confirmed Henry the 7th had his Negative Voice the thing those Seditious discontented Grumblers so much repine at maintained asserted for his undoubted Prerogative It is at present by the Law of ‖ 12. H. 7. 20. 7. H. 7. 14. his Time no Statute if the King assent not A Prince beloved and favoured only because he was their King who tho he had as many subsidies granted more than any before him His Subjects you see never thought it a Grievance then to contribute to their Soveraign's being Great but acknowledged his Supremacy even under their greatest pressure His Extortion upon penal Statutes * Vid. 4. Inst Baker page 248. Historians call and the Law the most unjustest way for raising of Money that was ever used yet still had he the Hearts of his People as well as their Purses They thought Rebellion then could not be Justifyed with clamor of Oppression as since by Ship-money and Lone tho levyed by a King whom themselves had Opprest The simplicity of those times made them suffer like good Subjects and better Christians when the refined Politicks of such Authors and a profligate age can tell them now to be Wise is to Rebel I need not tell him who managed Affairs in Henry the †H. 8. Eighth's Time when Parliaments seemed to be frightned into Compliance with a Frown and Bills preferr'd more for the pleasure of the Prince than the profit of the People Their Memberships then so far from medling with the measures of the State that they seemed to take them for their sole Measures so far was then an Order of the House from controuling that of the Board And I can't see that the Peoples * 1 Car 3. Petition of Right has since beg'd away too the King's Prerogative yet it was affirmed for ‖ 25. H. 8. C. 21. Law in this King's Time that he had full power in all Causes to do Justice to all Men. If the Parliament or their Council shall †Plato manage Affairs let them tell me what will become of this Power and Law His Son Edward succeeded him and tho a Minor a Prince whose Youth might have given the People an opportunity for an Encroachment upon his Power and the Subject commonly will take advantage of the Supremacy and that sometimes too much when the Soveraign knows but little what it is to be a King I am sure they were so Seditiously Wise in that Infancy of Henry the Third and yet he had Protectors too as well as this But notwithstanding such an Opportunity for the robbing the Rights of the Crown you shall see then they took the first occasion for the asserting them In the very First year of his Reign it was resolved that all Authoritie and Jurisdiction Spiritual and Temporal is derived from the King but this Republican has found out another Resolution of resolving it into the power of the Parliament And in this very ‖ 5 Ed. 6. c. 11. Reign too it was provided as the common Policy and Duty of all Loving Subjects to restrain the Publishing all manner of Shameful Slanders against their King c. upon whom dependeth the whole Unity and Universal weal of the Realm what Sentence then would the Parliaments of those times have past upon Appeals to the City vox patriae's and a Plato Redivivus upon a Libel that would prove the †Plat. pag. 117. Kings Executive power of War forfeitable and that the * pag. 237. Prerogative which is in the Crown hinders the Execution of the Laws tho I am sure those very Laws are the best Asserters of the Prerogative there next resolve would have been to have ordered such an Author to the Flames by the Hands of the Hangman instead of that Honorable Vote the thanks of the House In Queen Mary's Time too the Law left all to her Majesty tells her all * 1 Mar. c. 2. Jurisdiction does and of Right ought to belong to her In Queen Elizabeth's ‖ 1 El. c. 1. Time what was Law before they were obliged even to Swear to be so Every Member of the House before qualified to sit in it forc'd to acknowledg his Soveraign SVPREAM in all Causes over all Persons And were their Memberships to be modelled according to the Common-wealth of this Plato their Oath must be repealed or they perjur'd Their very Constitution would be Inconfistant with his Supremacy they must manage and Command at the same time they Swear to submit and obey Was there ever a more full acknowledgment of Power and Prerogative than was made to King †Jac. c. 1. James upon his first coming to the Crown And tho I confess they took upon them to manage Affairs in his Son and Successors time yet this was not until they had openly bid him defyance to his Face and actually declared War against His Person then they might well set up their Votes for Law when they had violated the Fundamental ones of the Land yet themselves even in that Licentious and tumultuous time could own ‖ K. Charles his Collect. Ordinanc 1. part fol. 728. that such Bills as His Majesty was bound even in Conscience and Justice to pass were no Laws without his Assent What then did they think of those Ordinances of Blood and Rebellion with which themselves past such Bills afterward so unconscionable so unjust Here it was I confess these Commons of this pernicious Projector took upon them the management of the State their Councils their Committees set up for regulating the Kings Then their †Vid. wil. Prynns Parliam right to elect privy Councellors Pillor'd Advocate that lost his ears as this with his Treasonable Positions should his Head Publisht the very same Proposal in his pestering Prints the very Vomit of the Press to which the dangerous Dog did in the Literal Sense return to lick it up still discharing again the same choler he had brought up before in a Nauseous Crambe A Wretch that seemed to Write for the Haberdashers and Trunk-makers instead of the Company of Stationers that Elaborate Lining the Copious Library for Hat-cases and Close-stools that Will with a whisp whose fuming Brains were at last illuminated for the leading Men into Boggs and Ditches Rebellion and Sedition The Confusion of others only for the confounding of himself ‖ Vid. his Memento to Juncto for the for a King for the †2d his Parliaments Soveraigns Power For the Parliament for the * 3d. his Lords Bishops none of the Lords Bishops or the Buckle of the Canonical Girdle turned behind 〈…〉 every 〈…〉 for nothing but that ONE thing Scribble Compare the power of his Parliaments and his Vnparliamentary Juncto the meer Lumps of distorted Law or Legal Contradiction with the 25th of Edward He first deposes his King and even there then finds his Deposition Treason Their Divine Baxter never baffled himself more with the Bible and the Gospel than this Elaborate Legislator with
pretend to so much Candor and Sincerity that had so little Shadow for such a Pretention His Falshoods look'd as if he designed and thought he could have imposed upon the Government and his God and in spight of Providence to have secured himself from the Justice of that which was established and at the same time made sure of the favor of those that were for undermining it The one was to be blinded with his being Author of the Bishop's Right The other imposed upon with his Penning the Postscript But however he deceives himself the Almighty will still make good his own Word That he won't be mock'd He has denounced express Judgment against a double Heart and the Nation now deserv'd Justice To such a Sycophant With what Face can such a Rumper tell us in the tayl of his Postscript that no Passion or prejudice perverts him against the State of the Kingdom when all know that it 's being thus established not only lost him a place in the Law but disappointed him of being an Irish Judge and thus the virulency of his Pen betrays the truth of His Passion which he would Apologize against with a lye and that it can rise as high as any Furies for as deep a resentment of an esteemed Injury when the Government all the while was far from doing him any wrong But if it should meet with him now I dare swear would do him Right And this is altogether Reasonable the World should know that the best of our Rebellious Male-contents tho' they strive to palliate their Passions and Prejudices against their Governors with a show of being impartial and indifferent that 't is but a meer shadow to could the Fire that Glows within while truly still implacable impatient and impossible to be govern'd and that those that pretend but with Moderation to discommend many things in our Monarchy have nothing in them but the meer Malice and Spirit of Republicans And this will appear from his very first Paragraph that provokes my Pen He lets us know that the Church of England is like to fall into that of Rome * by the unpresidented folly of some of her Sons Fall by a Divine Fate as pag. 8. 