Lords took upon him the Charge of the Kingdom as forfeited to him by breach of the Covenant establish'd in Parliament Yet this gave him no sure Settlement for the Popularity of the Earl of Warwick drove him out of the Kingdom without striking a Stroke for it Upon which H. 6. was again restor'd to his Kingly Power and Edward was in Parliament declared a Traytor to the Country and an Vsurper of the Realm the Settlement upon R. and his Heirs revok'd and the Crown entail'd upon H. 6. and his Heirs Males with Remainders over to secure against Edward's coming to the Crown Yet the Death of the Earl of Warwick having in effect put an end to King Henry's Power he was soon taken Prisoner and put to death as his Son had been before and then Edward procures a Confirmation in Parliament of the Settlement under which he enjoy'd the Crown Thus as the Power of the People or Great ones of Interest with them turn'd the Scales from time to time so 't was their Consent which fixt them at last during the the Life of E. 4. It may be said That whatever the Law or Practice has been anciently neither can now be of any moment by reason of the Oath requir'd by several Statutes declaring it not lawful upon any Pretence whatsoever to take Arms against the King and abhorring the Traiterous Position of taking Arms by his Authority against his Person And 2. The Clause in the Statute 12 Car. 2. whereby it is declar'd That by the undoubted and fundamental Laws of this Kingdom neither the Peers of this Realm nor the Commons nor both together in Parliament or out of Parliament nor the People Collectively or Representatively nor any other Persons whatsoever had have hath or ought to have any Coercive Power over the Persons of the Kings of this Realm I shall not here insist in answer to the first on the necessity of a Commission and a King continuing Legal in the Exercise as well as Possession of Power nor the difference between the Traiterous Acts of single Persons and the Revolt of a Nation nor yet upon the Authority of the Common Law whereby a Constable or other Officer chose by the People may act without any Authority from the King. And for the latter as Coertion is restrain'd to the Person of the King the declaring against that is not contrary to the Authorities for discharging Allegiance by a Judicial Sentence or otherwise by vertue of equitable and supposed Reservations provided a tender Regard to the Person be still observ'd But if Proceedings to free our selves from his Authority fall under this Coertion then I shall offer something which may remove both this and the other from being Objections to what I have above shewn To keep to what may equally reach to both Authorities I shall not urge here That these Statutes being barely Declaratory and enacting no Law for the future introduce none so that if the Fundamental Laws shall appear to be otherwise the Declarations do not supplant them Nor yet to insist upon a Rule in the Civil Law That the Commonwealth is always a Minor and at liberty to renounce the Obligations which it has entred into against its Benefit which is the Supreme Law. But I shall stop their Mouths who object these Statutes and maintain That according to what themselves receive for Law the Parliaments which enacted these Declarations had no power so to do and then the Law must stand as it did For this let us first hear Mr. Sheringham whose Authority few of these Men dispute They that lay the first Foundation of a Commonwealth have Authority to make Laws that cannot be alter'd by Posterity in Matters that concern the Rights both of King and People For Foundations cannot be remov'd without the Ruine and Subversion of the whole Building Wherefore admit the Acts had been duly made according to him they would be void if the Fundamental Law were as I have shewn However I am sure I can irrefragably prove to them who will not have a Nation sav'd without strict Form of Law That the Parliament which made those Acts had no Power at the time of making them being by the express Words of a former Statute repeal'd The Triennial Act 16 Car. 1. provides in a way not easily to be defeated not only for holding a Parliament once within Three Years at least but that all Parliaments which shall be Prorogu'd or Adjourn'd or so continued by Prorogation or Adjournment until the Tenth of September which shall be in the third Year next after the last Day of the last Meeting and Sitting of the foregoing Parliament shall be thenceforth clearly and absolutely dissolv'd Now say I that Parliament which enacted these Laws had sat beyond that Time Ergo c. These were made in the Parliament next after the Convention which brought in the King which they I am sure will not call a Parliament Wherefore we must go back to the first Long Parliament which upon their own Rule Rex est caput finis Parliamenti was dissolv'd by the Death of C. 1. Anno 1648. notwithstanding the Act for making it Perpetual which indeed by the Words of it seems only to provide against any Act of the King to the contrary without their Consent But by the Death of the King that Parliament lost the Being which before it had as it was under him when it was Parliamentum nostrum the Parliament of Charles the First and so expired An. 1648. by Act in Law. And perhaps it s own breaking up in Confusion before was in Law an Adjournment sine die working a Dissolution by either of which that Parliament was dissolv'd more than three Years before the Parliament which made the Statute in question which Parliament assembled An. 1661. and was ipso facto dissolv'd when it attempted to make those Statutes it having been continued by Prorogation or Adjournment beyond the Tenth of September in the Third Year after the Dissolution of the last Parliament of Charles the First which was the next foregoing Legal Parliament according to strict Form for the Parliament which brought in C. 2. Anno 1660. was not summon'd by the King's Writs consequently the Parliament 1661. having no Power after it had continued as above whatever was the Ancient Law in this Matter remains as it did before those Laws If it be Objected That the Necessity of the Times had dispens'd with the Letter of the Triennial Act as to this Particular 1. They who would plead these Statutes cannot urge it since they will not allow of greater Necessity to authorize the Maintaining and Restoring the Constitution But surely however Necessity might support other Laws it shall not such as alter the Constitution but every Legal Advantage shall be taken for restoring it 2. The Necessity was not absolute for the First Parliament of Charles the Second might continue together as long
interfere with the Judicial Power of the High Court of Parliament and it may be a question whether that Maxim as receiv'd in the Courts of Justice is ever taken to reach farther than either in relation to the Remedies which private Persons may there have against personal Injuries from the King as where 't is said The King cannot imprison any Man because no Action of False Imprisonment will lie against him or rather because of the ineffectualness in Law of his tortious Acts. But what the Nation or its Great Councils have thought of such Acts will appear by a long Series of Judgments from time to time past and executed upon some of their Kings Long before the reputed Conquest Sigibert King of the West-Saxons becoming intolerable by his insolent Actions was expell'd the Kingdom and Bromton shews that this was done in a Judicial manner by the unanimous Consent and Deliberation of the Peers and People that is in the Language of latter Ages by Lords and Commons in full Parliament And eighteen Years after Alcred King of the Northanimbrians that is Northumberland and other adjacent Counties was banish'd and divested of his Soveraignty by the Counsel and Consent of all his Subjects Five Years after this their King Ethelred was driven from the Throne and Kingdom for treacherously procuring the Death of three of his Great Men Alwlf Cynwlf and Ecga Within fifteen Years after this the People having without Example called back Ethelred from Exile slew him without any allowable