A discourse of monarchy more particularly of the imperial crowns of England, Scotland, and Ireland according to the ancient, common, and statute-laws of the same : with a close from the whole as it relates to the succession of His Royal Highness James Duke of York. Wilson, John, 1626-1696. 1684 Approx. 257 KB of XML-encoded text transcribed from 144 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A66571 Wing W2921 ESTC R27078 09638881 ocm 09638881 43884 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A66571) Transcribed from: (Early English Books Online ; image set 43884) Images scanned from microfilm: (Early English books, 1641-1700 ; 1346:21) A discourse of monarchy more particularly of the imperial crowns of England, Scotland, and Ireland according to the ancient, common, and statute-laws of the same : with a close from the whole as it relates to the succession of His Royal Highness James Duke of York. Wilson, John, 1626-1696. [12], 272 p. Printed by M.C. for Jos. Hindmarsh, London : 1684. "Epistle dedicatory" signed: John Wilson. Reproduction of original in the Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Monarchy. Great Britain -- Kings and rulers -- Succession. 2004-12 TCP Assigned for keying and markup 2005-02 SPi Global Keyed and coded from ProQuest page images 2005-04 Rachel Losh Sampled and proofread 2005-04 Rachel Losh Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion A DISCOURSE OF Monarchy , More particularly , of the IMPERIAL CROWNS OF England , Scotland , and Ireland , According to the Ancient , Common , and Statute-Laws of the same . With a Close from the whole , As it relates to the Succession of his ROYAL HIGHNESS , JAMES Duke of York . DEUT. 4.32 . Interroga de diebus antiquis qui fuerunt ante te , ex die quo creavit Dominus hominem super terram , &c. LONDON : Printed by M. C. for Jos. Hindmarsh , Bookseller to his Royal Highness , at the Black Bull in Cornhil , 1684. To the most Honorable JAMES Duke of ORMOND , &c. Lord Lieutenant of Ireland . May it please your Grace , IT was a saying of the late Earl of Ossory ( Lord Deputy of Ireland ( your Son ) at what time he deliver'd up the Sword of that Kingdom to the Lord Lieutenant Berkeley ) Action is the life of Government : Common experience tells us , Usefulness , is the end of Action , and without which ( like a Glass-eye to a Body ) a man rather takes up a room , than becomes any way serviceable . The sense of this , put me on those thoughts , I herewith present your Grace , and unto whom more fitly , than to a Person , in the defence of which , few men sate longer at Helm , or suffer'd more ; You , that hung not up your Shield of Faith , in the Temple of Despair , and never seem'd more worthy of the great place you now fill , than when farthest from it . Nor am I in the so doing , without some prospect of advantage to my self ; in as much , as if the censuring Age , shall handle me roughly on this account , under your great Patronage , I shall fight in the Shade . And now ( my Lord ) I was just breaking off , when it came into my head , that I had , in some of our late pieces , found Sir Edward Coke , often quoted , especially , to the defence of those Notions , which had better slept in their forgotten Embers ; and therefore I thought it not altogether forein to the matter , that I us'd the words of S. Peter ( 2 Pet. 3.16 . ) touching S. Paul's Epistles , In which ( saith he ) are some things , hard to be understood , which they that be unlearned , and unstable wrest , as also they do the other Scriptures , to their own destruction : I have purposely made use of him in many places , as an high Assertor of Monarchy , and Prerogative ; Those that find him otherwise , — Habeant secum , serventque — Or let him lie indifferent , my Argument depends not singly on him : which I humbly took leave to advert , and am , May it please your Grace , Your most Obedient , Obliged , humble Servant , John Wilson . THE CONTENTS . Sect. I. THat Monarchy , or the Supreme Dominion of one person , was primarily intended by God , when he created the World. That it is founded in nature . As consonant to the Divine Government . And of Divine Institution . Acknowledg'd by Heathens , as well as Christians . 1 Sect. II. That Adam held it by Divine right . Cain a Monarch . By the Kingdoms of the most ancient Gentiles , not God's , but Monarchs were denoted . That the origiginal of Power came not from the People , by way of Pact , or Contract . The unreasonableness and ill consequence of the contrary . Noah and his Sons , Kings . A Family , an exemplary Monarchy , in which the Pater-familias had power of life , and death , by the right of Primogeniture : Examples of the exercise of it in Judah , Abraham , Jephthah , Brutus . Vpon the increase of Families they still continued under one head . Esau. The four grand Monarchies . Ancients , and Moderns universally receiv'd it , as precedent to all other Governments . 12 Sect. III. That all Governments have a natural tendency to Monarchy . Their several Forms , and Rotations . Of Aristocracy . Democracy . Tyranny , to be rather wisht , than either . Examples , of Athens , and Rome ; the first Consulate . Their Tribunes , several Seditions . Marius , and Sylla . Crassus , Caesar , Pompey . The two latter divide . Caesar complemented to Rome by the Senate . The Triumvirate , their Proscriptions , and breach . No peace , till Monarchy restor'd under Augustus . The sense of those times touching this matter . 34 Sect. IV. That the Kingdom of the Jews , was a Supreme Sovereign Monarchy , in which their Kings had the absolute Power , of Peace , and War , and were Supreme , in Ecclesiasticis . And an Answer to that Objection , That God gave them a King in his wrath . 62 Sect. V. What is here intended by a Supreme Monarchy . The marks of Sovereignty ; as , the Power of making Laws , and exemption from any coactive obedience to them . The Power of Peace , and War , &c. That the Kingdoms of England , &c. are Supreme Imperial Monarchies . Those two marks of Sovereignty , and seven others , prov'd to be no other than what has ever been , the undoubted Right of the Kings of England . The Kings Sovereignty by the Common Law. The like from the Statute Law. Power in Ecclesiasticks . And that they have justly used those Titles of King , and Emperor , and that from ancient times , and before the Conquest . 67 Sect. VI. That the King is none of the Three Estates ; in which , two preliminary Objections are examin'd by Reason ; and answered by the manner of the Three Estates applying to him . What the Three Estates are . To presume him one of them were to make him but a Co-ordinate Power . The King cannot be said to Summon , or Supplicate himself . How will the Three Estates be made out , before the Commons came in ? With a short Series during the Saxons to the latter end of Henry III. in all which time they are not so much as nam'd as any constituent part of a Parliament , And the time when probably they first came in , to be as they are at this day , one of the three Estates . That the Lords Temporal were never doubted but to be an Estate . Four reasons offer'd , that the Lords Spiritual , are one other Estate , distinct from the Lords Temporal , and one Act of Parliament , in point : With other Authorities to prove the Assertion . 181 Sect. VII . Admitting what has been before offer'd , wherein has our present King merited less than any of his Royal Ancestors ? with a short recapitulation of Affairs , as they had been , and were at his Majesties most happy Restauration : and that he wanted not the means of a just Resentment , had he design'd any . 181 Sect. VIII . That notwithstanding the hard Law of the Kingdom , the Jews paid their Kings , an entire Obedience . Two Objections answered . The like , other Nations to their Kings . A third Objection answered . The Precept of Obedience is without restriction ; Examples upon it : Nor is Idolatry any ground to resist ; much less , things indifferent . The example from our Saviour in Instituting his last Supper . Least of all , is injury , with the practice of Holy men of old , in like cases . And that if any ground were to be admitted , that , would never be wanting . 189 Sect. IX . The Arts of the late times in working the People from this Obedience . It was to be done piece-meal . The Kings Necessities , answered with Complaints . Plots discovered ; Fears and Jealousies promoted . Religion cants its part . Leading men , some to make it Law , others , Gospel ; The examples of Corah , &c. The same Game playing over again : Prognostications , &c. The ill consequence of such Impressions . The examples of Cade , Tyler , and others . Holy League in France ; Solemn League and Covenant , at home , &c. New Trains to the old Fuel . Our Saviours advice to his Disciples touching the leven of the Pharisees : What that , and they were , made applicable unto our selves . 210 Sect. X. A Close from the whole by way of Enquiry , Whether an Exclusion of his Royal Highness the Duke of York may be of more advantage or disadvantage . The advantage propos'd ; and whether an Act for security of Religion , may not be as safe , as a Bill of Exclusion . The moral impossibility of introducing the Romish Religion , tho the Prince were of that Persuasion . The reason why the Kingdom follow'd the Reformation under Edw. VI. Qu. Mary . Qu. Elizabeth . That the case cannot be the same at this day . The Crown of England , an ancient Entail ; with the danger of Innovations . Objection , That such things have been done . So has a King been murder'd . More particularly answered , in Edw. IV. Qu. Mary , and Qu. Eliz. all three excluded by Parliament , yet came to the Crown . No man changes , but in hopes of better . The advantages of continuing as we are . It is a bar to Pretenders . The same , as to Competitors . Disorders avoided . No new Family to be provivided for . The indignity of a Repulse avoided . Suppose Scotland , and Ireland be of another Opinion ; the former of which has by Parliament asserted the Right of Succession of that Crown , notwithstanding any Religion , &c. Lastly , all occasions of Jealousie taken away . Objection , answer'd . Disadvantages that have attended the laying by the Right Heir . Examples from old Rome ; and Vsurpations at home . The Revolt from Rehoboam ; our loss of France . With a conclusion from the whole . More particularly , as it relates to his Royal Highness . 236 A DISCOURSE OF MONARCHY , &c. SECTION I. That Monarchy , or the Supreme Dominion of one person , was primarily intended by God , when he created the World. That it is founded in nature . As consonant to the Divine Government . And of Divine Institution . Acknowledg'd by Heathens , as well as Christians . GOvernment is of that absolute necessity ( if not to the being ) at least to the well-being of every thing , that without it , nec domus ulla , nec civitas , &c. nor House , nor City , nor Nation , nor Mankind , nor Nature , nor the world it self could consist ; inasmuch as the stronger would devour the weaker , and the whole run back again to its first Chaos : and therefore , the eternal Wisdom , when he had created the world , and stockt it with living Creatures according to their kinds , as if he had done nothing , while there yet wanted something more excellent to govern it , made man. Sanctius his animal , mentisque capacius altae , Deerat adhuc , & qui dominari in caetera possit ; Natus homo est — A creature not only capable of it , and that he might the better go thro with it , furnish'd out accordingly , Cognati retinebat semina coeli , but primarily design'd to it ; and , however last in act , yet first in projection ; for says the Text , Let us make man , &c. And God created man after his own likeness , &c. and blessed them , and said , Increase and multiply , &c. and have dominion , &c. and over every thing that moveth upon the earth ; by which , what other can there be rationally understood , but the supreme Sovereignty , or Dominion of one : for , if God Almighty had intended otherwise , how easie had it been , when he created our first Parents , to have form'd a multitude , and given them a joynt Commission , to have govern'd one another , or at least bade 'em gone together , and agree among themselves : but he foresaw it would not be , and therefore to avoid confusion , ( the inseparable companion of a multitude ) created but one , and erected an exemplary Monarchy in him . Neither will this less appear , if we consider that the very laws of nature lead us to a Monarchy , Natura commenta est regem , saith Seneca , de Clem. As among all irrational creatures , who having least of reason , are wholly govern'd by sense , we find some one that has a preheminence above the rest of its kind : And thus , Birds have their Eagle ; Beasts their Lion , and among them also every Flock its vir gregis : : the Fish of the Sea their Leviathan : a King over the children of Pride , for so Job calls him : and the shout of a King may be found among Bees , — Rege incolumi , mens omnibus una est ; Amisso , rupere fidem — Nor is it more founded in nature , than consonant to the Divine government of God , and a lively image and representation of him , who as sole Monarch ruleth and guideth all things : Look up to Heaven , and we find an Hierarchy among Angels ; and one Star differ from another in glory ; yet , every of them paying this homage to the Suns sovereignty , that they veil their faces , at his least appearance : Take back again to Earth , and this little world of man , has but one Body , and all the members of this body , but one head , whereon depends the will , motion , and sense ; and the greater world , but one God : He ruleth over the Angels , ( than whom he made Man only inferior ) they over Men , Men over Beasts , the Soul over the Body , Man ( again ) over Woman , and Reason above Affection : by which means , every good , commanding over what is less good by a certain combination of Powers , all things are kept in their order : whereas , were there a duplex Principium , of equal power ( as the Ancients fabled ) the commands must be contrary , and consequently thereby either ruine one another , or at least by their continual jarring , disturb the harmony of the whole : and therefore it is observable , that albeit God , who comprehended the whole system at once , and unblotted nature , thro all her Meanders ; and to every days work ( but that of the second ) said , And behold it was good , yet until he had put to his last finishing hand , i. e. made man , and giv'n him his Commission , of having dominion , It is not said , And God saw all that he had made , and they were very good : and by that Divine Commission have Kings ever since reign'd , there being no power but what is appointed of God , who according to the similitude of his heavenly Kingdom hath given unto them , the Scepters of their earthly Principalities . Nor need we go far for examples , we find it every where ; for such was Abraham taken and acknowledged by the Inhabitants when they call'd him Principem Dei ; and albeit Heaven be the Throne of God , yet we meet with another of his on this Earth , his Foot-stool ; for so we find it express'd , Solomon sate on the Throne of the Lord , as King : And in like manner the Queen of Sheba , God set thee on his Throne , to be King for the Lord thy God : As also David is called his King , and his Anointed , He giveth strength to his King , &c. and again , Hath shewed mercy to his Anointed . To which , if any man shall object , that this was spoken of a good King , a man after his own heart ; I answer , That not only Josiah who also was a good King is called the Anointed of the Lord , but Saul , a King whom God is said to have given in his anger , has this sacred Title attributed to him , in eight places in the first Book of Samuel , and in two other in the second : And the same also , we find God giving to Heathen Emperors , Thus saith the Lord to his Anointed Cyrus ; to Cyrus , whose hand I have holden to subdue Nations before him . And ver . 4. I have surnamed thee tho thou hast not known me : Howbeit tho he knew not his Founder at first , it is not long e're we find him acknowledging him ; Thus saith Cyrus the King , All the Kingdoms of the Earth hath the Lord God of Heaven given me , &c. And he that gave the title of Anointed to Cyrus , gave the stile of his Servant to Nebuchadnezzar ( who yet had sack'd Jerusalem , and led the People thereof into captivity ) when he calls him Nebuchadnezzar , the King of Babylon , my Servant ; which also is but the same , wherewith he so often favours Moses , Joshua and David . Neither is this truth , that Kings derive their power from God , less acknowledg'd by the Heathens , than us Christians , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Kings are from Jupiter , saith Hesiod : and elsewere you find 'em stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , born of Jove , and nourish'd by Jove ; whereby God is made their procreant cause , as well as their conservant ; not as deriving their pedigree from Jupiter , but their Kingly honor : And what the Poet ascribes to Jupiter , the Apostle gives to God , For ( saith he ) as certain of your own Poets have said , we are also his off-spring . And what other does the Psalmist's calling them Gods import , than that they receive their Authority from God , whose place they supply , and whose person they represent ? Many also of the most ancient Philosophers acknowledg the Regal Office to be a Divine good , and the King as it were a God among men ; and that God had given him dominion ; as we have it at large in The Power communicated by God to the Prince , and the Obedience required of the Subject ; written by the most Reverend the late Lord Primate of all Ireland . In short , the Psalmist is direct in this point , Thou makest him to have dominion over the works of thy hands : And therefore when S. Peter calls Government an Ordinance of man , it is not that it was invented by men , but as proper to them , and ordained of God , for the good and conservation of human kind , and exercised by men , about the government of human Society . SECTION II. That Adam held it by Divine right . Cain a Monarch . By the Kingdoms of the most ancient Gentiles , not God's , but Monarchs were denoted . That the original of Power came not from the People , by way of Pact , or Contract . The unreasonableness and ill consequence of the contrary . Noah and his Sons , Kings . A Family , an exemplary Monarchy , in which the Pater-familias had power of life , and death , by the right of Primogeniture : Examples of the exercise of it in Judah , Abraham , Jephthah , Brutus . Vpon the increase of Families they still continued under one head . Esau. The four grand Monarchies . Ancients , and Moderns universally receiv'd it , as precedent to all other Governments . THat God Almighty was the first King , will not be deny'd ; and that Adam was the next , appears by his Commission ( as I have shewn before ) a large Commission , and of as large extent , as having made him a mighty King , and universal Monarch , and given him an unqestionable right to his Kingdom , which was , all the inferior world , the Earth , the Sea , and all that therein were ; insomuch that it might not improperly be said of this matter , Jupiter in coelis ; terras , regit unus Adamus : Divisum imperium cum Jove , Adamus habet . And now as all things were created in order , and that the infant world might not sit in darkness , nor their posterity want a light to guide and direct them , what wonder is it , that for the preservation of that order , God erected a Dominion himself , and declar'd his Vicegerent ? Afterward , when the world began to enlarge , and men liv'd so long , that they begat a numerous posterity , Cain with his own Colony went into a strange Land , and built a City , and called the name thereof , after his Sons name , Enoch ; which double act carries the character of a Kingdom in it , and that he was as well the King , as Father of the Inhabitants : neither do the ancientest Gentiles otherwise speak of those elder times , than with a clear supposition of Monarchy . Those Kingdoms of Saturn , Jupiter , Neptune , Pluto , and the like , denoting as much , and that under those names , applied to distinct Kingdoms , not Gods , but the Monarchs of Land and Sea , in the first times were understood . And so Cicero , Certum est , omnes antiquas gentes regibus paruisse . And with him agrees Justin , Principio rerum gentiumque imperium penes Reges erat . But not a word all this while do we hear of the People , or that the original of Government came from them by way of pact or contract ; for if the power of Adam , upon his Children , and his Posterity , and so all mankind whatever depended not on any consent of his Sons , or Posterity , but wholly proceeded from God and nature , then certainly , the Authority of Kings is both natural and immediately Divine , and not of any consent , or allowance of man , and consequently , the people had no more right to chuse their Kings , than to chuse their Fathers . Besides , to examin it a little farther , if this power of paction , or contract , had been in the people , then it must lie in all the people , as an equal , common right , or in some particular part ; if in all of them , they would do well to shew how they came by it ; or if in any more peculiar part , by what Authority were the rest excluded ; it being a Maxim in Law , Quod nostrum est sine facto , vel defectu nostro amitti , vel in alium transferri non potest , Whatever is mine , cannot be lost , or transferr'd unto another , without my own act , or defect . Nor would it be less enquir'd , who were the persons suppos'd to have made the contract ? or whether all , without difference of Sex , Age , or Condition , were admitted to drive the bargain ? and if so , Wives and Children were not sui juris , and consequently could not conclude others , nor themselves for any longer time , than during the disability : Which once remov'd , they were free again : Or if all were admitted , whether it were with an equal right to every one , or with some inequality ? was the Servants interest ( if yet such a thing could be among equals ) equal with the Masters ? and if not , who made the inequality ? or if equal , who could summon the rest ? or when met , regulate , preside , or moderate ? and thus new Atlantis-men , run round the maze , not knowing how to disentangle themselves ; and like men in a mist , lose their way by seeking to find it . Whereas on the other hand , if we should admit the thing , and that Princes had no more right , than what the People shall think fit to entrust them withal , which also , they may enlarge , or restrain at pleasure : Then what follows , but that their Power is precarious , and ambulatory , and subject to be varied , according to the exigency of times , and occasions ; whereas the Jus gladii , i. e. the Sovereign Power belongs to the King , by the ordinance of God , not the donation of the People : for he beareth the Sword as the Minister of God , from whom he receiv'd it , and not as the Minister of the People , who had no right to give it , because they never had it themselves , and consequently , could not bestow it upon another , it being also another maxim in Law , Nemo potest plus juris in alium transferre , quam ipse habet , No man can give another , what he has not himself . And be this sufficient , to have been said , against that humor , That the original of Government came from the People . But to proceed , and omitting those traditional Kings , who are said to have reigned before the Flood , and of whom Xisuthur in whose time the Flood came , is supposed to be no other than Noah himself ; we have great reason to believe , that after the Flood , the sole Government was at first in Noah , and that whatever property in several , or share of Government in any part of the world afterwards , his Sons had , they had it by his sole allotment , and authority , and transmitted the same to their posterity , merely on that account ; those words seeming to import as much , These are the families of the Sons of Noah in their generations , after their Nations ; and by them were the Nations divided in the earth after the flood . And so the Son of Sirach , In the division of the Nations of the earth , he appointed a ruler over every People . Besides , if we examin Families , ( a Family being in nature before a publick Society ) we shall find them no other , than so many exemplary Monarchies , wherein the Paterfamilias , and the first-born after him , exercised all kind of Government Ecclesiastical and Civil ( so Noah curs'd Cham , and bless'd Shem and Japhet ; Abraham cast out Hagar and Ismael ) and had the power of life and death in the Family . Patris , in liberis est regia potestas ; The Father has the authority of a King over his Children : for the better understanding of which , it will be requisite ( e're I go further ) to shew what the Paterfamilias truly was , and give some instances where he us'd this regal Authority . As to the former , Paterfamilias imports no more than Familiae Pater , the Master , or good man of the house , who had the care of the Estate , and ordering the Family ; and so Tully uses it : C. Quintius , suarum rerum , Paterfamilias , & prudens , & attentus : which in English , we would call , a discreet and careful manager of his Estate . And in another place , Bono patrifamilias , colendi , aedificandi , & ratiocinandi , quidam usus , opus est ; had need of some skill in Plowing , Building , and keeping Accounts ; all which as yet , carry no more in it , than a bare care of the Family . And to the second , that this Paterfamilias had the power of life and death , Pater vitae necisque potestatem habebat in filios : A Father has the power of life and death over his Children , saith the same Tully ; not simply , and quatenus Pater , or Paterfamilias , which is the same , but by a regal Authority annex'd to it , by the right of primogeniture , whereby the elder was by the law of Nature , to rule and govern the younger , he being prior in donis , major in imperio : And so Aristotle , Parens , quod & amicus , & natu major est , praeficitur , quae species est regiae potestatis . In which sense , God speaking to Cain of his younger Brother Abel , saith , Sub te erit appetitus ejus , & tu dominaberis illi . Subject to thee shall be his desire , and thou shalt rule over him : which made Jacob so eager in supplanting his elder Brother Esau , of that birth-right ; and Elisha alludes to it , when he pray'd Elijah that a double portion of his spirit might be upon him , i. e. in comparison of the rest of the remaining Prophets , among whom he had obtained the place of an elder Brother , and to whom afterwards he became a Father . The exercise of this regal Authority is found every where ; and because examples give a quicker impression than arguments , take a few for the rest ; by this power , Judah pass'd sentence upon Thamar ; and Abraham shew'd his readiness to Sacrifice his Son Isaac ; which , had he done , and had not withal had a regal Power in himself , which own'd no Superior , less than him , that gave him the command , what justification for him had that command been , among a people , unto whom at that time , the God of Abraham was altogether unknown . In like manner Jephthah , who ( as 't is more than probable ) actually Sacrific'd his Daughter ; for the Text says he did with her according to his Vow , which was , If thou shalt deliver the children of Ammon into my hands , whatsoever cometh forth of my house to meet me , when I return ( holocaustum offeram Domino ) I will offer it up a burnt-offering , &c. and is the same word , which Isaac uses to his Father , Behold the fire and the wood , but where is ( victima Holocausti ) the sacrifice for a burnt-offering ? which is argument enough for me that her Father Sacrific'd her ; And that he did it by virtue of that regal power annex'd to him as Father , and not of any power deriv'd to him from the People , when they made him their Captain , will appear in this , that albeit such an Officer had an absolute , and independent Authority , when once elected , yet he was seldom chosen , but in times of imminent danger , which overpast , he retir'd to a private life again , as did Gideon , after he had deliver'd Israel from the Midianites ; and that 's the reason why we find