9. he makes his Holyness to say for her folly That is as he must mean by Consequence for maintaining a Divine Right For to this purpose says he Sir Robert Filmer's Books were reprinted and others for the same And truly I am so far of this Gentleman's Opinion that the good man the Pope may very likely call it a very foolish thing and laugh at the Doctrine of any Kings Divinity that endeavors to set himself above all Kings so that unkind even to himself and his Friends the Dissenters he unawares ties them up together with the Tenents of the most turbulent Jesuits of the Romish Religion and endeavors with the self same Arguments and Objections to set up the popular Supremacy that those Politicians do the Papal But first only let me beg a postulate or two from him that pretends to be a Christian which an Infidel or Heathen won't deny much less then one that has the Bible for an asserting its belief viz. 1. That power in general without appropriating it to any particular Government is somewhat that is Divine not barely as it is exercised by some Humane Beings below but as it is communicated to such from their God above that is all so and hath it as one of his Attributes any of which is Infinite and adaequate to the Divinity it self 2. That this power is actually communicated to some Being here below for their better Government and Subsistence no Humane Beings but such as desire to live like Beasts can well deny 3. That this part of God's Attribute so communicated to Man from his * Gen. 1. Verse 18. own Mouth Dominion imparted cannot cease to be Divine notwithstanding such a Communication though to a Creature Humane all that understand the least part of Divinity will assert and without any supernatural Illumination even from this natural simile of the Sun's Light can easily comprehend which tho' it dart its rays through almost an Infinite Darkness yet wheresoever they are extended still remain Light neither is his own by the Kindness of such a Communication the less So that taking it for granted which must be that a power of Government is communicated to us here below by the God that Governs this and all above and this so communicated remains still Divine where-ever it is lodged the Question is reduced only to this Whether it appertains to a Multitude as many or a Sovereign Sole whether with their St. †1 Pet. 2. 13. Peter 't is seated in the Ordinance of Man or the Powers with * Rom. C. 13. 2. St. Paul are ordained of God That this Divine Power and Right is ‖ 'T is probable the consent of the people at our Coronations began first to be used when our Kings came to the Crown by bad Titles as K. Steph. H. 4. R. 3d. and so superfluous when a Successor has one so good the People can be only concern'd in their own Usurpers they put up a good Author tells us Heylin's History Edw. 6. that he was declared their King by the Bishop without the form of asking consent Vide also Mills of Cant. his Catalogue of Honour from thence Heylin has it in Kings he has superseded my Labour to prove by letting us know 't is the Opinion of most of our Orthodox Divines and their Sentiments are sufficient to determine the point especially in Matters to be prov'd from the Bible whose best Explanation one would think must be found amongst those whose Profession it is to expound unless you would imagine the Bishops the better Readers upon the Statute Hunt and his Casuists the most Conversant among the Critiques That this power Divine is plac'd in the People I 'll shew is the Opinion both of some violent Jesuits and the most virulent Phanaticks and their Seditious conspiring in the same sense the most powerful persuasive with me that their Sentiments are Erroneous their Positions a Lye Bellarmine * Bellarmine de Laicis l. 3. C. 6. tells us God has made all Men by Nature equal and therefore the Power is given to the People †Buch. de Jure Regni p. 11. Buchanan tells us That they have the Power and from them their Kings derive their Right ‖ Doleman l. 1. C. 3. Parsons proves Kings have been Lawfully chastised by their Subjects * Knox Hist 372. 343. Knox says Princes for just Causes may lawfully be deposed or bridled by the Nobility * Suarez defen Fid. Cath. l. 3. C. 3. Suarez shows the Power of Deposing a King to be in the Pope or the Common-wealth ‖ Calvin's preface to Instit 2d Edit And Calvin seems for the suppressing the rage of unruly Kings as well as the Ephori did those of Lacaedaemon â€
an Execution of the Law Treason and Sedition it self best silenc'd with the Tongues of the Traytors and the Stroke of Justice But Since we have seen a Most mighty Flourishing Monarchy with these Undermining Maxims of our dangerous Democraticks Usurpt upon by the very dregs of the People tho these Principles of Anarchy and Confusion were Damn'd even by some of those Misguided Miscreants that were of late deceived into an Actual Rebellion a Calamitons War led into a Labyrinth of almost an endless Misery Tho the God of Heaven restor'd us that Government with a Miracle which these Instruments of Hell had undermin'd with Treacherie and Plot tho the promoters of these Principles that procur'd that dismal and utter dissolution of the State for the most part long since expir'd either with a dry Death which the Authors of so much Blood and Misery did hardly deserve or fell Victims to the Justice of the restor'd Monarchy which they might be better said to merit yet still we see their Positions to survive their persons and their Monumental mischiefs more than any Marble must adorn their Tombs The Doctrines of these Devils of Sedition are transmitted to their posterity with as much Veneration and Deference as of old the deliver'd Oracles of the Deities of Rome or the murmering Israelites their Prototypes of Primitive Rebellion and Plot or even themselves do the Decalogue it self And this Asseveration is so far from the Product of Passion that I can prove it in it's several particulars * Junius Brutus Vindiciae contra Tyrannos 1577. Brutus his Vindiciae was only the great Copy and as exactly transcrib'd from his immediate Predecessor in Sedition that Daemocratical Dogmatist de jure †Ficleny de Mag. 1576. Magistratuum Pryn and ‖ Harringtons Oceana Harrington here in our own soil had his †Needham's Merc. Pol. Needham to succeed him or rather as nearly Cotemporaie's to support him in his Political Treason In our next age we are pester'd with a Nevil a ‖ Plato Redivivus Plato i. e. A Plague to any Government that requires a Subjection and the very Subject of our present animadversion a †Sidney's Systeme Sidney his Associate all agreeing in every Syllable in the same unanimous Absurdity the same Seditious Nonsense the same Confus'd Notions of an Anarchy I shall show the Congruity of these Conspirators for I cannot call them less and there cannot be greater Villains than what set up for Common-Wealth's-men under an Establisht Monarchy I will shew their agreableness from their own several Citations in a perfect Parallel of each Politician's particular positions and this work will be most apposite and proper for this place and such a Section where Mr. Sidney must make the Subject a Person that valued himself for his Antimonarchical principles at a time when he was to be * Vid. his Tryal p. 23. Try'd for Treason at ‖ Vid. Paper at his Execution a time when he was to suffer for it too or in his own Phraseology singl'd out as a Witness of the Truth tho some better Subjects might believe it persisting in a great Lye A Person that seem'd to suggest his Salvation his Soul's safety to consist in asserting the Seditious positions of a rank Re-publican as if Heaven it self had been Concern'd for his answering Filmer In short a Person the most Eminent Anti-Monarchist of our present Age and as he says from his Youth fam'd and engag'd for it in the past of a designing Head and a discontented Heart that would have been dangerous even to that Democracy he did adore But as I don't design to write the Life of a person that was the Daedalus of his own Destruction that drew down upon himself an Ignominious as well an unfortunate death and Sacrific'd himself to the Bigotted Sentiments of his own Brain which might have been less dangerous toâ—… to its Natural Head had it not been busied so much about the Nations Politicâ—… Body and might have left behind it a more lasting Monument of its Wit and Parts had it been so happy to be as Loyal as it desir'd to be thought Learn'd and the disgrace will ever supersede the Glory of the greatest parts when it can be said they were exercised only in being so Seditiously Witty I design no personal Reflection on his Name or Family wherein the Exemplary Loyalty of some of his best his Noblest Blood can almost restore and attone for his own 's being tainted and their stedfastness to support the Throne can make amends for his Faction to subvert it and as I should be very loath to give the least offence to the Living so I delight as little to disturb the Ashes of the Dead I am satisfied 't is the most uncharitable as well as it will prove but a rude draught to design upon the dust to disquiet their Peaceful Urnes who are said to rest from their Labours but the same Text tells us too their Works will follow them and 't is those his Principles his Positions I profess to censure and refute tho I am sure this Gentleman and his Hunt have hardly been so Charitably Fair to the Fame and Memory of our Filmer And the first that fall in our way are his first lines that were produc'd upon his Tryal wherein he labours to Vindicate the * Vid. Tryal pag. 23. Paradox of the Peoples right of being their own Judges and deciding the controversy between themselves and their King but tho they are told ten thousand times that this would make the very ‖ Generali Lege decernitur neminem sibi esse Judicem D. 3. 