the Death of the Natural Body of the King is called Plow 234. a. the Demise of the King because that thereby he Demiseth the Realm to another and the Body Politick is transferred from one Body Natural immediately to another Body Natural that Right hath and that because our Realm doth not admit of any Interregnum Hence it was that in the year of our Lord 1660. at the very instant of his late Sacred Majesties most happy Restauration all Charters and Writings whatsoever were Written Reputed and Esteemed to be made in the Twelfth year of his Reign though that from 1648. to that time he was injuriously and wickedly Deprived Robbed and kept out from his Inheritance of all his Regal Rights of the Crown whereof he was the undoubted right Heir by the late Usurpers CHAP. X. Herein you have an Heir defined and divided and is shewed that the Right Heir of the Crown ought not nor can lawfully be Disinherited that a Bastard ought not nor can be Heir to the Crown and further something is said to the late Bill for the Exclusion of the late most Illustrious Prince James Duke of York now our Soveraign Lord King James the Second NOW Sir Edward Coke in the First part of his Institutes Fol. 7. b. saith that in the Legal understanding of the Common Law he is said to be haeres an Heir that is ex justis nuptiis procreatus for haeres legittimus est quem nuptiae demonstrant and is he to whom Lands Tenements or hereditaments by the Act of God and right of Blood do descend of some Estate of Inheritance for solus deus haeredem facere potest non homo God alone can make an Heir not Man And Heirs are either Lineal who ever shall first Inherit or Collateral who are to Inherit for want of Lineal Lineal descent is conveyed downwards in the right Line as from the Grandfather to the Father from the Father to the Son c. Collateral descent is derived from the side of the Lineal as Grandfathers Brother Fathers Brother c. Now in Mr. Swinb 5th part Fol. 289. he that hath Issue Natural but not Lawful is said to die without Issue and in such Case the Fathers Brother shall Inherit and not the Issue Natural of the Father for such Issue Natural in our Law is said to be nullius filius no Mans Son whence may be Inferred that no Mans Son shall Inherit no Mans Land much less a Crown And in the 23d chap. of Deuteron the 2d verse is said a Bastard shall not enter into the Congregation of the Lord even to his Tenth generation shall he not enter into the Congregation of the Lord. And 10. H. 7. 18. it is said that Rex est persona mixta cum sacerdote quia tam Ecclesiasticam quam temporalem habet jurisdictionem The King is a person mixt or participating with the Priest in the Priesthood because he is said to have Ecclesiastical Jurisdiction as well as Temporal And Sir John Fortescue Fol. 95. a. b. saith that it is convenient that Mans Law in the benefit of Succession should cut them short whom the Church judgeth unworthy to be received into Holy Orders yea whom Holy Scripture judgeth as touching their Birthright inferior to the Legitimate or Lawfully Begotten as we read in the 25th chap. of Gen. 5 and 6th verses Abraham gave all his Inheritance to his Son Isaac and to the Sons of his Concubines he gave Gifts And again in Mr. Swinb part 5th Fol. 17. is said A King may ex plenitudine potestatis make his unlawful Issue capable of whatsoever by Will deviseable he doth give or bequeath unto him But Mr. Plowden saith 247. a. b. It is an evil or unlawful thing to Disinherit the Right Heir And Mr. Swinb in his 2d part Fol. 118. saith that by the Civil Canon and Common Laws also of this Realm of England It is unlawful for a King to give away his Kingdom from his Lawful Heirs However we had lately a House of Commons or rather a Major part of them that had framed a Bill for the Excluding and Disabling the then most Illustrious Prince James Duke of York now King James the Second for ever from Possessing Having Holding Inheriting and Enjoying of the Imperial Crowns of this Realm and Kingdoms It was a Presumptuous Bill for the Excluding of the Presumptive Heir of these Crowns However it was refused by the Lords House and so could not be offered to his late Majesty for his Royal Assent to make it a Law Have me excused for saying it was a Presumptuous Bill Matters of that nature have been in times past esteemed so in 35o. Eliz. Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition to the Lord Keeper desiring the Lords of the Upper House to be suppliants with them of the Lower House unto her Majesty for entailing the Succession of the Crown whereof a Bill was ready drawn the Queen was highly displeased herewith and charged her Council to call the Parties before them so Sir Thomas Heneage was sent to fetch them they were first commanded to forbear going to the House and not to go out of their several Lodgings afterwards they were called before the Lord Treasurer the Lord Buckhurst and Sir Thomas Heneage Wentworth was Committed to the Tower Bromley to the Fleet together with Mr. Stevens as also Mr. Welch Knight for Worcester-shire and yet it was then thought no Breach of Priviledge They that meddle with this matter of the Succession to the Crown do not only trench upon the Power and Priviledge of Almighty God who as the Prophet Daniel tells us in his 4th chap. is the most High that Ruleth in the Kingdom of Men and giveth it to whomsoever he will but also we have found by woful experience that they Praevaricate with the King himself for in the very word King is included all Succession so that where a Guift is made to the King a Fee-simple passeth without the words either of Heirs or Successors or both as may be seen C. Inst. 1. part 9. b. and in the same Book Fol. 22. b. is said a Man cannot have an Heir during his Life for non est haeres viventis And Mr. Plowden 45. b. saith no Heir hath Right or Title till after the Death of his Ancestor that hath the Inheritance be the Heir either Lineal or Collateral and not in his Life and this is because let all the provision imaginable by Man nay by a Parliament be appointed yet the same by the death of the Presumptive Heir or Heir apparent in the Life time of the Ancestor by the Act of God not otherwise may and can be disappointed And Anciently and now also as in C. 8. 28. it is held That Princeps coruscat radiis Regis censetur una persona cum Rege the Prince is enlightned and made splendid by the shining brightness of the King and is esteemed to be one and the same Person with the
to restrain and be a curb to such as will not Conform and be Obedient to those Rules the Law prescribeth requiring their Obedience to the Magistrates Superior Middle and Inferior and as all are to know the Superior is not nor can be subject to the controul of the Inferior In pares est nullum imperium multo minus in eos qui majus imperium habent therefore all Magistrates Subordinate be they either of the Superior Middle or Inferior Rank and à fortiori all other Subjects whatsoever are to be Obedient to their Soveraign Lord the King as Supream qui majus imo maximum imperium habet that hath the greater yea the greatest Command Power and Supream Soveraignty over all his Subjects in these his Majesties Realms and Dominions But as to this matter of the Kings Supremacy in Church and State Here I shall say no more but shall leave all to be further informed as to their bounden Duties therein in this ensuing Treatise wherein is more fully and at large discoursed thereof I remember in this ensuing Discourse also is said citing Sir Edward Coke in 7th Report 7. b. in Calvins Case that every Subject is bound to go with the King in his Wars infra extra Regnum but he is there pleased to add that the Subject is not compellable to go out of the Kingdom without Wages and citeth many Statutes as 8th Ed. the 3d. ca. 7th c. in defence of his opinion I do not presume to contradict him but am satisfied that he sheweth good warrant for what he there Writeth Moreover no considerable Foreign War upon any occasion whatsoever is ever so rashly undertaken but first the King useth to Summon his great Council the Parliament and therein is the Honour Interest and safety of the King and Kingdom considered and Parliamentary Supplies are granted for the defraying carrying on and answering the necessary charges of the War however Sir Ed. Coke denieth not but infra regnum within the Kingdom all are compellable and bound by duty of their Allegiance with or without Wages to serve the Lord the King in his Wars for then if ever that saying is true ad regem potestas omnium pertinet ad singulos proprietas the Power of all Men and all Things they have enjoy or possess belongeth to the King and yet every Mans single property remains and is continued but as may be seen in St. Jermin in his Doct. and Stud. 64. b. The Law doth assign divers conditions upon the Property and that to alter the Property without consent of the Owner if the conditions are not contrary to the Law of God or Reason And nothing is more agreeing with the Law of God nay our Obedience to the King as Supream is commanded in and by the Word of God and nothing can be more agreeable to Reason unless we will simply and contrary to all Reason admit of the Children to give Laws to their Father or Infants Males or Females to give Suck to their Mothers And it is a thing obvious and well known to every Man that knoweth any thing in our Law that every Mans