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A45188 An argument for the bishops right in judging capital causes in parliament for their right unalterable to that place in the government that they now enjoy : with several observations upon the change of our English government since the Conquest : to which is added a postscript, being a letter to a friend, for vindicating the clergy and rectifying some mistakes that are mischievous and dangerous to our government and religion / by Tho. Hunt ... Hunt, Thomas, 1627?-1688. 1682 (1682) Wing H3749; ESTC R31657 178,256 388

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redigerent Quod cum factum fuisset praecepit Rex Archiepiscopis Episcopis ut sigilla sua apponerent scripto illi cum caeteri proni essent ad faciendum Archiepiscopus Cantuariensis juravit quod nunquam scripto illi sigillum suum apponeret nec leges illas confirmaret If this was not an encroaching Royall power there was never any such fault when he was grown so great that the King himself must supplicate that the great men of that time though passionataly interceding on the behalf of the King could obtain no peace for the King That an Ambassadour from the Pope and Cardinals must be sent to command him to be reconciled to the King That he did make a shew of being the Kings friend and did promise to be at peace with the King and keep his Laws at the Popes Command But of this too he soon repented and said he would sin no more Was not this man a Traytor at Common Law before the 25 of Ed. 3. doth not the reason of the Government declare and pronounce him so And doth the Octavo Author think that a Parliament would not use the declarative power by that Statute reserved to declare such offences as these Treason If the like case should happen would not he himself be the likelyest man to be formost in the impeachment But Gervasius Dorobernensis goes on and tells us that afterwards Becket did voluntary penance for the aforesaid promise made to the King and of his submission to his Laws and stood out in disobedience That the King did cast about and study quomodo vel qua arte constantiam Archiepiscopi conterere valeret vel elidere virtutem Col. 1388. But see in what respectful terms their Author in the meantime speaks of this Becket We may be sure we can have nothing from them that is true if it makes the Cause of this contumacious rebellious man bad But at last the Kings patience is turned into Anger For Gervasius goes on Col. 1388. and saith Timens autem Rex Angliae ne impune manus ejus Cantuariensis Episcopus evaderet jam edoctus multiplici Cogitatione pravorum Eruditione quibus eum pravitatis laqueis innodaret Praecepit Praesules Proceres Regni apud Northamptonian unà cum Archiepiscopo ipso convenire qui cum tertia die convenissent Archiepiscopus in multis est accusatus And no man can believe his accusation was less than Treason that will believe what is said by all Historians of Beckets Rebellious behaviour against the King and the Kings anger conceived his threatning him with death and the convening of this Parliament lest he should escape unpunisht And especially that will observe the partiality of this Gervasius against the King and in favour of Becket For he said as is before observed and cited that now the King was edoctus multiplici cogitatione that now the King with much thought and the Advice of wicked men was instructed how he might ensnare him with evil Arts and for that purpose this Parliament was convened And yet in particular this Gervasius and Fitz-Stephen his faithful friend who accompanied Becket in his troubles mentions only two faults whereof he is accused viz. of injustice in the Case of John the Marshall and of his own Contumacy in not obeying the Kings Summons Fitz-Stephen Hoveden and Gervasius tell us that to the two particulars Becket made his defence Gervasius and Hoveden tells us what defence he made which the Octavo hath faithfully transcribed to do him right I wish he had observed the whole story then he would have saved me this trouble of bringing it into the view of the World The Article wherein he is charged for not doing Justice to John Marshall is answered by laying the fault upon Marshall himself for abusing the Court bringing veterum Cantuum Codicillum to swear upon refusing to swear sub Evangelium ut moris est The other Article he answered proving by two sufficient Witnesses that it was sickness hindred him and not any contempt Very sufficient Answers to those two Articles and certainly the Parliament that was called only for to punish Becket might have well acquitted him and returned home and a weighty cause this was to convene a Parliament But these were but two of those many things for multis est accusatus saith Gervasius and of the least offence besides that they were fully answered in any mans judgment that hath read the Story of Becket of which he stood accused By what I have here transcribed it appears that he was certainly guilty of Treason That the Parliament was called to punish him The King was enraged and that justly and therefore he was most certainly accused of Treason Gervasius goes on and tells us that his rationibus meaning that he offered in excuse of himself in the business of Marshall and his own contempt Archiepiscous excusari non potuit sed Curiali judicio Assensa Episcoporum condemnatus est ita ut omnia ejus bona in misericordia Regis ponerentur And yet the prosecution went on The Bishops are consulted with by Becket how he should behave himself Thus Gervasius tells us Coll. 1398. You may best understand the Nature of the prosecution and Beckets danger by the advice of some of his Suffragan Bishops The Bishop of London thus adviseth Si pater inquit recolis unde te Dominus Rex sustulit quid tibi contulit consideratâ temporum malitiâ quam Ruinam Ecclesiae nobis omnibus paraveris si in his Regi resistere volueris non solum Archiepscopatui Cantuariae sed in decuplo si tanti fuerit cedere deberes Could all this danger grow from less than Treason Could a bare neglect to answer a Summons where he excused his default sufficiently or refusing to proceed in the Case of Marshall for that he did presumptuously trifle with the Court and prophanely offered to be Sworn upon a Song-book put the whole Church and himself in danger big enough to be redeemed with ten times the value of the Bishoprick of Canterbury The Bishop of Lincoln speaks in Gervasius these Words Patet inquam vitam istius hominis sanguinem quaeri necessario alterum horum erit aut Archiepiscopatui aut vitae cedendum The Bishop of Exeter thus Palam est quoniam dies mali sunt si possumus sub dissimulationis umbrâ hujus tempestatis impetum pertransire illaesos And after he saith satis est unum Caput in parte periclitari quam totam Anglicanam Ecclesiam inevitabili exponere discrimini The Bishop of Worcester saith Gervasius being asked what he thought ita temperavit Responsum ut negando palam secerit quid animi haberet The Bishop of Ely was sick The Bishop of Norwich the same Author saith excused himself secreto asserens Eliensem foeliciter adeò defensum quod ipse vellet simili plagâ percelli for he had heard saith our Author quid Rex conceperat contra Cantuariensem Becket not
