ever since thâ— Conquest in the Kings of England to the great honour anâ— benefit of the King and Kingâ—dom though some abuseâ— made some of the people out 〈◊〉 love with their good and thâ— Right of that part of his juâ—â— Prerogative The King by his Prerogative is Ultimus Haeres Regni and is as the Great Ocean is 〈◊〉 all Rivers the receptacle of aâ— Estates when no Heir appears for this cause all Estates foâ— want of Heirs or by forfeiture revert or escheat to the King All spiritual Benefices for want of Presentation by the Bishop is lapsed at last to the King all Treasure Trove that is Money Gold Silver Plate or Bullion found and the Owner unknown belongs to the King so all Wayfs Strays Wrecks not granted away by him or any former Kings all Wast ground or Land recovered from the Sea all Lands of Aliens dying before Naturalization or Denization and all things whereof the property is not known All Gold and Silver Mines in whosoever ground they are found Royal Fishes â—s Whales Sturgeons Dolphins c. Royal Fowl as Swans not markt and swimming at liberty on the River belong to the King In the Church the Kings Prerogative and Power is extraordinary great He only hath the Patronage of all Bishopricks none can be chosen but by his Conged ' Estier whom he hath first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the Kings special Writ or Assent He is the Guardian or Nursing Father of the Church which our Kings of England did so reckon amongst their principal cares as in the 23th year of King Edward the First it was alledged in a pleading and allowed The King hath power to call a National or Provincial Synod and by Commissioners or by his Metropolitanes in their several Jurisdictions to make Canons Orders Ordinances and Constitutions to introduce into the Church what Ceremonies he shall think fit reform and correct all Heresies Schismes and punish Contempts c. and therein and thereby to declare what Doctrines in the Church are fit to be publisht or professed what Translation of the Bible to be allowed what Books of the Bible are Canonical and what Apocryphal c. In 28 of Eliz. when the House of Commons would have passed Bills touching Bishops granting Faculties conferring Holy Orders Ecclesiastical Censures the Oath Ex Officio Non Residency c. the Queen much incensed forbad them to meddle in any Ecclesiastical Affairs for that it belonged to her Prerogative c. The King hath power to pardon the violation of Ecclesiastical Laws or to abrogate such as are unfitting or useless to dispense with the Rigour of Ecclesiastical Laws and with any thing that is only prohibitum malum per accidens non malum in se as for a Bastard to be a Priest for a Priest to hold two Benefices or to succeed his Father in a Benefice or to be Non Resident c. Hath power to dispense with some Acts of Parliament Penal Statutes by Non Obstantes where himself is only concerned to moderate the rigor of the Laws according to Equity and Conscience to alter or suspend any particular Law that he judgeth hurtful to the Commonwealth to grant special Priviledges and Charters to any Subject to pardon a man by Law condemned to interpret by his Judges Statutes and in Cases not defined by Law to determine and pass Sentence And this is that Royal Prerogative which in the hand of a King is a Scepter of Gold but in the hands of Subjects is a Rod of Iron This is that Jus Coronae a Law that is parcel of the Law of the Land part of the Common Law and contained in it and hath the precedence of all Laws and Customs of England and therefore void in Law is every Custom quae exaltat se in Praerogativam Regis Some of these Prerogatives especially those that relate to Justice and Peace are so essential to Royalty that they are for ever inherent in the Crown and make the Crown they are like the Sun-beams in the Sun and as inseparable from it and therefore it is held by great Lawyers that a Prerogative in point of Government cannot be restrained or bound by Act of Parliament but is as unalterable as the Laws of the Medes and Persians wherefore the Lords and Commons Rot. Parl. 42. Edw. 3. num 7. declared that they could not assent in Parliament to any thing that tended to the disherison of the King and the Crown whereunto they were sworn no though the King should desire it and every King of England as he is Debitor Justitiae to his people so is he in conscience obliged to defend and maintain all the Rights of the Crown in possession and to endeavour the recovery of those whereof the Crown hath been dispossest and when any King hath not religiously observed his duty in this point it hath proved of very dreadful consequence as the first fatal blow to the Church of England was given when