their own Wills and Pleasures There is no Government more resembling Heaven or more durable on Earth or that hath any certain principles but Monarchy and such a Monarchy that hath an actual visible military strength to support it self not only to protect the Good and Loyal but also to awe the Bad and Rebellious People The King represents God the Houses of Parliament the People And as in some sort is expressed before the King by his Writ gives the very essence and form to his Parliament being the production of his breath therefore Priviledges which are the consequences of the Form must necessarily flow from him Now would you know how to Elect Men Fearing God Honouring the King and such as will not meddle with those that are given to change Know aâ—d take notice that true Religion is the well tempered Mortar that buildeth up all Estates that there can be no true Religion where the word of God is wanting or not duly observed I have proved from and made it plain to you that the word of God condemneth and prohibiteth all mutinous Rebellious Actions whatsoever against the Magistrate either Supream or Subordinate And because there can be no surer sign of the ruine of a Kingdom than the contempt of Religion My Advice is to all that they would Conform but as to such that will not Conform nor be Reformed nor advised to joyn with us in the way Established by Law for the Service and Worship of God because they are either stubborn obstinate or wise in their own conceits and will not be informed such as these that are Dissenters from us in the better half of the Government that is to say in the Government of the Church I pray that as they absent themselves from us in the Divine Service and Worship of God so they would be pleased to absent and separate themselves from the publick meetings in their several Counties for the Choosing and Electing of Members to sit in Parliament for the future for as the Vessel savoureth of the same Liquor wherewith it was first seasoned so it is to be feared the mind of these Dissenters still retaineth those very qualities in their Elder Age wherein it was trained up in Youth However by their absence their misguided Consciences will be clear and the more Loyal and conformable Subjects by their so doing will be less offended and disturbed in their choise and Election of such as themselves that may better Comply than heretofore they did with his late Sacred Majesty in making and constituting such wholesome Laws and Provisions as may make for the security and preservation of our Protestant Religion which is confirmed by Scripture and History of Ancient Fathers in the Primitive Church to be agreeing in Doctrine and Discipline with the truly Ancient Catholick and Apostolick Christian Religion and Profession as it is now Established by Law in the Church of England CHAP. XIX Sheweth that the King of England is and always hath been Supream Head of the Church not the Pope FOR we are to know and understand that the King of England is in all Causes as well Ecclesiastical as Temporal within these his Majesties Realms and Dominions Supream Head and Governour By the Ancient Law of the Realm the King hath power to visit reform and correct all Abuses and Enormities in the Church and by the Statutes made in the time of King Henry the Eighth the Crown was but remitted and restored to its Ancient jurisdiction which was Usurped by the Bishop of Rome Reges sacro oleo uncti spiritualis jurisdictionis sunt capaces Kings Anointed with Holy Oyl are capable of Spiritual Jurisdiction And 10. H. 7. 18. Rex est persona mixta cum sacerdote the King is said to be a Person mixt or participating with the Priest in the Priesthood Also the King shall have Tythes by the Common Law of which no Lay Person can be capable And the King by himself or by his Commissioners shall visit his free Chappels and Hospitals And by the Cannon Law Omnes Reges dicuntur Clerici and another Text thereof saith quod causa Spiritualis committi potest Principi laico All Kings are said to be Clarks and that however a Spiritual Cause may be determined by a Lay Prince as may be seen in Davyes rep 4. a. And although the proceedings in the Ecclesiastical Courts be in the Name of the Bishop yet they are the Courts and Law of the King as the Leet though it be holden in the Name of the Lord of the Manour yet it is the Court of the King C. 5. 1. part 39. b. The Canonists ascribe to the Pope Prerogative as to the Interpretation of Laws and granting of Dispensations but the jurisdiction that the Pope by Colour thereof claimed in England was a meer Usurpation to which the Kings of England as I shall presently shew you from time to time made opposition even to the time of King Henry the Eighth And the King of England not the Pope before the making the Statute of Faculties might de jure of right dispence with the Ecclesiastical Law for though that many of our Ecclesiastical were first devised in the Court of Rome yet being established and confirmed in this Realm by acceptance and usage they are now become English Laws and are no more to be reputed Romish Cannons and they are to be observed as the Laws of the Kingdom of England and not to be esteemed or reputed as Rules of the Pope Davyes rep 71 72. And the King is Supream Patron as King and not as in respect of the Supream Jurisdiction that the Realm by the Statute hath acknowledged in him Therefore a Resignation to the King of a Deanry is as good as if it had been made to the Bishop because that by the Common Law he is the Supream Head of the Church of England and the Deanry is void by it And the King shall be made privy and shall give his consent to every Appropriation where the Church is of the Patronage of another as well as where it is of his own Patronage Plowd 498 499. And it appeareth by Doctor and Student 124 125. That the Law hath appointed Six Months unto the Patron to present his Clark unto the Bishop but if the Patron do not present his Clark unto the Bishop within Six Months next after the Church shall become void then shall the Lapse incur to the Bishop and he shall present for the default of the Patron a Clark of his own choosing and his presentation is called Collation and if the Bishop or Ordinary surcease his time and shall not Collate within the Six Months then shall the Metropolitan the Archbishop of the Province Collate his Clark and if he do not Collate within other Six Months then shall the Kings Majesty not the Pope as Supream Ordinary of all the Benefices in England present his Clark to the Church And all the Archbishopricks and Bishopricks within the Realm of England are