Property and Estates whatsoever by Act in Law are Forfeit to the King for Treason or Fellony for Treason which all and every Rebellion is to the King for ever of what mean Lord soever they are holden for Fellony to the King for a Year Day and Wast and afterwards to the Lord of the Mannor of whom they are holden for ever In my ensuing Discourse to shew what care was made for the preservation of the Royal Rights Priviledges Jurisdictions and Prerogatives and Person of the King I make mention of the Stat. made in the 12. Car. 2di chap. 1. though in the first clause thereof by me mentioned is said That if any during the Life of the Kings Majesty c. I let this stand unaltered though the death of the Natural Body of the late King happened since because that clause thereof was made but in affirmance of the Common Law and the Stat. of 25. Ed. 3. ca. 2. as to the security of the Kings Person and the Government as appears in Mr. Stanford's Pleas of the Crown the first chap. as to the Second and Third clauses thereof the offenders against the Second clause are not only made uncapable of any imployment in Church or State but are also made lyable to such punishments as by the Laws and Statutes of this Realm are to be inflicted in such Cases As to the Third clause thereof every Person offending against the same shall incur the danger and penalty of Premunire mentioned in the Stat. of 16. Rich. 2. ca. 5. It appeareth by Bracton Libro 3tio Tract 2do cap. 15o. Fol. 134o. that Canutus the Danish King having settled himself in this Kingdom in Peace kept notwitstanding for the better continuance thereof great Armies within this Realm The Peers and Nobles distasting the Government by Arms and Armies odimus accipitrem quia semper vivit in armis Wisely and Politickly perswaded the King that they would provide for the safety of him and his People and yet his Armies carrying with them many inconveniencies should be withdrawn hereupon Canutus presently withdrew his Armies and within a while after lost his Crown and the same was restored to the right Owner I mention this matter and have it from Sir Ed. Coke who citeth Bracton for his voucher in his 7. rep 16. b. and withall I desire all to take notice that the Excise by Act of Parliament made in the first Parliament after his late Majesties most happy Restauration was continued to be paid to the late King during his Life Hearth Money was settled upon the late King his Heirs and Successors and was in recompence to the Crown for the dissolution of the Court of Wards and Liveries Customs upon Merchandizes imported and exported this little Book will tell you were all originally payable to the King his Heirs and Successors and that Subsedies granted by Parliament are but an improvement in the improvement of time and trade of the Ancient Customs payable to the Crown and were granted to the late King for his Life as they were from the time of King Henry the 7th granted to all his Royal Ancestors Kings and Queens of this Realm except his Sacred Majesties Royal Father King Charles the First Now mark what Sir Edward Coke more saith in his 7th rep 10th b. Haereditas Principis est successio in universum jus quod defunctus Antecessor suus habuit The Inheritance of the Prince is his Succession unto every Right that his deceased Ancestor had And suppose the Right Heir of the Crown had been attainted of Treason yet shall the Crown descend to him and eo instante without any reversal the attainder is utterly avoided as it fell out in the case of King Henry the 7th as may be seen in 1 H. 7th Fol. 4o. I have laid down before you these matters to let you know that
those Loyal Lords and Commons Assembled in Parliament in the 12th year of his late Sacred Majesty well knew that he must needs want the necessary supplies to maintain defend and uphold the Government as the late Vsurpers had to offend alter and destroy the same The Kings Charges are great as well for the security and safety of his own Royal Person as for the preservation of the publick Peace of his Realms and Dominions for the general good of the whole Community A few Yeomen of the Guard before the late times of Rebellion called Beef-eaters were not enough for to nor could rescue his Sacred Majesty King Charles the First from that impious Act execrable Murther and unparalel'd Treason against his Sacred Person and Life committed the 30th of January 1648. neither was nor could such a Guard have been sufficient to secure the late Vserpers so ridiculous was their Right to what they Vsurped from that time to the time of his late Majesties Restauration We see before how in Ancient times King Canutus was served so soon as he was I grant Politickly but how Wisely