of Peace and War and this appears within the very letter of their demands viz. That he might judg them which is the power of Peace and go out before them and fight their Battels which is the power of War And what Authority he had in matters of the Church may be seen in this That Solomon of himself thrust out Abiathar the High-Priest and appointed Zadok in his room And that even the Horns of the Altar were no Sanctuary against him in case of Treason may be also seen in Adonijah and Joab and yet we cannot so much as gather that God was offended with him for his so doing or that his person was the less acceptable to him by reason of those matters To which if it be objected That God gave them a King in his anger I answer Moses having foretold the Israelites that when they came into the Land they would be asking a King charges them to set him over them whom God should choose which shews That a popular Election was utterly forbidden them yet they weary of such Judges as had succeeded Moses and whom God had raised to rule them as Kings demand a King like all the Nations i. e. of a more absolute power than those Judges had and therefore not staying Gods time but taking upon them to be their own Carvers he is said to have given them a King in his wrath in that they had not rejected Samuel but himself who had appointed Samuel In acknowledgment of which and as sensible of their error they ever after accepted their Kings by Succession unless only when their Prophets had anointed and ordained another by Gods special designation Nor do we find any one in Holy Writ chosen King by the Children of Israel but Abimelech the Bastard of Gideon and Creature of the People who also came in by Conspiracy and Murder And as it seems probable Jeroboam who made Israel to sin for they had sent to him at that time a discontented Fugitive in Egypt and he headed them in a complaint of Grievances to Rehoboam which occasion'd the revolt of the ten Tribes both which yet reigned as wickedly as they entred unjustly and perish'd miserably SECTION V. What is here intended by a Supreme Monarchy The marks of Sovereignty as the Power of making Laws and exemption from any coactive obedience to them The Power of Peace and War c. That the Kingdoms of England c. are Supreme Imperial Monarchies Those two marks of Sovereignty and seven others prov'd to be no other than what has ever been the undoubted Right of the Kings of England The Kings Sovereignty by the Common Law The like from the Statute Law Power in Ecclesiasticks And that they have justly used those Titles of King and Emperor and that from ancient times and before the Conquest I Have now brought my Discourse whither I first design'd it and therefore to avoid confusion which ever attends the being too general I shall first shew my Reader what I mean by a Supreme Imperial Monarch at this day and in the next place prove the Kings of England c. are such And lastly that however the Emperors of the West and East have so much striven about that great Title of Emperor or Basileus that yet the Kings of England as Supreme within their Dominions have also and justly from ancient Ages used it as no less proper to their own independent greatness As to the first The Regal Estate and Dignity of a King is of two sorts The one Imperial and Supreme as England France Spain c. who owing no service to the Majesty of another is his own Master and hath an absolute Power in himself no way subject to the controul of another and of such a one speaks Martial Qui Rex est Regem Maxime non habeat The other an Homager or Feudatary to another King as his Superior Lord such as that of Navar and Portugal of old to Castile Granada and Leon to Aragon Lombardy Sicily Naples and Bohemia to the Empire six parts of the Saxon Heptarchy who acknowledged the seventh Anglorum Rex primus and such was Aella King of Sussex the Kings of Man and others of whom I shall have occasion to speak hereafter hereafter The first of these is what I intend and will be the better made out if we cast our eyes a little on the marks of Sovereignty and then consider wherein they differ from our own Laws And amongst others we find these 1. The Power of making Laws and so what our English Translation calls Judah my Law-giver is in the vulgar Latin Juda Rex meus Judah my King This power being one of the principal ends of Regal Authority and was in Kings by the Law of Nature long before Municipal Laws had any Being the people at that time being govern'd by a natural equity which by the Law of Nature all were bound to observe And so the Poet Remo cum fratre Quirinus Jura dabat populo The like of King Priam Jura vocatis More dabat populis And of Augustus Legesque tulit justissimus Auctor So Cicero speaking of Julius Caesar as a Law-giver saith thus Caesar si ab eo quaereretur quid egisset in Toga Leges se respondisset multas praeclaras tulisse Though many yet received Laws at the will of their Prince and thus Barbaris pro legibus semper imperia fuerunt which word barbarous at that time carry'd no disgrace with it but was apply'd to them that spoke a strange Language And so the Hebrews called the Egyptians of all other Nations the most civiliz'd and learned for that they us'd the Egyptian Tongue and not the Hebrew as we have it in the Psalmist When Israel came out of Egypt and the house of Jacob de gente barbaro from a people of strange language And as they gave Laws to others so were they loosed