the fourth of this Edward was made more for this King's Satisfaction than the desires of the People and that from the sequel you 'll see they were not then clamoring for frequency of Parliaments when they were to pay for it too and have their Treasure exhausted with their Blood in frequent Wars He had drawn the Scots upon his back who in the War like their Old Parents the Picts were always ready to invade us at home when ever we attempted any thing abroad He had before him France in the Front to whom he was ready to give Battle And he perhaps presuming his Subjects might be loth to be convened for subsidies so often as such Exigencies must require might prudently get them to oblige him for such an Annual Convention which they must the better bear with when the result of their own Act and none of the stretch of his Prerogative 'T is true the 36. of his Reign is more expressive of the Reasons for which they should be called i. e. for the redressing of Mischiefs and Grievances but 't is evident that piece of popularity was more for the tickling their Hearts and then they might be soon brought to turn out their Purses and those he wanted then too tho in peace having begun to beautifie and enlarge his Castle of Windsor his best Delight as well as the place of his Birth And his soothed Subjects seconded it with such singular kindness that about that time such a three years subsidy was granted as they resolved should be no president for the * 36. Ed. 3. cap. 11. time to come and these Suggestions I submit to the light of any others Reason for the Politicks of that Old State can't be expected to be clear in History since even in Matters of Fact in many things 't is dark And such sort of Suggestions seem to sound and salve the Case much better than that forced Solution upon the very Letter of the Law their if need be or if there be Occasion For I am satisfied the Design of those Statutes was to determine their King tho' I doubt of their Force and that those Conditional Expressions must be Relative to their Antecedent Words more or oftner and so must be meant only of their being called inclusively more frequently within the Term. To leave now this learned Lunatick this distemper'd Body of Law and consider him under another Denomination that of a Divine and zealously discussing with a Rage unbecoming the calmness he professes as well as the Character of such a Profession the Damnable Doctrine as he would plainly prove it of the King 's Divine Right for he makes it the most * page 60 69 70 86 87 88 89. Mischievous Opinion the most Schismatical the Destroyer of every Man 's Right the Betrayer of the Government Monstrous Extravagant Papal Opinion Treacherous Impious Sacrilegious Destructive of Peace Pregnant with Wars produced our own Civil one and what is worse Plague and Famine and a Crucifying of Christ afresh A Black charge indeed for a poor Criminal that at first sight seems so White and Innocent He should have made it a Trojan Horse too for once for he has made the Belly of it big enough to hold an Army of Men or a Legion of Devils If this be the Judges manner of Trying his King 's Right he would have made a worse Chief Justice for deciding the Subjects I have heard of some Sycophants that have prov'd Wolves in Sheeps cloathing but here the Cautionary Text is turned inside out too and somewhat of the Lamb drest all in the grisly Garment of the Wolf And 't is like they had their Dogs ready to worry it too before they would discover the cheat I am sure if they won't allow this Doctrine to be Religious 't is so far from being Romish that it is utterly inconsistent with their Religion for the Doctrine of their Church attributes all the Divinity that it can to the Pope that presides in it makes him not only Infallible but supream over Kings and Princes and sure they may allow that those Romanists are as much concerned for the Popes Supremacy as Mr. Hunt for the Peoples for His Holiness has the help of Saint Peter to prove his Divine Right from his Succession to his Person and See tho he can't from His * His 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pet. 2. 13. Text. When whatever they would gather from that Apostle the Lawyers Popelings have nothing left to shew for theirs unless the very Charter and Grant of their King yet tho this Doctrine be as far from Rome as they think the Romanist from Heaven tho their Writers with Hunts own Brutish Rage have run it down tho it be so directly destructive of the Papal power still has this preposterous piece of paradox made it Popish and treated it almost in the same Language the †Fox Vol. 3. p. 515. zealous Prelate did their Romish Church and ‖ Vid. Dissenters sayings all the dangerous Dissenters do our own Wolves Thieves Enemies of Christ Brood of Antichrist Babylonish Beast Devilish Drab sink of Sodom Seat of Satan It is a pretty way of Confutation indeed in the very beginning of an Argument to beg the Question He takes it for granted from the Text of Saint Peter that Kings are but an Ordinance of man and then stoutly concludes that it is impossible that any that is of Man's appointment can ever be of God's Ordination to be presumptively baffled recommend me to such a Disputant And with that supposititious Triumph does as some think a Jesuit's Book de Jure Magistratuum enter the List full of Victory even before the Battle and this perverted Text in one of his Editions is turned into the Laurel and Lemma to Crown the forehead of that Impudent piece This is made the Goliah of those Philistins who not with their bulk alone but with the very Letter of the Bible and the Book of Life can defie the Living God for such a Construction upon Saint Peter by common sense can never be put for place this power of Ordaining Kings once in the Power of SVBJECTS and all the World can never hinder THEM from being too the SVPREAM POWER Was not this very Text actually turn'd up for the Supream Authority of the Parliament of England and was that too meant by St. Peter when in the very next Line he calls the King Supream Seditious Dolts do not make the Bible contradict it self tho your Books do does not this very Text take almost an expressive care to prevent even with providence such a silly construction and give a signal Signification where this Supremacy resides viz. in the King But to give these well read Rebels rope enough and let them stretch their Treasonable Positions as they ought their Necks I 'll plead for them and in that which can be their only Reply viz. That this Supremacy must be understood only to be in these Kings after they are
Secondly I 'll shew that this their confounded principle of perfect Confusion is not only against the Fundamental Law of the Land but against the sense of every Law that ever was made in it Every preamble of an Act and that of every Proviso there runs with A Be it Enacted by the Kings most Excellent Majesty It is no Stat. if the King assent not 12. H. 7. 20. H. 8. by and with the CONSENT of the Lords Spiritual and Temporal and the Commons in the present Parliament Assembled And then let any sober person Judge where lies the Soveraignty would it be suffer'd to be thus exprest were they not satisfy'd they were not all Soveraigns or if they were ought it not according to this Rebel and Republican run We the King Lords and Commons Enact but I 'll let him know how and what the Libertine would again have that Enacting part of an Act of Parliament to be tho the Politick Knave fear'd it was too soon yet to declare plainly for an Usurpation viz. Be it Enacted and ordained An Act. March 1657. Vid. Act of Oblivion 51 by his Highness the Lord Protector Or the Parliament of England having had good Experience of the Affection of the people to this present Government by their ready Assistance in the defence there of against Charles Stewart Son of the Late Tyrant and his Forces invading this Nation do Enact c. That our Kings in the time of the Saxons Danes and some part of the Normans had more absolute Power over their Subjects than some of their Successors since himself can't deny the Charter of Liberties being made but in the Reign of Henry the Third and when the People had less of Priviledges the Kings must be supposed to have had more of Praerogative therefore we shall examine only what and where the Supremacy is at present and where the Laws of the Land not the Will of the Prince do place it In the Parliament that was held at York in Edward the Seconds time The Rebellious Barons that 15. Ed. 2. had violently extorted what Concessions they pleas'd from the Crown in His like those in the three foregoing Reigns when they seal'd almost each Confirmation of their Charter in Blood were all censured and condemn'd and the encroaching Ordinances they made in those Times all repeal'd Because says the Statute The Kings Royal Power Great Stat. Roll. 26. H. 3. to Ed. 3. 1. Ric. 3. Exact Abridg fol. 112. was restrain'd against the Greatness of his Seigniory Royal contrary to the State of the Crown and that by Subjects Provisions over the Power Royal of the Ancestors of our Lord the King Troubles and Wars came upon the Realm I look upon this as an absolute Acknowledgment of a Royal Power which is sure the same with his Soveraign sufficiently distinguisht here from the Parliaments or the Peoples co-ordinate Supremacy for those condemn'd Ordinances were lookt upon as Usurpations upon the Kings Supremacy which they call the Power Royal of his Ancestors and not as our Author would have too of the Sovereign power of Lords and Commons At the Convention of the three Estates first of Richard the Third where 1. R. 3. the Parliament call themselves so themselves expound also what is meant by it And say it is the Lords Spiritual Temporal and Commons of this Land assembled in present Parliament so that we have here the whole three States besides the King owning themselves such without assuming to themselves a Soveraign power recognizing the Right of Richard and acknowledging him the Sovereign And tho I shall for ever condemn as well as all Ages will their allowing his Usurpation a Right which was an absolute wrong yet this is an undeniable Argument that then they did not make their King Co-ordinate with themselves made themselves declared themselves three States without him and acknowledged their King the Sovereign and Supream That Act that punisht appeals to Rome with a premunire in Henry the Eighâ—h's time gives this Reason why 24. H. 8. none should be made to the Pope nor out of the Kingdom because the King alone was only the supream head in it It tells us expressly That England is an Empire that the King the Supream Head has the Dignity and Royal Estate of the Emperial Crown unto whom a body Politick divided into Terms and Names of Spirituality and Temporality been bounden owe next to God humble Obedience c. Who has furnisht him with Plenary Entire Power Preheminence Authority Prerogative and Jurisdiction Here his Body Politick is devided into Spiritual and Temporal here he is called the supreme Head and here I think is a full Recognition of his sole Sovereignty And 't is strange that what a Parliament did in Opposition to Popery should be so zealously contradicted by such Sycophants that pretend so much to oppose it In the next place he tells us of an error he lay under that he thought our Commonalty had not formally assembled in Parliament before Henry the Thirds time but of that now is fully Page 103. convinc'd by the Labours of some learned Lawyers whom he names and lets them know too how much they are obliged to him for the Honor But I suppose he reads but one sort of Books and that such as suit with his Humor and Sedition and of that Nature he can meet with Variety for I dare avow that within the space of six years all that ever was or can be said against the best of Governnent our own all that was or ever will be rak't up for justifying a Rebellion and restoring a Republick from falsifyed Roll and Record from perverted History and Matter of Fact by Pens virulent and Factious with all the Art and Industry and whatever thought could invent for its Ruine and Destruction has been Printed and Publisht such an Universal Conspiration of Men of several Faculties each assisting with what was his Excellency his Talent in Treason which seemed to be the Task-Master of the Town and Monopolizer of Trades But our Politician might return to his old Opinion again did he but consult other Authors I believe as learned Antiquarians I am sure more Loyal Subjects who can shew him that the Saxons Councils call'd the Witena Gemotes had in them no Commons That the Conqueror call'd none of them to his great Councils none in those of his two Sons that succeeded nor none in any of the Parliaments down to Henry the Third my Lord Coke tells us of the Coke first Institutes Lib. 2d C. 10. T. Burgage Names this Parliament had before the Conquest as Sinoth Michel or Witena Gemote which he says implyed the Great Court or Meeting of the King and all his Wise Men And also sometimes of the King with his Council of his Bishops Nobles and the Wisest of the People and unless from the wisest of the People and all his Wise Men they can make up an House of Commons I am sure
great a power and prerogative and exercised it too punishments Vid. Baker p. 34. vir William 2d before his time which were Mutilation of Members he made pecuniary provisions for his House which were paid in kind he made to be turned into Money an Alteration of Custom and Law not now to be compast but by particular Act Baker makes him first to have So also Florence of Worst instituted the form of an High Court of Parliament and tells us that before only the Nobles and Prelates were called to consult about Affairs of State But he called the Commons too as Burgesses elected by themselves but this can't be gathered from Eadmerus the much better Autority who in the Titles and the Stile of near Nine or Ten Councils of his time not so much as mentions them King Stephen what he wanted and was forc't to spare in Taxations which were not then granted by the suffrages of the Common People tho they commonly bear the greatest burden of it tho he did not according to the Power he was then invested with raise great Sums upon his Subjects and the greatest Reason because he could not the Continual Wars having impoverisht them as well as their Prince and it has the proverbial Authority of necessitated Truth That even where it is not to be got the King himself must foregoe his Right yet this mighty Monarch's power was such that Confiscations supplyed what he could not Tax and as our Historian tells us Baker p. 49. upon light Suggestions not so much as just Suspicions he would seize upon their Goods and as I remember the Bishop of Salisbury's Case in his time confirms But tho the Menace of the threatning King the Text be turned now into the clear Reverse and our Kings Loyns no heavier then the very Finger of some of his Predecessors still we can The wordâ— of a Priâ—â—t lately tryed and convicted of High Treason find those that can preach him down for a Rehoboam or some Son of Nebat that makes Israel to Sin Henry the Second resum'd by his own Act all the Crown Lands that had been sold or given from it by his Predecessors and this without being questioned for it much less deposed or murdered whereas when our Charles the First attempted only to resume the Lands of Religious Houses that by special act of the Parliament in Scotland had been settled on the Crown but by Usurpation were shared among the Lords when 't was only to prevent their Scandalous defrauding of the poor Priest and the very box of the poor to keep them from an Imperious and even a cruel Lording it over the poor Peasant in a miserable Vassallage beyond that of our antiquated Villains and when he endeavoured all this only by the very Law of all the Land by an Act of Renovation Legal Process and a Commission for the just surrendring Superiorities and Tyths so unjustly detain'd from the Crown but our modern Occupants of the Kirks Revenue had far less Reverence for the State chose much rather to Rebel against their Prince for being as they would Phrase it Arbitrary than part with the least power over their poor Peasants which themselves exercised even with Tyranny This was the very beginning of the first Tumults in that Factious Kingdom and 't is too much to tell you in what they ended Richard the First had a trick I am sure would not be born with now he pretends very cunningly to have lost his Signet and puts out a Proclamation that whoever would enjoy what he had under the former must come and have it confirmed by the new and so furnisht himself with a fine fund he could fairly sell and pawn his Lands for the Jerusalem Journey and as fouly upon his return resume them without pay And all this the good peaceable Subject could then brook without breaking into Rebellion and a bloody War and as they had just then none of their Great Charter that made afterward their Kings the less so neither had they such Rebellious Barons that could not be contented even with being too Great as they were then far from having granted so gracious a Petition as that of Right so neither 3 Car. 1. you see so ready to Rebel and that only because they could not put upon their Prince the deepest Indignities the greatest wrong And these warrantable proceedings of our Princes whose power in all probability was unconfin'd before the Subjects Charter of Priviledges was confirm'd must needs be boundless when there were yet no Laws to Limit them yet these two Presidents were as impertinently applyed by the Common Hackney Goose quils whose Pens were put upon by the Parliament to scribble Panegyricks upon a Common-wealth to prove 1648. 49. 51. Mercur Polit. n. 64. 65. all our Kings a Catalogue of Tyrants tho the Presidents they brought from those times were clear Nonsense in the Application and no News to tell us or reproach to them that those Princes were Arbitrary when they had yet given no grant to restrain their Will Here I hope is sufficient Testimony and that too much to Demonstrate that our Kings of old by long Prescription were so far from being guided and governed by a Parliament as our Factious Innovator would have them now that in truth they never had any such Constitution and the People then insisted so little on their own Priviledges that they could not tell what they were and the Princes Prerogative so great that even their property could hardly be called their own But these being but Presidents before their Charters were granted or the Commons came in play tho these preceding Kings might deviate from the common Custom of the Realm in many that some may call irregular Administrations yet the Customs of the Vid. Lex Terrae Kingdom relating to the Royal Government in all those Reigns were never questioned much less altered they never told their Kinge then as this piece of Sedition does now that their Nobles were to manage their Affairs of State as well as he would have even a Council of Commons We come to consider now whether An. Reg. 17 John from the granting them Charters which was done in the next Reign that of King John when the long tugged for Liberties were first allowed or from the Constitution of admitting the Commons to consult which by the greatest Advocates can't be made out handsomely before this Kings time or his Son and Successors who might well be necessitated to Consult the meaner sorts when all the great were in Arms and wisely flatter their Commons into peace when the Lords had rebelled in an open War tho' still good Authorities will Vid Dr. B. Introduct p. 72. 105. c. not allow them to be called in either of their Reigns not so much as to be mentioned in any of their Councils and p. 149. The King calls Parl. per advisam entum Concilii Vid. Bract. Parl. 4. Inst p. 4. and