I know not perswaded to withdraw and disband his Guards it may be his Arms or Armies might be attended with many inconveniencies but the present Guards of our Soveraign Lord the King may be necessary to be continued if ever in this our present Age which hath been very changeable and one Plot or other hath been too much threatning alteration of the Government in Church and State and these Guards of his Sacred Majesty are not attended with any inconveniencies nor are chargeable to any but the King himself Sir Edw. Coke saith That the Kings Treasure is the sinews of War and the Honour and safety of the King in times of Peace that it is firmamentum belli ornamentum pacis It is so but I deny any War to be justifiable against the Lord our King within his Realms and Dominions and therefore every Rising and Force raised within the Realm is properly called a Rebellion improperly a War Nor do the Kings Laws Protect any Subject to trade get and gain a great Estate to the end to impower him to ascend the Throne and to stand in competition with or to distast the Person or the Government of our rightful Soveraign Lord the King but rather it is the bounden duty of all in general to Love Honour and obey their Lord the King and proportionably according to their Estates Qualities and Degrees to give Aides and Supplies to his necessities for the just defence and security of his Royal Person and the preservation of the Peace and quietness of him and all his People in all his Realms and Dominions We say quo ditior est quisque eo nobilior by so much as every Man is the more Rich by so much he is the more Noble by so much he is the better respected and the more Esteemed But I say Principem habere ditiorem confert ad dignitatem subditorum ditiores habere subditos confert ad nobillitatem principis to have the Richer Prince conduceth to the dignity of the Subjects and to have the Richer People conduceth to the dignity of the Prince Now all here last mentioned is to this end and purpose that all old Animosities Jealousies and Fears laid aside after his Gracious Majesty shall have convened his Parliament unto him be given quod defunctus Antecessor suus habuit what his deceased Ancestor had Believe the word and promise of his Gracious Soveraign he beginneth his Reign with Clemency and Mercy to all his Subjects and will certainly be so far from invading your Properties that having what was thought needful for his late Royal and Dear Brother nay I say the Richer you make him the more he will be respected at home the more safe he and all his People will be and the more he will certainly be feared and dreaded abroad But least with the Foolish Architect I make the Porch too big for the House I say no more only recommend to you the reading of this ensuing Treatise which was written for the confirmation only of the more knowing and Loyal and for the information of the more Ignorant and therefore less Loyal Subjects So I commit every Man to Gods protection and rest Every Mans well Wisher J. B. The Contents CHAP. I. SHeweth how things stood at the latter end of King James the First and something is said of the High Court of Parliament p. 1. CHAP. II. Sheweth how King Charles the First found things at his first coming to these Crowns and there is also said something as to the learning of the Customs the chief Maintenance of the Crown in his time p. 4. CHAP. III. Sheweth how the late Rebellion broke out and sâ—mething is said of the great Advantages the Rebels had with what Advantages only the Loyal Party had p. 12. CHAP. IV. Sheweth how the King the Loyal party and the Law suffered Violence p. 14. CHAP. V. Sheweth about what time the Kings Writs were first framed for the induction of the Commons into the Parliaments of England p. 16. CHAP. VI. Sheweth the difference between Parliamentary Priviledges and the Prerogatives of the King and sheweth how at the first Kingly Goverment was constituted by God himself and that by Gods Law also the Legislative Power and the Power of the Militia was given to the King and that in these highest Points of the Kings Prerogative the Law of England is agreeing with the Law of God and that God is vindex sui Ordinis the avenger of his own Ordinance p. 18. CHAP. VII Sheweth that vindictive Justice is also derived from God to the King as supream and that all Subordinate Officers derive their Jurisdiction from the King and through his Mediation from God also and that herein the Law of England is also agreeing with the Law of God p. 23. CHAP. VIII Sheweth that the Subjects of England are bound by their bond of Allegiance to serve the King only in his Wars and that the King is the Fountain of Honour and by way of Induction