MAJESTAS INTEMERATA.  
OR, THE IMMORTALITY of the KING.  Ploughed. 177. The King is a name which shall endure for ever, as the Head and Governor of the People, as the Law presumes, so long as the People shall remain: Because where there is not a Ruler, the people will be scattered. Thuan. 370. Miseros principes, quibus nissoccisis, de conjuratione non creditur. Doct & Stud. 12. He that does against the Law, does against Justice. 
Printed in the Year, 1649.   

John of Lidgate, l. 4. c. 18.  

OTher praefects there were also I find,  
Which held the people in full great servage,  
Till Sandrocottus a man of low lineage  
Cast he would redress their outrage  
Of intent poor people to restore  
To their franchises that plained on them sore.  
Sandrocottus author of this working  
Behight the people throughout all countries  
When he by sleight was crowned King  
Them to restore to their old liberties.  
But when he had received these dignities  
All his behests made with a fair visage  
Turned after to thraldom and servage.  
Thus when a wretch is set in high estate  
Or a beggar brought up to dignity  
There none so proud, so pompous, nor elate,  
None so vengeable nor so full of cruelty  
Void of discretion mercy and pity  
For churlish blood seld doth recure  
To be gentle by way of his nature.  
He may dissimule and for a time feign  
counterfeit with a fair visage  
Out of one hood show faces twain  
Contrary of heart double of his language,  
Still of his port, smooth of his passage  
Under flowers like a Serpent dare  
Till he may sting and than he will not spare  
He vexed people and troubled regions at all preves 
Sandrocottus.   
Cherished no man but robbers and thiefs.    

THE INTRODUCTION.  
WHo can point at the wildness and follies of the Age, and escape the note of a Manhater? Who is not startled, to find in the Church, profane Confusions made up from Quicksilver and Rashness? Extremes in love with Extremes? Passion sometimes overbearing the Foundation, which yet (starting out to ruin) overwhelms the Malcontent in his own Mine. Every Altar smokes more from Sulphur than Perfumes: The fierce Novatian Empire exceeds the Roman. And although there is much kindness in the charity, yet he that undertakes to become the Conciliator of the Universe, shall find enough to do. We read, a modest Jesuit protesting he 
Fronto D●caeus.  took none for good Christians (though some of his Party making within the Pale, not so fundamental; good Believers might have served the turn, and the Turks Deruts, Saracens Assassin, the Malabar Brachman, the Cathari of all Faiths might have come in) but his Society and our Puritan. Let us read too his order, resolving it none of their Articles to believe (Loiolas Consecration being denied) the eighth Clement the Successor of S. Peter. And comparing them with contrary violences, such as the term of Consubstantiation, which so vexed the Lutherans they would to Rome again, rather than part with that sense, and accept Calvins Stoic fate. Than, the driving of the Geneva Consistory (like enough to borrow the Leyden Crescent,) and that uncircumcised desperate Aphorism, Turca magis quam Papa placet, were they summoned to shut the beautiful eyes of that Bellona, their Presbytery, (every Family choosing rather to be known, from the faction of an Osman or an Haley perhaps, than from the Head, from which every 
John of Leydens' Disciples say, the Pope and Luther were both false Prophets, of the two Luther the worse.  late Prophet divides;) Who can (I say) consider all these Furies, and forbear to wander his own mazes, and not set up as some new Seekers have done, some pretty, new, short, Religio Laici for himself: If not with a Paradise, & the ful-eyed Wenches in it, yet composed of some Articles, every whit as sensual, and more easy to the Musilman, or Professor? For the result of all, it will come to this; Every Man must please his fancy, and form his Creed to the design: Nor will any thing prove truly religious, but our own ends. Beckets rebellious Salvo honore Dei, is but for the opinions sake, and there shall be no impiety or Atheism, but that which thwarts advantages, or a magisterial Pastors dictate: These Corruptions and their Cures, I grant should be left to their care who have the skill and the commission. I have recited them only as causes of the Contagions, which have distempered the whole Body, & which (owing the service of a Subject every way) my duty binds me to desire the lesse-wary to avoid. Another reason too why I have dealt so much above my own Sphere, and which carried me into the throng of these Prophets is this: The King a most sacred Name (who finds no peace in the grave, whose ghost is persecuted, by the blasphemers of his life and passion) is reproached not to have enough assisted those of Rochel, and their rebellion; a generation whose good or ill-fortune no doubt is much indifferent to M. Cromwell: and all this urged with a witty Apophthegm uttered in a Dialogue betwixt M. Deodati and M. Ironsides servant or (after the French expression) Varlet than; though times and that Servingman are much changed since; yet I may take leave to reply, there is little or no divinity in his Pastors, We must forgive our Enemies, but not our Friends, to the calumny itself the Duke de Rohan the freest from impetuous censures, and Piae Frauds, and most honourable of the side by much, does rather acquit than censure him; the Kings own Historian 
Sieur Bern. lov. 13.  and Lewis himself indeed censure him, That he would protect the subjects of a Brother in law, in the obstinacy of their disobedience; They both confesle that by orders from our King (which fell into the French Kings hands, and were copied by me, says the Historian,) the Earl of Lindsey was commanded to open his way, and fight through all Enemies; but Providence and his own wisdom could not suffer him to obey; could he 
See Mr. Howel his o● lov. 13.  have cut the Palissade which shut up the ditch, and so barred the avenues to the Town, which (considering the huge Woods fastened there, and the Ships employed to block up▪) had been the reversed blow of a Romance, yet two miracles more had been necessary; the wind which brought them in must have been changed instantly full contrary, to have blown them back again (though in so much of Winter a wind for the first purposed was more than could be promised in some days) there being no safety amongst the French Forts, and the Navy been locked up in that Nook, the Commanders would have been thought as mad as those they went to relieve▪ whose Principles have ruined all Europe, plucking up Obedience and Piety together, have more torn, and maimed Christendom in little more than 30 years, than the Turk in an 100  
