when Housholds grew to that greatness that they were like to little Commonweales so that Abram out of his own Houshold could raise an Army of 318 Gen. 14.14 then being not only patres familias but in Title Kings they were called by a mixt name of both Patriarchae which signifies Fathers and Kings at length when by the increase of the World many Houses and Towns joyned in subjection to some one Soveraign Power then was pater left out and they were called by that name they now have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Powers or Rulers and thus we had Magistracy begun by God himself in the very cradle of Nature So that our Obedience to Princes is a very material great and important Point of Religion since the Scriptures dictate to us that the beginning of Kingdoms was first lege Naturae after institutione Dei lastly consensu voto populi for though the Israelites demanded a King 1 Sam. 8th yet they asked him to be made by Samuel as the mouth of God and after Samuel had told his Power and Prerogatives over them then notwithstanding all they gave their absolute Assent to yield to him ver 19 and 20th to be their Judge in Peace and Captain in War Whence I pray with me observe that even at the very first settling and constituting Kingly Government the Legislative Power was given to the King he was to be their Judge in Peace and the Militia and Power thereof was then also given to the King he was to be their Captain in War Hence it is that it was said by Bracton cited by Coke 7.11 b. Est Corona Regis facere justitiam tenere pacem c. and again in Coke 7.25 b. that it belongeth only to the King faedus percutere bellum indicere so that to do Justice and preserve the Peace to put a suspention to War by making a League or Truce and to proclaim War is jus Majestatis inter insignia est summa Regis potestas amongst all the signally highest Points of the Kings Prerogative these are only the Rights inherent to the Supream Power of the King and so you have a perfect harmony between Divinity and Law and our Law agreeth with the Law of God And to shew you further wherein it is not dissonant but doth quatuor pedibus currere run upon all four and is fully agrreing with the Law of God mark what St. Peter commands 1 Pet. 2 chap. 13 14 verses Submit your selves to every Ordinance of Man for the Lords sake whether it be to the King as Supream or unto Governours as unto them that are sent by him for the punishment of evil deers and for the praise of them that do well in which words all Believers both Jews and Gentles are disswaded from Rebellion and by St. Peter are admonished and commanded to be obedient to Authority for in these words of the Apostle the Authority of the Magistrate both Supream and Subordinate is fully Established and Justified not by Humane only but also by Divine Right not as a thing brought into the World by the Ambition of Governours that they may have a prae esse a precedency or preeminence above others only but that they should afford their prodesse too and be instruments of good and welfare to the whole Community It is true Civil Government or Magistracy is called by St. Peter Mans Ordinance or humana ordinatio the Ordinance of Man And so it may be said to be Subjectively as being joyned or born by Man or Objectively as imployed amongst Men or Finalliter in respect of the End it is for the Good of all Men. But that Kingly Government may plainly be demonstrated not only to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Creature or Creature of Man but also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Creation or Creature of God let us consult again 1 Sam. 8th ver 21 22. where we have the Prophet Samuel rehearsing the words of the People in the Ears of the Lord. And the Lord saying to Samuel in the Imparative Mood altogether hearken to their Voice and make them a King So we have the word of God Almighty himself expresly for the Constituting of Kingly Government And let St. Paul be admitted to comment upon St. Peter who in the 13th of the Romans 1 and 2. saith Let every Soul be Subject to the Higher Powers for there is no Power but of God the Powers that be are Ordained of God whosoever therefore resisteth the Power resisteth the Ordinance of God and Denounceth no less pain than Damnation to them that resist Therefore as St. Peter adviseth for the Lords sake yea and for our own sakes we are to submit our selves to every Ordinance of Man For as St. Jermin D. and Stud. 32. saith Laws made by Man that hath received Power from God to make Laws are made by God And again Fol. 131. They that regard not the Kings Laws resist the Ordinance of God And as Kingly Government is derived from so it is Defended and Preserved too by God himself In time after the late Usurpers had deprived his Sacred Majesty King Charles the First of Wife Childern Army Friends Freedom and Life and that their Power seemed to be above all Rule Order and Law then it pleased God to still the rageing of the Sea and to put a stop or stay to the Madness of the People and by his secret Power to direct their Hearts to cry out and in their extremities for the Reviving the Laws of the Land both in Church and State to insist upon the having of a free Parliament which in Gods time opened the Door for the letting in of his late Sacred Majesty to his most Miraculous and Happy Restauration God at length shewed the People of this Nation that King Charles the First chose rather to suffer for them than with them for he happily might have redeemed himself to some shew of Liberty if he would or rather could have consented to enslave us he might have avoided that ruine that befell him if he could have been willing to have confirmed many Tyrants over us He that said Touch not mine Anointed and do my Prophets no harm certainly may we say it is he alone that by some secret Power upholds his own Ordinance against the Violence and Machinations of Rebels and Thieves to and from it we may say and acknowledge giving the Praise and Glory to God alone for the same that he is columnarum columna the Pillar that bears up the Pillars he is scutorum scutum the Shield of Protection for the Shields of our Earth And that plainly appears by those Judgments wherewith God hath cut off those that have Rebelled with his own hand from Heaven Korah and his Company Numb 16th for making Head against Moses and Aaron those leaders of Gods People that died not the Common death of all Men but the Earth as weary of such a burthen opened her Mouth and swallowed them up and they went
ADVICE TO THE COMMONS Within all His MAJESTIES Realms and Dominions Written By Jacob Bury Esq An old Indigent Officer for the County of Bedford as a Captain of Horse in the Royal Army of King Charles the First Containing the perfect Harmony Consent and Agreement between Divinity and Law in defence of the Government Established by Law in Church and State And that Kingly Government is by Divine Right Nihil dictum nec scriptum est quod non dictum scriptum prius LONDON Printed by Henry Hills Jun. for Richard Northcott adjoyning to St. Peters Alley in Cornhill and at the Marriner and Anchor on Fishstreet hill near London-Bridg 1685. To the Right Honourable Robert Earl of Ailesbury and Elgin Vicount Bruce of Ampthill Baron Bruce of Wharlton Skelton and Kinloss Lord of the Honour of Ampthill High Steward of Leicester Lord Lieutenant and Custos Rotulorum of the Counties of Bedford Huntington and Cambridge and one of the Lords of His Majesties most Honourable Privy Council c. Right Honourable HAving received some kindness from your Lordship as also from the rest of His Majesties Commissioners of the Peace for the County of Bedford whereof and wherein your Honour is deservedly for your known and well approved Loyalty Summus procerum proximus à Rege the Chiefest of the Governours and the very next under and after the King therefore I thought my self obliged to shew my thankfulness by doing something that might tend to the good of the whole Community In order thereunto I was principally moved to Write this small ensuing Treatise wherein is contained chiefly The perfect Harmony Consent and Agreement between Divinity and Law in Defence of the Government by Law established in Church and State and is plainly demonstrated That Kingly Government is by Divine Right And now my Lord I most humbly beg your Pardon that I presume to prefix your great Name before this Discourse But since there is nothing therein but what hath its Weight and Warrant from the Holy Scriptures or our Authentick undeniable and well approved of Books of Law I cannot but hope your kind Approbation and Acceptance and am very well pleased I have the occasion offered me to let your Honour know how much I am My Lord Your most Humble and very Obedient Servant Jacob Bury THE PREFACE TO THE READER Courteous Reader THis small ensuing Treatise Entituled Advice to the Commons within all His Majesties Realms and Dominions are confessed to be but the Gleanings of an Old Indigent Officer of the Royal Army of King Charles the First gathered from the vintage or the larger and more Fruitful Fields of such Authentick Books of Law c. as are cited by the Author for his Vouchers It was Written in time a little before and is Published in short time after the Demise or Death of the Natural Body of our late most Gracious Soveraign Lord King Charles the Second who to his Glory and Honour in all after Ages to come will be Chronicled Miraculously to have excelled all his Royal Ancestors in Mercy and Amnesty to all his Subjects whatsoever that survive him by whose Prudent Governance and Wise Management of all Publick Affairs the Publick Peace of these Kingdoms was to a Miracle preserved ever since his long expected and for good reasons much wished for Restauration Now blessed be God for it his rightful Successor whom God long preserve hath declared and promised