Insinuations have continually labored to disquiet the Minds of the People with pretended Fears of Popery and ungrounded Jealousies of I know not what Arbitrary Power have so far of late prevailed that the Loyalty of many unthinking persons has been strangely staggered and their Spirits so exasperated that several of the English Commonalty have by the Artifices of these Seditious Boutefeus been brought to such a forgetfulness of the Duty which by all Divine and Humane Laws they ow unto their Prince that some Parliaments have of late seemed perfect States of War wherein a prevalent Faction in the House of Commons instead of readily affording their Assistance to their Soveraign for the strengthning and supporting of his Government against Forreign and Domestick Enemies have under Pretence of securing the Priviledges and Liberty of the People been tugging and contending to ravish away the Regal Prerogatives from the Crown and by importuning his Majesty contrary to his often-declared Resolutions of never consenting to so great an Injustice to alter the Succession of the Crown from its lineal and legal Descent to subvert this ancient and hereditary Monarchy by ruining its firmest Foundation But the Intrigues of the Faction having been laid open by his Majesties Gracious Declaration of the Reasons inducing him to dissolve the two last Parliaments and by the seasonable Publication of that Horrid Association a Copy whereof was produced at the late Proceedings against the Earl of Shaftsbury in whose Closet it was proved to have been found the Mists which these Religious Juglers for the better concealing their damnable Designs had cast before the Eyes of the People are so far dissipated that whenever his Majesty shall in his Princely Wisdom think fit to call another Parliament it may well be hoped that the People from whose Eyes the Scales which have so long blinded them begin now to drop off will choose themselves such Representatives as in their Testimonies of Loyalty and Submission to their Soveraign will eagerly strive to outgo the very best of their Predecessors such as will by their unanimous Acknowledgment of the unalterableness of the Succession as has been lately done in Scotland assert the Sacredness of the British Monarchy by their Care to put a Stop to the Debauchery of the Press whose prolifick Womb daily teeming with new Monsters fills every Corner of the Nation with Seditious Pamphlets will take away those continual Incentives to Rebellion by undeceiving the deluded Vulgar will free us from that Charm under which we have now almost these four years lain as it were bewitched and by readily complying with all his Majesties just and honorable Desires and Designes will enable him to vindicate his own and the Nations Honor against all external Oppositions or internal Rebellions And then it will not be easy to comprehend what great things his Majesty so Loyally assisted may attempt and effect especially if we shall but consider how the mighty Power of the King of England before the Conjunction of Scotland and total Subjection of Ireland both which were usually at enmity with him has been notoriously known to the World and sufficiently felt by our Neighbor-Nations The Island of Great Britain is by a present learned Writer to whose Collections I am not a little indebted not unfitly said to resemble a great Garrison-Town not only fenced with strong Works her Port-Towns and environed with a vast and deep Ditch the Sea but guarded with excellent Outworks the strongest and best built Ships of War in the World and so abundantly furnished within with Men and Horses with Victuals and Ammunition with Cloaths and Money that if all the Potentates of Europe should which GOD forbid conspire against it they could hardly distress it Insomuch that we may well be permitted to affirm that as her own Natural Commodities are sufficient to maintain her so nothing but her own unnatural Seditions is capable to destroy her Thus admirable is the Defensive Strength of the Monarch of Great Britain nor can his Offensive Puissance but be formidable to the World when it shall be considered that being Master of the Sea as if he be not wanting to himself or his Subjects to him he must be he may in some sort be said to be Master of every Countrey bordering thereupon and is at liberty where when and upon what Terms he pleaseth to begin or end a War for the carrying on of which he is well able whenever he shall think fit so to do to raise of Englishmen besides Auxiliaries of valiant Scots and Irish two hundred thousand Foot and fifty thousand Horse so many having been computed during the late Rebellion to have been in Arms on both sides and that without any considerable miss of them in any City Town or Village whose natural Agility of Body Patience Hardiness and Resolution is so great and their fear of Death so little that scarce any Nation of the World upon equal Terms and Number has ever been able to stand before them either at Sea or Land For the transporting of an Army his Majesty hath at command neer two hundred Ships of War and can hire as many or more stout English Merchant Ships not much inferior to Ships of War all which he can soon Man with the best Sea Souldiers if not the best Mariners in the World And for the maintaining so vast a Fleet sufficient Money may for a competent Time be raised by a Moderate Land-Tax and for a long time by an easy Excise to be