Neither is it so in the Case of a particular Person only but if the whole Body of the people of this Nation should take upon them to do the like absque assensu Regis The Judges holding that where a War shall be so declared against any in League with the King without his consent and allowance the League is not thereby broken The like holds in all cases of Confederacies and Combinations which forced the late Rebels in the time of Charles the First to declare this Kingdom a Common-wealth before they could prevail with any Forrain Princes to treat with them and very few did it then Wherefore it is recorded as a wise answer of that Parliament in the Seventeenth of Richard the Second who when that King out of a necessitous compliance with the People offer'd them leave to take into their consideration some concerns of War and Peace Replied It did not become their Duty neither in Truth durst they presume ever to Treat of matters of so Transcendent Concernment No doubt then can there be of that Jus Foecialis 5. Jus Foecialis or right of Legation in directing sending and receiving all Embassies which Curtius calls Jus Regium a Power so Singular and Absolute that as (b) Bod. de Repub. Bodin and (c) In State Christ printed Anno 1657. H. Wotton both men of sufficient Authority affirm divers of our Neighbour Princes who yet call themselves absolute as the Kings of Hungary Poland Denmark Bohemia c. have nothing like it being bound up to consult with their People about all publick concerns before they can make any Conclusion of Peace or War Whereas all Addresses of State are made to Our Kings as I shewed in part before without any Obligation of their parts to communicate any thing to any of the Members of their great Council Privy Council or Common Council much less to either of the Ministers of State whether Secretaries or others however sworn to Secrecy and Trust Nor needs there a more pregnant Instance of the Kings inherent and determinate Prerogative in this point than that verbal Order of King Henry the Eight to the Lord Gray Governour of Bullen who upon a dispute about demolishing a Fort the French were then erecting by the name of Chastilons Garden contrary to the Sence of all the Lords of his Council expressed in Scriptis and which was more the formality of his own Letters confirming their Order did by a verbal Commission only privately whisper'd to him Justifie him in flinging down that Work which was a manifest breach of the Peace with the French and consequently a Capital crime in the Governour had not the same breath that made him forfeit it given him his life again which President as it was very remarkable so it proves that which follows 6. Jus Vitae Necis 26. Jus Vitae Necis that highest power of Life and Death to be only in the King being signaliz'd by the Ceremony of carrying the Sword before him in all publick Processions and is in truth so antient and undoubted a Right of the Crown that upon this Account only we find all the Pleas touching life and member to be call'd by the Lawyers Placita Coronae and all Capital Offences of high treason are termed Crimina Laesae Majestatis in proceeding whereon no Original Writ is necessary as in civil Causes but every Constable as the Kings Deputy may Ex Ossicio without any Process seize on any Murtherer Traytor or Felon and till the Statute of Magna Charta 17 of King John it is manifest that every mans Person was so subjected to the King by his Oath of Allegiance from those words De vita de membro that the (d) Vita Membrasunt in Potestate Regis Bracton l. 1. fol. 6. Cap. 5. Sect. 18. King at his pleasure might Imprison any man without process of Law or giving any cause for it and however the King has been pleas'd to circumscribe himself by Law since for the greater assurance of his Grace to his People yet the Judges have still so far respect to the Kings honour in this particular that upon the Commitment of any person by the Kings Command or by Order of the Lords of his Council they do not take upon them as perhaps by strictness of Law they might to deliver the Person till the Cause be first shewn and then expecting a Declaration of the Kings further pleasure bind him to answer what may be objected in the Kings behalf 7. Jus Rerum Sacrarum 27. The last and highest Prerogative as being purely Spiritual is that Jus Rerum Sacrarum to which no Princes in the World had a fairer Pretence than those here if considered as the only Christian Kings foster'd with the milk of a distinct National Church The Kings of great Britain the only Kings of a distinct national Church that may as properly be called the Sister as those of France Germany and Italy are call'd the Daughters of Rome and therefore the Pope when he naturaliz'd as I may say all the Christian Nations within the bosom of the Church he declared the Emperour to be Filius Major the French King Filius Minor but our King Filius Adoptivus neither matters it much though they prove our Church to be the younger Sister that disparagement if any it be being abundantly recompensed by being as indeed she is the most innocent the most beautiful and perhaps the most fruitful Parent of the two having Matriculated no less than eight Nations now as great almost as her self in the first Ages of Christianity and been the Foster-Mother to as many more in this last and most knowing age The