WONDERFUL PREDICTIONS OF NOSTREDAMUS, GREBNER, DAVID PAREUS, and ANTONIUS TORQUATUS.  
Wherein the GRANDEUR of Their Present Majesties, THE HAPPINESS of ENGLAND, AND DOWNFALL of FRANCE and ROME, Are plainly Delineated.  
WITH A LARGE PREFACE, SHOWING, That the CROWN of ENGLAND has been not obscurely foretold to Their MAJESTY'S WILLIAM III. and MARY, late PRINCE and PRINCESS of ORANGE; And that the People of this ANCIENT MONARCHY have duly Contributed thereunto, in the Present ASSEMBLY of LORDS and COMMONS: notwithstanding the Objetions of Men of different Extremes.  
LONDON, Printed for J. Robinson at the Golden Lion in St. Paul's Churchyard, T. Fox in Westminster-hall, and M. Wotton at the Three Daggers in Fleetstreet. 1689.   

To the Right Honourable CHARLES Earl of MACCLESFIELD, LORD PRECEDENT of WALES, And one of His MAJESTY's Most Honourable PRIVY-COUNCIL.  
MY LORD,  
SINCE the Great Grotius and Sir Matthew Hales, sometimes softened their severer Studies with Verse; I hope Your Lordship will not think a plain English Preface the more unworthy of Your Patronage, because of the Rhimes that follow it.  
Certainly we are bound by the most Sacred Ties, to use all Means in our Power for the Preservation of the present Government, with which the Protestant Religion throughout Christendom may expect to flourish or fail, as to its visibility. And as Your Lordship's Sword is ready, under our Glorious King WILLIAM, again to do Wonders, whenever this Noble Cause shall draw it; permit me in the mean while, under Your Lordship's Banner, to offer this Earnest of my utmost either natural or acquired Force in its Service, against a sort of Enemies below Your Lordship's Indignation.  
Some of them, being Men of Letters, will yield to no Authority, but what they find in Books; and were it not for the Invention of Printing, would almost have been deprived of the use of Reason: For these, I hope, I have brought both Weight and Measure, and proved to them, that our Government is as Legal, as it may be Happy, if they please; and, I doubt not, will be, whether they please, or no.  
With others, no Arguments are of any moment, but as they work upon their Hopes or Fears; and Reason in them is always subservient to Sense or Interest: These, if they have not Religion, at least are Superstitious, and as the Poet has it, are the Men who tremble and look pale at every Flash of Lightning: Every cross Accident is with them a Presage of more, and 
Hi sunt qui trepidant & ad omnia fulgura pallent.  disposes them to change their Side; and time was, when by looking up to the Fane over the Horse-Guards, one might know who they were for. If these Men can be persuaded, that the wonderful Successes which his present Majesty has met with, have been plainly foretold, and that no less are promised yet to come; if they do not assist, they will not dare to oppose: And till they can either fix an Imputation of Forgery upon the Predictions here collected, or evade their Agreement with known Events, the Government has them sure.  
I must confess, I believe it will never be well with this divided Nation, till Men act, like Your Lordship, upon more generous and steady Principles. Whoever espouses Truth only while it is prosperous, is beholden to Chance for his Honesty, as some have been for their mistaken Loyalty, with which specious Pretence, they have varnished over a long Series of the most 
Vid. the Lord Delamere and Sir Ro. Arkyns upon the Lord Russel's Trial, and Mr. Hawles' Remarks upon that and others, etc.  illegal and barbarous Actions, that ever were the Reproach of any Civilised Nation.  
Under that Rage Your Lordship suffered; and not to have suffered, would have been enough to have brought Your Fame in question; when it was hardly possible for one of so great a Figure to live in safety, without such shameful Compliances, as our English Spirits were never guilty of in the darkest Ages of Popery.  
These things, I am confident, Your Lordship would be loath to remember against any, now likely to represent themselves fair to a Prince newly come from abroad, were it not for the manifest Tendency, I may say, Effects, of their Principles: And till they either publicly repent of, or condemn those Doctrines, upon which such Actions are grounded, Your Lordship may well apprehend a Relapse into the former State.  
The Absurdity of their Notions is not a more proper Subject of Laughter, than the Gild is of Punishment; yet had they the Ingenuity, by a free Confession, to stop the spreading Contagion, I dare say, few would have the ill Nature to upbraid them with their Faults.  
I am sensible that I have raised many Enemies, by the Freedom which I have taken with them; yet methinks that Caution and Discretion which has withheld others more able, who look more at Times and Seasons than Things, is little less than Criminal; at least, they deserve no Praise, who will not make or enter a Breach, till covered with Crowds. Sure I am, many lamented Worthies have been condemned in Form of Law, and censured by the thoughtless higher and lower Vulgar, because of the Pusilanimity or Treachery of others, or fatal Lethargy of 
— Sed quid Turba Romae? sequitur fortunam ut semper, & odit Damnatos—  the Times; in short, have been thought Fools and Traitors, because they could not Prophesy.  
Yet, as Your Lordship has declined no Danger, where the Cause of Your Religion or Country called, permit me, tho' not to aspire to the Imitation, to profit by the Example.  
Many Men above Fears, are Slaves to Ambition or Gain, perfect Mercenaries, and fight for Pay; they think the World but a Stage to scramble on, and he that gets most, tho' to the ruin of Thousands, is with them the Bravest Man. If Your Lordship had been of this Mind, Your Valour might have carved out a Fortune enough to have bought a Nation to Your Side.  
But that Trust which His present Majesty has reposed in Your Lordship, is more valuable, than the Indies given by unthinking Multitudes or Monarches; and I doubt not but Your Lordship will, in Execution of so high an Office, show that Bravery of Nature, Fidelity by Principle, and Skill both in Civil and Military Affairs, from a long well-improved Experience, as may sufficiently satisfy all reasonable Men in the difference between the Ministry of the last Reign, and This.  
For my own part, since my early Zeal for the Service of Your Lordship and the Public, in truth, of the Public in Your Lordship, has entered me of Your Retinue, permit me the Glory of declaring to the World, that I am  
(MY LORD) Your Lordship's most Obliged and Devoted Humble Servant, WILL. ATWOOD.   

PREFACE.  
AFTER those Great and Glorious Things which His present Majesty William III. has done for this Nation, had we not made His Government our Choice, as His Protection was our Refuge; the Ingratitude would have been as signal, as our Deliverance has been, through His auspicious Conduct. And whoever opposes this, may be thought to fight against those Providences and Predictions, which give as it were a Sacred Unction, and Designation of His Person, to the Supremacy of Power among us. Yet how plainly soever this seems to have been designed by Heaven, I must own, That alone will not authorize Endeavours to this End, unless it can be done without Injustice to any: For otherwise we should make God the Author of those Sins of Men, which have often been foretold.  
But in order to satisfy those who question what is their Duty at this time, either for Acting or Acquiescing, I shall show that we have been Grateful without being Unjust, and may cheerfully act under the present Government, in sure and certain hope that those great Things which are already come to pass, according to plain Predictions, are the happy Omens and Earnests, of greater yet to come, being equally promised. For which end I shall consider,  
1. Whether we may not, by comparing the following Predictions, reasonably conclude, That as the Crown of England has been destined for the late Prince of Orange, the better to qualify him for the executing God's Purposes for the Benefit of Mankind; so it has been long since foretold?  
2. Whether the People of England have not a rightful Power to contribute towards their Accomplishment?  
4. Whether that Power has not been duly exercised in the present Assembly of Lords and Commons?  
Many, I know, despise Prophecies, and laugh at the Observers of those Hand-writings from above; and others, tho' they own that some Beams of Divine Light had visited the dark Ages of the World, before the Sun of Righteousness appeared, and that they were more frequent during its abode upon Earth, and for the two or three first Centuries after: Yet they will have it, that ever since God has kept his Foreknowledge to himself, without communicating any Notices of it to 
Nostredamus Natus Anno 1503.  Mankind. Be their Opinions as it will, 'tis not unlikely that many, who have been doubtful what Course to steer in their Endeavours for 
Denatus Anno 1566.  the Public, will attend to these Divine Admonitions.  
But that Nostredamus, either through Judicial Astrology, or Divine Inspiration, 
The Edition here chiefly followed, Anno 1568.  or both, as himself professes, did foretell many things which have come to pass, must not be denied by any body who reads him; 
Vid. his Preface to his Son.  as where he says, That the Senate of London, that is, the Parliament of 
Cent. 9 49.  England, or those of it who usurped its Name, should put to Death their King: That London should be burnt in Thrice twenty and six, that 
Cent. 2. 51, 53.  is, Sixty six; and that the Plague should not cease till the Fire: Where, according to what himself observes of some of his Predictions, he limits the Place, Times, and prefixed Terms, that Men coming after may 
Vid. Nostredamus his Preface.  see and know, that those Accidents have come to pass as he marked. What he says of the Bastard of England's being half received, is not more obscure, or less verified. Nor does there seem a greater Veil upon what 
Cent. 3. 80.  he says of the West's freeing England, where he in very lively Characters represents the Event of the first and second Attempt there. And as we find those things to have fallen out accordingly, we have great 
Cent. 1●. 80. 82. 83. Cent. 6. 43. 3. 9 3. 49. 6. 34.  ground to believe, that what he speaks of his native Country France, was from a certain Foresight.  
Who can withhold his Belief from all those Particulars in relation to it, which he speaks not in the least mysteriously? Or can any one doubt, but that this present Juncture bodes it those Ills which he threatens? The Fleet in the West, and the great Appearance there, with His Majesty's stupendious Progress, not without cause, made the 
Cent. 5. 34. 9 38. Gazet, Dec. 6. Paris, Dec. 8. Orders are given for the fortifying with all possible diligence the Town and Citadel of Blay on the Garonne.  French King think Danger approaching by Blay. Nor can it be a question, who is meant by the Chief of the British Isle, or the Great 
a Cent. 9 38. 9 64. 10. 7.  Aemathien, who is to lead the English to Glorious Enterprises. Can it be other than the Celtique, that is, Belgic Prince, of Trojan, that is, English Blood, of a 
b Cent. 6. 2.  Germane Heart, 
c 5. 24. 5. 87.  married to one of Trojan Blood, and in safe Alliance with the Spaniard? I will not be positive, that a King's danger of drinking the Juice of Orange, unless he yield to an Accommodation, must necessarily be intended of the late King and this; tho' I am very confident no time can be shown when this could be so properly applied. I cannot but think, that Nostredamus has foretold the Fate of 
d Cent. 6. 7. 10. 56. 5. 18. 5. 4. 4. 22. 4. 75. 1. 13. 1. 35. 2. 78. 2. 38. 5. 4.  James the Second; the 
e 8. 58. 10. 26.  Question for the Kingdom between this Prince and the reputed Brother-in-Law; the carrying the Babe into France, the Father's not being able to make good the Title of his Blood, and this Sham's being the occasion of the late Prince's accepting the Crown. And who can doubt, but this King is that Native of Friezland (as one Part of a Country may be taken for the Whole, or other Part of the Whole) to be cbosen here, upon another's having Death given him drop by drop by the Guards? Nor can it be denied, that J. 2. has received his Deaths-wounds, or occasion of a lingering Death, in a great measure, from his own Guards. Nor is the Crown more plainly foretold to His Majesty from an Election, than it is to His Royal Consort by way of Succession, which are both exactly fulfilled in that happy Partnership in Dignity, while the Regal Power is kept entire to accompany the Marital.  
In two Particulars I have taken a Liberty with Nostredamus, which I cannot but think allowable. 1. Where his Words admit of different Senses, if I have not left them in aequilibrio, equally applicable to either, I have determined them to that which best agrees with Events: For if he has truly foretold any thing without ambiguity, we are to believe, that in others, he, or the Spirit which dictated to him, intended what has fallen out, if the Words will bear it. 2. Whereas the Stanzas of his Predictions are scattered up and down, like so many Sybilline Leaves, I have gathered and sorted them together, according to past Occurrences, or that relation to the future which they seem to bear; and certain it is, that God's Holy Spirit foresaw all things in their true Order. I must own, that the like Persons and Actions may come upon the Stage more than once; wherefore of many, every body is left to his own Conjecture; but in others, the Parallel is so exact between Nostredamus his Descriptions, and what has come to pass in the whole or in part, that where a Connection of Events seems to be pointed at, 'twill be as difficult not to entertain warm Expectations of the Accomplishment of the Whole, as to deny that Part is fufilled: And many Personal Characters, tho' given in distant Stanzas, have that mutual Resemblance, that they look like several Parts, or Lineaments at least, of the same Face, and may without blame be drawn together.  
Grebner seems rather to give an Account of what he had lived to see, than to foretell what lay in the Womb of Time: Who can deny, but 
A MS. in Trinity-college Library in Cambridge, cited in the Future History of Europe, Ed. An. 1650. and in the Northern Star. Nolo, Nolle, Nullus.  that he pointed at the Misfortunes of Charles the First, with the Occasion of them, the Generalship of the Earl of Essex, then of Sir Thomas Fairfax? And it is not improbable that the Nullus coming next, might be Nol. Nor can it be a question but the late Prince of Orange, who by the Mother's Side is Grandson to Charles the First, and Son-in-Law to James the Second, is that Person of Charles his Lineage, who was to Land upon the Shore of his Father's Kingdom, with such Forces as His present Majesty had with him: And if this be admitted, I am sure His Reign in his own Right is foretold; for the Prophecy of that Person says, Regnum suum felicissimè administrabit; and since Grebner speaks of one to Reign here after the Knight and the Nullus, it makes it highly probable, that he had a Foreknowledge of the Protectorship of Oliver Cromwell, who was commonly known by the Name of Nol.  
David Pareus, one would think, had seen the Person of the Prince of 
David Pareus natus Anno 1548. obiit Heidelbergae Anno 1622. postquam triennio ante per quietem vidisset totam urbem occulto incendio fumigantem, etc. Hoffmanni Lex.  Orange in a Divine Dream, as he was thought to have seen the City of Heidelburgh in Flames three Years before it happened: Nor is he singular in calling his Hero a Grecian King; for Nostredamus called his the Aemathien: either resembling him to Caesar, who conquered Pompey in Greece, in the Aemathien, or Pharsalian Fields; or else with respect to the future Progress of his Arms as far as Pareus mentions.  
Antonius Torquatus, who wrote above Two hundred Years since, looks like an Historian setting forth the great Changes and Occurrenrences in Europe, during the two last Centuries, and not obscurely to describe the present Juncture of Affairs: Nor does his Northern Prince 
Ant. Torquatus de eversione Europae, Dedicated to Mathias King of Hungary, Anno 1480. Edit. Anno 1552.  seem to he other than the English-Belgick Lion.  
2d. As to the rightful Power which this Nation had to contribute towards the accomplishing of those Prophecies, which mark the late Prince of Orange for King of England,  
Not thinking it worth the while to refute the fond Notion of an Absolute 
a See this excellently well done by my Learned Friend Mr. James Tyrrel, in Patriarcha non Monarcha.  Patriarchal Power, descending down from Adam to our Kings, in an unaccountable way; I shall take it for granted, that, as 
b Grot. l. 3. p. 52. Summae potestatis Subjectum Commune est Civitas. Vid. Schellium de Jure Imperii, p. 32. Plato 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 definite eum qui judiciorum & magistratuum particeps sit.  Grotius has it, the Civitas is the common Subject of Power; this, in the most restrained sense, is meant of the People of Legal Interests in the Government, according to the first Institution. Yet if they are entitled to any fort of Magistracy, they become part of his Subjectum proprium, the proper or particular Subject, or Seat of Power: Wherefore I take his Cives to be the same with Pufendorf's Quorum coitione & consensu primo civitas coaluit, aut qui in illorum locum successerunt, nempe patres familiâs, By whose Conjunction and Consent 
Sam. Puffend. de Officio hominis & Civis, p. 265.  the Civil Society first came together, or they who succeeded in to their Rooms, to wit, the Fathérs of Families.  
And the most sensible of them who deny this, as fight against 
V. Sacrosanct. regum Majest.  their fancied Divine Right of Kingship, own, that the People have in many Cases a Right to design the Person, if not to confer the Power; only these Men will have it, that the Extent of the Power of a King, 
Potestas designativa personae, & collativa potestatis.  as King, is ascertained by God himself; which I must needs say, I could never yet find proved with any colour. But to avoid a Dispute needless here, since the Question is not so much of the Extent of Power, as of the Choice of Persons; Whether any Choice is allowable 
Nullus interritus est reipublicae naturalis ut hominis. Cicero de Rep.  for us, must be determined by the fundamental or subsequent Contract, either voluntary or imposed by Conquest; and 'tis this which must resolve us, whether the Government shall continue Elective, or Hereditary to them that stand next in the Course of Nature, guided to a certain Channel by the Common Law of Descents, or limited only to the Blood, with a Liberty in the People to prefer which they think most fit, all Circumstances considered.  
And if our Constitution warrants the last, than we may cut the Gordian Knot, and never trouble ourselves with Difficulties about a Demise, or Session from the Government, or Abdication of it; for which way soever the Throne is free from the last Possessor, the People will be at liberty to set up the most deserving of the Family, unless there be subsequent Limitations by a Contract yet in force, between Prince and People, which being dissolved, no Agreements take place but such as are among themselves: In which Case, whatever ordinary Rule they have set themselves, they may alter it upon weighty Considerations: And that it is lawful for the People of England at this time to renounce their Allegiance sworn to J. 2. and to prefer the most deserving of the Blood, notwithstanding any Oaths or Recognitions taken, or made by them, I shall evince, not only from the Equity of the Law, and Reservations necessarily employed in their Submission to a King; but from the very Letter, explained by the Practice of the Kingdom, both before the reputed Conquest, and since.  
1. For the Equity and reserved Cases, I think it appears in the nature of the thing, that they for whose benefit the Reservation is, must 
Of equitable Reservations.  be the Judges; as in all Cases of Necessity, he who is warranted by the Necessity, 
Vid. Earl of Clarenden's Survey of the Leviathan, p. 86. speaking of a Contract whereby the absolute Power of men's Lives shall be submitted, etc. He is not bound by the Command of his Sovereign to execute any dangerous or dishonourable Offices; but in such Cases Men are not to resort so much to the Words of the Submission, as to the Intention: Which Distinction surely may be as applicable to all that monstrous Power which he gives his Governor, to take away the Lives and Estates of his Subjects, without any Cause or Reason, upon an imaginary Contract, which if never so real, can never be supposed to be with the Intention of the Contractor in such Cases.  must judge for himself before he acts; tho' whether he acts according to that Warrant or no, may be referred to an higher Examen: but where the last resort is, there must be the Judgement; which of necessary consequence, in these Cases, must needs be by the People, the Question being of their Exercise of their Original Power; and where they have by a general Concurrence past the final Sentence, in this Case their Voice is as 
V. Cocceium de Principe, pag. 197. Leges fundamentales regni vel imperii quae vel disertè pactae sunt cum Principe antequam imperium ineat, ut fit hodie cum imperatore (quamvis non ad eum modum jura Majestatis possideat quo olim Principes) & plerisque aliis in regnis vel sub ipso regimine a Principe & populo vel ordinibus conduntur, ut est aurea bulla Carol 4. & alia quaedam in imperio Romano-germanico vel saltem tacitè reipublicae inesse videntur.  the Voice of God, and aught to be submitted to.  
For the direction of their Judgement in such Cases, they need not consult Voluminous Authors, but may receive sufficient Light from those excellent Papers; The Enquiry into the Present State of Affairs; The Grounds and Measures of Submission; and, The Brief Justification of the Prince of Orange 's Descent into England, and of the Kingdom's late Recourse to Arms.  
Which I shall here only confirm by some Authorities.  
The first, as being of most Credit among them who raise the greatest Dust, shall be Bishop Sanderson, Of the Obligation of an Oath; 
Sanderson de Juramenti obligatione, p. 41.  who shows several Exceptions or Conditions, which of Common Right are to be understood before an Oath can oblige; in which I shall not confine myself to the Order in which he places them.  
1. If God permit, because all things are subject to the Divine Providence and Will; nor is it in any Man's power to provide against future Accidents: Wherefore he who did what lay in him to perform what he promised, has discharged his Oath.  
2. Things remaining as they now are, Whence he who swore to marry any Woman, is not obliged, if he discovers that she is with Child by another.  
These two Exceptions sufficiently warrant Submission to such Government as God in his Providence shall permit, notwithstanding Oaths to a former King: And if he cease to treat his People as Subjects, the Obligation which was to a Legal King determines, before his actual Withdrawing from the Government.  
3. As far as we may; as if one swear indefinitely to observe all Statutes and Customs of any Community, he is not obliged to observe them farther than they are lawful and honest.  
4. Saving the Power of a Superior: Whence if a Son in his Father's Family swear to do a Thing lawful in itself, but the Father not knowing it, commands another thing, which hinders the doing that which is sworn; he is not bound by his Oath, because by the Divine Natural Law he is bound to obey his Father. And he who has sworn not to go out of his House, being cited to appear before a Lawful Judge, is bound to go out, notwithstanding his Oath; the Reason is, because the Act of one, ought not to prejudice the Right of another.  
These two last Instances, added to the Consideration of a Legal 
Vid. Stat. 13 car. 2. c. 1.  King, will qualify the Oath declaring it not lawful, upon any pretence whatsoever, to take Arms against the King, and abhorring the Traitorous Position, of taking Arms by his Authority against his Person, or against those that are Commissioned by him.  
This I think I may say, with warrant from Bishop Sanderson, That no Man is bound by this Oath to act against Law, under colour of the 
Vid. infra.  King's Commission; nor to permit such Actions, if it be in his power to hinder them; the Common Fundamental Law being in this Case the Superior which he is to obey, and which is to explain and limit the 
V. Grounds and Measures of Submission. Salus populi suprema lex. Vid. Johannis a Field Annotata ad Grot. c. 3. & 4.  Sense of Acts of Parliament seeming to the contrary.  
To Bishop Sanderson, I may add Grotius, who runs the Prerogative of Kings as far as any Man in reason can: Yet he allows of reserved Cases, in which Allegiance may be withdrawn, tho' there is no express Letter of Law for it: As,  
1. Where the People being yet free, command their future King 
Grot. de jure Belli & Pacis, c. 3. p. 60. Vid. Pufendorf Elementa Juris prud. p. 256. Nemo alteri potest quid efficaciter injungere per modum praecepti in quem nihil potestatis legitimae habet.  by way of continuing Precept. Whether there be any such with us, can be no doubt to them who read the Coronation Oaths from time to time required and taken, upon Elections of some Kings, and the receiving others, by reason of prior Elections, and Stipulations with their Predecessors.  
2. If a King has abdicated or abandoned his Authority, or manifestly 
Grot. c. 4. p. 86. habet pro derelicto.  holds it as derelict, indeed, he says, he is not to be thought to have done this, who only manages his Affairs negligently. But surely no Man can think but the Power of J. 2. is derelict.  
And he citys three Cases, wherein even Barelay, the most zealous Asserter of Kingly Power, allows Reservations to the People.  
1. If the King treats his People with outrageous Cruelty.  
2. If with an hostile Mind he seek the Destruction of his People.  
3. If he alien his Kingdom. This Grotius denies to have any effect, and therefore will not admit among the reserved Cases: But if no Act which is ineffectual in Law, will justify the withdrawing Allegiance, than none of the other Instances will hold; for to that purpose they are equally ineffectual: Yet who doubts, but the King doing what in him lies to alien his Kingdom, gives Pretence for Foreign Usurpations, as King John did to the Pope's? And whoever goes to restore the Authority of the See of Rome here, be it only in Spirituals; endeavours to put the Kingdom under another Head than what our Laws establish, 
Vid. Bellarmine how the Pope hooks in Temporals in ordine ad Spiritualia. Vid. Leges S. Edwardi.  and to that purpose aliens the Dominion: Nor can it be any great Question, but the aliening any Kingdom or Country, part of the Dominion of England, will fall under the same Consideration; which will bring the Case of Ireland up to this, where the Protestants are disarmed, and the Power which was armed for the Protection of the English there, is put into the Hands of the Native Papists; so that it is not likely to be restored to its Settlement at home, or dependence upon England, without great Expense of Blood and Treasure.  
Even the Author of Jovian owns, that the King's Law is his most authoritative Command; and he denies that the Roman Emperor had 
Jovian, p. 280. Ib. p. 192, 193.  any Right to enslave the whole People, by altering the Constitution of the Roman Government, from a Civil into a Tyrannical Dominion; or from a Government wherein the People had Liberty and Property, into such a Government as the Persian was, and the Turkish now is, etc. Tho' by the 
Jou. p. 87. Vid. Just. Inst. tit. 2.  Roman Lex Regia, which himself takes notice of, the People had transferred all their Power to the Emperor, yet we see the highest Asserter of Imperial Power allows of Reservations. 
Quum lege regiâ quae de imperio ejus lata est populus ei & in eum omne imperium suum & potestatem concedat. Vid. Raevardum de Juris ambiguitatibus. Lib 4. c. 12. de Jure publico.   
If, says Bishop Bilson, a Prince should go about to subject his 
Bilson of Christian Subjection, Ed. 1586. p. 279. p. 280.  Kingdom to a Foreign Realm, or change the Form of the Commonwealth from Empire to Tyranny, or neglect the Laws established by Common Consent of Prince and People, to execute his own Pleasure; in these and other Cases, which might be named, if the Nobles and Commons join together to defend their ancient and accustomed Liberty, Regiment, and Laws, they may not well be accounted Rebels. And soon after he speaks of a Power for preserving the Foundation, Freedom, and Form of their Commonwealths, which they foreprized, when they first consented to have a King. Where his meaning cannot be restrained to express Provisions, excluding such as may be equitably intended. And, not to heap Authorities, with this agrees the Divine Plato, who after he has affirmed; that the highest Degrees of Punishment 
Platonis Politicus, f. 299. Ed. Serrani. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  belong to those who will misguide a Ship, or prescribe a dangerous new way of Physic, having brought in Socrates ask whether Magistrates ought not to be subject to the like Laws, himself asks, What shall be determined, if we require all things to be done according to a certain Form, and set over the Laws themselves, one either chose by the Suffrages of the People, or by Lot, who slighting the Laws, shall for the sake of Lucre, or to gratify his Lust, not knowing what 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  is fit, attempt to do things contrary to the Institution:  
This Man, both he and Socrates condemn, as a greater Criminal than those which he had mentioned, whose Crime he aggravates, as 'tis an acting against those Laws, which through a long Experience had been ordained by their Counsel and Industry, who had opportunely and duly weighed every thing, and had prevailed upon the People to submit to them.  
2d. To proceed to Positive Law, I shall show how the Contract between Prince and People stood, and hath been taken, both before the reputed Conquest, and since: Where 'twill appear,  
1. That Allegiance might and may in some Cases be withdrawn, in the Life-time of one who continued King until the occasion of such withdrawing, or Judgement upon it.  
2. That there was, and is, an established Judicature for this, without need of recurring to that Equity, which the People are supposed to have reserved.  
3. That there has been no absolute Hereditary Right to the Crown of England, from the beginning of the Monarchy; but that the People have had a Latitude for setting up whom of the Blood they pleased, upon the determination of the Interest of any particular Person, except where there has been a Settlement of the Crown in force.  
4. That they were lately restored to such Latitude.  
1. If the King, not observing his Coronation-Oath in the main, lose the Name of King, than no Man can say that Allegiance continues: But that so it was before the reputed Conquest, appears by the Confessor's 
V. Leges Sancti Edwardi, 17. de Regis Officio.  Laws, where they declare the Duty of the King.  
But the King, because he is Vicar to the Supreme King, is constituted to this end, that he should rule his earthly Kingdom, and the People of God; and above all, should reverence God's Holy Church, and defend it from injurious Persons, and pluck from it Wrong-doers, and destroy and wholly ruin them; which unless he does, not so much as the Name of King will remain in him, etc. 
Nec nomen Regis in eo constabit. Vid. Bracton, l. 2. c. 24. Est enim corona regis facere justitiam & judicium & tenere pacem sine quibus corona consistere non potest nec tenere.   
Hoveden shows how this was received by William 1. 
Hoveden, f. 604. Rex atque vicarius ejus. Nota, There was occasion for naming the Deputy, by reason of the accession of Normandy, requiring the King's absence sometimes.   
The King and his Deputy (or Locum tenens in his absence) is constituted to this end, etc. in substance as above: Which unless he does, the true Name of King will not remain in him. And, as the Confessor's Laws have it, (in which there is some mistake in the Transcriber of Hoveden otherwise agreeing with them) Pope John witnesses, That he loses the Name of King, who does not what belongs to a King: which is no Evidence that this Doctrine is derived from the Pope of Rome: The Pope 
Vid. the Case of Rehoboam, inf. in the Quotation out of Lord Clarendon.  only confirms the Constitution, or gives his Approbation of it, perhaps that the Clergy of those Times might raise no Cavils from a supposed Divine Right. And to show that this is not only for violating the Rights of the Church, the Confessor's Laws inform us, that Pippin, and Charles his Son, not yet Kings, but Princes under the French King, foolishly wrote to the Pope, ask him, if the Kings of France ought to remain content with the bare Name of King? By whom it was answered, They are to be called Kings, who watch over, defend, and rule God's Church and 
Lambert. Qui vigilanter defendunt & regunt Ecclesiam Dei & populum ejus.  his People, etc. Hoveden's Transcriber gives the same in substance; but, through a miserable mistake in Chronology, will have it, that the Letter was wrote by Pippin and his Son to W. 1. Lambart's Version of St. Edward's Laws goes on to Particulars, among others, That the King is to keep without diminution all the Lands, Honours, Dignities, Rights, and Liberties of the Crown; That he is to do all things in his Kingdom according to Law, and by the Judgement of the Proceres, or Barons of the Realm; and these things he is to swear before he is Crowned. 
Barones Majores & Minores.   
By the Coronation-Oaths before the reputed Conquest and since, all agreeing in Substance, every King was to promise the People three 
Vita Aelfredi, f. 62. Ego tria promitto populo Christiano meisque subditis, etc.  things.  

