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A33923 VindiciƦ juris regii, or Remarques upon a paper, entitled, An enquiry into the measures of submission to the supream authority Collier, Jeremy, 1650-1726. 1689 (1689) Wing C5267; ESTC R21083 43,531 52

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Enquirers Concessions Thirdly From a considerable Instance in our own Government First From the common Notion of a Trust For what is more generally understood by trusting another than that we lodge our concerns with him and put them out of our own disposal When I trust a Man with my Life or Fortune all People agree that I put it in his Power to deprive me of both For to deliver any Property to another with a Power of Revocation is to trust him as we say no farther than we can throw him He that can recover a Sum of Money he has deposited when he pleases to speak properly has it still in his Custody and trusts his Friend no more than he does his own Coffers And therefore if we consult our thoughts we shall find that a Trust naturally implies an entire reliance upon the Conduct and Integrity of another which makes us resign up our Liberty or Estate to his Management imagining them safer in his Hands than in our own In short a Trust where there is no third Person to judg of the performance as in these Pacts between Subjects and Soveraign there is not In this case a Trust includes a Translation of Right and in respect of the Irrevocableness of it is of the Nature of a Gift so that there seems to be only this difference between them that a Gift ought to respect the Benefit of the Receiver whereas a Trust is generally made for the Advantage of him who conveys it Secondly By our Author 's own Concessions a Trustee is sometimes unaccountable for he grants a Man may Sell himself to be a Slave p. 1. And when he has once put himself into this condition his Master has an Absolute Soveraignty over him and an indefeasable right to his service so that notwithstanding all the unreasonable Usage he may meet with he can never come into his Freedom again without the consent of his Lord. This I take to be an uncontested Truth and if it was not St. Peter's Authority ought to over-rule the dispute Who charges those who were in this state of servitude to be subject to their Masters with all fear not only to the good and gentle but also to the froward 1 Ep. 2. 18. Thirdly I shall prove the unaccountableness of a Trust from a considerable Instance in our own Government The House of Commons V. g. are certainly Trustees for the Towns and Counties who choose them the People resign up the disposal of their Rights and Properties into their Hands in hopes of a good management But suppose they prevaricate in their Employment and betray their Electors does this Impower the People to lay their Representatives by the heels when they come into the Country or to punish them farther as their Wisdoms shall think convenient If so then the last resort of Justice must lie in the Sovereign Multitude who have neither capacity to understand the reasons of Government nor temper and tenderness to manage it 'T is pitty the Mobile in Henry the 6th his Reign had not this discovery when the Right of choosing Members was limitted to Forty Shillings per Annum Free-hold whereas before all Tenures if not all Persons had the liberty to elect without exception but this Act in all likelihood barr'd no less then a Fifth of the Nation from this principal Post in the Government And if Columbus had not given them a lift by finding out the West-Indies and abating the value of Money their Grievance had continued to this day as heavy as ever We see therefore that the Author's Notion of a Trust will not hold Water and if it would it can do him no Service for I shall prove in the Second place that the Kings of England hold their Crown by Right of Conquest and Succession and consequently are no Trustees of the People I shall begin with the Point of Succession which because it's generally received I shall only mention an Act of Parliament or Two for the proof of it In the first of Edward the Fourth Rot. Parl. where the Proceedings against Richard the Second are repealed it 's said That Henry Earl of Derby afterwards Henry the Fourth Temerously against RightWiseness and Iustice by Force and Arms against his Faith and Ligeance rered Werre at Flint in Wales against King Richard the Second Him took and Imprisoned in the Tower of London in great Violence and Usurped and Intruded upon the Royal Power Estate and Dignity And a little after they add That the Commons being of this present Parliament having sufficient and evident knowledge of the said Unright-wise Usurpation and Intrusion by the said Henry late Earl of Derby upon the said Crown of England knowing also certainly without doubt and ambiguity the Right and Title of our said Soveraign Lord thereunto true and that by God's Law Man's Law and the Law of Nature He and none other is and ought to be their true right-wise and Natural Leige and Soveraign Lord and that He was in Right from the Death of the said Noble and Famous Prince his Father Richard Duke of York very just King of the said Realms of England do take and repute and will for ever take and repute the said Edward the Fourth their Soveraign and Leige Lord and Him and his Heirs to be Kings of England and none other according to his said Right and Title In the first of Richard the Third there is another Statute very full to this purpose which begins The Three Estates c. But I shall pass over this and proceed to the Act of Recognition made upon King Iames the First his coming to the Crown Wherein it 's declared That He was Lineally Rightfully and Lawfully Descended of the Body of the Most Excellent Lady Margaret Eldest Daughter of the Most Renowned King Henry the Seventh and the High and Noble Princess Queen Elizabeth his Wife Eldest Daughter of King Edward the Fourth The said Lady Margaret being Eldest Sister of King Henry the Eighth Father of the High and Mighty Princess of Famous Memory Elizabeth late Queen of England In consideration whereof the Parliament doth acknowledge King Iames their only Lawful and Rightful Leige Lord and Soveraign And as being bound thereunto both by the Laws of God and Man They do recognize and acknowledge that immediately upon the Dissolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belonging to the same did by Inherent Birth-right and Lawful and undoubted Succession Descend and come to his Most Excellent Majesty as being Lineally Iustly and Lawfully next and SOLE HEIR of the BLOOD Royal of this Realm as it is aforesaid And thereunto they do most Humbly and Faithfully submit and oblige themselves they Heirs and Posterities for ever until the last drop of their Bloods be spent So much concerning the Succession where by the way we may observe the Deposing Doctrine is directly pronounced unlawful as appears from the