Protestant Religion more properly called the Catholiâ—k Religion than that of Rome whereby the Reformed Religion as it is now vulgarly called to difference it from that of Rome is become as universal as that they call with so much Ostentation Catholick which if confined within the Range of the Church of Rome is not above a (c) Purchas Pilgrim cap. 13. lib. 1. fourth part of Christendom if so be the Computation of our modern Geographers be not mistaken who put Sweden in the Scale against both the Iberia's Italy and Spain and England Denmark and the Hans Towns against France which yet we know is Checquer'd in their Religion having divers Towns of the Reformed Judgment besides those Lesser Congregations in Poictou Gascony Languedoc and Normandy and take out of Germany suppos'd to be the third part of Europe two intire parts the whole being divided into three that at this day are integrally Protestant that is to say in the East Poland Lithuania Livonia Podolia Russia minor with divers Parts of Hungary and Transilvania even to the Euxine Sea in the West the Cantons of Swizzerland the United Provinces with the Grisons and the Republick of Geneva the South and North parts being yet more intirely Protestant and the heart of it every
little disordered by it but those since who have found the benefit of having the Laws mysterious and less intelligible have little cause to decry him for it unless for this cause that they are never pleas'd with any fighting King In fine he strain'd not the Prerogative so high but his Son Henry the First let it down again as low when he restored to the People their ancient freedom of General Assemblies or rather permitted them a kind of share with himself in the Government by instituting a form of Convention so much nobler then any thing they had been acquainted with in elder timety in that the Peerage sate as so many Kings parting stakes with Soveraigns if what * Who was Lord Chief Justice to his Grandson Hen. 3. Bracton tells us be true who saith there were many things which by law the King could not do without them and some things which legally they might do without him which those that have read upon the Statute of Magna Charta can best explain This was not therefore improperly call'd the Parliament in respect of the Freedom of parlying after another fashion then had been permitted to their Ancestors in former Meetings which being Ex more or as they were wont to phrase it of Custome Grace during all the time of the Saxon Kings we cannot imagine their Debates to be much less restrained then themselves who attending in the Kings Palace like the Lords of the Councel at this day having had the honour to give their Opinions in any point of State submitted the final Judgment and determination to the Kings will and pleasure And whereas then the Commoners were wholly left out of all Consultations unless with the Learned Lambert we may think them included in the word Barones which seems to have been as equivocal a term heretofore in England as that of Laird yet in Scotland they now were made partakers of the like priviledge of voting as the Lords so that in Henry the Third his time to look no further backward we find them call'd by the yet continued stile of Knights Citizens and Burgesses to consult together with the Lords pro Pace asseverandâ firmandâ c. as the †lib. St. Alban f. 207. 4 H. 3. Record expresses it neither sate they when they met as Cyphers to those great Figures For when Pope Alexander the Fourth would have revoked the Sentence of Banishment past upon his proud Legate Adomare Bishop of Winchester for that he was not as he alledged subject to lay Censure they took upon them to give their Answer by themselves and it was a bold one That though the King and Lords should be willing to revoke it ‖ Vt pat Chart. orâ—g sub sigil de Mountford Vic. tot Communitat Rot. Parl. 42 Hen. 3. Communitas tamen ipsius ingressum in Angliam nullatenus sustineret How far their Priviledges were afterward confirmed and enlarged by several Kings successively but more particularly by that most excellent Prince Henry the Fifth who first allowed * 2 Hen. 5. The Petition of Right and permitted it to be entred in their Journals as the Great Standard of Liberty is not unknown from which time it hath been esteemed the second Great Charter of England whereby we were manumitted into that degree of Freedom as no Subjects in the world enjoy the like with like security from the fear of future bondage For as no man can be made lyable to the payment of any more or other Taxes then what himself layes upon himself by his representatives in that great Pan-Anglio call'd the Parliament so all the Kings of England since that time have been pleas'd to accept the Aids given by them even for the necessary support of the Government as so many Freewill-Offerings And well it is that they esteem them free since they are not obtained without a kind of Composition I might say obligation to give good Laws for good mony wherein the performance on the Princes part alwaies precedes that on the Peoples But there is yet something further then all this that renders the Norman Conquest so much more considerable then either that of the Romans Saxons or Danes by how much it spread its wings over the Seas into those goodly Provinces of the South never known to the English before thereby not only giving