1. That God's Church, and all the People in the Kingdom, shall enjoy true 
a Nota, Protection.  Peace.  
2. That he will forbid Rapine, and all Injustice, in all Orders of Men.  
3. That he will promise and command Justice and Mercy in all Judgements.   
And 'tis observable, That Bracton, who wrote in the time of H. 3. 
Bracton, lib. 3. c. 9  transcribes that very Formulary, or rather Abridgement of the Oath, which was taken by the Saxon Kings. In Bracton's time, 'tis certain, the Oath was more explicit, tho' reducible to those Heads; and 'tis observable, that Bracton says, The King is Created and Elected to this end, that he should do Justice to all. Where he manifestly shows the King's Oath to be his part of a binding Contract, it being an Agreement with the People, while they had power to choose. With Bracton agrees Fleta, and both inform us, that in their days there was no 
Fleta, lib. 1. c. 17.  scruple in calling him a Tyrant, and no King, who oppresses his People violatâ dominatione, as one has it; or violentâ, as the other; either the Rule of Government being violated, or with a violent Government; both of which are of the like import.  
The Mirror at least puts this Contract out of dispute; showing the 
Mirror, p. 8.  very Institution of the Monarchy, before a Right was vested in any single Family, or Person: When forty Princes, who had the Supreme Power here, chose from among them a King to Reign over them, and govern the People of God, and to maintain the holy Christian Faith, and to defend their Persons and Goods in quiet, by the Rules of Right. And at the beginning they caused the King to swear, That he will maintain the holy Christian Faith with all his Power, and will rule his People justly, without regard to any Person, and shall be obedient to suffer Right or Justice, as well as others his Subjects. And what that Right and Justice was in the last result, the Confessor's Laws explain, when they show, that he may lose 
Vid. Seld. Spicel. ad Eadmerum f. 171. Dissert. ad Fletam, f. 519. Hoved f. 608. Leges H. 1. confirming St. Edward's Laws, cum illis emendationibus quibus pater meus emendavit consilio Baronum suorum. Vid. Mat. Par. f. 243. Barones petierunt de Rege Johanne quasdam libertates & leges Regis Edwardi, f. 244. partim in carta regis Henrici scripta sunt partimque ex legibus Regis Edwardi antiquis excerpta sunt.  the Name of King. These Laws were not only received by William 1. and in the Codex of the Laws of H. 1. but were the Laws which in the early Contests which the Barons had with their encroaching Kings, they always urged to have maintained; and that their Sanction might not be questioned, the Observance of them was made part of the Coronation-Oath, till some Archbishops, careful only of their Clerical Rights, provided for no more of those Laws than concerned them.  
By that Oath which is upon Record, and in ancient Prints, the King 
Vid. Rushw. 1. v. f. 200. Coronation of C. 1. Sir, says the Archbishop, Will you grant and keep, and by your Oath confirm to the People of England, the Laws and Customs to them granted by the Kings of England, your Lawful and Religious Predecessors, namely, the Laws, Customs, and Franchises granted to the Clergy by the glorious King St. Edward, your Predecessor? V. Rot. Claus. 1 R. 2. n. 44. Magna Carta Ed. cum priv. Anno 1558. Juramentum Regis quando coronatur. Spelman's Glos. tit. Fidelitas, f. 271.  is to swear to grant, keep, and confirm, among others, especially the Laws, Customs, and Freedoms granted the Clergy and People by the most glorious and holy King Edward. And even after the King's taking this Oath, they were to be asked if they would consent to have him their King, and Leige-lord? Which is the People's part of the Contract; and thus the Contract becomes mutual. To which purpose the Learned Sir Henry Spelman citys Cujacius, the great Civilian, to show, that Faith between a Lord and Vassal is reciprocal; and gives an Instance in the Oath of one of our Saxon Kings, Knute, for the proof of its being so here between King and Subject.  
And with Cujacius agrees the no less judicious Civilian Pufendorf. 
Sam. Puf. de Interregnis, p. 274. Quando in regem confertur imperium est mutua juris translatio, seu reciproca promissio.  When, says he, the Power is conferred upon a King, there is a mutual Translation of Right, and a reciprocal Promise.  
If it be objected, That tho' this was at the beginning a Contract with a Free People, it ceased to be so from the time of the Conquest: I answer;  
1. Till there be a Consent and Agreement to some Terms of Governing 
Vid. Templum Pacis, p. 767. Deditio est pactus quo belle inferior majoris mali evitandi ergo potestati alterius sese submittit & in jura aliena transit Dividi potest in simplicem sive purum quando quis mero victoris arbitrio sese submittit: & compositum sive conditionatum, quando alterius quidem potestati quis sese subjicit, sed sub conditionibus quibus aut singuli sibi consulunt, aut toti universitati. So Textoris Synopsis jurifgentium, p. 129. Victoria vel pactione restricta est vel absoluta; specie priori non plus juris victor acquirit, quam ei pacto fuit concessum.  and Subjection, 'twill be difficult, if possible, to prove any Right in the Conqueror, but what may be cast off as soon as there is an Opportunity.  
2. William 1. was not received as a Conqueror, but upon a mutual Contract, upon which old Historians say, Foedus pepigit, He made a 
Sim. Dunelm. f. 195. Hoved. f. 450. 2 Sam. 5. 3.  League with the People; which comes to the same thing with what the Holy Writ records of King David, That the People made a League with him.  
His Coronation-Oath was the same with that which was taken by his 
Lord Clarendon's Survey of the Leviathan, p. 109. & 148, 149. Aequo jure.  Saxon Predecessors, except that the Circumstances of that time required an additional Clause for keeping an equal Hand between English and French. 'Tis not to be doubted, but that the Norman Casuists informed him, that this related only to Legal Justice; but that in Matters of Grace and Favour, he was left at large. How much soever he might have strained in this or other Matters, I am sure he was far from acting so arbitrarily as some have industriously represented him; I will not say, on purpose to encourage such Actions in other Princes: And it is yet more certain, that whatever Right either he or any body under him enjoyed, came from the Compact, not from the Breach of Faith.  
3. If William 1. did gain the Right of a Conqueror, it was Personal, and he never exacted this for his Heirs, as appears not only by his 
Vid. infr.  Declaration when he came to die, but by the Fealty or Oath of Allegiance 
Vid. Leges W. 1. de fide & obsequio erga regem.  which he required in his Laws.  
The King's Oath is the real Contract on his side; and his accepting the Government as a legal King, the virtual one; and so it is vice versâ, in relation to the Allegiance due from the Subject.  
Thus far the Author of Jovian is in the right; As in the Oath of 
Jovian, p. 244.  Allegiance the People swear nothing to the King, but what they are bound to perform unsworn; so the King, in his Coronation-Oath, promises nothing 
Vid. Dr. Stillingfl. Irenicum, p. 132, 133.  to the People, but what in Justice and Equity he is bound ●o perform unsworn. Upon which account I will yield to Saravias', That in Hereditary Kingdoms the Coronation-Oath confers no new Right; and 
Saravia de Imperii authoritate, f. 221. Grotius de Jure Belli & Pacis, p. 59 Successio non est titulus imperii, sed veteris continuatio.  therefore there may be a King before his Coronation: Yet we must attend to Grotius his Rule, who rightly observes, That Succession is only a Continuance of that Power which the Predecessor had: So that if the first Possessor comes into Power qualified by express Contract, this binds the Successor, and he is to be thought to come in upon those Terms. 
Lord Clarendon's Survey, p. 74.  The Description which Samuel made of the exorbitant Power of Kings, was rather to terrify them from pursuing their foolish Demand, than to constitute such a Prerogative as the King should use whom God would appoint to go in and out before them: Which methinks is very manifest, in that the worst of Kings that ever reigned among them, never challenged or assumed those Prerogatives; nor did the People conceive themselves liable to those Impositions, as appears by the Application they made to Rehoboam, on the Death of Solomon, That he would abate some of that Rigour his Father had exercised toward them; the rash rejection of which, contrary to the Advice of his wisest Counsellors, cost him the greater part of his Dominions; and when Rehoboam would by Arms have reduced them to Obedience, God would not suffer him, because he had been in the fault himself.  
One of the Terms, as appears by the Mirror, was, That the King should suffer Right, or Justice, as well as his Subjects: And St. Edward's Sword, called the Curtain, carried before our Kings at their Coronations, 
Matth. Paris, Edit. Lond. f. 563. Comite Cestriae gladium Sancti Edwardi, qui Curtein dicitur, ante Regem bajulante in signum quod Comes est Palatinus & regem si oberret habeat de jure potestatem cohibendi.  was in the time of H. 3. a known Emblem, and Remembrancer of this: But surely whoever used that, or a Judicial Power in such Cases as above, how much soever they continued their Allegiance to the King's Authority, could not be said to retain it to his Person.  
2. There was, and is an established Judicature for the great Case in question, as is employed by St. Edward's Laws, which suppose some Judge or Judges in the Case; and, investing the Proceres with the Supreme Judicature, withholds not this from them. However, 'tis certain, the Parliament 9 R. 2. referred to a known Statute, when they mind him of an ancient one not long before put in practice; whereby, if 
Knighton, f. 2683. meaning the Case of E. 2.  the King, through a foolish Obstinacy, contempt of his People, or perverse froward Will, or any other irregular way, shall alienate himself from his People, and will not be governed and regulated by the Rights of the Kingdom, and the Statutes and laudable Ordinances made by the Council of the Lords, and the Peers of the Realm; but shall headily in his mad Counsels exercise his own arbitrary Will; from thenceforth it is lawful for them, with the common Assent and Consent of the People of the Realm, to depose him from the Throne, etc. This Law is not now extant, but was not then denied; and the Reason why it is not to be found, is very evident, from the Articles against this King some Years after: In the 24th Article they accuse him of causing the Rolls and Records concerning the State and Government of his 
Knighton, f. 1752.  Kingdom to be destroyed and razed, to the great prejudice of the People, and disherison of the Crown of the said Kingdom; and this, as is credibly believed, in favour and support of his evil Governance.  
The Mirror tells us, That of right the King must have Companions 
Mirror, p. 9  to hear and determine in Parliament all Writs and Plaints of Wrong done by the King, etc.  
And the Learned Hornius citys the Speculum Saxonicum, of the like Name and Nature with our Mirror; the Author of which last, was of 
Hornii orbis imperans, p. 196.  his own Name: The Saxon Mirror, as he says, was wrote before the Normans came hither.  
The Justices, or private Persons, says he out of the Speculum, neither 
Hornius, p. 196.  ought nor can dispute of the Acts of Kings; yet the King has Superiors in ruling the People, who ought to put a Bridle to him: And, Hornius says, the old Saxon Lawyers limit that Maxim, The King has no Peer, to wit, in exhibiting Justice; but in receiving Justice, they say, he is the least in his Kingdom.  
Tho' Bracton seems to restrain this Rule to Cases wherein the King is Actor, in judicio suscipiendo si petat; Fleta, who takes it from him, 
Fleta, lib. 1. cap. 17. Bracton, lib. 3. c. 9 p. 107.  seems to correct the Copy, and has it si parcat, If he spare doing Justice; to which end, both affirm, that he was created and chosen King: And Bracton himself shows elsewhere, that he means more, by the Reason which he assigns why the King ought to be the least in 
Ibid.  receiving Justice, Lest his Power should remain without Bridle. This for certain he sufficiently explains, when he says, That no Justices or 
Bract. lib. 2. c. 16. p. 34.  private Persons may dispute of the King's Charters and Acts; but Judgement must be given before the King himself (which must be meant of the King in Parliament, as appears by a Petition in Parliament 18 E. 1. where Bracton's Rule is received.) But Bracton says, he 
V. Ryly, Plac. Parl. f. 20.  has God for his Superior, also the Law by which he is made King, also his Court, that is to say, the Earls and Barons, for they are called Comites, 
Fleta supra, Superiores. So Mirror, p. 9 Ceux compagnions sont ore appelles Comites, & in Latin Comitatus; where he takes in all that come up to Parliament from the Counties.  being as it were Companions to the King; and he who has a Companion, has a Master: Therefore if the King act without Bridle, they are bound to bridle him; and Bracton in one place says, In receiving Justice, the King is compared to the least of his Kingdom, without confining it to Cases where he is Actor.  
This puts a necessary Limitation to that Maxim, That the King can do no Wrong; that is, not to be adjudged so by Judge's Commissaries, or Commissioned Judges, which the Mirror uses in contradistinction to Judges Ordinary, sitting by an Original Power; yet this does not 
Vid. Mirror, p. 209. He there says, Suitors are Judges ordinaries; and 274. speaks of Counties, & les autres Suitors, having Jurisdiction in Causes which the King cannot determine by himself, or by his Judges.  in the least interfere with the Judicial Power of the High Court of Parliament; and it may be a question, whether that Maxim, as received in the Courts of Justice, is ever taken to reach farther than, either in relation to the Remedies which private Persons may there have against personal Injuries from the King; as where 'tis said, The King cannot 
So Judge Crook's Argument in Hampden's C. p. 59 Whatever is done to the hurt or wrong of the Subjects, and against the Laws of the Land, the Law imputeth that Honour and Justice to the King, whose Throne is established by Justice, that it is not done by the King, but it is done by some unsound and unjust Information, and therefore void, and not done by Prerogative.  imprison any Man, because no Action of False Imprisonment will lie against him; or rather because of the ineffectualness in Law of his tortuous Acts.  
But what the Nation, or its Great Councils have thought of such Acts, will appear by a long Series of Judgements, from time to time past and executed upon some of their Kings.  
Long before the reputed Conquest, Sigibert King of the Westsaxons 
Chronica de Mailros, f. 137. Anno 756. Bromton, f. 770. Congregati sunt Proceres & Populus totius regni & eum providâ deliberatione a regno unanimi consensu omnium expellebant.  becoming intolerable by his insolent Actions, was expelled the Kingdom; and Bromton shows, that this was done in a Judicial manner, by the unanimous Consent and Deliberation of the Peers and People; that is, in the Language of latter Ages, by Lords and Commons in full Parliament.  
And eighteen Years after, Alcred, King of the Northanimbrians, that is, 
Chron. Mailros, f. 138. Anno 774. S. Dunelm. 106. & 107. Consilio & consensu omnium regiae & familiae ac principum destitutus societate exilio imperii mutavit Majestatem.  Northumberland, and other adjacent Counties, was banished, and divested of his Sovereignty, by the Counsel and Consent of all his Subjects. 
a Ib. f. 108. Anno 779. Mailros, Anno 794. f. 139. S. Dunelm. f. 113.  Five Years after this, their King Ethelred was driven from the Throne and Kingdom, for treacherously procuring the Death of three of his Great Men, Alwlf, Cynwlf, and Ecga. Within fifteen Years after this, the People having without Example called back Ethelred from Exile, slew him without any allowable Precedent, and set up in his stead Osbald a Nobleman, none of the Royal Stock; and he not answering their Expectation, they deposed him in twenty eight days.  
Twelve Years after they deposed their King Eardulf, and remained 
Mailros. f. 141. Anno 806. Ibid. f. 143. Anno 866. degenerem. Ibid. 144. 872.  long without choosing any. Sixty Years after they deposed their King Osbrich, and chose Ella, who still swerved from the Ends of Government. Six Years after they expelled their King Egbert. For sixty nine Years the Kings and their People agreed, without coming to any Extremities; but then they renounced the Allegiance sworn to King Edmund, 
F. 14●. 941. F. 148. 947.  and chose Aulaf King of Norway for their King. Aulaf had not reigned six Years, when they drove him away; and tho' they received him again, they soon cast him off again, and swore Allegiance to the English King Edred: Then they rejected him, and chose Egric a Dane, with whom their independent Monarchy expired, and turned into the Government of Earls.  
I would not be thought to mention those numerous Examples with the least approbation; 'tis certain, they argue great Levity in rejecting, or Folly in choosing. But if we are believed to receive many Laws and Customs from the Germans, from whom we are more remotely derived, much more may the English Monarchy be thought to partake of the Customs of the contiguous Kingdoms which compose it; and by this frequent Practice the Members of it were sufficiently prepared to understand that part of the Compact, whereby the Prince was obliged to suffer Right as well as his Subjects; and that if he did not answer the Ends for which he had been chosen, he was to lose the Name of 
Vid. Mirror, & Leges S. Edw.  King.  
Either these Examples, or rather the continual Engagements in War with Foreigners, had such effect, that from this time, to the Entrance of W. 1. excepting the Case of King Edwin, (Nephew to the English Monarch Edred) who was driven out of the Kingdom Anno 957. 
Vid. Knighton, f. 2312.  I find nothing of the like nature: A King was but a more splendid General; nor could he hope to maintain his Dignity, but by hardy Actions, and tender usage of his People: their extraordinary Power had slept but for few Years after the Death of the reputed Conqueror, till the time of King Stephen, the third Successor from W. 1. who after Allegiance sworn to him, had it a while withdrawn 
Bromton, f. 1031.  for Maud the Empress; but the People soon returned to it again, rejecting her who was nighest in Blood, because she denied them the Benefit of St. Edward's Laws. This Power of the People to be sure was roused by the extravagant Proceedings of King John; upon which the Earls and Barons of England, without the Formality of Summons 
Mat. Par. Ed. Tig. f. 243. Anno 1214.  from the King, give one another notice of meeting; and after a long private Debate, they agreed to wage War against him, and renounce his Allegiance, if he would not confirm their Liberties; and agreed upon another Meeting, for a peremptory Demand; declaring, That if he than refused them, they would compel him to Satisfaction, by taking his Castles: Nor were they worse than their words, and their Resolutions had for a while their desired Effect, in obtaining a Confirmation of their Liberties; but the Pope soon absolved the King, and encouraged him to the violation of them, till they stoutly casting off the Authority both of King and Pope, proceeded to the Election of another King, Lewis the Dauphin of France: But the Dauphin assuming 
Ib. f. 277, 278.  a Power not brooked in the English Government, upon the Death of King John, they set up his Son H. 3. and without any solemn Deposing of Lewis, compelled him to renounce his Pretensions. Henry 
288.  treading in his Father's steps, had many unhappy Contests with his Barons; and having called in numbers of Foreigners, they sent him a solemn Message, That unless he would remove those troublesome Guests, they would all, by a Common Council of the whole Realm, drive him and his wicked Counsellors out of the Kingdom, and would consider of making 
Mat. Par. f. 373.  a new King. Upon this both Sides had recourse to Arms, and neither valued the others Judicial Sentence; but for certain the Sentence threatened H. 3. was executed upon his Grandson E. 2. who was formally deposed in Parliament for his Misgovernment; whose Case, with his next Successor's but one, R. 2. by what I have observed before, appear 
Walsingham, f. 107. Rex dignitate regali abdicatur & filius substituitur.  to have been no Novelties in England. Nor was it long before the like was again put in practice more than once: H. 6. being a weak misled Prince, gave occasion to Richard Duke of York, whose Line was put by, to cover his Designs for restoring the elder Family, with the Pretence of Redressing Public Grievances: The Crown he was so far from pretending to at first, that himself swore Allegiance 
Holinshed, f. 637.  to H. 6. in a very particular manner: But having afterwards an Advantage 
Ibid. f. 639, 640.  given, by the Divisions of them who had driven him out of the Land, he in a fortunate Hour, with lucky Omens, as was believed, challenged the Crown as his Right; upon which there was an Agreement 
A Crown over a Branch of Lights in the House of Commons, and another from the top of Dover-Castle, falling about the same time. Ibid. f. 657.  ratified in Parliament, That H. 6. should enjoy it during his Life, and R. and his Heirs after him. And tho' Richard Duke of York, and his Son Edward, afterwards E. 4. had sworn, That H. 6. should enjoy the Royal Dignity during Life, without trouble from them, or either of them; yet Richard having been treacherously slain by the Queen's Army, immediately after the solemn Pacification, Edward, 
〈…〉,  at the Petition of some of the Bishops and Temporal Lords, took upon him the Charge of the Kingdom, as forfeited to him by breach of 
●661.  the Covenant established in Parliament. Yet this gave him no sure Settlement; for the Popularity of the Earl of Warwick drove him out of 
●●●5.  the Kingdom, without striking a Stroke for it: Upon which H. 6. was again restored to his Kingly Power, and Edward was in Parliament declared a Traitor to the Country, and an Usurper of the Realm, the Settlement upon R. and his Heirs revoked, and the Crown entailed upon 
678.  H. 6. and his Heirs Males, with Remainders over, to secure against Edward's coming to the Crown: Yet the Death of the Earl of Warwick having in effect put an end to King Henry's Power, he was soon taken Prisoner, and put to death, as his Son had been before; and than Edward procures a Confirmation in Parliament, of the Settlement, under which he enjoyed the Crown. Thus as the Power of the People, 
