence it is that those Pleas which touch the Life or Mutilation of Man be called Pleas of the Crown nor can be done in the Name of any inferior Person than he or she that holdeth the Crown of England And all Enditements Presentments and Processes relating to the Sessions of the Peace begin with Juratores presentant pro Domino Rege quod I. S. de c. or Inquiratur pro Domino Rege si A. B. de c. And every warrant from a Justice of the Peace upon all occasions whatsoever directed to the Constable begin with these or such like words these are in his Majesties Name to Will and Require you forthwith c. If any Process Summons Invitation or Commandment come to you in Parliament time or out of Parliament time in any other Habit Dress or Name whatsoever Be you assured such Coin is counterfeit and not currant within his Majesties Realms and Domions but are deceitful and delusory and may not improperly be likened to the Melody of Syrens who Sing not to stir up Mirth but to allure unto danger and mishaps CHAP. XVIII All Freeholders are advised as to what manner of Persons they are or ought to Choose for future Parliaments I Remember I made mention of the Secluded Members in the late times of Rebellion These were they with whom Treason had no place because with them Obedience to their Soveraign Lord the King and his Laws Ecclesiastical and Temporal bore sway and held Principallity some of whom when the confluence and Clamours of the Tumults in those times passed all boundaries of Laws and Reverence to Authority by the rude and unseemly deportments both in contemptuous words and actions of the vulgar and that no means prevailed for their suppression withdrew themselves with his Sacred Majesty King Charles the First for the security of their Persons from Violence others of when the Lords were Excluded and the House of Commons was purged by the Military power to a Rump Parliament for rotten Members as they then termed them were cast out and all of them that were afterwards living were again chosen for Parliament-men upon his late Majesties most miraculous and happy Restauration Many of them held their King and Country and the Government thereof so dear that in defence thereof they feared not to hazard their lives and Fortunes Such as these were Men Fearing God Honouring their King and abhorring to meddle or joyn with those that are given to change I advise every Freeholder who hath a voice in the Election of Knights Citizens and Burgesses should Chose and Elect to sit in Parliament for the future when his Majesty shall be pleased to Issue forth his Royal Writs for the same If you know of any that have offended grievously in former Parliaments Elect them not again upon an expected repentance All jealousies and fears laid aside Elect such as are Men of good Fortunes not such as have their fortunes to make such as are Wise and prudent Men in the management of their own private Affairs at home and in their several Countries make a right and good use of those benefits which God hath put into their hands for their succouring of others their poor Tennants and Neighbours whose vertue is yet altogether joyned with that Justice that is prudently guided with Moderation and reason for they that know well how to manage their own private Affairs when called thereto will in all probability as carefully contribute their prudent and hearty endeavours for the preservation of the Publick Peace and welfare of the whole Community Let not Elections be carryed on as heretofore with partiality and popular heat let the Gravity and discretion of the more sober and better educated Gentry allay and fix the Commons to a due temperament guiding some Mens well meaning Zeal by such Rules of Moderation as are best both to preserve and restore the health and welfare of all States and Kingdoms Every Freeholder ought to know and well to consider with what power he trusts those whom he chooseth in regard the Power of the House of Commons is derived from that trust and the Kings Writ directed to the Sheriff gives Authority to the Freeholders to make their Elections in which is expressed not only the Sheriffs Duty in point of Summoning but the Writ also contains the Duty and Power of such Knights and Burgesses as shall be Elected and such as shall be Elected are to know that as a Body Natural cannot do any perfect Act if it be dismembred viz. if the Head be in one place and the Body in another place and so of the rest of the Members of a Body Natural so it is in like wise of the Parliament which may be said by the Power of the King to be made corporate or the highest Court aggregate and consisting of the King or Queen of England the Lords Spiritual and Temporal and the Commons in Parliament Assembled the Members whereof are or ought to know that they are Capitulariter or rather sub uno capite congregati Chapterwise or rather Assembled under one Head which is the King or Queen thereof who have the only Power Priviledge and Prerogative not only of Summoning but also of Adjourning Proroguing and Dissolving of the Parliament as alsh of Passing or not Passing any Bills whatsoever framed for Acts at