to the same something is said of a Countee Palatine Davids worthies and good old Barzillai the Gileadite p. 25. CHAP. IX Herein you have a Subject defined you have Ligeance defined and is shewed that the King hath two Capacities the one Natural and the other Politick and that the Body Politick cannot be separated from the Body Natural that Ligeance is due to the Natural Body of the King that the Kingdom of England admits of no interregnum and that the Disherison of the Right Heir of a Kingdom is wont to be the beginning of Civil Wars p. 29. CHAP. X. Herein you have an Heir defined and divided and is shewed that the Right Heir of the Crown ought not nor can Lawfully be Disinherited that a Bastard ought not nor can be Heir to to the Crown and further something is said to the late Bill for the Exclusion of the late most
Laiety by Sequestrations Decimations and otherwise ensued whereof we of the Loyal Party were not only Witnesses and Spectators but therein we were fellow Sufferers Now the Writs of the King suffered Violence of which Mr. Fitzherbert in his Preface to his Natura Brevium saith that they be the Foundations whereupon the whole Law doth depend of the which Writs and Processes as be appointed in the Law it is said in St. Jermin in his Book Written by way of Dialogue called Doctor and Student Fol. 64. a. That the King as Sovereign and Fountain of the Law is bounden of Justice to Grant them to every Person that will Complain be his Surmise true or false Yet in stead of Carolus Secundus Dei Gratia c. Vicecomiti c. was used The Keepers of the Liberties of England by Authority of Parliament To the Sheriff of c. But those who had built this Babel by their Divisions and Jealousies one had of another were in time brought to strange Confusions The Writs were to run no longer in the Name of the Keepers c. But all Writs and Process were issued forth in the Name of Oliver their General The Independent though the Younger now prevailed against the Presbyterian the Elder Brother whath the Elder had hunted after the Younger now catched for himself And now also it may be observed that a House of Commons singly Assumed to themselves the Title of and were stiled the Parliament of England though his Sacred Majesty King Charles the First had before truely told them in his Speech to them 3. Car. that none of the Houses of Parliament joint or Separate had any Power either to Make or Declare a Law without his Consent CHAP. V. Sheweth about what time the Kings Writs were first framed for the induction of the Commons into the Parliaments of England FRom the Norman Conquest untill some time in the Reign of H. 3. Parliaments were holden by the King and his Barons Spiritual and Temporal in whose days it is thought the Kings Writ for Election of Kinghts c. was first framed and that the Commons were reduced to a House by the Advice of the Bishops to the King in the heat of the Barons Wars It was thought expedient then to frame a Writ for their Induction that they might allay and lessen the Pride and Power of the Peers who had waged War so many years against the Crown However least they should arrogate too much Authority to themselves they never could so much as exhibit an Oath nor impose a Fine or inflict Punishment upon any but their own Members until the time of the late Usurpers when they were grown to that height of Impudence that the King himself and Lords Spiritual and Temporal were Excluded by them of whom as well before the Norman Conquest as since the Ancient Parliaments of England consisted only without them For it is true the People were wrought under by the Sword of the first William and his followers to a Subjected Vassallage Division and Power had Mastered them none of their old Nobility and Heads were left either of Credit or Fortunes what he Detained not in Providence as the Demeans of the Crown or reserved in Piety as for the Maintenance of the Church he parted and divided amongst those Strangers that Sailed along with him in the same Bark of his Adventure leaving the Natives for the most part as may be seen by his Survey called Domesday Book now in the Exchequor in no better a condition than Villenage To supply his Occasions of Men Money or Provisions he Ordered that all those who injoyed any fruit of his Conquest should hold their Lands proportionably by so many Knights Fees of the Crown And permitted them to Enfeofle their followers with such parts as they pleased of their own Portions which to ease their charge they did in his and his Sons time This course provided him the Body of his War the Money and Provision was by Hidage Assessed on the Common People at and with the consent of their Lords who held in all their