them Title to keep their Swords from rusting as long as they had any Arms to draw them forth but the Advantage therewithal of a mutual Conversation with a civiliz'd People who introduced so happy a Change in Laws and Language in Habits and Humours in Manners and Temperature that not only their rough I might say rude Natures no way inclin'd before to any kind of Gaiety admitted of smoother Fashions and quicker Motions but their dull Phlegmatick Complexions pale and wan by the continued use of dozing dreggy Liquor Ale became as ruddy as the Wine they drank which having more of Spirit and Fire then that other heavy composition sublimated their Courage and Wit and render'd them more lofty and eloquent both in Action and Language the last being before so asperous harsh and gutteral that an hours discourse together would have indanger'd the skin of their throats but being softned by the French and Latine Accents it became so gentle and smooth that as a Modern Master of Elocution hath observ'd 't is now so soft and pleasing that Lord Faulkland Prefat to Sands his Translation of the Psalms those From whom the unknown Tongue conceals the Sence Ev'n in the sound must find an Eloquence From the Normans likewise we had that honourable distinction of Sirnames which however they borrowed in the first place from the French who as Du Tillet tells us were about the year 1000 much delighted with the humour of Soubriquets * Vid Buck. Vit. Rich. 3. or giving one another Nic-names as we commonly call them insomuch that two of the very chiefest Houses amongst them the Capets and the Plantaginets had no other rise for their Names were continued no where with that certainty and order as amongst us here to the great renown and honour of our Families whose Nobility if it exceed not the date of the Norman Conquest may yet without any disparagement compare with any of those who call themselves the unconquer'd Nations of the World It being space long enough considering the vicissitude of time and power of Chance to antiquate the glory of great States much more of private Families and few there are that have attain'd to that Age. For however Honour like old Age magnifies its reverence by multiplying its years yet it is to be considered that there are visible decayes attend Veneration and it may so fall out that Names as well as Men may out-live themselves while the glory of a Family by over-length of time being less known may be the more suspected to have been but imaginary as some who exceeding the common bounds of certainty do pretend to justifie
to both yet neither was so tortur'd between the Consideration of what was safe and what was Just that it appear'd in bringing the Earl they had brought him to Tryal and put him into such an Agony as shook the very Foundations of the Government And this Hesitation of his prov'd to be the Groundwork of three the most Important Jealousies that ever troubled any State the Parliament thereupon declaring themselves dissatisfied in the Security of their Religion Proprieties and Priviledges to the clearing whereof they made not long after three as strange Proposals 1. For the Extirpation of Bishops 2. The Establishment of a Triennial Parliament 3. The Delivery of the Militia into their Disposal This Contumacy of theirs taking its rise from the Confidence they had in their Brethren the Scots who all this while continued in Arms upon the Borders for want of money to disband them eating like a Fistula Insensibly into the Bowels of the Kingdom he made it his first care to cure that Malady wherein he proceeded with that great judgment and skill that in paying them off the Parliament gave the Money but he the Satisfaction having thereby so far recover'd the good Opinion of those People however they came to be perverted afterward that as soon as he arriv'd in their Country whither he went in Person presently after the Peace was concluded they gave him two notable Instances of their Duty and Submission The first Publick in reviving that good old Law there which made it Treason for any to Leavy Arms without the Kings Leave and Commission The second Private in the discovery of the five Members here that had been the principal Engineers to draw them into England But whilst he was busie in quenching the Incendiations of Scotland behold a more dreadful Fire breaks out in Ireland the Matter whereof was so prepaâ—'d that there appear'd very little or no smoak of Suspition till it was all in a Flame and which made it more terrible was That the Rebels pretended to take their Rule from the English as their President from the Scots in defending their Religion Proprieties and Liberties by Arms all which being as they said undermined not knowing how soon the Blow might be given they thought it justifiable enough to prevent what they could not withstand Now to prove that their Religion was in danger they urg'd the Preparatory Votes and Menaces of the House of Commons in England and for the proof of the Impairing their Liberty and Proprieties they referr'd to the Remonstrances of those in Scotland who made it the first motive of their rising that they were like to be reduced to the slavish Condition of Ireland in being brought under the Form of a Province and subjected to the insupportable Tyranny of a * The placing a President ov r the Councel of State being the Ground of that