such chasms and vacancies between the cessation of one Judg , and the election of another : and therefore , that Samuel judged Israel all his days was extraordinary ; and extraordinary examples neither make a rule , nor break one : so that in short , their Judges were the same in effect with the Roman Dictator some Centuries after , who was neither Sovereign Prince , nor Magistrate , but simply commissionated , on some sudden occasion for the making of War , suppressing Sedition , or the like , which ended , he was no more than a Subject himself . Neither can that of Brutus the first Consul , his beheading his two Sons , be taken to be done by him as Consul , but as having the regal power of life and death , within his Family : for , besides that the Consuls were as yet in their Biggens , they never at any time afterward had any regal power , nor could they either make Laws , Peace , or War , or so much as whip a Citizen ( but in time of War ) without leave of the People , whose Subjects and Servants they were , and might be imprison'd by the least of the Tribunes of the People ; as was Philippus the Consul , by Drusus the Tribune , for that he interrupted him as he was speaking to the people : from all which I infer , that Families ( who as I said ) were before publick Societies , were under the absolute obedience of one , who had a regal power in him , and ruled as King over them : Howbeit in after times , when Fathers began to abuse that Authority , it was thought fit to abridg them of it , and place it in the hands of the more publick Father , the King ; a Kingdom being no other than a great Family , wherein the King hath a paternal power . But to proceed ; as the world increased , so did these Families ; and being now extrafamiliated , became a part of the Common-wealth , and for want of room at home , swarm'd abroad into larger Families and Septs , but under the obedience still of one common head thereof : so Esau is called the Father of Edom , and the Dukes descended from him , were heads of Families , and Esau their chief . Hi Duces Edom habitantes in terra imperii sui , ipse Esau est pater : And we read , that Abraham when he pursued the four Kings in the relief of his Brothers Son , and Ally , Lot , set out 318 ( expeditos vernaculos ) light harnessed men at Arms , born in his own house : Yet hitherto , these may be rather called Reguli , than Reges , as being Princes of a narrow Territory , and much of the same , with the Kings we read of in the same Chapter , or the 31 Kings that were vanquish'd by Joshua . But when in process of time Kings began to encroach upon their Neighbors , and that whatever it were they had already only shew'd them , how much more was wanting , then also were their Kingdoms enlarged . And the first of this kind we read of was Nimrod , whom Bodin calls a Lordly Monarch , and the Scripture a mighty Hunter , not only in that he was a great King , or as he has it , an oppressor ; but rather , and the more probable , that he was the first that usurp'd on his Neighbors rights , to enlarge his own Dominions ; that path which he first discovered , his Son Ninus further laid open with his Sword , and left it to his Heirs , who held it , for above a thousand years ; from them , the same Sword translated it to the Medes and Persians , and from them , to Alexander by the same way ; and continued by by the same right , among his Successors , till being crumbled by them into lesser morsels , ( yet still Monarchs ) it became the fitter for the Roman Swallow , and at last an Empire again , under Octavius Caesar ; that unwieldy lump of the Roman Republick , being but a concretion of heterogeneal parts , which ( like the toes of Iron , and Clay in Nebuchadnezzar's Image ) might stick together for a while , but never incorporate : but of this , more at large in proper place . Nor were these four transcendent Monarchies the only instances of Monarchy , inasmuch as it hath gone out into all Lands ; and there is neither Speech nor Language , where it has not been heard among ' em . The Seythians , Aethiopians , Indians , Aegyptians , Armenians , Bactrians , &c. Nations famous in their Ages , were all govern'd by Monarchs ; and the Jews when they demanded a King over them , that they also might be like all the Nations , what other did they imply , but that all other Nations ( for ought at least they had heard ) were govern'd by Kings : The Cappadocians vanquisht by the Romans , had lost their King , and being persuaded by them to take a popular State , refus'd it , as declaring they could not live without a King. In short , where we meet the most ancient Kingdoms mentioned , we hear not ( so much as a Rat behind the Hangings ) the least word of Aristocracy , and as little of Democracy : That all Greece was anciently under Kings , was never doubted , and till long after Homer's time , Aristocracy was never dreamt of : And when the Roman Democracy began , is but to ask the next School-boy , when the Tarquins ended ; and therefore he that shall say of either of them , that ( in comparison ) they were more than of yesterday , may have it also said of himself , he knows nothing . But what need I run so far back , when there are so many examples before us , even at our own doors ; And therefore to pass the Polonians , Danes , Moscovites , Tartars , Turks , Abissines , Moors , &c. yea , and the salvage People discover'd by the Spaniard , and our selves in the Indies , where all of them , as guided thereto , by the dictates of nature , liv'd under a Monarchy : The English , Scots , French , Spaniard , Irish , ( the first and last only excepted during the 12 years Fever of a Rebellion ) never knew other Government than that of Kings ; and therefore if we shall follow the advice of the Prophet , State super vias antiquas & videte quaenam sit via recta , & vera , & ambulate in ea , Stand upon the old paths , and consider which is the right and true way , and walk in it : Custom and usage claims that reverence from us , as that we give Monarchy the precedency of all other Governments , not only in respect of its antiquity , beyond any other State , but as most universally receiv'd throughout the world , and consequently , allow that of Aristotle ( otherwise no great friend to Monarchy ) Necesse est eam quae à prima maximeque divina cecidit , esse deterrimam . In short , the Schools may dispute it , but time hath try'd it : Other States may have curious frames but they are soon out of order ; But Monarchy like a work of nature is well compos'd both to grow and continue . SECTION III. That all Governments have a natural tendency to Monarchy . Their several Forms , and Rotations , of Aristocracy . Democracy . Tyranny , to be rather wisht , than either . Examples , of Athens , and Rome ; the first Consulate . Their Tribunes , several Seditions . Marius , and Sylla . Crassus , Caesar , Pompey . The two latter divide . Caesar complemented to Rome by the Senate . The Triumvirate , their Proscriptions , and breach . No peace , till Monarchy restor'd under Augustus . The sense of those times touching this matter . I Have in the former Sections endeavoured , and I hope satisfi'd my unbyass'd Reader , that Monarchy is of Divine Institution , and has been the most anciently receiv'd and exercis'd Government throughout the world , even from the first of time : I come now to shew , that all other notions of Government , of what kind soever , have a natural tendency to Monarchy , and like massie bodies , retain a trepidation , and wavering , till they fix , and settle on the same centre , whence they were first moved : Nor can this be more readily effected , than by examining them apart , by which means , and comparing one with another , we shall be the less apt to mistake . The common receiv'd forms of Government , have been three , viz. Monarchy , Aristocracy , and Democracy . If the Sovereignty be in one only Prince , 't is a Monarchy : If all the people be interessed therein , as in one Body , 't is a Democracy , Republick , or Popular State : If but some part of the People , whether excelling in Virtue , Wisdom , Riches , Nobility , &c. have the Sovereign Command , as in one Body , and so give Laws to the rest , 't is an Aristocracy , Optimacy , or Government of the better for t . Now because , as says Aristotle , Degenerat regia potestas in Tyrannidem , Aristocratia , in Oligarchiam , Respublica , in Democratiam , Monarchy degenerates into Tyranny ; Aristocracy into Oligarchy ; a Common-wealth into Democracy : which yet Machiavel takes for the same ; and therefore says , Democracy degenerates into Anarchy , and that ( of course ) runs into Monarchy ; it being but natural , that when the Populace have toil'd , and moil'd , and even giddied themselves in the wild Circle , that they even sit down , and rest themselves where they first sate out : And here it will not be amiss , to examin that sphere of Government , which himself and others of that humor , have made to themselves : viz. That in the beginning of the world , men liv'd at large , as other Creatures ; but when they began to multiply , they began also to come nearer together , and then , whether it were that the people ( as they would have it ) chose the strongest , or that he took it by force , came Monarchy into the world : but afterward , when by frequent Injuries , and Rapines on each other , men began to consider how they might keep what they had , safely , how unjustly soever they had gotten it , then came in Laws ; and from them , property ; and then , not the strongest , but the wisest had it ; and in memory of the Father's virtue , his Son continu'd it , and from thence , came hereditary Monarchy : but his Posterity , forgetting that patrum virtus , and living ( perhaps ) as if they thought the only character of a Prince , was to exceed others in Rapine and Luxury , they fell by degrees , into the peoples hatred , and that made the Prince afraid of them ; and that fear ( which creates an object , where it cannot really find it ) increasing , he began to study a revenge , oppressing some , disobliging others , until at last it insensibly altered into Tyranny : And from thence came conspiracies ; not of the poorer , but the better sort , whose spirits not brooking it , they buzz'd notions into the peoples heads , and finding them pleas'd , laid hold of the opportunity , and heading the Multitude , both took Arms together , and thence came Rebellion ; and having conquer'd that Government , the Mobile vulgus ( as Virgil calls 'em ) ever desirous of a change , in hopes of battering their condition , and fond of any thing , but what they were last , submitted to those that rais'd 'em , and help'd 'em to conquer ; whereupon , superinducing new Laws , they alter'd the Government , and thence came Aristocracy : but , as man being in honor abideth not , they , and such as follow'd them , least minding the specious advantages they propos'd to the people , e're they got them to rebel , and not contented with a civil equality , but blinded by ambition , and taking upon them , by excluding some of the best by degrees , to grasp the Power into the hands of a few , and those , the least worthy , the Government was again changed , and from an Aristocracy , brought to an Oligarchy ; so that the Multitude weary of both , and ready for another change , resolv'd to restore neither , and concluded on a Popular State wherein every man taking upon himself to have an equal right in the Government , it insensibly lost it self in the Mare mortuum of Anarchy , and upon the whole matter , finding that in all this rotation , they had rather lighted on some new Physician , than any remedy for the Disease , they return'd to Monarchy , and after all turns of the Compass , came about and setled in the same point again . And thus , Pigmalion like , men form an image to themselves , and then fall in love with 't : and tho the question be yet to be granted , that the Sovereign Power was ever in the people , yet it is sufficient to prove my Argument , That all Governments have a natural tendency to Monarchy , and the reasons are obvious . For , if we consider Aristocracy , besides that it will be hard to determin who are the most virtuous , wisest , richest , and most noble , or what shall be the true number of the Commanders , by reason of the multiplicity of the pretenders ( for the more generous they are the more factious will they grow , their consultations be the more difficult , and sooner discover'd ) how will it be avoided , but that ( as in Corporations ) the greatest part , i. e. most voices , will over-rule the sounder , and the better ; and the more men there be , the less effects will there be of virtue , and wisdom , when the best men shall be always vanquish'd in number , by the vicious , and the resolutions of the lesser , but sounder part , overwhelm'd with the gaggles of the Factious , and Ambitious : They are also in a continual distrust of one another , and fear of the people , whom for that reason , they dare neither train to Arms , nor trust Weapons in their hands : so that in effect , they have a kind of Wolf by the ears , hold him in , then endanger biting ; let him go , then are torn in pieces . So then if the Tyranny of one be pernicious , that of many must be much worse , yet neither so dangerous , as that of a multitude , where no one commands , and no one obeys , and to ask counsel of whom ( as in times of old they did ) what other were it than to seek wisdom of a mad man ? with whom , on all occasions , instead of argument , — Faces & saxa volant , furor arma ministrat . Whereas in difficulties they stagger to and fro , and are in dangers , confounded : and therefore , one would think , when the Poet describ'd the Chaos of old , that he carried somewhat more under it , and meant the common people , — Rudis indigestaque moles ; Nec quicquam nisi pondus iners ; congestaque eodem Non bene junctarum discordia semina rerum ; Obstabatque aliis , aliud — Besides which , the end of all good Government is to flourish in virtue , justice , valor , honor , &c. but the end of a Popular State , is to banish all of them , as may be seen in Athens , and Rome ; that by advancing the most unworthy men to Offices , and Dignities , they may make room for themselves ; or at least ( as Marius and Pompey bought ) get money for their Voices ; in which case , who can blame him for selling by retail , what he bought in gross ; more than he 'd condemn a Woman , who having abandon'd her honor , makes the best of her Trade : In short , what shall be said , when in most Common-wealths of the Ancients , instead of Majesty , and Justice , we find nothing but licentiousness , and impunity ? and how much it was improv'd for the better , in our late times , among our selves , I appeal to the yet calamitous remembrance of it , when every man did what was best his own eyes , and for the same reason also , There was no King in Israel . And now , who would not rather wish a Tyranny , than an Aristocracy , or Democracy ; for as many wise skilful Pilots , hinder one another , in striving to govern the Helm , so will many men , of what condition , wisdom , or virtue soever they may be , when every one shall seek to govern the Common-wealth , according to the vain images of his own fancy , or abus'd imagination : In short , in the multitude of Counsellors , there is wisdom , but the determinative part ; is better performed by one , who having digested their opinions , will the readier execute that , which the other would scarce resolve on , without contention ; it being the nature of Ambition , rather to see all lost , than admit another , wiser than it self , or hazard the disrepute , of changing its opinion . But to proceed ; and here , not to weary my Reader with the state of Athens , under the thirty Tyrants , or the Lacedemonians under their Ephori , who tho they carried the specious shew of restraining their Kings , were indeed , a scourge , and plague to the people ; I shall only insist on the Romans , whose infancy for about 250 years ( for so Florus reckons it ) was under Kings : And to the same purpose Tacitus , Urbem Roman à Principio , Reges habuere : After this , upon expulsion of the Tarquins , they set up two Consuls , but not satisfied with this also , the people take Arms , and leaving the City , declare they will not return , unless there be appointed some Tribunes of the People , who might bridle the Disorders of the Consuls , and the wealthier sort ; and 't is granted : nor would this yet satisfie ; they must now know , what the Law was , and to that end it must be written in twelve Tables , for the doing of which , the Consuls were laid by , and the Decemviri created , with the Power , quam modo Consules , olim Reges habuissent ; interim , cessare omnes magistratus alios , donec juxta leges creati fuerint ; but they ( as says the same Author ) having made an agreement among themselves , and bound it with an Oath , that no one should oppose another , but what was approv'd by one , should be approv'd by all ; that they would admit no other to be joyn'd to them , but hold an equal Authority among themselves , Maximamque partem rerum pro imperio , multa tyrannice agerent ; the People took Arms again , and wholly destroy'd their power , ( and as saith Florus , laid their persons in chains ) the third year from the time they were first set up ; and thereupon the Consuls were again restor'd . Add to this the several Seditions of Tiberius Gracchus , slain by Scipio Nascica : that other of his Brother Caius , slain by the Consul Opimius : A third of Appuleius Saturninus , suppress'd by Marius , and that other of Livius Drusus , by Philippus the Consul . As also the bloody outrages between Marius , and Cinna , against Sylla , of which last ( not to excuse either of the former ) Plutarch says , that he had slain 100000 men , 90 Senators , 15 of Consular Dignity , and 2000 Gentlemen : And touching Marius , that of Ovid may not improperly be applied , Ausus & è media plebe sedere Deus . Yet all this will be little more than the beginnings of evil , if we consider that Monster of three heads ; for so those times call'd it , viz. Crassus , Caesar , and Pompey : the first was wealthy , even to a Proverb , Crasso divitior ; and yet , still gaping for more : the second was for bringing himself into Estimation and Authority ; and the latter , for keeping what he had already gotten ; all were alike greedy of Power , and therefore no wonder if they so easily agreed for invading the Common-wealth ; Caesar takes upon him Gaul ; Crassus , Asia ; and Pompey , Spain : This ( rope of Sand ) held together for 10 years ; and such I call it ; for Crassus being slain in Parthia , and there wanting a third , to ballance the other two , they quickly broke asunder : Pompey , begins to suspect Caesar's Wealth , and Caesar casts an ill eye on Pompey's new Authority ; Nec hic ferebat parem , nec ille superiorem : Nefas ! Sic de Principatu laborabant , tanquam duos tanta imperii fortuna non caperet . The one brook'd not an Equal , nor the other a Superior : Impossible ! they made such work who should be Chief ; as if the fortune of so great an Empire were too little for two . In short , they made such havock between them , that any one region of the world was too little to contain it ; and therefore it spread thro the whole ; for Pompey having the ill fate of surviving his Dignity , in the loss of his Army at Pharsalia , and to be as treacherously murdered , by his friend Ptolomy , King of Alexandria , to whom he had fled for succor , his Sons took up the quarrel ; of whom , Cnaeus ( the younger ) flying wounded from the Battle of Munda in Spain , was pursued by Caesar , and slain ; from which , Sextus ( the elder ) escaping , and having gotten together 350 Ships , he was ( after the death of Caesar ) overthrown in a Sea-fight near Sicily ; whence flying into Asia , he fell into Anthony's hands , and was there slain : of which Martial , Pompeios juvenes Asia , atque Europa , sed ipsum Terra tegit Libyes ; si tamen ulla tegit : Quid mirum toto si spargitur orbe ? jacere Uno non poterat tanta ruina loco . And now , every thing following the good fortune of Caesar , it was not said to the Senate , And will ye be last to bring the Conqueror home ? No , they prevented it , for besides the bringing his Statues into their Temples , inscribing a month of the year to him , &c. they met their Enemy in the way , and having new studded the word Imperator , welcom'd him in , with the supernumerary Titles , of Pater Patriae , Consul in decennium , Dictator in perpetuum , Sacrosanctus , & Imperator . But ( O the uncertainty of human condition ! ) deprav'd natures are never reconcil'd ; and such , those his Flatterers prov'd to him ; for upon a Conspiracy of Brutus , and Cassius , and other Senators , he was murder'd in the Senate ; they not longer nevertheless surviving it themselves , than in the effects of that Parricide , to have beheld that liberty lost , they had made such bustle to restore . And here again , Rome found the want of a Head ; for Sextus Pompeius having ( as I said before ) set up at Sea , to recover what his Father had lost by Land , and failing in it ; Octavius must be reveng'd of the murderers of Caesar , who had adopted him ; Antony , of them who had declar'd him an enemy ; and Lepidus , ( whose only business , in hopes of Wealth , was to fish in troubled waters ) comes in as fuel to a flame , and joyning with Octavius and Antony , they made a Triumvirate ; and under the common pretences of revenging the murder of Julius Caesar , and setling the Common-wealth , which was much out of order , had chief Power and Authority for five years , which expiring , they refus'd to resign , but held it other five , enacting , or reversing , what laws they pleas'd , and that , without the consent of the Senate , or People ; and having divided one Common-wealth into three Monarchies , viz. Africk , both the Sardinia's , and Sicily to Octavius : All Spain and Gallia Narbonensis , i. e. Languedoc , Daulphine , and Provence , to Lepidus ; and the rest of France of either side the Alps , to Antony ; the defence of Rome , and Italy , is left to Lepidus , while the other two , advance against Brutus and Cassius , who ( by a mistake ) having lost the day , kill themselves : Upon this , the Conquerors return to Rome , and exercising all cruelty whatever , without any regard of person , or condition , they proscribe and banish at pleasure : Lepidus gave up his Brother Lucius Paulus , to gratifie Octavius : Antony , his Uncle L. Caesar , to requite Lepidus : And Octavius , his friend Cicero ( whose advice had given him the Empire ) to appease inexorable Antony , concerning the Philippicks : And now , nothing but slaughter bestrid the Streets , when besides the incredible number of Roman Knights and Citizens kill'd in the broil , there were no less than 130 Senators proscrib'd between them , and of whom those last mentioned , were three . And now one would think all had been at quiet , the Common-wealth ( as I said before ) being divided into three Monarchies , and Antony married to the Sister of Octavius , yet all would not do ; for Antony being gone for Egypt , and Sextus Pompeius overthrown , Octavius makes War on Lepidus , whose softness and irresolution made him submit , with the loss of his share of the Triumvirate ; and thence , to keep a War ( as he had never less than reason to suspect it ) from home , he follows Antony , whose sensuality , and unpursutiveness lost him the sole Empire of the World ; for Octavius having overcome him and Cleopatra , in the Naval Battle of Actium , the Morning and the Evening of the Roman State , made but one day , and the Sovereignty once more coming into one hand , the Temple of Janus was now the third time clos'd : Upon which , applying himself to preserve that peace he had so happily restor'd , he made severe Laws to restrain those evils , a peaceable Age is but too prone to run into ; in due sense of which , it was debated in Senate , An quia condidisset imperium Romulus vocaretur ; sed sanctius & reverentius visum est nomen Augusti . And it may be observ'd , that from the expulsion of the Roman Kings to the Reign of Octavius Augustus ( about 450 years ) there was seldom above 10 years , without some Civil War , or some Sedition ; whereas Augustus kept the Empire in peace for above 50 years , and so it continu'd after his death , till the Pretorian Bands began to chaffer for the Empire , and others , to comply with them , gave an Empire for an Empire . And now e're I close the Argument , it may not be amiss to recollect , what the Historians , and Poets , that speak of those times , thought of it . Neque aliud discordantis reipublicae remedium , quam ut ab uno regeretur , saith Tacitus : Nor is Florus , who wrote not long after him , in any thing short of him . Gratulandum tamen in tanta perturbatione est , quod potissimum ad Octavium Caesarem summa rerum rediit ; qui sapientia sua , atque solertia perculsum undique & perturbatum , ordinavit imperii corpus . Quod ita haud dubie nunquam coire & consentire potuisset , nisi unius praesidis nutu , quasi anima , & mente regeretur . We have this yet in so great a confusion , to be glad at , that the upshot of all came back to Octavius Caesar , rather than another ; who by his Wisdom and Policy , brought the shatter'd , and disorder'd body of the Empire into frame again ; which without dispute had never met , and joyn'd together , had it not been actuated , by one chief Ruler , as with a Soul , and Intelligence . And to the same purpose L. Ampelius , ( who wrote before the division of the Empire ) speaking of the several turns of the state of Rome , and the uncertain condition of the people , Donec exortis bellis civilibus , inter Caesarem , & Pompeium , & oppressa per vim libertate , sub unius Caesaris potestatem redacta sunt omnia , Until those Civil Wars between Caesar and Pompey began , and the publick liberty over-born by violence , all things were reduced under rhe obedience of one Caesar. And what the much ancienter Homer's sense of having many Lords , was , we have every where , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Nec multos regnare bonum ; Rex unicus esto . And the reason of it is clear . Nulla fides regni sociis , omnisque potestas Impatiens consortis erit . — And so another , — Summo nil dulcius unum est Stare loco , sociisque comes discordia regnis . From all which we may gather , That all Governments , of what kind soever , have a natural tendency to Monarchy , and ( like Noah's Dove ) find no rest , till they return to the same station , whence they first departed . It being impossible otherwise , but that ( as Lines from the Center ) the farther they run , the farther they must separate . SECTION IV. That the Kingdom of the Jews , was a Supreme Sovereign Monarchy , in which their Kings had the absolute Power , of Peace , and War , and were Supreme , in Ecclesiasticis . And an Answer to that Objection , That God gave them a King in his wrath . I Have hitherto , according to my method propos'd , discours'd of Monarchy in general ; it remains now that I bring it down to some particulars : I 'll begin with the Kingdom , God erected among the Jews ( his own People ) and shew , That the Monarchy among them , was supreme , and independent : And here we 'l take the case as we find it in Samuel . Samuel was become old , and his Sons not walking in his ways , had distasted the People , who ask of him a King to judg them like all the Nations ; Samuel is displeas'd , but God commands him to hearken to them , howbeit to protest solemnly against them , and shew them the manner of the King , that was to reign over them , which he accordingly does , viz. He will take your sons , and appoint them for himself , for his chariots , and to be his horsemen , and some shall run before his chariots : He will take your fields , and your vineyards , and your oliveyards , even the best of them and give them to his servants , &c. A hard saying no doubt , whether we respect their persons , or their possessions , and yet he calls it Jus Regis qui imperaturus est vobis , thereby also implying , that such was the manner of all other Nations . And when he wrote it in a Book and laid it up before the Lord , he calls it Legem Regni , The Law of the Kingdom ; and yet a King they must have , and had him , adding to that of Samuel , this other , of their