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A44227 Vindiciæ Carolinæ, or, A defence of Eikon basilikē, the portraicture of His Sacred Majesty in his solitudes and sufferings in reply to a book intituled Eikonoklastes, written by Mr. Milton, and lately re-printed at Amsterdam. Hollingworth, Richard, 1639?-1701.; Wilson, John, 1626-1696. 1692 (1692) Wing H2505; ESTC R13578 84,704 160

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what the Memorandum further says That King Charles the Second and the Duke of York did assure him it was none of the said King 's compiling c. An Earl it is said wrote it and I dispute it not but this I say That neither the King nor the Duke could speak it of their own knowledge but as by report from others because the King then Prince of Wales from his Expedition into the West with General Ruthien from whence he went off to France could not have seen His Father in near four Years before His death and therefore it seems improbable that the King should have shewn him a Letter To the Prince of Wales and at the same time told him it was not of his own compiling when yet the Letter says Id. I●●n 221. Son if these Papers come to your hands c. and concludes Farewel till we meet if not on Earth yet in Heaven And if the King did not tell him so then what he assured the Earl could not be of his own knowledge And for the Duke of York he was under Thirteen at the Surrender of Oxford from whence he was brought to St. James's where he made his Escape for Dort so that except when he saw his Royal Father at Hampton-Court which could not be often he could not have seen him in two Years and an half before his Death Nor seems it probable that the King should communicate his Thoughts with a Person of those Years albeit a Prince and his Son but not his next Heir But on the contrary more probable for both that what they so spake was but by report which young Princes are but too apt to take up from those who to cover their own Ignorance perswade them it smells too strong of the Pedant for a King to take up a Pen when yet the greatest of former Ages are oftner remmembred by their Pens than their Swords Caesar yet lives in his Commentaries M. Aurelius in his Philosophy and we may read Trajan by his Epistles to Pliny But to come nearer home Our Henry the first is as well known by the Name of Beauclerke as of King of England Henry the Eighth's Pen not his Sword gave him the Title of Defender of the Faith And this the Royal Portraict of our murther'd Sovereign shall outlast every thing but it self and Time Lastly And if there yet want some living credible Testimony of that time or matter of Record since Sir William Dugdate an indefatigable Searcher of our English Antiquities and perfect Master of the Transactions of his own Time gives us this gradual account viz. That these Meditations had been begun by His Majesty in Oxford long before he went from Oxford to the Scots under the Title of Suspiria Regalia That the Manuscript it self written with his own Hand being lost at Naseby was restored to him at Hampton-Court by Major Huntington who had obtain'd it from Fairfax That Mr. Thomas Herbert who waited on His Majesty in his Bed-Chamber in the Isle of Wight and Mr. William Levett a Page of the Back-stairs frequently saw it there and not only read several parts of it but saw the King divers times writing farther on it And that that very Copy was by his Majesty's direction to Bishop Duppa sent to Mr. R. Royston a Bookseller at the Angel in Ivy-Lane the 23d of December 1648. who made such Expedition that the Impression was finish'd before that dismal 30th of January on which the King was bereft of his Life As may be better read from himself Sir W. Dugd●●●'s Short View c. p. 380 381. in his Short View of the late Troubles in England And this further I speak of my own Knowledge That the very next Morning after that horrid Act I saw one of them and read part of it under the Title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which it now bears And for matter of Record and that the World may the more undeniably be convinc'd that both King Charles the Second and King James the Second did believe this Book was written by their Royal Father let him that doubts it but look upon Reliquiae Sacrae Carolinae Printed it the Year 1662 or any Impression of this Book since that time and he will find prefix'd to them a Privilege or Patent of King Charl● the Second to the said Mr. Royston his Executors c. for the sole Printing and Publishing the Book intituled Reliquiae c. and all other the Works of his said Royal Father and mo● especially mentions these most excellent Meditation and Soliioquies by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And it so happening that most of that Impression in 1662. coming to be lost in the Fire of London whereby the Book became very dear an● scarce to be had King James the Second upon his coming to the Crown reciting those former Letters