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A59386 Rights of the kingdom, or, Customs of our ancestors touching the duty, power, election, or succession of our Kings and Parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the British, Saxon, Norman laws and histories, with an occasional discourse of great changes yet expected in the world. Sadler, John, 1615-1674. 1682 (1682) Wing S279; ESTC R11835 136,787 326

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For he would again be merciful to his People and his Land and so that Song endeth which was to be kept and considered in the latter Days or time of the Messiah Abraham was first told his Seed must be as Dust and afterwards as Stars Not Stars for Multitude I think but Glory Except there be more Stars then the Jesuite thought who hath lately wrote a Book in Praise of the Virgin being nothing else but one Verse Tot tibi sunt Dotes Virgo quot fulera Coelo which he hath changed above a thousand times and might have done it much oftner keeping the very same entire Words in a true Verse Abraham the High Father had two Sons in special Ishmael a Type of the carnal Iew who had also twelve Princes twelve Patriarcks from Hagar the Earthly Ierusalem coming first from Egypt and growing proud she is driven out into Captivity but soon returns again upon an Angels Call Yet she must only stay till Isaac a real Type of Christ is born and weaned a while and then her self and Son for mocking Isaac must be turned out of doors from Abraham's House or Church It was very bitter to good Abraham but she must out And she is yet in Bondage in the Wilderness a long Captivity together with her Son poor Ishmael But in this Wilderness when she is near Despair sitting alone wringing her Hands for Grief and Woe and her poor Son at a distance crying or rather gasping for Life God will hear God will hear Return O God to the many thousands of Israel and he will call and speak kindly to her in the Wilderness He will then open her Eyes to see a Well a Fountain of living Water The Well of him that hath lived long and looked on her For when the Poor and Needy shall thirst sore and their Tongue cleave to their Mouth when they sit in Darkness he will see and execute Peace he will open a Fountain in the Wilderness So do the Psalmists and Prophets often alude to this of Hagar in the Wilderness an History of all the Bible much I may say more remarkable After this shall Isaac come and seek his poor Brother Ishmael he also shall come and dwell with his Brother at his Well Labairos and thereabout he met Rebecca though I dare not draw the Paralels But it may be worthy of inquiring that about forty Years old he should meet his Wife at Hagar's Well The Iews do tell us pretty Stories of old Abraham's coming oft and knocking at the Door to call and see his Son though Hagar was much abroad and yet they say she did return again at last into his House And some will also have her to be Keturah on whom Abraham had many Sons that peopled the East These seem to be the Abrahamides or Brachmonides of whom we hear so much yet see so little but their Names Certain it is what ere became of Hagar that Ishmael returned to Isaac or rather Isaac to Ishmael For besides that of Isaac's living so much at Ishmael's Well the Text is clear for their being together at Abraham's Death or Funeral And Ishmael a better Man then some may think dyed in Honour or as the Phrase is in the midst of his Brethren if I mistake it not Isaac a Type of Christ had two Sons that Wrestled and Fought so soon as they had being Edom the eldest which the Jews will have to be the Roman Christian Church the first born to Christ or Isaac yet must come to serve the younger when he cometh up Iacob the Father of all Israel had two Wives Leah the visible Church of carnal Jews or Gentiles bleer eyed not so lovely to her Husband as was Rachel Who was long barren but at length beareth Ioseph And she is then to leave her Father's House For he will give them up for smiting Ioseph until she that travailed bring forth and receive her Son with Joy In this flying Posture Iacob meets the Angels at Mahamin it was the way with the Canticles He wrestleth and prevaileth with God and with Edom. 