For the rest, and that I may give some account of my Subject most intended by me, my order (much of which has not been used, in the most of these kind of Discourses, which it has been my chance to meet with) is such, as a rash choice of Notes would suffer, to manfest the Grandeur, Antiquity, and firmness of the King's Prerogative, which no Common Law, Parliament, nor Violence, but such as Masters the Christian Faith, and Worship together, can violate; that Parliaments are limited, to just and right, the trial I examine, and some other things, made litigious against common sense; than I would free the King from force, I mean as his Right may be concerned, I deny he can destroy himself, and the interest of his Successors, and supposing election, save him from what might be inferred from thence, I declare his tenure, and at what price, his life, which these objections seek for, is valued in the Law,; and if this golden thread be struck, by any Parricides blow, what his Successor must go for: the strength and purpose of a Coronation; and what could not but be more worn, the sense and duties of Allegiance; what claim shall be needful if the Heirs or Successors rights be refused; and how much it may prejudice in title, that he is a Lackland, and suffers the afflictions of a Desterrade, without the Ceremonial outside or show of a royalty (which all yet proceed from the wrong of the first injurers) I note the vanity and hypocrisy of Rebellion, and but glancing at the undoing CAUSE, conclude with 
Hist lov 13. The Hugon. styled the profession & practices of their Church La Cause.  the fullest acceptance of a Prince, and his Posterity, the fullest admittance of the inheritance, and descent interverted, that ever any Parliament or People yet made; which therefore I reserved for this place, the posterity of those makers, it seems will needs be wiser than those Laws, than their Fathers that voted them: but if an uninterested judge shall consider, what ruins they have made, in a Church the most Orthodox, and most glorious, of the Christian world, in a royalty the most just and most easy that ever people were blest under, so pious and so 
This made the Romans in all necessity's of affairs. rel●e upon the certain remedy, by a Dictator. Liv. 51. 148. 177. 175. 182. 190. 191. 196. 199. 201. 202. 204. 205. 206. 209. 112. 212.  honest they will never be thought to be; nor so wise neither, may that rule hold, That in all troubled estates, the most present remedy is ever found, in the principality of one, (The spreading and growth of the Roman Empire being attributed to the virtue and prudence of her six Kings 
a Verul. Aug. a●●. ●. 6. Liv. l. 2. p. 78. Brut ● pessimo pu●li●o ●d factarus fuerit. si libertat●● immature cupidine. priorum regum ●li●ui regnum ●xtorsi●et, quid enim futurum ●uit, si ple●s illa transfuga sol●ta regio metu agitari caped esse● tribuniti● procellis▪ etc. :) and I am sure, none was ever offered, so complete, as the heir of holy Charles the first, a King whom all Rights Divine and Human, do as an illustrious Sun, after the curse of a long darkness, commend.  
But since the Basis of my Discourse to follow must be the Law, That a King or no King must appear there. (For I hope we are more civil than to return to the bed of Nature, where like Beasts, the stronger took all, and our SAVIOUR gave Cesar his due, and disclaimed the judgement of inheritance:) One request than I am to make to the Reader, who may stand of my left hand, That since Every Art or Science is allowed its Principles, which must not be disputed 
b L. Coke 1. 10. 140. ; (For else Divinity itself were not safe) which prove themselves and are never proved 
c Id. 1. 3. 40. . That he would let that rule hold, which commands that we should not recede from the words of the Law 
d Rep. 5. 118. , and if it be unjust, to become judges in our own cases 
e R. 8. 1●. . And many Men, neither the most knowing, nor most conscientious, cannot submit to the authority of those Laws, (which the experience and happiness of so many Ages have found to agreed best with the constitutions of this Kingdom:) yet how unreasonable must it be, that the whole Nation, must let in, these private spirits, and allow the conceits of such Men for Laws, who out of ambition, or arrogance only, have torn asunder these just bonds, which as they never permitted any absurdities 
f R. 9 2●. , so did they never will things impossible 
g Ibid. 7●. , vain, or improfitable; being made up of such sanctions, which did ever bid things honest, and forbidden the contrary 
h R. 1. 131. , excelling all Laws for certainty, coherence, and Harmony 
i Dau. 1. Preface. , and for equity too. For neither did the King make his own Prerogative, nor the Judges the Maxims, nor the Commons prescribe 
Ibid.  their liberties; but long experience, and many trials of what was best for the common-good, did beget the Common-law; it being for the fundamentals above a 1000 years old; and so much more reverend it aught to be, (were we in our wits) than any Apronmans Revelations, any Troopers New-light; and he that shall consider, that his life and estate, and all that is dear upon earth, are held (by an unheard 
Stamf. Mis●●a servitus est ubi jus est vagu●n aut incogni●um.  of tenure) of M. Cromwel's spirit, and of his Wife and Heirs or Successors, that all he enjoys are subject to his Arbitrary power; who but an Earl of Pembroke without a soul, in this condition, would think otherwise? Let factious men, admire the adventurers, the happy ill-doers, the Davi which trouble all things, yet the Kingdom is not like to be safe and blessed, while one obscure Family of Love, or Rebellion, can do more than the King and the 
●. ●.  Laws, Non aliunde magis floret resp. quam si legum vigeat authoritas. The 
Abolishing or alteration of laws present, confusion will fall upon the whole s●ate. Stat. 1 Jac. c. 2.  Commonwealth cannot flourish unless the Law flourishes too. It has been observed, that the often change of Laws, is a prodigy which certainly foreruns the destruction of a Commonwealth: therefore the L. Cook has these words, The alteration of any Maxims of the Law is most dangerous 
k 2 Inst. 21 c, : this made our ancient Barons protest in a Parliament, Nolumus leges 
Stat. Met. c. 9  Angl. mutari, we will never suffer the Laws of England to be changed. I will end with the judgement of the most knowing Author many Ages have produced: Our law incult as she is, is the most noble Lady of all Municipal Laws whatsoever, being replete with all justice, moderation, prudence, and sublime judgement. The Law than 'tis most reasonable should be to us, the rule 
L. Dn. Hen. Spelm.  and arbitress of what is just and tied.   

MAJESTAS INTEMERATA.  

