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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	england_n	king_n	lord_n	4,602	5	4.1139	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

THE Royal Apology OR AN ANSWER TO THE Rebels Plea WHEREIN The most Noted Anti-Monarchical 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 LONDON Printed by T. B. for Robert Clavel and are to be sold by Randolph Taylor near Stationers-Hall 1684. TO THE READER IN the Year 1594. the Jesuit PARSONS published a Conference under the Name of DOLEMAN The Design of which Pamphlet as every one knows was to promote a Bill of Exclusion against King JAMES And though the Jesuites malice was herein defeated as to the Person of that King yet how much it influenc'd the Sufferings of his late Majesty is a sad story to repeat For he who shall peruse the many virulent Libels which first occasion'd and then fomented that unnatural Rebellion he will easily be instructed how that Conference was Transcribed and Transprosed by the Patrons of the Faction And to speak in our Modern Language he cannot but observe That the Popish DOLEMAN is the Oracle of the TRVE-PROTESTANT Party Now that this may not be rejected as a slandering Design only to make them odious to Authority as is commonly Objected I have here drawn for the Readers satisfaction a short PARALLEL between Doleman Bradshaw Sidney and some others Upon perusal of which it will plainly appear that the Jesuites Principles as managed by Bradshaw and the Regicides did cut off the Head of King CHARLES the first And since the same Principles have been transcribed by the Brethren of the ASSOCIATION we have just reason to suspect the fame Practices likewise And that those who defend the Murder of King CHARLES the first would doubtless if they had Power in their Hands Depose and Murder King CHARLES the Second If any Republican shall think fit to doubt that the following Discourse is either Partial or Vnconconcluding i. e. that I have either said something that is false or else have omitted in any Instance the very Strength of their Cause let him make known his Grievance And I do here faithfully promise upon such notice given I will through Divine Assistance endeavour his Satisfaction THE CONTENTS THe Occasion of this Treatise Pag. 1. Which Consists Of an Objection p. 3. and its Answer p. 5. Containing these Particulars viz. The Government of England not a mixt Monarchy p. 6. The King not one of the three Estates p. 16. In what sence the King of England is an Absolute Monarch p. 19. And how he is Limited p. 43. That known saying of BRACTON Lex facit Regem how to be understood p. 20. That other controverted Passage Rex habet Superiorem Deum Legem etiam Curiam largely considered p. 25 ad p. 37. Of the Coronation Oath p. 38. Of the Kings Prerogative p. 45. THE Royal Apology OR AN ANSWER TO THE Rebels PLEA ALthough the Kings Title to his Crown and Dignity together with his just Right and Authority over all Persons and in all Causes are beyond Exception establish'd by the Ordinance of God and the known Laws and Constitutions of these Kingdoms yet so far hath Prejudice or something worse prevail'd with some Men and those not of the meanest Rank as to suffer themselves to be led into a Belief That the Original of all Government is from the People and that the Power which Kings and Princes have was derived unto them from the People by way of Pact or Contract Particularly That the King of England as appears from his Coronation-Oath having solemnly engaged to his People to maintain Religion to execute Justice and to keep the Laws and rightful Customs of the Kingdom upon these Conditions was admitted to the Kingly Power The which Conditions if he shall omit to observe and of this they themselves will be Judges they then fancy that he hath forfeited his Crown and that the People who first made him King may by their Representatives in Parliament dethrone and Depose him That this is the Scheme of some Mens Policy the many Treasonable Papers such as The Association Vox Populi Appeal to the City Coll. SIDNEY'S Papers c. together with the late horrid Conspiracy grounded thereupon do sufficiently demonstrate And therefore I hope it will be no unseasonable Undertaking but may through Gods Blessing contribute somewhat to secure the King's Liege-People in their due Obedience whilst I endeavour to evince the Falseness and destructive Consequences of these Anti-monarchical Principles Which that I may the more effectually and with the greater clearness perform I shall first lay down the utmost Strength of their Cause in one intire Objection and then endeavour their satisfaction in the following Answer OBJECTION THE Government of England is a mixt Monarchy consisting of Three Estates King Lords and Commons And therefore the King of England is not an Absolute