5 1. Party to be the Judge and produce the most preposterous and unequitable distribution of Justice such as a Barbarous Nation would blush at tho both our Common Law and Common Equity tho both the Cannon and Civil provide even against all * Nemo Idoneus testis in resuâ Intelligitur D. 22. 5. 10 Prejudic'd Evidence and must then a Fortiori against a Judge that is so and tho this Equitable process is provided even in Favour of this People yet cannot these perverse implacable Republicans think the same Common Justice necessary in the Case of their very King And then I hope they will allow their Soveraigns Cause to be determin'd by Witnesses as well as their own and then who shall give in Evidence the matter of Fact in which he has forfeited his Trust why they must tell us again the People so that the People forsooth is Party Judge Evidence and all and no wonder then if among the People too we find a pack of Perjur'd Oates's that can impeach their Prince But it is not really the Reason of the thing they so much rely on for that I shall refute anon beyond Answer and Reply unless it be from such as are resolv'd to Rebel against Sense as well as their Soveraign but that which truly determines these dangerous Democraticks is the
Confessor Edmunds Son only being past by because his very being was unknown and so they can only be blamed for not seeking for the right Heir among the supposed Dead Yet when this Edward had found him out he designed both him Vid. Baker Vid. Stow says they did him wrong and always it occasion'd civil War and his Son Atheling for successive Monarchs whose very name imported Hereditary and next of kin as much as our Prince of Wales while the second Harold but usurpt upon him against the sense of the Clergy who even then lookt upon it as a Violation of the Right of the Heir and also of their Holy Rites and tho Harald suggested that Edward had appointed him to be Crown'd Historians say that it was only to make him during the Minority of this Edgar a Regent and not an absolute King and Mat. Paris speaking of Edgar Atheling in the very first Leafe of his History in these very words says that to him belonged the Right to the Kingdom of England and if Birth could then give a Right I don't see how then or now any Power can defraud a Prince justly of his Birth-right And now we 'l begin our Remarks on the Norman Line upon which the very first words of Baker are these There were six Dukes of Normandy in France in a direct Line succeeding from Father to Son and yet this Inquisitive Monarch-maker lays his mighty stress his weighty Consideration on the single Suggestion of Duke William's being a reputative Bastard be it so have we not here the Majority of six to one that succeeded Lineally Legitimately and is not these then like all the rest of their Objections against the Government rather industrious Cavil then real Argument or allowing it still is it not most impertinently applyed to his present purpose to tell us that William the Conqueror was himself Illegitimate and yet succeeded his Father in the Dutchy of Normandy And therefore must we have another Natural and Illegitimate Duke to wear the Crown of England or was the Suggestion only made because they had such a Duke in Readiness that had already run the Popular Gantlet of Ambition and been sooth'd into the Prospect of a Scepter with the false Tongues of Flatterers and Sycophants or else was the Nomination of the Normans to supersede the Fundamental Laws of our Nation And our England a Dependent a Tributary to that Crown before the Conquest these Paradoxes must be reconciled by Miracle before such a ridiculous Instance can pass for Reason or Common Sense or vindicate the false suggester from Folly and Impertinence But even here too his very Assertion fails him and this Pretender to Truth both abuses his Reader with false Application and telling a Lye For this Duke William tho' a Bastard Born was not illegitimated so as to be barred the Crown and incapacitated for Inheritance for it appears as Baker says by many Examples that Bastardy was then no Bar to Succession and by the Canon and the Law of the Church that then obtain'd the Children born before Wedlock were de facto truly legitimated if he afterward espoused his Concubine and this his Factious Assistant Hunt himself allows when the Vid. Postscript p. 53. 55. Wretch endeavoured to Bastardize the Progenitors of his Sovereign and this many Writers say was the very Case of our Duke William whose Father took his Mother Arlotte to Wife afterward The Donation to William Rufus was again clearly Testimentary which might be allowed sure to a Conqueror whose will only gave what his Sword had gotten but however as I observed above in the Westminster and Malembsbury Stow. p. 124. Legatory Disposition of Canutus the Dane where he gave his conquered Kingdom to his Youngest and Norway his Paternal Right to Swayn his Eldest to whom 't was most due so here this Third Conqueror Daniel says he obtained it according to his Fathers will pag. 44. of Old Britain observ'd the same sort of Bequest and left Normandy his Fathers Inheritance and his own to Robert to whom it appertain'd in Reason and Right both these Instances no small Demonstration shewing how the Precedency of Blood even in those days obtained and with those too whom our Factious Innovator would have not to value it for their giving to any Son besides their Eldest what was theirs by Arms is no more than what we our selves do now by Laws and tho the Fewds now obtain and Entailments yet still what 's our own by purchase is unconfined and not ty'd to descend by Primogeniture but at an arbitrary Disposition of the Lord and Purchaser and which is commonly disposed of too by the Father to some of the Younger Sons and a Conqueror that purchases all by Blood and Wounds must needs be allowed as much Liberty as the Miser that obtains it by his Wealth or a Land Pedler that buyes his purchase for a Penny But tho this might be a warrantable Donation yet you may observe as if the donor had not been in it altogether Just so it never at all prospered with the Donee the very Gift it self like Pandora's Box was most fatal to those that received it a Vice like Virtue is oft a Punishment to it self as that other a reward the not suffering the Crown to descend by entail entailed what was worse a War and both Brothers assault the Testamentary Usurper at once as looking upon it notwithstanding the specious pretext of a Will but a plain wrong and where this prejudiced Historian makes this Rufus to rely on the consent of the Nobles for the Confirmation of his Fathers Will 't is evident he only called them together that by Largesses and Corruptions fair Words and Promises he might win them from assisting his Brother Robert whose Right he feared notwithstanding the advantage he had by his Fathers Will might make the Game that he had to play more than even or give Robert the better by their deserting this Rufus And that notwithstanding all his Artifices they did and Odo Bishop of Bayeux leads the dance and notwithstanding says Paris that he was their Mat. Paris An. 1088. last Edition London crown'd King their sworn King and they must be perjur'd for it they raised a War against their King William and set up Robert the First-Born for their King all declaring the Right belonged to him and this the Opinion of several of the Nobility Lords Spiritual and Temporal Persons alway I fancy qualified to recognise a Right if Religious or Lay-Judges could decide it and so well assured were they of the goodness of the Cause that they Veruntamen postea Nobiles fere omnes c. conspired for it rebelled and were banisht for it success not always attending a good Title no more than it can Justify a bad And at the last the most unfortunate end of this Testamentary Prince may serve somewhat at least to discourage the Religious from invading of a Right tho it may not