Cook 4. Inst C. 2. Evil Counselling of their King invented very cunningly this popular Opinion to preserve themselves and please the Rabble they had so much enraged And could after so many Centuries after so long a series of time the Principles even of their execrated Enemies by themselves too be put into practice and what is worse still shall the sad effects that succeeded the practising it so lately encourage our Seditious Libellers for its Reimpression if this most Rebellious Nonsense must re-obtain all their declaratory Statute the determin'd Treasons of their good King †25. Ed. 3. Edward may pass for a pretty piece of Impertinence they may do as once they truly did they may Fight Shoot at Imprison Butcher the Natural Body the Person of their Soveraign and tell us the Laws designed them only for Traytors when they could destroy him in his politick The same Laws make it Treason to compass his Queens Death or Eldest Sons and must it be meant of their Monarchs being Married in his politick Capacity as well as murdered or of his Heirs that shall be born by pure political Conception they might e'n set up their Common-wealth then if these were to be the Successors to the Crown But yet with the same sort of silly Sophistry that they would separate the Kings natural Capacity from his political did the same Seditious Rebels as I remember make their own personal Relation to a politick Body Inseparable Rebellious Lumps of Contradiction shall not your Soveraigns sacred Person be preserved by that Power and Authority derived even from the Almighty and whose very Text tells us touch not mine Anointed and yet could your selves plead it as a Bar to Treason because perpetrated under a political Denomination and a Relation only to that Lower House of Commons that was then only an incorporated Body of Rebels and Regicides and this was told us by that Miscreant * Vid. Tryal of the Regicides page 50. Harrison the most profligate the vilest the most virulent of all the Faction concerned in that bloody Villany the MVRDER OF A KING the silly Sot had it infused by his Councel as Senseless as Seditious That it was an Act of the Parliament of England and so no particular Members questionable for what was done by the Body I confess the good excluded Members and the bubbl'd Presbyterian Senate would not allow it for a Parliamentaty Process and why because themselves did not sit in it and truly upon that unexpected and most blessed Revolution might â—hugg themselves and shrink up in a silent Joy that they were kept out And I cannot but smile to see * Vid. Ibid pag. 52. two or three sit upon the Bench and upbraiding the Prisoner for pulling them out of the Parliament and making themselves none †This was pleaded too by Carew p. 76. Treasonable words sworn against Scot. spoken in Parliament he pleads Priviledges of the House for speaking Treason tho 't is expressly declared not pleadable no not so much as for the breach of the Peace 17. Ed. 4. Rot. Parliament N. 39. Persons whom Policy had only placed there when the poor Prince was forc't to compound with a party for a Crown forc'd to prefer those that had â—dethroned his Father before only the better to settle himself in it and to compass more easily the punishment of those that murdered him after Persons and a great one too that I could name that have serv'd him as ungratefully since and been as deservedly rejected Persons that had his late Majesty's Arms been but as Victorious as his Cause was good had been as much liable to the Laws and their Crimes as Capital for fighting him in the Field with an Ordinance of the House as those that brought him to the Scaffold and Butchered him on the Block from the time that their Tumults forc'd him to fly from their Houses they were no more a Parliament than those were afterward that pulled them out and it lookt a little loathsome to see some sit a simpering and saying all Acts must be past by the King who themselves once had helpt Tryal of the Regicides pag. 52â— to pass many without and they could no more justify themselves had it been but their turn to be brought to Justice by their Memberships political Referrences to the two Houses then the Criminal at the Bar by his Relation to the Rump I have their own Authority for it their very * Answer of the Commons to the Scots Com. that the King had forfeited the executing the Duties of his Place and therefore could not be left to go where he pleased Anno. 1646. Imprint Lond. p. 20. Houses Act that they declared designed and actually made their King a Prisoner For they told the perfidious Scot that his denying their Propositions and what were those but Expedients to destroy Him had debar'd him of his Liberty and that they verifyed too when they had got their poor purchase at Holdenby in a usage of their Prince with a restraint that would have been Cruelty to a Peasant and which even his very Murderers enlarged when their Joyce took him from his Jaylers And I am sure 't is provided that to Imprison him till He assent to Proposals shall be * Parliam Roll. Num. 7. Lex Consuâ—tudo Parl. 25. Ed. 3. El. 1 Jac. High-Treason by particular Act as well as to Murder him is made so by the 25. And whatever the Mildness of ‖ H. postsc p. 89. Mr. Hunt the Moderator of Rebellion would have this Mystery of Iniquity would not have it so much as remembered it was these his own darling Daemagogues whom he defends and adores and that even for †Ibid p. 11. Restorers who script him in his politick Capacity anticipated his Murder and then left his naked Person to be persued by the * Salmasiuâ— has the same sort of simile page 3â—3 defensio Regia Wolves that worried it they had turned their House into a Shambles and that of Slaughter and were the Butchers the less Bloody that only bound Him and left to their Boys the cutting of his Throat yet this Barbarity must be defended this extenuated by them and the help of their Hunts and such Advocates the guilt not to devolve to each Individual Member because an Act of an Aggregated House But base Caitiffs to use even the very * Hunt page 94. Lawyers own Language your selves know that a politick Body may be guilty of a most political Treason and tho the †21. Ed. 4. 13 14. and noted Calvin's Case Laws tell us it has no Life or Soul and so can't suffer yet it s constituent Members may lose both be Hang'd and Damn'd in their proper Persons and that for committing it too against such another political Constitution It would otherwise be a fine Plea for Corporators that have been many times Defendants in the Case when their King has been Plaintiff And
that must depend upon the Authority of that Court from whence such Officer receives his Writ Warrant or Commission 't is * Coke R. 12. pt p. 49. Vid. also the same Case 4. Inst Cap. 74. p. 333. But as quick as Mr. Johnson jumbles up the the business the Judâ—es defer'd their Judgment till the next Assize and then perhaps the emulation there is and always was between the two Courts made their Lordships at â—ast a little Partial Brownlows 2d pt p. 15. Humptons Case 42. Eliz. adjudg'd in the Case that they might have cited to Appearance and upon Contumacy to have proceeded to Excommunication and then have arrested upon their Writ of Capias but that they could not Arrest him outright upon a Surmise That a Man may resist an Authority that is not Lawful any man will allow for it is the same as if he resisted none at all however if Murder be the Consequence of such a Resistance all his Expositors upon the sixth Commandment will hardly help him to distinguish it into Man-slaughter And tho my Lord * Vid. Pleas of the Crown Hales Hales whose Memory will still be pious for his equal destributions of Justice was a great Latitudinarian in allowing too much scope for premeditated Malice yet the Decalogue will make that Murder for which the Law will allow him the Benefit of his Clergy and did in Harry the Eight's time without distinction to all sort of shedding of Blood and then the Book that he talks of was dedicated to Cromwel would have been Authoriz'd by the Law which in some sort it self then made all Killing no Murder neither in an equitable sense was this Homicide excused from being a Murderer because he resisted unto blood before the jurisdiction of the * Besides 't is observable the Judges at that time had a particular pique to the power of that Court which they thought invaded theirs and might be very ready to give Judgment against them in Criminal Matters as well as Plague y'm with their Prohibitions in Civil and as they were then great Foes so my Lord Coke in his discourse upon the Court is but little their Friend Court was Resolved and to him in a Moral sense 't was as much Guilt as if that Authority had been Absolutely Legal and tho he tells us he does not descend to false Arrests yet I thank him for his Condescension 't is to such a matter as is no way distinguishable from it for an Arrest without Authority is equivalent to a false and is as much Tortius and Force as what is done upon a Forged Warrant The Cases reported by those two Lawyers he cites one of them but a Protonothary that other our great Oracle in my Conscience were never designed for proofs against Passive Obedience By their Resistance here of the Law was never understood that which was forbidden in the Gospel besides it was but the Resolution of the Judges against the * So much were the people possest against the Power of that Court in King Charles the First 's time that 2000. Brownists broke into St. Pauls where It was sitting beat down all the Benches and Bawling No Bishops No Commission Vid. Dugd. view Power of that Court which to be sure they did not care to favour and those two Authorities he has cited none of the best in Matters of Allegiance and Loyalty that part of Coke is looked upon not very favourable to the Government and Brownlow first Printed when there was none But his Triumphant Distinction between his Religion Established by Law and that which has no Law for it's Establishment is not only far from creating a Difference here as I have shown before because the precepts of the Gospel which must be more immutable sure than a Persian decree are still the same and are now the Question but the Offering here of such a distinction is in Truth as impertinently applyed as it is really none at all for whenever he can imagin here which God will avert any Sufferance for the sake of his Religion it must be according to the Law of the Land or else he 'll never be brought to suffer I 'll secure his Carkass for a Farthing and be bound to supply it with my own for the stake if ever his be tyed to it without reviving of the Writ de Comburendo All the Martyrdoms in * In Q. Mâ—râ— Reign first the Parliament supplicated the Pope for pardon and promise a Return to Popery Vid both Baker and Barnet Queen Mary's Reign were but so many Executions of the Law and that Writ de Haeretico he 'll find in Fitz Herbert as well as a Common Capias so that himself must first without Charity which won't sure then begin at home Give his Body to be burnt with his Imply'd suffrage in an House of Commons for I believe He is not likely to be a Bishop before fire and faggot can come upon him to singe his Hair or touch his Garment for the sake of his Religion and how likely we are ever to meet with such a Parliament to Sacrifice themselves again to the Flames himself best knows who I believe does not fear it so that here his Foundation of Law Establishment has nothing to support it and then all his Privileges of Saint Paul his own Magna Charta his Case of Commissions all fall to the Ground and his very supposition of his Religion being Establisht by Law and at the same time against all Law to suffer for it is more contradictory than his Horns or Addresses for it can't be supposed but that the Power that punishes him for an Heretick will have Repealed all those old Laws that would have protected him for being such and enacted new ones to make him suffer for his Perseverance and 't is always remarkable and a great Truth that the laying down one single false Position can never be defended but with as many Lyes And this forces him to maintain the Christians suffer'd contrary to Law in the time of Julian Certainly he knows but little of Justinian and the Codes however his Hunt help't him to so much of our Cases out of Cook The Constitutions of the Jmperial Law were but the Decrees of their Emperors as well as the Corpus the Collection of one of them all the civil Law that governed then is called * Pacius In Instit Prolegom p 1. Caesaria Imperatoria because their Caesars their Emperors where the Authors of it and how can he plead for them their Charters that had nothing else to trust to but the Will and Edict of their Prince The Testamentary Donation of Edward the Sixth he brings for an Argument for Excluding the Right Heir which makes but very little for his own and as much for the cause he contends against not so Insignificant neither as he suggests only because they could not well avoid an Act of Succession in Harry the Eight's time for whether that Act had been
of that Metropolis for the right Line was such and so considerable together with that Princes own Courage and Conduct that he remained Conqueror in three several Battels and had been so in the fourth too the last I believe the Dane would have dared to offer had not that false Edric the Traytor to his Father acted o're the same Treason to the Son and revolted in the fight when the Forces of the Foe where on the point of flying The taking but half his Kingdom at that Duel and Accommodation in the Isle of Alnâ—y was more fatal than fortunate when still his trusty Citizens would have fought for the whole and spent their last blood for the right Line they had first espoused the parting with some of his right was quickly succeeded with the losing of all and his Life to the Bargain and our Kingdom of England might well be too weak to stand when divided against its self and by that Donation of Edmund made half the Danes So dangerous is it to Princes to forgo the least of their right which only introduces the loss of a greater share or to part with a piece of Praerogative for the patching up some popular divisions whose twisted Interest like Cords that are a twining if it catch but the Skirts of the Purple will soon wind away the whole robe the Observation is here verified upon our old Records and has been newly transcribed in Blood in our latter days and the Son of our Royal Martyr reads the best Politicks for the Prevention in that unfortunate Testimony of his Father and if Sovereignty be somewhat that is Divine a Subjects robbing of the Crown must be next to that of a Church and a sin that favours as much of sacriledge But to let you know in short the design of this Historian's Complement upon which we have dwelt too long the pretty Parenthesis was applyed to another purpose 't was publisht at a time when the City was Influencing an House of Commons that were for altering Succession and they as great an Influence with the City at a Banquet of Politicks after their Parliament Feast and His time to let them know the †Brief Hist p. 2. Approbation of that renowned City had then no little Influence on the Succession And besides in the very Stow mentions not one word of this Athelstan 's Illegitimacy and his own Author whom he cites for the falsehood relates it but as a Fable by which Daniel too was deceived same Page he had prepared for them the pretty President of the Saxons preferring a brave and deserving Bastard before Him that was the Legitimate Prince He means that Athelstan whom he resolves rather erroniously to suppose Illegitimate than Ingeniously to allow him as he truly was the Lawful Heir But Baker and others tell us the Truth tho' he will not and say this Athelstan was the Eldest and no way spurious But the telling of the Truth would have prevented this malicious Authors Factious insinuation of a lye which he forg'd only for an application of it to the times and that it might be made more remarkable he must mark it out in Emphatical Italicks only to save the crying Monmouth and York But the Card is turned there now and the Loyal Heart Trump instead of his Clubs and to be hoped they 'l ever make good the best part of the Observation which he never designed they should stand and fall with their Loyal Progenitors in the defence of the right Line and the Royal Blood In short upon the whole united and happy union of the Monarchy of the Saxons give me leave to observe this great Truth that from their first King Egbert Even in the Heptarchy it self if you consult How you 'll find the next of Blood still succeeded to this Ironside the last no less then 14 in number besides that Edward the first Edmunds Brother all successively Reign'd in Lineal discents of the immediate and next Heir of the Royal Blood and most of them too the Successions of the next immediate Brother to the preceding Prince no less than four several Brothers Sons to Ethelwolf the second sole Sovereign of the Saxons succeeding one another and then with what Face unless with one more lasting then I hope his corrupted History by being all Brass with what a Front but such an one could such a Libel and Imposture The True Protestant Legend to whom for ought I see a fabulous Monk might seem an Historian offer at such a part of our History for the dispossessing the very Brother of his King But as much as this raging Zealot in Sedition Clamours against Rome he runs for assistance to such Authors of that Religion as even some moderate Romanists condemn and those are the fam'd †Parsons Inglefield Allen. Triumvirate that clubb'd for the contriving to subvert the Succession the pernicious piece the Book of Sedition they publisht by the borrow'd name of Doleman All the shadow that he has of any thing of Election was that of the first Saxon King Egbert whom he would have no way related to Brissicus the last King of the West-Saxons but whom some more worthy * Vid. The gâ—eat point of Succession and Dr. B. cites the same out of Sim. Dunelm and Malmsb. Authors prove from Westminster's own words that he was the sole surviving branch of the Royal Stemm and that he was banisht into France and that only for fear of his Right But granting then what he is resolved to suppose still right Reason will confute his Impertinence even in complying in unreasonable Concession the Question here is of the Succession of our Establisht Monarchy and he brings us an Instance before the Monarchy was Establisht owns that the History of that Heptarchy was uncertain and yet very certainly determins the point of his Election and that we must take too upon an ipse dixit of this Dogmatical Historians for his being no way related he cites just no body and while for his near alliance you have the Authority of so many That other only broken Reed that in all these Reigns he has to rely on and that like Aegypts too is ready to run into his side so false so dangerous to trust too which is Edreds being crown'd in the Minority of his Nephews when all the Historians say it was only for their being Minors And the diligent Baker says he was not then made Protector only because that Authority was not then come into use but crowned as King with purpose to resign when the right Heir should come of age But lest his Modern Authority may be not sufficient with those that malign Flor. worst Westm Houden Malemsb and Stow says expresly he was look't on But as a Protector any thing that makes for the Monarchy let them consult even the most of the Antients and they all agree they were only set aside for their Nonage But this Royal Protectorate soon expired as if Providence
't is now an unanswerable Confirmation that those who are so much for altering the discent of the Crown are as much for the deposing of him that wears it 't is now an attested Truth under their own hands and they must give themselves the Lye to confute it But whatever were the pardonable faults of this unhappy Prince tho our 4 El. 246. Bracton Lib. 1. Chap. 8. Law say A King can have none much less be punisht for it when he can do no wrong The greatest that Daniel condemns was his mighty favouring of his Daniel p. 184. Minions Gaveston and Spencer's in Opposition to his Barons and must it be criminal to a King to have a Friend But however in his History calls it the first Example of a deposed Prince no less dishonourable to the State than to him Stow calls the Bishop of Hereford that Stow p. 225. then was busied in the Resignation but a Mischievous Embassador and pray what was the Fate of those that were the first Leaders of the Rebellion and the most mutinous The mighty Duke of Lancaster was by his own Peers condemned to be Hang'd and Quartered and was only Beheaded and several Barons besides and afterward Mortimer the Queens own Minion and Favourite was impeached in Parliament of Edward the Third for making Dissention between the late King and Queen for murdering of his Sovereign and accordingly was drawn Hanged and Quartered for it with several of his Adherents But as Unanimous and as Clamorous as they seemed for his Deposition the Vid. Rot. Parliament 50. cited p. Dr. B. greatest Contenders for it as some of our Historians affirm lamented it with regret when it was done and Stow tells us that when the Queen understood Vid. Stow 224. her Son was Elected she seemed to be full of sorrow as it were almost out of her Wits and the Son lamented too and swore that against his Fathers Will he would never take the Crown And after all what succeeded this most unjust Deprivation and Imprisonment of a King but what still is its immediate subsequent the Barbarous Murder this was verified in the following fate of King Richard this was the unfortunate Consequence of our late confined Martyr Mattrevers Iron soon followed the firsts Imprisonment in Corfe and Berkley Gastle Exton's Poll-ax as quickly dispatcht the Second at Pomfret and the Block at White-Hall too soon attended the Confinements of the last Martyr in Carisbrook and Holmby confirming even with his last breath and verifying in his latest Blood this too fatal Aphorism that a Death soon follows the Deprivation of a King and that Vid. Eâ—kon Basil there is in his own words but a little distance between the Prisons and the Graves of Princes And now the next that enters this Theater Royal is Edward the Third a Son too forward to accept of a Crown before 't was his due But notwithstanding this Rebellious Instance he hath given not so formally chosen as to make the Kingdom Elective for their very chusing of his Son and that the Eldest insinuates that in spight of their obstinate dissobedience their resolute Rebellion they were still toucht with a sense of right and priviledge of Primogeniture and the small remainders of Majesty the bare Right they had left him awd them so far as to think it necessary to palliate their too open villanies with the formality of a Resignation neither would the Son accept it neither was he proclaimed or Crown'd till his Father had resigned and let the bold audacious force they used for it lie at their Door that vindicate it his resigning entitled his Son and he had a sort of Right in Civil Law besides Hereditary pro derelicto Here 't is pretty remarkable the fine sort of Observation he makes on the Bishop of Canterbury's Text vox Populi that it was the voice of the Almighty Brief History p. 6. too and impiously upbraids the sacred Dust of their own Martyred Lawd for placing a Divine Right in Kings when some of his Predecessors had so well lodged it in the People but did not the Impudence of his Brow almost exceed the villany of his Heart his Conscience as hard as his Fore-Head or both he could never thus inhumanely reflect on him whom they butchered too as barbarously and that with such a Reflection that flies in his own Face when the very Opposers of this pious Praelates Opinion verifyed afterwards his Prophetick fear and by the placing this Divine Right in the People sent assoon his sacred Majesty to follow the Praelate But can ever Wretches show more industrious Malice towards the Government when they shall close with the Doctrines of their worst of Enemies and which they would be thought so damnably to detest to do it an Injury cite you the Authority of the most Zealous Catholicks when it will make against the Monarchy yet baffle and burlesque the very Bible when it makes for it the malitious Miscreant knows the Clergy then were all bound by their Oaths besides their Opinions to be the Bigots of Rome He knows the Popes supremacy then would not admit of the Kings He knows the pleasing of the People was then the best Expedient for the promoting the Pope that from them came all the Penny 's that paid them for their Pater-nosters and that this beast of Babylon against which our Zealots pretend too as much Brutal rage then only trampled upon the Necks of Kings not only had Her stirrops held by them but rid upon the very backs of Princes and that only because the poor People were so Priest-ridden would he have had that Popish Prelate preach to them the Kings Supremacy told them he was not to be toucht because jure divino when themselves make it the Doctrin of their Church to dethrone them certainly such Sycophants dissemble when they cry up the Reformation that rely so much upon the Religion of those times before they were Reform'd The Bishop as he thinks having now Principes Regni habito Concilio apud Westm Pol. Virg. Lib. 5. pretty well asserted the Peoples supremacy by making them Divine he brings in as prettily Polidore Virgil proving them to be all Princes so that we have now but one Subject left and that 's the King but by his leave the Governments bark must be wrackt in a Rebellion and a storm before they can come to Reign like so many Trincaloes in the Tempest The Gentleman sure read Shakespear instead of Virgil and thinks our Isle enchanted too but to be serious in matters of Blood and Right and that when both Royal could any Person of sober sense be so simply sollicitous as from an Author forreign unknowing our Constitutions calling some of our Subjects Principes to suggest their Supremacy their Superiority we know as well as he what he means by it or what he must mean that they were some of the chief of the Realm and will that make them Rulers too the