693.  or Great ones of Interest with them, turned the Scales from time to time; so 'twas their Consent which fixed them at last, during the the Life of E. 4.  
It may be said, That whatever the Law or Practice has been anciently, neither can now be of any moment, by reason of the Oath required by several Statutes declaring it not lawful, upon any Pretence whatsoever, to take Arms against the King; and abhorring the Traitorous Position, 
Stat. 13 Car. 2. Stat. 2. c. 1. Stat. 13 & 14 Car. 2. c. 3. So c. 4.  of taking Arms by his Authority against his Person. And 2.  
The Clause in the Statute 12 Car. 2. whereby it is declared, That by the undoubted and fundamental Laws of this Kingdom, neither the Peers 
15 Car. 2. c. 5. 12 Car. 2. c. 30.  of this Realm, nor the Commons, nor both together, in Parliament, or out of Parliament, nor the People, Collectively or Representatively, nor any other Persons whatsoever, had, have, hath, or aught to have, any Coercive Power over the Persons of the Kings of this Realm.  
I shall not here insist, in answer to the first, on the necessity of a Commission, and a King, continuing Legal in the Exercise, as well as Possession of Power; nor the difference between the Traitorous Acts of single Persons, and the Revolt of a Nation; nor yet upon the Authority 
Vid. Justin. Pandec. l. 1. tit. 3. Nulla juris ratio aut aequitatis benignitas patitur, ut quae salubriter pro utilitate hominum introducuntur, ea nos duriore interpretatione contra ipsorum commodum producamus ad severitatem.  of the Common Law, whereby a Constable, or other Officer chose by the People, may act without any Authority from the King.  
And for the latter, as Coercion is restrained to the Person of the King, the declaring against that, is not contrary to the Authorities for discharging Allegiance by a Judicial Sentence, or otherwise, by virtue of equitable and supposed Reservations; provided a tender Regard to the Person be still observed: But if Proceedings to free ourselves from his Authority, fall under this Coercion, than I shall offer something which may remove both this and the other from being Objections to what I have above shown.  
To keep to what may equally reach to both Authorities:  
I shall not urge here, That these Statutes being barely Declaratory, 
Vid. Rot Parl. 39 H. 6. n 18.  and enacting no Law for the future, introduce none; so that if the Fundamental Laws shall appear to be otherwise, the Declarations do not supplant them: Nor yet to insist upon a Rule in the Civil Law, That the Commonwealth is always a Minor, and at liberty to renounce the Obligations which it has entered into against its Benefit, which is 
Vid. Cujacium, tom. 4. f. 154. Resp. circumscripta in integrum restituitur perinde ac pupillus vel adolescens, etc. Vid. Cic. de Legibus. Salus populi suprema lex esto. Inter Leges 12 Tabularum, of which Tacitus says, Accitis quae usquam egregia, compositae duodecim Tabulae finis aequi juris. Tacitus Ed. Plant. p. 90.  the Supreme Law.  
But I shall stop their Mouths who object these Statutes, and maintain, That according to what themselves receive for Law, the Parliaments which enacted these Declarations, had no power so to do; and then the Law must stand as it did. For this let us first hear Mr. Sheringham, whose Authority few of these Men dispute.  
They that lay the first Foundation of a Commonwealth, have 
Sheringham of the King's Supremacy, p. 41.  Authority to make Laws that cannot be altered by Posterity, in Matters that concern the Rights both of King and People: For Foundations cannot be removed, without the Ruin and Subversion of the whole Building. Wherefore, admit the Acts had been duly made, according to him, they would be void, if the Fundamental Law were as I have shown.  
However, I am sure I can irrefragably prove to them who will not have a Nation saved without strict Form of Law, That the Parliament which made those Acts, had no Power at the time of making them, being by the express Words of a former Statute repealed.  
The Triennial Act, 16 Car. 1. provides in a way not easily to be defeated, not only for holding a Parliament once within Three Years at least, but that all Parliaments which shall be Prorogued or Adjourned, 
16 Car. 1. Nota, There was no attempt to repeal this till 16 Car. 2. c. 1.  or so continued by Prorogation or Adjournment, until the Tenth of September which shall be in the third Year next after the last Day of the last Meeting and Sitting of the foregoing Parliament, shall be thenceforth clearly and absolutely dissolved. Now, say I, that Parliament which enacted these Laws, had sat beyond that Time; Ergo, etc. These were made in the Parliament next after the Convention which brought in the King, which they, I am sure, will not call a Parliament: Wherefore we must go back to the first Long Parliament, which, upon their own Rule, Rex est caput & finis Parliamenti, was dissolved by 
Brook tit. Commission, n. 21. Ibid. tit. Officer, n. 25. Vid. Stat. 17 Car. 1. Every thing or things done or to be done, for the Adjournment, Proroguing, or Dissolving of this Parliament, contrary to this present Act, shall be utterly void.  the Death of C. 1. Anno 1648. notwithstanding the Act for making it Perpetual, which indeed by the Words of it seems only to provide against any Act of the King to the contrary, without their Consent; But by the Death of the King that Parliament lost the Being which before it had, as it was under him when it was Parliamentum nostrum, the Parliament of Charles the First, and so expired An. 1648. by Act in Law.  
And perhaps it's own breaking up in Confusion before, was in Law 
Anno 1647. Vid. Hist. of the Civil Wars, f. 207.  an Adjournment sine die, working a Dissolution; by either of which that Parliament was dissolved more than three Years before the Parliament which made the Statute in question; which Parliament assembled An. 1661. and was ipso facto dissolved when it attempted to make those Statutes, it having been continued by Prorogation or Adjournment beyond the Tenth of September in the Third Year after the Dissolution of the last Parliament of Charles the First, which was the next foregoing Legal Parliament, according to strict Form; for the Parliament which brought in C. 2. Anno 1660. was not summoned by the King's Writs; consequently, the Parliament 1661. having no Power, after it had continued as above, whatever was the Ancient Law in this Matter, remains as it did before those Laws.  
If it be Objected, That the Necessity of the Times had dispensed with the Letter of the Triennial Act, as to this Particular:  
1. They who would plead these Statutes, cannot urge it, since they will not allow of greater Necessity to authorise the Maintaining and Restoring the Constitution: But surely however Necessity might support other Laws, it shall not such as alter the Constitution, but every Legal Advantage shall be taken for restoring it.  
2. The Necessity was not absolute; for the First Parliament of Charles the Second might continue together as long as they could sit without Prorogation or Adjournment, and be good for a day at least, time enough to have repealed the former Statute as to that part, and to qualify themselves for a longer Continuance.  
In short, They with whom our Dispute is, are either for the Unalterableness of Fundamentals, according to which, what I have shown remains, notwithstanding all Efforts to the contrary; or else, all of a sudden, they have a mighty Zeal for the strict Letter of the Law, by which that Parliament, which endeavoured to alter the Fundamental Contract, was ipso facto dissolved before such Attempt: However, since the Question is not about a Coercive Power over Kings, but barely concerning Allegiance to them, whenever he who was King ceases 
Q●●m aufertur 〈◊〉 juramenti, juramentum cessat ratione eventus; qui c●sus est eorum qui juraverunt se obedituros Domino aut Principi alicui, qui postea cessat esse talis. Amesius de Juramento, lib 4. c. 22.  to be so, either by the Act of God, or the Law, the Obligation of Allegiance necessarily determines, as the subject Matter of it fails.  
But lest the Liberty allowed in extraordinary Cases, be used as a cloak for maliciousness, I shall restrain it with the Authority of the Learned Pufendorf.  
In Contracts by which one is made subject to another, this has the Right of Judging what the Subject is to perform, and has also a 
Sam. Pufendorf de Interregnis, p. 272. Nota.  Power conferred of compelling him to the Performance, if he refuses; which Coercive Power is by no means reciprocal. Wherefore he who rules, cannot be called in question for breaking his Contract, unless he either wholly abdicate the Care of the Government, or 
omnem reipublic● cutam ab●●●averit. 〈◊〉 malo.  become of an hostile mind towards his People, or manifestly, with evil Intention, depart from those Rules of Governing, upon the Observance of which, as upon a Condition, the Subjects have suspended their Allegiance: Which is very easy for any one who Governs always to shun, if he will but consider, that the Highest of Mortals are not free from the Laws of Humane Chance.  
But that the Judicial Power of the People, so qualified as above, is not peculiar to England, might appear by the Customs of most neighbouring Nations: For Denmark, Swedeland, and Norway, which had anciently three distinct Negatives in the Choice of a King, I shall refer to Krantius, 
〈…〉  particularly in the remarkable Story of their King Erick, who was adopted Son of the Three Kingdoms, Anno 1411. he having provoked his People, by the Outrages of his Officers and Soldiers, he was opposed with Force by one Engelbert, a Danish Nobleman, transmitted down to Posterity with the fair Character of engaging in the Public Cause, neither out of love of Rule, nor greediness of Gain, but mere compassion to an oppressed People. This so generous an Undertaking was so justly Popular, that Eric, not able to stem the Tide, withdrew from Denmark, the Place of his usual Residence, to Swedeland: But Engelberts Noble Cause found so few Opposers there also, that the King, as a Pattern to J. 2. privately ran away, and recommended his Nephew in 
Krantius, f. 188.  his stead; but they told him plainly, he was made King by Adoption, and had no Right to surrogate another: Him (there not being the inconsistency of a different Religion between the Head and Members of the same Body) they would have received again upon Terms; but he refusing, the Three Kingdoms unanimously chose one of another Family.  
For the Authority of the People even in France, no longer since than the time of Lewis 11. Hottoman's Francogallia gives a large 
Anno 1460. Hottoman. Francogal. c. 23. De memorabili auctoritate concilii in Regem Ludovicum 11.  Proof.  
Nor is the Emperor of Germany more exempt; for the Golden Bull of C. 4. provides who shall sit as Judge or High-Steward, when he comes to be Impeached: And by that, the Palatine of the Rhine has the like Power with that which, Matthew Paris says, the Earl of Chester 
Mat. Par. sup. f. 563.  had here, as Count Palatine: Nor is this in the Empire founded merely upon that Bull; for the Bull itself says, Sicut ex consuetudine introductum dicitur," As 'tis said to have been introduced by Custom. And Freherus gives an Instance of this before that Bull, in the Case 
Freherus de Orig. Palatinarum, f. 113, 119, 120. Gunteri Thulemarii Octovirat. c. 18.  of King Albert, whom they threatened to depose, for killing his Leige-lord Adolphus.  
With Freherus agrees Gunterus, in his Octoviratus, who says, That the Palatine of the Rhine, Major Domo to the Emperor, is by Custom Judge of the Emperor himself, or rather in the highest Matters declares the Sentence of the Electoral College: And he citys several Authors to prove the like Office or Power to have been in divers Kingdoms and 
Ibid. p. 251.  Principalities; and names France, England, Arragon, Spain, Denmark, Poland, Bohemia, etc. And for France, Loyseau in effect shows this Power to have belonged to their Mayor du Palais; for he owns the 
Loyseau du droits des Offices, Ed. Anno 1610. f. 409. Ibid. f. 410.  Power to have been greater than the Roman Praefect of the Palace had; and yet he citys the Words of the Emperor Trajan, giving his Praefect a naked Sword, which he enjoined him to use against him, if he misgoverned. And Loyseau says, That this dangerous Office was put down by the Kings of the Third Line, that they might perpetuate the Crown in their Family. This Office he supposes to have been split into the Conestable's, Chancellor's, Treasurer's, and the Grand Maistre's du France, or Count du Palais, which he seems to resemble to an High Steward with us.  
And I meet with an old English Author, who affirms almost such a 
Treatise of Politic Power, Ed. Anno 1556.  Power as is abovementioned, to have belonged to the High-Conestable of England: His Words are these.  
As God hath ordained Magistrates to hear and determine private Matters, and to punish their Vices; so also will he that the Magistrates Doings be called to account and reckoning, and their Vices corrected and punished, by the Body of the whole Congregation, or Commonwealth: As it is manifest by the Memory of the ancient Office of High-Constable of England, unto whose Authority it pertained, not only to summon the King personally before the Parliament, or other Courts of Justice, to answer and receive according to Justice, but also, upon just occasion, to commit him to Ward.  
3. There has been no Hereditary Right to the Crown of England by Proximity of Blood, from the Fundamental Contract; but the People have had a Latitude for the setting up whom of the Blood they pleased, upon the determination of the Interest of any particular Person, except where there has been a Settlement of the Crown in force.  
The Kingdom, I own, is founded in Monarchy; and so is Poland, which yet is absolutely Elective: Nor is there any Consequence, that the Dissolution of the Contract between the immediate Prince and People, destroys the Form of Government; for that depends upon a 
Vid. Sam. Pufendorf. Dissertationes de Interregnis, p. 267. Post decretum circa formam regiminis novo pacto opus erit, quando constituuntur ille vel illi in quem vel in quos regimen caetûs confertur.  prior Contract, which the People entered into among themselves: And, that by virtue of this, to avoid endless Emulations, Kings have generally, from the first Erection of the English Monarchy, been chosen out of the same Family, appears beyond contradiction.  
I know some talk of a Birthright and Inheritance in the Crown, which 
Jovian, p. 78.  is not founded in the Statutes, but on the Original Custom and Constitution of the English Government, which is an Hereditary Monarchy, according 
Ib. Preface.  to proximity of Blood.  
But I would desire all Men of this Opinion, impartially to weigh these following Particulars.  
1. There was very anciently an Act made in a General Convention 
At Calcuth, Anno 789. Spel. Con. vol. 1. f. 291.  of all England, in Conventu Pananglico, That their Kings should be elected by the Clergy, & senioribus populi, and the Elders of the People; that is, such as were Members in their Great Councils, or Witena Gemots, Assemblies of sage or wise Men. This, though it was long before the reputed Conquest, yet was never repealed or cut off by the Sword, nay, seems received with the Confessor's Laws, as included in them: Which leads to another Head.  
2. The Confessor's Law received by William 1. and continued downward, as the noblest Transcript of the Common Law, shows, that the Kings of England are elected, and the End for which they are chosen by the People: After the same manner do the ancient Historians and Lawyers commonly express Accessions to the Throne, and seem industriously to mind Kings of it, that, according to the Caution given the Jewish King, their hearts be not lifted up above their Brethren. 
Deut. 17. v. 20.   
3. According to the Usage from before the reputed Conquest downwards, the People are asked, whether they are content to have such a Man King?  
4. The most Absolute of the English Monarches never believed, that their Children had a Right to the Crown, except the People consented that they should succeed; as appears by King Alfred's Will, and the 
Aelfredi Test. Append. ad ejus Vitam, f. 195. Et mecum tota nobilitas West-Saxonicae gentis consentiunt, quod me opertet dimittere eos ita liberos, sicut in homine cogitatio ipsius consistit.  Deathbed Declaration of William 1. And therefore some of our Kings, against whom there has been no pretence of better Title in any 
Camd. Brit. f. 104. de W. 1. Neminem Anglici regni constituo H●redem, sed aterno conditori cujus sum, & in cujus manu sunt omnia, illud commendo: non enim tantum decus haereditario jure possedi, etc.  particular Person or Family, when they stood upon good Terms with their People, have often prevailed with them, in their Lives-time, to secure the Succession to their Eldest Sons; and H. 2. to prevent hazarding the Succession, endangered himself, by getting his eldest Son Crowned, himself living: But as the going no farther than the eldest, argues, that they looked on that as a Favour; the pressing for a Settlement on their Issue in any manner, argues, that it was not looked upon as a clear Point of Right without it.  
Of later Times Settlements have been made in Tail, which though they were occasioned by Pretences to Titles, are Records against an Hereditary Monarchy.  
5. The Oaths of Allegiance, required of all the Subjects, were never 
V. Leges W. 1. de Fide, etc. Statuimus etiam ut omnes liberi homines foedere & sacramento affirment, quod intra & extra regnum Angliae Willielmo Regi Domino suo fideles esse volunt, etc. Leges S. Edw. tit. Greve. Vid. Juramentum homagii facti Regi. Prynne's Signal Loialty, p. 274. Poll. Virgil. l. 22. sub initio.  extended to Heirs, but were barely Personal, till Settlements of the Crown were obtained upon the Quarrels between the Families of York and Lancaster; and tho' H. 4. obtained in Parliament an Oath to himself, the Prince, and his Issue, and to every one of his Sons successively; and in the time of H. 6. the Bishops and Temporal Lords swore to be true to the Heirs of R. Duke of York; yet perhaps no Oath of Allegiance to the King and His Heirs can be shown to have been required of the Subjects in general, till that 26 H. 8. according to the Limitations of the Statute 25.  
6. Even where the People had settled the Crown, they seemed to intend no more, than to give a Preference before other Pretenders; not but that upon weighty Reasons they might alter it, as appears by Pollydore Virgil, who was never thought to lie on the People's side, whatever Evidences for them he may have concealed or destroyed; whose Words of H. 5, to whom the Crown had been limited by Parliament, may be thus rendered.  
Prince Henry having buried his Father, causes a Council of Nobles to be convened at Westminster; which while they, according to the 
Nota, Proceres may take in the Nobiles minores.  Custom of their Ancestors, consulted about making a King, behold, on a sudden some of the Nobility, of their own accord, swear Allegiance to him; which officious goodwill was never known to have been shown to any before he was declared King.  
7. As the Practice of the Kingdom is an Evidence of its Right, numerous 
William 2. was elected during the Life of his eldest Brother, who was set aside by the English, against whom he had discovered Ill-will, in spite of the Normans. So H. 1. Stephen was elected while Maud the Daughter of H. 1. was alive; and H. 2. succeeded in her Life-time, upon an Agreement made with Stephen, by the People's Consent. R. 1. as within. King John crowned in the Life-time of his eldest Brother's Son, Prince Arthur: So was his Son H. 3. in the Life-time of Elinor, Prince Arthur's Sister. E. 1. as within. E. 2. elected. E. 3. set up by the People in his Father's Life-time, which the Father took for a Favour, R. 2. declared Successor by Parliament, in the Life-time of his Grandfather. H. 4. of the younger House, came in by the People's Choice, upon their deposing R. 2. H. 5. & 6. Son and Grandson to H. 4. came in upon a Settlement. E. 4. of the elder House, cam● in under an Agreement made in Parliament between his Father, who lived not to have the Benefit of it, and H. 6. his Son. E. 5. was never crowned. R. 3. who set him aside, was of the younger House. H. 7. who vanquished him, could have no Right of Proximity; for the Daughter of E. 4. and his own Mother, were before him. All that came in since, enjoyed the Crown, either under the various Settlements of H. 8. or that of H. 7. which took place again in J. 1. or from H. 6. at the highest.  Instances may be produced of Choices, not only so called by the Historians, but appearing so in their own Natures; wherein no regard has been had to Proximity, but barely to Blood.  
And I believe no Man can show me any more than Two since the reputed Conquest, of whom it can be affirmed, with any semblance of Truth, that they came in otherwise than upon Election, expressed by the Historians of the Time, or employed, as they had no other Title, or else a late Settlement of the Crown, either upon themselves immediately, or in Remainder. The Two upon which I will yield some Colour, are R. 1. and E. 1. which singular Instances will be so far from turning the Stream of Precedents, that unless the Form or Manner of Recognising their Rights as Hereditary be produced, the Presumption is strong, that the Declarations of the Conventions of those Days, or the People's acquiescing upon the Question, Whether they would consent to the King in nomination, or both, made even their Cases to be plain Elections. And of these two Instances, perhaps, one may be struck off; For tho' Walsingham says of E. 1. They recognised him for their Leige-lord, that does not necessarily imply a Recognition 
Walsingham, f. 1.  from a Title prior to their Declaration; for which way soever a King comes in duly, he becomes a Liege-lord, and is so to be recognised or acknowledged; and that the Title was not by this Author supposed prior to the Recognition, appears, in that he says, Paterni honour is 
Walsingham, ib.  successorem ordinaverunt, They ordained or appointed him Successor of his Father's Honour. And yet his Father, to secure the 
Sir P. P. Obligation of Oaths, f. 295.  Succession to him, had soon after his Birth issued out Writs to all the Sheriffs of England, requiring all Persons above Twelve Years old to swear to be faithful to the Son, with a Salvo for the Homage and Fealty due to himself.  
Indeed, of R. 1. the Historian says, He was to be promoted to the 