of the Kings foundation and the Kings of England are the Founders of them all and they sit in Parliament and have the Names of the Lords of the Parliament non ratione Nobilitatis sed ratione Officii not by reason of their Nobility but by reason of their Office and in respect of their Ancient Barronies annexed to their dignities C. Inst 1. part 97. a. And in C. 5. 1. part Cawdreyes Case it may be seen That King Kenulphus by Charter in Parliament in the year of our Lord 755. Exempted the Abbot of Abingdon from Episcopal Jurisdiction and gave it him That amongst the Laws of Edward the Confessor it was Ordained that he should Govern the Kingdom and his People and above all the Holy Church not the Pope That William the Conqueror Appropriated Churches with Cure That King Henry the First presented to Abbeys as well by his Ecclesiastical as his Kingly Power That Henry the Third granted Prohibitions and in Issue of Loyalty of Marriage and general Bastardy the King wrote to the Bishop as his immediate Officer That in the time of Edward the Third the Temporalties of the Archbishop of York were lost during his Life for refusal of a Clark of the King by reason of a Provision of the Pope That by 25. Edw. the Third a Man might kill those that procured Provisions from Rome and those that executed them Also by 25. Edw. 3d. It was Enacted that the Pope shall not give Archbishopricks Bishopricks c. but that the King them shall give c. That by 16. Rihard the Second chap. 5th It is Enacted that because the King holdeth his Crown immediately under God they who purchase or pursue in the Court of Rome Translations Processes Excommunications Bulls Instruments c. and their Fautors and Councillors shall be out of the Protection of the King and Praemunire facias shall be awarded against them That 2. H. 4. 9. It is resolved that Collectors of the Pope by their Bulls have not any Jurisdiction here and that the Archbishops and Bishops are called the Spiritual Judges of the King And 11. H. 4. 37. it is said Papa non potest mutare leges Angliae that the Pope cannot change or alter the Laws of England That 2. Henry the Fourth chap. 3d. he that obtaineth from the Bishop of Rome to be exempt from regular Obedience is within the Case of a Praemunire That 6. H. 4. chap. 1. Forfeiture was imposed upon those who payed great sums to the Chamber of Rome That by 2. H. 5. chap. 1. The King not the Pope gave power to the Ordinary to enquire of the Foundation and Government of Hospitals and to correct c. That in 9. H. 6. 16. The King only can give License for the Foundation of a Corporation Spiritual not the Pope That 12th Edw. 4th 16. A Legate of the Pope was compelled to Swear that he would not attempt any thing against the Crown c. That in 2. Rich. 3. It is said that Excommunication or Judgment at Rome is of no force here That in First Henry the 7th 10th It is said that in time of King Henry the Sixth Humphry Duke of Glocester burnt the Letters of the Pope that were in Derogation ot the King and his Crown And 1. H. 7. 20. It is adjudged that the Pope may not grant Sanctuary And 25. Henry the 8. chap. 21. It is Enacted by the Statute forementioned of faculties that none shall make suit to Rome but that the Archbishop of Canterbury may grant to the King and his Subjects such Licenses Dispensations Grants Faculties Escripts Delegacies Instruments c. not repugnant to Holy Scripture as been used to be granted by the Pope yet it is to be noted that such Cannons Constitutions Ordinances Synods Provincials c. were provided to be in force which had been allowed by general Consent and Custom within the Realm not repugnant to Law or the Prerogative of the King and so by the same general Consent may be Corrected Enlarged Explained or Abrogated hence we may rest satisfied that for many Hundreds of years last past successively in the time of one King after another King when all our Ancestors were Papists and of that profession that yet the Government of the Church ever was inherent to the Imperial Crown of the Kings of England In the time of King Henry the Third the Usurped Jurisdiction of the Pope was elevated more high than ever before or since yet it may be observed that in the Ninth year of his Reign in the very first Chapter of the great Charter Entitled and Called The Confirmation of Liberties is mentioned First We have granted to God and by this our present Charter have confirmed for Us and Our Heirs for ever that the Church of England shall be free and shall have all her whole Rights and Liberties inviolable And by the Statute of 24. H. 8. chap. 12. by 24. Bishops and 29 Abbots it is recited that England is an Empire and that the King is the Head of the Body Politick consisting of the Temporalty and the Spiritualty impleet and furnished with full Power to render final Justice in all matters whatsoever as well Ecclesiastical as Temporal And that part of the said Body Politick called the Spiritualty hath been always thought sufficient and meet of it self without the intermeddling of any Forreign Pope or any exterior Person or Persons when any cause of the Law Divine happened to come in question or of Spiritual Learning to declare and determine all such doubts and to adminster all such Offices and Duties yet as the Spiritual Judges of and under the King as to their several Roomes Spiritual doth appertain And the Laws Temporal for Trial of Property of Lands and Goods and for the conservation of the Realm in Unity and Peace without Rapine or Spoil were and yet are Administred Adjudged and Executed by sundry Judges and Ministers of the other part of the Body Politick called the Temporalty And their Authorities and Jurisdictions do conjoyn together in the due Administration of Justice the one is a help to the other and both are a help to and in ease of the King the Head of this Body Politick here you have concisely and in few words discovered unto you the Ancient form of the Government of England both in Church and State and accordingly in Ancient times the Parliaments of England consisted only of the King the Lords Spiritual and the Lords Temporal who were Anciently the Representatives of the whole Kingdom in Parliament Assembled under the Kings or Queens thereof but for some Hundreds of years last past a Writ hath been framed for the Election of Knigts c. to sit in Parliament and these Knights c. are to be chosen by the Freeholders in their several Counties CHAP. XX. As to the Kings Supremacy is shewed the difference between the Primitive and more modern times herein the Author adviseth all to be at Vnity within themselves and