idolatrous Admirer of his own created Gods see in these particulars and even in his own presidents that he cites the mutability of Mens minds and the contradictory Conclusions of this his infallible Council while Right it self must still remain the same and the decrees of Heaven can't be cancell'd since the very Laws of the Persians could not and still when our own in this point of Succession were repeal'd we find it turn'd all into Confusion and a Hell and for a more sudden alteration in this vein and humor of Parliament observe but this single Instance and that in the very season of which we are discoursing In the 38 of this Henry the sixth a Parliament was held at Coventry by that vid. Stow 38. H. 6. p. 406. the Duke of York too is attainted of Treason and all his Adherents Their Heirs disinherited to the ninth degree their Tenants spoiled of their goods maim'd slain but in the very next year of his Reign the very same Coventry Parliament declar'd by another to be a devillish Councel celebrated for the destruction of the Nobility never elected unduly returned desiring the destruction rather than the Advancement of the Commonwealth And now can the most popular advocate of the Party from the perusal of Stow 39. H. 6. p. 406. these their inconsistent irregular proceedings make them absolute Arbitrators of Right They must resolve themselves into this Absurdity for a reply that the supream Power of the Nation for its own security can justly do wrong We have seen several Subjects against all Reason ruin'd with an Act of Parliament and therefore shall we think it alway to do Right What Reason can we give that our Courts of Equity are still the same but that they can't be controll'd by the mutability of their Statute-Law and granting this their Bill of Exclusion had past into Statute that it had been Enacted a Royal Heir must be debarr d of his Birthright I am sure the general Council of the world would quickly have given their Opinions against this great one of our Nation And tho their Codes and Digests don't obtain with us yet I cannot see why a Prince shou'd be deny'd the priviledge of a private Person And the Brother of our King the claiming his Right in Equity what is allow'd the meanest Subject when forecluded by the Law The next immediate Succession of the Crown descends as immediately to the Buck whom he cites in R. 3d reign no good Authority who contradicts his Murdering of his Nephews and makes him no way deform'd against the sense of all Historians But that prejudic'd Author might well flatter the Tyrant when one of his own name and family was the Monsiers minion and favorite by his own Confession next of Blood and as for the most part it has done since the time of the Saxons from Father to Son the Fifth Edward as hopeful as unfortunate and the more in affording our Factious fellow another president for an Assembly of Rebels that prefer'd the very Murderer of their Soveraign and a pretended Parliament that plac't the Butcher of his Brothers Children on the Throne And truly this Monster might be said to be Elected by the People whom no God or Nature design'd for the Crown and who was forc't to break the Laws of both to come at it and a sort of Election it was like those we had of late in the City with Rout and Ryot and that in the same place too at their Guild-hall where the Duke of Buckingham very solemnly convenes the Mayor and Aldermen and there propounds to them and the rabble their new King Richard and it was like Vid Stow Baker to be a fine sort of National Choice that was to be decided by the Freemen of L. Bacon calls him a King in fact only but Tyrant in Title 1. p. London But whatever Influence as this Gentleman observ'd they had on the Succession nothing of their consents could be gather'd but from their silence for suffrages they had none they being all surpriz'd with so strange a Proposition Their Buckingham Elector with his Aldermen and some of their Retinue cry up a Richard and so carry'd all with a House of Commons Nemine contradicente And now for his Bill in Parliament made rather by a pack't Convention of Buckinghams for the Bastardizing of his Soveraign's Issue that very Roll of Rebellion acknowledges his right by Lawful Inheritance grounded upon the Laws of Vid. 1. R. 3. the whole Record in the Exact Abridgment fol. 712. Nature and Custom and God himself also this which was rather a Convocation of Rebels than a Convention of States acknowledgd what this inconsiderate Author cites them to Contradict the Lineal and Legal discent of the Crown by Proximity of Blood but in this acknowledging of an Usurper the good Bishop of Ely then oppos'd and for it was Committed to Buckingham's Custody and Stow calls it all a Stow p. 460. meer mock-Election And here enters all in blood that of the Blood Royal and Innocents the meer Monster of a man that beyond her intention seem'd to crawl into the World while nature lay asleep with a distorted Body the proper receptacle for as perverse a Soul and in him the third great Example that our Impious Author vouches for the Practicable Presidents of a Parliaments abetting the plain Usurpation of a Rebel to the Rebellious deposition of a King that Reign'd and consequently the subsequent Murders of those that had the right and those damnable Proceedings against Edw. 2d and Richard 2d and these poor Infants has he more Elaborately handled than all the rest of his abominable Treatise and the Contradictory Wretch calls the Murder of the Nephews Barbarous yet pleads for the power of a Parliament that Introduc'd the Tyrant for their Murder for they were as much dispatch't by their suffrages in the senate as by Tyrrel in the Tower they were the Ministers of Injustice that sentenc'd them out of their Right and that other only an Executioner to dispatch them of their Life for the History of all Nations and too sadly that of our own verifies it for an experienc'd truth that the Destruction of those that have right certainly follows in all Monarchies the bloody Vsurpation or the popular Election of him that has none an Association will needs follow an Exclusion for whom they have expell'd they must destroy for such Murders as are grounded upon MAXIMS of State must as necessarily follow the Foundations upon which they are lay'd for whatever Usurpers undermine an old frame of Government their Interest obliges them to remove as rubbish all that shall obstruct the raising of the new and the dangers and fears from excluded deposed Princes or the poor injur'd Heirs soon makes it absolute necessity to cement the Walls with their Blood The best remarks that can be gathered from the following Reign of Harry the Seventh are to be found in the Lord Bacon's
History the best account of that King and he tells us he had no less then three Titles to the Crown whatever that Italian States-man Commines could conceive to the contrary first his Title in right of the Lady Elizabeth whom he was resolv'd to marry secondly that of the Line of Lancasters long disputed both by Plea and Arms thirdly the Conquest by his own But the Learned Historian observes the first was look't on the fairest and Yorks line been always lik't as the best Plea in the Crowns descent and for Confirmation of it the Learned Lord tells us that this Henry knew the Title of Lancaster Condemn'd by Act of Parliament Bacon Hist H. 7. p. 3. Ibid. page 12. and prejudic'd in the Common opinion of the Realm and that the root of all the Mischiefs that befel him was the discountenancing of the house of York whom the General body of the Kingdom still affected and whatever stress and reliance this Prince might place in the PARLIAMENT's power this able states-man observes there is still a great deal of difference 'twixt a King that holds by civil Act of State and him that holds Originally by the Law of NATVRE and DISCENT of BLOOD so that we have here a Person vers'd in our own Laws an excellent and allowed Scholar by the whole World and not only Lauds and Bishops as our bigotted Author would have it allowing a Divine right by the Laws of Nature and who I am sure was so good a Naturalist as best understood her Laws and that Natural discent by blood to be much more preferable than any other Human title given by such Inferiour powers of a Parliament whom the most zealou's adorerssure won't acknowledg more Omnipotent then the God of Nature himself I shall observe another Historical Instance that a true lineal discent was then taken for the best title and even in those times had the greatest Influence which was the Lord Stanley's Case who tho the very Person that plac'd the Crown on this Princes head yet suffer'd the loss of Vid Bacon Hist his own only for saying somewhat that savoured of his kindness to the Succession and that if he was sure the Children of Edward were alive he would not â—ear Arms against them so mightily did the sense of the right blood prevail with him that he sacrified all his own for it and rather than recant what he so well resolv'd seem'd no way sollicitous for his Life But that which this Historian might have observ'd too in this Reign as a discouragement to the designs of some of their popular Patriots then afoot when he pen'd this his presumptuous piece was the ill success that two several impostures met with in their pretensions to a Crown to which they were not born no great Inducement certainly for any one to be persuaded to personate the Royal Heir to set up for a Lambert or a Perkin only for their misfortune and fate Lastly I shall conclude my remarks upon this Kings Reign with an Animadversion upon a Paragraph or two that conclude his piece very pertinent to this place since it relates to the times of which we treat and that is the resolution of the Judges upon the Case of this their King that the Descent of the Crown purged all his defects and attainder This their opinion he refutes Brief Hist p. 17. as Frivolous Extrajudicial and here Impertinent but I hope to show this Point a most material one the Resolution to be a good Judgment and their reply much to the present purpose First sure it was a matter and that of a high Nature to know how he was qualify'd to sit in the House that was to preside in it as the head And tho he might in some sense be said to have won the Crown with Arms yet he knew it would wear much Better sit much Easier if setled and establish't according to Law and tho a Conquerer that has the Sword in his hand can soon capacitate himself to sway the Scepter yet he 'l soon find the most regular Proceedings tend most to the Establishment of his Reign this made Henry the Seventh who had a Triple Plea for the Crown and that one by discent from the Lancasters consult his Oracles of the Law how far an Attainder past in the Reign of the Yorks would still taint his Blood and make it less Inheritable Secondly their Resolution that all preceding defects were purg'd in the discent was a Judgment both equitable and reasonable for 't was sure but equal that an Heir to whom an Inheritance and that of a Crown was allowed to discend should be qualify'd to take too for if he was a King no Bill of Attainder could touch him that was past too when he was none And if he was no King Vid Dyer H. 7. f. 59. The King is the head of the Parliament Lords and Commons but Members So no more Parliament without a King than a body without a head It is no Stat. if a King assent not to it 12. H. 7. 20. all the concurrence of the Lords and Commons cou'd never have made him an Act for his being so there being no Royal Authority to pass it into Law and nothing by the very constitution of our Government can be made a Law without so that such a resolution certainly was highly reasonable and unavoidable that that should purge its own defects which no power had perfection anough to purge wou'd he have a King pass an Act with his two Houses for the reversal of his own Attainder or the two Houses reverse the Attainder of their King If the first the allowing him to pass such an Act supersedes the end for which it should be past and makes him de Facto capable whom they would capacitate if he allows the Latter then he must an Interregnum too extinguish that Monarchy for a while of which the very Maxim says the Monarch can't dye and place that Supream power in the People which all our Fundamental Laws have put in the King Thirdly this Resolution is very pertinent to the present purpose to which 't is commonly now apply'd and that is the Bill of Exclusion But his passion and prejudice would not permit him to Examin the little difference there is between them For certainly that ability that can discharge any attainder is as efficacious for the voiding and nulling any Bill that shall hinder the descent for a Bill of Exclusion would have been but a Bill or an Act of the House for disabling the next Heir And an Attainder can do the same and is as much the Houses Act and to distinguish that in an Exclusion the Discent it self is prevented by a Law makes just no difference for whoever is Attainted has his Discent prevented by a Law too and that antecedently also before the Descent can come to purge him so that they only differ in this formal sort of Insignificancy In an Exclusion the Discents prevention would be
He allows Moses to have had no help of any Preceeding administration but only the aid of God himself Pag. 29. English-men under a true Monarch or like the Venetian Republick under an insignificant Duke For this certainly must be the Consequence of his Inconsiderate Assertion that Original Governments is unknown at the same time that he excepts Moses from the Number of those that Establisht a Particular one which by the Consequence of his own Concession must be the first General and Original unless he allow another before it dis-believe the very Bible and give his God the Lye But he is not the first Author that has fancyed Prae-Adamites and writ about them too Besides his Brother Heathen the Stagyrite as great a Philosopher as his Plato tho not so Dogmatical makes it more than an Hypothesis one of his Principles that our World was Eternal and then indeed we shall be puzzled for this Original of Government in General for lack of a Creation when the Bible shall be baffled and Books of Moses at a loss But I wonder since he allows that Primitive Penman to be one inspired by God and excepts him too from the Number of those that have transmitted an account of the Original of particular Governments which must imply that he did of that which was General and so contradict his first Position That we wanted such a Tradition that yet all the while he won't take notice what is the account he gives and what 's the first this Moses mention'd without doubt he knew the very Consideration of it would confute him and that he would be confounded by the very First Chapter of Genesis And therefore he presently takes it for granted that Politicians conclude tho none but such as himself that nothing but Necessity Page 29. made the first Government But then what does he think of the Dominion that the Almighty gave in express Words to his created Man was it only to extend to the Beast of the Field and Fowls of the Air and every Living thing Genesis 1. that then moved upon the Face of the Earth or ought it not in Reason be applyed to those Beings too that should be hereafter the product of those Beasts and that of his own Loyns but even God himself confirm'd the Donation of this power afterward to make it more sure made him Ruler In an exprest Subjection over his Wife Eve and afterward subjected Abel in a subordinate one to his Brother Cain 'T is strange and prodigious to me that Men prosessing Christianity Protestants even to a fault in being fill'd with Fury instead of a sober Zeal yet should so warmly contend for the Doctrines of profest Atheists and pursue with heat the Principles of some zealous Papists Does not Mr. Hobbs teach us our Ibid. only Mr. Hobbs says Fear this Fellow calls it Necessity that made the first Government Hobbs decive ch 1. Original State was that of War and this Political Atheist tells us as much that Man was first born like a Beast only to prey upon one another does not Bellarmine declare by Nature all Men were equal and this Pseudo-Protestant informs us Every Man has a Right to every thing What can this Harmony mean with the profest Foes to all Religion and those that they fear for such Enemies of our own but that these Sycophants dissemble with their very God when they declare for his Worship and would close with the Devil for its Extirpation 'T is plain they do with the Positions of some politick Jesuites and the Fiends in Hell can't be made more black than themselves do with rage and against all reasonable charity for the Faults of some few set out their whole Society whom I am afraid as the Indians do their Gods they only make the more ugly for Adoration In the next place all Paternal Right Plato p. 31. must be laid aside that 's a thing so ridiculous as not to be mention'd But I hope 't is only so because inconsistent with his Principles when we have so many Texts of Scripture for its Confirmation and Aristotle that learn'd Heathen tho' a Native born even in a Republick places that Original of all Despotical power in the heads of Families and I can't see where a man that has a Power to Lord it over some few has not a share of Sovereignty too as well as he that has an Empire over many more The Government of those Families and the setting their Father a Ruler over them in their several Tribes was really from God as appears plain enough from the Old-Testament and that without doubt made Paul to make this of a larger extent and Interpretation in the new when he tells us expresly that all * Rom. 13. ver 1. Powers are ordain'd by God and there are none but what are from him But they 'll say this may be apply'd to any Democracie which is a Power too But then it may be as boldly reply'd That they are not of his Ordination for we have the Authority for the sole Sovereignty of every Father of a Family from the very first Original of the World and that of their Popular Supremacie never commenced but by some Division in a Tribe or Family and even then they made some Head in that Division which was no more than what we now call Rebellion and Vsurpation The first Original of Monarchy he resolves Page 33. into the Corruption of the Times which the preposterous Statesmen ought rather to have made the product of their Purity at least of their desire to be bettered and purg'd for allowing what he says some better Government tho the greatest Opposers of the Divine Right grant that of a King to be the best might degenerate upon the disorder of Times and Debauchery of Manners into Monarchy which the resolute Republican is resolv'd shall be the worst yet still his own very Argument shall contradict his reasoning and in spight of his Villanous Principles prove it the best For if manners be deprav'd under another Form of Government and that the People grow so careless as to neglect the Constitution and Frame of it as not worth the keeping and so uneasie under it as to admit any Usurpation and Intrusion of a sole single Soveraignty certainly they must have a very bad Esteem of their preceding Government to suffer it to be utterly abolish't and somewhat at least of a good opinion of that new Soveraignty in a single Person so easily to admit it for the depravity of Mens manners can never arise to such an Acme of transcendent Wickedness as only for mischief sake to undermine a Government they think the best and for an Instance their own Malitious Accusations as common as they are False fly in the very Face of this Conjecture for they make now the most Debauch't Atheists at present the greatest Sticklers for our Government Now if the Depravity of their manners would make them neglect the Monarchy they
