condemns even Parliament-Attainder The things that belongs to Justice and Peace are annexed to the Crown nor can they be separated The Parliament in the behalf of Henry the eighth writ thus to the Pope His Royall Majesty is the Head and the very Soul of us all his Royall Majestie 's cause is the cause of us all derived from the Head upon the Members his griefs and injuries are ours we all suffer equally with him Mr. Camden speaks thus of him The King is the most excellent part of the Common-wealth next unto God he is under no vassallage he takes his investiture from no man he acknowledges no Superior but God In England France Spain Denmark and other Kingdoms they are styled Kings Dei gratia by the grace of God Which hath been an antient custom in these Nations in the same or the like words as in the style of King Ethelbald Ethelbaldus divina dispensatione Rex Merciorum An. 716. Kenulphus Dei misericordia Rex Merciorum Beoredus largiente Dei gratia Rex Merciorum Ego Edwardus Dei gratia Rex Anglorum Ego Wilielmus Dei beneficio Rex Anglorum And the Kings of England since by a Bull from Rome in the time of our obedience to the Pope have been styled Defenders of the Faith and by Act of Parliament of Henry the eighth to whom that Bull was sent had the title of Supream Head of the Church of England annexed As the King of France is styled Rex Francorum Christianissimus the King of Spain Rex Catholicus or Catholica Majestad Catholick Majesty and the Emperor Defender of the Church It is the manner of Kings also to write in the plurall number which is God's own style as Mandamus Volumus Facimus c. And indeed in the Scripture we often find them called gods and in that sense may be styled Divi or Dii quia Dei vicarii Dei voce judicant Mr. Selden speaks thus upon this subject Man as a civill creature was directed to this form of subjection As if the sole observation of Nature had necessarily led the affections of men to this kinde of state Whence it is also that while others of the most curious in Philosophy tells us of Angells and the Supream Heavens being immediately Governed by the Maker of all things of the Planets and other Stars being ruled by the Sun and the separated Souls and the Aire being subject to the Moon they add together that upon Earth Kings are in like sort of Government as if naturall reason had first ordained them on earth by an unavoidable imitation of the Creator's providence used in that institution of Government in the Ayr Starrs and Heaven Neither do the antientest Gentiles speak of those elder times than with clear supposition of Monarchy even in the Infancy of the world And though divers of the chiefest States of the old Grecians were in their most flourishing times Democracies or Optimacies yet the more antient States there were in every place Monarchies as is expresly noted by Pausanias They are honored in all salutations not onely with kissing the hand but bowing the knee also in acknowledgment of their superiority to all Some are of opinion that this kind of Salutation came first to Rome from the old customes of the Asiatick Kingdoms For when the Persians meet you may know whether they be equall or not for in salutation they kisse each other but if one be somewhat inferior they kisse onely the cheek but if one be more ignoble he falls down adoring the other and passing by one another he turns his back as unworthy to look him in the face that is so much above him in honor The Ceremonies at his Coronation are many and in England more than any other Countries As the annoynting with Oyl the sacred Consecration which is to no other Kings but France Sicily and Jerusalem and his Crown fell on his head with many Religious Ceremonies which Spain Portugall Aragon and Navar c. have not besides the Ensignes of Regality which are a Ring to signifie his faithfulnesse a Bracelet for good works a Scepter for Justice a Sword for vengeance Purple 〈◊〉 to attract reverence and a Diadem triumphant to blazon his glory The Ceremony of Anointing every one almost understands to have been an Institution as old as the Law of God almost for though we find no speciall command in the Law delivered for it yet we find examples of it in a continued succession from God's own people and that with the holy Oyl with which none by the command in the Law were to be anoynted but the Priest which Oyl never wasted And that this hath been no Innovation among us is proved by Mr. Selden who makes it appear to be of above a thousand years standing before it was either in the Empire or France Though they have had it in France a long time and they say by divine Institution 〈◊〉 upon us for their authority the Miracle of a Dove that brought a Vial of holy Oyl from Heaven to anoynt King Clovis the first about five hundred years since Christ which Oyle they say hath never wasted It was