the most soveraigne Court because every compleat and perfect Act of it is the Act of the personall will and power of the Soveraigne himselfe Standing in His highest Estate Royall and through the concurrence of those that are the instrumentals of His restraint more freely and absolutely working there than in any other time and place he can do For as a man that yeildeth himselfe to be bound by keepers hath the use of his strength taken from him but none of the naturall strength it selfe much lesse any of it transferred to them that bound him but whensoever they loose his bonds he again workes and acts by virtue of his own naturall strength and not by any received from them So the naturall right and interest of the Soveraignitie being soly in the King and the Peeres and Commons being onely interessed in the Office of restraining for the regular working of true legitimate Soveraignitie in whatsoever the Peeres and Commons by consenting remit the restraint the King in that willeth and worketh absolutely by the power of his own inherent Soveraignitie And whatsoever Act of the Court so passeth the hands of all the three Orders does in truth virtually proceed from the King as from the true and proper efficient thereof which does not obscurely nor rarely appear in our Acts of Parliament but plainly and frequently throughout the whole Bodie of our ancient Lawes The King Willeth the King Commandeth the King Ordaineth Provideth Establisheth Granteth c. And yet though properly they be the Acts of the King in Parliament yet are they also truly the Acts of the whole high Court of Parliament because that every of the three Estates contribute their power according to the diversitie of their office and interest the two Houses by remitting through the consenting the restraint and the King by using his then unrestrained power We are also to consider that though this high Court of the three Orders be the supreme Judicatorie of the Kingdome yet it hath not that superioritie of judgement ascribed to it for any soveraigne facultie it hath in discerning the true dictate and result of Law no more than of any other particular Science as of Divinitie Philosophie Physicke Mathematiques c. for the judgement of Sciences belongeth to the professours thereof and the judgement of Law as well as of other Sciences But the high Court of Parliament is the supreme judge for the great trust the Law reposeth in the concurrence of all the three Orders who have meanes to have the best information of Law that the whole profession doth afford and are supposed to use it and likewise for the great power they have to binde all other judgement and to make their sentence Law though as we have said it were not Law before But we are further to observe that in the point of making of Law the Law restraining thus the Soveraigne power to the consent of the Peeres and Commons the more that by this regulation it purged it from destructive exorbitances the more tender it grew of the just and legitimate rights thereof remaining and therefore considering the person of the Soveraigne to be single and his power counterpoised by the opposed wisedome of the two numerous Bodies of the two Houses it allowed unto the King power to sweare unto himselfe a Bodie of Councell of State which our Lawes sometime call His Grand Councell and to sweare unto him also Counsellours at Law even the Judges themselves and others learned in the Law faithfully to advise him in his Government that he may neither do nor receive wrong especially not in Parliament where the wrong may be perpetuall And if upon a generall pretence of evill counsell without any instance in what his Majestie be deprived of the use and assistance of and assistance of any of his sworne Counsell especially in Parliament time when the Soveraignitie may be so easily overmatched it will make such a breach of the priviledge of the first of the three Orders in Parliament as will destroy the true frame of Parliaments diminish the power of the Crown and bring the settled estate of the Kingdome into the calamitous innovation of an unsettled and ever changing Forme of Government and so into all manner of miserie and confusion The Soveraignitie in the King alone is so clearly acknowledged by our Law as that unlesse we would reiect the iudgement and recognition of all our Parliament and especially of all our most sincere and unquestioned Parliaments all the time of Queen Elizabeth and ever since all which do not onely affirme but sweare it it would be idle to go about to make praise of it But when the incredible perversenesse of some and in particular of him that writes The treacherie and disloyaltie of Papists c. does not onely affirme the contrary but would pretend to prove it It cannot be a digression in a word or two to give some answer to his reasonings I shall passe over Minshaw's Dictionarie Speed Stowe Vowell Foxe and others whose authoritie he is not ashamed to cite for determining matter in Law and which if indeed it were a question were of the greatest consequence that ever was stirred in Law And because he so much insists upon Bracton I shall briefly examine Bracton and the Authours integritie in citing him and others And first that all men may know how little authoritie in Law Bracton either now hath or anciently hath had Our yeare-bookes tell us that in the 35. H. 6. It was declared by the whole Court that Bracton was never held an Authour in our Law and then it is not materiall what