IT would require a History, and more than a common strength, to deduce from the Original, the sad causes of the calamities, the Christian World for these last Ages has groaned under; not a little terrible are the Earthquakes which an innovation of worship brings with it, for being the greatest sin, the greatest judgement must follow at its heels; and as often as this holy anchor is loosened, the ship of the Commonwealth floats; Religion being like the heart in the body, full of the vital spirits, yet the lest rude touch dissolves the whole frame. 'Tis most true, the superstition of a faith too, is as mischievous, and infatuates every where betwixt errors opposites, the causes of erring being common, and the same reason being found in all contraries, for that we may not make only criminal, the many heads of the 
Verul. nov. organ. se Lysi●. Nican. Knox and Buchanan, Mariana and Bellarmine, the Papist & Puritan agreed, in placing all power in the people, in resisting, deposing, and murdering Princes.  new Religions, we shall find the same discord and rage among the Roman Orders, the same disposition and propension to be quarrel the power of Kings, and subvert the peace and state of Kingdoms, the swords which these late ones strike with, being whetted by those, who most revile the present hands: I will not revive that Bishop's pretences, to the supremacy 
Anton Sum. p. 3. tit. 21.  of secular Empire; not show where he claims the honour of holy Angels, and the kiss of the feet, which they never suffered, nor observe that Caesar's throne must stand not higher than the feet of this Vicar: That the 
Cerem. Rom. l. ●. s. 2. c. 2.  Angels may not oppose his determinations 
d Suar. rom. 1. disp. 44. ss. 1. Kellen 66. . (Like our revelations they are principles, and like presentments in the Leets, to be imagined as true as Gospel,) To him, as to Christ, every knee must bow 
e Capistran. de author. pap. et council. 94. Blondus. . All Princes of the Earth honour and worship the Pope as a great God: Nay, their gloss of the Canon, calls him our Lord God; 
●. ●el. hist. sic. l. 8. c. 4. Concil. Trid. 103.  And thou which takest away the sins of the world, have mercy upon us, is common: And not to be less than our New Lights, the Bishoy of Bitonto at the opening of the Trent Counsel, told the Assembly, The Pope's light was come into the world, and men loved darkness more than light. This was too furious to hold, Age and its own violence had worn it low, and the swelling was rather contemned, than submitted to, when a new succession of rashness, precipitates in, and a Reformation, which interpreted, was but zealous madness, so much without discretion and charity, that instead of remedies, wise men can look for nothing, but the same miseries, under other names, like Plagues, whose infection a new clime may give a new term to, and difference them in some effects, yet the air is only changed, the malignity and pestilence remains, and they are the same mortal plagues still; and so much worse, as a multitude enraged is more fatal than a single Tyrant: And nothing has so much contributed to the distractions, as the vain glory of a proud and self conceited Leader, who must allow no way to ●eaven, but upon his ladder, who must innovate every where, and rather than quit an opinion, taken up by chance, or in haste, (or out of hatred only of those he had justly forsaken) and might, more than the Jehuite considered, be an Article of the Nicene, or Apostles Creed; let Melancthon preach his union 
* Synod sub Patricio. Nemo audeat scindere unien●m. , and his peace, (sure of some worth,) till he be hoarse, fire shall be called for from Heaven, and under the notion of cleansing, the Church shall burn to ashes from the altars flames: the Calendar was imperfect and faulty, the Pope 
●●. de Thou. 579.  perceives it, and corrects it, the Lutherans agreed 'tis a correction; yet what peace, since the whoredoms of this Jezebel are so many. It was Doct Reynolds at Hampton, the Papists had used the Cross, and the King must take that for crime enough; yet doubtless had not the Augustane Divine been exceeded, (who whether more temperate from the experience of Muncer, and the Anabaptists, the Odium which the frequent seditions and Presbyterian insolence brought with them, or their own wisdom,) we had not been where we are now: For presently with a garb and outside cut out but to enslave beggarly Geneva, (and no reason it should extend beyond the first intention,) in comes Mr. Calvin, whose Seminary Priests, I shall compare, with those that scandalised them and us, from an Author, who was thought to wish them very well. And it will easily appear, that deficiency and excess, heat & cold, though they make several poisons, murder alike, and a negative cowardly superstition, is as noxious as the affirmative: Nay more, since no Man can come to this abundancy, but by the confines of the virtue, which the abundancy might become, were the tumour of this nimiety but fallen, but deficiency participates not at all. First than, I will consider the Discipline 
* The King● Evil. , and note how fiercely she soars at that supremacy and infallibility, which her Champions, and the purer Churches cannot tolerate in any. It is, says one, Justa authoritas Ecclesiasticorum, the 
1 Tr●u. de discipl, 142. 2 Pe●tie. 3 Zions Plea. ●  true and just authority of the Kirk, The holy one, the soul of the Camp-royal of Christ's mystical body. 3. The proper character of the true Church, (so than all salvation is within her walls; there was none for mankind till some hundred years since, when the great Hercules conquered Time and Lethe, and drew up from the deep, from the of night and oblivion, this beautiful Proserpina, to an alternate 
Tran. ibid.  Dominion on earth,) Christ had not proved himself a Prophet like Moses, had he not instituted it. And as if a new Religion could altar power of jurisdiction, for its dominion, Omnes 
Ibid. Buch. d. jur. ●gn 57  principes & Monarchas parere necesse est, fasces submittere, All Princes 
Zions Ple●. Their Synods of Blois, Privas, etc. were held without the King's authority, they style their Ordinances and Edicts in their favour fundamental laws, Lov. 13. They join in all rebellions, no act of Majesty good but under their teste, Ibid. 43. 53.  must be their obedient sons, or executioners, must lay their Crowns at the feet of the great Queen. Nay the French, as nearer their Mother's breasts, declare, That the power of their Synod aught to precede that of Kings, that by it Kings must rise or fall.  