from the force of them themselves i. e. from all coactive Obedience or Obligation to any written or positive Law Thus M. Antony when press'd by his Cleopatra to call Herod in question answer'd It was not fitting a King should give an account of what he did in his Government it being in effect to be no King at all And to the same purpose Pliny Ereptum principi illud in principatu beatissimum quod non cogitur Another mark of Sovereignty is the power of Peace and War and which as Bodin says was never doubted to be in a King In like manner to create and appoint Magistrates especially such as are not under the command of others The power of the last appeal To confer Honors To pardon Offenders To appoint the Value Weight and Stamp of his own Coin and make Forein Coin currant by Proclamation To receive Liege Homage of an inferior King And bear those Titles of Sacred and Majesty only proper to Sovereign Princes apart from all others of
in the Case of the County-Palatine of Wexford reported by Sir John Davys at that time Attorney-General of Ireland As also the County-Palatine of Tipperary formerly enjoy'd by the Ancestors of his Grace James Duke of Ormond c. the present Lord Lieutenant of the same and granted restored and confirm'd to him by Letters-Patents at Westminster the 22. of April in the 14th of this King and not long afterward confirmed by Act of Parliament in Ireland and whence also he bears it as a part of his Titles Dominus Regalitatum Libertatum Comitatus Palatini Tipperarii Nor is this all The Kings of England have created Kings within their own Dominions and for such has the world received them So King Henry the Second in the 13th year after his coming into Ireland made his Son John King of Ireland And Henry the Third his Son Edward the First Lord of Ireland and well own'd the doing it albeit until the 33 Henry 8. they wrote but Lords themselves for their Dignity was merely Royal as having their Justices Custodes or Lord Lieutenants and all things belonging to the Royal Estate and Majesty of a King And Sir Edw. Cooke tells us he has seen a Charter made in 20. H. 6. to Henry Beuchamp Earl of Warwick whereby he was created King of the Isle of Wight and as saith Mr. Selden Crowned King of the same 6. The Power of Pardoning which is a Royal Act of Grace whereby the King either before Conviction Sentence or Attainder or after forgiveth any Crime Punishment Execution Right Title Debt or Duty Temporal or Ecclesiastical on which account he may restore a man that has lost Liberam Legem by being recreant As also all that is forfeited to him by Attainder c. he may restore by his Charter but if by the Attainder the Blood be corrupted that must be restored by Act of Parliament of which more at large in Sir Edw. Cooke Titles Pardons and Restitutions 7. To appoint the Value Weight and Stamp of his Coin and make Forein Coin currant by Proclamation As to the first we need go no farther than the smallest Piece and that will tell us whose Image and Superscription it is and therefore called the Kings Money and so King John brought the Irish Mony to the English Standard And as to the other the same Sir Edw. Coke tells us That the King by his absolute Prerogative may make any Forein Coin lawful Mony of England at his pleasure by his Proclamation And in another place putting both together he says That lawful Mony of England is of two sorts viz. The English Mony either of Gold or Silver Coined by the Kings Authority or Forein Coin by Proclamation made currant within this Realm 8. To receive Liege Homage of another inferior King or Homager and such was our Henry the Second to the old Kings of Ireland who are stiled Reges Reguli and may more particularly appear in a grant of his to Roderick King of Connaught that he should enjoy his Territory under a certain Tribute Et quam diu ei fideliter serviet ut sit Rex sub eo Paratus ad servitium suum sicut homo suus And that Oneale is sometime stiled Rex and sometime Regulus denotes the Subject-Kings of that Country And long before the Conquest Edgar had eight Reguli or inferior Kings Homagers to him who at one time row'd him on the River Dee himself guiding the Helm and afterwards glorying to his Nobility that then every one of his Successors might boast himself to be King of England when he receiv'd the like Honor from so many Kings his Attendants So Reignald Lord or King of Man Cui etiam fas erat Corona aurea Coronari and those of Ireland did Homage to our Henry the Third And John Baliol King of Scotland and David Prince of Wales to Edw. the First and James the First to Henry the Sixth for the Kingdom of Scotland So that Liege-Lord is he that acknowledgeth no Superior and a Liegeman is he that oweth Liegance to his Liege-Lord and so the word is frequently us'd in our Statutes viz. The Kings Liege-People And if such a one shall be in open War or Rebellion or joyn with a Forein Enemy against the King he shall not be ransom'd or proceeded with as an Enemy but as a Traytor because it is Contra Ligeantiam suam debitam and so the Indictment runs Such was the case of David Prince of Wales aforesaid who had judgment of Treason given against him for levying War against Edw. 1. for that his was within the Homage and Ligeance of the King 9. Lastly to bear those Titles only proper to Sovereign Princes apart from all others as being indivisible and incommunicable And here not to insist on the words Dei gratia which are