own desires , that he might have the absolute power of Peace , and War ; and this appears within the very letter of their demands , viz. That he might judg them , which is the power of Peace , and go out before them , and fight their Battels , which is the power of War. And what Authority he had in matters of the Church may be seen in this , That Solomon of himself thrust out Abiathar ( the High-Priest ) and appointed Zadok in his room . And that even the Horns of the Altar were no Sanctuary against him in case of Treason , may be also seen in Adonijah and Joab ; and yet we cannot so much as gather , that God was offended with him for his so doing , or that his person was the less acceptable to him , by reason of those matters . To which if it be objected , That God gave them a King in his anger : I answer , Moses having foretold the Israelites , that when they came into the Land , they would be asking a King , charges them to set him over them , whom God should choose ; which shews , That a popular Election was utterly forbidden them : yet they , weary of such Judges , as had succeeded Moses , and whom God had raised to rule them as Kings , demand a King , like all the Nations , i. e. of a more absolute power , than those Judges had : and therefore , not staying Gods time , but taking upon them to be their own Carvers , he is said to have given them a King in his wrath , in that they had not rejected Samuel , but himself , who had appointed Samuel . In acknowledgment of which , and as sensible of their error , they ever after accepted their Kings by Succession , unless only , when their Prophets had anointed and ordained another , by Gods special designation : Nor do we find any one in Holy Writ , chosen King by the Children of Israel , but Abimelech the Bastard of Gideon , and Creature of the People , who also came in by Conspiracy and Murder : And ( as it seems probable ) Jeroboam , who made Israel to sin ; for they had sent to him ( at that time , a discontented Fugitive , in Egypt ) and he headed them , in a complaint of Grievances to Rehoboam , which occasion'd the revolt of the ten Tribes ; both which yet , reigned as wickedly , as they entred unjustly , and perish'd miserably . SECTION V. What is here intended by a Supreme Monarchy . The marks of Sovereignty ; as , the Power of making Laws , and exemption from any coactive obedience to them . The Power of Peace , and War , &c. That the Kingdoms of England , &c. are Supreme Imperial Monarchies . Those two marks of Sovereignty , and seven others , prov'd to be no other than what has ever been , the undoubted Right of the Kings of England . The Kings Sovereignty by the Common Law. The like from the Statute Law. Power in Ecclesiasticks . And that they have justly used those Titles of King , and Emperor , and that from ancient times , and before the Conquest . I Have now brought my Discourse whither I first design'd it , and therefore to avoid confusion , which ever attends the being too general , I shall first shew my Reader , what I mean by a Supreme Imperial Monarch , at this day ; and in the next place , prove the Kings of England , &c. are such : And lastly , that however the Emperors of the West and East , have so much striven about that great Title of Emperor , or Basileus , that yet the Kings of England ( as Supreme within their Dominions ) have also and justly from ancient Ages used it , as no less proper to their own independent greatness . As to the first , The Regal Estate and Dignity of a King is of two sorts , The one Imperial and Supreme , as England , France , Spain , &c. who owing no service to the Majesty of another , is his own Master , and hath an absolute Power in himself , no way subject to the controul of another : and of such a one speaks Martial . Qui Rex est , Regem ( Maxime ) non habeat . The other , an Homager , or Feudatary , to another King , as his Superior Lord ; such as that of Navar and Portugal ( of old ) to Castile ; Granada , and Leon , to Aragon ; Lombardy , Sicily , Naples , and Bohemia , to the Empire ; six parts of the Saxon Heptarchy , who acknowledged the seventh , Anglorum Rex primus ; and such was Aella , King of Sussex ; the Kings of Man and others , of whom I shall have occasion to speak hereafter . hereafter . The first of these is what I intend , and will be the better made out , if we cast our eyes a little on the marks of Sovereignty , and then , consider wherein they differ from our own Laws . And amongst others , we find these , 1. The Power of making Laws ; and so what our English Translation calls , Judah my Law-giver , is in the vulgar Latin , Juda Rex meus , Judah my King : This power being one of the principal ends of Regal Authority , and was in Kings , by the Law of Nature , long before Municipal Laws had any Being , the people at that time being govern'd by a natural equity , which by the Law of Nature , all were bound to observe : And so the Poet , — Remo cum fratre , Quirinus Jura dabat populo — The like of King Priam ; — Jura vocatis More dabat populis . — And of Augustus , — Legesque tulit justissimus Auctor . So Cicero speaking of Julius Caesar ( as a Law-giver ) saith thus , Caesar , si ab eo quaereretur quid egisset in Toga , Leges se respondisset multas , & praeclaras tulisse ; Though many yet received Laws , at the will of their Prince ; and thus , Barbaris , pro legibus , semper imperia fuerunt : which word barbarous , at that time , carry'd no disgrace with it , but was apply'd to them , that spoke a strange Language ; And so the Hebrews called the Egyptians ( of all other Nations , the most civiliz'd , and learned ) for that they us'd the Egyptian Tongue , and not the Hebrew , as we have it in the Psalmist , When Israel came out of Egypt , and the house of Jacob ( de gente barbaro ) from a people of strange language . And as they gave Laws to others , so were they loosed from the force of them themselves , i. e. from all coactive Obedience , or Obligation , to any written , or positive Law. Thus M. Antony , when press'd by his Cleopatra , to call Herod in question , answer'd , It was not fitting a King should give an account of what he did in his Government , it being in effect , to be no King at all . And to the same purpose Pliny , Ereptum principi , illud in principatu beatissimum , quod non cogitur . Another mark of Sovereignty is the power of Peace and War , and which , as Bodin says , was never doubted to be in a King. In like manner to create and appoint Magistrates , especially such , as are not under the command of others . The power of the last appeal . To confer Honors . To pardon Offenders . To appoint the Value , Weight , and Stamp of his own Coin , and make Forein Coin currant by Proclamation . To receive Liege Homage of an inferior King. And bear those Titles of Sacred , and Majesty , only proper to Sovereign Princes , apart from all others ; of which you may read at large in Bodin . But I come to the second . That the Kingdoms of England , &c. are a Supreme Imperial Monarchy ; which will the better appear , when by examining those marks of Sovereignty , we find no more in them , than what the Laws of these Realms have ever acknowledg'd , to be the undoubted right of our Kings ; and that , whether we respect the Common Law , Statute Law , or their Power , in Ecclesiasticks . I 'll take my rise from the marks of Sovereignty . 1. The Power of making Laws . The Laws of most Kingdoms ( saith the Lord Bacon ) have been like Buildings of many pieces , patcht up from time to time , according to the occasion , without form or model ; and as to our own , that they are mixt as our Language , of British , Roman , Saxon , Danish , Norman Customs . Edgar the Saxon collected those of his time , and gave them the force of a Fagot bound , which formerly were dispersed . The Danes impos'd upon us their Dane-Law : And the third of that name before the Conquest , Ex immensa Legum congerie quas Britanni , Romani , Angli , Daci condiderunt , optima quaeque selegit , & in unam coegit , quod vocari voluit Legem communem . Some of which bear his name to this day , as Ordain'd by him : After him , William the Conqueror ( whom Polidor Virgil calls our Law-giver ) brought in somewhat of a new Law , as may be seen in this , That tho he made but little or no alteration in the Fundamentals , but formulis juris , he found here , yet , whether it were to honor his own Language , or to shew some mark of Conquest , he set forth his Publick Edicts in the Norman Tongue , and caused our Laws to be written in the same : And likewise , his Justiciaries , Lawyers , and Ministerial Officers , being at that time all Normans , it may be none of the least reasons why all our Pleadings and Entries were in that Tongue , until altered by Statute , That because of the great mischiefs that had hapned to divers by means of the said Laws being written in the French Tongue which they understood not , That therefore all Pleas for the future , should be pleaded in the English Tongue , and enrolled in the Latin , and that we receiv'd our ancient Tenures , from the Normans , is obvious every where . And King John planted the English Laws in Ireland . But to come nearer home , and examin how our present constitutions agree with it ; nor are they other than what has been the Practice of all former Parliaments , wherein , both Houses are so subordinate to the King in the making of Laws , that neither of them singly , nor both of them together , can make any binding Law without the Kings concurrence ; they might in all times ( 't is true ) propose , advise or consent , or , to borrow a Metaphor , Spawn of themselves ; but in the Royal Consent only ( like the male touch ) lay the vis plastica , which gave the Embrion life , and quicken'd it into Laws ; and the reason of it is , because the Legislative Power resideth solely in the King , ut in subjecto proprio , and the consent of the Lords and Commons , is no sharing of that Power ( which is indivisible ) but a requisite condition , to complete the Kings Power : for otherwise , all those Bills that have pass'd both Houses , and for want of the Royal-Assent , lie buried in oblivion , might as occasion serv'd , be rak'd from their forgotten Embers , and set up for Laws . Which also further appears in the several forms of our Kings giving their Royal Assent , as Le Roy voit , Le Roy est Assensus , Le Roy Advisera , &c. and makes good this point , That the Power of making Laws , resides in the King , and that he may , as he sees cause , either refuse or ratifie : And this the Law of Scotland calls , his Majesties best , and most incommunicable Prerogative . And as the Legislative Power resides in the King solely , so also , to him belongs it to interpret those Laws : Si disputatio oriatur , Justiciarii non possunt eam interpretari , sed in dubiis & obscuris Domini Regis erit expectanda interpretatio , & voluntas ; cum ejus sit interpretari cujus est condere ( saith the Lord Ellesmer from Bracton and Britton ) His is the interpretation of the Law , whose is the Power of making the Law. In his recurrendum ad Regem justitiae fontem ; whence he is said to carry all the Laws ( in scrinio pectoris sui ) in his Breast . To give one instance for all , When King Charles the First ( of happy memory ) had just given his Royal Assent , to the Petition of Right , he told the Houses , That his meaning was to confirm all their Liberties , as knowing , that according to their own Protestations , they neither meant , nor could hurt his Prerogative , &c. And on the last day of the Session , before his Royal Assent to the Bills , saying , he would tell them the cause , why he came so suddenly to end that Session , he adds , Tho I must avow that I own an account of my actions to none , but God : And again , charging both Houses , with their Profession , during the hammering that Petition , that it was in no ways to trench upon his Prerogative , saying , they had neither intention nor power to hurt it , he commands them all to take notice , that what he had spoken , was the true meaning of what he had granted , But especially ( adds his Majesty ) you my Lords the Judges , for to you only , under me , belongs the Interpretation of Laws , for none of the Houses of Parliament , joynt , or separate ( what new Doctrin soever may be raised ) have any power , either to make , or declare a Law , without my consent . And as the King is the sole Lawgiver , and Interpreter of that Law when given , so also is he exempt and free from the Law , for as much as concerneth the coactive force of the Law , as being the Head of the Law , and of the Common-wealth , and consequently no man can give Sentence of condemnation against him , if he do any thing against that Law : for besides that every Sentence must be given by a Superior , upon his Inferior : there must be some Supreme , whereunto all are subject , but it self , to none ; because otherwise , the course of Justice would go infinitely in a Circle , every Superior having his Superior , without end , which cannot be : yet admitting it might ; the People cannot do it , for they have no power themselves ; or if they had , are his Subjects : and a Parliament cannot do it ; for besides that they are his Subjects also , and not his Peers , who shall try him ? for he is Principium , Caput , & finis Parliamenti ; and it can neither begin , nor end , without his Presence in Person , or by Representation ; and hence it is , that his Death Dissolves them . Again , if the People may call him to account , the State is plainly Democratical ; if the Peers , it is Aristocratical , if either , or both of them , 't is no way Monarchical , which is directly contrary to the known Laws of the Land , for Omnis sub Rege , & ipse sub nullo , nisi tantum sub Deo ; Every man is in subjection to the King , and he , to none but God ; and so the Oath of Supremacy declares him the onely Supreme Governor of this Realm , of which , more hereafter , when I come to speak of the Statute-Law ; and therefore if the King refuse to do right , seeing no Writ can issue against him , there is a place for Petition , and if that prevail not , Satis ei erit ad poenam ( saith the same Bracton ) quod Dominum habeat ultorem . And with this agreeth that of Horace , Regum timendorum in proprios greges , Reges in ipsos , imperium est Jovis . And in this respect , a Prince is not loosed from the Law , for as much as concerneth the directive Power of it , but having not the Law , becomes a Law to himself , as well knowing , — Observantior aequi Fit Populus , nec ferre negat , cum viderit ipsum Auctorem parere sibi — 2. As to the Power of Peace and War , It is the right of the King ( saith Fitzherbert ) to defend his Kingdom as well against the Sea , as against Enemies ; which implies , that it is his right to defend it against Enemies ; and how can he do it without the right of his Sword , when , if he should be oblig'd to pray in Aid of others , perhaps they may be of another mind , or take up so much time in the Debate that the Kingdom may be lost ere they resolve what to do : And this I take to be one of the effects of Con-si-de-ra-ti-on , in those matters , whose good or ill fortune solely depends on Expedition , and Secresie : for , Dangers , ( as the Lord Bacon saith ) are better met half way , than by keeping too long a watch upon their approaches ; for if a man watch too long , 't is odds he will fall asleep . But to proceed ; Sir Edw. Cooke says , no Subject can levy War within the Realm , without Authority from the King , unto whom it only belongeth ; and that it was High-Treason at the Common Law , before the Statute De proditionibus : And in Calvin's case , he makes it clear , That to make Leagues , or denounce War , only belongs to the King , who without his Subjects , may grant Letters of safe Conduct , and Denization ; and that this high point of Prerogative Royal , cannot be conferred upon any other , it being a right of Majesty , and among the badges of Supreme Power : And now one would think this were enough , and yet a late Statute of this Kingdom makes it yet clearer , it being thereby declared , That the sole Supreme Government , Command , and disposition of the Militia , and all Forces by Sea and Land , and of all Forces and places of Strength is , and by the Law of England ever were , the undoubted right of his Majesty , and his Royal Predecessors , Kings and Queens of England ; and that both , or either of the Houses of Parliament cannot , nor ought to pretend to the same , nor can , nor lawfully may , raise or levy War , Offensive , or Defensive , against his Majesty , his Heirs and lawful Successors , &c. all which is not introductive of a new Law , but declaratory of the old , as may be further seen by the penning thereof . And now what can be added more , but the Purse , without which , what 's the Sword , but ( as the Greek Proverb has it ) A Bow , without a Bow-man ? For in as much as Mony is the Sinews of War , and Peace ( firmamentum belli , ornamentum pacis ) they that hang the Sword on one side , and the Purse on the other , seem to me , to hazard both ; for neither can any sudden danger ( * of which the King was ever thought the Judg ) be stav'd off , nor War carried on , nor the Publick Peace be long preserv'd , without it . And therefore on such occasions have Parliaments advis'd and assisted the King in supplying his Wants , without directing him ; it seeming hard , that he should have Power to Proclaim War , and not be able to maintain it ; and be bound to defend his Subjects , but deny'd the means . Qui dirimit medium , destruit finem . 3. As to the creation and appointing Magistrates , and Officers , especially such as are not under the command of others , this also resides solely in the King ; for , besides what I have said in the last Paragraph , touching his sole Power , in the ordering and disposing the Militia , and all Forces by Sea , and places of Strength by Land , His is the appointing , all the great Officers , and Ministers of the Realm , whether Spiritual , or Temporal ; the highest , immediately by himself ; the inferior , mediately by Authority derived from him , and as it were , — De lumine , lumen . So the King appoints the Lord Commissioner and all other the grand Ministers and Officers of Scotland ; and the Lord Lieutenant , Lord Deputy , Lords Justices and all other the grand Ministers and Officers of Ireland , who also ( but in his Kings name ) appoint under him , according to the extent of their respective Commissions ; so the Kings of England have , and may at this day by Letters Patents make a Prorex , Locum tenens , or Guardian of the Realm , before whom ( in their absence in remotis ) a Parliament may be held : And such was Edward Duke of Cornwal , 13 Edw. 3. Lionel Duke of Clarence , 21 Edw. 3. John Duke of Bedford , 5 Henry 5. And the Test of the Writ of Summons shall be in the Guardians name : or , by Commission under the great Seal , to certain Lords of Parliament , authorise them to hold a Parliament , the King being then in the Realm , but indisposed : and such was that 3 Edw. 4. to William Lord Arch-Bishop of York ; and that other 28 Eliz. to John Lord Arch-Bishop of Canterbury and others , ad inchoandum , &c. & ad Procedendum , &c. & ad faciendum omnia & singula , &c. nec non ad Parliamentum adjournandum , & Prorogandum , &c. And so are Parliaments held in Scotland , and Ireland , before the Lords Commissioners , Lord Lieutenant , Lord Deputy , &c. of the respective Kingdoms . 4. The Power of the last Appeal , i. e. from whose Sentence , no Appeal lies : The only person ( besides the Kings of England ) that ever pretended to it here , was the Pope ; tho yet , the first attempt ever made that way , was by Anselme Arch-Bishop of Canterbury , in the Reign of King William Rufus , but it took no effect : And the Arch-Bishop , concerning himself too much , touching the Jurisdiction of the Pope in England , the King told him , Ad Officium Imperatoris spectat , &c. That it belong'd to the Emperor to make whom he pleas'd Pope , and that for the same reason , no Arch-Bishop , or Bishop within his Realm , should yield any subjection to the Court , or Pope of Rome , and chiefly in this respect ( cum ipse omnes libertates haberet in regno suo , quas Imperator vindicabat in Imperio ) That he had the same Prerogative in his Kingdom , that the Emperor claim'd in the Empire : And when Pope Innocent the Third , had against the declar'd will of King John , caused Stephen Langton to be Elected Arch-Bishop of Canterbury , and after that confirm'd him , and wrote to the King to receive him , the King returns , that he ( the Pope ) had subverted the Liberties of his Crown , and that therefore he would prohibit all People going to Rome , and from making appeals thither : which confirms my former instance , and that this Power was always in the King , however for a time it might have happen'd to be neglected ; for otherwise , it had been a vain thing in him , to have expell'd the Monks of Canterbury as Traytors ( which he actually did ) or to have imagin'd , that a Bigotted , Seditious Clergy ( as at that time they were , and to be headed by that Arch-Bishop , at least no friend to the King , if not his Enemy ) should be frighten'd with an empty Bug bear , touching a matter whereof he had no cognisance , had he not been satisfi'd , it was in his Power to do it ; as well as his Father before him , had done it . And having thus occasionally nam'd him , let me ( with all submission ) offer this to the memory of that unfortunate Prince ; that his designs , in order to the freeing the Crown from Forein usurpation , were mighty , and , that he came short , in what Henry the Eighth afterwards effected , was not , that he was less able , but his times worse : for considering the unsettled condition of those times , and at what disadvantages he came in , what wonder if he were oppress'd by a Faction , when deserted by his Subjects , who otherwise , had never suffer'd him to have made that Crown ( to the defence of which , they had all sworn ) tributary , which , many years afterward , when the Arrears of that Tribute were demanded , was too late , tho effectually enough , declar'd in Parliament , he could not do , nor they consent to the doing it . But to proceed : When after this the Sea of Rome , would be yet intermedling , it was by all the States of Parliament , severally examin'd , and answering , each State , one by one , personally for it self , unanimously Declar'd , That the Pope's awarding any Processes , or Sentences of Excommunication , &c. against any Bishops , or other Spiritual Persons , for executing Judgments , given in the Kings Courts , was clearly in derogation of the Kings Crown , and Regality , used , and approved , of the time of all his Progenitors , and which they would maintain as they were bound , by their Liegance : and thereupon Enacted , That the purchasing any Bulls , from Rome , or elsewhere , shall be a Premunire : In which it is observable , That as the Judges before that time , were for the most part , Church-men , the Laity being not yet come up to Letters , or where they were , Rari nantes in gurgite vasto , The Lords Temporal , and the Commons of this Parliament , were all Romanists , and of what Persuasion the Lords Spiritual ( and their Assistants the then Judges ) were , I leave to every man , the question at that time being not , matter of Religion , but right of Superiority : not the Church , but Court of Rome : And so Sir E. Cooke speaking of the first Article of the Statute of 25 H. 8. concerning the Prohibition of Appeals to Rome , saith , it is but declaratory of the ancient Law of this Realm : And ( in another place ) The same Authority that the Pope ever exercised in this Kingdom by Usurpation , was always in the King , de jure . With which also agrees the Lord Chief Justice Hobart , That whatsoever the Pope did in this Kingdom , even then when he was in his greatest height , and strength , was of no better force , in right , and justice , than at the first , when he was but simple Bishop of Rome , which was coram non Judice , and so , Jus non habenti , tuto non paretur . 5. The Power of conferring Honors ; on which account he may also enable a man to assign his Surname , Arms , and Barony to another : For , as by the Laws of England , all Lands within the same , were originally derived from the Crown , and holden of the King , either mediately , or immediately , as Lord Paramount , so also by the same Laws were all degrees of Nobility and Honor derived from the King , as the Fountain of Honor. So H. 6. granted to H. Beuchamp , Ut esset primus & praecipuus Comes Angliae ; and that he should use the Title of Henricus Praecomes totius Angl , &c. ibid. 361. First Earl of all England , &c. And to the name Count , or Earl , which was the most ancient name of Dignity among the Saxons , Edw. 3. Ang. Greg. 11. created the Title of Duke , as distinct from that of Earl ( for in elder times they were oft synonimous with us ) and created his eldest Son ( the Black Prince ) then Earl of Chester , into the Title of Duke of Cornwal , which he created into a Dutchy : and about the 18th . of his Reign , the most noble Order of the Garter . And in the 9th . of R. 2. Robert de Vere , Earl of Oxford , was created Marquess of Dublin . And H. 6. the 18th . of his Reign , created John Lord Beaumont , Viscount Beaumont ; of which Titles we find no mention in the Magna Charta , 9. H. 3. for they were not at that time in being . And to this yet further , the Kings of England have , and may at this day create a County-Palatine , which none but the Emperor , or a Supreme Monarch may do : for whoever is owner thereof , hath in that County , Jura Regalia , as fully , as the King in Palatio , — Par curis , solo diademate dispar . So Hugh Lupus , Nephew of King William the Conqueror , was by him created Earl of Chester , and the County given him , Tenendum sibi & haeredibus ita libere ad gladium sicut ipse Rex tenebat Angliam ad Coronam ; by which general words he had Jura Regalia within the said County , and consequently a County-Palatine without express words ; and by force thereof he created eight Cheshire Barons . So not long after his time was the County-Palatine of Durham raised . And in the 10th . of H. 1. the Royal Franchise of Ely. In the 13th . of Edw. 3. the County-Palatine of Pembroke . And in the 50th . year of his Reign the County of Lancaster was by him erected into a County-Palatine , and by him given to his fourth Son , John of Gaunt , then Duke of Lancaster , for life : to which , if any one shall say , that it was De assensu praelatorum & procerum , Sir Edw. Coke answers for me , That the King may make a County-Palatine , by his Letters Patents , without Parliament . Add to this the three first Counties-Palatine created in Ireland , by Henry the Second , viz. Leinster , which he granted to Earl Strongbow , who had married the Daughter and Heir of M. Morough , Prince of Leinster . 2. Meath , to Sir Hugh Lacy the Elder . 3. Ulster , to Sir Hugh Lacy the younger , and had their Barons under them , answerable to the Barons created by H. Lupus : of which before . Of which you may read excellent Learning , in the Case of the County-Palatine of Wexford , reported by Sir John Davys , at that time Attorney-General of Ireland . As also the County-Palatine of Tipperary , formerly enjoy'd by the Ancestors of his Grace , James Duke of Ormond , &c. the present Lord Lieutenant of the same , and granted , restored , and confirm'd to him , by Letters-Patents at Westminster , the 22. of April , in the 14th . of this King , and not long afterward , confirmed by Act of Parliament in Ireland ; and whence also he bears it as a part of his Titles , Dominus Regalitatum & Libertatum Comitatus Palatini Tipperarii . Nor is this all , The Kings of England have created Kings within their own Dominions , and for such has the world received them : So King Henry the Second , in the 13th . year after his coming into Ireland , made his Son John , King of Ireland . And Henry the Third his Son Edward the First , Lord of Ireland , and well own'd the doing it , albeit until the 33 Henry 8. they wrote but Lords themselves ; for their Dignity was merely Royal , as having their Justices , Custodes , or Lord Lieutenants , and all things belonging to the Royal Estate and Majesty of a King. And Sir Edw. Cooke tells us he has seen a Charter made in 20. H. 6. to Henry Beuchamp Earl of Warwick , whereby he was created King of the Isle of Wight , and ( as saith Mr. Selden ) Crowned King of the same . 