And as anciently as the year 789. an Act was made in a General Convention of all England in Conventu Pananglico that their Kings should be Elected by the Clergy senioribus populi and Elders of the people that is such as were Members of their Great Councils or Witena Gemots Assemblies of Sage and Wise Men. This tho it was long before the reputed Conquest yet was never repealed or cut off by the Sword nay seems received with the Confessor's Laws as included in them 2. It appears by the several instances given in the fourth Chapter and the testimonies there both of Malmsbury and the Publisher of the life of King Alfred That no lineal Succession was observed here before the supposed Conquest 3. The Confessor's Law received by W. 1. Vid. Sup. and continued downwards as the noblest Transcript of the Common Law shews that the Kings of England were to be elected and the end for which they are chosen by the people After the same manner do the ancient Historians and Lawyers as well since that time as before commonly express accessions to the Throne and seem industriously to mind Kings of it that according to the caution given the Jewish Kings Deut. 17.20 their hearts be not lifted up above their Brethren 4. According to the usage from before the reputed Conquest downwards the People are asked Whether they are content to have such a Man King 5. The most absolute of the English Monarchs never believed Cambd. Brit. s 104. de W. 1 Neminem Anglici regi constituo Haredem sed a terno conditori cujus sum in cujus manu sunt omnia illud commendo non enim taâ—tum decus hereditario jure possedi c that then Children had a right to the Crown except the people consented that they should succeed as appears by King Alfred's Will and the Death-bed Declaration of William 1. And therefore some of our Kings against whom there has been no pretence of better Title in any particular Person or Family when they stood upon good Terms with their People have often prevail'd with them in their Lives-time to secure the Succession to their eldest Son and H. 2. to prevent hazarding the Succession endanger'd himself by getting his eldest Son Crown'd himself living But as the going no farther than the eldest argues that they looked on that as a Favour the pressing for a Settlement on their Issue in any manner argues That it was not look'd upon as a clear Point of Right without it Of later Times Settlements have been made in Tail which though they were occasion'd by Pretences to Titles are Records against an Hereditary Monarchy according to the common notion which is one that by the original Constitution descends to the next in the Line male or Female V. Leges W. 1. de Fide c. Statuimus etiam ut omnes liberi homines foedere sacramento affirment quod intra extra regnum Angliae Willielmo Regi Domino suo fideles esse volunt c. Leges S. Edw. tit Greve Vid. Juramentum homagii facti Regi 6. The Oaths of Allegiance required of all the Subjects were never extended to Heirs but were barely Personal till Settlements of the Crown were obtain'd upon the Quarrels between the Families of York and Lancaster and though H. 4. obtain'd in Parliament an Oath to himself the Prince and his Issue and to every one of his Sons successively and in the time of H. 6. the Bishops and Temporal Lords swore to be true to the Heirs of R. Duke of York yet perhaps no Oath of Allegiance to the King and his Heirs can be shewn to have been requir'd of the Subjects in general till that 26 H. 8. according to the Limitations of the Statute 25. 7. Even where the People had setled the Crown they seem'd to intend no more than to give a preference before other Pretenders not but that as Ideocy Frenzy or the like might set such an one aside so upon other weighty Reasons they might alter the Settlement Pryn 's Signal Loyalty p. 274. Pol. Virgil. 1. 22. sub initio as appears by Polydore Virgil who was never thought to lie on the Peoples side whatever Evidences for them he may have conceal'd or destroy'd whose words of H. 5. to whom the Crown had been limited by Parliament may be thus rendred Nota Proceres may take in the Nobiles minores Prince Henry having buried his Father causes a Council of Nobles to be conven'd at Westminster in which while they according to the Custom of their Ancestors consulted about making a King behold on a sudden some of the Nobility of their own accord swear Allegiance to him which officious Good-will was never known to have been shewn to any before he was declared King William 2. was elected during the Life of his eldest Brother who was set aside by the English against whom he had discovered Ill-will in spite of the Normans So H. 1. Stephen was elected while Maud the