when Pope Innocent the Third had against the declar'd will of King John caused Stephen Langton to be Elected Arch-Bishop of Canterbury and after that confirm'd him and wrote to the King to receive him the King returns that he the Pope had subverted the Liberties of his Crown and that therefore he would prohibit all People going to Rome and from making appeals thither which confirms my former instance and that this Power was always in the King however for a time it might have happen'd to be neglected for otherwise it had been a vain thing in him to have expell'd the Monks of Canterbury as Traytors which he actually did or to have imagin'd that a Bigotted Seditious Clergy as at that time they were and to be headed by that Arch-Bishop at least no friend to the King if not his Enemy should be frighten'd with an empty Bug bear touching a matter whereof he had no cognisance had he not been satisfi'd it was in his Power to do it as well as his Father before him had done it And having thus occasionally nam'd him let me with all submission offer this to the memory of that unfortunate Prince that his designs in order to the freeing the Crown from Forein usurpation were mighty and that he came short in what Henry the Eighth afterwards effected was not that he was less able but his times worse for considering the unsettled condition of those times and at what disadvantages he came in what wonder if he were oppress'd by a Faction when deserted by his Subjects who otherwise had never suffer'd him to have made that Crown to the defence of which they had all sworn tributary which many years afterward when the Arrears of that Tribute were demanded was too late tho effectually enough declar'd in Parliament he could not do nor they consent to the doing it But to proceed When after this the Sea of Rome would be yet intermedling it was by all the States of Parliament severally examin'd and answering each State one by one personally for it self unanimously Declar'd That the Pope's awarding any Processes or Sentences of Excommunication c. against any Bishops or other Spiritual Persons for executing Judgments given in the Kings Courts was clearly in derogation of the Kings Crown and Regality used and approved of the time of all his Progenitors and which they would maintain as they were bound by their Liegance and thereupon Enacted That the purchasing any Bulls from Rome or elsewhere shall be a Premunire In which it is observable That as the Judges before that time were for the most part Church-men the Laity being not yet come up to Letters or where they were Rari nantes in gurgite vasto The Lords Temporal and the Commons of this Parliament were all Romanists and of what Persuasion the Lords Spiritual and their Assistants the then Judges were I leave to every man the question at that time being not matter of Religion but right of Superiority not the Church but Court of Rome And so Sir E. Cooke speaking of the first Article of the Statute of 25 H. 8. concerning the Prohibition of Appeals to Rome saith it is but declaratory of the ancient Law of this Realm And in another place The same Authority that the Pope ever exercised in this Kingdom by Usurpation was always in the King de jure With which also agrees the Lord Chief Justice Hobart That whatsoever the Pope did in this Kingdom even then when he was in his greatest height and strength was of no better force in right and justice than at the first when he was but simple Bishop of Rome which was coram non Judice and so Jus non habenti tuto non paretur 5. The Power of conferring Honors on which account he may also enable a man to assign his Surname Arms and Barony to another For as by the Laws of England all Lands within the same were originally derived from the Crown and holden of the King either mediately or immediately as Lord Paramount so also by the same Laws were all degrees of Nobility and Honor derived from the King as the Fountain of Honor. So H. 6. granted to H. Beuchamp Ut esset primus praecipuus Comes Angliae and that he should use the Title of Henricus Praecomes totius Angl c. ibid. 361. First Earl of all England c. And to the name Count or Earl which was the most ancient name of Dignity among the Saxons Edw. 3. Ang. Greg. 11. created the Title of Duke as distinct from that of Earl for in elder times they were oft synonimous with us and created his eldest Son the Black Prince then Earl of Chester into the Title of Duke of Cornwal which he created into a Dutchy and about the 18th of his Reign the most noble Order of the Garter And in the 9th of R. 2. Robert de Vere Earl of Oxford was created Marquess of Dublin And H. 6. the 18th of his Reign created John Lord Beaumont Viscount Beaumont of which Titles we find no mention in the Magna Charta 9. H. 3. for they were not at that time in being And to this yet further the Kings of England have and may at this day create a County-Palatine which none but the Emperor or a Supreme Monarch may do for whoever is owner thereof hath in that County Jura Regalia as fully as the King in Palatio Par curis solo diademate dispar So Hugh Lupus Nephew of King William the