It will not be to any purpose to show how the certain key of Scriptures, and all exposition there, is theirs, how every dissentient is an Amalekite▪ a Moabite, and luke warm, and is mean● by every cursing Prophet, Curse y● Meroz, (to be revealed in the nex● Apocalypsis of holyes, either map o● land,) & those texts to be drawn upo● him, he that has, to his misfortune endured one of our pulpit storms o● late years shall find it; Nor how Ton● Cartwright excommunicates Kings what they dislike in the Vatican, is but from a Roman spirit, who would suppress 
The Hug. of Charles the 9 and Henry the 3 days.  all other Potentates, to rob the freelier themselves. Let it be lawful, having set Calvin in his throne of Caliph, to see what followed, and so decline homeward. France had rested in a long repose for many years, unfrighted with the terrors of a civil war, the people not accustomed to take up arms against the Prince's name, than which, says the Sieur du Rohan (that used it too often from the Geneva doctrines) nothing does more easily tear up from the Subject's hearts, the reverence due unto him, when the evil spirits and Emissaries of the Lemane Lake, spread their superstition and disobedience, together, (it being a maxim of their ministers, That it is 
Hist. Lou. 13 14●.  impossible to serve the Churches faithfully, and serve the King too) allegiance, honour, fidelity, friendship, all locks fly open, arm, arm, ring's every where, their own jealousies, fears, and distrusts, with the opposition of their enemies, which they must needs make, leaving no place quiet, they being Suspicax hominum genus & sectarium malum 
* Thuan 322. : doubting every thing, and assuring themselves of nothing: their character is visible in Rochels' definition, and the testimony of a Protestant, an eye-observer, though not of the Primitive reign, he writes of the Rochellers, We hear daily furious 
Grot. ep. 124.  things, I tremble, when I consider, whither this contumacy may break, forgetful of its self and others. Again, They talk much of peace, Monsieur du Rohan (the Essex of the Covenant) is 
Ep. 14●.  thought to propose things just, the stop is in the Rochel assembly (or Synod) made up of hare-brained madmen: And by their actions they weigh not less; their first sin was that Mother of Puritans Sacrilege 
* summed. el. 131. T●●an. 505. . They gaped at the Bishop's Manors, as Thuanus, who calls the war, the Episcopal war; in Poictires they set them to sale. I cannot forget an impiety or two of theirs, so abominable, the moderate of their party, (be there any such,) must condemn them, Poncenac a Captain of that Covenant, 
Ibid. 28.  fired an Abbey of the Clugniacs, so full of all Manuscripts, the loss is never to be repaired, not in Amara itself, this zeal opened the grave: The house of Vendosm 
Id. 101. 103. 104.  of the blood, is forced to a Resurrection before the day: Anne of Laval escapes not better. (Hermodorus is banished by the Ephesians, who would have no man frugal or good alone,) and John of Engolesm, the King's Ancestor, is torn up by these Jackals; his piety was his Delinquency, and they justify the action, upon the necessity, to prevent adoration; his Coffin melts into bullets, he is voted to the fire, and hardly escapes this Purgatory, and (what was sport enough,) the Monks are hanged in their bell-ropes. Concerning resisting the Majesty Royal, they 
Thu. 250. Doctrines  were of two opinions, the first Dandelot, 
Bo●i● of the same opinion, ●. Leaguer.  the Admiral's brother Broaches: It was this, Conspiracy is that of singulars; the attempts of the universal are most just: the body of them were not so scholastical, they conclude the war lawful if the Prince abuse his power: without troubling themselves to define the abuse, or appoint a judge, though they intended only themselves in both, yet they of Roven were much perplexed in the birth, of these wholesome doctrines, and with grief of heart, (no doubt) resent it much, that the Sorbon should join 
V ●●ox ex●ort. 91. 9●.  the King's Deposition with his Heresy. But can there be thunder and earthquakes, and the Pastors not there? does Antoin Chande (like the Knight Quixote) first Zam riel, than Zadael, 
The Pastor of Paris, who changed his name 40 times Thu●n.  meditate nothing, but his 40th altisonant name nothing less. France was not so happy to suspect her new Doctors, who like Zuinglius and the Zurich Ministers, fight before the principia, lead the front of battles. Charles 
Our Orthodox Cle●gy never present at the trials of blood, unless with the book of mercy.  of Suderman, the Rebel of the Swede Sigismond, tries the Nobility faithful to the King, (who had forsaken the Augustan confession, and so incurred the ban) 12 Pastors, and 12 of the Barony sat upon the Bench; and if our Zions Plea or Guignard the Jesuit 
* Of council in the murder of H. 3. T●uan. these words sound in his study. Vid. Zions P. ca 24.  think fit the Basilic vein (as they love to speak) should bleed; what can be so proper, as one of these hands? This agrees with their Church's Canons, 
● B●●h. de ju. reg. 57 Jun. B 〈…〉. 170. ●eza de author. magis. in sub. 97.  and holy practice, When Princes grow tyrants, (and themselves are judges,) the people may use the sword, or a private man may do vengeance upon a Prince, Pote●●ate, etc. meritoriously (as the Jesuits) whom an Author of their side censures, and their error furious 
Sieur. Bern.  as he, putting the Sovereign's lives into the hands of the possessed with devils, what assurance of peace can there 
Buchan. hist.  be within the Estates. Lesley, Carmichael, and Meluin, all of the Scotch illumination, for a private cause, resolved to do their justice upon the Archbishop of S. Andrews, Lesley and Carmichael strike, but Meluin perceiving them in choler, takes them of, and tells them, this work, Knox calls it, (they had their work too, but according to him, of lesser light, and not like the Armies goodwin's, who styles the murder of his late sacred Majesty, the work,) and judgement of God, although 
Over against these words Knox his margen● has. The godly ●act and words of James Melvin.  it be secret, aught to be done with greater gravity, than presenting the point of his sword, he said, repent thee, I protest, no hatred of thy person, love of thy richeses, (yet they seized all,) has moved me, but because thou art a bitter enemy, to Christ Jesus, and his holy Gospel: Than he struck him twice or thrice through. To keep decorum, a Meluin, that can mischieve deliberately, is rare, and a Pastor best becomes that part: See than what colours are laid, they decree it lawful reproaching the contravenients to arm for 
Th 〈…〉 11●.  conscience sake, for the King and Queen's liberty, whom they will needs imagine captives, their Sermons only sounding God's glory, and the public tranquillity, yet they join to set up an absolute Respublick, divided from the body of the 
An. 16●1. they▪ ●●de a new Seal.  Kingdom, give laws concerning Religion, civil jurisdiction, (Montauban coining in its own name,) Militia, Commerce, Imposts, put Lesdigueres into command; forbidden testimonies of fathers, maintain in public disputes, and Scripture authority, violently perverted, That it was impious to 
Calvi●● motto was, Non v●●i pace●s mitt●re, sed gladium.  give quarter for life, to any of the King's party: Nay, the Prince Conde, the Antesignane, being necessitated 