Seigniories such right of Royalty that to their vassals as Paris saith they were quot domini tot Tyranni and in time provided to the Kings so great a Curb and restraint of Power that nothing fell into the Care of Majesty after more than to retrench the force of Aristocracy that was like in time to strangle the Monarchy Though others foresaw the Mischief betimes yet none attempted the remedy until King John whose overhasty undertakings brought in the mentioned broiles of the Barrons Wars there needed not before this Care to Advise with the Commons in any Parliamentary or Publick Assemblies when every Man in England by Tenure held himself to his great Lords Will whose Presence was ever required in their Parliaments and in whose Assents his dependant Tennants consent was ever included from what is aforesaid the Commons of England or rather they whom the Commons shall Elect to future Parliaments and are properly said in Parliament Assembled to be the Representatives of all the Commons of England may take notice that Anciently was in use only one Writ of Summons to Parliament by which the King Summoned the Lords Spiritual and Temporal separately to come to his Parliament at a certain Day and Place appointed in the Kings Writ And of latter times with the reasons for the one and the other there hath been an Additional Writ framed which is sent to every Sheriff of England and Wales for Election of Kinghts c. for the Parliament in the Kings Name and when sent it is called the Kings Writ and is directed to his Subordinate Officer the Kings Sheriff For the truth is the King by his Writ giveth the very Essence and Form to the Parliament which is to be Summoned when he pleaseth to be Adjourned Prorogued and Dissolved when he pleaseth And in all good times of Government before and since the Conquest it was ever in the Kings power and was and is his Priviledge Royal Prerogative and Regality to Grant or Deny such Petitions as he pleaseth and all Acts of former times and some of latter time were and are in form of Petitions CHAP. VI. Sheweth the difference between Parliamentary Priviledges and the Priviledges of the King and sheweth how at first Kingly Government was constituted by God himself and that by Gods Law also the Legislative Power and the Power of the Militia was given to the King and that in these highest Points of the Kings Prerogative the Law of England is agreeing with the Law of God and that God is vindex sui Ordinis the avenger of his own Ordinance THE Speaker uf the House of Commons on the first day of every Parliament is usually Presented to the King and in the Name of the Commons of England he humbly Prays his Majesty would be Graciously Pleased to Grant them their Liberties and Priviledges which is a strong Argument that their Priviledge their
of the Kings foundation and the Kings of England are the Founders of them all and they sit in Parliament and have the Names of the Lords of the Parliament non ratione Nobilitatis sed ratione Officii not by reason of their Nobility but by reason of their Office and in respect of their Ancient Barronies annexed to their dignities C. Inst 1. part 97. a. And in C. 5. 1. part Cawdreyes Case it may be seen That King Kenulphus by Charter in Parliament in the year of our Lord 755. Exempted the Abbot of Abingdon from Episcopal Jurisdiction and gave it him That amongst the Laws of Edward the Confessor it was Ordained that he should Govern the Kingdom and his People and above all the Holy Church not the Pope That William the Conqueror Appropriated Churches with Cure That King Henry the First presented to Abbeys as well by his Ecclesiastical as his Kingly Power That Henry the Third granted Prohibitions and in Issue of Loyalty of Marriage and general Bastardy the King wrote to the Bishop as his immediate Officer That in the time of Edward the Third the Temporalties of the Archbishop of York were lost during his Life for refusal of a Clark of the King by reason of a Provision of the Pope That by 25. Edw. the Third a Man might kill those that procured Provisions from Rome and those that executed them Also by 25. Edw. 3d. It was Enacted that the Pope shall not give Archbishopricks Bishopricks c. but that the King them shall give c. That by 16. Rihard the Second chap. 5th It is Enacted that because the King holdeth his Crown immediately under God they who purchase or pursue in the Court of Rome Translations Processes Excommunications Bulls Instruments c. and their Fautors and Councillors shall be out of the Protection of the King and Praemunire facias shall be awarded against them That 2. H. 4. 