of GOD and all Natural Laws Which Answer of the Duke of York and h s Claim to the Crown was by the same Parliament expresly recognized and declared to be Good True Just Lawful and Sufficient And when in the same year Edward Earl of March eldest Son to the said Duke of York upon the death of his Father took possession of the Crown by the Name of King Edward the IVth his Title was in full Parliament by all acknowledged in these Words Knowing also certainly and without doubt and ambiguity that by GODs Law and the Law of Nature He viz. the said King Edward and none other is and ought to be true R ghtwise and Natural Liege and Soveraign Lord And that he was in right from the Death of the said Noble and Fam us Prinee his Father very just King of the same Realm of England And so little Respect was given to the aforementioned Act of Entail that it was not so much as repealed being esteemed from the very beginning null and void in it self Nor indeed were any Acts of Henry the IVth Vth. or VIth stiled Kings in Deed and not of Right deemed to be in force but such as were expresly confirmed by Edward the IVth in the same manner as his Sacred Majesty now reigning confirmed the judicial Proceedings of the late Usurpation As little Success had that Monster of Nature Richard Duke of Glocester who being by the Interest of several factious Lords chosen Protector to his Nephew the young King Edward the Vth having by that means gotten into his hands the military Force of the Nation pretending that the Children of his Brother King Edward the IVth were illegitimate laid claim to the Crown which he not only entailed by Act of Parliament upon himself and his Issue but the better to secure it in his Line caused the Innocent young King and his only Brother the Duke of York to be barbarously murthered in the Tower yet did he within three years lose both his Crown and Life to Henry Earl of Richmond on whom and his Heirs it was again by Act of Parliament entailed which yet would little have availed him or his Posterity had he not prudently acording to his promise by which several of the Nobility were induced to assist him married Elizabeth eldest Daughter of King Edward the IVth and immediate Heiress of the Crown whereby happily turning his Usurpation into a lawful Sovereignty he secured himself in the Throne But that his Issue by any other Lady could not have had better Success against the Princely House of York than Adonijah had against Salomon may more than probably be presumed if we shall consider what Fate attended the many mad Acts made by Henry the VIIIth about the Succession This haughty Prince whose capricious Humor none of his Parliaments durst gainsay having after above twenty years Cohabitation divorced his Queen a chast and vertuous Lady did in the twenty fifth year of his Reign disinherit by Act of Parliament the Lady Mary his Daughter by her settling the Crown by special Words for want of Issue Male on his Issue Female by the Lady Anne Bullen To the observation of which Act the whole Nation was obliged by an Oath imposed the year following the Refusal of which Oath was adjudged Misprision of Treason And yet in the twenty eighth year of his Reign he bastardized and made illegitimate to all intents and purposes as he had done formerly the Issue of Queen Katherine the Issue betwixt him and the Lady Anne Bullen barring them to claim challenge or demand any Inheritance as Lawful Heir or Heirs to him by Lineal Descent making it Treason for any one notwithstanding their former Oath by Words Writing Printing or any other exterior Act directly or indirectly to call any of the Children born under the unlawful Marriages of Katharine and Anne Bullen legitimate and enacting that in case he had no Issue by Jane his then Queen he might dispose of the Crown to whatsoever person or persons he pleased the whole Nation being bound to the observance of this Law by the Sanctimony of an Oath the refusal whereof was made High Treason After all this in the thirty fifth year of his Reign he by another Act entailed the Crown on himself Prince Edward and the Princesses Mary and Elizabeth without repealing the former Acts or taking the least notice of their being so signally bastardized and for default of Heirs of their Bodies on such person or persons as he should nominate by his Letters Patents under his Great Seal or by his last Will in writing signed by his most Gracious Hand the whole Nation being again sworn to observe his pleasure herein Consequently whereunto he by such his last Will and Testament solemnly bequeathed the Crown upon failure of his own Issue to the House of Suffolk being the Issue of his younger Sister Mary excluding by that means from the Throne as much as in him and his Act of Parliament lay the Issue of his Elder Sister whose Royal Blood he affirmed the cold Air of Scotland to have frozen up in the North. Yet when after the Death of his three Children reigning successively these disinheriting Statutes the last whereof was confirmed by Act of Parliament in the first year of Queen Elizabeth in whose thirteenth year there passed also an Act That it should be Treason during her Life and a Praemunire afterwards to assert that the Imperial Crown of England could not be disposed of by Act of Parliament came to the Test they had not the Honor to be repealed but were held null and void from the beginning as being notoriously repugnant to the Laws both of GOD and Nature and the common Customs and Constitutions of the Realm And the Lords Spiritual and Temporal and the Commons assembled in Parliament notwithstanding all these unrepealed Acts having confest the Inestimable and unspeakable Blessings accrewing from the Vnion of England and Scotland under one Imperial Crown in the Person of King James lineally rightfully and lawfully descended of the most Excellent Lady Margaret Eldest Daughter of the most renowned King Henry the VIIth and the high and noble Princess Queen Elizabeth his Wife eldest Daughter of King Edward the IVth proceeded to the Recognition of his Title in these Words We being bounden thereunto both by the Laws of GOD and Man do recognize and acknowledge that immediately upon the Dissolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belonging to the same did by inherent Birthright and lawful and undoubted Succession descend and come to your most Excellent Majesty as being lineally justly and lawfully next and sole Heir of the Blood Royal of this Realm And that by the Goodness of GOD Almighty and lawful Right of Descent Your Majesty is under one Imperial Crown of the Realms and Kingdoms of England Scotland France and Ireland the most potent and mighty