●o Pastor's in Rochel at once. Th●an▪ ●68. The rusty Priest i● not suffered to preach any thing of his own, but wholly ●ut of the Fathers, that it may not be in his power to make the people seditious, and perhaps too, to pre●rve Religion ●till the same.  to peace, (pacem infidam) ever the Pastors were to be sought to; but their demands were so high, that to extinguish the war he was forced to imitate the Venetians, turn them cut of the Council, and consult without them. Thus we read, Religions altered, without being able to glory in the purchases of the change. This narration I shall not parallel, though in Scotland, or at home we might discover much more. As it is more grateful to the vice in the satire, to be hid in the darkness of the name, so I thought it would be more pleasing (Presbytery being the same every where, and not differing at all, but according to bodies & humours) to expose France, or some other place, to serve for this Scene. And the rather have I chose this Province, for these reasons: our ill humours, 'tis true, gathered & grew corrupt, from our malevolence; yet the tincture and imitation we own to France, whose fantastical lightness & basest diseases, we have received by communication, and from whom we can never receive any thing but vices which unman us, & treacheries which fully the ingenuous reputation of that plain honesty we have ever been esteemed for. I have not fetched my examples from Scotland, as fruitful in treasons as Hell itself, though we have once by mixture overdone it, and the whole Universe, profane & Christian: but as this act was not the guilt of the whole Nation, I would not compare it with a people, with whom Chorah is more in repute than Moses, nay, than our Saviour himself; I knew France to be a more temperate clime, that her disorders, with the furfets of her last Apostles too, were not so criminal and unruly, her Kings against 
The French rebellions more plausible.  whom her unsounder parts mutinied, ever being of a different belief, with whom there was neither love nor good correspondence: but had their king been of their own Creed, my charity, if not the rules of their discipline, should induce me to judge, they would neither have oppressed his just power, nor how ever, have sought his life. France besides had ever her Lucida intervalla, after some short contestation, she ever returned at lest to a temporary obedience, never abjured his name. And I had sometimes hoped, our Demoniacs would have been contented with the lesser communer sins, with those of their forefathers, with a madness of degrees, not have raged further. But France is too just, and must condemn us, we live amongst those men whose cruelty is all their virtue, who have made an example 
Acts 3. 14. Ye denied the holy One, and the just, and desired a murderer to be granted 〈◊〉 you.  of the most abominable treason, (that ever any Cromwell brought forth) under the name of justice. And so basely were all men's minds affected, that the most flagitious impiety, a few durst contrive, more countenanced, and all were contented to suffer; there is neither honour nor goodness in the age, advantage not faith is looked 
See the Armies first declarations, The reasons of Maj. Huntingdon.  for in a relation, courtesy, till their own ends ripen, is dissembled in the deepest malice: Fair promises are but 
Plutarch Mar. Herod. 69. Erat autem Severu● unus omni●i● mortalium ad amorem simul andd●● maxim●● fast. etc. Andronicus besides his other arts, could weep at any time, he ever wept when he was most mischievous. This is observed of another amongst us.  fair baits to deceive, and with Marius in the Senate to know the art of lying cunningly, shows a brave spirit, and is a signal virtue. Nor is any way of thriving dishonourable: all things are lawful but what are honest: and though they may as well vote away the faculties of the mind, our essence, or statures, as truth, and equity, yet we must give ourselves up in a blind obedience, our understandings bound too; but where conscience, equity, truth and honour should tie us indeed, there to be tied, must be a capital, and the most kill treason: Whose justest indignation would not these injuries provoke? Who could part with the dearest relation of this life, an innocent father, snatched from him, by the untimely stab of public robbers, and be told too he must forfeit his birthright, and inheritance, by a decree of those robbers, because he has not rendered himself into the same unmerciful hands, highest goodness extorts, and forces a reverence from a very enemy: what Barbarian, not quite a King-selling Scot 
* Heretics named from Cain, said, Judas was a godly man, and that his act was a benefit to mankind: for ●e cerceiving what Christ's Passion would do, delivered him, or sold him to the Jews. , as far from civility as law and justice, would not for common mankind's sake, call upon the deaf faith of God and Man, against such Centauris, such desperate Cannibals?  
Finding than our liberties, these late years but pretended, our Courts of Justice lost, and the remains of the bloodiest Parliament, (if it can be sense to think, the form of a carcase 
The Idol of the Nation, to when that might be applied. Sipius nos quam deorum ●mplorant ope●.  the form of the man that killed himself) become a council of consuming war, that Enthusiasm, and the Pythonism of spirit, are only of reputation: and Hartford vies with Kent a holy maid, Finding every where furious arms, which have violated Heaven and Earth, reason itself overcome by Ordale and victory, and by a second Turcism, event set up the sign and Hieroglyphic of a good cause, finding a general Atheism 
Revel. 13. And they worshipped the Beast (upon whose heads in the name of blasphemy) saying, Who is like unto the B●ast. who i● also to make war with him. In villoria vel ignav● gloriari lices, adversae res etiam bonos detractans. Sacurt. Q 〈…〉 esset pr●sto ub que for●una, teme 〈…〉 (& qu●● ne sc●lus) in gloriam c●ss●●at. Prosper. & f●lix seel. virt. vocatur. Distractam laceratamque●em●. per magist●a us, magis q●d●um in 〈◊〉 〈◊〉, quam ut in columis fit q●rti. Liv.  which bequarrels even principles, doubts all old faith, and tries not only Kings, and godlike order, but the highest articles, and God himself; finding after a new infernal Court, and a Hellish Sacrament of royal blood, nature, and the being of beings too, disarmed, by these Giants, that a Vote can created treason, and than Act too, like the Roman Chair, raise a mortal sin up to a virtue, those who were trusted to make laws, having left no law in the kingdom, that there is not like to be any end, till the Conspirators (who in the concord of all orders were nothings, and have chosen rather to be Heads of tumults, and seditions, than sit still contemned,) become confirmed as honourable, as their conspiracy has been happy, that we know not by what God or law to conjure them down; finding too it is never to much purpose to strike strong and grown sins, & that he that would be safe must please: yet jest our loyalty should seem destroyed, with the last King, and these intruders should be thou●ht just possessors, (though it is come to 
●●gentib. remp. satis, Dei & bominum salutates admonitiones spernuntur.  that, they will either be our Masters or our Enemies, though an Hector, and the living Oracle himself cannot save this Troy: and I am but a vain Auxiliary,) against these torrents do I oppose myself, and think it religious sense, to make the present Kings claim: For such he is, spite of their Sergius his texts, and the last Mahomet's new Alcoran: for take the Buff of White-Hall for a just Parliament, let that act by a just power, (lay by the violence of sacrilegious conquest,) and it cannot reach the King, or his Rights, more than a malicious Comet, can rob the Sun which exhaled it to that Region: We question not, Parliaments are made of Men, and cannot change essences, nor are (what their flatterers would presume them,) Omnipotent: Nature is not like the Chemists walking metal; nor can a State- Hocus, turn beings into the contraries, if they restore to blood, yet can they enact, that there was never any attainder: they legitimated the house of Beaufort 
* Rot. pat. ●●. ●. R. 2. , but simple legitimation they never pretended to, since Divinity it self does not contradictions, nor can 
1 H. 7. 〈◊〉  the Parliament less make the next successor of a natural King his Heir, than his Son or Kinsman. Of this in its place. I will begin this discourse of Royalty with that which does indeed contain his greatness, and makes him not so high and glorious, as necessary 
* In●. 63  and useful, whatsoever his contrarients 
* This appears in the care and esteem of him in the laws, in the trust reposed in him, in 1 Jac. the causes there set down why all subjects are bound to the love and obedience of the K●ng. Vid. 27 El. c 1. Inst. 9●.  are pleased to declare: And in which, as to parts separable, and not of Royal essence, by that boundary betwixt him and the people, Magna Charta he is not so ample. Or rather by the conditions which the first usurpers accepted to seem gracious. The Prerogative.  