Illustrious Prince James Duke of York now our Soveraign Lord King James the Second p. 31. CHAP. XI Sheweth that Ignorance of the Law will excuse none and that therefore all Dissenters to the Government in Church and State are advised to Conformity p. 36. CHAP. XII Sheweth that all Subjects owe true Ligeance to their Soveraign though they never were or ever shall be Sworn to the same and is shewed the diversity between Enemies and Rebels then all are advised from Rebellion and is shewed that the King hath no Peer and therefore cannot be judged by his Subjects for his Actions p. 38. CHAP. XIII Sheweth that no Action lyeth against the King but in place thereof Petition must be made unto him and that due circumstances observed the Subject shall have his remedy against the King by way of Petition as readily as one Subject may recover against another Subject by way of Action in any of the Kings Courts for that all his Majesties Subordinate Officers are Sworn to do Justice between the King and his Subjects which if they do not they are Answerable for the injury not the King p. 41. CHAP. XIV Sheweth what inconveniencies happen in the Realm of France through Regal Government alone with the Commodities that proceed of the joynt Government Politick and Regal in the Realm of England And all the Community are herein disswaded by mutinous and Rebellious practises to Disinfranchise themselves p. 43. CHAP. XV. Sheweth how tender this Government Politick and Regal conjoyned is of the safety of the Kings Person and of all his Royal Rights and Prerogatives And that our Law doth not reject Women or Infants in the high point of the Descent of the Crown and that our King holdeth immediately of God to himself and acknowledgeth no Prince on Earth his Superior p. 46. CHAP. XVI Sheweth that all Vnlawful Assemblies or Meetings for the Plotting of harm to the King or the Alteration of the Government are Vnlawful and further sheweth what Misprision of Treason is and that it is the Duty of every good Subject presently to discover Treason p. 49. CHAP. XVII Sheweth that all Writs Process Executions and Commandments are and ought to be in the Kings Name only p. 51. CHAP. XVIII All Freeholders are advised as to what manner of Persons they are or ought to Choose for future Parliaments p. 52. CHAP. XIX Sheweth that the King of England is and always hath been Supream Head of the Church not the Pope p. 55. CHAP. XX. As to the Kings Supremacy is shewed the difference between the Primitive and more modern times herein the Author adviseth all to be at Vnity within themselves and since we are restored to our Ancient Government to give to our Soveraign Lord the King his Dues and desires all to joyn with him in the conclusive Prayer for the Morning Service in our Church Liturgy for the King p. 58. ADVICE TO THE Commons of England c. CHAP. I. Sheweth how things stood at the latter end of King James the First and something is said of the High Court of Parliament AS Noah rendred in the Word of God Gen. 6. and 9. ver to be a just and perfect Man and one that walked with God and that with his Family after the great deluge survived the whole World is fictitiously said to have had two Faces the one looking backward the other forward the one looking upon the World before the Flood the other on the World after the Flood so an old indigent Officer of the Kings Majesties Army King Charles the First of ever Blessed Memory may not improperly be said to have two Faces the one looking backward the other forward the one looking on this Kingdom of England before the late Civil War the other on the same since the said War Taking leave to look backward and to examine how and in what state of Affairs things stood in the latter end of the Reign of King James the First and how the said King Charles the First found things upon the demise of the Kingdom to him upon the death of the natural Body of His said Royal Ancestor I collect out of what I have read long since that about the Ninteenth year of the Reign of the said King James the First in a Speech to his House of Peers he expressed himself that he intended not to derogate from or Infringe any of the Liberties or Priveledges of their House but rather to fortifie and strengthen them for never any King had done so much for the Nobility of England as he had done and ever would be ready to do and whatever he should say or deliver to them as his thought yet when he had said what he thought he would afterwards freely leave the judgment thereof wholly to their House he knew they would do nothing but what the like had been done before and prayed them not to be jealous that he would abridg them of any thing that had been used for whatsoever Presidents in good times of Government could warrant he would allow acknowledging them to be the Supreme Court of Justice wherein he was ever present by Representation But his said Sacred Majesty then inferred that the Priviledges of the Commons which they claimed to be their natural Birthrights were but the favours of former Kings Against which the Commons then protested That the Liberties c. o◠Parliament are the Ancient and undoubted Birthright and Inheritance of the Subjects of England that the urgent Affairs concerning the Kings State and defence of the Realm and the Church of England and the Maintenance and making of Laws and redress of Mischiefs within the Realm are proper matter for Debate in Parliament and that this Debate ought to be free c. And no Member to be Imprisoned other than by censure of the House it self for debating Parliament business and if any Member is complained of for any thing done or said in Parliament the same is to be shewed the King by assent of the Commons before the King is to give credence to any private Information In Counsel afterwards this King expressed that he never meant to deny the House of Commons any Lawful Priviledge they had enjoyed by any Law or Statute by Custom or uncontrolled and lawful President In the Protestation some words viz. arduis Regni are cunningly mentioned but the word quibusdam which restraineth the generality to such particular Cases as his Majesty pleaseth to consult with them upon was purposely omitted Now as to what he is pleased to consult with them upon it is Customary for the King at the first opening of every Parliament in a short Speech to declare to the Three Estates the certain Occasions urged him to convene them on which or the particular Heads thereof the Lord Chancellor or Lord Keeper of the Great Seal of England for the time being more Copiously enlargeth observing those measures the King his Master prescribeth him thô in fewer words for non-observance whereof and for