their omission of the word quibusdam in their said protestation the said Learned King James the First did actually take the said protestation out of the Journal Book propriâ suâ manu and on the sixth of January Dissolved the Parliament and some eminent Members of the Parliament were committed to the Tower and others to other Prisons and some sent into Ireland rather for Punishment than to Enquire as was pretended of sundry Matters concerning his Majesties Service There then appeared some Men of Antimonarchial Spirits and that insisted too highly upon Priviledges little regarding or rightly considering the measures chalked out to them by the Kings Writ by which they are summoned and impowered to sit in Parliament The Members before spoken of remembred not what the said King James the First in time before said the Parliament is a thing composed of a Head and a Body the Monarchy and the Three Estates it was first a Monarchy then after a Parliament that there were no Parliaments but in Monarchical Governments for in Venice the Netherlands and other free Governments there are none the Head is to call the Body together and for the Clergy the Bishops are the Chief for Shires their Knights for Towns and Cities their Burgesses and Citizens these are to treat of the certain difficult Matters and to Counsel their King with their best advice to make Laws for the Commonweale and the Lower House is also to Petition their King and acquaint him with their Grievances and not to meddle with their Kings Prerogative they are to offer supply for his necessity and he is to distribute in recompence thereof Justice and Mercy If this Head and Body Monarch and Three Estates be at unity within themselves they then make le treshault Court de Parliament the Supreme and in the superlative Degree the highest Court of Parliament Their Priviledges are so great that whilst that Court is at unity within it self I know not what it may not do and as directed by Mr. Plowden I shall not think much less speak any thing dishonourable of that Court but as in Arithmetick Three Cyphers with a Figure of One prefixed makes the compleat Number of one Thousand so take away the Number or rather the beginning of Number of One and the Three Cyphers that remain signifie nothing For when the Parliament is stiled the Supreme Court it must be understood properly of the King sitting in the House of Peers in Person and improperly of the Lords or Commons without him the Consultive Directive or Deliberative Power is in the House of Peers the Performing and Consenting Power is in the House of Commons but the Legislative Power lodgeth in the Person of the King yet altogether that is to say King Lords and Commons make Parliamentary binding Laws and Statutes 7. H. 7. 14. it is said that there are many Statutes indicted quod dominus Rex Statuit that our Lord the King hath ordained yet if they are in the Parliament Roul and have always been allowed as Statutes it shall be intended that they were made by Authority of Parliament But if a Statute be made thus the King with the Assent of the Lords or the King with the Assent of the Commons It hath been held from about the time of H. 3. to the time of the late Rebellion not to be good for all ought to Assent Coke 8.20 21. so that as Sir John Fortescue saith Fol. 40. a. b. Statutes are made in England not only by the Princes pleasure tho he saith not that in England they can be made without the Princes pleasure or Royal Assent but by and with the Assent of the whole Realm in Parliament assembled by their Representatives so that of necessity they must procure the Wealth of the People and in no wise tend to their hindrance which well they cannot do seeing they are ordained not by the device of one Man alone or of a Hundred wise Councelors only but of more than three Hundred chosen Men much agreeing with the number of the Ancient Senators of Rome and if it chance these Statutes being devised with such great Solemnity and Wit not to fall out so effectually as the intent of the makers did wish they may quickly be Reformed in a Subsequent Parliament but not without the Assent of all the Powers by whose Authority they were first passed and devised CHAP. II. Sheweth how King Charles the First found things at his first coming to these Crowns and there is also said something as to the learning of the Customs the chief Maintenance of the Crown in his time I Further observe that at the first coming to the Crown of the said King Charles the First his first Parliament in the first Year of his Reign or the Major part of them met not without being armed with some prejudice to his said Sacred Majesty King Charles the First for therein the Act for Tonnage and Poundage passed not which in the first Parliaments from the time of H. 7. to this time as it were accustomably and of course