whom they had preposed for their Head And well might they distrust the Councils of such a State that while they pretended the Reformation of Religion could chop off the Head of the most zealous Reformer and as Baker calls her Page 284. one of the first Countenancers of the Gospel make her Issue spurious that was like to and afterwards did prove the most Protestant Princess and all this but to please a Lididinous King that could make her suffer for his constant Crime Inconstancy when that too was so little prov'd and her Innocency so much whatever prospect these pretenders of Reformation Papists were then Martyr'd for opposing their Kings Supremacy Protestants the Mass a sort of Parliament persecution destroying both Witness the 6 Articles set forth in 31 of his Reign Burnets Abridgment pag. 157. Viz. The Protestant Queen gave to the Princes of the Empire that they should think of making the head of this dissembling Parliament that of their League too I am sure they must all of them as Oates did when he took the Mass the Sacrament for his Religion only pretend it and tho they made the World and Forreign Princes think well of their affections to Reform tho they had excluded the Pope still they and their King could remain Papist's and a Reverend Author that has had the thanks of the House says that a Parliament was Summon'd that was resolv'd to destroy her so that we see a Parliament could then contrive to make our Nation signifie so little abroad and that our present King without one signifies so much that he stands the sole Arbitrator of War and Peace and Europe only debar'd of the benefits of it by the very Faction that upbraids the Government with its being disesteem'd and this Noble Traveller not only taken the Liberty to Lye with Fame but given Fame it self the Lye After he has Thunder'd out his Anathema's Page 20. against the State in the Jargon I recited above of Evil Councellors Pensioner Parliament thorough pac'd Judges which still the most malitious Soul can't allow to be the true Reasons of our Maladies and Distempers But however the State Negromancer with his Rosacrucian the Doctor knew these terrible Names with the Populace are swallow'd like his Pills without chawing and which they understand no more than his Catharticks with which they are compos'd with that unhappy effect too that they can no more discern the bitter cheat when these Prepossessions are got into the Guts of the Brain then that of the drug when in those of the Belly but like Persons absolutely possess'd rave and rail only with the same words that are dictated by their Devil yet after all this and having Libel'd Courtiers that contrary to the true meaning of the Law as well in this Kings time as in that of the Late they have got Parliaments Dissolv'd Vid. p. 20 21. Plato Red. Proroug'd for the keeping of the Governments Life and Soul together after all these Seditious suggestions still he defines but Negatively that none of these are the Causes but the effects of some Primary Cause that disturbs it but I am afraid this Primary Cause to him is yet an occult one unless the Discovery of our late Plots has so far illuminated his Understanding as to disclose it or he consulted his Doctor for his Diagnosticks and got him to make a better Crisis and Judgment of the distemper of the State But for those Acts by which he thinks his Majesty is oblig'd to call a Parliament for the Triennial one I think runs with a Clause and a Proviso that it may be oftner call'd and within the Term if occasion be and pray who shall be Judg of that occasion the King who calls them or the People who would be call'd and what if it be Judg'd an occasion not to call them at all the Preservation of the Prerogative may as well exclude the force of this as some new Emergencies which themselves plead for upon a necessity and for the Common-wealth and Peoples Benefit and Advantage can Invalidate others but for that obligation and Law for the Parliaments sitting in the late Kings time that which he would truly have reinforc'd is their Page 21. being perpetual again and not to be dissolv'd but for that I think he need not perswade the Courtiers to Address or be so bold to Petition himself unless he would tell his Majesty they must again have the Militia they must fight once more against his Person for the sake of his Authority and sit taking of Covenants and Associations till they have taken off their King But after our English-man has been so tedious in his Impertinence so Fulsom in his Complement that the Venetian is forc't to condemn his troublesome Civility that is our Author begins to be asham'd of himself Why then we come to know that before this great Secret that occasions our Disquiet can be disclosed before we can come to know the Distemper that disturbs our own We must Discourse of Government in general and for the Original of it the Gentleman is resolv'd to doubt And why Because this Government must be Antecedent to such Authors as could give us an account of it and the matter of History as I suppose he must mean did occur long before they could get Historians to transmit it to Posterity as for particular Governments he is forc't to allow the Knowledg of their Originals to be possibly transmitted and truly that he might well in Civility consent to what in Modesty he could not contradict and Rome and Athens will be found what they were in their Primitive State so long as we can find Authors Plutarch Florus Paterculus c. that can tell us of a Romulus a Theseus for their Founder But when the Gentleman is so cruel to himself as to keep close to the Text that there is no Origen of Original Primitive Government known for in truth these last mention'd might be Modern and I believe that Rome and Athens were never heard of when Sodom and Gomorrah were burnt with Brimstone then he is forc't to give himself the Lye and the word of Truth it self God and the Bible and that he does in excepting Moses from the number of those that had the Help and Information of any Constitution Antecedent as the Founders of the foremention'd Monarchies that were Establisht so long after might well be supposed to have had for their Instruction and yet does that sacred Penman inspired by God himself almost Coaeval with the World give us a clear account of all Original Government from the time that there was a Man to Rule or a Beast to be governed and that too of an absolute Monarchical Empire So that all what the sublime Speculations of this refin'd Politician can cavil at is only that we can't give him an account what was done before Adam what truly was the Constitutions of their Government and whether the Prae-Adamites liv'd like our
from this Authority they can have no proof and from Wise Men can be gathered nothing but such as were Noble or chief of the Realm for the meaner sort and that which we now call the Commonality were then far enough from having any great share of Learning or common Understanding and then besides these Wisest of the People were only such whom the King should think Wise and admit to his Council far from being sent by their Borroughs as elected Senators King Alfred had his Parliament and a great one was held by King Athelstan at Grately ' which only tells us there were Assembled some Bishops Noble-Men and the Wise-Men whom the King called which implies no more then those he had a mind should come But the Antiquity of a Parliament or that of an House of Commons is not so much the thing these Factious Roll and Record Mongers contend for 't is its Superiority Supremacy and there endeavours to make them antient is but in order to the making their Power Exorbitant and not to be controul'd by that of their King whom in the next place this Re-publican can scarce allow the power of calling them at his Pleasure and dissolving them when he pleases But so great is the Power of Truth and the Goodness of the Cause he Opposes that he is forc't to contradict himself to defend his Paradoxes For he tells us the King is obliged with an hear-say Law which his learned in the Faculty and Faction can't find out yet Page 111. to call Parliaments as often as need should be that is they think fit And also not to dissolve them till all their Petitions were answered that is till they are willing to be gone But then will I defie the Gentleman to shew me the difference between this their desired Parliament and a Perpetual sitting do not these industrious Endeavours for such a perpetuity of them plainly tell us 't is that 's the only thing they want and that they are taught experimentally that that alone run the three Kingdoms into absolute Rebellion and ruined the best of Kings and can as certainly compass the Destruction of the present But I 'll tell the lump of Contradiction first the words of our greatest Lawyer and then his own Cooke says none 4. Insti 27. 2. 