Conqueror was by him created Earl of Chester and the County given him Tenendum sibi haeredibus ita libere ad gladium sicut ipse Rex tenebat Angliam ad Coronam by which general words he had Jura Regalia within the said County and consequently a County-Palatine without express words and by force thereof he created eight Cheshire Barons So not long after his time was the County-Palatine of Durham raised And in the 10th of H. 1. the Royal Franchise of Ely In the 13th of Edw. 3. the County-Palatine of Pembroke And in the 50th year of his Reign the County of Lancaster was by him erected into a County-Palatine and by him given to his fourth Son John of Gaunt then Duke of Lancaster for life to which if any one shall say that it was De assensu praelatorum procerum Sir Edw. Coke answers for me That the King may make a County-Palatine by his Letters Patents without Parliament Add to this the three first Counties-Palatine created in Ireland by Henry the Second viz. Leinster which he granted to Earl Strongbow who had married the Daughter and Heir of M. Morough Prince of Leinster 2. Meath to Sir Hugh Lacy the Elder 3. Ulster to Sir Hugh Lacy the younger and had their Barons under them answerable to the Barons created by H. Lupus of which before Of which you may read excellent Learning
in the Case of the County-Palatine of Wexford reported by Sir John Davys at that time Attorney-General of Ireland As also the County-Palatine of Tipperary formerly enjoy'd by the Ancestors of his Grace James Duke of Ormond c. the present Lord Lieutenant of the same and granted restored and confirm'd to him by Letters-Patents at Westminster the 22. of April in the 14th of this King and not long afterward confirmed by Act of Parliament in Ireland and whence also he bears it as a part of his Titles Dominus Regalitatum Libertatum Comitatus Palatini Tipperarii Nor is this all The Kings of England have created Kings within their own Dominions and for such has the world received them So King Henry the Second in the 13th year after his coming into Ireland made his Son John King of Ireland And Henry the Third his Son Edward the First Lord of Ireland and well own'd the doing it albeit until the 33 Henry 8. they wrote but Lords themselves for their Dignity was merely Royal as having their Justices Custodes or Lord Lieutenants and all things belonging to the Royal Estate and Majesty of a King And Sir Edw. Cooke tells us he has seen a Charter made in 20. H. 6. to Henry Beuchamp Earl of Warwick whereby he was created King of the Isle of Wight and as saith Mr. Selden Crowned King of the same 6. The Power of Pardoning which is a Royal Act of Grace whereby the King either before Conviction Sentence or Attainder or after forgiveth any Crime Punishment Execution Right Title Debt or Duty Temporal or Ecclesiastical on which account he may restore a man that has lost Liberam Legem by being recreant As also all that is forfeited to him by Attainder c. he may restore by his Charter but if by the Attainder the Blood be corrupted that must be restored by Act of Parliament of which more at large in Sir Edw. Cooke Titles Pardons and Restitutions 7. To appoint the Value Weight and Stamp of his Coin and make Forein Coin currant by Proclamation As to the first we need go no farther than the smallest Piece and that will tell us whose Image and Superscription it is and therefore called the Kings Money and so King John brought the Irish Mony to the English Standard And as to the other the same Sir Edw. Coke tells us That the King by his absolute Prerogative may make any Forein Coin lawful Mony of England at his pleasure by his Proclamation And in another place putting both together he says That lawful Mony of England is of two sorts viz. The English Mony either of Gold or Silver Coined by the Kings Authority or Forein Coin by Proclamation made currant within this Realm 8. To receive Liege Homage of another inferior King or Homager and such was our Henry the Second to the old Kings of Ireland who are stiled Reges Reguli and may more particularly appear in a grant of his to Roderick King of Connaught that he should enjoy his Territory under a certain Tribute Et quam diu ei fideliter serviet ut sit Rex sub eo Paratus ad servitium suum sicut homo suus And that Oneale is sometime stiled Rex and sometime Regulus denotes the Subject-Kings of that Country And long before the Conquest Edgar had eight Reguli or inferior Kings Homagers to him who at one time row'd him on the River Dee himself guiding the Helm and afterwards glorying to his Nobility that then every one of his Successors might boast himself to be King of England when he receiv'd the like Honor from so many Kings his Attendants So Reignald Lord or King of Man Cui etiam fas erat Corona aurea Coronari and those of Ireland did Homage to our Henry the Third And John Baliol King of Scotland and David Prince of Wales to Edw. the First and James the First to Henry the Sixth for the Kingdom of Scotland So that Liege-Lord is he that acknowledgeth no Superior and a Liegeman is he that oweth Liegance to his Liege-Lord and so the word is frequently us'd in our