had been granted and passed to all his Royal Ancestors Kings and Queens of this Realm The sudden Dissolution of that Parliament preventing the Act of Subsedies he was forced to draw from his People by borrowing of Persons able to lend such competent Sums of Money as might discharge his present Occasions and to that purpose directed Letters to the Lord Lieutenant of Counties to return the Names of Persons able to lend omitting the Names of Noble Men and Clergy-men and the Names returned the Comptroler of the Kings Household by the Councils order issued forth Letters in the Kings Name under the Privy Seal to the several Persons returned for Loane of Money Though this was not the first time that ever such Loanes under the Privy Seal were had upon certain emergent Occasions and in cases of urgent necessity by failer of Parliamentary Supplies Yet in the Parliament next after in tertio Caroli primi many of the Members took the occasion to strive as to their insisting upon their Priviledges to outdo one another Then the modesty of the House of Commons which was very great in former times was by them forgotten and they began to arrogate more Power than what the Kings Writ gave them heretofore they evaded matters of State as much as they could and when their Advice hath been desired they have humbly desired not to be put to consult of things of which they had no knowledge and at other times they have humbly desired that the King would be advised in matters of War or Peace by the Lords being of more Experience than themselves in such Affairs and have used modestly to excuse themselves as too weak to consult in so weighty Matters But then several Speeches and Resolves made by divers Champions of the House of Commons who were no friends to Prerogative put the Lords and Commons then Assembled in Parliament upon their Petition concerning divers Rights and Liberties of
Law hold Quod solus Princeps qui est Monarcha Imperator in Regno suo ex plenitudine potestatis potest creare Comitem Palatinum according to which Rule the King of England may well Create a Countee Palatine for he is Monarcha Imperator in Regno suo as is apparent by many Records and Judgments in Parliament Here we may observe by the way that when once the King was Invested with Royal Authority that his workings in his Sphear were Honoured with the Name of Creation he was said to Create as we may say in our own Phrase Men that are Advanced by the King to some Title of Nobility or Office of State are commonly said by him to be Created and that the Stile of their Pattents is not only facimus but creamus that as in Scripture Kings are Named Gods I have said ye are Gods So they may in their Sphear do something resembling the Power of God And every Countee Palatine Created by the King of England is Lord of a whole County and hath in it Jura Regalia which are consisting in Two principal Points 1st In Royal Jurisdiction by reason whereof he hath all the High Courts and Officers of Justice the King hath And 2ly In Royal Seigniory by reason whereof he hath all the Royal Services and Escheats that the King hath And therefore this County is meerly disjoin'd and as it were Seperated from the Crown as is said in the Case of the Dutchy Plow 215. b. so that no Writ of the King runneth there unless it be Observe a Writ of Error which being the last Resort and Appeal is only excepted out of all their Charters 15. Eliz. Dyer 321. and 345. and 34. H. 6. 42. and as to Royal Escheates the Countee Palatine hath the Escheates of Treasons that the King by his Prerogative shall have of Lands holden of all other Lords but that is to be understood of Treasons which were so at the time when the Countee Palatine was first Erected and not of new Treasons by Act of Parliament afterwards 12. Eliz. Dyer 288. b. 289. a. and this comes Palatinus was so called à comitando vel sequendo principem and the Persons advanced to this Name or Title of Honour were summi proceres à Rege proximi he was to be a Chief Officer and Counsellor in the Pallace of the King and it is said he was not only to be a Companion of the Person of the King but he is to be comes curarum also he is par extans curis solo diademete dispar and is to Sink and Swim at all times and seasons with his Lord the King though it be in troubled Waters So that the King is and ever was the fountain of Honour for as it belongeth only to the King of England to Make or Coin Money and that no other person can do the same without special leave or Commandment of the King and if any presume of his own head to Coin Money it is Treason And as he only hath the Priviledge to Coin Money so he hath the same Prerogative to give a vallew to base Metal by his Impression or Character as he hath to give a higher Esteem to a mean Person by imparting the Character of Honour to him sic fiet viro quem Rex honorare desiderat Davyes rep 19. a. 25. a. yet the Countees Palatine are to take notice what is said also in Davyes rep 66. b. Comites