is the opinion of one that is of no authoritie But if he were yet those words in Bracton so much insisted on Rex habet superiorem Deum Legem item Curiam suam c. are not indeed Bractons assertion For Bracton speaking of the Kings Deeds and Charters and affirming which we would be loath should be Law at this day that Neither the Iustices nor private men may dispute the Kings Deed but that if there be doubt of his Deed or Charter the resolution must come from the Kings own interpretation and will c. Then goes he on thus But some may say saith he that the King may do justice and well and if so he may by the same reason do ill and so put a necessitie upon him that he mend the injurie least both King and Iustices fall into the judgement of the living God for the injurie The King hath a Superiour to wit God also the Law by which he is made King also His Court to wit the Earles and Barons c. Now whosoever considers the place it is all a reasoning which Bracton supposes some other to make and no affirmation of his own and that is also plain by his words in another place where speaking of the King If Iustice saith he be demanded of him seing no Writ lies against him one must petition that
he would correct and amend what he had done Which if he do not it is sufficient for his punishment that he must expect God to be the Avenger of it Not a word of the Courts avenging or rectifying of the iniurie or of their enforcing the King to do it himselfe Again speaking of Earles though with little iudgement he would seem to derive their Office from the Etymologie of the Latine name Comes which was but a late borrowed translation brought in use by the Conquerour and would so make them a kinde of Companions with the King yet does he not make them Companions thrust upon the King by Law but the Kings saith he do associate such to themselves for advice and government Every one truly is under him and he under none but God and he hath no Peer in his Kingdom for then he should loose the Command when as one Peer hath no command over another much lesse hath any one command over his superiour for so he should be inferiour to his own Subjects and the King ought not to be under man but under God and the Law now these words of Bracton tell us that the other are neither his assertion nor approbation And whereas by those words of Bracton that The King ought to be under the Law he would inferre a direct Soveraignitie over the King he very much corrupts the meaning of Bracton for it is one thing to be subiect to Law and to the administration of Law and another thing to be a Subiect to those that have the administration of Law as to his Soveraignes Our Saviour Christ was subiect to the Law and to the administration of the Law in the hands of them that were the Ministers of it yet was not Christ the Subject of those Ministers nor they his Soveraignes but contrary he theirs he being Borne King of the Iewes And Bracton's reason that the King must be under the Law is because he is Christs Vicar on earth And Christ himselfe was under the Law so as plainly Bracton meanes not the King otherwise under the Law then as our Saviour Christ was who did subject himselfe to the just execution of the positive Lawes of the Kingdom of which he himselfe was the Head and Fountain not that he should be subject to the administration of any arbitrary Law residing in the people who should in the last resort be Soveraignes over their own King for that was not sutable to one that should be Vicar of Christ but to a Vicar of the people Neither is the King more subject to any judgement that can be given in Parliament than He is to judgements given in inferiour Courts to which if you will say the Parliament is superiour to those Courts and the superioritie that is but subordinately in them is soveraignely in the Parliament truly the superioritie if it may so be call'd that is subordinately in the inferiour Courts is but more superiourly in the House of Lords than them but it is not soveraignely neither in the Lords House nor any other part of Parliament till we come to the judgement of all the three Estates where the Kings will is the efficient formall of the Law and there you may see that the Vicar of Christ the King like Christ His Lord whom He representeth in being subject to the Law of which He is Soveraigne becomes at last subject to none but Himselfe for that high Court of Parliament speaketh not without Him But ere we give over his citation of Bracton we must not forget his unfaithfull application of it For as for those words The King hath a superior that is to say God also the Law also His Court to wit the Earles and Barons He would not onely have them Bracton's words and have them understood to carry Soveraignitie over the King but would have that Soveraignitie placed in the two Houses when as Bracton expresly expounds that the Court which he meanes is the Earles and Barons that is to say the House of Lords onely and not the Commons too plainly shewing that he meanes no other superioritie than such as is incident to the regular course of Justice in the way of legall suit and processe which in that course never goes further than the House of Lords there is no forme of prosecution in that kinde in the two Houses and therefore neither Soveraignitie nor Superioritie in that kinde can be ascribed to them Neither may we passe over his falshood and shuffling to extenuate the Oath of Supremacie that securitie may make men swallow their perjurie