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A58510 Remarks upon the most eminent of our antimonarchical authors and their writings viz. 1. the brief history of succession, 2. Plato redevivus, 3. Mr. Hunt's Postscript, 4. Mr. Johnson's Julian, 5. Mr. Sidney's Papers, 6. upon the consequences of them, conspiracies and rebellions / published long since, and what may serve for answer to Mr. Sidney's late publication of government &c. Neville, Henry, 1620-1694. Plato redivivus.; Johnson, Samuel, 1649-1703. Julian the apostate.; Sidney, Algernon, 1622-1683. Discourses concerning government.; Hunt, Thomas, 1627?-1688. Postscript for rectifying some mistakes in some of the inferiour clergy. 1699 (1699) Wing R949; ESTC R29292 346,129 820

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believe the Legend for a Bible and his History for the Revelations But yet this Prince though by Conquest and Composition he got half the Kingdom and upon Edmunds Death the whole foresaw what Power the pleas of Right and Succession might have for animating an Interest in the defence of the poor injured Heirs and therefore took all the ways to ingratiate himself with his wavering People his young and unexperienced Subjects and all manner of means for preventing the Lawful Heirs for attempting for their Right sticking at neither Murder Malice and Treachery and in order to the first he made a shew of governing with more Justice then he conquered and took mildness for the best means of his Establishment and to let the Nation know he designed only to subdue them sends away his Mercenaries ships away his Navy and for a popular Specimen of an Heroick Kindness to the memory of the Saxons he succeeded as a Satisfaction to their injured Dust prefers Edricks perjured Head to the highest place on the City Gate and with that Expedient reconciled himself at once to his own promise deserved Justice and the Peoples favour and yet for securing himself from any danger from the Lawsul Heirs so politickly Cruel that all the Royal Blood felt of his Injustice sent the two Sons of his late Co-partner in the Kingdom to be murdered abroad and got his Brother to be butchered at home such an experienced truth is it that Powers usurpt Successions altered like the blackest Villanies can only be Justifyed and defended by committing more At his Death 't is true he disposed of his Crowns by Testamentary Bequest and well he might when there was so little known for Kingdoms of Feudatory Law and private Estates then far from being entailed yet in that very Legacy you can observe what Power the Consideration had with him of Right and Blood for he leaves his own Paternal Dominions Norway to his Eldest son Swayn and to his Youngest Hardicanute his conquered England considering his Mothers Blood which was Emma Wife to the late King Ethelred might as indeed it did give him some precedency to his middle Brother Harold the one having somewhat of Saxon in him the other all Dane especially if he was as some say Illegitimate tho' Baker calls him an Elder Brother by a former Wife so that upon the whole the Contest that rose about the Succession was but whether he had Right and when at last Harald was preferred 't was upon the Resolution of his being Legitimate so that here his own Inference contradicts the end for which 't was brought and instead of altering the discent shows they industriously contended to keep it in the right Channel and allowing they were mistaken in their Opinions of his Birth the Lords to make amends for their error streight on his Death fetch home Hardicanute who dying without Issue the Right of Blood prevailed again and the Saxon entred in Edward the Confessor Edmunds Son only being past by because his very being was unknown and so they can only be blamed for not seeking for the right Heir among the supposed Dead Yet when this Edward had found him out he designed both him and his Son Atheling for successive Monarchs whose very name imported Hereditary and next of kin as much as our Prince of Wales while the second Harold but usurpt upon him against the sense of the Clergy who even then lookt upon it as a Violation of the Right of the Heir and also of their Holy Rites and tho Harald suggested that Edward had appointed him to be Crown'd Historians say that it was only to make him during the Minority of this Edgar a Regent and not an absolute King and Mat. Paris speaking of Edgar Atheling in the very first Leafe of his History in these very words says that to him belonged the Right to the Kingdom of England and if Birth could then give a Right I don't see how then or now any Power can defraud a Prince justly of his Birth-right And now we 'l begin our Remarks on the Norman Line upon which the very first words of Baker are these There were six Dukes of Normandy in France in a direct Line succeeding from Father to Son and yet this Inquisitive Monarch-maker lays his mighty stress his weighty Consideration on the single Suggestion of Duke William's being a reputative Bastard be it so have we not here the Majority of six to one that