Palatii regalem habent potestatem in omnibus salvo dominio Domino Regi sicut Principi Countees Palatine have Kingly Power in all things excepted always nevertheless Lordship Dominion and the Power to Rule over them and their Counties to the Lord the King as their Prince and Soveraign And they and all the Nobility either of the more Ancient or the latter impression are to know that no Lord can be Ancienter than the King for all was of him and came from him at the beginning Stanf. prer 10th a. and we have a saying in our Books that honor est in honorante non in honorato that Honour is in him that doth the Honour not in him that is Honoured and amongst many reasons might be given for the same I shall only presume to mention one which is that Persons of Honour should so behave themselves to all Men that they should not give the least occasion to any Man to think much less to speak Dishonourably of them In the 2d Book of Samuel 23d chap. we have a Catalogue of Davids Worthies of whom some were more mighty and had done more signal Services than others of them and therefore were more Honourable than the others so we may also see in the same Book of Samuel in the 17th and 19th chapters That Barzillai the Gileadite of Rogelim that when the Armies of Israel and Absalom were pitched in the Land of Gilead had relieved David and his People with him with all manner of Forrage Beds Basons Earthen Vessels Wheat Barley Flower parched Corn Beans Lentils parched Pulse Honey Butter Sheep and Cheese of Kine that David and the People with him might Eat and refresh themselves for there it is said the People were hungry and weary and thirsty in the Wilderness in the 18th chap. we have the Relation of the Defeat of Absaloms Army and his death in the 19th chap. we have King David saying unto Barzillai come thou over Jordan with me and I will feed thee with me in Jerusalem Barzillai was to have been made Comes Palatinus was to be taken into the Kings own Family and to feed with the King at his own Table But the good old Man being very Aged excused the matter saying Thy Servant will go a little way over Jordan with the King and why should the King recompence it me with such a reward Let thy Servant I pray thee turn back again that c. But behold my Son thy Servant Chimham let him go over with my Lord the King and the King answered Chimham shall go over with me and I will do to him that shall seem good unto thee and whatsoever thou shalt require of me that will I do for thee and all the People went over Jordan And when the King was come over the King kissed Barzillai and Blessed him and he returned to his own place Hence may be inferred that the King hath not only paenam Punishment but also praemium Reward in his Power and so he is set over us not only for the punishment of them that do evil but also for the praise and reward of them that do well And as if for the Life only of King David to have created Chimham Comitem Pallacii sui or Pallainum had not been a reward suitable to the Merits of good old Barzillai in the First Book of Kings the 2d chap. and the 7th verse we may see That when the days of David drew nigh that he should die and that he gave several things in charge to Solomon his Son
kind of pilling And the King there suffereth no Man to Eat Salt within his Kingdom except he buyeth it of the King at such price as it pleaseth him to Assess and if any poor Man had rather Eat his Meat fresh than to buy Salt so excessively dear he is immediately compelled to buy so much of the Kings Salt at the Kings price as shall suffice so many Persons as he keepeth in his House Moreover all the Inhabitants of that Realm give yearly to the King the Fourth part of all the Wines that their Grounds beareth and every Vintner the Fourth Penny of the price of the Wines that he selleth And besides all this every Village and Borough payeth yearly to the King great Summs of Money assessed upon them for the Wages of Men at Arms so that the charges of the Kings Army which is ever very great is maintained by the poor People of the Villages Boroughs and Towns of the Realm and these things not considered other exceeding great Tallages are yearly Assessed upon every Village of the same Realm to the Kings use whereof they are no year released And the People being with these and divers other calamities plagued and oppressed do live in great misery and thraldom for there the Princes pleasure standeth in force of a Law so that by reason thereof their Kings at their pleasure change Laws make new Laws Execute Punishments burden their Subjects with charges and also when and as themselves list they do determine controversies of Suitors as pleaseth them I have shewed you here out of Sir John Fortescues Book De laudibus legum Angliae For every sober Man would judge me or any other a Mad-man that should Write of Matters of this nature without good and warrantable Authority for that is Written what inconveniencies happen in the Realm of France through