Hen. 8. waving his own Royal Prerogative referred the redress of the Church to the House of Commons as the Lord Herbert observes Hist Hen. 8. So the greatest blow that ever was given to Church and State was when the late King parting with his absolute Power of dissolving Parliaments gave it though only pro illâ— vice to the Two Houses of Parliament And indeed it greatly concerns all Subjects though it seem a Paradox to be far more solicitous that the King should maintain and defend his own Prerogative and Preeminence than their Rights and Liberties the truth whereof will appear to any man that sadly considers the mischiefs and inconveniencies that necessarily follow the diminution of the Kings Prerogative above all that can be occasioned by some particular infringements of the Peoples Liberties As on the other side it much concerns every King of England to be very careful of the Subjects just Liberties according to that Golden Rule of the best of Kings Charles I That the Kings Prerogative is to defend the Peoples Liberties and the Peoples Liberties strengthen the Kings Prerogative Whatsoever things are proper to Supreme Magistrates as Crowns Scepters Purple Râ—be Golden Globe and Holy Unction have as long appertained to the King of England as to any other Prince in Europe He holdeth not his Kingdom in Vassallage nor receiveth his Investiture or Installment from another Acknowledgeth no Superiority to any but God only Not to the Emperour for Omnem Potestatem habet Rex Angliae in Regno suo quam Imperator vendicat in Imperio and therefore the Crown of England hath been declared in Parliaments long ago to be an Imperial Crown and the King to be an Emperour of England and Ireland and might wear an Imperial Crown although he choseth rather to wear a Triumphant Crown such as was anciently worn by the Emperours of Rome and that because his Predecessors have triumpht not only over Five
our Kings and some Necessities for the preservation of the Weal Publick too much alienated The Antient Dominions of the Kings of England were first England and all the Seas round about Great Britain and Ireland and all the Isles adjacent even too the Shores of all the Neighbour Nations and our Law saith the Sea is of the Ligeance of the King as well as the Land and as a mark thereof all ships of Foreigners have antiently demanded leave to fish and pass in these Seas and do at this day Lower their Top-sailes to all the Kings Ships of War To England Henry 1. annext Normandy and Henry 2. Ireland being stiled only Lord of Ireland till 33 H. 8. although they had all Kingly Jurisdiction before Henry 2. also annext the Dukedomes of Guien and Anjou the Counties of Poictou Turein and Mayn Edward the First all Wales and Edward the Third the Right though not the Possession of all France King James added Scotland and since that time there have been super-added sundry considerable Plantations in America The Dominions of the King of England are at this day in Possession besides his just Right and Title to the Kingdom of France all England Scotland and Ireland Three Kingdoms of large extent with all the Isles above 40 in number small and great whereof some very considerable and all the Seas adjacent Moreover the Islands of Jersey Garnsey and Alderny Parcel of the Dutchy of Normandy besides those profitable Plantations of New England Virginia Barbados Jamaica Florida Bermudos besides several other Isles and Places in those Quarters and some in the East Indies and upon the Coast of Africa also upon the main land of America by right of first discovery to Estoit land Terra Corterialis New found Land Novum Belgium Guiana the King of England hath a Legal Right though not Possession Rex Angliae est Persona mixta cum Sacerdote say our Lawyers He is a Priest as well as a King He is anointed with Oyle as the Priests were at first and afterward the Kings of Israel to intimate that his Person is Sacred and Spiritual and therefore at the Coronation hath put upon him a Sacerdotal Garment called the Dalmatica c. and before the Reformation of England when the Cup in the Lords Supper was denied to the Laity the King as a Spiritual Person received in both kinds He is capable of Spiritual Jurisdiction of holding of Tythes all Extra-Parochial Tythes some Proxies and other Spiritual Profits belong to the King of which Laymen both by Common and Canon Law are pronounced uncapable He is an External Bishop of the Church as Constantine the Emperour said of himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But I am constituted Bishop for external things of the Church Rex idem hominum Phaebique Sacerdos He is as the Roman Emperours Christian as well as Heathen stiled themselves