Fear Lord Lieutenant And now to add a Varnish to this Colour they declar'd for Preservation of the Kings Rights as well as their own swearing to oppose with Life Power and Estate all such as should directly or indirectly indeavour to Suppress the Royal Prerogative of the King his Heirs and Successors or do any †Referring to the Proceedings of the Parliament in England who had but a little before taken away the Tonnage Poundage the Sâ—ipmoney Court of Wards High Commission-Court and were earnestly contesting for the Militia c. Act or Acts contrary to the Royal Government This Declaration of theirs was written with a Pen of Iron in Letters of Blood as believing that no Rebels in the World had more to say for themselves then they at least that they had much more matter of Justification then either the Scots or English could pretend to who justified themselves by seigning only to suspect what t'other really suffer'd under Neither perhaps had the World so condemned them all Circumstances considered had there not appear'd a Self-condemnation within themseâ—ves by counterfeiting a * Whiâ—h that it might be the more authent câ— they take off an old Seal from an Absolâ—te Patent to Farâ—ham-Abby which they annex'd to it Commission from the King to justifie this their Arming falsly bragging that the Queen was with them and that the King would very shortly come to them Which as it was a base and abject piece of Policy that lost them more Credit when it was detected then it got them Repute while it was believ'd so it was malitious towards the King to that degree with respect to the Condition he was then in that it cannot otherwise be thought but that having murther'd so many of his Protestant Subjects they had a mind to murther him too The Consequences of that great Suspition it brought upon him being such as he could never recover the disadvantages it fastned on him till he fell finally under the power of those Sons of Belial who destroyed him for no other Reason but to destroy Monarchy it self So that he was not much mistaken who confidently averred It was the Papists brought him to the block the Presbyterians that tuck'd up his hair and the Fanatick that cut off his head Whereof he himself was so sensible that the very last words he us'd as if to shew he alike abhorr'd either of them was to profess He dyed a Christian according to the Profession of the Church of England as he found it left him by his Father foreseeing that he should suffer more by Reproach then by the Axe After which he resigned himself to the fatal stroke with that cheerfulness as shew'd he believ'd by removing that Scandal only he should get a greater Victory over his Enemies when he was dead then ever they got over him whilst he was alive The ill news of Ireland drew him with all imaginable haste out of Scotland But before he could come to the Consideration of that great Affair he was prevented by the Parliaments renewing their old Complaints who found a slight occasion of quarrel to introduce other matters that they knew would widen the Difference beyond all reconciliation for his Majesty having taken publick notice of a Bill that was depending in the House whereby he thought his Prerogative pinch'd to which therefore he offer'd a Provisional Clause with a Salvo Jure to himself and the people to prevent all Disputes at the passing of it they interpreted this to be so high a violation of their Priviledge that they pray'd to have the Informers brought in to condign punishment Seconding that Petition with a Remonstrance against all those whose Affection or Interest they thought might be serviceable to him under a new coyn'd name of Malignants which they ranged into three Classes 1. Jesuited Papists 2. Corrupted Clergy-men and Bishops 3. Interested Counsellors and Courtiers concluding thereupon 1. That no Bishops should have any Votes in Parliament 2. That no People should be imploy'd about him but such as they could confide in 3. That none of the Lands forfeited by the Irish Rebels should be
as himself observ'd for the most part their Graves the Vote of Non-Addresses being as Earth flung upon him Fortune cruelly brings him to Life again by the Cordial of unexpected hopes heightned by the Zeal of several Counties declaring for him Divers Lords in Arms again at Land and his own Son with others at Sea these incouraged by the Revolt of several Towns those by the coming in of several Ships so that there were no less then Two thousand in Arms for him at Sea with Twenty good Ships and not so litt e as Ten thousand at Land with Horses Arms and Ammunition suitable And which was yet more considerable the Grand * Call'd The Committee of Danger Committee of State in Scotland whose very name carried Danger in it allarm'd them by sending the Propositions following 1. To bring the King to London or some of his Houses near with Freedom and Safety 2. To disband the Army 3. To punish those that had deteined him in Obscurity 4. To restore the Secluded Members 5. To establish the Presbyterian Government and suppress Sectaries And that they might yet appear more like a Committee of Danger they sent a formidable Army under the Conduct of Duke Hamilton to make good their Demands and to give their Nation the Honour of being the last as they were the first in Arms in this unhappy War The terror of these formidable Preparations