familiarly seen in the Titles of the Kings of Europe and Princes of the Empire Spiritual Lords both abroad and at home have of elder times frequently us'd it in their Stiles and in a Summons to our Parliaments and Writs to Assemble or Prorogue the Convocation the King gives it to the Arch-Bishops as Rex c. Reverendissimo in Christo Patri Predilatoque fideli Consiliario nostro A. eadem Gratia Archiepiscopo Cant. c. But in Warrants and Commissions to them it is generally omitted and never us'd by themselves when they wrote to the Pope Emperor or a King but thus A. licet indignus c. Archiepiscopus or Episcopus B. c. whereby the present use of it among our selves is easily reconcil'd in that they receive the Attribute not give it The Kings of England are in the second and third person commonly stiled by that abstract of Majesty as your Majesty his Majesty which came into the Kingdoms of Christendom from the use of it in the Roman Empire the word in it self denoting all kind of special Dignity and if as we should say in English A Greatness And to peruse our Statutes from Magna Charta to our own time the most usual expressions are Our Lord the King The King our Sovereign Lord Most Excellent Highness Royal Majesty Noble Grace Most Excellent Majesty Most Royal Majesty Dread Sovereign Lord Most Gracious Sovereign and as we use it now Most Excellent Majesty and Sacred Majesty which are but the same Attribute in other words and in their own nature so unalienable from Sovereignty that they can by no process of time be Prescrib'd against or usurp'd upon neither can it at all be call'd an Usurpation as if it were proper only to God unless we as well deny Wisdom Power Clemency or any other quality to be attributed to men because those also as all else which is great or good are Primarily in him And so I have done with the marks of Sovereignty as they are generally receiv'd and now if there wanted any thing to
the further proof of this Sovereign Imperial Monarchy There are yet other Regalities and Prerogatives which the Common Laws of England have ever allowed and never doubted but to be inherent in their Kings And hence it is that the King cannot be said to be a Tenant because he hath no Superior but God Almighty And if the King and a common Person joyn in a Foundation the King shall be the Founder for the thing being entire the Kings Prerogative shall be preferr'd That he shall have the Escheat of all Lands whereof a person attaint of High Treason was seiz'd of whomsoever they were holden That there is no Occupant against the King nor shall any one gain his Land by priority of Entry for Nullum tempus occurrit Regi That half Blood is no impediment to the descent of the Lands of the Crown as was seen in the Case of Queen Mary who was but of half Blood to King Edward 6. and Queen Elizabeth to both for the quality of the Person alters the Descent That the accession of the Crown purges all Attainders as may be seen in the respective Cases of Henry 6. and Henry 7. whose Attainders were no other than a present disability which upon their assuming the Royal Dignity were ipso facto void That the word King imports his Politick Capacity which is never in minority and never dies but extends to all his Successors as well Kings as Queens That he is King before Coronation for besides that the Law suffers no interregnums he holds it by inherent Birth-Right the Coronation being but a Royal Ornament and outward Solemnization of the Descent and not unlike the publick Celebration of Matrimony between a Man and a Woman which adds nothing to the substance of the Contract but declares it to the world That the Ligeance of his Subjects is absolute and indefinite and due to the natural Person of the King by the Law of Nature which is immutable and part of the Law of the Land before any Municipal or Judicial Law and that an Act of Parliament cannot bar the King of the Service of his Subject which the indelible Law of Nature gave him it being a part of the Law of the Land by which subjection is due to him And therefore the Statute That no man notwithstanding any non obstante shall serve as Sheriff above one year bars not the King from dispensing with it And William Lord la Ware altho disabled by Act of Parliament was nevertheless called to Parliament was nevertheless called to Parliament by Queen Elizabeth by Writ of Summons for she could not be barr'd of the Service and Counsel of any of her Subjects Add to this That all Restrictions upon his Sovereign Liberty are void and therefore Publick Notaries made by the Emperor claiming to exercise their Offices in England were prohibited as being against the Dignity of a Supreme King And with this agrees the Statute-Law of Scotland made in the Parliament of the 5th of King James the Third cap. 3. In short when King John had subjected his Crowns of England and Ireland to Pope Innocent the Third and had become his Feodary under the annual Acknowledgment of one thousand Marks to the Pope and his Successors and when afterwards the Arrearages thereof were demanded the Parliament of that year answered That no King can put himself or his Realm in Subjection without their Assent And how far that Assent reach'd we have it in the 42 of Edward the Third where in full Parliament it was further declar'd That they could not Assent to any thing in Parliament that tended to the Disinherison of the King or his Crown whereunto they were Sworn which is