King And thereunto we most humbly and faithfully do submit and oblige our selves our Heirs and our Posterities for ever And some years after it was by all the Judges of England expresly resolved in Calvins Case That King James his Title to the Crown was founded upon the Laws of Nature viz. by inherent Birth-right and Descent from the Blood-Royal of this Realm All Acts of Parliament then for excluding from the throne the next Heir of the Blood Royal on whom the Crown descends by the Laws of God and Nature by inherent Birthright and undoubted Succession being ipso facto null and void it is not to be wondred that his present Sacred Majesty so constantly declared that he would never consent to alter the Descent of the Crown in the right Line as not being willing by shewing his People a Method of disposing the Succession to shake at the same time the Title of his own Possession Since it is evident that the Heir apparent or next of Blood hath the same Right to enjoy the Crown after his Predecessors Death as the Actual Possessor hath to it during his Life and consequently that the People have no more Right to disinherit the one than to depose the other Nor can any man be blamed for apprehending that some such thing might be aimed at by the first Projectors of the Bill for excluding his Royal Highness from the Succession if it shall be considered that the chief Sticklers for that Bill insisted on the Deposition of Edward the IId contrived by a leacherous Queen and disloyal Parliament and that of Richard the IId who was for pretended Misgovernment removed from the Throne by a Parliament over-awed by an Army of fourty or fifty thousand men and Henry the IVth substituted in his stead that during the Heat of these debates the Answer to the Great and Weighty Considerations wherein besides many other treasonable Passages the Author has these express words I hope there are very few in this Nation that do not think it in the Power of the People to depose a Prince who really undertakes to alienate his Kingdom or give it up into the hands of another Soveraign Power or really acts the Destruction or general Calamity of his People was publickly sold before the very Doors of Parliament and that the same House of Commons which was with so much eagerness hurried on to the passing of that Bill was also prevailed upon to importune his Majesty in behalf of the publisher of that pernicious Appeal from the Country to the City which by affirming that No Government but Monarchy can in England ever support or favor Popery endeavors not only to destroy the King but even Kingship it self But well fare the noble Lords of England who with a Nolumus Leges Angliae mutari rejected that abominable Bill which tho it would if passed into an Act have been of no greater Force or Validity than the Wild Ordinances of the Rebellious Parliament of 1640. yet might it as they were be made use of to induce the deluded Multitude to hazard their Souls Bodies and Estates by a damnable Opposition of their Lawful Soveraign and to raise up a Contest in this Nation not unlike to the old Yorkish and Lancastrian Quarrel the Thoughts whereof every good man must certainly dread when he shall seriously consider how that War lasted about sixty years and cost the Kingdom its whole Treasure and the Lives of above two hundred thousand of the Commons besides several Kings and Princes and Nobles without number So sensible was the renowned Queen Elizabeth of those fatal Consequences which necessarily attend so unjust an Act as that of altering the Succession that altho for Reasons obvious enough and needless here to be mentioned she yeilded to pass an Act whereby it was made Treason to say that she and her Parliament could not dispose of the Crown yet could she never be brought to give her Consent to the actual disposing thereof tho the next Heir then alive was not only a Papist but her own Rival to the Throne Nay she was so averse to any such Act that as Camden tells us She never heard any thing more unwillingly than that the Title of Succession should be called into question And therefore she sent Mr. Thornton Reader of Law in Lincolns-Inn to the Tower because in his Reading he called in question the Queen of Scots Title to the Crown And when the Lord Keeper Bacon was accused by the Earl of Leicester for having intermedled against the Queen of Scots Right to the Succession and for being privy to a Book wherein Hales went about to derive the Title of the Crown of England in case the Queen should die without Issue to the House of Suffolk Hales was therefore committed to the Tower and Bacon tho denying it was not without great difficulty restored to favor So likewise when in the eighth year of her Reign Bell Mounson and a great Number of the House of Commons thought it their Right as Representatives of the whole Kingdom whereof they do not in reality represent the sixth part to decide settle the Succession the Queen by a Prince-like Speech in the Parliament-House speedily suppressed their Insolence In like manner when in the thirty fifth year of her Reign 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 