and the successive one to Sr. Edmond Andross are both true but that they were illegall is a position a little too confidently asserted by the Penman who seems to be more a Clergy-man than a Lawyer but because the well clearing up of this point will be of great Service to the subsequent Discourse 't will not be amiss that it be throughly considered I shall therefore lay downe this as a certaine Maxime both consonant to Reason the Lawes of the Land That Those Kingdomes Principalities and Colonies which are of the Dominion of the Crowne of England and not of the Empire of the King of England are subject to such Lawes Ordinances and Forms of Government as the Crowne shall think fit to establish That New-England and all the Plantations are subject to the Dominion of the Crowne of England and not to the Empire of the King of England Therefore The Crowne of England may Rule and Governe them in such manner as it shall thinke most fit For the proofe of which I shall instance Wales which was once a Kingdome or Territory governed by its owne Lawes but when it became of the Dominion of the Crowne of England either by Submission or Conquest it became subject also to such Lawes as King Edward the first to whome they submitted thought fit to impose as may plainly appeare in the Preamble of the Statute of Rutland Leges et Consuetudines partium illarum hactenus usitatas coram nobis et proceribus Regni Nostri fecimus recitari quibus diligenter auditis et plenius intellectis quasdam illarum de Consilio Procerum predictorum delevimus quasdam permissimus et quasdam correximus et etiam quasdam alias adjiciendas et faciendas decrevimus et eas de caetero in terris Nostris in partibus illis perpetua Firmitate teneri et observari volumus in forma subscripta In English thus We have caused the Lawes and Customs of those parts hitherto used to be recited before Us and the Peers of Our Realme which being diligently heard more fully understood some of them by the Advice of Our Peers aforesaid We have obliterated some We have allowed and some We have corrected and have also decreed that some others shall be made and added to them and We will that for the future they be holden observed in Our Lands in those parts with perpetual firmnesse in manner herein after expressed Then follow the Ordinances appointing Writts originall and judiciall in many things varying from those of England and a particular manner of proceeding And againe in the Close of the said Statute et ideo vobis mandamus quod permissa de caetero in omnibus observaetis ita tantum quod quotiescunque et quandocunque et â—bicunque Nobis placuerit possimus praedicta Statuta et eorum partes singulas declarare interpretari addere sive diminuere pro Nostrae Libiâ—o voluntatis prout securitati Nostrae et Terrae Nostrae viderimus expediri And therefore We Command you that from hence foreward you observe the premises in all things so onely that as often whensoever and wheresoever We please we may declare interpret add to and diminish from the said Statutes and every part of them according to Our will and pleasure so as We shall see it expedient for the safety of Us and Our Land aforesaid In the Next place I shall instance Ireland That it is a Conquered Kingdome is not doubted Co. Rep. fol. 18. a. but admitted in Calvins Case and by an Act of the 11 th 12 th and 13 th of King James acknowledged in expresse words Viz. Whereas in former times the Conquest of this Realme by His Majesties most Royal Progenitors Kings of England c. That by Virtue of the Conquest it became of the Dominion of the Crowne of England and subject to such Lawes as the Conquerour thought fit to impose untill afterwards by the Charters and Commands of H. the Second King John and H. the 3. they were entituled to the Lawes Franchises of England as by the said Charters Reference being thereunto had may more fully appeare I shall onely instance two The first is out of the close Rolls of H. the 3. Wherein the King after Thanks given to G. de Mariscis Justice of Ireland signifies That Himself and all other his Leiges of Ireland should enjoy the Liberties which he had granted to his Leiges of England and that he will grant confirm the same unto them Claus 1. H. 3. dorso 14 Which afterwards in the 12 th yeare of his Reigne he did as followeth Rex dilecto et sideli suo Richardo de Burgo Justiciarâ— suo Hibern Salutem Mandavimus vobis firmiter precipientes quatenus certo die loco faciatis venire coram vobis Archiepiscopos Episcopos Abbates Priores Cometes Barones Milites libere Tenentes et Balivos singulorum Comitatuum et coram eis publice legi faciatis Chartam Domini Johannis Regis Patris nostri cui Sigillum suum appensum est quam fieri fecit et jurari a Magnatibus Hiberniae de Legibus et Consuetudinibus Angliae observandis in Hibernia Et precipiatis eis ex parte Nostra quod Leges illas Consuetudines in Charta praedicta contentas de caetero firmiter teneant et observent The King to His faithfull and beloved Richard de Burg Justice of Ireland