The Prerogative Royal ᵉ is termed, 
Prerogative. ● 32 H. 8. c. 46.  The Royal Rights, the King's rights of the Crown, or the rights of the Crown, by Bracton the Privileges of the King, by Britton the right of the King 
f 2 Inst. 2●3. regist. 61. Postna●. ●3. , in an ancient statute Edw. the first speaks thus, And for that the King has done this, for the honour of God, for the Church and Commonweal, he yet would not this statute should prejudice him, or his Crown; but that his rights be saved in all points: 
g West. 1. c. ●●.  of late it is called jus Coronae, and a law that is parcel of the laws of the land 
d Inst. 15. 3 Inst. ●4 . It is part of the Common-law, and contained in it 
e 2 Inst. 496. Dau. ●ep. preface. : Lord Cook, enumerating the Laws of the Land, gins with the Law of the Crown 
f Inst. 11. 4 Inst. 342. : Nay he gives it the precedence of his dearest Law and custom of Parliament, and after styles it the principal part of the Common law 
g Ibid. 344. , which with the Common law, makes not two, but one law 
h Finch 85. , (as a most knowing Judge:) the King is the defender, preserver, and nourisher of the people, by his great travels they enjoy their lands, goods, lives, etc. in peace: For which cause, the Laws do attribute unto him, all honour, dignity, prerogative, and preeminence. 
i Stam●. pr●rog. ●. 1.  The prerogative has its being from the Common law, 
k Id. Ibid. ●. 5. 6.  the statute is but declarative, and the treatise of the prerogative does not contain them all. 
l Com. Ploughed. 322.  To describe him and it more particularly: the King is an Emperor 
m 24 H. 8. c. 12. 4 Inst. 89. 342. 25 H. 8. c. 22. ● El. c. 1. 1 Jac. c. 1 , affirmed by Parliament, in no earthly subjection, but immediately subject to God, in all things touching the regality of the same Crown, and to no other 
n D●. Th. Sm. resp. Angl. 183. 16 R. 2. c. 5. Camd. 105. , he is a supreme King, 
o 4 Inst.; 42. 1. 5 El. 1.  supreme and imperial, 
p 4 Inst. 343.  his Crown Imperial, 
q Ibid.  and his power in his own land, comparable and equivalent with an Emperors: 
r Id. Ibid. 4 Inst. 125. he received appeals from the high Constable.  as an ancient Writer: the King has all ordinary jurisdiction, dignity, and power, over all in his Realm, he has the material sword, all Laws are in his hand which belong to secular power: (the Pope claimed than the other part) justice and judgement which go with jurisdiction are his: that out of his jurisdiction he may tender to every man according to his right, as God's Minister and Vicar, peace and vengeance, or punishment are his, jurisdiction and peace and their concomitants, belong only to the Crown and dignity royal, and to none else; 
s Bract. in Judge Stam●. cor. ●4.  he is the Sovereign Governor, Lord supreme above 
t Stam● cor. 56.  all. The statute which concerns Ecclesiastical 
x W. 1. c. 17.  jurisdiction is but declaratory 
y 2 Inst. 501.  of the Common law: For as that case, the King is an absolute Monarch, and the Royal Head of the Body politic, he has full power to tender justice to his subjects in all causes Ecclesiastical and Temporal 
u R. 5. 8. Da●. r. 70. 72. 95. Hub. r. 87. 112. 205. 216. 1. 7. Calu. ●ase. Dr. ft. 124. : otherwise (it adds) how should he be the Head of the Body; he is our natural Lord, his person is King 
* Exil. Hog. le Spenc. 1 E. 3. c. 2. r. 7. Calu. c. 5. , the Body politic is but a trick and fineness of Lawyers. Henry the third was under age, and the Pope (the Dictator universal than) was sought to, to bestow the manhood before the time, his Barons suggesting the maturity of his wit, deserved it: 
x Mat. Par. addi●am. 151.  from this Emperor, supreme King, Head of the Body, and original jurisdiction, is all justice administered, 
Justice.  by the ancient lex Regia or law royal, the King had the power of Parliaments 
a Har. holinsh. 177. Mir. 148. 150. ●ac. Elem. 69. Postnat. 106. Mat. Par. in H. 1. H. 2. Rich. 1. inf. 31. . The King has sat anciently, and of late in the King's Bench and Courts of justice. 
b Mat. Par. 405. Camd. Brit. 324. l. 5. E. 4. 58. Vit. C●anceri. L. Edg. polit. c. 2.  Peter of Rivallis a wicked Steward, says Parisiensis, reverently salutes the King sitting upon the bench with his Justices Rivallis being to make his account, the Justices followed the King's person and Court 
c 2 I●st. 23 255. 24 I●st. 73. , and were a part of the Hostel: Kings have given judgement, Reges ipsi causas audiebant 
d Camd. 324. vit. A●. ●. Alb. 76. L. Rams. s. 3. 1. . False judgements and the errors of Justices used to be reversed, before himself, 
e Fleta. temp E. 2  all Courts are his Courts, the Ecclesiastic Courts too, though held in the Bishop's name. So of Leets, 
f 2 I●st. 103. r. 5. 39  their proceed are directed by the King's laws, all law is the King's 
● Bract. l 4. c. 24.  law, 
g R. 5. 39 Lit. se●. 199. Inst. 130. 2 Inst. 559.  he cannot be thought ignorant of the law, all law lies in his breast, 
h Inst. 99 Com. ●●. 50●.  he interprets law. 
i Postnat. 108. Mi●z. 141. 261. 2 Inst. 238. 13 R. 2. c. 2. Mi●z. 148, 149.  The explanations which Edward the first made, upon the statute of Gloucester, have ever since been received for laws; 
k Postnat. 15. ●●  the King too has used to declare the law in Parliaments: 
l Stat. de Conspir. de finib. 25 E. 3. of treason. ● R ●. c. 2.  nay, his extraordinary power can supply the defects and impotency of the law: as when Carlisle a principal in murder was fled into Scotland, from whence he could not be taken by legal Process, and it was impossible to proceed against the Lord Sanchar the accessary, till the principal were attainted; Carlisle (as the reporter) was brought from thence by the King's royal and absolute power, for the ordinary course of the law could not come near him 
m L. Sach. case r. 9 V Bract. l. 1. c. 8. K t ●hin f. 1. . This appears more in Henry the thirds time: intolerable robberies were committed near Winchester, the Justice in Eyr could do no good, at length, (in the Monk's language) complaint is made to the King, who goes thither, and assembles the Bailiffs and Townsmen, than looking grimly, he tells them, The clamour of the rob has come up unto me, I have appointed Wise men, who with me may take a care of the Kingdom, I am but one, nor can I look to all parts, without helpers; I will call all the Counties up, that they may lay open your craft and wickedness: he shuts them all in the Hall, twelve are chosen for a Jury, they are watched, but in vain, they will tell no tales: the King takes it ill, he commands them to the prison and halter: twelve more are called out, who are frighted and confess all; many of the thiefs were masters of 400 and 200 acres, etc. 