to Her Majesty for entailing the Succession of the Crown for which they had a Bill ready drawn the Queen highly displeased hereat charged her Councel to call the Parties before them Whereupon Sir Thomas Henage sending for them commanded them to forbear the Parliament and not to go out of their several Lodgings They were after called before the Lord Treasurer Lord Buckhurst and Sir Thomas Henage by whom Wentworth was committed to the Tower Sir Henry Bromley and other Members of the House of Commons to whom he had imparted the matter being sent to the Fleet. So careful was this prudent Queen to keep the People from presuming to intermeddle with the Succession The same Consideration that the Altering or Diverting the Succession in an hereditary Monarchy where the Kings deriving their Royal Power from GOD Almighty alone do succeed lineally to the Crown according to the known Degrees of Proximity in Blood cannot be attempted without involving the Subjects in Perjury and Rebellion and exposing of them to all the Fatal and Dreadful Consequences of a Civil War not only caused the Estates of Scotland in their very last Sessions of Parliament from an hearty and sincere Sence of their Duty to recognize acknowledge and declare That the Right to the Imperial Crown of that Realm is by the Inherent Right and the Nature of the Monarchy as well as by the Fundamental and unalterable Laws of the Realm transmitted and devolved by a Lineal Succession according to the Proximity of Blood And that upon the Death of the
and forced to fly into the Isle of Man where he died Anno. 819. TRAWST the Daughter of Elise by her Husband Sitsylht had Issue Lhewelyn who married Angharad the Daughter and Heir of Meredyth King of Southwales This Lhewelyn in the Year 1015. raised a great Power against Aedan the Son of Blegored who had usurped the Kingdom of Northwales whom with his four Sons having slain he took to himself the Name and Authority of King of Wales 1. Gruffyth who in the year 1037. having slain in battle Jago King of Northwales assumed the Kingdom to himself A Daughter not named married to Fleance Son of Bancho a Scotch Nobleman cruelly murthered by Mackbeth King of Scotland whose Fury Fleance escaping fled into Wales where being kindly received by King Gruffyth he privately married his Daughter whereat the King who by his Daughters being with Child had found out the Marriage was so highly offended that he caused Fleance to be kild and his Daughter imprisoned who was soon after delivered of a Son which was named Walter who going into Scotland grew into such Favor with King Malcolm the IIId that he was by him made Lord High Steward of Scotland receiving the Kings Revenues of the whole Realm by the faithful Discharge of which Office he merited for for himself and Posterity the Surname of Stuart 2. Rees slain at a place called Bulendune in the year 1053. 2. Conan slain with his Brother Lhewelyn in the year 1021. This was the Rise and Original of the Royal Family of the Stuarts which has now for above three hundred years been in possession of the Crown of Scotland and about fourscore the sole Monarchs of Great Britain But tho this Descent be of the Younger House as coming from Elise second Son of Anarawd the first King of Northwales yet that his present Majesty of Great Britain is by Right of Primogeniture the next and undoubted Heir to Cadwalladar will manifestly appear by the following Table representing The Progeny Of Cadwalladar continued from Edwal Voel the eldest Son of Anarawd to our present Dread Soveraign King CHARLES the IId now swaying the Scepter of Great Britain EDWAL VOEL King of Northwales and Sovereign of all Wales eldest Son of Anarawd first King of Northwales and Grandson of Roderick Mawr King of Wales had Issue 1. Meyric who was deprived of his Inheritance first by his Cosen Howel Dha the eldest Son of Cadelh first King of Southwales afterwards by his own Brethren Jevaf and Jago In the year 973. he had his Eyes put out by his Nephew Howel the Son of Jevaf and soon after died in Prison leaving behinde him two Sons 2. Jevaf who with his Brother Jago after the Death of Howel Dha usurped the Kingdom of Northwales being the Right of their eldest Brother Meyric About the year 967. he was Imprisoned by his Brother Jago and in the year 973. set at liberty by his Son Howel who chased Jago out of the Land and took the Kingdom to himself 3. Jago who together with his Brother Jevaf in the year 948. after the Death of Howel Dha usurped the Kingdom of Northwales which of right belonged to their elder Brother Meyric MEYRIC the Son of Edwal Voel had Issue 1. Jonaval who in the year 985. was slain by Cadwalhon the Son of Jevaf and left no Issue 2. Edwal who in the year 992. recovered his Grandfathers Inheritance and after six years was slain by Swayn King of Denmark Jago who being under Age at his Fathers Death was deprived of his Inheritance by Aedan the Son of Blegored slain in the year 1015. by Lhewelyn the Son of Sitsylht who being in the year 1021. kild by Howel and Meredyth the Sons of Edwyn Jago recovered his Kingdom but was in the year 1037. slain by Gruffyth the Son of Lhewelyn Conan who being by Gruffyth ap Lhewelyn driven out of his Inheritance fled into Ireland where he married the Daugher of Alfred King of Develyn Gruffyth who in the year 1078. bringing a great Army of Irishmen and Scots into Wales and joyning with Rees ap Theodor the Heir of Southwales recovered his Grandfathers Kingdom He is the last to whom the Welâ—… Historians give the Name of King GRVFFYTH Son of Conan had Issue Owen Gwyneth Prince of Northwales and Soveraign of all VVales He died in the year 1169. leaving behind him a numerous Issue 1. Jorwerth Drwyndwn deprived of Inheritance by his younger Brother David Lhewelyn Prince of Northwales and Soveraign of all VVales for his Heroick Acts surnamed the Great who in the year 1237. being weakned by a Palsy and vexed with the Rebellion of his Base Son Gruffyth sent Ambassadours to Henry the IIId King of England submitting himself to his Protection condescending to hold his Principality of him and promising upon all Occasions to assist him to the uttermost of his Power He died in the year 1240. 