Patent grants him the like Privilege for the Printing and Publishing the said Book as it had been in the Year 1662. And now what shall an honest Man do in such a Case s●a● he give Credit to a bare Memorandum of what another said and as 't is most probable by report only or say the Circumstances before were not of weight to two Records For my part I take the King's Certificate to be of high nature yet I should hardly believe th● King himself against any one single Record against which the Law of England admits no Averrment and therefore I think no Man ought to make more of a Posthumous Memorandum than what the Law makes of it In a word these Pathetick Meditations no sooner came abroad than the Nation was undeceiv'd concerning the Author the Scales were fallen from their Eyes and they religiously look'd on Him whom in the simplicity of their Hearts they had pierced These our Pharisees saw and confest it themselves but said they if we let it alone the Romans will come and take away our City And therefore finding they could not suppress them they made it their Eusiness what in them lay to blot them Nay to that impudence they were arrived that and I saw it my self this Icon was exposed to Sale bound up with the Alcoran III. What end I proposed to my self in making this Reply And that 's easily shown nor is it forbidden any Man to burn Incense where the Air 's infected That this Royal Martyr has been calumniated is but too visible but how justly I am coming to examine In which I have this advantage to my hand That Time the Mother of Truth has justified her Daughter concerning Him and might have stopt the Rancour of his most inveterate Enemies but that nothing how evident soever can affect those that have a secret against blushing To be short my end is to vindicate this Good this Just however Unfortunate Prince to blow off that Froth that has been thrown on his Memory and according to my strength deliver him to the World as he was A great if not the only steddy
His Majesty says He hop'd by his Freedom and their Moderation to prevent Mis understandings See how Spider-like he draws Poison from what the Be● would have suck'd Honey And wherefore saith he not by their Freedom and his Moderation But Freedom he thought too high a Word for them and Moderation too mean a Word for him Insolence and if this as it seems to be were the early Moderation of his Masters I the less wonder how they broke down that Wall which at once adorn'd and defended their way However for reply to it the Kingdom was fallen into a Distemper that required a Cordia● more than a Corrosive somewhat to cool not heighten the Fever And if His Majesty did not contribute his part to it let any Man judge When besides his granting The Petition of Right of which before he denied this Parliament nothing they had the confidence to ask him Witness his passing the Bill for a Triennial Parliament Vid. Scobel's Collection of Acts and Ordinances from 1640. and the Statutes at large 16 and 17 Car. 1. For the continuance of this Parliament during the Pleasure of both Houses than which what more could they have demanded but the Kingdom also For the raising Moneys for the disbanding of the Armies of England and Scotland It was but a modest disarming the King and for the Scots they wanted not the Bait to get them together again The taking away the several Courts of the Star-chamber the Presidencies of Wales and the North Dutchy of Lancaster and the Exchequer of the County Palatine of Chester The High Commission and Oath Ex Officio Limiting the Stannary Courts Setting Bounds to Forests The Bill against Ship-Money And what our Answerer calls compulsive Knighthoods Add to this his Consent to a Bill for Two Hundred and Twenty Thousand Pounds for the Supply of the Occasions of our Brethren of Scotland For pressing Soldiers for Ireland Borrowing Four Hundred Thousand Pounds for the necessary defence and great affairs of England and Ireland And another for the encouragement of Adventurers for Ireland So that in effect there remain'd little more for them to ask or His Majesty to grant And now to use the Parable of the Prophet touching his Vineyard Isa 1. v. 1. to v. 8. A Vineyard in a very fruitful Soil He fenced it and gathered out the Stones thereof and planted it with the choicest Vine c. And he looked that it should bring forth Grapes and it brought forth Wild Grapes Judge I pray between the King and his Vineyard the Kingdom What could have been done more to it tha● he had not done in it And he look'd fo● Judgment but behold Oppression for Righteousness but behold a Cry Judge I say between the King and them when they had no sooner gotten an Army an● Money together and that for the reducement 〈◊〉 Ireland Vid. His Majesty's Answer to their Irish Papers as was pretended than they drove th● King from While hall by Tumults and fought hi● at Edge-Hill with those individual Forces They tax'd the King of illegal exactions an● grievances which he