* Mat. P●r. 760.  Much is said to prove that the King's delegation of Justices, and fixing and distributing his justice into certain Courts has impoverished himself, how than has he a fresh Justice to consign to a new Justice or Court, since no man can give what he has not? why are the Justices his Justices? 
o 3 Inst. 224. a Inst. 255.  We will deny no man his right, 
p Mag. Chart. c. 29  nor justice. This is spoken of the King, says the Commentator. 
q 2 Inst. 55.  A Sun whose beams are severed from the great Orb, and broke, to make lower lesser stars bright, yet he shines in every Court still: in judgement of Law, the King is present in all his Courts 
r 4 Inst. 73. 2 Inst. ib. & 14●.  of justice: and the Justices do but represent him. So that a bribing Judge Thorp is charged and condemned, for that he had broken the King's oath to the people 
s Rot. Pat. 24 E. 3 part. 3. Rot. Par. 25 E. 3. part 1. . The Chief Justice is the King's Chief Justice 
t Com. 322. V recog. libert. Clarendoniae 10 H. 2. c. 7. Dominus rex si in regno fuerit conveniatur ut rectum faciat, etc. Si extra justitiarius ejus. V Eract. l. ●. 116. ● . The ancient Kings used to ride the Circuits themselves, to inquire, hear and determine offences. But people, and offences too multiplying, they were forced to sand their Commissaries, who are now called (says the Mirror) justices in Eyre 
u Mir. 118. . There the King limits the Judges their power. 
a Ibid. 234.  Thus Britton notes of our Kings, they have divided their charge into many parts, upon the Mirrors reasons 
b Erit. 1. ●. ●. . What than, were it not that now much more contentions are multiplied: so that many cases would every day hap, unworthy the ears and presence of a King: besides the quarrels being so numerous, the law is necessarily become more obscure and voluminous, so that it may well take up the whole man; else saving in his own case, I know no reason but the King may again sit upon a Bench, and though the King has confined so much ordinary justice, to certain Courts, not the jurisdiction but the administration is changed, and I cannot see, but that for the time he sits, 
c ● Inst. 16.  the rule should hold, which tells us, in the presence of the greater the authority of the lesser ceases. So that in Termtime, by Common-law, no Commissions of Oyer and Terminer, or Goal-delivery, can sit where the King's Bench sits in the same County: 
* R. 9 118.  but be it so that custom, and statutes, and the grants of former Kings, have made this order of Courts, and these delegations as firm and continuing as they are convenient: yet is the King the father of justice still, allowed to be so, by the author of this opinion too 
d ●up. Cawdr. ●ase r. 5. 4 Inst. 104. Cor. 242. Dy. ●04. ● Dau. ●. 95. . Justice is derived from hi● as from a fountain ᵉ: Nay, he is the centre and stay of justice; in acts of justice he is never supposed by law, ill affected, but abused, and deceived. The same it is presumed is the King's mind, with the mind of the law: 
f Hub. rep. 216.  All acts of justice, so of grace too, flow from him 
g Hub. 205. 9 E. 4 2. .  
All pardons of Felony or Treason, 
Grace.  are to be made by the King 
h 3 Inst. 233. , he may pardon any Parliamentary attainder 
i Cromp. juris. 12. Stam●. cor. 153. . The 22 of Henry the 8. the whole Realm was in a praemunire, and pardoned by the King 
k Graston. in H. ● , his acknowledging a prisoners innocency is a pardon, 
l ● Inst. 23●.  he may abolish an accusation of treason, 
m 4 Inst. 124.  good men, says the Lord Cook, will never refuse God and the King's pardon, because every man doth offend them both 
n 3 Inst. Ch. of ● Pardon. .  
All honour and tenors are derived from him 
o Inst. 93. Com. pl. 498. 4 Inst. 204 363. .  
The office of a King does not only 
Protection Militia.  consist in civil justice, and the dependencies of that, but in defence against hostile violence, and protection against homebred injuries of our fellow subjects, neither of which can be performed without the power of arms. They that shall oppose either of these rights, let them first show what this great feoffee was trusted with, in what his being consisted, and what was the final cause of the Kingly government? Suppose what election or confidence soever: yet who so grants any thing to another, he implyedly grants too that, without which, the thing granted cannot be or subsist 
* R. 11. 52. . Certainly, to receive justice and protection, are the greatest 
Br●st. l. 2. c. 24. Com. 3 5 n 1. B. ●34  benefits of this life: and what can be the use of a Ruler, without the attributes of these? Nor were it policy it should be otherwise, since as to the Militia the Prince has not half the Sovereignty, where the people enjoy that. And so at the inspiration of any traitor, of strength to force him to quit what is left, (which is not improbable, since the boldness of a base nature grows high,) when he perceives himself feared. So betwixt claim of the rest, and defending to preserve, a Civil War would last till the World's end; treasure being the sinews of war, our Judges give this reason, why Ours of gold and silver in another man's soil, are the Kings; jest, say they, he whom the law appoints, to defend the people, to prepare force and arms, should be destitute, and want the means: 
q Com. Pl. 316.  he is styled the Sovereign and chief Captain of arms, all power is his. No man may use arms, so much as in sports, torneaments, tilt, etc. without the King's licence: the statute unprinted 5 H. 4. rot. parl. nu. 24. of array. declaring the King's power, to array and muster at this day, (as the Lord Cook,) is of force, and no other, and yet this statute was declarative only, one example may be seen, in the mandatum ●egis de juratis ad arma, in the time of Henry the third, too long to be transcribed. * An obligation to serve the King in his wars, is voided: every man is bound to serve him without it: and such writings are disdishonourable, 
x 3 Inst. 149.  every man being ●ound to defend the King and his Realm 
y Na. b●. ●5. , and to do the service that appertaineth to him, as to his liege Lord 
z 3 Inst. ibid. : as the same Chief ●ustice: No subject can levy war within the Realm, without authority from the King, for to him only it belongeth. 
* 3 Inst. 9 fla. ●● quis occas. pro p. osec. H. le Spen. ●. 56. 25 E. 3. c. 2.  It was high reason by the Common law, and ●s declared so by express words in ●he stratute of treasons.  