'T is a great Mystery But I am tedious Poor Rachel is loath to leave her Idols These stick and stain her but they must be buried in Bethel till at length she come to Bethelem-Ephrata and there she travaileth with Benjamin to her Benoni for she must expire as soon almost as he is born Nor did she regard the Words of those that told her that she had a Son but she shall receive him again with Joy I dare not say that blear-Eyed Leah was typified by old Lilith of whom the Iews speak so much and so Ill because she did so much displease our Father Adam till God in pity cut him asunder as they speak and so doth Plato also and of one of his Sides made Eve Otherwise his Body had been more round Male before and Female behind To which they say the Psalmist doth allude besides that of Moses Male and Female created he them or him at the first They have also an antient Tradition of which the Talmud and many of their best Writers that there should come two Messiahs and the first should attempt but not perform the full Deliverance But that he should dye and leave them in a doleful Plight so long till a second came and relieved them all and Reigned over them as David For they call him Ben-David as the former Ben-Ioseph or Ben-Ephraim Not only for his Relation to Ioseph but they use to call any Noble Gallant Man an Ephraimite And in that of their First Messiah they seem to allude to a common Story among them of Ephraim's hardy Attempt to carry them forth from Egypt But his Rashness cost him many thousand armed Men drawing the Bow but turning back in the Day of Battle as the Scripture seemeth to allude in several Places Those two distinct Men with the Iews seem but two distinct Estates in One and the same Messiah Which two Estates seem also to be Tipyfyed by Ioseph and Benjamin good Iacob's Darlings and the Sons of his beloved Rachel the good Jewish Church Somewhat it is the Scripture meaneth I believe in bringing Christ from Bethlehem-Ephrata by which we are also led and bid by St. Matthew to look on Rachel falling in Travail there and weeping for her Children who were not And often did she Weep if she could see how often they were not or seemed not to be So Ioseph in the Pit in the Dungeon in Egypt in Ephraim's first Attempt from Egypt So Benjamin in that famous History when all Israel wept as well as Rachel because Benjamin was not Yet again how oft did she must she Weep poor Rachel weepeth till she see them all again and so she shall in the latter Days as saith the Prophet Ieremiah And then also the Children of Barren Rachel may be more than of Fruitful Leah And another Prophet saith they shall be given up as deserted by the Father till she that Travailled shall bring
Parliamenti sedebunt nullus stabit sed quando loquitur ut omnes audiantur à Paribus And again Nullus solus potest nec debet recedere à Parliamento sine Licentia Regis omnium Parium Parliamenti hoc in pleno Parliamento Ità quod inde fiat mentio in Rotulis Parliamenti It may be possible That Bracton and Fleta with others may use the Phrase Pares in such a sence when they say That the King or his Commissioners should not judge and determine of Treason but Pares Which may be added to the 25 th of Edw. 3. reserving Treason to Parliament where of Old it seemeth only determinable so that The Mirror would not have it Endicted but by Accusation and in full Parliament as in King Edmund's Time c. Cap. 2. Sect. 11. and in Edw. the 3 d it was enacted That Offences of Peers and great Officers and those who sued against the Laws should be tryed in Parliament And although now the Phrase be given to all the Lords of Parliament yet it was most or only proper to the Earls whom by Law and custom the King styleth Consanguineos and he might style them his Peers or Companions as in Latine Comites So Bracton Comites dicuntur quasi Socii Regis qui habet Socium habet Magistrum and in another place A Societate Reges enim tales sibi Associant ad consulendum regendum Populum Dei and the like is in Fleta Comites à Comitiva dicuntur qui cum viderint Regem sine Freno Frenum sibi apponere tenentur c. which is also in Bracton The Mirror is yet clearer although the King had no Equals yet because himself or his Commissars might not be Judge it was provided by Law that he should have Companions to hear and determine all his Torts c Aux Parliaments and those Companions were called Countees Earls from the Latine Comites So also Sarisberiensis cited before in Hen. 2. Comites à Societatis participatione dici quisquis ignorat ignarus est literarum c. some will have them Comites Socii in Fisca because of old some Earls had a third part of profits accrewing by Pleas and Forfeitures in their Counties as the Laws of the Confessor and Mr. Selden in his Comes but he will also grant their name à Comitiva potestate rather than from such Communion of profits That the old Sheriffs also who were Vice-Comites did come to Parliament appeareth in the Ancient Writs and Histories and yet the Barons seem to be the Kingdoms Iudges and the present Earls may seem to sit in Parliament but onely as Barons who are now all Peers and Lords and Parliament But although the Lords were the great Iudges of the Kingdom and of all Members thereof yet it is well known that in full Parliament as old as Edw. 3. they did not only acknowledge but protest that they were not to Iudge the Commons in Cases of Treason and Felony being not their Peers How it was in Rich. the Second may be seen at large in the Rolls and Records now printed in Edward the Second the Commons proceeded by the Judgment of the Lords for which also the Fructus temporum cited before may be added to all in the Road. Appeals and