2. David who usurping the Right of his eldest Brother succeeded his Father in the Principality which he held till the year 1194. when he lost it to his Nephew Lhewelyn the right Heir LHEWELYN the Son of Jorwerth by his Wife Jone Daughter to John King of England had Issue David Soveraign Prince of VVales who submitted himself and his Principality to his Uncle Henry the IIId King of England doing him Homage and Fealty for the same He died in the year 1246. without Issue Gladys Dhu a Daughter married to Ralph Lord Mortimer of Wigmor by whom she had Issue Roger Mortimer Lord of VVigmor who ought to have succeeded his Uncle David in the Principality of VVales but the VVelsh Nobility out of their Aversion to the English not regarding his Right did their Homage to Lhewelyn and Owen Goch Sons of Gruffyth Bastard-brother to the last Prince who divided the Principality between them till that Lhewelyn in the year 1254. having taken his Brother Owen Prisoner in battel enjoyed alone the whole Principality But in the year l282 Lhewelyn being slain by one Adam Francton an Englishman all VVales was by Edward the Ist brought in Subjection to the Crown of England and has so continued ever since The Eldest Son of Roger Mortimer by his Wife Maud Daughter of VVilliam de Bruse Lord of Brecknock was Edmund Mortimer Lord of VVigmor EDMVND MORTIMER Lord of VVigmor had Issue Roger Mortimer Lord of VVigmor who married Jone Daughter and Heir of Sir Peter Genivil was created Earl of March by King Edward the IIId and afterwards attainted Edmund Mortimer Lord of VVigmor married Elianor Widow of VVilliam de Bohun Earl of Northampton one of the Daughters and Heirs of Bartholomew Badelsmer Lord of Leeds in Kent Roger Mortimer Lord of VVigmor restored by King Edward the IIId to the Earldom of March and all his Grandfathers Inheritance Honors and Possessions the Attainder being repealed Edmund Mortimer Earl of March and Lord of VVigmor married Philippa Daughter and sole Heir of Leonell Duke of Clarence in whose Right he was Earl of Vlster He died
at Cork in Ireland Anno 1381. EDMVND MORTIMER Earl of March had Issue Roger Mortimer Earl of March and Vlster Lord of Wigmor Trym Clare and Connaght who married Elianor Eldest Daughter and one of the Heirs of Thomas Holland Earl of Kent 1. Roger Mortimer died without Issue 2. Edmund Mortimer died without Issue 3. Anne Mortimer married to Richard Plantagenet Earl of Cambridge by whom she had Issue Richard Plantagenet Duke of York Earl of Cambridge March and Vlster Edward the IVth King of England and France and Lord of Ireland 1. Edward the Vth. King of England and France and Lord of Ireland murthered in the Tower left no Issue 2. Richard Plantagenet Duke of York murthered with his Brother King Edward left no Issue 3. Elizabeth eldest Daughter to Edward the IVth married to Henry the VIIth King of England and France and Lord of Ireland ELIZABETH eldest Daughter to King Edward the IVth by her Husband King Henry the VIIth had Issue 1. Arthur Prince of VVales died before his Father and left no Issue 2 Henry the VIIIth King of England France and Ireland Defender of the Faith 1. Edward the VIth King of England France and Ireladd died without Issue 2. Mary Q. of England France and Ireland died without Issue 3. Elizabeth Queen of England France and Ireland died without Issue 3. Margaret eldest Daughter to Henry the VIIth married to James the IVth King of Scotland by whom she had Issue James the Vth. King of Scotland Mary Queen of Scotland who was by her Subjects infected with Calvinism of which it is truly observed that it never entred into any Country but by Rebellion expelled her Kingdom and forced to fly for shelter into England where so implacable is Presbyterian Malice they never left persecuting her till they had brought her after eighteen years Imprisonment to end her dayes upon a Scaffold By her Husband Henry Lord Darnley Son to Mathew Stuart Earl of Lenox she had Issue James the VIth King of Scotland who after the Decease of Elizabeth Queen of England as next Heir enjoyed the Crown of this Realm whereof he was no sooner possest but he reassumed the Title of Great Britain 1. Henry Prince of Wales died before his Father and left no Issue 2. CHARLES the Ist King of Great Britain France and Ireland Defender of the Faith a Prince of incomparable Vertues and Endowments who was on the 30th of January 1648. barbarously and inhumanly murthered before the Gates of his own Royal Palace by a traitorous Crew of villanous Phanaticks so secure in their own Thoughts of having thereby extirpated Monarchy out of this Island that they insolently set up on the Royal Exchange in the place where his Statue which they maliciously decollated had been erected amongst those of his Predecessors this Inscription Exit Tyrannus Regum ultimus 1. CHARLES the IId by the Grace of God King of Great Britain France and Ireland Defender of the Faith now reigning Whō GOD long preserve 2. The Illustrious Prince James Duke of York and Albany 3. Mary Mother to the present Prince of Orange 4. Henrietta Mother to the present Queen of Spain 3. Elizaheth married to Frederick Prince Palatine of the Rhine by whom she had a numerous Issue CHAP. X. Of the present Government of Great Britain in general OF Monarchies some are Hereditary the Crown descending either only to the Heirs Male as has long been practiced in France or to the next of Blood without Distinction of Sex as in Great Britain and Spain Others are Elective where upon the Death of every Prince another is chosen to succeed without any respect to the Heirs of the