Precedent and set up in his stead Osbald a Nobleman none of the Royal Stock and he not answering their Expectation they depos'd him in twenty eight days Twelve Years after they deposed their King Eardulf and remain'd long without chusing any Sixty Years after they depos'd their King Osbrich and chose Ella who still swerv'd from the Ends of Government Six Years after they expell'd their King Egbert For sixty nine Years the Kings and their People agreed without coming to any Extremities but then they renounc'd the Allegiance sworn to King Edmund and chose Aulaf King of Norway for their King. Aulaf had not reigned six Years when they drove him away and tho' they receiv'd him again they soon cast him off again and swore Allegiance to the English King Edred Then they rejected him and chose Egric a Dane with whom their independent Monarchy expir'd and turn'd into the Government of Earls I would not be thought to mention those numerous Examples with the least approbation 't is certain they argue great Levity in rejecting or Folly in chusing But if we are believ'd to receive many Laws and Customs from the Germans from whom we are more remotely deriv'd much more may the English Monarchy be thought to partake of the Customs of the contiguous Kingdoms which compose it and by this frequent Practice the Members of it were sufficiently prepar'd to understand that part of the Compact whereby the Prince was oblig'd to suffer Right as well as his Subjects and that if he did not answer the Ends for which he had been chosen he was to lose the Name of King. Either these Examples or rather the continual Engagements in War with Foreigners had such effect that from this time to the Entrance of W. 1. excepting the Case of King Edwin Nephew to the English Monarch Edred who was driven out of the Kingdom Anno 957. I find nothing of the like nature A King was but a more splendid General nor could he hope to maintain his Dignity but by hardy Actions and tender usage of his People their extraordinary Power had slept but for few Years after the Death of the reputed Conqueror till the time of King Stephen the third Successor from W. 1. who after Allegiance sworn to him had it a while withdrawn for Maud the Empress but the People soon return'd to it again rejecting her who was nighest in Blood because she denied them the Benefit of St. Edward's Laws This Power of the People to be sure was rous'd by the extravagant Proceedings of King John upon which the Earls and Barons of England without the Formality of Summons from the King give one another notice of meeting and after a long private Debate they agreed to wage War against him and renounce his Allegiance if he would not confirm their Liberties and agreed upon another Meeting for a peremptory Demand declaring That if he then refus'd them they would compel him to Satisfaction by taking his Castles Nor were they worse than their words and their Resolutions had for a while their desir'd Effect in obtaining a Confirmation of their Liberties but the Pope soon absolv'd the King and encourag'd him to the violation of them till they stoutly casting off the Authority both of King and Pope proceeded to the Election of another King Lewis the Dauphin of France But the Dauphin assuming a Power not brook'd in the English Government upon the Death of King John they set up his Son H. 3. and without any solemn Deposing of Lewis compell'd him to renounce his Pretensions Henry treading in his Father's steps had many unhappy Contests with his Barons and having call'd in numbers of Foreigners they sent him a solemn Message That unless he would remove those troublesom Guests they would all by a Common Council of the whole Realm drive him and his wicked Counsellors out of the Kingdom and would consider of making a new King. Upon this both Sides had recourse to Arms and neither valued the others Judicial Sentence but for certain the Sentence threatned H. 3. was executed upon his Grandson E. 2. who was formally depos'd in Parliament for his Misgovernment whose Case with his next Successor's but one R. 2. by what I have observ'd before appear to have been no Novelties in England Nor was it long before the like was again put in practice more than once H. 6. being a weak misled Prince gave occasion to Richard Duke of York whose Line was put by to cover his Designs for restoring the elder Family with the Pretence of Redressing Publick Grievances The Crown he was so far from pretending to at first that himself swore Allegiance to H. 6. in a very particular manner But having afterwards an Advantage given by the Divisions of them who had driven him out of the Land he in a fortunate Hour with lucky Omens as was believ'd challeng'd the Crown as his Right upon which there was an Agreement ratified in Parliament That H. 6. should enjoy it during his Life and R. and his Heirs after him And tho' Richard Duke of York and his Son Edward afterwards E. 4. had sworn That H. 6. should enjoy the Royal Dignity during Life without trouble from them or either of them yet Richard having been treacherously slain by the Queen's Army immediately after the solemn Pacification Edward at the Petition of some of the Bishops and Temporal
That alone will not authorise Endeavors to this End unless it can be done without Injustice to any For otherwise we should make God the Author of those Sins of Men which have often been foretold But in order to satisfie those who question what is their Duty at this time either for Acting or Acquiescing I shall shew that we have been Grateful without being Unjust and may chearfully act under the present Government in sure and certain hope that those great Things which are already come to pass according to plain Predictions are the happy Omens and Earnests of greater yet to come being equally promis'd For which end I shall consider 1. Whether we may not by comparing the following Predictions reasonably conclude That as the Crown of England has been destin'd for the late Prince of Orange the better to qualifie him for the executing God's Purposes for the Benefit of Mankind so it has been long since foretold 2. Whether the People of England have not a rightful Power to contribute towards their Accomplishment 4. Whether that Power has not been duly exercis'd in the present Assembly of Lords and Commons Many I know despise Prophesies and laugh at the Observers of those Hand-writings from above and others tho' they own that some Beams of Divine Light had visited the dark Ages of the World before the Sun of Righteousness appeared and that they were more frequent during its abode upon Earth and for the two or three first Centuries after Yet they will have it that ever since God has kept his Foreknowledge to himself without communicating any Notices of it to Mankind Be their Opinions as it will 't is not unlikely that many who have been doubtful what Course to steer in their Endeavours for the Publick will attend to these Divine Admonitions But that Nostredamus either thro' Judicial Astrology or Divine Inspiration or both as himself professes did foretel many things which have come to pass must not be denied by any body who reads him as where he says That the Senate of London that is the Parliament of England or those of it who usurp'd its Name should put to Death their King That London should be burnt in Thrice twenty and six that is Sixty six and that the Plague should not cease till the Fire Where according to what himself observes of some of his Predictions he limits the Place Times and prefixed Terms that Men coming after may see and know that those Accidents have come to pass as he marked What he says of the Bastard of England's being half receiv'd is not more obscure or less verified Nor does there seem a greater Veil upon what he says of the West's freeing England where he in very lively Characters represents the Event of the first and second Attempt there And as we find those things to have fallen out accordingly we have great ground to believe that what he speaks of his native Country France was from a certain Foresight Who can with-hold his Belief from all those Particulars in relation