from this Authority they can have no proof and from Wise Men can be gathered nothing but such as were Noble or chief of the Realm for the meaner sort and that which we now call the Commonality were then far enough from having any great share of Learning or common Understanding and then besides these Wisest of the People were only such whom the King should think Wise and admit to his Council far from being sent by their Borroughs as elected Senators King Alfred had his Parliament and a great one was held by King Athelstan at Grately ' which only tells us there were Assembled some Bishops Noble-Men and the Wise-Men whom the King called which implies no more then those he had a mind should come But the Antiquity of a Parliament or that of an House of Commons is not so much the thing these Factious Roll and Record Mongers contend for 't is its Superiority Supremacy and there endeavours to make them antient is but in order to the making their Power Exorbitant and not to be controul'd by that of their King whom in the next place this Re-publican can scarce allow the power of calling them at his Pleasure and dissolving them when he pleases But so great is the Power of Truth and the Goodness of the Cause he Opposes that he is forc't to contradict himself to defend his Paradoxes For he tells us the King is obliged with an hear-say Law which his learned in the Faculty and Faction can't find out yet Page 111. to call Parliaments as often as need should be that is they think fit And also not to dissolve them till all their Petitions were answered that is till they are willing to be gone But then will I defie the Gentleman to shew me the difference between this their desired Parliament and a Perpetual sitting do not these industrious Endeavours for such a perpetuity of them plainly tell us 't is that 's the only thing they want and that they are taught experimentally that that alone run the three Kingdoms into absolute Rebellion and ruined the best of Kings and can as certainly compass the Destruction of the present But I 'll tell the lump of Contradiction first the words of our greatest Lawyer and then his own Cooke says none 4. Insti 27. 2. 1. Inst Sect. 164. can begin continue or dissolve a Parliament but by the Kings Authority Himself says that which is undoubtedly the Plato Red. page 105. Kings Right is to call and dissolve Parliaments 'T is impertinent to labour to contradict that which he here so plainly confutes himself the Statesman being so big with his Treasonable Notions so full of his Faction that his Memory fails him makes him forget his own Maxims and makes his subsequent Pages wrangle with the Concessions of those that went before His next Observation is a perfect Comment upon his Text that had in it implicit Treason before he tells us in Justification of the Barons Wars which all our Historians represent as a perfect Page 107. Rebellion That the Peers were fain to use their Power and can he tell me by what Law Subjects are impowred to Rebel He calls it arming of their Vassals for the defence of the Government That Bill by which they would have associated of late that I confess had it past into Act would have made Rebellion Statutable And they themselves must indeed have had the Sovereign power when they had gotten their Sovereign to suffer himself to be sworn out of his Supremacy they might well have armed their Vassals then when they had got his Majesties leave to commence Rebels and Traytors for the Protection of his Person and the Preservation of his Crown and Dignity But these humble Boons were no more than that Bill must have begged and these kind Concessions no more than was expected from the Grant of a King so Gracious a Petition that might well have been answered like that of Bathsheba's by bidding them ask the Kingdom also The Barons standing in open defiance Ibid. page 108. to the Laws tho they stood up too so much for them He calls the Peers keeping their Greatness and this is the Sovereign Power the Rebel would have them again set up for to be great in their Arms as well as Quality and demand with the Sword again the Prerogative of their Kings and the grant of the Regalia which in their preposterous Appellations was abused with the pretence of priviledge and right and which the force of the Field can soon make of the greatest Usurpation and wrong But in the very next Page 't is 109. expounded clearly what has may and must be done in such Conjunctions that is to your Arms. He tells us after they had obtained the framing of their Charters and I think they were as much as the most condescending Monarchs could grant or the most mutinous malecontents require Then arose another grievance unseen and unprovided for This was the Intermission of Parliaments which could not be called but by the Prince and he not doing it they ceast for some years to be Assembled if this had not been speedily remedied The provoking Rebel for certainly he is as much so that Animates a Rebellion as he that is actually engaged in it and is by Law so declared tells us the Barons must have put on their Armour again and 25. Ed. 3. Plat. pag. 109. the brisk Assertors of their Rights not have acquiesc'd in this Omission that ruined the Foundations of the Government After all the kind Concessions of the Prince the putting him upon that which was the taking away of the very remains of Royalty puts me in mind of one of our late Expressions of a popular Representative that could declare in open Assembly as attested by some of the very Members of it that tho this their Bill of Exclusion were past which was more we see than the most mildest Monarch could grant or even our House of Peers sure the better part of our Nation could in Modesty require yet still there was more work to be done and a Reformation to be made in the Church as well as the State The Patriot was prepared to lanch out in such kind of Extravagancies and told the truth of the Plot before his time had not calmer Heads interposed and cool'd his hot one into common Sense Several of the Speeches spoken in Parliament for which its Publisher deserves to be Pillor'd if not Authentick and True and brought before them on his Knees at least for his Presumption if they are it being here as Criminal to Print Truths at all times without an Imprimatur as 't is to tell it without leave even in several of those Speeches Publisht in that Paper I reflected on in the beginning where the Pedantick Author has exposed me in the Tail of his History that lookt like the Narrative of a Rump History of the Association Printed by Janeway there are as bold Expressions of
how vainly he presumes upon his parts and Invention that he is a double Plagiary not only borrow'd this pernicious project against the present Privy Council from these proposals of our Seditious Senate in England but his very Quarantia of Venice was set up long before he could for an Author by those Zealots that were so resolutely resolv'd to Rebel in Scotland and he shall see those Daemagogues too those Devils of Sedition look't upon it even then as a praeparatory project and the best Expedient for their Invading of the Kingdom and the Crown Their Edenburgh their Metroprolis as well as ours here was then the Seat of Sedition Anno 1638. so truly great that it's Faction and Villany was Commensurate even with it's very Walls And those too when Casually fallen were not suffer'd to be built as if they would have let the World known by praediction their Ominous Treason was to extend further 't was here that the Sycophants at the same time they pretended so much for their Kings preservation that they protested against the pious Prince's Proclamation only for the dispersing of that dangerous Rabble that seem'd to denounce with an Omen what too fatally follow'd his Death and Destruction his Majesties sincerity to them and their Religion was repeated in it often with assurances but what was as Sincerely promis'd from a King by these Monsters of the People was as Rebelliously Ridicul'd with scorn and derision and that the Government might be satisfy'd with a sure report of their Sedition they made those Heralds that Vid. Sir Will. Dugdale's short view 45. p. 48 49 50. proclaim'd their Princes pleasure to witness how much it displeas'd his Rebel Subjects and in defiance to their very Faces read their own Protestation Big thus with Rebellion and Labouring with their teeming Treason at last they are fairly deliver'd of the same Rebel Brat this Republican would adop't for his own a QVARANTIA they Covenant and agree and 't was time to Vnite for a Justification of those Villanies which nought but a Combination could defend for erecting four principal Tables and 't was time too to set up their own Councils when they had so Seditiously resisted their Kings To pursue the Contempt of this Proclamation which by his Majesties Council and Command was publish't for a further Violation of the Regal Authority they set up this truly Popular the first of their four Councels to consist of their Nobility the second of the Gentry the third of their Burgesses and the fourth of their Ministry and the Decrees of these their principal and general Tables as they call'd them as if as Universally to be receiv'd as Moses his Two of Stone what they did and was approv'd of by the Baker 406. General one the Choice Flow'r of all the Four was to be forc't as the Peoples Law but far I am sure from the Fundamental one of the Land from this their Rebellious assuming of the Soveraignty in their pretended Councils as they call'd them too but in truth a Convention of Conspirators proceeded presently the Renewing of their Negative Confession their Band their Covenant impos'd on all sorts of People with artifice force and Blood it self And can a Test now establish't by Authority and Law be look't upon an Imposition even by those that impos'd Oaths Vnlawful and Rebel'd against both it being by them expressly declar'd in two several Acts that all Leagues of Subjects amongst 10. Jac. 6. Act 12. Parl. 9. Regn. Mariae Act 75. themselves without their Princes Privity to be Sedition and their Authors and Abetters to be punish't as movers of such And what did this Venetian Government terminate in in Scotland but a plain Confederacy to confound all and tho the Civil and Courteous contriver of our Ruin and Subversion minces the matter with making his Majesty to Exercise his four Magnalia with the consent of these four Councils 't would puzzle his Politicks to tell me the distinction between them and those principal Tables of the Scot what should confine them from Confederating against their King instead of Consulting for him Plato p. 240. what would signifie his Majesties having a president among those of his own placeing when every one of them would be their own Masters and out of his power to displace what should hinder those from protesting with their old Rebellious Assembly in Scotland against all their Kings desires intentions and Inclinations for the publick good while they presume their own Maxims the wisest and their measures the best and to tell us that these are to give Account and to be answerable to such a Parliament who chuses them is to say a Sidney is the best Judge of the Misdemeanor of a Nevil most qualifi'd to answer his Quaere whether this project be not a better Expedient than the Justitia of Arrogan or the Spartan Ephori or to Plato 242. tell us one that has suffer'd for Treason to a Monarchy is the fittest to Try him that would betray it to a Common-wealth The second Proposition in the Parallel is that Affairs of State be managed by the Parliament or by such Councils as they shall appoint The true Spirit the Life the Soul of Sedition that informes and animates the whole Body of the Faction speakes here the Dictates of this Daemon this Devil of a Republick that has possest the Nation for this five years with greater Phrensy then e're he did before the Restoration when by the very Finger of God he was first cast out and would now return too with more worse than himself only because he finds it swept and garnisht For I desie the most diligent Perusers of the most pernicious Libels that were Printed in 1642. the most Pestilent time when Treason was Epidemick and spread as the Plague it self more than once did and that in their Mighty Babylon their Metropolis too I challenge even those to shew me so much Penn'd even then to persuade the setting up a Republick as has so lately been Published in this very piece His Majesty upon the presenting these Vid. Kings Answer to the 19. propositions their Proposals I have parralleld told them they designed him for a Duke of Venice and that they only dared to do when they had bid him defyance to his Face and made him fly for refuge to his Friends when they had a fund for Rebellion in the City A General and an Army in the Field but here we have a single Republican declaring expressly for the good Government of the Venetian Arraigning of our Monarchy condemning of our Courts reforming of our Councils only to set up their Republick for the framing their Decemviral the constituting their Quarantia the making every Member of Parliament but a Noble Man of Venice Rex est principium caput Finis Parl. Vid. Modus tenend Parl. 4. Inst fol. 3. and his Mighty Prince that presides in it by Law as a Principal Head but
shall they suppress those by whose advice they are call'd that even to the 18 of Edward the First wee 'll see I say now whether from these as they count them the most happy times That blessed Epoche wherein their Kings were first confined down to those which Posterity will blush at the Period of Villany when this Proposition was among the rest proposed whither ever the Parliament pretended unless when they actually rebelled as they did here to manage their King and his Affairs of State The greatest Lawyer and the most Equitable Bracton l. 4. Cap. 24. one that lived in this Henry the Thirds time tells us the King has a power and Jurisdiction over all that are in his Kingdom that all are under him § 5. ibid. that he has not an Equal in the Realm and sure the Project of putting the Parliament upon choosing of his Council for the managing of his Affairs or assuming themselves to manage it certainly would Plat. prop. make the Subject have some power over him make him more then Equal or Co-ordinate as the more modern Contenders for the Peoples Supremacy very Magisterially are pleased to Phrase it In the Reign of Edward the First the 7. Edw. 1. Parliament declares they are bound to assist their Sovereigns at all Seasons and in that very Sessions declared the Supream power to be his proper and peculiar Prerogative and so far from taking upon them to manage Him or His Affairs or the setting a Council over Him as a superintendent In Edward the Second's time they several times confirm'd to him the 1 Ed. 2. power of the Sword as his Sole undoubted 7 Ed. 2. unquestionable Prerogative and that he could distrain for the taking up of Arms all that held by Knights Service and had twenty Pounds per An. and I think that allowed him to be his own Adviser when it put him into an absolute Condition to Command But I confess his Seditious and Rebellious Subjects afterward served Him just as these our Proposers did their Soveraign took upon themselves to reform his Council managed His Affairs till they did all the Kingdom too deposed him with that power of the Sword they themselves had several times in his very Reign put in his Hand as ours also denyed His Majesty the Commission of Array Vid. dugd Baker 5. H. 4. 1. Jac. which they well knew the Laws allowed But as this Usage was shown to both so was it done to bind them both that both might be more easily Butchered In the following Reign of this unfortunate Prince's Son too forward to Edw. 3d. mount the Throne before his Father had thoroughly left it which he could not be said to relinquish but with his Life there I 'll grant this Republican his own Rebel Tenent was as stoutly maintained but by whom why by the very same Exilium Hugon Edw. 2. 1 Edward 3d. C. 2. Wretches whom too several Parliaments had condemned for the same sort of damnable Opinions and solemnly sent them into Exile too the daring and presumptuous Spencers who being the first Authors of that Seditious Sophistry that damnable Distinction of parting His Majesties Person from his * Vide Jenkins's Lex Terrae first Edit p. 5. political Capacity that is making Allegiance no longer Law than their King could maintain his Authority with Arms for that must be the meaning of such Treasonable Metaphysicks for if they 'll owe but Obedience upon that political account of his being a King assoon as they can but find out some blessed Expedient for the proving of him none that is Misgovernment †Vid. Parl. Declarations 41. p. 4. Arbitrary Power ‖ And Proceeding of L. Shaftsbury in the Old-Bayly Popish Inclinations and the like pretty Pretences to make him fairly forfeit it why then truly all the Majesty vanishes like a Shadow before this New Light and if he can't hold his Scepter in his Hand with the power of his Sword why they have Metamorphosed Him into a common Man and may pluck it out with theirs And truly the Peoples Politick In three several Places in Plowden they are made inseparable p. 234. 242. 213. Corps politick include le Corps natural Son Corps politick natural sont indivisible Ceux Deux Corps Sont en encorporate une Person Capacity is such they will soon make their Kings uncapable when once they are grown so strong in the Field as not to fear it Here was the Rise of that Rebellious reasoning that run all indispensable Obligation of our Obedience to the Prince into the Capricious and Arbitrary Conjecture of the People whose Title and Deposition must depend upon his own Demeanor and that to be decided according to the diversity of thought which in a discontented Vulgar deserves the better Epithet of Distraction The good King would have a Right to his Crown as long as his kind Subjects would be pleased to think so and we have more than once found their Politicks have too soon made them uncapable to Govern and then deposed and murdered their very Persons for the want of this their politick Capacity I am sorry to say and posterity will blush to hear that such Seditious and sophisticated reasoning obtained even to the making * Ed. 2. in whose time 't was first started Vid Lex Terrae Rich. 2. because by misdemeanours he had made himself uncapable Vide Trussel Three mighty Monarchs in a most miserable manner to miscarry and it appears still too plain in their Prints and those too Charactered in Royal Blood that they never left severing our late * Charles the 1st the Parliament declares because the King had not granted the Propositions i. e. deposed himself he could not Exercise the Duties of his place Answer of the Com. to the Scots Com. p. 20. and the Scots expound their preserving the Kings Person in the Covenant but as it related to the Kingdom i. e. in English if they please they may destroy him Soveraign's Person from his Crown till at last his Head too from his Shoulders I could not but with some passionate Digression reflect upon this pernicious Principle and so the best of it is I can be but pardonably impertinent but which I would apply pertinently to this Republicans and Parliamentary Proposition for their managing all State Affairs is one of the Consequences that may be drawn and which those Sycophants the Spencers did actually draw from this their damnable Doctrine for so they did conclude from it too as well they might That in default of him their Liege Lord his Lieges should be bound to govern the Affairs of State and what Newes now does this Devilish Democratick tellus us Why the very Doctrine of two damnable Parasites whom themselves have condemned for above two or three hundred years agon who to cover their own Treason as they then too call'd it committed against the People and that but in * Vid.