6. The Power of Pardoning , which is a Royal Act of Grace , whereby the King , either before Conviction , Sentence , or Attainder , or after , forgiveth any Crime , Punishment , Execution , Right , Title , Debt , or Duty Temporal , or Ecclesiastical : on which account he may restore a man that has lost Liberam Legem , by being recreant : As also , all that is forfeited to him by Attainder , &c. he may restore by his Charter ; but if by the Attainder the Blood be corrupted , that must be restored by Act of Parliament ; of which , more at large in Sir Edw. Cooke , Titles , Pardons , and Restitutions . 7. To appoint the Value , Weight , and Stamp of his Coin ; and make Forein Coin currant by Proclamation . As to the first , we need go no farther than the smallest Piece , and that will tell us whose Image and Superscription it is , and therefore called the Kings Money ; and so King John brought the Irish Mony to the English Standard : And as to the other , the same Sir Edw. Coke tells us , That the King , by his absolute Prerogative , may make any Forein Coin , lawful Mony of England , at his pleasure , by his Proclamation . And in another place , putting both together , he says , That lawful Mony of England is of two sorts , viz. The English Mony either of Gold , or Silver , Coined by the Kings Authority , or Forein Coin , by Proclamation made currant within this Realm . 8. To receive Liege Homage of another inferior King or Homager : and such was our Henry the Second to the old Kings of Ireland , who are stiled Reges , & Reguli ; and may more particularly appear in a grant of his to Roderick King of Connaught , that he should enjoy his Territory , under a certain Tribute , Et quam diu ei fideliter serviet , ut sit Rex sub eo Paratus , ad servitium suum , sicut homo suus : And that Oneale is sometime stiled Rex , and sometime Regulus , denotes the Subject-Kings of that Country : And long before the Conquest , Edgar had eight Reguli or inferior Kings , Homagers to him , who at one time row'd him on the River Dee , himself guiding the Helm , and afterwards , glorying to his Nobility , that then every one of his Successors might boast himself to be King of England , when he receiv'd the like Honor from so many Kings his Attendants . So Reignald Lord or King of Man ( Cui etiam fas erat Corona aurea Coronari ) and those of Ireland , did Homage to our Henry the Third . And John Baliol King of Scotland , and David Prince of Wales , to Edw. the First , and James the First , to Henry the Sixth , for the Kingdom of Scotland . So that Liege-Lord , is he that acknowledgeth no Superior ; and a Liegeman is he that oweth Liegance to his Liege-Lord ; and so the word is frequently us'd in our Statutes , viz. The Kings Liege-People : And if such a one shall be in open War , or Rebellion , or joyn with a Forein Enemy against the King , he shall not be ransom'd , or proceeded with as an Enemy , but as a Traytor , because it is Contra Ligeantiam suam debitam , and so the Indictment runs : Such was the case of David Prince of Wales aforesaid , who had judgment of Treason given against him , for levying War against Edw. 1. for that his was within the Homage and Ligeance of the King. 9. Lastly , to bear those Titles , only proper to Sovereign Princes , apart from all others , as being indivisible , and incommunicable : And here ( not to insist on the words Dei gratia , which are familiarly seen in the Titles of the Kings of Europe , and Princes of the Empire , Spiritual Lords , both abroad , and at home , have of elder times frequently us'd it in their Stiles , and in a Summons to our Parliaments , and Writs , to Assemble , or Prorogue the Convocation , the King gives it to the Arch-Bishops , as , Rex &c. Reverendissimo in Christo Patri , Predilatoque , & fideli Consiliario nostro , A. eadem Gratia , Archiepiscopo Cant. &c. But in Warrants , and Commissions to them , it is generally omitted ; and never us'd by themselves , when they wrote to the Pope , Emperor , or a King ; but thus : A. licet indignus , &c. Archiepiscopus , or Episcopus B. &c. whereby the present use of it among our selves , is easily reconcil'd , in that they receive the Attribute , not give it . The Kings of England , are in the second , and third person , commonly stiled , by that abstract of Majesty ; as , your Majesty , his Majesty ; which came into the Kingdoms of Christendom , from the use of it in the Roman Empire ; the word in it self , denoting all kind of special Dignity , and , if as we should say in English , A Greatness ; And to peruse our Statutes , from Magna Charta , to our own time , the most usual expressions are , Our Lord the King , The King our Sovereign Lord , Most Excellent Highness , Royal Majesty , Noble Grace , Most Excellent Majesty , Most Royal Majesty , Dread Sovereign Lord , Most Gracious Sovereign , and as we use it now , Most Excellent Majesty , and Sacred Majesty , which are but the same Attribute , in other words , and in their own nature , so unalienable from Sovereignty , that they can by no process of time be Prescrib'd against , or usurp'd upon : neither can it at all be call'd an Usurpation , as if it were , proper only to God , unless we as well deny Wisdom , Power , Clemency , or any other quality to be attributed to men , because those also , as all else , which is great , or good , are Primarily in him . And so I have done with the marks of Sovereignty , as they are generally receiv'd ; and now if there wanted any thing to the further proof of this Sovereign Imperial Monarchy , There are yet , other Regalities , and Prerogatives , which the Common Laws of England have ever allowed , and never doubted , but to be inherent in their Kings . And hence it is , that the King cannot be said to be a Tenant , because he hath no Superior but God Almighty : And if the King and a common Person joyn in a Foundation , the King shall be the Founder ; for the thing being entire , the Kings Prerogative shall be preferr'd . That he shall have the Escheat of all Lands whereof a person attaint of High Treason was seiz'd , of whomsoever they were holden . That there is no Occupant against the King , nor shall any one gain his Land , by priority of Entry ; for , Nullum tempus occurrit Regi , That half Blood is no impediment to the descent of the Lands of the Crown ; as was seen in the Case of Queen Mary , who was but of half Blood to King Edward 6. and Queen Elizabeth to both : for the quality of the Person alters the Descent . That the accession of the Crown purges all Attainders , as may be seen in the respective Cases of Henry 6. and Henry 7. whose Attainders , were no other than a present disability , which upon their assuming the Royal Dignity , were ipso facto void . That the word King imports his Politick Capacity , which is never in minority , and never dies , but extends to all his Successors , as well Kings , as Queens . That he is King before Coronation , for besides that the Law suffers no interregnums , he holds it by inherent Birth-Right , the Coronation being but a Royal Ornament , and outward Solemnization of the Descent ; and not unlike the publick Celebration of Matrimony , between a Man and a Woman , which adds nothing to the substance of the Contract , but declares it to the world . That the Ligeance of his Subjects is absolute , and indefinite , and due to the natural Person of the King , by the Law of Nature , which is immutable , and part of the Law of the Land , before any Municipal , or Judicial Law ; and , that an Act of Parliament cannot bar the King of the Service of his Subject , which the indelible Law of Nature gave him , it being a part of the Law of the Land , by which , subjection is due to him . And therefore the Statute , That no man , notwithstanding any non obstante , shall serve as Sheriff , above one year , bars not the King from dispensing with it . And William Lord la Ware , altho disabled by Act of Parliament , was nevertheless called to Parliament , was nevertheless called to Parliament by Queen Elizabeth , by Writ of Summons , for she could not be barr'd of the Service , and Counsel of any of her Subjects . Add to this , That all Restrictions upon his Sovereign Liberty , are void , and therefore Publick Notaries made by the Emperor claiming to exercise their Offices in England , were prohibited , as being against the Dignity of a Supreme King. And with this agrees the Statute-Law of Scotland , made in the Parliament of the 5th . of King James the Third ; cap. 3. In short , when King John had subjected his Crowns of England and Ireland , to Pope Innocent the Third , and had become his Feodary , under the annual Acknowledgment of one thousand Marks to the Pope , and his Successors , and when afterwards the Arrearages thereof were demanded , the Parliament of that year answered , That no King can put himself or his Realm in Subjection , without their Assent : And how far that Assent reach'd , we have it in the 42 of Edward the Third , where , in full Parliament , it was further declar'd , That they could not Assent to any thing in Parliament , that tended to the Disinherison of the King , or his Crown , whereunto they were Sworn : which is no more , than what the Statute that prescribes the Oath of the Kings Justices has in it , viz. Ye shall not Counsel , nor Assent to any thing that may turn him ( the King ) in Damage , or Disinherison ; by any manner , way , or colour . And to the same effect , are the several Oaths of the Lord Chancellor , and Lord Treasurer ; You shall not know nor suffer the Hurt , or Disinheriting of the King , or that the Rights of the Crown be decreased , by any means , as far as you may lett it . In a word ( to omit many others ) All such things , whereof no Subject can claim Property , as Treasure-trove , Wreck , Estrays , &c. belong to the King by his Prerogative , which extends to all Powers , and Preheminences , which the Law hath given the Crown ; and is a principal part of the Law of the Land , and is called by Bracton , Libertas , & Privilegium Regis , both words signifying the same thing , i. e. The Kings Prerogative . And by Britton , Droit le Roy , The Kings Right . And in the Register , Jus Regium , which is the same ; and Jus Regium Coronae , The Royal Right of the Crown : And since it has not been wound up so high , as to endanger the strings , what reason is there to wish it let down so low , as to render it profanable by the People ? When the Philistines return'd the Ark of God which they had taken , the men of Beth-Shemesh must be prying into it ; and he that has a mind to know the effect of their curiosity , may read it in Samuel , God slew one hundred and fifty thousand of them . But enough of the Common-Law ; we 'l in the next place consider , what the Statute-Law in further affirmance of the Common-Law , saith to this matter : And here , it cannot be thought ( saith Sir Edw. Coke ) that a Statute , made by the Authority of the whole Realm , will recite a thing against the Truth . I 'll begin with that of Richard 2. commonly call'd the Statute of Premunire , in which it is declared , That the Crown of England hath been ever so free , that it is in no earthly subjection , but immediately subject to God , in all things touching the Regality of the same Crown , and to none other . In like manner the Statute of H. 8. against Appeals to Rome , saith , That by divers sundry old Authentick Histories , and Chronicles , it is manifestly declared , and expressed , that this Realm of England is an Empire , and so hath been accepted in the world , governed by one Supreme Head , and King , having the Dignity and Royal Estate , of the Imperial Crown of the same , unto whom , a Body Politick , compact of all sorts and degrees of people , divided in terms , by names of Spiritualty , and Temporalty , have bounden , and owen to bear , next to God , a natural , and humble Obedience . And near the middle of the said Statute , it is further called the Authority , and Prerogative of the said Imperial Crown . And in the 25 of the same , it is called , The Imperial Crown , and Royal Authority , recognising no Superior under God , but only your Grace . And in the following Chapter , besides the frequent use of the word Imperial , the Kings thereof are stiled , Kings , and Emperors of this Realm . And in another of the same Kings , it is called , The most Royal Estate of your Imperial Crown , of this Realm ; and the same word Imperial , made use of ten other times , in the same Statute , to the same purpose . And with this agrees the Statute of Ireland , where in express words also , the Kings of England are entituled , Kings and Emperors of the Realm of England , and of the Land of Ireland ; and that too , five years , before the Title of Lord of Ireland was altered into King : And by the Act that so alter'd it , it is called The Majesty , and State of a King Imperial . And so in the first of Qu. Eliz. ( English ) in which the Oath of Supremacy was enacted , the Crown of this Realm is three times called Imperial : And in the third Chapter of the same year , as often . And in the 5th . of the same Queen , ( that requires all Ecclesiasticks , Graduates in any University , or Common-Laws , Officers of Court , Attorneys , every Member of Parliament , under the degree of a Baron , to take the said Oath of Supremacy , before he enter the House , or such Election to be deemed void ) calls it The Dignity of the Imperial Crown . And the Act of Recognition of King James , uses the same expression of Imperial , four times . And upon a like ground , of mere Supremacy , was that Act of Scotland , before the Union of the Crowns , wherein 't is said , Our Sovereign Lord , his full Jurisdiction , and free Empire , within this Realm . ( Scotland ) And the late Oath , or Test , prescribed to be taken by all persons in Publick Trust in that Kingdom , declares the Kings Majesty the only Supreme Governor of that Realm , over all persons , as well Ecclesiastical as Civil . And the Act of acknowledging and asserting the right of Succession in that Kingdom , calls it the Imperial Crown of Scotland . In all which matters I have been the more particular , that I might the better evince my Reader , that this Independent Sovereignty , and Supremacy of the Kings of England , &c. has not been the opinion of any one time , but the general consent of all ; and that our Kings , hold their Crowns in chief , from God , and owe no precarious acknowledgments , to the courtesie of the People . Nor is the Kings Immediate , Personal , Originary , Inherent Power , which he executes , or may execute ( Authoritate Regiâ Supremâ Ecclesiastica ) as King , and Sovereign Governor of the Church of England , to be less consider'd , it being one of those flowers which make up his Crown , and preserve it in verdure : And here , I question not but it will be granted , that the King is the Supreme Patron , of all the Arch-Bishopricks , and Bishopricks of England , as being all founded by the Kings of England , to hold Christi Baroniam ( excepting that of Soder , in the Isle of Man , which was instituted by Pope Gregory the Fourth , and may perhaps be the reason , why the Bishop thereof , hath neither Place , nor Voice in the Parliament of England ) and so , were at first donative , Per traditionem annuli , & baculi Pastoralis , by the delivery of a Ring , and the Pastoral Staff , or Crosier . And the Bishop of Rome persuading Henry the First to make them Elective , by their Chapters , refused it ; But King John by his Charter recognising the Custom , and Right of the Crown , in former times , by the common consent of his Barons , granted , that they should be eligible ; as least doubting , he had so far lockt up himself , as that he might not be receiv'd , to disapprove , or allow : for before that , I find , That when he had given a Conge d' eslier to the Monks of Canterbury , to Elect an Arch-Bishop , and Pope Innocent the Third , notwithstanding the Kings desires of promoting the Bishop of Norwich to it , ( whom also , they had Elected ) had under a Curse commanded them , to choose Stephen Langton , with which , for fear of Excommunicacation they comply'd , the King banishes the Monks as Traytors , and writes to the Pope , that he had subverted the Liberties of his Crown : by which it appears , that he lookt upon himself , as the Supreme Governor of the Church of England , and that no Arch-Bishop , or Bishop , could be put upon him , without his consent : and what advantage the Kingdom got by this Usurpation , may be gather'd from the effects , when , after a more than six years Jurisdiction , the King Depos'd , and a free Crown put in Vassalage , it only open'd a way to those future Broils , between him , and his Barons , which lasted all his time , and wanted no fuel to feed 'em , till towards the latter end of his Son , men began to stand at gaze , and as infatuated , or startled at they knew not what , thought it more safety to look on , than lend a hand to master it : nor had they fully resolv'd what to do , until the Pope having demanded Homage of Edw. 3. and the Arrears of one thousand Marks per ann . for the Kingdoms of England , and Ireland , ( which had been also demanded in the 3 of Edw. 1. and in case of non-performance , threatned to make out Process against the King and Kingdom , then at last , the scales fell from their eyes , and as men got out of a dream , they began to consider what they had startled at , and as an argument of their recovered Senses , the Lords Spiritual by themselves , the Lords Temporal by themselves , and the Commons by themselves , unanimously resolv'd , and declar'd , That the King could not put Himself , his Realm , or his People in subjection , without their Assent ; and albeit it might , it is ( as saith Sir Edw. Coke ) Contra Legem & consuetudinem Parliamenti , contrary to the order , and custom of Parliament , because it is a disherison of the King , and his Crown : after which , to avoid all further dispute , the manner and order of Election of Arch-Bishops , and Bishops , and all things relating thereunto , is setled by Statute , viz. 1. Negatively , That no one thereafter be Presented , Nominated , or Commended to the Sea of Rome , for the Dignity or Office of any Arch-Bishop , or Bishop within this Realm , or any other the Kings Dominions . 2 , Affirmatively , That at every avoidance of any Arch-Bishoprick or Bishoprick ( as before ) the King our Sovereign Lord his Heirs and Successors , may grant to the Dean and Chapter of the Cathedral Churches where the Sea of such Arch-bishoprick , or Bishoprick shall happen to be void , a License under the Great Seal , as of old time hath been accustomed to proceed to Election of an Arch-Bishop , or Bishop , of the Sea so being void , with a Letter missive , containing the name of the person which they shall Elect or Choose , by virtue of which , they elect the said person , &c. or in case of refusal incur the Penalties of a Premunire . So that upon the whole , the Election ( in effect ) is but a matter of form , it is the Kings meer Grant which placeth , and the Bishops Consecration , which maketh a Bishop : Neither do the Kings of this Land use herein , any other , than such Prerogatives , as Forein Nations have been accustomed unto . Or otherwise , what made Pope Boniface , solicit the Emperor Honorius , to take order , that the Bishops of Rome , might be created , without ambitious seeking of the Place . A needless Petition , if so be the Emperor had no right , in placing of Bishops there . Of which , there are several other instances , in a piece of Mr. Hookers , touching the Kings Power in the advancement of Bishops . In short , if before that Act of Hen. 8. a Bishop in England had been made a Cardinal , the Bishoprick became void , but the King should have nam'd the Succsseor , because the Bishoprick is of his Patronage . And as to the Arch-Bishops , and Bishops in Ireland , the respective Chapters ( of ancient time ) upon every avoidance , sued to the King in England , to go to the Election of another , and upon certificate of such Election made , and the Royal Assent obtain'd , a Writ issued out of the Chancery here , to the Lord Chief Justice of Ireland , or the Lieutenant , rehearsing the whole matter , and commanding him to take fealty of the Bishop , and restore him to his Temporalties : But now the course is , that such Writs are made in Ireland , in the name of the King , who nominates the Arch Bishops and Bishops there , as he doth in England , and then the Chapter choose him whom the King names to them , and thereupon the Writs are made of course . Nor were the Kings of England , even in those times , excluded , but still acknowledg'd to have Power of Dispensation , and other Ecclesiastical Acts. And therefore as he first gave Bishopricks and Abbeys , and afterward , granted the Election to Deans , and Chapters , and Covents ; so likewise might he grant Dispensation to a Bishop Elect , to retain any of his Dignities , or Benefices in Commendam : and to take two Benefices ; and to a Bastard , to be a Priest : And where the Statute 25 H. 8. c. 21. says , That all Dispensations , &c. shall be granted in manner and form following , and not otherwise ; yet the King is not thereby restrain'd , but his Power remains full , and perfect , as before , and he may still grant them as King ; for all acts of Justice and Grace flow from him : and on this account also , he can pardon any Ecclesiastical Offence ; as Heresie ( for example ) is a cause merely Spiritual , or Ecclesiastical , and yet the King may pardon one convict of Heresie . And as the King may dispense , or pardon , so also does that Supreme Power enable him to several other things relating to Church-matters , which pertain not to another . He may found a Church , Hospital , or Free Chappel Donative , and whether he specially exempt the same from ordinary Jurisdiction , or not , his Chancellor , and not the Ordinary shall visit it : and he may by his Charter license a Subject to found such a Church , or Chappel , and to ordain that it shall be Donative , and not Presentable ; and to be visited by the Founder , and not by the Ordinary . And thus began Donatives in England , whereof Common Persons were Patrons . So he shall visit Cathedral Churches ( by Commissioners ) Sede vacante Archiepiscopalii : He may also revoke before Induction , by presenting another , for the Church is not full against the King , till Induction : And therefore if a Bishop Collates , and before Induction dies , by which means the Temporalties come into the Kings hands , the King shall present to the avoidance , for the same reason . In short , He is the Supreme Ordinary , and on that account may take the resignation of a Spiritual Dignity . Neither did the Abbots and Priors in Edward the Fourths time think him less , when they stile him Supremus Dominus noster Edwardus 4. Rex ; which agrees with the Laws before the Conquest in which the King is called Vicarius summi Regis , The Vicar of the highest King. And albeit , Ecclesiastical Councils , consisting of Church-men , did frame the Laws , whereby the Church Affairs were ordered in Ancient times , yet no Canon , no not of any Council , had the force of Law , in the Church , unless it were ratifi'd , and confirmed by the Emperor , being Christian : In like manner , our Convocations ( that assemble not of themselves , but by the Kings Writ ) must have , both Licence to make new Canons , and the Royal Assent to allow them , before they can be put in Execution ; and this , by the Common Law : for , before the Statute 25 H. 8. c. 19. A Disme ( i. e. the Tenths of all Spiritual Livings , in ancient times paid to the Pope ) granted by them , did not bind the Clergy , before the Royal Assent . In a word , the King may make orders for the Government of the Clergy without Parliament , and deprive the Disobedient . And the Act for suppressing Seditious Conventicles , has a saving to his Majesties Supremacy in Ecclesiastical Affairs . And so ( I hope ) I have clear'd this point , That the Kingdom of England , &c. is a Sovereign Imperial Monarchy , of which , the King is the only Supreme Governor , as well in all Spiritual , or Ecclesiastical Things , or Causes , as Temporal . It remains now that I shew , That however the Emperors of the West , and East have so much striven , about that great Title of Emperor , or Basileus , that yet the Kings of England ( as Supreme within their Dominions ) have also justly used it , and that from ancient Ages , as no less proper to their own independent greatness . And here , amongst many others , we have Edgar frequently in his Charters , stiling himself , Albionis , & Anglorum Basileus , King of Britain , and the English. And in one of his , to Oswald Bishop of Worcester , in the year 964. and of his Reign the sixth , Ego Edgarus , Anglorum Basileus , omniumque Regum , Insularum , Oceanique Britanniam circumjacentis , cunctarumque Nationum quae infra eam includuntur , Imperator , & Dominus , &c. I Edgar King of the English , and of all the Kings of the Isles , and the Ocean lying round Britain ( i. e. England , Scotland , and Wales ) and of all the People therein , Emperor , and Supreme Lord ; for , the word in this place , bears no less , as I have shewn it before , in the Word , Lord of Ireland . Wherein it is observable , that as long since as it is , that yet the King of England , or Britain , was Lord , and Emperor of the British Sea ; which agrees with that of one of his Successors ( Canutus ) when sitting in a Chair , by the South Shore , he used these words to the Sea , Tumeae ditionis es , & terra in qua sedeo , mea est ; Thou art of my Dominion ( or Empire ) and the Land whereon I sit , is mine ; as taking it clearly , that he was the Supreme Lord , and Emperor of both : whence also , it is affirm'd by Belknap ( one of the Justices of the Kings Bench 5 R. 2. ) That the Sea , is of the King Ligeance , as of the Crown of England . So that Edward his Son , in a Charter to the Abbey of Ramsey , Ego Edwardus , totius Albionis , Dei moderante gubernatione , Basileus ; I Edward by the Guidance , or Assistance of God , King of Britain . And Edwine , in a Charter of his to the Abbey of Crowland , is stiled , Edwinus Anglorum Rex , & totius Britanniae telluris , Gubernator & Rector ; Edwine King of the English , and of all the British Land , Director , and Governor . In like manner Ethelred , in a Charter of his to the Church of Canterbury , stiles himself Angligenum , Orcadarum , necne in gyro jacentium , Monarchus , Monarch ( or sole Governor ) of the English , the Isles of Orkeney , and all that lie within that Circuit : but subscribes it , Ego Aethelredus , Anglorum Induperator , &c. I Ethelred Emperor of the English. And besides what I said before of King William Rufus , that said he had the same Prerogatives in his Kingdom , as the Emperor claim'd in the Empire , in a Charter of his to the Monastery of Shaftsbury , he says , Ego Willielmus Rex Anglorum , anno ab incarnatione 1089. secundo anno mei Imperii . I William King of the English , in the year of our Lord 1089. and of my Empire the second . And now having brought it thus far , I shall in the next place examin the unreasonableness of that new Notion , that the King is one of the three Estates , and doubt not but to prove the contrary , to any man but him , who will not be persuaded , tho you shall have persuaded him . SECTION VI. That the King is none of the Three Estates ; in which , two preliminary Objections are examin'd by Reason ; and answered by the manner of the Three Estates applying to him . What the Three Estates are . To presume him one of them were to make him but a Co-ordinate Power . The King cannot be said to Summon , or Supplicate himself . How will the Three Estates be made out , before the Commons came in ? With a short Series during the Saxons to the latter end of Henry III. in all which time they are not so much as nam'd as any constituent part of a Parliament , And the time when probably they first came in , to be as they are at this day , one of the three Estates . That the Lords Temporal were never doubted but to be an Estate . Four reasons offer'd , that the Lords Spiritual , are one other Estate , distinct from the Lords Temporal , and one Act of Parliament , in point : With other Authorities to prove the Assertion . THose that would