Daughter of H. 1. was alive and H. 2. succeeded in her Life-time upon an Agreement made with Stephen by the Peoples Consent R. 1. as within King John crown'd in the Life-time of his eldest Brother's Son Prince Arthur So was his Son H. 3. in the Life-time of Eleanor Prince Arthur's Sister E. 1. as within E. 2. elected E. 3. set up by the People in his Father's Life-time which the Father took for a Favour R. 2. declared Successor by Parliament in the Life-time of his Grandfather H. 4. of the younger House came in by the Peoples Choice upon their deposing R. 2. H. 5 6. Son and Grandson to H. 4. came in upon a Settlement E. 4. of the elder House came in under an Agreement made in Parliament between his Father who liv'd not to have the benefit of it and H. 6. His Son E. 5. was never crown'd R. 3. who set him aside was of the younger House H. 7. who vanquish'd him could have no Right of Proximity for the Daughter of E. 4. and his own Mother were before him All that came in since enjoy'd the Crown either under the various Settlements of H. 8. or that of H. 7. which took place again in J. 1. or from H. 6. at the highest 8. As the Practice of the Kingdom is an Evidence of its Right numerous Instances might be produc'd of Choices since the supposed Conquest not only so called by Historians but appearing so in their own Natures wherein no regard has been had to Proximity but barely to Blood And I believe no Man can shew me any more than Two since the reputed Conquest of whom it can be affirm'd with any semblance of Truth that they came in otherwise than upon Election express'd by the Historians of the Time or imply'd as they had no other Title or else a late Settlement of the Crown either upon themselves immediately or in Remainder The Two upon which I will yield
the late Assembly would be conclusive to the Nation Neither Forty days Summons nor Writs nor yet Summons to a Parliament Essential And this confirmed not only by the President 12 Car. 2. but by two Presidents of the time of H. 1. The Subjects in the time of E. 1. said to have held a Parliament by themselves and of their own appointing The Objection of want of Form Answered out of the Civil-Law and its Reason applied to our Case Objections made by the Author of Elementa Politica considered The Conclusion THE Power having upon the Dissolution of the Contract between J. 2. and his former Subjects returned to the People of Legal Interests in the Government according to the Constitution there can be no doubt with unbiassed Men but this takes in them only who have Right of being in Person or by Representation in those Assemblies where is the highest Exercise of the Supream Power But there are two Extreams opposite to the late Election made by such an Assembly The First is of them who would have all things go on in the same Form as under a Monarch which was impossible and therefore the Supream-Law the Publick-Safety must needs supply the want of Form Nor can be justly controverted till the Lawfulness of the end is disprov'd For all Means necessary to such an End are allowable in Nature and by all Laws But if this should still be disputed all their Darling-Laws made by the Long-Parliament which met after that Convention Anno 1660. will fall to the ground according to the former application of the Statute above-mentioned 16 Car. 1. Vid. Sup. Nay the attempt of Repealing that Statute being in a Parliament which had been actually Dissolved before by that very Law which it went about to Repeal that Form which was usual before is in default of King and Officers supplied by another Provision for the Regular Meeting of Lords and Commons And what hinders but the people had as much Power to vary from the Common Form when there was no King and that Form could not be observ'd as when there was a King and a possibility of having that Form Here I may observe these two things 1. If as I have shewn at large the Right of Succession to the Crown was not fixed to the next in Blood neither before the reputed Conquest nor since if there have been several vacancies of the Throne and the People had right to chuse upon every such Vacancy then whatever they did in order to the choice must necessarily have been freed from the Forms which were required under a King 2. Even where the Kingdom has gone by descent there may have been a necessity for the people to take the Government upon them as if the present Possessor has turned Madman or he who stood next in the Succession were under age without any Guardian appointed in the Life-time of his Father or out of the land when his Father died which were the cases of R. 1. and of E. 1. the account of the last of which deserves particular notice The Annals