Greeting We have Commanded you firmly injoining you that on a certain day and place you make to come before you the Archbishops Bishops Abbots Priors Earles Barons Knights Free-Holders and the Baylifs of every County and before them you cause to be publickly read the Charter of the Lord King John our Father to which His Seal is affixed and which He caused to be made and sworne to by the Nobility of Ireland concerning the Lawes and Customs of England to be observed in Ireland And command them on Our behalfe that for the future they firmly keep and observe those Laws and Customs conteined in the Charter aforesaid By all which it is evident that after the Conquest and before the recited Charters the Inhabitants there altho' composed of many free-borne English Subjects who settled themselves among them were neither govern'd by theire owne Laws nor the Laws of England but according to the good pleasure of the Conqueror and if you will take the opinion of Sr. Edward Cooke in his Annotations on the Great Charter he tells you plainly That at the makeing thereof it did not extend to Ireland or any of the King 's forreigne Dominions but after the making of Poynings Law which was in the 11 th yeare of H. the 7 th long after the Great Charter it did Extend to Ireland I have onely one Instance more and that is the Vsage of forreigne Nations in theire Plantations and Settlements abroad The Government of the Vnited Provinces Denmarke are well knowne in Europe and yet in all theire Plantations their Governments are
a Reason or Argument for Vacating our Charter is beyond my conception for Fire and Sword were the designed instruments and ministers of their barbarous and hellish Contrivance and if they had once prevailed how weak a Rampart would our Charter have been against so cruell and powerfull an Enemy Would a blood thirsty and conquering Papist have made Westminster-Hall the Arbiter Certainly No we must have received our Law from the mouth of the Cannon and our Hedge would have been broke downe with a great deal of ease Is it reasonable to imagine that after they had waded through the blood of King and Nobles to their wished-for End in Old England they would make use of Politicks in New And as preposterous and unreasonable to fancy That for that end our Charter was called in question especially when we consider that more than four Decads of years have allready past since the Crowne of England first thought it not fit for us to hold any longer and severall years after the popish Plot was discovered before the Scire facias issued out 2. That the Charter was injuriously and illegally Condemned without giveing us timely notice of it or allowing us to Answer for our selves might bear some weight with it if true but it will appeare quite other wise and that we had opportunity enough to have made defence on behalfe of our Charter if we had so thought fit for severall years before the proceedings to the Condemnation thereof Our late Soveraigne King Charles the Second by His Letters signified to us the many Complaints that were made to him of our Encroachments and ill-Administration of the Government and commanded that we should send over Agents sufficiently Authorized to Answer the same which we at length so far complyed with as to send Agents who when they were called to hear and Answer the said Complaints alwaies excused and avoided the principall parts thereof pretending they were not sufficiently impowered for that purpose and after other Agents fully impowered to Answer but not to submit or Conclude any thing And when His Majesty was pleased to cause a Writt of Quo Warranto to be sued forth against our Charter and sent over with his Gracious Declaration and Proposals of such Regulations to be made therein as might be agreeable with His Majesties Service the good well-fare of his subjects here and required an entire Submission from us therein our Generall Court would not submit to or comply therewith onely a Letter was sent to the Right Honourable Sr. Lionell Jenkins then Secretary of State dated the 10. of December 1683 Subscribed by the Governour Eight of the Assistants onely wherein after the acknowledgement of their haveing had a Copy of the Quo Warranto and His Majesties Declaration they say that the major part of the Magistrates have for severall Weeks declared their Opinion and voted to lay themselves at His Majesties feet by an humble Submission and Resignation of themselves to His Majesties pleasure not being willing to Contend with His Majestie in a Course of Law but by the next Opportunity to dispatch their Agents fully impowered to make their submission according to His Majesties said Declaration but by no means can at present obtain the Consent of the Deputyes whereby to make it an Act of the Corporation and therefore have agreed with them to a power of Attourney-ship to save a Default in hopes that further time will prevail to dispatch their Agents accordingly and shall earnestly endeavour to give the people a better Understanding