the saying of Thomas Becket Archbishop of Canterbury Inunguntur Reges in Capite etiam Pectore Brachiis quod 〈◊〉 ficat gloriam sanctitatem fortitudinem Kings are annointed on the Head to signifie their glory on the Breast to 〈◊〉 〈◊〉 their sanctity on their Arms to 〈◊〉 their power He is Crowned with an Imperiall Crown the Crown set on his head by the Archbishop of Canterbury a Prerogative to that See as it is in Spain to Toledo in France to Rheims and in Swethen to Upsalia But this Imperiall Crown hath not been long in use among us though our Kings have have had Imperiall Commands as over Scotland Ireland Man and other 〈◊〉 yet of Ireland they were but Lords untill the 33 year of Henry the eighth he being notwithstanding as absolute a Monarch over it when he was but Lord of Ireland as when he was styled King The Crowns formerly were but the same in a manner with that of an Earl now Neither is it to be found that any such thing as a Diadem was in use at all till the time of Constantine 〈◊〉 Great the distinction before being some kind of Chaplet or which is most certain a white silk Fillet about the brows which was an ordinary way to distinguish them as I have my self seen Statues of the Emperor with such a kind of Fillet about the head From whence is that which we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus The first that was Crowned with this kind of Imperiall Crown floryed and arched was Henry the third say some but others Henry the first and indeed it is left disputable to me so by me to others However it is very probable and plain that the antientest
very great and plain for in some places they say it was the Queen's Garter and if so what needed then the Motto But most commonly they say it was the Countesse of Salisburies ' whom they name sometimes Alice and sometimes Joan when her name was Katherine and Mistris and after wife to the Black Prince Son of the said King as is well observed in Heylyn's History of St. George By which Froysart's error must appear very perspicuous who was the first and most eminent Author of this mighty fable Mounsier Favin in his Theater of Honor quotes Froysart and Polydore Virgil for the like account But I am apt to collect another reason from Mr. Selden's discourse an authority that I think needs no Apology and to think Edward the third being to engage a field gave St. George for the word long time before the Patron-Saint of England in which battail he gained a great victory which was about the year 1349. and at his return in the year one thousand three hundred and fifty established thisOrder to the honor of St George which agrees with the black Book of Windsor that Chronologizes it on the three and twentyeth day of April in the year one thousand three hundred and fifty being the three and twentyeth of that King's Reign And I understand not but that the addition of the Gartet might be after added to the Ensignes of the Order for the firstEnsign together with the Robes was the Crosse of Saint George yet in use amongst them And some do adde that the Garter was from a Martiall rise also as that a leather-garter upon the left leg was a mark given to some of the eminent Commanders with promise of enriching it on those that performed honorably in the charge For the account of the time according to other Authors it is left disputable Mr. Selden takes notice of some of the French Authors that affirm it to be erected in Anno 1344. yet after his victories as in the relations of the same Froysart and Thomas of Walsingam And Polydore Virgil to whom Favin subscribes will have it in An. 1347. Yet in another place he sets it down in the year one thousand three hundred and forty four Oportet mendacem memorem esse And one other observation I collect from some of these Authors that the Order was established before either of these passages only as a Seminary to draw other Knights of the world into these parts which caused the French King to do the like the same year of another Order by way of prevention this is averred by some Which is I conceive by other circumstances a mistake upon a Just or Turnment proclaimed by the said King Edward about the year one thousand three hundred forty and four in all places beyond the Seas to be held at Windsor about which time he caused to be built a very large round table for the entertaining of such Princes and Persons of great quality as should repair thither when the Earl of Salisbury was so bruised at the Justing that he dyed At the news of which meeting the French King sodainly after did the like to obstruct the concourse of great soldiers and honorable Personages that this would have produced The patron of this order is St. George who suffered Martyrdome at Nicomedia and was buryed at Lydda in Capadocia according to Dr. Heylin but Mr. Selden sayes he suffered at Lydda under Diocletian