Pontifex Max. He is the Supreme Pastor of England and hath not only Right of Ecclesiastical Government but also of Exercising some Ecclesiastical Function so far as Solomon did 1 Kings 8. when he blessed the People consecrated the Temple and pronounced that Prayer which is the Pattern now for Consecration of all Churches and Chappels but all the Ministerial Offices are left to the Bishops and Priests as the determinination of Causes are to the Kings Judges although the King may himself sit in Judgement if the Affairs of State did not alwayes require his Presence at the Helme and the Administration of Sacraments Preaching and other Church Offices and Duties to the Bishops and their Ordained Clergy Of this Sacred Person of the King of the life and safety thereof the Laws and Customs of England are of tender that they have made it High Treason onely to imagine or intend the death of the King And because by imagining or conspiring the death of the Kings Counsellors or Great Officers of his Houshold the destruction of the King hath thereby sometimes ensued and is usually aimed at saith Stat. 3 H. 7. that also was made felony to be punisht with death although in all other Cases Capital the Rule is Voluntas non reputabitur pro facto and an English Man may not in other Cases be punisht with death unless the Act follow the Intent The Law of England hath so high esteem of the Kings Person that to offend against those Persons and those things that represent his Sacred Person as to kill some of the Crown Officers or the Kings Judges executing their Office or to counterfeit the Kings Seals or his Moneys is made High Treason because by all these the Kings Person is represented and High Treason is in the Eye of the Law so horrid that besides loss of Life and Honour Real and Personal Estate to the Criminal his Heirs also are to lose the same for ever and to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them Est enim tam grave crimen saith Bracton ut vix permittitur haeredibus quâ—d vivant High Treason is so grievous a Crime that the Law not content with the Life and Estate and Honour of the Criminal can hardly endure to see his heirs survive him And rather than Treason against the Kings Person shall go unpunisht the Innocent in some Cases shall be punished for if an Idiot or Lunatick who cannot be said to have any will and so cannot offend during his Idiocy or Lunacy shall kill or go about to kill the King he shall be punisht as a Traytor and yet being Non compos mentis the Law holds that he cannot commit Felony or Petit Treason not other sorts of High Treason Moreover for the precious regard of the Person of the King by an Antient Record it is declared that no Physick ought to be administred to him without good Warrant this Warrant to be made by the Advice of his Council no other Physick but what is mentioned in the Warrant ro be administred to him the Physitians to prepare all things with their own hands and not by the hands of any Apothecary and to use the assistance only of such Chyrurgeons as are prescribed in the Warrant And so precious is the Person and Life of the King that every Subject is obliged and bound by his Allegeance to defend his Person in his Natural aswell as Politick Capacity with his own Life and Limbs wherefore the Law saith that the life and member of every Subject is at the service of the Soveraign He is Pater Patriae Dulce erit pro Patre Patriae mori to lose life or limb in defending him from Conspiracies Rebellions or Invasions or in the Execution of his Laws should seem a pleasant thing to every loyal hearted Subject The Office of the King of England according to the Learned Fortescue is Pugnare bella populi sui eos rectissime judicare To fight the Battels of his People and to see Right and Justice done unto them Or according to
another it is to protect and govern his People so that they may if possible lead quiet and peaceable lives in all Godliness and Honesty under him Or more particular as is promised at the Coronation to preserve the Rights and Priviledges of the Church and Clergy the Royal Prerogatives belonging to the Crown the Laws and Customs of the Realm to do Justice shew Mercy and keep Peace and Vnity c. The King for the better performance of this great and weighty Office hath certain Jura Majestatis extraordinary Powers Preeminencies and Priviledges inherent in the Crown called antiently by Lawyers Sacra Sacrorum and Flowers of the Crown but commonly Royal Prerogatives whereof some the King holds by the Law of Nations others by Common Law excellent above all Laws in upholding a free Monarchy and exalting the Kings Prerogative and some by Statute Law The King only and the King alone by his