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A30679 Advice to the Commons within all His Majesties realms and dominions written by Jacob Bury, Esq. ... ; containing the perfect harmony, consent and agreement between divinity and law, in defence of the government established by law in church and state, and that kingly government is by divine right. Bury, Jacob. 1685 (1685) Wing B6212; ESTC R6090 62,727 80

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of the Kings foundation and the Kings of England are the Founders of them all and they sit in Parliament and have the Names of the Lords of the Parliament non ratione Nobilitatis sed ratione Officii not by reason of their Nobility but by reason of their Office and in respect of their Ancient Barronies annexed to their dignities C. Inst 1. part 97. a. And in C. 5. 1. part Cawdreyes Case it may be seen That King Kenulphus by Charter in Parliament in the year of our Lord 755. Exempted the Abbot of Abingdon from Episcopal Jurisdiction and gave it him That amongst the Laws of Edward the Confessor it was Ordained that he should Govern the Kingdom and his People and above all the Holy Church not the Pope That William the Conqueror Appropriated Churches with Cure That King Henry the First presented to Abbeys as well by his Ecclesiastical as his Kingly Power That Henry the Third granted Prohibitions and in Issue of Loyalty of Marriage and general Bastardy the King wrote to the Bishop as his immediate Officer That in the time of Edward the Third the Temporalties of the Archbishop of York were lost during his Life for refusal of a Clark of the King by reason of a Provision of the Pope That by 25. Edw. the Third a Man might kill those that procured Provisions from Rome and those that executed them Also by 25. Edw. 3d. It was Enacted that the Pope shall not give Archbishopricks Bishopricks c. but that the King them shall give c. That by 16. Rihard the Second chap. 5th It is Enacted that because the King holdeth his Crown immediately under God they who purchase or pursue in the Court of Rome Translations Processes Excommunications Bulls Instruments c. and their Fautors and Councillors shall be out of the Protection of the King and Praemunire facias shall be awarded against them That 2. H. 4. 9. It is resolved that Collectors of the Pope by their Bulls have not any Jurisdiction here and that the Archbishops and Bishops are called the Spiritual Judges of the King And 11. H. 4. 37. it is said Papa non potest mutare leges Angliae that the Pope cannot change or alter the Laws of England That 2. Henry the Fourth chap. 3d. he that obtaineth from the Bishop of Rome to be exempt from regular Obedience is within the Case of a Praemunire That 6. H. 4. chap. 1. Forfeiture was imposed upon those who payed great sums to the Chamber of Rome That by 2. H. 5. chap. 1. The King not the Pope gave power to the Ordinary to enquire of the Foundation and Government of Hospitals and to correct c. That in 9. H. 6. 16. The King only can give License for the Foundation of a Corporation Spiritual not the Pope That 12th Edw. 4th 16. A Legate of the Pope was compelled to Swear that he would not attempt any thing against the Crown c. That in 2. Rich. 3. It is said that Excommunication or Judgment at Rome is of no force here That in First Henry the 7th 10th It is said that in time of King Henry the Sixth Humphry Duke of Glocester burnt the Letters of the Pope that were in Derogation ot the King and his Crown And 1. H. 7. 20. It is adjudged that the Pope may not grant Sanctuary And 25. Henry the 8. chap. 21. It is Enacted by the Statute forementioned of faculties that none shall make suit to Rome but that the Archbishop of Canterbury may grant to the King and his Subjects such Licenses Dispensations Grants Faculties Escripts Delegacies Instruments c. not repugnant to Holy Scripture as been used to be granted by the Pope yet it is to be noted that such Cannons Constitutions Ordinances Synods Provincials c. were provided to be in force which had been allowed by general Consent and Custom within the Realm not repugnant to Law or the Prerogative of the King and so by the same general Consent may be Corrected Enlarged Explained or Abrogated hence we may rest satisfied that for many Hundreds of years last past successively in the time of one King after another King when all our Ancestors were Papists and of that profession that yet the Government of the Church ever was inherent to the Imperial Crown of the Kings of