to it which he speaks not in the least mysteriously Or can any one doubt but that this present Juncture bodes it those Ills which he threatens The Fleet in the West and the great Appearance there with His Majesty's stupendious Progress not without cause made the French King think Danger approaching by Blay Nor can it be a question who is meant by the Chief of the British Isle or the Great Aemathien who is to lead the English to Glorious Enterprises Can it be other than the Celtique that is Belgick Prince of Trojan that is English Blood of a German Heart married to one of Trojan Blood and in safe Alliance with the Spaniard I will not be positive that a King's danger of drinking the Juyce of Orange unless he yield to an Accommodation must necessarily be intended of the late King and this tho' I am very confident no time can be shewn when this could be so properly applied I cannot but think that Nostredamus has foretold the Fate of James the Second the Question for the Kingdom between this Prince and the reputed Brother-in-Law the carrying the Babe into France the Father 's not being able to make good the Title of his Blood and this Sham's being the occasion of the late Prince's accepting the Crown And who can doubt but this King is that Native of Friezland as one Part of a Country may be taken for the Whole or other Part of the Whole to be cbosen here upon another's having Death given him drop by drop by the Guards Nor can it be denied that J. 2. has received his Deaths-wounds or occasion of a lingring Death in a great measure from his own Guards Nor is the Crown more plainly foretold to His Majesty from an Election than it is to His Royal Consort by way of Succession which are both exactly fulfill'd in that happy Partnership in Dignity while the Regal Power is kept entire to accompany the Marital In two Particulars I have taken a Liberty with Nostredamus which I cannot but think allowable 1. Where his Words admit of different Senses if I have not left them in aequilibrio equally applicable to either I have determin'd them to that which best agrees with Events For if he has truly foretold any thing without ambiguity we are to believe that in others he or the Spirit which dictated to him intended what has fallen out if the Words will bear it 2. Whereas the Stanzas of his Predictions are scatter'd up and down like so many Sybilline Leaves I have gather'd and sorted them together according to past Occurrences or that relation to the future which they seem to bear and certain it is that God's Holy Spirit foresaw all things in their true Order I must own that the like Persons and Actions may come upon the Stage more than once wherefore of many every body is left to his own Conjecture but in others the Parallel is so exact between Nostredamus his Descriptions and what has come to pass in the whole or in part that where a Connection of Events seems to be pointed at 't will be as difficult not to entertain warm Expectations of the Accomplishment of the Whole as to deny that Part is fufilled And many Personal Characters tho' given in distant Stanzas have that mutual Resemblance that they look like several Parts or Lineaments at least of the same Face and may without blame be drawn together Grebner seems rather to give an Account of what he had liv'd to see than to foretel what lay in the Womb of Time Who can deny but that he pointed at the Misfortunes of Charles the First with the Occasion of them the Generalship of the Earl of Essex then of Sir Thomas Fairfax And it is not improbable that the Nullus coming next might be Nol. Nor can it be a question but the late Prince of Orange
not to assume the Royal Dignity unless he firmly resolv'd to perform what he had sworn To which he answered That by God's help he would faithfully observe his Oath And Hoveden says That he was Crown'd by the Counsel and Assent of the Archbishops Bishops Earls Barons and a great number of Milites which Word was then of a large extent Wherefore I submit it to Consideration whether these are any Exceptions to the General Rule or are not at least such as confirm it 8. The Parliament 11 H. 7. declares That it is against all Laws Reason and good Conscience that Subjects should lose or forfeit for doing their true Duty and Service of Allegiance to their Prince or Sovereign Lord for the time being that is to the King de facto as appears by the Occasion of the Law to encourage the Service of H. 7. who had no Title but from his Subjects and there is a Provision That any Act or Acts or other Process of Law to the contrary shall be void Which being built upon the Supposition That according to the Fundamental Law the People's Choice gives sufficient Title perhaps is not vain and illusory as the Lord Bacon would have it but argues strongly that the Parliament then thought the Monarchy Elective at least with that Restriction to the Blood which I yield And if this be part of the Fundamental Contract for which it bids very fair then perhaps no body of any other Stock may be King within this Statute To what I have offer'd on this Head the following are all the Objections of seeming weight which have occurr'd to me The Maxim in Law That the King never dies or to use the Words of Finch The Perpetuity which the Law ascribes to him having perpetual Succession and he never dies for in Law it is called the Demise of the King. To which I answer 1. That neither that Book nor any Authority there cited is so ancient as the Settlement of the Crown above observ'd and that the Death is but a Demise or transferring the Right immediately to a Successor may be owing to the Settlement but is no Argument of any Right otherwise 2. Even where there is an Election tho' never so long after the Death of the Predecessor yet by way of Relation 't is as if there were a Demise or Translation of Interest without any Interregnum as it was resolved by all the Judges 1 Eliz. of which the Words of Lord Dyer are The King who is Heir or Successor may write and begin his Reign the same day that his Progenitor or Predecessor dies with which agrees the Lord Anderson But that to many intents a King dies in his Politick Capacity as well as Natural appears by the discontinuance of Process in Criminal Causes and such in Civil as was not return'd in the Life of the former King till kept up by Statute the determination of Commissions and the like 'T is urg'd That the Hereditary Right contended for has not been interrupted by the People's Elections so oft as it should seem by the Breaches in the Succession for that many who came in before them who stood next were Testamentary Heirs of the Appointment of the Predecessor which argues an Inheritance in him that disposes And Dr. Brady thinks he produces an Example where the Election of the People was bound and limited by the Nomination of the Predecessor But if he had duely weigh'd the Presidents of this kind he might have understood that an Election without a Nomination had full effect while a bare Nomination had none and he might have learnt from Grotius that among the Germans from whom we descend Kingdoms did not use to pass by Will and that Wills were but Recommendations to People's Choice but not Dispositions I find it urg'd That as anciently as the time of E. 3. the Realm declar'd That they would not consent to any thing in Parliament to the disherison of the King and his Heirs or the Crown whereunto they were sworn If any Colour of Evidence can be produc'd that the Subjects of England so early as that swore Allegiance to the King and his Heirs this were to the purpose Indeed I find that before this 24 E. 1. a Foreign Prince the King of Scotland Feudatory to the Crown of England did Homage to the King and his Heirs but the like not being exacted of the Subjects of England till particular Acts whereby the Crown was setled it argues strongly as indeed appears from the Subject Matter that the Homage paid by a Foreign Prince was due to none but the present King and his Successor to the Kingdom whoever was next of Blood And by parity of Reason the Disherison of the King and him her or them who succeeded to the Crown was all that