no more than what the Statute that prescribes the Oath of the Kings Justices has in it viz. Ye shall not Counsel nor Assent to any thing that may turn him the King in Damage or Disinherison by any manner way or colour And to the same effect are the several Oaths of the Lord Chancellor and Lord Treasurer You shall not know nor suffer the Hurt or Disinheriting of the King or that the Rights of the Crown be decreased by any means as far as you may lett it In a word to omit many others All such things whereof no Subject can claim Property as Treasure-trove Wreck Estrays c. belong to the King by his Prerogative which extends to all Powers and Preheminences which the Law hath given the Crown and is a principal part of the Law of the Land and is called by Bracton Libertas Privilegium Regis both words signifying the same thing i. e. The Kings Prerogative And by Britton Droit le Roy The Kings Right And in the Register Jus Regium which is the same and Jus Regium Coronae The Royal Right of the Crown And since it has not been wound up so high as to endanger the strings what reason is there to wish it let down so low as to render it profanable by the People When the Philistines return'd the Ark of God which they had taken the men of Beth-Shemesh must be prying into it and he that has a mind to know the effect of their curiosity may read it in Samuel God slew one hundred and fifty thousand of them But enough of the Common-Law we 'l in the next place consider what the Statute-Law in further affirmance of the Common-Law saith to this matter And here it cannot be thought saith Sir Edw. Coke that a Statute made by the Authority of the whole Realm will recite a thing against the Truth I 'll begin with that of Richard 2. commonly call'd the Statute of Premunire in which it is declared That the Crown of England hath been ever so free that it is in no earthly subjection but immediately subject to God in all things touching the Regality of the same Crown and to none other In like manner the Statute of H. 8. against Appeals to Rome saith That by divers sundry old Authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supreme Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all sorts and degrees of people divided in terms by names of Spiritualty and Temporalty have bounden and owen to bear next to God a natural and humble Obedience And near the middle of the said Statute it is further called the Authority and Prerogative of the said Imperial Crown And in the 25 of the same it is called The Imperial Crown and Royal Authority recognising no Superior under God but only your Grace And in the following Chapter besides the frequent use of the word Imperial the Kings thereof are stiled Kings and Emperors of this Realm
And in another of the same Kings it is called The most Royal Estate of your Imperial Crown of this Realm and the same word Imperial made use of ten other times in the same Statute to the same purpose And with this agrees the Statute of Ireland where in express words also the Kings of England are entituled Kings and Emperors of the Realm of England and of the Land of Ireland and that too five years before the Title of Lord of Ireland was altered into King And by the Act that so alter'd it it is called The Majesty and State of a King Imperial And so in the first of Qu. Eliz. English in which the Oath of Supremacy was enacted the Crown of this Realm is three times called Imperial And in the third Chapter of the same year as often And in the 5th of the same Queen that requires all Ecclesiasticks Graduates in any University or Common-Laws Officers of Court Attorneys every Member of Parliament under the degree of a Baron to take the said Oath of Supremacy before he enter the House or such Election to be deemed void calls it The Dignity of the Imperial Crown And the Act of Recognition of King James uses the same expression of Imperial four times And upon a like ground of mere Supremacy was that Act of Scotland before the Union of the Crowns wherein 't is said Our Sovereign Lord his full Jurisdiction and free Empire within this Realm Scotland And the late Oath or Test prescribed to be taken by all persons in Publick Trust in that Kingdom declares the Kings Majesty the only Supreme Governor of that Realm over all persons as well Ecclesiastical as Civil And the Act of acknowledging and asserting the right of Succession in that Kingdom calls it the Imperial Crown of Scotland In all which matters I have been the more particular that I might the better evince my Reader that this Independent Sovereignty and Supremacy of the Kings of England c. has not been the opinion of any one time but the general consent of all and that our Kings hold their Crowns in chief from God and owe no precarious acknowledgments to the courtesie of the People Nor is the Kings Immediate Personal Originary Inherent Power which he executes or may execute Authoritate Regiâ Supremâ Ecclesiastica as King and Sovereign Governor of the Church of England to be less consider'd it being one of those flowers which make up his Crown and preserve it in verdure And here I question not but it will be granted that the King is the Supreme Patron of all the Arch-Bishopricks and Bishopricks of England as being all founded by the Kings of England to hold Christi Baroniam excepting that of Soder in the Isle of Man which was instituted by Pope Gregory the Fourth and may perhaps be the reason why the Bishop