have the King one of the Three Estates , say , That our Government is a kind of mixt Monarchy , inasmuch , as in our Parliaments , the Lower House ( as representing the Commons ) bear a semblance of a Democracy ; and the Lords , of Aristocracy : And others , That the King , Lords , and Commons ; who as Assembled joyntly , to the end of Legislation , as one Corporation , ( and no otherwise ) are the Law-giver . We 'll examin it by reason , which — Neque decipitur , nec decipit usquam , and only commands belief , when all things else beg it . And here , to come as near the wind as I can , that I may the better get up with them ; admitting the semblance , but not granting the thing , what does this make for them , or serve to prove , that yet the Government is not a free Monarchy ? because the Supreme Authority ( as I said ere while ) resteth neither in the one House , or the other , either joyntly , or severally , but solely in the King , at whose pleasure they are assembled , and without whose Royal Assent , they can make no Law , to oblige the Subject . And therefore not denying Bodin's distinction , of a Lordly Monarch , a Royal Monarch , and a Tyrannical Monarch , which relateth only to the Power , and Practice of the Monarch ; yet the distinction of a Supreme , and mixt Monarchy , which designeth the manner of the Government , is a contradiction in Terminis ; because that Government which extendeth it self to more than one , can never be a Monarchy ; as is obvious to every one , that understandeth the word Monarchy , and was never heard of in our Land , till the men of our late times , instead of suppressing Idolatry , &c. had fram'd a new Idol of their own , and having made it as gay as they could , set it up , to be ador'd by the Multitude , always prone to admire every thing , they least understand : And what must the consequence of it be ? but that the Government , must be partly Monarchical , partly Aristocratical , and partly Democratical , which are in themselves contrary , and to be governed , by contrary Laws ; and if it be impossible to make any good , out of two extremes ( as Monarchy , and Democracy are ) what then shall be made of three , confounded among themselves ? or how can it be that Sovereignty ( a thing indivisible ) can at one and the same time , be divided , between one Prince , the Nobility , and the People , in common , and not to be altogether , a State Popular ; or at best a Venetian Republick , wherein albeit there be but one Duke ( and He for life ) yet , his person being not invested with the Supreme Power of Government , he is in effect , but — Magni nominis umbra . And as to the other , That the King , Lords , and Commons as one Corporation ( and no otherwise ) are the Law-giver ; here , I take the King to be in a worse condition ; for , tho to the making of an Act , the concurrence of both Houses is necessary , yet of no effect , if the King disapprove : yet , the Case of a Mayor , Aldermen , and Burgesses ( or whatever other the stile of the Corporation be ) is wholly different ; for they , meeting together ( by the Princes grant ) in a kind of Democratical Common Council , for the better Government of the place where they reside , order every thing , by most Voices , wherein the Mayor himself , has but one , and is concluded by the greater number ; but the King , having no Voice ( nor any one to represent him ) in the discussive part of any Act , cannot be said to give his Royal Assent , as one of the Corporation , but by his inherent Legislative Prerogative : and how improper the contrary is ; will further appear , in that a Common-Council , put what By-Laws they please , upon the Mayor , as long as they are not contrary to the Law of the Land , because he has no negative upon them . But in case of a Sovereign , the first mark of it ( as I have shewn before ) is the Power of making Laws ; now , who should those Subjects be , that should yield Obedience to that Law , if they also had the Power to make Laws ? or who should that Prince be , that could give the Law , being himself constrain'd to receive it of his Subjects , unto whom also , he gave it ? A thing , not only incompatible , but even absurd , from every days Practice and Experience : for , do not the Three Estates of this Kingdom upon the passing of all Bills , address themselves to his Majesty , in the most humble Stile ? As that of the Petition of Right , Humbly shew unto our Sovereign Lord the King , the Lords Spiritual , and Temporal , and Commons in Parliament Assembled , &c. So to King James , Most dread , and most gracious Sovereign , We your most Loyal , and Humble Subjects , the Lords , &c. So to Queen Elizabeth , Most dread Sovereign Lady , &c. We your most Humble , Faithful , and Obedient Subjects , the Lords , &c. So to Queen Mary , We your Highness most Loving , Faithful , and Obedient Subjects , &c. do beseech your most Excellent Majesty , that it may be Enacted , &c. So to H. 8. In their most humble wise , shewn to your most Royal Majesty , the Lords , &c. And so to Rich. 3. and backward , By the Advice , and Assent of the Lords , &c. at the request of the Commons . To Edw. 4. By the Advice and Assent of his Lords Spiritual and Temporal , and at the special Request of his Commons . To H. 6. By , &c. and at the special instance and request . To H. 5. the same . To H. 4. At the instance , and special request . To R. 2. the same . In Edw. 3.'s time , These things underwritten at the request of the Commons , be Established , and Enacted , by our Lord the King , his Prelates , Earls , and Barons ; so by the Assent , and Prayer of the Great men , and the Commons . And in Edw. 1.'s time , At the request of the Commonalty , by their Petition , made before him , and his Council in Parliament ; as may be further seen in the Statutes at large , till ye can go no further backward , than , the King commandeth : In which also , I have been the larger , that by the consent of all times , I might shew , that this is not after the manner of Corporations , or the Language of Equals ; and shall be my first Argument , why the King is none of the Three Estates . 2. This will further appear , if we shall consider , who these Three Estates are : And those , I take to be , the Lords Spiritual , viz. Arch-Bishops , and Bishops , who sit in Parliament by Succession , in respect of their Baronies , parcel of their Bishopricks . 2. The Lords Temporal , as Dukes , Marquesses , Earls , Viscounts , Barons , who sit there by reason of their Dignities , which they hold by Descent or Creation ; and the third Estate , the Commons of the Realm , viz. Knights of Shires , Citizens of Cities , and Burgesses of Burroughs , respectively Elected , by force of the Kings Writ ; which three Estates , Sir Edw. Coke saith ) the French-men call , Les Estates , or L' Assemble des Estates : And Philip de Comines , ( speaking how the English grant Subsidies ) Convocatis ( saith he ) primis ordinibus , & assentiente Populo ; The first , or chief Estates , being call'd together , and the People assenting : And Bodin ( who by his Conference with the English Embassador , for so himself confesseth ) wherever he speaks of the Constitution of England , calls it the King , and the Three Estates of the Realm : Like which , The Republick of the Kingdom of Poland , in the Interregnum between the Death of one King , and the Election of another , is stiled , Serenissimae Reipublicae Regni Poloniae , &c. Congregati Ordines : The Estates Assembled : And such were the Amplissimi Ordines , among the Romans ; viz. the Senate , of whom the Emperor was no part ; and signifies with us , The Estates of People , among our selves , viz. The Clergy , The Nobility , and the Commons , which , being duly Assembled , we call , a Parliament : And so Sir Henry Spelman speaking of the word Parliament , saith , it is , Solenne Colloquium , omnium Ordinum Regni , authoritate solius Regis , ad consulendum , statuendumque de negotiis regni indictum . A Parliament ( saith he ) is a Solemn Conference of all the Estates of the Kingdom , commanded together , by the sole Authority of the King , to Consult and Order the Affairs of the Realm . From whence it must necessarily follow , that the King is none of them , but as the Apostle says ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) as having the preheminence over them ; for , Quicquid efficit tale , est magis tale , Whatever is the cause of any thing , is greater than the thing caused . 3. To presume the King to be one of the Three Estates , were to make him but a Co-ordinate Power , and consequently , concludible by the other two ; for , Par , in Parem , non habet imperium , Among Equals there is no Authority : whereas , the Supreme Title of King , is distinguish'd from others , in this , that it acknowledges no other Superior : And Bodin , speaking of a Supreme Monarch , saith , He is next to God , of whom he holdeth his Scepter , and is bound to no man. And to the same purpose Berkly , — Regum cognata Potentia coelo . Whence it naturally follows , that this Honor is not to be shar'd with another . 4. Which is a negative instance . ( And one Negative instance ( saith the Lord Bacon ) is of more force , to unfix a pretending Rule , than two Affirmative to establish it . ) If the King were one of the Three Estates , he should be Summon'd by Writ ; but because all Writs Issue in his Name , it cannot be said , that he can Summon himself , or Supplicate himself , as both Houses do him ; or not to have Power to depart , without leave , i. e. of himself , seeing they have no Power to Assemble , Determin , or Depart , part , without the Kings express Commandment . 5. If the King were one of the Three Estates , then it follows of course , as undeniable , that before the Commons became a Third Estate , and a Constituent part of a Parliament , as they are at this day , That the King must have been one Estate , The Lords Spiritual a second , The Lords Temporal a third ; or otherwise there could not have been Three Estates : and , now the Commons , since the Writs for their Election , being become another , what hinders , but that they make a fourth ? unless ( perhaps ) we deny the Lords Spiritual to have been one , and then , before the Commons , there could be but two . To examin it a little : That Great Councils of Kings , their Nobles , Wise men , and Chief Officers , were frequently held , of Ancient time , there is hardly any thing more obvious ; but , whether the Commonalty , scarce yet civiliz'd , or if so , for the most part , if not wholly , without Literature , were any essential or constituent part , of those great Councils , and Government , might be a question at this day , if there were any sufficient ground , on which to raise it . Convocavit David omnes Principes Israel , Duces tribuum , & Praepositos turmarum , qui ministrabant Regi : Tribunos quoque & Centuriones , & qui Praeerant substantiae Regis ; filiosque suos , cum Eunuchis ; & Potentes , & robustissimos quosque in exercitu , Jerusalem . David called together all the Princes of Israel , the Leaders of the Tribes , and the Captains of the Companies that served under him , and the Captains over the thousands , and the Captains over the hundreds , and the Stewards over all the substance and possession of the King ; and his Sons , with the Officers and mighty men , and valiant men , unto Jerusalem . By which you see , of what persons , this great Council consisted ; all , men of the first note , and not a word of the people . In like manner Solomon , Congregavit majores natu Israel , & cunctos Principes tribuum , & Capita familiarum , de filiis Israel , in Jerusalem . He assembled the Elders of Israel , and all the rulers of the Tribes , and the heads of the families , of the children of Israel , to Jerusalem : And here too , not a word of the People ; and yet , Sir Edw. Coke calls them both Parliaments ; and so no doubt but they were somewhat like it , or otherwise , so many succeeding Centuries had never took pattern from them . Not to run so far from home . What was our Saxon Witenage mote , Micel Synods , Micel Gemotes , or Great Councils , but so many Assemblies of the Wise men ; concerning whom , it is not to be presumed , but that they were of the first rate ; the lump of the People ( as I so lately toucht it ) being for many Ages , before , and after , not bred to Letters , and consequently , more apt for Blows , than Arguments , and readier to cut the knot in two , with their Swords , than unty it with their Tongues : and in all the Saxon Annals we find the principal , or chief Wites , or Wise men of the Nation , the Assembly of Gods Servants ( the Clergy , then so called ) Aldermen ( or Earls ) Great men , Chiefest men , Noblemen , the constituent parts of those great Councils , but no Commons to be found , or any that represented them . Neither does Sir Edw. Coke , in any Authority of his , before the latter years of Henry 3. prove any where , that the Commons at that time , were any such part of those Parliaments , for if they had , there is no question , but he would have nam'd them also ; as he doth those others , that made up those Parliaments . Rex Eldredus , convocavit Magnates , Episcopos , Proceres , & Optimates , ad tractandum de publicis negotiis regni , King Eldred ( saith he ) call'd together his Earls , Bishops , Barons , and Chief men ; but not a word again of the Commonalty : And with this , agrees the learned Mr. Selden , where we have several other instances , to the same purpose , but not one word in any of them , touching the Commons . And as the Saxon Great men , were only present ; in their Great Councils , so were only the Norman Barons , and their Great men , in those of the Conqueror : for , we often meet Arch-Bishops , Bishops , Earls , Barons , but no where find the least mention of the Commons : neither is it to be believ'd , that his new acquest , would yet suffer him , to trust a People , he had so lately conquer'd , or that he made to himself , other measures , than what he took from his Sword. And as to William Rufus his time , we find it the same ; for in the sixth year of his Reign , there was a Great Council held at Winchester ; and in the seventh , another at Rockingham : and in the tenth , De statu regni acturus , Episcopos , Abbates , & quosque regni Proceres in unum , praecepti sui sanctione egit . Being to order some Affairs of the Realm , he commanded together the Bishops , Abbats , and all the Nobility of the Kingdom ; and yet all this while , not a word of the Commons . In like manner , albeit in the first of Henry 1. Clerus Angliae , & Populus universus , &c. the Clergy , and all the People were Summon'd to Westminster ; yet here the word Populus , is used , as contradistinct , to the Clergy , to which it is opposed ; and denotes not , any distinct State , or Order , among Secular men , or Laicks ; but an Order and Estate of men , distinct , from the Ecclesiasticks , or Clergy ; these two words of Clerus , and Populus , being the two general States , or Orders , into which all mankind is divided : And so he cites it , as quoted by Sir Will. Dugdale , touching the Coronation of King Egbert , Veniunt Wintoniam , Clerus & Populus ; The Clergy and People came to Winchester . To which also Mr. Selden gives a great light , when of the same Council he saith , Ad commune concilium Baronum meorum , is mentioned in it . Or what means that other of the third of the same King , wherein they are call'd , Primates utriusque ordinis , The Chiefs of both Orders , i. e. of the Clergy , viz. the Lords Spiritual : and of Laity , viz. the Nobles , who are also called , Principes Regni , The Chief , or Head men of the Kingdom ; of which also we have several instances , in that ( beloved Physician 's ) ingenuious , learned Answer to Mr. Petit. Neither does it appear , that the Great Councils in King Stephen's time , consisted of any other , than the Clergy , and the Nobility , there being not the least mention of the Milites , or Liberi homines , Knights , or Free-men , or that they acted in them . But from these Usurpations , we come to Hen. 2. who ( Robert Duke of Normandy being dead ) came in upon a rightful Title , from his Grand-father , Henry 1. and yet , the Great Council at Clarendon , which was the 10th . of his Reign , consisted only of Arch-Bishops , Bishops , Abbats , Priors , Earls , and Chief men , of the Kingdom ; and albeit Mr. Selden ( as himself from Hoveden ) says , That Clerus , and Populus Regni , the Clergy , and People of the Land , were then Assembled , it appears not , that any other Estate was meant by the word Populus , than the Lay Nobles : For , at the great Council of Northampton ( which was the following year ) Rex Statuens celebrare solenne Concilium , omnes qui tenebant de Rege in Capite , mandari fecit . The King having resolv'd to hold a Great Council , he Summon'd thither , all those , that held of him , in Capite , i. e. in Chief . Now to hold in Chief of the King , is to hold of him immediately , and merely as King , and of his Crown , as of a Seigneury in Gross , and in Chief , above all other Seigneuries , and not as of , or by means of some Honor , Castle , or Mannor , belonging to the Crown . And in the preceding leaf , Mr. Selden says , Tenere de Rege in Capite , & habere possessiones sicut Baroniam , are Synonimies ; and , to hold in Chief , and to have their Possessions as Baronies , was to have the right of sitting in Councils , with the rest of the Barons : concerning which , it does not yet appear , that the Commonalty at that time , had any . From thence , and during the Reign of King Richard the First , and until the 15th . of K. John , we find it the same ; only at that time , the King being at Rochel in France , commits the custody of England to the Bishop of Winchester , then Chief Justice , and writes to his Barons , Knights , and to all his Feudataries , or Vassals , thro England , That he had received the Popes Letters , touching the release of the Interdict ( under which the Kingdom then lay , and of which , I toucht before ) which he had sent to the said Bishop ; and therefore requires them , as of whose kindness , and fidelity , he had full confidence , that according to what the said Bishop should then say unto them , they would effectually give their advice , and aid : as in like manner , he writes to several other Cities , and Burroughs , thereby earnestly requiring them , that according to what the said Bishop shall give them to understand , that they effectually apply themselves to give him a supply , towards the relaxation of the said Interdict ; and thereby also promises them a re-payment with thanks : so , that He only borrows Mony of them on that particular occasion , but does not in the least hint , or direct them to send their Proxies , or Representatives , to any Great Council to be then call'd : as we have it , and the History of that time , more at large , in the said Answer to Mr. Petit. And now , having offer'd thus far to this matter , I shall go on with the reason of those times , which I take to be thus . William the Conqueror having subdu'd England , began now to consider the way of securing it ; and to that purpose ( as it is in the Proverb ) cut large thongs out of other mens hides ) and ( as a reward of the Service done him ) granted a certain compass or circuit of Land , unto such of his Chief men , as had assisted him , in the acquisition , to them and their Heirs , to dwell on , and exercise such Jurisdiction therein , as he thought good to grant ; performing also such Services , and paying him such yearly Rent , as the Grant required : they again parcell'd this Land , to such other meaner men , as had follow'd them in the Expedition , under such Services , and Rents , as they thought fit ; and by this means , as those Great men became Tenants to the King in Chief , so the Inferiors became Tenants to them , who ( as Superiors ) exercised a kind of little Kingship over them : The King and his Successors being Supreme Lords of the whole , and imposing from time to time , such Laws , as by the advice , and assent of those his Barons , were thought expedient , and unto which , Consentire inferior quisque vis us est , in persona Domini sui capitalis , prout hodie per Procuratores Comitatus , vel Burgi , quos in Parliamentis , Knights and Burgesses appellamus ; to which , every inferior ( saith he ) was presum'd to consent , in the person of his Chief Lord , from whom he held ; as at this day , by the Representatives of Counties , and Burroughs in Parliament , whom we call Knights and Burgesses : and certainly , there is no doubt to be made , but that if there had been any such privilege , of ancient time , belonging to the People , that the Historians of those times would not have pass'd so material a thing in silence , especially considering how many of lesser account , are every where found among them . Polidor Virgil , would have the Commons to have been brought into those great Councils , in the 16th . of Henry I. Sir Walter Raleigh , about the 18th . of that King ; but Sir Henry Spelman will not allow it ; his words are these , Sine ut sodes dicam , collegisse me centenas ( reor ) conciliorum edictiones ( tenoresque ipsos plurimorum ) ab ingressu Guilielmi 1. ad excessum Hen. 3. existentium , nec in tanta multitudine , de plebe , uspiam reperisse aliquid , nil in his delituerit . Give me leave ( saith he ) to speak frankly , I believe , I have collected an hundred Acts of Councils ( and the forms of most ) from the coming in of William the First , to the going off of Henry the Third ; nor in so great a number have I any where found any thing of the Commonalty , nothing of it lies in them . And yet , it may be probable , that Henry the Third , toward the end of his long , but troublesome Reign , brought them in , to counterpoise the Factions of his seditious Barons : for , tho at the making of the Statutes of Merton , there is not the least mention of the Commons , yet in those at Marleborough , they are thus named , The more discreet men of the Realm , being called together , as well of the higher , as of the lower Estate . And in the Title of the Statute of Westminster the first , made in the third of Edw. 1. ( who , as he was first of his name , after the Conquest , so he was the first , that setled the Law , and State , and freed this Kingdom , from the Wardship of the Peers ) it is thus said , These be the Acts of King Edward , Son to King Henry , made at Westminster , at his first Parliament , &c. by his Council , and by the Assent of Arch-Bishops , Bishops , Abbots , Priors , Earls , Barons , and all the Commonalty of the Realm , being thither Summoned , &c. And so , that word Parliament , which ( as Sir Henry Spelman says ) in King John's time , nondum emicuit , was not yet got up , other than by the name of ( Commune Concilium Regni ) The Common-Council of the Kingdom , came in use , as it is now taken , and the Commons , as they are at this day , an essential , and constituent part of the same , and a third Estate . 6. That the Lords Temporal are one Estate of the Realm , was never doubted ; Mr. Selden begins his Privilege of Baronage with it : and when the Commons came in to be another , I question not but I have fully prov'd ; and if now I shall make it appear , that the Lords Spiritual are one other Estate of the Realm , distinct and separate , from the Lords Temporal ( I hope ) I shall have gain'd my point , and that the King is not one of the Three Estates . In order to which , 1. The Lords Spiritual sit in Parliament , by a different Right , from the Lords Temporal , viz. by Succession , in respect of their Counties , or Baronies , parcel of their Bishopricks ; and the others , by reason of their Dignities , which they hold , by Descent , or Creation . 2. They sit in Parliament , in a different Robe , and on a different side of the House , from the Lords Temporal , and are commanded thither by a different form in the Writ , viz. In fide , & dilectione , &c. And the Lords Temporal , In fide & ligeancia , &c. 3. They have a Convocation by themselves , consisting of an Upper House , viz. Arch-Bishops , and Bishops ; and a Lower House , viz. the Procuratores Cleri , called together by the Kings Writ , and have the same Privilege for themselves , their Servants , and Familiars , as other Members of Parliament ; and grant their Subsidies apart , and distinct from the Lay Nobles ; as may be seen by the respective Acts , by which they have been granted , as also , ratifi'd , and confirmed . 4. The general stile of all Acts of Parliament hath been such , that sometimes the Ecclesiastical Lords are respectively named , as Arch-bishops , Bishops , Abbots , Priors ; as well as the Temporal Lords : and sometimes , by the inclusive name , of the Prelates ; and so to the 10th . of Richard 2. where it is said , By the Assent of the Lords and Commons : under which general words , of the Lords , they seem at first to be included , as if they were but one Estate with them ; were it not in the 13th . of the said King , again said , Of the Assent of the Prelates , and Lords Temporal , and Commons . And in another , of the 20th . By the Assent of the Prelates , Lords , and Commons ; and in the 14.15.16 . and 17. of the same King , By the Assent of his Parliament ; and , the Parliament ; and none of them named apart : from which time , till the 4th . of Henry 4. the word , Prelates , was again continued , and then , thus altered , viz. By the Assent of the Lords Spiritual , and Temporal , and at the special instance , and request of the Commons ; and in the fifth of the same King , By the Advice and Assent of his Lords Spiritual , and Temporal , and at the request of the Commons ; which so continued without any variation in substance , until the 18th . of Henry 6. at what time it became , as we have it now , viz. By the Advice and Assent of the Lords Spiritual , and Temporal , and the Commons . Besides , if the Lords Spiritual were not a third Estate , what is the reason that at the making of the Statute of Praemunire , that the Commons having declared , that they would stand to the King , in the defence of his Liberties ; and praying , that all the Lords , as well Spiritual , as Temporal severally , and all the Estates of Parliament , might be examined , how they thought of that matter . The Lords Temporal , being so demanded , answered every one by himself ; and in like manner , the Lords Spiritual , severally examin'd , answered by themselves : which affords me a double Argument , 1. That by all the States of Parliament there must be necessarily intended , more than two , if it were for no other reason , than mere propriety of Speech . 2. That the King could not make up , that other , or third Estate ; because , he is desired to examin all the States severally , which he could not do , if he had been one of them himself : so in the 40th . of Edw. 3. ( which I should have named first ) when the King asks advice of his Parliament , Whether King John could have subjected the Realm , as ( what in him lay ) he did , The Prelates by themselves , the Dukes , Earls , and Barons by themselves , and the Commons by themselves , answered , That he could not . From which , nothing seems clearer to me , than that the Lords Spiritual , are one Estate , distinct from the Lords Temporal ; or otherwise , what needed they have been examin'd , by those several names , of Spiritual , and Temporal , or as severally answer'd , by the same appellations . 