Regal Government alone with the Commodities that proceed of the joynt Government Politick and Regal in the Realm of England that being hence instructed with the experience of both Laws we may the better by their effects Judg whether of them we ought rather to choose for that Opposita juxta se posita magis elucescunt contraries laid together do the more perfectly appear It is and hath been held to be one of the principles of Policy in France to keep the Peasan which is the Gross of the People still indigent and poor because they are of such a volatil instable Nature that if they were Rich and Fed high Wealth and Wantonness would make them ever and anon to be kicking against Government and crying out for a change The Old Cavalier now again takes leave to look Backward and to put this Question to all the Commons of England for it is only to them he directs this his Discourse he may be taken notice of not to have presumed to take upon him to Advise the King or any of his several Counsels whether all the People of England comprehended under the notion of the Community or stile or name of the Commons of England have not been for Threescore years last past and upward of as volatil and instable a Nature as ever the Gross of the People of France are were or possibly could or can be I must Answer in the Affirmative that the People of England in this latter Age have been very changeable always endeavouring to promote alteration in Church and State and so in the late times of Rebellion they changed Peace for War and consequently all the miseries and sad effects thereof were laid open to their Eyes their Goods were spoiled their Children Slain their Wives and Daughters Ravished their Cattle driven away and themselves made miserable spectators to behold their own unhappiness and though what by destiny was decreed Man could not prevent his late Sacred Majesty was Miraculously restored to his Realms and Dominions yet still by reason of variety of Opinions lodging in various particular individual Persons Breasts differing amongst themselves the subvertion and alteration of the Government none will deny hath again been menaced and threatned and a person Good-enough for so Wicked an undertaking was imployed with Letters Legations and Messages to invite and desire the Aid and Assistance of our dear Brethren the Scots Ayming again to have subdued all to their own Will and Power under the Old disguises of Holy Combinations in the same manner as heretofore by Solemn League and Covenant or otherwise howsoever But my good Brethren of all the Community within all his Majesties Realms and Dominions seeing that as free born Subjects by Birthright we are Entitled to all those Fruits and Priviledges Government Regal and Politick conjoyned beareth let us take care for the future that by Mutinous Disobedient and Rebellious practises we do not Frenchifie and Disinfranchise our selves knowing that he that is free and voluntarily runneth into Fetters is a Fool and whosoever becometh Captive without constraint may be thought either willful or witless CHAP. XV. Sheweth how tender this Government Politick and Regal conjoyned is of the safety of the Kings Person and of all his Royal Rights and Prerogatives And that our Law doth not reject Women or Infants in the high point of the Descent of the Crown and that our King holdeth immediately of God to himself and acknowledgeth no Prince on Earth his Superior NOW as Government Politick and Regal conjoined is tender of the preservation of the just Rights of the Communalty and this Communalty without a head can in no wise be said to be corporate so in likewise we are to understand it is as tender and curious in the preservation of the Royal Rights Priviledges and Jurisdictions and Prerogatives of the Chief Head and Supream Ruler of this Body Mystical which is the King or Queen of these Kingdoms For in this high point of Descent of the Crown Our Law doth not reject Women tho Women are commonly said to be such whom Nature hath made to keep home to nourish their Family and Children and do not meddle with matters abroad nor are to bear Office in a City or Common-wealth no more than Children and Infants yet in such Cases wherein the Authority is annexed to the Bloud and Progeny as in the Descent of the Crown there the Bloud is respected not the Age nor the Sex and such a one is called an absolute Queen which hath the Name not by being Married to a King but by being the true right and next Successor in the Dignity and upon whom by Right of Bloud that Title is descended These I say have the same Authority though they be Women of Children in these our Kingdoms Realms or Dominions as they should have had if they had been Men of full Age. For the Right and Honour of the Bloud and the Quietness and Surety of the Realm is more to be considered than either the tender Age as yet impotent to Rule or the Sex not accustomed otherwise to intermeddle with Publick Affairs being always by common intendment