9. It is resolved that Collectors of the Pope by their Bulls have not any Jurisdiction here and that the Archbishops and Bishops are called the Spiritual Judges of the King And 11. H. 4. 37. it is said Papa non potest mutare leges Angliae that the Pope cannot change or alter the Laws of England That 2. Henry the Fourth chap. 3d. he that obtaineth from the Bishop of Rome to be exempt from regular Obedience is within the Case of a Praemunire That 6. H. 4. chap. 1. Forfeiture was imposed upon those who payed great sums to the Chamber of Rome That by 2. H. 5. chap. 1. The King not the Pope gave power to the Ordinary to enquire of the Foundation and Government of Hospitals and to correct c. That in 9. H. 6. 16. The King only can give License for the Foundation of a Corporation Spiritual not the Pope That 12th Edw. 4th 16. A Legate of the Pope was compelled to Swear that he would not attempt any thing against the Crown c. That in 2. Rich. 3. It is said that Excommunication or Judgment at Rome is of no force here That in First Henry the 7th 10th It is said that in time of King Henry the Sixth Humphry Duke of Glocester burnt the Letters of the Pope that were in Derogation ot the King and his Crown And 1. H. 7. 20. It is adjudged that the Pope may not grant Sanctuary And 25. Henry the 8. chap. 21. It is Enacted by the Statute forementioned of faculties that none shall make suit to Rome but that the Archbishop of Canterbury may grant to the King and his Subjects such Licenses Dispensations Grants Faculties Escripts Delegacies Instruments c. not repugnant to Holy Scripture as been used to be granted by the Pope yet it is to be noted that such Cannons Constitutions Ordinances Synods Provincials c. were provided to be in force which had been allowed by general Consent and Custom within the Realm not repugnant to Law or the Prerogative of the King and so by the same general Consent may be Corrected Enlarged Explained or Abrogated hence we may rest satisfied that for many Hundreds of years last past successively in the time of one King after another King when all our Ancestors were Papists and of that profession that yet the Government of the Church ever was inherent to the Imperial Crown of the Kings of England In the time of King Henry the Third the Usurped Jurisdiction of the Pope was elevated more high than ever before or since yet it may be observed that in the Ninth year of his Reign in the very first Chapter of the great Charter Entitled and Called The Confirmation of Liberties is mentioned First We have granted to God and by this our present Charter have confirmed for Us and Our Heirs for ever that the Church of England shall be free and shall have all her whole Rights and Liberties inviolable And by the Statute of 24. H. 8. chap. 12. by 24. Bishops and 29 Abbots it is recited that England is an Empire and that the King is the Head of the Body Politick consisting of the Temporalty and the Spiritualty impleet and furnished with full Power to render final Justice in all matters whatsoever as well Ecclesiastical as Temporal And that part of the said Body Politick called the Spiritualty hath been always thought sufficient and meet of it self without the intermeddling of any Forreign Pope or any exterior Person or Persons when any cause of the Law Divine happened to come in question or of Spiritual Learning to declare and determine all such doubts and to adminster all such Offices and Duties yet as the Spiritual Judges of and under the King as to their several Roomes Spiritual doth appertain And the Laws Temporal for Trial of Property of Lands and Goods and for the conservation of the Realm in Unity and Peace without Rapine or Spoil were and yet are Administred Adjudged and Executed by sundry Judges and Ministers of the other part of the Body Politick called the Temporalty And their Authorities and Jurisdictions do conjoyn together in the due Administration of Justice the one is a help to the other and both are a help to and in ease of the King the Head of this Body Politick here you have concisely and in few words discovered unto you the Ancient form of the Government of England both in Church and State and accordingly in Ancient times the Parliaments of England consisted only of the King the Lords Spiritual and the Lords Temporal who were Anciently the Representatives of the whole Kingdom in Parliament Assembled under the Kings or Queens thereof but for some Hundreds of years last past a Writ hath been framed for the Election of Knigts c. to sit in Parliament and these Knights c. are to be chosen by the Freeholders in their several Counties CHAP. XX. As to the Kings Supremacy is shewed the difference between the Primitive and more modern times herein the Author adviseth all to be at Vnity within themselves and