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
A DISCOURSE OF Monarchy More particularly of the IMPERIAL CROWNS OF England Scotland and Ireland According to the Ancient Common and Statute-Laws of the same With a Close from the whole As it relates to the Succession of his ROYAL HIGHNESS JAMES Duke of York DEUT. 4.32 Interroga de diebus antiquis qui fuerunt ante te ex die quo creavit Dominus hominem super terram c. LONDON Printed by M. C. for Jos. Hindmarsh Bookseller to his Royal Highness at the Black Bull in Cornhil 1684. To the most Honorable JAMES Duke of ORMOND c. Lord Lieutenant of Ireland May it please your Grace IT was a saying of the late Earl of Ossory Lord Deputy of Ireland your Son at what time he deliver'd up the Sword of that Kingdom to the Lord Lieutenant Berkeley Action is the life of Government Common experience tells us Usefulness is the end of Action and without which like a Glass-eye to a Body a man rather takes up a room than becomes any way serviceable The sense of this put me on those thoughts I herewith present your Grace and unto whom more fitly than to a Person in the defence of which few men sate longer at Helm or suffer'd more You that hung not up your Shield of Faith in the Temple of Despair and never seem'd more worthy of the great place you now fill than when farthest from it Nor am I in the so doing without some prospect of advantage to my self in as much as if the censuring Age shall handle me roughly on this account under your great Patronage I shall fight in the Shade And now my Lord I was just breaking off when it came into my head that I had in some of our late pieces found Sir Edward Coke often quoted especially to the defence of those Notions which had better slept in their forgotten Embers and therefore I thought it not altogether forein to the matter that I us'd the words of S. Peter 2 Pet. 3.16 touching S. Paul's Epistles In which saith he are some things hard to be understood which they that be unlearned and unstable wrest as also they do the other Scriptures to their own destruction I have purposely made use of him in many places as an high Assertor of Monarchy and Prerogative Those that find him otherwise Habeant secum serventque Or let him lie indifferent my Argument depends not singly on him which I humbly took leave to advert and am May it please your Grace Your most Obedient Obliged humble Servant John Wilson THE CONTENTS Sect. I. THat Monarchy or the Supreme Dominion of one person was primarily intended by God when he created the World That it is founded in nature As consonant to the Divine Government And of Divine Institution Acknowledg'd by Heathens as well as Christians 1 Sect. II. That Adam held it by Divine right Cain a Monarch By the Kingdoms of the most ancient Gentiles not God's but Monarchs were denoted That the origiginal of Power came not from the People by way of Pact or Contract The unreasonableness and ill consequence of the contrary Noah and his Sons Kings A Family an exemplary Monarchy in which the Pater-familias had power of life and death by the right of Primogeniture Examples of the exercise of it in Judah Abraham Jephthah Brutus Vpon the increase of Families they still continued under one head Esau. The four grand Monarchies Ancients and Moderns universally receiv'd it as precedent to all other Governments 12 Sect. III. That all Governments have a natural tendency to Monarchy Their several Forms and Rotations Of Aristocracy Democracy Tyranny to be rather wisht than either Examples of Athens and Rome the first Consulate Their Tribunes several Seditions Marius and Sylla Crassus Caesar Pompey The two latter divide Caesar complemented to Rome by the Senate The Triumvirate their Proscriptions and breach No peace till Monarchy restor'd under Augustus The sense of those times touching this matter 34 Sect. IV. That the Kingdom of the Jews was a Supreme Sovereign Monarchy in which their Kings had the absolute Power of Peace and War and were Supreme in Ecclesiasticis And an Answer to that Objection That God gave them a King in his wrath 62 Sect. V. What is here intended by a Supreme Monarchy The marks of Sovereignty as the Power of making Laws and exemption from any coactive obedience to them The Power of Peace and War c. That the Kingdoms of England c. are Supreme Imperial Monarchies Those