laid only upon such Commodities as naturally tend to the occasioning of Pride Idleness Luxury Wantonness and the Corruption of good Mannâ—râ—s Person That the Persons of Monarchs have in all Ages of the World been esteemed sacred and as such received a more than ordinary Respect and Veneration from their Subjects is so manifest from the concurrent Practice of ancient and present Times that it cannot with any shew of Truth be contradicted The Patriarchs of the old World were not only Kings but Priests having in themselves all Fulness of Jurisdiction and taking no less Care for the instructing of those whom GOD had subjected to them in the manner of performing their Adorations to their Creator than in teaching them the Laws and Institutes of a Civil Life And tho the Almighty was pleased amongst his own peculiar People the Israelites after their Departure out of the Land of Aegypt to separate the Spiritual and Temporal Functions entailing the Priesthood upon Aaron and his Posterity into whose Office it was not lawful for their Kings themselves to intrude yet were they in all Civil matters subject to the Kings Authority who was as were also the Priests anointed with Oyl to intimate the Sacredness of his Person When the Kings and Princes of the World began to submit their Crowns and Scepters to the Cross of our Redeemer and instead of Persecutors to become Protectors of the Church this sacred Ceremony of Anointing was again restored and Monarchs thereby admonished
had of Proclamations appears by these Words of a Statute made in the one and thirtieth year of King Henry the VIIIth Forasmuch as the King by the Advice of his Councel hath set forth Proclamations which obstinate Persons have contemned not considering what a King by his Royal Power may do Considering that sudden Causes and Occasions fortune many times which do require speedy Remedies and thaâ— by abiding for a Parliament in the mean time might happen great prejudice to ensue to the Realm And weighing also that his Majesty which by the Kingly and Regal Power given him by GOD may do many things in such Cases should not be driven to extend the Liberties and Supremity of his Regal Power and Dignity by wilfulness of froward Subjects It is therefore thought fit that the King with the Advice of his Honorable Councel should set forth Proclamations for the good of the People and Defence of his Royal Dignity as necessity shall require The King only can give Patents in case of Losses by Fire or otherwise to receive the charitable Benevolences of the People without which none may ask it publickly The King by his Prerogative is Vltimus Haeres Regni and the Receptacle of all Estates when no Heir appears For this cause all Estates for want of Heirs or by Forfeiture escheat to the King All Spiritual Benefices for want of Presentation by the Bishop are lapsed at last to the King All Money Gold Silver Plate or Bullion found and the Owners thereof not known belong to the King and so do all Wayfs Strays Wrecks not granted away by him or any of his Predecessors All Wast Ground or Land recovered from the Sea all Land of Aliens dying before Naturalization all things the property whereof is not known and all Gold or Silver Mines in whose Ground soever they are found belong to the King In the Church the Kings Prerogative is very great He only hath the Patronage of all Bishopricks None can be elected Bishop but whom he hath first nominated None can be consecrated or take possession of the Revenues of any Bishoprick without his special Writ or Assent He is the Nursing-Father of the Church and hath Power to call a National or Provincial Synod and with the Advice and Consent thereof to make Canons Orders Ordinances and Constitutions relating to the Government and Polity of the Church wherein as it was affirmed by Christopher Wray Speaker of the House of Commons in the thirteenth year of Queen Elizabeth the Princes Power is absolute The King has Power upon Causes only known to himself to dispence by Non Obstantes with General Laws made in Parliament and with the Penalties for transgressing them where such Penalty is appropriated to himself alone to mitigate the Rigor of the Laws where Equity and Conscience require Moderation to alter or suspend any particular Law that he judges hurtfull to the Commonwealth to pardon a Man legally condemned to grant special Priviledges to particular Persons Colledges and Corporations and if any Doubt arises concerning such Priviledges he only has Right to interpret them To him and the Judges constituted by him does it belong to interpret all Statutes and to determin and pass Sentence in Cases not defined by Law These are some Branches of that Jus Coronae of that Regal Prerogative of the name whereof however some persons are afraid yet may they assure themselves that the Case of Subjects would be desperately miserable without it since the Kings just Rights are the best Preserver of the Peoples Liberties being an impregnable Bulwark against all popular Invasions and illegal Powers Nor have there ever been found any greater Oppressors of the People than those who under pretence of asserting their Liberties have endeavored to lessen the Royal Authority Thus in the great Contest between Henry the IIId King of England and the Barons about the pretended Liberties of themselves and the People the King being forced at length to yield the Lords instead of that glorious Freedom which