England In the time of King Henry the Third the Usurped Jurisdiction of the Pope was elevated more high than ever before or since yet it may be observed that in the Ninth year of his Reign in the very first Chapter of the great Charter Entitled and Called The Confirmation of Liberties is mentioned First We have granted to God and by this our present Charter have confirmed for Us and Our Heirs for ever that the Church of England shall be free and shall have all her whole Rights and Liberties inviolable And by the Statute of 24. H. 8. chap. 12. by 24. Bishops and 29 Abbots it is recited that England is an Empire and that the King is the Head of the Body Politick consisting of the Temporalty and the Spiritualty impleet and furnished with full Power to render final Justice in all matters whatsoever as well Ecclesiastical as Temporal And that part of the said Body Politick called the Spiritualty hath been always thought sufficient and meet of it self without the intermeddling of any Forreign Pope or any exterior Person or Persons when any cause of the Law Divine happened to come in question or of Spiritual Learning to declare and determine all such doubts and to adminster all such Offices and Duties yet as the Spiritual Judges of and under the King as to their several Roomes Spiritual doth appertain And the Laws Temporal for Trial of Property of Lands and Goods and for the conservation of the Realm in Unity and Peace without Rapine or Spoil were and yet are Administred Adjudged and Executed by sundry Judges and Ministers of the other part of the Body Politick called the Temporalty And their Authorities and Jurisdictions do conjoyn together in the due Administration of Justice the one is a help to the other and both are a help to and in ease of the King the Head of this Body Politick here you have concisely and in few words discovered unto you the Ancient form of the Government of England both in Church and State and accordingly in Ancient times the Parliaments of England consisted only of the King the Lords Spiritual and the Lords Temporal who were Anciently the Representatives of the whole Kingdom in Parliament Assembled under the Kings or Queens thereof but for some Hundreds of years last past a Writ hath been framed for the Election of Knigts c. to sit in Parliament and these Knights c. are to be chosen by the Freeholders in their several Counties CHAP. XX. As to the Kings Supremacy is shewed the difference between the Primitive and more modern times herein the Author adviseth all to be at Vnity within themselves and
pretended Birthright and Inheritance floweth only from the Kings Primitive Grace and Favour and that they would not pray that de Gratiâ of Grace if they had any Colour to claim the same de Jure of Right And the renewing of this Petition every Parliament proves the Grant to be but Temporary But the late Usurpers pretended they had Priviledge granted to them to sit by the Mentioned Act of Continuance c. And therefore all fair Offers from his said Majesty for Publick Good and for the Preservation of the Government in Church and State were afterwards interpreted a Breach of Priviledge Though the soundest Lawyers of that time were of Opinion that the said Act of Continuance was Void in it self in regard that what Grants or Concessions soever the King makes the Law presupposeth they are always with this Provisoe Salvo jure regio salvo jure Coronae In the 20th of Rich. the Second it may be seen in Mr. Howe 's Chronicle that a Parliament holden at Westminster was Ordained to endure Forty eight days but it was Abridged for the King would not tarry there more than Five days wherein he declared the things pertaining to the Realm especially such Matters as touched himself c. One property of every good Law of Man is that the Maker exceed not his Authority which certainly they did that framed that Bill for the Act of Continuance c. And Coke 10th rep 57. b. it is agreed that Parliamentum testamentum arbitramentum are to be construed according to the intention of the Makers the said King certainly intended not thereby to Exclude himself because by the Laws of our Land it cannot properly be said a Parliament unless it be consisting of King Lords and Commons And if Kingly Government be constituted by Divine Right then St. Jermyn tells us that Customs and Statutes are void that are against the Law of God and so that Act was null in its own Nature at the very first and the proposal of it was Treason in a high degree Parliamentary Priviledges