monstrously extravagant opinion can prevail by a general Credence It is criminal and no less dangerous to the being of any policy to restrain the legislative Authority and to entertain Principles that disables it to provide remedy against the greatest mischiefs that can happen to any Community No Government can support it self without an unlimited Power in providing for the happiness of the people No Civil establishment but is controlable and alterable to the publick Weale What ever is not of Divine Institution ought to yield and submit to this Power and Authority The Succession to the Crown is of a civil nature not established by any Divine Right Several Kingdoms have several Laws of Succession some are Elective others Haereditary under several Limitations All humane Constitutions are made tum sensu humanae imbecillitatis under reasonable exceptions of unforeseen accidents and Emergencies that may happen in humane Affairs and so they must be intended and so interpreted The several limitations of the descent of the Crown must be made by the people in conferring the Royal Dignitie and power which is more or less in several Kingdoms The descent of the Crown is governed according to the presumed will of the People and the presumption of the peoples will is made by measuring and considering what is most expedient to the publick good whereas private Estates are directed in their descent according to the descendents And this is the reason that the descent of the Crown is governed by other rules than private Estates Only one daughter and not all as in private Estates shall succeed to the Crown because the strength of the Kingdom is preserved when continueds united and the peace and concord of the people better Established A son of the second venter shall inherit which is not allowed in private Estates because a son of the second venter is equally of the blood of the great Ancestor upon whom the Crown was first conferred by the people or after he had got into the Throne obtain'd their Submissions may equally participate of his Virtues If the Royal Family be extinct it belongs to the people to make a new King under what limitations they please or to make none for the Polity is not destroyed if there be no King created and consequently in case of this cesser or discontinuance of the Regnum there may be Treason committed against the people By all which it is evident that the succession to the Crown is the peoples right And though the succession to the Crown is Hereditary because the people so appointed it would have it so or consented to have it so Yet in a particular case for the saving the Nation the whole line and Monarchy it self it may be altered by the unlimited Power of the Legislative Authority We have been more just to the Royal Succession than the wonderful Sir Robert Filmer for his Hypotheses will not allow at all of Hereditary rightful Succession For the establishing the right of the Universal Empire of the World in Adams right heir since this illuminato hath enlightned the world in this secret no Successor can derive any hereditary right from his Predecessor His Title can be only his own possession for no man can claim by descent the Usurpation of his Father but he that is not conscious to the wrong and is bonae fidei possessor under the presumed right and title of his Father I would be understood to speak as the matter can be considered in a free Reason not under the prejudice of any positive municipal law for to such laws the right of Crowns as the Renowned Knight will have it are not submitted So that here in this matter their Knight fails them and can give them no help Their other Friend the great Leviathan Maker is so far from establishing an Hereditary Succession that he leaves Kings to be rightfully assaulted deposed and destroyed by any person that can who stands in danger of being destroyed by the King though justly condemned to death Leviathan Part. 2. Cap. 21. Those saith he that have committed a Capital Crime for which they expect death have the liberty to defend themselves by Arms as well as the Innocent But I mention him only to render him detestable for I take his Books to be the dehonestamenta humani generis But I desire them to regard the sense of all Mankind in the words of Isiodorus Pelusiota 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This Governed the Judicious and Learned Dr. Falkner for when he had carried Christian Loyalty as high as he could to the honor of our Religion and the benefit of the World for which we are all extreamly beholden to him he concludes thus in his excellent Book called Christian Loyalty That if any Prince undertakes to alienate his Kingdom or to give it up into the hands of another Sovereign Power or that really acts the Destruction or the Universal calamity of his People he tells us Grotius thinks that in his utmost extremity the use of a defence as a last refuge ultimo necessitatis presidio is not to be condemned provided the care of the Common good be preserved And if this be true saith he it must be upon this ground that such attempts of ruining de ipso facto include a disclaiming the governing of these persons as Subjects and consequently of being their Prince or King what unreasonableness is there then in shutting the door upon him and making it fast against him by an act of State who hath excluded himself by his principles and designs For the truth of the fact I shall only refer you to Secretary Coleman his Letters wherein he saith that his Masters interest and the King of France his interest is one and the same and their design their glorious design the same viz the extirpating the Northern Heresie how far the King of France hath complied with the design the cruel Persecution and exils of his Protestant Subjects who at the time of that letter were under the security and protection of the Laws of that Kingdom the Faith of that Crown do declare to the world And by what secret influences I know no the is made so great his conquests so easie and expedite that he is like to do the work himself here in England and go away with all the Glory But if the work must lye upon our hands let no man think with himself that Popery is not to be introduced here because the numbers of Papists are few for that will not render the design impracticable but the execution of it were cruel and barbarous a whole Nation upon the matter must be corrupted from the Faith of the true Religion or destroy'd One single arm of an ordinary strength not resisted may assassinate a whole Nation Let no man betray his Country and Religion by pretending the example of the patience and sufferance of the Primitive Christians for our rule The Reformed Religion hath acquired a civil right and the protection of Laws if we