IT would require a History, and more then a common strength, to deduce from the Original, the sad causes of the calamities, the Christian World for these last Ages has groned under; not a little terrible are the Earth­quakes which an innovation of wor­ship brings with it, for being the great­est sin, the greatest judgement must follow at its heels; and as often as this holy anchor is loosened, the ship of the Common-wealth flotes; Religion be­ing like the heart in the body, full of the vital spirits, yet the least rude touch dissolves the whole frame. 'Tis most true, the superstition of a faith too, is as mischievous, and infatuates every where betwixt errors opposites, the causes of erring being common, and the same reason being found in all contraries, for that we may not make [Page 2] onely criminal, the many heads of theVerul. nov. organ. se Lysi [...]. Nican. Knoxe and Bu­chanan, Mariana and Bellarmine, the Papist & Pu­ritane agree, in placing all power in the people, in resisting, depo­sing, and mur­thering Princes. new Religions, we shall finde the same discord and rage among the Ro­mane Orders, the same disposition and propension to be quarrel the pow­er of Kings, and subvert the peace and state of Kingdoms, the swords which these late ones strike with, being whetted by those, who most revile the present hands: I will not revive that Bishops pretences, to the supre­macyAnton Sum. p. 3. tit. 21. of secular Empire; not shew where he claimes the honour of holy Angels, and the kisse of the feet, which they never suffered, nor observe that Caesars throne must stand no higher then the feet of this Vicar: That theCerem. Rom. l. [...]. s. 2. c. 2. Angels may not oppose his determina­tions Suar. rom. 1. disp. 44. s. 1. Kellen 66.. (Like our revelations they are principles, and like presentments in the Leets, to be imagined as true as Gospel,) To him, as to Christ, eve­ry knee must bow Capistran. de author. pap. et concil. 94. Blondus.. All Princes of the Earth honour and worship the Pope as a great God: Nay, their glosse of the Canon, cals him our Lord God; [...]. [...]el. hist. fic. l. 8. c. 4. Concil. Trid. 103. And thou which takest away the sins of the world, have mercy upon us, is com­mon: And not to be lesse then our New Lights, the Bishoy of Bitonto [Page 3] at the opening of the Trent Counsel, told the Assembly, The Popes light was come into the world, and men loved dark­nesse more then light. This was too fu­rious to hold, Age and its own vio­lence had worn it low, and the swel­ling was rather contemned, then sub­mitted to, when a new succession of rashnesse, precipitates in, and a Re­formation, which interpreted, was but zealous madnesse, so much with­out discretion and charity, that in­stead of remedies, wise men can look for nothing, but the same miseries, under other names, like Plagues, whose infection a new clime may give a new term to, and difference them in some effects, yet the air is onely changed, the malignity and pestilence remains, and they are the same mor­tal plagues still; and so much worse, as a multitude enraged is more fatal then a single Tyrant: And nothing has so much contributed to the distra­ctions, as the vain glory of a proud and self conceited Leader, who must allow no way to [...]eaven, but upon his ladder, who must innovate every where, and rather then quit an opini­on, taken up by chance, or in haste, (or [Page 4] out of hatred onely of those he had justly forsaken) and might, more then the Jehuite considered, be an Article of the Nicene, or Apostles Creed; let Melancthon preach his union Synod sub Pa­tricio. Nemo au­deat scindere uni­en [...]m., and his peace, (sure of some worth,) till he be hoarse, fire shall be call'd for from Heaven, and under the notion of clean­sing, the Church shall burn to ashes from the altars flames: the Calendar was imperfect and faulty, the Pope [...]. de Thou. 579. perceives it, and corrects it, the Lu­therans agree tis a correction; yet what peace, since the whoredoms of this Jezebel are so many. It was Doct. Reynolds at Hampton, the Papists had used the Crosse, and the King must take that for crime enough; yet doubtlesse had not the Augustane Divine been exceeded, (who whether more tem­perate from the experience of Mun­cer, and the Anabaptists, the Odium which the frequent seditions and Presbyte [...]ian insolence brought with them, or their own wisdom,) we had not been where we are now: For pre­sently with a garb and outside cut out but to enslave beggarly Geneva, (and no reason it should extend beyond the first intention,) in comes Mr. Calvin, [Page 5] whose Seminary Priests, I shall com­pare, with those that scandalized them and us, from an Author, who was thought to wish them very well. And it will easily appear, that defici­ency and excesse, heat & cold, though they make several poysons, murther alike, and a negative cowardly super­stition, is as noxious as the affirma­tive: Nay more, since no Man can come to this abundancy, but by the confines of the vertue, which the a­bundancy might become, were the tu­mor of this nimiety but faln, but defi­ciency participates not at all. First then, I will consider the Discipline The King [...] Evil., and note how fiercely she soars at that supremacy and infa [...]libility, which her Champions, and the purer Churches cannot tolerate in any. It is, sayes one, Justa authoritas Ecclesiasticorum, the1 Tr [...]u. de discipl, 142. 2 Pe [...]tie. 3 Sions Plea. [...] true and just authority of the Kirk, The holy one, the soul of the Camp-royal of Christs mystical body. 3. The proper character of the true Church, (so then all salvation is within her walls; there was none for mankinde till some hun­dred yeers since, when the great Her­cules conquered Time and Lethe, and drew up from the deep, from the [Page 6] of night and oblivion, this beautiful Proserpine, to an alternateTran. ibid. Dominion on earth,) Christ had not proved himself a Prophet like Moses, had he not instituted it. And as if a new Religion could alter power of jurisdiction, for its dominion, Om­nes Ibid. Buch. d. jur. [...]gn 57. principes & Monarchas parere ne­cesse est, fasces submittere, All PrincesSions Ple [...]. Their Synods of Blois, Privas, &c. were held with­out the Kings au­thority, they stile their Ordinances and Edicts in their favour fun­damental laws, Lov. 13. They joyn in all rebellions, no act of Majesty good but under their teste, Ibid. 43. 53. must be their obedient sons, or execu­tioners, must lay their Crowns at the feet of the great Queen. Nay the French, as nearer their Mothers breasts, declare, That the power of their Synod ought to precede that of Kings, that by it Kings must rise or fall.

It will not be to any purpose to shew how the certain key of Scrip­tures, and all exposition there, is theirs, how every dissentient is an Amalekite▪ a Moabite, and luke warm, and is mean [...] by every cursing Prophet, Curse y [...] Meroz, (to be revealed in the nex [...] Apocalypsis of holyes, either map o [...] land,) & those texts to be drawn upo [...] him, he that has, to his misfortune indured one of our pulpit storms o [...] late years shall finde it; Nor how Ton [...] Cartwright excommunicates Kings [Page 7] what they dislike in the Vatican, is but from a Roman spirit, who would sup­presseThe Hug. of Charles the 9. and Henry the 3 dayes. all other Potentates, to rob the freelier themselves. Let it be lawful, having set Calvin in his throne of Ca­liph, to see what followed, and so de­cline homeward. France had rested in a long repose for many years, unfright­ed with the terrors of a civil war, the people not accustomed to take up arms against the Princes name, then which, sayes the Sieur du Rohan (that used it too often from the Geneva do­ctrines) nothing does more easily tear up from the Subjects hearts, the reve­rence due unto him, when the evil spirits and Emissaries of the Lemane Lake, spread their superstition and disobedience, together, (it being a maxime of their ministers, That it is Hist. Lou. 13 14 [...]. impossible to serve the Churches faith­fully, and serve the King too) allegi­ance, honour, fidelity, friendship, all locks flye open, arm, arm, rings eve­ry where, their own jealousies, fears, and distrusts, with the opposition of their enemies, which they must needs make, leaving no place quiet, they be­ing Suspicax hominum genus & secta­rium [Page 8] malum Thuan 322.: doubting every thing, and assuring themselves of nothing: their character is visible in Rochels definition, and the testimony of a Protestant, an eye-observer, though not of the Primitive reign, he writes of the Rochellers, We hear daily furi­ous Grot. ep. 124. things, I tremble, when I consider, whither this contumacy may break, forgetful of its self and others. Again, They talk much of peace, Monsieur du Rohan (the Essex of the Covenant) is Ep. 14 [...]. thought to propose things just, the stop is in the Rochel assembly (or Synode) made up of hair-brain'd madmen: And by their actions they weigh no lesse; their first sin was that Mother of Puritanes Sacriledge [...]md. el. 131. T [...]an. 505.. They gaped at the Bishops Mannors, as Thuanus, who calls the war, the Episcopall war; in Poictires they set them to sale. I cannot forget an impiety or two of theirs, so abominable, the moderate of their party, (be there any such,) must condemne them, Poncenac a Captaine of that Cove­nant,Ibid. 28. fired an Abbey of the Clug­niacs, so full of all Manuscripts, the losse is never to be repaired, not [Page 9] in Amara it self, this zeal opened the grave: The house of Ʋendosm Id. 101. 103. 104. of the blood, is forced to a Resur­rection before the day: Anne of Laval scapes no better. (Hermodorus is banished by the Ephesians, who would have no man frugal or good alone,) and John of Engolesm, the Kings Ancestor, is torn up by these Jackals; his piety was his Delin­quency, and they justifie the action, upon the necessity, to prevent ado­ration; his Coffin melts into bullets, he is voted to the fire, and hard­ly scapes this Purgatory, and (what was sport enough,) the Monks are hanged in their belropes. Concerning resisting the Majesty Royal, theyThu. 250. D [...]ctrines were of two opinions, the first Dan­delot, Bo [...]i [...] of the same opinion, [...]. Leaguer. the Admirals brother Broches: It was this, Conspiracy is that of singu­lars; the attempts of the universal are most just: the body of them were not so scholastical, they conclude the war lawfull if the Prince abuse his power: without troubling them­selves to define the abuse, or appoint a judge, though they intended onely themselves in both, yet they of Rouen were much perplexed in the birth, [Page 10] of these wholesome doctrines, and with grief of heart, (no doubt) resent it much, that the Sorbon should joynV. [...]ox ex [...]ort. 91. 9 [...]. the Kings Deposition with his Here­sie. But can there be thunder and earthquakes, and the Pastors not there? does Antoin Chande (like the Knight Quixote) first Zam riel, then Zadael, The Pastor of Pa­ris, who changed his name 40 times Thu [...]n. meditate nothing, but his 40^th altiso­nant name nothing lesse. France was not so happy to suspect her new Do­ctors, who like Zuinglius and the Zu­rich Ministers, fight before the prin­cipia, lead the front of battels. Charls Our Or [...]hodox Cle [...]gy never present at the tryals of blood, unlesse with the book of mercy. of Suderman, the Rebel of the Swede Sigismund, tries the Nobility faithful to the King, (who had forsaken the Augustan confession, and so incurred the ban) 12 Pastors, and 12 of the Ba­ronie sat upon the Bench; and if our Sions Plea or Guignard the Jesuite Of councel in the murder of H. 3. T [...]uan. these words sound in his study. Vid. Si­ons P. ca 24. think fit the Basilic vein (as they love to speak) should bleed; what can be so proper, as one of these hands? This agrees with their Churches Canons, [...] B [...]h. de ju. reg. 57. Jun. B [...]. 170. [...]eza de author. magis. in sub. 97. and holy practise, When Princes grow tyrants, (and themselves are judges,) the people may use the sword, or a pri­vate man may do vengeance upon a Prince, Pote [...]ate, &c. meritoriously [Page 11] (as the Jesuites) whom an Author of their side censures, and their errour fu­rious Sieur. Bern. as he, putting the Soveraigns lives into the hands of the possessed with de­vils, what assurance of peace can there Buchan. hist. be within the Estates. Lesley, Carmicha­el, and Meluin, all of the Scotch illu­mination, for a private cause, resolved to do their justice upon the Archbi­shop of S. Andrews, Lesley and Carmi­chael strike, but Meluin perceiving them in choler, takes them off, and tels them, this work, Knox cals it, (they had their work too, but ac­cording to him, of lesser light, and not like the Armies Goodwins, who stiles the murder of his late sacred Majesty, the work,) and judgement of God, al­though Over against these words Knox his margen [...] has. The godly [...]act and words of James Melvin. it be secret, ought to be done with greater gravity, then presenting the point of his sword, he said, repent thee, I protest, no hatred of thy person, love of thy riches, (yet they seized all,) has mo­ved me, but because thou art a bitter e­nemy, to Christ Jesus, and his holy Go­spel: Then he struck him twice or thrice through. To keep decorum, a Meluin, that can mischieve deliberate­ly, is rare, and a Pastor best becomes that part: See then what colours are [Page 12] laid, they decree it lawful reproach­ing the contravenients to arme forTh [...] 11 [...]. conscience sake, for the King and Queenes liberty, whom they will needs imagine captives, their Ser­mons onely sounding Gods glory, and the publick tranquility, yet they joyn to set up an absolute Res-pub­lick, divided from the body of theAn. 16 [...]1. they▪ [...]de a new Seal. Kingdom, give laws concerning Re­ligion, civil jurisdiction, (Montauban coining in its own name,) Militia, Commerce, Imposts, put Lesdigueres into command; forbid testimonies of fathers, maintain in publick disputes, and Scripture authority, violently perverted, That it was impious to Calvi [...] motto was, Non v [...]i pace [...]s mitt [...]re, sed gladium. give quarter for life, to any of the Kings party: Nay, the Prince Conde, the Antesignane, being necessitated [...]o P [...]stors in Rochel at once. Th [...]an▪ [...]68. The rusty Priest i [...] not suffered to preach any thing of his own, but wholly [...]ut of the Fathers, that it may not be in his power to make the people seditious, and per­ [...]aps too, to pre­ [...]rve Religion [...]till the same. to peace, (pacem infidam) ever the Pastors were to be sought to; but their demands were so high, that to extinguish the war he was forced to imitate the Venetians, turn them cut of the Councel, and consult without them. Thus we reade, Re­ligions altered, without being able to glory in the purchases of the change. This narration I shall not parallell, [Page 13] though in Scotland, or at home we might discover much more. As it is more grateful to the vice in the Satyr, to be hid in the darknesse of the name, so I thought it would be more plea­sing (Presbytery being the same eve­ry where, and not differing at all, but according to bodies & humors) to ex­pose France, or some other place, to serve for this Scene. And the rather have I chose this Province, for these reasons: our ill humours, tis true, ga­thered & grew corrupt, from our ma­levolence; yet the tincture and imitati­on we owe to France, whose fantasti­cal lightness & basest diseases, we have received by communication, and from whom we can never receive any thing but vices which unman us, & treache­ries w^ch fully the ingenuous reputation of that plain honesty we have ever bin esteemed for. I have not fetched my examples from Scotland, as fruitful in treasons as Hel it self, though we have once by mixture overdone it, and the whole Universe, profane & Christian: but as this act was not the guilt of the whole Nation, I would not com­pare it with a people, with whom Chorah is more in repute then Moses, [Page 14] nay, then our Saviour himself; I knew France to be a more temperate clime, that her disorders, with the furfets of her last Apostles too, were not so criminal and unruly, her Kings againstThe French re­bellions more plausible. whom her unsounder parts mutinied, ever being of a different belief, with whom ther was neither love nor good correspondence: but had their king been of their own Creed, my charity, if not the rules of their discipline, should induce me to judge, they would neither have opprest his just power, nor how ever, have sought his life. France besides had ever her Lucida intervalla, after some short contesta­tion, she ever returned at least to a temporary obedience, never abjured his name. And I had sometimes ho­ped, our Demoniacs would have been contented with the lesser communer sins, with those of their forefathers, with a madnesse of degrees, not have raged further. But France is too just, and must condemne us, we live a­mongst those men whose cruelty is all their vertue, who have made an ex­ampleActs 3. 14. Ye deni­ed the holy One, and the just, and des [...]red a murde­rer to be granted [...] you. of the most abominable treason, (that ever any Cromwel brought forth) under the name of justice. And [Page 15] so basely were all mens mindes affe­cted, that the most flagitious impiety, a few durst contrive, more countenan­ced, and all were contented to suffer; there is neither honour nor goodnesse in the age, advantage not faith is look­edSee the Armies first declarations, The reasons of Maj. Huntington. for in a relation, curtesie, till their own ends ripen, is dissembled in the deepest malice: Fair promises are butPlutarch Mar. Herod. 69. Erat autem Severu [...] unus omni [...]i [...] mortalium ad a­morem simul and­d [...] maxim [...] [...] fast. &c. Andronicus be­sides his other arts, could weep at any time, he ever wept when he was most mis­chievous. This is observed of ano­ther amongst us. fair baits to deceive, and with Marius in the Senate to know the art of lying cunningly, shewes a brave spirit, and is a signal vertue. Nor is any way of thriving dishonourable: all things are lawful but what are honest: and though they may as well vote away the faculties of the minde, our essence, or statures, as truth, and equity, yet we must give our selves up in a blinde obedience, our understandings bound too; but where conscience, equity, truth and honour should tye us indeed, there to be tyed, must be a capital, and the most killing treason: Whose just­est indignation would not these inju­ries provoke? Who could part with the dearest relation of this life, an in­nocent father, snatched from him, by the untimely stab of publick robbers, and be told too he must forfeit his [Page 16] birthright, and inheritance, by a de­cree of those robbers, because he has not rendred himself into the same un­merciful hands, highest goodnesse ex­torts, and forces a reverence from a very enemy: what Barbarian, not quite a King-selling Scot Hereticks na­med from Cain, said, Judas was a godly man, and that his act was a benefit to man­kinde: for [...]e cer­ceiving what Christs P [...]ssion would do, deli­vered him, or sold him to the Jews., as far from civility as law and justice, would not for common mankindes sake, call up­on the deaf faith of God and Man, a­gainst such Centaurs, such desperate Cannibals?

Finding then our liberties, these late years but pretended, our Courts of Justice lost, and the remains of the bloodiest Parliament, (if it can be sense to think, the form of a carcaseThe Idol of the Nation, to when that might be ap­plyed. Sipius nos quam deorum [...]mplorant ope [...]. the form of the man that killed him­self) become a councel of consuming war, that Enthusiasm, and the Py­thonism of spirit, are onely of re­putation: and Hartford vies with Kent a holy maid, Finding every where furious armes, which have violated Heaven and Earth, reason it self overcome by Ordale and vi­ctory, and by a second Turcism, event set up the signe and Hieroglyphick of [Page 17] a good cause, finding a general A­theismRevel. 13. And they worshipped the Beast (upon whose heads in the name of blasphe­my) saying, Who is like unto the B [...]ast. who i [...] also to make war with him. In villoria vel ig­nav [...] gloriari li­ces, adversae res etiam bonos detra­ctans. Sacurt. Q [...] esset pr [...] ­sto ub que for [...]una, teme [...] (& qu [...] ne sc [...]lus) in glori­am c [...]ss [...]at. Pro­sper. & f [...]lix seel. virt. vocatur. Distractam lace­ratam (que) [...]em [...]. per magist [...]a us, magis q [...]d [...]um in [...], quam ut in columis fit q [...]rti. Liv. which bequarrels even prin­ciples, doubts all old faith, and tryes not onely Kings, and god­like order, but the highest articles, and God himself; finding after a new infernal Court, and a Hellish Sacrament of royal blood, nature, and the being of beings too, dis­armed, by these Gyants, that a Vote can create treason, and then Act too, like the Romane Chaire, raise a mortal sin up to a vertue, those who were trusted to make lawes, having left no law in the kingdom, that there is not like to bee any end, till the Conspirators (who in the concord of all orders were no­things, and have chosen rather to be Heads of tumults, and seditions, then sit still contemned,) become con­firmed as honourable, as their conspi­racy has been happy, that we know not by what God or law to conjure them down; finding too it is never to much purpose to strike strong and grown sins, & that he that wold be safe must please: yet lest our loyalty should seem destroyed, with the last King, [Page 18] and these intruders should be thou [...]ht just possessors, (though it is come to [...]gentib. remp. satis, Dei & bo­minum salutates admonitiones spernuntur. that, they will either be our Masters or our Enemies, though an Hector, and the living Oracle himself cannot save this Troy: and I am but a vain Auxiliary,) against these torrents do I oppose my self, and think it religious sense, to make the present Kings claim: For such he is, spight of their Sergius his t [...]xts, and the last Mahomets new Alcoran: for take the Buff of White-Hall for a just Parliament, let that act by a just power, (lay by the violence of sacrilegious conquest,) and it cannot reach the King, or his Rights, more then a malicious Comet, can rob the Sun which exhaled it to that Region: We question not, Parliaments are made of Men, and cannot change es­sences, nor are (what their flatterers would presume them,) Omnipotent: Nature is not like the Chymists walk­ing mettal; nor can a State-Hocus, turn beings into the contraries, if they restore to blood, yet can they enact, that there was never any attainder: they legitimated the house of Beau­fort Rot. pat. [...]. [...]. R. 2., but simple legitimation they never pretended to, since Divinity it [Page 19] self does not contradictions, nor can1 H. 7. [...] the Parliament lesse make the next successor of a natural King his Heir, then his Son or Kinsman. Of this in its place. I will begin this discourse of Royalty with that which does in­deed contain his greatnesse, and makes him not so high and glorious, as ne­cessary In [...]. 63 and useful, whatsoever his contrarients This appears in the care and esteem of him in the laws, in the trust reposed in him, in 1 Jac. the causes there set down why all subjects are bound to the love and obedience of the K [...]ng. Vid. 27 El. c 1. Inst. 9 [...]. are pleased to declare: And in which, as to parts separable, and not of Royal essence, by that boun­dary betwixt him and the people, Magna Charta he is not so ample. Or rather by the conditions which the first usurpers accepted to seem graci­ous. The Prerogative.