succeeded 〈◊〉 Legitimately and is not these then like all the rest of their Objections against the Government rather industrious Cavil then real Argument or allowing it still is it not most impertinently applyed to his present purpose to tell us that William the Conqueror was himself Illegitimate and yet succeeded his Father in the Dutchy of Normandy And therefore must we have another Natural and Illegitimate Duke to wear the Crown of England or was the Suggestion only made because they had such a Duke in Readiness that had already run the Popular Gantlet of Ambition and been sooth'd into the Prospect of a Scepter with the false Tongues of Flatterers and Sycophants or else was the Nomination of the Normans to supersede the Fundamental Laws of our Nation And our England a Dependent a Tributary to that Crown before the Conquest these Paradoxes must be reconciled by Miracle before such a ridiculous Instance can pass for Reason or Common Sense or vindicate the false suggester from Folly and Impertinence But even here too his very Assertion fails him and this Pretender to Truth both abuses his Reader with false Application and telling a Lye For this Duke William tho' a Bastard Born was not illegitimated so as to be barred the Crown and incapacitated for Inheritance for it appears as Baker says by many Examples that Bastardy was then no Bar to Succession and by the Canon and the Law of the Church that then obtain'd the Children born before Wedlock were de facto truly legitimated if he afterward espoused his Concubine and this his Factious Assistant Hunt himself allows when the Wretch endeavoured to Bastardize the Progenitors of his Sovereign and this many Writers say was the very Case of our Duke William whose Father took his Mother Arlotte to Wife afterward The Donation to William Rufus was again clearly Testimentary which might be allowed sure to a Conqueror whose will only gave what his Sword had gotten but however as I observed above in the Legatory Disposition of Canutus the Dane where he gave his conquered Kingdom to his Youngest and Norway his Paternal Right to Swayn his Eldest to whom 't was most due so here this Third Conqueror of Old Britain observ'd the same sort of Bequest and left Normandy his Fathers Inheritance and his own to Robert to whom it appertain'd in Reason and Right both these Instances no small Demonstration shewing how the Precedency of Blood even in those days obtained and with those too whom our Factious Innovator would
have not to value it for their giving to any Son besides their Eldest what was theirs by Arms is no more than what we our selves do now by Laws and tho the Fewds now obtain and Entailments yet still what 's our own by purchase is unconfined and not ty'd to descend by Primogeniture but at an arbitrary Disposition of the Lord and Purchaser and which is commonly disposed of too by the Father to some of the Younger Sons and a Conqueror that purchases all by Blood and Wounds must needs be allowed as much Liberty as the Miser that obtains it by his Wealth or a Land Pedler that buyes his purchase for a Penny But tho this might be a warrantable Donation yet you may observe as if the donor had not been in it altogether Just so it never at all prospered with the Donee the very Gist it self like Pandora's Box was most fatal to those that received it a Vice like Virtue is oft a Punishment to it self as that other a reward the not suffering the Crown to descend by entail entailed what was worse a War and both Brothers assault the Testamentary Usurper at once as looking upon it notwithstanding the specious pretext of a Will but a plain wrong and where this prejudiced Historian makes this Rufus to rely on the consent of the Nobles for the Confirmation of his Fathers Will 't is evident he only called them together that by Largesses and Corruptions fair Words and Promises he might win them from assisting his Brother Robert whose Right he feared notwithstanding the advantage he had by his Fathers Will might make the Game that he had to play more than even or give Robert the better by their deserting this Rufus And that notwithstanding all his Artifices they did and Odo Bishop of Bayeux leads the dance and notwithstanding says Paris that he was their crown'd King their sworn King and they must be perjur'd for it they raised a War against their King William and set up Robert the First-Born for their King all declaring the Right belonged to him and this the Opinion of several of the Nobility Lords Spiritual and Temporal Persons alway I fancy qualified to recognise a Right if Religious or Lay-Judges could decide it and so well assured were they of the goodness of the Cause that they conspired for it rebelled and were banisht for it success not always attending a good Title no more than it can Justify a bad And at the last the most unfortunate end of this Testamentary Prince may serve somewhat at least to discourage the Religious from invading of a Right tho it may not the Politician and for the Injury he did all along to the Right-Blood Providence seemed to bring upon his head his