Walsingham, Ypod Neustriae, f. 45.  Kingdom by Right of Inheritance; yet the very Word promoted shows something that he was to be raised to, higher than that Right alone would carry him; which he fully expresses in the Succession of E. 2. which, he says, was not so much by Right of Inheritance, as by the unanimous Assent of the Peers and Great Men. Which shows, that ordinarily 
Walsingham, f. 68  they, respectively, who stood next in Blood, might look for the Crown before another, till the People had by their Choice determined against them.  
But this is farther observable of R. 1. That he was not called King here, but only Duke of Normandy, till he was Crowned; which, 
Bromton, f. 1155. So Hoveden, f. 656.  next to the People's Choice, was in great measure owing to his Mother's Diligence: For he being absent at the Death of his Father, his Mother, who had been released out of Prison by his means, to secure the Succession to him, went about with her Court from City to City, and from Castle to Castle, and sent Clergymen, and others of Reputation, with the People into the several Counties, by whose Industry she obtained Oaths of Allegiance to her Son and herself, from the People in the County-Courts, as it should seem; notwithstanding which, the Archbishop charged him at his Coronation, not to assume 
Bromton, f. 1159.  the Royal Dignity, unless he firmly resolved to perform what he had sworn: To which he answered, That by God's help he would faithfully observe his Oath. And Hoveden says, That he was Crowned by the Counsel and Assent of the Archbishops, Bishops, Earls, Barons, and 
Hoveden, f. 656.  a great number of Milites, which Word was then of a large extent. Wherefore I submit it to Consideration, whether these are any Exceptions to the General Rule, or are not at least such as confirm it.  
8. The Parliament 11 H. 7. declares, That it is against all Laws, 
11 H. 7. c. 1.  Reason, and good Conscience, that Subjects should lose or forfeit for doing their true Duty and Service of Allegiance to their Prince, or Sovereign Lord for the time being; that is, to the King de facto, as appears by the Occasion of the Law to encourage the Service of H. 7. who had no Title but from his Subjects; and there is a Provision, That any Act or Acts, or other Process of Law to the contrary, shall be void: Which being built upon the Supposition, That according to the Fundamental Law, the People's Choice gives sufficient Title, perhaps is not vain and illusory, as the Lord Bacon would have it; but argues strongly, 
Lord Bacon's Hist. of H. 7. f. 145.  that the Parliament than thought the Monarchy Elective, at least with that Restriction to the Blood, which I yield. And if this be part of the Fundamental Contract, for which it bids very fair, then perhaps no body of any other Stock may be King within this Statute.  
To what I have offered on this Head, the following are all the Objections of seeming weight which have occurred to me.  
The Maxim in Law, That the King never dies; or, to use the 
Object. 1. Finch's Description of the Common-Law French, Ed. An. 1613. f. 20. b. & 21. a. The same made use of Reflections upon our late and present Proceeding, p. 10.  Words of Finch, The Perpetuity which the Law ascribes to him, having perpetual Succession: and he never dies; for in Law it is called the Demise of the King.  
To which I answer, 1. That neither that Book, nor any Authority 
Answ.  there cited, is so ancient as the Settlement of the Crown above observed; and that the Death is but a Demise or transferring the Right immediately to a Successor, may be owing to the Settlement, but is no Argument of any Right otherwise. 2. Even where there is an Election, tho' never so long after the Death of the Predecessor, yet by way of Relation, 'tis as if there were a Demise or Translation of Interest, without any Interregnum, as it was resolved by all the Judges 1 Eliz. of which the Words of Lord Dyer are, The King who is Heir or Successor, 
Dyer, f, 165.  may write and begin his Reign the same day that his Progenitor or Predecessor dies; with which agrees the Lord Anderson. But 
Anderson, f. 44. He has it, Le Successeur & le Heir; elsewhere 'tis Heir ou Successeur. Ib. f. 45. v. 1 E. 6. c. 7. v. 7. Rep. f. 30. Object. 2.  that to many intents a King dies in his Politic Capacity, as well as Natural, appears by the discontinuance of Process in Criminal Causes, and such in Civil as was not returned in the Life of the former King, till kept up by Statute; the determination of Commissions, and the like.  
'Tis urged, That the Hereditary Right contended for, has not been interrupted by the People's Elections, so oft as it should seem by the Breaches in the Succession; for that many who came in before them who stood next, were Testamentary Heirs of the Appointment of the Predecessor, which argues an Inheritance in him that disposes. And Dr. Brady thinks he produces an Example, where the Election of the People 
Brady's Hist of the Succession f. 8, 9  was bound and limited by the Nomination of the Predecessor.  
But if he had duly weighed the Precedents of this kind, he might have understood, that an Election without a Nomination had full effect, 
Answ.  while a bare Nomination had none; and he might have learned from Grotius, that among the Germans, from whom we descend, Kingdoms 
Grotius de jure Belli & Pacis, lib. 1. p. 60.  did not use to pass by Will, and that Wills were but Recommendations to People's Choice, but not Dispositions.  
I find it urged, That as anciently as the time of E. 3. the Realm 
Object. 3.  declared, That they would not consent to any thing in Parliament, 
Vid. Debates about Deposing.  to the disherison of the King and his Heirs, or the Crown whereunto they were sworn.  
If any Colour of Evidence can be produced, that the Subjects of England, so early as that, swore Allegiance to the King and his Heirs, 
Answ.  this were to the purpose. Indeed, I find, that before this, 24 E. 1. 
Knighton, f. 2482.  a Foreign Prince, the King of Scotland, Feudatory to the Crown of England, did Homage to the King and his Heirs; but the like not being exacted of the Subjects of England till particular Acts, whereby the Crown was settled, it argues strongly, as indeed appears from the Subject Matter, that the Homage paid by a Foreign Prince was due to none but the present King, and his Successor to the Kingdom, whoever was next of Blood: And by parity of Reason, the Disherison of the King, and him, her, or them who succeeded to the Crown, was all that could be referred to, when they urge the Obligation of their Oath to the King and his Heirs, or the Crown, which appears farther, not only from the old Oath of Allegiance, to which 
Leges Sancti Edwardi. tit. Greve. Conjurati fratres ad defendendum regnum, etc. & honores illius omni fidelitare cum eo servare. So Leges W. 1. tit. De fide & obsequio erga Regem. Quod Willielmo Domino suo fideles esse volunt & honores illius, etc. defendere. Bracton, lib. 2. cap. 29.  they must needs have reference, whereby they are bound to defend the Rights of the Crown; but even from the Matter then in question, which was not of the Right of Succession, but of a Flower of the Crown. Bracton puts this out of dispute, when he tells us, That Inheritance comes not from an Heir, but an Heir from Inheritance; and that Inheritance is the Succession to all the Right which the Predecessor had by any sort of Acquisition. With Bracton 
Vid. Sir P. P. As Successors are Heirs, so Dr. Brady tells us, Gloss. f. 18. That Prepossessor, one that possessed the Land before the present Possessor, without any relation to Blood or Kindred, is Ancestor in Doomsday, and in the Writ de morte Antecessoris.  agrees the Civil Law, Haeredis significatione omnis significari Successores credendum est, etsi verbis non sunt expressi; By Heirs we are to believe all Successors to be signified, altho' not expressed in Words: And again, Nihil est aliud haereditas quam successio in universum jus quod defunctus habuit; Inheritance is nothing else but Succession to all the Right which the Deceased had. Wherefore I cannot but wonder that so Learned a Man as Sir P. P. should cite this to prove, 
Sir P. P. Obligation of Oaths, f. 302.  that Allegiance is due to the Heirs and Successors in a Legal Course of Descent; that is, as he explains, or receives it out of Mr. Prynne 
Fol. 298.  by proximity of Succession in regard of Line. 
Fol. 300.   
Nor is this Learned Man more fortunate in mentioning the Salvo, which Littleton tells us is to be taken to the Oath of Homage to a Subject, 
Sir P. P. f. 297. Littleton, tit. Homage, sect. 85.  Salve la Foy que jeo doy a nostre Signior le Roy; where there is not a word of Heirs; but he tells us, that Littleton citys Glanvil, where the word Heirs is; whereas 'tis the Lord Cook who makes the Quotation, as he does of Bracton, whose Sense of the word Heirs we have seen; and Littleton fully confirms it, by leaving out the word Heirs, as a Redundancy, Allegiance being due to every one that becomes King, and to no other.  
But to put the extent of Heirs to a King out of Controversy, we have the Resolution of all the Judges in B. R. in the time of Q. Eliz. on 
Popham's Rep. f. 16. & 17.  my side. King R. 3. had granted certain Privileges to the Burgesses of Gloucester, with a Saving to himself and his Heirs; and it was agreed by all the Justices, That altho' the Words are, Saving to himself and his Heirs, it shall be taken for a perpetual Saving, which shall go to his Successors. This therefore they adjudged to reach the Queen, who, 'tis well known, was not Heir to R. 3.  
The great Objection is, That in the Contests for the Crown between 
Object. 4.  the Families of York and Lancaster, each Side pretended Title by Proximity of Blood; and as either prevailed, their Right was acknowledged to be according to God's Law, Man's Law, and the Law of Nature. To 
Rot. Parl. 1 E. 4.  which I answer:  
As appears in the very Objection, this was applied to those who had no such Right of Proximity, as well as those who had; and thus 
Answ.  'twas to R. 3. as well as to E. 4. And even the Election of H. 4. after the Deposing and Relinquishing of R. 2. with his own express Consent, is by the same Parliament that says so much of the Title of E. 4. called an Usurpation upon R. 2. Wherefore if this Record be any way leading to our Judgements, no Deposing or Resignation, whatever be the Inducement, can be of any force.  
Whence 'tis plain, that all these are but Compliments to the longest Sword, however, they neither set aside former Authorities, nor establish any Right for the future, at least not more for the Heirs of E. 4. than the Parliament of R. 3. did for his Heirs: Yet whoever comes next by Right of Proximity, according to any Settlement in being, I will not deny that they enjoy the Crown according to God's Law, Man's Law, and the Law of Nature; for, as the Great Fortescue has it, All Laws 
Fortescue de laudibus Legum Angl. c. 3. Jovian, p. 253.  published by Men have their Authority from God; and upon which the Author of Jovian argues, and supposes all Laws of Men to be the Laws and Ordinances of God: Yet who can say but these Humane Creatures, or Ordinances of Men, may be altered, as they were made? And tho' it may seem strange to some, yet I may with great Authority affirm, That when the People had determined the Right on the Side of R. 3. he was King as much according to God's Law, as E. 4. For Pufendorf holds, That where the Question is, what Degree, 
Pufendorf de Interregnis, p. 288. Quod si dubitatur qui gradus aut quae linea sit, potior declarata voluntas populi finem liti imponet, etc.  or what Line is best, the declared Will of the People determines the Controversy; since every one is presumed to understand his own Intention; and the People that is now, is to be thought the same with that by which the Order of Succession was constituted.  
But let Men argue as nicely as they please, for a Right or Sovereignty inseparable from the Person of the next in Blood, to the last lawful King; let this fall upon J. 2. the reputed Prince of Wales, or any other Person of unclouded Birth and Fame; and let them argue upon the Declaration 1 E. 4. That Allegiance is there due by God's Law, Man's Law, and the Law of Nature: Certain it is, that the Statute 11 H. 7. abovementioned, was not only made in an Age of greater Light, but being a subsequent Law, derogates from whatever is contrary in the former: By this last it is declared to be against all Laws, That Subjects should suffer for doing true Duty and Service of Allegiance to the King de facto; which is as much as if 'twere expressed to be against God's Law, Man's Law, and the Law of Nature: By the necessary Consequence 
Vid. 3 Inst. f. 7. upon the Stat. of Treason, 25 E. 3. referring in the Margin to this Statute. This is to be understood of a King in possession of the Crown and Kingdom; for if there be a King regnant in possession, although he be Rex de facto, and not the jure, yet he is Signior le Roy within the Purview of this Stature; and the other who hath the right, and is out of possession, is not within this Act: nay, if Treason be committed against a King de facto, and after the King de jure come to the Crown, he shall punish the Treason done to the King de facto; and a Pardon granted by a Kind de jure, that is not also the facto, is void.  of which, Allegiance is due to a King de facto according to all these Laws: Wherefore whoever denies Allegiance to King William and Queen Mary, or maintains a contrary one to J. 2. offends against God's Law, Man's Law, and the Law of Nature. Nor, whatever some imagine, can the Proviso at the end of this Statute in the least impair its Force, as to what I use it for. The Proviso runs thus.  
Provided always, That no Person or Persons shall take any Benefit or Advantage by this Act, which shall hereafter decline from his or 
11 H. 7. c. 1.  their said Allegiance.  
Where said Allegiance, shows it to be meant of Allegiance to the King de facto, whose Service is called true Duty; and no Man surely can think the meaning to be, that if after such Service they turn to the other Side, or become Traitors to the present Power, they shall suffer for the former Service, as Traitors against him that had the Right, either during the Reign of the King in being, which would be an unlikely owning the ejected Power; or hereafter, if that should come to be restored, which would be far from answering the apparent End of that Clause which is to keep Men in Obedience to him who has the Power of punishing the Disobedient. Wherefore the plain meaning must be, that no Man who departs from his Duty of Allegiance to the present King, shall save himself by pleading, that he had been in Arms, or had done him any signal Service. In short, this was to be no Corban, to answer for any following Departure from Duty.  
4. I think I have, with due regard to all colourable Objections, made 
That the People of England were lately restored to a qualified Choice.  it appear, That Allegiance may in some Cases be withdrawn from one who had been King, till the occasion of such Withdrawing, or Judgement upon it.  
And this I have done, not only from the Equity and reserved Cases necessarily implied, but from the express Original and continuing Contract between Prince and People; which, with the Legal Judicature empowered to determine concerning it, I have likewise shown, and exemplified, by the Custom of the Kingdom, both before the reputed Conquest, and since: And have occasionally proved, That tho' Oaths of Allegiance may reach to Heirs according to special Limitations, as was 26 Hen. 8. yet in common intendment, by Heirs of a King or Crown no more is meant, than such as succeed to it according to the Law positive, or implied: And that whoever comes to the Crown upon either, Allegiance is as much due to him by the Law of God and Nature, as it was to the nighest in Blood: Or, to use the Words of Bishop Sanderson, Dignity varies not with the change of Persons: 
Sanderson de Obligatione Juramenti, Lect. 4.  Whence if any Subject or Soldier swear Fidelity to his King or General, the Oath is to be meant to be made unto them also who succeed to that Dignity.  
And when the Crown continues in the Blood, this, especially by what I have above shown, puts the Obligation of Allegiance to the King in being, out of controversy, unless it can be made appear, that the Right of the former King remains; or that there is some Settlement of the Crown yet in force, which ties it strictly to the next.  
I come now to prove, That the People of England are actually discharged from their Oaths of Allegiance to J. 2. and were lately restored to that Latitude of Choice which I have shown to be their Original Right.  
The Lords and Commons having a Judicial Power in this Matter, as hath been proved at large; their Exercise of this Power in the nature of the thing determines the Right, unless an Appeal lies from them to some higher Court in this Nation. But that no Power can legally question them, or any of them, in this Matter, appears more particularly, in that there is no Statute now in force, (nor was since the Death of Car. 2.) which makes it Treason to conspire to Depose a King, or actually 
Vid. Sir Robert Atkins his excellent Defence of the Lord Russel, f. 22, 23.  to Depose him. But this is of the Nature of those Common-Law Treasons, which are left to the Judgement of Parliament: And they who are the only Judges of their own Actions, have a pretty large Liberty in them, especially according to them who would infer the Absolute Power of Princes, from the Supposition of no constituted Judges of their Actions. Wherefore the Defence of their Proceedings might justly seem to be superseded, were it not for an ungovernable sort of Men, who either cannot, or will not, judge according to the Rules of right Reasoning: but as they will hardly admit of any Doctrine as true, for which they have not the Decision of some Father or Council; will believe no Action, not proceeding from their imperious Dictates, justifiable, even in Cases of the utmost necessity, for the Preservation of the true Religion and just Laws, for which they have no Warrant from the Examples of their Forefathers, or Opinions of Men whose Books have passed with their Allowance: Which often drives me to the seeming Pedantry of Quotations, to confirm the most obvious Considerations, to which my own Thoughts led me.  
The either open, or more covert Matters of Fact, inducing the Declaration of Lords and Commons, That J. 2. has broken the Original Contract, I need not now inquire into. All People must own, that 〈◊〉, if they in the least attend to the Constitution of our Government and how apparently he by his general Dispensations usurped a Legislative Power, for the Destruction of the Protestant Religion and Civil Rights; which we were in a fair way of being Dragooned out of by a Standing Army, by degrees to have been wholly under Popish or Complying Officers: Yet if there were no more than his leaving the Kingdom, without making any Provision for keeping up the Justice of it, and going into France, a Country from whence all Mischiefs have of late Years flowed upon us and our Religion; Who can deny, but this alone would have been enough to set him aside? The going out of the Realm, without appointing a Custos, was anciently 
Rastal's Entries, tit. Reattachment, f. 544. b. Resum' etc. quia extra Regnum Angliae Progres. fecimus, nullo locum tenente nostrum sive Custode Regni relicto, & e.  in our Law a Discontinuance of Justice.  
And the Lord Hobart gives it as a Maxim, Cessa regnare si non vis judicare; 
Hobart. f. 155. " Cease to Reign, if you will not Judge, or maintain the Course of Justice.  
Many, I know, upon these Questions rather regard the Civil Law; and that, I am sure, gives a home-thrust, in the Case of deserting 
Ved. Leges 12 Tab. de Magistrate.  one's Country, and going into such an one as France is to our Nation, tho' it has been in too strict Alliance with our Kings.  
The Digests say,  
A Deserter has no Right of being restored to his Country: For he 
Digest. lib. 49. tit. 15. de Captivis & Postliliminio. Transfugae nullum postliminium est, nam qui malo Consilio. & Proditoris animo patriam reliquit, hostium numero habendus est, etc. transfuga autem non is solus accipiendus est, qui aut ad hostes aut in bello transfugit, sed ad eos cum quibus nulla amicitia est fide susceptâ transfugit.  who left his Country with an evil and treacherous Mind, is to be held as an Enemy, etc. But we are to take not only him for a Deserter, who runs over to Enemies in time of War, but also during a Truce: Or, who runs over to them with whom there is no Amity, either after undertaking to be faithful to his Country, or else undertaking to be faithful to the other: Either of which Senses the Words will bear.  
'Tis likely to be said, That this out of the Civil Law is improperly applied to the Prince, who, according to that, is exempt from all Laws.  
But I would desire such to read the Rescript or Law of Theodosius and Valentinian, wherein they thus declare: 'Tis an Expression suitatable 
Imp. Theod. & Valentin. Caes. ad Volusianum Praefectum Praetorio. Digna vox est Majestate regnantis, Legibus ad ligatum se principem profiteri. Adeo de auctoritate juris nostra pendet auctoritas: & reverâ majus imperio est submittere Legibus principatum. Et oraculo praesentis Edicti, quod nobis licere non patimur aliis indicamus.  to the Dignity of one that Reigns, to profess himself bound by the Laws. Our own Authority does so depend upon the Authority of Law. And in truth, for the Governing Power to submit to Law, is greater than Empire. And by the Promulgation of this present Edict, we make known to others, what we will not allow to ourselves.  
That J. 2. had before his Departure broken the Fundamental Laws, and that now he not only ceases to Protect, but is in a Kingdom which foments and strengthens a Rebellion in Ireland, part of the Dominions belonging to the English Crown, I think no body will deny. Nor till they can answer what I have shown of the mutual Contract, continued down from the first Erection of the Monarchy here, ought they to deny, that he has thereby broken the Original Contract which bound the People to him, and him to them. What results from this Breach, is now more particularly to be considered. That it is a Discharge from all Allegiance to him required by any Law, and confirmed by any Oaths, is evident, not only from the former Authorities, but from the Condition going along with such a mutual Contract as I have proved to be with us between Prince and People. Or rather, to use the Words of the Learned Pufendorf,  
The Obligation is not so much dissolved, as broken off, by the 
Pufendorf de Officio Hominis & Civis, p. 201.  Perfidiousness of either Party: For when one does not perform that which was agreed on, neither is the other bound to performance: For the prior Heads of things to be performed in Contracts, are in the Subsequent by way of Condition. As if it should be said, I will perform, if you perform first.  