they promised the Nation ingrossed all Power into their own Hands under the Name of the twenty four Conservators of the Kingdom behaving themselves like so many Tyrants acting all in their own Names and in Juntoes of their own wholly neglecting or else over-ruling Parliaments But then not agreeing among themselves four of them viz. the Earls of Leicester Glocester Hereford and Spencer defeated the other twenty and drew the entire Management of Affairs into their own hands Yet it continued so not long Leicester getting all into his own Power who being slain in Battle the King recovered his Authority and the People their true Liberty Many of these Prerogatives those especially that concern Justice and Peace are so essential to Royalty that they cannot be separated from it but by the destruction of the Monarchy it self Not without reason therefore did the Estates of England assembled in Parliament in the Reign of King Edward the IIId declare that they could not tho the King himself should desire it assent to any thing which tended to the Disherison of the King and his Crown whereunto they were sworn The King therefore as he is by his Office Debitor Justitiae obliged to administer Justice to his People so is he in Conscience bound to maintain the Rights of the Crown in possession and to endeavour the recovery of those whereof it has been dispossest And how dismal the Effects have been whenever any King neglecting the religious observance of this part of his Duty has been prevailed upon to give way to the lessening of his Royal Prerogative we have a sad Example in his Majesties Father of Blessed Memory who parting tho but only Pro illa vice with his absolute Power of dissolving Parliaments and giving it to the two Houses they never ceased farther incroaching upon his Prerogatives till he himself was barbarously murthered the Government wholly subverted and all the Liberties of the People trampled under foot To him therefore that shall seriously consider the many fatal Mischiefs and Inconveniences which necessarily follow the Diminution of the Kings Prerogative it will seem no Paradox to affirm that it is the Subjects great Interest to be far more sollicitous that the King maintain and uphold his own Prerogative and Preeminence than their Rights and Liberties which as they had no other Original but the Grace and Bounty of the Prince so must they of necessity perish when he is no longer able to protect them It is not thefore to be wondred that a right Apprehension of such pernicious Consequences made his Sacred Majesty refuse his Royal Assent to a Bill presented him for the raising of the Militia tho it was if passed into an Act to have continued in force but six Weeks Because the Tendency of the Bill being to put out of his Possession the Posse Regni or absolute command over the Forces of the Realm he could not answer unto GOD by whom alone he is intrusted with his Regal Power
for the Safety and Well-Government of his Subjects the abandoning tho for so short a time the Protection and Defence of the People committed to his Charge Whatever things are proper unto Supreme Majesty Scepters and Crowns Soveraignty the Purple Robe the Globe or Golden Ball and Holy Unction have as long appertained to the British Monarch as to any other Prince in Europe The Antiquity of anointing Kings in Britain has been already shewn out of Gildas and as for the other four they are by Leland a famous Antiquary ascribed unto King Arthur who began his Reign in the Year of our Lord 506. Which was as soon as they were ordinarily in use with the Roman Emperors The King of Great Britain is an absolute and unaccountable Monarch a Free Prince of Soveraign Power not holding his Kingdom in Vassallage nor receiving his Instalment or Investiture from another Nor does he acknowledge Superiority to any but to GOD alone He is not only the Supreme but sole Legislator within his Dominions The Power of making Laws whatever some Antimonarchists pretend to the contrary rests solely in him And altho the Gracious Condescension of our Kings has been such as to render the subordinate Concurrence of the Estates of each Realm a Condition requisite to the making of new or abrogating of old Laws within the respective Kingdoms yet are they not thereby admitted to any Share in the Soveraignty their Power being wholly derivative from the King who is Caput Principium Finis Parliamentorum the three Estates when assembled in Parliament being as much his Subjects as every particular Man of them is when the Meeting is dissolved All Bills passed by them are but so much dead matter till quickned by his Royal Fiat which alone gives Life and Form to all their Proceedings Nor is it ex debito Justitiae but of his Special Grace that he passes such Acts as are presented to him Thus Henry the IIId begins his Magna Charta with Know ye that WE of our meer and free Will have given these Liberties Thus we hear King Edward the Ist saying The King of his special Grace for Redress of the Grievances of His People sustained by his Wars and for the Amendment of their Estate and to the intent that they may be the more ready to do him Service the more willing to assist and aid him in time of need Grants 28. E. 1. c. 1. And altho of later times Laws are said to be made by Authority of Parliament yet if we look into our antient Statutes we shall find the meaning to be that The King Ordains the Lords advise and the