own and sent that sort of an Usurper too to the Grave with the fate of Tyrants not with a common dry Death but in his own Gore and he that had held the Scepter but with a pretended Right by this disastrous Death gave an opportunity to a perfect Intruder that had none at all Henry the first who being in new Forrest when his Brother was killed did not stay long to consider the disaster or to get the Carcass Coacht home instead of Carted but rides to Winchester seizes the Treasure and that soon helpt him to put on the Crown The Purple Robes soon followed those Golden Regalia and the Power absolutely Usurpt will irresistibly force a Coronation but tho Crown'd he was a good Author says who liv'd and wrote then as great men then sent for Robert promised him his Right and as resolutely stood by him too and well they might when he had been debarred his Birth-right once before and besides the Right of Blood had refused his Assignation his early Pension and had compounded for his own Kingdom which he had so much Title to without the Composition But Mat. Paris tells us in the first Lines of this Kings Life that the Nobility were utterly Ignorant what was become of this Robert Duke of Normandy but that when he sent privately to them in England Letters alledging his being first Born and that for that very Reason he declared the Right of the Kingdom belong'd to him assoon as they heard those Allegations of his unanswerable Right promised him their best advice and to lend him their Assistance which they did too and Robert came over forc't his Brother to a Composition for 3000 Marks yearly and at least made the Vsurper but a Tributary King and all the Argument out of this Reign that our Elector here fetches for his making our English Monarch a King of Poland is this Usurpers courting the great Council to confirm it to his Son but so would a Cromwell the Parliament for the Succession of his Son Richard and sure such Creatures have need to anticipate all sorts of security for their Sons Succession that have gotten all their Right by Anticipation of anothers or absolute wrong but the parallel holds still between that antient Usurper and the more Modern I mentioned they both felt their Consciences prickt in their unjust obtaining of a Kingdom they both feared the Judgments of the Almighty both as unhappy in their designed Heirs one born to be Drowned the other to be a Fool and as their Fame stunk above Ground so did both their Bodies before they went under and Paris tells us the first committed Murder after he was Dead and poysoned his Doctor before they could get him down into the Dust tho he smartly observes this was the last among the many this good King Henry had destroyed The last remark I shall make on this Mans Reign is but what this malicious Historian has made very Remarkable and that is from an Author that he cites for saying that this Robert had discovered too much of the Cruelty of Disposition of his averseness to the English Nation and his proneness to revenge and this Character must be most Emphatically markt out that they might not miss of his meaning another Duke a Prince to whose Valour and Conduct the Wretch ows his Freedom from a Forreign Yoke and the Nation her safety and security and so far does his malice transport the Sot that he falsisies for it the very Latin he translates Perversus contrarius et Innaturalis He makes cruelty of Disposition and for Proneness to revenge not one Syllable in the whole Citation and then besides the words of the Author he cites are the same verbatim which this Henry the first used against his Brother when he makes a Speech to his Nobles to make him odious from whom this Author I believe borrowed it and his as meer revgene ful malice to the Duke of York as that against Robert the Duke It is here evident that this Gentlemans Principles and Perswasions are clearly Democratical and writ with a perfect design to please the People as plain as if the rabble beast the Monster Mobile were seen sawning
State to which after so long and preliminary Impertinence that half the piece is made a Preface the Courteous Traveller is at last arriv'd And first he begins with their old Factious assertion that the Soveraign power of England is in King Lords and Commons making his Majesty but one of their three States we all know when this pernicious principle was first set a foot what it terminated in BLOOD and that in the Destruction of the best of Governments with the best of Kings we quickly saw when once they had made their Prince Co-ordinate they soon set up their own Supremacy and then assoon made him none at all Did this prophetick Daemon foresee from his Astrological Judgments that his House of Commons were drawing another Scheam of Rebellion and that they had prepar'd a draught of a second Covenant not only for making our King Co-ordinate but Leveling the Monarchy with the Ground yet'twas convincing enough to me before that the broaching of the very same principles did as really design the same subversion of the State this Plot might as well have been seen in 80. when this