two marks of Sovereignty and seven others prov'd to be no other than what has ever been the undoubted Right of the Kings of England The Kings Sovereignty by the Common Law The like from the Statute Law Power in Ecclesiasticks And that they have justly used those Titles of King and Emperor and that from ancient times and before the Conquest 67 Sect. VI. That the King is none of the Three Estates in which two preliminary Objections are examin'd by Reason and answered by the manner of the Three Estates applying to him What the Three Estates are To presume him one of them were to make him but a Co-ordinate Power The King cannot be said to Summon or Supplicate himself How will the Three Estates be made out before the Commons came in With a short Series during the Saxons to the latter end of Henry III. in all which time they are not so much as nam'd as any constituent part of a Parliament And the time when probably they first came in to be as they are at this day one of the three Estates That the Lords Temporal were never doubted but to be an Estate Four reasons offer'd that the Lords Spiritual are one other Estate distinct from the Lords Temporal and one Act of Parliament in point With other Authorities to prove the Assertion 181 Sect. VII Admitting what has been before offer'd wherein has our present King merited less than any of his Royal Ancestors with a short recapitulation of Affairs as they had been and were at his Majesties most happy Restauration and that he wanted not the means of a just Resentment had he design'd any 181 Sect. VIII That notwithstanding the hard Law of the Kingdom the Jews paid their Kings an entire Obedience Two Objections answered The like other Nations to their Kings A third Objection answered The Precept of Obedience is without restriction Examples upon it Nor is Idolatry any ground to resist much less things indifferent The example from our Saviour in Instituting his last Supper Least of all is injury with the practice of Holy men of old in like cases And that if any ground were to be admitted that would never be wanting 189 Sect. IX The Arts of the late times in working the People from this Obedience It was to be done piece-meal The Kings Necessities answered with Complaints Plots discovered Fears and Jealousies promoted Religion cants its part Leading men some to make it Law others Gospel The examples of Corah c.
And in another of the same Kings it is called The most Royal Estate of your Imperial Crown of this Realm and the same word Imperial made use of ten other times in the same Statute to the same purpose And with this agrees the Statute of Ireland where in express words also the Kings of England are entituled Kings and Emperors of the Realm of England and of the Land of Ireland and that too five years before the Title of Lord of Ireland was altered into King And by the Act that so alter'd it it is called The Majesty and State of a King Imperial And so in the first of Qu. Eliz. English in which the Oath of Supremacy was enacted the Crown of this Realm is three times called Imperial And in the third Chapter of the same year as often And in the 5th of the same Queen that requires all Ecclesiasticks Graduates in any University or Common-Laws Officers of Court Attorneys every Member of Parliament under the degree of a Baron to take the said Oath of Supremacy before he enter the House or such Election to be deemed void calls it The Dignity of the Imperial Crown And the Act of Recognition of King James uses the same expression of Imperial four times And upon a like ground of mere Supremacy was that Act of Scotland before the Union of the Crowns wherein 't is said Our Sovereign Lord his full Jurisdiction and free Empire within this Realm Scotland And the late Oath or Test prescribed to be taken by all persons in Publick Trust in that Kingdom declares the Kings Majesty the only Supreme Governor of that Realm over all persons as well Ecclesiastical as Civil And the Act of acknowledging and asserting the right of Succession in that Kingdom calls it the Imperial Crown of Scotland In all which matters I have been the more particular that I might the better evince my Reader that this Independent Sovereignty and Supremacy of the Kings of England c. has not been the opinion of any one time but the general consent of all and that our Kings