readily redressed We● see now how they mended it themselves Shi● Money which was about Ten Shillings a Month out of a Thousand Pounds a Year was a grea● Burthen to the Country and the King took it of They set up the Excise in the room of it whic● was Two Hundred Thousand and Ninety fi●● Pounds for one Year besides Eight Thousand Sixty three Pounds paid in the Country to th● Army The Country groan'd under Coat a●● Conduct-Money See more of this chap. 13.15 They brought in an Army o● One and Twenty Thousand Scots instead o● ' em The King granted that Right be don● They secur'd Property in Sequestring Mens Estates In a word the Court went awa● in the City's Debt They made an Ordinanc● for the Publick Faith of the Kingdom for the repayment of publick Debts that is such Moneys as they had borrow'd for the carrying o● of their Rebellion And for fear the King lightning their Burthens should make the People grow wanton they began with an Asses●ment for the twentieth part of their Estates and all this too for the Ease of the Nation And lastly to consider what return they made him Quis talia fando Temperet They first stripp'd him of his Royal Authority and having dealt with the Monarchy it self like Gold-beaters beaten it so thin that there remain'd no more of the Substance than the empty appearance They accuse him in the name of all the Commons of England in which case how could any of them be as Witness when they were both Accusers and Judges Try him with a ridiculous Pageantry that had neither Equal nor Superiour in his Realm Traiterously sentence him and as ignominiously murther him before his own Palace And to fill up the measure of their Wickedness abolish Kingly Government and proscribe his Posterity And so judge also whoever he be that reads me whether they deserv'd not what the Prophet says he will do to his Vineyard I will take away the hedge thereof and it shall be eaten up and break down the Wall thereof and it shall be trodden down I will lay it waste it shall not be pruned nor digged but there shall come up Briars and Thorns I will also command the Clouds that they rain no Rain upon it But to return to our Answerer The King in his wonted Sincerity says The Odium and Offences which some Mens rigour or remissness in Church and State had contracted upon his Government he resolved to have expiated with better Laws and Regulations A healing Proposition one would have thought and a fair step to an Accommodation A King said it nor is it for Princes that they should Lye and therefore could not but be credited by every Honest Man for he that is Vertuous himself believes the same of another But this Answerer according to the fullness of his Heart vomits out these and the like Expressions And yet saith he the work of Misdemeanours committed by the worst of all his Favourites he hath from time to time continued owned and taken upon himself by publick Declarations as often as any of his Instruments felt themselve● over-burthen'd with the Peoples Hatred And ye as publick as they are he instances not in any one Particular by which to have examin'd it A Favourite is the same to a King that a Friend is to a Private Man he may unburthen himself to him and it is not the Crowd but agreement makes the Company Nor are all Men of like Merit more than they are of Face and therefore if a King say Euge bone Serve must our Answerer's Eye be evil because the King 's is good But the point lies not there They are not piqu'd that the King might have Favourites but that themselves are not those Favourites and consequently wanting Vertue in themselves not only envy it in others but strike at the Prince through the Sides
of a King A King of England of whose Predecessors the Parliament of England had declar'd That they could not assent to any thing that tended to the dis-inherison of the King and his Crown Sir Ed. Coke 4 Inst 14. whereunto they were Sworn But what could the wisest of Men say to it when the Parliament and the Rabble were both of a side And whether they were so or not witness those Tumultuary Routs from the Men of Essex Colchester Devon Somerset Middlesex Hartford Sir W Dagdale's Short View Fol. ●5 London Apprentices Seamen nay the very Women and all for putting the Kingdom into a Posture c On which follow'd those several Associations for suppressing the Popish Malignant Party though in truth it was to pursue the King with all vehemence Id. Dagd 113. for such are the Words of Essex's Letter to the Houses near that time Nor were the Black Cloaks less wanting to their Parts they could blow the Bellows well enough tho' they car'd not how little they wrought at the Forge And therefore seeing the Reverence of his Government was lost with the People and the Great Ones moving at another rate quam ut Imperantium meminissent 〈◊〉 As it was no less than time for His Majesty to retire and pray for fair Weather so our Answerer instead of snarling and catching at his Words might have suffer'd him to depart