that as he is by Right of Bloud and Act in Law next and immediately to succeed his said dear Royal Brother in the Station God hath placed him that is to say in the Governance of these his Realms and Dominions as our Soveraign Lord and King so he shall always imitate his Predecessor in Clemency and Mercy to his Subjects that however he hath before by Wicked and foul Mouthed Detraction been misreported to have been for Arbitrary Government that he always shall and will do his utmost endeavours for the defence and preservation of the Government as it is Established by Law in Church and State that he will invade no Mans property c. Now seeing that it hath pleased God to take to himself from us our late Gracious Soveraign let us all rest contented and fully satisfied that we have wofully experienced the Mouths of Slanderors to have been always apt to call all things into question but that always also they have been unready to approve of any thing tending to the publick Peace and welfare of the whole Community Therefore believe the Word and gracious Promise of his Sacred Majesty believe not every Idle report neither be moved by vain suggestions least through light trust thou bring thy self into danger and which is more bad be counted a fool Let us all believe that none sprung from the Loyns of King James the First will ever alter the Protestant Religion or the Government Established by Law in Church and State Remember there was this Plea allowed in bar of an Action brought in the late times of Rebellion for that the Plantiff had not taken the ingagement to be true and faithful to the Commonwealth without King or House of Lords Take into consideration also what the Impression and Charecter of the Money Coined at Oxford was in these times and also consider what was the Impression and Charecter of the Money then Coined by the late Vsurpers these matters duly considered will without further Arguments demonstrate what the good Old Cause Men aimed at certainly they aimed at nothing less than the alteration of the Government both in Church and State and in order thereunto it may be said that at the last they Fought neither against great nor small but only against King Charles the First the blessed Martyr of ever blessed Memory Now though it be in these his Majsties Realms and Dominions suffered to every one by Lawful ways and means to desire to aspire to a better private Fortune yet withal it is an Office just in all inferior degrees to bear without grudging the Ordinance and Sentence of their Lot otherwise there would be confusion of all Imperies and Governments if it were suffered to every one to aspire to such liberty as he lusteth after beyond the quality State and condition of a Subject wherein God hath placed him The late Plots proceeded as it were by the publick consent of the Dissenters to the present Government and by incitation of certain Seditious Heads who by their rashness are wont to draw the Commons into commotion that by Poverty are assured they can lose nothing and by their Nature are always desirous of Innovation and being easily filled with vain errors and false perswasions are moved at the appetite of any that will provoke them and be their leaders as the Waves of the Sea are carried and hurried hither and thither with the blasts of the Wind. Therefore every Law was made at the first to no other end but to bridle such as would live without Reason and Law and
to restrain and be a curb to such as will not Conform and be Obedient to those Rules the Law prescribeth requiring their Obedience to the Magistrates Superior Middle and Inferior and as all are to know the Superior is not nor can be subject to the controul of the Inferior In pares est nullum imperium multo minus in eos qui majus imperium habent therefore all Magistrates Subordinate be they either of the Superior Middle or Inferior Rank and à fortiori all other Subjects whatsoever are to be Obedient to their Soveraign Lord the King as Supream qui majus imo maximum imperium habet that hath the greater yea the greatest Command Power and Supream Soveraignty over all his Subjects in these his Majesties Realms and Dominions But as to this matter of the Kings Supremacy in Church and State Here I shall say no more but shall leave all to be further informed as to their bounden Duties therein in this ensuing Treatise wherein is more fully and at large discoursed thereof I remember in this ensuing Discourse also is said citing Sir Edward Coke in 7th Report 7. b. in Calvins Case that every Subject is bound to go with the King in his Wars infra extra Regnum but he is there pleased to add that the Subject is not compellable to go out of the Kingdom without Wages and citeth many Statutes as 8th Ed. the 3d. ca. 7th c. in defence of his opinion I do not presume to contradict him but am satisfied that he sheweth good warrant for what he there Writeth Moreover no considerable Foreign War upon any occasion whatsoever is ever so rashly undertaken but first the King useth to Summon his great Council the Parliament and therein is the Honour Interest and safety of the King and Kingdom considered and Parliamentary Supplies are granted for the defraying carrying on and answering the necessary charges of the War however Sir Ed. Coke denieth not but infra regnum within the Kingdom all are compellable and bound by duty of their Allegiance with or without Wages to serve the Lord the King in his Wars for then if ever that saying is true ad regem potestas omnium pertinet ad singulos proprietas the Power of all Men and all Things they have enjoy or possess belongeth to the King and yet every Mans single property remains and is continued but as may be seen in St. Jermin in his Doct. and Stud. 64. b. The Law doth assign divers conditions upon the Property and that to alter the Property without consent of the Owner if the conditions are not contrary to the Law of God or Reason And nothing is more agreeing with the Law of God nay our Obedience to the King as Supream is commanded in and by the Word of God and nothing can be more agreeable to Reason unless we will simply and contrary to all Reason admit of the Children to give Laws to their Father or Infants Males or Females to give Suck to their Mothers And it is a thing obvious and well known to every Man that knoweth any thing in our Law that every Mans Property and Estates whatsoever by Act in Law are Forfeit to the King for Treason or Fellony for Treason which all and every Rebellion is to the King for ever of what mean Lord soever they are holden for Fellony to the King for a Year Day and Wast and afterwards to the Lord of the Mannor of whom they are holden for ever In my ensuing Discourse to shew what care was made for the preservation of the Royal Rights Priviledges Jurisdictions and Prerogatives and Person of the King I make mention of the Stat. made in the 12. Car. 2di chap. 1. though in the first clause thereof by me mentioned is said That if any during the Life of the Kings Majesty c. I let this stand unaltered though the death of the Natural Body of the late King happened since because that clause thereof was made but in affirmance of the Common Law and the Stat. of 25. Ed. 3. ca. 2. as to the security of the Kings Person and the Government as appears in Mr. Stanford's Pleas of the Crown the first chap. as to the Second and Third clauses thereof the offenders against the Second clause are not only made uncapable of any imployment in Church or State but are also made lyable to such punishments as by the Laws and Statutes of this Realm are to be inflicted in such Cases As to the Third clause thereof every Person offending against the same shall incur the danger and penalty of Premunire mentioned in the Stat. of 16. Rich. 2. ca. 5. It appeareth by Bracton Libro 3tio Tract 2do cap. 15o. Fol. 134o. that Canutus the Danish King having settled himself in this Kingdom in Peace kept notwitstanding for the better continuance thereof great Armies within this Realm The Peers and Nobles distasting the Government by Arms and Armies odimus accipitrem quia semper vivit in armis Wisely and Politickly perswaded the King that they would provide for the safety of him and his People and yet his Armies carrying with them many inconveniencies should be withdrawn hereupon Canutus presently withdrew his Armies and within a while after lost his Crown and the same was restored to the right Owner I mention this matter and have it from Sir Ed. Coke who citeth Bracton for his voucher in his 7. rep 16. b. and withall I desire all to take notice that the Excise by Act of Parliament made in the first Parliament after his late Majesties most happy Restauration was continued to be paid to the late King during his Life Hearth Money was settled upon the late King his Heirs and Successors and was in recompence to the Crown for the dissolution of the Court of Wards and Liveries Customs upon Merchandizes imported and exported this little Book will tell you were all originally payable to the King his Heirs and Successors and that Subsedies granted by Parliament are but an improvement in the improvement of time and trade of the Ancient Customs payable to the Crown and were granted to the late King for his Life as they were from the time of King Henry the 7th granted to all his Royal Ancestors Kings and Queens of this Realm except his Sacred Majesties Royal Father King Charles the First Now mark what Sir Edward Coke more saith in his 7th rep 10th b. Haereditas Principis est successio in universum jus quod defunctus Antecessor suus habuit The Inheritance of the Prince is his Succession unto every Right that his deceased Ancestor had And suppose the Right Heir of the Crown had been attainted of Treason yet shall the Crown descend to him and eo instante without any reversal the attainder is utterly avoided as it fell out in the case of King Henry the 7th as may be seen in 1 H. 7th Fol. 4o. I have laid down before you these matters to let you know that