but a limited Monarch and as Such is to govern by and according to the Laws of the Land and not otherwise And by the Oath which he hath taken at his Coronation he is obliged to use the Power Trust and Office then committed to him for the Good and Benefit of the People and for the preservation of their Rights and Liberties Now if the King thus entrusted to keep the Laws and preserve Religion should be guilty of a wicked Design to subvert our Laws and destroy our Religion by introducing an arbitrary Tyrannical Government he must then understand that he is but an Officer of Trust And the Parliament of England the Representatives of the People in whom all Power doth originally reside they are to take order for the Animadversion and Punishment of such an offending Governor Parliaments were ordain'd to restrain the exorbitant Power of Kings and to redress the Grievances of the People It is very true what some have said Rex non habet parem in Regno But this is to be understood in a limited Sense For though major singulis yet he is minor universis This we know to be Law from that famous Lawyer BRACTION Rex habet Superiorem Deum Legem etiam Curiam Which is thus Interpreted by Mr. SIDNEY For this Reason Bracton saith That the King hath Three Superiors to wit Deum Legem Parliamentum That is The Power originally in the People of England is delegated unto the Parliament SIDNEY'S Tryal pag. 23. This is as I conceive the Sum of all that hath been and the utmost of what I suppose can be said in this matter To which I return this ANSWER THAT this Phrase a mixt Monarchy though somewhat frequent in the Mouths of these Men is yet no very plain or intelligible Expression For if by a mixt Monarchy they design such a Government wherein though the Supream Power may reside

turn to the Office for the 5th of November In the Preface of which he thus reads A Form of Prayer with Thanksgiving for the happy Deliverance of the King and the Three Estates of the Realm And in the Collect before the Epistle We acknowledg the Power Wisdom and Goodness of God in preserving the King and the Three Estates of this Realm assembled in Parliament It thus evidently appearing That the King is not One of the Three Estates and consequently that his Anthority is not limited or restrain'd by the Coordinate Power of the other Two we may with better assurance proceed to examin the Truth of their next Suggestion viz. That the King of England is not an Absolute Monarch In which Inquiry least I should diminish the Kings just Right and Prerogative on the one hand or encroach upon the Subjects Freedom and Liberty on the other I must neither affirm nor deny without due Distinction Now the Kings Power and Authority doth admit of a Twofold Consideration For either we may observe it 's efficient Cause the Spring and Fountain from whence it flows or else may take notice of the Execution and Administration of it As to the First of these If the Question should be asked whence hath the King this Power to Rule and Govern these Nations Who gave him this Authority To this a just Answer may be suggested from His Majesties Royal Motto DIEU ET MON DROIT God and my Birth-right have given me these Kingdoms If it further be demanded How Birth-right doth Entitle to a Crown 'T is then truly replyed That it is a Fundamental Law of England That the Crown doth descend to the next in Blood England being not an Elective but an Hereditary Kingdom And from hence we are occasionally instructed how to understand that Controverted Place in Bracton which I therefore mention because I find it repeated with great Triumph in several Pamphlets Lex facit Regem the Law makes the King Lib. 1. c. 7. f. 5. and Lib. 3. c. 9. f. 107. The Law i. e. The Law of Succession In which Sense doubtless my Lord Cook as I have somewhere read told King James That the Law set the Crown upon his Head And it is the same Law that set the Crown upon the Head of His Present Majesty For though His Majesties personal Qualifications deserve a Crown yet it was not any Acceptance or Consent of the People express'd at his Coronation or otherwise but it was his Birth-right only which made him King because Son and Heir apparent of King Charles the First This is the full Import and Meaning of that saying of Bracton But now from hence to infer as some canting Polititians have done That because The Law in this Sense as now explain'd makes the King therefore the Law is Superior to the King therefore the Law hath a Coercive Power over the King therefore If the King shall neglect to Discharge his Trust the Parliament of England who are not only the highest Expounders but the sole Makers of Bradshaw's Harangue at the Kings Tryal the Law can by that Law which made him King censure and condemn him for his Neglect I say thus to infer is not only false and explosive in it self but