in Peace But to go on with him I am saith the King not further bound to agree with the Votes of both Houses than I see them agree with the Will of God my Rights as a King and the general good of my People And better for me to die enjoying this Empire of my Soul which subjects me only to God than live with the Title of a King if it carry such a Vassallage with it as not to suffer me to use my Reason and Conscience in which I declare as a King to like or dislike An use of Reason saith our Answerer If he thereby means his Negative Voice most reasonless and unconscionable and the utmost that any Tyrant ever pretended over his Vassals For if the King be only set up to execute the Law which is indeed the highest of his Office he can no more reject a Law offer'd him by the Common than he can new-make a Law which they reject And yet as reasonless and unconscionable as he pretends to make it this Negative Voice is and ever has been the undoubted Right of the Kings of England For besides what I had the occasion to speak to this matter before it is no Statute if the King assent not to it Because if it were all those Bills that have passed both Houses and for want of the Royal Assent lie buried in Oblivion might as occasion serv'd be trump'd up for Laws And if he may dis-assent it is a sufficient Proof of this Negative Voice and that he may refuse or ratifie as he sees cause And withal shews where this Legislation lies though the use of it be restrained to the consent of both Houses whose Rogation which is exclusive of all co-ordinate Power preceeds the Kings Ratification Then for his if the King be only set up c. If this if be false his whole matter falls with it And that it is so I thus prove it The Parliament-Roll 1 Edw. I. n. 8. says That upon the decease of King Richard the Second 9 Edw. 4. Fol. ● 6 the Crown by Law Custom and Conscience descended and belonged to Edmund Earl of March under whom King Edward the Fourth claimed And Henry the Fourth who had usurp'd upon King Richard the Second makes no other Title but as Inheritor to King Henry the Third Sir J. Hayward's 1st year of ●●n 4. So the Parliament of the first of King James the First Recognize as say they we are bound by the Law of God and Man the Realm of England and the Imperial Crown thereof doth belong to him by Inherent Birthright and lawful and undoubted Succession The same also for Queen Elizabeth 1 Eliz ● 1. as to her Which shews that Kings are neither set up by the People nor have the Titles to their Crowns from the two Houses but by Inherent Birthright Which needs no setting up And so I think what depends upon this if sinks with it though I shall have a further occasion to speak to it in his next Paragraph And here he taxes the King for saying He thinks not the Majesty of the Crown of England to be bound by any Coronation Oath in a blind and brutish formality to consent to whatever its Subjects in Parliament shall require But where does the Law of England say the King is so bound Tho' yet out Answerer is pleas'd to say What Tyrant could presume to say more when he meant to ki●● down all Law Government and Bond of Oath Least considering what his Majesty subjoyns viz. I think my Oath fully discharg'd is that Point by my Governing only by such Laws as my People with the House of Peers have chosen and my self consented to Nor did the Coronation Promise See the Oath in every Hist of his Reign or Oath oblige him to more than To hold and keep the Laws and rightful Customs which the Commonalty of this his Kingdom have and to defend and uphold them to the Honour of God so much as in him lay Whereas had there been any Obligation upon him to have consented to whatever the Parliament shall require it is not to be doubted but it would have been expressed in the Oath as it is not And yet our Answerer less doubts to say That that Negative Voice to deny the passing of any Law which the Commons chuse is both against the Oath of his Coronation and his Kingly Office in that he makes himself Superiour to his whole Kingdom which our standing Laws gainsay as hath been cited to him in Remonstrances That the King hath two Superiors the Law and his Court of Parliament An excellent Proof in the mean time But we 'll examine it a little The Common-Law saith Omnis sub Rege Sir E. Coke 1 Inst 1. c. Every Man is under the King and he under none but God And to the same purpose Bracton Lib. ● Ed. 55. 2 Inst 496. from whom he quotes it His Prerogative is a part of the Law of the Land All offences are said to be against the Peace of our Sovereign Lord the King c. The Laws of England are call'd the King's Laws The Parliament as is confess'd to my hand his Parliament And therein also the King is sole Judge 22 Ed III. 3. the rest but Advisers His is the power of Calling Proroguing and Dissolving them 4 Inst 46. Id. Inst 3. And by his Death they are dissolv'd of course And why all this but that the King is Principium Caput c. The beginning the head and end of a Parliament As he is also the Head of