against whose more dangerous Sedition there was lately made special Provision by a particular ‖ Act for Regulating Corporations where they particularly swear they abhor the Trayterous Proposition of raising Arms by His Majesties Authority against His Person Oath Lastly to conclude the Confutation of this sad silly sort of Sophistry this Seditious Nonsense 't is shrowdly to be suspected that from the same sort of Sophisters fallacious Inferences was first insinuated that prejudicial Opinion I call it so because it looks like a Doctrine of some concerned party That Societies were not punishable in the next World for the Villanies they had committed in this That is the Members were not to suffer there for what they had acted in Relation to such a BODY here this Religious Absurdity has been Publisht by some Seditious Pens from the Press I wish I could say not imposed upon Loyal ones too both from that and the Pulpit for Errors especially when coloured with the bait of Interest tho first hatcht by the Brooders of all bad Principles till well examined may delude the very best I know it may be returned with some seeming Reason that Crimes committed here as a Member of a body politick can't well in Justice be laid to the Charge of any particular Person hereafter for upon the dissolution of the natural one the Relation to such a Community ceasing the Guilt and Crime contracted should dye too But the Judge of Heaven has declared he won't be mockt tho they thought those of the Land might How contentedly would some of the Regicides have given up the Ghost could they have pleaded to the Almighty their Innocence of the Royal Blood from the shedding it in Parliament But tho National Sins may require reasonably the sufferings of a Nation and no more than what for this very Sin our own has since suffered therefore to suggest the single Individual the singular Sinner shall escape with Impunity hereafter because not punisht here or that because several of them suffered here for that Martyrs Blood and the Treasons of an Vniversal Body seem'd to be punisht in as general Conflagration that therefore the Criminals have superseded their sufferings in Hell and may now dare Heaven for my part seems an Opinion as ridiculous as the Popish Purgatory and their being saved by a fantastick Fire 'T is almost an Irreligious excuse for all manner of Crimes and Immoralities the Constitutions Circumstances of Men being so various that I dare avow scarce any Villany but may be committed by Communities or the Politick Relation of the private Person to some publick Society In short such Law and such Divinity would make the worst of Rebels that is incorporated ones fear Hell no more than they would the Hangman and baffle the Devil as well as the Gibbet And I may well here so warmly condemn these sort of damnable Doctrines when they were so hotly maintained by the rankest of our Rebels and Republicans and this very Daemon this Devil of Sedition can only countenance his Rebellious Positions with the making use of His Majesties Authority for the Ratification of his Proposals that is the Destruction of his own Person For 't is a great Truth I wish I could not say an experimented one that the granting them these Regalia would not only be an Act to bereave him of his Crown and Dignity but would pass his very Person into the Donative a yielding up of his last Breath the making himself his own Executioner as well as a Betrayer of his Trust This Project is only the pernicious Principle improved the late Rebels falsely assumed His Authority for the Fighting against His Person but the prevailing upon him for these Destructive Grants would make Him truly Fight against Himself In all the Reigns of the three following Henries their Soveraign's Supremacy was still asserted and that over Parliaments too tho one of them was but an Usurper on the Crown and then I am sure as great an one upon their Privileges and tho themselves had placed the First in the Throne themselves also acknowledged * 1 H. 4. the Regality of the Crown of England to be Subject to none but God To the ‖ 2 H. 5. Cap. 6. Second they acknowledged that to Him only belonged the Management of Foreign Affairs with Foreign Princes To the †32. H. 6. 13. Plowden 334. Third that he could constitute County Palatines and grant any Regal Rights per Letters Patents And these were Matters and Affairs themselves then declared they could not pretend to tho this Gentleman would now have them or their Counsel manage all In Edward the Fourth and the Fifth's time 't was always received Law then made and should I hope hold still that State Affairs were to be manag'd by the Prince for it was then allowed for * 22. Ed. 4. Law That if all the Common People of England should break a League by agreement with any Foreign Nation it shall still be reputed firm and unviolated if without his consent And in his very ‖ 1 Edw. 5. fol. 2. Sons that Succeeded resolved by all the Judges and Serjeants that he was the only Person in the Kingdom that could do no wrong which sufficiently declares him above all them that could and then who so fit for all absolute Power in all publick Administrations than whom the very Law presumes always to do Right and whom Reason tells us must be most impartially concerned for the publick good having no dependance upon any Superiors from whom an Apprehension of Fear or hopes of Favour might prevail upon to degenerate into that servile and sordid Complyance to prefer his own private Interest before the publick good Whatever Presumption the Law had of it then I am sure they have a Prince that justifies the Supposition now and then the most ungrateful Paradox and against Sense it self for our Seditious Souls to suggest and insinuate his Real Intentions for their Good to be nothing but Design and Plot upon them for Ill. An ORDER of Council with such Sycophants is turned into a trick of Court And their Kings Proclamations are obeyed only because they cannot conveniently resist as if the whole Board was packt only to please a designing Prince But base Villains your selves know that his aims have ever been for the publick Peace and Prosperity even at the same time your dangerous disorders have made it almost inconsistant with his own safety and security You see your Soveraign Sit and Act in a Sphere and that only He where Favour cannot charm or Fear frown into Compliance And who can be supposed then besides him less prejudic'd or more concerned for your good Would you have your Gentlemen of the Shop and Yard take their Measures of the State too We have experimented already that those made the very Government a Trade also and by those your very Properties and Lives too would be bought and sold we too lately saw some Symptoms of that state
the Statute and the Law William Writ against Pryn too in one Page proves his King Supream in the other his Parliaments Supremacy the most Mutinous Member would needs be Loyal when it was to late and the most Malitious Miscreant at the Pen Publisht his Memento when his Money with his Membership was sequestred from his own Home as well as his self from the Parliaments House and then palliated it with a piece against his Majesties Murder I the more Liberally enlarge upon this because his party the Presbyter would appropriate to themselves from some of his Papers the Vindication of their King but what I am sure in sincerity was thâ—â— own Reâ—enge They the Scot and the Todpole Spawn of both that Independant made use of unanimously the Defence of their Prince for the Destruction of his Person and then the differing Daemagogues with the very same * Vid. Answer of our English Presbyter to the Scots Commissioners The Scots reply from their Camp at Newark The Members to the Army The Armies Answer to the Members The Scots Remonst to the Army The Armies reply Pretences strove to put upon each other that is both alike full of the same falshood both alike fancyed their own Integrity they seemed to Labor for the two sublimated Vices Hypocrisie and self-conceit whereof the one made them twice Villains the other double Fools And this Confounder of Paper as well as the People Publisht then ∥ the very same An. From 41. to 48. Pamphlets or waste Papers 125. Principles this strach't Republican has proposed now for new Politicks of State Pryn and Plato differ only in this one Labour'd to make Law speak Treason the other Sense Lastly were not the Parliament very tender of this last this present Princes Power and Prerogative when they enacted a new * Act for Regulating Corporations Oath to be taken by all in Office for the Renouncing the Trayterous Position of resisting his Majesty with his own Authority And this Rebellious Proposal of our Republican is to make even the Parliament it self to make use of his †Vid. Plat. Parl. of Commons begun with H. 3. within 400 y. Kings in Caesars time 1000 y. since Authority even for an Usurpation upon his Prerogative and when once they come to Manage that they may be sure they 'll be his Masters too and I hope 't is now in some Measure prov'd even in the several particulars I undertook should be so that our Monarchs had heretofore an absolute Management of Affairs without an Interfering of Parliaments which then had not so much as Being and which were since they had it never called as their very Writs express it but to ‖ Deliberaturi de arduis 4 Inst 2. p. consult that they never offer'd to set a Council over their King much less themselves as this * Plato popular Pedant calls it to Manage his Militia and demonstrated this as was designed from Prescription even beyond Chronicle from the Laws of every Reign and my little Light of Reason All the following Propositions are as much against Reason and Law for the third is that the Judges be nominated by Parliament which as it would divest the King of part of his Supremacy so it would make themselves in effect both Judges and party for those then their own Creatures would have the Exposition of those Laws which themselves had made The ‖ Cook 5. fol. 62. 9. Ed. 4. Cook 8. f. 145. Law allows all the Four Courts at Westminster to be all Courts by Prescription and then let them tell me to whom belongs the power of Electing those that are to preside in it to the Kings of England that can prescribe to their Government even from the very Britains before Caesar ever set Foot in it neer 1700 Years agon and with whom their Courts of Judicature were ever Coeval or the Constitution of a Parliament that first within this four hundred years could be said to have a Being and so that which themselves would now controul had a Priority even in time to their Existence for near 1300 Years It is called the Court of Kings Bench Let them name the Judges it must be no longer His but the Parliaments 'T is Rebellion in them to assume it for they must at the same time too take the Soveraignty the Supremacy and 't is that such Seditious Proposals must aim at and truly do for 't is expresly declared for ‖ 3 El. Dyer 187. Cook 4 Inst c. 7. p. 73. Law that the Justices of the Kings Bench have Supream Authority the King himself sits there in them as the Law intends if the Parliament can chuse their Kings Representatives they can their King too and make the most Hereditary Kingdom Elective before the Reign even of Edward the * Ibid. p. 74. First the Chief Justice of this Court was created by Letters Patent 't is out ever was and will be out of the Parliaments power to create per Patents even a petty Constable 't is the King alone that by these his †32. H. 6. 13. Letters can constitute Courts and grant all Regal Rights He can erect a ‖ Plowden 334. Court of Common pleas in what part of the Kingdom he pleases and shall he that has a power over the very being of the Court not be able to place his Ministers of Justice in it The Chancery is a Court of such Antiquity that long before the Conquest we have several accounts of it tho some that were * Pollid Virg. Foreign to our Laws as well as Land would make it commence with the Conqueror Our very †4 Inst 6. 8. ibid. British Kings are said to have had such a Court and Ethelred the Saxon granted the * Mirror c. 1. §. 12. Fleta l. 12. c. 1. Glanvil l. 12. c. 1. and all the most ancient Lawyers speak of it Chancellorship even in Succession I need not it would be Nonsense to design to prove Parliaments had nothing to do with such Affairs so long before they themselves exsisted and in this Monument of Antiquity fam'd for the Distribution of the most Equal Justice since they cannot pretend without shame to the power of Electing such an Antient Officer of the Crown why what they can't presume to mend must Plato be quite Marr'd and utterly Abolisht Pryn himself could never pretend that this Great Officer was the Peoples tho that popular piece of Absurdity might have prov'd it too as well he did the rest from the paradox of all our Princes being Elected which tho allow'd them from their perverted Histories yet still those whom they say were Chosen had the Liberty of Chusing their own Ministers sure they can't have the least shadow for such a silly Conjecture therefore this ‖ Pâ—yn's Parl. right to elect great Officers and Judges Sophister having just so much sense as to conceive from the begging one false Principle the most Damnable
Nation it self shewed afterward against that Apostolical Order he told the People plainly they must Murder all the Bishops And in his canting Phraseology * Vid. Leighton's Sions Plea Printed 1636. Smite them under the fifth Rib. 'T is true the Government of Church and State stood yet so strong upon its Basis tho shaken with an undermining Plot that it dared to punish such an Execrable Villain with the Pillory and sentenced he was in the Star-Chamber to be stigmatised cropt and slit and tho the Parliament had not openly declared themselves against this good Government of the Church yet they had shown such Symptoms of their Disaffection to it that this Impudent Libeller could presume to make them his Patrons and present them with his Plea And I ha'n't found in all their Journal any Order for so much as the censuring him for such a piece of Presumption To exclude the Bishops from Voting in their Assembly the Confederates of Scotland drew up a Libel against them one in the Literal Sense full of Scandal and Reproaches But the denying them there their Rights in Parliament was soon seconded with the Robbing them of all too they had in the Church whom they had excluded they soon Excommunicated and then abolisht utterly the sacred Order so did also within two years after the good Parliament of England begin with the Prelacy too Pennington with his packt Petition of Prentices presented to them their Abhorrence of that Hierarchy the cunning and counterfeit Commons that House of Hypocrisie seemed a little dissatisfyed with an Alteration of the Church Government it self that is they did not care to pluck it up presently Root and Branch but fell upon another Argument somewhat more plausible tho to the Zealots less pleasing but what in truth was but Introductory to the same thing they more deliberately designed that they might proceed somewhat like Senators soberly to Sedition and that was about the Synod and Convocation Canons and Constitutions Ecclesiastical which they soon resolved to be against the Fundamental Laws of the Land But these Lay-Members were only mighty loth the Clergy should here have their Representatives as well as the Laick they must otherwise have seen that such a Resolution would upbraid them to their Faces with a Lye for this their Court of Convocation was as much founded upon Law and more too perhaps than even that of the Commons themselves who with their inconsistent Votes with Contradiction it self condemned it Exclude the Clergy and the very Foundations of your House must fall Did not former times allow you Representatives that every one might have an Hand in the Composition of that which he had an Obligation to obey Banish the Bishops your Assembly and tell me by what Proxies the Church shall be represented and what shall tye her to the Observation of those Laws to whose Constitution she gives no consent For a Thousand Years before they had a being there were such * Beda tells us Augustine the Monk called one of the Britain Bishops An. Dom. 686. King Ina's a Convocation of Cletgy An. Dom. 727. of the Saxons Synods Assembled never called but by the King 's Writ and they have no other Authority for their own Sitting and might as well have Voted that their own Assembly as indeed it was afterward was ‖ The very Words of their Vote against the Cannons Vid. Journal against the Fundamental Laws of the Realm Prerogative of the King Property of the Subject Right of Parliament and did tend to Faction and Sedition And tho those Canons and Constitutions were streightned and limited in Henry the †Register F. N. B. 4. Inst p. 322. c. 71. Eight's Time and it was provided that none for the future that had not the Royal Assent should be put in Execution yet such Reverence and Respect had the Parliament of those Times which I think was made up of a better sort of Reformers than what past their suffrages for the setting aside this Synod that not withstanding that Limitation they put in an express Proviso * Vid. 25. H. 8. for their Antiquity See Bracton l. 3. f. 123. Hol 303. 6 H. 3. Rot. p. 18. Ed. 3. that such Canons as were made before that Act so long as they did not contradict Law should be still in force after and this was at a time too when they were so far from being the Bigots of Rome that they were reforming from Her and acknowledged their Kings Supremacy even in ‖ 26 H. 8. c. 8. several of those Convocations tho whatever Religion they were of Common Reason cannot make it a Crime the countenancing of the Churches Right but these Violators of her Priviledges soon discovered their Design upon her Patrimony too for in the same Session and that soon after they that thus set aside the Churches Synod sent up an Impeachment of Treason against its Metropolitan and that by the Hands of a mighty famous Member whom his Majesty could have made appear and within a year after did demand as a greater Criminal too one who if I mistake not liv'd so long and so lately to prosecute the Bishops once more in their †His Discourse of Peerage London 1679. which Hunt himself could oppose Peerage as well as Persons But having gone so far what they had scribbl'd down before with their Libels they soon damn'd with a Vote And in the same Year past that Bill that their Spiritual Lordships should have no suffrages in the Senate of Lords And when they were come to this once to deprive them of their prescrib'd Privileges and their Legal Rights to send twelve of them to the Tower only because they would not tamely forego the very Church's Birth-right but entered a * they sent Glyn upon the resentment the Lords had taken against it too to accuse them of no less than High-treason for which they were committed for four months Vid. Bak p. 515. An. 1641. Protestation only against the betraying of their Trust you might think their Order it self tho never so Primitive never so much Apostolical was not like to be long liv'd for in the very next Year tho it was the good Kings giving one when Star-Chamber was abolisht the High-Commission put down Ship-Money relinquisht with six or seven several Acts besides for disclaiming Priviledges still his Seditious Subjects 1642. According ly done in the next year Ordinance 12 of June Vid. Scob. Col. p. 42. had so little Sense of his Goodness that even in that very season of Grace a †Bill was brought in for Abolishing this sacred Order Root and Branch 't is true 't was then husht up in the House the provident Patriots understood how to time it better they had not yet come to covenanting and concluded with the Kirk but as soon as they had framed their Holy League ‖ Mildmay's Oath taken 15. of June 43. Scob. Col. page 42. in Imitation of the Scots solemn one which they