This he more fully explains in another Book, where he distinguishes 
Pufend. Elementa Jurisprudentiae, p. 85. & 94. Vid. Puf. supr. de Interregnis, p. 274.  between an Obligation imperfectly mutual, as he supposes it to be between an Absolute Prince and his Subjects; and one perfectly mutual, as he takes it to be, where the People have conferred a Power on any Terms.  
Of such Obligations, he says,  
These, since they have a mutual respect to the things agreed on, 
Pufend. Elementa Jurisprud. p. 94.  and suppose mutual Faith; it is evident, that if one Party violate the Faith which he plighted, the other is no more bound. And therefore he is not perfidious who stands not to those Contracts which the other has broken. For all the Heads of one and the same Contract, run into each other by way of Condition, etc.  
And in that Book of his, which is counted the Standard of the Law 
Pufend. de Jure Gentium, p. 1105.  of Nations, he asserts it to be lawful for Subjects to oppose their Prince by Force (which is a sufficient departure from Allegiance) if he goes about modum habendi potestatem immutare; i. e. to change that Manner 
V. Grot. de Jure Belli & Pacis, de summitatem habendi plenitudine, p. 62.  in which he by the Contract enjoys the Power, from less to more Absolute.  
And in his Tract de Interregnis, cited above, he allows of this; 
Dissertationes de Interreg. p. 272. supra.  If the King abdicate all Care of the Commonwealth, becomes of an hostile Mind towards his Subjects, or manifestly departs from those Rules of Governing, upon the Observance of which, as upon a Condition, the Subjects have suspended their Obedience.  
Nor is the Germane Author Knichen less plain; whose Words are, If the Magistrate have absolute and full Majesty, due Subjection 
Rudolphi Godofredi Knichen opus polit. f. 1226.  ought by no means to be denied him, tho' he be impious: Nor may another be substituted in his room, upon his being cast out. Much less can a new Form of Government be introduced. But if he were constituted by the People under certain Pacts and Promises sworn to him by the People, and therefore is bound to certain Rules of Laws, and either to do or avoid things contained in those Contracts, whether Fundamental Laws, or things particularly concerted, (as for Example, the Emperor in our Empire:) They not being observed, but studiously, enormously, and obstinately violated; the Hopes of Amendment, after many of the Subject's Prayers and Admonitions, plainly vanishing; he may rightfully be removed by the States and People, etc. The Reason is, Because he was promoted to the Government by such Agreement, and that sworn to, according to the Laws of the Agreement or Contract: The Nature of which consists in this, That if that Party for whose Sake or Cause they are Constituted, violate them, the other Party of very Right is freed from the Observance of those things which are granted by such Laws.  
Nor does Philip Pareus come short of this, in his Defence of his Father David, where he speaks very particularly of the Effect of the 
Philippi parei Vindicatio, p. 50, & 51.  mutual Compact.  
But notwithstanding the Discharge from Allegiance to J. 2. some will urge, That it continues to the Person that stands next in Blood.  
Against which, I doubt not but I shall offer full Evidence. For,  
1. If, as I have shown, the Promise to the King himself be Conditional, 
Vid. Brook, tit. Condition, n. 67.  and his Interest determines by his Breach of the Condition, be the Condition precedent, in which Case no Interest is vested till Performance; or subsequent, in which the Breach divests what before was settled; What Interest can the Heir have in a Conditional Estate determined by Breach of the Condition? And since it has been made appear That the Heirs of a King with us, take not as Purchasers by an Original Contract, upon which there might be some Pretence of an Interest vested in them, independent on their Father's Title; but they who can be said to have succeeded without an immediate Choice, did it by virtue of subsequent Settlements, entirely depending upon the Original Contract, continuing down to their immediate Ancestors respectively; If that Contract be dissolved, what can support the Settlement? Can the Agreement for the Benefit of a King and his Posterity, be supposed to be other, than that if he govern them as King, performing the Essentials of the Contract on his part, he and his Descendants shall enjoy the Crown? Can it be imagined, that this was 
Vid. Lit. c. 5. Estates sur Condition.  made for the separate Benefit of the Heir, without regard to the Ancestor's Performance? Or is it to be supposed in the nature of the thing, that the People would have made such a Contract, whereby after being justly discharged from their Allegiance to a King, and having acted pursuant thereto, they shall enable a Successor to revenge his Ancestor's Quarrel? This were such a Contract as that which the Lord Clarendon assures us, if never so real, can never be supposed to be with the 
V. L. Clarendon, cited above in the Margin, his Survey of the Leviathan, p. 86.  intention of the Contracter. And Grotius argues against a King's Power of aliening his Kingdom, from hence, that this is not to be prsumed to have been the Will of the People in conferring the Power. And in another place he says, Right is to be measured according to the Will 
Grot de Jure Belli & Pacis, l. 1. c 3. p. 60. Grot. sup. p. 64. Fortescue.  of him from whom the Right arises.  
2. The Power of the King being, as Fortescue has it, and the Authorities above plainly evince, a Populo effluxa, derived from the People; and the Interest of J. 2. being determined, he yet living; so that there can be no Heir to him, or of his Body; What hinders the Operation of the known Rule in Law, That where there is no Remainder to take effect at the Determination of the particular Estate, it 
Vid. 11 H. 6. f. 12. b. Rolls Abr. tit. Remainder, f. 415.  shall revert to the Donor? Which in this Case is manifestly the People.  
If it be said, That this Rule shall not extend to the Descent of the Crown, which differs from Common Inheritances; I dare say, No Man can show any Difference, but what is more strong for the People's Choice: For whereas Common Estates are for the Benefit of them who have the present Interest, the Crown is a Trust for the Benefit of the People.  
3. The Ancient Statute abovementioned, of which the Lords and Commons mind R. 2. upon his Maladministration, says, That upon putting the King from his Throne, with the Common Assent and Consent 
V. sup. Knighton, f. 2683.  of the Nation, for the Causes there expressed, they may set upon the Throne in his stead propinquiorem aliquem de stirpe Regia; some 
Nota, Not proximum.  body of Kin to the King, of the Royal Stock. If they were tied to the next, it certainly would have been proximum: Besides, the word aliquem shows a Latitude: And according to this, upon R. the Second being Deposed, H. 4. claimed the Crown, Als descendit be right 
Rot. Parl. 1 H. 4. n. 54.  Line of the Blood coming from the good Lord Henry third. But because this, without consideration of his Merits in rescuing them from R. 2. entitled him to the Crown no more than another of the Blood; 
Ibn. 55.  therefore the Lords and Commons drew up an Instrument purporting their Election.  
4. But admit, none of the foregoing Arguments were enough to show, That upon James the Second Abdication, or at least losing his Interest in the Government, the People of England were restored to that Liberty which they had before the Settlement of the Crown, which was in force till the Original Contract was broken by him; yet, I conceive, the particular Consideration of the State of the Settlement, might afford sufficient Argument.  
Henry the Fourth, Fifth, and six, if we believe Dr. Brady, held 
Brady's Hist of the Succession, f. 25.  the Crown by Usurpation: Yet the earliest Settlement of the Crown farther than the first Son, was in the time of H. 4. Nor, as I shall show, was the Crown enjoyed by J. 2. under better Title than they had. H. 5. and 6. came in under an Entail of the Crown 7 H. 4. confirmed 8. The Misgovernment of H. 6. having given occasion to 
Vid. Rot. Parl. 8 H. 4. n. 60.  Richard Duke of York, of the Blood-Royal and Elder House, to assert the People's Rights, not his own; Henry and the Duke, with the Consent of the Lords and Commons, came to an Agreement in Parliament, That Richard and his Heirs should enjoy the Crown after the Death of Henry. And tho' here the word Heirs is mentioned without restraint, yet considering that it is the first time that ever the Crown was settled so far, I know not whether it is not to be taken with Gomezius 
Gomezius de Qualitatibus Contractuum, f. 319. Hottomanni Com. de Verbis Juris usus-fructus est jus alienis rebus utendi fruendi, saluâ rerum substantiâ, Emphyteusis.  his Restriction, of an Usufructuary or Emphyteutical Estate; of the last of which, much of the same nature with the other, he says, If it did not use to be granted to more than the first, second, or third Heirs, the mention of Heirs simply, aught to be restrained to those only; because the Nature or Quality of the thing granted, aught to be attended to.  
After the Death of Richard Duke of York, his Son Edward the Fourth, as I before observed, took the Government upon him, as forfeited by breach of the Covenant established in Parliament. However, H. 6. being set up again ten Years after, gets that Settlement by which E. 4. was to have benefit, to be revoked, and the Crown to be entailed on his Issue; the Remainder to the Duke of Clarence, younger Son to the Duke of York. Afterwards E. 4. having success, revives 
13 E. 4.  the Settlement 39 H. 6. Only that he attaints H. 6. with others of his Party. Which Attainder was removed 1 H. 7. and declared contrary to 
Rot. Parl. 1 H. 7. n, 16. H. 7. Son to Edmund Earl of Richmond, Brother by Mother's Side to H. 6.  due Allegiance, and all due Order. And not only the Attainder, but that Act of Parliament itself was revoked. So that hitherto there had been no Title in the Heirs of Richard Duke of York, or of Edward the Fourth, but what was derived under the Settlement of Henry 6. called an Usurper, and Edward the Fourth's Treason deprived him of the Benefit even of that Settlement.  
H. 7. indeed married the eldest Daughter of E. 4. But before that Marriage, having conquered Rich. 3. he claimed the Crown: As his Words in Parliament were, Tam per justum titulum haereditantiae, quam 
Rot. Parl. 1 H. 7.  per verum Dei judicium, in tribuendo sibi victoriam de inimico suo; As well by just Title of Inheritance, as by the true Judgement of God, in giving him the Victory over his Enemy.  
If it be asked, how he could have a Right of Inheritance, when the Daughter of E. 4. and his own Mother were alive? It seems in the Judgement of that Parliament, that E. 4. having acted contrary to his Allegiance due to H. 6. he and his had lost the Benefit of the Settlement 
Vid. Rot. Parl. 1 H. 7. n. 16. supra.  revived by his successful Treason; and that this was lost, even before the Revival was destroyed by Parliament. And then, tho' H. 7. could not come in without an Election, yet he, as H. 4. before, might have a sort of Inheritance; according to a very witty Author, who speaking of the Kingdom of Israel, says, Concludere licet, regnum Israelis, 
Vindiciae contra Tyrânnos, Ed. Amstelodami, p. 110.  si stirpem spectas, haereditarium certè fuisse; at sanè si personas, omnino electivum; We may conclude, that the Kingdom of Israel, if you look at the Stock, was certainly Hereditary; but if at the Persons, altogether Elective.  
Be this as it will, the Lords and Commons so far regarded King Henry's Claim, that they not only received him for King, but it was enacted by the Authority of the then Parliament, That the Crowns of the 
Rot. Parl. 1 H. 7.  Realms of England and France should rest in him and the Heirs of his Body lawfully coming, perpetually; and in NONE OTHER.  
When they had thus done, the Commons requested the King to Marry Elizabeth Daughter to E. 4. that by God's Grace there might be Issue of the Stock of their Kings. So that this was only to preserve the Royal Blood, not to give any new Countenance or Confirmation to his Title.  
H. 8. enjoyed the Crown not as Heir to his Mother, but under the Settlement upon H. 7. Nor can it be said, that he was in by Remitter, since that Act under which his Mother should have derived, was Repealed: And had it stood in force, yet it would not have made the Title more Sacred; unless it can be shown, that the Mother had a Title prior to the Act of Settlement 39 H. 6. the contrary to which appears by the former Account from Law and History.  
H. 8. procured several Settlements of the Crown, according as Love or Jealousy prevailed in him. In the 25th of his Reign 'twas settled 
25 H. 8. c. 22.  upon himself, and his Heirs Males of his Body, lawfully begotten on Queen Anne, etc. declaring the Marriage with Queen Katherine unlawful; Remainder to the Lady Elizabeth, Remainder to his own Right Heirs. 26 H. 8. an Oath was enjoined for that purpose. 28 H. 8. the 
26 H. 8. c. 2. 28 H. 8. c. 7.  two former Acts 25 & 26. are Repealed, the Illegitimation of Mary Daughter to Queen Katherine is confirmed; the like declared of Elizabeth Daughter to Queen Anne; and the Crown entailed upon his Heirs Males by Queen Jane, or any other Wife; Remainder to Heirs Females by that Queen, or any other lawful Wife; Remainder to such Person or Persons, and according to such Estates as he should appoint by Letters Patent, or by Will. 35 the Crown is settled subject to such Conditions as the King should make, according to the Power there given; first, upon Prince Edward, and the Heirs of his Body: the Remainder, in like manner, upon the Ladies Mary and Elizabeth, and the Heirs of their Bodies successively, without taking off their Illegitimations. And the same Power is given of Disposing by Letters Patent, or by Will, as by the Statute 28. for which a memorable Reason is given in both Acts; Lest if such Heirs should fail, and no Provision 
Vid. 28 H. 8. sup. & 35 H. 8.  made in the King's Life, who should Rule and Govern this Realm; for lack of such Heirs, as in those Acts is mentioned, that then this Realm should be destitute of a Lawful Governor. E. 6. succeeded according to both those Acts: After him, Queen Marry, by the last: who, at her coming to the Crown, could not be looked on as of the Right Line, because of the Acts which Illegitimated her: But in the first of her Reign, the same Parliament takes off her Illegitimation, and Repeals the Acts 25 & 28 H. 8. And in this the Parliament seems rather to provide for the Honour of her Descent, than (as Dr. Brady would have it) to declare the Succession to be in Inheritance by Right of Blood. Whatever 
Hist. of Succession, f. 34.  might be the secret Intention, I am sure there is no such Authoritative Declaration: And the Acts 28 & 35 H. 8. seem to say quite the contrary. 1 & 2 P. M. tho' there is no direct Settlement, it is made Treason to compass the Deprivation or Destruction of K. P. during 
1 & 2 P. M. c. 9  the Queen's Life; or of the Queen, or of the Heirs of her Body lawfully begotten. Queen Elizabeth succeeded by virtue of the Limitation 
1 Eliz. c. 3.  35 H. 8. and though Bastardised by the Statutes 28 H. 8. and 1 M. yet her first Parliament declare, That she is rightly, lineally, and lawfully descended and come of the Blood Royal of this Realm; to whom, and the Heirs of her Body, the Royal Dignity, etc. are and shall be united: And enacts, That the Statute 35 H. 8. shall be the Law of the Kingdom for ever. But the Fee of the Crown not having been disposed of, according to the Power given by the Statute 28, and repeated 35 H. 8. And the 25, whereby 'twas limited in Remainder to the Heirs of H. 8. being repealed upon the Deaths of E. 6. and the Queens, Mary and Elizabeth without Issue; there remaining no Heirs of the Body of H. 8. in the Judgement of two Parliaments, the Realm was destitute of a Lawful Governor.  
Indeed, according to the Act of Recognition, 1 J. 1. the Crown 
1 Jac. 1. c. 1.  came to him, being lineally, rightfully, and lawfully descended of the Body of the most Excellent Lady Margaret, the eldest Daughter of the most Renowned King Henry the Seventh, and the High and Noble Princess Queen Elizabeth his Wife, eldest Daughter of King Edward the Fourth: The said Lady Margaret being eldest Sister of King Henry the Eighth, Father of the High and Mighty Princess of Famous Memory, Elizabeth late Queen of England.  
Tho' this pompous Pedigree, to avoid all Objections, goes as high as E. 4. the Derivation of Title, as appears above, can be no higher than from the Settlement 1 H. 7. Nor does this Act 1 J. make any additional Provision; but indeed seems to flatter the King into a Belief, that there was no need of any; telling him, That they made that Recognition as the First-fruits of their Loyalty and Faith to him, and his Royal Progeny and Posterity for ever. But neither then, or ever after, till that in this present Parliament, did the People make any Settlement of the Crown, but it continued upon the same Foot as it did 1 H. 7. when it was entirely an Act of the People, under no Obligation, but from their own Wills. And if we should use Sir Robert Filmer's Authority, Impossible it is in Nature for Men to give a Law unto themselves, no more than it is to command a Man's self in a 
Sir Robert Filmer's Power of Kings, f. 1.  Matter depending of his own Will. There can be no Obligation which taketh State from the mere Will of him that promises the same.  
Wherefore, to apply this Rule: Since the People that is now, in 
Vid. Pufend. de Interregn. sup. p. 288, 289.  common presumption is the same with that which first settled the Succession, and so are bound only by an Act of their own Will; they have yet as arbitrary a Power in this Matter, as Sir Robert and his Followers contend that the Prince has, whatever Promises or Agreements he has entered into.  
But not to lean upon such a broken Reed; nor yet to make those many Inferences which this plain State of the Settlements of the Crown might afford; Three things I shall observe:  
1. If the Settlement made 1 H. 7. who was an Usurper, according to the Notion of Dr. Brady and his Set of Men, was of no force; then, there being no Remainders since limited by any Act but what are spent, of necessity the People must have had Power of Choosing, or there could have been no lawful Government since Queen Elizabeth's time, when was the last Settlement, except what is now made.  
2. The Declarations of two Parliaments, 28 and 35 H. 8. fully balance the Declaration 1 Jac. 1. if they do not turn the Scales; considering, that the Judges in the later Times seem to have had less Law or Integrity than they had in H. the Eighth's. I will not take upon me to determine which was the Point of Two that they might go upon. 1. That a Government shall not pass by Implication, or by reason of a dormant Remainder. But there having been so many Alterations since the Settlement 1 H. 7. and the whole Fee once disposed of, nor ever any express Restitution of the Settlement 1 H. 7. the People were not to think themselves obliged to a Retrospect: 'Tis evident, at least, that they did not. Or, 2. Perhaps they might question, whether they were obliged to receive for Kings the Issue of Foreign Princes, since there was no means of being sufficiently informed of the Circumstances of the Birth, neither the Common, or any Statute-Law affording any Means of proving it, as appears by the Statute 25 E. 3. which for the 
25 E. 3. Stat. 2.  Children of Subjects only, born out of the King's Allegiance, in Cases wherein the Bishop has Conusance, allows of a Certificate from the Bishop of the Place where the Land in question lies, if the Mother passed the Seas by the King's Licence. But if our Kings or Queens should upon any occasion be in Foreign Parts, 'tis to be presumed, that they would have with them a Retinue subject to our Laws, who might attest the Birth of their Children, and be punished if they swear flalsly.  
Wherefore, 25 E. 3. 'tis declared to be the Law of the Crown, That 
Stat. 25 E. 3. sup.  the Children of the Kings of England, ENFANTZ DES ROYS, as the Record has it, in whatever Parts they be born, be able, and aught to bear the Inheritance after the Death of their Ancestors. Yet this is most likely to be meant of those private Inheritances which any of the Kings had, being no part of the Demeasns of the Crown; since the Inheritance of the Crown was not mentioned, nor, as has been shown, was it such as the King's Children were absolutely entitled to in their Order.  
The most common acceptation of Children is of a Man's immediate Issue: As where Land is given to a Man and his Children, who can 
Vid. 1. Anderson, f. 60, & 61. A Devise to the Wife, after her Decease to the Children. Vid. Wild's C. 6 Rep. In Shelley's C. 1 Rep. f. 103. A Gift to a Man & semini suo, or prolibus suis, or liberis suis, or exitibus suis, or pueris suis de corpore.  think any remote Descendants entitled to it? Nor could it extend farther in the Settlement of a Crown.  
37 E. 3. c. 10. a Sumptuary Law was made, providing for the Habits of Men according to their Ranks, and of their Wives, and Children, ENFANTZ, as in the former Statute of the same Reign. Now altho' this should extend to children's Children born in the same House, it could never take-in the Children of Daughters, forisfamiliated by 
Vid. Sir James Dalrimple's Institutions of the Laws of Scotland, f. 52.  Marriage; nay, nor those of such Sons as were educated in a distinct Calling from their Parents.  
Farther, the very Statute of which the Question is, cuts off the Descendants from Females out of the number of a King's Children, when among other Children not of the Royal Family, it makes a particular Provision for Henry Son of John Beaumond, who had been born beyond Sea; and yet Henry was by the Mother's Side in the Fourth Degree 
Vid. Dugdale's Bar. 2. Vol. Beaumond.  from H. 3. for she was Daughter to Henry Earl of Lancaster, Son of Edmund, Son to H. 3. Had this Henry been counted among the Children of a King, 'tis certain there had not been a special Clause for him, among other Children of Subjects.  
Nor does the Civil Law differ from ours in this Matter; for tho' under the name of Children are comprehended not only those who are in our Power, but all who are in their own, either of the Female Sex, or descending from Females; yet the Daughter's Children were always looked on as out of the Grandfather's Family, according to the Rule in 