Treasonable to the King and Destructive to the Kingdom But of this God willing more fully in it's proper Place It may suffice at present to observe that the Crown of England is an Imperial Crown i. e. Such a Crown which as to the Coercive part is not subject to any human Tribunal or Judicature whatsoever as most plainly appears from our Law-Books and Statutes It was asserted in our Laws in the Time 16 R. 2. c. 5. of King Richard the Second That the Crown of England hath been so free at all times that it hath been in no EARTHLY SUBJECTION BUT IMMEDIATELY SUBJECT TO GOD in all things touching the Regalty of the same Crown and to none other And in 24 H. 8. it was declared in Parliament 24 H. 8. c. 22. That this Realm of England is an Empire and so hath been accepted in the World govern'd by one Supreme Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick of Spiritualty and Temporalty been bounden and owen to bear NEXT TO GOD a natural and humble Obedience And 25 H. 8. It is Declared That 25 H. 8. c. 21. This Realm recognizing NO SUPERIOR UNDER GOD BUT ONLY THE KING hath been and is free from Subjection to any man's Laws but only to such as have been devized within the same V. 1 Eliz. cap. 3. 1 Jac. c. 1. which are very pertinent to be perused in confirmation of these preceding Statutes And if private Authorities may not seem superfluous after the recital of such Authentick Records I might largely confirm this Supreme Independent Power of the King by the repeated Testimonies of our most eminent and noted Writers But because I would not be too tedious I shall mention none but the forecited Bracton Lord Chief Justice under Henry the 3 d. And I the rather take notice of Him because some passages in his Works have been perverted and abused by the IGNORANCE or MALICE of ill designing Men. From this Learned and Judicious Author we are thus instructed (a) Omnis quidem sub eo ipso sub nullo nisi tantum sub Deo Parem autem non habet in Regno suo quia sic amitteret preceptum All Ranks and Degrees of Men are subject to the King but the King himself is under none but God There is none equal to him or coordinate with him in the Kingdom such a fancy being wholly inconsistent with his Kingly Power (b) Si autem ab ro petatur cum brevo non currat contra ipsum locus erit supplicationi quod factum suum corrigat emendet quod quidem si non fecerit satis sufficet ei ad paenam quod Dominum expectet ultorem Nemo quidem de factis suis praesumat disputare multe fortius contra factum suum venire Vid Bracton de Leg. Ang. Lib. 1. cap. 8. Sect. 5. fol 5. And if any Man hath occasion to implead the King since no Writ can be taken out against him he must then proceed by way of Petition But if the King shall still refuse to do him right it will be sufficient punishment for him to expect the Lord as an Avenger Doubtless no man should presume to question the Kings Actions much less to oppose them by force And in his 5th Book de Defaltis Cap. 3. Sect. 3. he speaks the same Language For having put the Case That if the King being Petition'd to redress the Grievances of his Subjects should yet neglect to grant them Justice what further course the Subject might take for his Relief He Rules it thus (c) Quo casu cum Dominus Rex super hoc fuerit interpellatus in eadem

Mind is the surest and most authentick Interpretation Et etiam si omnino sit falsa propter rasuram vel quia forte signum appositum est adulterinum melius tutius est quod coram ipso Rege procedatur ad Judicium Moreover should there be suspicion that any Charter either by erasing or corrupt Interpolation hath been falsely transcribed 't is the best and safest course to determine the matter before the King himself Item nec factum Regis nec chartam potest quis judicare ita quod factum Domini Regis irritetur However as was said before let no man presume to censure the Kings Charters or any other of his Proceedings so as to make null and void the Act and Deed of our Lord the King Sed dicere poterit quis But here it may be Objected quod Rex justitiam fecerit bene If the King will do Justice 't is well si hoc eadem ratione quod male ita imponere ei quod injuriam emendet ne incidat Rex Justic in judicium viventis Dei propter injuriam and should he not do Justice it seems that must be well taken too since no body dares tell him that he doth amiss and accordingly there will be none to admonish him to correct his fault that so he may escape the Judgment of the living God To this Objection BRACTON returns an Answer though indeed not ushered in with the usual Formality of a Sic Respondeo And his Answer is this Rex autem habet Superiorem c. 