Royal Prerogative hath Power without Act of Parliament to declare War make Peace send and receive Ambassadours make Leagues and Treaties with any Foreign States give Commissions for levying Men and Arms by Sea and Land or for pressing Men if need require dispose of all Magazines Ammunition Castles Fortresses Ports Havens Ships of War and Publick Moneys hath the sole Power to coyn Money appoint the Mettal Weight Purity and Value thereof and by his Proclamation make any Foreign Coyn to be lawful Money of England By his Royal Prerogative may of his meer Will and Pleasure Convoke Adjourn Prorogue Remove and Dissolve Parliaments may to any Bill passed by both Houses of Parliament refuse to give without rendring any reason his Royal Assent without which a Bill is as a Body without a Soul May at pleasure encrease the number of the Members of both Houses by creating more Barons and bestowing Priviledges upon any other Towns to send Burgesses to Parliament May call to Parliament by Writ whom he in his Princely Wisdome thinketh fit and may refuse to send his Writ to others that have sate in former Parliaments Hath alone the choice and nomination of all Commanders and other Officers at Land and Sea the choice and nomination of all Magistrates Counsellors and Officers of State of all Bishops and other High Dignities in the Church the bestowing of all â—onours both of higher and of â—â—wer Nobility of England â—he Power of determining Reâ—ards and Punishments By His Letters Patents may â—ect new Counties Bishopricks â—niversities Cities Burroughs â—â—lledges Hospitals Schools â—airs Markets Courts of Juâ—â—ice Forests Chases Free â—arrens c. The King by his Prerogative â—â—th power to enfranchise an â—lien and make him a Denison â—hereby he is enabled to purâ—â—ase Leases of Houses and â—ands and to bear some Offiâ—es Hath power to grant Letâ—rs of Mart or Reprisal The King by his Prerogaâ—ive hath had at all times the â—ight of Purveyance or Preemption of all sorts of Victuaâ— neer the Court and to talâ— Horses Carts Boats Ships for his Carriages at reasonabâ—â— rates also by Proclamation 〈◊〉 set reasonable rates and pricâ— upon Flesh Fish Fowl Oaâ— Hay c. which his Majesâ—â— now raigning was pleased to exchange and in liew thereof 〈◊〉 accept of some other recompence Debts due to the King are the first place to be satisfied 〈◊〉 case of Executorship and Admiâ—nistratorship and until thâ— Kings Debt be satisfied he maâ—â— Protect the Debtor from the arrest of other Creditors May distrain for the whoâ— rent upon one Tenant that holdâ—eth not the whole land maâ— require the Ancestors Debt 〈◊〉 â—he Heir though not especiâ—ly bound is not obliged to â—â—mand his rent as others are â—â—ay sue in what Court he â—â—ease and distrain where he 〈◊〉 No Proclamation can be â—ade but by the King No Protection for a Defenâ—ant to be kept off from a Suit â—t by him and that because 〈◊〉 is actually in his Service He only can give Patents in â—se of losses by Fire to reâ—ive the Charitable Benevolenâ—s of the People without â—hich no man may ask it pubâ—â—kly No Forest Chase or Park 〈◊〉 be made nor Castle to be â—uilt without the Kings Auâ—â—ority The sale of his Goods in a open Market will not take awaâ— his property therein His Servants in ordinary aâ— priviledged from serving in an Offices that require their attendance as Sheriff Constable Churchwarden c. All Receivers of Money for the King or Accomptaâ—â— to him for any of his Revenueâ— their Persons Lands Goods Heirs Executors Administrators are chargeable for thâ— same at all times for Nulluâ— tempus occurrit Regi His Debtor hath a kind 〈◊〉 Prerogative remedy by a Qâ—minus in the Exchequer against all other Debtors or any against whom they have anâ— Cause of Personal Action supposing that he is therebâ— â—isabled to pay the King and 〈◊〉 this Suit the Kings Debtor â—eing Plaintiff hath some Priâ—iledges above others In Doubtful Cases Semper â—â—aesumitur pro Rege No Statute restraineth the King except he be especially â—amed therein The quality of his Person alters the Descent of Gavelkind the Rules of Joynt Tenaney no Estopel can bind him nor Judgment final in a Writ of Right Judgments entred against the Kings Title are entred with a Salvo Jure Domini Regis that if at any time the Kings Council at Law can make out his Title better that Judgement shall not prejudice him which is not permitted to the Subject The King by his Prerogativâ— may demand reasonable Aid Money of his Subjects to Knighâ— his Eldest Son at the Age of 15 and to marry his Eldest Daughter at the Age of 〈◊〉 years which reasonable Aid is Twenty Shillings for every Knights Fee and as much for every Twenty Pound a year in Socage