thereof hath neither Place nor Voice in the Parliament of England and so were at first donative Per traditionem annuli baculi Pastoralis by the delivery of a Ring and the Pastoral Staff or Crosier And the Bishop of Rome persuading Henry the First to make them Elective by their Chapters refused it But King John by his Charter recognising the Custom and Right of the Crown in former times by the common consent of his Barons granted that they should be eligible as least doubting he had so far lockt up himself as that he might not be receiv'd to disapprove or allow for before that I find That when he had given a Conge d' eslier to the Monks of Canterbury to Elect an Arch-Bishop and Pope Innocent the Third notwithstanding the Kings desires of promoting the Bishop of Norwich to it whom also they had Elected had under a Curse commanded them to choose Stephen Langton with which for fear of Excommunicacation they comply'd the King banishes the Monks as Traytors and writes to the Pope that he had subverted the Liberties of his Crown by which it appears that he lookt upon himself as the Supreme Governor of the Church of England and that no Arch-Bishop or Bishop could be put upon him without his consent and what advantage the Kingdom got by this Usurpation may be gather'd from the effects when after a more than six years Jurisdiction the King Depos'd and a free Crown put in Vassalage it only open'd a way to those future Broils between him and his Barons which lasted all his time and wanted no fuel to feed 'em till towards the latter end of his Son men began to stand at gaze and as infatuated or startled at they knew not what thought it more safety to look on than lend a hand to master it nor had they fully resolv'd what to do until the Pope having demanded Homage of Edw. 3. and the Arrears of one thousand Marks per ann for the Kingdoms of England and Ireland which had been also demanded in the 3 of Edw. 1. and in case of non-performance threatned to make out Process against the King and Kingdom then at last the scales fell from their eyes and as men got out of a dream they began to consider what they had startled at and as an argument of their recovered Senses the Lords Spiritual by themselves the Lords Temporal by themselves and the Commons by themselves unanimously resolv'd and declar'd That the King could not put Himself his Realm or his People in subjection without their Assent and albeit it might it is as saith Sir Edw. Coke Contra Legem consuetudinem Parliamenti contrary to the order and custom of Parliament because it is a disherison of the King and his Crown after which to avoid all further dispute the manner and order of Election of Arch-Bishops and Bishops and all things relating thereunto is setled by Statute viz. 1. Negatively That no one thereafter be Presented Nominated or Commended to the Sea of Rome for the Dignity or Office of any Arch-Bishop or Bishop within this Realm or any other the Kings Dominions 2 Affirmatively That at every avoidance of any Arch-Bishoprick or Bishoprick as before the King our Sovereign Lord his Heirs and Successors may grant to the Dean and Chapter of the Cathedral Churches where the Sea of such Arch-bishoprick or Bishoprick shall happen to be void a License under the Great Seal as of old time hath been accustomed to proceed to Election of an Arch-Bishop or Bishop of the Sea so being void with a Letter missive containing the name of the person which they shall Elect or Choose by virtue of which they elect the said person c. or in case of refusal incur the Penalties of a Premunire So that upon the whole the Election in effect is but a matter of form it is the Kings meer Grant which placeth and the Bishops Consecration which maketh a Bishop Neither do the Kings of this Land use herein any other than such
The same Game playing over again Prognostications c. The ill consequence of such Impressions The examples of Cade Tyler and others Holy League in France Solemn League and Covenant at home c. New Trains to the old Fuel Our Saviours advice to his Disciples touching the leven of the Pharisees What that and they were made applicable unto our selves 210 Sect. X. A Close from the whole by way of Enquiry Whether an Exclusion of his Royal Highness the Duke of York may be of more advantage or disadvantage The advantage propos'd and whether an Act for security of Religion may not be as safe as a Bill of Exclusion The moral impossibility of introducing the Romish Religion tho the Prince were of that Persuasion The reason why the Kingdom follow'd the Reformation under Edw. VI. Qu. Mary Qu. Elizabeth That the case cannot be the same at this day The Crown of England an ancient Entail with the danger of Innovations Objection That such things have been done So has a King been murder'd More particularly answered in Edw. IV. Qu. Mary and Qu. Eliz. all three excluded by Parliament yet came to the Crown No man changes but in hopes of better The advantages of continuing as we are It is a bar to Pretenders The same as to Competitors Disorders avoided No new Family to be provivided for The indignity of a Repulse avoided Suppose Scotland and Ireland be of another Opinion the former of which has by Parliament asserted the Right of Succession of that Crown notwithstanding any Religion c. Lastly all occasions of Jealousie taken away Objection answer'd Disadvantages that have attended the laying by the Right Heir Examples from old Rome and