Predecessor as is used in Poland Of Hereditary Monarchies some are dependent holden of earthly Potentates to whom the Princes are obliged to do Homage for the same as is the Kingdom of Naples holden at this day of the Pope by the King of Spain Others are independent whose Princes acknowledge no Superior upon Earth but hold only of GOD and by their Sword Of this latter sort is the Empire of Great Britain being an Hereditary Monarchy consisting of two Provinces or Kingdoms governed by one Supreme Absolute Independent Undeposable and Unaccountable Head according to the known Laws and Customs of each Kingdom It is a Free Monarchy challenging above many other Europaean Kingdoms an Exemption from all Subjection to the Emperor or Laws of the Empi to which as the Northern Part of the Island or Kingdom of Scotland was never subject so the Southern part since called the Kingdom of England being abandoned by the Romans who had by force obtained the Dominion thereof the Right of Government by all manner of Laws reverted to the ancient Inhabitants to the last of whose Kings viz. Cadwalladar our present Sovereign is as appears by the precedent Genealogy by Lineal and Legitimate Descent the true and unquestionable Heir And as it is exempt from all forreign Jurisdiction and Dominion so likewise is it free from all Interregnum and many other Domestick Mischiefs whereunto Elective Kingdoms are ordinarily subject It is a Monarchy wherein the Grace and Bounty of its Princes rendring the subordinate Concurrence of the three Estates necessary to the making and repealing of all Statutes or Acts of Parliament in either Realm have afforded so much to the Industry Liberty and Happiness of the Subject and made the Yoak of Government so easy and its Burden so light that were it not for those malevolent and Fanatical Spirits which by sowing Jealousies amongst the People and raising Animosities in their Minds against their Prince endeavor to deprive us of the benefit of our Parliaments by rendring their Meetings unpracticable our Condition might well be envied by all other Nations of the Universe CHAP. XI Of the Monarch of Great Britain and therein of his Name Title Arms Dominions and Strength Of his Person Office Prerogative Soveraignty Divinity and Respect TO the Monarch of Great Britain is given in English which is the Language most generally spoken through his whole Dominions the Name King which hath its Original from the Saxon Word Koning and intimateth that Power and Knowledge wherewith every Soveraign should especially be invested The Modern Title used by the Monarch in all Treaties with forreign Princes and in all publick Affairs relating to his whole Dominions and stamped upon his Coin is By the Grace of GOD King of Great Britain France and Ireland Defender of the Faith but in all Writs and other publick Instruments referring to the particular Concerns of either Kingdom of England or Scotland the two Kingdoms are distinctly named that Kingdom having the Precedency in such Instrument which is therein particularly concerned To the King alone belongs Dei Gratiâ taken simply and in the strictest sense as holding his Regal Dignity by the Favour of none but GOD the Archbishops and Bishops to whom that Title is also sometimes given must understand Dei Gratiâ Regis For tho their Character and
that as their Persons were sacred and Spiritual so it was no less a part of their Duty to take care of the external Regulation and peace of the Church than of the Civil Government of their States Yet were there antiently none anointed but the two Emperors of the East and West the Kings of France England Sicily and Hierusalem amongst whom the Monarch of Great Britain may lay as ancient a Claim to this Holy Unction as any other Prince of Europe the very first Kings of this Island after it was freed from the Jurisdiction of the Romans having been anointed By reason of which Unction it was in the Reign of Edward the IIId declared that the Kings of England were capable of Spiritual Jurisdiction Of this Sacred Person of the King of his Life and Safety so singular a Care is taken that the Laws of both the Realms whereinto this Island is divided do herein agree that it is High Treason only to imagin or intend the Death of the King And because likewise by imagining or conspiring the Death of the Kings Councellors or Great Officers of his Houshold the Death of the Sovereign may ensue and is usually aimed at all such Conspiracies tho never taking effect are punished with Death tho in all other Capital Cases no man is put to Death unless the Act follow the Intent Nay in so high an esteem is the Kings Person had that to offend against those Persons and Things whereby he is represented as to kill some of the Crown Officers or any of the Kings Judges executing their Office to counterfeit the Kings Seals or his Moneys is made High Treason because by all these his Sacred Person is represented And so horrid is this Crime of High Treason that besides the Loss of Life and Honour the Criminal forfeits all his Estate Real and Personal his Wife loses her Dower his Children their Nobility and all their Right of Inheritance to him or any other Ancestor and are to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them For so heinous is this Offence that the Law can hardly endure to see the Posterity of the Offender survive him And rather than Treason against the Kings Person shall go unpunished the Innocent shall in some cases suffer for if an Ideot or Lunatick who having no Will cannot possibly be said to offend shall during his Ideocy or Lunacy kill or go about to kill the King he shall be punished as a Traytor tho not being Compos mentis he can neither commit Felony Petit Treason or any other sort of High Treason So tender a Regard is moreover had of this most precious Person of the King that no Physick ought to be administred to him but what his Physicians