are but Temporary and are not in them till asked by their Speaker Precario and granted by their Sovereign But Mr. Plowden Fol. 322. b. saith that every Prerogative of the King containeth in it self a Prescription for it resteth in usage And Fol. 319. b. and 322. a. he saith that the Prerogative of the King may not be said to be torcius that is consonant to reason and hath been used from time to time in the time of one King after another for the Law is not known if not by usage and usage proveth that it is Law And Fol. 322. a. and 323. he saith all the Prerogatives mentioned in the Statute of Prerogativa Regis made in 17o. Ed. 2 di were in the King by the Common Law before the said Statute and many others and Fol. 318. a. he saith It is a commendable thing for the King to abstain from the extremity of his Prerogative of his special grace in benefit of his Subjects but withall saith that the Law doth not force him so to do And Sir Ed. Coke in the First part of his Institutes Fol. 90. b. saith that Praerogativa is derived of prae id est ante and rogare that is to ask or Demand before hand whereof cometh Prerogativa and is denominated of the most excellent part because though an Act hath passed both the Houses of the Lords and Commons in Parliament yet before it be a Law the Royal Assent must be asked or Demanded and Obtained Bracton li. jo calleth it libertatem in another place privilegium Regis Britton Fol. 27. calleth it droit le Roy the Right of the King the Register of the Writs calleth it jus regium Coronae the Royal or Regal Right of the Crown And Mr. Stanford in Praerog Fol. 5. a. b. saith Praerogativa is as much to say as a Priviledge or Preeminence that one person hath before another which as it is tolerable in some so it is most to be permitted and allowed in a Prince or Soveraign Governour of a Realm for besides that he is the most worthyest or excellent Part or Member of the body of the Commonwealth so is he also through his good Governance the preserver nourisher and defender of all the People being the rest of the same body for which cause the Laws do attribute unto him all Honour Dignity Prerogative and Preeminence It is said Coke 7. 10. b. and 11. a. That the King is an absolute Prince before his Coronation which is but a Royal Ceremony Ornament and Solemnization of the Royal Descent but no part of the Title and that Rex non est Rex quia Coronatur sed Coronatur quia est Rex The King is not a King hecause he is Crowned but he is Crowned because he is a King And Coke 11.72 a. The King is said to be sponsus Regni and per annulum by a Ring is said to be espoused to the Realm at his Coronation which is a great Mark of Soveraignty and Power in the King over his People for admit the King to be sponsus the Bridegroom or new Married Man and the Realm to be sponsa the Bride or new Married Woman at this Solemnity of his Coronation every Woman is sub potestate viri sui under the Power of ber Husband ipse dominabitur ejus and he shall Rule or Reign over her by Gods Law Gen. 3.16 and our Law doth not estrange the Husband of any Interest Prerogative or thing that the Wife hath at the time of the intermarri●ge or after But as in all Rebellions so in the late time of Rebellion the Woman wore the Breeches as is easily proved by the Money Coined in those times Also in Coke 7. 10. b. The King is said to be pater patriae the Father of his Country which is another Mark of his Soveraignty and Supream Power for at the beginning of Kingdoms when all the World consisted of a few Housholds the Elder or Father of the Family exercised Authority over his Meyney and did distribute reward or punishment amongst them after his own discretion all which aforesaid is agreeing with what the Poet saith Jura dant singuli natis uxoribus every single individual Person gives Laws to his Wife and Children This was patria potestas Fatherly power the fountain of Regia potestas Kingly power and so Regia potestas is lege Naturae non arbitrio populi and so Kingly Authority is by the Law of Nature not by the Will Power or Arbitrement of the People leges Naturae perfectissimae sunt immutabil●s and the Laws of Nature are the most perfect and not to be Altered or Changed No sooner was there a Houshold but there was a Soveraign All regal Authority was then included in the Office of Father And therefore God Almighty in giving the Fifth Commandment called the Crown Commandment Honour thy Father and thy Mother intended the Duty belonging to all Magistrates Afterwards