of Waverly having mentioned the Death of H. 3. add Hoc anno scilicet post Festum S. Hillarii Annales Waverleiensis f. 227. factâ convocatione omnium Prel aliorum Magnatum Regni apud Westm postmortem illustris Regis H. convenerunt Arch. Ep. Com. Bar. Abbates Priores de quolibet Comitatu quatuor Milites de qualibet civitate quatuor qui omnes in presentiâ Dom. Will. scil Arch. Ebor. Rob. de mortuo Mari R. Burnet Cler. qui in loco Domini Regis Anglorum Edwardi praefuerunt Sacramentum eidem Domino Ed. tanquam terrae Principi susceperunt ubi Dominus W. de Mertone Cancellarius constitutus est ut moram trahat apud Westm tanquam in loco publico usque ad adventum Principis Et ibi provisum est quod nulli sint Justiciarii itinerantes usque ad adventum Principis sed in Banco Dominica prima Quadragesimae 4 Id. Martii consecratus fuit frater R. de Kilderlii in Arch. Cant. Item concessa est decima Ecclesiarum Religiosorum Domuum Domino Ed. ejus Germano ad supplicationem Domini Papae ut sit pro duobus Annis F. 228. In this year to wit after the Feast of St. Hillary all the Prelates and other great Men of the Kingdom being call'd together at Westminster after the Death of the Illustrious King Henry there met the Archbishops Bishops Earls and Barons Abbots and Priors and Four Knights from every County and Four from every City which all in the presence of William Archbishop of York Robert Mortimer and R. Burnet Clerk who presided in the stead of Edward their Lord and King of England took an Oath to the said Lord Edward as Governor of the Realm Where the Lord William of Merton is constituted Chancellor and that he should abide at Westminster as in a publick place till the Prince's coming And there it was provided that there should be no Justices itinerant before the Prince his coming but only in the Bench. The first week of the Quadragesima to wit on the Fourth of the Ides of March Father R. of Kilderly is consecrated Archbishop of Canterbury Matthew Westminster of the same time says Mat. West Rege igitur Supulto sicut mos est regibus sepeliri Gilbertus Johannes Comites Gloverniae Warenniae nec non Clerus Populus ad magnum Altare Ecclesiae Westm ' celeriter properarunt Ed. primogenito Regis fidelitatem jurantes qui si viveret penitus ignorarunt Agebat enim in partibus transmarinis contra Christi adversarios bellaturus Postmodum ad novum Templum Londini Nobiliores Regni pariter convenerunt Et facto sigillo novo constituerunt fideles ministros Custodes qui Thesaurum Regis Pacem Regni fideliter custodirent The King therefore being buried in that state in which Kings us'd to be buried Gilbert and John Earls of Gloster and Waren as also the Clergy and People as soon as might be hastned to the great Altar of Westminster-Church swearing Fealty to Edward the King 's eldest Son tho they were wholly ignorant whether he were alive or no for he was in Foreign Parts fighting against the Enemies of Christ After this the Nobility of the Kingdom likewise met and a new Seal being made they constituted faithful Ministers and Keepers who might faithfully keep the King's Treasure and the Peace of the Kingdom The Annals and Matthew Westminster differ in circumstances tho they agree in substance but it would seem as if the same Convention had been adjourn'd from Westminster to the Temple and therefore its Acts might have been said to have been at either of the places It at least appears from Matthew Westminster that prior to that Solemn Convention which the Annals mention there had been a great confluence of people headed by the Earls of Glocester and Waren at that meeting 't is
Honour Nature and Dewtie an inordinate seditious and slaundres Act was made agayns the most famous Prince of blessed memory Kinge Herrie the Sixte his Vncle in the Parliament holden at Westminster the fourth day of November the first Year of the Reigne of Edward the Fourth late King of England whereby his said Vncle contrary to due Allegianee and all due Order was attainted of High Treason Wherefore our same Soveraigne Lord by the Advice and Assent of the Lords Spirituals and Temporals and Comines in this present Parliament assembled and by Auctoritie of the same ordeineth enacteth and establisheth that the said Act and all Acts of Attainder Forfaiture and Disablement made or had in the said Parliament or else in any other Parliament of the said late King Edward ayenst the said most blessed Prince King Herrie or against the right famous Princess Margaret late Queen of England his Wife or the right victorious Prince Edward late Prince of Wales Son of the same blessed King Herrie and Margarett Jasper Duke of Bedford late Earl of Pembroke or Herrie late Duke of Somerset the