hold their Crowns in chief from God and owe no precarious acknowledgments to the courtesie of the People Nor is the Kings Immediate Personal Originary Inherent Power which he executes or may execute Authoritate Regiâ Supremâ Ecclesiastica as King and Sovereign Governor of the Church of England to be less consider'd it being one of those flowers which make up his Crown and preserve it in verdure And here I question not but it will be granted that the King is the Supreme Patron of all the Arch-Bishopricks and Bishopricks of England as being all founded by the Kings of England to hold Christi Baroniam excepting that of Soder in the Isle of Man which was instituted by Pope Gregory the Fourth and may perhaps be the reason why the Bishop thereof hath neither Place nor Voice in the Parliament of England and so were at first donative Per traditionem annuli baculi Pastoralis by the delivery of a Ring and the Pastoral Staff or Crosier And the Bishop of Rome persuading Henry the First to make them Elective by their Chapters refused it But King John by his Charter recognising the Custom and Right of the Crown in former times by the common consent of his Barons granted that they should be eligible as least doubting he had so far lockt up himself as that he might not be receiv'd to disapprove or allow for before that I find That when he had given a Conge d' eslier to the Monks of Canterbury to Elect an Arch-Bishop and Pope Innocent the Third notwithstanding the Kings desires of promoting the Bishop of Norwich to it whom also they had Elected had under a Curse commanded them to choose Stephen Langton with which for fear of Excommunicacation they comply'd the King banishes the Monks as Traytors and writes to the Pope that he had subverted the Liberties of his Crown by which it appears that he lookt upon himself as the Supreme Governor of the Church of England and that no Arch-Bishop or Bishop could be put upon him without his consent and what advantage the Kingdom got by this Usurpation may be gather'd from the effects when after a more than six years Jurisdiction the King Depos'd and a free Crown put in Vassalage it only open'd a way to those future Broils between him and his Barons which lasted all his time and wanted no fuel to feed 'em till towards the latter end of his Son men began to stand at gaze and as infatuated or startled at they knew not what thought it more safety to look on than lend a hand to master it nor had they fully resolv'd what to do until the Pope having demanded Homage of Edw. 3. and the Arrears of one thousand Marks per ann for the Kingdoms of England and Ireland which had been also demanded in the 3 of Edw. 1. and in case of non-performance threatned to make out Process against the King and Kingdom then at last the scales fell from their eyes and as men got out of a dream they began to consider what they had startled at and as an argument of their recovered Senses the Lords Spiritual by themselves the Lords Temporal by themselves and the Commons by themselves unanimously resolv'd and declar'd That the King could not put Himself his Realm or his People in subjection without their Assent and albeit it might it is as saith Sir Edw. Coke Contra Legem consuetudinem Parliamenti contrary to the order and custom of Parliament because it is a disherison of the King and his Crown after which to avoid all further dispute the manner and order of Election of Arch-Bishops and Bishops and all things relating thereunto is setled by Statute viz. 1. Negatively That no one thereafter be Presented Nominated or Commended to the Sea of Rome for the Dignity or Office of any Arch-Bishop or Bishop within this Realm or any other the Kings Dominions 2 Affirmatively That at every avoidance of any Arch-Bishoprick or Bishoprick as before the King our Sovereign Lord his Heirs and Successors may grant to the Dean and Chapter of the Cathedral Churches where the Sea of such Arch-bishoprick or Bishoprick shall happen to be void a License under the Great Seal as of old time hath been accustomed to proceed to Election of an Arch-Bishop or Bishop of the Sea so being void with a Letter missive containing the name of the person which they shall Elect or Choose by virtue of which they elect the said person c. or in case of refusal incur the Penalties of a Premunire So that upon the whole the Election in effect is but a matter of form it is the Kings meer Grant which placeth and the Bishops Consecration which maketh a Bishop Neither do the Kings of this Land use herein any other than such
