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A26069 The royal apology, or, An answer to the rebels plea wherein the most noted anti-monarchial tenents, first, published by Doleman the Jesuite, to promote a bill of exclusion against King James, secondly, practised by Bradshaw and the regicides in the actual murder of King Charles the 1st, thirdly, republished by Sidney and the associators to depose and murder His present Majesty, are distinctly consider'd : with a parallel between Doleman, Bradshaw, Sidney and other of the true-Protestant party. Assheton, William, 1641-1711. 1684 (1684) Wing A4038; ESTC R648 26,293 69

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in one single Person yet the Monarch is so limited in the Execution of that Power that he cannot legally perform several Acts of Soveraignty without the Concurrence of his Subjects as with us here in England the King neither makes LAWS nor doth raise Taxes without his Parliament If this be the utmost they design when they call England a mixt Monarchy then though the Expression is very improper an arrand Bull a flat Contradiction in adjecto yet where we are agreed in the Thing we shall not contend about VVords but may safely grant that in this Sense as now explain'd The Government of England is a mixt Monarchy But if by a mixt they denote such a Monarchy wherein though the Style and Title of King together with some Ceremonious Appendices of Royalty as Cap and Knee Guards c. are indeed invested in One single Person yet the Supreme Power and Soveraignty is not solely and intirely in the Monarch exclusively to all others as with us here in England say these Men the Soveraignty by way of Coordination is partly in the King partly in the Lords and partly in the Commons and for this reason they are styled the Three Estates of the Kingdom if this be their Notion of a mixt Monarchy as most plainly it is if Actions may interpret Intentions it is then not only false and absurd but dangerous and destructive And therefore in this Sense we do peremptorily deny That the Government of England is a mixt Monarchy For The Supreme Power is solely in the King and consequently the King is not by way of Coordination One of the Three Estates but the HEAD and Soveraign of them all In order to his Conviction the Dissenting Republican who denyes this Truth may please to consider That he who shall desire to inform himself rightly where the Supreme Power in any Government is plac'd as also by whom how and how far such Power hath from time to time been either exercis'd or restrain'd he must of necessity have recourse to the Publick Laws and Constitutions of such Government Particularly here in England he who designs to be truly instructed in this matter he must not receive his notice from the Discourses of private men which are many times fallacious partial and uncertain but he ought to consult the Known Laws and Statutes those Authentick Records of the Kingdom Now the Oath of Supremacy establish'd by several Parliaments doth expresly Declare That the Kings Highness is the only Supreme Governor of this Realm and of all other his Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal Words as plain and intelligible as the Wit of Man could devise From whence 't is obvious to make this Inference That if the King is Supream then he hath no Superior if only Supream then no equal If over all Persons and as such the 55th Canon enjoyns us to acknowledg him in our Prayers then All Persons in these his Realms and all other his Dominions and Countries are subordinate or Subject unto him and if subordinate then none of them either severally or joyntly are coordinate with him Now is it possible after so plain and express a Determination for any Man to doubt That the Supream Power is solely in the King I observe it is possible For some Men who will not be satisfy'd with Reason do thus urge That the Oath of Supremacy being expresly levell'd against the Usurpations of the Church of Rome was consequently so fram'd as to discover those who are Popishly affected For the Persons taking that Oath are obliged only to Declare That they Renounce all Foreign Jurisdictions i. e. They do swear That the King of England is no Feudatory Prince and that he holds not his Crown in Fee either from the Pope or any Foraign Power whatsoever But what is all this say these men to the Parliament Or how comes this Oath to be urg'd against the Jurisdiction of the two Houses Since in those very Statutes in which this Oath is enjoyn'd the Legislative Power which doubtless is the Supream Power is expresly Established in the Parliament as well as in the King in these Words Be it Enacted by the Kings most Excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Lords Spiritual and Temporal and the Commons do Enact joyntly with the King and therefore have a Coordinate Power To which it is thus Reply'd That when this Oath of Supremacy was first framed the Pope being then the most noted Usurper was for that reason more particularly mention'd than any other but from thence to infer That it was design'd by way of Test to discover Those who are Popishly-affected is a very great Mistake For the Supremacy of the Kings of England being the chief Prerogative of the Crown was always challeng'd and maintain'd by (a) V. 27. Ed. 3. c. 1. 3 R. 2 c. 3. 7 R. 2. c. 12. 16 R. 2. c. 5. 2 H. 4. c. 4. 6 H. 4. c. 1. 24 H. 8. c. 12. 25. H. 8. c. 19. 26 H. 8. c. 1. 37 H. 8. c. 17. Parl 2. 1. Mar. c. 1. Popish Princes as well as Protestant (b) 1 Eliz. c. 1. 5 Eliz. c. 1. 13 Eliz c. 2. as appears by these several Statutes here mention'd in the Margent The Intent then of this Oath was not to discover who are Papists but in plain Terms who are Traitors And therefore let Mens Pretences to Religion be otherwise what they will if by scrupling this Oath they refuse to give assurance to the Government that they will be honest and loyal they are to be esteem'd if not Traitors yet at least Trayterously affected And whereas they further urge That the Coordinate Power of the Parliament is no way condemn'd by this Oath which only takes notice of a Foraign Usurpation They are for their satisfaction desired to consider That since rectum est Judex sui obliqui Domestick Usurpation is hereby excluded as well as Foreign The Soveraignty of the People as well as of the Pope And as to that which is pleaded from the Form of the Statute by the Authority of the same as if the Lords and Commons did by their Authority make and enact Laws joyntly with the King To this I do humbly Answer That this Expression if duly consider'd doth not in the least favour the Republican Fancy of a Coordinate Power Which I shall best express to vulgar Capacities for whom this Discourse is chiefly design'd thus faithfully by representing the Matter of Fact Although the Legislative Power is solely in the King yet His Majesty doth not make Laws without the concurring Advice and Approbation of his Subjects For the King like other Men being mortal and of limited Capacity is neither omniscient nor omnipresent He cannot be in all Parts of his Dominions at one and the same time and consequently can no otherwise be acquainted with