Author and as great Incendiaries appear'd in publick and so popular and well might a late House of Commons animadvert on our Judges for suppressing such Seditious Libels which were so Zealously kind and impudently bold as to set up their Supremacy it had been ingratitude not to stand by those Villains that for their sakes had forfeited their Necks This very same Principle of the Subjects Soveraignty was Printed and publish't in 43. preparatory for the Covenant which the Commons had then call'd for out of Scotland and up rises this Ghost again in 81. as if even then it had heard for Spirits are very Intelligent of an Association talk't off in Parliament but I 'll tell him in short why the Soveraign Power of England is not in King Lords and Commons because King Lords and Commons are not all Soveraigns may not our Monarchy be call'd Mixt in Opposition to its being Absolute and Tyrannical without making it a meer Hotch-potch that if our King will have any thing of his right of a Soveraign power he must put it in Medley with that of his Subject as our Sisters are oblig'd in Co-parcenary But tho he take his Treasonable Maxim for Reason and Truth without shewing the least Law or Reason I shall shew him from all of them that it is both Irrational Illegal and a Lye First 'T is against Reason to Imagin there can be three such Powers Co-ordinate to make up one Soveraignty and that our King can at the same time pass for a Monarch for Soveraignty is inseparable from a King and that 's the Reason without doubt we promiscuously call him our King or Soveraign and if our Lords and Commons will assume it they may ee'n take the Crown too we saw how the participation of a Soveraign power tho it was but in a shadow and that by him that had a better pretence for the Soveraignty then all the Common Subjects can have by being the Crowns Heir was like to have unhinged the very Monarchy it self in the Reign of Henry the Second and rais'd such Commotions in the State till it was almost overturn'd And I am sure we have found and felt that this Co-ordinacy of their three States terminated at last like the participation of that Co-parcenary Prince into an insolent demanding of the whole and what they had made but half the Kings they soon made all the People's until the Government was quite run of the hooks and the Nation engaged in an unhappy War and a down-right Rebellion Does not the very Etymon of Monarchy it self express the sole Soveraignty of that Government they would make so preposterously Mixt and even Archon alone which was the next Titular Appellation the Loyal Athenians gave to the Son and Successor of their Matchless Codrus only because they thought that no Succeeding Prince could deserve the Title of Tyrannus which they made to terminate with him only because they presum'd his goodness 〈◊〉 imitation Tyrant then was not apply'd as some of our Inveterate Traytors have done it since in it's Corrupted sense tho to the most merciful King for a Tarquin or Caligula yet even this word Archon without addition of Sole that Moròs that has since succeeded to make it Monarch was then an Absolute Government of one amongst the Athenians and continued so in the same Family for a long Season till at last by popular encroachments it was made Annual and this Contender for this Co-ordinate power of the People has expos'd his Damnable designs so plainly to his Disputants that his own Conscience and Soul up-brai'd him for the Villany and makes his Venetian interrupt him for making an English Monarch but a Duke of Venice tho the Doctor the Pontaeus of the people that sucks up all the Poyson of Rebellion like that of Toads only for the Tryal of his Skill and then thinks to cheat the Devil with an Antidote He politickly opines however that he has made him too Absolute if ever there were a medley of more Malitious Villains 〈◊〉 to Libel a Government I 'll forfeit my Neck too it as well as they Heaven and Hell must be reconcil'd which without a Recantation will be so for their Confusion before these their Contradictory defamations can be made consistent But in this the Politick Rebels agree to secure an Odium upon our Monarchy in both extreams and making the most opposite Objections serve for one and the same purpose it 's absoluteness and Tyranny must make it all Bug-bear formidable frightful at the same time that their holding the Reins shall render it all Hobby-Horse Ridiculous and Contemptible Secondly I 'll shew that this their confounded principle of perfect Confusion is not only against the Fundamental Law of the Land but against the sense of every Law that ever was made in it Every preamble of an Act and that ofevery Proviso there runs with A Be it Enacted by the Kings most Excellent Majesty by and with the CONSENT of the Lords Spiritual and Temporal and the Commons in the present Parliament Assembled And then let any sober person Judge where lies the Soveraignty would it be suffer'd to be thus exprest were they not satisfy'd they were not all Soveraigns or if they were ought it not according to this Rebel and Republican run We the King Lords and Commons Enact but I 'll let him know how and what the Libertine would again have that Enacting part of an Act of Parliament to be tho the Politick Knave fear'd it was too soon yet to declare plainly for an Usurpation viz. Be it Enacted and ordained by his Highness the Lord Protector Or the Parliament of England having had good Experience of the Affection of the people to this present Government by their ready Assistance in the defence thereof against Charles Stewart Son of the Lale Tyrant and