5. And now , if yet there remain'd any doubt , we have one Act of Parliament , clear in point ; where , the question being , whether the making of Bishops had been duly and orderly done , according to Law , the Statute says , which is much tending to the slander of all the State of the Clergy , being one of the greatest States of this Realm . And so , having found Three Estates , without the King , I think ( in good manners ) we ought to spare him . I have hitherto offered some Reasons , nor without their Authorities . I come now to somewhat more direct , if yet , those of the 40th . of Edw. 3. the 16th . of Rich. 2. and the 8th . of Qu. Eliz. last mentioned could be thought otherwise . I 'll begin with the Statute of H. 8. where this Kingdom is called an Empire , governed by one Supreme Head , and King , unto whom a Body Politick compact of all sorts , and degrees of People , divideth in Terms , and by names of Spiritualty , and Temporalty been bounden : and who can believe , that the Authority of a Parliament , should utter any thing in Parables , or under double meanings , contrary to the common sense of the express words , or that there was ever intended , by the words , ( divided in Terms , and by names of Spiritualty and Temporalty ) so many mere words , and no more ? However , to take off all doubt , Sir Edw. Coke says , The High Court of Parliament consisteth of the Kings Majesty , sitting there , as in his Royal Politick Capacity , and of the Three Estates of the Realm , viz. the Lords Spiritual , the Lords Temporal , and the Commons : And so Cowel , The word Parliament , in England , we use it for the Assembly of the King , and the Three Estates , viz. the Lords Spiritual , Lords Temporal , and the Commons . And , Title Statute , he saith it signifieth , a Decree , or Act of Parliament , made by the Prince , and the Three Estates ; unto whom ( as I said before ) they are subordinate , in the Legislation , and of no Power of themselves , but joyned to their Figure , have the full strength of their places : which in short we may thus farther demonstrate , under the familiar instance of a Dean , and Chapter ; of whom , the Dean is no part , but ( Caput Capituli ) the Head of them . And now if any one shall demand , why this term of the Three Estates does not so frequently occur to us , of Ancient time ; I answer , That before the Commons were brought in , there was no thought of it ; and since that time , no dispute of it ; until of late , where many a worse twig was ( even learnedly ) made use of , to stilt , and bolster a Ricketed Cause· However , it is not too late , that the Point is cleared now . And so we have it , in the Act for Unifermity of Publick Prayers , made the 14th . of this King , where the Form of Prayer , for the Fifth of November , is thus entitled , A Form of Prayer , with Thanksgiving , to be used yearly , on the Fifth day of November , for the happy deliverance of the King , and the Three Estates of the Realm , &c. And with this agrees the Kingdom of Scotland , of which , Mr. Cambden , in his History of Britain , says , That their Supreme Court , is their Parliament , which consisteth of Three Estates , The Lords Spiritual , the Lords Temporal , and the Commons , for Cities , and Burghs : of which , the King is Directus totius Dominus . And so a Parliament of that Kingdom reckons them : It is ordained by the King , by Consent , and Deliverance , of the Three Estates . And the Act of asserting the Kings Supremacy over all Persons , and in all Causes Ecclesiastical ; and the late Indictment , against Argile ; and the Acts , for the Acknowledging , and Asserting , the Right of Succession , to the Imperial Crown of Scotland : And that other , for ratifying all former Laws , for the security of the Protestant Religion , agree in point with it : Nor is it strange they should , inasmuch , as neither their Langue , nor their Laws , especially , such as are criminal ( as may be seen , by comparing their Regiam Majestatem , with our Glanvil , De Legibus , written in Henry the Second's time ) much differ from ours : And the Union of the two Crowns , in the Person of King James , is called , An Union , or rather , a re-uniting of two Mighty , Famous , and Ancient Kingdoms , yet anciently , but one . And that the Laws of Ireland ( a distinct Realm , or Kingdom , from both ) say nothing of this matter , I take it to be , for the same reason , that the Romans made no Law against Parricide , They never dreamt it . SECTION VII . Admitting what has been before offer'd , wherein has our present King merited less than any of his Royal Ancestors ? with a short recapitulation of Affairs , as they had been , and were at his Majesties most happy Restauration : and that he wanted not the means of a just Resentment , had he design'd any . I Have hitherto shewn , that the Crown of England , &c. is Supreme , Sovereign , and Imperial ; nor will it be from the purpose now , to demand , Wherein has our present King , less merited , than any of his Regal Ancestors , that it should appear less on his Head , than theirs ; especially considering he is so far from not getting up to 'em , that ( his Royal Father only excepted ) he has out-gone them all in his own example ; albeit he wanted not the too many just occasions of having been otherwise . To recapitulate some few of them ; nor is it less than fit , to burn Incense , where ill Odors have been cast , or rais'd . To have seen ( then ) three famous Kingdoms , that had so often acknowledg'd his Princely Progenitors , their undoubted Heirs , ( like Aesop's Pots ) broken , against one another : To have examin'd the Quarrel , of which ( whatever were the pretences ) nothing other was in the bottom , than to kill the Heir , and divide the Inheritance : To have beheld his Glorious Father , Disarm'd by one Party , and in that condition , left to the growing designs of another , and the merciless Cruelty of both : To have consider'd him , not forsaken only , but ingratefully edg'd forward to his Destruction , by those Mushromes , whom his Royal Influence had fermented into somewhat : To have recollected his many Messages , fruitless Treaties , and that after all condescensions , nothing would content them , without the Kingdom also : If there be yet room for a thought ; to have remember'd ( after the Faith of both Houses given him ) how he was brought to Jerusalem to be Crucifi'd by the Jews : To have once more remembred , Him , The Fountain of all Law , Justice , and Honor , publickly arraign'd , by the Tail of the People , and that too , under the false detorted names of Law , Justice , and Honor of the Nation , nor without the Fucus of their Religion also , brought in , to sanctifie the Ordinance : To have remember'd him ( I say ) Traiterously Sentenc'd by his own Subjects , and as ignominiously ( even while the Heads of the Faction ( as the Phrase of that time was ) Were seeking God ) Infesto Regibus exemplo , Securi percussum , and Murder'd before his own Palace ; Kingly Government abolish'd ; the Name , Stile , Title , and Test of the King , alter'd into , The Keepers of the Liberty of England , by Authority of Parliament : That notion of a Parliament too , which by the same fatal blow , cut themselves off , also : Let me not seem tedious , to have remembred himself , Proscrib'd , and thereby , made High Treason , to Proclaim him King ; The Oaths of Allegiance , and Supremacy damn'd ; The Royal Ensigns defac'd ; The Coin alter'd ; The Regal Statue thrown down , and under that Vacancy , Engraven , Exit Tyrannus , Regum ultimus , Anno Libertatis restitutae , primo : In short , to have remembred his helpless Friends , either starving at Home , or by not complying , necessitated into Forein Arms , and not the least number of them , so unfortunate , as to have surviv'd the Ruines of their ( once ) Families ; and lastly , the more unhappy himself , that could only look on and pity them . — Quis talia fando , Temperet ? — What private Gentleman could have born it ? But perhaps you 'l say , he wanted the opportunity ; I think not : For if we consider him , as he was at that time , not only return'd from his Fathers Allies , but the same Profest Son of the Church of England , he first went out , and in that , the Darling of the People ; what particular person , or number of men , might he not have singled from the Herd , as a just Sacrifice to his Fathers Ashes , and his own Revenge ; had he design'd any ? He had an Army at his beck ; The Navy regenerated ; All Forts , and Garrisons re-inforc'd with Royalists ; The Country return'd to its former Allegiance ; and the City , crying out , Yea , let him take all , since my Lord the King is return'd to his own House in peace ? What ( I say ) might he not have done ? especially considering , that such as had been obnoxious , could not but expect , that the Cloud must break , and be afraid , where it might fall , and consequently ready , each man to have given up his nearest Relation , to save himself , — Et quae sibi quisque timêre Unius in miseri exitium convertere — Can a Mother forget her Son ? Or a Son , such a Father ? And yet , Quanquam animo redit usque Pater , tamen excutit omnem , Rex melior — he so far forgot it , as to avoid the occasions of remembring it : Nay , which of his Enemies lookt up to him , and return'd empty ? Was not the Childrens Bread thrown among them , while the helpless Orphans scarce lickt up the Crums ? And has not that fulness of Bread , provok'd them into wantonness ? They have eat , drunk , and now rise up to play ; and 't is a shrewd sign they are idle , when nothing will serve them , but they must be Sacrificing in a Wilderness ; yet , what greater Testimonies could there be , of an entire Forgiveness ? And if so , this methinks should at last mind us , that as Vapors rising from the Earth , stay not long in the Air , but fall on the same Earth again , That we also , as truly sensible of the Mercy , return him ( at least ) the grateful Acknowledgments of an humble Obedience . SECTION VIII . That notwithstanding the hard Law of the Kingdom , the Jews paid their Kings , an entire Obedience . Two Objections answered . The like , other Nations to their Kings . A third Objection answered . The Precept of Obedience is without restriction ; Examples upon it : Nor is Idolatry any ground to resist ; much less , things indifferent . The example from our Saviour in Instituting his last Supper . Least of all , is injury , with the practice of Holy men of old , in like cases . And that if any ground were to be admitted , that , would never be wanting . I Gave an account before , of that hard Law of the Kingdom given to the Jews , and yet we find not throughout the Story , that they did in the least repine at it , but rather the contrary ; for when upon the Constitution of Saul , some Children of Belial , ( for so the Text calls them ) had despis'd him , saying , How shall this man save us ? The People ( whose hearts God had toucht ) in the next Chapter , ver . 12. say unto Samuel , Who is he that said , Shall Saul reign over us ? Bring the men , that we may put them to death . And what value they put on their Kings Person , may be seen in this , that Saul's Armor-bearer , chose rather to kill himself , than perform that last ( if yet I may so call it ) charitable Office , to his distressed Master , then ready to fall into his Enemies hands , and praying it ; neither would the People suffer David to go forth before them to Battel ; For if we flee ( say they ) they will not be much concerned at it , neither if half of us die , will they care for us ; but thou art worth ten thousand of us . In short , he that was King among them , did whatever pleased him ; And whatever the King did , pleased all the people . And was not this a perfect love between a King and his People ? was there ever a more exact , or entire Obedience ? An Obedience , to be reckon'd for Righteousness ? And yet , what new paths do we take to our selves ? when , if we would but examin Holy Writ , we might find that , every where directing us to our Duty . As , 1. Negatively ; in that we are commanded , not to think ill of the King ; Curse not the King , no , not in thy thoughts : much less then , may we speak it , Thou shalt not speak evil of the Ruler of thy people . Least of all , may we do him hurt : Touch not mine Anointed . 2. Affirmatively , We are commanded to keep his Commandments , and that in regard of the Oath of God : Neither may we give him any just cause of anger ; Whoso provoketh him to it , sinneth against his own soul. To which , if any one shall say , they were Kings themselves , that spake it , and 't were much they could say nothing in their own behalf : I answer , That besides that it has been ever receiv'd for Holy Writ , Job , who wrote many Centuries , before there was any King in Israel , puts the question , Is it fit ( saith he ) to say to a King , thou art wicked , or to Princes , ye are ungodly ? The Interrogation is affirmative , and after the manner of affirmative Interrogations , concludes negatively , i. e. No , it is not fit ; for , says the same Eccles. ( which is another of the same ) who may say unto him , What do'st thou ? To which also if it be yet objected , that this Law was given to a peculiar People , and that no Law ( but the Law of Nature , which is immutable ) obliges any , to whom it was not given : I answer ( as before ) besides that it is Holy Writ , what inconvenience is it , if we give the same credit to God Almighty , we generally allow to other Law-givers ? and the rather , in that God , is not the God of the Jews only , but the Gentiles also . That Reverence , the Jews paid their Kings , by a Written Law , the Ancient Heathens took up from a mere impulse of Nature ; and yet , what the manner of their Kingdoms were ( in that the Jews did but desire to be like all other Nations ) you have had before . Q. Curtius tells us , that the Persians had such a love to their King , that Alexander could not persuade them , either for fear , or reward , to tell him whither their King had fled ; or reveal any of his intentions . In like manner , when Xerxes fled from Greece , in a small Vessel , so full of men , that it was impossible for him to be sav'd , without throwing some over-board ; the Nobility leapt into the Sea , and by their example , others , till the Ship was lightned , and the King preserv'd . And so Boëmus Aubanus , speaking of the Aegyptian Kings , saith , that they had so much love from their People , Ut non solum sacerdotibus , sed etiam singulis Aegyptiis , major Regis , quam uxorum , filiorumque salutis , inesset cura , That not only the Priests , but every one of them had a greater care of the Kings safety , than of their Wives , and Children . And in another place , speaking of the Tartars , Albeit their King ( saith he ) upon his Inauguration , tells them , Oris mei sermo , gladius meus erit , My word 's my Sword ; and that all things are in his power , and no man may dwell in any part of the Land , but what is assign'd him by the King ; yet , nemini licet imperatoris ve●ba mutare , nemini latae ab illo sententiae qualicunque modo contraire ; No man may alter his Decree , or in the least tittle dispute his Commands . Besides all which , the obsequious impiety of elder times , attributed the name of God to their Emperors ; and whence ( perhaps ) it might be , that Joseph swore , By the life of Pharaoh ; — Sceptrum , capitisque salutem Testatur — And the Romans , By the Majesty and Genius of the Emperor : And the drinking his Health , at Publick Feasts was decreed to Augustus ; as we have it in Peter Ursinus his Appendix , where also , he cites S. Ambrose , speaking of the custom of his time , Bibamus ( inquiunt ) pro salute Imperatorum , & qui non biberit , sit reus in devotione : Let us drink ( say they ) the Emperors Health , and let him be damn'd that refuses it ▪ in which the Father taxes not the thing , but their ill of doing it . In the offering of all which , let me not be mistaken , as if I design'd to insinuate , that such a Power as those Kings I so lately mentioned , did exercise , might be practicable now , or any municipal Law , alter'd ad libitum ; no , that were to justifie that Arbitrary Power , so often talkt of , and against which , our present King , hath so publickly declar'd ; the absolute , and unlimited Sovereignty , which they have by the Ordinance of God , having from time to time ( by their Bounty ) been limited , and bounded in the ordinary exercise thereof , by such Laws , and Customs , as themselves have given the Royal Assent unto , and allowed ; so that in effect , it may be said , What have we , that we have not received ? Upon which score it is , that a Subject may maintain his Right , and Property , and have Judgment against the King ; and in such cases , the Judges are bound to right the party , according to Law : And there are many things also , of which it is said , The King cannot do them , i. e. because he will not do them ( quia refragantur ordini ) as being contrary to the Law , and Order , establish'd in his Realm : And therefore , neither can our Kings , or ought they in common justice to be esteem'd , or thought the less , when they have scatter'd any Flowers of their Crown on their Subjects , in asmuch as the root rests in the same place , and is as productive of more , when deserved . But suppose ( may some say ) the King be a wicked King , a Tyrant , an Idolater , or however else the licentiousness of an enrag'd Rabble may render him , may not the subordinate Magistrate , the Nobility , or People , restrain , or remove him ? I answer , No ; for besides that the Precepts of Obedience to Kings , are without restriction , and therefore extend to all Kings , be they what they will ; if it be not lawful for me to judg another man's Servant , how much less then , my own Master , whose Power over me is just , tho it may so happen , that he use it unjustly ? The Israelites had a sharp bondage under the Egyptians , and wanted not numbers to have made their party good : The Land was filled with them , and Pharaoh confesseth them , the more mighty ; yet they thought it better to quit the Country , than rebel : Nor was their condition much improv'd in Babylon , and yet they are commanded to offer Sacrifices , and pray for the Life of the King , and of his Sons ; and to seek the peace of the City where they were Captives . Samuel pronounced the rejection of Saul ( whom also , David afterward spar'd ) yet neither incited the People to rebel against him : Nebuchadnezzar , Achab , Manasses , were Idolatrous Kings ; and yet Daniel , Elias , and the Holy men of those times , continu'd their Obedience , and tamper'd not with others , to infringe theirs : What shall I add ? our Saviour commands us to give unto Caesar , the things that are Caesars , and the Apostle who exhorts , That , first of all , supplications , prayers , &c. be made for all men , forgets not more especially , Kings , and all that are in Authority : In short , the Primitive Christians resisted not their Idolatrous Persecutors , and yet contrary to the opinion of Bellarmin , and Buchanan , they wanted not numbers : Vestra omnia implevimus , ( saith Tertullian ) urbes , insulas , castella , municipia , conciliabula , castra ipsa , decurias , Palatia , forum , Senatum : cui bello non idonei , non prompti fuissemus , qui tam libenter trucidamur , si non apud disciplinam nostram magis occidi liceret , quam occidere ? We fill ( saith he ) the whole Empire , your Cities , Princes Houses , Castles , Corporations , Councils , your very Camps , Courts of Justice , Palaces , Market-places , Senate ; with whom are we not able to make a War , who so willingly offer our selves to the slaughter ? did not our Religion teach us , that ( in such cases ) it is better to be killed than kill . But instead of it , pray'd , That God would give them , Vitam prolixam , Imperium securum , domum tutam , exercitus fortes , Senatum fidelem , Populum probum , orbem quietum , & quaecunque hominis aut Caesaris sunt vota . A long Life , a secure Empire , safe House , valiant Forces , a faithful Council , loyal People , quiet State ; and whatever were the desires of a man , or Emperor : They preferr'd God , before Julian's Idolatry , yet , when he said , March , they obey'd him . And if Idolatry be not ground for a Subject to resist his Prince , much less then may cases of lesser consequence , which touch not the Foundation , but are only circumstantials : And of this kind , are all ( Adiaphora ) things in themselves indifferent , whether to be made use of , or not made use of , however , coming to be commanded , by a lawful Authority , the indifferency ceases , and every man is obliged in Conscience to comply with the Command , as especially in such cases , where he has made himself a party , by his Representative ; and from which , if he might retract , by saying , it was not the sense he meant , why also might not the King , in some other case , say , he was mistaken , when he gave the Royal Assent ? for I do not find , that the Subject here , shall be in a better condition , than the King. And then , make the consequence who will , which is as easily done , off-hand , as other matters , that require no study . And here I might instance several Ceremonies , which , albeit they were first devised by man , for the more decent order in the Church , and tho the keeping , or omitting them , is in it self , but a small thing , yet the wilful , and contemptuous transgression , and breaking of a common Order , and Discipline , is no small offence , against that rule of the Apostle , Let all things be done in a seemly and due order : and is no more of private interpretation , than is Scripture , which ( like the Law ) pronounceth nothing , but in the mouth of a Judg. To speak once for all , our Saviour who was an Hebrew , amongst whom , the Roman Customs were not so altogether in use , gives us a remarkable example , in this matter , and I think no man will question his Authority , — Solem quis dicere falsum Audeat ? He was ( I said before ) an Hebrew , and yet , if we examin his converse among the Romans , we shall find it generally , comporting to their manners . To pass the rest , that one of Instituting his last Supper , seems to me to carry no small force : The Triclinium ( a Bed , not unlike our Couches without backs , but broader , on which the Romans at their Feasts , lay in a manner extended , on their Sides , Breasts , or Elbows ) was not in use among the Jews , that ever I yet met , or learn'd ; yet when our Saviour was to keep the Passover ( which the Jews did , their Loins girt , their Shoes on their feet , their Staves in their hands , and in hast ) the Text says , Discumbebat cum duodecim , which signifies the manner , how the Romans used those Beds ; and from whence S. John is said , to have leaned on his bosom : yet admitting , that he sate down , it is enough , to prove , that it was not the Jewish custom , for they stood : besides , the form of the Table seems to have been Roman , viz. Orbicular , or Oval ( of which kind , we have several figures , in Rosinus , Lipsius , and others ) and the reason of it was , that every ghest might put his hand in the Dish , without reaching over another : and this is further plain , by that answer of our Saviour , to his Disciples , asking him , who should betray him , Qui intingit manum in Paropside , &c. He that dippeth his hand with me in the Dish , the same shall betray me : neither is it possible it could have been a long Table , for then , how could our Saviour ( as we have it in another Evangelist ) have given him the Sop ; in as much , as Judas being the last of the twelve ( and perhaps for that reason also , carrying the Bag ) must in all probability have sate lowest , and out of reach of the Sop , as well as of the Dish : from all which I infer , that if our Saviour , who was no Roman , conform'd himself to the customs of the Roman Empire , to which the Jews , were at that time Tributary , how much more then ought this be a sufficient ground to us , whereby to follow his example ; especially , in matters , otherwise indifferent , where they are not commanded ; it being but reasonable , that in standing weight , even a grain of Authority should turn the Scale . Least of all then is injury any ground for a Subject to oppose his Prince ; inasmuch , as no man can be said to be injur'd by him , of whom , by the Law of God , and man , he can take no revenge , without a greater injustice . S. Peter was reproved by our Saviour , for drawing his Sword against Authority , tho in defence of his Master : S. Paul checks himself for a bare slip of his Tongue , against the High-Priest : And look back into the Old Testament , those times also , hold no such custom , but rather the contrary : Thus Moses , and six hundred thousand footmen , besides children , and a mixt multitude , fled from Pharaoh : David , in the head of an Army , ( and those , if we consider the persons , desperate enough ) from Saul : And Elias , from Jezabel , seven thousand men yet left in Israel , that had not bow'd their knees unto Baal : And as they fled , others supplicated : So Jonathan , for David to Saul : Ebedmelech , for Jeremiah , to Zedechiah : And Esther ( a Queen ) for her Nation , to Ahasuerus . In short , if any cause should be admitted , for which Subjects might resist , that cause , would never be wanting , against any Prince ( let him reign never so justly ) whom the people shall call an Idolater , or Tyrant ; and how easie it will be , to conclude him one , or both , especially , where they that take upon them to give the Sentence , shall make the case , I leave it to every man : Impiety must be the ground to accuse him , and that , the common pretence , whereby to depose him ; as if a King , like a Chinese god , might be whipt into a compliance , or if that will not do , thrown in the fire , and another set up in his room , during the same pleasure , or better behaviour . In a word , I spake erewhile of flight , and supplications , but they that are too stiff for the one , will rarely bend to the other , unless ( when they can do no more ) they appeal ( from the King , to Alexander ) from himself , unto himself , as presuming , that private Spirit which knows not how to deny , will yet so prevail on his publick capacity , that he will remit any thing . SECTION IX . The Arts of the late times in working the People from this Obedience . It was to be done piece-meal . The Kings Necessities , answered with Complaints . Plots discovered ; Fears and Jealousies promoted . Religion cants its part . Leading men , some to make it Law , others , Gospel ; The examples of Corah , &c. The same Game playing over again : Prognostications , &c. The ill consequence of such Impressions . The examples of Cade , Tyler , and others . Holy League in France ; Solemn League and Covenant , at home , &c. New Trains to the old Fuel . Our Saviours advice to his Disciples touching the leven of the Pharisees : What that , and they were , made applicable unto our selves . I Have brought it thus far , that Princes are to be obey'd , and yet , ere I close the Argument , it will not be from the purpose , if we examin how the People were wrought from it in the late times , and of what ill consequence , the like impressions may be at present . Wise men are safe , they have wit enough to keep within themselves ; but , 't is the Mobile vulgus , the Ignota Capita , Sine nomine turba , that only fall within my discourse . And truly , considering this Kingdom in its self , — Potens armis , atque ubere glebae , A Land so considerable abroad , and fruitful at home , That Virtue , and Fortune , which ( according to Florus ) seem'd to have contested about the raising of the Roman Empire , might have been truly said to have concenter'd here : And withal , considering the evils we have past , and the happy days we might enjoy , if we pleas'd our selves , it would confound Astrologers , to observe such Planets , such masculine Planets , Ascending , in Conjunction , in the Houses of their Exaltation , and yet the Kingdom , Planet-struck . — Pudet haec opprobria dici ; Et dici potuisse , & non potuisse refelli . To examin it a little further , and the rather , for this , that by viewing the Cards , by which the last Game was play'd , we need not be once more cheated , unless we please our selves . That the People were so beset , is agreed of all hands : Whither do Rheumes , and Humors resort , but to the weakest parts ? yet , this was not to be done all at once ; no , they were first to be prepar'd , and then so dispos'd , that they saw nothing but ( sub imagine lusca ) by a dull false light . To have askt the People about sixty years since , if they would have taken Arms against their Prince , That Prince , whose Ancestor had given them so much , they could not readily tell , what to ask more ; no doubt but they had startled at the question , and answer'd , as Hazael to Elisha , Is thy servant a dead dog he should do this thing ? No , that was a gobbet too large for their throats ; but given bit , by bit , there was no danger of the swallow , were it never so raw . Seldom appears the Devil so ugly as the Painters make him , that were enough to convince an Atheist ; but when he offers himself as an Angel of Light , who would suffer him to shake off the dust of his feet on them ? And here , Religion was a main instrument , but it must stay its time : no man serves up the last course , till the first , and second are over : the King was to be first reduc'd to necessity , to the end , that being forc'd to extraordinary means for supply , he might attract an odium : nor must he be supply'd , but from hand to mouth ; however , what he might want in that , he had it otherways , press'd down , and running over : complaints of Grievances , Treasure mis-spent , Necessities contracted by mis-providence , Remonstrances against Favourites , not forgetting the Old Ingredients , of Growth of Popery , and Arbitrary Government : and if this was not the Art of that time , my Author has done them wrong , and that he is seldom guilty of . By this time the People were shod with the Preparation of the Work ; and now , the French are ready to land , and the old Vault smells rank of Powder again : The Kingdom must be put into a posture of Defence , and the Militia into Confiding hands ; Fears and Jealousies promoted ; Bishops , and Popish Lords Excluded ; the Well-affected Counties Associated ; Monies raised ; themselves Perpetuated ; Publick-Faith set up ; the Excise slurr'd on the People for repaying it ; and the holy Covenant , to pin the Basket : And one would think they had laid in well enough , and yet , besides the 11 Millions ; which the Plate , Rings , Bodkins , &c. within London , Essex , and Middlesex , besides other Counties , amounted to , it is publickly declar'd , That if any Papists , would bring in any considerable Sums , upon the Propositions , they should be received ; albeit they tax'd his Majesty for raising an Army , by the help of Papists ; as their Disciples , some years afterward , hired Owen Roe O Neal , to raise the Siege at London-Derry in Ireland , then Beleaguer'd by his Majesties Forces ; not without suspicion , that they over-paid him his Wages in a Parting Glass . And now 't is time that Religion Trump up , and justifie all they had already laid , or were to act for the future . A painful , Gospel-Ministry , must act its part , and S. Ant'lins Lectures , lead the way to the Artillery-yard : in order to which , they beat down morality , that having swept the house of one Tenant , it might be the readier for another . Ye must not ( said they ) plant Gospel-Truths on legal Foundations , or the rotten Crab-stocks of carnal Principles : who ever found fault with Fresh Herrings ? and shall we despise Truth because 't is a novelty ? 