could be referr'd to when they urge the Obligation of their Oath to the King and his Heirs or the Crown which appears farther not only from the old Oath of Allegiance to which they must needs have reference whereby they are bound to defend the Rights of tbe Crown but even from the Matter then in question which was not of the Right of Succession but of a Flower of the Crown Bracton puts this out of dispute when he tells us That Inheritance comes not from an Heir but an Heir from Inheritance and that Inheritance is the Succession to all the Right which the Predecessor had by any sort of Acquisition With Bracton agrees the Civil Law Haeredis significatione omnis significari Successores credendum est etsi verbis non sunt expressi By Heirs we are to believe all Successors to be signified altho' not exprest in Words And again Nihil est aliud haereditas quam successio in universum jus quod defunctus habuit Inheritance is nothing else but Succession to all the Right which the Deceased had Wherefore I cannot but wonder that so Learned a Man as Sir P. P. should cite this to prove that Allegiance is due to the Heirs and Successors in a Legal Course of Descent that is as he explains or receives it out of Mr. Prynne by proximity of Succession in regard of Line Nor is this Learned Man more fortunate in mentioning the Salvo which Littleton tells us is to be taken to the Oath of Homage to a Subject Salve la Foy que jeo doy a nostre Signior le Roy where there is not a word of Heirs but he tells us that Littleton cites Glanvil where the word Heirs is whereas 't is the Lord Cook who makes the Quotation as he does of Bracton whose Sense of the word Heirs we have seen and Littleton fully confirms it by leaving out the word Heirs as a Redundancy Allegiance being due to every one that becomes King and to no other But to put the extent of Heirs to a King out of Controversie we have the Resolution of all the
Right The Lords and Commons having a Judicial Power in this Matter as hath been prov'd at large their Exercise of this Power in the nature of the thing determines the Right unless an Appeal lies from them to some higher Court in this Nation But that no Power can legally question them or any of them in this Matter appears more particularly in that there is no Statute now in force nor was since the Death of Car. 2. which makes it Treason to conspire to Depose a King or actually to Depose him But this is of the Nature of those Common-Law Treasons which are left to the Judgment of Parliament And they who are the only Judges of their own Actions have a pretty large Liberty in them especially according to them who would infer the Absolute Power of Princes from the Supposition of no constituted Judges of their Actions Wherefore the Defence of their Proceedings might justly seem to be superseded were it not for an ungovernable sort of Men who either cannot or will not judge according to the Rules of right Reasoning but as they will hardly admit of any Doctrine as true for which they have not the Decision of some Father or Council will believe no Action not proceeding from their imperious Dictates justifiable even in Cases of the utmost necessity for the Preservation of the true Religion and just Laws for which they have no Warrant from the Examples of their Forefathers or Opinions of Men whose Books have past with their Allowance Which often drives me to the seeming Pedantry of Quotations to confirm the most obvious Considerations to which my own Thoughts led me The either open or more covert Matters of Fact inducing the Declaration of Lords and Commons That J. 2. has broken the Original Contract I need not now enquire into All People must own that 〈◊〉 if they in the least attend to the Constitution of our Governmeâ—â— and how apparently he by his general Dispensations usurp'd a Legislative Power for the Destruction of the Protestant Religion and Civil Rights which we were in a fair way of being Dragoon'd out of by a Standing Army by degrees to have been wholly under Popish or Complying Officers Yet if there were no more than his leaving the Kingdom without making any Provision for keeping up the Justice of it and going into France a Country from whence all Mischiefs have of late Years flow'd upon us and our Religion Who can deny but this alone would have been enough to set him aside The going out of the Realm without appointing a Custos was anciently in our Law a Discontinuance of Justice And the Lord Hobart gives it as a Maxim Cessa regnare si non vis judicare Cease to Reign if you will not Judge or maintain the Course of Justice Many I know upon these Questions rather regard the Civil Law and that I am sure gives a home-thrust in the Case of deserting one's Country and going into such an one as France is to our Nation tho' it has been in too strict Alliance with our Kings The Digests say A Deserter has no Right of being restor'd to his Country For he who left his Country with an evil and treacherous Mind is to be held as an Enemy c. But we are to take not only him for a Deserter who runs over to Enemies in time of War but also during a Truce Or who runs over to them with whom there is no Amity either after undertaking to be faithful to his Country or else undertaking to be faithful to the other Either of which Senses the Words will bear 'T is likely to be said That this out of the Civil Law is improperly applied to the Prince who according to that is exempt from all Laws But I would desire such to read the Rescript or Law of Theodosius and Valentinian wherein they thus declare 'T is an Expression suitatable to the Dignity of one that Reigns to profess himself bound by the Laws Our own Authority does so depend upon the Authority of Law. And in truth for the Governing Power to submit to Law is greater than Empire And by the Promulgation of this present Edict we make known to others what we will not allow to our selves That J. 2. had before his Departure broken the Fundamental Laws and that now he not only ceases to Protect but is in a Kingdom which foments and strengthens a Rebellion in Ireland part of the Dominions belonging to the English Crown I think no body will deny Nor till they can answer what I have shewn of the mutual Contract continued down from the first Erection of the Monarchy here ought they to deny that he has thereby broken the Original Contract which bound the People to him and him to them What results from this Breach is now more particularly to be considered That it is a Discharge from all Allegiance to him requir'd by any Law and confirm'd by any Oaths is evident not only from the former Authorities but from the Condition going along with such a mutual Contract as I have prov'd to be with us between Prince and People Or rather to use the Words of the Learned Pufendorf The Obligation is not so much dissolv'd as broken off by the Perfidiousness of either Party For when one does not perform that which was agreed on neither is the other bound to performance For the prior Heads of things to be perform'd in Contracts are in the Subsequent by way of Condition As if it should be said I will perform if you perform first This he more fully explains in another Book where he distinguishes between an Obligation imperfectly mutual as he supposes it to be between an Absolute Prince and his Subjects and one perfectly mutual as he takes it to be where the People have conferr'd a Power on any Terms Of such Obligations he says These since they have a mutual respect to the things agreed on and suppose mutual Faith it is evident that if one Party violate the Faith which he plighted the other is no more bound And therefore he is not perfidious who stands not to those Contracts which the other has broken For all the Heads of one and the same Contract run into each other by way of Condition c. And in that Book of his which is counted the Standard of the Law of Nations he asserts it to be lawful for Subjects to oppose their Prince by Force which is a sufficient departure from Allegiance if he goes about modum habendi potestatem immutare i. e. to change that Manner in which he by the Contract enjoys the Power from less to more Absolute And in his Tract de Interregnis cited above he allows of this If the King abdicate all Care of the Commonwealth becomes of an hostile Mind towards his Subjects or manifestly departs from those Rules of Governing upon the Observance of which as upon a Condition the