The Prerogative Royall ^e is termed,Preroga­tive. [...] 32 H. 8. c. 46. The Royal Rights, the Kings rights of the Crown, or the rights of the Crown, by Bracton the Priviledges of the King, by Britton the right of the King 2 Inst. 2 [...]3. regist. 61. Postna [...]. [...]3., in an ancient statute Edw. the first speaks thus, And for that the King has done this, for the honour of God, for the Church and Common-weale, he yet would not this statute should preju­dice him, or his Crown; but that his rights be saved in all points: West. 1. c. [...]. of late it is called jus Coronae, and a law that is [Page 20] parcel of the lawes of the land Inst. 15. 3 Inst. [...]4. It is part of the Common-law, and con­tained in it 2 Inst. 496. Dau. [...]ep. Praeface.: Lord Cook, enume­rating the Lawes of the Land, be­gins with the Law of the Crown Inst. 11. 4 Inst. 342.: Nay he gives it the precedence of his dearest Law and custome of Parliament, and after stiles it the principal part of the Common law Ibid. 344., which with the Common law, makes not two, but one law F [...]nch 85., (as a most knowing Judge:) the King is the defender, preserver, and nouri­sher of the people, by his great travels they enjoy their lands, goods, lives, &c. in peace: For which cause, the Lawes do attribute unto him, all honour, dignity, preroga­tive, and preeminence. Stam [...]. pr [...]rog. [...]. 1. The prero­gative has its being from the Com­mon law, Id. Ibid. [...]. 5. 6. the statute is but decla­rative, and the treatise of the pre­rogative does not contain them all. Com. Plowd. 322. To describe him and it more par­ticularly: the King is an Empe­rour 24 H. 8. c. 12. 4 Inst. 89. 342. 25 H. 8. c. 22. [...] El. c. 1. 1 Jac. c. 1, affirmed by Parliament, in no earthly subjection, but imme­diately subject to God, in all things touching the regality of the same [Page 21] Crown, and to no other D [...]. Th. Sm. resp. Angl. 183. 16 R. 2. c. 5. Camd. 105., he is a supreme King, 4 Inst.; 42. 1. 5 El. 1. supreme and impe­rial, 4 Inst. 343. his Crown Imperial, Ibid. and his power in his own land, compa­rable and equivalent with an Empe­rours: Id. Ibid. 4 Inst. 125. he re­ceived appeals from the high Constable. as an ancient Writer: the King has all ordinary jurisdiction, dignity, and power, over all in his Realm, he has the material sword, all Laws are in his hand which be­long to secular power: (the Pope claimed then the other part) justice and judgement which go with ju­risdiction are his: that out of his jurisdiction he may render to every man according to his right, as Gods Minister and Vicar, peace and ven­geance, or punishment are his, ju­risdiction and peace and their con­comitants, belong onely to the Crown and dignity royal, and to none else; Bract. in Judge Stam [...]. cor. [...]4. he is the Soveraigne Governour, Lord supreame abovet Stam [...] cor. 56. all. The statute which concerns Ec­clesiasticallx W. 1. c. 17. jurisdiction is but declara­toryy 2 Inst. 501. of the Common law: For as that case, the King is an absolute Monarch, and the Royal Head of the Body poli­tick, he has ful power to render justice [Page 22] to his subjects in all causes Ecclesiasti­call and Temporall R. 5. 8. Da [...]. r. 70. 72. 95. Hub. r. 87. 112. 205. 216. 1. 7. Calu. [...]ase. Dr. ft. 124.: otherwise (it addes) how should he be the Head of the Body; he is our natural Lord, his person is King Exil. Hog. le Spenc. 1 E. 3. c. 2. r. 7. Calu. c. 5., the Body politick is but a trick and finenesse of Lawyers. Henry the third was under age, and the Pope (the Dictator universal then) was sought to, to bestow the man­hood before the time, his Barons sug­gesting the maturity of his wit, deser­ved it: Mat. Par. addi­ [...]am. 151. from this Emperour, supream King, Head of the Body, and original jurisdiction, is all justice administred,Justice. by the ancient lex Regia or law royal, the King had the power of Parlia­ments Har. Hollinsh. 177. Mir. 148. 150. [...]ac. Elem. 69. Postnat. 106. Mat. Par. in H. 1. H. 2. Rich. 1. inf. 31.. The King has sate anciently, and of late in the Kings Bench and Courts of justice. Mat. Par. 405. Camd. Brit. 324. l. 5. E. 4. 58. Vit. C [...]anceri. L. Edg. polit. c. 2. Peter of Rivallis a wicked Steward, sayes Parisiensis, reverently salutes the King sitting up­on the bench with his Justices Rivallis being to make his account, the Justi­ces followed the Kings person and Court 2 I [...]st. 23 255. 24 I [...]st. 73., and were a part of the Ho­stel: Kings have given judgement, Reges ipsi causas audiebant Camd. 324. vit. A [...]. [...]. Alb. 76. L. Rams. s. 3. 1.. False judgements and the errours of Justi­ces used to be reversed, before himself, Fleta. temp E. 2 all Courts are his Courts, the Eccle­siastick [Page 23] Courts too, though held in the Bishops name. So of Leets, 2 I [...]st. 103. r. 5. 39. their proceedings are directed by the Kings laws, all law is the Kings [...] Bract. l 4. c. 24. law, R. 5. 39. Lit. se [...]. 199. Inst. 130. 2 Inst. 559. he cannot be thought ignorant of the law, all law lyes in his breast, Inst. 99. Com. [...]. 50 [...]. he interprets law. Postnat. 108. Mi [...]z. 141. 261. 2 Inst. 238. 13 R. 2. c. 2. Mi [...]z. 148, 149. The explanations which Edward the first made, upon the statute of Gloucester, have ever since been received for laws; Postnat. 15. [...] the King too has used to declare the law in Parliaments: Stat. de Conspir. de finib. 25 E. 3. of treason. [...] R [...]. c. 2. nay, his extraordinary power can supply the defects and im­potency of the law: as when Carlisle a principal in murder was fled into Scotland, from whence he could not be taken by legal Proces, and it was impossible to proceed against the Lord Sanchar the accessory, till the princi­pal were attainted; Carlisle (as the re­porter) was brought from thence by the Kings royal and absolute power, for the ordinary course of the law could not come near him L. Sach. case r. 9. V. Br [...]ct. l. 1. c. 8. K t [...]hin f. 1.. This ap­pears more in Henry the thirds time: intolerable robberies were commit­ted near Winchester, the Justice in Eyr could do no good, at length, (in the Monks language) complaint is made to the King, who goes thither, [Page 24] and assembles the Bayliffs and Towns­men, then looking grimly, he tels them, The clamour of the robbed has come up unto me, I have ap­pointed Wise men, who with mee may take a care of the King­dom, I am but one, nor can I look to all parts, without helpers; I will call all the Counties up, that they may lay open your craft and wickednesse: he shuts them all in the Hall, twelve are chosen for a Jury, they are watched, but in vain, they will tell no tales: the King takes it ill, he commands them to the prison and halter: twelve more are called out, who are frighted and con­fesse all; many of the theeves were masters of 400 and 200 acres, &c. Mat. P [...]r. 760. Much is said to prove that the Kings delegation of Justices, and fixing and distributing his ju­stice into certain Courts has impo­verished himself, how then has he a fresh Justice to consigne to a new Justice or Court, since no man can give what he has not? why are the Justices his Justices? 3 Inst. 224. a Inst. 255. We will deny no man his right, Mag. Chart. c. 29 nor [Page 25] justice. This is spoken of the King, sayes the Commentator. 2 Inst. 55. A Sunne whose beams are severed from the great Orbe, and broke, to make lower lesser starres bright, yet he shines in every Court still: in judge­ment of Law, the King is present in all his Courts 4 Inst. 73. 2 Inst. ib. & 14 [...]. of justice: and the Justices doe but represent him. So that a bribing Judge Thorp is charged and condemned, for that he had broken the Kings oath to the people Rot. Pat. 24 E. 3 part. 3. Rot. Par. 25 E. 3. part 1.. The Chief Justice is the Kings Chief Justice Com. 322. V. re­cog. libert. Cla­rendoniae 10 H. 2. c. 7. Dominus rex si in regno fuerit conveniatur ut rectum faciat, &c. Si extra justitiari­us ejus. V. Eract. l. [...]. 116. [...]. The ancient Kings used to ride the Circuits themselves, to enquire, heare and determine offences. But people, and offences too multiplying, they were forced to send their Com­missaries, who are now called (sayes the Mirror) Iustices in Eyre Mir. 118.. There the King limits the Judges their power. Ibid. 234. Thus Britton notes of our Kings, they have divided their c [...]arge into many parts, upon the Mirrors reasons Erit. 1. [...]. [...].. What then, were it not that now much more con­tentions are multiplyed: so that many cases would every day happen, unwor­thy the ears and presence of a King: [Page 26] besides the quarrels being so nume­rous, the law is necessarily become more obscure and voluminous, so that it may well take up the whole man; else saving in his own case, I know no reason but the King may again sit upon a Bench, and though the King has con­fined so much ordinary justice, to cer­tain Courts, not the jurisdiction but the administration is changed, and I cannot see, but that for the time he sits, [...] Inst. 16. the rule should hold, which tels us, in the presence of the greater the authority of the lesser ceases. So that in Term-time, by Common-law, no Commissions of Oyer and Terminer, or Goal-delivery, can sit where the Kings Bench sits in the same County: R. 9. 118. but be it so that custome, and sta­tutes, and the grants of former Kings, have made this ord [...]r of Courts, and these delegations as firm and continu­ing as they are convenient: yet is the King the father of justice still, allowed to be so, by the author of this opini­on too [...]up. Cawdr. [...]ase r. 5. 4 Inst. 104. Cor. 242. Dy. [...]04. [...] Dau. [...]. 95.. Justice is derived from hi [...] as from a fountain ^e: Nay, he is the center and stay of justice; in acts of ju­stice he is never supposed by law, ill affected, but abused, and deceived. The [Page 27] same it is presumed is the Kings mind, with the minde of the law: Hub. rep. 216. All acts of justice, so of grace too, flow from him Hub. 205. 9 E. 4 2..

All pardons of Felony or Treason,Grace. are to be made by the King 3 Inst. 233., he may pardon any Parliamentary attainder Cromp. juris. 12. Stam [...]. cor. 153.. The 22 of Henry the 8. the whole Realm was in a premunire, and par­doned by the King Graston. in H. [...], his acknowledg­ing a prisoners innocency is a pardon, [...] Inst. 23 [...]. he may abolish an accusation of trea­son, 4 Inst. 124. good men, sayes the Lord Cooke, will never refuse God and the Kings pardon, because every man doth of­fend them both 3 Inst. Ch. of [...] Pardon..

All honour and tenures are derived from him Inst. 93. Com. pl. 498. 4 Inst. 204 363..

The office of a King does not onelyProtection Militia. consist in civil justice, and the depen­dencies of that, but in defence against hostile violence, and protection a­gainst home-bred injuries of our fel­low subjects, neither of which can be performed without the power of armes. They that shall oppose either of these rights, let them first shew what this great feoffee was trusted with, in what his being consisted, and what was the final cause of the Kingly [Page 28] government? Suppose what election or confidence soever: yet who so grants any thing to another, he im­plyedly grants too that, without which, the thing granted cannot be or subsist R. 11. 52.. Certainly, to receive justice and protection, are the great­estBr [...]st. l. 2. c. 24. Com. 3 5 n 1. B. [...]34 benefits of this life: and what can be the use of a Ruler, without the attributes of these? Nor were it policy it should be otherwise, since as to the Militia the Prince has not half the Soveraignty, where the peo­ple enjoy that. And so at the inspira­tion of any traytor, of strength to force him to quit what is left, (which is not improbable, since the boldnesse of a base nature grows high,) when he perceives himself feared. So be­twixt claim of the rest, and defend­ing to preserve, a Civil War would last till the Worlds end; treasure be­ing the sinews of war, our Judges give this reason, why Mines of gold and silver in another mans soil, are the Kings; lest, say they, he whom the law appoints, to defend the people, to prepare force and arms, should be de­stitute, and want the means: Com. Pl. 316. he is stiled the Soveraigne and chief Captain [Page 29] of armes, all power is his. No man may use armes, so much as in sports, torneaments, tilt, &c. without the Kings license: the statute unprinted 5 H. 4. rot. parl. nu. 24. of array. de­claring the Kings power, to array and muster at this day, (as the Lord Cook,) is of force, and no other, and yet this statute was declarative onely, one ex­ample may be seen, in the mandatum [...]egis de juratis ad arma, in the time of Henry the third, too long to be tran­scribed. * An obligation to serve the King in his warres, is void: every man is bound to serve him with­out it: and such writings are dis­dishonourable, 3 Inst. 149. every man being [...]ound to defend the King and his Realm Na. b [...]. [...]5., and to do the service that appertaineth to him, as to his liege Lord 3 Inst. ibid.: as the same Chiefe [...]ustice: No subject can levy war within the Realm, without autho­ [...]ity from the King, for to him onely it belongeth. 3 Inst. 9. fla. [...] quis occas. pro p. osec. H. le Spen. [...]. 56. 25 E. 3. c. 2. It was high reason by the Common law, and [...]s declared so by expresse words in [...]he stratute of treasons.

The Prerogative, which is so admea­suredPrerogative not grantable [Page 30] by the Common law, that it can neither take away, nor prejudice the inheritance of any Com. 136. 3. Inst. 84. V. Ju­ram regis. [...] Inst. 536., is insepara­ble from his person not grantable over, it is alwayes stuck upon the King, or Crown, being therefore called, the liberty of the King Inst. 90.; though sometimes, before the 27 of Hen. 8. which unites them all to the Crown, some Prerogatives have been trans­ferred: yet this may be imputed to the barbarous ignorance of those ages: for being inherent to the Majesty ofRegia dignitat est indivisibilis. 4 Inst. 243. a King, and part of the matter of that Majesty, they were no more grantable then the Majesty it self, or a Royal member of the Imperial stile 4 Inst. 287. It is impossible to be done too out of incapacity of the taker, who being a natural Subject, and unlimited homa­ger, can except no act, in derogation of that homage, more then a Layman is by Common Law capable of tithes, ever concomitant, and competible with the Sacerdotal function: else by a multiplication of such acts (like the Jews Corban,) natural relation [...] might be destroyed, in the lives o [...] the correlates, subjection might be discharged, which is not imaginable, [Page 31] since abjuration it self, the farthest act this way, goes no farther then the countrey, and cannot reach the com­mon Father R. 7. Calu. case. V. a Inst. 15.. Chancery justice, is a special trust committed to the King, and not by him to be committed, to another Hub. 1. 87. power of denization was never grantable 20 H. 7. 8., so of power to di­spense with a penal statute Rep. 7. 37.: for when a statute is made for common good, and the King as the head of the weal publick, and the fountain of justice, and mercy, is trusted with it, by all the Realm: this confidence and trust is so inseparably adjoyned, and annex­ed to the Royal person of the King, in so high a point of Soveraignty, that he cannot transfer it, to any private person, or any private use: thus the book: Hill. 2. K. J [...]m [...] 36. as there the King cannot com­mit his sword of justice or oyl of mer­cy concerning any penal statute, to any subject, so we say of other essential parts of Royalty too. Bracton is cited in Calvins case to this purpose, To doe justice and maintain peace, makes the Kings Crown, without which it cannot consist. These jurisdictions and rights cannot be transferred to persons or fees, nor can a private man enjoy them. [Page 32] Bract l. a. de ac­quirendo rec. Do­min. c. 24. in 1. 7. 11 Stamford cites the same Bractons words, where it is added, Those things which are annexed to justice and peace, belong to none but the Crown and dignity Royal, nor can they be separa­ted from the Crown, for they make the Crown Stamf. cor. 54. Bract. l. 1. subtit. libert., and being regal rights, can­not separate from the regal dignity Fulb. Pand. 10. Camd. Brit. 118., therefore are they termed by Civili­ans and others, Sacra Sacrorum, and individua.

That the Common law ever givesCommon law and Prerog way, and cannot hu [...]t; even the lower prerogatives is known by the people, and the most ignorant: he may sue where he will, distrain where he will, lease and reserve to a stranger, who may distrain, the quality of his person alters the discent of Gavelkind, the rules of joyntenancy, no Estoppel can binde him, he is all truth, judge­ment final in a Writ of Right cannot con [...]lude him Flnch 83. 84. co [...] 36. 337 243. 322. na. [...]r. 263. Dr. 225. Hub. 229. Dr. 139. r. 4. 55. r. 11. 91. r. 5. 92.. The Irish in Queen Eiizabeths time deny the Ceas, which was a t [...]x of provision, for the Depu­ties Family and souldiers: our Law­y [...]s hereupon resolve, That there is a certain right of Majesty, called roy­all prerogative, which is neither sub­ject to the laws, nor repugnant to them Camd. Eliz. 28▪: [Page 33] a custome which exalts it self upon a prerogative of the King is void as to him Dau. r. 33.. As the custom of London to create Corporations is void, the King onely owning that power, pre­scription cannot prevail against it, an usurpation of an hundred and twenty yeers, hinders him not in his presentation after office Fulb. pand. 21.. So the prescriber to toll, wreck, strey, a sanctuary for treason, his prescrip­tion extends not to the Kings goods, nor to treason.