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
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
Assistance of God King of Britain And Edwine in a Charter of his to the Abbey of Crowland is stiled Edwinus Anglorum Rex totius Britanniae telluris Gubernator Rector Edwine King of the English and of all the British Land Director and Governor In like manner Ethelred in a Charter of his to the Church of Canterbury stiles himself Angligenum Orcadarum necne in gyro jacentium Monarchus Monarch or sole Governor of the English the Isles of Orkeney and all that lie within that Circuit but subscribes it Ego Aethelredus Anglorum Induperator c. I Ethelred Emperor of the English And besides what I said before of King William Rufus that said he had the same Prerogatives in his Kingdom as the Emperor claim'd in the Empire in a Charter of his to the Monastery of Shaftsbury he says Ego Willielmus Rex Anglorum anno ab incarnatione 1089. secundo anno mei Imperii I William King of the English in the year of our Lord 1089. and of my Empire the second And now having brought it thus far I shall in the next place examin the unreasonableness of that new Notion that the King is one of the three Estates and doubt not but to prove the contrary to any man but him who will not be persuaded tho you shall have persuaded him SECTION VI. That the King is none of the Three Estates in which two preliminary Objections are examin'd by Reason and answered by the manner of the Three Estates applying to him What the Three Estates are To presume him one of them were to make him but a Co-ordinate Power The King cannot be said to Summon or Supplicate himself How will the Three Estates be made out before the Commons came in With a short Series during the Saxons to the latter end of Henry III. in all which time they are not so much as nam'd as any constituent part of a Parliament And the time when probably they first came in to be as they are at this day one of the three Estates That the Lords Temporal were never doubted but to be an Estate Four reasons offer'd that the Lords Spiritual are one other Estate distinct from the Lords Temporal and one Act of Parliament in point With other Authorities to prove the Assertion THose that would have the King one of the Three Estates say That our Government is a kind of mixt Monarchy inasmuch as in our Parliaments the Lower House as representing the Commons bear a semblance of a Democracy and the Lords of Aristocracy And others That the King Lords and Commons who as Assembled joyntly to the end of Legislation as one Corporation and no otherwise are the Law-giver We 'll examin it by reason which Neque decipitur nec decipit usquam and only commands belief when all things else beg it And here to come as near the wind as I can that I may the better get up with them admitting the semblance but not granting the thing what does this make for them or serve to prove that yet the Government is not a free Monarchy because the Supreme Authority as I said ere while resteth neither in the one House or the other either joyntly or severally but solely in the King at whose pleasure they are assembled and without whose Royal Assent they can make no Law to oblige the Subject And therefore not denying Bodin's distinction of a Lordly Monarch a Royal Monarch and a Tyrannical Monarch which relateth only to the Power and Practice of the Monarch yet the distinction of a Supreme and mixt Monarchy which designeth the manner of the Government is a contradiction in Terminis because that Government which extendeth it self to more than one can never be a Monarchy as is obvious to every one that understandeth the word Monarchy and was never heard of in our Land till the men of our late times instead of suppressing Idolatry c. had fram'd a new Idol of their own and having made it as gay as they could set it up to be ador'd by the Multitude always prone to admire every thing they least understand And what must the consequence of it be but that the Government must be partly Monarchical partly Aristocratical and partly Democratical which are in themselves contrary and to be governed