Just. Inst. lib. 1. tit. 9 So Bracton, lib. 1. cap. 9 Greg. Tholos. Syntagma juris universi, f. 206. Spiegelius, tit. Liberi. Non procedere in privilegiis quae generaliter publicae utilitati derogant. Vid. Antonii Perezi Inst. Imperiales, p. 21.  Civil Law, transcribed by our Bracton, They who are born of your Daughter, are not in your power: And Privileges derogating from Public Utility, were never thought to reach them, as a Learned Civilian has it. A Daughter is the End of the Family in which she was born, because the Name of her Father's Family is not propagated by her. And Cujacius makes this difference between Liberi, and 
Vid. Cujac. ad tit. de verborum significatione, p. 147. & 230.  Liberi sui; sui, he says, is a Legal Name, the other Natural: The former are only they who are in a Man's Power, or of his Family; and Liberi, strictly taken, he will have to go no farther.  
But in truth, considering the Purview of the Statute which we are here upon, Children in it seems to be restrained to Sons and Daughters, without taking in the Descendants from either; the Occasion of the Law being the Births of several ENFANTZ in Foreign Parts, which could be but Sons or Daughters to the immediate Parents, whether Kings or Private Persons.  
4. But however, this may be enough for my purpose, that there is no colour of any Settlement in force, but that 1 H. 7. and admitting that to have continued till J. 2. had broken the Original Contract, yet that being broken, the present Assembly of Lords and Commons had full as much Authority to declare for King WILLIAM and Queen MARY, as the Parliament 1 H. 7. had to settle the Crown: For H. 7. could give them no Power but what he had received immediately from them. Nor is it material to say, He was Crowned first; since, as I have shown, the Crown confers no Power distinct from what is derived either from an immediate or prior Choice.  
3d. The Power having upon the Dissolution of the Contract between 
That the People of England have duly exercised their Power, in settling the Government.  J. 2. and his former Subjects, returned to the People of Legal Interests in the Government, according to the Constitution, there can be no doubt with unbyass'd Men, but this takes in them only who have Right of being in Person, or by Representation, in those Assemblies where is the highest Exercise of the Supreme Power. But there are two Extremes opposite the to late Election made by such an Assembly. The first is of them who would have all things go on in the same Form as under a Monarch, which was impossible; and therefore the Supreme Law, the Public Safety, must needs supply the want of Form, nor can be justly controverted, till the Lawfulness of the End is disproven: For all Means necessary to such an End are allowable in Nature, and by all Laws. But if this should still be disputed, all their darling Laws made by the Long Parliament, which met after that Convention Anno 1660. will fall to the Ground, according to the strict Application of the Statute abovementioned, 16 Car. 1. nay, the Attempt of Repealing that Statute, being in a Parliament which had been actually dissolved before, by that very Law which it went about to Repeal, that Form which was usual before, is, in default of King and Officers, supplied by another Provision, for the Regular Meeting of Lords and Commons. And what hinders, but the People had as much Power to vary from the common Form, when there was no King, and that Form could not be observed, as when there was a King, and a possibility of having that Form?  
Others suppose, the Consequence of a Dissolution of this Contract to be a mere Commonwealth, or absolute Anarchy, wherein every body has an equal Share in the Government, not only Landed Men, and others with whom the Balance of the Power has rested by the Constitution, but Copy-holders', Servants, and the very Feceses Romuli, which would not only make a quiet Election impracticable, but bring in a deplorable Confusion. But this Dilemma they think not to be answered:  
Either the old Form, as under a Monarch, remains, or it does not: 
Object.  If it does, the late Action of the Lords and Commons was irregular: If it does not, all the People are restored to their Original Rights, and all the Laws which fettered them are gone.  
Here we must distinguish upon the word Form; for if it be taken of the Form of Proceedings or Administration, 'tis no Consequence 
Answ.  that the Form of Government or Constitution should fail, because we admit that the other does.  
Mr. Hobbs indeed holds, That when a Monarch for himself and his 
Hobbs his Leviathan.  Children has left a Kingdom, or renounces it, the Subjects return to their absolute and natural Liberty. Whom the Learned Pufendorf thus answers.  
They who have once come together into a Civil Society, and subjected 
Pufendorf de Interregnis, p. 282.  themselves to a King, since they have made that the Seat of their Fortunes, cannot be presumed to have been so slothful, as to be willing to have their new Civil Society extinct, upon the Death of a King, and to return to their Natural State and Anarchy, to the hazarding the Safety now settled. Wherefore when the Power has not been conferred on a King by Right of Inheritance, or that he may dispose of the Succession at pleasure, it is to be understood to be at least tacitly agreed among them, That presently upon the Death of a King they shall meet together, and that in the Place where the King fixed his Dwelling. Nor can there well be wanting among any People some Persons of Eminence, who for a while may keep the others in order, and cause them as soon as may be to consult the Public Good.  
The Author of a late Paper in relation to these Times, has this Passage, not to be neglected.  
All Power is originally or fundamentally in the People, formally in 
A Letter to a Friend, advising in this exttaordinary Juncture, etc.  the Parliament, which is one Corporation, made up of three constituent essentiating Parts, King, Lords, and Commons; so it was with us in England: When this Corporation is broken, when any one essentiating Part is lost or gone, there is a Dissolution of the Corporation, the formal Seat of Power, and that Power devolves on the People: When it is impossible to have a Parliament, the Power returns to them with whom it was originally. Is it possible to have a Parliament? It is not possible; the Government therefore is dissolved.  
Hence he would argue a necessity of having a larger Representative of the People, that the Convention may be truly National. But had this Ingenious Person observed Pufendorf's two distinct Contracts, by the 
Vid. Pufend, de Interregnis, p. 267. sup. in Marg.  first of which a Provision was made for a Monarchy before any particular Person was settled in the Throne, he would have found no such necessity: But if immemorially the People of England have been represented as they were for this Assembly, and no needful Form or Circumstance has been wanting to make the Representation complete, all Men who impartially weigh the former Proofs of Elections not without a righful Power, must needs think the last duly made.  
Dr. Brady indeed, with some few that led him the Dance, and others that follow, will have the present Representation of the Commons of England to have been occasioned by Rebellion, 49 H. 3. But I must do him the Honour to own him to be the first who would make the Barons to have no Personal Right, but what depends upon a King in being; for he allows none to have Right of coming to Parliament, but such only to whom the King has thought fit to direct Writs of Summons: 
Brady's first Edit. p. 227. See this proved upon him, Pref. to Jus Anglorum.  Yet, I dare say, no Man of sense, who has read that Controversy, believes him. But were his Assertion true, it might be granted, that the Barons would have no more Personal Right to be of any Convention, upon the total Absence or Abdication of a King, than they would have of coming to Parliament without his Writ. Yet since the Right of the People in Person or Representation, is indubitable in such a Case, what hinders the Validity of the late Choice, considering how many Elections of Kings we have had, and that never by the People diffusively since the first Institution of the Government? And the Representations agreed on (tho' I take them to be earlier settled for Cities and Burrow, than for the Freeholders in the Counties) yet have ever since their respective Settlements been in the same manner as now; at least, none have, since the first Institution, ever come in their own Persons, or been Electors, but what are present, personally or representatively, and their own Consent takes away all pretence of Error.  
If it be said, That they ought to have been summoned Forty days before the Assembly held; That is only a Privilege from the King, which they may wave, and have more than once consented to be represented upon less than Forty days Summons. Mr. Prynne gives several 
Prynne's Animadversions on 4 Inst. f. 10.  Instances, as 49 H. 3. 4 E. 3. 1 H. 4. 28 Eliz. and says, he omits other Precedents of Parliaments summoned within Forty days after the Writs of Summons bear date, upon extraordinary Occasions of Public Safety and Concernment, which could not conveniently admit so long delay. And Sir Robert Cotton, being a strict Adherer to Form, upon an Emergency 
Vid. Rushw. 1 vol. f. 470. 3 Car. ●.  advised, That the Writs should be antedated: which Trick could make no real difference. To say, however, there ought to have been a Summons from or in the Name of a King in being, is absurd; it being for the Exercise of a Lawful Power, which, unless my Authorities fail, the People had without a King, or even against the Consent of one in being.  
Besides, it appears, That such Summons have not been essential to the Great Councils of the Nation. Tacitus shows, That the Germans, 
Tacit. de Moribus German. Coeunt nisi quid fortuitum & subitum certis diebus, etc. V. Leges S. Ed. tit. Greve. In capite Kal. Maii. Jus Angl. c. 7. Vid. sup.  from whom we descend, had theirs at certain Days, unless when some extraordinary Matter happened. And by the Confessor's Laws, received by W. 1. and continued downwards by the Coronation-Oaths required, to this very day, the general Folcmot ought to be held annually, without any formal Summons, upon May-day.  
And the Statute 16 Car. 1. which our rigid formalists must own to be in force, has wholly taken away the necessity of Writs of Summons from a King.  
The Assembly of Lords and Commons held Anno 1660. was summoned 
12 Car. 2. c. 1.  by the Keepers of the Liberties of England, not by the King's Writs; yet when they came to act in conjunction with the King, they declare, enact, and adjudge, (where the Statute is manifestly declaratory of what was Law before) That the Lords and Commons then sitting, are and shall be the Two Houses of Parliament, notwithstanding any want of the King's Writ or Writs of Summons, or any defect or alteration of or in any Writ of Summons, etc.  
Tho' this seems parallel to the present Case, yet in truth ours is the strongest: For the King then having been only King de jure, no Authority could be received from him, nor could any Act of his be regarded in Law, through defect either of Jurisdiction or Proof, if not both: Accordingly, as not only the Reason of the thing, but the Lord Coke shows, a Pardon from one barely King de jure, is of no force. 
3 Inst. f. 7. sup. in Marg.  Besides, the Keepers were an upstart Power, imposing themselves upon the People without any formal Consent, at least not so fully received to the public Administration as our present King was, who at the Request of a very large Representative of the People, pursued the late Method of calling a more Solemn Assembly. If that Anno 1660. had Power, acting with the King, to declare itself a Parliament; why had not this, in defect of a King, to declare or choose one?  
Sure I am, prudent Antiquity regarded not so much the Person calling, or the End for which a General Council was called, as who were present; that Notice which they complied with, being always sufficiently formal.  
Wherefore a General Ecclesiastical Council being summoned in the Reign 
Anno 1127. Vid. Spelm. Con. 2. vol. f. 1. De modo habendi Synodos in Angliâ primaevis temporibus.  of H. 1. by William Archb. of Canterb. thither, according to the known Law of those Times, the Laity came: I cannot say, they sat there; for the Numbers were so great, as they commonly were at such Assemblies before the Freeholders' agreed to Representations, that happy was the Man, whatever his Quality, who could have a convenient Standing. After the Ecclesiastical Matters were over in the Council I 
Vid. Jan. Ang. fac. nov. and Jus Angl. Flor. Wigorn. f. 663. Confluxerant quoque illuc magnae multitudines Clericorum, Laicorum, tam divitum, quam mediocrum & factus est conventus grandis & inestimabilis. Quaedam determinata, quaedam dilata, quaedam propter nimium aestuantis turbae tumultum ab audientiâ judicantium profliga●a, etc. Rex igitur cum inter haec Londoniae moraretur auditis concilii gestis consensum praebuit & confirmavit Statuta concilii a Willielmo Cant. etc. celebrati.  now speak of, they fell upon Secular: Some they determined, some they adjourned, some the Judges of the Poll or Voices could make nothing of, by reason of the great Crowd and Din. And when the King heard their Determinations, and confirmed them, they had full Legal Force.  
But had there been no Warrant from former Times, for the late manner of Proceeding, the People of Legal Interests in the Government having been restored to their Original Right, who can doubt, but they had an absolute Power over Forms?  
That they were not called to a Parliament, I hope will not be an Objection, since the Word is much less ancient than such Assemblies: And since the Cives, the Common Subject of the National Power, have 
Vid. sup.  made their Determination, this, according to that Positive Law which I have shown above, aught to quiet the Debate, and command a Submission: And yet were there not positive Law on their side, the equitable Reservations before observed might be sufficient Warrant.  
Nor is the Civil Law wanting to enforce this Matter.  
One Barbarius, a runaway Servant, not known to be so, got in favour with Anthony at the time of the Triumvirate, and by his means came to be Praetor; upon this a great Question arose, Whether what he did, or was done before him during his Praetorship, were valid? Ulpian decides in the affirmative; and Hottoman upon that Question says," The Suffrages of the People have the force of a 
Hottom. Illust. Quaest. 17.  Law.  
The Reasons given for the Resolution, as they are in Gotofred, who best reconciles the various Readins, will greatly strengthen our Case.  
He tells us, That tho' the Question there is only concerning a Servant, 
Gotofredus de Electione Magistratû inhabilis per errorem factâ, p. 6.  the Reason of it reaches to Emperors, and all Secular and Ecclesiastical Dignities. The Reasons why Ulpian holds the Acts of such good, are,  
1. In regard of Common Utility, and the Inconvenience it would be to those who had business before him, if it were otherwise.  
2. From the Power of the People to give a Servant this Honour. Gotofred thinks, If this may be done with certain knowledge that he was a Servant, much more if through mistake; for if the People, who have the Supreme Power, may with certain knowledge, for the sake of the Public Good, not only design a Servant for Praetor, but in this Case, by a just Election, take a Servant away from his Master; how much more may it be done as in the Case propounded, not to make a Servant wholly a true Praetor, not to take him from his Master; but only by a commodious Interpretation, to have what is done by him, or with him, sustained; and that so long the Error of the People, and Servitude of the Person chosen, should not prejudice what is done?  
Gotofred goes yet further, and says, Magistrates and Judges constituted by Tyrants, the Manner of Judgements being kept, and things 
Gotofred sup. p. 23.  done according to Form of Law, or transacted according to their Wills, have been held good. And yet in this Case the Defect seems greater, being the Power is collated by one inhabil, and so a substantial 
sponte transacta.  Form is wanting: Wherefore in this part there seems no difference between the inability of the Elector, or the Elected.  
And if ever the Common Utility or Public Good, might warrant Actions out of the common Course, certainly this could never have been pleaded more forcibly than in the Case of this Nation; which, unless it had declared for King WILLIAM and Queen MARY (which they did in the most regular way that the Nature of the Thing would bear) had in all likelihood, by French Forces, by this time been reduced to the miserable Condition of the poor Protestants in Ireland, who are by no means beholden to the nice Observers of unnecessary, and impracticable Forms.  
I cannot think that I have followed Truth too nigh at the Heels for 
Conclusion.  my Safety in the present Government, which I take to be built upon this stable Foundation; and that Protestant fond flatters himself, who thinks to retain his Religion and Security upon any Terms, at a return of the former, which some, who were Instruments in setting up this, seem madly to contend for. But could Men hope to find their private Accounts in such a Change, yet surely the dismal Prospect of Common Calamities to ensue, should induce them to sacrifice such low Ends to the Interest of their Religion and their Country.  
I am not sensible that I have misrepresented any Fact or Authority, tho' I have not urged them with that strength which might have been by a better Pen. Perhaps what I have offered may give another Notion of the Succession, than what many have imbibed, who will think I violate what is Sacred. I have not urged the Illegitimation of the Children of E. 4. by Richard the Third's Parliament, because, tho' he was a King de facto, if the Character fixed on him be true, he was a Tyrant, as well as Usurper upon the innocent Prince E. 5. in whose Name he first took the Government upon him, and either terrified or cheated the People into a Compliance with his Pretences.  
Tho' I have not the vanity to believe, that any thing of my own can weigh with them who have thought otherwise before; especially if they have listed themselves on a Side contrary to that, which no Disadvantages can make me repent of: Yet I cannot but hope, that the Authorities which I have produced, will occasion some Consideration, till they are either evaded, or disproven. And being all Legal Objections are answered, nor can any Scruple of Conscience be here pretended, without, much less against Law; What hinders, but that we should exert our utmost, in the Service of that Lawful Government from which we receive Protection, and may expect Rewards for Virtue, at least the Defence of it, if we do not strengthen the Hands of them who have hitherto made that the greatest Crime? Wherefore, for us now to look back, after we have set our Hands to the Plough, would be not only to distrust that Providence which has given such a wonderful Encouragement to Perseverance; but were enough to tarnish all our Actions with the Imputation of making the Public Interest a Pretence for carrying on our own. 'Tis an happiness indeed when they are twisted and thrive together: But the Cause is such as a Man ought not to fear to die, nay, to starve for it. And how improsperous soever a Man's Endeavours for this may prove, yet it may be a Comfort to have sown that Seed which may grow up for the Benefit of future Ages. Nor ought he to repine, because another Man hath gilded over his Name by what he has got by the Ruin of his Country, or may have insinuated himself again into Opportunities to betray it: Let it be enough for him, how much soever slighted and contemned while he lives, to embalm his Memory, by a steadiness to Truth, and the Interest of his Country, not to be shaken by cross Accidents to himself, or the Public Cause. Let him still act uniformly, while others live in perpetual Contradictions or Varieties; their Actions and their Principles thwarting themselves, or each other, or varying with the State-Weathercocks. Let them violate the Laws, out of Loyalty; unchurch all Protestant Churches but their own, out of Zeal against Popery; narrow the Terms of Communion, to spread the National Religion; confine all Advantages to that Communion, for the Public Good; make their King the Head of a Party, to strengthen his Hands against his Enemies; deliver up Charters, and retake them gelt of their Noblest Privileges, in performance of their Oaths to preserve them; fight against their King, and yet urge the Obligation of Oaths requiring an unalterable Allegiance to his Person; assert that the Power is inseparable from him, and yet may in his absence, without his Consent, be transferred to a Regent, not to be reassumed when he should think fit to return; grant that he has broken the Contract, yet contend that he retains that Power which he received from the Contract; or that, tho' the Contract is broken, the Throne is not vacant; or, if it be vacant, yet an Heir has a Right; and so it is vacant, and not vacant, at the same time: Or that after one has broken a Condition, upon which he took an Estate to himself and his Heirs in Fee-simple or Tail, another shall enjoy it as Heir to him, and that in his Life-time; invite a Deliverer, yet reject the Deliverance.  
Upon such Principles as these, I find an eminent English Prelate censured 
Letter to B. L.  as a Deserter of his Church, for going about, according to his great Learning, to justify the Oaths taken to the present Government: And thus the Cause of J. 2. is made the Cause of the Church of England. Certain it is, whatever is now pretended, 'tis more difficult to justify the taking up, or promoting Arms against a Deliverer, than an Oppressor. And if Arms against the last were lawful, even with the Prospect of involving Thousands in the Miseries of War; much more are they, in Defence of that Power which has restored those Liberties which the other invaded, and reassured the Public Peace. And whoever first engaged, and now draw back, not only brand themselves for Traitors, but make it evident, that Ambition, Revenge, or some ungenerous Design, animated their Undertake. And as I doubt not but they will meet with their due Reward; perhaps that Success which Nostredamus and others foretell to our present King, may go further with such Men, to keep them to their Duty, than the most demonstrative Proofs of Right, which they generally measure by the Event. And as no Cause or Action is Just in their Eyes, which is not Prosperous; they, in the Language of the Poet, are always on the Side of 
Victrix causa Diis placuit, sed victa Catoni.  the Gods: But few are in this Point such Philosophers as Cato.   