No statute can destroy it, if theyParliam. and Prerogat. make him hold of any other, it is a statute of Nonsense R. 149. r. 6. 5. r. 8. 118. r. 11. 47. Dy. 10. 154. 231. 313. 5. 1 H. 7. Brian. co. 381. ratt. uses 3. co. 242. 238.. So to serve any man, he cannot serve his sub­ject: and to dis-inherit the Sove­raign, to destroy the royalty it self, is more impossible to be lawfully done: To obeserve a little, and in haste of the word Parliament and the antiquity of the Court: For some there are so much in love with that counsel, that they draw the pedegree, from the Old Testa­ment, perhaps could have been contented it were thought to be Jure Divino; pity the Chi­na Chronicles were not extant, [Page 34] they might have discovered farther what Saxon Lawes soever are to be met with, and assemblies, we must be sure to let them be statutes and Parliaments: yet the Monks are every where to blame, who frequently de­ceive with their forgeries, yet with this unhappinesse of judgement they ever tell the tale of the History past long ago, in the words of their own age, so that they easily discover them­selves to be Impostors: Of this na­ture, that Larua antiquitatis modus t [...] ­uendi Parliamenta, appears to me (though much magnified by the Ch. Justice, made an Author by Dr. Cowel and the Glossary,) yet because it is most safe and wise to follow the great Authors, I will say but little: but thatM [...]d. cap. 2. he should bring into his Parliament, in the time of King Edward the sonne of King Etheldred, that order and manner of Estates even to the Commons themselves, in fashion now, attribu­ting to his Earls and Barons the same Knights fees, which our Authors compose them of since, besides the Churchmen, Abbots, and Priors too, holding by Barony, seems to me done not without a notable spirit of pro­phecy: [Page 35] the Earls being neither here­ditary till after the Normans, nor the Barons setled, and ordinary Parlia­ment Lords (but summoned at the Kings pleasure, Henry 3. in 49. of his reign, taking in but 25 of the Lay-Barons) till Edw. the first Spe [...]. veth. Baro. & Honor., and the servitude of fees not being known till after the Conquest, and then sicut fit in Normannia Codex agra [...]iu [...] Domesd [...]i dict [...]. Tit. Glowcest. charged; and for the Churchmen, much against their will, and complaining of the military servi­tude, William the first imposes upon Bishops and Abbots too, tenures by Barony M. P [...]. hi [...]. [...]aj. y.: for the word Parliament, there perhaps wants divination too, for uno atque altero post Canutum s [...]cu­lo, an age or two after Canutus it was not used by our Authors, Concil. [...] Grafton is of opinion, the first Parliament with three Estates in it, was in the 48 of Hen. 3. Graft. 147. hist. Martin thinks Henry the first in the 4^th of his reign, framed the Par­liament of three estates himself the Head An. 1114.. Speed, that Henry the first was the founder, and Salisbury in the year 1116 the place, In H [...]n. 1. in the ancientSo Polid. Virg. l. 1 [...] use of the state: so he, the people be­ing seldom advised with, Sr. Henry Spilman writes thus, The Nobility was [Page 36] bound out of custome and duty, in Time of the Sax­on Princes. the three great feasts of Christmas, Easter, and Whitsontide, to repair to the King yearly; as well to credit his Court and person, as to consult about the affairs of the kingdome, and decree, as it were necessary. In those dayes the King came a­broad crowned, and shewed himself in Royal pomp. Henry the second celebrating the Nativity at Worce­ster Anno 1158. offered his Crowne to GOD upon the altar, which he never wore after, from whence these great Councels, or Parliaments, (but of the King and Nobility) were discontinued, and many Ages af­ter in the time of Edward the third, restored Concilla 347. See the preface of the act of Merton made at the se­cond Coronation of Henry the 3d.. So no certainty of the be­ginning of this Court can bee well found, though I beleeve it began in Henry the thirds time Vid. Stat. de Marlebridge.. Two Au­thors of Henry the firsts dayes, say then, Either to command taxes or tribute, or appoint new laws, the Kings Edict alone served the turn Malmsh. de reg. 69. 70. Eadin. 94. Par. in. an. 1082. Wigo [...]n. m. 1084. 11. Ed [...]. conf. c. 11.. Henry the third by Charter abolishes, in some▪ places that impious triall, called, Judicium Dei; the Lord Cook R. 9. Ab. d. strat. Marcel. will have it outed by Par­liament. [Page 37] But our Parliament perhaps was not then to be had, Provided by the King and his Councel, is all the Charter has, and that which was decreed by the King and his Councel, and confirmed with his Seal Royal, without doubt gained the vigour of Law in that Age Gloss. Sr. [...] Spelm. 395.. And since the King has made his people more free, and lesse servile, by admitting them into the fellow­ship of his councels, out of his own benignity onely Dr. Cowel In­terpret., I know no rea­son he should lose▪ and undoe him­self by his▪ own grace. It is no Par­liament without the King, he is Ca­put principium, & finis; the Head, beginning, and end 4 Inst. 3.; the businesse (as the Writ) ever concerns us, our state, and the defence of our king­dom, Ibid. 14. and not against all these: no Act can binde without him 1 Jac. c. 14. 4 Inst. 343. 1 Inst. 90. Com. pl. 79. Dr. & [...]ud. 165., It is no Act of Parliament, unlesse it bee made by the King, the Lords and Com­mons 2 Inst. 157.. The Lords were anciently sum­moned in the faith in which they were bound, now in their faith & allegiance (both forgotten of late) the original of Nobility it self, being by the Kings creation R 7. 15., unlikely they then could bei 4 Inst. 16. 5. [Page 38] intended formally for Buchanant E­phores, and the bridles of his power. I will not take upon me to divine, what sense the Lord Whartons Writ of creation containes, nor what it may enable: but I dare say this Writ of summons cannot imply, Drive him away by tumults, sequester or rob him of his revenues, pursue him by the Blood-hounds of the hireling Synod, in a full cry, curse him to his people, tear him up root and branch, and if your arms grow weary, or you fear the infamy of the last act, weaken him sufficiently, set that Adder of London Independency upon him, who you need not doubt, let him charm never so wisely, will bite him fatally. For this Serpent of Rebellion, was the Amphisbaena mortal doubly, Presby­tery stung in the head, though Inde­pendency killed in the tayl: The Par­liament should be alwayes full of ho­nour, it should leave causes to the gol­den metwaud of the Law 4 Inst. 41.. It should stear by that which is Law and Cu­stom of Parliament Ibid. 14.: but no body can have such a law or custom, to de­stroy it self, to erase its own head: we have known mad Parliaments 42 H. 3.: [Page 39] Lacklearning Parliaments 6. H. 4., and Par­liaments of Clubs 4 H. 6., and may know more: But if out of ordinary itch of Innovation, the disease of the last reigns, which is dangerous 4 Inst. 11., if out of ignorance of Burgesses R. 1. Por [...] case., whom likely enough, Agrippa that was as bold with the Apostles had noted for dull and senselesse Asses, or out of indiscre­tion and arrogance, not keeping them­selves within the circle and law of Parli­ament 4 Inst. cap. P [...]rl., (for some look for law there too;) or by committing the power of Parliament to the manage of a few Ibid. 42. I [...]f. 68.: (a practise, to which we owe some part of our late misfortunes;) If I say by these or other wayes, the Parliament shall enact, (above the flight of an Or­dinance,) against natural equity, as toV. Spencess view of Ireland 22. 23. 25. constitute a man judge in his own case, such a statute is void in it self, and shall be controlled by the Com­mon law Hub. rep. 12 [...].: a Town has customes and usages against Law and Reason, and no others; a Parliament confirmes their customes, it does nothing, it cannot extend to those customes L. 5 E. 4. 40. 41.. The 11 of Richard the 2^d enacts, that none condemned or forfeited shall sue for the Kings grace; it was held an un­reasonable [Page 40] statute, without example, against law and custome of Parlia­ment 4 Inst. 42.. The statute of hunt [...]ng is a simple statute; 3 Inst. 77. so is that of Wills which forbids Ideots to bequeath Hub. 317.; concerning purlieus and Chases, the statute 22 of E. 4. mistook the law in both of them 4 Inst. 3 [...]4. 3 Inst 13., the 3 and 4 of Edw. 6. cap. 5. whereupon the Duke of Sommerset was indicted, was re­pealed justly as a doubtfull and dan­gerous statute. Green Chief Justice grants, that the 34 of Edward the first, was made more in damage of the people, then in amendment of the Common Law 24 E. 3. 2 Inst. 526.; a branch of the statute De asportatis religiosorum is void, as inconvenient and impos­sible a Inst. 588.. The statute of Non claim, brought universal trouble upon the Realm: Q. Maries Parliament brought in the Pope, ours a second Cromwel. That a Parliament may erre, is with­out question Br. Parl. 16. 21 E. 3. 46. co. 86. 400. Cromp. Jur. cap. Parl., if a Parliament which forbids charity and alms to the poor, be void for so much, if an Act against payment of tithes and things meerly spiritual, bee wholly void 21 Hen. 7. 2., how binding shall a tertio or smal facti­on [Page 41] of the Commons alone be, which votes the kingdom poor, advances Catholick sacriledge, and Atheisme votes publick robbers honourable, and condemnes the innocent to racks and gibbets. I will cite an opinion, which though it may seem to stretch the true Prerogative high, (yet it comes not near the overbearing pre­rogative of the Lieutenant General;) and the Analogy, in all the parts, will fit this truth, it being obje­cted against a benevolence, demand­ed by the Saint Henry, that the demand was directly contrary to the first of Richard the third; it was replyed, Lawes made by Usur­pers, oblige not legitimate Princes, that Richard was not onely a Ty­rant, but a murderer of his Ne­phews; and therein more fit to suffer the Law, then to make any; it being absurd to think, that a statute invented by a fa­ctious assembly, and approved no otherwise then by a criminal in the highest degree, should binde an ab­solute and lawful Monarch. Herb. list. [...]. 8. No que­stion but these reasons strike home: [Page 42] much lesse can the contrarient Vid. Inf. 63. acti­ons of the lower servants oblige the Master of the great family here; since it is manifest, that a Parliament never so lawfully composed, never so justly tempered, never so free from those faults and imperfections before reci­ted, cannot maim or weaken the Ma­jesty or Prerogative, it is above a Parliamentary thunder. Richard the4. Inst. 42. second, bequeathed certain treasure to his successors, on condition, to observe the acts made the 21 of his reign; this was holden unjust and unlawful, for that it restrained the Soveraign li­berty, of the Kings his successors: and the same reason may serve to over­throw a statute, which shall unjustly and unlawfully restrain the same So­veraignty: nor had this bequest been of more strength, had it been made by Parliament, injustice being inju­stice,In [...]. and unlawfulnesse, unlawful­nesse every where; and heresie is he­resie still, though defined otherwise by a councel. The 15 of Edward the third, was utterly repealed, and to lose the name of a statute, because contra­ry to the laws and prerogative. Rot. Pa [...] 17 E­ [...]. 23. Tis true, Richard the second made R. de [Page 43] Vere Duke of Ireland for life, albeit sayes the chief Justice, it is against the law and custome of Parliament, to as­sent to any thing, which was to the disherison of the King & his Crown [...]4 Inct. 14. 357. [...]. It is declared by the Lords and Com­mons in ful Parliament, upon demand by the King, That they could not assent to any thing in Parliament, that tended to the disherison of the King, and his Crown, whereunto they were sworn Ro: Parl. 42 E. 3. nu. 7.: both Houses declare in the third of Charles the first, That they have neither intention nor power to hurt the preroga­tive 3 Gar. 1. petit. of right.. By the Lord Cook, A Repro­bate is an abject, and created for the De­vil; so a reprobate sense is an abject, and damned sense. These terms are fre­quently in Parliaments, when any thing is attempted, against the ho­nour of God, the prerogative and dig­nity of the King, the lawes of the Realm 2 Inst. 385.. An ancient Parliament, in an­swer to a Pope, claiming as umpire, and to give the Law, spake thus, as I render it, To the observation and de­fence of our liberties, customes, the laws of our fathers, out of duty of oath, we are bound, which we will maintain, with all our power and strength, and we will [Page 44] hinder, by Gods help, no do we, nor will we suffer, nor may wee, nor ought we, (after the rude blustering of those times,) our Lord the King, to do or attempt things so unusual, undue, prejudicial, and unheard of: nay, though he would consent him­self, especially since the said premi­ses, tending to the d [...]sinheriting the right of the Crown of the King of England, his Royal dignity, and the notorious subversion of the state of the said Realm Rot. Par. 28 E. 1. apud. Lincoln.: this was good zeal, and more perhaps, then the King durst have spoke: then Henry the eighth, being denied a divorce, his Parliament resents the Papal yoke much, and writing to the Pope, has this language, His Royal Majesty is the Herd, and even the very Soul of us all, his Royal Majesties cause is the cause of us all, derived from the Head up­on the Members, his grief and injury is ours, we all suffer equally with his Majesty. The Lord Chancellours oath is of the Common Laws making, as others the oathes of the great Officers; by this he swears, not to suffer the disheriting of the King, or that the rights of the Crown be decrea­sed [Page 45] by any means Rot. Parl. 10 R. 2 8.. The Lord Treasu­rers oath is word for word the same. The Barons of the Exchequer swear to redresse with all their power, any prejudice or wrong to be done to the King 4 Inst. 109. Cromp. juris. 213.. Now all this were much in vain, had there been known then a more moving power, supreme, and beyond the royal, why should these swear generally, and against the whole world, to hinder that which orderly and lawfully might be done: and his Crown being Imperial, and in ve­ry deed of it self most free 13 El. c. 2. inf. 72. Sup. 22. artie. against. Card. Wolsey at H. 8. art. 1., he being the onely supreme Governour of this Realm, and of all other his dominions in all things, and causes, as well Ec­clesiastical as Temporal, as appears by the oath and declaring statutes of the supremacy, how can he suffer any di­minution whatsoever, from the Lieges and subjects of this free Crown, from those which are ever under this supre­macy, and his own subordinates, how ever admitted and assumed unto his Councels, and notioned by a high and specious name, yet gilded and glorious from the rayes of his Majesty; it being a mistake either full of ignorance or malice, to imagine an houshold, and not take the Father in.

But the Commons are the KnightsCommons. of the book, they must be bound by none of these laws, more then by their own oaths, but some implicite way, are above them all, yet these too can­not convene, but by his Writ and Name: the reasons too of their co­ming, are as the Kings Writ tels us, Concerning us, the King, the honour and safety of the King, as the Chief Just 4 Inst. 9.. The state of the kingdom and Church, and not the ruine and confusion of all these; the title of every Parliament too being, To the honour of God and of holy Church, and quietnesse of the people. Parliament men ought to be true men, neither Traytors, Felons, Outlaws, or breakers of the peace: Cromp. jur. 12. 4 Inst. 25. All are subjects still, they swear the Supremacy as such: Master Cromwel swore it, not to revive the opinion, that the Articles proposed by the King are first to be discussed 2 [...] R. 2. Graft. Speed.. When the Parliament begins, the King, or one by him appointed, declares the causes of the Assembly 4 Inst. 8.: The King may disallow their Speaker, Ibid. privi­ledge of Parliament, (which extends to themselves, their servants, and goods, in suits, and distresses 4 Inst. [...]. Cromp. ju [...]. 8., and [Page 47] has devoured all priviledges else,) does not hang upon the walls, but is ever requested, by the Speaker, the first day, from the fountain of justice and mercy the King R. 7. 37., and granted by him: Dy. 60. Dn. T. Smith. resp. A [...]g. 174. The King is the head, the Lords the principal, and the Knights, Citizens and Burgesses, the inferiour members Dy. ibid.. Du­ring this union and consultation with their Head, a King tells us the injury done the least member, is to be judg­ed as done against his person Cromp. jur. [...]., though far more are the Judges of his Courts of justice priviledged, and more grie­vously are punished insolent assaults or affraies in them, since he does but ad­vise with the first, but he is represent­ed by the last Dy. 188.. No Parliament can ei­ther begin or end, without the Kings presence, or representation 4 Inst. 28.: For the Virtual presence, or Presbyterian pre­sense, has not been heard of till of late: for want of which discovery, Richard the second being on his way to Ire­land, was represented by the Duke of York; Queen Elizabeth being sick, by the Archbishop of Canterbury, the Lord Treasurer, and the Earl of Der­by4 Inst. 7. CromP. jur. 13. Camd. Eliz. 466.: the Kings death dissolves the Parliament: 4 Inst. 46. 4 E. 4. 44. Queen Mary is an ex­ample, [Page 48] and the authority of the Mem­bers falls as a derivative, (altogether making the body of the Parliament Dy. 60.,) not to be thought, were the sove­raignty theirs, or inherent in those they represent: The Commons are the general inquisitors, they trans­mit examinations, with proofs and witnesses to the Lords House 4 Inst. 24.. The Lords are the tryers Ibid. 10. 11., the parties grieved may go directly to the Lords House, and not take the Commons in their way: It was the ancient custom and law of the Parliament, (as the book) continued unto this day Ibid. 11. ▪ yet it is cited an error as­signed, that the Lords should give judgement, without a petition or as­sent of the Commons Ibid. 13., I will not so much as think it a forgetfulness, though it may seem a full contradi­ction Ibid. 21. to another; there are those who to avoide an opinion mark the dissentient with an obiter spoken, experience is doubtlesse against the single instance, and that shall be in­stead of a reply: for proceedings in errour 4 Inst. ibid. 1 H. 7. 20., the King is sued to by a petition of right, upon whose an­swer [Page 49] of Fiat justitia, a writ of Er­rour is directed to the Chief Ju­stice, to remove the Record in praesens Parliamentum, upon which, the Chief Justice brings the Re­cord into the upper House, where it is examined Dy. 375. Cromp. jur. 13., and the proceed­ing upon the Writ of Errour, is onely before the Lords in the up­per House 4 Inst. 21. pos [...]. 21.. A few examples too that book has, of the latest times, from which a judicatory power, for the Commons should be infer­red. These were fines, &c. of someSee Judge Jenkin [...] Cordial, p. 9. offendors, in and against the lower House: which power were it al­lowed them, in accid [...]nts and things relating to themselves, because as parts of the great Corporation and Body, their welfare is considera­ble, and their peace to be provi­ded for; yet being a power not borne with them, this mischiefe would follow, (besides that every discontent given or taken, would be a breach of priviledge:) they would bring things ad aliud examen, and to new tryals; practises not to be used in a Parliament, which (as the same Author) relieveth none but such as [Page 50] cannot have remedy but in Parliament, for matters determinable at the Com­mon law, it remits them thereunto Rot. Parl. 13 R. 2. nu. 10. 4 Inst. 84. 72 1 H. 4. c. 14.. We should never seek the extraordi­nary, but where the ordinary is defi­cient 4 Inst. ib., not to note that offendours of the House, may be informed against by the Attourney General 4 Inst. 18. Cromp. jur. 4. Coron. Fitz. 161. 3 E. 2.: there are no mischiefs nor grievances what­soever, hurtful to any rights, privi­ledges, or persons of Parliament men, which the Law has not appointed cer­tain easie & orderly remedies for, with severe penalties recoverable against the wrong-doers, by suits at the Com­mon law, and in those Courts of Ju­stice, whither the King too by his officers addressed himself to be repair­ed in his own cases, provisions not onely vain, but simple and ridiculous, had it been known to the makers of these statutes, that those they secured by several new laws, by a fundamen­tal indubitate law and prerogative, (more then the King or any man can be,) * were the Judges in their ownK Inst. 141. cases, and justitiaries of their own in­juries; Love and Revenge, two pas­sions ever ready, when our selves or our enemies are concerned, would [Page 51] render all such judgements suspicious, it is apparent the Law has made these provisions for them, be there deceit or foul play in the election, be the Par­liament man assaulted, coming to the place or staying, be he taken in exe­cution, be not paid his wages, &c. Courts, and Actions, and Damages too, with the Writ of priviledge in case of imprisonment are given Com. 120. 5 R. 2. stat. 2. c. 4. 8 H. 6. c. 7. 23 H. 6. c. 11. 11 H. 6. c 11. 6 H. 6. c. 4. 32 H. 6. c. 15 9 H. 8. c. 16. 35 H. 8. c. 11. 7 H. 4. c. 15. Dy. 60. 265. P. 34. 35 H. 8. 1. 23: the sight of these laws alone would make any man think they wanted them, for whose sakes they were invented, whether the Lower House may take a recognisance or no, is questioned, and onely seems to Brook that it may Recog. 82.; a Court-leet may, that is a Court of Record. 4 Inst. 263. The house of Commons cannot so much as give an oath, and and with those, how small and new, their judicatory power is, appears in this, as Chief Justice Hubert, they had no journal book till Edward the 6 Hub. 152., and after, those journals are no re­cords, but forms of proceedings to Records Ibid. 154.; and those examples of the book might passe sub silentio too; for thus all those judgements are repro­ved and sleighted, which come in the way, and are disliked by some authors.