his Heirs 3 d. of the Pound for all Merchandizes imported or exported by them as is expressed more particularly in the said Charter which is to be found in the Office of the Chief Remembrancer in the Exchequer And this Charter of Ed. 1. in all Points was ratified and confirmed by Act of Parliament 27 Ed. 3. ca. 26 and this is the Original of Pettit Custom so called because this Pettit Custom for Forreign Commodities was accepted by the King when but a small quantity of such Forreign Wares was imported into England for in the time of Ed. 1. and after that in the time of Ed. 3. the native Commodities of England exported were of greater quantity and value by two parts of three at the least than the Forreign Merchandizes imported but now it is quite contrary for at this day the Outgate is less than the Ingate the Foreign Mercery and Grocery Wares c. imported are of far greater quantity and value than our Native Commodities exported 3. Prisage of Wines is also a Custom due by Prescription and parcel of the Ancient Inheritance of the Crown and that the King hath Inheritance in the Prisage of Wines appeareth by the Charters granted to the Citizens of London and to those of the cinque Ports to be discharged of Prisage in all Ports for ever See the Stat. of 1 H. 8. ca. 5. And the Duke of Ormond hath an Estate of Inheritance in the Prisage of Wines in the Kingdom of Ireland by grant of the King and this is the Nature Original and Difference of the Ancient duties payable for Merchandizes which are properly called Customs and are the Inheritance of the Crown 2. Subsedies also are duties payable for Merchandizes exported and imported but are granted by Act of Parliament Dyer 31 H. 8. 43. b. 1. Mar. Dyer 92. a. and are of three divers sorts according to the diversity of the Commodities and are called 1st Aides or Subsedies being granted out of the said Native Commodities to wit Wool Woolfells and Hides over and above the Ancient Custom aforesaid 2dly Tonnage granted out of Wines of all sorts over and above the Prizage and the said Custom of 2 s. on the Tun granted by the Charter of 31. Ed. 1. now called Butlerage 3dly Poundage granted out of all Commodities imported and exported except Wines and the staple Commodities aforesaid and payable by the Merchant strangers over and above the said Pettit Custom 1. These Aides or Subsedies were not of a certain quantity or continuance till to the time of Ed. 6. to which King in the first Parliament of his Reign was granted a Subsedy of 33 s. 4 d. of every Sack of Wool 33 s. 4 d. for every 240. Woolfells and 3 l. 6 s. 8 d. for every Last of Hides exported by Denizons for every Sack of Wooll exported by Aliens 3 l. 6 s. 8 d. and for every 240. Woolfells 3 l. 6 s. 8 d. and for every Last of Hides 3 l. 13 s. 4 d. And this Subsedy was granted to continue during the Life Natural of that King And after his demise or death all Kings and Queens except King Charles the First have had the like grants for Life 2. Tonnage which is a Subsedy out of Wines of all sorts was first granted by Parliament 5th R. 2. where 2 s. of every Tun of Wine to be imported into England was granted to the King for Two years and that was for Maintenance of a Fleet upon the Sea to suppress the Pyrates But after by Parliament 3. Ed. 4. Tonnage was granted to this King for Term of his Natural Life in this manner viz. 3 s. for every Tun of Wines and besides those 3 s. for every Tun of Sweet Wines 3 s. more see the Statute of 12th Ed. 4. ca. 3. And this Subsedy was after granted to H. 8. and Ed. 6th with this Addition in time of Ed. 6th that of every Awm of Rhenish Wine also 1 s. shall be paid and after the time of Ed. 6th this Subsedy of Tonnage was as of course Granted in England by several Acts of Parliament to Queen Mary Queen Elizabeth and King James during their several Natural Lives 3. Poundage which is a Subsedy granted out of all Commodities exported and imported except Wines and the Ancient staple Wares as above and payable by all Merchants Denizons and Aliens is the 20th part of the value of Merchandizes to wit 12 d. of the Pound and was first Granted by Parliament in England 31. H. 6. during the Life of this King which Grant was immediately resumed But after that 3. Ed. 4. this Subsedy of Poundage was granted to the said King See the Stat. 12. Ed. 4. ca. 3. and after the same Subsedy was Granted to H. 8. during his Life and the same Grant was renewed to Ed. 6. Queen Mary Queen Elizabeth and King James during their several Lives by several Acts of Parliament 3ly Imposts or Impositions are the Third kind of Duties payable for Merchandizes and are sometimes Rated and assessed by Parliament and then are in nature of Subsedies and are sometimes imposed by Prerogative Royal to support the necessary Charges of the Crown and then Nihil magis justum est quam quod necessarium est nothing is more just than what is necessary as an Ancient Senator of Rome was wont to say The Impost upon Wines in Ireland was first assessed by Parliaments and limitted to be paid for a certain time of Years which being expired that is now continued there by Prerogative of the King Davyes rep 12. a. It is to be observed from what hath been said that Anciently the Outgate was more than the Ingate and that since or of latter times it is otherwise that the Merchandizes imported do far surmount the value and quantity of our Native Commodities exported which caused the aforesaid Pettit and new Custom to exceed the said grand and Ancient Custom for by continuance of time all the Kings Dominions were much better Peopled and are more Populous at home and in all his Foreign Plantations of latter time acquired and by reason thereof our Lands and the Annual Rents thereof within the Kings said Dominions are much improved and likewise trade by Sea is also much improved as is easily made manifest by the great disproportion of the Rent reserved to be paid for the Customs by the Farmours thereof when last let to Farms and the Rent paid for the same to go no higher in the times of King James and Queen Elizabeth and that wise King Ed. 1. by his said Charter remitted Prizes and by Priviledges Granted to Aliens encouraged them to the more free Trade and Commerce and by consequence there was in after Ages the greater reason for an improvement of the Customs by the best usual and accustomed way of Granting Subsedies for the Lives of our Kings Successively one after another by Act of Parliament Seeing Subsedies themselves are no more than an Improvement in the Improvement of time of