and never know it for though it be true that the Oath was pricipally intended against Papacie because the Papacie was the first that ever pretended Soveraignitie over Kings and the clause of renouncing runnes against Forraigne powers onely as those that then were onely feared to be pretenders under the Papacie yet the recognition it selfe that The King is the onely Supreme Governour And the Oath it selfe to beare faith and true Alleageance to the King His Heires and Successours and to assist and defend all jurisdictions priviledges preheminences and authoritie belonging to them c. are clearly generall absolute and unrestrained to any particularitie of Papacie Forraigners or any thing else whatsoever But to come to that that is the maine Authoritie scope and drift of his book and which he would by all meanes inculcate though but under the shew of telling what popish Parliaments have done lest otherwise his horrible intention might appear he brings us precedents that the two Houses of Parliament have upon all occasion soveraignely disposed of the Crown and of all the rights that do belong unto it and that even our Kings themselves have submitted their soveraigne rights to the determination of the two Houses Good God! How Evill men and Seducers wax worse and worse deceiving and being deceived He that writ the Observations upon His Maiesties Answers and Expresses had so much ingenuitie left him as to acknowledge that There was never King deposed by any Parliament lawfully assembled and that the Acts of the Parliament R. 2. were not so properly the Acts of the two Houses as of H. 4. and His victorious Armie But this man being not ashamed to licke up what his fellow vomited out presents the world with a cull of all the irregular times of our unfortunate Princes in which by the consent of all men the Acts of neither side are to be drawn into example and bring us for judiciall Authorities the horrid facts of irregular power in the Times of King Iohn R. 2. H. 4. H 6. c. And is so supine in his purpose that with the factious Parliaments in the Times of H. 3. E 2. and R. 2. which he cites to have exercised authoritie over Kings he stickes not to couple the Rebellions in the North against H. 4. and the rebellious Insurrections of Iacke Cade Iacke Straw Wat Tyler Doctour Mackerell Ket and others as Acts that made equall proofe
and illegall Imposition even to the bondage slaverie of Excise by which we are not so much Proprietaries of our own as Stewards or Casheerers to the heads of the Rebellion and all this to no other end but to keep up the Rebellion we have not onely protected and supported the Kings mortall Enemies but as much as in us lay have persecuted all His Friends or if but suspected to stand well affected to Him and the Justice of His Cause not sparing the effusion of innocent blood as that of Master Tomkins and Master Chaloner which like the blood of Abel calls loud to Heaven for vengeance on this bloody Citie and questionlesse will in time be heard for not content to buy these mens bloods with great summes of monies which could not be advanced but on this condition that Master Tomkins and Master Chaloner be delivered up to their pleasure and murthered for a strange Conspiracie called Obedience to the King but being dead in an unheard of barbarousnesse they presse into the houses where their dead bodies lay before their Funerals and thinking they could never be sure enough of so great a guilt they will not believe that they are dead unlesse they force the houses to see the bodies of them whom themselves had murthered insomuch that to avoid further violence and rage of the Citizens they were fain to set open the doores where their bodies lay and expose them to the view of all that so they might glut themselves with beholding that sad spectacle which themselves had made That the Kings Gracious offers of Peace have been sleighted and rejected with scorne and contempt and His Messengers that brought them contrary to the Law of Armes and Nations imprisoned That those miserable distractions which have rent and torne this flourishing Kingdome are so farre from being closed that they are rather made wider That the Sword of War so long devouring is not yet sheathed except in one anothers bowels That this Kingdome is still made the Scene of Murthers Rapines Oppression and Plunderings and whereon all the horrid acts of rage and injustice are every day acted and the Nation put almost out of hope ever to enjoy her former Peace and Plentie is our fault and ours wholly Had not the 〈◊〉 â—f this Rebellion been animated by this Citie and encouraged by promises of more Supplies of Men and Monies they had long before this laid down their Armes and come with halters about their neckes and cast themselves at the Kings feet submissively begging those Pardons which they have presumptuously rejected Time was when the two Houses gave a Law to the Citie now it is come to that passe that the Citie prescribe to the Reliques of the two Houses They must not conclude of War or Peace without consulting the Citie if they doe they reckon without their Host. Nay though Fairfax be utterly routed in the North and William once sirnamed a Conquerour be totally defeated in the West yet can they neither be perswaded nor beaten into thoughts of Peace On the 20th of Iuly last no longer ago many Thousands as the printed paper tells you preferred a Petition to the House of Commons presented by M. Norbury of the Cursitors