1. Inst Sect. 164. can begin continue or dissolve a Parliament but by the Kings Authority Himself says that which is undoubtedly the Plato Red. page 105. Kings Right is to call and dissolve Parliaments 'T is impertinent to labour to contradict that which he here so plainly confutes himself the Statesman being so big with his Treasonable Notions so full of his Faction that his Memory fails him makes him forget his own Maxims and makes his subsequent Pages wrangle with the Concessions of those that went before His next Observation is a perfect Comment upon his Text that had in it implicit Treason before he tells us in Justification of the Barons Wars which all our Historians represent as a perfect Page 107. Rebellion That the Peers were fain to use their Power and can he tell me by what Law Subjects are impowred to Rebel He calls it arming of their Vassals for the defence of the Government That Bill by which they would have associated of late that I confess had it past into Act would have made Rebellion Statutable And they themselves must indeed have had the Sovereign power when they had gotten their Sovereign to suffer himself to be sworn out of his Supremacy they might well have armed their Vassals then when they had got his Majesties leave to commence Rebels and Traytors for the Protection of his Person and the Preservation of his Crown and Dignity But these humble Boons were no more than that Bill must have begged and these kind Concessions no more than was expected from the Grant of a King so Gracious a Petition that might well have been answered like that of Bathsheba's by bidding them ask the Kingdom also The Barons standing in open defiance Ibid. page 108. to the Laws tho they stood up too so much for them He calls the Peers keeping their Greatness and this is the Sovereign Power the Rebel would have them again set up for to be great in their Arms as well as Quality and demand with the Sword again the Prerogative of their Kings and the grant of the Regalia which in their preposterous Appellations was abused with the pretence of priviledge and right and which the force of the Field can soon make of the greatest Usurpation and wrong But in the very next Page 't is 109. expounded clearly what has may and must be done in such Conjunctions that is to your Arms. He tells us after they had obtained the framing of their Charters and I think they were as much as the most condescending Monarchs could grant or the most mutinous malecontents require Then arose another grievance unseen and unprovided for This was the Intermission of Parliaments which could not be called but by the Prince and he not doing it they ceast for some years to be Assembled if this had not been speedily remedied The provoking Rebel for certainly he is as much so that Animates a Rebellion as he that is actually engaged in it and is by Law so declared tells us the Barons must have put on their Armour again and 25. Ed. 3. Plat. pag. 109. the brisk Assertors of their Rights not have acquiesc'd in this Omission that ruined the Foundations of the Government After all the kind Concessions of the Prince the putting him upon that which was the taking away of the very remains of Royalty puts me in mind of one of our late Expressions of a popular Representative that could declare in open Assembly as attested by some of the very Members of it that tho this their Bill of Exclusion were past which was more we see than the most mildest Monarch could grant or even our House of Peers sure the better part of our Nation could in Modesty require yet still there was more work to be done and a Reformation to be made in the Church as well as the State The Patriot was prepared to lanch out in such kind of Extravagancies and told the truth of the Plot before his time had not calmer Heads interposed and cool'd his hot one into common Sense Several of the Speeches spoken in Parliament for which its Publisher deserves to be Pillor'd if not Authentick and True and brought before them on his Knees at least for his Presumption if they are it being here as Criminal to Print Truths at all times without an Imprimatur as 't is to tell it without leave even in several of those Speeches Publisht in that Paper I reflected on in the beginning where the Pedantick Author has exposed me in the Tail of his History that lookt like the Narrative of a Rump History of the Association Printed by Janeway there are as bold Expressions of
but of our own Soveraign's Father and that only because he could not Dissolve them but had in effect signed his Destiny with their Bill of Sitting during the Pleasure of the two Houses Base Hypocrites 't is not a Parliaments Sitting you contend for but the Sitting of such a Parliament that good honest Parliament the late long and healing one which their virulent Villains Libelled for Popish Pensionary perhaps because it would not take the Peoples pay long enough might that have been discontinued or Prorogued wen ever heard then of the Statutes of Edwards and the Triennial Acts but their Pens were employed then to prove even that Dissolution that discontents them now so much 'T is not above Eight years since their * Vide Considerations upon the Question London 1677. The dissolver The Letter of my Lord Shaftsbury Pamphlets would demonstrate a Parliament dissolved for being but for Fiveteen Months Prorogued and were we but assured of having such another the Press had never been pestered for the calling one with their impertinnent prints nor any Petitions prefer'd for their Frequency Would you perswade the World your purses are so full so free too that you long for a Subsidy to fill up the Kings Dissembling Souls the Parliament they clamour for can proceed from nothing else but a presumption of one to be their Patrons to patronize all their Irregularities and Refractoryness to the State to countenance all those gross abuses they put upon the Government they told us this to our faces and Menaced men to make them fear them Is this the way to have them Convened to make them formidable For Gods sake can you credit that honorable Assembly with making them the pretended Abettors of all your Scandalous Actions The only felicity we have in such a Senate 's sitting is That the King must summon them to sit they are Rebels by a ‖ 35. Ed. 3. Law if they convene without they must meet and Associate and the Kings happiness consists in his being able to Dissolve and Discontinue And this furious and indefatigable Scribler might have omitted the mentioning of those †4. Ed. 3. c. 14. Statutes they have beaten so bare been baffled in so much and may now blush to bring upon the Stage but he shall have his answer here to this too That nothing of Mr. Hunt's like his managed Mungrel * Vid. Courantier 4. Volum Numb 30. Julian may be call'd Vnanswerable For the First it is the 4th of this ‖ 4. Ed. 3. c. 3. 14. Edward And I confess in as few words That a Parliament be holden once every year and more often if NEED BE. It is all the Letter of the Law and every Line of it But they might as well tell us too that before the Conquest and for some time after Parliaments were held three times in one year They had then their Easter Parliaments their Whit-sunday Parliaments their Christmas Parliaments but they know then that they were but so many Conventions of that Nobility and Clergy their King should please to call And which they did Arbitrary at their Will more frequently or less as they thought convenient and the †Mirror C. 1. Lib. 3. Books tell us they many times were held but twice a year now if these Gentlemen will tell us so much of old Statute Laws why should not Custom which is Resolved by the very Books to be the * Le common Ley est common Usage Plowdens Com. 195. Common decide the case too for the King as well as the other which is their own must for the People and then we find Our Kings had the sole power of Convening Parliaments by a long prescription of whom where and as often as they pleased Are not all our Judicial Records Acts of Parliament Resolved to be but so many Declarations of the Common Law and that by all our Lawyers even concerning the Royal Government which they make the very Fundamental Law of the Land and tell us ‖ Dr. and Stud. 2. c. 2. lib. That by Common Law is understood such things as were Law before any Statute by general and particular Customs and Maxims of the Realm Now if Statute must be but Declaratory of these Customs of the Kingdom how can it be concluded but that such Acts as directly contradict any of them must be absolutely void for by the same Reason that they can with a Be it enacted void any part of it they may the whole With the same Reason that they can invade any part of the Prerogative of their Prince which the * 2d part Inst 496. tells us so in terminis By the Common Law it is the Kings Prerogative quod nullum Tempus occurret L. Coke Lit. p. 344. Book tells us is the principal part of the Common Law they may abolish the whole make Killing no Murder and except Persons from the Punishment of Treason Does not this Common Law it self void any Statutes that are made against the Prerogative of their King Was it not in this very ‖ Stanfor l. 2. 101. Edward the 3ds time that it was so Resolved even to the nulling three several Acts that put Pardons out of the Princes power The boldest of these Anti-monarchical Zealots cannot deny but that by the Common Customs of the Realm it always was Our Kings undoubted Prerogative to call and dissolve their Parliament when they pleased Chronicle confirms it * Speed 645. Inst 27. 2. Law Resolves it may practice for ever maintain it Now I cannot see why these Statutes that contradict the Customs of the Realm in determining their King to call Parliaments which the Common Law hath left at his Liberty should not be as much void as †2. Ed. 3. c. 2. of King's not pardoning Felons so Also 4. Ed. 3. c. 13. The Conffrmation of that other others that upon the like Reasons have been Resolved so And if the Common Law can avoid any particular Act of Parliament against the Prerogative of the Prince as we see it did more than one If Stanfords Authoty be Law then the Conclusion is unavoidable That for the same Reason it can any or all And in my poor apprehension that Act it self of the late Kings which reasonably repeals that of his * 16. Cap. 2. c. 1. that repeals 16. Car. 1. c. 1. Martyred Fathers that Act with which these reproachful fellows upbraided in their prints their deceased King is so far from countenanceing their clamorous Cause that it corroborates and confirms our own Case for it tells us the very Reason of repealing those Statutes To prevent intermission of Parliaments And what is that but what we say the Common Law would of it self void ‖ Vid. Preamble to 16. Car. 2. c. 1. an Act as they say in derogation of his Majestys just Rights and Prerogative inherent in the Imperial Crown of this Realm for the Calling and Assembling of Parliaments Nay they tell us