incourag'd by several Petitions out of the City and Country moved the affrighted Parliament to consent to a Personal Treaty whilst the Army was busie in disputing the Points with the Sword and accordingly they recalâ—'d the Vote of Non-Addresses and sent their Commissioners to wait on the King at the Isle of Wight where he argued so like a Divine with the Divines so like a Lawyer with the Lawyers so like a States-man with their Matchiavillians that they went all away fully satisfied in their belief of his Wisdom Piety and Justice and upon the publishing his Conditions the Houses voted him to be in Honour Freedom and Safety according to the Laws Here seem'd to be nothing wanting now but a Sword in his hand to have once more disputed it with the Sword-men too and then possibly he might have saved himself and the despairing Nation But just as every man was making ready to bring in his Peace-Offering in Confidence that the King and Parliament were fully agreed the inraged Army returning home from the Conquest of all those that had oppos'd them doubly dyed with Blood and Treason alike Enemies to Peace and Reason broke down the great Chain of Order which binds even the Divels themselves and first seizing on him next on them sent no less then Forty of their principal Members to Hell a Place purposely made their Prison not so much for any conveniency of Reception or nearness of Scituation as the Uncoughness of the Name that by the conceipt of being typically damn'd they might bring them into despair and tempt some of them as after they did to become their own Executioners Ninety more they turn'd quite out of the House and appointed a day for turning out all the rest In the mean time they publish'd a Modification which to make the more acceptable they term'd The Agreement of the People by which the number of the Representatives of the Nation was reduc'd to Three hundred half which were to have power to make a Law and during the Intervals of Sessions a Councel of State was to govern This Model was put into the hands of those Members of their own Faction who besides the Confirmation thereof had Instructions given them for passing six other Votes 1. For renewing that of Non-Addresses 2. For annulling the Treaty and Concessions at the Isle of Wight 3. For bringing the King to publick Justice to answer with his own all the Blood shed in the War 4. For summoning in his two Sons the Prince of Wales and the Duke of York to render themselves by a day certain to give satisfaction on their parts otherwise to stand exil'd as Traytors to their Country 5. For doing publick Justice upon all the Kings Partakers 6. For paying off all their own Arrears forthwith How obedient Slaves this Rump of a House were to these their own Servants who could not find in their Heart to pay the least respect to their natural Prince appears by the Sequel For immediately they gave them or rather permitted them to give themselves above Sixty thousand pounds and voted that the General should take care to secure the King and the Councel of war to draw up a Charge of High Treason against him Lord Faulâ—land Behold the frailty of all humane things How soon great Kingdoms fall much sooner Kings This as it was an Insolence beyond all hope of pardon so nothing could justifie it but such a Violation of all sacred and humane Rights as must not only out-do all Example but out-face all Divinity and Majesty at once by erecting that High Court of Justice as they call'd it to try him as a Rebel against himself Preparatory whereunto they made Proclamation at Westminster-hall Cheapside and the Old Exchange that all that had any thing to say against him should come in at the prefix'd time and be heard And for the greater solemnity of their intended Paricide the Law was silenced that is the Tearm put off for fourteen dayes in order to the better formalizing the disorder that was to follow And now having brought the Royal Prisoner to their Judgment Seat they proceed to arraign him with not unlike Impudence and Impiety to that of the Rascal Jews when they brought the King of Kings to Tryal whom as they charg'd to be a Perverter so these charg'd him with being a Subverter of his People both Prisoners being in this alike Guilty that eithers Crime was the owning himself to be a King which as the Jews could not indure then so neither could these now Their King thought not fit to give any Answer to his Accusers this King preparing to give sitting Answers could not be heard But he had this satisfaction to hear Pontius Bradshaw the President by whom he was to be condemn'd condemn himself first and all his Fellow Paricides by a Reply to him not less absurd then observable For his Majesty reasoning upon the unreasonableness of not being suffer'd to speak for himself said Where is there in all the World that Court in which no Place is left for Reason to which t'other unwittingly reply'd Sir you shall find that this very Court is such an one Nay then retorted the King in vain will my Subjects expect Justice from you who stop your Ears to your King ready to plead his Cause Thus they strangled him before they beheaded him and designing to murther his Soul if possible as well as his Body added to their Denial of Justice so many Contumelies Indignities and Affronts as were enough to have tempted him to despair had not his Faith been as strong