possibility of being Supream The Supposition sounds somewhat like the Song of the Children When all the Land is Paper c. Tho it spoils another good Proverb That no Man dyes without an Heir but the silly Souls do not consider that by the same Solecism and Supposititious Reason not a Subject has a Right to a Foot of His Land For the Law says All that is in England belongs to the King as Lord which if the owners dye without Heirs must escheat to the Crown and sure 't is as possible for any Subject to dye without Heirs as his Soveraign when the Law has taken special Care for them and then 't is but turning their possibility of a Right into an actual one and they will be the most obliging Subjects to the Crown that bring such Arguments against it Another of Pryn's pretty Paradoxes is the very same with Hunt's impudent Assertion I may with Modesty call it so since himself says he dares to be so bold to assert it It is that our Kings anciently always consented to Bills offered for the publick good and the Postscript that never any Bill was lost or wanted the Royal Assent promoted by the GENERAL DESIRES of the People That Bills have been rejected they 'll find upon Record and in the Journals of almost every Session and whatever is presented in Parliament must be supposed the Desires of the People who Sit themselves there in Representative but the mistaken Gentleman meant it of the Bill of Exclusion to be the Peoples General Desire but that at last he finds a Lye too and that the Generality have for the most part protested against it in Addresses declaring more the Sense of a People than a prevailing Party in an House of Commons when the best part of the Nation too the Lords did not concur But did not in Queen Elizabeth's Time and that even so lately the Parliament and even every Individual in the Nation desire her to declare her Successor I am sure with greater Sollicitation and a more general Unanimity than they could be said to desire that Exclusion of the present King's did not the two Houses offer her four subsidy Bills upon that very Consideration and she as resolutely reject both And could the refusing to shew even a Kindness to her next Successor upon the importunity of all her People with Money in their Hands be less resented And shall the King for declaring only against a Bill that was never tendered him for declining to concur in this deepest Injury to his own BROTHER and Heir and to pleasure those only that denyed to part with a Penny be reproached and condemned so much more Did not the Parliament tender to King James three several subsidies to break of the Match with Spain and the Treaty of the Palatinate and he refuse tho tempted with what is seldom the Subjects Bait Money How many Bills of Rebellion did the Mutinous Members and that in the Name of all the People prefer in their Propositions to our Martyred Soveraign to which the poor Prince prefer'd the most Ignominious Death rather than condescend with his Veult or Avisera Base Caitiff forgive but your own Billings-Gate should these neither have wanted the Royal Assent because offered in the name of all the People of England and as the general Desire of the Subject if that Suggestion must have extorted his Assent then mighty Miscreant he must have past an Act for his own Tryal Sign'd a Warrant for his Murder for in that name he was Arraign'd in that name he was Sentenced and in that he dyed Poor prejudic'd Soul whose discontent and Transport makes his own Maxims undermine the very Cause he would defend Is then this general desire of the People such an absolute infallible Determination of Matters of Religion and Descent of the Crown the very only points he labors for that if their Desires be but promoted put up in a Parliamentary way by Bill or Petition it must presently oblige the Royal Assent Be it so base Creatures your own Arguments as basely betray your own Religion your own Arguments will help truly to subvert that which you seek to Establish with such a furious but false Zeal for ought I know the Protestant Religion had been so setled in its Infancy in its first Reformation in the Reign of him that was the first Defender of our Faith that it could never have been so soon interrupted with a succeeding Persecution had but Henry the Eighth refused the Bill of the Six Articles prest upon him by both Houses this was Judged a just and necessary Bill from Hunt's General desire of the People but had it not been better had it not saved the Blood perhaps of all the mighty Book of Martyrs had the sturdy Prince rejected this as he did many