runs all in the sole Wil of the King Charter it self their Act of Liberty they so much Labour in that not the meanest Subject can be Try'd or Judg'd unless it be by his Peers Equals much less so mighty a Monarch that has none and a Fortiori then with lesser Reason by those that are his own Subjects so far from being his Peers or Equals that they are together his Inferiors which has made me think many times these preposterous Asserters of so much Nonsense these Seditious Defenders of those Liberties they never understood did apprehend by the word Pares in the Law not the common Acceptation of it in the Latin but only the abused Application of it of our own English only to our House of Lords And conclude the King might be Judg'd by those we commonly call PEERS because they sit in that Honorable House and at the same to be Judg'd according to Magna Charta that all Judgements be per pares But does not each Dunce and every Dolt understand that the very Letter of the Law looks after this only that every Person be tryed at the least by those that are of his own Condition and that in the Legal Acceptation of the Word every Commoner of the Lower House nay every one of their Electors is as much a Peer as the greatest Person of the House of Lords In short they must put some such silly Seditious Exposition upon the plainest Letter when they pretend to Judge their King or else from the very Law of their own Liberty they labor in allow that their King has no Judges In that Act against Appeals that was enacted in the time of Henry the 8th 24. H. 8. c. 12. the very Parliament upon whom the People and even these Republicans so much depend tells us even in the very Letter of that Law That it is Manifest from Authentick History and Chronicle That the Realm of England is an Empire That its Crown is an Imperial one That therefore their King is furnish'd by the goodness of Almighty God with an intire Power and Prerogative to render and yield Justice to all manner of Folk in all Causes and Contentions This by solemn Act is declared of their King this Excludes the People from Judging of themselves much more their Soveraigns This the Resolution of a popular Parliament they would make even the Supream and this by them resolved even in Opposition to that Popery these Panick Fools so much and so vainly fear Do not the Books the best Declarations of the Law let us understand that which they against the Resolutions of all the Law it self would so foolishly maintain that it was resolved in Edward the 4th's time That the King cannot be said to do any wrong and then surely can't be Judg'd by his very People for doing it when impossible to be done and was not this the Sense of †Vid. 1. Ed. 5. fol. 2. all the Judges and Serjeants of the time to whose Opinion it was submitted was it not upon the same Reason a Resolution of Si Le Roy moy disseisit pur ceo que Le Roy en le ley ne poit moy disseisir il né serrá appell disseisor mes jeo sue mis a petition à Roy. 4. Ed. 4. 25. 13. the Law in Edward the 4th's time that because the Soveraign could not be said to injure any Subject therefore the Law never looks upon him as a disseisor a disposesser of any Man 's Right and all the remedy it will allow you is only Plaint and Petition Does not my Lord Coke himself that in several places is none of the greatest Assertor of the Right of the Soveraign fairly tell us * Coke Comon West 1. 2. Inst p. 158. least it should be vainly fear'd they should reflect upon the King 's own Misgovernment all the fault should rest upon the Officers and Ministers of his Justice Does it not appear from the ‖ Stat. to pursue suggestious 37. E. 3. c. 18. 38. Ed. 3. c. 9. Statutes of Edward the third that notwithstanding the strict Provision of the Charter for the Tryal by Peers that the King was still look'd upon as a Judge with his Council and Officers to receive Plaints and decide Suggestions and tho that and the subsequent of the next year provide against false ones yet it confirms still the power of the King to hear and determine them whether false or true Have they not heretofore answered touching Freehold even before their King and Council and a Parliament Parl. Glocester 2. Ric. 2. only Petition'd their Soveraign with all Submission that the Subject might not be summon'd for the future by a Chancery Writ or Privy Seal to such an Appearance but this they 'll say was the result of the Soveraigns Usurpations upon the Laws of the Land of a King Richard the 2d That did deserve to be deposed Brief History of Succession p. 7. as well as the Articles of his Depositions to be read †Plato Rediviv p. 116. 234. a King that forfeited the executive Power of his Militia for prefering worthless People and was himself of little worth or as the most Licentious and Lewdest Libel of a longer date has it †a King that found Fuel for his Lust in all Lewd and uncivil Courses Now tho March Needham Merc. Polit n. 65. Sept 4. 1651. we have the Authority of the best of our Historians for the good Qualities of this Excellent tho but an unhappy Prince and who could never have fell so unfortunately had his Subjects served him more faithfully tho Mr. Hollinshed Hollinshed 3d. Vol. Chron. F. 508. N. 50. tells us never any Prince was more unthankfully used never Commons in greater wealth never Nobles more cherish'd or the Church less wrong'd and as Mr. How has it in Beauty Bounty How 's Annals p. 277. and Liberality he surpassed all his Predecessors and Baker the best among our Moderns says there were aparent in him a great many good Inclinations that he was only abused in his Youth but if he had been Guilty afterward in his riper Age of some proceedings these Republicans had reason to reproach I am sure he was Innocent of those foolish Innuendo's those false and frivolous Accusations for which they rejected him viz. for unworthiness and insufficiency Vid. Trussel in vit R. 2. when he never appear'd in all his Reign more worthy of the Government than at the very time they deposed him for being unworthy to Govern But whatever were the vices of that Prince with which our virulent Antimonarchists would blast and blemish his Memory yet we see from the President that is cited the Sense of his Subjects Parl. Glocest did not then savor so much of Sedition as insolently to demand it for their Privilege and Birth-right which without doubt they might have pretended to call so as much as any of those the Commons have since several times so
be their Kings Judges that they can not absolutely Judge of the mere Right of a meum and tuum among themselves Several other Instances both the Books Rolls abound with that Evidence our Kings the only Judges of the Law in all Causes and over all Persons for in the 13th year of the same †13. R. 2. Richard the Second the Commons Petition'd again the King that his Council might not make any Ordinance against the Common Law and the King Graciously granted them but with a salvo to the Regalities of the Crown and the right of his Ancestors The Court of Star Chamber which the worst of times Abolish'd and my Lord Coke makes almost the †It is the most Honorable Court the Parliam excepted that is in the Christian World of Honorable Proceeding just Jurisdiction A Court that kept all England in quiet Coke 4 Inst p. 65. and so it did till abolish'd by the Tumults of a Parliam best of Courts had heretofore Cognizance of property and detèrmin'd a Controversie touching Lands contain'd in the Covenants of a Joynture as appears in the Case of the Audleys Rot. Claus 41. Edward the 3d. There the King heard too a Cause against one Sir Hugh Hastings for with-holding part of the Living of the poor of St. Leonard in York as is Evident from the Roll. 8. Edward 4. p. 3. And tho the Proceedings of this Court were so much decryed by those that clamor'd so long for its Suppression till they left no Court of Justice in the Land unless it were that of Blood and Rebellion their High one tho the King in his giving year was so gracious that he made the very Standard An. 1641. page and rule of his Concessions to be the very request of his People and gratified them in an Abolition of this Court establish'd by the Common-Law ‖ Coke 4. Inst C. 5. and confirm'd afterward per †3. H. 7. c. 1. Act of Parliament yet ‖ Cambden Britt 130. Cambden our Historian as well as our Coke our Lawyer could commend it for the most Honorable as well as the most Ancient of all our Judicatories and if they 'll have the Reason Why it treated of Matters so high as the Resolution even of Common-Law and the Statute it may be told them in the weighty Words of their own Oracle Because the King in Judgement of Law as in the rest also was Coke 4. Inst p. 65. 