Vsurpations at home The Revolt from Rehoboam our loss of France With a conclusion from the whole More particularly as it relates to his Royal Highness 236 A DISCOURSE OF MONARCHY c. SECTION I. That Monarchy or the Supreme Dominion of one person was primarily intended by God when he created the World That it is founded in nature As consonant to the Divine Government And of Divine Institution Acknowledg'd by Heathens as well as Christians GOvernment is of that absolute necessity if not to the being at least to the well-being of every thing that without it nec domus ulla nec civitas c. nor House nor City nor Nation nor Mankind nor Nature nor the world it self could consist inasmuch as the stronger would devour the weaker and the whole run back again to its first Chaos and therefore the eternal Wisdom when he had created the world and stockt it with living Creatures according to their kinds as if he had done nothing while there yet wanted something more excellent to govern it made man Sanctius his animal mentisque capacius altae Deerat adhuc qui dominari in caetera possit Natus homo est A creature not only capable of it and that he might the better go thro with it furnish'd out accordingly Cognati retinebat semina coeli but primarily design'd to it and however last in act yet first in projection for says the Text Let us make man c. And God created man after his own likeness c. and blessed them and said Increase and multiply c. and have dominion c. and over every thing that moveth upon the earth by which what other can there be rationally understood but the supreme Sovereignty or Dominion of one for if God Almighty had intended otherwise how easie had it been when he created our first Parents to have form'd a multitude and given them a joynt Commission to have govern'd one another or at least bade 'em gone together and agree among themselves but he foresaw it would not be and therefore to avoid confusion the inseparable companion of a multitude created but one and erected an exemplary Monarchy in him Neither will this less appear if we consider that the very laws of nature lead us to a Monarchy Natura commenta est regem saith Seneca de Clem. As among all irrational creatures who having least of reason are wholly govern'd by sense we find some one that has a preheminence above the rest of its kind And thus Birds have their Eagle Beasts their Lion and among them also every Flock its vir gregis the Fish of the Sea their Leviathan a King over the children of Pride for so Job calls him and the shout of a King may be found among Bees Rege incolumi mens omnibus una est Amisso rupere fidem Nor is it more founded in nature than consonant to the Divine government of God and a lively image and representation of him who as sole Monarch ruleth and guideth all things Look up to Heaven and we find an Hierarchy among Angels and one Star differ from another in glory yet every of them paying this homage to the Suns sovereignty that they veil their faces at his least appearance Take back again to Earth and this little world of man has but one Body and all the members of this body but one head whereon depends the will motion and sense and the greater world but one God He ruleth over the Angels than whom he made Man only inferior they over Men Men over Beasts the Soul over the Body Man again over Woman and Reason above Affection by which means every good commanding over what is less good by a certain combination of Powers all things are kept in their order whereas were there a duplex Principium of equal power as the Ancients fabled the commands must be contrary and consequently thereby either ruine one another or at least by their continual jarring disturb the harmony of the whole and therefore it is observable that albeit God who comprehended the whole system at once and unblotted nature thro all her Meanders and to every days work but that of the second said And behold it was good yet until he had put to his last finishing hand i. e. made man and giv'n him his Commission of having dominion It is not said And God saw all that he had made and they were very good and by that Divine Commission have Kings ever since reign'd there being no power but what is appointed of God who according to the similitude of his heavenly Kingdom hath given unto them the Scepters of their earthly Principalities Nor need we go far for examples we find it every where for such was Abraham taken and acknowledged by the Inhabitants when they call'd him Principem Dei and albeit Heaven be the Throne of God yet we meet with another of his on this Earth his Foot-stool for so we find it express'd Solomon sate on the Throne of the Lord as King And in like manner the Queen of Sheba God set thee on his Throne to be King for the Lord thy God As also David is called his King and his Anointed He giveth strength to his King c. and