REMARKABLE PREDICTIONS OF Nostredamus.   

Nostredamus.  

GAnd & Bruxelles marcheront contre Anvers,  
Senat de Londres mettront a mort leur Roy: 
Cent. 9 49.   
Le Sel & Vin luy seront a l' envers,  
Pour eux avoir le Regne au desarroy.   

Le Sang du Just a Londres fera faute,  
Bruslez par foudres de vingt trois les six: 
Cent. 2. 51.   
Lafoy Dame antique cherra de place haute,  
De mesme secte plusieurs seront occis.   

Le grande Peste de cité maritime,  
Ne cessera que Mort ne soit vengée, 
Cent. 2. 53.   
Du just sang par prix damné (fans crime,  
De la grand Dame par feinte n'outragée.   

Du Regne Anglois le digne dechasse,  
Le Conseiller par ire mis a feu, 
Cent. 3. 80. last Edit. 1682.   
Sesse adherans iront si bas tracer,  
Que le Bastard sera demy receu.   

Les deux malins de Scorpion conjoincts  
Le grand Seigneur meurdry dedans sa salle, 
Cent. 1. 52.   
Peste a l' Eglise par le nouveau joinct,  
L' Europe base, & Septentrionale.   

La saeur aisnée de l' Isle Britanniqne,  
Quinze ans devant le frere aura naissance; 
Cent. 4. 96.   
Par son promise moyennant verifique,  
Succedera au Regne de Balance.   

Un Prince Anglois Mars a son coeur du Ciel,  
Voudra pour suiure sa fortune prosper: 
Cent. 3. 16.   
Des deux duelles l' un percera le fiel,  
Hay de luy, bien aymé de sa Mere.   

De l' Aquilon les efforts seront grands,  
Sur l' Ocean sera la Porte ouverte, 
Cent. 2. 68   
Le Regne en l' Isle sera reintegrand,  
Tremblera Londres par voile discoverte.   

L' Occident libre les Isles Britanniques  
Le recogneu passer le bas, puis haut, 
Taken out of the 12th. and added to the 7th. Cent. 80. last Ed. par plui.   
Ne content triste Rebel corss Escotiques  
Puis rebeller par plus & par nuict chaut.   

La stratagemé simulte sera rare  
La mort en voye rebelle par contrée: 
82.   
Par le retour du Voyage Barbare  
Exalteront la Protestant entry.   

Veut chaut, conseil, pleurs, timidité,  
De nuict assailly sans les arms: 
83.   
D' oppression grand calamité,  
L' Epithalame converty pleurs & larmes.   

Le chef de Londres par Regne l' Americh  
L' Isle d' Escosse tempiera par gelée: 
〈◊〉 10. 66.   
Roy Reb. auront un si faux Antechrist,  
Que les mettra trestous dans la meslée.   

Dedans les Isles si horrible tumult  
Rien on n'orra qu'une bellique brigue, 
Cent. 2. 100   
Tant grand sera des predateurs l' Insult,  
Qu'on se viendra ranger a la grand ligue.   

La Cité franche de liberté fait serve,  
Des proffligez & resueurs fait asyle. 
Cent. 4. 16.   
Le Roy changé a eux non si proterue,  
De cent seront devenus plus de Mille.   

Norvege & Dace, & l' Isle Britannique,  
Par les unis Freres seront vexees: 
〈◊〉 6. 7.   
Le chef Romain Issu du sang Gallique,  
Et les Copies aux forests repousees.   

Prelate Royal son baissant trop tiré,  
Grand Flux de Sang sortira par sa bouche, 
〈◊〉. 10. 56.   
Le Regne Anglique par Regne respire,  
Long temps mort vif en Tunis comme souche.   

Trente de Londres secret conjureront,  
Country leur Roy, sur le pont l' Enterprise: 
Cent. 4. 89.   
Luy Satellites la mort desgouteront.  
Un Roy esleu blond & natif de Freeze.   

Le blond du nez forche viendra commetre, 
Cent. 2. 67.   
Par le Duel & chassera dehors:  
Les Exiles dedans fera remettre,  
Aux lieux marins commettans les plus forts.   

Celuy qui la Principauté,  
Tiendra par grande cruauté, 
Prophecies at the end 5.   
A la fin verra grand Phalange,  
Par coup de feu tres dangereux.  
Par accord pourroit faire mieux,  
Autrement boira Suc d' Orange.   

Un dubieux ne viendra loing du regne,  
La plus grand part le voudra soustenir, 
Cent. 6. 13.   
Un Capitole ne voudra point quill regne,  
Sa grande chare ne pourra maintenir.   

Regne en querelle aux fieres devisé,  
Prendre les arms & le nom Britannique, 
Cent. 8. 58.   
Tiltre Anglican sera tard advice,  
Surprins de nuit, mener a l' air Gallique.   

Le Successeur vengera son Beau-frere,  
Occuper Regne souz ombre de vengeance, 
Cent. 10. 26.   
Occis obstacle son sang mort vitupere,  
Long temps Bretagne tiendra avec la France.   

De Dueil mourra l' infelix profligé,  
Celebrera son victrix l' Hecatomb, 
Cent. 5. 18.   
Pristine Loy franc Edict redigé,  
Le Mur & Prince septiesme ibur au tombe.   

Le gros Mastin dé Cité dechasfé,  
Sera fasché de l' estrange Alliance, 
Cent. 5. 4.   
Apres aux Champs avoir le Cerf chassé,  
Le Loup & l' Ours se donront defiance.   

Le Grand Bretagne comprise d' Angleterre,  
Viendra par eaux si haut innonder, 
Cent. 30. 70.   
La Ligue neve d' Ausone fera guerre,  
Que contre se viendront bander.   

De plus grand perte novelles rapportées, 
Cent. 4. 13.   
Le raport fait le camp s'estonnera,  
Bands unies encontre revoltées,  
Double Phalange, grand abandonnera.   

La grand Copie qui sera dechassée,  
Dans un moment fera besoign au Roy, 
Cent. 4. 22.   
La Foy promise de loing ser fausée  
Nud se verra en piteux desarroy.   

Pressed a combattre fera defection,  
Chef Adversaire obtiendra la victoire, 
Cent. 4. 75.   
L' arriere garde fera defension  
Les defaillans morts au blanc terretoire. 
Albion.    

L' Armée de Mer devant Cité tiendra, 
Cent. 10. 68   
Puis partira sans faire longue allée,  
Citoyens grande proye en Terre prendra,  
Returner class reprendre grand emblée.   

La gent esclave par un heur Martial,  
Viendra en haut degré tant esleuée, 
Cent. 5. 26.   
Changeront Prince, naistra un Provincial,  
Passer la Mer, copy aux Monts leuée.   

Les Exiles, par ire, haine intestine,  
Feront au Roy grand Conjuration: 
Cent. 1. 13.   
Secret mettront ennemis par la mine  
Et les vieux scions, contre eux Sedition.   

Le Lyon jeune le vieux surmontera, 
Cent. 1. 35.   
En champ bellique par singulier Duelle,  
Dans cage d' or les yeux luy crevera,  
Deux playes une puis mourir mort cruelle.   

Pres d' un grand Pont de plaine spatieuse, 
Cent. 1. 33.   
Le grand Lyon par forces Cesarées,  
Fera abatre hors Cité rigoureuse,  
Par effroy partes luy seront reserrées.   

Le grand Neptune du profond de la Mer, 
Cent. 2. 78.   
De sang Punic & sang Gaulois meslé:  
Les Isles a sang pour tardif ramer,  
Plus luy nuira que l'occult mal celé.   

Des condamnez sera faict un grand nombre,  
Quand les Monarques seront consiliez; 
Cent. 2. 38.   
Mais l'un d'eux viendra si mal encumber,  
Que guere ensemble ne seront raliez.   

Un jour seront d'amis les deux grands Mistress,  
Leur grand pouvoir se verra augmenté, 
Cent. 2. 89.   
La Terre neuve sera en ses hauts estres,  
Au sanguinaire le nombre raconté.   

Romain pouvoir sera du tout abas,  
Son grand Voisin imiter les vestiges, 
Cent. 3. 63.   
Occultes haines civiles, & debates  
Retarderont aux boufons leur follies.   

Apres viendra des extremes Contrées,  
Prince german dessus Throsne d' Oré, 
Cent. 2. 87.   
La Servitude & les Eaux rencontrées,  
La Dame serve son temps plus n'adoré.   

Milan, Ferrare, Turin, & Aquileye,  
Capne, Brundis, vexez par gent Celtique, 
Cent. 5. 99   
Par le Lion & Phalange Aquilée,  
Quand Rome aura le Chef vieux Britannique.   

Le grand Celtique entrera dedans Rome,  
Menant amas d'exilez & bannis, 
Cent. 6. 28.   
Le grand Pasteur mettra a mort tout homme,  
Qui pour le Coq estoient aux Alps unis.   

De sang Trojen naistra coeur Germanic,  
Qui de viendra en si haute puissance, 
Cent. 5. 24. alias 74.   
Horse chassera gent estrange Arabic,  
Tornant l' Eglise en pristine preeminence.   

L' An que Saturn horse de Servage,  
Au franc terroir sera d' eau mondé. 
Cent 5. 87.   
De sang Troyen sera son marriage,  
Et sera seur d' Espagnols circondé.   

Les second Chef du Regne Dannemark,  
Par ceux de Freeze & l' Isle Britannique, 
Cent. 6. 41.   
Fera despendre plus de cent mille marc,  
Vain expoicter Voyage en Italique.   

Dresser Copy pour monter a l' Empire, 
Cent. 6. 12.   
Du Vatican le sang Royal tiendra,  
Flamens, Anglois, Espagne aspire,  
Country l' Italy & France contendra.   

Long temps sera sans estre habitée, 
Cent. 6. 43.   
Ou Siene & Marne au tour vient arrousser, 
Paris.   
De la Thamise & Martiaux tentée,  
De ceus les gardes en cui daunt repousser.   

Bourdeaux, Roüen, & la Rochel joints,  
Tiendront autour la grand Mere ocean, 
Cent. 3. 9   
Anglois-Bretons, & les Flamans conjoints,  
Les chasseront jusque aupres de Rovane.   

Du plus profond de l' Occident Anglois,  
Ou est le chef de l' Isle Britanique, 
Cent. 5. 34.   
Entrera class en Gyronde par Blois, 
Last Ed. Blaye.   
Par Vin & Sel feux cachez aux barriques'.   

L' Entrée de Blaye par Rochel & l' Anglois,  
Passera outre le grand Aemathien: 
Cent. 9 38.   
Non loing d' Again attendra le Gaulois,  
Secours Narbonne deceu par entretien.   

L' Aemathien passer Monts Pyreneés, 
Cent. 9 64.   
En Mars Norbone ne fera resistance,  
Par Mere & Terre fera si grand menée,  
Cap n'ayant Terre secure pour demeurance.   

Le grand conflict qu'on apreste a Nancy, 
Cent. 10. 7.   
L' Aemathien dira tout je submets,  
L' Isle Britanne par Sel en Solcy,  
Hem. mi. deuz. Phi. long temps tiendra Mets.   

La grand Empire sera tost translaté  
En lieu petit qui bien tost viendra croistre, 
Cent. 1. 32.   
Lieu bien infime d' exigue Comté  
Ou au milieu viendra poser son Sceptre.   

Le grand Empire sera par l' Angleterre, 
Cent. 1. 100   
Le Pempotam des ans plus de trois cens,  
Grandes copies passer par Mer & Terre,  
Les Lusitains n'en seront pas contens.   

Euge Tamins, Gironde & la Rochel, 
Cent. 2. 61.   
O sang Trojen mort au Port de la flesche:  
Derrier le Fleuve au Fort mice l' eschelle, 
Vid. Cent. 5. 34.   
Pointes feu, grand meurtre sur la bresche.   

Roman Pontife garde de t' aprocher, 
Cent. 2. 97.   
De la Cité que deux Fleuves arrouse:  
Tun sang viendra aupres de la cracher, 
Vid. Cent. 6. 43.   
Toy & les tiens quand fleurira la Rose.   

Regne Gaulois tu seras bien changé  
En lieu estrange est translaté l' Empire, 
Cent. 3. 49.   
En autres moeurs & Lois seras rangé,  
Rouen & Chartres te feront bien du pire.   

Quand le plus grand emportera le prix, 
Cent. 5. 43. Louis le Grand.   
De Nuremberg d' Ausbourg, & ceux de Basle:  
Par Agrippine Chef de Frankfort repris,  
Traverseront par Flanders jusqu'en Gale.   

Les long cheveux de la Gaul Celtique, 
Cent. 3. 83.   
Accompagnez d' Estranges Nations,  
Mettront captif l' Agent Aquitanique,  
Pour succomber a leurs intentions.   

Fleuve qu'esproune le nouveau nay Celtique,  
Sera en grande de l' Empire discord: 
Cent. 6. 3.   
Le jeune Prince par gent Ecclesiastic,  
Le Sceptre osté Corona de Concord.   

Fleuve Celtique changera de Rivage,  
Plus ne tiendra la Cite d' Agripine 
Cent. 6. 4.   
Tout transmué ormis le viel Language,  
Saturn, Leo, Mars, Cancer, en rapine.   

En grande regret sera la gent Gauloise,  
Coeur vain, leger croira temerité, 
Cent. 7. 34.   
Pain, Sel, ne Vin, Eau, venin ne Cervoise,  
Plus gran captif, faim, froid, necessité.   

Des gens d' Eglise sang sera espanché,  
Comme de l' eau en si grande abondance, 
Cent. 8. 98.   
Et d' un long-temps ne sera restranché,  
Veve au Clerc, ruin & doleance.   

Le Roy voudra dan cité nefve entrer,  
Par ennemis expugner l' on viendra: 
Cent. 9 92.   
Captif libere faulx dire & perpetrer,  
Roy de hors estre, loin d' ennemis tiendra.   

Pour ne vouloir consentir au devorce,  
Qui puis apres sera cogneu indigne: 
Cent. 10. 22.   
Le Roy des Isles sera chassé par force,  
Mis a son lieu qui de Roy n' aura sign.   

Tant attendu ne reviendra jamais,  
Dedans l' Europe, en Asie apparoistra: 
Cent. 10. 75.   
Un de la ligue yssu du grand Hermes,  
Et sur tous Roys des Orients croistra.   

Comme un Cryphon viendra le Roy d' Europe,  
Accompagne de ceux d' Aquilon: 
Cent. 10. 86.   
De rogues & blancs conduira grand troppe,  
Et iront contre le Roy de Babylon.    

Nostredamus.  

BRusles and Gand 'gainst Antwerp Forces bring; 
Cent. 9 49.   
And London's Senate put to Death their King.  
The Salt and Wine not able to prevent 
France.   
That Warlike Kingdom's universal Rent.   

The Blood o' th' Just burnt London rues full sore, 
Cent. 2. 51.   
When to thrice Twenty, you shall add Six more. 
Anno 1666.   
The Ancient Dame shall fall from her high Place, 
St. Paul ' s.   
And the like Mischief others shall deface. 
Other Churches.    

From the Sea-Town the Plague shall not retire, 
Cent. 2. 53.   
Until the Vengeance of that Blood by Fire. 
The Plague not to cease till the Fire.   
The Just condemned on Accusations feigned,  
And the Great Dame by impious Men profaned.   

The Worthy Banished from the English Realm, 
Cent. 3. 80. Ed. 1672. 82.   
Anger shall burn in those that sit at Helm.  
Th' Adherents shall become so tame, so grieved,  
The Bastard shall at least be half Received. 
Monmouth.    

When the two Scorpionists conjoined shall be, 
Cent. 1. 52.   
The Great Turk murdered in his Hall you'll see.  
A King new-joined the Church's Plague shall prove; 
J. 2. born under Scorpio. Q. the Nativity of his Brother of France.   
And Europe low, t' a Northern Corner move.   

The Eldest Sister born to th' British Throne, 
Cent. 4. 96.   
Full Fifteen Years before a Brother known: 
The D. of Cambridge, born 15 years after the Princess of Orange. England counted the Balance of Europe.   
Possessed of the large Promises of Fate,  
Takes the Succession to the Ballance-State.   

An English Prince Heaven did with Heart endue, 
Cent. 3. 16.   
Shall come his prosperous Fortune to pursue: 
The Prince of Orange English by his Mother Sister to J. 2.   
Who had his Mother's Love, although his Hate,  
I' th' second Combat from him takes his Fate.   

The Efforts from the North shall mighty be, 
Cent. 2. 68   
And the Port open as they pass the Sea:  
The Kingdom in the Isle again prevails; 
Viz. The Liberties of the Kingdom.   
And London trembles at discovered Sails.   

The West shall the Britannic Islands free: 
Added to the Twelfth Cent. Stan. 80.   
The Recognised from Low takes High Degree.  
Scotch discontented Pirates shall Rebel, 
From a Prince becomes a King.   
In a hot Night, when Rains the Waters swell.   

See a strange Stratagem! The Rebel's Death 
Ibid. 82.   
By Contraries gives to their Cause new Breath: 
The second Landing in the West.   
By barbarous Voyage back again it spreads, 
He being a Romanist, calls it so.   
The Protestants at th' Entry raise their Heads.   

Hot Wind, cold Counsels, Weeping, Panick-Fear, 
Ibid. 83.   
Assault by Night in Bed, no Army near; 
A lively Description of the State of our Court.   
Oppression great Calamity does raise:  
Fears and Alarms transform the Bridal-days.   

The Chief of London by Americ Reign, 
Cent. 10. 66.   
Shall of a nipping Scottish Frost complain. 
The Commentator renders this a Reign of Confusion.   
King, Reb. so false an Antichrist shall have,  
As shall occasion Victims for the Grave.   

Within the Isles shall mighty Tumults come, 
Cent. 2. 100   
All Music yielding to the Martial Drum.  
Th' Assailants shall such a brisk Onset make,  
That all to the Great League themselves betake. 
All join in the Association.    

The City made a Slave, of one so Free, 
Cent. 4. 16.   
Shall the Assylum of the Banished be.  
The King would gladly change his froward Mind, 
The King seeing the Numbers increase, would repent too late.   
When he 100 shall 1000 find.   

Norway and Dacia, with the British Shore, 
Cent. 6. 7.   
Shall the United Brothers vex full sore. 
The United Provinces vex Denmark & England, or the Governor there, of the Romish Religion, and French Blood by his Mother.   
The Roman Chief, proceeding from French Blood,  
Shall have his Forces driven to the Wood   

The Royal Churchman bowing's Head too low, 
Cent. 10. 56.   
A Bloody Torrent from his Mouth shall flow. 
J. 2. of the Order of the Jesuits.   
The English Realm by' nother Realm respires; 
Another Realm or Government rescues England.   
From Death in Slavery, that, Life, inspires. 
Vid. Usher 's Antiqu. Brit. f. 〈◊〉. citing Merlin, Gallica quem gignet, qui gazis regna replebit, Oh dolour, oh gemitus! fratris ab ense cadet.    

Thirty on London-bridge seek the King's Death; 
Cent. 4. 89.   
The Guards shall make him pine away his Breath. 
Luy mort desgouteront distillabunt; shall occasion his Death drop by drop. Blonde is most commonly rendered Fair, but may be taken for any Complexion departing from Black.   
This Scene of Things removed, a brown-haired King  
Shall there be chose, who did from Frtezland spring.   

The Brown-haired coming with Hawk-nose to Fight, 
Cent. 2. 67.   
Shall put his baffled Enemy to flight;  
The Exiles to the Land he shall restore,  
Placing the Stoutest of them next the Shore.   

He who the Principality shall hold, 
Prophecies at the end 5.   
By Cruelty indecent to be told,  
At last shall see a mighty Army ranged,  
And his Condition into dangerous changed.  
'Twere better fairly to agree the Thing, 
Who in danger of drinking the Juice of Orange?   
Lest him to's Fate the Juice of Orange bring.   

One dubious, not from far, shall come to Reign; 
Cent. 6. 13.   
The greater Party shall his Side sustain: 
Doubtful what Title to take.   
This by the Great One, tho' it be withstood, 
The King can't justify the Babe.   
He can't maintain the Title of his Blood.   

A Kingdom betwixt Brothers in Contest; 
Cent. 8. 58.   
With whom the British Arms and Name should rest:  
The English Title shall be late advised,  
Into French Air see one by Night surprised. 
The Babe sent to France.    

The Successor avenged of's Brother'n Law, 
Cent. 10. 26.   
Whom that Pretence to take the Crown did draw, 
The Occasion of taking the Crown of England.   
The Obstacle being slain, his Blood shall slight;  
Britain shall long with treacherous France unite.   

Th' Unhappy driven away, for Grief shall die; 
Cent. 5. 18.   
A Woman celebrates the Victory. 
V. Cent. 2. 63. speaking of France and Germany, Qui le Grand mur, etc.   
The Ancient Law and Edict Freedom have,  
The Wall and the seventh Prince shall find a Grave. 
J. 2. of Scotland the Seventh.    

The City the great Mastiff forced to leave,  
Shall at the wonderful Alliance grieve; 
Cent. 3. 70.  
The Mastiff an Emblem of England.   
Tho' he has made the timorous Hart to fly,  
The Wolf and Bear shall yet his Power defy.   

Great Britain as comprised in England known, 
Cent. 3 70.   
Shall with an Inundation be o'reflown; 
The Landing of Forces may answer this. Ausonium, Ausburg.   
The New Ausonian League shall offer War,  
To all that to unite against it dare.   

While through the Camp the mighty Losses ring, 
Cent. 4. 13.   
The News shall Terror to the Soldiers bring:  
Into Revolt whole Troops and Squadrons run;  
The Great One leaves them, seeing he's undone.   

The King shall find the Want approaching near 
Cent. 4. 42.   
Of all the Forces which he did cashier. 
The Officers disbanded after the routing of Monmouth.   
The Faith shall fail which long had promised been;  
Forsaken and distressed he shall be seen.   