ensued a discovered Assassination of their Soveraign and was there no danger of a Parliament no sign of a Protestant Plot Only because the King did not leave Whitehall and go down to Hampton Court because there was no Essex in the Field as well as the Plot no King secured at Oxford as well as in the Isle of Wight that there was no High-Court erected at Westminster but only a better expedient found out at the Rye If these are Arguments to render an House of Commons unsuspected and a Plot of the Protestants unimaginable if because here are perfect Parallels of Proceedings as even as if drawn with a Compass Mathematical and which according to their proper Definition I could draw to infinity yet still there must be presumed a great Disparity between the Subversion of the Government that was actually compast and the Destruction of it now that was so lately intended If there be the least Difference between what led to the last setting up an Usurper an Arch-Rebel in the Throne and these late Machinations of Hell to retrieve the same Usurpation bating but the Providence that interposed against its Accomplishment Then will I own what this Villanous Author will have taken for granted That those that have the least Suspicion of any sort of Parliaments are the greatest Villains that a Plot of Protestants proved by Confession is still a Paradox and that my self deserve what he has merited a PILLORY The Pages that he spends in declaiming against trifling Wit supersedes all answer and Animadversion which himself has prevented in being Impertinently Witty upon the very thing he condemns The stress of his Ingenuity is even strained in the very declaiming against it And Settle has not so much answer'd Himself as Hunt here his own Harangue That Gentleman sate down a while for his second Thoughts but this preposterous Prigg sets himself in his own glass at the same time a Contradiction to his own Writings His * pag. 39. Observations upon the perjuries as he calls them of the Popish Priests that dy'd is so severe that the absolute Argument of their Guilt is drawn from their very denial and their equivocations he suspects from those very dispensations they renounc'd to dying words certainly such an inhumanity is hard which unless he had reveal'd Assurance by Christians must be blamed I confess there is not a Criminal of our latter Conspiracy I will declare Guilty beyond his own Confession and then there is not one that dyed but whom I can well think Guilty His next †pag. 59. Observation that is worth Ours Is that upon the Legislative Power and there he makes each of the two Houses to have as much of it as the King and that I deny with better Reason than he can assert that the two Houses are concurrent in their Assents that Bills be preferr'd to be made Laws I 'll willingly grant 't is my Interest 't is my Birth-Right But that which I look upon to be truly Legislative is the Sanction of the Law and that still lies in the breast of our Sovereign If Mr. Hunt that in many places is truly Pedantick will rub up his Priscian the Grammatical Etymology will make it but Legem ferre and then I believe his House of Commons will be most Legislative 't is their Duty their Privilege rather to bring and offer up all Bills fit for Laws and the King still I hope will have his Negative in passing them the Commons pray petition to have them past and that implies a consent Superiour to be required that can absolutely refuse ‖ Vid. quel Impositions le Roy poit grant sans Parlm Roll. Abr. 171. Le Roy poit Charge le sujet lo◠per benefit del Sujet sans Parl. 1. H. 4. 14. Roll. 2d Abr. 171. Les Commons Priont was wont to be a Form Croke 2d part 37. the King can with out Parliament charge the Subject where 't is thought for their Benefit and allowed to dispence with a Statute that concerns his own resolv'd by all the Justices the King by himself might make Orders and Laws for the regulating Church Government in the Clergy and deprive them if they did not obey 22. Ed. 3. says the King makes the Laws by the Assent of the Lords and Commons and so in truth does every Act that is made and every clause in it * Bract. Lib. 1. C. 2. Bracton says the Laws of England by the Kings Authority enjoyn a thing to be done or forbid the doing These are Arguments that our King sure has somewhat more than a bare Concurrence in the Legislative If not he must be co-ordinate and then we have three Kings which is what they would have and then as well may three hundred I love my Liberty better than our Author who has forfeited his yet I remember when too much freedom made us all Slaves The Extent of the Legislative Power is great but then I hope 't is no greater than the King shall be graciously pleased to grant it shall extend And then I hope it must be allowed that Equity and Justice must always determine the Royal Sanction too which cannot of it self make all things Equal and Just should it stamp a Le Roy vult at the same time upon Acts inconsistent and contradictory upon such as were against the Law of Nature and all Reason such would be de facto void 'T is hard to be imagined such Error and Ignorance in so wise an Assembly but what has but bare possibility in Argument must still be supposed but that it has actually been done will I prove possitively and not with some of their illogical Inferrences suggest that a thing must be so only from a bare possibility of Being Be it therefore enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament Assembled 't was then first those that were by special Act since declared Traytors made their King * Lords Spiritual Lords Temporal and Com. the three Estates Cook 4. Inst of Par. the very first Leaf and Line and won't they believe their own Oracle co-ordinate assumed to themselves so much of the Legislative that they left out the Fundamental form by and with the consent of the Lords Spiritual and Temporal and Commons that the said Earl of ‖ Strafford's Bill of Attainder Strafford be adjudged and attainted of high Treason provided that no Judge or Judges shall adjudge or interpret any Act or thing to be Treason then as he or they should or ought to have done before the making of this Act as if this Act had never been made This piece of Paradox the Contradiction to Common Law Common Sense and Reason had all the Consents all the Concurrences that could if possible have made it truly Law and even his unhappy Majesties forc'd extorted Complyance But will any Creature that is barely distinguish'd from a Brute that can only offer at the mere privilege of his
King by this Clause is obliged to pass all Bills that shall be brought why truly then he Swears with an implicite Faith to Repeal all the Laws if the People please for the bare possibility in such a sort of Argumentation may be supposed and we as well imagine for my Lord Coke tells us we have had ‖ Vid. 3. Inst his Parliamentum insanum Mad Parliaments such a Senate may prefer Bills for the Repealing all the Old Laws as well as for the passing any single New and I am sure 't is no more than what has actually been done in * Car. 1. An. Parl. 41. one since that Learned Lawyer lived even to the Subversion of ‖ Vid. their 19. propositions all the Statutes of the Land so that this positive Oath in their sense may Labour under an implicite contradiction for while he swears in the latter Clause to confirm all the Bills they shall bring It may be extended to cancel all Custom and Common-Law he is in the former sworn to defend Mr. Hunt's General Desire of the People may be for the Repealing the 35th of Edward as well as that of Elizabeth and leave no Law in the Land to punish Treason as well as Recusants only that they may commit it with impunity for one of those Bills has †Regn. Car. 1. Car. 2. twice been brought into the House and both may be to save their Bacon And should the King with their Elegerit be obliged especially so mild an one with an anticipated Mercy to Pardon Villains for the cutting of his Throat and leave no Law to punish perhaps a Rumbold or the Russians at the Rye certainly were his Right not in the least Divine this would contradict all Sense and Reason Suppose Richard the Second took this Oath as well as the rest of his Successors since and afterwards the general desire of his Parliament we all know was that he would depose himself Senseless Sots was that King sworn too even in his Coronation to confirm his own Deposition In short must not this senseless Suggestion put upon the Royal Authority the greatest absurdity against all Sense and Reason must it not make him swear to confirm those Laws that have not so much as BEING and that before he knows whether they will be good or bad Is it not Resolved and that upon Record in the King's Exchequer where the Words run with some Signification That the King keep the Laws and Customes which the Lords and Commons HAVE chosen c But grant them their own Sense that is Silliness That Oath these Malignants of our Monarchy object was made first for an * 1. H. 4. absolute Usurper that came to the Crown by the Suffrages of such a Seditious Senate not much Inferior in Villainy to the late long Parliament that labored so much in this business of the Legislative or rather less Villains only in deposing a King whom the latter Murdered and why a Lawful King should be bound by that Oath did the Laws oblige him to take it which was first offered to an Vsurper I cannot apprehend That aspiring Prince swore too in his Coronation that he held his Crown by the Sole Consent of the People shall our present Soveraign do the same whom the * 1. Jacob. Statutes acknowledge to hold from none but God But do not in that very Oath the Words they so much labor in confute them also in my poor Reason beyond reply is not Leges the Word Laws expresly used that it is Laws that the King swears to Confirm Corroborate Maintain and Protect And were the Commons ever allowed or presumed without a Rebellion to Elect LAWS There is not the least of a Bill mentioned in that Oath and sure they 'll offer to elect no more and in Gods Name let them chuse to send up as many of those as they please And sure then these Leges here must relate to those that are really so and have had the Royal Sanction already so that they must be reduced to this Dilemna If they 'll apply their Vulgus elegerit to the Lower House 't is certain they can make no Laws if to that of the Lords 't is as certain they can't be called Vulgus Lastly Laborious Drudges of Sedition let but these Laws ye long to subvert while you 'd seem to defend decide betwixt you and your King Is it not established by * 2. H. 5. 1. Jacob. 1. 1. Car. 1. c. 7. Statute it self that the King hath absolute power to Dissent to any Bill though agreed upon by both Houses But yet in spight of all this Reason and Law they tell us that the King cannot deny to pass any Bills for the publick good and which perhaps never can a good King for his Refusal of his Royal Sanction determines their Goodness and they cease to be necessary when the King thinks there is no need of them for if upon this their presumptive Goodness and the Prince as it is his undoubted Prerogative to do denying his Assent the People should presume they could with their Legislative because their King is refractory as they would call it pass some Bills into Law from their Assurance of their being good that power wou'd enable them to make bad ones too and allow their two Houses to Judge when to make but one Law they are as good Judges to make one thousand or as many as they please and no end of such a distracted Usurpation and that we saw when they began with that Ordinance for the Militia which was the first thing they presumed to make Law from their Kings as their Seditious absurd Phraseology would word it Refractory refusing i. e. that courageously maintaining his just Right when they had thus once broke the Damm no wonder if the deluge of an absolute Rebellion overwhelmed for upon the same ground the Lords might have Excluded both King and Commons for not concurring with them in what Bills and Acts they thought good and the Commons as * Vid. Hist Independeny pag. 115. 17. March 48. Scob. Coll. pâ—g 7 8. indeed they did both King and Lords for being obstinate to such BILLS as themselves had offered But yet notwithstanding the Kings Refractoriness as our Republican Phrases it is now trumpt up again for the warranting the Peoples assuming as they would have it a sort of necessitated Power and that of calling themselves to Parliament for this the * Postscr page 8. Lawyer in his Postscript Labors with his Innuendo's For this ‖ Plat. page 109. Plato tells us the Barons did well to put on their Armour that it is an Omission that ruins the very Foundations of Government and Hunt will not have them so much as discontinued for it renders such Conventions illusory Seditious Sycophants Your selves know this power of their Discontinuance and Dissolution is the best security the Crown has for its support Was it not miserably rent and torn from the Head
made or not Queen Mary must have Succeeded by Proximity of Blood as next Heir after her Brother And 't was that inherent and unalterable Right that made the Nation the more Zealous in her Cause tho there were enough too as Warm for her Religion he very well knows how that Will was extorted from a weak and dying Prince by the Powerful Importunities of Northumberland for the sake of Jane the Eldest of the House of Suffolk whom one of his younger Sons had Marry'd he knows nothing but self Interest and Ambition promoted it he may Read that both the Learned in the * Sir James Hales Judge Court Com. Pleas Sir John Baker Chancel Excheq Vid. Baker pag. 311. Law and as emiment of the ‖ Goodwin in Vitâ Mariae Divines were against it Bishop Goodwin tells us of Cranmer himself present that he opposed it and that for the same Reasons all good Subjects do now because he thought no pretence of Religion could warrant an excluding the Right Heir This was the Sense of a Protestant so Zealous that he afterward suffer'd for it but the power of the great Northumberland prevailed with him at last for his Consent of which himself afterwards heartily repented to the Queen tells her he never liked it that nothing griev'd him more and that he wish't he could have hinder'd it And the ill success that Attempt had is alone sufficient one would think to discourage such another 'T is strange that the very thing that has once brought a Calamitons War upon the Kingdom that in this very Instance terminated in the Confusion of all the Attempters brought Northumberland to be Executed and to Penitence too for having offended and poor Lady Jane as her self said to suffer justly only for accepting of a Crown so unjustly offer'd 'T is Prodigious that such contradictory Mediums should be urged for countenanceing a thing to which they are so much repugnant Did not a Parliament here of Protestants declare for a Popish Successor and as Bishop Goodwin says the Suffolk men set her up tho they knew her a Papist Did not a Popish Parliament after her death declare for Queen Elizabeth tho they knew her a Protestant and were not in all these sudden Revolutions the Right Heirs still preferr'd notwithstanding their Religion was not the same that was profess'd how then can men that offer at such a piece of Injustice touch upon those times for the Justifying so much wrong where they see that under the same Circumstances they still asserted their Princes Right The next pretty Notion of this Ecclesiastical novice in the Law that we shall now pass our Notes upon is a quaint conceit relating to our Oath of Allegiance what it's form was of old and what he would have implyed in the word HEIR therein mentioned to whom we Julian p. 19 20. 11. swear and here at the same time that he would deliver the poor people as he pretends from the sad delusions of Error and Sophistry does he put upon them the greatest Falsehood and fallacy and the quaintest Sophism a Quirk in Law viz. That the King 's Heir in possibility cannot be meant in our Oath of Allegiance because 't is a Maxim forsooth in our Law * Non est Haeres Viventis that no Man can have an Heir while he is living And with this silly Solaecism a sort of Sense merely Sophisticated this Elaborate Gospeller in the Law lays himself out in the pains of two or three Pages to prove the prettiest Postulate which we would have granted but for an asking that in this our Oath we did not swear Actually Allegiance to the D. of Y. And truly I am much of his opinion too in that point and that he was not then our Soveraign tho he had a possibility to Succeed But can ever a more Senseless Inference be made by a pretender to Sense or a more Jesuitical Evasion by the most dexterous Manager of an Oath First I would ask him what he thinkâ— was the Design of its first Imposition what was the Reason of Inserting including the Kings Heirs and Successors it those Oaths of SVPREMACY and ALLEGIANCE Was it to perpetuate or acknowledge an Hereditary Succession or to warrant an Exclusion of the Right Heirs Did the Parliament design in the framing them the Lineal Discent of the Crown when they Swear to defend the Authority of the Kings Lawful Successor as well as his own or did they then reserve to themselves a power of declaring who should be his Successors by Law But if the Divine Gentleman would have reason'd pertinently and to the purpose tho it would have been but an absurd sort of Reasoning this he must have inferr'd that because we there swear only to be faithful to the Kings Heirs when they come to Succeed therefore this Oath non Obstante we are left at Liberty to prevent any Heir from his Succession and then I would have this Political Casuist tell me What would be the Difference between this Evasion and a direct Perjury for we swear to be faithful to the King's Heir that shall Succeed him and truly in the mean while we make them our own suffer only whom we please or â—ust none at all to Succeed for by the same Law Equity and Reason that we interrupt the Succession of one we may that of one thousand too and still be true to our Oath * And even that is allow'd by Hunt in his Postscript pag. 74. if we abolisht the whole Line of Succession for then those Juglers with a turn of hand and a Presto will tell us very readily why truly we swore to obey his Majesties Heirs and Successors but must needs be absolved now since there are none that do succeed And such were the Casuistical Expositions of some of our Late Divine Assemblies even in this very point when they had Murdered their Prince and denounced Death Vid. Vote of the house in the Journal 1648. to His Heirs and were urged with their Allegiance But is not this first Perjuring themselves to Commit a Crime and then justifieing its Commission by their being Perjur'd May we not as well Murder one that would be the Successor and then plead our Innocence we did not suffer him to Succeed or truly did they not design such an Impious and Execrable countenancing of the Villany when they Associated for his Destruction and swore to destroy him would not they then too have Absolved themselves thus in Johnson's Sense and the Jesuits from any obligation to this his Majesties Heir because the Law Maxim did not yet allow him to be so and they had helpt him now from being so for ever Will a Nice point of this his Law resolve does he think as tender a Case of Conscience This his Law makes it but Manslaughter where a person is kill'd without Malice Propense but will this be no shedding of Blood to be required at his hands by the Judge of