prepare with their own Hands and not by the Hands of any Apothecary nor are they to use the Assistance of any Chirurgeons but such as are sworn Chirurgeons to his Person This Person of the King in his Natural as well as Politick Capacity is every Subject to defend with his own Life and Limbs For the King being Father of his Country it should seem a pleasant thing to every Loyal-hearted Subject to lose Life or Limb in defending him from Conspiracies Rebellions or Invasions or assisting him in the Execution of his Laws The Office of the Monarch of Great Britain and indeed of every Christian Prince Office was by the Holy Roman Bishop St. Eleutherius described to our first Christian King Lucius Which Description recorded in the Laws of St. Edward the Confessor King of England is as followeth A King being the Minister and Delegate of the Supreme King is appointed by GOD for this end that He govern this Earthly Kingdom and People of our Lord and above all that he govern and venerate his Church defending it from all who would injure it That he root out of it and utterly destroy all Evil-Doers For the better enabling themselves to discharge this great and weighty Office to the just and upright Performance whereof every King at his Coronation obliges himself by solemn Oath Prerogatives the Monarchs of Great Britain have reserved as inherent in their Crown certain extraordinary Powers Preeminences and Priviledges commonly called Royal Prerogatives some of the most remarkable whereof in which as being necessary for the Preservation of the Government and the Safety and Interest of the People the Laws of both Kingdoms agree do here follow The King solely and alone has by his Royal Prerogative without any Act of Parliament the absolute Power of declaring War making Peace sending and receiving Ambassadours entring into and concluding Leagues and Treaties with any Forreign Prince or State He has the sole Disposing and Ordering of the Militia by Sea and Land raising Forces Garrisoning and Fortifying Places setting out Ships of War and Pressing Men if need require He alone disposes of all Magazins Ammunition Castles Fortresses Ports and Havens and has the laying out and employing as he pleases of all Publick Monies or the Revenues of the Crown and Kingdom He appoints the Metal Weight Purity and Value of Money and may by his Proclamation make any Forreign Coin to be lawful and Current Money within his Dominions By his Royal Prerogative he may of his meer Will and Pleasure convoke adjourn prorogue remove and dissolve Parliaments and may to any Act passed by them give or refuse without rendring any Reason his Royal Assent without which a Bill is but a meer Cadaver a lifeless and inanimate Lump He may at his pleasure increase the number of the Members of Parliament by creating new Barons and bestowing Priviledges upon other Towns to send Burgesses to Parliament Yea he may call to Parliament by Writ any one whether Alien or Native whom he in his Princely Wisdom shall think fit and may refuse to send his Writ to some others that have sat in former Parliaments His Majesty alone hath the Choice and Nomination of all Magistrates Councellors and Officers of State of all Bishops and other high Dignities in the Church of all Commanders and other Officers at Sea and Land the bestowing of all Honors of the higher and lower Nobility the Power of determining Rewards for Services and Punishments for Misdemeanors He may by his Letters Patents erect new Counties Bishopricks Universities Cities Burroughs Hospitals Schools Fairs Markets Courts of Justice Forrests Chases and Free-Warrens He hath by his Prerogative Power to enfranchise an Alien and thereby to enable him to purchase Houses and Lands and to bear some Offices He hath Power to grant Letters of Mart or Reprisal Safe Conducts c. No Proclamation can be made but by the King Between which and a Statute as the Difference originally was not great the King making the latter by the Common Councel of the Kingdom whereas in the former he had but the Advice of his great Councel of the Peers or of his Privy Councel only So what Judgment Parliaments have formerly
Vlpian for a Rule of the Civil Law Princeps Legibus solutus est The Prince is not bound by the Laws Agreeable whereunto is what is said in the Laws of England Potestas Principis non est inclusa Legibus The Power of the Prince is not included in the Laws Hence no doubt it was that Mr. Grivel in the Thirty first year of Queen Elizabeth said in Parliament That he wished not the making of many Laws since the more we make the less Liberty we have our selves Her Majesty not being bound by them Yet is not this so to be understood that Kings have hereby a right to do Injury but that it is Right for them to go unpunished by their People if they do it The King cannot be impleaded for any Crime No Action lieth against his Person For the Writ goeth forth in his Name and he cannot arrest himself If he should which God forbid violently seizâ— upon the Estate of any Subject having no Title by Law so to do the only Remedy is by Petitioning him to amend his Fault which if he shall refuse to do it will be Punishment sufficient for him to expect that GOD who has given him his Prerogative of being above all Laws for the good only of them that are under the Laws and for the Defence of his Peoples Liberties will severely avenge the Cause of oppressed Loyal Subjects But altho whatever the King shall do he is not questionable for it by his Subjects yet there are divers things which he cannot do Salvo Jure Salvo Juramento Salva Conscientia sua For by an Oath taken at his Coronation the King obliges himself and indeed without any Oath he is by the Law of Nature and Christianity as are all other Christian Kings obliged to procure the Safety and Welfare of his People to protect and defend them against their Enemies to maintain and preserve them in