Moreover if the King be taken Prisoner Aid Money is to be paid by the Subjects to set him at liberty The King upon reasonable causes him thereunto moving may protect any man against Suits at Law c. In all Cases where the King is party his Officers with an arrest by force of a Process at Law may enter and if entrance be denied may break open the â—ouse of any man although â—ery mans House is said to be 〈◊〉 Castle and hath a priviâ—â—dge to protect him against all â—her Arrests A Benefice or Spiritual Liâ—ng is not full against the King 〈◊〉 Institution only without Inâ—â—ction although it be so against Subject None but the King can hold â—â—ea of false judgments in the â—ourt of his Tenants The King of England by his â—rerogative is Summus Regni â—ustos and hath the Custody â—f the Persons and Estates of â—uch as for want of understanding â—annot govern themselves 〈◊〉 or â—erve the King so the Persons â—nd Estates of Ideots and Luâ—aticks are in the Custody of â—he King that of Ideots to his own use and that of Luâ—naticks to the use of the nexâ— Heir So the Custody or Wardâ—â—ships of all such Infants whoâ— Ancestors held their Lands bâ— Tenure in Capite or Knight service were
Kings of Ireland but also over the Welsh Scottish and French Kings He acknowledgeth onely Precedence to the Emperour Eo quod Antiquitate Imperium omnia Regna superare creditur As the King is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the State so he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Church He acknowledgeth no Superiority to the Bishop of Rome whose long arrogated Authority in England was 1535 in a full Parliament of all the Lords Spiritual as well as Temporal declared null and the King of England declared to be by Antient Right in all Causes over all Persons as well Ecclesiastical as Civil Supreme Head and Governour The King is Summus totius Ecclesiae Anglicanae Ordinarius Supreme Ordinary in all the Dioceses of England 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for his Superintendency over the whole Church hath the Tenths and First-Fruits of all Ecclesiastical Benefices The King hath the Supreme Right of Patronage over all England called Patronage Paramount over all the Ecclesiastical Benefices in England so that if the mean Patron as aforesaid present not in due time nor the Ordinary nor Metropolitan the Right of Presentation comes to the King beyond whom it cannot go The King is Lord Paramount Supreme Landlord of all the Lands of England and all landed men are mediately or immediately his Tenants by some Tenure or other for no man in England but the King hath Allodium Directum Dominum the sole and independent Property or Domain in any Land He that hath the Fee the Jus perpetuum and Utile Dominium is obliged to a duty to his Soveraign for it so it is not simply his own he must swear fealty to some Superiour The King is Summus totius Regni Anglicani Justitiarius Supreme Judge or Lord Chief Justice of all England He is the Fountain from whence all Justice is derived no Subject having here as in France Haute moyenne basse Justice He only hath the Soveraign power in the Administration of Justice and in the Execution of the Law and whatsoever power is by him committed to others the dernier resort is still remaining in himself so that he may sit in any Court and take Cognisance of any Cause as antiently Kings sate in the Court now called the Kings Bench Henry the Third in his Court of Exchequer and Hen. 7. and King James sometimes in the Star-Chamber except in Felonies Treasons c. wherein the King being Plaintiff and so Party he sits not personally in Judgement but doth performe it by Delegates From the King of England there lies no Appeal in Ecclesiastical Affairs to the Bishop of Rome as it doth in other principal Kingdoms of Europe nor in Civil Affairs to the Emperour as in some of the Spanish and other Dominions of Christendom nor in either to the People of England as some of late have dreamt who in themselves or by their Representatives in the House of Commons in Parliament were ever Subordinate and never Superiour nor so much as Co-ordinate to the King of England The King being the onely Soveraign and Supreme Head is furnisht with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions whereas some Neighbour Kings do want a full power to do Justice in all Causes to all their Subjects or to punish all Crimes committed within their own Dominions especially in Causes Ecclesiastical In a word Rex Angliae neminem habet in suis Dominiis Superiorem nec Parem sed omnes sub illo ille sub nullo nisi tantùm sub Deo a quo secundus post quem primus ante omnes super omnes in suis ditionibus Deos Homines The Title of Dii