which Jasper and Herrie late Duke of Somerset for their true and faithful Allegiances and Services done to the same blessed King Herrie were attainted of High Treason or any of them by what Name or Names they or any of them be named in any of the said Acts be ayenst the said blessed King Herrie Queen Margaret Edward late Prince and the same Dukes and the Heirs of every of them void annulled repelled and of no Force ne Effect N. X. Vid. CAP. F. 103. SAnctissimo in Christo Patri Domino Claus 3. E. 1. m. 9. Cedula In a Letter to the Pope Domino G. divinâ providentiâ Sacro-sanctae Romanae Ecclesiae universalis Ecclesiae summo Pontifici Edwardus ejusdem gratiâ Rex Angliae Dominus Hiberniae Dux Aquitaniae Cum reverentiâ honore salutem pedum oscula beatorum Mandavit nobis olim per literas Apostolicas quas pronâ mentis devotione recepimus vestra sanctitas reverenda ut annuum censum in quo Sacrosanctae Rom. Ecclesiae ratione Regni Angl. pro octo praeteritis annis asseritis nos teneri venerabili vestro Magistro R. de Nogeriis Capellano vestro assignari liberaliter ac integrè nomine pred Rom. Ecclesiae faceremus Nuper autem alias literas vestras recepimus cum Reverentiâ continentes quod cum nos respons Relationis solutionis Censûs annui memorati quam nobis pred Capel vester exposuit vestrae Ecclesiae Romanae Nomine diligenter Deliberatione Consilii Procerum Regni nostri in Parliamento quod circa Octabas Resurrectionis Dominicae celebrari in Angliâ consuerit pro eo duximus reservand quod tempore receptionis pred lit vestrae noviter ejusdem Regni gubernacula sumpseramus nunc de hujusmodi censu sine ulteriori procrast impendi faceremus eidem satisfac plen Capellano Fatemur enim S. Pater Domine ad Parliament nostrum in Octabis Resurrectionis Dominicae prox pret Regni nostri Praelatos Proceres evocasse ibique multa statuisse divinâ gratiâ favente quae meliorationem statûs Ecclesiae Anglicanae reformationem Regni ejusdem respiciunt communes profectus populi capiant incrementa Set antequam eidem Parl. propter negotiorum multitud quae reformationis remedio indigebant finem imponere valeremus Eodem Capellano vestro responsionem debitam sibi fieri instanter postulante quaedam gravis nos invasit sicut Domino placuit infirmitas corporalis quae perfectionem multorum aliorum negot deliberationem Petitionis Censûs annui supardict de quo dolemus non modicum impedivit Sicque cum occatione infirmitatis hujusmodi à quâ per Dei gratiam cujus est perimere mederi incepimus convalescere Idem Parl. fuerit dissolutum super hoc nequiverimus super Petitione Censûs ejusdem deliberationem habere cum Praelatis Proceribus antedictis sine quorum communicato consilio sanctitatae vestrae super predictis non possumus respondere Et jurejurando in coronatione nostra prestit sumus astricti quod jura Regni nostri servabimus illibata nec aliquod quod Diadema tangat Regni ejusdem absque ipsorum requisito consilio faciemus Reverende Benignitati vestrae humiliter supplicamus pro dono petimus spirituali quatenus molestè non ferat sanctitas vestra si ad praesens super pred sicut vellemus non possumus respondere Imo patientia vestra paterna si placet nos super hoc habere dignetur excutatos Pro firmo scituri pie Pater Domine quod in alio Parliamento nostro quod ad festum Sancti Michaelis prox fut intendimus dante Domino celebrare habito communicato Consilio cum Praelat Proc. memoratis vobis super praem ipsorum Consilio dabimus responsionem Conservet vos Dominus Ecclesiae Sanctae suae per tempora longaeva Teste meipso apud Westm 19. die Junii Anno Regni nostri 3o. The Present CONVENTION a Parliament N. XI Vid. CAP. 10. F. 111. I. THat the formality of the King 's Writ of Summons is not so essential to an English Parliament but that the Peers of the Realm and the Commons by their Representatives duly Elected may legally Act as the great Council and Representative Body of the Nation though not summon'd by the King especially when the Circumstances of the time are such that such Summons cannot be had will I hope appear by these following Observations First The Saxon Government was transplanted hither out of Germany where the meeting of the Saxons in such Assemblies was at certain fixed times viz. at the New and Full Moon But after their Transmigration hither Religion changing other things changed with it and the Times for their publick Assemblies in conformity to the great Solemnity celebrated by Christians came to be changed to the Feasts of Easter Pentecost and the Nativity The lower we come down in Story the seldomer we find these General Assemblies to have been held and sometimes even very anciently when upon extraordinary Occasions they met out of course a Precept