Laiety by Sequestrations Decimations and otherwise ensued whereof we of the Loyal Party were not only Witnesses and Spectators but therein we were fellow Sufferers Now the Writs of the King suffered Violence of which Mr. Fitzherbert in his Preface to his Natura Brevium saith that they be the Foundations whereupon the whole Law doth depend of the which Writs and Processes as be appointed in the Law it is said in St. Jermin in his Book Written by way of Dialogue called Doctor and Student Fol. 64. a. That the King as Sovereign and Fountain of the Law is bounden of Justice to Grant them to every Person that will Complain be his Surmise true or false Yet in stead of Carolus Secundus Dei Gratia c. Vicecomiti c. was used The Keepers of the Liberties of England by Authority of Parliament To the Sheriff of c. But those who had built this Babel by their Divisions and Jealousies one had of another were in time brought to strange Confusions The Writs were to run no longer in the Name of the Keepers c. But all Writs and Process were issued forth in the Name of Oliver their General The Independent though the Younger now prevailed against the Presbyterian the Elder Brother whath the Elder had hunted after the Younger now catched for himself And now also it may be observed that a House of Commons singly Assumed to themselves the Title of and were stiled the Parliament of England though his Sacred Majesty King Charles the First had before truely told them in his Speech to them 3. Car. that none of the Houses of Parliament joint or Separate had any Power either to Make or Declare a Law without his Consent CHAP. V. Sheweth about what time the Kings Writs were first framed for the induction of the Commons into the Parliaments of England FRom the Norman Conquest untill some time in the Reign of H. 3. Parliaments were holden by the King and his Barons Spiritual and Temporal in whose days it is thought the Kings Writ for Election of Kinghts c. was first framed and that the Commons were reduced to a House by the Advice of the Bishops to the King in the heat of the Barons Wars It was thought expedient then to frame a Writ for their Induction that they might allay and lessen the Pride and Power of the Peers who had waged War so many years against the Crown However least they should arrogate too much Authority to themselves they never could so much as exhibit an Oath nor impose a Fine or inflict Punishment upon any but their own Members until the time of the late Usurpers when they were grown to that height of Impudence that the King himself and Lords Spiritual and Temporal were Excluded by them of whom as well before the Norman Conquest as since the Ancient Parliaments of England consisted only without them For it is true the People were wrought under by the Sword of the first William and his followers to a Subjected Vassallage Division and Power had Mastered them none of their old Nobility and Heads were left either of Credit or Fortunes what he Detained not in Providence as the Demeans of the Crown or reserved in Piety as for the Maintenance of the Church he parted and divided amongst those Strangers that Sailed along with him in the same Bark of his Adventure leaving the Natives for the most part as may be seen by his Survey called Domesday Book now in the Exchequor in no better a condition than Villenage To supply his Occasions of Men Money or Provisions he Ordered that all those who injoyed any fruit of his Conquest should hold their Lands proportionably by so many Knights Fees of the Crown And permitted them to Enfeofle their followers with such parts as they pleased of their own Portions which to ease their charge they did in his and his Sons time This course provided him the Body of his War the Money and Provision was by Hidage Assessed on the Common People at and with the consent of their Lords who held in all their Seigniories such right of Royalty that to their vassals as Paris saith they were quot domini tot Tyranni and in time provided to the Kings so great a Curb and restraint of Power that nothing fell into the Care of Majesty after more than to retrench the force of Aristocracy that was like in time to strangle the Monarchy Though others foresaw the Mischief betimes yet none attempted the remedy until King John whose overhasty undertakings brought in the mentioned broiles of the Barrons Wars there needed not before this Care to Advise with the Commons in any Parliamentary or Publick Assemblies when every Man in England by Tenure held himself to his great Lords Will whose Presence was ever required in their Parliaments and in whose Assents his dependant Tennants consent was ever included from what is aforesaid the Commons of England or rather they whom the Commons shall Elect to future Parliaments and are properly said in Parliament Assembled to be the Representatives of all the Commons of England may take notice that Anciently was in use only one Writ of Summons to Parliament by which the King Summoned the Lords Spiritual and Temporal separately to come to his Parliament at a certain Day and Place appointed in the Kings Writ And of latter times with the reasons for the one and the other there hath been an Additional Writ framed which is sent to every Sheriff of England and Wales for Election of Kinghts c. for the Parliament in the Kings Name and when sent it is called the Kings Writ and is directed to his Subordinate Officer the Kings Sheriff For the truth is the King by his Writ giveth the very Essence and Form to the Parliament which is to be Summoned when he pleaseth to be Adjourned Prorogued and Dissolved when he pleaseth And in all good times of Government before and since the Conquest it was ever in the Kings power and was and is his Priviledge Royal Prerogative and Regality to Grant or Deny such Petitions as he pleaseth and all Acts of former times and some of latter time were and are in form of Petitions CHAP. VI. Sheweth the difference between Parliamentary Priviledges and the Priviledges of the King and sheweth how at first Kingly Government was constituted by God himself and that by Gods Law also the Legislative Power and the Power of the Militia was given to the King and that in these highest Points of the Kings Prerogative the Law of England is agreeing with the Law of God and that God is vindex sui Ordinis the avenger of his own Ordinance THE Speaker uf the House of Commons on the first day of every Parliament is usually Presented to the King and in the Name of the Commons of England he humbly Prays his Majesty would be Graciously Pleased to Grant them their Liberties and Priviledges which is a strong Argument that their Priviledge their