I shall not say much of an ordi­nance,Ordinances. being sometimes by the King, by the King and Lords, and never binding in succession, 4 Inst. 23. 3 Inst. 40 4 Inst. 25. 48. 113. 2 Inst. 643. 644. 4 Inst. 117. 10. 186. yet being a term seldome met in our books, but never amongst our Laws, we being ruled onely by Common Law, and Acts of Parliament. The 8 of Henry the 6^th is a statute and no ordinance, though taken otherwise 8 H. 6. c 29. Inst. 159., and it hath been in­deavoured to make statutes invalid, by the sole objection that they were ordinances, which is, (as the book) an objection to the life 1 Inst. 639.. The King di­spenses where statutes are poenal R. 11. 86. Dy. 52. 54., though the statutes say such dispensa­tion is void, and sometimes without a non obstante, as of the statutes of Mortmain, Inst. 99. co. 502. 1. 7. 14. a general statute, which names him not expresly, bindes him not, R. 736. 1. 11. 68. com. 140. Kel. 35. he shall take advantage of any statute though not named, R. 7. 32. all the old sta­tutes speak in his person, he wills, bids, appoints, commands are usual. 4 Inst. 239. Henry the eight was informed by his Judges, that the King stands in no time so highly in his estate royal, as in the time of Parliament, when the King as head, and the rest as members, are conjoyned and knit together into one body po­litick [Page 53] 34 H. 8. Fee [...] case r. 5. Cawd. case.. The King too we know was petitioned, as superiour 4 Inst. 82. 83. [...], after the manner of Parliaments, the ancient statutes being drawn in the form of Petitions 4 Inst. 25., the rest of the Body ever obeyed the summons of this Head, and sought him out, all jurisdiction being in him Dalt. Just. 1. 2 Inst. 601. 602. sup. 22.: yet some there are, wittier then Epicurus, who will suppose in things called gods, not onely the image, but fragility of man, inter viva quaerentes mortua; who thinking they were onely born, that posterity might talk monsters, and portents of them, ill speakers of dignities will raise upon the Law, or this House, a Tribunall whichThe tryal. shall try Kings. For Law, let us look on that, since we have read the Hollander their elder brother, was told, the whole line, though drawn with the blood of a Soveraigne, was made up of Law Lord Bac. just. univers. Aphoris. 39. Let there be no r [...]bricks of [...]lood, let no Court deal in cases ca i­tal, but out of a known and certain law, God denoun­ced death, then be inflicted it. Nor is any mans l [...]fe to be taken away, who first knew not he had sinned a­gainst it.: when Garnet the Gunpowder Jesuite was arraigned for regicide, the Earl of Northampton tels him, Never in any Religious Age, was the murther of a King thought an act of prowes, or a step to Martyrdom: [Page 54] likely, and as likely too, this shall ne­ver passe for a religious age. Mr. Fox of the Martyrs in Queen Maries daies, sayes, Neither was there so much as one man that once shewed any disobedience to the magistrates, fol. 1387. It was fault enough to be a King Basil. doro [...]., and it will be danger enough to be a Protestant King. All Reformation is born like that Roman Tyrant with its teeth. When Magistrates cease to do their duties (that is, are not as furious as they) to the multitude a portion of the sword of justice is committed, from the which no person, King, Queen, Emperour (being an idolater) is exempt Goodman [...] Presbyterian 184, 185: of obedience. Knox appel 28. 30: and another: The greatest indignity is offered unto Jesus Christ, in committing his Church unto the go­vernment of the Common law, as can be; the Spouse unto the direction of the Mistresse of the Stews, enforcing her, to live after the laws of a brothel­house: no question they have all their ends, and that blow has struck dead the Common Law too. It were true madnesse to ask the Devil the reason of his fall, the destruction of three Na­tions, could not happen, without a guilt as horrible to forerun it: wee [Page 55] must then see what the Law has been, before the proscriptions of this unlet­tered Sylla: and in Law and sense it will appear impossible, that the sub­stitute should call the author of his power to an account, Impune quaeli­bet facere id est regem esse. For though usurpers (carelesse of the example,) and seditions have gone far, yet let all their kennels be raked, even Spencer himself, with his damnable damned doctrines (as Calvins case names them) R. 7. will be found much short of this light; he knew but the way of the sword, by suit of law, sayes he, we cannot bring him (to that which he calls there reason) under; and to see how this was to be done, they incroach (as the statute) regal power over the King and his Ministers Exil. Hug. le Spencer, which made him a tray­tor.. So to make an extraordinary power, it must be regal stil, and the Kings pow­er, that must be used, though against himself: for it becomes not the sub­ject to give laws G [...]oss. Spelm. Ver. Forres., it being against the Crown and dignity of the King, to deal in that, which they have not lawful warrant from the King to deal in 2 Inst. 602▪. The statute goes on, They exer­cise high justice, power of life, and [Page 56] death, taking unto themselves (still as there) the Kings power, and the ju­risdiction belonging to the Crown, in disherison of the Crown. The Lords forgiven, for the persecuting these Spencers (for the Father and Sonne went together) excuse themselves up­on this reason: The Spencers having incroached Royal power, could not be attainted by proces of Law Stat. ne quis occasion. pro te­lon. fac. in pro­secut. H. le Spen­cer, pat. & fil.: Nay, treason, ever amongst the Heathens too used to kill, by close stabs and poyson, never by form. There is one onely King amongst the Spartanes, Agis murthered by the Ephores, (being first sentenced by those Epho­res in the publick prison, whither they had treacherously and violently drawn him) for attempting (as Plu­tarch)Plut. in Agis. things highly brave, to the glory and dignity of Sparta, as the same Plutarch, their companies of strange souldiers had in horror the execution, a Serjeant weeps, but the King, tels him, he was of more worth, then those that forced him to dye thus unhappily, his Mother cryes out, the too much goodnesse, sweetnesse, and cle­mency of her son, were the causes of his death. The fear of the Magistrates was [Page 57] not so great, but the Citizens had the boldnesse, to shew openly they were much displeased, and that they hated the contrivers to the death, they call it the most detestable villany that ever was committed in Sparta, since the Dorians first came in, and planted the Peloponnesse; they say, the hands of their enemies never touched their Kings, but if possible, would ever turn from them, out of fear and re­verence, which they bore unto their Majesty. These Ephores (so extolled by Pagan Buchanan) were first meer­lyPlut. in Clcomen. the Ministers and Surrogates of Kings, in time of warre chosen by them, to supply their place of ju­stice at home: but (as it may bee observed of others in some late reigns) by degrees, they incroach­ed and usurped a jurisdiction di­stinct, and attributed the puissance soveraigne to themselves, many A­ges after the institution of Kings there. So that Author, who gives this censure of those insolents, The Ephores (sayes hee) would In Clcomen. they have carried themselves gent­ly and modestly, had perhaps [Page 58] been more tolerable: but being obsti­nate, out of a liberty or power usurped, to suppresse the Magistrate lawfully, and from all antiquity instituted, so far, as to banish some and murder o­thers, without either form or order of justice, this (sayes the History in the person of the next King) is not to be en­dured. I shall not much trouble my self to fetch in the old Texts, (being every where in defence of these rights, to use those or others to the same pur­pose,) The King has no equal, by no means no Superiour; the King ought not to be under man, but God, every man is under the King, and he under none [...]ract. l. 1. c. 8. Cawd. casc. 1. 5. Dau. r. 85. 2. Inst. 681. Finch 81. 1 H. 7. 10.. The King is the most excellent part of the Common wealth, next unto God Ma [...]w. for. law 7. The King is under no vassalage, he takes his investiture from no man, nor acknowledges no superiour but God alone Camd. [...]rit. 105.. I will but note the inhumane injustice, That subjects apostatized degenerate into Rebels, grown not onely as dangerous as enemies, but consederated to urge the hostility, contrary to all laws, as I have obser­ved, should sit both parties and judg­es: and (besides that) the law is posi­tive, no man shall be his own judge,R. 8. Dr. Bo [...]b. cas [...]. [Page 59] but the King; and yet he (as Babing­ton) delivers his own judgement by us or others his Judges H. 8. 6. 19. charg­ed upon the E. of Strafford, that he was both party and judge, Artic. 1.,) there could not be one upon that bench, but was ei­ther to share in his power, or reve­nues. This they know too, if they ac­quit him, they condemn themselves, that very trial being criminal enough, and it being to be granted by all sides, that the arms of one of the parts were unlawful, be it never so cruel, so dam­nable, so mischievous a crime, thePlut. in Agis. Nimirum summi ducis est occider [...] Galbam. King of Sparta shall finde no justice, no eloquence shall protect him, no truth, no innocence shall save, they have sworn to destroy his power, and must secure themselves at what price soever, Majora deliquerant, quam In magnis printi­pum injuriis non incipitur ut desist­atur, scelus sceleri viam emo [...]it. Of R. 2. The Lords had certain­ly so behaved themselves to­wards the King, they saw th [...]y mu [...] be masters of his person and power, or perish. Sp [...] 616. quibus ignosci possit: all experience, all history divine and prophane, old laws, and new resolutions, might be raised against these furies: in a Coun­cel at Chalcuth in the Mercian king­dom, the inland kingdom of the Sax­ons, called the universal councel of the English, a thousand years since want­ing but 38, this Law or Canon wee meet with, Let no man have to do in the death of the King, not communicate in it, because he is the Lords anointed. [Page 60] If any man shall joyn in such a sin, if he be a Bishop or a Church-man, let him be degraded, and cast out of the holy inheritance, as Judas from the Order of the Apostles, and whosoever consents to such a sacri­ledge, let him perish, in the everlast­ing band of an Anathema, let him bee the companion of Judas the trai­tor, let him burn in those flames, which shall never extinguish, the do­ers, and they that consent with the doers shall never escape the judge­ment of God. Did not David, when God said, I will deliver Saul into 1 Kings 24. 5. thy hands, answer his Captain that urged him to kill him: Far be this sin from me, that I should stretch out my hand against the anointed of the Lord? he cut off the souldiers head, who protested he had slain Saul, and it was imputed to him for righte­ousnesse, and to his posterity after him. Contil. Calcuth­cas. an. 717. capit. [...]. Thus the Councel; and if Sauls person bee sacred, all Kings doubtlesse should bee in­violable, but a trick they have found out by that pedant, the greatest tyrant of his Age, of [Page 61] strength to put by the force of any piece of Scripture whatsoe­ver. Tell them they must obey the powers, bee subject to Prin­ces, of Saint Pauls appeal to Nero, and admission of his jurisdiction, he replyes for them, Buch. de jur. reg. p. 50. 55. Paul writ and did this in the infancy of the Church, when the Christians were few and weak: not one comman­dement or precept can hold againstLlam. a Casulst. 389. of fasts, if a man have wearied himself, in break­ing a house, that he might rob or kill his neighbour, or in muldplying unchaste actions, or in travelling to visit his Concu­bi [...]e, and fi [...]des himself unable, be is not bound to the Fasts. these limitations, Thou shalt not steal or plunder may be meant from the Saints, and thou shalt not com­mit adultery intended of the sick; it cannot but be irreligious impiety, (though well enough becoming a Scot,) to perswade the World af­ter so many years, that Saint Pauls Epistles are no more divine, but a temporizing cunning piece of poli­ticks, for such they must be thought, if these interpretations bee authen­tick. Hoel Dha, King of Wales, a Lawgiver in this Isse 700. years since, has this amongst his other laws, Rex non poterit secundum legem in lite sta­re, coram judice suo, agendo, vel re­spondendo, per dignitatem naturalem, vel per dignitatem terrae, ut optimus [Page 62] vel alius. The King according to law, cannot in any suit or tryal, either be­come the actor or defendant, before his Judge, by his natural dignity, or by the dignity of the Land, as a Noble man or any other [...]n. H. Sp. concil. an▪ Ch [...]. 940.: nearer our times af­ter the Confessors laws were allowed, and the Common law began habitare latè, to spread, we finde this law, Let no man judge his Lord, or give judge­ment upon him, whose liegeman he is Leg. Hen. 1, [...]32. [...]. c. 75. 83.. In the learned speech, at the tryall of the Jesuite of the Powder-plot, it is said, when the Scots would refer all differences, betwixt our King and them, (I think Edward the first is in­tended,) to the Popes decision, the Peers refuse to consent, because (so they) in things of that quality, (For they concerned not the Church) Their King was not to make his answer be­fore any Judge whatsoever, either Ec­clesiastical or secular E. of North. Spe [...]ch.: as Speed, their King was not to answer in judgement, for any rights of the Crown, before any Tribunal under Heaven. Erubescit lex filios castigare parentes, is the Common law Maxime, in Dr. Bon­hams case; where the Colledge of Physicians in London, would take up­on [Page 63] them, to judge and try the suffici­ency of a Doctor graduated in Cam­bridge. Little streams the goodnesse and clearnesse of the Fountain, enough to put the Law to her blush, (as the rule,) to see the children correct the parents R. 8. 11 [...]., This God commands in the holy Scriptures, this the Law of Na­ture dictates, that every subject obey his Superiour R. 7. 1 [...]., then not try and condemn him is easily implyed. In Crompton, the L. Cook, the Diversity of Courts, Annals of the Lawes, or others, Let them but shew, the footsteps of their High Court of Justice in any of them.Sup. 23. All are the Kings Courts, the Parlia­ment it self, is his Court too 33 H. 6. 18.; that they may not perswade the ignorant, that he can be meant by any general penal law or statute, he is not within the words, High and great men, in the Act of scandalum magnatum, but above them a Inst. 228. Dy. 155.: as before, no statute binds him unnamed SuP. 43.: and which of them all have made rules against the King, or subjected him to a tryal. Vin­dicta est mihi, all revenge must come frrom God or his Lievtenant the King, in some of his Courts of justice a Inst. 103.: The use of a King is not onely for the de­fence [Page 64] of our bodies and goods, but of the Law too. Fortese. c. 13. The Lawes are received, allowed, and put in pra­ctise, by the Kings authority Postnat. 36.; and besides the greatnesse of these bene­fits, (enough to set as high a price on him, as those Israelits did of their David, who cryed, thou art worth 1 Sam. 2. ten thousand of us,) those other tyesR. 7. 4. 1 R. 7. 13. of reverence ^q, obedience and lige­ance ^r, should preserve him from be­ing thrown into the common mis­fortunes of other men, and from ap­pearing before any bar as a priso­ner, where those Judges sit who are authorized from himself; were his life so cheap, the Law would every day want the soul that should actuate it, the name of a Prince would be most contemptible: and if the refractory contumacy and ignorance of the English increase awhile (which ever▪ go together) a week will be a long reign. The Lord Chan­cellour Egerton in Calvins case, sayes, he holds Thomas Aquinas his opini­on to be good, which is this, The King is free, and not bound by the Laws, as to a co [...]rcive or forcing power, as to a directive power he is bound [Page 65] by his own consent, who shall say un­to him, what doest thou? Postnat. 106. Eccles. c. 8. In the first of Henry the fourth, there was a Councel of Lords, such as had been instruments of the new usur­pation, (wee may be sure the Law was not much heeded, not much sought after) the Earle of Nor­thumberland of the name of Piercy demands, what were to bee done concerning the life of Richard the late King, then called Lord Richard (and not Richard Plantagenet bare­ly) that worthy Prelate (as the Chief Justice) a Inst. 635. John Merks Bishop of Carlisle spake thus, They ought not to sentence the King for these causes; First, Their power could not reach him, hee was their superiour, and the Lords anointed. Secondly, They had obeyed him as their King twenty two years. Thirdly, The Duke of Lancaster had done more trespasse to the King and his Realm, then the King had done to him or them: he de­sires the names of those that would proceed against him, might be entered into the Parliament roll. The stout and resolute speech of the worthy Bishop took some effect, sayes the L. Cook ^x. [Page 66] The Lords vote upon it, they would by all means that Richards life should1 H. 4. 101. Parl. nu. 73. be safe: but it appears more fully in a­nother place to be the opinion of the Lord Cook, that this Tragedy of Richard the second, (so much loved by late rebellions) was treason and re­bellion.* All the Judges of this opinion for R. the ad. and E. the ad. their cases in that E. of Ess. case. Camd. El. [...]00. The statute which declares E. 4. his title, sayes Hen. 4. did timo­rously against his all giance, rear arms against R. 2. 9 E. 4. 9. 3 Inst 12. inf. 85. 2. For the Lord Cook asking the Earle of Southampton, arraigned with the Earl of Essex, whether to seiz the Queens Court armed, with a designe to be masters of her person, were treason or no: and Southampton demanding of him again, whether he imagined in his conscience they would have offered violence to the Queen? the Lord Cook replyes, You would have done what Henry of Lancaster did to Richard the second, he came humbly to the King, under pretence to remove evil Councellours, but having got the King into his power, spoiled him of Realm and life Camd. El. 797.. There is but one un­fortunate Prince more, who can serve for an example, and for imitation to Rebels, (for Henry the sixth lost his Royalty to the justice of Edward the fourths titles,) and that was Edward the second, 3 Inst. 12. in whose History adul­tery, and not law is legible, and an Ae­gystheus [Page 67] and a Clytemnestra, act in eve­ry Scene, yet notwithstanding his dis­missing himself of the Crown (as it is4 E. 3. 101. parl. nu. 5. called) his murtherers had the judge­ment of traytors.

Those that are Judges in Parlia­ment are Judges of their Peers, but the King has no Peer in his own land, therefore hee cannot bee judged 3 E. 3. 19. Glan. l. 7. c. 10. Stamf. cor. 153. sup. 47. Stamf. 5., (as Stamford) by them, as the Book. That he has no Peers is evident from that statute of Eliz. intituled, An act for the assurance of the Queens power over all estates 5 Eli [...].. They must first depose him then: For as King he can have no Peers, and so cannot be tryed: and if they do depose him, (which shall be proved hereafter illegal and Id possumus quod jure postu­mu [...]. The law would have us think every thing impossible. that is unlawful. Swinb. test. 225. impossi­ble,) then is he judged and punished before they have found him guilty; yet the Judge must not be easily dis­covered; the life of man as one, which of all things in this world is the most precious, ought to be tryed before Judges of learning and experience in the lawes of the Realm 2 Inst. 30., and every Judg must take his authority from the King. Stamf. 55. Bract. l. 2. c. 2 [...]. The Judges have been stiled ministri re­gis. W. 1. 25. 1 Inst. 207. No man, not of the Kings faith can be a Judge, nor any man that has d 3 Car. 1. Opinions of this Parliament con­trary to their actions. not his Commission from the King *. [Page 68] And as the Petition of Right, No man ought to bee adjudged to death, but by the Laws established in your Realm, the customes of the same, or by Acts of Parliament. The fift Ar­ticle against the Earle of Strafford, charged him, To have used a tyran­nical government, not onely over the lives, but also over the lands and goods of the Kings subjects, against the seventh of H. 6 (say they) which provides all matters to be determined by the ordinary Judges. The fifteenth Article, To have inverted the ordina­ry course of justice. The House of Commons, it should seem, when they took such care, to frame their Articles out of the matter of such corruptions, were th [...]n of an opinion, that these practises were abominable in others, and in such crimes to be suspected, was to be capital. There are the new Gnosticks as well as the old, who are alwayes clean and the spiritual: and though there may be sinnes for others of a more unworthy Clay, yet every thing must turn to gold at the touch of their fingers; the same Commons in the sixteenth Ar­ticle against that illustrious unfortu­nate, [Page 69] are very angry, That he had Eandem virtutem & oderant & mi­rabantur. taken upon him (so the Article) a royal and Independent power; and in the ninth, That having established his arbitrary government, his next de­signe was to make intrusion upon the The Article ap­plying to his own use the publick re­venues, to be more able to accomplish his d [...]stoyal inten­tions, withdraw­ing sums from the Crown, as the close. Crown it self, this they adde, be­ing a crime of a higher nature then his others, those being done against the Subject onely, this against the King himself; as in the close, ha­ving weakned the King, and preju­diced the subject of the protection, he was to expect from him; I wish the Commons had been of this judge­ment to this day, and that it were as fatall to act these Articles as it has been to bee accused of them, then had no intrusions been suf­fered upon the Crown, the King had not been so weakned, that he was not able to protect either his subjects or himself; crimes of Majesty against the King himself had still been the most heinous, and a royal power had been indepen­dent yet, nor had wanted our argu­ments, more then subjects bound by nature, and oathes, perswasions to keep [Page 70] themselves honest: how many repent themselves of their London faith, and giddy zeal, being the converts of ex­perience, the mistresse of Fools? as they say of Calvin, Could hee have foreseen what mischiefs were to ac­company his Presbytery, he had ne­ver set up this standard of Christ, (as blasphemously they call it:) so perhaps had Mr. Pyms spirit been aware, how far the flames would have ascended, he had never tyed the Foxes tails. But to keep my way. Though the Com­mons are changed, the Law is the same still. The Kings person is subject to no mans suit. Stamf. Prerog. 5. If the King enters any mans land, there is no remedy but by petition 4 E. 4. 9.. If he kils any man, there is no remedy, yet is it ill done, as Judge Weston Com. 247., in the third of Eliz. (a Princesse, who amongSr. Rob. Naunt., her people got the name, of most gra­cious and popular, and as a woman, could not be like to pay for the opini­on:) The King cannot be attainted, no not in Parliament; yet all judgements in treason and felonies, and attainders follow one another. Henry the sixth, after his inchoation or reception, holds his Parliament, though attaint­ed [Page 71] before by King Edwards Parlia­ment, and disabled as to the Crown, Br. parl. 105., his new gained Royalty made all this void, (though that Royalty was ne­ver de jure, but de facto onely, never of right. It was Brutum fulmen a flash of weak malice, and a poyson which could not hurt: if the attainder of a private man fals off alone, at the ac­cesse of the Royalty discended 1 H. 7. com. 2; 8, I [...]st. 16 Fi [...]z. ti [...] ▪ parl. 2. Br. 37. com. 244., and it be granted that criminal causes cannot disable the discent, or accruer of right, lesse can they disable, when it is discen­ded, which right no order of men can blot. In the King (sayes the Law,) is imaginable no imperfection, no infa­my, stain, or corruption of blood Finch r [...]q. [...].. If a few Commoners can judge the Kings head, I may use Plinies censure of the sentence, A Romane of quality being murthered by his own servants, No man now (sayes he) can be secure, be­cause he is milde and remisse. Non ju­dicio Domini, sed scelere perimuntur, tis wickednesse, not judgement which destroyes masters. But to consider far­ther,Stam [...]. Cor. all indictments run in the KingsDalt. Just. L▪ Edw. Cons. c. 35. name, the peace is his peace, all felo­nies are against his Crown, all treasons against his Crown and person. No man [Page 72] can be attainted of high treason, un­lesse the offence be in law high treason 4 Inst. 39.. There is no treason but such as is de­clared in 25 of Edward the third Rast. Treas. 20.. The reason that no Writ ever lay against him, is from the absurdity that he should command himself Stamf. prerog. 42. Bract. l. 3. co [...]tra q [...]em compe [...]ir. ass. Finch 255. M. Finch 83.. No a­ction lyes against the King, for who (as one) can command the King ^m, both which difficulties were easily re­moved, had a supreme name, and pri­mum mobile, been any where in na­ture discovered, to which he was to submit: but the Law never went so far, never coeli ultra solis (que); vias; If any man ask for a late positive law, I might reply, as he did, who was bid to produce a decree against Parricide, That there was never any such sinne committed in his Common-weale. Our forefathers would not forespeak their posterity, nor could they divine their own blood should so much corrupt; The Commons of England (as in some Creeds) being ever exemplary for their tendernesse of their Kings dis­honour, and maintainers of their Sove­raignty Dau. 1. [...]6.. But I answer, this Act is [...] gainst every statute, every Law of trea­son, and as much beyond known [Page 73] and common treason, as a private man is beyond a common Homicide, who intending the murther of his father will personate the Judges part, and formalize a wicked ceremony first; which yet had not needed, their Patriarch Muncers Letter had been enough killing alone, whose doctrine it was, That all Judge­mentsMuncers bible must have Mun­cers interpreta­tion. civil must be by the Bible, or by revelation from God, and that all in dignity must be equal: the first treason in the statute of treasons concerns the Kings death, the com­passing of that 3 Inst. 3. 6. E. of Ess. case., tis true, more then compassing or imagination, the statute has not; yet if getting the King into their power, or imprison­ing of him, if Gunpowder, as well as Armies or Poyson, be within the word, or its sense, with as good a reason is a tryal, within that sense, it being (we finde) as quick a way to destroy as another: Compassing is certain, and enough; the wayes, and Medias which several Traytors should invent or use, could not be de­clared or thought on, under prophecy, w^ch is conquered too, or was ever due