blanch the design and however the voice may be the voice of Jacob it seldom happens but that the hands are the hands of Esau. What mischiefs did the Army of God and the Church for so they stil'd themselves in King John's time The Holy League in the time of Henry 3. of France which albeit himself entred into for the Extirpation of the Hugonoâ—s yet it was not long ere it was turn'd upon him John of Leyden and Knipperdolin in Germany The Sword of the Lord and Gideon as it was then called under John Knox in Scotland And the Solemn League and Covenant in our own times the Brands of which are it seems not so altogether extinguish'd but that they more than once began to take fire again tho the flame were prevented And do we not find that in all these a demure down look and an uplifted eye went more than half way and a mistaken violence the undisputable Character of a zeal to the cause How much therefore have the people more need of a Pendulum than Fly somewhat to moderate not multiply the motion it being here as with Gossips Tongues much easier to raise the Devil than lay him Who ever put a Sword into a mad-mans hand to keep the Peace with or entrusted an Ape to range in a Glass-shop yet such or worse must it be where the People are the Reformer who never examin what they are doing but how to run farthest from what they were last And if so what mean these new Trains to the old Fuel Jealousies Murmurings Repinings Libels Licentious Discourses false News half Whispers Disputing Excusing or Cavilling upon Directions sometimes praising the Government yet but slightly at most and that too not without some pity of Defects and ill management Ay but and a shrug It were to be wish'd but who can help it we had and may have again however a good man 't is pity and what 's all this but the blowing one up to break him or lifting him from the ground to be the surer of throwing him or is it not what the Psalmist speaks of Sagitta volans in die c. The Arrow that flieth by day and the Pestilence that walketh in darkness for tho it be not level'd at any particular mark it cannot be but that it must hit some body as being shot among a crowd and so not improperly in S. Hieroms Translation further rendred by Daemonium meridianum And truly if the Conventicles at this day as the Preamble of the Act for the Preventing and Suppressing Seditious Conventicles and Sectaries says did not under pretence of Tender Conscience contrive Insurrections why might they not be contented with enjoying their private Opinions within their own Families and any other number of persons not exceeding four But alas alas Religion is not the matter but following and Parties Is it peace Jehu What hast thou to do with peace Get thee behind me They carry 't is true peace in their mouths but their hands are making ready to Battel I 'll close this point with the double advice of our Saviour to his Disciples Beware of the leven i. e. the Doctrin of the Pharisees for the better understanding of which it is requisite that we consider them as they were that is a sort of men of the strictest Sect of the Jewish Religion appearing outwardly more than ordinarily righteous unto men but within full of hypocrisie and iniquity for they did works but to be seen of men they shut up the Kingdom of Heaven against others but enter'd not themselves they made long Prayers but under that pretence devour'd Widows houses they tyth'd Mint Annise and Cummin but neglected the weightier matters of the Law c. and therefore our Saviour calls them eight times in the same Chapter Hypocrites and their Doctrin Hypocrisie Besides as Josephus says of them they were subtil proud scrupulous such as were able openly to practise against Kings and presumed to raise War against them and among them for whereas all the Jewish Nation had by Oaths oblig'd their fidelity to Augustus these men to the number of 6000. and upwards refus'd it And truly the very word Peruschim whence the name is derived speaks little less for it comes from the Hebrew Verb Parasch which in the Conjugation Piel signifies to divide or separate in which acceptation they are by the Greeks called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Separatists And by the well observing this we shall be the better enabled to follow that other Take heed that no man deceive you for many shall come in my name and shall deceive many for there shall arise false Christs and false Prophets c. Behold I have foretold you wherefore if they shall say unto you behold he is in the Desert Go not forth Behold he is in the secret chambers believe it not What our Saviour here said to his Disciples he said to all men in them and therefore to make it applicable to our selves when any such Prophet or dreamer of Dreams shall offer us peace in the Wilderness of a Multitude and Religion in the lurking holes or covert of a Conventicle that voice had need continually sound in our ears Go not out and believe it not be as often redoubled for much better it is that we leave the Ark to shake as it shall please God than follow any unworthy hands that may pretend even a Call to support it SECTION X. A further enquiry Whether any Exclusision of his Royal Highness the Duke of York may be of more advantage or disadvantage The advantage propos'd and whether an Act for security of Religion be not as safe as a Bill of Exclusion The moral impossibility of introducing the Romish Religion tho the Prince were of that Persuasion The reason why the Kingdom follow'd the Reformation under Edw. VI. Qu. Mary Qu. Elizabeth That the case cannot be the same at this day The Crown of England an ancient Entail with the danger of Innovations Objection That such things have been done So has a King been murder'd More particularly answered in Edw. IV. Qu. Mary and Qu. Eliz. all three excluded by Parliament yet came to the Crown No man changes but in hopes of better The advantages of continuing as we are It is a bar to Pretenders The same as to Competitors Disorders avoided No new Family to be provided for The indignity of a Repulse avoided Suppose Scotland and Ireland be of another Opinion the former of which has by Parliament asserted the Right of Succession of that Crown notwithstanding any Religion c. Lastly all occasions of Jealousie taken away Objection answer'd Disadvantages that have attended the laying by the Right Heir Examples from old Rome and Vsurpations at home The Revolt from Rehoboam our loss of France With a conclusion from the whole More particularly as it relates to his Royal Highness I Am fal'n upon an Argument of which