Writs of Error were from the King to the Lords in Ecclesiasticals that touched the King they were to the Spiritual Prelates Abbots and Priors of the Upper House by Act of Parliament in 24 Hen. 8. till which it may be Temporal Lords had also Cognizance of such as well as Temporals And Writs of Error in the Parliament were Judged by the Lords for they came from the Kings Court his Bench or his Exchequer and if Errors had been in the Common Pleas or below it they should not be brought into Parliament but to the Kings-Bench and from the Kings-Bench as from the King not otherwise they came to the Lords and although there was a formal Petition for removing the Record from the King it was but of Course and the King could not deny it Which we found granted by all the old Lawyers and Historians as I shewed before and by the grand Master and Patron of Law King Edw. 1. in Britton because none may Judge in his own Cause Therefore in Causes where our self shall be Party we do consent que N. Court soit judg Sicome Counts Barons in Temps de Parliament In the Laws of Hen. 1. one of the Chapters beginneth thus Iudices sunt Barones Comitatus qui liberas in eis terras habent for in those times Barons were by Tenure only not by Patent that I know till Beauchamp of Holt in Rich. 2. nor by Writ that I can find till the Barons Wars but K. Johns Charter is to Summon Comites Barones Regni majores sigillatim per literas N. But all that hold in Capitae by general Summons forty days before the Parliament and that Negotium procedat ad diem assignatum secundum consilium eorum qui presentes fuerint quamvis non omnes submoniti venerint and the Summons of Delinquents or Suitors in Parliament was to appear and abide the Judgment of the Court not of the King but of his Court for the King is Father and not Judge of his People in his proper Person as was shewed before and all the Books agree that he must Commit his Jurisdiction unto Judges in the Courts of Justice and when he might assume great Offices into his own Hands by Parliament in Edw. the third all Judges were expresly excepted and the Judges Oaths and several Acts of Parliament require them to proceed according to the Law notwithstanding the Kings Command or Seal against it and the Register affordeth a Writ to Supersede or Revoke any such Seal from the King himself to any of the Judges And the Lord Chief Justices as the Lord Chancellor and Treasurer were Chosen by the Kingdom as we found before in the time of Hen. 3. how much more then should the Lords of Parliament be made by Parliament for else they be the Kings Commissioners So the Roman saith our German Fathers chose their Lords in Common Council to be Judges in iisdem Conciliis Eliguntur Principes qui Jura reddunt De Minoribus consultant Principes de Majoribus Omnes And Caesar also observeth that their Princes or Lords were their great Judges sed Principes Regionem atque Pagorum inter suos jus dicunt Controversiasque minuunt Yet Tacitus will also tell us that with those Princes they did joyn Commons Centeni ex Plebe Comites which were perhaps the Fathers of our County Hundreds And in K. Williams Edition of the Confessor's Laws when he inclined so much to them of Norwey Universi Compatriotae Regni qui Leges Edixerant came and besought him not to change their Old Laws and Customs of their Ancestors because they could not judge from Laws they understood not quia durum valde foret sibi suscipere
the Close is Acta haec confirmata apud Londonium Communi Concilio omnium Primatum meorum c. I should be unjust to our Laws if I should omit the Process and Plea of Morgan Hen against Howell Dha the good Prince of Wales Upon complaint they were both summoned by King Edgar Ad curiam suam and their Pleas were pacately heard In Pleno Concilio repertum est justo Iudicio curiae Regis quod Howell Dha nequiter egisset extra Morgan Hen filium sui Huwen depulsus est Howell Dha ab his duabus Terris the Lands then in question sine recuperatione Postea Rex Edgarus dedit concessit Hueno Morgan Hen illas duas Terras Istradum Euwias in Episcopatu Landas constituas sicuti suam Propriam Hereditatem illas easdem duas Terras sibi Heredibus suis Per chartam suam sine Calumpnia alicujus Terreni hominis confirmavit communi nostro assensu testimonio omnium Archiepiscoporum Episcop Abbatum Comitum Baronum totius Angliae Walliae factum est coram Rege Edgaro in pleno concilio c. This Record of King Edgar is in Codicae Landavensi fol. 103. I find it cited by the great Antiquary Sir Henry Spelman and it may be compared with the Monk of Malmsbury and Matthew of Westminster I must not relate the Visions or Predictions of the Fates of this Kingdom which Historians record about the Reign of King Edgar they are in print and may be read of all Besides the Prophecies of both the Merlins for the Scottish Merlin was fuller and plainer than the British in Vortigers time That I say nothing of Cadwalladers Vision or Alans Council