to the side: but it appears, resisting Mr. Cromwel, was to make an excep­tion: and this statute was to hold but till his salley: a summer or two hence we shall know more of that: but if resistance be so mortal, what Prince generally since the Saxon plantation, nay, since the first day of rule, is not within the danger of a tryal? It is a rare treason, and not every where read, that a King must be supposed to commit against his own sworn liege­men and homagers; a treason never met with, in any Author, Christian or others: Majestas laesa, Majesty viola­ted, is all the treason, the genus of all the treasons, that any law civil or mu­nicipal takes notice of; this Majestas Laedens, or Majesty violating, is such a treason as Trebonian never dreamt of, Fitzherbert knew nothing, the Lord Cook never heard a word, and which a man must be religiously mad to be­lieve, treason in all bookes being a crime done against the dignity, great­nesse, power, and security of the Prince in a Monarchy, of the Magistrate in any other government of the people, a [...] seditious Athens heretofore. I have observed one treason objected against [Page 75] Richard the 2^d, a treason not thought so now, and not full so senselesse as the last, which was treason against the rights of his Crown. The RochellersSieur Per [...]. before their last siege, declare all men traitors that do not adhere to their as­sembly, which was a very pretty French treason: nor is it any wonder the King should be called a traytor, since Mr. Cromwel may perhaps think himself (like Hacket with the disci­pline) the King of Europe; and thatJohn of Leyden, Emperour of all the Earth, to de­stroy all Kings, Sleid. Presbyterian Prophet, more blasphe­mous then Mahomet, assumed our Sa­viours natures and would bee Christ himself Camd. El. 580. li Conspirac. for Presbyt. discip.. Further, since holy King Charls is charged with murther, and offensive armes, (though wee may charge this charge in that of Patercu­lus, Expediebat facto parricidii Caesa­rem tyrannum appellari, it concerned them that designed treason against him, to call Caesar tyrant:) one word of those armes: have we not seen which army was first raised? whose Commissions were first issued? and (what is the very signe of sedition and rebellion,) the people courted; modest and calm dissentients reviled, and posted? the Prince, the Arcana­imperii [Page 76] traduced, and laid open? Fa­bles and lyes, as idle as the Sermons in every mans hands; the factious Ci­tizens, that would bee wise because they are rich, pour out their unrigh­teous Mammon, arming against their own good fortune, and driving away theirs, and the Kingdoms prosperity, sacrificing themselves, and the fruits of so many years peace, (which yet they ought to a most pious Soveraign, and the blessed rule of his Ancestors,) to the cruel Furies and irreligious co­vetousnesse of the five Members, and a few male-contents, as to wicked spirits? Religion being become Fa­ction, obedience to Gods Ordinance, Malignancy. The Scriptures and theHoc terum statu a regils partib. sta­re pro crimine pe [...]duellionis ha­bebatur. Thuan. Lawes expounded against the Texts, suppositions of an imaginary funda­mental invisible government, jealou­sies and fears Cavendo ne me­tu [...]nt, metuendos ultra se efficiunt. The King never in any demands sought the be [...]e­ring or increasing his j [...]st rights, but to preserve his own, which alone proves him the defensive., without either faith or charity, blowing the fire of a Civil war, propositions and demands to their liege Lord, so unreasonable and unjust; it was clear, they neither ca­red for peace, nor would be conten­ted with the buckler, the King some­times abandoning his friends, his strengths and revenues, saw his Forts [Page 77] surprized, his domesticks, and most intimate Counsellours too corrupt­ed, and bought to betray him, his Magazines seized on, full allarms, and signes who began: Nay, their General, the Revelation rider of the red Horse, (according to the Muf­ti) had not onely listed the Butch­ers, and the prodigal sonnes of the town, but was got to horse ere the Royal Standard was advanced. Something strange, the defensive part should march to Shrewsbury and Edgehil, to finde out the offen­sive, when all law, bids the defen­dant draw back, and not strike, but when hee can retreat no farther, Defence being instantis vel imminen­tis offensionis propulsatio, the re­pelling the force that is over a mans head, that is imminent; and were arming criminal, yet neces­sitas inducit privilegium, necessi­ty excuses, nay, takes away the guilt, as a Woman kills the as­sayling Ravisher, 'tis justifiable Eac. elem. 25. r. 10. 61. 2 Inst. 326, since any man may bee the offen­sive lawfully, when tis unlawfull to defend, as to strike in de­defence [Page 78] of a mans goods Kel. 92. 9 E. 4. 28 Bald. Sect, si fur de su [...].: They know in their consciences, and shall with confusion of faces one day give an account for it, who were the defen­sive, in these broils▪ but either offen­sive or defensive, as to precedence of time, who heaped up, the provision of powder, and matter of conflagra­tion, it is visible: Nor can any Faux seem defensive, if the King shall fall upon him, and not stay his time of gi­ving fire; and to build a civil and a Church-war, upon no other grounds but the sands of Utopia, and I know not what fictions of distrust, the rage­ing of the waters, and the madnesse of the people; they have won by the sword Their expressions. and will rule by it, indeed shews their whole history has more of the sword then spirit in it, and possible, they that take so much of the sword may perish by the sword: but this is but untime­ly piety, all our reasons are Physick to the dead, we have seen this chrystal of Majesty, so long beset with the quick fire of zeal, it is at last dissol­ved into the original drops, we have seen this royal Argo, robbed of her fleece and sails, split her naked ribs up­on the cliffes of her own unnatural [Page 79] shore, and like the Persian raving, we lash the sea, accuse the desperate Pi­rats, and confute the storm, and reaso­nably enough: they who have been covetous, rather of height then inno­cency, shall be told at what price they have brought this flaring brittle great­nesse, and the carelesse lookers on be shown, some of the glories of that gem, which they unworthily have thrown away: I will conclude this discourse, with this character, of the King of this kingdom, 2 Inst. 198. 3 Inst. 5. Ins. 8 [...]. The King is the Father of the countrey, and the head of the Common-wealth; and a great Historian asks, Who ever liked that body long, whose head was taken away?

It is now to be considered, (for inRoyal Dures the Kings tryal Monarchy it self, they think has received a very killing sen­tence,) 1. Whether force (himself out of fear consenting or not) may extort this this royalty. 2. The King may freely part with it. 3. Or the people require it from him. If none of those can be done, (and we know the two last needed not have been mentioned, or thought of, being neither of them likely to hap­pen, which therefore makes the con­cession more easie,) then we are sure [Page 80] this right is not cut off with his head, but descended to his eldest son the now King: Dures which is a compulsion by menace of death or personal hurt, and by all such acts as include the danger of death, pre­sent or future, no doubt may reach the King: the person being King Calu. r. 7., he may be awed, and frighted out of his rights, as much as other men; nay, be awed to speak his traitours good, and justifie those thrusts which have run him through. There is a Parliament Roll termed Rotul. con­trarientium, for that Thomas Earl of Lancaster, siding with the Barons a­gainst Edward 2. it was not safe for the King to call them rebels or traytors, but contrarients, such was their power: an Historian in R. the 2^d cals the five Lords, one of which dethroned the King after, the Kings Lords, for (as he) they were more masters then the King, having drawn up 40000 men to awe him in the Parliament, of which hereafter, and sent him word, if he came not quickly, they would choose a King, who would and should obey the Councel of the Peers, yet is the King forced to acquit them by Procla­mation, [Page 81] and note their accusers for un­just:Paris. Hen. 3. 960. 836. Ibid. How often did Bigod and Mont­ford belye the third Henry to his face, Earl Warren answer a quo warrant [...], w^th his sword drawn in the full Court; 772 Clifford forces the Kings Messenger to [...]at the kings Writ, wax and all.

Nay, they placed 24 administrators over him and the kingdom, when he was above 50 yeers old, swore himM [...]t. West. H. 3. M. Par. 970. to their new Ordinances, threatning death to all refusers, left him nothing but the upper room at meetings. All Ages have shown some peeces and types of this Cromwel, but the Com­mon law would not so much as seem to force the King, no not in those acts, w^ch ought to flow from him of right ex'debite justitiae: he that was a Clerk convict, who had made his purgation, might have had a Writ of restitution for his lands, &c. which he was to be restored to of right, yet the Writ en­ded with this clause, sine delatione re­stituas, &c. restore of our special grace, &c. words used meerly for the honour of the King N. Sr. 66. reg. 68.. He that kils se defenden­do, ought to be pardoned of course, by the Prince, yet sayes the statute, if it please him Stams. cor. 15. stat. Gloc, c. 5., these being words of [Page 82] reverence to the King, as the Commen­tator [...] Inst. 317., and again, in some cases, when the King ought ex merito justitiae, out of duty of justice, to make restitution, to the party, yet for the honour of the King, the Writ saith, Without delay, of our special grace restore, which dero­gates nothing from the right of the sub­ject, when right is accompanied with grace; 3 Inst. 241. and if it be treason to take the King by force, and strong hand, and to imprison him, till he hath yeelded to certain demands, as a suffi­cient open act, to prove the compas­sing and imagination of the death ofx 3 Inst. 12 Hil. 1. Jac. Wats. Clerks case. Sem. Priests. E. of Ess. case, An. 1601. the King *, (resolved thus as the Lord Cook, in the case of the Earls of Essex and S. who intended to have taken the Queen into their power, &c. And so (as he) by woful experience, in for­mer times it hath fallen out, in the ca­ses of King Edward the second, Rich­ard the second, Henry the sixth, and Edward the fifth, that were taken and imprisoned by their subjects: this appears more plain by the legal form of an inditement, the first part of which alledges, the death and de­struction of the king to be compassed and imagined: the second part alledg­es [Page 83] the open fact, as for preparation to take and imprison the King, &c. 3 Inst. ubi sup.) Then necessarily a King cannot bee bound, to these demands, got from him by the treason of the agents, more then contracts upon the high way, be­twixt desperate armed robbers, and honest travellers, can be effective, o­therwise the Law should admit him in a worse condition, then his subject who cannot bee bound by any such act ^z; which were absurd 2 Inst. 433. [...] Inst. 15. 16., since all his grants too are void jure regio, by royal right or law royal, when he may be thought deceived R. 2. 32. R. 11. 86., much more here his grants, being ever construed with favour R. 1. 41. R. 7. 11. Hub. r. 314.. Yet I know there is a rule too which half crosses this, to this intention, That the royal grants shall be expounded beneficially for the Patentee, and to be effectual for the Kings honour R. 6. 5. 118. 77.. This is to be meant, when they cannot be thought suspici­ous of any such deceit, (for he deceives himself, that thinkes to deceive the King, sayes the Law R. 11. E. of Deu [...] case..) And I am con­tent the rule shall hold, in this case of force too, if any man will think it ho­nourable, that a King should be thus forced: and were this consent given [Page 84] in Parliament, yet had not the vio­lence been purged, but had still been traiterous and voide, according toEup. 29. 35. 34 Inf. 1 Graf. R. 2. postn. 18. 56. those Judges ^f, the difference onely, that the injustice thus is more pub­lickly done, neither the place nor those that sit there, (be they never so sacred,) being of vertue to change the nature of the actions, Caesar be­ing as much murthered, and as traite­rously, in the Senate, by the stabs of Senators, as if he had been struck in the basest street, and by more ignoble hands: and further, if it be treason in all orders of men, to attempt against the Kings life and free power 1 Inst. 12., th [...]n he that strikes him through, or bindes him, yet forcing him to use his own hands as instruments of his own harm, is guilty of the breach of this Law, & place or quality do nothing: As if a stander by strikes a third man with my hand, I strike not the blow, but he that moved my hand Hub. 181.. The story of the Pirats ship, and Alexanders navie, may notion any violence, and whatsoever is taken, either by a multitude or a single Purser, either rights or honor, as well as money and things, besides it is commanded by a King in Parliament, [Page 85] and enacted that in all Parliaments, Treaties, and Assemblies to be made in England for ever, every man shall come without force, and without armour well and peaceably. To the honour of us, and the peace of us and our Realm. 7 E. 1. But this King according to the fate of of his best successor, nei­ther found honour nor peace at this rebellious assembly; the essential sense of the word not being to be found in either house, no man having the bold­nesse to speak a word, but what the Kings Masters inspired; a Parliament followed the twenty one of this King, of the same judgement with those Judges, who pray, the Commission extorted in decimo of this King, may bee annulled, as a thing trayterously done: For of the Par­liaments, which forced this King to the peril of his life, Speed calls the firstV. Speed 615. 626. Seditious; Sir J. Davies, in the Pre­face to his Reports, the second, Ʋn­ruly, even to attempts, of introducing the tryals of the Civil Law in causes criminal: I grant this of 21 was re­pealed by the 1 of H. 4. a rebel in the 10 and 11 of R. 2. and an usurper in the last, so that as to the reason of things, [Page 86] his repeal cannot weigh much, he be­ing an actour in those factious violent assemblies, and so is the judge of his own case and beginning his usurpati­on, upon the foundation of those sedi­tions, we must not look for much e­quity, in those judgements, in which he was bound, to maintain and justi­fie his own partie and those proceed­ings, though with the condemnation of Richards whole history, and some diminution of the rights of the free Crown. It may often happen too, that it must be madnesse to believe a Parlia­ment: the first of Richard the third, bastardizes Edward the fourths poste­rity, to flatter a tyrant; but what hi­storian since, ever fixed a truth upon this act, Elianor Butler was supposed, as appears by Parliament roll, contra­cted to Edward the fourth, but how true (considering the time and occasi­on) we leave to others to judge, saies the Historian. Concerning the Wives and succession of Henry the eighth, what changes and contradictions do we finde, in the Parliament Declarati­ons, First the marriage with Kathe­rine is void, that with Anne good 25 H. 8. 52.. Then the marriage with Anne of Bo­lein [Page 87] is disclaimed, divorces with both those w [...]ves confirmed, their issues made illegitimate 28 H. [...]. c. 7.. The 26 which 26 H. 8. c. 1. commanded to swear to Q. Annes heirs repealed, then the Crown is en­tailed orderly to La. Mary and Eliza­beth 35 H. 8. c. 1., who then must be both legiti­mate, which cannot so easily be un­derstood; Apollo though he missed the truth as much, yet kept his credit better, for his Oracle ever went to two or three tunes: but to go on, I know the Chiefe Justice brands the Judges of this reign and opinion bit­terly: but this may be attributed per­haps to the providence of his feares, lest this force might come to be pre­tended every where The King in Magna Chatta grants by the words, Of our good and free will, because k. John sought to avoid the same grant, as made by Dutes. 2 Inst. 2., and so all con­cessions of Ages retro be made uncer­tain: but were the Law declared o­therwise, to what calamities and ra­pines would the Crown be subject? What Antiparliaments, or Parliaments of my L. of Essexes summons, shouldE. of Ess. would have summoned a Parliament. C [...]m. El. 794 L. Cook. we be used to? and rather then fail of their ends, as one of that conspiracy, they must draw blood from Q Eliza­beth her self, like that sea of Florence,Sr. Ch. Blunt at his execution. but he saies not by try­al, or otherwise. our government would change at least seven times in an Age: there would [Page 88] be no end of asking, while any thing remained to grant, especially it being lawful to force; requests would be heaped upon requests, every thing would be thought due, that could be had: I will oppose a most lear­ned Chancellor against the censure [...]., who sayes of this reign, and these Judges, Our Chronicles talk idlely, and understand little, Then power and might of some potent persons, oppressed justice and faithful Judges, for expounding the law soundly and truly: I will produce a most wise rule of King James's, to try not onely those statutes of 10 and 11, but all lawes else, it is this, In all, either custome, or example, the times are to be looked upon, when th [...]ngs be­gan, in which, if either confusion or ignorance bore the sway, it derogates much from the authority of what is done, and renders every thing suspect: and we know Silent leges inter arma, let the Bar sound as loud as it dare, yet the Drum sounds lowder, and drowns all. In the time of Ed­ward the third, one claims a War­ren by Charter, of the Kings great Grandfather, Aldenham askes, how [Page 89] this Charter could be allowed, For Henry the third was imprisoned, and forced to make many Charters Cas. in it in­tem. E. 3. pl. 50.; the Barons were out of their wits then, as our Janus Dr. H. Sp. glos.: if the Sheriff re­turn he is resisted in the executi­on of the King his Writs. This is disallowed, because such an answer does much redound to the disgrace of our Lord the King, and his Crown. So the statute W. 1. c. 39.. The Glosse, That which is to the disgrace of our Lord the King, is against the Com­mon law a Inst. 1 [...]3. 414.. Then wee may adde, no reason it should binde, and no body can deny, but the procuring such concessions, by such wayes, is to the disgrace of our Lord the King: this were upon the matter, to make the King a subject, and to dispoil him of his Kingly office of royal government 2 Inst. 12. E. o [...] Ess. case., as the Chief Justice, it being manifest re­bellion (as the Judges in the E. of Essexs case) to force the King to govern other­wise then according to his own royal direction, and for the Subject to put himself into such a strength that the King shall not bee able to resist him E. of Ess. cas [...]. Nay, subjects by power ought not to take upon them to remove [Page 90] evil Councellours ^u, pretending refor­mation to alter Religion, Laws, &c. This being levying of war against the King, because they take upon them Royal Authority which is against the King: and because the Pretence is pub­lick and general 3 Inst. 9., such violent force of great men being anciently called, Felony against the Kings peace Sta. Ne quis occas. pro prosec. H. [...]e Despens.: but an objection there is found in the Co­ronation Oath, out of these words in it, Leges quas vulgus elegerit, say the objectors, he is sworn to the Lawes which the people shall chuse, and so must be obliged to refuse nothing, force or no force is no matter: this were a strange slavery to be sworn to by a King, let him be of Sparta; with what righteousnesse and judgement, (notions considerable in oathes,) can such an oath be taken? who can swear farther then for himself? the perfor­mance of things in his power, and to be approved by his own judgement rightly informed? They may choose Lawes against the Church, and all the old Laws and liberties, granted, as the first words of the oath, by the ancient, just and devout Kings, which if hee consents too, he should swear imply­edly [Page 91] in the latter part of the oath, to break what he had sworn to in the first part: but since the old lawes in the first sentence, and the Church, and Lawes after, Quas vulgus elegerit, may all stand together and agree in the Oath, it must be intended of the Laws which the people has chosen, and which we know may agree with the rest; see the full words, Sir (sayes the Archbishop) do you grant the just laws and customes to be held, and do you permit them to be protected by you, and strengthened to the honour of God, which vulgus elegerit according to your power, if it must be, which the peo­ple will or shall chuse, then indeed it were not material (which has beenNegat. Vo [...] the practice of all Parliaments) to seek for his 2 Inst. 741. 4 Inst. 25. 33 H. 8. c. 21. 33 H. 6. 17. Cromp. jur. 8. 3 Inst. 58. 1 Jac 1 2 Inst. 65. 100 Graf. 37 H. 8 p. 1279. 4 Inst. 176. D [...]. Th. Sm. resp. Aug. 169. 181. 182. assent: this blinde grant be­forehand, without either knowledge or understanding of the subject, might serve the turn; the oath in the old a­bridgement of statutes set out in King Henry the eights dayes, cited by Dr. Cowel, and his most unconscionable Plagiary, speaks thus, The King shall grant to hold the Laws and Customes of the Realm, and to his power keep them and affirm them, which the folk and [Page 92] people have made and chosen. The sense of this part of the oath is e­nough manifest by the Lords and Commons in the twenty fifth of Henry the eighth, directing their Declaration to the King 4 Inst. 342. [...]. leg. Edw. the Cont. 17., and full satisfactory against this objection, say they, This your Graces Realm, recognizing no superiour under God, but onely your Grace hath been and is free from subjection to any mans laws, but onely to such as have been devised, made, and ordained within this Realm for the wealth of the same, or to such other, as by What need those words, if the Vulgus elegerit bewil choose. no need then of his sufferance. sufferance of your Grace and your Progenitours, the people of this your Realm have taken at their free liberty, by their own con­sent to bee used amongst them; and have bound themselves by long use and custome to the observance of the same, not as to the observance of the laws of any foreign Prince, &c. but as to the customed and ancient lawes of this Realm, originally established as lawes of the same, by the said suffe­rance, consents, and custome, and none otherwise.