before the Commons came in to be a third Estate 1 Chron. 28.1 2 Chron. 5.2 Inst. 4.3 Answer to Mr. Petit. 19 20. Sir H. Spelm. Gloss. 450. Inst. 4 3. For so Mr. Selden takes the words Tit. Hon. 580. Ibid. 524. Answer to Petit. 44.46 Ibid. Answ. 52. Seld. Tit. Hen. 581. Ibid. Answer 56 57 58. Monast. Ang. Tit. Hon. 581. Pet. 61 62 63. Tit. Hon. 583. Sir H. Spelm. Tit. Baro. Pet. 80. ad 99. Sir H. Spelm. Gloss. 451. Ibidem The time when it is most probable they first came in 20 H. 3. Vide Stat. 52 H. 3. Gloss. 452. The Lords Temporal one great Estate The Lords Spiritual one other distinct Estate from the Lords Temporal Inst. 4.1 Seld. Tit. Hon. 594. Inst. 4.322 8 H. 6. c. 1. Stat. 1 E. 1. Stat. 13 E. 1 40 Edw. 3. An Act of Parliament in point 8 Eliz. c. 1. Express Authorities to prove the King none of the Three Estates Inst. 4.1 Cowel Interp. Tit. Parliam Tit. Scotland fol. 7 8. Stat. of Scotl. 3 Jac. 1. c. 48. Printed at Edenb 16. October 1669. All Printed at â—denbr 1681. English Stat. 1 Jac. c. 1. Inst. 4.351 A short Recapitulation of Affairs before his Majesties return Part of the Epitaph of Mary Queen of Scots Scobel's Collection of Acts 1648. That he wanted not opportunities of resenting them had he design'd it Virgil. Strada 1 Sam. 10.26 1 Chron. 10.5 2 Sam. 18.3 Eccles. 8.3 2 Sam. 3.36 Eccles. 10.20 Exod. 22.18 Psal. 105.25 Eccles. 8.2 〈◊〉 20.2 〈◊〉 1. Sci. 1. Job 36.18 Object 2. Sol. 2. Rom. 3.29 The like of other Nations to their Kings Herodot l. 8. De moribâ—s gentium l. 1. cap. 5. Ibid. l. 2. c. 10. Append. ad Pet. Ciacc de Triclinio 327. Object 3. Sol. 3. The precept of Obedience is without restriction Exod. 1.9 10. Ezra 6.10 Jer. 29.7 1 Sam. 15.26 35. Idolatry no ground to resist Matth. 22.21 1 Tim. 2.1 2. Bellarm de Poâ—t l. 3. c. 9. Buch. de jâ—re Reg. p. 61. In Apolog. Much less things indifferent Dyer 23.148 Vide Preface to the Liturgy and touching Ceremonies The example of our Saviour in his Instituting his last Supper Deut. 12.11 Rosin Rom. Antiq. l. 5. c. 27. Lipsii Saturn lib. 1. c. 6. Mat. 26.23 John 13.26 Mat. 10 4. Least of all injury John 18.11 Acts 25.5 Exod. 12.37 1 Sam. 22.2 1 Kings 19.18 1 Sam. 19.4 Jer. 38.9 Esther 7.3 If any ground were to be admitted that would never be wanting Semido in Hisâ— of China 2 Kings 8.13 It was to be done piece-meal The Kings necessities to be supply'd with complaints Rushworth's Coll. fol. 40.183.402.656 Plots discover'd Fears and Jealousies promoted Sir Will. Dugd. Short View c. from fol. 67. to fol. 124. Octob. 6.1642 Religion cants its part 2 Sam. 15.11 Leading men to make it Law and Gospel The examples of Corah c. Numb 16.3 1 Kings 1.19 The same Game playing over again 2 Kings 18 2â— Prognostications c. Hudibras The ill consequence of such impressions Matth. 13.25 Acts 17.21 Ovid. Met. Barkeley Argen l. 3. Psal. 65.7 The examples of Jack Cade and others 4 Rich. 2. Vide The History written by a noble Neapolitan Holy League in France Comb. Britt 509. Lord Bacon â— Essaya 78. Solemn League and Covenant at home New Trains to the old Fuel Psal. 90.6 22 Car. â— Our Saviours advice to his Disciples Mark 8.15 Acts 26.5 Luke 18.11 12. Mat. 23.27 What the Pharisees were Luke 12.1 Josephus Antiq l. 17. c. 3. Godw. Jewish Antiq. 40 41. Mat 25.5.23 24 25 26. Made applicable to our selves The end to be consider'd in all things The advantage propos'd in Excluding his Royal Highness Wherein is at Act for security of Religion less than a Bill of Exclusion Object â—ol The moral Impossibility of introducing the Romish Religion tho the Prince were a Romanist himself The reason why the Kingdom follow'd Edw. 6's Reformation Queen Maries going back Sâ—at 1.2 Ph. and Mary c. 8. Queen Eliz. return to it That the case cannot be the same at this day John 11.48 The Crown of England an old Entail Aphorism The danger of Innovations Object But such things have been done Sol. â—o has a King been murdered More particularly answered in E. 4. Qu. Mary and Qu. Eliz. all excluded by Parliament yet came to the Crown 28 H. 8. c. 7. No man changes but in hopes of better Jer. 2.11 Prov. 17.14 The advantages of continuing as we are Pretenders barr'd Annal. 1. Disorders avoided Vide Case of Tanistry in Sir J. Davis's Irish Reports f. 29. No new Family to be provided for The indignity of a repulse avoided Suppose Scotland and Ireland should be of another opinion Virgil. Act of Scotland for asserting the Succession of that Crown 1681. Ovid Met. All occasions of jealousie taken off Object Sol. Gen. 6.12 Disadvantages that have attended the laying by the right Heir Revolt of the 10 Tribes At home Our loss of France Lucan 25 H. 8.22 Matth. 7.12 Plutarch in vita Lycur John 12.6 Luke 10.7 Prov. 3.27 Lord Chancellors Speech to the Parliament at Oxon 10. Octob. 65. Oliver Jones Esq second Justice of his Majesties chief place in Ireland Gen. 16.9 Luke 10.37 1 Sam. 26. ◠〈◊〉 l. 3.