their Properties just Rights and Liberties to administer upright Justice with Discretion and Mercy and in order thereunto to consent to the enacting of good Laws and repealing of Bad. Thus the King can do nothing unjustly nor can he divest himself or his Successors of any part of his Regal Power Prerogative and Authority inherent in the Crown and necessary for the Government and Protection of his People Two things there are especially which having somewhat of Odium in them the King doth not usually do without the Consent of his Parliament that is make new Laws and impose new Taxes the one whereof seems and does but seem to infringe the Peoples Liberties and the other to entrench upon their Properties To take away therefore all Occasions of Disaffection to the Anointed of the Lord stiled in Holy Scripture the Breath of our Nostrils and the Light of our Eyes the Wisdom of our former Princes his Majesties Royal Ancestors has contrived that for both these there should Petitions first be made by the People to the King Tho these and divers other Prerogatives do rightfully belong unto and are enjoyed by the Monarch of Great Britain yet doth he ordinarily govern his people by the known Laws and Customs of his Kingdoms making use of his Royal Prerogative for the Benefit not Damage of his Subjects in some rare and extraordinary Cases only Hereunto may be added a singular and Miraculous Priviledge enjoyed by the Kings of Great Britain quatenus Kings conferred first by the Divine Benignity upon that Blessed King of England St. Edward the Confessor and ever since continued to his Successors which is by the Imposition of their Sacred Hands to drive away and cure that stubborn Disease called the Struma or Scrofula and by us commonly from this supernatural manner of its Cure the Kings Evil. Upon certain dayes almost every Week during the cold Seasons his Majesty graciously permits all that are afflicted with that Disease having been first carefully viewed and allowed by his Chirurgeons to be brought into his Royal Presence Where an appointed Form of Divine Service consisting of some short Prayers pertinent to the Occasion and two Portions of Holy Scripture taken out of the Gospel being read the King at the pronouncing of these Words They shall lay their hands upon the Sick and they shall recover gently draws both his Hands over the Sore of the sick person the same words being repeated at every Touch. And at these Words This was the true Light which enlightneth every Man that cometh into this World he putteth about the Neck of each Sick person a piece of Gold called from the Impression an Angel being in value about eleven Shillings Sterling This evident Cure is by many malignant Nonconformists those true Sons of Belial daily despising and speaking evil of Dignities ascribed to the Strength of Fancy and exalted Imagination but little do they reflect upon how many tender Infants no way capable of such Transports this stupendious Cure is effectually performed Respect In consideration of these and many other transcendent Excellencies to no Prince or other Potentate in Christendom is done more Honour Reverence or Respect than to the Monarch of Great Britain All his Subjects at their first Addresses kneel unto him At Table he is served on the knee All persons the Prince or other Heir apparent not excepted are bare-headed in his Presence In the Presence Chamber tho the King be not there all men are not only uncovered but do or ought to do Reverence to the Chair of State The Kings only Testimony of any thing done in his presence is of as high a Nature and Credit as any Record And in all Writs sent forth for the Dispatch of Justice hee useth no other Witness but himself viz. Teste meipso As the King of Great Britain is thus reverenced and respected at home so is he no less honored and esteemed abroad For if he be regarded solely as King of England we shall find that the Emperor was accounted Filius major Ecclesiae the King of France Filius minor and the King of England Filius adoptivus That in General Councels the King of France took place on the Emperors Right Hand the King of England on his Left the King of Scots having Precedency next before Castile And that tho since the time of the Emperor Charles the Vth. the Kings of Spain have challenged the Precedency of all Christian Princes which nevertheless they have within this twenty years yielded to France yet in the time of our King Henry the VIIth Pope Julius gave it to the English before the Spaniard But if looking upon him as succeeding to the ancient British Kings whose true and undoubted Heir he is by Lineal and unquestionable Descent we shall consider the Antiquity of his Predecessors either as Kings Reigning here above a thousand years before the coming in of the Romans His Majesty now regnant being from the first British Kings the hundred thirty nineth Monarch or as Christians this Island having not only shewn to the World the first Christian King
him and holding his Court apart from the King In the eighth year of his Age being taken from the Charge of his Women Education he had for Governor William then Earl afterward Marquess and lately Duke of Newcastle and after him Thomas late Earl of Berkshire and for Tutor or Preceptor Dr. Brian Duppa then Dean of Christ-Church in Oxford soon after Bishop of Chichester after that of Salisbury and lately of Winchester In October 1642. the two Houses having out of their superabundant Loyalty and great Zeal for the preservation of their Soveraign raised an Army to divest him of his Soveraignty he was with his Father at the Battel of Edge-Hill and not long after was at Oxford committed to the Care of William Marquess of Hertford whom after his own happy Restauration he restored to the Dignity and Precedency of Duke of Somerset In the fifteenth year of his Age he was sent by his Father into the West of England to perfect