of this damned Thesis or Position then we are all presently fellows at Footbal and Over Milk will presently be as good as Swasey Cream and whatever gets uppermost will be King In the time of Edward the Second about 400 years since this separation of Soveraignty from the person of the King and manner of abstracting the Person of the King from his Office was found out by the Two Spencers the Father and the Son who to cover their Treason invented this damnable opinion that Homage and the Oath of Allegiance were rather by reason of the Kings Crown than his Person upon which as may be seen in C. 7. 11. a. b. were inferred these Execrable Consequences First If the King did not demean or behave himself well his Liege People were bound by their Oath to remove him Secondly Because the King might not be reformed by suit of Law that ought to be done by asperty Thirdly That his Liege People are bound to govern in aid and default of him All which detestable opinions were then condemned in two Parliaments the first was by an Act made in the time of Edward the Second called Exilium Hugonis De Spencer the Banishment of Hugh Spencer the last was by an Act made in the First year of Edward the Third the first Chapter Let all take notice that by the Laws of our Realm of England all Power Soveraignty Homage Allegiance and Subjection is commanded and required as properly due to the Natural Body of the King And that therefore it was said by Glanvil who was Chief Justice in the time of Henry the Second Dominus Rex nullum habere potest parem multo minus Superiorem Our Lord the King can have no Peer or Equal much less can he have any Superior within his Realms or Dominions And Bracton qui sub Henrico tertio viginti annos summi Justiciarii munere defunctus est that for Twenty years together was Chief Justice in the time of Henry the Third saith that Omnis quidem sub Rege ipse sub nullo nisi tantum sub deo every Man is under the King and he is under none but God alone And Non potest Regi necessitatem aliquis imponere quod injuriam suam corrigat amendet cum superiorem non habeat nisi deum satis erit ei ad paenam quod Dominum expectet ultorem nor saith he can any Man put a necessity upon the King to correct and amend his injury unless he will himself since he hath no Superior but God it will be sufficient punishment for him to expect the Lord for his Avenger neither hath he hereby other Priviledge than what by God Himself is given to Kingly Majesty as may be seen in the 8th chap. of Ecclesiastes 2 3 and 4th verses I Counsel thee to keep the Kings Commandment and that in regard of the Oath of God be not hasty to go out of his sight stand not in an Evil thing for he doth whatsoever pleaseth him and where the word of a King is there is Power and who may say unto him What doest thou Yet I observe that once heretofore the Miter may be said Sawcily to have Oretopped the Crown in the 20th year of King Henry the Eight we read in Mr. Howe 's Chronicle Fol. 541. that the Kings Marriage came on to be argued in open Court at the Black Fryers then the King and Queen were Summoned and Ascited to appear but there may be seen what the opinion of wise Men in those times was thereupon which was that it was a strange sight and the newest device that ever was read or heard of before in any Region Story or Chronicle a King and Queen to be constrained by Process compellatory to appear in any Court as Common Persons within their own Realm and Dominion to abide the Judgments and Decrees of their own Subjects being the Royal Diadem and Prerogative thereof However this was the less wonder then because the Pope did then send as Legate into England the Cardinal Campejus to debate the Controversie delegated to him and the Cardinal of York for the publication of the invalidity of the Kings first Marriage at the instance of the King himself as may be seen in Guicciardin's History Fol. 756. But as we may see in Stanf. 153. a. The King of England hath no Peer in his own Land Realm or Dominion and therefore he cannot be Judged or called to account for his Actions by his People Nay it may be there seen that Parliaments are Assembled for the profit of the King and his People and the People are Summoned thither by the Kings Writ ad consulendum c non ad consedendum solum multo minus ad supersedendum to consult of the certain difficult matters c. not only there to Sit together much less to Sit upon their Lord the King in Judgment CHAP. XIII Sheweth that no Action lyeth against the King but in place thereof Petition must be made unto him and that due circumstances observed the Subject shall have his remedy against the King by way of Petition as readily as one Subjct may recover against another Subject by way of Action in any of the Kings Courts for that all his Majesties Subordinate Officers are Sworn to do Justice between the King and his Subjects which if they do not they are Answerable for the injury not the King IT is said C. 11. 72. a. b. That the King being the Lieutenant of God solum hoc non potest facere quod non potest injuste facere which is agreeable to a Maxim in our Law that the King can do no wrong therefore as we may see in Mr. Stanford prer 72. b. In place of Action against the King for the dignity of his Person Petition must be made unto him in the Chancery or in Parliament for no Action did ever lie against the King at the Common Law but the party is driven to his Petition which is all the remedy the Subject hath when the King Seizeth his Lands or taketh away his Goods from him having no Title by order of his Laws so to do And this Petition is called a Petition of Right because of the Right the Subject hath against the King by the Order of his Laws to the thing he sueth for by Petition And it may be sued as well in the Parliament as out of the Parliament and if it be sued in the Parliament then it may be Enacted and passed as an Act of Parliament or else to be Ordered in like manner as a Petition that is sued out of Parliament And suit by Petition can be to none other than only to the King for no such suit shall be made to the Queen the Consort of the King or to the Lord Prince for these Personages have no such Prerogative Further plainly shewing and declaring the manner of suing by Petition and where and in what cases it lyeth and where not and that due circumstances observed by him