Office and Iohn Hat an Atturney of Guild-hall both pernicious men which as it evidently shewes their obstinate aversion from Peace so it is the most desperate devilish slander that ever yet durst look the world in the face for first they tell the House of Commons and in them the world That the King without any touch of conscience and in defiance of God hath raised an Armie of Papists Outlawes and Traitors for Robbing Burning Murthering and Destroying of His Religious Honest and well meaning People And then knowing not onely their interest in but their power over the House of Commons they do not so much Petition as Command them to accept of their assistance for the raising a new Armie and in expresse termes prescribe unto them and limit them to a Committee of their own nomination for the seizing and receiving of such summes as the willing shall thinke fit to offer or they shall thinke fit to extort from the unwilling for this service and that you may judge of the whole bunch by some they name Pennington the pretended Lord Maior Stroad one of the five Members Harry Martin Plunder-master Generall and Denis Bond Burgesse of Dorchester and Patriarch Whites own disciple a man of a double capacitie to be a Rebell and finding themselves more alone in these undertakings than they did imagine like desperate Traitours they call on the whole Kingdome as one man according to the intent of the late Covenant to joyne with them in this Rebellion And having thus taken a course to raise new Forces on Saturday the 29th of Iuly at a Common Hall they Voted Sir William Waller Generall of their new intended Armie whom to indeare the more they interest him in the Government of the Citie hoping that being as mad as his Ladie he will hold up the Rebellion as long as he can and then be one of the last to run away I mean not from Battaile for in that he hath shewed himselfe as forward as the foremost but from Iustice and the due reward of his disloyaltie By all which it is most evident that this Languishing Rebellion had before this day gasp'd its last and given up the ghost had not this rebellious Citie by its wealth and multitudes fomented it and given it life If therefore Posteritie shall aske who broke down the bounds to those streames of blood that have stained this earth if they aske who make Libertie captive Truth criminall Rapine just Tyrannie and Oppression lawfull who blanched Rebellion with the specious pretence of Defence of Lawes and Liberties War with the desire of an established Peace Sacriledge and prophanation with the shew of Zeale and Reformation Lastly if they aske who would have pulled the Crown from the Kings head taken the Government off the hindges dissolved Monarchie inslaved the Lawes and ruined their Countrey say 'T was the Proud Unthankfull Schismaticall Rebellious Bloodie Citie of London so that what they wanted of devouring this Kingdom by cheating and couzening they mean to finish by the Sword That therefore these dangerous Defluctions and continuall not small Distillations but Floods of Men Money Ammunition and Armes descending from the Head Citie and Metropolis of this Kingdome may not for ever dissolve the nerves and luxate the Sinewes of this admirable composed Government it will highly concerne this Nation to look about them to undeceive themselves and to consult their own Peace and safetie by joyning with their Gracious Soveraigne in chastizing these rebellious insolencies and reducing this stubburne Citie of London either to obedience or ashes FINIS 25. H. 8. cap. 22. 24 H 8. cap. 12. 26. H. 8. cap 2. 1. Eliz. 1. 1. Iac. 1. Co. 5. Codry case fol. 9. b. vide the Parl. writ 1. Eliz. 1. 5. El. 1. Lo. Cha. Egertons Post nati 73. b. Psal. 60 7. Gen. 49.10 Deut. 33.4 5. Lo. Cha. Egertons Post nati fol. 22. 23. sect. 4. Crompt â—ur 10. b. The speech of H. 8. in Parl. by information of the Judges Stat. West 1 3. E. 1.1.3 E. 1.3 6 42. Stat. of Merch 13. E. 1. Westm. 3.18 E. 1.1 Stat. of waste 20. E. 1. of Appeale 28. E. 1.1 E. 2.1 and all the Titles of the Acts of our Parliament Vnicuique in suà arte credendum 11. H 7.9.34 H. 6 14 25. E. 3.4.37 E. 3.18 42. E 3.3.17 R. 2. Vide the Oath of the Justices an. 18 E. 3. Yee shall swear c. that lawfully ye shall counsell the King in his businesse and ye shall not counsell nor assent to any thing which may turne him in damage c. and ye shall do and procure the profit of the King and of his Crown with all things where ye may reasonably do the same and if ye be found in default c. ye shall be at the Kings will of bodie goods and lands thereof to do as shall please him So helpe c. Vide the Statute de Bigâ—m 35. H. 6. Fitz Aâ—r tit. gard 72. pag. 3 Braect li 1 c. 16. parâ— 3 fol. 34. Bract. li. 1. c 8 p. 5. Pag. 38. 2 Tim. 3.13 Ed. 2. Pag. 8. to pag. 15. Pag. 15. Pag. 33 34 35 35 Adjudged H. 7. Pag. 4. Co. 5. de jure Ecc. fol. 9. b. 25 H. 8.21 16. R 2 5. 25. H 5. 15. E. 3. 5. E. 3. Vide Ola Mag. Cha. Dâ—ar H. 4. 7. E. 1. 3. E. 3. De queux ils nont pas cognizance 25. E. 3.2 3. E. 3. Fitz tit. Cor. sta 〈…〉 pl Cor. 153. Bract. ti 2. cap. 22. fol. 52. a. Rex parem non habet nec vicinum nec superiorem Deut. 33.5 Numb. 16.3 ib. v. 13. ib. v. 2. Psal 106.17 Deut. 33.5 Exo. 4.16 Numb. 11.15 2 Tim. 3 2. 4. 2 Pet. 2.10 Jude 8.10 11. 1 Sam. 16.14 verse 1. 1 Sam. 26.9 Afterward David was touched in heart because he had cut off the lap of Sauls garment 1 Sam. 24.6 The Book of Observations Treacherie and disloyaltie of Papists c. 2 Sam. 20.16 Judges 20