Illustrious Prince James Duke of York now our Soveraign Lord King James the Second p. 31. CHAP. XI Sheweth that Ignorance of the Law will excuse none and that therefore all Dissenters to the Government in Church and State are advised to Conformity p. 36. CHAP. XII Sheweth that all Subjects owe true Ligeance to their Soveraign though they never were or ever shall be Sworn to the same and is shewed the diversity between Enemies and Rebels then all are advised from Rebellion and is shewed that the King hath no Peer and therefore cannot be judged by his Subjects for his Actions p. 38. CHAP. XIII Sheweth that no Action lyeth against the King but in place thereof Petition must be made unto him and that due circumstances observed the Subject shall have his remedy against the King by way of Petition as readily as one Subject may recover against another Subject by way of Action in any of the Kings Courts for that all his Majesties Subordinate Officers are Sworn to do Justice between the King and his Subjects which if they do not they are Answerable for the injury not the King p. 41. CHAP. XIV Sheweth what inconveniencies happen in the Realm of France through Regal Government alone with the Commodities that proceed of the joynt Government Politick and Regal in the Realm of England And all the Community are herein disswaded by mutinous and Rebellious practises to Disinfranchise themselves p. 43. CHAP. XV. Sheweth how tender this Government Politick and Regal conjoyned is of the safety of the Kings Person and of all his Royal Rights and Prerogatives And that our Law doth not reject Women or Infants in the high point of the Descent of the Crown and that our King holdeth immediately of God to himself and acknowledgeth no Prince on Earth his Superior p. 46. CHAP. XVI Sheweth that all Vnlawful Assemblies or Meetings for the Plotting of harm to the King or the Alteration of the Government are Vnlawful and further sheweth what Misprision of Treason is and that it is the Duty of every good Subject presently to discover Treason p. 49. CHAP. XVII Sheweth that all Writs Process Executions and Commandments are and ought to be in the Kings Name only p. 51. CHAP. XVIII All Freeholders are advised as to what manner of Persons they are or ought to Choose for future Parliaments p. 52. CHAP. XIX Sheweth that the King of England is and always hath been Supream Head of the Church not the Pope p. 55. CHAP. XX. As to the Kings Supremacy is shewed the difference between the Primitive and more modern times herein the Author adviseth all to be at Vnity within themselves and since we are restored to our Ancient Government to give to our Soveraign Lord the King his Dues and desires all to joyn with him in the conclusive Prayer for the Morning Service in our Church Liturgy for the King p. 58. ADVICE TO THE Commons of England c. CHAP. I. Sheweth how things stood at the latter end of King James the First and something is said of the High Court of Parliament AS Noah rendred in the Word of God Gen. 6. and 9. ver to be a just and perfect Man and one that walked with God and that with his Family after the great deluge survived the whole World is fictitiously said to have had two Faces the one looking backward the other forward the one looking upon the World before the Flood the other on the World after the Flood so an old indigent Officer of the Kings Majesties Army King Charles the First of ever Blessed Memory may not improperly be said to have two Faces the one looking backward the other forward the one looking on this Kingdom of England before the late Civil War the other on the same since the said War Taking leave to look backward and to examine how and in what state of Affairs things stood in the latter end of the Reign of King James the First and how the said King Charles the First found things upon the demise of the Kingdom to him upon the death of the natural Body of His said Royal Ancestor I collect out of what I have read long since that about the Ninteenth year of the Reign of the said King James the First in a Speech to his House of Peers he expressed himself that he intended not to derogate from or Infringe any of the Liberties or Priveledges of their House but rather to fortifie and strengthen them for never any King had done so much for the Nobility of England as he had done and ever would be ready to do and whatever he should say or deliver to them as his thought yet when he had said what he thought he would afterwards freely leave the judgment thereof wholly to their House he knew they would do nothing but what the like had been done before and prayed them not to be jealous that he would abridg them of any thing that had been used for whatsoever Presidents in good times of Government could warrant he would allow acknowledging them to be the Supreme Court of Justice wherein he was ever present by Representation But his said Sacred Majesty then inferred that the Priviledges of the Commons which they claimed to be their natural Birthrights were but the favours of former Kings Against which the Commons then protested That the Liberties c. o◠Parliament are the Ancient and undoubted Birthright and Inheritance of the Subjects of England that the urgent Affairs concerning the Kings State and defence of the Realm and the Church of England and the Maintenance and making of Laws and redress of Mischiefs within the Realm are proper matter for Debate in Parliament and that this Debate ought to be free c. And no Member to be Imprisoned other than by censure of the House it self for debating Parliament business and if any Member is complained of for any thing done or said in Parliament the same is to be shewed the King by assent of the Commons before the King is to give credence to any private Information In Counsel afterwards this King expressed that he never meant to deny the House of Commons any Lawful Priviledge they had enjoyed by any Law or Statute by Custom or uncontrolled and lawful President In the Protestation some words viz. arduis Regni are cunningly mentioned but the word quibusdam which restraineth the generality to such particular Cases as his Majesty pleaseth to consult with them upon was purposely omitted Now as to what he is pleased to consult with them upon it is Customary for the King at the first opening of every Parliament in a short Speech to declare to the Three Estates the certain Occasions urged him to convene them on which or the particular Heads thereof the Lord Chancellor or Lord Keeper of the Great Seal of England for the time being more Copiously enlargeth observing those measures the King his Master prescribeth him thô in fewer words for non-observance whereof and for
his Heirs 3 d. of the Pound for all Merchandizes imported or exported by them as is expressed more particularly in the said Charter which is to be found in the Office of the Chief Remembrancer in the Exchequer And this Charter of Ed. 1. in all Points was ratified and confirmed by Act of Parliament 27 Ed. 3. ca. 26 and this is the Original of Pettit Custom so called because this Pettit Custom for Forreign Commodities was accepted by the King when but a small quantity of such Forreign Wares was imported into England for in the time of Ed. 1. and after that in the time of Ed. 3. the native Commodities of England exported were of greater quantity and value by two parts of three at the least than the Forreign Merchandizes imported but now it is quite contrary for at this day the Outgate is less than the Ingate the Foreign Mercery and Grocery Wares c. imported are of far greater quantity and value than our Native Commodities exported 3. Prisage of Wines is also a Custom due by Prescription and parcel of the Ancient Inheritance of the Crown and that the King hath Inheritance in the Prisage of Wines appeareth by the Charters granted to the Citizens of London and to those of the cinque Ports to be discharged of Prisage in all Ports for ever See the Stat. of 1 H. 8. ca. 5. And the Duke of Ormond hath an Estate of Inheritance in the Prisage of Wines in the Kingdom of Ireland by grant of the King and this is the Nature Original and Difference of the Ancient duties payable for Merchandizes which are properly called Customs and are the Inheritance of the Crown 2. Subsedies also are duties payable for Merchandizes exported and imported but are granted by Act of Parliament Dyer 31 H. 8. 