PROPOSALS For PRINTING THE Fundamental Constitution OF THE English Government.
SHEWING The Antiquity, Nature, and Excellence of the ENGLISH MONARCHY; how the Liberties of the Nation have been preserv'd thro' the several Revo­lutions in it: What the Bounds set to the Prerogative of the Prince, and Privileges of the Subject; and what Harmony the Constitution has kept between 'em.

SOON after the Accession of His Present Majesty, with his late Royal Con­sort of blessed Memory, to the Imperial Crown of this Kingdom, was the First Part of the above-mentioned Treatise published: Of which, possibly, the less notice has been taken; because the Writers against this Govern­ment have thought it more prudent to enter the Lists with them who grant their Premises, than with one who disputes every Inch of Ground with 'em; nor fears to deny Principles long receiv'd, when he can trace 'em to their corrupted Fountains.

Most of the First Part having been some time since disposed of, and the Second and Third being ready for the Press, the Ʋndertaker intends to have the two First Printed together by the End of the next Easter-Term at the farthest; and the Last by the Beginning of the next Michaelmas-Term; with an exact Index to the Whole.

[Page 2] The First Part, among other things, shews;

I. That this Kingdom was founded in Contract; and explains that Contract, with its Natural and Legal Consequences.

II. Gives an Impartial Representation of the Publick Acts of the People of England, in Assertion of what they held to be their Right: and more particularly, of the Barons Wars in the Reigns of King John, and H. 3.

III. Instances are brought of the Claim, and Exercise of the like Powers, by other Descendants from the Old Germans.

IV. The Antiquity and Power of those Tribunes of the People, Earls Palatine, Lords High-Constable, High-Steward, and Earls Marshal, are touch'd upon.

V. Many Arguments are brought to evince, that this Monarchy is, in some sort, Elective.

VI. An Account is given of the Titles of H. 6. E. 4. H. 7. H. 8. of H. 8's various Settlements of the Crown, and the Effects of 'em, in relation to the Queens Mary and Elizabeth, and to King J. 1.

VII. The Antient Authority of Conventions of the States of the Realm, is vindicated.

The Second and Third Books prove at large, That William the Bastard, as his own Charters stile him, was in no Sense (now commonly received) a Con­queror of England, either at his first Entrance, or after; nor ever pretended to it, or acted like a Conqueror.

Wherein what has been urg'd by Dr. Brady, and the Author of Elementa Poli­tica, (since published under the Title of Vindiciae Regiae) with other late Wri­ters, to prove their Title to Slavery, is fully considered and refuted.

Particularly, in the Second Book, it is shewn;

I. That William 1. being qualified for an Election, was, in the Life-time of Edward the Consessor, chosen to succeed him; and that duly, according to the Law of Succession to the English Hereditary Monarchy: The Foundation of which, is prov'd to have been laid by the West-Saxon King Ina, Anno 699, more truly than by Egbert, Anno 800.

II. The Law of Succession, and Nature of the Inheritance in the Crown of this Realm, is shewn, and explain'd, by a Law pass'd in a General Council of this Nation, prior to the Fixation of the Monarchy, though subsequent to the Foun­dation of it; By King Alfred's Will; the Rituals for the Coronations of Kings of the Saxon, and Norman Race; and by undoubted Records, and the most antient Histories and Law-Books.

III. The Case of the Mortgage in Fee, to the late Bankers, of part of the Inhe­ritance of the Crown, is impartially considered.

IV. It is shewn, That W. 1. did not by his Victory over Harold, or others, break the Force of England.

V. That he was, in a proper Sense, chosen by the People of England, as well after his Landing, as before: and truly made a Contract with 'em both before, and at his Coronation; and renew'd that Contract more than once.

VI. From comparing his Real Title with the Ʋsurpation of Harold, occasion is taken to set the Controversy about King de jure and de facto, in its true Light.

VII. That Property was, throughout the Reign of W. 1. preserv'd upon the Saxon Bottom, is demonstrated from Doomsday-Book, that great Record of his [Page 3] Reign, yet to be seen in the Exchequer; from some of his Charters and Writs; and the best Writers of, and nearest, those Times.

VIII. The same is confirm'd from the large Omissions out of the Entries in Doomsday-Book: Which Omissions are shewn to have been greater, and upon o­ther Grounds, than Dr. Brady, and others have supposed.