That all Kings are the Lord 's Anointed it were yet absurd to think that the Anointment of God should be as it were a Charm against Law I know not what he means by that all Kings Saul was David was and particularly laments the fall of Saul As if he had not been anointed with Oil. 2 Sam. 1.11 And I never found any reason to doubt but that all Christian Hereditary Kings are the same too and consequently exempt from the Law forasmuch as concerneth the coactive force of the Law though not forasmuch as concerneth the directive Power of the Law Lord ●le●me●'s post ●●ti 106. Subjects are bound to fullfil the Law by necessity of Compulsion but the Prince only by his own Will in regard of the common good For seeing the Law is but a kind of Organ or Instrument of the Power that governeth Hist of the World 29● it seems saith Sir Walter Rawleigh that it cannot extend it self to bind any one whom no humane power can controul or lay hold of And therefore till I find better Authority for this his Iustice than he has yet given I shall look upon it as I do on the rest of his Book a thing meerly stuffed out to deceive the People If Subjects also by the Law of the Church so much approv'd by this King be invested with a Power of Judicature both without and against their King it will be firm and valid against him though pretending and by them acknowledg'd next and immediately under Christ Supream Head and Governour But what King or Queen of England besides Henry the Eighth Edward the Sixth and Queen Mary for her two first Years ever us'd that word Head Or in what Age was it that the Church of England ever pretended a power of Judicature both without and against their Kings He says if they are invested with such a Power but shews not that they are and instead thereof tells us that St. Ambrose excommunicated Theodosius the Emperour which he calls a Spiritual putting to death The like did St. German by Vortiger And two other Kings of Wales excommunicated by their respective Bishops Subjects of those Kings And admitting it I never heard that any of those Bishops ever perswaded the People that it was lawful to Murther those Kings or how does it make out this his Iustice against the King 'T is a shrewd sign a Man is sinking when he takes hold of Twigs Then he comes up with the particular Laws and Acts of Greece Athens Sparta Rome c. But what 's that to England must we be govern'd as they were Their Laws were for it the Laws of England directly against it Nor is there any Country whatever but has its particular Laws or Customs If a Man steal an Oxe or a Horse in the Isle of Man it is no Felony 4 Inst 285. for having no Woods the Offender cannot hide them but if he steal a Capon or a Pig he shall be hang'd for it But what need we saith he search after the Laws of other Lands for what is so fully and so plainly set down lawful in our own Where antient Books tell us Bracton Fleta and others that the King is under the Law and inferiour to his Parliament As for Bracton the Words that he means may be perhaps these Rex habet Superiorem Deum scilicet Item Legem per quam factus est Rex Item curiam suam viz. Comites Barones The King hath a Superiour to wit God But doth not say Superiours in the Plural Number Also a Law by which he is made King i. e. He hath a Law but says not a word of Punishment Also his Court to wit his Earls and Barons Not a Court as if it were of some others Constitution but a Court of his own Where the word habet in Propriety of Latin is necessarily understood 1 Inst 1. Or otherwise he would be contradictory to himself when he saith Omnis sub Rege Bra. l. 4. c. 24. S. 5. c. Every Man is under the King and he is under none but God He is not inferiour to his Subjects and hath no Peer in his Realm But saith no where that he is under the Law and inferiour to his Parliament which word his sufficiently denotes where the Superiority lies And for Fleta he saith Lib. 1. c. 17. f. 16. None can judge in Temporal Matters but only the King and his Substitutes Id. F. 66. And he hath his Court in his Council in his Parliaments c. And for the Mirrour of Justice a Book written in Edward the First 's time that says Mir● 232. Jurisdiction is the chief Dignity that appertains to the King And for what concerns the King's Oath it has been several times altered since that And what this King's Oath was I have particularly shewn before Chap. 6 Those objected Oaths of Allegiance and Supremacy we swore not to his Person but as it was invested with his Authority The same said the Spencers in Edward the Second's time but it was condemned for Treason by two Acts of Parliament 7 Coke 11 12. And Sir Edw. Coke calls it a damnable detestable and execrable Treason For Corps natural le Roy politique sont un Corps Plowd 213.234.242 and are inseparable and indivisible for both make but one King 4 Inst 46. The death of the King dissolve● a Parliament Now if this referr'd only to