'T is true indeed none can controle the Kings Person or censure his Actions his Majesty being Supream over all Persons and in all Causes autem but yet we have these encouraging Reasons that the King will do Justice and govern his People according to Right For 1. Rex habet Superiorem Deum sc As high and as great as the King is there is one higher and greater than he even Almighty God The King of Kings and Lord of Lords It is therefore much hoped that a due Sense of this dreadful Majesty before whose Tribunal the greatest Monarchs as well as the meanest of their Subjects must one day appear may over-awe and restrain the King from all unjust and injurious Proceedings 2. Item Legem per quam factus est Rex And moreover the better to enable the King to do Justice there is a Law to direct him in his Interpretations the which Law his Majesty is obliged even in gratitude to observe since it was the Law which made him King But how this must be understood is already explain'd 3. Item Curiam suam viz. Comites Barones but besides these Two preceding Considerations there is a Third Expedient to restrain the King from all unjust and exorbitant Proceedings For as there is a God in Heaven to overawe him and as there is a Law on Earth to direct him So likewise he hath his Curia to admonish and advise him viz. Comites Barones quia Comites dicuntur quasi Socii Regis His Nobility his Earls and his Barons who by reason of their constant attendance at Court are admitted into a nearer Familiarity with his Majesty and are as it were the Kings Companions Et qui habet Socium habet Magistrum and by such Intimacy as this they are in some sort the Supervisors and Censors of his Actions Et ideo si Rex fuerit sine fraeno i. e. sine Lege debent ei fraenum ponere If therefore the King shall omit to observe the Laws 't is then their Duty to admonish him of his neglect saying SIR This is the Law this should bridle you this should limit and direct your Actions And this doubtless they will do nisi ipsimet fuerint cum Rege sine fraeno unless they themselves have a mind to be lawless as well as the King But if matters should be brought to this pass what shall then the poor Subjects do how shall their Grievances be redress'd Shall it not then be lawful to take up Arms in the just Defence of King and Kingdom to remove these evil Councellors from the King No such matter tunc clamabunt subditi dicent Domine Iesu Christe in chamo fraeno maxillas eorum constringe Our honest Bracton allows the Subject no other Arms against his Soveraign but the old Primitive Artillery of Prayers and Tears Ad quos Dominus vocabo super eos gentem robustam longinquam ignotam c. And if the Subjects being under any Oppression shall thus dutyfully refer their cause to God he will then take Care to do them right and will not only restrain but also punish their Oppressors As our Author more fully explains to the end of this 16. Section which I shall not need to translate any further there being no difficulty in it If this Paraphrastical Translation which I thought would most naturally lead us to the true sence of the words doth not yet fully remove the Doubt I shall then for the Readers satisfaction give this further Interpretation BRACTON in this 2 d. Book Chap. 16. § 3. is discoursing as I have already observed de Chartis Regiis And he tells us that the Royal Charters when either doubtful or obscure are to be determined coram Rege i. e. in the Courts of Kings-Bench and Chancery For these being the Kings own immediate personal Courts in one of which the Kings of England have formerly sate in Person all Writs returnable there run in this Style coram nobis and all judicial Records there are stiled and the Pleas there holden entered Coram Rege And therefore this Phrase in BRACTON Coram Rege is I think warrantably render'd the Courts of Kings-Bench and Chancery Now if the Plantiff shall suspect that the Proceedings in these Courts are not just and equal he may then make his Appeal For the King hath not only Legem his ordinary Courts of Justice but also Curiam suam viz. Comites Barones His HOUSE OF LORDS The Cause may then be removed by Writ of Error or by Appeal into the House of Lords But if the Party shall still complain that he hath not Justice there is then no other Remedy but Prayers and Patience For this House of Lords being the Supreme and highest Court of Judicature no Earthly Appeal can be made any further Sistendum est in aliquo In all Judicial Proceedings Ecclesiastical and Civil there must be a non ultra For as the Law of Nature doth instruct us that Appeals must of necessity be allowed otherwise those Injuries which may be occasion'd through the Ignorance or Corruption of inferior Judges could never be redress'd so the same Law doth also teach us That Appeals must not be Infinite i. e. There must be some Supreme Power in whose final Determination be it right or be it wrong all Inferiors must acquiesce and submit Otherwise no Controversies could be decided nay there could be no Government nothing but Disorder and Confusion in the