43. b. 1. Mar. Dyer 92. a. and are of three divers sorts according to the diversity of the Commodities and are called 1st Aides or Subsedies being granted out of the said Native Commodities to wit Wool Woolfells and Hides over and above the Ancient Custom aforesaid 2dly Tonnage granted out of Wines of all sorts over and above the Prizage and the said Custom of 2 s. on the Tun granted by the Charter of 31. Ed. 1. now called Butlerage 3dly Poundage granted out of all Commodities imported and exported except Wines and the staple Commodities aforesaid and payable by the Merchant strangers over and above the said Pettit Custom 1. These Aides or Subsedies were not of a certain quantity or continuance till to the time of Ed. 6. to which King in the first Parliament of his Reign was granted a Subsedy of 33 s. 4 d. of every Sack of Wool 33 s. 4 d. for every 240. Woolfells and 3 l. 6 s. 8 d. for every Last of Hides exported by Denizons for every Sack of Wooll exported by Aliens 3 l. 6 s. 8 d. and for every 240. Woolfells 3 l. 6 s. 8 d. and for every Last of Hides 3 l. 13 s. 4 d. And this Subsedy was granted to continue during the Life Natural of that King And after his demise or death all Kings and Queens except King Charles the First have had the like grants for Life 2. Tonnage which is a Subsedy out of Wines of all sorts was first granted by Parliament 5th R. 2. where 2 s. of every Tun of Wine to be imported into England was granted to the King for Two years and that was for Maintenance of a Fleet upon the Sea to suppress the Pyrates But after by Parliament 3. Ed. 4. Tonnage was granted to this King for Term of his Natural Life in this manner viz. 3 s. for every Tun of Wines and besides those 3 s. for every Tun of Sweet Wines 3 s. more see the Statute of 12th Ed. 4. ca. 3. And this Subsedy was after granted to H. 8. and Ed. 6th with this Addition in time of Ed. 6th that of every Awm of Rhenish Wine also 1 s. shall be paid and after the time of Ed. 6th this Subsedy of Tonnage was as of course Granted in England by several Acts of Parliament to Queen Mary Queen Elizabeth and King James during their several Natural Lives 3. Poundage which is a Subsedy granted out of all Commodities exported and imported except Wines and the Ancient staple Wares as above and payable by all Merchants Denizons and Aliens is the 20th part of the value of Merchandizes to wit 12 d. of the Pound and was first Granted by Parliament in England 31. H. 6. during the Life of this King which Grant was immediately resumed But after that 3. Ed. 4. this Subsedy of Poundage was granted to the said King See the Stat. 12. Ed. 4. ca. 3. and after the same Subsedy was Granted to H. 8. during his Life and the same Grant was renewed to Ed. 6. Queen Mary Queen Elizabeth and King James during their several Lives by several Acts of Parliament 3ly Imposts or Impositions are the Third kind of Duties payable for Merchandizes and are sometimes Rated and assessed by Parliament and then are in nature of Subsedies and are sometimes imposed by Prerogative Royal to support the necessary Charges of the Crown and then Nihil magis justum est quam quod necessarium est nothing is more just than what is necessary as an Ancient Senator of Rome was wont to say The Impost upon Wines in Ireland was first assessed by Parliaments and limitted to be paid for a certain time of Years which being expired that is now continued there by Prerogative of the King Davyes rep 12. a. It is to be observed from what hath been said that Anciently the Outgate was more than the Ingate and that since or of latter times it is otherwise that the Merchandizes imported do far surmount the value and quantity of our Native Commodities exported which caused the aforesaid Pettit and new Custom to exceed the said grand and Ancient Custom for by continuance of time all the Kings Dominions were much better Peopled and are more Populous at home and in all his Foreign Plantations of latter time acquired and by reason thereof our Lands and the Annual Rents thereof within the Kings said Dominions are much improved and likewise trade by Sea is also much improved as is easily made manifest by the great disproportion of the Rent reserved to be paid for the Customs by the Farmours thereof when last let to Farms and the Rent paid for the same to go no higher in the times of King James and Queen Elizabeth and that wise King Ed. 1. by his said Charter remitted Prizes and by Priviledges Granted to Aliens encouraged them to the more free Trade and Commerce and by consequence there was in after Ages the greater reason for an improvement of the Customs by the best usual and accustomed way of Granting Subsedies for the Lives of our Kings Successively one after another by Act of Parliament Seeing Subsedies themselves are no more than an Improvement in the Improvement of time of
their ill Fortunes comes it blinds their Eyes that they cannot discern it and binds their Hands that they cannot help it making them Instruments against themselves in the Execution of their mishaps His said Majesty King Charles the First was brought into great Streights he meaned well was much pleased in his Parliament and thinking to have preserved the Love of his Subjects thereby he was not so Tenatious as he ought to have been but cared not to lessen himself in the greatest points of his wonted Prerogative thinking he might have been no looser but that he might have gained a Recompence in his Subjects Affections he never bare any touch of Conscience â—ith greater regret than that Matter related to the Death of that Noble Learned and Loyal Earl of Strafford he passed the Bill for the Triennial Parliaments and withal settled that Parliament during the pleasure of the Two Houses then Mr. Lowry one of the Burgesses for the Town of Cambridge writ word to his Wife for Newse that the King had Passed an Act for a Triennial Parliament every year the Fishmonger spake truer than he was aware of for such construction was made thereof by those who intended Ingratefully and Wickedly to take Advantage of his large Concessions that the one with the other amounted to as much as to the Perpetuating that Parliament Whereas he hoped by this Act of high Confidence to have shut out and locked the Door upon all present Jealousies and future Mistakes they intended no less than to shut their King out of Doors and by Colour thereof to Rob and Denude him of all his Royal Power both in Church and State Then the Press and the Pulpit joyned to make the King Odious and all Artifices were used to raise Money for the Raising and Maintenance of their Armies After a Royal Subsedy of 400000 l. they next had Poll Money then after they hedged in an incredible Sum by way of free Loanes and Contributions upon the Publick Faith then the Irish Adventures for the Sale of Lands and the general Collection for the relief of the Distressed Protestants in Iroland brought in vast Sums of Money whereof the Tweentieth part was not imployed to the right use then they had an Imposition upon a Weekly Meal and a Loane from the City after the rate of five Subsedies besides the Five and twentieth part then there was an Assessment for bringing in the Scots besides several Weekly Assessments for their several Armies then they had the benefit of Kings Queens and Princes Revenues Sequestrations and Plunder by Committees and Compositions with Delinquents as they were pleased to call them did arise to such Sums as passed all understanding besides the Excise Fortification Money and vast Sums made by Sale of Bishops Deans and Chapters Lands to be short they Assumed to themselves all the Regalias of the Crown they Seized upon Sword Great Seal and Soveraignty upon the Customs the Militia and all the marks of Majesty nay they did Arrogate to themselves the Legislative and Supreme Power and they wanted not Commissioners of the Great Seal Judges Justices Publicans and all Officers for all Offices whatsoever That for the greatest part of them forsook their good Old Master as Demas is said to have forsaken St. Paul to embrace this present World They wanted not other mighty Advantages for they had all the Tenable places and Towns of Strength both by Sea and Land they had all the Navy Royal they had the Tower of London with all the Ammunition and Arms of the Crown and one Advantage they had exceeded all the rest they had the City of London which may be called the great Magazine of Men and Money where there is a ready supply of all things that may Cloath and make Men Gay and Gallant to put them in Heart and Resolution We with the said King had only this Advantage that we had the Word of God and the Laws of the Land for our Justification together with the great Tye and Bond of our Allegiance all which required our Obedience to the said Kings just Commands but to none other without him or against him in the Point of raising Arms Virgilii Aeneid jamque faces saxa volant furor Arma ministrat CHAP. IV. Sheweth how the King the Loyal Party and the Law suffered Violence GRievous were the various Effects and sad Events of the late Civil War Force was repelled with Force and the Publick Polemical Sword aggregate and made up of all the Ammunition and Arms and Military Strength of the Three Kingdoms the just Indubitable and Inalienable Right of King Charles the First in all his Dominions by vertue of his Royal Seigniory was put into the Hands of the People for the Protection and Security of those then at Westminster from the Law who against Law Ruled not but rather Overruled their fellow Subjects at and after their own Wills and Pleasures and did cut large Thongs out of others Hides to alter the Government in Church and State for no other reason but that they themselves could not be safe under the same they could not be Happy unless King Charles the First were Miserable they could not enjoy their Lives Peace and Liberties but they must first destroy his Friends and afterwards in cold Blood Barbarously Murder him Imparallel'd and unheard of Cruelty Monstrous Impudence and Impiety Killed their King nay their Good and Godly King It went not against their Consciences because he made a Conscience to Deny them what according to good Conscience he could not Grant them I remember in time before the late War above Forty years since in an old Obsolete Author I met with this passage Certant haec duo plerumque invicem inter se Rex populus quorum si vicerit unus personam induit tyranni si vincitur tot millia tyrannorum quot capitum nascuntur Crudelior autem semper est tyrannis multorum quam unius which Englished is That these Two that is to say the King and People do oftentimes Struggle are in Conflict and Strife between themselves of whom if one that is to say the King do overcome then he becomes a Tyrant but if he be overcome thence proceed rise up or take beginning to be so many Thousand Tyrants as there be Heads of Rebels or of single Individual Persons engaged in the Rebellion and concludes that more Cruel is the Tyranny of many than of one The whole truth of the Conclusion was lately seen in the Tyranny of a company of Men sitting at Westminster called Lords and Commons who Arbitrarily Reigned and Ruled over their fellow Subjects according to their Wills and Pleasures as if the Issue of the Fightings of their Armies had been centured only in the making of the People of the Kingdom Slaves Then followed the contempt and Oppression of the Clergy and sacrilegious Invasions were made upon the Rights of the Church and Men of the Church injurious Diminutions and Persecutions of the Loyal