his politick Capacity the Parliament would continue after his Death because a Body Politick never dies And now as the Covenant once help'd the Houses at a dead lift it must do our Accuser the like Job at parting or this his Iustice will be little beholding to it Certainly no discreet Person can imagine it should bind us to him in any stricter Sense than those Oaths formerly And truly I must approve him when he deals ingenuously no certainly it did not for they broke all three The intent of the Covenant as it was to extirpate Prelacy to preserve the Rights of Parliament and the Liberties of the Kingdom so they intended so far as it might consist with these to preserve the King's Person and Authority but not otherwise for that had been to swear us into Labirynths and Repugnancies We vow'd farther to bring Delinquents to open Tryal and condign Punishment So that to have done so by the King hath not broke the Covenant but it would have broke the Covenant to have sav'd him the chief Actor as they thought him at the time of taking that Covenant Ye have heard what he says and I leave it to every Man to apply it as he pleases But because this matter has already taken up a whole Chapter between us I referr my Reader to what I have there said Chap. 14 And now to close all and if there be any Man has a Mind to learn how to break Oaths by Providence and forswear himself to the Glory of God To say Grace to the action be it never so ungodly and give Thanks for the Success be it never so wicked To carry on a Design under the name of Publick Good and make the slavery of a Nation the liberty of the People Or in a word to hold forth any useful though notorious Untruth with convenient Obstinacy until he believes it himself and so renders it no Sin let him read this Book of Mr. Milton's and if he does not improve upon it he may thank God for it FINIS
Alij diutius Imperium tenuerunt nemo tam fortiter reliquit Tacit. Histor Lib. 2. c. 47. p. 417 VINDICIAE CAROLINAE OR A DEFENCE OF ἘΙΚΩΝ ΒΑΣΙΛΙΚΗ THE Portraicture of his Sacred Majesty in his Solitudes and Sufferings IN REPLY To a BOOK Intituled ἘΙΚΟΝΟΚΛΑΣΤΗΣ Written by Mr. Milton and lately Re-printed at Amsterdam Vere magnum habere fragilitatem hominis securitatem Dei Seneca London Printed by J. L. for Luke Meredith at the Angel in Amen-Corner MDCXCII THE PREFACE OUR Author has forespoken his Reader with a long Preface and Custom has so obtain'd that not to take notice of it were to allow it for Truth yet as long soever as it is I may be the shorter in mine in regard there are some things we shall not much differ about As when he begins to discant on the Misfortunes of a Person fallen from so high a Dignity who has also paid his final Debt both to Nature and his Faults is not of it self a thing commendable And I come so near him that I deem it in no wise commendable much less to defend a Party by whose Injustice he fell For Revenge and Envy stop at the Grave and however our Lives are at the Mercy of others even Fortune herself has no Dominion over the Dead But when he says And his Faults and that it is not the intention of his Discourse I referr my Reader to this of mine wherein from the Ordinances of that time and the Law of the Land I have I hope acquitted the King and for the other whatever his intention might be prov'd his Book contrary to what he gives out here He further supposes it no Injury to the Dead but a good Deed rather to the Living to better inform them by remembring them the Truth of what they themselves know to be mis-affirm'd And I agree with him for if a Man may not make the Blind to go out of his way there is this Charity due to a Short-sighted Multitude to point them at least where they first went astray and by bringing them back to the old Paths both shew them how they lost their Way and set them right for the future Yet agree as we will we must part at last for instead of not discanting on the Misfortunes of his murther'd Sovereign and of better informing the People of what he slily insinuates themselves know to be mis-affirm'd by the King the whole drift of his Book is to blast the one and spread a Mist before the other whereas mine is to vindicate the King and what in me lies to clear the Air of that Pestilent Vapour In the mean time and until I come to it I shall briefly consider the matter of his Preface and the manner of putting it together As to the former it is an abstract of his Book written in Scandal to the King's Book and himself And saith he for their Sakes who thro' Custom Simplicity or want of better Teaching have not more seriously consider'd Kings than in the gaudy name of Majesty in behalf of Liberty and the Commonwealth That is to say Licentiousness and Democracy words altogether foreign to the English whose Constitutions know nothing but an Hereditary Imperial Monarchy recognizing no Superiour under God but only the King unto whom both Spiritualty and Temporalty are bound and owe a Natural Obedience Unto