Statutes viz. The Kings Liege-People And if such a one shall be in open War or Rebellion or joyn with a Forein Enemy against the King he shall not be ransom'd or proceeded with as an Enemy but as a Traytor because it is Contra Ligeantiam suam debitam and so the Indictment runs Such was the case of David Prince of Wales aforesaid who had judgment of Treason given against him for levying War against Edw. 1. for that his was within the Homage and Ligeance of the King 9. Lastly to bear those Titles only proper to Sovereign Princes apart from all others as being indivisible and incommunicable And here not to insist on the words Dei gratia which are familiarly seen in the Titles of the Kings of Europe and Princes of the Empire Spiritual Lords both abroad and at home have of elder times frequently us'd it in their Stiles and in a Summons to our Parliaments and Writs to Assemble or Prorogue the Convocation the King gives it to the Arch-Bishops as Rex c. Reverendissimo in Christo Patri Predilatoque fideli Consiliario nostro A. eadem Gratia Archiepiscopo Cant. c. But in Warrants and Commissions to them it is generally omitted and never us'd by themselves when they wrote to the Pope Emperor or a King but thus A. licet indignus c. Archiepiscopus or Episcopus B. c. whereby the present use of it among our selves is easily reconcil'd in that they receive the Attribute not give it The Kings of England are in the second and third person commonly stiled by that abstract of Majesty as your Majesty his Majesty which came into the Kingdoms of Christendom from the use of it in the Roman Empire the word in it self denoting all kind of special Dignity and if as we should say in English A Greatness And to peruse our Statutes from Magna Charta to our own time the most usual expressions are Our Lord the King The King our Sovereign Lord Most Excellent Highness Royal Majesty Noble Grace Most Excellent Majesty Most Royal Majesty Dread Sovereign Lord Most Gracious Sovereign and as we use it now Most Excellent Majesty and Sacred Majesty which are but the same Attribute in other words and in their own nature so unalienable from Sovereignty that they can by no process of time be Prescrib'd against or usurp'd upon neither can it at all be call'd an Usurpation as if it were proper only to God unless we as well deny Wisdom Power Clemency or any other quality to be attributed to men because those also as all else which is great or good are Primarily in him And so I have done with the marks of Sovereignty as they are generally receiv'd and now if there wanted any thing to
to the known Laws of the Land for Omnis sub Rege ipse sub nullo nisi tantum sub Deo Every man is in subjection to the King and he to none but God and so the Oath of Supremacy declares him the onely Supreme Governor of this Realm of which more hereafter when I come to speak of the Statute-Law and therefore if the King refuse to do right seeing no Writ can issue against him there is a place for Petition and if that prevail not Satis ei erit ad poenam saith the same Bracton quod Dominum habeat ultorem And with this agreeth that of Horace Regum timendorum in proprios greges Reges in ipsos imperium est Jovis And in this respect a Prince is not loosed from the Law for as much as concerneth the directive Power of it but having not the Law becomes a Law to himself as well knowing Observantior aequi Fit Populus nec ferre negat cum viderit ipsum Auctorem parere sibi 2. As to the Power of Peace and War It is the right of the King saith Fitzherbert to defend his Kingdom as well against the Sea as against Enemies which implies that it is his right to defend it against Enemies and how can he do it without the right of his Sword when if he should be oblig'd to pray in Aid of others perhaps they may be of another mind or take up so much time in the Debate that the Kingdom may be lost ere they resolve what to do And this I take to be one of the effects of Con-si-de-ra-ti-on in those matters whose good or ill fortune solely depends on Expedition and Secresie for Dangers as the Lord Bacon saith are better met half way than by keeping too long a watch upon their approaches for if a man watch too long 't is odds he will fall asleep But to proceed Sir Edw. Cooke says no Subject can levy War within the Realm without Authority from the King unto whom it only belongeth and that it was High-Treason at the Common Law before the Statute De proditionibus And in Calvin's case he makes it clear That to make Leagues or denounce War only belongs to the King who without his Subjects may grant Letters of safe Conduct and Denization and that this high point of Prerogative Royal cannot be conferred upon any other it being a right of Majesty and among the badges of Supreme Power And now one would think this were enough and yet a late Statute of this Kingdom makes it yet clearer it being thereby declared That the sole Supreme Government Command and disposition of the Militia and all Forces by Sea and Land and of all Forces and places of Strength is and by the Law of England ever were the undoubted right of his Majesty and his Royal Predecessors