an Association begun there in the end of the foregoing Summer And not long after there was a Marriage proposed between him and the Infanta Joanna eldest Daughter to the King of Portugal since deceased Departure out of England The year following Barnstable being taken and Exeter besieged by the Rebels he withdrew from Devonshire into Cornwall from whence he passed into the Isle of Scilly and thence to the Queen his Mother being at St. Germains near Paris In the year 1648. a Considerable part of the Royal Navy encouraged thereto by Captain Batten formerly Vice-Admiral to the Earl of Warwick being put into his Power he endeavored to rescue the King his Father out of the impious hands of his rebellious Subjects But failing of Success he was forced to retire to his Sister at the Hague where not many Months after upon the sad News of the barbarous Murther of his Royal Father he was first saluted King soon after proclaimed in Scotland and most Towns of Ireland being yet under nineteen years of Age. In the latter end of the year 1649. he received being then in Jersey Coming into England a Message from the Committee of Estates of Scotland brought by Mr. George Windram of Liberton and the March following met the Scotch Commissioners at Breda in Holland and about the beginning of June 1650. being invited by a solemn Message from the Estates of that Kingdom he took Shipping at Scheveling and having escaped the danger both of a sudden Storm that cast him upon certain Danish Islands and of a Fleet of English Vessels sent out under Popham to intercept his passage arrived at the Spey in the North of Scotland from whence all along his way to Edenborough he was entertained with the general Joy of the People several of the Towns by which he passed making him considerable Presents On the fifteenth of July he was again solemnly proclaimed King at Edenborough Cross and was the first of January following crowned at Scoon the accustomed place for Coronation of the Kings of Scotland Escape from Worcester Being invaded by an Army from England he was forced to quit that Kingdom and try his Fortune in this which he entred the sixth of August 1651. and on the twenty second of the same Month came to Worcester where on the third of September was fought that fatal Battel in which tho his Majesty acted with such marvellous Gallantry and Conduct that he wan applause from his very Enemies yet he unfortunately lost the Day and his whole Army himself not without a Providence unparalleld in History escaping the Hands of his blood-thirsty Enemies who not only by publick Act promised a Sum of Money to those that should discover him but likewise threatned the Penalty of High Treason to any that should conceal him For being in the very Heart England and a thousand pounds set upon his head he was forced to wander about in disguise for six Weeks and to appear in many Places and Companies before he could find a fit opportunity of Transportation During which time tho he were seen and known to many person divers whereof were excessively indigent and therefore liable to be tempted by the proposed Reward divers of the Female Sex and so not only most unapt to retain a Secret but also very subject to be terrified by the threatned Penalty and divers besides all this of the Roman Religion which alone the very Principles thereof having been alwayes clamored against as reputed to teach nothing but Treachery and Disloyalty to Princes and the Lawfulness of breaking Faith with Hereticks might have made his Majesty afraid to trust them yet was he still most miraculously preserved and at length by one Tetershal since a Captain in his Majesties Navy whose Wife suspecting the Business was so far from disencouraging him that she said She cared not if she and her little ones begged their Bread so the King were in safety transported from Bright-hemstead neer Shoram in Sussex to Feccam neer Hauvre de Grace in Normandy whence he posted directly to Rouen and having thence dispatched Letters to the French Court he was met the Queen his Mother the Duke of Orleans and many Persons of Quality and by them conducted to Paris where with his Royal Brothers and divers of the British Nobility Clergy and Gentry he was for some years received and treated as King of Great Britain There by his Excellent Wisdom and Address mediating with the Prince of Conde and the Duke of Lorrain then in the Head of two great Armies against the French King he quenched the newly-kindled Fire of an universal Rebellion raised against him and was a Means of restoring Cardinal Mazarine who had for fear of the Princes of the Blood withdrawn himself to Colen to his former Authority and Greatness In the year 1654. His Majesty understanding that upon a Treaty of Peace between the French King and Oliver Cromwel then stiling himself Protector of the Commonwealth of England Scotland and Ireland one of the chiefest Articles insisted upon by the Usurper was the excluding of him with his Relations and Followers out of France to prevent a ceremonious Expulsion voluntarily departed thence into Germany making his first place of Residence at the Spaw whence after a few Moneths he went to Colen where was discovered the Correspondence between Thurloe Cromwels Secretary and Manning one of the Kings Secretaries Clerks who for giving weekly Intelligence to the Usurper of the Transactions in his Majesties Court was deservedly shot to death After the Rupture between Cromwel and the King of Spain he was by Don John of Austria who being Governor of the Low-Countryes for his Catholick Majesty sent the Count of Fuensaldagne to offer him in the name of the Spanish King all possible Service and Assistance invited into Flanders where making his Residence for the most part at Bruges he continued till a little before Sir George Booths Rising in Cheshire when he removed privately from Bruxels to Calais whence having notice