which his Notions are directly contrary for if the Soveraignty lay in the People the King were not Supream but himself subject to that Power which is transcendent to his as appertaining to them and then the State of England were Democratical if it lay in the Nobles then were it Aristocratical or if in either or all of them it were in no wise Monarchical which both the Common-Law and Statute-Law of England have ever declar'd this Kingdom to be as shall be shewn in its proper place And yet he doubts not to impose upon his Reader That the People heretofore were wont to repute for Saints those faithful and couragious Barons as he calls them who lost their Lives in the Field making glorious War against Tyrants for the common Liberty As Simon de Monfort Earl of Leicester against Henry the Third Thomas Plantagenet Earl of Lancaster against Edward the Second And truly Siqua est ea Gloria England wants not wherein to Glory though I think neither of these comes under his Character For the first of them a Frenchman by Extraction ran into open Rebellion against Henry the Third whose Sister he had first vitiated then Married Took the King Prisoner and carried him about in the Army as Cromwell did this King and made him own all his the Earl's Actions as the Parliament but ineffectually endeavour'd it also and was at last slain in actual Rebellion at the Battle of Evesham by the Prince our English Justinian the Man who by rescuing oppress'd Laws taught the Crown of England not to serve and first deliver'd it from the Wardship of the Barons These Barons the Descendants of those where the Devil in the Father turn'd Monk in the Son for being conscious to themselves that whatever they had whether of Honour or Possessions had been commenc'd in Conquest and Rapine what better way of securing both than by siding with the People who had by this time forgotten they were the Posterity of those who had beggar'd their Ancestors And for the other of Lancaster he also was taken in a like Rebellion against Edward the Second and being thereof Convicted was Beheaded at Pomfrect nor other than Rebellion do I find any Remark of him but that his Name was Plantagenet and the Mobb call'd him King Arthur And therefore the most that can be said of them is what Aaron of his Calf These be thy Gods O Israel And having laid this Foundation for Matter who could expect his manner of doing it should be better more than that Grapes may be gathered of Thorns or Figs of Thistles Nor has he in the least deceiv'd me in it when though there 's a decency of Language due to the meanest of Men and Mankind insults not over a Slave in Misery yet neither in his Preface or his whole Book do●s he ever mention the King or his ●ctions without that irreverence as would put a modest Man to the Blush in reading it What the particular Expressions are I forbear to mention them where I may possibly avoid it and referr the Reader to them as they every where occur lest otherwise I be like him that pretends to answer a Seditious Book and Prints that with his answer that it may be remembred cum Privilegio However this from the whole though the Scripture calls Princes Gods that Prince is yet to be born whose some action or other did not confess Humanity and require Candour Moses was King among the Righteous and David a Man after God's own Heart and yet it cannot be said of either of them In nullo erratum est And therefore instead of raking the Graves of Princes we
the Commonwealth And of the Law 1 Inst 73. Id. Inst 99. which he is presum'd to carry in Scrinio pectoris sui And then for the Statute-Law besides those Statutes that call the Kingdom the Kings Ligeance 27 Ed. 3. c. 1. 10 11. R. 2. c. 1. 25. H. 8. c. 3. the King Liege Lord the People his Leige Men it is further declared 16 R. 2. c. 5. That the Crown of England hath been ever so free that it is in no Earthly Subjection but subject to God in all things touching the Regality of the same Crown and to none other So that of Henry the Eighth which says That by sundry old Authentick Histories and Chronicles it is manifestly declar'd and expressed that this Realm of England is an Empire govern'd by one Supream Head and King 24 H. 8. c. 12. unto whom both Spiritualty and Temporalty are bound and owen to bear next to God a natural and humble Obedience And in another of the same King 25 H. 8. c. 21. the Crown of England is called An Imperial Crown recognizing no Superiour under God but only your Grace i. e. the King Which Statutes being declaratory Statutes as others of that kind made in affirmance of the Common-Law are a guide in praeteritis 2 Inst 308. as saith Sir Edw. Coke and shew us what the Law as before the making of those Statutes Which I the rather urge because our Answerer makes such a sputter about the old Law though as well here as generally throughout his Book he has an odd way with him of keeping it to himself However if this be to have a Superiour be the Superiour he that will and