Commons consent Those then are much mistaken who affirm the Parliament to be at the least as Essential a Part of the Government as the Prince Which if it were true whenever the Parliament is dissolved the Government would be so too But this with the Pernicious Maxim of Coordinacy or sharing the Soveraign Power between King Lords and Commons with other treasonable and Antimonarchical Doctrines daily dispersed amongst the People and with the utmost of his Art industriously asserted by the Author of a late seditious Book entituled Plato Redivivus together with his audacious Proposals aiming to take all the Flowers out of the Imperial Diadem of the British Monarch are most fitly to be answered in Westminster-Hall as tending no less to the subversion of our Government which being purely Monarchical may be without the two Houses whereas they cannot be without the King than those traitorous Designs for which Coleman and his Accomplices paid their forfeited Lives to the Justice of the Laws The King of Great Britain is Lord Paramount supreme Landlord of all the Lands within his Dominions all landed men being mediately or immediately his Tenants by some Tenure or other By the Laws and Ordinances of ancient Kings saith Sir Edward Cook in the first part of his Institutes and especially of King Alfred it appeareth that the first Kings of this Realm had all the Lands of England in Demesne and the great Manors and Royalties they reserved to themselves and of the Remnant they for the Defence of the Realm enfeoffed the Barons of the Realm with such Jurisdiction as the Court Baron now hath The King as it is evident by the Rolls of the Chancellery in Scotland which contain their eldest and fundamental Laws is Dominus omnium bonorum and Dominus directus totius Dominii the whole Subjects being but his Vassals and from him holding all their Lands as their Over-lord Thus none but the King hath Allodium and Directum Dominium the sole and independent Property in any Land Upon this Ground no doubt it was that Serjeant Heal in the three and fortieth year of Queen Elizabeth said in Parliament He marvelled the House stood either at the granting of a Subsidy or time of Payment when all we have is her Majesties and She may lawfully at her pleasure take it from us and that She had as much Right to all our Lands and Goods as to any Revenue of the Crown And he said he could prove it by Precedents in the time of Henry the IIId King John and King Stephen And upon the same Ground was it resolved by the Judges in the beginning of the Reign of King James when there was a purpose to have taken away Tenures by Act of Parliament That such a Statute had been void because the Tenures were for the Defence of the King and Kingdom And altho since that the Tenures which gave a Dependency upon the Crown and were the greatest Safety to the King and People have been taken away and thereby a great Blow given to Monarchy yet let those who have the Fee the Jus perpetuum and the Vtile Dominium have a care lest by following the mischievous Advice of Plato Redivivus and abusing the Grace and Bounty of the Prince by endeavoring to draw the Soveraignty to themselves they necessitate not their King for the Preservation of himself and People to have Recourse to his Prerogative which is a Preheminence in Cases of Necessity above and before the Law of Property or Inheritance For the Prevention whereof it is to be wished that either by an Act of Resumption of the ancient Demesns of the Crown which was a sacred Patrimony and by Law unalienable or by such other way as the Wisdom of the Nation shall think fit a Royal Support adaequate to the Charges of the Crown be made for the King to defend his Kingdom and protect his People so that he may not be reduced to the Infelicity of having a precarious Revenue out of the Peoples Purse and to be beholden to a Parliament for his Bread in time of Peace which is no good Condition for a Monarchy As the Legislative Power is solely in the King so he alone has the Soveraign Power in the Administration of Justice and Execution of the Law He is the Fountain of all Justice which by his Judges and
Vlpian for a Rule of the Civil Law Princeps Legibus solutus est The Prince is not bound by the Laws Agreeable whereunto is what is said in the Laws of England Potestas Principis non est inclusa Legibus The Power of the Prince is not included in the Laws Hence no doubt it was that Mr. Grivel in the Thirty first year of Queen Elizabeth said in Parliament That he wished not the making of many Laws since the more we make the less Liberty we have our selves Her Majesty not being bound by them Yet is not this so to be understood that Kings have hereby a right to do Injury but that it is Right for them to go unpunished by their People if they do it The King cannot be impleaded for any Crime No Action lieth against his Person For the Writ goeth forth in his Name and he cannot arrest himself If he should which God forbid violently seizâ— upon the Estate of any Subject having no Title by Law so to do the only Remedy is by Petitioning him to amend his Fault which if he shall refuse to do it will be Punishment sufficient for him to expect that GOD who has given him his Prerogative of being above all Laws for the good only of them that are under the Laws and for the Defence of his Peoples Liberties will severely avenge the Cause of oppressed Loyal Subjects But altho whatever the King