other general Desires It was this Royal Assent alone which would to God it had been wanting And this Sycophant would have wish'd so too did he really love the Religion he so salsely labors for It was the Le Roy vult the Result of the Peoples importunity that then establish'd Popery by a Law which had it been but then neglected that new moulded Mass of Idolatry standing upon its last Legs had quite languish'd dropt into the Grave and been buryed in the Ruins and Rubbish of its own Idol Houses they demolish'd For in the latter end of his Reign so enraged did he seem against some Persons of that Perswasion that he acted as if he would have executed their very Religion hanging up some iCarthusians even in their Habits and mmured nine Monks in their own Monastery where they dyed This was it that so settled what they call Superstitious Worship that it survived the short liv'd Reign of the pious Edward and in Spight of all his providential care for it's exterpation run only like the Guaronne that Miracle of a River in one of their Climates of Popery if their Histories of their Country be not Legends too only through a little Province in silent darkness underground but rose again and that with greater rage in the next Region This good Kings Laws about Religion would never have been so soon repealed the Commons House never have been so forward as the Divine Doctor whom themselves have thankt for it does make them for the sending up a Bill for the punishing all such as would not return to the Sacraments after the old Service Had the Six Articles been but past by in stead of being past into an Act they would have had no such Service to return to they would have been Strangers to Rome and it's Religion and tho they were repealed in Edward the Sixth's time his Fathers ratifying them made them take such root that his short Reign could never Eradicate that left so many Catholicks in the Kingdom that Commendone the Popes Legate might well come over to reconcile her Highness's Crown to his Holyness's See And here
such States-men whose Politicks are best understood from the Measures they take and who seem many times Fools in the dark till they disclose themselves to be the greatest Villains When I saw him settled for Excluding the Crown 's Heir we soon saw the meaning of Presumptive which before seem'd in so great a Man a little nonsense But I can tell them of one-sense more it might have had That is the Duke was but his Presumptive Heir because he presumed he should Destroy him Some men of the Law would laugh at such Sophisters of the Faction And truly they even at themselves should they maintain the Youngest Son in Burrough English was no Heir Apparent who can be dispossest by latter Birth as well as a Brother or Collateral but it was the want of his Lordships Law that made him abound with so much Sophistry and so little Sense For my Lord Coke lets us know that a Collateral Heir is as much an Apparent one as the Eldest Son but only this says he is not within the Statute Tho as great a Judge and as good was not so Dogmatical in this point who as he had Reason so he left room too for doubt tho the Quaere in his first Edition has been very industriously omitted in the second I have been the longer upon this to let the Divine see that he may be much out in his Law and that tho he would have Excluded the late Collateral Heir from his Oath of Allegiance his preservation might have been brought in within the Statute of Treason and the Doctor if he pleas'd might be Hanged for him as well as Perjur'd 'T is pretty pleasant to me to Observe how men of these sort of principlescan prevaricate for the Promoting of their own Cause and the Divinest of them all run to the Devil with a Lye in their Mouth at the same time they in their Conscience believe the contrary to be true No Soul Living but will believe this Libeller when so near Ally'd to the Gentleman of the Law we so lately left would entertain assoon the Damnable Doctrin of a Muggletonian as dispense with the belief of a Divine Right since his Associate in their Hotch-potch of Scrible Hunt has rendered it altogether as Devilish yet what that Lawyer won't allow this Body of Divinity is forced at last to prove viz. That even the Roman Emperors Reigned with a Right Divine and that all their Empire was Hereditary and this he is seriously bound to maintain too as the only Basis and foundation for his Rebellious Book so that these prevaricating Jugglers with a turn of an hand can make the two several Extreams serve for the same purpose when it will make for their Cause they shall make those Crowns Hereditary whom all Authors and all the World acknowledge Elective let it but cross the Interest of the Faction the same pens shall prove you a most Elective Monarchy from one absolutely Hereditary The Roman Empire was certainly from Caesar their first to this Julian himself and even the very last of their Emperors uncertain in it's Succession sometimes a Right Heir would interpose or an adopted one but still either set up by the Souldiers or depended upon their permission And how