by contrary Laws and if it be impossible to make any good out of two extremes as Monarchy and Democracy are what then shall be made of three confounded among themselves or how can it be that Sovereignty a thing indivisible can at one and the same time be divided between one Prince the Nobility and the People in common and not to be altogether a State Popular or at best a Venetian Republick wherein albeit there be but one Duke and He for life yet his person being not invested with the Supreme Power of Government he is in effect but Magni nominis umbra And as to the other That the King Lords and Commons as one Corporation and no otherwise are the Law-giver here I take the King to be in a worse condition for tho to the making of an Act the concurrence of both Houses is necessary yet of no effect if the King disapprove yet the Case of a Mayor Aldermen and Burgesses or whatever other the stile of the Corporation be is wholly different for they meeting together by the Princes grant in a kind of Democratical Common Council for the better Government of the place where they reside order every thing by most Voices wherein the Mayor himself has but one and is concluded by the greater number but the King having no Voice nor any one to represent him in the discussive part of any Act cannot be said to give his Royal Assent as one of the Corporation but by his inherent Legislative Prerogative and how improper the contrary is will further appear in that a Common-Council put what By-Laws they please upon the Mayor as long as they are not contrary to the Law of the Land because he has no negative upon them But in case of a Sovereign the first mark of it as I have shewn before is the Power of making Laws now who should those Subjects be that should yield Obedience to that Law if they also had the Power to make Laws or who should that Prince be that could give the Law being himself constrain'd to receive it of his Subjects unto whom also he gave it A thing not only incompatible but even absurd from every days Practice and Experience for do not the Three Estates of this Kingdom upon the passing of all Bills address themselves to his Majesty in the most humble Stile As that of the Petition of Right Humbly shew unto our Sovereign Lord the King the Lords Spiritual and Temporal and Commons in Parliament Assembled c. So to King James Most dread and most gracious Sovereign We your most Loyal and Humble Subjects the Lords c. So to Queen
increase of Families Esau. Gen. 36 Gen. 14. Josh. 12. The Assyrian Monarchy The Persian The Grecian The Roman Monarchy All other ancient Nations Monarchies Bodin Selden's Tit. Hon. 10. And as universally received by the Moderns Precedent to all other Governments Arist. pol. l. 4 Lord Baeon The several Forms of Government Arist. Pol. l. 3. c. 5. And their Rotations Discourse on Livy Deca 1. Aristocracy Democracy Virgil. Ovid. Metam Tyranny to be rather wisht than either Examples in Athens c. Florus l. 1. Tacitus l. 1. Rome from the first Consulate Florus l. 1. c. 23. Their Tribunes Rosiâ— Antiq. l. 7. c. 19. Lib. 1. c. 24. Id. l 3. c. 14 15 16 17. Several Seditions Marius and Sylla In vita Syllae Fastorum l. 4. Crassus Caesar Pompey The two latter divide Flo. l. 4. c 4. Ibid. cap. 8. Lib. â— Ep. 75. Caesar complemented to Rome by the Senate God Rom. Ant. 171. Flo. l. 4. c. 7. The Triumvirate Rofin Antiq. l. 7. c. 21. Their Proscriptions Rosin Antiq. l. 7. c. 21. And Breach No peace until Monarchy restor'd Florus l. 4. c. 12. The sense of those times touching this matter Amp. in lib. memoriali c. 28. Lucan Statius 1 Sam. 8. throughout 1 Sam. 10.25 1 Sam. 8.20 1 Kings 2.27 1 Kings 25.34 Object Sol. Deut. 17.15 Judges 9.18 1 Kings 12.3 Inst. 4 343. Seld. Tit. Hon. 24. Marks of Sovereignty Power of making Laws Psal. 60.7 Virgil. Livy Psal. 114.1 And exemption from any coactive Obedience to them Joseph Ant. l. 15. c. 14. Panegyr ad Trajan Power of Peace and War De Repub. 163. Id. Bodin 182. That the Kingdom of England is a Supreme Imperial Monarchy The Kings Power in making Laws In his Resusc. fol. 153. Ibid. 154. Ibid. fol. 276 Sir E. Coke's Preface to his third Report Sir Jo. Davys Preface to his Irish Reports 36 Edw. III. cap. 15. Sir Jo. Davys Preface to his Irish Reports Sir E. Cooke Sur West 2. Inst. 4.243 Inst. 2.286 Indictment against the Earl of Areyle 1681. The Kings Power in interpreting Laws Cited by him in his Postnaci Sir H. Spelman's Gloss fol. 107. Inst. 1.99 Inst. 2.168 Vide Petition of Right and his Majesties Answer 3 Car. 1. Vide Stat. at large fol. 1433. His being exempt from their coactive force Inst. 1.99 Ibid. 73. Ibid. 110. Inst. 4.28 Ibid. 46. â—ract l. 1. c. 8. 