before the next Ships saile from hence His Majesty by this finding that all the easie meanes He had used could not bring us to any Answer for the Crimes and Misdemeanours laid to our Charge nor produce any thing else but Bassles and Delayes gave Order to His Attourney Generall to sue out a Writ of Scire facias out of the High Court of Chancery against our Governour and Company which was accordingly done directed to the Sheriffs of London c. and made returnable in Easter Terme in the 36 yeare of His Majesties Reigne wherein they were Required to make knowne to the said Governour Company at London that they may appeare in His Majesties High Court of Chancery at Westminster on the day of the Returne thereof to shew cause wherefore the said Charter for the Reasons in the said Writt of Scire facias mentioned and contained should not be made void null and cancelled and the Liberties and priviledges thereby granted to the said Governour and Company be seized into the King's hands upon which Writt the said Governour and Company not appearing another Writt of Scire facias of the same Tenour issued forth Returnable in Trinity Terme then next following when the said Governour and Company appeared by their constituted Attourney and Councill but refused to plead to the said Writt onely moved for time to send hither which not being agreeable with the Rules and Practice of the Court in such Cases could not be allowed But in favour to them a Rule was made that unless they pleaded by the first day of the then next Michaelmas-Terme Judgement should be entered by Default And in that Terme for Default of pleading Judgement was enterd on His Majesties Behalfe and the said Charter adjudged to be void Null and Cancelled and that the Liberties and Priviledges of the said Governour and Company be Seized into the Kings hands which was accordingly done by the Exemplification of the said Judgement in the Reigne of King James the Second and by His Majesties Commission to a President and Councill to take the Government of this Countrey All which proceedings are most just and and Legall according to the Rules and practice of the Law of England and agreeable with many Precedents of the like nature both Ancient and Moderne Besides All Companies Corporations or Bodies politick made or granted by Letters Patents or Charter from His Majesty for any parts or places beyond the Seas are by themselves or Agents to be always ready to answer His Majesty in any of his Courts at Westminster when He shall think sit to Order any Suite or Writt to be sued and prosecuted against them and are supposed to be Resident in or about London or Westminster for that purpose as the East-India Royall-Affrican Bermudas and Hudson-bay Companies are who have their Trade Factories Colonies and Plantations abroad in Asia Affrica and America and in the like state and Condition ought the Company and Corporation of the Massathusetts Bay in New-England to be According to the Capacities given them by their Incorporation of Sueing and being sued Pleading being Impleaded wherein if we have neglected our Duty as well as exceeded our Powers and Priviledges granted and would not put our selves into a Condition to be heard when we ought and might it is not His Majesty nor the Proceedings of His Courts that are to be blamed but our selves 3. That there was a Commission sent to the President
mine Enemy but I dare not transgress the Commands of God. Lib. 2. And Josephus speaking of David after he had cut off Sauls Garment saith That his heart smote him So that he confessed Injustuâ— facinus crat Regem suum occidere It was a a wicked act to kill his Soveraign And presently after Horrendum Regem quamvis malum occidâ—re poenam enim id factenti imminere constat ab eo qui Regem dedit It is an horrid act to kill a King though wicked for certainly He by whose providence all Kings reign will pursue the Regicide with vengeance inevitably To reproach any private man falsely is forbidden by the Law but of a King we must not speak evil though he deserve it because as he that wrote the Problems fathered upon Aristotle saith He that speaketh evil of the Governour scandalizeth the whole City So Joab concludes concerning Shimei as Josephus testifies Shalt thou not dye who presumest to curse him whom God hath placed in the Throne of the Kingdom The Laws saith Julian are very severe on the behalf of Princes for he that is injurious unto them doth wilfully trample upon the Laws themselves Misopogoris Now if we must not speak evil of Kings much less must we do evil against them David repented but for offering violence to Saul's Garments so great was the Reverence that he bare to his person and deservedly For since their Soveraign power cannot but expose them to the General Hatred therefore it is sit that their security should especially be provided for This saith Quintilian to the fate of such as sit at the Stern of Government that they cannot discharge their Duty faithfully nor provide for the publick safety without the