kind of pilling And the King there suffereth no Man to Eat Salt within his Kingdom except he buyeth it of the King at such price as it pleaseth him to Assess and if any poor Man had rather Eat his Meat fresh than to buy Salt so excessively dear he is immediately compelled to buy so much of the Kings Salt at the Kings price as shall suffice so many Persons as he keepeth in his House Moreover all the Inhabitants of that Realm give yearly to the King the Fourth part of all the Wines that their Grounds beareth and every Vintner the Fourth Penny of the price of the Wines that he selleth And besides all this every Village and Borough payeth yearly to the King great Summs of Money assessed upon them for the Wages of Men at Arms so that the charges of the Kings Army which is ever very great is maintained by the poor People of the Villages Boroughs and Towns of the Realm and these things not considered other exceeding great Tallages are yearly Assessed upon every Village of the same Realm to the Kings use whereof they are no year released And the People being with these and divers other calamities plagued and oppressed do live in great misery and thraldom for there the Princes pleasure standeth in force of a Law so that by reason thereof their Kings at their pleasure change Laws make new Laws Execute Punishments burden their Subjects with charges and also when and as themselves list they do determine controversies of Suitors as pleaseth them I have shewed you here out of Sir John Fortescues Book De laudibus legum Angliae For every sober Man would judge me or any other a Mad-man that should Write of Matters of this nature without good and warrantable Authority for that is Written what inconveniencies happen in the Realm of France through Regal Government alone with the Commodities that proceed of the joynt Government Politick and Regal in the Realm of England that being hence instructed with the experience of both Laws we may the better by their effects Judg whether of them we ought rather to choose for that Opposita juxta se posita magis elucescunt contraries laid together do the more perfectly appear It is and hath been held to be one of the principles of Policy in France to keep the Peasan which is the Gross of the People still indigent and poor because they are of such a volatil instable Nature that if they were Rich and Fed high Wealth and Wantonness would make them ever and anon to be kicking against Government and crying out for a change The Old Cavalier now again takes leave to look Backward and to put this Question to all the Commons of England for it is only to them he directs this his Discourse he may be taken notice of not to have presumed to take upon him to Advise the King or any of his several Counsels whether all the People of England comprehended under the notion of the Community or stile or name of the Commons of England have not been for Threescore years last past and upward of as volatil and instable a Nature as ever the Gross of the People of France are were or possibly could or can be I must Answer in the Affirmative that the People of England in this latter Age have been very changeable always endeavouring to promote alteration in Church and State and so in the late times of Rebellion they changed Peace for War and consequently all the miseries and sad effects thereof were laid open to their Eyes their Goods were spoiled their Children Slain their Wives and Daughters Ravished their Cattle driven away and themselves made miserable spectators to behold their own unhappiness and though what by destiny was decreed Man could not prevent his late Sacred Majesty was Miraculously restored to his Realms and Dominions yet still by reason of variety of Opinions lodging in various particular individual Persons Breasts differing amongst themselves the subvertion and alteration of the Government none will deny hath again been menaced and threatned and a person Good-enough for so Wicked an undertaking was imployed with Letters Legations and Messages to invite and desire the Aid and Assistance of our dear Brethren the Scots Ayming again to have subdued all to their own Will and Power under the Old disguises of Holy Combinations in the same manner as heretofore by Solemn League and Covenant or otherwise howsoever But my good Brethren of all the Community within all his Majesties Realms and Dominions seeing that as free born Subjects by Birthright we are Entitled to all those Fruits and Priviledges Government Regal and Politick conjoyned beareth let us take care for the future that by Mutinous Disobedient and Rebellious practises we do not Frenchifie and Disinfranchise our selves knowing that he that is free and voluntarily runneth into Fetters is a Fool and whosoever becometh Captive without constraint may be thought either willful or witless CHAP. XV. Sheweth how tender this Government Politick and Regal conjoyned is of the safety of the Kings Person and of all his Royal Rights and Prerogatives And that our Law doth not reject Women or Infants in the high point of the Descent of the Crown and that our King holdeth immediately of God to himself and acknowledgeth no Prince on Earth his Superior NOW as Government Politick and Regal conjoined is tender of the preservation of the just Rights of the Communalty and this Communalty without a head can in no wise be said to be corporate so in likewise we are to understand it is as tender and curious in the preservation of the Royal Rights Priviledges and Jurisdictions and Prerogatives of the Chief Head and Supream Ruler of this Body Mystical which is the King or Queen of these Kingdoms For in this high point of Descent of the Crown Our Law doth not reject Women tho Women are commonly said to be such whom Nature hath made to keep home to nourish their Family and Children and do not meddle with matters abroad nor are to bear Office in a City or Common-wealth no more than Children and Infants yet in such Cases wherein the Authority is annexed to the Bloud and Progeny as in the Descent of the Crown there the Bloud is respected not the Age nor the Sex and such a one is called an absolute Queen which hath the Name not by being Married to a King but by being the true right and next Successor in the Dignity and upon whom by Right of Bloud that Title is descended These I say have the same Authority though they be Women of Children in these our Kingdoms Realms or Dominions as they should have had if they had been Men of full Age. For the Right and Honour of the Bloud and the Quietness and Surety of the Realm is more to be considered than either the tender Age as yet impotent to Rule or the Sex not accustomed otherwise to intermeddle with Publick Affairs being always by common intendment