an Edict or Sanction is mentioned to have issued from the King But the Times and the very Place of their ordinary Meeting having been certain and determined in the very first and eldest Times that we meet with any mention of such Assemblies which times are as ancient as any Memory of the Nation it self hence I inferr that no Summons from the King can be thought to have been necessary in those days because it was altogether needless Secondly The Succession to the Crown did not in those days nor till of late Years run in a course of Lineal Succession by right of Inheritance But upon the Death of a Prince those Persons of the Realm that Composed the then Parliament Assembled in order to the choosing of another That the Kingdom was then Elective though one or other of the Royal
thinges paste as also in thinges present And that most certeynly there was never either eny such Letters Patentes past under the greate Seale of England nor yet eny such Will signed with his most gratious Hande as sufficient Witnesses yet lyvinge can well testify Theise two maters touchinge the legitimation and validitie of the Will in that behaulf of eny indifferent Person I trust may be acceptid as fully and truly answeryd And thus lovinge Reader have I vtteryd and layd before the theise cases as they ar And whome wold it not moove to commpassion to behould the state of these thinges or whose English Harte wold it not grieve even to every parte of it to fynde any such Bookes countenanced or accompt made of such Bastardie slippes as appeerith by those Opinions and Bookes spredde to enherite so noble a Realme our most deere and natural Countrey as though it wer either so infortunate so curs'd of God or else so farre from Mercy that such shuld be fitter for the same without eny colour of eny just Title to plague it with most infamous Dissention Warre and all other Confusion and so to bring it to vtter ruyne and destruction then those to whome of right it ought both by the Lawe of God and Man most iustly to belonge vnto What is he that esteemith or tendrith the prosperyte of the Countrie in the favour of God or the good fame or fortune of the Worlde that wold seeke to exalt vnto the Government therof such infamous and spottyd titles with which is lynked alwayes such wrathe of God and th'Effectes thereof with such continuall stryfe and contention before the vnstaynid true and perfect Inheritors apoynted by him and by his Lawes to sette forth his Glory and by whose Justice such ar alwayes prosperyd and defendid to their own honour and the great weale and safety of their Subjects as longe as they remayne in his feare and obedyent vnto his Lawes and Ordinances But what might be sayd further Yf those in greate face and shew of great zeale and iustice and in greate authoritie hath so much neglected their Duties and so much preferryd theire owne Ambitions and corrupte Desyres before the Honour and Service of the Realme as such have not sticked to further these spottyd and coulerid Titles and also to encourage other to fall vnto the same What a case is this that such so placyd shuld go aboute to extol such motions of Dishonour and ruyne of their naturall Countrey and yet remayne with their Callinge in so greate countenance of honour for their Good and faithful Service O England blame thow not the inferior sorte so much that doth but receyve these thinges as it is ministryd unto them by whose credyte and persuasion they may be easily abusd But seeke thou to decifer and discover such Abusers as have more regard to mainteyne theimselfes by whose overthrowe or what wronge so ever it be then to proceede dirertly to thy Service either to the Honour of God Author and Favorer of all Truth or els to thy Weale Prosperytie and quietnes And I exhorte the and exhorte the agayne not to suffer thy self to be ledde and caryd away with eny such foule iniurious Perswasion either of ambitious Abuser or such other corrupt or vnadvised Person For such foule iniurious and false persuasions ar apt to no other ende but to serve Sedition Discord and Dissention in the and overthrow also all those that dealith with theim And how hard and perilous it is to obteyne a Crowne by eny injust or sinister Title and how much harder the things gotten it hath ben to contynew and keepe the same we may daily see and learne in dyvers Historyes of sondry places by such lyke Fortunes and of the in that of K. H. 4. H. the 5. and H. the 6. who after they had withholden the Crowne by wronge with the losse of meny a Manne's Lyfe two discentes wherin passed forty Yeres and more at last were overthrowne and quite confoundid and it restoryd to Kinge Edward the Fourth that rightly requyrd and lawfully