Heaven because he had his Clergy allowed here upon Earth can he Prescribe with the Laws of the Land to impunity from the Decalogue and tell the Almighty some Killing is mâ— Murder Here his God his Saviour is invoked in a Solemn and Sacred Oath upon the Gospel and one that should be a Divine Expositor of both consults upon it the Readings of Mr. Hunt and a Resolution of the Common Law here he Swears to the Vid. Form of Oath of Allegiance and Supremacy plain meaning of the Words without any Mental Reservation whatsoever and yet thâ—â— Mungrel in Divinity means now to taken in his mind according to a ereiv'd Maxim in the Law And this Libeller of the Primitive Christians looks like an Apostate that was as Primitive who kept pointing to the papers he put upon his Breast while he was Swearing to others that he held in his hand But yet I dare Appeal even to his own Breast who without doubt had often taken these Oaths being graduated in an University and Ordain'd a Divine tho unworthy of both whether the Words Heirs and Successors were not understood by himself of such as were to Succeed by an Hereditary Right by Birth and Blood to the Crown and whether that he did then Reserve to himself only such as did Actually succeed by Consent of Parliament and whether he did not think that by them he was not only obliged to obey those Heirs when they came to the Crown but also to do all that in him lay to promote in the due time their coming to wear it certainly to confine their Sense only to those that shall de facto succeed is but Swearing an Implyed Allegiance to any Rebel or Vsurper and the word Lawful that still accompanys Successors will not mend the Matter with such men for all is presently Legal and just with them that has but the shadow of a Parliamentary power for it's pretence And I am well assured That those that would have thought such an Exclusion just and equal with their King 's passing it would have thought it as Legal could they have sate till they had made it pass without The good old King at first disputed his Militia as hard with them and who could have believed any sort of men could have thought it the Parliament's without his Consent But assoon as the Rebel House had made their Ordinance for the Seizing it which of those Miscreants did not think it as much Law And the more than probable project at Oxford shrewdly Insinuates they would have warranted an EXCLVSION without their Kings leave Legal had they been allo'w but a further progress in their ‖ Vid. King's Speech to the Parliament there Vnwarrantable Proceedings But as much as Mr. Johnson Triumph 's with this his Maxim of the Law * Julian pag. 19 20. as if he were the first Divine that had discover'd this deceitful Evasion this Jesuitical interpretation of his Protestant Oath Tho he and his Hunt and all his Lawyers in the Hall should tell us Ten Thousand times of this Seditious sort of Construction this Senseless Sophistry upon the plain word Heir as well as he Page 19. says they do an Hundred still all their Noise and Nonsense about Presumptive Apparent Actual possible will be nothing more than what the late Rebels that had Actually Murder'd the best of Monarchs made their defence to Justifie Treason and Sacrilege it self so that all this Divine's Sophistry savours not only of Nonsense and Sedition but of an old odious rank Rebellion and for to satisfie him that the Suggestion is serious and founded upon Matter of Fact if he can find among all his Seditious Papers he has habituated himself to peruse and what if he pleases I can lond him for his perusal such an old obsolete piece as was publisht after they had Butcher'd the best of Kings * A Treatise perswading Obedience in Lawful things to Authority tho unlawful Printed London about 1649 Ibid. wherein they endeavour'd to persuade the people to be subject to their Tyrannous Usurpation there will he find the very two Pages that he spends to promote the Quaint Conceptions of his Noddle about nothing or what is worse Faction and Folly for tho he tells us these tales Fifteen Hundred times over they told us so much for Forty years agon and that to satisfie Tender and Malignant Consciences that there lay no Obligation from their Oath of Allegiance upon them to adhere to the right Heirs of Charles Stewart because that those Branches Page 10. of the Oath which the Providence of Ibid. God had made Impossible to be observed must be lay'd aside and then they go on to shew that Heirs and Successors must Page 12. be taken Copulatively and so the word Heirs must be meant only of those that do Actually succeed But the Providence of God * Vid. Also a Religious Demurrer about submission to the present Power Printed London 1649. as they call'd it having kept the Heir of Charles Stewart from succeeding his Father had made say they that part of the Oath Impossible to be Observ'd and so the power must now be Obey'd Actively in what hands soever it be Seditious Soul 'T is too much to be Senseless too Consider but upon this Occasion a Case your self have * Julian pag. 12. Cited 't is that of the Lady Jane Did not the Laws adjudge it Treason in that poor imposed Princess for endeavouring to hinder the True Heir from being the Actual Successor and to say Queen Anno Mariae 1. Mary was then already Succeeded will not salve the Matter for it was resolv'd Treason too in her Father Northumberland his Contrivance of the Will for the Queens Exclusion which confirm'd as it was by the Privy-Council was as much an Act of State as the Bill by which our present Heir was to be Excluded and then what they did was but in pursuance of that Will after Edward's Death and as the Duke told Arundel that Arrested him that he had Acted only by the Council and Commission of King Edward Yet all was adjudg'd a defence Insufficient and I cannot see why the same Law would not have made those Traytors had the Bill past that rebell'd upon pretence of such an Act of Parliament as well as it did others that resisted upon the pretext of a Will Confirm'd in Council and which * themselves would Julian p. 12. have a sort of Exclusion and is almost as much an Act of state 'T is strange that men that would be thought so mighty Rational should not only argue against the known Rules in all Logick but against the very Inferences of Common Reason a man of Ordinary Sense without the help of his Hereboord will allow that any Vniversal and General Assertion in includes all Particulars And shall vve vvhen vve svvear Faith and Obedience to the Kings Heirs and Successors Generally Reserve an Exception of such whom the
Religion then be made so Rebellious only because there were those that could revile their Prince and his perswasion that could call their Julian Goats beard Bull-burner Impious pag. 33. 38. Apostate and Atheist Why then this Gentleman himself may infer that the Protestant we profess is as Rebelliously inclin'd and that because some Seduced Souls were not long since so much possest with Sedition as to Rebel Exclusion against the Succession because a poor Perjur'd wretch could call his Soveraign †Vid Oats Inquiry B. R. Dog Devil and Traytor because M. I. himself suffers now a deserv'd Imprisonment for representing now his own most Christian King for * Jul. ten times as great a Persecutor as the worst of the Pagan Emperors or because Protestant Subjects actual Rebels and in Arms against their Soveraign with an Arch-Traytor Attainted long since legally have publisht in his Manifesto'es of a Declar'd Rebellion that their Liege Lord by the Laws of God and Man that is Seated in the Throne of his Ancestors by the Protection and Providence of God tho so much endeavour'd to be Destroy'd and Excluded by the Plots and Practices of these Devils and that because such Rebel Subjects have declared this their undoubted and Merciful Soveraign an Vsurper and a Tyrant Our Vid. Argile's Declaration his Majesties first Speech Protestant Religion I say by the same reason may suffer for the sake of those Seditious Souls themselves from several of their own examples of a Rebellious resistance as well as in their Arguments that traduce the Principles and Practices of the Primitive Christian The very Rebel Books that are so much Consulted by our Asserters of a Common-wealth and the Favourers of a Republick because they make a Monarch so Mean and Contemptible even those have largely treated of the same Subject that Mr. Johnson thinks he himself has only so Notably handl'd The Author of the Rights of Magistrates De jure magist p. 94. Quaest 10. makes it most of the matter of his pernicious piece in the last Question which he proposes which is in these words Whether those that are to suffer for their Religion can resist that Prince that opposes the true Religion I confess he with abundance of Foreign Impertinence tells us of Princes being bound to maintain the true Religion a thing that no one ever doubted but then I doubt whether every Prince would not believe his Religion to be most true but when he comes to the Question whether the Subject can resist if the Soveraign design for them a false then he comes to our Mr. Johns Resolution of the Case of a Religion Jul. p. 7. Establisht by Law the point in which he deluded unhappily his Patron the late Lord Russel then he tells us the Edictis Legitimis Rogatis p. 101. Publicum Religionis Christanae exercitum quispiam eorum nunquam concesserat p. 101. same Triumphant notion and discovery in which this Divine was so much exalted that the Roman Emperors had never allow'd the Christian Religion any publick exercise But yet this very work which some would have a Catholiques but which I can hardly believe from his Brutish rage that he shows in his railing against that Church whom in several places he is pleas'd to call * Romanâ meretrico Sanguinariâ p. 98 99. beast whore and Bloody Harlot that it sounds too much like the Language of the Disciplinarians of those times which were nothing else but what we now call the Fanaticks of our own yet this very piece sufficiently pernitious by both parties disown'd and discommended wont allow them to resist the Soveraign when he alters the Religion only by the same Authority by which it was Establisht Ut illi non fas sit cam pro arbitrio suo sine causae Cognitione abrogare sed eadem Authoritate tantum inter cedecente quâ abinitio sancita fuit pag. 100. page 18. That Author laughs too as well as Julian at the Martyrdom of the Thebaean Legion but then alone calls him a Tyrant when he would abrogate it by his own Arbitrary Power whereas our Julian is a Bar beyond the best of their Advocates and would have had us resisted before we had known whether our Religion was to be alter'd by Law or without it whether it was to receive any Alteration at all or whether the Prince they so much Libel'd would have come to be capable as a King to Subvert or defend it for the Bill which this Libeller whom the very Law has made since so and a Court of Justice would have so necessary to be past by the same Reason that we use Remedies against the Plague that was only a Resistance of the present Authority in an Altering the Discent of the Crown which their own Laws Declare unalterable and that only by providing against Contingencies that might never have happen'd which is a sign that they aim'd only at the Succession it self more than any danger that they fear'd from it because the Successor might be supposed at the worst possible and perhaps willing to preserve to them their Religion which they so vainly fear to lose as well as he has since ratified it with his Royal word and at the present is the Defender of our Faith too as a King as well as he had often promis'd before he was so and Mr. Julian might have spared his Plaguy Metaphor of his Pitch and Tarbox till he felt more fumes of an infected Air and some better symptons of the Plague for while their is nothing but Cypher to that Disease in the Weekly-Bill the people would take this Doctor for a Mad-man should he run about the Streets with his Antipestilentials his * Jul. p. 5. Fires and his Fumes But yet in this his own Case had our Author oblig'd himself but upon a great penalty not to use his preparation of Pitch and Tar to prevent the distemper I fancy he would run the risk of an Infection rather then have than forfeited the Condition And I should think an Oath taken to be true to the Crowns Heir should oblige as much prevail upon his Soul as well not to use such means and methods as would make him forsworn tho it were for the prevention of an ascertain'd danger And I cannot see how such a Bill that dissolv'd the very band of our Allegiance could be call'd any thing less then an Act of Parliament for a Statutable Perjury for none but a Johnson or a Jesuit will allow that the same Lawful Authority that impos'd an Oath to be taken can command its violation after it is took and that sticks so much at present with some of our moderate Covenanters that they cannot think themselves by special Act of their Lawful King absolved from an Oath of Rebellion administer'd by none but Rebels and Usurpers And tho this Gentlemans Oracle of the Law was pleas'd to call them but Protestant Oaths I might as well tell
runs all in the sole Wil of the King Charter it self their Act of Liberty they so much Labour in that not the meanest Subject can be Try'd or Judg'd unless it be by his Peers Equals much less so mighty a Monarch that has none and a Fortiori then with lesser Reason by those that are his own Subjects so far from being his Peers or Equals that they are together his Inferiors which has made me think many times these preposterous Asserters of so much Nonsense these Seditious Defenders of those Liberties they never understood did apprehend by the word Pares in the Law not the common Acceptation of it in the Latin but only the abused Application of it of our own English only to our House of Lords And conclude the King might be Judg'd by those we commonly call PEERS because they sit in that Honorable House and at the same to be Judg'd according to Magna Charta that all Judgements be per pares But does not each Dunce and every Dolt understand that the very Letter of the Law looks after this only that every Person be tryed at the least by those that are of his own Condition and that in the Legal Acceptation of the Word every Commoner of the Lower House nay every one of their Electors is as much a Peer as the greatest Person of the House of Lords In short they must put some such silly Seditious Exposition upon the plainest Letter when they pretend to Judge their King or else from the very Law of their own Liberty they labor in allow that their King has no Judges In that Act against Appeals that was enacted in the time of Henry the 8th 24. H. 8. c. 12. the very Parliament upon whom the People and even these Republicans so much depend tells us even in the very Letter of that Law That it is Manifest from Authentick History and Chronicle That the Realm of England is an Empire That its Crown is an Imperial one That therefore their King is furnish'd by the goodness of Almighty God with an intire Power and Prerogative to render and yield Justice to all manner of Folk in all Causes and Contentions This by solemn Act is declared of their King this Excludes the People from Judging of themselves much more their Soveraigns This the Resolution of a popular Parliament they would make even the Supream and this by them resolved even in Opposition to that Popery these Panick Fools so much and so vainly fear Do not the Books the best Declarations of the Law let us understand that which they against the Resolutions of all the Law it self would so foolishly maintain that it was resolved in Edward the 4th's time That the King cannot be said to do any wrong and then surely can't be Judg'd by his very People for doing it when impossible to be done and was not this the Sense of †Vid. 1. Ed. 5. fol. 2. all the Judges and Serjeants of the time to whose Opinion it was submitted was it not upon the same Reason a Resolution of Si Le Roy moy disseisit pur ceo que Le Roy en le ley ne poit moy disseisir il né serrá appell disseisor mes jeo sue mis a petition à Roy. 4. Ed. 4. 25. 13. the Law in Edward the 4th's time that because the Soveraign could not be said to injure any Subject therefore the Law never looks upon him as a disseisor a disposesser of any Man 's Right and all the remedy it will allow you is only Plaint and Petition Does not my Lord Coke himself that in several places is none of the greatest Assertor of the Right of the Soveraign fairly tell us * Coke Comon West 1. 2. Inst p. 158. least it should be vainly fear'd they should reflect upon the King 's own Misgovernment all the fault should rest upon the Officers and Ministers of his Justice Does it not appear from the ‖ Stat. to pursue suggestious 37. E. 3. c. 18. 38. Ed. 3. c. 9. Statutes of Edward the third that notwithstanding the strict Provision of the Charter for the Tryal by Peers that the King was still look'd upon as a Judge with his Council and Officers to receive Plaints and decide Suggestions and tho that and the subsequent of the next year provide against false ones yet it confirms still the power of the King to hear and determine them whether false or true Have they not heretofore answered touching Freehold even before their King and Council and a Parliament Parl. Glocester 2. Ric. 2. only Petition'd their Soveraign with all Submission that the Subject might not be summon'd for the future by a Chancery Writ or Privy Seal to such an Appearance but this they 'll say was the result of the Soveraigns Usurpations upon the Laws of the Land of a King Richard the 2d That did deserve to be deposed Brief History of Succession p. 7. as well as the Articles of his Depositions to be read †Plato Rediviv p. 116. 234. a King that forfeited the executive Power of his Militia for prefering worthless People and was himself of little worth or as the most Licentious and Lewdest Libel of a longer date has it †a King that found Fuel for his Lust in all Lewd and uncivil Courses Now tho March Needham Merc. Polit n. 65. Sept 4. 1651. we have the Authority of the best of our Historians for the good Qualities of this Excellent tho but an unhappy Prince and who could never have fell so unfortunately had his Subjects served him more faithfully tho Mr. Hollinshed Hollinshed 3d. Vol. Chron. F. 508. N. 50. tells us never any Prince was more unthankfully used never Commons in greater wealth never Nobles more cherish'd or the Church less wrong'd and as Mr. How has it in Beauty Bounty How 's Annals p. 277. and Liberality he surpassed all his Predecessors and Baker the best among our Moderns says there were aparent in him a great many good Inclinations that he was only abused in his Youth but if he had been Guilty afterward in his riper Age of some proceedings these Republicans had reason to reproach I am sure he was Innocent of those foolish Innuendo's those false and frivolous Accusations for which they rejected him viz. for unworthiness and insufficiency Vid. Trussel in vit R. 2. when he never appear'd in all his Reign more worthy of the Government than at the very time they deposed him for being unworthy to Govern But whatever were the vices of that Prince with which our virulent Antimonarchists would blast and blemish his Memory yet we see from the President that is cited the Sense of his Subjects Parl. Glocest did not then savor so much of Sedition as insolently to demand it for their Privilege and Birth-right which without doubt they might have pretended to call so as much as any of those the Commons have since several times so
prevent these very Rebels and Republicans in such Factious Inferences did they for two hundred years agon in the first of Richard the Third Resolve what was â—â—gnified by the three Estates of the Realm for say they That is to say the Lords Exact Abridgem Fol. 117. p. 1. H. 3. â—piritual Temporal and Commons and even long since that much more lately out in the Reign of Queen Elizabeth in that Act of Recognition of her Right where they endeavor to advance her Royalty as much as possible they can and â—â— make the Crown of this Realm as much Imperial there they tell her 'T is WEE your Majesties most faithful and Keeble Stat. 1. El. C. 3. and does not their own Oracle tell them so L. Coke 4 Inst C. 1. Parliam Obedient Subjects that represent the THREE ESTATES of your Realm of England and therefore in King James and Charles the First 's time â—hen the Commons began to be mutiâ—ous and encroach upon the Crown â—hen they having with the help of their â—â—merous Lawyers which were once by â—articular Act excluded the House and H. 6. if less had State in it perhaps it might have been once less Rebellious too those Gentlemen knowing too well the weight â—f Words and what Construction and Sense Sedition and Sophistry can deduct 4. Inst Stat. de Bigamis concordatum per Justiciarios 2. Inst ibid. Stat. West 2. 13. Ed. 1. Dominus Rex in Parlia mento suo Statuta edidit 2. Inst 331. Stat. Circumspectâ— agatis 13. Ed. 1. begius Rex talibus Judicibus Salutem and tho some would not have it an Act of Parliament my Lord Coke says 't is prov'd so by the Books and other Acts 2. Iust page 487. from a single Syllable I am confident it was they contriv'd the Matter and Method so as to foist in the Factious form of this Be it enacted by the King Lords and Commons for that is the General Stile of the Enactive part of most of the Statutes of those Times and this was most agreeable with their mighty Notion of his Majesties making but up one of the THREE that so they might the better conclude from the very Letter of their own Laws That the TWO States which the Law it self implyed now to be Co-ordinate must be mightier and have a Power over their King whom the same Laws confest to be but ONE and the Reason why the forms of their Bill and the draught of the Lawyers and the Lower-House might be past into Act without any Alteration or Amendments of this Clause was I believe from a want of Apprehension that there ever could be such designing Knaves as to put it in to that Intention or such Factious Fools as to have inferred from it the Commons Co-ordinacy For the Nobility and Loyal Gentry that have commonly the more Honesty for having the less Law cannot be presumed so soon to comprehend what Construction can be drawn from the Letter of it by the laborious cavil of a Litigious Lawyer or a cunning Knave and therefore we find that those Acts are the least controverted that have the fewest Words and that among all the multiplicity of Expressions that at present is provided by themselves that have commonly the drawing of our Statutes themselves also still discover as many Objections against it to furnish them with an Argument for the Merits of any Cause and the Defence of the Right of their Clyent at the same time they are satisfied he is in the wrong And for those Enacting forms of our Statutes whatsoever Sense some may think these Suggestions of mine may want That some Seditious Persons got most of them to run in so low so popular a Stile in the latter end of King James and Charles the first 's time such as Enacted only by the Authority of the Parliament 21. Jâ—â—â— by the Kings Majâ—sty Lords and 6. Car. p. 1. C. 1â— 12. Car. 2. C. â—5 Staâ— 2. 13. Car. 2d Commons yet upon the Restauration of Charles the Second the Words With the consent of the Lords and Commons were again reviv'd and afterward 13 14. Car. 2. C. 10. 19. Car. 2. 8. 25. Car. 2. C. 1. 25. Car. C. 9. they bring it into this old agen With the Advice and Assent of Lords Spiritual Temporal and Commons according to the form of Richard the 3d. and Queen Elizabeth that resolv'd them to be the THREE STATES and this runs on through all the Acts of his Reign and even in several of them the Commons humbly beseech the King that it may be so enacted I thought it necessary to bring home Buchanan and his Disciples in Scotland maintain'd the same Doctrine of the King 's Co-ordinacy and therefore their Acts in the Rebellion too ran in the Name of the three States But when the King was returned to his Crowu and they to their Obedience the old form was retrieved The King with advice and consent of to our present tho most profligate time as much Acknowledgement as possible I could of my Kings Prerogative from the Laws of our Land and the very Statutes themselves because that some great Advocates for the power of the People some times pretend to plead for them too from Acts of Parliaments tho I think in this last lewd and Libellous Contest against the Crown that lasted for about five year in that Lustrum of Treason there was but one that was so laboriously Seditious so eminently popular as to endeavour to prove the Peoples Supremacy from Rolls and Records and Acts of State and for that recommend me to the good Author of the Right of the Commons Asserted tho I should rather approve of such an undertaking when endeavored to be done from the tracing the dark and obscure tracts of Antiquity and the Authority of a Selden than the single Assertion of a Sidney and the mere Maxims of some Modern Democraticks that have no other Foundation for their Establishments than the new Notions of their Rebellious Authors and that ipse dixit of such Seditious Dogmatists But I am satisfied too that this Gentleman who has laboured so much in vindicating the Commons Antiquity and their constituting an essential part of our Saxon Parliaments did design in it much more an Opposition of our Antient Monarchy and the Prerogative of the Crown than a mere clearing the dark foot-steps of our Old Chronicle and a real defence of Matter of Fact and the Truth And this is too clearly to be prov'd from the pestilent Pen-man's P-tyts own Papers that were publish'd at such a time when there was no great need of such an Asserting the Commons Right when themselves were more likely to have Usurp'd upon the Crown and as Mr. Sidney and his Associates would have it made themselves and the People Judges of their own wrong For to see such a task undertaken at a time when we are since satisfied such dangerous designs were a-foot looks only like a particular