since we are restored to our Ancient Government to give to our Soveraign Lord the King his Dues and desires all to joyn with him in the Conclusive Prayer for the Morning Service in our Church Liturgy for the King NOW since as the living Members of a Body natural united together maintain life so it is in a Kingdom by concord of the People the state thereof is maintained but by their discord it is destroyed And accordingly Holy Scripture tells us that Houses or Kingdoms divided within themselves cannot stand but true Peace is the quiet and tranquility of Kingdoms burying all Seditions Tumults Uproares and Factions and planting Ease Quietness and Security with all other flourishing Ornaments of Happiness Now would you be happy and would you have your Posterity happy also Pray to God as you are directed by the Prophet Jeremiah in 32. chap. and the 39th verse that he would give you one Heart and one Way that you may fear God for ever for the good of you and of your Children after you Labour therefore to be at unity within your selves and above all be advised that when you again shall have a Lawful call to Elect Members for a subsequent Parliament you be sure unanimously to choose such Men as are Men well affected to the better half of the Government that is Established by Law in the Church For nunquam bene res succedunt humanae ubi negliguntur divinae things Temporal and Humane never succeed well where things Spiritual and Divine are neglected Subjection is required by St. Peter where before cited to the King as Supream and with me be pleased to consider the Authority of the words too and marking the difference between the Primitive and more Modern times you shall not need to fear the introduction of Popery again in these Kingdoms who writes them Observe they come from St. Peter from whom the Successors of St. Peter derive their Title of Supremacy above Kings So that howsoever they will have the Authority Entailed upon them from St. Peter yet St. Peter himself challengeth no such Supremacy for he says To the King mark the Epethite as Supream 't is true we read that Cardinal Bellarmine and Boniface the Eighth and Innocent the Fourth with others of that Party being carried on by their Pride and Ambition maintain the Head of their Church to have both the Swords and therefore say they is above all Kings and Emperors that have but one yet here we see That in the beginning it was not so St. Paul denies it St. Peter disclaims it and the Ancient Church and according to the practise thereof all our Kings of England Successively from time to time even to this present time have disowned it Remember and never forget we had heretofore the Minor part of a House of Commons Exercising the Soveraign Power the corrupt Majority as they then termed them being ejected and cast out for Delinquents and Malignants And by them we had the Government Changed or rather purposed to be changed regality it was then death to say the King and House of Lords were cast of next this we had nothing Visible but a General and an Army Next this we had the whole Constitution Laws and Liberties of the Kingdom at once subverted certain Men being called by the Name of a Parliament and the Soveraign Power pretended to be given them that were never chosen by the People but by we know not whom such a fact as was never heard or read that any King of England was Guilty of since Parliaments were known Next this we had a Protector Governing by an instrument made by God knows who After this we had the same Protector Governing according to the humble Petition and Advie and Sworn to both And unto God be thanks for the same by his late Sacred Majesties happy Restauration we are also restored again to our Ancient Government Established by Law both in Church and State and to the fruits and benefits of the same Mark therefore what St. Peter saith in the 13th chap. to the Rom. give to all their Dues Tribute to whom Tibute is due Custom to whom Custom Honour to whom Fear to whom Fear St. Paul hereby adviseth us to our bounden Duties and due Subjection to the Magistrate Supream and Subordinate And his advice may be reduced to these Three Heads 1st Supply to their Estates 2ly Fear to their Authority 3ly Honour and Reverence to their Persons First Their Estates are to be supported for as one says Pecunia nervus Imperii without which the Work of the Magistracy can neither be effected nor respected and as it is necessary so it is convenient that he that is imployed for the good of the Commonweale be supported by the Publickweale for as saith Seneca cited by Mr. Stanf. in his Prerogat 5. a. Omnium somnos illius vigelantia defendit omnium Otium illius labor omnium delicias illius industria omnium vocationes illius defendit Occupatio his Watchfulness keeps us in our Rest his Pains secures our Pleasures his Calling defends us in all our Callings Secondly Fear his Authority the Apostle gives the reasons Rom. 13.4 for he beareth not the Sword in vain he is the Minister of God he comes Warranted with Authority and as he hath Authority so he hath Power too Might and Right are both in him he is the fountain of Justice and the life of the Law he bears the Sword and he bears it not for naught therefore if thou dost Evil fear Thirdly Yield Honour and Reverence to their Persons for though they are Men subject to the same Natural infirmities that we are yet we must remember whose Person they bear upon them they are the Deputies of God And therefore Honoured with his Name I have said ye are Gods It is said of the Persians that when they come into the presence of their Prince they draw their Hands into their Sleeves in token of their Reverence and Loyalty they will not have a Hand stirring while Majesty is in presence Now as to the concluding this my present Discourse I pray not only your Hands be lifted up to Heaven but your Hearts also and that all may fervently joyn with me in the conclusive Prayer of our Church Liturgy for the Morning Service every Sabbath-day which is as followeth ALmighty God whose Kingdom is Everlasting and Power Infinite have Mercy upon the whole Church and so rule the Heart of thy chosen Servant James our King and Governour that he knowing whose Minister he is may above all things seek thy Honour and Glory and that we and all his Subjects duly considering whose Authority he hath may faithfully Serve Honour and humbly Obey him in thee and for thee according to thy holy Word and Ordinance through Jesus Christ our Lord who with thee and the Holy Ghost Liveth and Reigneth one God World without End Amen FINIS ERRATA PAge 5. l. 23. for Petion r. Petition p. 18. l. 2. for Priviledges r. Prerogatives p. 21. l. 21. for agrreing r. agreeing l. 36. for joyned r. enjoyed p. 25. l. 6. for datam fit r. datum sit l. 8. for reprsentons r. repraesentans p. 28. l. 2. for Pallainum r. Pallatinum p. 29. l. 24. for tiahit r. trahit p. 30. l. 1. after Sword add in p. 42. l. 36. after King dele and.