't is a sign men have a mind to sleep , when they draw their Curtains , and will have no more light come in : whereas , it is your work to enquire after further light : To call out , what of the night ? How much of the night of Popery and darkness remains ? How near are we to the taking the possession ? and how long may we be kept off ere the Scepter of the Kingdom be advanced ? And is not this fine stuff ? And yet the Pulpit-Drums of that time beat no other March : And all this by Scripture too ; nor ( as to themselves ) without reason : Don't we give Children Hony and Raisins , with their Worm-seed ? and g●ld Pills , for men of riper years ? Did ever Dog swallow a Cork without Butter ? or even a Fool , Angle , without hiding his Hook in a Bait ? No , no , the Needle must be first in , and the Thred follows of course . Absalom had never gotten the People to him , had he not mask'd his Rebellion , under a Vow at Hebron ; for the Text says , They went in their simplicity , and knew not any thing . Yet it was not to be expected , that Religion alone should carry on the work , or that the same old drudg Cloak , should still hold out Rain , without a new Lining : Wisdom built her house on more Pillars than one , and a mere Foundation was too hazardous for their new Jerusalem , without Props and Buttresses : And therefore , to prevent the question , Do any of the Scribes follow him ? there must be Hinters , as well as Holders-forth ; Leading-men to countenance that for Law , which their Assembly had predetermin'd , should pass for Gospel . Corah and his Companions , were of the Tribe of Levi ; Dathan and Abiram , of the Tribe of Reuben ; Heads of Families , men famous in the Congregation ; Clergy , and Laity ; dissembled Sanctity , to usurp'd Authority : And that their Quarrel was Government , under the pretence of Religion too , appears by what they said to Moses , and Aaron , Ye take too much upon you , seeing all the Congregation are holy , every one of them , and the Lord is among them : wherefore then lift ye up your selves above the Congregation of the Lord ? So Adoniah ( when his Father David , the Kingdom of the Jews being not yet become Hereditary , had caused Solomon to be Crowned King , while he yet lived ) the better to colour his pretence to it , took to him Abiathar , the High-Priest , and Joab the Captain of the Host : And who would think it strange , that a short-sighted , Sand-blind Multitude , should scruple to follow , where such Guides lead them ? I have hitherto with what briefness I could , accounted some slights of hand within our own memories ; and shall it be reckoned to our inadvertence , or folly , that they pass twice in the same Age ? That the Devil was once in the Herd , we have Authority enough ; but that he never should quit it , we hold no such Prophesie . And yet methinks the Game is playing over again , or else , what meaneth this bleeting of the Sheep , and lowing of the Oxen ? this talking with the People upon the Wall , or making them believe , that they , that came into the world ( as Cato into the Theatre ) only to go out again , should yet be the Saints that are to judg , and inherit it ? why must they that carry their Souls in their Eyes , and their Brains in other mens Heads , be once more buzz'd with Laws , Liberties , Conscience , Dissatisfaction ? or ( like Larks ) dar'd to the Net , with every thing ? Prognostications , Prophesies , Prodigies , &c. which , albeit ( like Mercenary Soldiers ) they may be brought to fight on either side , yet every man superstitiously interprets them to his own advantage , and lets them speak no other Language , than what his wishes , hope , or fear , put in their mouths : In short , we have had enough of the Arts by which the people have been already impos'd on , nor will it be unworth the while , if we consider , of what ill consequence , such , or the like impressions , may further be to them ; inasmuch also , as those Spiritual Druggists , give out the Commodity without garbling , and vend what they please among the Rabble , for staple Goods and warrantable . Man , as he is a rational , so also is he a compound , gradual Creature , the way to his reason , being by his sense , and appetite , which being disturb'd , or prepossess'd , how is it possible for him to take any thing aright , more than for him that is out in the premisses , not to be worse mistaken in the conclusion ; or , than that a Bowl , deliver'd short , or narrow at hand , should ever come up with the Block : some Birds are whistled into the Snare , others driven , and Dotterils caught by imitation of such postures , as others put themselves into : Argus had an hundred eyes , and yet was surpriz'd sleeping : The evil one in the Gospel , sow'd tares , while the Husbandman slept ; and what worse effects may not such impressions have upon the multitude , whose whole life is but one long slumber ; or at best , Per pocula noctes ? And therefore considering them ( as the Athenians in the Acts ) ever spending their time in nothing else , but either to tell , or hear some new thing ; or , taking them , as they are , weak in judgment , but violent in will ; believing , as they affect , and presaging , as they believe ; how easie is it to make them serviceable , to any aspiring design , shall be cast before them ? And if so , how are they to be entrusted with themselves ? much less , to be lasht down-hill especially , if when we have any credit to the Poet , we also allow him in the advice to Phaeton , Parce ( puer ) stimulis , & fortius utere loris , Sponte suâ properant , labor est inhibere — For tho they would be quiet enough , if their drivers would let 'em , yet if once they get the Bitt in their teeth , or find the Reins lie loose on their necks , they grow wild , unruly , seditious , and no longer apt to be govern'd , or ruled ; and as another on the like occasion , — Non audivere jugales Imperium , & prono nec sat stetit orbita coelo . And therefore the Psalmist , that reckons it among the Prerogatives of God , to still the raging of the Sea , subjoyns immediately , and the madness of the People . Who would have thought , that Jack Cade ( alias ) Captain Mend-all in Henry 6th.'s time ; Jack Straw , and Wat Tyler in Richard 2.'s time , and their Rabbles , could have done any mischief ? and yet , they put the Kingdom into such a Convulsion , that it required some time ere it recover'd its limbs . And here , I wonder any Citizen of London can look upon the Bloody Dagger , in the dexter Canton , of the City Arms , and not remember the Loyalty of Sir William Wallworth , then Lord Mayor of London , who with his own hand , knockt down Wat Tyler , in the Kings presence , in Smithfield , and and thereby dispers'd the Rabble ; in memory of which action , that Augmentation , was first given them . In like manner , That of Thomas Anello ( or Massinello ) in Naples , about 34 years since , where so inconsiderable a thing , as the Gabel on a Basket of Fruit , or Fish , rais'd the People into a Rebellion of above 200000 men , in less than five days ; wherein ( ere it ended ) 't was odds , but the Neapolitan Courser , had ( for all the Bridle , and Saddle ) thrown his Rider , had not the Policy of that time , thought the acquest of a disputable Crown , of less concern , than the setting up again a declining , but popular , emulous , not to say pretending Family , and giving it once more , the opportunity of an Estate , that was but too mighty in Obligations already . Add to this , the late Assassination of De Witt , and his Brother , in Holland , by a wild Rabble , which also , had not been so easily quieted , were it not natural with the common People , enragedly to vent themselves on the stone that hurt them , and never regard the hand that threw it . And yet in all this there was no pretence of Religion ; but it heightens the case when that shall be edg'd in , to blanch the design : and however the voice may be the voice of Jacob , it seldom happens , but that the hands , are the hands of Esau. What mischiefs , did the Army of God , and the Church ( for so they stil'd themselves ) in King John's time ? The Holy League , in the time of Henry 3. of France ; which , albeit himself entred into , for the Extirpation of the Hugono●s , yet it was not long ere it was turn'd upon him : John of Leyden , and Knipperdolin in Germany : The Sword of the Lord , and Gideon ( as it was then called ) under John Knox , in Scotland : And the Solemn League and Covenant in our own times ; the Brands of which are it seems ) not so altogether extinguish'd , but that they , more than once , began to take fire again , tho the flame were prevented . And do we not find , that in all these , a demure , down look , and an uplifted eye , went more than half way , and a mistaken violence , the undisputable Character , of a zeal to the cause ? How much therefore , have the people more need of a Pendulum , than Fly ; somewhat to moderate , not multiply the motion ? it being here , as with Gossips Tongues , much easier to raise the Devil , than lay him . Who ever put a Sword into a mad-mans hand to keep the Peace with ? or entrusted an Ape to range in a Glass-shop ? yet such , or worse must it be , where the People are the Reformer , who never examin what they are doing , but how to run farthest , from what they were last . And if so , what mean these new Trains , to the old Fuel ? Jealousies , Murmurings , Repinings , Libels , Licentious Discourses , false News , half Whispers , Disputing , Excusing , or Cavilling upon Directions ; sometimes praising the Government , yet but slightly ( at most ) and that too , not without some pity of Defects , and ill management — Ay but — and a shrug — It were to be wish'd — but who can help it — we had — and may have again — however — a good man — 't is pity : and what 's all this , but the blowing one up , to break him , or lifting him from the ground , to be the surer of throwing him ? or , is it not what the Psalmist speaks of , Sagitta volans in die , &c. The Arrow that flieth by day , and the Pestilence , that walketh in darkness ; for tho it be not level'd at any particular mark , it cannot be , but that it must hit some body , as being shot among a crowd ; and so not improperly , in S. Hieroms Translation further rendred , by Daemonium meridianum : And truly if the Conventicles at this day ( as the Preamble of the Act for the Preventing , and Suppressing Seditious Conventicles , and Sectaries , says ) did not under pretence of Tender Conscience , contrive Insurrections , why might they not be contented with enjoying their private Opinions within their own Families , and any other number of persons , not exceeding four ? But alas ! alas ! Religion is not the matter , but following , and Parties : Is it peace Jehu ? What hast thou to do with peace ? Get thee behind me : They carry ( 't is true ) peace in their mouths , but their hands , are making ready to Battel . I 'll close this point with the double advice of our Saviour to his Disciples : Beware of the leven ( i. e. the Doctrin ) of the Pharisees : for the better understanding of which it is requisite that we consider them as they were , that is , a sort of men of the strictest Sect , of the Jewish Religion , appearing outwardly ( more than ordinarily ) righteous unto men , but within , full of hypocrisie , and iniquity : for , they did works , but to be seen of men : they shut up the Kingdom of Heaven , against others ; but , enter'd not themselves : they made long Prayers ; but , under that pretence , devour'd Widows houses : they tyth'd Mint , Annise , and Cummin ; but , neglected the weightier matters of the Law , &c. and therefore our Saviour calls them eight times , in the same Chapter , Hypocrites ; and their Doctrin , Hypocrisie . Besides ( as Josephus says of them ) they were subtil , proud , scrupulous , such as were able , openly to practise against Kings , and presumed to raise War against them , and among them : for , whereas all the Jewish Nation , had by Oaths , oblig'd their fidelity to Augustus , these men , to the number of 6000. and upwards , refus'd it . And truly the very word ( Peruschim ) whence the name is derived , speaks little less ; for it comes from the Hebrew Verb , Parasch , which in the Conjugation Piel , signifies to divide , or separate ; in which acceptation , they are by the Greeks , called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. Separatists . And by the well observing this , we shall be the better enabled , to follow that other , Take heed that no man deceive you ; for many shall come in my name , and shall deceive many : for there shall arise false Christs , and false Prophets , &c. Behold , I have foretold you : wherefore , if they shall say unto you behold he is in the Desert , Go not forth ; Behold he is in the secret chambers , believe it not : What our Saviour here said to his Disciples , he said to all men , in them ; and therefore , to make it applicable to our selves : when any such Prophet , or dreamer of Dreams , shall offer us peace , in the Wilderness of a Multitude , and Religion in the lurking holes , or covert of a Conventicle , that voice had need continually sound in our ears , Go not out ; and , believe it not , be as often redoubled ; for much better it is , that we leave the Ark to shake , as it shall please God , than follow any unworthy hands , that may pretend ( even a Call ) to support it . SECTION X. A further enquiry , Whether any Exclusision of his Royal Highness the Duke of York may be of more advantage or disadvantage . The advantage propos'd ; and whether an Act for security of Religion , be not as safe , as a Bill of Exclusion . The moral impossibility of introducing the Romish Religion , tho the Prince were of that Persuasion . The reason why the Kingdom follow'd the Reformation under Edw. VI. Qu. Mary . Qu. Elizabeth . That the case cannot be the same at this day . The Crown of England , an ancient Entail ; with the danger of Innovations . Objection , That such things have been done . So has a King been murder'd . More particularly answered , in Edw. IV. Qu. Mary , and Qu. Eliz. all three excluded by Parliament , yet came to the Crown . No man changes , but in hopes of better . The advantages of continuing as we are . It is a bar to Pretenders . The same , as to Competitors . Disorders avoided . No new Family to be provided for . The indignity of a Repulse avoided . Suppose Scotland , and Ireland be of another Opinion ; the former of which has by Parliament asserted the Right of Succession of that Crown , notwithstanding any Religion , &c. Lastly , all occasions of Jealousie taken away . Objection , answer'd . Disadvantages that have attended the laying by the Right Heir . Examples from old Rome ; and Vsurpations at home . The Revolt from Rehoboam ; our loss of France . With a conclusion from the whole . More particularly , as it relates to his Royal Highness . I Am fal'n upon an Argument , of which , some may , I could not be content to do , but I must over-do ; and yet ( permissu Superiorum ) I conceive , not : for besides that my design in it is plain , and honest , as only tending to the continuance of that peace , which , his Exclusion , may probably endanger ; it is none of the non disserenda , nor is there ( that I know ) any Law against it : And therefore , I shall ( without further Apology ) put my self upon the favourable interpretation of my Reader , as placing more assurance in the innocence of my own meaning , than the most reserv'd caution , or wariness of words . He that would hit the mark , must take his level before he part with his Arrow ; and he that would not be cheated , had need see the Scales try'd , as well as weigh the Commodity : In like manner , he that will give a true judgment of this matter , must begin with the end , that by viewing the advantage , and disadvantage of either hand , his judgment , and election , may be the more clear , and the less apt to slide into error . We 'l take the case then as it has been of late , in relation to his Royal Highness the Duke of York : The People were upon a pin , and nothing will satisfie them , but he must be Excluded , The advantage propos'd by it , not a little plausible ; The security of the Protestant Religion : and very well ; Depositum custodi , was the advice of S. Paul to Timothy , and 't is a good account of a Steward , that he has lost nothing : But here the question will arise , Whether the Protestant Religion , profess'd at this time , in this Kingdom , may not be sufficiently secured against Popery , albeit the right Heir should happen to be of that Persuasion himself . And ( with submission ) I conceive it may : for if such a person could be excluded , it must be done by Act of Parliament , and if so , where lies the difference , that an Act of Parliament , for the security of the now Establish'd Religion , against any Popish Successor , may not be of the same force as an Act of Parliament , for excluding him , in as much , as the Authority is the same : to which , because I seem to hear some one , more than whispering , that in the one case , he will not have the opportunity , in the other he may : I answer , That it is morally impossible to introduce the Romish Religion into this Kingdom , albeit the Prince were of that Persuasion : for tho the Kingdom follow'd Edw. 6. his Reformation , and Queen Mary tackt them about to the Church of Rome ; and Queen Elizabeth bore up again for Edw. 6. yet it will not be the same at this day ; for as to Edw. 6. it was no great wonder that the Kingdom follow'd his Reformation ; for besides that , it was in the hurry of a Change , Henry 8. who , tho he forsook not the Church , but Court of Rome , had yet shaken it out of its Authority , and by dispersing the Abby Lands , among such as help'd him , put it out of a condition , of recovering suddenly : And now , Religion being not the only question , who can tax the Politicks of that time , for not standing to the Pope , when by setting up that Authority again , they must infallibly have hazarded , if not lost their new interests ? whereas by complying with the Reformation , they were certain of keeping , what they had already , and in a fair way of getting more : And withal considering , there were several Opinions , at that time boiling up , what mighty matter was it to bring them to cry , Erravimus cum patribus nostris . And as to the Kingdoms tacking again with Queen Mary , that also is not so much to be wonder'd at ; for considering , that under Edw. 6. the Harvest was as yet small , and the Laborers many ; and those too not altogether knit , among themselves ; and that he liv'd not , long enough , to see the last stone laid ; and that the Queen coming in , so near after her Father , Henry 8. found ribs , and planks enough of the old Ship , left , to patch up another , for the present occasion , or till a better could be had : And the main obstacle , of securing the Abby Lands , in the hands of the Temporalty , as they lay then , dispers'd among them , being first reconciled ; no wonder ( I say ) if the Kingdom footed it to the Queens measures , and that the note was chang'd , to Super vias antiquas . In like manner , that the Kingdom follow'd Queen Elizabeth , in the Reformation , begun by her Brother Edw. 6. it is not so strange ; for considering also , how short a time Queen Mary reign'd ; and ( an inexcusable fault in Musick ) that she began a Note too high , and by that means was forc'd to run it up , even to cracking the strings ; and that the Reformation had ( by that time ) gotten some face , and credit in the world ; and therefore , the violent Persecution of it ( like Winds to young Trees ) not overthrowing it , had but fasten'd its Roots ; and withal , that such as had gotten any Church Lands , knew not what another Parliament might do , or what flaws ( in after times ) might be found in the former ; and that the probable way , of making all sure , was to order it so , that it should not be in the Popes power , to hurt them , if he would ; neither here also was it a wonder , that the Kingdom joyn'd with Queen Elizabeth , and alter'd the Carol , to a Canticum novum . But the case will not be the same at this day , for besides , that we have the Authority of a Church , confirm'd by several Acts of Parliament , even the People now , pronounce Schibboleth without lisping . Fox his Martyrs , are not yet forgotten ; and tho the Writ , De Haeretico combruendo , be taken away , the crackling of the Faggots still rattle in their ears : Nor of less concern are the Loaves , than the Doctrin ; the Land on which the Faggots grew , than the Faggots themselves : It is now 150 years since those Abby Lands were given out , and by this time , they are assimulated in Succum & Sanguinem ; and the fear of losing them , has begot more ill blood , than the first grant of them did good . I have heard of one Impropriation , given back to the Church , but the Lands , remain much as they were , tho not altogether in the same hands ; they yield good Rent , and many men are of Vespasian's mind , That all Gold , has the same scent . Sell all thou hast , and give it the poor , lost our Saviour a Disciple ; and would be thought as hard a saying now : Men are loath to part with their Wedding garment , especially , where it may so happen , to be the best to their backs . Add to this , the vast improvements made upon them in so many years , and the several exchanges , intanglements , and dispositions from hand to hand , that it would puzzle , even the Church it self , to say , which were her Sons Coat ; from whence , I close this , That let the Rabbies talk what they will , of Venient Romani , Nay , till they lay the way half plain before them , it will be yet morally impossible for them , to take away , either our place , or Nation , and much more to raise any superstructure of their own . Besides , the Crown of England , is an ancient old Entail , the Reversion , in Him , by whom Kings Reign ; and is it not reasonable , that he were first consulted , before it be dockt ? or admitting it were to be done , how are we sure , that he that is to come after , shall always continue of the same opinion ? or how are we secure , he shall not be worse ? The Spaniards have an excellent Proverb , Better is the evil we know , than the good we do not know . Sana Corpora difficile medicationes ferunt ( saith Hippocrates ) 't is better to make alterations , in sick Bodies , than sound : Twigs , and Saplings , may be easily bow'd , or remov'd ; but old grown Trees , are not so safely ventur'd on : 'T is the same in State : Innovations and alterations , even in little things , are dangerous , for it seems to acquaint the people , with the sweetness of a change , and that there may be somewhat yet , still better , which ( like our Philosophers of the Stone ) they had undoubtedly hit , but that something in it , unluckily miscarried . But , may some say , have not such things been done before ? Was not Richard Duke of York in Henry 6. 's time declar'd by Parliament , incapable of Succession ? ( Nay , after he had been declared , Heir apparent ) and was not Queen Mary , and Queen Elizabeth , the same ? I grant it ; but 't is ill arguing à facto , ad jus . That because such things have been done , that therefore they may be done again . Examples must be judged by Laws , and not Laws , by Examples . We have in our own times seen , A King murder'd by his own Subjects , and that too , under the specious pretences of Religion , and Law ; Monarchy abolish'd ; Allegiance made Rebellion ; and Iniquity , establish'd by a Law : And is this an Argument ( think ye ) that the same things , may be yet practis'd ? To give it a more particular answer ; They were declar'd incapable of Succession : 't is true , but not upon any account of Religion , but interest , as the affairs of those times then stood : but yet 't is as true , that Edw. 4. Son of Richard Duke of York recover'd the Crown , notwithstanding the said Declaration ; the only cause of the War , between the Houses of York , and Lancaster , proceeding from the Right of one , and the Possession of the other . In like manner Queen Mary , and Queen Elizabeth , were both declar'd by Parliament , not inheritable , and excluded from all Claim , or Demand to the Crown ; and yet they both successively Reigned , notwithstanding the said Temporary Disability ; which ( it seems ) the accession of the Crown , purg'd , as well as it has been said of an Attainder ; and yet their different Persuasions , diametrically opposite to each other . No man yet , ever chang'd his condition , but in hopes of bettering it : Hath a Nation chang'd their gods , which yet , are no Gods ? ( saith Jeremiah , upbraiding the ingratitude of the Jews ) And therefore , a wise man begins from the end , and first considers , whether that be adequate , to the hazard he runs . Touching the security of Religion , I have already spoken ; and next to the glory of God on High , the chiefest end of Man , is peace on earth . The end of War is Triumph , and the end of Triumph , Peace : The clashing of the Steel and Flint , wears out one another , and brings forth nothing but Fire : whereas , Peace is the Balm , that heals the Wounds , and the Cement , that fills up the Breaches of War. How careful then ought we be , to avoid , even the beginnings of strife , which Solomon aptly calls , the letting out of waters , and will of themselves , quickly wear the breach wider . Upon which , it properly follows , that we weigh the advantages we have by continuing as we are , and the disadvantages , or inconveniencies , that have follow'd such Exclusions . As to the former , 1. The continuance of a Succession in one descent , and according to proximity of Blood , is a bar to Pretenders , and the ordinary occasions of Mutiny , Competition , and Invasion , are thereby taken off : And to this purpose Tacitus , Minoris discriminis est Principem nasci , quam sumi . It is less hazard , to have a Prince born to hand , than to be forc'd to seek one ; because Subjects more naturally submit to an undoubted , unquestionable Title , and Enemies will not be so ready , to be fishing in clear water . A third , never attempts the bone , till two are quarreling . 