about the 〈◊〉 of Christ one hundred and ninty Whose fame was so great in the world that many Temples were built to his name as that of Justinian in Armenia and in Venice the chief Church for the Grecians Jo. Eucaitensis built a Monastery to the honor of St. George in the time of Constantine Into which the Emperors after were wont to make a solemn procession every Saint Georges day In Carinthia there is an Order of Knighthood of St. George in very much esteem And Eusebius speaks also of another Order of St. George among the Greeks whose Ensign is a red Crosse with this Motto Sub hec signo vinces begun by Constantiue the Great When first it came into this Nation is by the best Antiquaries left disputed but that he hath been long honored as Patron-Protector of England is proved by all and by Mr. Selden before the Conquest The three and twentyeth day of April being constantly celebrated to his memory And it is no marvail saith the same Author that so warlike a Nation should chuse to themselves the name of such a souldier Saint known by the particular name of Tropheophorus and of greater eminence in both the Eastern and Western Churches then any other Souldier-Saint The Soveraign of this order is the King of England the number of the Fellowship is twenty six besides the Soveraign of which when any of them dye the place is to be supplyed by another elected by the Soveraign with the consent of the Fraternity as it was antiently chosen and estalled at Windsor but since it is referred to the entire disposing of the King They have many Articles confirmed to which all that are enstalled subscribe and have an oath to which they swear that to their power during the time they shall be fellows of the Order they will defend the honor quarels rights and Lordships of the Soveraign and that they will endeavour to preserve the honor of the said Order and all the Statutes of it without fraud or covin Quinam perjurati The Officers of the Order are a Prelate which is alwayes the Bishop of Winchester a Chancellor Register a King of Arms called Garter and an Usher called the Black Rod added by Henry the eighth Their habit is a Cassock of Crimson Velvet and a Mantle of Purple Velvet lined with white Sarcenet on the left shoulder whereof is an Escutcheon of S. George embroydered within a Garter with the Motto the Escutcheon is Argent a plain Crosse Gules Above all about the neck they wear a collar of the Order weighing thirty ounces of Gold Troy weight composed of Garters and Knots enamel'd and with Roses red and white and since the coming in of King James there hath been an intermixture of Thistles At this collar hangeth the Image of St. George on horseback enriched with precious stones And about the left leg they wear a Garter enamelled and enriched with gold pearl and stones of great value with the same Motto of Hony soit qui mal y pens For their ordinary Ensign they wear a blew ribbon over their left shoulder and another on their left leg and a Star of silver embroy dery on the same side of their cloak with the Scutcheon of St. George in the Center of it And sometimes at their Ribbon a George also and then they wear it about their necks Their feast is yearly at Windsor Castle on St. Georges day In which place upon the foundation of it was a Church erected with Dean and Prebends as also thirteen poor
summoning of the Commons was in the 49. year of Henry the third The style of the Statutes running after this manner The King hath Ordained and Established these Acts underwritten c. First The King willeth and commandeth that c. Signifying the power of enacting to force and penalty was derived from the Volumus of the King not the Vote of the Lords and Commons their consent only making it of more vigour against themselves If it were an Act of Indulgence or relief to the Common-wealth it run thus Our Lord the King of his speciall Grace and for the affection that he bears unto his Prelates Earls and Barons and others of his Realm hath granted that c. And sometimes Our Soveraign Lord the King hath granted and commanded at the Instance of the Nobles of this Realm c. No mention at all being made of the consent of the Lords and Commons Then afterwards thus they run Our Lord the King by the Counsel of his Prelats Earls Barons other great men Nobles of his Kingdom in his Parliament hath Ordained 〈◊〉 c. An. 33. Edward the first 1307. and so along in other Statutes the Commons not at all mentioned in the enacting any Statute but as thus in the beginning of Edward the third At the request of the Commons of this Realm by their Petition made before him and his Councel in the Parliament by the assent of the Prelates Earls and Barons c. Untill the 23. of this Kings reign in a Statute of Labourers I find the Commons not mentioned and then the power of Ordination given to the Statute still by the