Law hold Quod solus Princeps qui est Monarcha Imperator in Regno suo ex plenitudine potestatis potest creare Comitem Palatinum according to which Rule the King of England may well Create a Countee Palatine for he is Monarcha Imperator in Regno suo as is apparent by many Records and Judgments in Parliament Here we may observe by the way that when once the King was Invested with Royal Authority that his workings in his Sphear were Honoured with the Name of Creation he was said to Create as we may say in our own Phrase Men that are Advanced by the King to some Title of Nobility or Office of State are commonly said by him to be Created and that the Stile of their Pattents is not only facimus but creamus that as in Scripture Kings are Named Gods I have said ye are Gods So they may in their Sphear do something resembling the Power of God And every Countee Palatine Created by the King of England is Lord of a whole County and hath in it Jura Regalia which are consisting in Two principal Points 1st In Royal Jurisdiction by reason whereof he hath all the High Courts and Officers of Justice the King hath And 2ly In Royal Seigniory by reason whereof he hath all the Royal Services and Escheats that the King hath And therefore this County is meerly disjoin'd and as it were Seperated from the Crown as is said in the Case of the Dutchy Plow 215. b. so that no Writ of the King runneth there unless it be Observe a Writ of Error which being the last Resort and Appeal is only excepted out of all their Charters 15. Eliz. Dyer 321. and 345. and 34. H. 6. 42. and as to Royal Escheates the Countee Palatine hath the Escheates of Treasons that the King by his Prerogative shall have of Lands holden of all other Lords but that is to be understood of Treasons which were so at the time when the Countee Palatine was first Erected and not of new Treasons by Act of Parliament afterwards 12. Eliz. Dyer 288. b. 289. a. and this comes Palatinus was so called à comitando vel sequendo principem and the Persons advanced to this Name or Title of Honour were summi proceres à Rege proximi he was to be a Chief Officer and Counsellor in the Pallace of the King and it is said he was not only to be a Companion of the Person of the King but he is to be comes curarum also he is par extans curis solo diademete dispar and is to Sink and Swim at all times and seasons with his Lord the King though it be in troubled Waters So that the King is and ever was the fountain of Honour for as it belongeth only to the King of England to Make or Coin Money and that no other person can do the same without special leave or Commandment of the King and if any presume of his own head to Coin Money it is Treason And as he only hath the Priviledge to Coin Money so he hath the same Prerogative to give a vallew to base Metal by his Impression or Character as he hath to give a higher Esteem to a mean Person by imparting the Character of Honour to him sic fiet viro quem Rex honorare desiderat Davyes rep 19. a. 25. a. yet the Countees Palatine are to take notice what is said also in Davyes rep 66. b. Comites Palatii regalem habent potestatem in omnibus salvo dominio Domino Regi sicut Principi Countees Palatine have Kingly Power in all things excepted always nevertheless Lordship Dominion and the Power to Rule over them and their Counties to the Lord the King as their Prince and Soveraign And they and all the Nobility either of the more Ancient or the latter impression are to know that no Lord can be Ancienter than the King for all was of him and came from him at the beginning Stanf. prer 10th a. and we have a saying in our Books that honor est in honorante non in honorato that Honour is in him that doth the Honour not in him that is Honoured and amongst many reasons might be given for the same I shall only presume to mention one which is that Persons of Honour should so behave themselves to all Men that they should not give the least occasion to any Man to think much less to speak Dishonourably of them In the 2d Book of Samuel 23d chap. we have a Catalogue of Davids Worthies of whom some were more mighty and had done more signal Services than others of them and therefore were more Honourable than the others so we may also see in the same Book of Samuel in the 17th and 19th chapters That Barzillai the Gileadite of Rogelim that when the Armies of Israel and Absalom were pitched in the Land of Gilead had relieved David and his People with him with all manner of Forrage Beds Basons Earthen Vessels Wheat Barley Flower parched Corn Beans Lentils parched Pulse Honey Butter Sheep and Cheese of Kine that David and the People with him might Eat and refresh themselves for there it is said the People were hungry and weary and thirsty in the Wilderness in the 18th chap. we have the Relation of the Defeat of Absaloms Army and his death in the 19th chap. we have King David saying unto Barzillai come thou over Jordan with me and I will feed thee with me in Jerusalem Barzillai was to have been made Comes Palatinus was to be taken into the Kings own Family and to feed with the King at his own Table But the good old Man being very Aged excused the matter saying Thy Servant will go a little way over Jordan with the King and why should the King recompence it me with such a reward Let thy Servant I pray thee turn back again that c. But behold my Son thy Servant Chimham let him go over with my Lord the King and the King answered Chimham shall go over with me and I will do to him that shall seem good unto thee and whatsoever thou shalt require of me that will I do for thee and all the People went over Jordan And when the King was come over the King kissed Barzillai and Blessed him and he returned to his own place Hence may be inferred that the King hath not only paenam Punishment but also praemium Reward in his Power and so he is set over us not only for the punishment of them that do evil but also for the praise and reward of them that do well And as if for the Life only of King David to have created Chimham Comitem Pallacii sui or Pallainum had not been a reward suitable to the Merits of good old Barzillai in the First Book of Kings the 2d chap. and the 7th verse we may see That when the days of David drew nigh that he should die and that he gave several things in charge to Solomon his Son
amongst the rest he gave him a special charge to shew kindness not unto Chimham only but unto all the Sons of Barzillai the Gileadite charging him that he let them be of those that Eat at his Table rendring this for reason for so they came to me when I fled because of Absalom thy Brother Absit be it far from me I do not mention this matter as if I would thence infer that King David was obliged to have done this Honour to Barzillai and his Sons No! Cujus est dare ejus est disponere he that hath the power to give Honour or Reward hath also the disposing power to give to whom what and when he pleaseth and the very words of Barzillai and why should the King recompence it me with such a reward manifest that good old Barzillai thought it his bounden Duty to do what he had done And as appears by the preamble of the Statute of 11th H. 7th ca. 1. Every Subject of this Realm of England by Duty of Allegiance is bound to serve his Prince and Soveraign Lotd in his Wars for the defence of him and the Land against every Rebellion Power and Might reared against him and with him to enter and abide in service in Battel And Sir Edward Coke also in the 7th parr of his Reports Fol. 7. b. 8. a. saith that all Subjects are bound to go with the King in War infra extra regnum both within and without the Kingdom CHAP. IX Herein you have a Subject defined you have Ligeance defined and is shewed that the King hath two Capacities the one Natural and the other Politick that the body Politick cannot be separated from the Body Natural that Ligeance is due to the Natural Body of the King that the Kingdom of England admits of no interregnum and that the Disherison of the Right Heir of a Kingdom is wont to be the beginning of Civil Wars NOW whosoever is born under a natural Ligeance due by the Law of Nature is a Subject And it is neither caelum Heaven nor solum the Soil that makes the Subject but Ligeance which is of as large extent and Latitude as the Royal Power and Protection of the King is which Allegiance or Ligeance is a true and faithful Obedience of the Subject due to his Soveraign and is or ought to be an incident inseperable to every Subject because Ligeantia est vinculum fidei the bond of Faith est quasi Legis essentia est ligamentum quasi ligatio mentium quia sicut ligamentum est connexio articulorum juncturarum c. As the Ligatures or Strings do knit together all the Joints of all the parts of the Body so doth this Ligeance joyn together the Soveraign and all his Subjects quasi uno ligamine as in one knot or tye In some Acts of Parliament Subjects are called Leige Subjects or Leige People and again in some Acts of Parliament the King is called Leige Lord of his Subjects so that I may further say Ligeantia est quid quodamodo reciprocum a certain Reciprocal thing hence it is we say Protectio Regis tiahit subjectionem subditi subjectio subditi trahit protectionem Regis The Protection of the King doth draw or attract the Subjection of the Subject and the Subjection of the Subject doth draw or attract to it the Protection of the King So that this Ligeance is the mutual Bond and Obligation between the King and his Subjects whereby Subjects are called his Leige Subjects because they are bound to Obey and Serve him as well in times of War as in times of Peace and