Womb as being she that ‖ Pater is est quem nuptiae demonstrant D. 2. 4 5. determines it to such a Father as she that has commonly the sole care and concern of its Education till it is grown more Adult and fit for to be form'd into manmers by the Management of the Father and therefore not only according to the Maxim and Sanction of the Imperial Law not only in a Civil and Political Sense the Birth is said to follow the Belly but it holds good even in the State of Nature Partus sequitur ventram and even in the literal Sense visible among Beasts But that which gives the Father a double Title to the Dominion over the Child is not only his being as a Natural Agent the first Spring that gives it Life and Motion but also because the Civil Sanctions of all Kingdoms and Countries still establisht the Fathers Heads of their Families and from the Conjugal Compact that is made in Matrimony subjected the Wife to the Jurisdiction of the Husband so that whatever power and Right belongs to her over her Infant is like the acquest that acrues to a Servant or a Son which the Civil Law and our own ‖ Quicquid acquirit filius acquirit patri suo servus domino Inst 2. 9. 1. Coke Little § 172. Dr. Stud. l. 1. c. 8. Common too resolve into the Power and possession of the Master and Parent And then with what an Impertinent fury with what an insignificant Folly does the renowned Lawyer Labour and lay out his Lungs against Sir Rohert Filmer ‖ Posts p. 113. In making him a Monster and persuading Mankind to Sacrifice their Sons unto Moloch in depraving Human Nature worse than the Leviathan I confess the Furious fellow might as well fasten this upon that Loyal Persons position of a Paternal Right as they have several other propositions full of absurdity upon the Doctrine of the Divine which still have been nothing else but the durt and dust of their own raising but is it a Crime at last with some of our Rebellious Christians to become Loyal because the Leviathan whom themselves will make but an Infidel has lent them so many Lessons to learn them Obedience or is not a reproacht rather anough to make the boldest republican to blush that believes but a Deity to see a Monarchy so well maintain'd even by a Reputed Atheist if the Asserters of a paternal Right concur with him in such positions as render them good Subjects I am sure these opposers of it agree with him in every point from whence they can draw but the least countenance for Rebels These Venemous heads the Spiders of the publick that spin their Notions into Cobwebs into such fine nonsense that they cannot hang together have here also that other good Quality of that virulent Creature to suck up all the Venom and Poyson of Mr. Hobs and prey upon the very principles of his Corrupted Air and the Infectious depravations even of Human Nature his Origination of Society out of Fear his definition of Right to Consist in Power his Community in Nature his Equality in persons all the very Contradictions of himself reproaches of his Reason the Opprobriums of his Sense the Pest and Plague of the People are priz'd with our Republicans as the Philosophers and the Schools do their propofitions of Eternal truths they imbibe the Poyson and exalt improve it too they sublimate the very Mercury of Mr. Hobs and whereas he equals us only in a state of Nature our Levellers will lay us all Common under the Inclosures of a Society and the several restrictions of so many Civil Laws But to what tends this their turning all the Power of a Parent into Tyranny as if a Father could not have an Authority over his Child unless he be bound to make it his Slave as if the Chastisement of a Father could not Evidence his Supremacy over his Son unless like the Saturn of the Easterlings he Sacrifice him to the Fire and torment it in the Flame But this paternal Right of the Father must suffer by these Factious Fools from the same sort of Inferrences they bring against the Divine Right of their King which may only serve with some Loyal Hearts to confirm the great sympathy there is between them for as by the Law of Nature a Father can't be said to injure his Son so neither by those of the Land can our Soveraign wrong his Subjects For say these Seditious ones your Divinest Monarchs by that Doctrine can Hang Burn Drown all their Subjects they should put in Damn too for once since they may as well infer from it his sending them to the Devil But cannot common Sense obtain amidst these transports of Passion can they not apprehend a Father to have any paternal Authority over his Family unless he be able to Murder every Man of it the Civil Laws the municipal ones of his Land if a Member of a Society supersede such a severity and if a Patriarchal Prince must be supposed as were several of old after the deluge then the Affection of Potestas patris debet in pietate non atrocitate consistere D. 48. 9. 5. a Father And the Laws of Nature were sufficient to secure the Son or preserve the Servant from any severity but what some proportionable guilt might deserve so also did this Divine Right make the Soveraign as entirely absolute as the great Turk yet the Directive part of Decet princi pem leges servare quibus ipse solutus D. 32. 1. 24. those Civil Sanctions to which the Divinest of them all would be Subject or at least the precepts of the Divinity their God under whom they Govern that will oblig'd them both to Justice and Mercy the two great Attributes of him whom they represent But since they would make this Empire of a paternal Power so Ridiculous in Reason let us see how it has all along sounded in the Letter of the Law and if it has there neither been look'd upon as a Notion so Senseless and insignificant The most illuminated Reason of our eminent Lawyer must submit to be much in the dark The ‖ Jus autem potest tis quod in liberos habemus proprium est civilum Romanoâ—um nulli aliâ— homines talem potestatem habent Inst 1. 9. Romans from the result of their Imperial Sanctions look'd upon themselves to have such an absolute Power and Authority over their Sons and Daughters that they tell us expressly it was a peculiar Prerogative and privileg'd of the Citizens of Rome and that there was no other Nation that could Exercise such a Jurisdiction they could alienate for ever by this Power Inst lib. 21. 9. Vid. Pacii Anal. ibid. of the Parent any thing that was acquired by the Son and give it to any whom they pleas'd whereas it might have been an Argument enough of a paternal Power had they been but only usufructuaries
and the Dominion remained in the Child and such a Sense of Soveraignty do the Civilians express to reside in the Father of a Family that they gave him the same Appellation with that of a King and tell us by the name Appellatione Familiae etiam princeps familiae Continetur Zouch pars 3. §. 4. Dig. 50. 19. 196. of a Family the Prince of it is also understood and tho Mr. Hunt tells us a Story out of the Cabala of the Jews Laws and the Tract of Maimonides that they lookt upon their Children Emancipated of Course when they came to Thirteen and that then they could claim it as their right to be free I must tell him from the Constitutions of the Imperial that must be of more force among us unless we resolve still that even Christians shall Judaize that no Sons were ever emancipated or emitted out of the power of the Parent unless they could prevail upon him for his own consent that by no means he could be compell'd Neque naturalâ— liberi neque adoptivae ullo modo possunt cogere parentes de potestate suâ eos dimittere Iust 1. 12. 12. Vid. Jul. Pac. ibid. to it and they had no freedom de Jure till their Fathers were de facto dead And tho Pacius in his Comment on that part of the Institution says They became sui Juris at 25 from their Manner and Custome yet concludes the Law of Nature oblig'd them still to their Parent which no civil one could disanull The Duty that their ‖ D. 22. 3. Digests say was due to this Paternal power which they Insinuate almost as Sacred was exprest by the word piety and a * Ridley's part 4. C. 2. learn'd Civilian of our own laments that there is no more provisions made in our English Laws for the Duty of the Child and the protection of the Parent and with them so great was the crime of parricide that they could not a long time invent an adequate punishment for such an unproportionable Guilt tho they had one for Treason against the Prince And tho our own Laws do not make the Paternal power savour so much of Soveraignty yet we shall see they sufficiently evince that the Parent has a power very Analogous too it whereas Mr. Hunt will not allow it to have the least Relation which remisness of our Civil Institutions might well proceed from a presumption of our knowledge of the express command in the Decalogue of which the Romans were ignorant tho we have no formal ‖ Yet Servants were heretofore with us formally Emancipated Qui servum Liberat inmercato vel hil lumdredo Lanceam gladium quae liberorum sunt armâ in manibus ponat Lex H. 1. 78. Lamb. p. 206. Vid. Bract. l. 1. c. 10. Flet. l. 1. c. 7. Lex Aethelst 70. Lamb. p. 54. Emancipation now in use which does imply a power of Government yet our old Lawyer tells us still that Children are in the power of their Parents till they have extrafamiliated them by giving them some portion or Inheritance and the Custody of them while minors which afterward went to the King upon the presumption I suppose of his only ability to be a second Father that was settled in the Parent both by Common-Law and Statute for there lay a good action against any one for seducing a Mans Son as well as Servant out of his power which does imply that there is a power out of which he may be seduced and thus I have endeavor'd to shew the first Foundation of power to have been in the Fathers of Families And it signifies nothing whither every Father of it Reigns in it as a King now and therefore Mr. Hunt his impertinence is inconclusive and part of his Assertion a plainly Post p. 98. when he would infer from the continuance of the Parents Authority over their Children together with the Soveraign power distinct that therefore there was never any Foundation of a Patriarchal power for he might as well tell us That because we have no Parents now Si aliquis filiolum occideret ergaâ—um parentes mortui conjuncti re us est Lex Hen. 1. 79. Lamb. p. 207. And with this agrees the reviv'd practise among our moderns to bring Appeals but what are Subject to the Municipal Laws of the Land therefore there was never any Patriarch in the Bible never an Abraham an Isaac or a Jacob that had an absolute Dominion over their own Families or none now amongst some Barbarous Nations that have no other jurisdiction but what is Paternal the question is not what jurisdiction those Parents have that are Subjected to the Laws of a Civil Society but what they have by those of nature and 't is as absolute a lye when he says 't is not abated by the Soveraign power for were it not the Parent had a power over the life of his off-spring as the Patriarchs had of old and some Barbarous Nations that are at present unciviliz'd And for the Statute of the 25 which 25. Ed. 3. Mr. Hunt brings as an Argument against it because Parricide is not made by that petit Treason is as pertinent perhaps as if he had told us that every Father of a Family was not included in that of Edward the first that settles the Militia Ed. 1. in the King for sure 't is not possible to suspect how they can be considered as so many Soveraigns in the very Civil Sanctions that establish a much more Supream Soveraignity whose Supremacy in their several Families is founded on the Law of Nature tho we have seen that they are confirm'd too by the general Laws of Nations and the Hypothesis favour'd from our own But as it is impertinently applyd to this purpose so is it as falsely infer'd from that Statute for tho Parricide be omitted and the Judges by that act restrained to interpret its extent from the paty of reason or à Fortiori Coke 3. Ins p. 20. yet no Man in his senses can imagin that it was therefore omitted because there was no Relation of Subjection or Soveraignty between the Father and the Son when a Master and a Servant are exprest in the very Letter of the Law when a Prelate and a Priest a Husband and a Wife And is it not against Sense to imagin a Man has not as much Soveraignty over his Son as over his Wife that sits always with him as his Equal and to whom our Courtesie of England gives the Precedence and the Laws of the Land make but one as well as those of God and if the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Impetus of Love and Affection will supersede the Servitude and Subjection I think that by Mr. Hunt's leave is more abundantly exprest to the Wife especially in that point upon which he himself puts it the work of Generation And can it be imagin'd that even a regular or secular Priest whose Subjection to his Primate
the Design of the most barbarous Butchery of the best of Kings our late Sovereign Charles the Second with the Assassination of his Royal Brother our present Sovereign For this they had engag'd in the Consults Men of all sorts of Conditions Lords Knights Gentlemen Lawyers Malsters Oylmen Clergy and Lay the first Contrivance was for Assassinating the Royal Brothers as they past by the Rye the House of one Rumbald coming from New-Market but Heaven turn'd a Judgment even into an act of Mercy for their Deliverance and the Fire hapning there made them prevent the Rebels in their return Then the Play-House was propos'd to be the Shambles for this Butchery and several other places but the Conspirators disagreeing in their Approbation hinder'd its execution so soon upon the Discovery of one Keeling an Accomplice touch'd with remorse or apprehension of danger All the Conspirators fly from whom Shaftsbury that Arch-Rebel was before Vid. Lord Russel's Tryal Sidneys c. fled some were afterward found out came in for Evidence upon which several were afterward Convicted and Executed At the Tryal of my Lord Russel the very Morning he was Arraigned the Earl of Essex Committed for the same Conspiracy whether out of sense of Ingratitude to his Royal Sovereign by whom he had been preferr'd to the highest station of a Subject even that of being his Vice-Roy or whether out of fear of his fate and fearful of an Ax dispatcht himself with a Razor For Defaming of the Government the next Plot is to make this a Murther of State and one Braddon out of Seditious industry deals with one Edwards a School-Boy to Testify he saw a Hand throw a Razor out of the Window with this matter well manag'd King and Council Sir Henry Capel and then the whole Kingdom must be canvast for and he having an Indefatigable Desire to fasten a Scandal on the Government as well as an Impudence not to be baffl'd or defeated to solicite the business farther one gets Speke a known Favourer of any thing that is Factious a warm spark that would be soon hot in any such pursuit to lend him a Letter of Recommendation to a Country Knight but with both their bold fronts they could put no such bad face upon the business for it was Discover'd to be the basest Design the most malicious Miscreants could undertake and they both Try'd upon an Feb. 7 1683. Information of High Misdemenor and Subornation that is the Pimps to Perjury for which one was Fin'd one thousand pounds and the other two To second this Unsuccesful Plot about Christmas last they disperse the Decemb. 1684. most Divilish and Malitious Libel that Falshood and Folly could Invent leave it at the doors of the Loyalists and its Design the same with those Suborners to fasten a Murder upon the late King our present one and some Ministers of State with such silly Insinuations as of themselves do defend them from that Villany they would affix first from their being then walking in the Tower and can the most Factious Fool Imagine Can but bare Humane Sense be so silly as to think the Contrivers of such a suppos'd Barbarity would be present at its Execution and look upon it as the likeliest way to keep it private was to appear in it publickly Preposterous Sots Do not contradict the best Evidence that of Common sense tho' you would the Coroners Another is from the Discovery of one Haly that was found Murther'd to be the Warder in whose House the late Lord of Essex lay upon which the Libeller in a long tedious impertinent Discourse Insinuates the probability of that Fellow 's being dispatch'd for fear of telling Tales but how does Heaven infatuate those Fools that it would destroy The falsify'd per-perjur'd Wretch is forc'd to beg the World Pardon in his own Postscript and to tell us the truth in spight of his design to lye that this Unfortunate Fellow that was found Dead was none of this Warder that he meant and that only the similitude of the Name made the mistake then from the disagreeableness of Bomeny's Testimony with the other Informant because not verbatim he says the same therefore they must be both false Seditious Sot Why so senseless too Will not Common reason for that very thing confirm them both to be the more truth for when there is a Conspiracy to make Affidavit of a lye there they can soon confer and commonly do too agree in words as well as substance and sense might well suggest they had learn'd their Lessons pretty perfect upon such a verbal Agreement But this Masterpiece of most Malicious Plot was with more sublimated Malice contracted into a Compendium only that it might be propagated the sooner spread the farther when in short of which Condensed or Abstracted Treason the Spirit and Essence of Sedition one Danvers was Discovered to be the Author a Villain whom the Devil in Design could not render more vile an Anabaptist for Profession an Officer of Olivers for Rebellion and now a Fugitive for fear of Apprehension for whom a Warrant was issued out Posted publisht in the Gazette and an Hundred pounds proffer'd for any to take him As these late Plots and Conspiracies were contriving all along in England so did the Scots carry on the same Treason Argyle an Hereditary Rebel that seem'd to have his Soul and Treason from Extraduce being attainted by the Law of their Land for a Factious Explanation of the Test and tho' Justly Sentenc'd to Suffer yet the Government that had given him his Estate had no design upon his Life makes his Escape out of Prison in which in effect he enjoy'd his Liberty before gets over into Holland confers with our English Fugitives then sends Letters from thence to the Scots to incite them to Rebel some of which were Intercepted upon Major Holms and known to be his own Hand Spence and Castares his own Emissaries Confessing the Correspondence they had with their Rebel Friends in England and the Cochrans Melvil Baily are found to have been here in England and Agitating the Conspiracy for which upon full Evidence the said Robert Baily was * Decemb. 24 1684. Vid. Discoveries in Scotland Printed by his late Majesties Command as also the Account come out in this King's Reign by Order of the late Printed by Authority Convicted had his Arms Expung'd himself Hang'd and his Body Quarterd But notwithstanding all this Evidence as clear as the Sun and all their deeds of Hellish darkness brought into as much light as the Lamp of Heaven it self affords Their infatuated Fools were still so much blinded and besotted as to represent it all for a Plot of the State only for involving some of them in a Conspiracy and the King must be presum'd to design upon himself only to trepan them into Treasonable Designs For this several Letters are dispers'd into the Country some of which being Intercepted were found to be one Sir Samuel Bernadiston's a