King as thus It is ordered by our Lord the King by the assent of the Prelates Farls Barons and other great men and all the Commons of the Realm summoned to this Parliament c. And in one Act of the same King the style runs thus The King of his own will without motion of the Great men or Commons hath granted and Ordained in ease of his people c. And then to signifie the Constitution of the Commons in Parliament See the 37. of Edward the third where the Statute runs thus The King at his Parliament c. at the request of the Commons and by the assent of the Prelates Dukes Earls and Barons and other Great men there assembled hath Ordained c. and at the prayer of the Commons c. In which style most of the Statutes run untill Henry the eight And for provision of the choyce of the Commons in a Statute of the 23. of Hen. 6. is set down the form of Writ by which they are summoned where it is also enacted That the Knights of the Shires for Parliament hereafter to be chosen shall be naturall Knights or otherwise such naturall Esquires or Gentlemen of the same County as shall be 〈◊〉 to be Knights And every Knight that is elected ought to be a resident of the place for which he is elected and every man that is an Elector ought to have forty shillings of free-hold within the said County and for the security of it the Sheriffe hath power to put them to an Oath upon the Evangelist and the Election ought to be betwixt the hours of eight and nine in the Forenoon and so of Burgesses The form of the Writ is this Rex Vic' c. Salutem Quia nostri 〈◊〉 pro quibusdam arduis ur gentibus negotiis nos statum defensionem regni nostri Angliae Ecclesiae Anglicanae concernent ' quoddam Parliamentum nostrum Westm. 12. die Novemb. proxim ' futur ' teneri Ordinavimus ibidem 〈◊〉 Magnatibus Proceribus domus regni nostri colloquium habere tractare Tibi praecipimus firmiter injungentes quod facta Proclamatione in proximo tuo post receptionem hujus literis nostris tenend ' die loco predicto duos milites gladiis cinctis magis idoneos discret ' Com' praedict ' c. electionem illam in distincte apertè sigillo tuo sub sigillis eorum qui electioni illi 〈◊〉 〈◊〉 bis in Cancellaria nostra locum certisices 〈◊〉 And still before they came up to the House they signed Indentures to be true and faithfull to their King and Country and the service thereof upon a penalty even to the last long Parliament of eternall infamy And in the third of Queen Elizabeth it was enacted in full Parliament for the safety of the Queen's Majesty her Heirs and Successors and the dignity of the Imperiall Crown of England for the avoiding both of such hurts perills dishonor and inconveniencies as have before time befallen that not only all persons should take the Oath of Supremacy upon divers penalties in that Act specified But also every Knight Citizen and Burgesse of the Parliament should take the said Oath before he entred into the said House or had any voyce there else he should be deemed no Knight Citizen or Burgesse for that Parliament nor have any voyce but shall be to all intents constructions and purposes as if he had never been Returned nor Elected for that Parliament and shall suffer all pains and penalties as if he had presumed to sit in the same without Election Return or Authority And by King James the Oath of Allegiance was added Yet notwithstanding all this limitation upon the Commonalty Parliaments in England were ever esteemed since Magna Charta the greatest liberty of the Subject none else indeed being dreamt of And as it is as great a flower of the Crown to summon Parliaments as foedera bellum indicere to make War and Leagues which is so absolute that it is resolved by all the Judges of the Land that the King may before he is Crowned if by descent the Crown be his right summon a Parliament or within age as was seen in King Henry the sixth who summoned divers Parliaments in his 1 2 3 4 5 6. years of his reign yet was not Crowned till the eighth He being then essentially King without any Ceremony or Act ex post facto and Coronation but a Royall Ornament So the priviledges of Parliament and of the Common-wealth by Parliament are as great for though we thus see the great Prerogative of a King yet many things there are which a King in his own Kingdome cannot do without a Parliament by the Laws by which he hath bound himself as the making any man hereditable or the altering the Common Law or Customs of the Realm though by his absolute authority he may commit any man to Prison during his pleasure Therefore every Parliament-man during the time of the Parliament is priviledged from all disturbance of arrest for debt or the like and the servants of any Parliament man as much as the Kings are And to this Parliament for the further security of the good of the Common-wealth were ever admitted certain Judges of the Land though