he is called their Leige Lord because he is to maintain them in their just Rights and Liberties by the power of the Sword times of War and by the Legislative power to defend them in times of Peace from Injuries and Oppressions Now the King is said to have Two Capacities one Natural the other Politick one framed of God the other by the Policy of Man one subject to Infirmities the other not And the Estate Royal or Politick doth not confound the capacity of his Body Natural but their Capacities remain distinctly as in other Persons that have double capacity as a Bishop or a Dean c. Plow 234. a. and the Body Politick of the King may not be disjoyned or separated from his Body Natural Plow 230. a. 242. b. So that when the King is Sworn to his Subjects as he is at his Coronation he taketh Oath in his Natural Person for the Politick Body is immortal and invisible nay the Politick Body hath no Soul for as is aforesaid it is framed by the Policy of Man and therefore the King cannot be said to Swear in his Politick Capacity In likewise when at the Assizes by the Judge of the Goal delivery at the Sessions of the Peace by the Justices or the Commissioners of the Peace when at or in the Leet by the Steward there the Subject is or shall be Sworn to the King to bear Faith and true Allegiance to his Majesty his Heirs and Successors then the Subject is Sworn to bear Faith and true Allegiance to the Natural Body of the King And accordingly in all Indictments of Treason when any intend or compass mortem destructionem Domini Regis which must needs be intended and understood to be of his Natural Body for his Politick Body is Immortal and not subject to Death the Indictment always concludeth with contra Ligeantiae suae debitum contrary to the Duty of their Allegiance and therefore Ligeance is due to the Natural Body of the King And Sir Edward Coke says this Ligeance or Faith of the Subject is proprium quarto modo to the King a degree beyond the Grammarians Superlative omni soli semper to every King to the King alone and always to the King And it will be material and not contrary to Sir Edward Cokes meaning to add these words de jure to every of his omni soli semper And so Ligeance will be due as it is to every King that is so de jure of Right to him alone that is so and always to him that is King de jure of Right Thereby every King de facto and Usurper will be excluded and the greater safety will be secured to the King and to the Subject too for the Disherison of the Right Heir of a Kingdom is always wont to be the beginning of Civil Wars But however Sir Edward Coke omitted those words de jure yet his meaning was without question the same as if those words had been added because C. 7. 10. b. he saith that the King holdeth the Realm of England by Birthright upon which Succession is ever attendant and in the same place he saith that the King in individuo moritur but not in genere which is as much as to so say that the Natural Body of the King is subject to Death but the body Politick of the King dyeth not And therefore
the Death of the Natural Body of the King is called Plow 234. a. the Demise of the King because that thereby he Demiseth the Realm to another and the Body Politick is transferred from one Body Natural immediately to another Body Natural that Right hath and that because our Realm doth not admit of any Interregnum Hence it was that in the year of our Lord 1660. at the very instant of his late Sacred Majesties most happy Restauration all Charters and Writings whatsoever were Written Reputed and Esteemed to be made in the Twelfth year of his Reign though that from 1648. to that time he was injuriously and wickedly Deprived Robbed and kept out from his Inheritance of all his Regal Rights of the Crown whereof he was the undoubted right Heir by the late Usurpers CHAP. X. Herein you have an Heir defined and divided and is shewed that the Right Heir of the Crown ought not nor can lawfully be Disinherited that a Bastard ought not nor can be Heir to the Crown and further something is said to the late Bill for the Exclusion of the late most Illustrious Prince James Duke of York now our Soveraign Lord King James the Second NOW Sir Edward Coke in the First part of his Institutes Fol. 7. b. saith that in the Legal understanding of the Common Law he is said to be haeres an Heir that is ex justis nuptiis procreatus for haeres legittimus est quem nuptiae demonstrant and is he to whom Lands Tenements or hereditaments by the Act of God and right of Blood do descend of some Estate of Inheritance for solus deus haeredem facere potest non homo God alone can make an Heir not Man And Heirs are either Lineal who ever shall first Inherit or Collateral who are to Inherit for want of Lineal Lineal descent is conveyed downwards in the right Line as from the Grandfather to the Father from the Father to the Son c. Collateral descent is derived from the side of the Lineal as Grandfathers Brother Fathers Brother c. Now in Mr. Swinb 5th part Fol. 289. he that hath Issue Natural but not Lawful is said to die without Issue and in such Case the Fathers Brother shall Inherit and not the Issue Natural of the Father for such Issue Natural in our Law is said to be nullius filius no Mans Son whence may be Inferred that no Mans Son shall Inherit no Mans Land much less a Crown And in the 23d chap. of Deuteron the 2d verse is said a Bastard shall not enter into the Congregation of the Lord even to his Tenth generation shall he not enter into the Congregation of the Lord. And 10. H. 7. 18. it is said that Rex est persona mixta cum sacerdote quia tam Ecclesiasticam quam temporalem habet jurisdictionem The King is a person mixt or participating with the Priest in the Priesthood because he is said to have Ecclesiastical Jurisdiction as well as Temporal And Sir John Fortescue Fol. 95. a. b. saith that it is convenient that Mans Law in the benefit of Succession should cut them short whom the Church judgeth unworthy to be received into Holy Orders yea whom Holy Scripture judgeth as touching their Birthright inferior to the Legitimate or Lawfully Begotten as we read in the 25th chap. of Gen. 5 and 6th verses Abraham gave all his Inheritance to his Son Isaac and to the Sons of his Concubines he gave Gifts And again in Mr. Swinb part 5th Fol. 17. is said A King may ex plenitudine potestatis make his unlawful Issue capable of whatsoever by Will deviseable he doth give or bequeath unto him But Mr. Plowden saith 247. a. b. It is an evil or unlawful thing to Disinherit the Right Heir And Mr. Swinb in his 2d part Fol. 118. saith that by the Civil Canon and Common Laws also of this Realm of England It is unlawful for a King to give away his Kingdom from his Lawful Heirs However we had lately a House of Commons or rather a Major part of them that had framed a Bill for the Excluding and Disabling the then most Illustrious Prince James Duke of York now King James the Second for ever from Possessing Having Holding Inheriting and Enjoying of the Imperial Crowns of this Realm and Kingdoms It was a Presumptuous Bill for the Excluding of the Presumptive Heir of these Crowns However it was refused by the Lords House and so could not be offered to his late Majesty for his Royal Assent to make it a Law Have me excused for saying it was a Presumptuous Bill Matters of that nature have been in times past esteemed so in 35o. Eliz. Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition to the Lord Keeper desiring the Lords of the Upper House to be suppliants with them of the Lower House unto her Majesty for entailing the Succession of the Crown whereof a Bill was ready drawn the Queen was highly displeased herewith and charged her Council to call the Parties before them so Sir Thomas Heneage was sent to fetch them they were first commanded to forbear going to the House and not to go out of their several Lodgings afterwards they were called before the Lord Treasurer the Lord Buckhurst and Sir Thomas Heneage Wentworth was Committed to the Tower Bromley to the Fleet together with Mr. Stevens as also Mr. Welch Knight for Worcester-shire and yet it was then thought no Breach of Priviledge They that meddle with this matter of the Succession to the Crown do not only trench upon the Power and Priviledge of Almighty God who as the Prophet Daniel tells us in his 4th chap. is the most High that Ruleth in the Kingdom of Men and giveth it to whomsoever he will but also we have found by woful experience that they Praevaricate with the King himself for in the very word King is included all Succession so that where a Guift is made to the King a Fee-simple passeth without the words either of Heirs or Successors or both as may be seen C. Inst. 1. part 9. b. and in the same Book Fol. 22. b. is said a Man cannot have an Heir during his Life for non est haeres viventis And Mr. Plowden 45. b. saith no Heir hath Right or Title till after the Death of his Ancestor that hath the Inheritance be the Heir either Lineal or Collateral and not in his Life and this is because let all the provision imaginable by Man nay by a Parliament be appointed yet the same by the death of the Presumptive Heir or Heir apparent in the Life time of the Ancestor by the Act of God not otherwise may and can be disappointed And Anciently and now also as in C. 8. 28. it is held That Princeps coruscat radiis Regis censetur una persona cum Rege the Prince is enlightned and made splendid by the shining brightness of the King and is esteemed to be one and the same Person with the