keep it without Envy And for what concerns me I hope I have prov'd that the King of England has no Superiour but God and that neither the Law nor his Coronation-Oath require his undeniable Assent to what Laws the Parliament agree upon but that he may well refuse them without the Imputation of Incomparable Arrogance a●●Vnsufferable Tyranny as he is pleas'd to term it One thing I had forgot Suppose the King had never been Crown'd by which means he could not have taken the Coronation Oath was he the less King for that I should think not And if I am mistaken 3 Inst 7. Sir Edw. Coke was mistaken before me when he says The King i● King before Coronation So 7 Coke Calvin's Case and Coronation is but an Ornament or Solemnity of Honour Which in other Words may amount to this That he promises no more at that time that what he was morally pre-oblig'd to do viz. To discharge that Duty honourably which the Laws of God and Nature had requir'd of him without that Royal Promise CHAP. VII Vpon the Queen's Departure and Absence out of England AND truly this Chapter being but a kind of Re-capitulation of the mutual Endearments between the King and his Queen whose Sympathy with his Afflictions had assur'd him and might the World that she lov'd him and not his Fortunes might one would think if not for the King 's have for her own sake escap'd his Venom but poor Lady she was the King's Wife and Malice like Fear where it finds no real Object will be sure to create one And truly it was once in my Thoughts to have spoken more at large to it and had done it but that I fear'd even Truth it self might incurr the suspicion of Flattery What my end was in making this Reply I have already shewn it was to vindicate that good King from this ill Man's Calumnies and the Method I have taken in it has been from the History of that time and the Prior Law of the Land as it came in my way and therefore not to break that Method as I find him hereafter running wide of that Matter I shall purposely leave him as I do at present CHAP. VIII Vpon His Majesty's repulse at Hull and the Fates of the Hothams THIS my repulse at Hull saith the King was the first overt Essay to be made how patiently I could bear the loss of my Kingdoms The hand of that Cloud which was soon after to over-spread the whole Kingdom and cast all into disorder and darkness Which how Prophetically true it was the miserable effects of it both before and since the Restauration have too visibly spoken it And yet our Answerer thus slubbers it over That Hull a Town of great Strength and Opportunity both to Sea and Land Affairs was at that time the Magazine of all those Arms which the King had bought against the Scots The King had left the Parliament and was gone Northward The Queen into Holland where she pawn'd and set to Sale the Crown Jewels a Crime heretofore counted Treasonable in Kings and to what purpose the Parliament was not ignorant and timely sent Sir John Hotham Knight of that County to take Hull into his Custody and some of the Train'd-bands to his Assistance and seeing the King's Drift in raising a Guard for his Person send him a Petition that they might have leave to remove the Magazine of Hull to the Tower of London which the King denies and soon after goes to Hull with Four Hundred Horse and requires the Governour to deliver him up the Town whereof the Governour prays to be excused till he could send notice to the Parliament who had entrusted him and the King being incens'd at it Proclaims him a Traytor before the Town Walls and demands Justice of them as upon a Traytor who declare that Sir John Hotham had done no more than his Duty and therefore was no Traytor And this is the Substance of his 57. 58. 59 Pages How and by their own Authority which was none the Houses had rais'd an Army and made Essex General I have already shewn and though the King had not yet set up his Standard he knew he had a Magazine at Hull which might either help to defend himself or certainly annoy him if it fell into his Enemies Hands and therefore in order to a Self-Preservation takes a Journey to York where the Parliament had been before him with a Committee then lying there as Spies upon his Actions However upon Petition of that County to have the Magazine of Hull to remain there for the greater Security of the Northern Parts His Majesty thought fit to take it into his own Hands and appointed the Earl afterwards Duke of Newcastle to be Governour of Hull but the Townsmen had been so influenc'd by that Committee that they refused the Earl The Queen also had borrow'd some Moneys of the Hollanders upon the Crown Jewels a Crime heretofore counted treasonable in Kings but not a word of when or by what Law not in the least considering the Crown it self was the King's or how the King of England could commit Treason against himself The Houses during this time wanting no Intelligence from their Committee nick the Opportunity and send down Sir John Hotham who was receiv'd as