1 Jac. Claudian The Kings absolute Power of Peace and War Nat. Brev. 113. Ess. of Delay Inst. 3.9 25 Edw. 3.2 7 Rep. 25. 13th of this King cap. 2. Sir E. Cooke Inst. 1.90 * Subscribed to by all the Judges in the case of Ship-Money and by Hatten and Crooke tho they fell off afterward Sir Will. Dugdale's Short View fol. 42. Inst. 1.161 The Kings Power in appointing chief Magistrates and great Ministers Smith de Repub. Ang. l. 2. Inst. 2.26 Inst. 3.7 The Power of the last Appeal Inst. 4.343 Ibid. 341. Matth. Paris cited by Sir J. Davys in his Irish Rep. 61. Answer to Petit. p. 88. Ass. de Clarend 10 H. 2. c. 8. Inst. 4.14 16 R. 2. c. 5. Vide The Case of Premunire in Sir John Davys Inst. 4.341 Inst. 2.602 Sir H. Hobart fol. 146. The sole fountain of Honor Inst. 4.126 Inst. 1.65 Inst. 4.363 Seld. Tit. of Honor 621. Ibid. 628. Ibid. 630. Inst. 1.69 May create a Palatinate Camb. Britt 464. Seld. Tit. Hon. 530. Inst. 4.211 Camb. Britt 600. Plowd 214. Inst. 4.204 in the Margin 9 Jac. in Scac. fol. 49. As also Seld. Tit. Hon. 693. Stat. Hibern 14 Car. 2. c. 20. Have made a King and Lord of Ireland Seld. Tit. Hon. 38.41 Inst. 4.357 Inst. 1.83 Ibid. Seld. 26. Sir E. Cooke 5 Rep. 110. in Foxley's Case Inst. 3.233 241. The King appoints the value c. of Coin Sir J. Davys q. v. Case de mixt Moneys Stat. 25 Edw. 3. cap. 2. Sir J. Davys in Pref. 5. Rep. 114. Inst. 2.576 Inst. 1.207 Liege Homage received by our Kings Seld. Tit. Hon. 26. Ibid. 29. Ibid. 24 25.38 Inst. 3.11 Their burning those incommunicable Titles of Majesty c. Tit. Hon. 594. Ibid. 92. Further instances of the Kings Sovereignty by the Common Law Inst. 1.1 Inst. 2.68 Inst. 1.13 Ibid. 42. Inst. 1.15 1 H. 7.4 Plowd 238. Inst. 4.352 Inst. 3 7. 7. Rep. in Calvin's Case Ibidem 23 H. 6. c. 8. 11. Rep. of the Lord De la Ware 13 Edw. 3. Inst. 4.342 Vide Seld. Tit. Hon. 21. Ann. Reg. 14. Ann. 40. Ed. 3. Inst. 4.13 357. 18 Edw. 3. Inst. 4.88 104. Inst. 2.167 Inst. 1.90 344. Inst. 2.496 Bract. l. 1. Britt f. 27. Regist. fol. 61. 1 Sam. 6.19 The like from the Statute-Law and that the Crown of England is Imperial Inst. 4.343 16 R. 2. c. 5. Vide Article against Woolsey 21 H. 8. Iâ—st 4.89 24 H. 8. c. 12. 25 H. 8. c. 21. Vide Cap. 22. 88 H. 8. c. 7. Vide cap. 16. Stat. Hibern 28. H. 8. c. 2. Stat. Hibern 33 H. 8. c. 1. 1 Eliz. c. 1. and Cap. 3. 5 Eliz. c. 1. 1 Jac. c. 1. Stat. Scotiae 5. Jac. 3. c. 3. Printed at Edenburgh 1681. The Kings Power in Ecclesiasticks Sir H. Hob. 143. Inst. 1.94 Glanv l. 1. c. 7. Inst. 4.285 Inst. 1.134 344. Ann. Reg. 17. Math. Paris fol. 213. Answ. to Pet. fol. 88. 40 Edw. 3. The Act is not in the Statutes at large but you may find it Inst. 4.13 Ibid. 357. 25 H. 8. c. 2. This was set out by Dr. Bernard in 16 1. in a Book entituled Clavi Trabales with the Bishop of Lincoln's Preface to it p. 82. Inst. 4.357 Ibid. 359. Regist. 294. Fitz. N. Breâ— Printed in 1666. 411. 6 Edw. 3.11 11 H. 4.68 11 H 4.60 11 H. 7.12 Sir Hen. Hob. fol. 146. Inst. 3.238 Fitz. N.B. 662. Inst. 1.344 Dyer 348. Ibid. 294. The same 3 Car. 1 c. 4. Inst. 4.342 Inter Leges Ed. c. 17. Mr. Hooker of the Kings Power in matters of Religion Cla. Trab 72. Inst. 4.323 Cro. Jac. 371. 22 Car. 2. That the Kings of England have justly used the Titles of Emperor c. and that from Ancient Ages Seld. Tit. of Honor f. 17. Sir Edw. Coke's Preface to his fourth Report Camb. Brit. 189. Ibid. Seld. Inst. 4.343 Ibidem Ibid Seld. 1 Object 1. Object 2. Sol. 1. Bodin l. 2. Ibid. Bodin Sol. 2. The manner of the Three Estates applying to the King 3 Car. 1. 1 Jac. 1. 1 Eliz. 3. 1 Mar. Sess. 2. 28 H. 8. c. 7. 1 Rich. 3. 3 Edw. 4. 4 Edw. 3. â—5 Edw. 3. 1 Edw. 1. Stat de Scat. 51 H. 3. What these Three Estates are Inst. 4.1 Inst. 1.110 Lib. 5.233 De Repub. l. 1. Coll. Fr. Tâ—â—ffe his Speech to them â—rom the Duke of Lorain 1674. Sir H. Spelm. Gloss. f. 449. 1 Pet. 2.13 To presume him such were to make him but a Co-ordinate Power Bar. Arg. l. 1. He cannot Summon himself Novum Organ Aphor. 46. Where were these three Estates