envy of many And for this cause are the persons of Kings guarded with such severe Laws which seeem like Draco's to be wrote in blood as may appear by those enacted by the Romans for the security of their Tribunes whereby their persons became inviolable Amongst other wise Sayings of the Esseni this was one That the persons of Kings should be held as sacred And that of Homer was ast noable His chiefest care was for the King That nothing should endanger him And no marvel For as St. Chrysostome well observes If any man kill a sheep he but lessens the number of them but if he kill the Shepherd he dissipates the whole flâ—ck The very Name of a King as Curtius tel's us among such nations as were governed by Kings was as venerable as that of God. So Artabanus the Persian Amongst many and â—â—â—se most excellent Laws we have this seems to be the best which commands us to aâ—ore our Kings as the very image of God who is the Saviour of all And therefore as Plutarch speakes Nec â—as nec lâ—iâ—um est Regis corpori manus inferre It is not permitted by the Laws of God or man to offer violence to the person of a King. But as the same Plutarch in another place tells us The principal part of 〈◊〉 is to save him that saves all If the eye observe a blow threatning the head the hand being instructed by nature interposeth it self as preferring the safety of the head whereupon all other members depend before their own Wherefore as Cassiodâ—â—e notes He that with the loss of his own life Redeems the Life of his Prince doth well if in so doing he propose to himself the freeing of his own soul rather than that of another mans body for as conscience teacheth him to express his sidelity to his Soveraign so doth right Reason instruct him to prefer the life of his Prince before the safety of his own body But here a more difficult question ariseth as namely Whether what was lawful for David and the Maccabees be likewise lawful for us Christians Or whether Christ who so often enjoins us to take up our Cross do not require from us a greater measure of patience Surely where our Superiours threaten us with Death upon the account of Religion our Saviour advised such as are not obliged by the necessary Duties of their Calling to reside in any one place to flee but beyond this nothing St. Peter tells us That Christ in his suffering left us an ensample who tho' he knew no sin nor had any guile found in his mouth yet being reviled reviled not again when he suffered he threatned not but remmitted his cause to him that judgeth righteously 1. Pet. 4. 12 13 14 15 16. Nay he adviseth us to give thanks unto God and to rejoice when we suffer persecution for our Religion and we may read how mightily Christian Religion hath grown and been advanced by this admirable gift of patience wherefore how injurious to those anc ent Christians who living in or near the times of either the Apostles themselves or men truly Apostolical must needs be well instructed in their Discipline and consequently walked more exactly according to their Rules yet suffered death for their saith how injurious I say to these men are they who hold that they wanted not a Will to resist but rather a power to defend themselves at the approach of death Surety Tertullian had never been so imprudent nay so impudent as so considently to have affirmed such an untruth whereof he knew the Emperor could not be ignorant when he wrote thus unto him If we had a will to take our private Revenge or to act as publick Enemies could we want either numâ—â—rs of men or stores of warlike Previsions Are the Moors Germans Partisians or the people of any one Nation more than those of the whole Worlâ— We though strangers yet dâ— fill all places in your Dominions your Cities Islands Castles Forts Assemblies your very Camps Tribes Courâ—s Palaces Seâ—â— es only your Temples we leave to your selves For what war have we not alwaies declared our selves sit and ready though in Numbers of men we have sometimes been very unequal How cometh it then to p ss that we suffer Death so meekly so patiently but that we are instructed by our Religion that it is much better to be killed than to kill Cyprian also treading in his Masters steps openly declares That it was from the principles of their Religion that Christians being apprehended made no Resistance nor attempted any revenge for injuries unjustly done them though they wanted neither numbers of men nor other means to have resisted but it was their confidence of some diviâ—e Vengeance that would fall upon their persecutors that made them thus patient that perswaded the innocent to give way to the nocent Lib. 5. So Lactantius We are willing to conside in the Majesty of God who is able as well to revenge the contempt done to Himself as the injuries and hardships done unto us Wherefore though our sufferings be such as cannot be expressed yet we do not mutter a word of discontent but refer our selves wholly to him who judgeth righteously And to the same tune sings St Augustine When Princes err they