understood that such personages never do lack the Counsel of such Grave and Discreet Men as be able to supply all other defects Now we are to understand that our Nation hath not used any other general Authority neither Aristocratical nor Democratical but only the Imperial Monarchy or the Royal and Kingly Majesty which Anciently and at the very First as in the time of the Heptarchy was divided to many and sundry Kings each absolutely Reigning in his Country none under Subjection of other till observe by Fighting one with the other the Overcomed always falling to the Augmentation of the Vanquisher and Overcomer at last the Realm of England grew into one Monarchy neither one of these Kings neither he who first or at the last had all took any investiture at the Hands of the Emperor of Rome or of any other Superior or Forreign Prince but as may be seen in the Statute of 16th Rich. the Second chap. 5th held immediately of God to himself acknowledging no Prince on Earth his Superior and so we are to take notice it is kept and holden at this day and we may see that by a Statute made in the 13th Car. 2 di ca. 1. That if any during the Life of the King Majesty shall within the Realm or without Compass or Intend the Death or Bodily Harm Imprisonment or Restraint of the Person of the King or to Depose him from the Kingly Name of the Imperial Crowns of his Realms or Levy Wars against him or stir up any Forreigner to a Forcible Invasion and such compassings shall express by Printing Writing Preaching or Malitious and Advised Speeches and be Convicted thereof upon the Oath of Two credible Witnesses every Person so Offending shall be Adjudged to be Traitors and shall lose and forfeit as in Case of High Treason And by the same Act it is provided amongst other things That if any shall affirm the King to be an Heretick or a Papist or that he intends to introduce Popery or shall Maliciously and Advisedly by Writing Printing Preaching or other Speeches Publish or Declare any word or other thing or things to stir up the People to hatred or dislike of the Person of his Majesty or Government every such Person thereof convicted are thereby made uncapable of any Office or Imployment in Church and State and are made lyable to such Further punishments as by the Laws and Statutes of this Realm are to be inflicted in such Cases take notice this Act was made presently after his late Majesties most happy Restauration when again the Major part if not all then Living of the Secluded Members in the late pretended Parliament without King or House of Lords were again chosen by the Freeholders of their several Counties to come to this long expected and much wished for Free Parliament It would then have made a true English-man smile to see Old Esq Prynne trudge through Westminster-hall to the House of Commons with his Basket not Silver Hilt Sword by his Side time was then come that his Eyes were opened and as a principal Member of that Parliament he was one of the Framers of that Bill for the forementioned Act wherein it is further-provided that if any Person or Persons shall Maliciously and Advisedly by Writing Printing Preaching or Speaking Declare or Affirm that the Parliament began at Westminster November 3. 1640. is not Dissolved nor Determined or that it ought to be in being Or that there lies any Obligation upon him or any other Person from the Oath Covenant or Engagement to endeavour a change of Government or that both or either Houses of Parliament have a Legislative Power without the King or words to the same effect Every Person so Offending shall incur the danger and penalty of Praemunire whereof mention is made in the before mentioned Statute of 16th Rich. the Second I have made mention of this latter clause in the said Act the more especially because thereby all Interregna Kings de facto wicked and injurious Usurpers are Excluded and the Body Natural and Politick of our Lawful King are so conjoined and closed together that I hope in God for the future it shall not lye in the Power of the People by Rising in Rebellion against their Rightful Soveraign Lord to make any Separation of the Soveraignty from the Person of our Lord the King or to abstract the Person of our King from his Office to the Ruin Alteration or Subvertion again of his Majesties Realms and Dominions And I have mentioned the former Clauses to give you to understand what care hath been made for the Security and Preservation of his Majesties Royal Person and Government ask it is freed and secured thereby from all Restraint Bodily Harm or violence whatsoever by wicked Words or Deeds CHAP. XVI Sheweth that all Vnlawful Assemblies or Meetings for the Plotting of harm to the King or the Alteration of the Government are Vnlawful and further sheweth what Misprision of Treason is and that it is the Duty of every good Subject presently to discover Treason NOW we are to know how that we are forbid also by sundry Laws in force to Congregate and Associate our selves to Unlawful Assemblies or Meetings in Coffee-houses or elsewhere where any discontented seduced wicked Persons shall Assemble themselves together to Plot or Contrive Bodily harm to the King or the Alteration of the Government If it shall be the hard mishap of any Loyal and well affected Christian Person to chance to be in such evil Company let him learn of Mordecai the Jew his Duty therein as we may see in the second chap. of the Book of Esther the 21 22 23. verses while Mordecai sat in the Kings Gate Two of the Kings Chamberlaines Bigthana and Teresh of those which kept the Door were wroth and sought to lay hands on the King Ahasuerus and the thing was known to Mordecai who told it unto Esther the Queen and Esther certified the King thereof in Mordecai's Name and when inquisition was made of the matter it was found out therefore they were both Hanged on a Tree and it was Written in the Book of the Chronicles before the King And Ahasuerus afterwards reading in the Chronicles of the good service done by Mordechai took care for his reward as may be seen in the sixth chap. of the said Book of Esther And we may see in Stanf. 37. b. when one knoweth that another hath done Treason or Fellony and he will not him discover to the King or his Counsel or to some Magistrate but concealeth his Offence that is Misprision which Offence Bracton placeth amongst the Offences of Treason because he was of opinion that concealment beyond a certain time shall make it amount rather to Treason than to Misprision for that purpose he saith Statim sine aliquo intervallo c. that presently and without any stop pause or giving over for a time he ought to go to the King himself if he may or otherwise to some of his
since we are restored to our Ancient Government to give to our Soveraign Lord the King his Dues and desires all to joyn with him in the Conclusive Prayer for the Morning Service in our Church Liturgy for the King NOW since as the living Members of a Body natural united together maintain life so it is in a Kingdom by concord of the People the state thereof is maintained but by their discord it is destroyed And accordingly Holy Scripture tells us that Houses or Kingdoms divided within themselves cannot stand but true Peace is the quiet and tranquility of Kingdoms burying all Seditions Tumults Uproares and Factions and planting Ease Quietness and Security with all other flourishing Ornaments of Happiness Now would you be happy and would you have your Posterity happy also Pray to God as you are directed by the Prophet Jeremiah in 32. chap. and the 39th verse that he would give you one Heart and one Way that you may fear God for ever for the good of you and of your Children after you Labour therefore to be at unity within your selves and above all be advised that when you again shall have a Lawful call to Elect Members for a subsequent Parliament you be sure unanimously to choose such Men as are Men well affected to the better half of the Government that is Established by Law in the Church For nunquam bene res succedunt humanae ubi negliguntur divinae things Temporal and Humane never succeed well where things Spiritual and Divine are neglected Subjection is required by St. Peter where before cited to the King as Supream and with me be pleased to consider the Authority of the words too and marking the difference between the Primitive and more Modern times you shall not need to fear the introduction of Popery again in these Kingdoms who writes them Observe they come from St. Peter from whom the Successors of St. Peter derive their Title of Supremacy above Kings So that howsoever they will have the Authority Entailed upon them from St. Peter yet St. Peter himself challengeth no such Supremacy for he says To the King mark the Epethite as Supream 't is true we read that Cardinal Bellarmine and Boniface the Eighth and Innocent the Fourth with others of that Party being carried on by their Pride and Ambition maintain the Head of their Church to have both the Swords and therefore say they is above all Kings and Emperors that have but one yet here we see That in the beginning it was not so St. Paul denies it St. Peter disclaims it and the Ancient Church and according to the practise thereof all our Kings of England Successively from time to time even to this present time have disowned it Remember and never forget we had heretofore the Minor part of a House of Commons Exercising the Soveraign Power the corrupt Majority as they then termed them being ejected and cast out for Delinquents and Malignants And by them we had the Government Changed or rather purposed to be changed regality it was then death to say the King and House of Lords were cast of next this we had nothing Visible but a General and an Army Next this we had the whole Constitution Laws and Liberties of the Kingdom at once subverted certain Men being called by the Name of a Parliament and the Soveraign Power pretended to be given them that were never chosen by the People but by we know not whom such a fact as was never heard or read that any King of England was Guilty of since Parliaments were known Next this we had a Protector Governing by an instrument made by God knows who After this we had the same Protector Governing according to