IX. Upon examining the Lists of Tenants in Capite, or holding of the Crown in Chief, enter'd in Doomsday-Book, within three Counties near London; it is rea­sonably concluded, that the Majority of Tenants in Chief, throughout the King­dom, were Saxons, and others, settled here before the Time of W. 1.

X. It is shewn, by the List of the King's Tenants in the three Ridings of York­shire; that in Parts of the Kingdom remote from London, few of the Owners of Land are to be thought Normans, or other Followers of W. 1.

XI. It is shewn, That many of the English Saxons were Barons throughout his Reign; that some continued in great Offices both in Church and State; and were Witnesses to his Charters pass'd in Parliament or elsewhere; longer than they who argue for a Conquest will allow.

XII. That English Saxons continued Earls for some Years after his Entrance; nor did he take Life or Honour from any one of 'em, without legal Trial.

XIII. That Counties Palatine were held by the Saxon Right of Succession.

XIV. An Account is given of several Saxon Families, which continued consi­derable all his Reign, and long after.

XV. It is shewn by particular Instances, and by way of Supplement to Sir William Temple's ingenious Book on this Subject; That the general and tragical Expressions of some of the old Monks concerning his Reign, are to be taken with Limitations.

XVI. It is made evident, That the Saxon Law was the receiv'd Rule of his Government: nor was any Change of that Law made in his Time by Parliament, or otherwise, to the Prejudice of the English Nation.

XVII. That he made no Alteration as to the Form, or Power, of the Great Council of the Kingdom.

In the Third Book, it is shewn;

I. That neither W. 1. nor any of his Successors, made any general Laws, without the Consent and Authority of the Great Council, or Parliament; and that the Pretence to a Legislative Power, without such Consent and Authority, was always fatal to the Pretenders.

II. That neither he, nor any of his Successors for many Descents, ever pre­tended by their sole Authority, to dispense with Common or Statute Law; and that the Dispensations of more Modern Times, have been under considerable Re­strictions.

III. That the Constitution has given bounds to the Pardoning Power; and that no Pardon, unless pass'd or ratified in Parliament, can defeat an Impeachment; or qualify one to be a Witness, whom the Law had disabled.

IV. That the Supream Judicial Power, under the King, both ordinary and ex­traordinary, has resided with the Peers of the Realm: that their ordinary Power, such as us'd to be exercis'd out of Parliament, is discontinued; but the extraordi­nary remains; with some Limitations, occasioned by their Modern Practice in some Cases, and Desuetude in others.

V. That the Law of the Kingdom, as well as the Canons of the Church, limits the Jurisdiction of the Spiritual Lords to Cases not Capital.

[Page 4] VI. That the Lives of the Subjects were never at the absolute Disposal of the Prince, in Times of Peace or War. And as the Equality of the Trials of Com­moners has been preserv'd from before the Reign of W. 1. to this day; so was that of Peers, till the Trial of the Earl of Warwick by a cull'd Number of Peers, in the Time of H. 7.

VII. An Account is given of the Antiquity and Distinctions of the Baronage, or Barnage, of England.

VIII. It is made evident, against all Objections, that the Commons were al­ways, from the Beginning of this Monarchy, essential, and very significant, Members of the Great Council, or Parliament: and, for the most part, till the latter End of the Reign of H. 3. Proprietors of Land, as such, came to the Great Council, in their own Persons.

IX. That Cities and Boroughs came by Representation, from the Times of their respective Erections: and that probable Grounds may be assign'd for their having Representatives; while the others came in their Personal Right.

X. That the Kings of England have several great and useful Prerogatives: and that Common and Statute-Law have made due Provision, for their Safety, Ho­nour, and Supply.


I. THIS Book shall contain about Three hundred Sheets.

II. In regard of the great Expence that the Author has been at for Manuscripts, and Records; and that the Margins are very full of Quotations; they are propos'd at 30 s. compleat in Quires, 15 s. to be paid in Hand, 10 s. more at delivery of the First and Second Books, and 5 s. more at delivery of the Third.

III. Every Person who will subscribe for six Books, shall have a se­venth Gratis.

IV. The Subscribers are desired to make their Payments to the Un­dertaker, John Salusbury, at the Rising-Sun in Cornhil. Where the Proposals are to be had.

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