63. ne dignitas hujus Curiae vilesceret always in that Court and that therefore it did not meddle with Matters of ordinary Moment least the dignity of it should be debased and made contemptible and tho by the gracious consent or rather an extorted Act of Grace the late King was forc'd to forego it yet the Proceedings of some Cases there may serve to show what a power our Kings had and ought to have in all manner of distributive Justice Several other Citations I could here set down to prove the Subjection of the very Common-Law to the Soveraign Power as Henry the Sixth superseding a Criminal Process and staying an Arraignment Verney's Case 34. H. 6. Rot. 37. for Felony Henry the Seventh's that debar'd the Beckets by decree from pursuing their suit for Lands because the merits of the Cause had been heard by the King his Predecessor and also by himself before but these will abundantly suffice to satisfy any sober Person that does not set himself against all assertors of his Soveraigns Supremacy And then if Custom and Common Usage which Plowden in his Commentaries is pleased to call the Common-Law lies in many Cases Subject to the Resolution of the Supream Soveraign no doubt but the Statute the result of his own ‖ 'T is that which gives them Life as I have shown before and makes them any thing besides waste Paper And the Judicious Hooker in his politicks seems to be of the same opinion when he says Laws take their force not from those that devise them but from the power that gives them the strength of Laws Sanction must of necessity submit and acknowledge a subjection to the same Power and that I think we have sufficiently prov'd already upon several occasions both from the Letter of the Laws themselves and our little light of Reason both from Arguments and †The seven Kingdoms of the Saxons had all their Laws made by their 7. several Soveraigns of which confuss'd number the Confessor cull'd out the best and call'd them after his own name St. Edward so did also the other Saxon and Danes Kings their own after theirs as you see in Lambert's Book of Laws Laws that have evidenc'd their own Resolutions to be reserv'd to the King and that we had Kings long before the Commons Commenc'd Conven'd or Concur'd in their assent to such Laws 'T is prodigiously strange to me that these mighty Maintainers of the Peoples Legislative and their Judicial Power eeven over their own Soveraigns cannot be guided by those very Laws they would have to govern their Kings thus you shall see a Needham a Nevil or a Sidney amongst our selves in all their Laborious Libels that the drudges of Sedition who seem to verify the Sacred Text in drawing Sin it self with a Cart-Rope in all that they tugg toil and labour in you seldom see that they cite you so much as a single Statute on their side or if they do only such an one as is either Impertinently apply'd or as Industriously perverted And in the same sort does the Seditious Scot Buchanan and the rest of the Books of their discontented Demagogues that ‖ Omne malum ab aquilone Northern Mischief that threaten'd us always with a Proverbial Omen till averted of late by the Loyalty of their latter Parliaments that have aton'd even for the last age and the perfidiousness and Faction of the former those all in their Libels hardly Name you so much as one single Law of their Nation to countenance the Popular Paradox the pleasing Principle of the Peoples Supremacy which the poor Souls when prescrib'd by those Mountebanks of the State must take too like a Common Pill only because 't is gilded with the pleasant Insinuations of Natural Freedom Free-State Subjection of the Soveraign Power of the People and all the dangerous Delusions that lead them directly to the designs of these devilish Republicans i. e. a damnable Rebelion whereas would they but submit their Senses to the Sanctions of the Laws of their several Lands their Libels they would find to be best baffl'd by the Statute Books as well as their Authors to be punisht by them for their Publication 'T is strange that should not obtain in this Controversy which prevails in all polemical disputes that is some certain Maxims and Aphorisms Postulates and Theorems not to be disputed these determin our Reason even in Philosophy and the Mathematicks and why should not the Laws then in Politicks too and where
Great â—ven he was not depos'd and dispatcht by the suffrages of the people but by a Perjur'd band of Conspirators and Assassinates in the Senate and whom the very people * Plebs statim â— funere ad domum Bruti Cassii tetendit Cinnam per errorem nominis occidet caputque prefixum hastae circumtulit columnaÌ„ parenti patriae statuit in scripsit sacrificare per CaesareÌ„ jurare perseveravit in deonumerum relatum percussoruÌ„ nullussicca morte obiit Sueton. p. 51 52. too pursu'd for the Fact and even ador'd their deceas'd Emperor tho Heathens and their Empire was not Hereditary to the shame of some of our good Christian Subjects that live under a Monarchy that is so acquies'd more quietly under their oppressions of their Lawless Emperors then some of ours under the good Government of their Gracious Kings who as they have often promis'd so have still Govern'd according to Law The depositions and Barbarous Butcherys of some of the Roman Emperors was never an Act of State of the Citizens or the people but the Force and Fury of a Faction in the Army and 't is with that excuse I am sure our Presbyter with his good Excluded Members would wipe his mouth of the Blood of his Soveraign for those were several times ‖ As Nero Claudius Galba Vitellius Otho Vid. Sueton. set up by the Souldiers and assoon pull'd to pieces by those that had plac'd them on the Throne which effusion of Royal Blood was the clear effect of their not claiming it by an Absolute Inheritance of that Blood Royal for those Adoptions they many times made ware of little force against the salutations of a Legion and the powers of the Field and therefore * Unde Apparet ipsos etiam Caesares Juridice damnari coerceri potuisse de jure Magistrat p. 38. that Author when he says even those Caesars were Legally and justly Condemn'd as if the Romans too â—ad once their High Court of Justice abuses â—he world both with a Factious insinuation and in the very matter of Fact In the next place they must consider that if there was such a Contract and Agreement among the People to accept of such an one for their King upon his performance of such Conditions tho I am sure his Deposition or Censure in our Kingdom were never formally annext to the Penalty of the Bond for his Non-performance neither can they show us in all their Charter of Liberties such a Conditional License to Rebel yet yet still it must be supposed the consent of every individual Subject which was somewhat difficult to be compast was required to such an Agreement for upon the first Constitution of our Government 't is certain we had no such Parliaments wherein they could deleâ—ate their Suffrages to some few Representatives and then by the same Reason we must have the Concurrence of all the particular Persons in the Land when we would Judg of the breach of that Covenant upon which all their Ancestors were supposed to have accepted their King And then I think from the Result of their own Seditious Reasoning our Soveraign may sit pretty safely and he rule as Arbitrary as he pleases when it must be carried against him with a true nemine Contradicente and not a single Subject left in the Land to be friend him with his Vote For upon such a conferring off the Supream Power it must be supposed that the several Subjects have bound themselves to one another to suffer such an one to be their Soveraign and made contract too with one another in some such implied Sense that A. confers hiâ— Right to Power and Government upon B. as Supream Governor upon Condition that C. does so too upon the same Person now to put it in the terms of our own Law the Subjects A. and C. here are both mutual Obligors and Obligees to one another and both Obligors to B. the Soveraign Obligee Now 't is certain that A. cannot recal this power he has confer'd on B. without the consent of C. his joint Obligor but iâ— must be with a breach of Covenant to his Fellow Subject as well as of Faith and