obteynid the same Compare these togither and consider what multitude of Friends such continuance in possession was lyke to make and of what fame and worthynesse the Princes were and yet that the 3 d. and last could not enioy the same all that notwithstandinge And it may be supposd that there is fewe so simple so farre from reason or so affectionate but may thinke that K. H. the 6 was much more abler to defend so longe a contynued Possession then the Lady K. or eny comminge of the French Queene is able both to gayne the lyke and afterwards to keep it By which and such other Examples we may call to mynde that God doth not favour those that doth vsurpe with eny injust or indirect Title agaynst his Will and Ordinance And what greater mishappe discomfort or Misery can happ to eny then after the liftinge up to such a degree or th' attaininge of eny such desire in a moment to lose all and to be cast downe to vtter confusion both they and all their Freendes for ever Consider for the love of God the Honour of your Countrey the Suretie and Quietnes of your Freendes and Neighbours Kynsemen and deere Country-folkes remember the Threttes pronouncyd of God against all Injustice and call to remembrance where aboute yow goe ye that study and endeavour your selfes to sette forth these false and deceyvable Titles in the parte or favour of eny and beholde that insteade of the shadow of your vndewe Desire to the greate hazard and perill of the tranquill and peaceable state of your most deere Friendes and natural Contrey that yow do but procure bothe to such as how wold seeme to favour and also vnto your selfes such danger grief and sorowe with such yll and adverse Fortune as your most bitter and dedly Enemyes could no way wysh yow greater And to conclude thus much is due to th'Answer of the Bookes abroade with th' advancement of the Lady Mary the French Queen's Issue and settinge foorth of these Cases of Bastady before yow that after these maters thus manifestyd there shuld insewe of such Errors the lesse inconvenience and that ye might thereby hereafter the better judge what were in these cases the fittest both for the honour of God and the Weale prosperyte and quyetnes of the whole Realme But thow O England ar by the Grace and greate Mercy of God vnder the Gouernment of our most Gracious and Prudent Queene who hath the same tender and lovinge care of the Weale-Publike that the most carefull and lovinge Mothers have not greater for the Weale Saufety of theire most deere and best-belovyd Chyldren of the which there may be daily seene most apparente and manifest Examples Her maiestie havinge governid thee with the noble assistance of her Counsell so meny Years without manifest Danger and greate perill of Civill Warre and most miserable slaghter as the case yet standith it is not
shew the Antiquity and Power of a Palatine in Germany and England Gunterus used to shew that Office in several Countries Loyseau concerning it in France The Distinction in the Author of Les Soupirs between Officers of the King's House and Officers of the Crown The Antiquity and Authority of the Offices of Constable of England of the High Steward and the Earl Marshal which with the Earl of Chester have been as so many Tribunes of the People TO proceed to E. 2. Son to E. 1. 't is certain that the sentence threatned H. 3. was executed upon his Grandson E. 2. who was formally Deposed in Parliament for his misgovernment Walsingham f. 107. Rex dignitate regali abdicatur filius substituitur His Case with his next Successor's but one R. 2. by what I have observed before appear to have been no Novelties in England Nor was it long before the like was again put in practice more than once Hollingshead f. 637. Ib. f. 639 640. H. 6. being a weak mis-led Prince gave occasion to Richard Duke of York whose Line was put by to cover his designs for restoring the elder Family with the pretence of redressing publick Grievances A Crown over a Branch of lights in the H. of Commons and another from the top of Dover-Castle falling about the same time ib. f. 659. The Crown he was so far from pretending to at first that himself swore Allegiance to H. 6. in a very particular manner But having afterwards an advantage given by the Divisions of them who had driven him out of the Land he in a fortunate hour with lucky Omens as was believed challeng'd the Crown as his Right upon which there was an agreement ratified in Parliament That H. 6. should enjoy it during his Life and Richard and his Heirs after him Tho Richard Duke of York and his Son Edward afterwards E. 4. had sworn that H. 6. should enjoy the Royal Dignity during life without trouble from them or either of them yet Richard