Kings and Queens of England and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or levy War Offensive or Defensive against his Majesty his Heirs and lawful Successors c. all which is not introductive of a new Law but declaratory of the old as may be further seen by the penning thereof And now what can be added more but the Purse without which what 's the Sword but as the Greek Proverb has it A Bow without a Bow-man For in as much as Mony is the Sinews of War and Peace firmamentum belli ornamentum pacis they that hang the Sword on one side and the Purse on the other seem to me to hazard both for neither can any sudden danger of which the King was ever thought the Judg be stav'd off nor War carried on nor the Publick Peace be long preserv'd without it And therefore on such occasions have Parliaments advis'd and assisted the King in supplying his Wants without directing him it seeming hard that he should have Power to Proclaim War and not be able to maintain it and be bound to defend his Subjects but deny'd the means Qui dirimit medium destruit finem 3. As to the creation and appointing Magistrates and Officers especially such as are not under the command of others this also resides solely in the King for besides what I have said in the last Paragraph touching his sole Power in the ordering and disposing the Militia and all Forces by Sea and places of Strength by Land His is the appointing all the great Officers and Ministers of the Realm whether Spiritual or Temporal the highest immediately by himself the inferior mediately by Authority derived from him and as it were De lumine lumen So the King appoints the Lord Commissioner and all other the grand Ministers and Officers of Scotland and the Lord Lieutenant Lord Deputy Lords Justices and all other the grand Ministers and Officers of Ireland who also but in his Kings name appoint under him according to the extent of their respective Commissions so the Kings of England have and may at this day by Letters Patents make a Prorex Locum tenens or Guardian of the Realm before whom in their absence in remotis a Parliament may be held And such was Edward Duke of Cornwal 13 Edw. 3. Lionel Duke of Clarence 21 Edw. 3. John Duke of Bedford 5 Henry 5. And the Test of the Writ of Summons shall be in the Guardians name or by Commission under the great Seal to certain Lords of Parliament authorise them to hold a Parliament the King being then in the Realm but indisposed and such was that 3 Edw. 4. to William Lord Arch-Bishop of York and that other 28 Eliz. to John Lord Arch-Bishop of Canterbury and others ad inchoandum c. ad Procedendum c. ad faciendum omnia singula c. nec non ad Parliamentum adjournandum Prorogandum c. And so are Parliaments held in Scotland and Ireland before the Lords Commissioners Lord Lieutenant Lord Deputy c. of the respective Kingdoms 4. The Power of the last Appeal i. e. from whose Sentence no Appeal lies The only person besides the Kings of England that ever pretended to it here was the Pope tho yet the first attempt ever made that way was by Anselme Arch-Bishop of Canterbury in the Reign of King William Rufus but it took no effect And the Arch-Bishop concerning himself too much touching the Jurisdiction of the Pope in England the King told him Ad Officium Imperatoris spectat c. That it belong'd to the Emperor to make whom he pleas'd Pope and that for the same reason no Arch-Bishop or Bishop within his Realm should yield any subjection to the Court or Pope of Rome and chiefly in this respect cum ipse omnes libertates haberet in regno suo quas Imperator vindicabat in Imperio That he had the same Prerogative in his Kingdom that the Emperor claim'd in the Empire And
blanch the design and however the voice may be the voice of Jacob it seldom happens but that the hands are the hands of Esau. What mischiefs did the Army of God and the Church for so they stil'd themselves in King John's time The Holy League in the time of Henry 3. of France which albeit himself entred into for the Extirpation of the Hugonoâ—s yet it was not long ere it was turn'd upon him John of Leyden and Knipperdolin in Germany The Sword of the Lord and Gideon as it was then called under John Knox in Scotland And the Solemn League and Covenant in our own times the Brands of which are it seems not so altogether extinguish'd but that they more than once began to take fire again tho the flame were prevented And do we not find that in all these a demure down look and an uplifted eye went more than half way and a mistaken violence the undisputable Character of a zeal to the cause How much therefore have the people more need of a Pendulum than Fly somewhat to moderate not multiply the motion it being here as with Gossips Tongues much easier to raise the Devil than lay him Who ever put a Sword into a mad-mans hand to keep the Peace with or entrusted an Ape to range in a Glass-shop yet such or worse must it be where the People are the Reformer who never examin what they are doing but how to run farthest from what they were last And if so what mean these new Trains to the old Fuel Jealousies Murmurings Repinings Libels