shall do he is not questionable for it by his Subjects yet there are divers things which he cannot do Salvo Jure Salvo Juramento Salva Conscientia sua For by an Oath taken at his Coronation the King obliges himself and indeed without any Oath he is by the Law of Nature and Christianity as are all other Christian Kings obliged to procure the Safety and Welfare of his People to protect and defend them against their Enemies to maintain and preserve them in their Properties just Rights and Liberties to administer upright Justice with Discretion and Mercy and in order thereunto to consent to the enacting of good Laws and repealing of Bad. Thus the King can do nothing unjustly nor can he divest himself or his Successors of any part of his Regal Power Prerogative and Authority inherent in the Crown and necessary for the Government and Protection of his People Two things there are especially which having somewhat of Odium in them the King doth not usually do without the Consent of his Parliament that is make new Laws and impose new Taxes the one whereof seems and does but seem to infringe the Peoples Liberties and the other to entrench upon their Properties To take away therefore all Occasions of Disaffection to the Anointed of the Lord stiled in Holy Scripture the Breath of our Nostrils and the Light of our Eyes the Wisdom of our former Princes his Majesties Royal Ancestors has contrived that for both these there should Petitions first be made by the People to the King Tho these and divers other Prerogatives do rightfully belong unto and are enjoyed by the Monarch of Great Britain yet doth he ordinarily govern his people by the known Laws and Customs of his Kingdoms making use of his Royal Prerogative for the Benefit not Damage of his Subjects in some rare and extraordinary Cases only Hereunto may be added a singular and Miraculous Priviledge enjoyed by the Kings of Great Britain quatenus Kings conferred first by the Divine Benignity upon that Blessed King of England St. Edward the Confessor and ever since continued to his Successors which is by the Imposition of their Sacred Hands to drive away and cure that stubborn Disease called the Struma or Scrofula and by us commonly from this supernatural manner of its Cure the Kings Evil. Upon certain dayes almost every Week during the cold Seasons his Majesty graciously permits all that are afflicted with that Disease having been first carefully viewed and allowed by his Chirurgeons to be brought into his Royal Presence Where an appointed Form of Divine Service consisting of some short Prayers pertinent to the Occasion and two Portions of Holy Scripture taken out of the Gospel being read the King at the pronouncing of these Words They shall lay their hands upon the Sick and they shall recover gently draws both his Hands over the Sore of the sick person the same words being repeated at every Touch. And at these Words This was the true Light which enlightneth every Man that cometh into this World he putteth about the Neck of each Sick person a piece of Gold called from the Impression an Angel being in value about eleven Shillings Sterling This evident Cure is by many malignant Nonconformists those true Sons of Belial daily despising and speaking evil of Dignities ascribed to the Strength of Fancy and exalted Imagination but little do they reflect upon how many tender Infants no way capable of such Transports this stupendious Cure is effectually performed Respect In consideration of these and many other transcendent Excellencies to no Prince or other Potentate in Christendom is done more Honour Reverence or Respect than to the Monarch of Great Britain All his Subjects at their first Addresses kneel unto him At Table he is served on the knee All persons the Prince or other Heir apparent not excepted are bare-headed in his Presence In the Presence Chamber tho the King be not there all men are not only uncovered but do or ought to do Reverence to the Chair of State The Kings only Testimony of any thing done in his presence is of as high a Nature and Credit as any Record And in all Writs sent forth for the Dispatch of Justice hee useth no other Witness but himself viz. Teste meipso As the King of Great Britain is thus reverenced and respected at home so is he no less honored and esteemed abroad For if he be regarded solely as King of England we shall find that the Emperor was accounted Filius major Ecclesiae the King of France Filius minor and the King of England Filius adoptivus That in General Councels the King of France took place on the Emperors Right Hand the King of England on his Left the King of Scots having Precedency next before Castile And that tho since the time of the Emperor Charles the Vth. the Kings of Spain have challenged the Precedency of all Christian Princes which nevertheless they have within this twenty years yielded to France yet in the time of our King Henry the VIIth Pope Julius gave it to the English before the Spaniard But if looking upon him as succeeding to the ancient British Kings whose true and undoubted Heir he is by Lineal and unquestionable Descent we shall consider the Antiquity of his Predecessors either as Kings Reigning here above a thousand years before the coming in of the Romans His Majesty now regnant being from the first British Kings the hundred thirty nineth Monarch or as Christians this Island having not only shewn to the World the first Christian King