it could otherwise well be no man can well imagin when their standing Armies were continually in the Field and a new Monarch commonly created with a Shout and Salutation of a Legion so uncertain was their Succession that they seldom had so much as Certainty for their Lives Look upon the List which I have leisurably examined and you 'll find from Caesar that was stab'd in the Senate to their Apostate Julian whom they would have a Christian assassinate in Persia I am sure half if not more were Murdered or destroy'd by some prevalent Faction or a mutinous Army and most of the Purples they wore were dy'd in their own Blood Julian's Caesars are just as well apply'd here to the Succession of our Prince of Wales as the Postscript has the Confirmation of the Prince of Wales to prove the Legislative of the House of Commons On the other side our own Monarchy for fifteen hundred years Hereditary and that to be proved from all Chronicle and History have the same sort of Pens and whom this Author vindicates too with his own endeavoured to make merely Elective I can't resolve this Spirit of Contradiction into any thing less than an absolute Conspiracy among themselves for the Vindicating rather Pagans and Infidels the Government of Rome or Constantinople before the Constitution of our Church or the Establisht Monarchy Upon the Publishing this pernicious piece and its falling into my hands I remember tho not much read in the History of the Church or the works of a Socrates or a Sozomen that I had casually lighted in one of them heretofore upon the passage of Jovian's this Apostat's immediate Successor being saluted Emperor where the pious Prince told them he would never Reign over Pagans upon which they Reply'd they were all Christians and as such had submitted and not opposed the Government of a Julian because their Lawful Emperor a President so directly contradictory to those he brings that it was a sufficient Prepossession to me against the profest Sincerity of the piece Paganism is as much obliged to this Apostate Church-man as the Christian Religion has receiv'd from him the greatest disservice he represents to us in several places his Pagan Emperor even with the Meekness of a Moses and with such a command of Spirit and Temperament of mind as if he would have him rather Worshipt as a Saint than Curst for a Persecutor he makes him to take Reviling patiently as if he 'd let us know he also could imitatehis Christ who reviled not again with such mollifying expressions in several places to the very reproaches of the meanest as if he would recommend the admiring of him for an Hero which makes me remember his dying Words I met with once in Ammianus Marcellinus so full of Magnanimity and all the highest Expressions of a Moral Vertue that of an Expiring Pagan he seem'd to me the most like a dying Christian But on the other side those Pious Souls those Glorious Martyrs fam'd for their Primitive Meekness and Moderation that in the midst of Tortures have accounted it worthy to suffer for the sake of their Saviour blest their Persecutors in Groans in imperfect sounds and unarticulated accents of Agony and Anguish that tir'd the Invention of their Tormentors as well as baffl'd their Tortures and with exalted Affection of Spirit Triumph'd in the midst of Flames These has he 〈◊〉 represented for the most Malicious Seditious and Rebellious Brood of Christians that ever breath'd under any Government altogether Pagan What good the Protestant Religion can receive from such a Representation of the Primitive Christians must be in pleading prescription to a warrantable Rebellion and what Obligation Christianity it self has
Barbarous Nations that have no other jurisdiction but what is Paternal the question is not what jurisdiction those Parents have that are Subjected to the Laws of a Civil Society but what they have by those of nature and 't is as absolute a lye when he says 't is not abated by the Soveraign power for were it not the Parent had a power over the life of his off-spring as the Patriarchs had of old and some Barbarous Nations that are at present unciviliz'd And for the Statute of the 25 which Mr. Hunt brings as an Argument against it because 〈◊〉 is not made by that petit Treason is as pertinent perhaps as ifhe had told us that every Father of a Family was not included in that of Edward the first that settles the Militia in the King for sure 't is not possible to suspect how they can be considered asso many Soveraigns in the very Civil Sanctions that establish a much more 〈◊〉 Soveraignity whose Supremacy in their several Families is founded on the Law of Nature tho we have seen that they are confirm'd too by the general Laws of Nations and the Hypothesis favour'd from our own But as it is impertinently applyd to this purpose so is it as falfely infer'd from that Statute for tho Parricide be omitted and the Judges by that act restrained to interpret its extent from the paty of reason or à Fortiori yet no Man in hissenses can imagin that it was therefore omitted because there was no Relation of Subjection or