Just upon Fight shall Defection be; 
Cent. 4. 75.   
The Adverse Chief obtains the Victory:  
The Rere-Guard stand: Death follows them that run:  
In the White Territory this is done. 
Albion, England.    

The City shall the Naval Force obey, 
Cent. 10. 68   
That shall return after a little stay.  
The Citizens a Prize at Land shall gain; 
Viz. Their Liberties. Forces sent to Holland.   
The Fleet for a new Lading comes again.   

A Land enslaved shall in a Martial Hour 
Cent. 5. 26.   
See its self raised to high Degree of Power;  
Their Prince they'll change, and a Provincial mounts,  
Passing the Seas with Forces raised near Monts. 
Aux Monts.    

Exiles by Hatred and intestine Ire,  
Against their King successfully conspire: 
Cent. 1. 13.   
The Foes in secret carry on the Mine,  
And his old Friends help forward the Design.   

The Elder Lion to the Young shall yield, 
Cent. 1. 35.   
By single Duel in the Martial Field; 
English and Begick Lion.   
He in a Golden Cage shall lose his Eyes:  
Two Navies; one shall cruel Death surprise.   

Near to the Bridge, upon a spacious Plain, 
Cent. 1. 33   
The Lion shall Caesarian Force maintain;  
Their Pride without the City he'll abate;  
Himself brought in with Crowds within the Gate.   

To the great Neptune of the spacious Sea, 
Cent. 2. 78.   
In whom French Blood and Punic Faith agree, 
The King of England shall find his Designs fatal to himself.   
To try at last in Blood the Isles to drown;  
More hurt than from the secret Ill is known.   

Of the Condemned shall be a dismal Sight, 
Cent, 2. 38.   
When in the same Design Monarches unite. 
England and France.   
One shall be so encumbered in's Affairs,  
They shan't be able to be joined in Wars.   

One day the two Grear Masters shall combine, 
Cent. 2. 89.   
And find themselves advanced in their Design: 
England and France.   
The New Land to its Altitude shall rise, 
As its State new.   
The Number shall the Bloody-one surprise. 
The King of France.    

The Roman Power shall kiss the lowly Ground, 
Cent. 3. 63.   
And its Great Neighbour the like Chance confound. 
Rome and France.   
Secret Debates, and Civil Discords, soon  
Shall stop the Follies of the poor Buffoon.   

After a Germane Prince does come from far, 
Cent. 2. 87.   
Carried aloft upon a Golden Car, 
The Prince of Orange is of Germane Extraction.   
With Servitude and Waters in his Way:  
The Dame shall serve, and none her Power obey. 
The Whore of Babylon.    

Milan, Ferrare, Turin, and Aquilee, 
Cent. 5. 99   
Capne and Brundis sorely vexed shall be,  
By th' Eagle, Lion, and the Celtiques joined, 
Germans, English, Dutch.   
And a Britannic Head Rome then shall find.   

The Celtique Hero with a great amass 
Cent. 6. 28.   
Of banished Worthies into Rome shall pass; 
Belgic.   
And the Great Pastor shall to Death consign 
The Pope.   
All nigh the Alps, who with the Cock shall join. 
The French.    

From Trojan Blood shall come a Germane Heart, 
Cent. 5. 24. alias 74.   
Who to so high Degree of Power shall start, 
The English reputed of Trojan blood, and London has been called Troynovant.   
That the Arabian Strangers he shall chase,  
And to the Church restore its pristine Grace.   

The Year that Saturn's out of Servitude, 
Cent. 5. 87.   
The Free Land shall be covered with a Flood: 
Vid. Partridge de Anno 1688.   
With Trojan Blood in marriage he's allied, 
The Sun now depressed by Saturn.   
And shall be safe with Spaniards on his Side.   

The second Chief of the rough Danish Soil, 
Cent. 6. 41.   
With those of Frieze, and the bold British Isle, 
Prince George, the Dutch, and English.   
Shall cause 100 000 Marks to be  
Spent in a Voyage into Italy.   

The Royal Blood shall Forces raise to gain 
Cent. 6. 12.   
Th' expected Empire of the Vatican:  
Flemings, and English, with the Spaniard joined,  
'Gainst Italy and France shall be combined.   

Long uninhabited shall be the Place 
Cent. 6. 43.   
Which Sein and Marne with watery Arms embrace: 
Paris.   
Assaulted by the Tbames, and Warriors bold;  
Their Force not by the Guard to be controlled.   

Bordeaux, Rouen, Rochel, joining all their Force, 
Cent. 3. 9   
Upon the spacious Ocean take their Course: 
A Sea-fight.   
The English-britans' and the Flemings joined, 
English and Flemings victorious over the French.   
Shall chase them up to Rouen as Clouds with Wind.   

From farthest Westward of the English Soil, 
Cent. 5. 34.   
Where is the Chief of the brave British Isle, 
It must needs be thought, that this relates to the Princes landing and stay in the West.   
A Fleet into the Garonne comes by Blay;  
France to hide Fire in Barrels, shall essay.   

Th' English shall pass by Rochel into Blay, 
Cent. 9 38.   
The Great Aemathien leading them the Way: 
Vid. Pref.   
Not far from Again he the French shall meet,  
The Help from Narboun fails them by deceit.   

Th' Aemathien o'er the Pyrenaeans goes, 
Cent. 9 64.   
Narboun in War dares not his Way oppose:  
By Sea and Land he with such Power shall ride,  
The Cap shall want a Place where to abide. 
The Jesuit.    

Near Nancy a most bloody Conflict see; 
Cent. 10. 7.   
Th' Aemathien says, All shall submit to Me.  
The British Isle by 
* France.  Salt and Wine in doubt;  
But Mets shan't long be able to hold out.   

A quick Translation of the Empire see: 
Cent. 1. 32.   
In a small Place the lofty Seat shall be.  
A Place inferior, of but mean Account,  
Into the middle shall its Sceptre mount.   

England of Power shall be the glorious Seat, 
Cent. 10. 100   
More than Three hundred Years continuing Great:  
Large Forces thence shall pass through Land and Seas,  
To the disquiet of the Portugees.   

Thames, Garone, Rochel, all engaged in War; 
Cent. 2. 61.   
Oh Trojan-Blood, your Arrows fatal are! 
Vid. Cent. 5. 34.   
The Scaling-Ladders shall the Fortress reach; 
The English Forces fatal to the French.   
Fire on the Bridge, and Slaughter in the Breach.   

Roman Highpriest! Take heed how you come nigh 
Cent. 2. 97.   
The City which two Rivers do supply: 
Seems to relate to Paris, vid. Cent. 6. yet may agree with London.   
The Blood of you and yours shall freely flow  
There, in the Season when the Roses blow.   

Great Changes France betid in luckless Hour, 
Cent. 3. 49.   
In a strange Place shall be the Seat of Power:  
Quite different Laws and Manners it must take;  
Part of its Mis'ry Rouen and Chartres make.   

When the Great Monarch bears away the Prize 
Cent. 3. 53.   
From those of Augsburg, and their firm Allies,  
Cologne the Chief of Frankfort shall retake:  
Their Way through Flanders into France they'll make.   

Tall Horsemen from the 
* Holland.  Celtique Gall shall ride, 
Cent. 3. 83.   
With Men of divers Nations on their side:  
Th' Agent for † Aquitain they will confine, 
Part of France. Is it a doubt who has been Agent for the French.   
To make him pliable to their Design.   

The River which does the young Celtique prove, 
Cent. 6. 3.   
Shall in the Empire mighty Discord move. 
The Rhine. First the Administration, than the Crown.   
For the young Prince the Clergy shall declare;  
He takes the Sceptre, and the Crown shall wear.   

The Celtique River shall new Channel take, 
Cent. 6. 4.   
Cologne its Out-bound shall no longer make: 
Cologne.   
Except the Ancient Language, all is new;  
Saturn, Mars, Leo, Cancer, Spoils pursue. 
Vid. Partridge of the Conjunctions, An. 1688.    

Great Disappointments shall the Frenchmen find;  
Their vain light Hearts puffed up with empty Wind: 
Cent. 7. 34.   
Salt, Wine, and Bread, Water and Beer shall fail;  
The Great one cold, and famished in a Gaol.   

The Blood of Churchmen shall be largely shed, 
Cent. 8. 98.   
And like a mighty River it shall spread:  
Long shall it be before the Slaughter ends:  
Woe to the Clerk; Ruin and Grief attends.   

They'd have the King by Force his Game retreive, 
Cent. 9 92.   
His Nephew since the Citizens receive: 
The Prince, Nephew to the K. as well as Son-in-law.   
The Prisoner now to talk and act is free;  
The King without keeps far from th' Enemy.   

The King o' th' Isles shall be driven out by force, 
Cent. 10. 22.   
For not consenting unto a Divorce,  
From what's soon owned unfitting to have been:  
One without Mark of King in's Place is seen. 
Aministrator first.    

Such Expectation never shall be known 
Cent. 10. 75.   
In Europe raised: Asia the Sight shall own.  
One of the League, of the Great Hermes' Line, 
The Ausburg League.   
In Glory shall the Eastern Kings outshine.   

The King of Europe with the Northern Flower, 
Cent. 10. 86.   
Shall like a Gryphon come in mighty Power;  
In Red and White a numerous Force shall lead,  
All joined against the Babylonish Head.     


Grebner.  
PEr idem tempus Rex quidam Borealis (nomine CAROLUS) MARIAM ex Papistica Religione sibi assumptam in Matrimonium conjunxerit ex quo evadet Regum infelicissimus. Unde populus ejus, ipso abdicato, Comitem quendam perantiquae Familiae regno praeponet, 
Nota, Abdicated.  qui tres annos, aut eo circiter durabit & hoc quoque remoto, Equitem quendam bellicosum in ejus locum assumet qui paulo ampliùs regnabit.  
Posthunc eliget nullum. Interea unus è stirpe Caroli in littore regni patris sui cum Gallicis, Suevicis, Danicis, Hollandicis, Burgundicis, & Germanicis, auxiliis stabit, omnes inimicos suos cruentissimo bello superabit, & postea Regnum suum felicissimè administrabit, eritque Carolo magno major.  
Sum Anglicus truculentus Leo, modo rugens, fremens, & immane saeviens, animosus, faelix, & Victoriosus contra omnes hostes; Patriae meae fideliter auxilio venio & praesidio, ac clementi meae Reginae asporto pretiosum cimelion Margaritam dictam, Belgicas, & Hispanicas dictiones, unde Regina mea tempore vitae suae certo magnificè & gloriosè Trumphat.  
Terra Jubila, Jubila, canta, & exulta quod vidisti exoptatum diem Ruinae & excidii Antichristi, quod ductu & auspicio faelici Anglorum, Gallorum, Danorum, Germanicorum, Scotorum, Suecorum, praesidio dextrae numinis altipotentis fiet.  
Europae labes & imbecilitas singulorum ejusdem Regnorum, sedem mirabiliter struet Quintae Monarchiae, quae sub tempus exitii Romani Imperii ad terrorem totius Mundi ex ruinis Germaniae refulgebit.  
Haec triennii spatio caetera Europae regna aut vi praedomitabit aut belli metu ad Societatem propellet, quo universalem Ligam & unionem omnium Protestantium efficiet.  
Hoc vexillum de fratribus quoque Uraniae Principis, & eorum posteris Illustrissimis intelligendum Leones nostri audaces in primâ acie fremunt unde nobis potentia crescit, & Gloria & Fama augescit.   

Grebner.  

TO CHARLES a Northern King much Woe 
Cited in the Northern Star, f. 25.  'twill breed,  
To marry MARY of the Romish Creed.  
The People casting off his luckless Sway,  
Shall of an Ancient House an Earl obey.  
Three Years, or thereabout, he them shall Head:  
Then shall a Warlike Knight come in his stead;  
He something longer shall maintain his Post;  
After him, Nol is chose to rule the Roast.   

Of Charles his Lineage there shall One arise,  
Who with French, Germans, Swedes, Danes, Dutch, Supplies,  
Upon the Shore of's Father's Realm shall Land,  
And Conquer all who dare his Arms withstand.  
With great Prosperity he long shall Reign,  
In Glory even surpassing Charlemagne.   

An English Roaring Lion am I found,  
My Rage and Courage with Successes Crowned:  
For Aid and Safeguard to my Country come:  
I to my Queen bring a rich Treasure home:  
Holland and Spain well called a Precious Stone,  
Whence shall my Queen enjoy a happy Throne.   

Rejoice, O Earth! Proclaim a Jubilee;  
For you the Fall of Antichrist shall see:  
With happy Conduct, in auspicious Hour,  
The English, French, Scotch, Swedish, Danish Flower,  
Shall cast her down by the Almighty's Power.   

The European Kingdoms in decay,  
The Scene of a Fifth-Monarchy shall lay:  
Which while the Roman Empire does decline,  
Out of the German-Ruins bright shall shine,  
And with its Lustre terrify the World,  
ere thrice the Sun has through its Houses whirled.  
This Europe's Kingdoms shall by Force subdue,  
Or drive to Friendship, while they War eschew;  
Whence shall an Universal League be made  
Of all the Protestants, for mutual Aid.   

Of th' Orange Family it shall be said,  
Our Belgic Lions shall the Army's Head,  
And with undaunted Courage Terror spread.  
Hence Glory, Power, and an unrivalled Fame,  
Shall to all Ages celebrate the Name.     


David Pareus.  
THere shall arise out of the Nation of the most Illustrious Lilies, having a long Forehead, higb Eyebrows, great Eyes, and an Eagles' Nose: He shall gather a great Army, and destroy all the Tyrants of his Kingdom, and slay all that fly and hide themselves in Mountains and Caves from his Face: For Righteousness shall be joined unto him, as the Bridegoom to the Bride: With them he shall wage War even unto the fortieth Year, bringing into Subjection the Islanders, Spaniards, and Italians. Rome and Florence he shall destroy and burn with Fire, so as Salt may be sowed on that Land. The greatest Clergyman, who hath invaded Peter's Seat, he shall put to Death; and in the same Year obtain a double Crown. At last going over the Sea with a great Army, he shall enter Greece, and be named The King of the Greeks: The Turks and Barbarians he shall subdue, making an Edict, That every one shall die the Death, that worshippeth not the Crucified One: And none shall be found able to resist him, because an Holy Arm from the Lord shall always be with him: And he shall possess the Dominion of the Earth. These things being done, he shall be called, The Rest of Holy Christians, etc.   

David Pareus, Among PROPHECIES Printed ANNO 1682.  

ONe of long Forehead, and of Eyebrows high,  
An Eagles rising Nose, and a full Eye,  
From the Illustrious Lilies shall arise,  
And his Realms Tyrants with his Arms surprise.   

To Mounts and Caves they from his Face shall fly,  
And many miserable Wretches die:  
For Righteousness he as a Bride shall take,  
And to the Forti'th Year famed Wars shall make.   

Those of the Islands, Spain, and Italy,  
Subject unto his Power the World shall see:  
Florence and Rome with raging Fire he'll waste,  
And Salt into the gaping Furrows cast.   

The Prelate that does Peter's Seat invade,  
To taste unwelcome Death by him is made:  
And the same Year a double Crown he'll gain, 
Nota, Ireland has no Crown.   
With a great Army passing o'er the Main.   

Greece he shall enter; styled the Grecian King;  
Turks and Barbarians to Subjection bring;  
By a firm Edict fixing Death on all,  
That don't before the suffering Saviour fall.   

None shall be found that can his Force abide,  
Because God's Sacred Arm strengthens his Side.  
The Empire of the Earth by him possessed,  
He shall be called, The Holy Christian's Rest.     


Ant. Torquatus.  
GAlli cum Hispanis pluries, longoque tempore pugnabunt. Post Turcae cum Hispanis, quibus omnibus tandem Hispani superiores erunt. Omnia extrema visura passuraque est misella Italia, sed praecipuè Longobardi: Bellicus furor omnia maligna in Italiam effundet, plus Italiae quam caeteris provinciis astra minantur. Apparebit namque fortissimus Princeps à Septentrione qui populos debellabit & urbes, & dominia, ac potentatus horribili cum terrore, saevissimisque & invictissimis bellis expugnabit, universos sibi subjiciet vi. Aquarum diluvia nedum in Italiâ, verum etiam & in aliis provinciis & locis exundabunt, ac humiliora operient loca, & Civitates & Castra submergentur. Futurumque est mare Piratis & classibus plenum, quo magno cum terrore civitates maritimas oppriment & spoliabunt. Unde fleant expectantes, fleantque maximè Romani Imperii hostes.  
Quot dominia mutabuntur, quotque illustres familiae antiquae dominia amittent, haud facile hoc narrari posset, & per maximè in Italia continget. Quot respublicae per vim & cum dolore, suos status & libertates amittent, & aliis dominis atque externis subjicientur? Florentia, Luca, Janua, Venetiae, & aliae quoque respublicae praedicto fato erunt subjectae nec evadere poterunt, & quo tardiùs id fiet eo durius infelicius-que eveniet eye, & eo fato prementur. Nam tam ardua diraque; necnon saevissima bella inter Gallos atque Germanos & Hispanos, ac inter eorum Reges oritura sunt, inter quos Angli Italique miscebuntur & etiam Turcae ad ea a Christianis in auxilium vocabuntur. Itaque tunc videbitur quod totus status orbis sit ruiturus, & omnes prae confusione rerum timebunt ultimam ruinam. Multi contra Romanum Imperatorem & suos ferociter ferentur & ibunt. Sed Romanus Imperator tantâ vi repente contra hostes suos praeter omnem spem & opinionem insurget, quòd contra omne Judicium opprimet eos superabit ac vincet, & Gallorum Regem aut interficiet aut secundò capiet, Tandem tamen gladio concidet, aut amisso regno, filiis calamitatibus oppressis, ducibusque suis interfectis vitam finiet, & tunc ultra Gallorum laus sub Aquilâ volabit, Tunc Galli infelices erunt.  
Anglus quoque Rex Gallicis ruinis non longè dissimilia pertimescat infortunia. Poterit ipsé cum suis adversam experiri fortunam & ingenti strage prosterni, quia tutum non est sed fatuum contra fata niti; Sapiens tamen dominabitur astris.  
FINIS.   

Ant. Torquatus. 
Dedicated to Mathias King of Hungary, Anno 1480. Edit. Anno 1552.   

OFten and long Spaniards and French shall fight; 
Pag. 7. 6.   
Then shall the Turks yield to the Spanish Might. 
The Emperor and King of Spain of the same House.   
Poor Italy, but Lombardy in chief,  
Shall see and suffer various Grounds of Grief.  
All Ills shall Italy invade by Wars,  
Italy chiefly threatened by the Stars:  
For from the North a Prince of Valour great  
Shall people, Cities, Potentates defeat;  
Fierce, and invincible against his Foes,  
Subduing all who his Success oppose.  
In Italy, and other Countries too,  
The Water's Towns and Castles shall o'erflow:  
Pirates and Navies shall the Sea infest,  
And Sea port Towns be spoiled, and sore oppressed.  
A dismal Prospect this to many shows,  
But most unto the Roman Empire's Foes.   

'Twere tedious to recount how many Realms  
And Ancient Families Ruin overwhelms;  
How many Commonwealths by Force and Fraud,  
Out of their Lives and Liberties are awed,  
Letting in cruel Masters from abroad.  
Florence and Venice, many other States,  
Shall subject be, nor can evade their Fates:  
The longer 'tis before they meet their Doom,  
The fiercer will the mighty Ruin come.  
French, Germans, Spaniards, with their several Kings,  
Engaged in War, perpetrate bloody things:  
Italians and the English have their Share,  
And by the Christians, Turks invited are.  
Many against the Roman Empire rise,  
Fiercely assailing it and its Allies.  
The Emperor shall arise to sudden Power,  
And conquer all his Foes in lucky Hour,  
Leaving Belief and trembling Hope behind,  
And the French King from him his Fate shall find,  
B'ing slain, or twice a Prisoner; but at last,  
He surely by the Sword his Death shall taste,  
His Kingdom lost, Progeny pressed with Woe,  
And all his Captains meet an Overthrow.  
Then Fortune, adverse to the Frenchmen, brings  
Their Praise to crouch under the Eagles Wings.   

The King of England then may justly fear,  
The like Calamities with France to bear:  
He and his Party luckless Chance may try,  
And with a mighty Slaughter prostrate lie:  
For, Madness 'tis against the Fates to rise;  
And yet, The Stars are governed by the Wise.    
FINIS.   

Advertisement.  
THere are lately Printed for Timothy Goodwin, at the Maidenhead against St. Dunstan 's Church in Fleetstreet, these Three Books following.  
I. An Enquiry into the Power of Dispensing with Penal Statutes. Together with some Animadversions upon a Book writ by Sir Edward Herbert, Lord Chief Justice of the Court of Common-Pleas, Entitled, A short Account of the Authorities in Law, upon which Judgement was given in Sir Edward Hales' Case.  
II. The Power, Jurisdiction, and Privilege of Parliament; And the Antiquity of the House of Commons Asserted: Occasioned by an Information in the King's-Bench, by the Attorney-General, against the Speaker of the House of Commons.  
As also a Discourse concerning the Ecclesiastical Jurisdiction in the Realm of England; occasioned by the late Commission in Ecclesiastical Causes.  
III. A Defence of the Late Lord RVSSEL's Innocency, By way of Answer or Confutation of a Libellous Pamphlet, Entitled, An Antidote against Poison; With Two Letters of the Author of this Book, upon the Subject of his Lordship's Trial.  
Together with an Argument in the Great Case concerning Elections of Members to Parliament, between Sir Samuel Barnardiston Plaintiff, and Sir William Soames Sheriff of Suffolk, Defendant, In the Court of King's-Bench, in an Action upon the Case, and afterwards by Error sued in the Exchequer-Chamber.  
All Three Writ by Sir Robert Atkyns, Knight of the Honourable Order of the Bath, and late one of the Judges of the Court of Common-Pleas.