2. We secure our selves against those disorders , which such a breach opens an infallible entrance into , and gives Ambition , and Insolence , the reins at large , which seldom stop , but multiply themselves , and the whole State , into confusion ; when after all , the best seldom carries the day , but the violent takes it by force . Of which we need no further for instance , than the ancient Brahon Tanistry , before Hen. 2. his Conquest of Ireland . 3. It takes away the danger of having a new Family to provide for : Time was , the Empire could have spread her wings ; but now , she has past so many hands , and been so deplum'd upon every change , that she has almost lost all her best Feathers , and kept little to her self , but the despair , of getting them back again , 4. It avoids the indignity of a repulse . Was ever Prince yet content , to see another sit on his Throne ? Or did ever men reckon the Sun the less , that it had suffer'd an Eclipse ? No ; mankind naturally pities any thing in distress , and passionately croud to the recovering beams . In short , we picture Time , drawing Truth out of a Pit ; and seldom find , Majesty so sunk under water , but some , or other , have been ever buoying it up again . 5. There is a present Union , and Amity between these Kingdoms of England , Scotland , and Ireland ; and who knows , whether they may be of the same Opinion . As to Ireland , it has been determin'd where it shall be bound , by an Act of Parliament , made in England ; howbeit there is a Gulph between us : But as to Scotland , the Question was never yet put ; not that I speak , as if the Kingdom of Scotland , which never did , should now begin ) to give England Law. No , nor will I believe it ever thought — however , were we at odds , — Fas est , & ab hoste doceri . Which was the better Son , he that said he would not go , but went , or he that said he would go , but went not ? They have Recogniz'd , and Declar'd , That the Kings of that Realm ( deriving their Royal Power from God alone ) do succeed thereto , according to the proximity of Blood. And that no difference in Religion , nor any Law , nor Act of Parliament , made , or to be made , can alter or divert , the right of Succession , and Lineal Descent of that Crown , to the nearest , and lawful Heir , according to the degrees aforesaid . And that by Writing , Speaking , or any other way , to endeavour the Alteration , Diversion , Suspension , or debarring the same ( by any Subjects of that Kingdom ) shall be High Treason . So now , if it should happen , that the Kingdom of England should be of a contrary Opinion , must it not in all moral probability , open a gap to a new breach , and thereby hazard the rending asunder those two Crowns in Blood ; the uniting of which , were so wisely design'd by H. 7. and as happily took effect in King James , without Blood ; and what must the consequence of it be , but that we once more fall to the old trade again . — Furit omnis turba , suoque Marte cadunt — And when ( perhaps ) it shall be said of the Conqueror , as of Alexander ( in his Expedition against the Parthian ) That he lost more by the War , than he got by the Victory ; whereas Prudence , in the Adventure , looks at the return , and in the hazard , at the likelihood , and advantage , of the success . Lastly , We hereby take off all occasions of jealousie ; to which , almost every thing serves for Fuel , scarce any thing for Physick ; it being but natural , That he must fear many , whom many fear , how groundlesly soever . But , may some say ; Peace without safety is but a breathing , or bare Truce , at best . How can that man sleep securely , over whose head , a drawn Sword hangs by a single Hair ? And who shall be Judg of that ? The Prince , whose safety depends on the love of his Subjects , and never Acts , but by his Council ; or the Multitude , who ( besides that number , and Truth , are seldom of the same side ) never condsier what they do , or the true reason why it happen'd , to be so hung ? What causes that Thunder in the Clouds , but the cross encounter of Fire and Water , mutually tending to their centre of safety ? And while a people keep within their own Circle , what danger is there of a Prince's breaking in upon them : God had looked upon the Earth , and pronounc'd it corrupt , before he sent a Deluge among them , to cleanse it . In short , there is an old saying , Divide , & impera ; and I think , another , no ways inferior , Vis unita , fortior ; I am sure it is true in experience ; he that would pluck off a Horses Tail , must do it , hair by hair ; and he that would shake a Faggot in pieces , must first pull out some considerable Stick , or cut the Band. I come now , to the disadvantages , or inconveniencies , that have attended the laying by the right Heir . Revolts , Usurpation , and Exclusion differ in term and sound , but are the same in effect , and ( which they hold in common ) never wanted their Embroils : The revolt of the Ten Tribes from Rehoboam was the fore-runner of the Captivity ; for having drein'd and weaken'd themselves with intestine War , what wonder if ( like the Frog , and Mouse in the Fable ) they became a prey to the next offerer ? The Senate of Rome excluded Nero , but mist their aim ; for one part of the Army set up Galba ; another , Otho against him ; a third , Vitellius against Otho ; a fourth , Vespasian against Vitellius ; still bickering , and beating one another to pieces , until Vespasian brought all into one hand again . Harold usurp'd on Edgar Atheling , and what was the effect of it ? but that it open'd William the Conqueror a passage to the Kingdom , and gave both encouragement , and success to the enterprise . In like manner those more prosperous Usurpations of William Rufus , and Henry the First , upon their elder Brother Robert. King Stephen , on Maude the Daughter of Henry the First , and her Son ( afterwards ) Henry the Second . King John , on his Nephew Arthur . Henry the Fourth on Richard the Second , and Richard the Third , on Edward the Fifth ; were they not founded in Blood , and defended with more ? and therefore he that shall bring them in precedent , had as good save a ramble abroad , and instance , in O. Cromwel at home . In short , the Exclusion of our King Edward the Third , Son and Heir of Isabella , Daughter and Heiress of France ( under pretence of a Salique Law ) occasioned the loss of their best men , and Kingdom also : and did not we half lose it again , on the same account , by Henry 4. his Usurping on Richard 2 ? It is true , Henry 5. recovered it again , but his Son Henry 6. almost as soon lost it , by the civil Broils between him , and Richard Duke of York , ( slain at Wakefield ) which yet ended not , till his Son Edw. 4. had recovered the Possession . And what fruit ( I pray ) did we reap of those Wars ? or rather , were they not such , as of which the Poet speaks ? Bella geri placuit , nullos habitura triumphos ! How much better then is it , by learning from other mens harms , to keep the beaten road , with safety , than upon every new notion , to entangle our selves in those passes , wherein , so many before us , have lost their way . And especially , having the light of an Act of Parliament , directing and telling us , That the ambiguity of several Titles , pretended to the Crown , then not so perfectly declar'd , but that men might expound them to every ones sinister affection , and sense , contrary to the right legality of the Succession , and Posterity of the Lawful Kings , and Emperors of this Realm , had been the cause of that great effusion , and destruction of mans Blood : And what can any man expect , but that the same cause will again produce the same effects ; and the like Asterism , the like Revolutions . To draw towards an end : It is the advice of our Saviour , Whatsoever ye would that men should do to you , do ye , even so to them , for this is the Law , and the Prophets . Would any one ( think ye ) submit , to be brain'd by a Billet , albeit in amends it were said to his Heir , the like shall never be done to your self ? especially , when the same hand , that did the one , cannot promise , for any that shall come after it : To one , praying Lycurgus , to settle a popular State in Lacedaemon , that the basest might have the same Authority , as the highest : Begin ( quoth he ) to do it it , in thy own house , first : I know not of what Spirit other men are , but if there be such a one to be found , let him throw the first stone . And yet who knows , but there may be somewhat more than we see ? Is there no old grudg ? No — Manet altâ mente repôstum ? No — Spreti injuria ? Is it all pure Religion , and undefil'd : All dry , down-right conscience ? No biass ? No interest ? No self in the case ? 't is very well : Judas made a charitable motion for the Poor , yet it might have seem'd better , had he not carried the Bag , tho he headed no Party . In short : Commines saith , He is to be esteemed a good Prince , whose Virtues are not over-ballanc'd by his Vices : And the Persians never condemn'd any man ( tho convicted ) till his former life , had been weigh'd by the same Ballance , and found wanting . To apply it : I skill not to flatter , even the dead ; and yet a moral justice is due to the living : or , our Saviour had never said , The laborer is worthy of his hire ; and Solomon , Withhold it not . Is not his Royal Highness the Son of that King , whom our late Parliaments have so often declar'd a Martyr ? and the onely Brother ( and as yet , indisputable Heir ) of this King , who hath forgiven so much , and ( to speak once for all ) Crimes greater than every thing , but the mercy that forgave them ? And what could the world have design'd him more , than what the eepectation of his mighty Birth must ( by course of Nature ) have given him ? Even the new phrase , acknowledges it ; The Presumptive Heir of three Imperial Crowns : and yet during the Banishment of the Royal Family , who serv'd with more Courage Abroad ? And since their happy Restauration , what Private Person made more Honorable Hazards at Home ? When yet he had many things to fear , and nothing to desire , but the Peace and Honor of the Kingdom : I need not far for instance , of what meets us every where : Witness for all , that memorable 3. of June , 1665. in which great Action ( with the loss of one single Ship ) he destroy'd and took 18 of the Dutch Ships of War , whereof half , were the best they had ; and touching which , a late learned Judg of the Kingdom of Ireland , thus Epigrammatically accosted his Majesty : Ad Regem , &c. Subdidit Arctoum tribus olim classibus aequor Edgarus ? At vestrae pars quota laudis erit ! Obsessum Maris Imperium , felicior armis , Asseris , & Batavas conteris ( ultor ) opes . Euge ! triumphato da jura perennia Ponto : Jam scit cui Domino pareat unda Maris . And must he after all this be smother'd in his own Perfumes ? Must those Glories he reapt from the Enemy , serve him only as so many Garlands to a destin'd Sacrifice ? And because he has deserv'd too much , will nothing but an Ostracism pay off his Debentures ? Let every man lay his hand on his breast , and once more make the case his own ; and then , I doubt not , but he will walk up to the thing he startled at , and by giving himself a distinct view of what ( before ) frighten'd , be the more easily persuaded into his senses , and shame his fear : And I press it the rather , in that his Royal Highness ( I have it from a Noble hand , of too much Honor to falsifie ) hath so often declar'd , That were it in his power to effect it , he would rather cut off his Arm , than make the least alteration in the Religion , or Law of the Kingdom , as it is now establish'd : And if Truth be sacred with private men , how much more must it be with a Prince ? when , whoever wounds it , to save himself , does but take a blow on his head , to save his hilt . To draw to an end ; Has any man for companies sake been persuaded out of his way , what dishonor is it if he comply with the advice of the Angel to Hagar , Return , and submit ; or that other of our Saviour to the Lawyer tempting him , Go , and do thou likewise : and then he will the more unbiastly determin , whether Religion , or Monarchy , be the point in question , and what these murmurings against the Heir mean , if they carry not under 'em , a design on the Inheritance : for , let the pretences be what other they please , even the best Virtues may be suspected , when they become ostentations ; and therefore , when men shall mask their Conspiracies with the name of Publick Good ; pretend Conscience , against Duty ; love to their Country , whereby to chalk a way to their own Ambition ; zeal to Religion , to cover their own wild-fire , they may ( I say ) be suspected , as made use of , rather to purchase a Principality on Earth , than the Kingdom of Heaven ; in as much as such courses , have been ever condemned , by the same Religion they would pretend to defend . Upon the whole matter : What the pretences of the late times ended in , we have most of us seen , and what influence they yet held on our own , we had ere this felt , had not God been more merciful , in the discovery of the late horrid Association , and Conspiracy , against the lives of his Sacred Majesty , and his Royal Brother : Who would not swear they were of the same batch ? for they agreed in substance , however otherwise , they might differ in circumstance : both ( like Sampson's Foxes ) were set upon destruction , tho they drew the fire-brands a contrary way . Those of 1641. did their work by degrees , Nemo repente fuit turpissimus — One Party , murder'd our late Sovereign , as a King , before the other , murder'd him , as a man ; tho each yet , as deep in the guilt , as t'other ; for , Qui vult media ad finem , vult etiam , & ipsum finem ; He that wills the means con●●ucing to the end , wills also the end it self : These of this present , have seen that error , and thus far repented it to his Son , That they laid the Ax to the root of the Tree , and took up the advice of Abishai to David ( when they had found Saul sleeping . ) Let me smite him even to the earth at once , and I will not smite him the second time : But , God has been once more seen in the Mountain ; They are sunk in the Pit they made , in the Net which they hid , is their own foot taken : And therefore , to the numerous congratulations on this happy delivery , I 'll close all with that of Barclay , Vicimus O tandem non inaudita piorum Vota Deis ! Nunc , alma salus , nunc , secula curat Jupiter : Omnis Io superum domus ! omnis honores Ara ferat ; nullaeque vacent a fronte Coronae . Which I have thus adventur'd to Translate , as more agreeable to the present sense , than any useless dwelling on the Letter : We have o'recome ! nor were our Prayers in vain ; We 're once more safe ; and Heav'n , proves Heav'n again : Your Organ Temples ! Deck your Altars round ! Hallow the Threshold ! Let the Posts be Crown'd ! FINIS . Notes, typically marginal, from the original text Notes for div A66571-e1060 Cicero de legibus , lib. 3. Ovid Metam . Gen. 1.26 , 27 , 28. That it is founded in nature . Virgil Geo. As consonant to the Divine Government . And of Divine Institution . 1 Chron : 29.23 . 2 Chron. 9.8 . 1 Sam. 2.10 . 2 Sam. 22.51 . Obj. Sol. 1 Lam. 4.20 . Isa. 45.1 . Jer. 25.9 . Acknowledg'd by Heathens as well as Christians . Hesiod . Homer . Acts 17.28 . Psal. 82.6 . Arch-Bishop usher . Psal. 8.6 . 1 Pet. 2.13 . Cain a Monarch . Seld. Tit. Hon. 4. The Kingdoms of Saturn , &c. Monarchies . De legibus , l. 3. Just. l. 1. That the original of Power came not from the People . The Irrationality of the contrary . Co. 8. Rep. 92. Vide Bishop Sanderson's Preface to the Power of Princes . The ill consequence of it . Rom. 13.2 . Dyer 256 Co● 4. Rep. 24. Noah and his Sons Kings . Seld. Tit. Hon. 5 , 6. Gen. 10.32 . Ecclus. 17.17 . A Family an exemplary Monarchy . Gen. 9. Gen. 21. Aristot. pol. l. 1. c. 8. What the Paterfamilias was . Pro Quintio . De Repub. l. 5. His power of life and death . Pro domo sua . Gen. 49.1 . Pol. l. 1. c. 8. Gen. 4.7 . 2 Kings 2. The exercise of it in Judah . Gen. 38. Abraham . Gen. 22. Jephthah . Judges 11. Gen. 22. Godw. Jew . An●●q . c. 1. Judges 8. Brutus . Monarchy , upon the increase of Families . Esau. Gen. 36 , Gen. 14. Josh. 12. The Assyrian Monarchy . The Persian . The Grecian . The Roman Monarchy . All other ancient Nations Monarchies . Bodin . Selden's Tit. Hon. 10. And as universally received by the Moderns . Precedent to all other Governments . Arist. pol. l. 4 , Lord Baeon . The several Forms of Government . Arist. Pol. l. 3. c. 5. And their Rotations . Discourse on Livy , Deca . 1. Aristocracy . Democracy . Virgil. Ovid. Metam . Tyranny , to be rather wisht than either . Examples in Athens , &c. Florus , l. 1. Tacitus , l. 1. Rome from the first Consulate . Florus , l. 1. c. 23. Their Tribunes . Rosi● . Antiq. l. 7. c. 19. Lib. 1. c. 24. Id. l : 3. c. 14 , 15 , 16 , 17. Several Seditions . Marius and Sylla . In vita Syllae . Fastorum , l. 4. Crassus , Caesar , Pompey . The two latter divide . Flo. l. 4. c 4. Ibid. cap. 8. Lib. ● . Ep. 75. Caesar complemented to Rome by the Senate . God. Rom. Ant. 171. Flo. l. 4. c. 7. The Triumvirate . Rofin . Antiq. l. 7. c. 21. Their Proscriptions . Rosin . Antiq. l. 7. c. 21. And Breach . No peace , until Monarchy restor'd . Florus , l. 4. c. 12. The sense of those times touching this matter . Amp. in lib. memoriali , c. 28. Lucan . Statius . 1 Sam. 8. throughout . 1 Sam. 10.25 . 1 Sam. 8.20 . 1 Kings 2.27 . 1 Kings 25.34 Object . Sol. Deut. 17.15 . Judges 9.18 . 1 Kings 12.3 . Inst. 4 343. Seld. Tit. Hon. 24. Marks of Sovereignty : Power of making Laws . Psal. 60.7 . Virgil. Livy . Psal. 114.1 . And exemption from any coactive Obedience to them . Joseph . Ant. l. 15. c. 14. Panegyr . ad Trajan . Power of Peace and War. De Repub. 163. Id. Bodin , 182. That the Kingdom of England is a Supreme Imperial Monarchy . The Kings Power in making Laws . In his Resusc. fol. 153. Ibid. 154. Ibid. fol. 276 : Sir E. Coke's Preface to his third Report . Sir Jo. Davys Preface to his Irish Reports . 36 Edw. III. cap. 15. Sir Jo. Davys Preface to his Irish Reports . Sir E. Cooke , Sur West . 2. Inst. 4.243 . Inst. 2.286 . Indictment against the Earl of Areyle , 1681. The Kings Power in interpreting Laws . Cited by him in his Postnaci . Sir H. Spelman's Gloss , fol. 107. Inst. 1.99 . Inst. 2.168 . Vide Petition of Right , and his Majesties Answer , 3 Car. 1. Vide Stat. at large , fol. 1433. His being exempt from their coactive force . Inst. 1.99 . Ibid. 73. Ibid. 110. Inst. 4.28 . Ibid. 46. ●ract . l. 1. c. 8. 1 Jac. Claudian . The Kings absolute Power of Peace , and War. Nat. Brev. 113. Ess. of Delay . Inst. 3.9 . 25 Edw. 3.2 . 7 Rep. 25. 13th . of this King , cap. 2. Sir E. Cooke , Inst. 1.90 * Subscribed to , by all the Judges ( in the case of Ship-Money ) and by Hatten , and Crooke , tho they fell off afterward . Sir Will. Dugdale's Short View , fol. 42. Inst. 1.161 . The Kings Power in appointing chief Magistrates , and great Ministers . Smith de Repub. Ang. l. 2. Inst. 2.26 . Inst. 3.7 . The Power of the last Appeal . Inst. 4.343 . Ibid. 341. Matth. Paris , cited by Sir J. Davys , in his Irish Rep. 61. Answer to Petit. p. 88. Ass. de Clarend . 10 H. 2. c. 8. Inst. 4.14 . 16 R. 2. c. 5. Vide , The Case of Premunire , in Sir John Davys . Inst. 4.341 . Inst. 2.602 . Sir H. Hobart , fol. 146. The sole fountain of Honor . Inst. 4.126 . Inst. 1.65 . Inst. 4.363 . Seld. Tit. of Honor , 621. Ibid. 628. Ibid. 630. Inst. 1.69 . May create a Palatinate . Camb. Britt . 464. Seld. Tit. Hon. 530. Inst. 4.211 . Camb. Britt . 600. Plowd . 214. Inst. 4.204 . in the Margin . 9 Jac. in Scac. fol. 49. As also , Seld. Tit. Hon. 693. Stat. Hibern . 14 Car. 2. c. 20. Have made a King and Lord of Ireland . Seld. Tit. Hon. 38.41 . Inst. 4.357 . Inst. 1.83 . Ibid. Seld. 26. Sir E. Cooke 5 Rep. 110. in Foxley's Case . Inst. 3.233 . & 241. The King appoints the value , &c. of Coin. Sir J. Davys , q. v. Case de mixt Moneys . Stat. 25 Edw. 3. cap. 2. Sir J. Davys in Pref. 5. Rep. 114. Inst. 2.576 . Inst. 1.207 . Liege Homage received by our Kings . Seld. Tit. Hon. 26. Ibid. 29. Ibid. 24 , 25.38 . Inst. 3.11 . Their burning those incommunicable Titles of Majesty , &c. Tit. Hon. 594. Ibid. 92. Further instances of the Kings Sovereignty by the Common Law. Inst. 1.1 . Inst. 2.68 . Inst. 1.13 . Ibid. 42. Inst. 1.15 . 1 H. 7.4 . Plowd . 238. Inst. 4.352 . Inst. 3 7. 7. Rep. in Calvin's Case . Ibidem . 23 H. 6. c. 8. 11. Rep. of the Lord De la Ware. 13 Edw. 3. Inst. 4.342 . Vide Seld. Tit. Hon. 21. Ann. Reg. 14. Ann. 40. Ed. 3. Inst. 4.13 . & 357. 18 Edw. 3. Inst. 4.88 . & 104. Inst. 2.167 . Inst. 1.90 . & 344. Inst. 2.496 . Bract. l. 1. Britt . f. 27. Regist. fol. 61. 1 Sam. 6.19 . The like from the Statute-Law , and that the Crown of England is Imperial . Inst. 4.343 . 16 R. 2. c. 5. Vide Article against Woolsey . 21 H. 8. I●st . 4.89 . 24 H. 8. c. 12. 25 H. 8. c. 21. Vide Cap. 22. 88 H. 8. c. 7. Vide cap. 16. Stat. Hibern . 28. H. 8. c. 2. Stat. Hibern . 33 H. 8. c. 1. 1 Eliz. c. 1. and Cap. 3. 5 Eliz. c. 1. 1 Jac. c. 1. Stat. Scotiae 5. Jac. 3. c. 3. Printed at Edenburgh , 1681. The Kings Power in Ecclesiasticks . Sir H. Hob. 143. Inst. 1.94 . Glanv . l. 1. c. 7. Inst. 4.285 . Inst. 1.134 . & 344. Ann. Reg. 17. Math. Paris , fol. 213. Answ. to Pet. fol. 88. 40 Edw. 3. The Act is not in the Statutes at large , but you may find it , Inst. 4.13 . Ibid. 357. 25 H. 8. c. 2. This was set out by Dr. Bernard , in 16 1. in a Book , entituled , Clavi Trabales , with the Bishop of Lincoln's Preface to it , p. 82. Inst. 4.357 . Ibid. 359. Regist. 294. Fitz. N. Bre● . Printed in 1666. 411. 6 Edw. 3.11 . 11 H. 4.68 . 11 H 4.60 . 11 H. 7.12 . Sir Hen. Hob. fol. 146. Inst. 3.238 . Fitz. N.B. 662. Inst. 1.344 . Dyer , 348. Ibid. 294. The same 3 Car. 1 c. 4. Inst. 4.342 . Inter Leges Ed. c. 17. Mr. Hooker , of the Kings Power in matters of Religion , Cla. Trab . 72. Inst. 4.323 . Cro. Jac. 371. 22 Car. 2. That the Kings of England have justly used the Titles of Emperor , &c. and that from Ancient Ages . Seld. Tit. of Honor , f. 17. Sir Edw. Coke's Preface to his fourth Report . Camb. Brit. 189. Ibid. Seld. Inst. 4.343 . Ibidem . Ibid , Seld. 1 Object . 1. Object . 2. Sol. 1. Bodin , l. 2. Ibid. Bodin . Sol. 2. The manner of the Three Estates applying to the King. 3 Car. 1. 1 Jac. 1. 1 Eliz. 3. 1 Mar. Sess. 2. 28 H. 8. c. 7. 1 Rich. 3. 3 Edw. 4. 4 Edw. 3. ●5 Edw. 3. 1 Edw. 1. Stat de Scat. 51 H. 3. What these Three Estates are . Inst. 4.1 . Inst. 1.110 . Lib. 5.233 . De Repub. l. 1. Coll. Fr. T●●ffe his Speech to them , ●rom the Duke of Lorain , 1674. Sir H. Spelm. Gloss. f. 449. 1 Pet. 2.13 . To presume him such , were to make him but a Co-ordinate Power . Bar. Arg. l. 1. He cannot Summon himself . Novum Organ . Aphor. 46. Where were these three Estates , before the Commons came in to be a third Estate ? 1 Chron. 28.1 . 2 Chron. 5.2 . Inst. 4.3 . Answer to Mr. Petit. 19 , 20. Sir H. Spelm. Gloss. 450. Inst. 4 3. For so Mr. Selden takes the words , Tit. Hon. 580. Ibid. 524. Answer to Petit. 44.46 . Ibid. Answ. 52. Seld. Tit. Hen. 581. Ibid. Answer , 56 , 57 , 58. Monast. Ang. Tit. Hon. 581. Pet. 61 , 62 , 63. Tit. Hon. 583. Sir H. Spelm. Tit. Baro. Pet. 80. ad 99. Sir H. Spelm. Gloss. 451. Ibidem . The time when it is most probable they first came in . 20 H. 3. Vide Stat. 52 H. 3. Gloss. 452. The Lords Temporal one great Estate . The Lords Spiritual one other distinct Estate from the Lords Temporal . Inst. 4.1 . Seld. Tit. Hon. 594. Inst. 4.322 . 8 H. 6. c. 1. Stat. 1 E. 1. Stat. 13 E. 1 40 Edw. 3. An Act of Parliament in point . 8 Eliz. c. 1. Express Authorities to prove the King none of the Three Estates . Inst. 4.1 . Cowel Interp. Tit. Parliam . Tit. Scotland , fol. 7 , 8. Stat. of Scotl. 3 Jac. 1. c. 48. Printed at Edenb . 16. October , 1669. All Printed at ●denbr . 1681. English Stat. 1 Jac. c. 1. Inst. 4.351 . A short Recapitulation of Affairs , before his Majesties return . Part of the Epitaph , of Mary Queen of Scots . Scobel's Collection of Acts , 1648. That he wanted not opportunities of resenting them , had he design'd it . Virgil. Strada . 1 Sam. 10.26 . 1 Chron. 10.5 . 2 Sam. 18.3 . Eccles. 8.3 . 2 Sam. 3.36 . Eccles. 10.20 . Exod. 22.18 . Psal. 105.25 . Eccles. 8.2 . 〈◊〉 . 20.2 . 〈◊〉 . 1. Sci. 1. Job 36.18 . Object . 2. Sol. 2. Rom. 3.29 . The like of other Nations to their Kings . Herodot . l. 8. De morib●s gentium , l. 1. cap. 5. Ibid. l. 2. c. 10. Append. ad Pet. Ciacc . de Triclinio , 327. Object . 3. Sol. 3. The precept of Obedience is without restriction . Exod. 1.9 , 10. Ezra 6.10 . Jer. 29.7 . 1 Sam. 15.26 , 35. Idolatry , no ground to resist . Matth. 22.21 . 1 Tim. 2.1 , 2. Bellarm de Po●t . l. 3. c. 9. Buch. de j●re Reg. p. 61. In Apolog. Much less , things indifferent . Dyer , 23.148 . Vide , Preface to the Liturgy , and touching Ceremonies . The example of our Saviour , in his Instituting his last Supper . Deut. 12.11 . Rosin . Rom. Antiq. l. 5. c. 27. Lipsii Saturn . lib. 1. c. 6. Mat. 26.23 . John 13.26 . Mat. 10 4. Least of all , injury . John 18.11 . Acts 25.5 . Exod. 12.37 . 1 Sam. 22.2 . 1 Kings 19.18 . 1 Sam. 19.4 . Jer. 38.9 . Esther 7.3 . If any ground were to be admitted , that would never be wanting . Semido in His● . of China . 2 Kings 8.13 . It was to be done piece-meal . The Kings necessities to be supply'd with complaints . Rushworth's Coll. fol. 40.183.402.656 . Plots discover'd , Fears and Jealousies promoted . Sir Will. Dugd. Short View , &c. from fol. 67. to fol. 124. Octob. 6.1642 . Religion cants its part . 2 Sam. 15.11 . Leading men , to make it Law , and Gospel . The examples of Corah , &c. Numb . 16.3 . 1 Kings 1.19 . The same Game playing over again . 2 Kings 18 . 2● . Prognostications , &c. Hudibras . The ill consequence of such impressions . Matth. 13.25 . Acts 17.21 . Ovid. Met. Barkeley , Argen . l. 3. Psal. 65.7 . The examples of Jack Cade , and others . 4 Rich. 2. Vide , The History , written by a noble Neapolitan . Holy League in France . Comb. Britt . 509. Lord Bacon ● Essaya , 78. Solemn League and Covenant at home . New Trains to the old Fuel . Psal. 90.6 . 22 Car. ● . Our Saviours advice to his Disciples . Mark 8.15 . Acts 26.5 . Luke 18.11 , 12. Mat. 23.27 . What the Pharisees were . Luke 12.1 . Josephus Antiq l. 17. c. 3. Godw. Jewish Antiq. 40 , 41. Mat 25.5.23 , 24 , 25 , 26. Made applicable to our selves . The end , to be consider'd in all things . The advantage propos'd in Excluding his Royal Highness . Wherein is at Act for security of Religion less than a Bill of Exclusion . Object . ●ol . The moral Impossibility of introducing the Romish Religion , tho the Prince were a Romanist himself . The reason why the Kingdom follow'd Edw. 6's Reformation . Queen Maries going back . S●at . 1.2 . Ph. and Mary , c. 8. Queen Eliz. return to it . That the case cannot be the same at this day . John 11.48 . The Crown of England an old Entail . Aphorism : The danger of Innovations . Object . But such things have been done . Sol. ●o has a King been murdered . More particularly answered in E. 4. Qu. Mary , and Qu. Eliz. all excluded by Parliament , yet came to the Crown . 28 H. 8. c. 7. No man changes but in hopes of better . Jer. 2.11 . Prov. 17.14 . The advantages of continuing as we are , Pretenders , barr'd . Annal. 1. Disorders avoided . Vide Case of Tanistry , in Sir J. Davis's Irish Reports , f. 29. No new Family to be provided for . The indignity of a repulse , avoided . Suppose Scotland and Ireland should be of another opinion . Virgil. Act of Scotland , for asserting the Succession of that Crown , 1681. Ovid Met. All occasions of jealousie , taken off . Object . Sol. Gen. 6.12 . Disadvantages that have attended the laying by the right Heir . Revolt of the 10 Tribes . At home . Our loss of France . Lucan . 25 H. 8.22 . Matth. 7.12 . Plutarch in vita Lycur . John 12.6 . Luke 10.7 . Prov. 3.27 . Lord Chancellors Speech to the Parliament at Oxon , 10. Octob. 65. Oliver Jones Esq second Justice of his Majesties chief place in Ireland . Gen. 16.9 . Luke 10.37 . 1 Sam. 26. ● . 〈◊〉 . l. 3.