The second. Whether the King The Kings free dissoluti­on of himself may freely cast himself or his Royalty [Page 93] rather from this Pinacle of Majesty, is now to be considered. These two last Discourses may easily run into one a­nother, and flow together. For if he stands too high for the peoples reach, then cannot he lose, or extinguish, by the unnaturall rashnesse of his own hand; he being to watch as a most il­lustrious Sentinel, upon the top of that Tower, where God and the Law have placed him, till the same great Master of Nature cals him off, that unction which renders him sacred, making him so, within and to him­self, like the character of Order, or Priesthood, too inherent, and internal to be scraped off at the fingers ends; & not to be cut off as Samsons strength with his hair. And anointed he is with holy oyl too Rep. 3. Caw. [...]. Dau. r. 4. 33 E. 3. Fi [...]z. Aiddel. roy. 103., and not onely capable of spiritual jurisdiction, but a mixt per­son with a Priest. Nor is that all, that he is anointed, he is Christus Domini Concil. Sax. 2 [...]6, the Lords anointed, a sacred notion, thirty three times met with in the holy Scriptures, and ever a chara­cter of Kings; Bishop Andrews chal­lenges, Bellarmine, or Tortus, to shew one place where these words were taken otherwise; for there are [Page 94] no enemies so much to these texts as the Puritanes amongst those of that fide, or of any other Chu [...]ches) his power is then from above, from by me Kings reign, and he can neither touch himself, nor can others touch him, he is Christs Vicar under himself, by the Doctrine of our ancient Church Bede Weelloci [...]51. hom. 34. cired 11 E [...]. Conf. 117., in our Law, Gods Vicar, his Minister, the Vicar of the eternal King, he bindes himself in Jesus Christs Name by his Coronation Oath Bract. l 2. in Stamf. cor. 99. 100.: Another, being im­mediate und [...]r God, and therefore carrying Gods stamp and mark among men, and being, as one may say, a god upon earth, as God is a King in Hea­ven, he hath a shadow of the excel­lencies that are in God, in a similitudi­nary sort given him, Gods excellencies and honour partly stand in things incommunicable to others, partly in such as after a sort the creatures may partake of, both which the King is said to have, some in truth, other by fiction, all by similitude, from the di­vine perfection Finch 81.. The relations be­twixt the King and subject are not made by themselves, the Law in Cal­vins case sayes R. 7. 12. 13., The law of nature is part of the law of England. The law [Page 95] of Nature is that, which God at the cre­ation of the nature of Man infused in­to his heart for his preservation and di­rection, this law is eternal and moral, written with the finger of God in the heart of man: as God and Nature is one to all, so the Law of God and of Na­ture is one to all, and by this law of Nature, is the faith and obedience of the Subject due unto his Soveraign. The moral Commandment, Honour thy Father and Mother, extends to the Fa­ther of the countrey; Kings decided causes not tyed to any formalities of law, and the faith of subjects was due unto them, before any municipal laws: For in vain had it been to have prescri­bed laws to any, but to such as ought obedience and faith, in respect whereof they were bound to obey and observe them: The Chief Justice concludes this discourse, The very law of Nature never was nor could bee altered or changed: It is certainly therefore true, that laws natural are immutable ^f, and faith and obedience due by those lawes cannot be changed or taken away. So that book, and were it true (which yet has not been done) that the su­preme power may dissolve it self, but [Page 96] binde it selfe it cannot, 7. Calr. case. yet howq Bac. Elem. 67. can this be performed? This Ma­jestie this supreem power changed into a derivative flood, must empty it self, into some Ocean of power, and dye there, swallowed up by sur­render or resignation; For extin­guishment or consolidation, and the cases of Lord and Tenant are earthly names and made up of te­nures, the tenant owning an estate in the land, and the act of the Lord enuring to destroy the onus or ser­vitude of the Fee, in the oath too to such Lords, Faith to the King was ever excepted, but the relation be­twixt the King and Subject are per­sonall and within, as those of father and son of natures making, whose laws are immutable, and must be much above these paralels; And for the example put with the rule, it dos not prove it home, For the King (saies the book) may by consent re­sume the power of Parliaments, which once by lex regia he did enjoy, butSup. 31. 37 how is the supream power destroyed here, The King alone is supream, The Parliament a supream court onely as he is there the head, so that concurrency [Page 97] of consent and action by the Lords, and Commons, is onely resumed and restored to the primitive fountain of the Supremacy, and his rayes con­tract, and return to their own body, which shined scatteringly and by Communication of beams to lesser spheres before. For supposing this exorbition, it will require revelati­on, to guesse, what estate our Kings have had in this Soveraigntie, and in what Treasury the Supremacie it self has been lodged in all this while, if that be not it, which has been so often sworn to; if the resolution of the Judges be the highest authoritie in law, 2 Inst. 601. if they sit over and on the top of the laws, hub. 486. Post­nat. 22. 23. 19. 20. in Parliaments too (where they are not mere woolpacks) Stat. de big. c 1 4 Inst. Cap. Parl. See their writ. Sup. 22. 23. If acts of Parl. too be of any force, then the fountain of the Kings roy­alty is within himself, his honour, and justice, and mercy, which comprehend all the rest are his own, ^l he is summus L. Coke. 237. Dominus supra omnes chief Lord over all, 2. Inst. 501. and if out of these reasons K. Johns resignation (were there any such thing) to the Pope and Pandulpho, as to those from whom he had never received, was uneffectual and invalid, what need [Page 98] these objections be so frightful? for though it be imagined, the reason of the invalidity truely, because the Lords and Commons had not consented, yet40 E. 3 rot. pat. [...]u. 8. could this be no reason then, where there was neither Parliament nor Commons, as in use since, and how­ever, the Lord Cook in the very next words condemns such a consent, as against Law and Custome of Parlia­ment, 4 Inst. 14. so that exceeding its own Laws, the consent is lawlesse and in­firm, then this cannot be the cause, why the resignation should be in­valid. It seems the Pope demanding Homage and Tribute of Eward the third, from that supposed act of KingOf all kings the lying Monks most [...]osed king John. Iohn, or resignation, (which resignati­on has been pretended to be burnt at Avignion, and never yet shown, so that some think King Iohn never ei­ther resigned, or paid the pensions [...]i [...] Thomas More sup. of so [...] [...] Camp. Camp. hist. of [...]rel. l. 2. [...]. 3. gave that reason for an answer, (it being familiar in those times to speak of ages past, in the language of their own) yet another reason they give, which is more pertinent, That such [...] resignation was against the oath take [...] at his Coronation, ^P and though there are those, who neither weigh perjury [Page 99] in themselves or others, so it be to their advantage, yet is the King as much swron to preserve the rights of his Crown, as the Liberties of the people, nay the Crown has the first place, and stands next the Church, so that out of Conscience, as well as other respects he cannot contribute to his own ruine. These are the words of that part of the oath, That he shall keep all the lands, honours, and dignities righteous and free, of the Crown of England, in all manner whole, without any manner of minishment, and the rights of the Crown, hurt, de­caied or lost, to his power shall call a­gain into the ancient estate. Henry the seconds vertues being admired, he is praised that he was a great Defender 2 Inst. 29. and Maintainer of the rights of his Crown.

3. And could it appear, the King The people in monar­chy. were originally but a grand trustee, he could not be commanded to resigne that trust, it is so a power given away, which no revocation for its time can fetch back, nor no condition, not crea­ted with it, can defeat; but without a new light, who can look upon the cradle of our first Prince, and finde out [Page 100] that Faerie Chimaera of the people, plowing up a crown and sceptre in their ore? Could there be any such discovery made, it must be some­what before the Arcadian Moon, and much about the time, when according to Fortescue, and the famous Becsele­nisme the Common Law came a­broad.

And grant a King so chosen, TheElection. rout on their knees to the work of their own hands, they are so grown a corporation of Citizens, and he their head, R. 5. Cawd. case no more a loose and irregular rabble: The term the people now dos not signifie the dispersion, or wildnesse of a nation or sept, but as with us, The people there includes al the new Kings subjects, And they al are not their own, but the Kings people, 2. Inst. 537 Art. sup. Chart. lib. 2. H. 6. cap. 1. Sup. ibid. [...] Inst. 539. No­bles, and Commons are all in, ^s so of the word the Commonaltie too, ^t They are now bound by their own election, and the Vassals of the covenants they have sworn, and be the King even Saul himself, yet they having onely obedience left, can no more, tied with their own hands, free themselves, the [...] recall any their other grants to one an­other: This was the doctrine of ou [...] [Page 101] primitive English Church, of a peo­ple submitted to no government; such a people have the liberty to choose their King, but the King once declared or made, he takes the power, has the empire, or truer with the ori­ginal,) the who [...]e sway over th [...]t peo­ple Serm. Cathol. de Epiphan. Domini, in the S [...]x. Church whose yoke they cannot shake off their necks▪ For what is done by this submission to a Prince? Is not justice against oppression sought for, and protection for the weak, it must be necessary then, that they offer up3 Inst. 143. to this Soveraign the unruly sword, Otto Fri [...]ng. e [...] co [...]suetudo curlae imperia [...]is ut reg­na pergladiu [...] ( [...] [...] ptemae potes [...]a [...]s [...]mbolum prout Do [...]. Sp [...]l man) [...] ­dantur et recipi­an [...]un. with which like wilde beasts they had gored one another. For by the old Law royal lex regia, at the foundation or consigning of Empire, The people did tranferre all Empire and power upon the Prince, so that after, the people has it not, the pow­er of law-making too passed over from the people to the Prince Ins [...]i [...]a [...] [...]mper. lib. 1. Com. A [...]cu [...],, else had this government been neither necessa­ry, nor profitable for the society of man, both w^h it is R. 7. 13.. And there is an e­vennes and p [...]oportion in the body of our kingdom, There being such harmony so just a symmetrie betwixt the head and the body, (as one) the law [Page 102] of England, excells all laws, in up­holding a free monarchy, which is the most excellent form of govern­ment, exalting the prerogative royal, and being very tender to preserve it, and yet maintaining withall, the inge­nuous liberty of the Subject, Dav. rep: pre­face. V. Johns re [...]at. who enjoyes a multitude of prerogatives above all other nations. For by the Law (a Parliament tells us) not onely the Kings authority, but the Peoples securitie of lands, livings and priviledges, both in general and par­ticular, are preserved and maintained, 1 Jacob. c. 2. and by the abolishing of or alteration of the which, It is impossible, but that pre­sent confusion will fall upon the whole State, and frame of this Kingdom 1 Jacob. c. 2. Sup. 27.. And injoying the blessings of such Laws under a Prince, what was there more to be desired? To shake of these lawes and this government, is to returne to the disorders of our an­cient wildenesse, and according to that Parliament, It cannot be liber­tie loosed from the Lawes, but pre­sentThe Laws of the Realm are called libertates because they make free m [...]n 2 Inst. 4. magna chart. c 1 confusion which we must ex­pect; And as little can the represen­tative of the people so submitted, [Page 103] redemand that power so trans­ferred; since Nemo potest plus ju­ris in alium transferre, quam ip­se habet, R. 424. 2 Inst. [...] no derivative having power of that which the primi­tive has not, and to speak some­thing of elections. Fear (as some profanely) first made gods, tis fear which first made governments, societies of men, and made it ne­cessarie to set up Kings: man be­ing the Wolfe to man from the beginning, but the world being by degrees civilized, and divided into governments, the causes (those fears and oppressions being reme­died by government and lawes) ceasing, This election too must become unnecessary; nor are the overflowes, of some single Prince, (Though election among the Em­perours has as often proved unfor­tunate that way as hereditarie suc­cession) so mischievous as electi­on it self, as one, when the matterSuing test. 72. lyes in the mouth of the multitude, magistrates with a very little wit are many times chosen, decernente fe­rocissimo quoque non sententiis magis [Page 104] quam clamore & strepitu, Liv. l. 23. Ca­pua deposing her Senate would be moralized. The multitude is the seaThe people be­leeve upon ano­thers faith. of fierce windes, it is easily, we know, driven, by wicked flatterers, into a­ctions and choises which ruine it: e­very election would be like a Fair, or the Hall in Plinies time, where they [...]artlan. in Didio Juliano. Venale imperium turpis­simo praeconio milites proposutrunt. gave so much for the Euge or ap­plause, & so went for eloquent: he that can speak better then think any Clo­dius eloquent to the ruine of his Com­mon-wealth: but however the great­est offerer will carry all: Varro a Butchers son shall be Consul at Cannae, and throw away the Romane destinies themselves, if possible: if for no other vertue, for his detracting from the ho­nour of the noblesse, Athens, in Thu­cydides, Florence, nay, Rome it self may shew fearful presidents of a people let loose; how often did she run from her self in the seditious successions of her Tribunes Liv. l. 2. 126. Tribunitia potestas gratuitus faror., changing from Kings to Consuls, Tribunes brought in, the Decemuiri, Consuls again, Tribunes militarie, interreges Consuls again, be­sides the soveraign Dictator, so that they were many ages climbing to the point of that greatnesse, which Alex­ander [Page 105] (adding wings to sate) attained to in a short life, nay, in twelve years, and left them behinde him to, it be­ing not discord of base Atomes, but concord which makes the tree of Do­minion spread: the discord of the e­states is the poyson of this City (sayes Livie,) in an election too, the incon­stancy of resolutions proceeding from­the diversity of ends, would trouble all good resolutions of a few, besides the despight to honour, an enemy, an equal, an inferiour advanced, not di­gested by a father, who in the Vene­tian History refused to see his son the Duke, unwilling to give him his hat or knee. Poland and the unhappy interregna there, may be a visible ex­ample: but were it to follow after these elections, that the Princes height were so slippery, as some would have it, were his life and Dia­dem forfeitable upon every miscar­riage, what invincible mischiefs again would the admittance of such a change bring with it: 1. Not to bee pre­vented by any providence of the Prince. 2. Minas esse principis non imperium ubi ad illos provocare li­ceat qui una peccaverint, the [Page 106] Prince may threaten, but command or be the Prince he cannot where appeals are allowed to those, who are fellows of the seditions, would be found a true rule,) how often, would wicked and ambitious men from hence build pre­tences of treasons and disobedience? what burnings, robbery, and depopu­lations, what massacres of the best men, would every reign bring with it, every such eclipse produce; the male­content would still cry out before his hurt, and out of uncertain hope of al­teration, we should apply remedies more pestilential then the disease, eve­ry headstrong factious fellow would sit at the helm, every Schismatick would set up his new Church, or the government should be tyranny, & the elect should hazard his peace: sad condition of rule, who so (sayes theDifference bewixt an ordinary regu­lar government, and the rule of new masters ill established. Florentine history) shall consider the great mischiefs, which happen to Common-wealths by alteration of go­vernment, or change of the Prince, though without any dissention or di­vision, shall finde the same of force to ruine any kingdome or state, how mighty soever. But these are but changelings of Rebels, wee have no [Page 107] such customes, nor can it appear, our Soveraign claimes by so low a title: the opinions which divide the person and the King or Crown, and fancies, that he ticks with the people for his royalty, were never thought on, sayes the knowing Chancellour Pos [...]t. 99., but by traytours, as in Spencers bill, or by treacherous Papists, or seditious Secta­ries and Puritanes. Let us look upon our Laws, and no higher: For our li­berties wee owe much to Magna Charta, (where the King took his Charter of Soveraignty we know not) and all the way through this Charter, the King is the granter, he bestowes what is received there, To be held of us and our heirs for ever Mag. Ch. c. 1.; which implyes, sayes the Commenta­ry, that all liberties were at the first de­rived from the Crown 2 Inst. 4. 5.. Sometimes the King grants certain graces and pardons to his Commons 50 E. 3. c. 5. 33 E. 1. c. 2. 1 R. 2. c. 11.: Some sta­tutes out of special grace Q [...]o War. Artic. sup. chart. 28 E. 1. The Kings tenu [...]e sup. 29.. So we find the people in debt and the King, as it is regium potius dare, more Kingly to give, doing acts of bounty and grace, He (as the Lord Cook) is a tenant who holds of some superiour, in this sense the King cannot be said a tenant, for [Page 108] he hath no superiour but God Almigh­ty, Praedium Domini regis est dire­ctum Dominium, cujus nullus est au­thor nisi Deus, the possession or in­heritance of the King, is a proper, a direct Demain, which hee takes im­mediately and onely from God Inst. 1. [...].. For we here have no land, which hold­eth not of some superiour, the Crown land onely excepted: so Doct. Cow­el Verb. Demaine 1 Tit. Demaine., and the Termes of the Law ⁱ. Other Nations agree in this definiti­on of their crown lands, they are con­secrated, united, and incorporated to the Kings Crown, as the French Ch [...]n. de dom. Fr [...]. [...]t. 2.. All else depend either mediately or immediately of the Crown Cow. Terms of law ubi sup.. These possessions of our King too, are cal­led, Sacra patrimonia, and Domini­ca coronae regis Inst. ubi. sup. [...]n. S [...]. gloss. verb. Heraldus Mare Claus. Praesatic.. The sacred Patri­monie, and the demain of the Kings Crown: and as Master Selden, Quic­quid in regalibus est, ita est princi­pibus privatum, ut subditis quod su­um est, Whatsoever belongs to the Kings Crown, is among his Royalties, the Prince has as much propriety in it, as the subject has in any thing that is his ^•.Mare Claus. 117 [Page 109] This demain then, being held of none, can escheate to none, and being sacred, it cannot become profane, it is permanent and ina­lienable, and the King is bound to annul and revoke all such alie­nations Cow. Inst. jur. Aug. l. 2. tit. 8. v, sup. [...]7.; and being his owne in private and propriety, what has Master Cromwel to do, or the peo­ple, to cut them from him? As to a dissolution of the Royalty, the Commonlaw will not permit it, it is never imagined, never supposed there. The Law wouldV. [...]. 90. have him last like the Sunne and Moon, and as that Maxime, That is to bee taken for void, and not done at all, which is done against the Common Law R. 3 [...]4.. And since no such Act of deposition (which yet in all the presidents, was covered in the term of resigna­tion, and the people told, that too, moved from the King,) or dissolution, can bee solemn but in a Parliamentary way, where the King must consent too: (For without the King, there can bee neither Parliament, [Page 110] nor Act which can binde Sup. 32.:) yet wee may reduce all to that we have before had recourse to: it is against law and custome of Parliaments, to consent toSup. 35. 36. 37. any such deprivation of Royalty there, the whole proceedings being condem­nedSup. 53. in all Ages. For treason, treason being Diminuta, or laesa Majestas 3 Inst. 2., diminution or violation of Majesty, and there is both diminution and vio­lation, in plucking up root and branch. It is manifest, that all such deprivati­on is treason, by that statute of Ed­ward the third, which sayes, None shall bee impeached, which took part with the King against his Father [...] [...]. [...]. 2., and that other of the next usurper, Henry the fourth, which enacts, That none shall bee impeached, that did assist Henry the fourth, or helped to pursue King Richard the second or his adhe­rents: That (to mark the haste of the guilty actors) of Edward the third, was the first statute of that reign, that of Henry the fourth, the second. It may be considered too, that the rega­lity cannot be demolished, without a great change and confusion in all the other parts: it being senselesse to think, that licentious wickednesse can [Page 111] limit it self, and stop in any mean; In­dependency being a thunder which rends the clouds themselves which conceived it, is not like to take any ground for holy. The Magna Char­ta (which as the words is to be held of the King Sup. 8 [...].) whose excellent tem­per, like a noble Cement, laid, as it were the foundation of the Laws, and politick constitutions of this king­dom; being by some books 1 Inst. 81. 2 Inst. 87. 3 Inst. 111. reputed so sacred, that no new law can infring it, is torn by the same lawless Anarchy, is sunk upon the hearse of its cause and stator; as if it were fatal, that the Kings most high and precious Stamf. pref. to the pregog. Prero­gative, and the Peoples just rights [...]. Cn. 3. Car. 1. should expire for the time, and as far as cruel Tyranny can operate together.