Judgment of two Parliaments the Realm was destitute of a Lawful Governour Indeed according to the Act of Recognition 1 J. 1. the Crown came to him being lineally rightfully and lawfully descended of the Body of the most Excellent Lady Margaret the eldest Daughter of the most Renowned King Henry the Seventh and the High and Noble Princess Queen Elizabeth his Wife eldest Daughter of King Edward the Fourth The said Lady Margaret being eldest Sister of King Henry the Eighth Father of the High and Mighty Princess of Famous Memory Elizabeth late Queen of England Tho' this pompous Pedigree to avoid all Objections goes as high as E. 4. the Derivation of Title as appears above can be no higher than from the Settlement 1 H. 7. Nor does this Act 1 J. make any additional Provision but indeed seems to flatter the King into a Belief that there was no need of any telling him That they made that Recognition as the First-fruits of their Loyalty and Faith to him and his Royal Progeny and Posterity for ever But neither then or ever after till that in this present Parliament did the People make any Settlement of the Crown but it continued upon the same Foot as it did 1 H. 7. when it was entirely an Act of the People under no Obligation but from their own Wills. And if we should use Sir Robert Filmer's Authority Impossible it is in Nature for Men to give a Law unto themselves no more than it is to command a Mans self in a Matter depending of his own Will. There can be no Obligation which taketh State from the meer Will of him that promises the same Wherefore to apply this Rule Since the People that is now in common presumption is the same with that which first settled the Succession and so are bound only by an Act of their own Will they have yet as arbitrary a Power in this Matter as Sir Robert and his Followers contend that the Prince has whatever Promises or Agreements he has entred into But not to lean upon such a broken Reed nor yet to make those many Inferences which this plain State of the Settlements of the Crown might afford Three things I shall observe 1. If the Settlement made 1 H. 7. who was an Usurper according to the Notion of Dr. Brady and his Set of Men was of no force then there being no Remainders since limited by any Act but what are spent of necessity the People must have had Power of Chusing or there could have been no lawful Government since Queen Elizabeth's time when was the last Settlement except what is now made 2. The Declarations of two Parliaments 28 and 35 H. 8. fully ballance the Declaration 1 Jac. 1. if they do not turn the Scales considering that the Judges in the later Times seem to have had less Law or Integrity than they had in H. the Eighth's I will not take upon me to determine which was the Point of Two that they might go upon 1. That a Government shall not pass by Implication or by reason of a dormant Remainder But there having been so many Alterations since the Settlement 1 H. 7. and the whole Fee once disposed of nor ever any express Restitution of the Settlement 1 H. 7. the People were not to think themselves obliged to a Retrospect 'T is evident at least that they did not Or 2. Perhaps they might question whether they were oblig'd to receive for Kings the Issue of Foreign Princes since there was no means of being sufficiently inform'd of the Circumstances of the Birth neither the Common or any Statute-Law affording any Means of proving it as appears by the Statute 25 E. 3. which for the Children of Subjects only born out of the King's Allegiance in Cases wherein the Bishop has Conusance allows of a Certificate from the Bishop of the Place where the Land in question lies if the Mother pass'd the Seas by the King's License But if our Kings or Queens should upon any occasion be in Foreign Parts 't is to be presum'd that they would have with them a Retinue subject to our Laws who might attest the Birth of their Children and be punish'd if they swear flalsly Wherefore 25 E. 3. 't is declar'd to be the Law of the Crown That the Children of the Kings of England ENFANTZ DES ROYS as the Record has it in whatever Parts they be born be able and ought to bear the Inheritance after the Death of their Ancestors Yet this is most likely to be meant of those private Inheritances which any of the Kings had being no part of the Demeasns of the Crown since the Inheritance of the Crown was not mentioned nor as has been shewn was it such as the King's Children were absolutely entitled to in their Order The most common acceptation of Children is of a Man's immediate Issue As where Land is given to a Man and his Children who can think any remote Descendants entitled to it Nor could it extend farther in the Settlement of a Crown 37 E. 3. c. 10. a Sumptuary Law was made providing for the Habits of Men according to their Ranks and of their Wives and Children ENFANTZ as in the former Statute of the same Reign Now altho' this should extend to Childrens Children born in the same House it could never take-in the Children of Daughters forisfamiliated by Marriage nay nor those of such Sons as were educated in a distinct Calling from their Parents Farther the very Statute of which the Question is cuts off the Descendants from Females out of the number of a King's Children when among other Children not of the Royal Family it makes a particular Provision for Henry Son of John Beaumond who had been born beyond Sea and yet Henry was by the Mothers Side in the Fourth Degree from H. 3. for she was Daughter to Henry Earl of Lancaster Son of Edmund Son to H. 3. Had this Henry been counted among the Children of a King 't is certain there had not been a special Clause for him among other Children of Subjects Nor does the Civil Law differ from ours in this Matter for tho' under the name of Children are comprehended not only those who are in our Power but all who are in their own either of the Female Sex or descending from Females yet the Daughter's Children were always look'd on as out of the Grandfather's Family according to the Rule in Civil Law transcribed by our Bracton They who are born of your Daughter are not in your power And Privileges derogating from Publick Vtility were never thought to reach them as a Learned Civilian has it A Daughter is the End of the Family in which she was born because the Name of her Father's Family is not propagated by her And Cujacius makes this difference between Liberi and Liberi sui sui he says is a Legal Name the other Natural The former are only they who are in a Man's
Power or of his Family and Liberi strictly taken he will have to go no farther But in truth considering the Purview of the Statute which we are here upon Children in it seems to be restrain'd to Sons and Daughters without taking in the Descendants from either the Occasion of the Law being the Births of several ENFANTZ in Foreign Parts which could be but Sons or Daughters to the immediate Parents whether Kings or Private Persons 4. But however this may be enough for my purpose that there is no colour of any Settlement in force but that 1 H. 7. and admitting that to have continued till J. 2. had broken the Original Contract yet that being broken the present Assembly of Lords and Commons had full as much Authority to declare for King WILLIAM and Queen MARY as the Parliament 1 H. 7. had to settle the Crown For H. 7. could give them no Power but what he had received immediately from them Nor is it material to say He was Crown'd first since as I have shewn the Crown confers no Power distinct from what is deriv'd either from an immediate or prior Choice 3d. The Power having upon the Dissolution of the Contract between J. 2. and his former Subjects return'd to the People of Legal Interests in the Government according to the Constitution there can be no doubt with unbyass'd Men but this takes in them only who have Right of being