Licentious Discourses false News half Whispers Disputing Excusing or Cavilling upon Directions sometimes praising the Government yet but slightly at most and that too not without some pity of Defects and ill management Ay but and a shrug It were to be wish'd but who can help it we had and may have again however a good man 't is pity and what 's all this but the blowing one up to break him or lifting him from the ground to be the surer of throwing him or is it not what the Psalmist speaks of Sagitta volans in die c. The Arrow that flieth by day and the Pestilence that walketh in darkness for tho it be not level'd at any particular mark it cannot be but that it must hit some body as being shot among a crowd and so not improperly in S. Hieroms Translation further rendred by Daemonium meridianum And truly if the Conventicles at this day as the Preamble of the Act for the Preventing and Suppressing Seditious Conventicles and Sectaries says did not under pretence of Tender Conscience contrive Insurrections why might they not be contented with enjoying their private Opinions within their own Families and any other number of persons not exceeding four But alas alas Religion is not the matter but following and Parties Is it peace Jehu What hast thou to do with peace Get thee behind me They carry 't is true peace in their mouths but their hands are making ready to Battel I 'll close this point with the double advice of our Saviour to his Disciples Beware of the leven i. e. the Doctrin of the Pharisees for the better understanding of which it is requisite that we consider them as they were that is a sort of men of the strictest Sect of the Jewish Religion appearing outwardly more than ordinarily righteous unto men but within full of hypocrisie and iniquity for they did works but to be seen of men they shut up the Kingdom of Heaven against others but enter'd not themselves they made long Prayers but under that pretence devour'd Widows houses they tyth'd Mint Annise and Cummin but neglected the weightier matters of the Law c. and therefore our Saviour calls them eight times in the same Chapter Hypocrites and their Doctrin Hypocrisie Besides as Josephus says of them they were subtil proud scrupulous such as were able openly to practise against Kings and presumed to raise War against them and among them for whereas all the Jewish Nation had by Oaths oblig'd their fidelity to Augustus these men to the number of 6000. and upwards refus'd it And truly the very word Peruschim whence the name is derived speaks little less for it comes from the Hebrew Verb Parasch which in the Conjugation Piel signifies to divide or separate in which acceptation they are by the Greeks called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Separatists And by the well observing this we shall be the better enabled to follow that other Take heed that no man deceive you for many shall come in my name and shall deceive many for there shall arise false Christs and false Prophets c. Behold I have foretold you wherefore if they shall say unto you behold he is in the Desert Go not forth Behold he is in the secret chambers believe it not What our Saviour here said to his Disciples he said to all men in them and therefore to make it applicable to our selves when any such Prophet or dreamer of Dreams shall offer us peace in the Wilderness of a Multitude and Religion in the lurking holes or covert of a Conventicle that voice had need continually sound in our ears Go not out and believe it not be as often redoubled for much better it is that we leave the Ark to shake as it shall please God than follow any unworthy hands that may pretend even a Call to support it SECTION X. A further enquiry Whether any Exclusision of his Royal Highness the Duke of York may be of more advantage or disadvantage The advantage propos'd and whether an Act for security of Religion be not as safe as a Bill of Exclusion The moral impossibility of introducing the Romish Religion tho the Prince were of that Persuasion The reason why the Kingdom follow'd the Reformation under Edw. VI. Qu. Mary Qu. Elizabeth That the case cannot be the same at this day The Crown of England an ancient Entail with the danger of Innovations Objection That such things have been done So has a King been murder'd More particularly answered in Edw. IV. Qu. Mary and Qu. Eliz. all three excluded by Parliament yet came to the Crown No man changes but in hopes of better The advantages of continuing as we are It is a bar to Pretenders The same as to Competitors Disorders avoided No new Family to be provided for The indignity of a Repulse avoided Suppose Scotland and Ireland be of another Opinion the former of which has by Parliament asserted the Right of Succession of that Crown notwithstanding any Religion c. Lastly all occasions of Jealousie taken away Objection answer'd Disadvantages that have attended the laying by the Right Heir Examples from old Rome and Vsurpations at home The Revolt from Rehoboam our loss of France With a conclusion from the whole More particularly as it relates to his Royal Highness I Am fal'n upon an Argument of which