The Majesty Royal then being yet alive, and not cleaving to the block of death, cannot wander like Adrians soul, or hover in an airy abstraction, but rest somewhere, and in the night of Athaliahs persecutions, let her rend her clothes and cry treason, trea­son, against Rebellion and Usurpation, yet will Jehoiada, God and his right shew the Kings sonne, and the noise of the people will be heard running [Page 112] and praising the King, and saying,Chron. 23. God save the King. But wee cannot passe from the scaffold of the Royal Martyr, to the interests of his Heir, but through a stream of pretious blood, and lest the Law should bee thought as guilty men, (though it cannot be done without the just dis­grace of three Nations,) I will shew what care the Law takes of the life of her Soveraign, in all places, as the oath of Allegiance, Shall every sub­ject defend him to the letting out the last drop of his dearest heart blood *. R. 7. 7. To this purpose, the life and members of the subject are in his power Inst. 127., he can­not be denied the service of his subject R. 7. 14.. This care appeares in that meer con­sultation against his person is adjudg­ed treason, in the tryal the disco­very is to be made by circumstan­ces, with all endeavour evermore for the safety of the King 5 Inst. 6. E. of [...] case.: imaginati­on alone is treason Br. treas. 9. [...]5 E. 3., if it bee utte­red by words Stam [...]. [...] 2. [...], in the Kings case (as the Lord Cook) meer cogitation is prohibited. 2 Inst. 228. The Law intends in every Rebellion as consequent the death and deprivation of the King 3 Inst. 6.: [Page 113] such is the vigilancy of the Law for the Kings sake, to repell all vi­olence, never so secret, never so dark. Nay, the Law is the Kings Nurse, and with untired diligence expresses, at what rate shee prizes the Sacred Head of this Father of the Coun­trey. An ancient Record wils, that no Physick bee given to the King, without good warrant, to bee made by the advice of the Kings Councel; no Physick may be administred, but such as is set down in writing; the Physicians may use the advice of Chi­rurgians named in the Warrant, but not any Apothecary, but must pre­pare and do all things themselves 4 Inst 251. rot. parl. 31 [...] 6. [...]. [...]7., and the reason of this is, sayes the Chief Justice, The precious regard had of the King, which is the head of the Common-wealth 4 Inst ib.: And in ano­ther place, The King is the head and health of the Common-wealth, and from the head, health is trans­mitted over all the body R. 4 124.: and again, Our Soveraign Lord the King, is the light and life of the Common-wealth [...] Inst. 1 [...]..

Let me but note some complexions [Page 114] ere I proceed, who will endure the King, though hee is never the better for it, nor never shall be, like Monsieur Soubize, who summoned to surren­der S. Jehan de Angely to his Prince, the French King, answered, he was much the Kings servant, but the exe­cution of his commands was not in his power. Enough of these there are, and not a few Heretiques of Royalty, or Infidels rather, something too wise and overcareful for the Weal [...] ­publick, will partly from proof, and a little out of reason, yeeld to some of these truths, some of these conclusi­ons. But in the midst of these good thoughts, the Evil Councellours or a Monopoly of Pins, (yet more tolerablePlate, twentieth part, free quarter, taxes, horses, Ire­land, Excise, Scots, &c. then the Chappels & Oblations of this Moloch, whose hands are ever spread to receive, and like the lean Grave, will never say enough,) are remem­bred, and spoil all. These men would do well to prescribe Cordials to faint Nature, to cure, a Drought, a Plague, a Famine, if possible, were there a Mercury with news from Heaven too, which I wonder is not discovered yet: and were they sure the sheep were innocent sheep: yet shall no [Page 115] Wart be allowed in a fair face, allow them their providence, appoint a co­ercive unrestrained power over the Court actions, suppose this coercive move irregularly, (for this must bee uncontrolled,) or will they go on infinitely and eternally, the same doubts and inconveniencies will go with them: let them make the Mathematicians impossible engine of the government, adde for the easinesse and perfection of motion, some glori­ous first guiding wheel, which shall turn about and direct a million of lesse, yet that may prove faulty, and after all the subtilty, the curious follies, the security and certainty is never the more, onely the remedy may become more difficult. We must trust some­thing, not practise that Atheisme to over-reach Gods providence, and this is probable, that however a Monarch may erre, mistake, oversee, and runne wildely and wrong, yet such devia­tion is sooner stopped, sooner tyred, and easilier helped or indured, then that of many. Death at last may ex­changeJou hist. 152. D [...]. W. Rawl. hist. liv. l. 1. Fremere deinde plebs multiplica­tam servitutem centum pro ano dominos factos. a bad Prince, which in any o­ther government cannot advantage at all.

I will not, (entring the discourse of the Royal discent) look back into the Histories of our Princes, which were they brought in to do their part, the English Monarch might bee shown discended, lineally and lawfully, (the first Henry having mixed his Wives Saxon blood, with the adoption C [...]md. B [...]ren. R [...]nd. Higd. Poli­chron. l. 6. c. 29. of the Confessor Edward, the Kinsman of the first William, and with the good fortune of that Wil­liam,) from the first great Monarchs, and Kings of both kingdoms; and that by so long and so continued a Line of just discent, that, as Lord Chancelour Egerton, therein he ex­ceeds all the Kings which the Christi­an world now knowes posm. 58.. I am on­ly to manifest how the successor de­rivesDiscent of the Royalty. his splendour, what alteration and change the setting of one of these Sons makes. For being miserably faln into the rule of our new Ma­sters, whose mouthes (like Wat Ty­ler, [...]om this day sayes Tyler, all law shall fall Wat Tyler, mouth in London) utter all Law, nay, give life and death, this disquisition will be as necessary as any. If then there can bee any validity allowed, to those things before proved, that [Page 117] there can be any immortality of the Prerogative, & that they whose use of Victory; is the everlasting accumula­tion of injuries, may bee bounded somewhere, and not bee permittedDn. Th. [...]m. resp. Ang. 123. Gens Anglicana regia semper a [...]thoritat [...] usa est. to ruine even essences themselves, and truths as ancient as the first week, then spight of the new com­mandement, which sounds like him in Plautus

and bids level Kings to make the way smooth, yet for perpetuity (as one) the K. has a similitude of God, he never dieth Finch 8 [...].. The King (or rather the Kings line) is a name of continuance, which as the Law presumes (so three Judg­es) shall alwayes remain, as the head and governour of the people Com. 177. 234. 4 Inst. 136. 201. 4 Rep. praes. p. 2.. Rex non moritur, the King dies not, the King in that name never dies Com. 177.. It is in law called, the demise of the King, because he doth by it demise the Kingdom to another, he is taken as not subject to death, but is a corpo­ration in himself that liveth for e­ver Cowel. verb. king. Crom [...]t. ju [...]., and in Law it is not the death of the King, The dignity shall [Page 118] continue for ever Com. ubi sup., a young Phenix of spice and perfumes, ever rising out of the others ashes, Our Soveraign Lord may be referred to the heir or successor of the King Com. ubi sup., all interregna being a­mongst us unknown R. 7. 11.: the heir or successor takes by discent Inst 15. com. ubi sup.: The King (as the Judges of al the Courts) holdeth the kingdom of England by birthright inherent, by discent, from the Blood Royal, whereupon succession doth at­tend. The word heirs is first named, and successours is attendant upon heirs: the title is by discent: by Queen Eliza­beths death the Crown descended to his Majesty (meaning King James Rep. 7. 10. 14. 1 El. c. 3..) Our Realm (as our Law) is a Monarchy, successive by inherent birthright, of all others the most absolute perfect form of government, excluding an interreg­num, and with it infinite inconvenien­cies. R. 4. praef. p. 2. The eldest is to be preferred Inst. 15.. It was resolved 1. Eliz. That the heir or successor may date and begin his reign, from the day on which his Predecessor died Dy. 165.. Nay, the same moment that the predecessour deceases, the rights of Majesty descendSi [...]ur B [...] [...]. [...]e rege Galli [...]. and fall upon the successour: One book accounts the day of the death in [Page 119] the reigne of the dead Prince, and would have the heir tarry till the day after 4 H. 6. 7., which were unreasonable, and against the experience of Fulthorp that spoke it: for the King reigning then not four years before, began his reign upon the last of August, the very day of his Fathers death Speed. 66 [...].: it is made one of the reasons of that Metaphysi­cal body, the body Politique, that the▪ may not bee an interregnum R. 7. 12.. For were there an interregnum, there would be a time, like the present with us, in which the statutes and Com­mon law should neither be of force or use, and to owe still lesse to the people, or an Army. The heir or successour,Coronation. when the right of the Crowne de­scends, is fully and absolutely King without coronation 3 Inst. 7. [...]. 7. 10., without any cere­mony or act to be done Ex post facto R. 7. ubi sup.: he is accomplished from himself, God and his right are enough; hee takes nothing from any act subsequent: the contrary is part of the Spencers trea­son, E [...]il. Hug. [...]e Spens. the contrary is part of Watson and Clarks treason, Seminary popish Priests, who believed nothing trea­son against King James before his Co­ronation Hil. 1. Jac.: (both of Hugh Peters his [Page 120] faith as far as Kings or the English Church are concerned,) L. Cook in one book, Coronation is but a Royal or­nament, or solemnization of the Roy­al discent, no part of the title R. 7. 10., in another, If the Crown descend to the right heir, hee is King before Coro­nation, which is but an ornament or solemnity of honour [...] Inst. ubi sup.. Hee goes on, For by the Law, there is alwayes a King, in whose name the Lawes are to be maintained and executed, other­wise justice should fail [...] Inst. ubi sup. F [...] 83.. And as a Lord Chancellour, The Soveraign­ty is in the Person of the King, the Crown is but an ensigne of Soveraign­ty, The investure (if that may bee called so by him which gives no­thing) and Coronation are but Cere­monies of honour, and Majesty, the King is an absolute and perfect King before hee bee Crowned, and without those Ceremonies L. Chanc. Eger. [...]on. Postnat. 73.. So then Coronation is meerly declaratory, typical, and significant of the change and discent, and the Kings of naked Affrick or A­merica, (to whose commands na­ture has submitted the rudest Sava­ges) who never heard of a coronation, or understood the sense, are as much [Page 121] Kings, as the Emperour with his three crowns, for what are they to the necessary causes of Soveraignty, to justice and protection, to the duties of the prince, the defence and safety of a people; and if coronation be no more considerable, Then, Proclamation, (which yet cannot be made, with­out authority from the King but by priviledge or custome) llb. exe [...]. 250. Br. Proclam. 10. is nothing at all, as when a new Statute is or­dered to be proclaimed Artic. sup. chart. c 17. 18. E. 1. (though ig­norance of the law excuses no man, and the proclamation might have have been spared) the Statute took its force from the Parliament, the head and body there, and the proclamation dos but make it known, and publish it to the common people, and addes no­thing to the law; and that coronation dos but denote possession, is manifest by history and fact. All acts of State, of what grandeur soever, have been as usually commanded and obeyed be­fore coronation as after. I will not cite King Edgar not crowned in 7 or 12 Ranul [...]h. Ces [...]. in an. 960. not till his twelfth year. years; nor Hen. the 6 not crownedn Gra [...]t. 157. till the eighth yeer of his reign, yet treason and tryals of traitors are met with before his coronation in the [Page 122] 1. 2. 3. 4. 6. years of his reign he holds Parliaments, which stile him our Lord the King, and our Soveraign Lord 2 H. 6. c. 2. 1 H. 6. c. 3.; and the people his subjects 6 H. 6. c. 1. one or two statutes say (with such) it shall be done as of Rebels to our Lord the King 4 H. 6 c. 3. 1 H. 6. c. 3. 2 H. 6. c. 8.. Nearer our times, Q Mary left this life Novemb. the 17. 1558. Queen Elizabeth makes choice of her Privy Councel, Consults and resolves to restore Religion (the same which our Seditions have destroyed) gives commands concerning the Ports, puts a new Lieutenant into the Tower, sends a Commission to the Earle of Sussex Deputy of Ireland, gives new Patents to Judges, with a prohibition not to confer offices, dispatches Am­bassadours to declare her succession by right of inheritance, and to the treaty of Cambrey, Is woed, and refuses, the King of Spain, forbids disputes about Religion, and suppresses the green overbusie Anarchy of the Lake, ap­points Correctors of the Liturgy, re­stores the Marquesse of Northampton, and the Earl of Hartford to honours, creates one Vicount and two Barons, yet her inauguration (as the Authour) was not till 1559. Camd. Eliz. 2. 3. 4. and no man ever [Page 123] questioned the legalitie of these acts, nor had they been lesse binding had Ket broke from the chains of darknesse, in the head of his gnooffes of Dus­sindale and disclaimed them So called by themselves Nevel­li Ketus 88.. The consideration of our allegiance and how that growes due will make this plainer. Ligeance or faith of the Subject is due unto the King by the Law of nature: Gloss. Domini Spilman verb. fidelites. It is due to our natural Liege Soveraign, descended of the blood royal of the Kings of this Realm (as the councel of Judges) Calv. case 12. 24 25. 5. 6. 14. it bindes the soul and Conscience Postnati 101., it is immutable, its continuance is per­petual, and extent unbounded Calv. c. ubi sup. 10., the corporal oath is but a declaration, it obliges without an oath, being writ in the heart of every man, and in­graven by the finger of the Law 2 Inst. 121.. It is not due to the body politick, that is an invisible nothing, and can nei­ther give nor take homage Postn [...]t 105 1 10. 31. Com. 213. Calv. ubi sup.. It is due then to the person 17 11., and so crowned or not crowned is nothing, where this right, this birth right 1. Jar. 1. r. 7. 14. is setled: who is the 2 Chron. 23. Kings son, The King our natu­ral Liege Soveraign, decsended of the blood royal of the kings of this realm, is as visible as the day or light, and be [Page 124] he in Holland, or farther off this li­geance should reach him, this im­mutable, this absolute R. 7. 7. 14. ligeance, in all places whatsoer should seek him out R. 7. ubi supra.. For the faith of the Subject, this ligeance, is not of the place, not circumscribed, It obliges in all ubies. And the liegeman ought in duty of this faith, to perform to his Liege, the offices of a Subject, wheresoever he shall need his assistance: we must aid him in his time of need, as the Lord Cook [...] Inst. 541.. Serve the King and our Coun­trey as need shall require, in another place a Inst. 149., the liege is bound to his Prince against all men, Qui mori possunt, aut vivere, and ought not in the least to assist the side against him, Cus [...]om vel Nor. c. 43. he must be with him, and for him against all men. Ligeance too ties indefinitely, * Nobringen. his l 2. c 37. from this day forward, (so the oath) R. 7. ubi supra Tis not an allegiance of our own pro­speritie, to last on condition we scape a prison, or a sequestrator, nor of theHomage not to the fortune Court and flattery, [...]o expire with the Princes good fortune, it should be hisCowardly wa­ [...]inesse treason cloak in all weathers, in all storms: This faith should be religiously pre­served, no calamity nor sin of the Prince should loose it, tis not successe [Page 125] nor happinesse of a side, should sway us, no mans own interests should be more to him then his piety; nor should the present misery be terrible, when there is too so much honour in the very conscience of the action. It was Caesars bloody robe could raise Armies, and fright the Parricides out of Italy: but we, the broken pieces of a stupid people, grow tame and pati­ent slaves; and reputation the most sacred charm, which should quicken the very grave, heat the benummed Highland [...]r, and frozen Muscovite, cannot thaw us: there is no bravery but of the health, and a little chamber­fiercenesse is cried up for mighty dare­ing; yet dishonour can bring no safety with it, and if we must fall, it wer [...] handsomely done to meet the blow. [...]alus in Tac [...] 239, De [...]sse nobi [...] terra in qua viva­mus, in qua mo­r [...] non po [...]. And were the King now but Prince of Wales, his father still alive, and in Hen­ry the thirds prison, we are told by an Act, There were not a few disherited, because they did not assist the Kings son. They that stirred up the people by lyes (as there to side with Montfort & forsake the King and the Kings son, were grievously fined, others are thus sentenced, who (as the text) [Page 126] had freely armed their vassals, against the King and his son Statutum vel dictum de Kenel­worth.. Amongst the Civilians, the Kings son may be cal­led a King, as the Lord Cook, The Prince shines with the beams of his fa­ther, and is taken for one person or the same with his father [...]. 8. 28 stat. 38 H. 6.. This I thought fit to adde, for their witty sakes, who can finde a Prince of Wales without a King, and think themselves highly honest, if they stile their Soveraign softly the Prince, resolved not to go further, till Lilly mends his prophe­sies, that they may know, were he no more then they will speak him, yet more is due to him from them then a Name: but to look upon him as he is a King, and upon his straits, his con­dition is not deplorate, forlorn: Kings oppressed by a rebellion all Annals are full of; and he that will not own his So­veraign amidst his afflictions, consents with the Conspirators, and keeps out the King and the kingdoms peace, though he sits still: And if the King cannot bee denied the service of the subject, he cannot be denied it, when the world and the fortune of his fa­thers have forsaken him, and he is left alone, doubts and delayes are now cri­minal [Page 127] and highly guilty, since Moses was obeyed in the wildernesse of Scor­pions; David at Bahurim, where Shi­mei threw stones and curst him: and Saul, though those of Belial despised him, and brought him no presents, and had been, had they driven him out, and taken all from him, (as Justice Fen­ner) there may be a King of subjects without land in possession Arg. in Ca [...]. case.. And that knowing Chief Justice told a Parlia­ment, that if a King and his subjects be driven out of the kingdom by his ene­mies, he continues still King, and they are still bound by their allegiance ^h. NorSir J. Popha [...] [...]ited pe [...]o. 104. can any subjects revolt from their o­bedience, and by a covenant or an a­greement of the people, or New Mo­del, put themselves under any other government; for, were this lawfull,Sup. 96. then were neither the Prince sacred, nor Laws firm, nor Cities or Societies of continuance, nor were ligeance na­tural, perpetual, and immutable, which are demonstrated before: No sub­ject within the Kings lawes is divided from his Head and Supreme Lord, a [...] Lord Cook R. 3. 28.. The statute of Queen E­lizabeth, intituled, An Act for retain­ing the Queens subjects in their due obe­dience, [Page 126] [...] [Page 127] [...] [Page 128] 23 El. c. 1., enacts thus, That all persons whatsoever, who have or shall pretend to have power, or shall practise to ab­solve, or perswade, or withdraw, any the Queens subjects, from their natu­ral obedience to her Majesty, or move any of them to promise any obedience to any pretended authority, of the Sea of Rome, or any other Prince, State, or Potentate, shall have judgement, &c. as in case of high treason: So of the absolved, the counsellours or procu­rers, in the maintainers and conceal­ers it is misprision of treason 23 El. ubi sup.. Doctor Story, a Papist in this Queens reign, being indicted of treason, de­nies the Judges power, and tells them, hee was become the sworn subject of the Spanish King: he is condemned, for as those Judges, no man can exuere patriam, or abjureThe Puritan never imitates the Pa­pists [...]reasons, but [...]e exceeds them. the Prince at his own pleasure Camd. El. 213. Annal. Waverlier. Edgarus veniens a Scotia rex [...]um inlagavit & homi­nes suo [...] in an. 1074. i. e. eject [...]m restituit. L [...]. Can [...]ti p. 2. c. 1 [...]., by the 25 of Edward the third, the at­tainted in a premunire, is put out of the Kings protection: yet say the Judges of England, this extends but to legal protection, For the Parli­ament (as there) cannot take away that protection, which the law of na­ture giveth: so that notwithstanding [Page 129] this statute, the King may protect and pardon the offendor Rep. 7. [...]. By the rule of contraries then, as little can a Parliament take away that subje­ction, and allegiance which is due by the same law of nature, in cor­relatives there being a reciprocall propriety, which tyes and unites both parts alike. It is thought good, right, and cause enough to dis-inhe­rit the King since they have driven him out and possessed his power; as Antigonus the usurper of Hyrc [...] ­nus, cuts off his ears, that by that maim, which yet was the Usurpers act, he might make him for ever uncapable of the Priesthood, yet no man should take advantage of his own wrong Inst. 14 [...].. Force and fraud can­not reduce an old right or remit the party Inst. 357.; much lesse can an in­jurious intrusion gain a just possession, when titles and interests rise onely from a disseisors vio­lence: Such acts cannot prevaile up­on private owners, then no rea­son they should barre the King, who cannot bee put out of possession of things permanent ^s [Page 130] his possessions cannot be taken from him, by any violence or wrongful dissei­sin Stamf. praerog. 5; and (as Chief Justice Hubard,) Where the Kings title is just and true, and by the officers to have been promo­ted, and found in just time, no reason the negligence of officers should defeat him, vigilantib. & non dormientibus jura subveniunt, the Lawes help not the sleepers, is a rule for the subject. Nullum tempus occurrit regi, No time can prevent the King, is the Kings rule. * Tis true let all ages past be searched,u Hub. 4 [...]7. Flnc [...] [...]2. let all posterity to come, be read on a fresh Ariostos screen; below our Sa­viours Crosse we shall meet nothing like his fathers passion, (a Prince, who may be easilier admired then praised:) but if we enquire into the distresses of our own Monarchs, wee shall finde some, over whose heads those bitter waters have passed, as low as his sa­cred Majesty now stands, yet the sa­cred character and holy ointment not washed off; and to look back a little upon the lives of his predecessours: (For as in things humane, Ages and Men dye, but the same causes, effects, and events, revive and are met again. So some parallels may bee made, by [Page 131] which it may be shown, That this is not the onely dangerous Turmoil, and Rebellion, though the worst: was King John lesse King, when his abo­minable Barons (hateful even to the Monks) called in the French, and leftMat. Par. [...] [...]ct. him nothing faithful, but Hubert de Burgo and Dover? There William de Albeney suffers him not to be shot at,Mat. Par. [...]0. hist. mai. (though a Rebel) because he was sa­cred (sayes he) and the Lords anoin­ted. Was not Edward the 4^th King de jure (as they call it) of Right, at the Hague, fled from the make-kings rag­ged-staff? Does air and soil which can­not change the minde, change things and rights: look on the unhappy sons of our second Richard (whose reign was but a rebellion of two and twenty years) you shall finde Wat Tyler and Jack Straw with their Communalty, to the number of 100000, that beast the Common people, being come out with all its heads, (but not one of all those capable of reason) and as the De­vil is every where Gods Ape, wee reade of a Clergy Boutefeau, Baal aChurchmen the favourers of all rebellions, E. of North. at Garnet [...] tryal. Baal was an [...] communicated Priest. Priest baits them with pleasing texts, at one Sermon of this Prophets, meet 20000 men, far more numerous then [Page 132] army and the representative tryers. Tantum religio potuit suadere malorum