in Person or by Representation in those Assemblies where is the highest Exercise of the Supreme Power But there are two Extremes opposite the to late Election made by such an Assembly The first is of them who would have all things go on in the same Form as under a Monarch which was impossible and therefore the Supreme Law the Publick Safety must needs supply the want of Form nor can be justly controverted till the Lawfulness of the End is disprov'd For all Means necessary to such an End are allowable in Nature and by all Laws But if this should still be disputed all their darling Laws made by the Long Parliament which met after that Convention Anno 1660. will fall to the Ground according to the strict Application of the Statute above-mentioned 16 Car. 1. nay the Attempt of Repealing that Statute being in a Parliament which had been actually dissolv'd before by that very Law which it went about to Repeal that Form which was usual before is in default of King and Officers supplied by another Provision for the Regular Meeting of Lords and Commons And what hinders but the People had as much Power to vary from the common Form when there was no King and that Form could not be observ'd as when there was a King and a possibility of having that Form Others suppose the Consequence of a Dissolution of this Contract to be a meer Commonwealth or absolute Anarchy wherein every body has an equal Share in the Government not only Landed Men and others with whom the Ballance of the Power has rested by the Constitution but Copy-holders Servants and the very Foeces Romuli which would not only make a quiet Election impracticable but bring in a deplorable Confusion But this Dilemma they think not to be answer'd Either the old Form as under a Monarch remains or it does not If it does the late Action of the Lords and Commons was irregular If it does not all the People are restor'd to their Original Rights and all the Laws which fetter'd them are gone Here we must distinguish upon the word Form for if it be taken of the Form of Proceedings or Administration 't is no Consequence that the Form of Government or Constitution should fail because we admit that the other does Mr. Hobbs indeed holds That when a Monarch for himself and his Children has left a Kingdom or renounces it the Subjects return to their absolute and natural Liberty Whom the Learned Pufendorf thus answers They who have once come together into a Civil Society and subjected themselves to a King since they have made that the Seat of their Fortunes cannot be presum'd to have been so slothful as to be willing to have their new Civil Society extinct upon the Death of a King and to return to their Natural State and Anarchy to the hazarding the Safety now settled Wherefore when the Power has not been conferr'd on a King by Right of Inheritance or that he may dispose of the Succession at pleasure it is to be understood to be at least tacitly agreed among them That presently upon the Death of a King they shall meet together and that in the Place where the King fix'd his Dwelling Nor can there well be wanting among any People some Persons of Eminence who for a while may keep the others in order and cause them as soon as may be to consult the Publick Good. The Author of a late Paper in relation to these Times has this Passage not to be neglected All Power is originally or fundamentally in the People formally in the Parliament which is one Corporation made up of three constituent essentiating Parts King Lords and Commons so it was with us in England When this Corporation is broken when any one essentiating Part is lost or gone there is a Dissolution of the Corporation the formal Seat of Power and that Power devolves on the People When it is impossible to have a Parliament the Power returns to them with whom it was originally Is it possible to have a Parliament It is not possible the Government therefore is dissolv'd Hence he would argue a necessity of having a larger Representative of the People that the Convention may be truly National But had this Ingenious Person observ'd Pufendorf's two distinct Contracts by the first of which a Provision was made for a Monarchy before any particular Person was settled in the Throne he would have found no such necessity But if immemorially the People of England have been represented as they were for this Assembly and no needful Form or Circumstance has been wanting to make the Representation compleat all Men who impartially weigh the former Proofs of Elections not without a righful Power must needs think the last duely made Dr. Brady indeed with some few that led him the Dance and others that follow will have the present Representation of the Commons of England to have been occasion'd by Rebellion 49 H. 3. But I must do him the Honour to own him to be the first who would make the Barons to have no Personal Right but what depends upon a King in being for he allows none to have Right of coming to Parliament but such only to whom the King has thought fit to direct Writs of Summons Yet I dare say no Man of sense who has read that Controversie believes him But were his Assertion true it might be granted that the Barons would have no more Personal Right to be of any Convention upon the total Absence or Abdication
Sea The Kingdom in the Isle again prevails And London trembles at discover'd Sails The West shall the Britannick Islands free The Recogniz'd from Low takes High Degree Scotch discontented Pyrats shall Rebell In a hot Night when Rains the Waters swell See a strange Stratagem The Rebel's Death By Contraries gives to their Cause new Breath By barb'rous Voyage back agen it spreads The Protestants at th' Entry raise their Heads Hot Wind cold Counsels Weeping Panick-Fear Assault by Night in Bed no Army near Oppression great Calamity do's raise Fears and Alarms transform the Bridal-days The Chief of London by Americ Reign Shall of a nipping Scottish Frost complain King Reb. so false an Antichrist shall have As shall occasion Victims for the Grave Within the Isles shall mighty Tumults come All Musick yielding to the Martial Drum. Th' Assailants shall such a brisk On-set make That all to the Great League themselves betake The City made a Slave of one so Free Shall the Assylum of the Banish't be The King would gladly change his froward Mind When he 100 shall 1000 find Norway and Dacia with the British Shore Shall the United Brothers vex full sore The Roman Chief proceeding from French Blood Shall have his Forces driven to the Wood. The Royal Church-man bowing's Head too low A Bloody Torrent from his Mouth shall flow The English Realm by ' nother Realm respires From Death in Slavery that Life inspires Thirty on London-bridge seek the King's Death The Guards shall make him pine away his Breath This Scene of Things remov'd a brown-hair'd King Shall there be chose who did from Frtezland spring The Brown-hair'd coming with Hawk-nose to Fight Shall put his baffl'd Enemy to flight The Exiles to the Land he shall restore Placing the Stoutest of them next the Shore He who the Principality shall hold By Cruelty indecent to be told At last shall see a mighty Army rang'd And his Condition into dang'rous chang'd 'T were better fairly to agree the Thing Lest him to 's Fate the Juyce of Orange bring One dubious not from far shall come to Reign The greater Party shall his Side sustain This by the Great One tho' it be withstood He can't maintain the Title of his Blood. A Kingdom betwixt Brothers in Contest With whom the British Arms and Name should rest The English Title shall be late advis'd Into French Air see one by Night surpriz'd The Successor aveng'd of 's Brother'n Law Whom that Pretence to take the Crown did draw The Obstacle being slain his Blood shall slight Britain shall long with treach'rous France unite Th' Unhappy driv'n away for Grief shall die A Woman celebrates the Victory The Ancient Law and Edict Freedom have The Wall and the Sev'nth Prince shall find a Grave The City the great Mastiff forc'd to leave Shall at the wonderful Alliance grieve Tho' he has made the tim'rous Hart to fly The Wolf and Bear shall yet his Pow'r defie