the humble Petition and Advie and Sworn to both And unto God be thanks for the same by his late Sacred Majesties happy Restauration we are also restored again to our Ancient Government Established by Law both in Church and State and to the fruits and benefits of the same Mark therefore what St. Peter saith in the 13th chap. to the Rom. give to all their Dues Tribute to whom Tibute is due Custom to whom Custom Honour to whom Fear to whom Fear St. Paul hereby adviseth us to our bounden Duties and due Subjection to the Magistrate Supream and Subordinate And his advice may be reduced to these Three Heads 1st Supply to their Estates 2ly Fear to their Authority 3ly Honour and Reverence to their Persons First Their Estates are to be supported for as one says Pecunia nervus Imperii without which the Work of the Magistracy can neither be effected nor respected and as it is necessary so it is convenient that he that is imployed for the good of the Commonweale be supported by the Publickweale for as saith Seneca cited by Mr. Stanf. in his Prerogat 5. a. Omnium somnos illius vigelantia defendit omnium Otium illius labor omnium delicias illius industria omnium vocationes illius defendit Occupatio his Watchfulness keeps us in our Rest his Pains secures our Pleasures his Calling defends us in all our Callings Secondly Fear his Authority the Apostle gives the reasons Rom. 13.4 for he beareth not the Sword in vain he is the Minister of God he comes Warranted with Authority and as he hath Authority so he hath Power too Might and Right are both in him he is the fountain of Justice and the life of the Law he bears the Sword and he bears it not for naught therefore if thou dost Evil fear Thirdly Yield Honour and Reverence to their Persons for though they are Men subject to the same Natural infirmities that we are yet we must remember whose Person they bear upon them they are the Deputies of God And therefore Honoured with his Name I have said ye are Gods It is said of the Persians that when they come into the presence of their Prince they draw their Hands into their Sleeves in token of their Reverence and Loyalty they will not have a Hand stirring while Majesty is in presence Now as to the concluding this my present Discourse I pray not only your Hands be lifted up to Heaven but your Hearts also and that all may fervently joyn with me in the conclusive Prayer of our Church Liturgy for the Morning Service every Sabbath-day which is as followeth ALmighty God whose Kingdom is Everlasting and Power Infinite have Mercy upon the whole Church and so rule the Heart of thy chosen Servant James our King and Governour that he knowing whose Minister he is may above all things seek thy Honour and Glory and that we and all his Subjects duly considering whose Authority he hath may faithfully Serve Honour and humbly Obey him in thee and for thee according to thy holy Word and Ordinance through Jesus Christ our Lord who with thee and the Holy Ghost Liveth and Reigneth one God World without End Amen FINIS ERRATA PAge 5. l. 23. for Petion r. Petition p. 18. l. 2. for Priviledges r. Prerogatives p. 21. l. 21. for agrreing r. agreeing l. 36. for joyned r. enjoyed p. 25. l. 6. for datam fit r. datum sit l. 8. for reprsentons r. repraesentans p. 28. l. 2. for Pallainum r. Pallatinum p. 29. l. 24. for tiahit r. trahit p. 30. l. 1. after Sword add in p. 42. l. 36. after King dele and.
quick into the Pit Absalom for Rebelling against his Patriarcha his Father and King as one that deserved no Favour either from God in Heaven or his Deputy on Earth was hung up between Heaven and Earth as unworthy of either and was Strangled by the Hair of his own Head the Flag of his Ambition was made the Instrument of his Execution So that God himself may be said to be vindex sui ordinis the avenger of his own Ordinance CHAP. VII Sheweth that vindictive Justice is also derived from God to the King as Supream and that all Subordinate Officers derive their Jurisdiction from the King and through his Mediation from God also and that herein the Law of England is also agreeing with the Law of God NAY it is said Vengeance is mine and I will repay it saith the Lord and it is the very Ground and Foundation of all Order and Government that it is so for otherwise as Men do Multiply and Increase natural Love doth decrease and the Mightiest as so many Bulls in the Herd would be most mischievous to the Weaker and would be always quarrelling about Limits and Rivers from whence came the words Lis and Rivales And therefore this vindictive Justice is derived also from God himself to his Vicegerent on Earth the King as St. Peter saith where before cited for the punishment of evil doers and for the praise of them that do well So that Magistrates are of two sorts Supream and Subordinate Subjection is due to both to the King as Supream and to the subordinate such as are Judges Justices such as are missi Commissioned Officers and sent by him that is the King for as he hath his Authority immediately from God so they have theirs from him and through his Mediation from God also As God hath confirmed the Kings Supremacy so hath he also ratified his Subordinate Officers deputation as may be seen Exodus 18.18 where we have Jethro the Father in Law counselling Moses his Son in Law about the Prerequisite qualifications who they should be and the business of Judges what they must do but neither of these without Gods approbation and therefore by Moses followed then and by all Kings observed ever since they were to be able Men such as feared God Men of truth hating Covetousness such as these were to be placed over the People to Judge them at all seasons Hence it is that Bracton cited by Stanford 54 55. saith Dominus Rex habâ—t Ordinariam jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt habet enim omnia jura in manu suâ— c. Our Lord the King hath the Supream Jurisdiction Dignity and Power over all the People that are within his Realm he is said to have all the Laws in his hand which belong to the Crown he hath also the Material Sword which extends to the Government of the Realm in War he is also said to have Justice and Judgment which are of his Jurisdiction as within his Jurisdiction only as he is the Minister and Vicar of God and is to distribute to every one what is his He hath also in him quae sunt pacis the Powers which are of or belong to the preservation of Peace that the People with the Governance of whom God hath intrusted him may live quietly and safely in Peace that one may not Beat Wound or evil Intreat another that one may not by Force and Robbery Steal or bear away that is another Mans or one may not Maim or Kill another He hath also Punishment in his Power that he may Punish and Correct Offenders c. However for the King in Person to Arrest or Commit a Man or do any Offices of Justice is indignum rege is beneath the King Mercy and Honour flow immediately from the King Judgment and Justice are his too but these flow from his Ministers And therefore least there should be a failer of Justice and because the King himself in Person may not be Judge or sit in Judgment in Treason or Fellony because he is one of the Parties to the Judgment he may therefore commit his Authority to another who is to be Judge between him and the Offender And therefore Expedit rei publicae ut Magistratus constituatur and to this purpose Eligere debet Rex de regno suo viros sapientes timâ—ntes deum c. ex illis constituere justiciarios c. Therefore it was thought expedient for the general good of all that Magistracy should be Constituted and settled And in this work of Constituting Magistrates the King as it is said Exod. 18.22 in his own ease and that they might help to bear the burthen with him is to Elect and Choose out of the Kingdom wise Men Men fearing God regarding the Truth hating Covetousness and of such to make and create Judges Justices Sheriffs and other his Ministers and Bayliffs to whom are referred all matters of Controversie relating either to real oâ— personal Actions setting forth perspicuously and more fully all the prerequisite good properties he ought to have and to be indued with all to whom the King shall commit the Office of a Judge Justice c. Et sic concordat lex divina non aliquantulùm sed quamplurimùm cum humanâ And so the Law of God is not somewhat or a very little but very much agreeing with the Law of England especially in these matters relating to the Royal Priviledges and Rights of the Crown Now these Royal Rights and Jurisdictions may not be Transferred to Persons or Tenements or possessed by any private Person nisi hoc datam fit ei de super unless it be given him from above that is to say from the King Now delegatus dicitur cui causa demittitur terminanda vel exequenda vices delegantis reprsentans in Jurisdictione nihil proprium habens he is said to be a delegate to whom Authority is committed to Handle and Determine Matters being the Representative of him that Delegates him and yet he hath no propriety in the Jurisdiction nor can properly call it his own So it is with Judges Justices the Judgments and the Courts they are called the Kings Judges the Kings Justices the Kings Judgments and the Courts of our Lord the King So that Jurisdictio delegata non delegari potest quin potestas Ordinaria remaneat cum ipso Rege this Jurisdiction delegated cannot be delegated but still the Supream Power must remain with the King himself CHAP. VIII Sheweth that the Subjects of England are bound by their bond of Allegiance to serve the King only in his Wars and that the King is the Fountain of Honour and by way of Induction to the same something is said of a Countee Palatine Davids worthies and good old Barzillai the Gileadite IN our Books we read of a Countee Palatine to have divers Royal Franchizes and Priviledges which were not Granted to other Earls and that the Doctors of the Imperial