first of Edward the Fou●h which Act continues still unrepealed I shall proceed to prove the Norman Conquest for I need go no higher which I shall make good from the best Historians who lived either in or near that time from Doomeseday Book and Acts of Parliament 1. From Historians c. Eadmer Hist. Nov. Fol. 6. a Monk of Canterbury at the time of the Conquest and very intimate with Arch-bishop Lanfrank and with him when News came of the Conqueror's Death Writes That William designing to Establish those Laws and Usages in England which his Ancestors and Himself observed in Normandy made such Persons Bishops Abbots and other Principal Men who could not be thought so unworthy as to be guilty of any incompliance with his new Model knowing by whom and to what Station they were raised All Religious and Secular Affairs He managed at his pleasure And after the Historian had related in what Points he disallowed the Authority of the Pope and Archbishop he concludes thus But what he did in Secular Matters I forbear to Write because it 's not to my purpose and likewise because any one may guess by what has been delivered already at what rate He ordered the State. The next Testimony shall be fetched out of Ingulph Abbot of Croyland an English Man born Secretary to William when Duke of Normandy and made Abbot by him This Author informs us That by hard Usage He made the English submit that He gave the Earldems Baronies Bishopricks and Prelacies of the whole Nation to his Normans and scarce permitted any English Man to enjoy any place of Honour Dominion or Power Hist. Croyl f. 512. But Gervace of Tilbury a considerable Officer in the Exchequer in the Time of Henry the Second and who received his Information from Henry of Blois Bishop of Winchester and Grand-child to the Conquerour is more full to this purpose which he thus delivers After the Conquest of the Kingdom and the just Subversion of Rebels when the King himself and his great Men had viewed and surveyed their new acquests there was a strict Enquiry made who there were which had fought against the King and secured themselves by Flight From these and the Heirs of such as were Slain in the Field all hopes of Possessing ei●er Lands or Rents were cut off for they counted it a great Favour to have their Lives given them But such as were called and solicited to Fight against King William and did not if by an humble Submission they could gain the Favour of their Lords and Masters they then had the Liberty of Possessing somewhat in their own Persons but without any right of leaving it to their Posterity Their Children enjoying it only at the Will of their Lords To whom when they became unacceptable they were every where outed of their Estates neither would any restore what they had taken away And when the miserable Natives represented their Grievances publickly to the King informing him how they were spoiled of their Fortunes and that without Redress they must be forced to pass into other Countries At length upon Consultation it was Ordered That what they could obtain of their Lords by way of Desert or Lawful Bargain they should hold by unquestionable Right but should not Claim any thing from the Time the Nation was Conquered under the Title of Succession or Descent Upon what great Consideration this was done is manifest says Gervace For they being obliged to compliance and obedience to purchase their Lords Favour therefore whoever of the Conquered Nation Possessed Lands c. Obtained them not as if they were their Right by Succession or Inheritance but as a Reward of their Service or by some Intervening Agreement Gervase of Tilbury or the Black Book in the Exchequer Lib. 1. Cap. de Murdro de necessar observ The next Testimony I shall produce is out of Gulielmus Pictaviensis who lived about the time of Ingulph This Writer speaking of King William's Coronation adds cujus Liberi atque nepotes c. i. e. whose Children and Posterity shall Govern England by a just Succession which he Possessed by an Hereditary Bequest Confirmed by the Oaths of the English and by the Right of his Sword Gul. Pict fol. 206. Farther Ordericus Vitalis who lived in the Reign of William the Second tells us How William the First Circumvented the Two great Earls of Mercia and that after Edwin was Slain and Morcar Imprisoned then King William began to show himself and gave his Assistants the best and most considerable Counties in England and made Rich Colonels and Captains of very mean Normans Oder Vital fol. 251. The same Author relates That after the Norman Arms overcame England and King William had reduced it under the Government of his own Laws he made Fulcard a Monk of St. Omers Abbot of Thorney Ibid. fol. 853. Henry Arch-deacon of Huntington who lived in the Reign of King Stephen is full to the same purpose Anno Gratiae 1066. perfecit Dominus Dominator c. i. e. In the Year c. the great Ruler of Kingdoms brought that to pass which he had long intended against the English for he delivered them over to be destroyed by the Rough and Politick Nation of the Normans fol. 210. And in another place more particularly When the Normans had Executed the just Decree of God upon the English and there was not any Person of Quality of English Extraction remaining but all were reduced to Servitude and Distress insomuch that it was Scandalous to be called an English Man William the Author of this Iudgment dyed in the Twenty first Year of his Reign Ibid. fol. 212. Matthew Paris Who wrote towards the end of the Reign of Henry the Third agrees with the forementioned Testimonies his Words are these fol. 5. Dux Normannorum Willielmus c. i. e. Duke William having fortified the Cities and Castles and Garrisoned them with his own Men Sailed into Normandy with English Hostages and abundance of Treasure whom when he had Imprisoned and Secured he hastened back into England that he might liberally distribute the Lands of the English who were forcibly disseized of their Estates amongst his Norman Soldiers who had helped him at the Battle of Hastings to subdue the Country and that little that was left he put under the Yoak of perpetual Servitude And in another place he tells us That King William brought Bishopricks and Abbys under Military Service which before that time had been free from all Secular Servitude but then every Bishoprick and Abby was Enrolled according to his Pleasure and charged how many Knights or Horse-men they should find for him and his Successors in times of War fol. 7. I might add many more Authorities of Antient Historians but these I suppose are sufficient As for Modern Writers I shall only cite Mr. Cambden who thus delivers his Sence of this matter Britan. p. 109. Victor Gulielmus c. i. e. William the Conqueror as it were to make his