Soveraignty between the Father and the Son when a Master and a Servant are exprest in the very Letter of the Law when a Prelate and a Priest a Husband and a Wife And is it not against Sense to imagin a Man has not as much Soveraignty over his Son as over his Wife that sits always with him as his Equal and to whom our Courtesie of England gives the Precedence and the Laws of the Land make but one as well as those of God and if the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Impetus of Love and Affection will supersede the Servitude and Subjection I think that by Mr. Hunt's leave is more abundantly exprest to the Wife especially in that point upon which he himself puts it the work of Generation And can it be imagin'd that even a regular or secular Priest whose Subjection to his Primate or Rector is only the result of the Statutes of the Society or the resolution of the Common Law can denote more Soveraignty then the Filial Obedience required by the Laws of God Nature and Nations the citing this Statute of Edward for having omitted the making Parricide Petty-Treason because it argues they had no opinion of the Soveraignty of the Father is the greatest Argument that they had for since they have suppos'd a Soveraign Power which from the suggestiing of such an Argument here themselves do seem to allow and tacitly to Confess in those Authorities the Destroying of which is made Treason by this Act they 〈◊〉 conclude a greater So veraignty to reside in him that has really a GREATER POWER then those that in that Act are exprest for were it 〈◊〉 any impartial Person living Whether a Man has not a greater Power over his Son then his Wife or Servant it would soon be resolv'd that he has he being impower'd only from some civil Constitutions to govern the latter but the former from the Laws of Nature and Nations both so that in Common Reason and Common Equity Parricide must be concluded in the Chapter of Treason according to the receiv'd Rule of Natural as well as Artificial Logick that every greater Crime must be Punishable by that Law that punishes a less of the like Nature and the true Reason why in this very Case the Judges do not make the like Conclusion from the Similitude or Aggravation of the sin is as my Lord Coke Insinuates because the words of the Act it self declare that nothing but what is their 〈◊〉 and exprest shall be 〈◊〉 〈◊〉 but even that very Act foreseeing they might have 〈◊〉 several things that by the same parity of Reason might be included does provide with a sort of reserve that at any time the Parliament might make it more Inclusive and I dare Swear had it it been propos'd to any Session that has sat since the Statute was first Enacted whether by Parity 〈◊〉 was not fit to be made Petty-Treason not a man of Sense in the Senate but would have consented And this Construction of a Parliament is what Mr. Sidney himself forsooth so much rely'd upon who if they will but put upon this branch of the Statute according to his own words a construction agreeable to Reason or Common Sense must conclude that he certainly is as much a Traytor that Murders his own Father as the Servant that kills his Soveraign Master or a Priest that makes away with his Lord the Prelate But besides if this Letter of our Law does not include the 〈◊〉 of the Parent in Petty-Treason yet the 〈◊〉 of my Lord Coke upon this Case will go near to conclude it for he says 't is out of the Statute 〈◊〉 the Son serve the Father for Wages Meat or Drink or Apparel and I cannot see how any Son till he is Emancipated by 〈◊〉 or Marriage or the like can be said to be any other then his Fathers Servant and that for all four for as the Father requires of him filial Obedience so he can and they Commonly do Command their Sons in the Offices of Servants and that Arbitrarily in whatsoever he pleases and find him accordingly the fore-mention'd necessarys to the performance of his duty and above all this it is the opinion of a good Historian recorded by my Lord Coke that before this Statute Parricide was Petty-Treason by the Common Law and then what will become of Mr. H. Triumphant Appeal to the Laws as well as his impertinent applycation to Reason and before this Statute too such a signal sign of Soveraignty was supposed to reside in the Father of a Family That it was Petty Treason too to 〈◊〉 or 〈◊〉 the 〈◊〉 or Signet of the Lord of the Family wherein he liv'd a Signature of Royalty indeed and almosta mark of Majesty it self and the Reason my Lord Coke resolves it into their own omission of this Reasonable part of the Statute is so far from the Postscript impertinency of the Parliaments opinion against the paternal Power that he says those Law makers could never imagin that any Child could be guilty of such a sort of Barbarity and seems to insinuate the pretermission to have been the result of such a probable piece of presumption and that I remember was the very reason among the Romans that there was no punishment for such a sin as superseded a Sentence They had a Law supposed to be made in 〈◊〉 Caesar the Dictators time against those that attempted