Great Britain as compris'd in England known Shall with an Inundation be o're-flown The New Ausonian League shall offer War To all that to unite against it dare While thro' the Camp the mighty Losses ring The News shall Terror to the Soldiers bring Into Revolt whole Troops and Squadrons run The Great One leaves them seeing he 's undone The King shall find the Want approaching near Of all the Forces which he did cashiere The Faith shall fail which long had promis't been Forsaken and distrest he shall be seen Just upon Fighting shall Defection be The Adverse Chief obtains the Victory The Rere-Guard stand Death follows them that run In the White Territory this is done The City shall the Naval Force obey That shall return after a little stay The Citizens a Prize at Land shall gain The Fleet for a new Lading comes again A Land enslav'd shall in a Martial Hour See its self rais'd to high Degree of Pow'r Their Prince they 'll change and a Provincial mounts Passing the Seas with Forces rais'd near Monts Exiles by Hatred and intestine Ire Against their King successfully conspire The Foes in secret carry on the Mine And his old Friends help forward the Design The Elder Lion to the Young shall yield By single Duel in the Martial Field He in a Golden Cage shall lose his Eyes Two Navies one shall cruel Death surprize Near to the Bridge upon a spacious Plain The Lion shall Caesarian Force maintain Their Pride without the City he 'll abate Himself brought in with Crouds within the Gate To the great Neptune of the spacious Sea In whom French Blood and Punique Faith agree To try at last in Blood the Isles to drown More hurt than from the secret Ill is known Of the Condemn'd shall be a dismal Sight When in the same Design Monarchs unite One shall be so incumbred in 's Affairs They shan't be able to be join'd in Wars One day the two Grear Masters shall combine And find themselves advanc't in their Design The New Land to its Altitude shall rise The Number shall the Bloody-one surprise The Roman Pow'r shall kiss the lowly Ground And its Great Neighbour the like Chance confound Secret Debates and Civil Discords soon Shall stop the Follies of the poor Buffoon After a German Prince does come from far Carried aloft upon a Golden Car With Servitude and Waters in his Way The Dame shall serve and none her Pow'r obey Millain Ferrare Turin and Aquilee Capne and Brundis sorely vex't shall be By th' Eagle Lion and the Celtiques join'd And a Britannick Head Rome then shall find The Celtique Hero with a great amass Of banish't Worthies into Rome shall pass And the Great Pastor shall to Death consign All nigh the Alps who with the Cock shall join From Trojan Blood shall come a German Heart Who to so high Degree of Pow'r shall start That the Arabian Strangers he shall chase And to the Church restore its pristine Grace The Year that Saturn's out of Servitude The Free Land shall be cover'd with a Flood With Trojan Blood in Marr'age he 's ally'd And shall be safe with Spaniards on his Side The second Chief of the rough Danish Soil With those of Frieze and the bold British Isle Shall cause 100 000 Marks to be Spent in a Voyage into Italy The Royal Blood shall Forces raise to gain Th' expected Empire of the Vatican Flemings and English with the Spaniard joyn'd ' Gainst Italy and France shall be combin'd Long uninhabited shall be the Place Which Sein and Marne with watry Arms embrace Assaulted by the Tbames and
in decay The Scene of a Fifth-Monarchy shall lay Which while the Roman Empire does decline Out of the German-Ruins bright shall shine And with its Lustre terrifie the World E're thrice the Sun has thro' its Houses whirl'd This Europe's Kingdoms shall by Force subdue Or drive to Friendship while they War eschue Whence shall an Universal League be made Of all the Protestants for mutual Aid Of th' Orange Family it shall be said Our Belgick Lions shall the Armies Head And with undaunted Courage Terror spread Hence Glory Pow'r and an unrival'd Fame Shall to all Ages celebrate the Name David Pareus THere shall arise out of the Nation of the most Illustrious Lilies having a long Forehead higb Eye-brows great Eyes and an Eagle's Nose He shall gather a great Army and destroy all the Tyrants of his Kingdom and slay all that fly and hide themselves in Mountains and Caves from his Face For Righteousness shall be joined unto him as the Bridegoom to the Bride With them he shall wage War even unto the fortieth Year bringing into Subjection the Islanders Spaniards and Italians Rome and Florence he shall destroy and burn with Fire so as Salt may be sowed on that Land. The greatest Clergy-man who hath invaded Peter's Seat he shall put to Death and in the same Year obtain a double Crown At last going over the Sea with a great Army he shall enter Greece and be named The King of the Greeks The Turks and Barbarians he shall subdue making an Edict That every one shall die the Death that worshippeth not the Crucified One And none shall be found able to resist him because an Holy Arm from the Lord shall always be with him And he shall possess the Dominion of the Earth These things being done he shall be called The Rest of Holy Christians c. David Pareus Among PROPHECIES Printed ANNO 1682. ONe of long Forehead and of Eye-brows high An Eagles rising Nose and a full Eye From the Illustrious Lillies shall arise And his Realms Tyrants with his Arms surprise To Mounts and Caves they from his Face shall fly And many miserable Wretches die For Righteousness he as a Bride shall take And to the Forti'th Year fam'd Wars shall make Those of the Islands Spain and Italy Subject unto his Pow'r the World shall see Florence and Rome with raging Fire he 'll waste And Salt into the gaping Furrows cast The Prelate that does Peter's Seat invade To taste unwelcom Death by him is made And the same Year a double Crown he 'll gain With a great Army passing o're the Main Greece he shall enter stil'd the Grecian King Turks and Barbarians to Subjection bring By a firm Edict fixing Death on all That don't before the suff'ring Saviour fall None shall be found that can his Force abide Because God's Sacred Arm strengthens his Side The Empire of the Earth by him possest He shall be call'd The Holy Christian's Rest Ant. Torquatus GAlli cum Hispanis pluries longoque tempore pugnabunt Post Turcae cum Hispanis quibus omnibus tandem Hispani superiores erunt Omnia extrema visura passuraque est misella Italia sed praecipuè Longobardi Bellicus furor omnia maligna in Italiam effundet plus Italiae quà m caeteris provinciis astra minantur Apparebit namque fortissimus Princeps à Septentrione qui populos debellabit urbes dominia ac potentatus horribili cum terrore saevissimisque invictissimis bellis expugnabit universos sibi subjiciet vi Aquarum diluvia nedum in Italiâ verum etiam in aliis provinciis locis exundabunt ac humiliora operient loca Civitates Castra submergentur Futurumque est mare Piratis classibus plenum quo magno cum terrore civitates maritimas oppriment spoliabunt Unde fleant expectantes fleantque maximè Romani Imperii hostes Quot dominia mutabuntur quotque illustres familiae antiquae dominia amittent haud facile hoc narrari posset per maximè in Italia continget Quot respublicae per vim cum dolore suos status libertates amittent aliis dominis atque externis subjicientur Florentia Luca Janua Venetiae aliae quoque respublicae praedicto fato erunt subjectae nec evadere poterunt quo tardiùs id fiet eo durius infelicius-que eveniet eis eo fato prementur Nam tam ardua diraque necnon saevissima bella inter Gallos atque Germanos Hispanos ac inter eorum Reges oritura sunt inter quos Angli Italique miscebuntur etiam Turcae ad ea a Christianis in auxilium vocabuntur Itaque tunc videbitur quod totus status orbis sit ruiturus omnes prae confusione rerum timebunt ultimam ruinam Multi contra Romanum Imperatorem suos ferociter ferentur ibunt Sed Romanus Imperator tantâ vi repente contra hostes suos praeter omnem spem opinionem insurget quòd contra omne Judicium opprimet eos superabit ac vincet Gallorum Regem aut interficiet aut secundò capiet Tandem tamen gladio concidet aut amisso regno