which was long before the other Alane wrote on Merlin or of the famous Eagle of Shaftsbury that agreed with others in the Britains recovering their Kingdom again after their grand Visit at Rome whence they must bring Cadwalladers bones This leadeth me also to the Sybils Prophecy of three British Princes that should conquer Rome Brennus was one King Arthur some make the second Et quis fuit alter And of these Sybils or one of them sending a book to King Bladud so famous for the Bath and Greek-Schools or University at Stamford the Scotish Merlin seemeth to have written if among others I mistake not Baleus But of Edgar's Parliaments one was at Salisbury so we read in Chaucer or the old Fructus Temporum by Iulian Notary at St. Albans And of another of his Parliaments at Bath the Saxon Chronology at the year 973. His Laws are now printed and their Title is The Acts of King Edgar and his Parliament Mid his Witena Getheate gerred c. Here we find much considerable of Thanes which all will have to be Noble-men but it must be with them a Saxon word And Dhenian is to serve whence the Princes Motto Ic Dhaen For so it should rather be than in Dutch Ich Dien But why should Noble-men or those that were the freest have their name from serving Here they flie to Knights-service King-service or I know not what most proper as they say to free and Noble-men But from a Judge or Fleta we may be taught that the Saxon Dhaen or Thaen is a Servant but Thayn a Free-man And in this sence it seemeth to be used here As also in Denmark and Ireland Nor did the Britains differ much whose Haene or Hane is an Eldar although Hyne be sometimes used for a Servant And so the Irish Tane is Elder whence their Tanistry or Eldership the cause or sad occasion of such bloudshed These British Hanes the Saxons in compliance called Ealdermen St. Edward's Laws afford so much and it may be Thanes although with them they had the name of Greeues or Graves suiting well with Elders Hanes or Senators With which we may compare the Phrase of Seniores which we read so oft in Gildas Nennius Monmouth and others of the British and first Saxons times in Britain I should be tedious in but glancing over the Acts of Parliament in Edgar's time That of the Standard at Winchester is considerable and that of one Coyn through all the Kingdom The Mirrour is plain in making it an Act of Parliament in Saxon times That no King of this Realm should change his Money or embase or enhanse it or make other but of silver Sans l' assent de tout ses Counties Which the Translator is bold to turn Without the Assent of the Lords and all the Commons We may not omit the Act against unjust Judges or Complaints to the King except Justice could not be had at home For which also the Hundred-Courts were again confirmed and the Grand Folkmootes or Sheriffs Turnes established by Act of Parliament Of which and of their relation to Peace and War more in Edward's Laws which may afford a Comment for the Saxon Militia I need not speak of the Parliament at Calna it is famous enough where Considentibus totius Angliae Senatoribus the Roof fell down and hurt them most but St. Dunston Of which Wigornensis Iornalensis Malmsbury Matthew of Westminster and so many others may be cited King Ethelred's Laws have this Title in Lumbard Sapientum Concilium quod Ethelredus Rex promovendae pacis causa habuit Wodstoci Merciae quae legibus Anglorum gubernatur aefter Aengla-Lage Post Anglis Lagam as an old Author turneth it In those Acts we read of Ordale Sythan the Gemot waes aet Bromdune Post Bromdune Concilium It seems a Parliament And again Iussum ac scitum hoc nostrum si quis neglexerit aut profuâ quisque virili parte non obierit ex nostra omnium sententiâ Regi 100 Dependito By which it appeareth to be a Parliament and not the King only that made those Laws That which Sir Henry Spelman calleth Concilium AE 〈…〉 e Generale was clearly one of King Ethelred's Parliaments and the very Title is De Witena Ge●ednessan and tha Geraednessa the Englaraed Witan gee 〈…〉 c. And divers Chapters begin Witena Geraednesse is enacted by Parliament And the old Latin Copy of this Parliament telleth us that in it were Vniversi Anglorum Optimates Ethelredi Regis Edicto convocato Plebis multitudine collectae Regis Edicto A Writ of Summons to all the Lords and for choice of the Commons a full and clear Parliament In this Parliament were divers Acts for the Militia both by Land and Sea as most Parliaments after King Edgar and among others for Castles Forts Cities Bridges and time of the Fleets setting out to Sea It is made Treason for any to destroy a Ship that was provided for the State-service Navem in Reipublicae expeditionem designatam as a learned man translateth the Saxon. And no Souldier must depart without leave on forfeit of all his Estate None may oppose the Laws but his Head or a grievous Mulct according to the Offences quality must recompence It was here also enacted That Efferatur