contract to B. his Soveraign and this mutual Obligation between two to a third will extend as well to two Millions And I hope we may make at length â—he terms of our Law plead Loyally tho I 've heard an eminent Council at the Bar but commonly for none of the best Clyents Assert Loyalty to be nothing else but an adhering to the Letter of the Law with this good Innuendo as if that would contradict the common Acceptation of the word among the Royalists who make it to signifie an Asserting the King's Prerogative whereas in their Law French they would confine the word Loyalty to express nothing else but bare Legality And be it so I believe they 'll be but little the better for the quaintness of the Criticism for I dare avow that he that will be truly legal in their Sense must be as heartily Loyal in ours for nothing we see runs higher the Royal Prerogative then that The King's Prerogative part of the com Law very Law by which they would run it down But to come to the Nature of this political Contract this Stipulation of Monarchy as they would make it which will be better exprest in the Language of a Civilian when the Subject it self is about Civil Government and an Imperial Crown In this Case rhere is also a Convention as they call it of two Parties the Subject and he that is to be the Soveraign one upon such a contract stipulates to Govern the other to obey Now in such Stipulations it is a receiv'd Rule that no man stipulates but for himself and that there is no Obligation arises D. 45. 1. 38. from any one 's promising another Mans Deed so that every single Subject Alteri stipulari nemo potest nemo promitendo alienum factum obligatur Zouch Element pars 3. §. 8. Vid. Inst lib. 3. c. 19. must in Person here as I've said have made such a Subjection to that Authority to which he submitted if this their Convention and Contract with their King can be supposed and then by the same Rule every man must in his proper Person come and retract his Obedience before this Right to Govern can be absolutely Dissolv'd tho 't is the Opinion too of these sort of Lawyers that what is promised by Subjects to the publick which in a Monarchy is always represented in the King can't be revok'd D. 50. 12. 3. by them no not tho they have reason to repent of their promise and if this shall hold him tho without any Consideration or Cause and tho it be but of a Gift to the publick use much more then D. 50. 12. 1. will it oblige him in his promised Faith and Allegiance But here in this Case there is not only a Stipulation between the Soveraign and every
clamored for with Tumult and Insurrection and was indeed more to be condemn'd than any of those Miscarriages the Seditious and Trayterous Assembly that deposed the same Prince did ever His deposers within the 25 of Ed. Coke Treason Object for if their Free-hold can't be call'd their Birth-Right then there 's hardly any thing of Right to which they can be born And yet we see that the King and his Council had heretofore Cognizance even of that as it appears from the Commons Petitioning him against it and his Answer which was That tho he would remand them to the Tryal of their Right by the Law and not require them there to answer peremptorily yet he did reserve the power at the suit of the Party to Judge it where by Reason of Maintenance or the like the Common Law could not have its Course then we may conclude that the judicial power was absolutely in the King and this was also at a time when this Richard the 2d was but a Minor no more than thirteen years old and so this his Answer without doubt by the Advice of the wisest of his Council and the most learned of the Land And for this reason notwithstanding it is provided by that Chapter of the Great * Mag. Chart. 9. H. 3. c. 29. Cap. 14. Charter none shall be Diseised of his Freehold but by Lawful Judgment of his Peers tho the Right was tryed before that sort of Statute by common Law as my Lord ‖ 2 Inst pag. 49. Coke observ's upon it by the verdict of 12 Peers or equal men yet still I look upon the King to remain sole Judge in every Case whether Civil or Criminal for these Peers are never allow'd to try any more than bare matter of Fact and the Soveraign always presides in his Justices to decide matter of Equity and Law And those †The writ of Conviction was the same with an Attaint and that was by Common Law too Coke 2. Inst p. 130. Vid. 3. Inst p. 222. 1. Inst pag. 294. 13. and tho this Judgment is given by no stat yet there are several Stat. that inflict penalty and that even in trespass where damages but 40. sh 5. E. 3. Chap. 7. Vid. also 28. E. 3. c. 8. 3 ◠E. 3. c. 4. 13. R. 2. and several other Stat. in H. 4 5 6 7 8th times about it very Laws to which he gives Life too and whose Ambiguities he resolves themselves also sufficiently terrifie the Jurors from pretending to give their own Resolutions by making them liable to the severe Judgment of an Attaint if their Verdict be found false i. e. to have their Goods Chattels Lands and Tenements forfeited their Wives and Children turn'd from their home and their Houses Levell'd and their Trees pluckt up by the Roots and their Pastures turn'd up with the Plough and their Bodies Imprison'd A sort of severity sufficient one would think to frighten the Subject from assuming to himself to decide the judicial part of the Laws and for this Reason in all dubious Cases for fear of their bringing in a verdict False they only find the Fact specially and leave the determination of it to the King in the Judges that represent him And as this was resolved for Legal even from the Common Usage and Custom of the Land confirm'd as you see by several Acts of Parliament so was it maintain'd also by those very Villains that had subverted the Government it self and violated all the Fundamental Laws of all the Land for when Lilburn a Levelling and discontented Officer a Lieutenant of Oliver's Army was put upon his * Vid. Lilburn's Tryal 24. Oct. 1649. Printed the 28. of November 1649. Page 3. Tryal for Treason only for Scribling against the Usurpation for which he had fought and as he boasted to the Bench to the very butt end of his Musket against his Majesty at the Battel of Brainford and the mutinous wretch only Troubled and Disgusted because he had not a greater share in that Usurp'd Power for which he had hazarded his Life and Fortune when he came to be pinch'd too with that Commission of High Court of Justice himself had help'd up for the Murdering of his Soveraign and his best of Subjects no Plea would serve him but this popular one which the Lieutenant laboured in most mightily that his Jury were by the Law the Judges of that Law as well as Fact and those that sate on the Bench only Pronouncers Ib. p. 121. of the Sentence and truly considering they were as much Traytors by Law as the Prisoner at the Bar he was so far in the Right that his Jury were as much Judges as those Commissioners that sate at the Bench yet even that Court only of Commission'd Traytors and Authoriz'd Rebels thought good to over-rule him in that point and Iermin one of the Justices just as Senseless in his Expression of it as Unjust and Seditious in the Usurpation of such a Seat in Judicature when no King to Commission him In an uncouth and clumsie Phrase calls his Opinion of the Juries being Judges of Law A Damnable Ibid. pag. 122 113. Blasphemous Heresie never heard in the Nation before and says 'T is enough to destroy all the Law of the Land and that the Judges have interpreted it ever since there was Laws in England and That contradicts directly out of their own Mouth the Doctrine of William Pryn of his Parliaments Right to it Keeble another of the Common-wealth-Commissioners told him 'T was as gross an error as possible any Man could be guilty off and so all the Judges even of a power absolutely Usurp'd and wherein they profest so much the Peoples Privilege over-rul'd the Prisoner in his popular Plea 'T is true Littleton as Lilburn observ'd to them in one of his Sections says Littleton Sect. 308. That an inquest as they may give their Verdict at large and special so if they 'll take upon them the knowledge of the Law they may also give it general But the Comment of Coke their own Oracle upon the place confirms the Suggestion I have made of Resolving it into the King's Judges For he says 't is dangerous to pretend to it because if they mistake it they run in danger of this Coke Com. ibid. Attaint and tho the fam'd Attorney General of those times with his little Law was so senseless as to allow it to Lilburn in the beginning of his Tryal tho at another at Reading in that time of Rebellion Prideaux Liburn's Tryal page 17. Ibid. page 123 they made the Jury to be covered in the Court upon that account yet you see those even then the Justices of the Land tho but mere Ministers of a most unjust Usurpation would not let it pass for Law And the Refutation of this false Position is so far pertinent to our present purpose as it relates to prove the Peoples being so far from being qualified to