or Gods plurally is often in Holy Writ by God himself attributed to Great Princes because as Gods Vicars or Vice-dei upon Earth they represent the Majesty and Power of the God of Heaven and Earth and to the end that the people might have so much the higher esteem and more reverend awfulness of them for if that fails all Order fails and thence all Impiety and Calamity follows The Substance of the Titles of God was also used by the Antient Christian Emperours as Divinitas nostra Aeternitas nostra c. as imperfectly and analogically in them though essentially and perfectly only in God and the good Christians of those times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharaoh and Vegeâ—ius a learned Writer of that Age seems to justifie it Nam Imperatori saith he tanquam praesenti corpoarli Deo fidelis est praestanda Divotio pervigil impendendus famulatus Deâ— enim servimus cum fideliter diligimus cum qui Deoregnat Autore So the Laws of England looking upon the King as a God upon earth do attribute unto him divers excellencies that belong properly to God alone as Justice in the Abstract Rex Angliae non potest cuiquam injuriam facere So also Infallibility Rex Angliae non potest errare And as God is perfect so the Law will have no Imperfection found in the King No Negligence or Laches no Folly no Infamy no stain or corruption of blood for by taking of the Crown all former though just Attainders and that by Act of Parliament iâ— ipso facto puâ—ged No Nonage or Minority for his Grant of Lands though held in his Natural not Politick Capacity cannot be avoided by Nonage Higher than this the Law attributeth a kind of immortality to the King Rex Angliae non moritur his Death is in Law termed the Demise of the King because thereby the Kingdom is demised to another He is said not subject to Death because he is a Corporation in himself that liveth for ever all Interregna being in England unknown the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done ex post facto Moreover the Law seemeth to attribute to the King a certain Omnipresency that the King is in a manner every where in all his Courts of Justice and therefore cannot be non-suited as Lawyers speak in all his Palaces and therefore all Subjects stand bare in the Presence Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence He hath a kind of universal influence over all his Dominions every soul within his Territories may be said to feel at all times his Power and his Goodness Omnium Domos Regis Vigilia defendit Omnium Otium illius Labor Omnium Delicias illius Industria Omnium vacationem illius Occupatio c. So a kind of Omnipotency that the King can as it were raise men from death to life by pardoning whom the Law hath condemned can create to the highest Dignity and annihilate the same at pleasure Divers other semblances of the Eternal Deity belong to the King He in his own Dominions as God saith
Vindicta est mihi for all punishments do proceed from him in some of his Courts of Justice and it is not lawful for any Subâ—ect to revenge himself So he onely can be Judge in his own Cause though he deâ—â—ver his Judgement by the Mouth of his Judges And yet there are some â—hings that the King of England cannot do Rex Angliae â—ihil injuste potest and the King cannot devest himself or his Successors of any part of his Regal Power Prerogative and Authority inherent and annext to the Crown not that there â—s any defect in the Kings Power as there is none in Gods Power though he cannot lie nor do any thing that implies Contradiction not but that the King of England hath as absolute a power over all his Subâ—ects as any Christian Prince rightfully and lawfully hath oâ— ever had not but that he still hath a kind of Omnipotency noâ— to be disputed but adored by his Subjects Nemo quidem 〈◊〉 factis ejus praesumat disputarâ— saith Bracton multo minuâ— contra factum ejus ire nam dâ—â— Chartis Fact is ejus non debenâ— neâ— possunt Justiciarii multâ— minus privatae personae disputare Not but that the King may do what he please without either opposition or resistance and without being questioned by his Subjects for the King cannot be impleaded for any Crime no Action lieth against his Person because the Writ goeth forth in his own Name and he cannot arrest himself If the King should seize his Subjects Lands which God forbid or should take away his Goods having no Title by Law so to do there is no remedy Onely this Locus erit saith the same Bracton supplicationi quod factum suum corrigat emendet quod quidem si non fecerit sufficit ei â—d paenam quod Dominum Dèum expectet Vltorem There may be Petitions and Supplications made that His Majesty will be pleased to rule according to Law which