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
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
Hebron for the Text says They went in their simplicity and knew not any thing Yet it was not to be expected that Religion alone should carry on the work or that the same old drudg Cloak should still hold out Rain without a new Lining Wisdom built her house on more Pillars than one and a mere Foundation was too hazardous for their new Jerusalem without Props and Buttresses And therefore to prevent the question Do any of the Scribes follow him there must be Hinters as well as Holders-forth Leading-men to countenance that for Law which their Assembly had predetermin'd should pass for Gospel Corah and his Companions were of the Tribe of Levi Dathan and Abiram of the Tribe of Reuben Heads of Families men famous in the Congregation Clergy and Laity dissembled Sanctity to usurp'd Authority And that their Quarrel was Government under the pretence of Religion too appears by what they said to Moses and Aaron Ye take too much upon you seeing all the Congregation are holy every one of them and the Lord is among them wherefore then lift ye up your selves above the Congregation of the Lord So Adoniah when his Father David the Kingdom of the Jews being not yet become Hereditary had caused Solomon to be Crowned King while he yet lived the better to colour his pretence to it took to him Abiathar the High-Priest and Joab the Captain of the Host And who would think it strange that a short-sighted Sand-blind Multitude should scruple to follow where such Guides lead them I have hitherto with what briefness I could accounted some slights of hand within our own memories and shall it be reckoned to our inadvertence or folly that they pass twice in the same Age That the Devil was once in the Herd we have Authority enough but that he never should quit it we hold no such Prophesie And yet methinks the Game is playing over again or else what meaneth this bleeting of the Sheep and lowing of the Oxen this talking with the People upon the Wall or making them believe that they that came into the world as Cato into the Theatre only to go out again should yet be the Saints that are to judg and inherit it why must they that carry their Souls in their Eyes and their Brains in other mens Heads be once more buzz'd with Laws Liberties Conscience Dissatisfaction or like Larks dar'd to the Net with every thing Prognostications Prophesies Prodigies c. which albeit like Mercenary Soldiers they may be brought to fight on either side yet every man superstitiously interprets them to his own advantage and lets them speak no other Language than what his wishes hope or fear put in their mouths In short we have had enough of the Arts by which the people have been already impos'd on nor will it be unworth the while if we consider of what ill consequence such or the like impressions may further be to them inasmuch also as those Spiritual Druggists give out the Commodity without garbling and vend what they please among the Rabble for staple Goods and warrantable Man as he is a rational so also is he a compound gradual Creature the way to his reason being by his sense and appetite which being disturb'd or prepossess'd how is it possible for him to take any thing aright more than for him that is out in the premisses not to be worse mistaken in the conclusion or than that a Bowl deliver'd short or narrow at hand should ever come up with the Block some Birds are whistled into the Snare others driven and Dotterils caught by imitation of such postures as others put themselves into Argus had an hundred eyes and yet was surpriz'd sleeping The evil one in the Gospel sow'd tares while the Husbandman slept and what worse effects may not such impressions have upon the multitude whose whole life is but one long slumber or at best Per pocula noctes And therefore considering them as the Athenians in the Acts ever spending their time in nothing else but either to tell or hear some new thing or taking them as they are weak in judgment but violent in will believing as they affect and presaging as they believe how easie is it to make them serviceable to any aspiring design shall be cast before them And if so how are they to be entrusted with themselves much less to be lasht down-hill especially if when we have any credit to the Poet we also allow him in the advice to Phaeton Parce puer stimulis fortius utere loris Sponte suâ properant labor est inhibere For tho they would be quiet enough if their drivers would let 'em yet if once they get the Bitt in their teeth or find the Reins lie loose on their necks they grow wild unruly seditious and no longer apt to be govern'd or ruled and as another on the like occasion Non audivere jugales Imperium prono nec sat stetit orbita coelo And therefore the Psalmist that reckons it among the Prerogatives of God to still the raging of the Sea subjoyns immediately and the madness of the People Who would have thought that Jack Cade alias Captain Mend-all in Henry 6th.'s time Jack Straw and Wat Tyler in Richard 2.'s time and their Rabbles could have done any mischief and yet they put the Kingdom into such a Convulsion that it required some time ere it recover'd its limbs And here I wonder any Citizen of London can look upon the Bloody Dagger in the dexter Canton of the City Arms and not remember the Loyalty of Sir William Wallworth then Lord Mayor of London who with his own hand knockt down Wat Tyler in the Kings presence in Smithfield and and thereby dispers'd the Rabble in memory of which action that Augmentation was first given them In like manner That of Thomas Anello or Massinello in Naples about 34 years since where so inconsiderable a thing as the Gabel on a Basket of Fruit or Fish rais'd the People into a Rebellion of above 200000 men in less than five days wherein ere it ended 't was odds but the Neapolitan Courser had for all the Bridle and Saddle thrown his Rider had not the Policy of that time thought the acquest of a disputable Crown of less concern than the setting up again a declining but popular emulous not to say pretending Family and giving it once more the opportunity of an Estate that was but too mighty in Obligations already Add to this the late Assassination of De Witt and his Brother in Holland by a wild Rabble which also had not been so easily quieted were it not natural with the common People enragedly to vent themselves on the stone that hurt them and never regard the hand that threw it And yet in all this there was no pretence of Religion but it heightens the case when that shall be edg'd in to