To note the agreement, the Lord They [...]ook up a [...]ight by the way, but they did but stalk with him, we hear no note of him. Chancellour, the Archbishop of Can­terbury, must appear at their rude au­dite, and give account, they behead him, the Lord St. Johns, Sir Robert Hales, and many others: They burn the Chancery Records, Lawyers, and Courtiers houses, open London (a place which has ever attested, all titles religions and rebellions, which emi­nent power has backed against their Prince) enter the Tower, where the King was in manifest perill, against Whose life they had damnably conspi­red [...]: they receive banners of liberty, awe the King, take away his sword: and had not some loyal hands amongst the Kings followers, cut off this Idol of Clowns (as hee is called) perhaps there had neither been government nor lawes left, for the successours of this Idol and his Priest to deface: yet in the thickest of this cloud, who ever asked for the King, or thought that interposition more then a ma­lignant eclipse, if the represented could transfer Empire, there they [Page 133] were, if Baal with his lights could spie Richards spirit departed from him, he was there; if levelling were needed, they had it: when Adam del­ved, &c. was their word, and the le­vellers were there, but their leader having by his punishment taught o­thers to reverence those powers w^ch he had violated, the flame of this Aetna did rise no higher. Since, one Ask a fellow of no repute, boasting himself to be some body, rebels in York­shire,Temp. H. 8. The holy pilgrimage. The name of the Lord wr [...]t in the [...] sl [...]eve [...]. [...]. he takes Hull, pretends he will purifie the Nobility, and expel evil Councellours: two of which, of low birth and small reputation, his compa­ny tell the King they dislike, and they name the Lord Crumwel and Sir Rich­ard Rich: they spread lyes, and strange claimes supposed to be made by the King: they give an oath (but reserve no doubt the interpre­tation of it to themselves;) they paint the five wounds of our Savi­our in their Banner, Priests with crosses leade the way, nor forget they to be very earnest for a Parliament: the K. replies, He questions whether those things they call liberties be lawfull and beneficial to the Common-wealth [Page 134] so he takes it ill that these bruits, so he terms▪ them (yet were there near twenty Lords & Knights with them) should appoint him his Councel, more he adds then appertains to any subject, he tels them he reputes their insurre­ction to rise, from a lightnesse given in a manner by a naughty nature to a Communalty. But in this was the ho­ly Martyr more unfortunate then the whole Chronicles, all heresies arming together against him; the Irish as a­gainst a King disaffected to that faith, the Scots as not enough of theirs, the English from the example of their wickednesse, but nothing but an excel­lent goodnesse, and the very vertue of the mean, could have been set upon by so opposite extreams, accusing and proving so the justnesse of his temper. Our Monarchy fortunately scaped the Harpies, and Vipers of those reigns, and may do others▪ These talk of liber­ty, we are sure, never was power more arbitrary. Andreas Doria freed his countrey from the real thraldom of the French, and like a man of honour, bestowed his countries liberty upon his countrey. If the Common-wealth, & the liberty so much in their mouthes [Page 135] began the quarrel, they are able nowNon est liberta [...] [...]r [...]ioyulla qu [...]m sub rege pi [...]. to let the whole Nation share in the rich purchase, let them offer their com­mon mother, their Countrey, this li­berty they talk of, which we shall ne­ver finde: They will over-doe great Dor [...], he saved but a small Common­wealth, and they may obliege a popu­lous kingdom, for the greatest benefit mankinde can receive. Let them then disarm themselves, turn Christians, (peace and charity being the badge of those souldiers) and from our fierceLibertatem alio­rum vert [...]sse in suam servitutem. We may say n [...] ­stram. Lords become our fellow Citizens, (else it may be there was no liberty pursued but theirs, which being born upon the wings of their victory above all laws, must be tyranny, and there can be nothing but Turkish slavery left for all the world beside,) this cannot then be expected, from such as have expelled a [...]ust and honest power. Di­ [...]clesian at Salonae, after his cruel per­secutions shall be no more seen, they will rather [...]y striking off the Poppy heads, by massacres, tortures, and spoil, establish their usu [...]pation, mix Heaven and Earth, as whirlwindes, move Hell it self to re-inforce their ill­got greatnesse. 'Tis an observation [Page 136] made by the truest Historian of theC [...]m. l. 1. [...]7. World, in the war (so he) called the weale publick, at the treaty of peace, every man makes his demands, and some overtures were made for the common good, (for that they made the title of the Rebellion) yet, as he, that was the least intended, the least part of the question; and by late expe­rience we finde, that amongst such re­formers particular advancement, and fortifying themselves against the So­veraigns authority, is the designe; yet it was ever thought, there could be no more capital injustice, then that of those, who when they mean to de­ceive most, yet study to seem most honest; that seeming, being all they are, and what they care for. For ac­cording to Machiavels rule in these politicks, Vertue it self is not much to be cared for; a shew turned outward is enough, the credit and opinion of Ver­tue may help a man, but Vertue indeed would but hinder: this appears how, in that of Pompey, who sometimes (ambitious of the Romane dominion) would chide his fortune to himself, thus, Sylla could, and I cannot, not considering the difference (as a learned [Page 137] Author) betwixt Sylla and himself, Sylla being cruel, bloody, and vic­lent; one that would prosecute what he bega [...], and make his way plain and easie, and go on, against whatsoever could be encountred: whereas Pom­pey 70000 he killed at the gates 4000 unarmed, innome­rable in the [...]y, he was adv [...]sed to leave some over whom he [...]ight command, after which he set up his rables of pro­scription. on the contrary, was grave, mind­ful of the lawes, framing all his acti­ons to reputation and Majesty: by which temper he was much lesse able to perfect his desires: to these two not unfitly might the late Earl of Es­sex and Mr. Cromwel be resembled, for, saving that Sylla was nobly born, and so unlike, yet Syllas foundation was as weak: his freed man and he, renting their dwelling together, the Master paying thirty Crowns for the lower rooms, the Man twenty for the upper. So that returning rich from the war of Africk, a person of ho­nourP [...] [...] told him, it was impossible hee should be honest; but these digressi­ons are unlawful, and I am too guilty. To return to my politick reformer, or the peoples good and just man, and his arts, Sub nomine honesti conjurationes Salus. adversus remp. ever, w^th what moun­tains of goodnesse and reformation, are all rebellions swelled, they breathe [Page 138] nothing but the Common-wealth, O that I were made a Judge in the land! complaints of oppressures, detestation of cruelty and injuries, pious and well intended cures. For every sicknesse of the fainting State, Religion and Laws, are reverend and sacred notions, and the glory of a weak, misled, seduced Prince, are the sole Whites at which these righteous Marks-men aim: and to behold with what sober gravity, and serious hypocrisie, the Empiricks themselves play their parts of the mis­chiefs, were enough to cheat an ho­nest blinde man into the train, and to bring the not over-wise into an opini­on, that they are not things made up of flesh and below, not mortal, lying, overreaching man, but bright Tutelars or guardians, dropped out of S. Pauls third heavens; the guilt of the out­side, and titles, being so specious, that Antichrist himself, or a new King John of Leyden, shall not draw the rout af­ter them with more art, as if such counterfeit of devotion, close shews of religion, and smoothnesse of words were certain sanctity, Inter sacella & aras regna acturos rati animos sustol­lunt. Monfort our English Catiline 2 I [...]st. 226., [Page 139] dying an implacable Rebel, is by Ri­shanger a Monk, carryed up to Hea­ven for a Martyr; they thought mira­cles hung about his tomb, which durst not (as he) walk abroad for the fear998 pag. men had of the Kings. Before these years profane Rebels have stiled their seditious bands Gods hosts ^y. Once aTe [...]p. H 3. pilgrimage of grace, but like wise Snakes, unlesse the Sun shine and their arms prosper, they are never seen but in their knots and folds. Tis so in all late rebellions, there is nothing but ho­linesse & mystery in the forehead; nay, all insurrections since the blessed light have begun in tune: Muncer the A­uabaptist thought a psalm well sung, alone defensive, against the army of the Princes, tis the French a la mode, the Hugonots use it, Condes camp rungJaq. de Thou. 298. St [...]ad. 121. with psalms; the Grusians or Low­countrey brethren, ever began a Sa­criledge or mutiny with an hymne; this was the [...]ound for a charge, it made them mad. Thus, the Bohemians per­fidiouslyJul. Bell. bell. germ. 37. revolting from the Empe­rour, some of the godly Weavers sung the good company up: thus the well­affected fought the combat of Brance­ford (with far more devotion then [Page 140] the Norman used, who at battel fight mixed a song (or Ball [...]d as we say) of Rowland, with a prayer, and so fell on: they think there are exorcismes for Princes, as there were by all means for Sarahs amorous spirit, and that a for ever and for aye, is as terrible as the first verse of Saint John, which they of the other side think, scares the Devil himself. It was ever too (to note a little how they deceive by that name,) a fashion of the Spartanes to make the liberty of others the pre­tence of their wars. This was the Swedes policy, all these pretenders are discovered by time and the conclusi­on, to be lyars and abusers. In a well ordered Common-wealth (sayes aThu [...]n. 62. to 2. grave Historian) the Magistrate must beware of such pretending subjects, be the cause never so just. Nay, though rarely their meaning may have some mixture of good in it at first, let them thrive that sinks lowest: John Typo­tius had lived familiarly with Charles Thu [...]n. 1109. of Suderman, who got a kingdom by this play: he protests Charles was once free from any desire of invading another mans right: but being carried [Page 141] away with too much heat of religion, and proving successeful, this ambition sayes he, which before was neither hot nor cold, boiled over: an Arch­bishop of York tels the Rebels of his countrey, Pilgrimages might be good, but these armed pilgrimages could ne­ver be lawful. Oliver, a wise FrenchId. 744. rom. [...]. Chancellour favoured the Religion, but allowed not arming to set it up, it being observed of our Saviour, that he spread his faith by perswasion and miracles, but Mahomet and all Impo­stors by the sword. And were there not a prohibition in Law [...]. 11. 74. and Scrip­ture too, you shall not do evil that good may follow: nay, were the end of the pretences honest, were it wisdom and zeal, and not singularity of factious men, were it love and piety to the Nation, and not a furious willingnesse to discharge their prodigalities, home­losses and passions upon the govern­ment which sets them on? Yet if the breach of all lawes, the sacriledge, the uncharitablenesse, the bloodshed, the perjuries, the blasphemies, the rapines, the lies, the atheism of the instruments, the sins of murthering preachers, (who in all [Page 142] the wares of Christendom are the fire and the powder,) let this train of Re­bellion and pious treason which is cer­tainlyRemo unq [...]am imp [...]rium st [...]gitii [...] [...]cum, boni [...] a [...]ti [...]u [...] exerc [...]it. subsequent, be considered, let them be weighed justly, and the ac­quisition of this, or such another vi­ctory will appear but small: we may say as Pyrhus did after the overthrow of the Romanes, such another victory would ruin us: yet I think we need not a second part, Knox the Scotch Je­h [...] (no [...] to bee remembred without horror) reformed so like Bajazet or Gilderun, the raging Turk, so like▪ consuming fire, melting Bels, defacing Churches and Monuments; the Goths Jonston [...]. and Vandals, (as their Countreyman) could not have spoiled worse; and are our Reformers a step behinde him? No, our condition is the most wretch­ed of any Nation under the Sun, being (like the Barbarians in Livie) gover­ned [...]. 37. by lawlesse conceits of our Ma­sters, without any law written. Nay, the basest Trooper, is not onely Prince of what is without us, but of our consciences too, which was a pointMaximil. 2. dict. Gravissimum s [...]elus esse consci­en [...] velle aom [...] ­nari, id v [...]ro esse coel [...] arc [...]s inva▪ de [...]. (say this House of Commons in the heap of accumulative treason, (words as ugly and monstrous as treason can [Page 143] be) of the most tyrannical and arbitr [...] ­ry government, ever heard of, not on­ly to Lord it over the fortunes, but al­so over the souls of men A [...]ic. 19. E. o [...] Straff. charge., yet the world is impudently told, there was never any tyranny like that of our Kings; who had they but spoke a syl­lable of what these have done, how had our Pulpits declaimed, what Sa­tyrs, what fire and brimstone had they showred? Like the furious Bohemian, Jul. Bel. 2 [...]. V. Thua [...]. 103. they had bequeathed the kingdom up to Turks and Tartars. If no well­minded Rebel would have shown himself of their side first, but amongst their sins committed against the peace and prosperity of this perishing peo­ple and kingdom, after those against the Church and our faith; there is none so high and mischievous, as that against our natural allegiance and the rights of the Royal Family, enough to involve us in a combustion not to be extinguished but in the kingdomes ashes. No man defends the Defender of the Faith, it is not without our won­der to be thought on; we have hedg­ed in our Soveraign by wary and sharp laws against the Papists, and we see those that would be called Protestants, [Page 144] destroy him, our pious and learned Di­vines dispute against Papal deposition, and there are those within our own pale (as they would be thought) will act it at home. A learned Earle at the arraignment of S^r Everard Digby of [...]rl of North. the Gun-powder treason, affirms, The practises of the Papists, from whence the powder had its derivation, were meerly to prevent King Iames haeredi­tary right, And the Lord Cook, in Garnets tryal (a Jesuit and (as before) a father of the powder mine,) charges that Jesuit with high treason, because (as he) the end of his plot was the final destruction of the royal Succession. In­deed there was not any Protestant Church else, nor any adverse King and Royal family worth a Jesuits fears, we have saved them by these acts (yet why should I say We, since the Viper within the man is not part of the man) the sin and the hazards, which their black arts daily subjected them to, to the greatest and most so­lid happinesse and content that ever befel the Papacy, since Henry the third French King of that name received the Iacobins knife; yet was there as much ods betwixt that blow and [Page 145] this, as betwixt the windfall of a t [...]t­tering feeble single Cedar, and an unnatural earth-quake, which tears up Lebanon it self, and ruines the whole wood: yet cannot it but seem a horrid and a fatal Judgement, that English men and seeming Protest­ants should perpetrate that treason, which the Papists would have given (after the price of merit) half the triple crown to have been Actors in. I will but adde the opinion of K. Iames his first Parliament, which declares, the indubitate inheritance of the King, and the discent of the royaltie, and might serve for a thousand argu­ments, and ought to convince every Englishman, were there no other defence made of the Question at all, being the deliberate confession of the Kingdom and people, Showing (so it speakes in the title) That the Crown is lawfully descended to [...] Jacobi c. 2. King Iames his progeny and posterity, the statute is to this purpose, The Par­liament recognizes being bound unto it, by the Lawes of God and man, that im­mediately upon the decease of the late Queen Elizabeth, the Imperial Crown of the realm of England, and of all the [Page 146] kingdoms, dominions, and rights belong­ing to the same, did by inherent birth­right, and lawfull and undoubted suc­cession, descend and come to your most excellent Majesty, as being lineally, justly, and lawfully, next and sole heir of the blood Royal of this Realm, by law­ful rightful discent, thereunto we do most humbly and faithfully submit, and obliege our selves our heirs and posteri­ties for ever, until the last drop of our blood be spilt; and do beseech your Ma­jesty to accept the same, as the first­fruits in this high Court of Parliament, of our loyalty and faith to your Maje­sty, and your Royal progeny and poste­rity, for ever to endure as a memorial to all posterities of our loyalty and obe­dience, hearty and humble affection, a­mong the Records of your high Court of Parliament: which if it shall please your Majesty, to adorn with your Royal assent (without which it can neither be Negative voice. compleat or perfect,) we shall adde this to the rest of your Majesties inestimable favours, &c. This was a compleat Parliament, it sayes, The whole body of the Realm, and every particular mem­ber thereof, either in person, or by re­presentation, upon their own free electi­ons [Page 147] are by the laws of this Realm, deem­ed to be personally present. So here is an House of Commons of 439 (which no man can say of theirs, when the Ar­my came up & the Work began,) with an House of Lords and the King with his Negative voice: The right of the King is acknowledged by discent, and so to descend, the Parliament and their posterity, so the represented bound with their posterity for ever, and sub­mitted to this acknowledgement: a­gain it was to endure among the Re­cords of Parliament for ever, most strange not above 46 years since, and all these submissions to this power and right (then which no Parliament or Nation could ever make any more am­ple, and more solemn) so soon forgot! What equal strength has dissolved this bond; either this declaring statute is in force, or some other has repealed it, There being nothing so agreeing to natural equity, as that every thing should be loos­ed, R. [...]. 57. R. 2. 53. R. 5. 26. R. 6. 43. by as high a power, nay, by the same power that bound it: We know no laws in England, but Custome, which is Common law, and Acts of Parliament Inst. 11. 110.: If the Sword must cut such Gordian knots as these, we may fear our glory is departed. This one place may supply all other weight, colours, or number, and may serve to condemn this kingdom, in the high­est breach of National Faith, (if we adde no more) that ever people commicted; for we [Page 148] yet knowing that lawfully this statute is in it force, (and it being confessed by it, that King Iames took by discent with his posterity) carr▪ not with the whole world but ask, how the present King comes to be cast out of his Fa­thers house? and against law, reason and nature be denied his birth-right? I might infer, i [...] he incurred the danger of a premunire, whoR. 5. Cawd. case. by the Popes Bull sought to stop the proceed­ings of one of the Kings Courts of justice, what should they suffer, who have cast him out, his Royalty and jurisdiction together? Were there nothing else left but hope, yet may we hope, that these men, who unwise enough, found the veneration they would establish upon bloodM [...]chiav. Let the Politician think only fear can bend men, let him endeavour that all men may be ob­noxious to him, and either in dan­ger or distresse. and terrour, (that modesty or softnesse which is ever most winning and necessary in a new power (being as a vertue, to be borrowed from the Tragedy of the assassinated King never used,) whose triumphs and conquests are but glorious sins, and whose inhumane insolencies, have corrupted those triumphs, are ascended to the highest point, and must decline; and that if these be not what they seem to be Cae­sars Suevi, quib. [...]e Dii ipsi immortales pares esse p [...]ssu [...], got up above Gods thunder, thenVer [...]l. Aug. scien. [...] Bella obvindictam justam fere semp [...]r f [...]licia fuerunt, &c. The successe of wars in the end depends chiefly upon the innocen­cy of the quarrel. [...] Galc. 130. ‘Si qua pios respectant numina’ if there be any justice any where, the innocen­cy of the holiest Martyrs quarrel shall prevail, and from the day of that accursed regicide, CHARLS the seconds Crown shall flourish.