filiis calamitatibus oppressis ducibusque suis interfectis vitam finiet tunc ultra Gallorum laus sub Aquilâ volabit Tunc Galli infelices erunt Anglus quoque Rex Gallicis ruinis non longè dissimilia pertimescat infortunia Poterit ipsé cum suis adversam experiri fortunam ingenti strage prosterni quia tutum non est sed fatuum contra fata niti Sapiens tamen dominabitur astris FINIS Ant. Torquatus OFten and long Spaniards and French shall fight Then shall the Turks yield to the Spanish Might Poor Italy but Lombardy in chief Shall see and suffer various Grounds of Grief All Ills shall Italy invade by Wars Italy chiefly threatned by the Stars For from the North a Prince of Valour great Shall people Cities Potentates defeat Fierce and invincible against his Foes Subduing all who his Success oppose In Italy and other Countries too The Waters Towns and Castles shall o'reflow Pyrats and Navies shall the Sea infest And Sea port Towns be spoil'd and sore opprest A dismal Prospect this to many shows But most unto the Roman Empire's Foes 'T were tedious to recount how many Realms And Ancient Families Ruine o'rewhelms How many Commonwealths by Force and Fraud Out of their Lives and Liberties are aw'd Letting in cruel Masters from abroad Florence and Venice many other States Shall subject be nor can evade their Fates The longer 't is before they meet their Doom The fiercer will the mighty Ruine come French Germans Spaniards with their several Kings Engag'd in War perpetrate bloody things Italians and the English have their Share And by the Christians Turks invited are Many against the Roman Empire rise Fiercely assailing it and its Allies The Emp'ror shall arise to sudden Powr And conquer all his Foes in lucky Hour Leaving Belief and trembling Hope behind
And the French King from him his Fate shall find B'ing slain or twice a Pris'ner but at last He surely by the Sword his Death shall taste His Kingdom lost Progeny prest with Woe And all his Captains meet an Overthrow Then Fortune adverse to the Frenchmen brings Their Praise to crowch under the Eagles Wings The King of England then may justly fear The like Calamities with France to bear He and his Party luckless Chance may try And with a mighty Slaughter prostrate lie For Madness 't is against the Fates to rise And yet The Stars are govern'd by the Wise FINIS Advertisement THere are lately Printed for Timothy Goodwin at the Maidenhead against St. Dunstan 's Church in Fleet-street these Three Books following I. An Enquiry into the Power of Dispensing with Penal Statutes Together with some Animadversions upon a Book writ by Sir Edward Herbert Lord Chief Justice of the Court of Common-Pleas Entituled A short Account of the Authorities in Law upon which Judgment was given in Sir Edward Hales's Case II. The Power Jurisdiction and Priviledge of Parliament And the Antiquity of the House of Commons Asserted Occasioned by an Information in the King's-Bench by the Attorney-General against the Speaker of the House of Commons As also a Discourse concerning the Ecclesiastical Jurisdiction in the Realm of England occasioned by the late Commission in Ecclesiastical Causes III. A Defence of the Late Lord RVSSEL's Innocency By way of Answer or Confutation of a Libellous Pamphlet Intituled An Antidote against Poyson With Two Letters of the Author of this Book upon the Subject of his Lordship's Tryal Together with an Argument in the Great Case concerning Elections of Members to Parliament between Sir Samuel Barnardiston Plaintiff and Sir William Soames Sheriff of Suffolk Defendant In the Court of King's-Bench in an Action upon the Case and afterwards by Error sued in the Exchequer-Chamber All Three Writ by Sir Robert Atkyns Knight of the Honourable Order of the Bath and late one of the Judges of the Court of Common-Pleas Hi sunt qui trepidant ad omnia fulgura pallent Vid. the Lord Delamere and Sir Ro. Arkyns upon the Lord Russel's Trial and Mr. Hawles's Remarks upon that and others c. Sed quid Turba Romae sequitur fortunam ut semper odit Damnatos Nostredamus Natus Anno 1503. Denatus Anno 1566. The Edition here chiefly followed Anno 1568. Vid. his Preface to his Son. Cent. 9. 49. Cent. 2. 51 53. Vid. Nostredamus his Preface Cent. 3. 80. Cent. 1◠80. 82. 83. Cent. 6. 43. 3. 9. 3. 49. 6. 34. Cent. 5. 34. 9. 38. Gazet Dec. 6. Paris Dec. 8. Orders are given for the fortifying with all possible diligence the Town and Citadel of Blay on the Garonne a Cent. 9. 38. 9. 64. 10. 7. b Cent. 6. 2. c 5. 24. 5. 87. d Cent. 6. 7. 10. 56. 5. 18. 5. 4. 4. 22. 4. 75. 1. 13. 1. 35. 2. 78. 2. 38. 5. 4. e 8. 58. 10. 26. A MS. in Trinity-Colledge Library in Cambridge cited in the Future History of Europe Ed. An. 1650. and in the Northern Star. Nolo Nolle Nullus David Pareus natus Anno 1548. obiit Heidelbergae Anno 1622. postquam triennio ante per quietem vidisset totam urbem occulto incendio fumigantem c. Hoffmanni Lex Ant. Torquatus de eversione Europae Dedicated to Matthias King of Hungary Anno 1480. Edit Anno 1552. a See this excellently well done by my Learned Friend Mr. James Tyrrel in Patriarcha non Monarcha b Grot. l. 3. p. 52. Summae potestatis Subjectum Commune est Civitas Vid. Schellium de Jure Imperii p. 32. Plato 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 definit eum qui judiciorum magistratuum particeps sit Sam. Puffend de Officio hominis Civis p. 265. V. Sacrosanct regum Majest Potestas designativa personae collativa potestatis Nullus interritus est reipublicae naturalis ut hominis Cicero de Rep. Of equitable Reservations Vid. Earl of Clarenden's Survey of the Leviathan p. 86. speaking of a Contract whereby the absolute Power of Mens Lives shall be submitted c. He is not bound by the Command of his Sovereign to execute any dangerous or dishonourable Offices but in such Cases Men are not to resort so much to the Words of the Submission as to the Intention Which Distinction surely may be as applicable to all that monstrous Power which he gives his Governour to take away the Lives and Estates of his Subjects without any Cause or Reason upon an imaginary Contract which if never so real can never be suppos'd to be with the Intention of the Contractor in such Cases V. Cocceium de Principe pag. 197. Leges fundamentales regni vel imperii quae vel disertè pact ae sunt cum Principe antequam imperium ineat ut fit hodie cum imperatore quamvis non ad eum modum jura Majestatis possideat quo olim Principes plerisque aliis in regnis vel sub ipso regimine a Principe populo vel ordinibus conduntur ut est aurea bulla Carol 4. alia quaedam in imperio Romano-germanico vel saltem tacitè reipublicae inesse videntur Sanderson de Juramenti obligatione p. 41. Vid. Stat. 13 car 2. c. 1. Vid. infra V. Grounds and Measures of Submission Salus populi suprema lex Vid. Johannis a Felde Annotata ad Grot. c. 3. 4. Grot. de jure Belli Pacis c. 3. p. 60. Vid. Pufendorf Elementa Juris prud p. 256. Nemo alteri potest quid efficaciter injungere per modum praecepti in quem nihil potestatis legitimae habet Grot. c. 4. p. 86. habet pro derelicto Vid. Bellarmine how the Pope hooks in Temporals in ordine ad Spiritualia Vid. Leges S. Edwardi Jovian p. 280. Ib. p. 192 193. Jov. p. 87. Vid. Just Inst tit 2. Quum lege regiâ quae de imperio ejus lata est populus ei in eum omne imperium suum potestatem concedat Vid. Raevardum de Juris ambiguitatibus Lib 4. c. 12. de Jure publico Bilson of Christian Subjection Ed. 1586. p. 279. p. 280. Platonis Politicus f. 299. Ed. Serrani 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 V. Leges Sancti Edwardi 17. de Regis Officio Nec nomen Regis in eo constabit Vid. Bracton l. 2. c. 24. Est enim corona regis facere justitiam judicium tenere pacem sine quibus corona consistere non potest nec tenere Hoveden f. 604. Rex atque vicarius ejus Nota There was occasion for naming the Deputy by reason of the accession of Normandy requiring the King's absence sometimes Vid. the Case of Rehoboam inf in the Quotation out of Lord Clarendon Lambert Qui vigilanter defendunt regunt Ecclesiam Dei populum ejus Barones Majores Minores Vita Aelfredi f. 62. Ego tria promitto populo Christiano meisque