if he shall refuse to do it is sufficient that he must expect that the King of Kings will be the Avenger of Oppressed Loyal Subjects But there are also divers things which the King cannot do Salvo jure Salvo Juramento Salvâ Conscientia sua Because by Oath at his Coronation and indeed without any Oath by the Law of Nature Nations and of Christianity he holds himself bound as do all other Christian Kings to protect and defend his people to do justice and to shew mercy to preserve Peace and Quietness amongst them to allow them their just Rights and Liberties to consent to the Repealing of bad Laws and to the Enacting of good Laws Two things especially the King of England doth not usually do without the consent of his Subjects viz. make New Laws and raise New Taxes there being something of Odium in both of them the one seeming to diminish the Subjects Liberty and the other his Property therefore that all occasion of disaffection towards the King the Breath of our Nosthrils and the Light of our Eyes as he is stiled might be avoided it was most wisely contrived by our Ancestors that for both these should Petitions and Supplications be first made by the Subject These and divers other Prerogative rightfully belong and are enjoyed by the King of England Nevertheless the Kings of England usually govern this Kingdom by the ordinary known Laws and Customs of the Land as the great God doth the World by the Laws of Nature yet in some Cases for the benefit not damage of this Realm they make use of their Prerogatives as the King of Kings doth of his Extraordinary Power of Working of Miracles Lastly To the Kings of England quatenus Kings doth appertain one Prerogative that may be stiled super-excellent if not miraculous which was first enjoyed by that pious and good King Edward the Confessor which is by the touch to remove and to cure the Struma that stubborn disease commonly called the Kings Evil. In consideration of these and other transcendent Excellencies no King in Christendom nor other Potentate receives from his Subjects more Reverence Honour and Respect than the King of England All his People at their first Addresses kneel to him he is at all times served upon the Knee all Persons not the Prince or other Heir Apparant excepted stand bare in the presence of the King and in the Presence Chamber though in the Kings absence Only it was once indulged by Queen Mary for some eminent services performed by Henry Ratcliffe Earl of Sussex that by Patent he might at any time be covered in her presence but perhaps in imitation of the like liberty allowed by King Philip her Husband and other Kings of Spain to some of the principal Nobility there called Grandees of Spain Any thing or Act done in the Kings Presence is presumed to be void of all deceit and evil meaning and therefore a Fine levied in the Kings Court where the King is presumed to be present doth bind a Feme Covert a married Woman and others whom ordinarily the Law doth disable to transact The Kings only Testimony of any thing done in his presence is of as high a nature and credit as any Record and in all Writs sent forth for dispatch of Justice he useth no other Witness but himself viz. Teste me ipso Of the Kings Succession to the Crown of ENGLAND THe King of England hath right to the Crown by Inheritance and the Laws and Customs of England Upon the Death of the King the next of Kindred though born out of the Dominions of England or born of Parents not Subjects of England as by the Law and many Examples in the English Histories it doth manifestly appear is and is immediately King before any Proclamation Coronation Publication or Consent of Peers or People The Crown of England descends from Father to Son and to his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of Brother to the Sister and her Heirs The Salique Law or rather Custom of France hath here no more force than it had anciently among the Jews or now in Spain and other Christian Hereditary Kingdoms Among Turks and Barbarians that French Custom is still and ever was in use In Case of descent of the Crown contrary to the Custom of the descent of Estates among Subjects the Half Blood shall inherit so from King Edward the Sixth the Crown and Crown Lands descended to Queen Mary of the half blood and again to Queen Elizabeth of the half blood to the last Possessor At the death of every King die not only the Offices of the Court but all Commissions granted to the Judges durante beneplacito and of all Justices of Peace If the King be likely to leave his Crown to an Infant he doth usually by Testament appoint the person or persons that shall have the tuition of him and sometimes for want of such appointment a fit person of