having been treacherously slain by the Queen's Army immediately after the solemn Pacification Edward at the Petition of some of the Bishops and Temporal Lords Ib. f. 661. took upon him the charge of the Kingdom as forfeited to him by breach of the Covenant established in Parliament Yet this gave him no sure footing for the popularity of the Earl of Warwick drove him out of the Kingdom without striking a stroke for it Ib. f. 678. Upon which H. 6. was again restor'd to his Kingly Power and Edward was in Parliament declared a Traytor to the Country and an Vsurper of the Realm the Settlement upon Richard and his Heirs revok'd and the Crown entail'd upon H. 6. and his Heirs Males with remainders over to secure against Edward's coming to the Crown But the Death of the Earl of Warwick having in effect put an end to King Henry's Power he was soon taken Prisoner and put to death as his Son had been before and then Edward procures a Confirmation in Parliament Hollingshead f. 693. of the Settlement under which he enjoyed the Crown Thus the Parliament from time to time determined the Controversie according to the Inclination of the People or Reason of State And as the power of the People of England or of Great Men of interest with them turn'd the scales sometimes one way sometimes another so their consent fixt them at last during the Life of E. 4. I might following the light of History take in the most material Occurrences from the Reign of E. 4. to the last Revolution but tho the unanimity which appeared at the first casting off the former Yoke made me with chearfulness undertake the justification of those who have contributed to the Change yet I must needs say I am checkt in that freedom which otherwise I might have justly used in relation to late times and tho I labour against prejudice in what I bring from faithful Memorials of ancient days yet I hope the prejudice will be free from that heat and passion which mixes with mens own concerns or the concerns of them from whom they immediately descend in Blood or Parties Object Vid. 13 C. 2. Stat. 2. c. 1.13 14 C. 2. c. 3.14 C. 2. c. 3 4.15 C. 2. c. 5.12 C. 2. c. 30. It may be said That whatever the Law or Practice has been anciently neither can now be of any moment by reason of the Oath required by several Statutes declaring it not lawful upon any pretence whatsoever to take Arms against the King and abhorring the Traiterous Position of taking Arms by his Authority against his Person And 2. The Clause in the Statute 12 Car. 2. whereby it is declared That by the undoubted and fundamental Laws of this Kingdom neither the Peers of this Realm nor the Commons nor both together in Parliament or out of Parliament nor the People Collectively or Representatively nor any other Persons whatsoever had have or ought to have any Coercive Power over the Persons of the Kings of this Realm What has before been observed from and upon Mr. Falkner's Answer Vid. Chap. 2. Christian Loyalty might make it needless to take notice of the Objection from either of these Clauses were it not that many either cannot or will not observe what lies at the least distance I shall not here insist in answer to the first part of the Objection on the necessity of a Commission and a King continuing legal in the Exercise as well as Possession of Power nor the difference between the Traiterous Acts of single Persons and the Revolt of a Nation nor yet upon the Authority of the Common Law whereby a Constable or other Officer chosen by the people Vid. Justin Pandec l. 1. tit 3. Nulla juris ratio aut aequitatis benignitas patitur ut quae salubriter pro utilitate hominum introducuntur ea nos duriore interpretatione contra ipsorum commodum producamus ad severitatem may act without any Authority from the King And for rhe latter part of the Objection as Coertion is restrained to the Person of the King the declaring against that is not contrary to the Authorities for discharging Allegiance by a judicial Sentence or otherwise by virtue of equitable and implied Reservations provided a tender regard to the Person be still observ'd But if proceedings to free our selves from his Authority fall under this Coertion then I shall offer something which may remove both this and the other from being objections to what I have above shewn To keep to what may equally reach to both Authorities I shall not urge here Vid. Rot. Parl. 39 H. 6. n. 18. That these Statutes being barely declaratotory and Enacting no Law for the future introduce none so that if the Fundamental Laws shall appear to be otherwise the Declarations do not supplant them Nor yet to insist upon a Rule in the Civil-Law That the Commonwealth is always a Minor Vid. Cujac