The Prerogative, which is so admeasured 
Prerogative not grantable  by the Common law, that it can neither take away, nor prejudice the inheritance of any 
b Com. 136. 3. Inst. 84. V Juram regis. ● Inst. 536. , is inseparable from his person not grantable over, it is always stuck upon the King, or Crown, being therefore called, the liberty of the King 
c Inst. 90. ; though sometimes, before the 27 of Hen. 8. which unites them all to the Crown, some Prerogatives have been transferred: yet this may be imputed to the barbarous ignorance of those ages: for being inherent to the Majesty of 
Regia dignitat est indivisibilis. 4 Inst. 243.  a King, and part of the matter of that Majesty, they were not more grantable than the Majesty itself, or a Royal member of the Imperial stile 
d 4 Inst. 287 . It is impossible to be done too out of incapacity of the taker, who being a natural Subject, and unlimited homager, can except no act, in derogation of that homage, more than a Layman is by Common Law capable of tithes, ever concomitant, and compatible with the Sacerdotal function: else by a multiplication of such acts (like the Jews Corban,) natural relations might be destroyed, in the lives o● the correlates, subjection might be discharged, which is not imaginable, since abjuration itself, the farthest act this way, goes no farther than the country, and cannot reach the common Father 
e R. 7. Calu. case. V a Inst. 15. . Chancery justice, is a special trust committed to the King, and not by him to be committed, to another 
f Hub. 1. 87.  power of denization was never grantable 
g 20 H. 7. 8. , so of power to dispense with a penal statute 
h Rep. 7. 37. : for when a statute is made for common good, and the King as the head of the weal public, and the fountain of justice, and mercy, is trusted with it, by all the Realm: this confidence and trust is so inseparably adjoined, and annexed to the Royal person of the King, in so high a point of Sovereignty, that he cannot transfer it, to any private person, or any private use: thus the book: 
i Hill. 2. K. J●m● 36.  as there the King cannot commit his sword of justice or oil of mercy concerning any penal statute, to any subject, so we say of other essential parts of Royalty too. Bracton is cited in Calvins case to this purpose, To do justice and maintain peace, makes the King's Crown, without which it cannot consist. These jurisdictions and rights cannot be transferred to persons or fees, nor can a private man enjoy them. 
k Bract l. a. de acquirendo rec. Domin. c. 24. in 1. 7. 11  Stamford citys the same Bractons' words, where it is added, Those things which are annexed to justice and peace, belong to none but the Crown and dignity Royal, nor can they be separated from the Crown, for they make the Crown 
l Stamf. cor. 54. Bract. l. 1. subtit. libert. , and being regal rights, cannot separate from the regal dignity 
m Fulb. Pand. 10. Camd. Brit. 118. , therefore are they termed by Civilians and others, Sacra Sacrorum, and individua.  
That the Common law ever gives 
Common law and Prerog  way, and cannot hu●t; even the lower prerogatives is known by the people, and the most ignorant: he may sue where he will, distrain where he will, lease and reserve to a stranger, who may distrain, the quality of his person altars the descent of Gavelkind, the rules of joint-tenancy, no Estoppel can bind him, he is all truth, judgement final in a Writ of Right cannot conclude him 
n Flnch 83. 84. co● 36. 337 243. 322. na. ●r. 263. Dr. 225. Hub. 229. Dr. 139. r. 4. 55. r. 11. 91. r. 5. 92. . The Irish in Queen Eiizabeths' time deny the Cease, which was a t●x of provision, for the Deputies Family and soldiers: our Lawy●●s hereupon resolve, That there is a certain right of Majesty, called royal prerogative, which is neither subject to the laws, nor repugnant to them 
o Camd. Eliz. 28▪ : a custom which exalts itself upon a prerogative of the King is voided as to him 
p Dau. r. 33. . As the custom of London to created Corporations is voided, the King only owning that power, prescription cannot prevail against it, an usurpation of an hundred and twenty years, hinders him not in his presentation after office 
q Fulb. pand. 21. . So the prescriber to toll, wreck, stray, a sanctuary for treason, his prescription extends not to the King's goods, nor to treason.  
No statute can destroy it, if they 
Parliam. and Prerogat.  make him hold of any other, it is a statute of Nonsense 
r R. 149. r. 6. 5. r. 8. 118. r. 11. 47. Dy. 10. 154. 231. 313. 5. 1 H. 7. Brian. co. 381. rat. uses 3. co. 242. 238. . So to serve any man, he cannot serve his subject: and to disinherit the Sovereign, to destroy the royalty itself, is more impossible to be lawfully done: To obeserve a little, and in haste of the word Parliament and the antiquity of the Court: For some there are so much in love with that counsel, that they draw the pedigree, from the Old Testament, perhaps could have been contented it were thought to be Jure Divino; pity the China Chronicles were not extant, they might have discovered farther what Saxon Laws soever are to be met with, and assemblies, we must be sure to let them be statutes and Parliaments: yet the Monks are every where to blame, who frequently deceive with their forgeries, yet with this unhappiness of judgement they ever tell the tale of the History passed long ago, in the words of their own age, so that they easily discover themselves to be Impostors: Of this nature, that Larua antiquitatis modus t●uendi Parliamenta, appears to me (though much magnified by the Ch. Justice, made an Author by Dr. Cowel and the Glossary,) yet because it is most safe and wise to follow the great Authors, I will say but little: but that 
M●d. cap. 2.  he should bring into his Parliament, in the time of King Edward the son of King Etheldred, that order and manner of Estates even to the Commons themselves, in fashion now, attributing to his Earls and Barons the same Knight's fees, which our Authors compose them of since, besides the Churchmen, Abbots, and Priors too, holding by Barony, seems to me done not without a notable spirit of prophecy: the Earls being neither hereditary till after the Normans, nor the Barons settled, and ordinary Parliament Lords (but summoned at the King's pleasure, Henry 3. in 49. of his reign, taking in but 25 of the Lay-Barons) till Edw. the first 
t Spe●●. veth. Baro. & Honor. , and the servitude of fees not being known till after the Conquest, and than sicut fit in Normannia 
u Codex agra●iu● Domesd●i dict●●. Tit. Glowcest.  charged; and for the Churchmen, much against their will, and complaining of the military servitude, William the first imposes upon Bishops and Abbots too, tenors by Barony 
* M. P●●. hi●●. ●aj. y. : for the word Parliament, there perhaps wants divination too, for uno atque altero post Canutum s●culo, an age or two after Canutus it was not used by our Authors, 
x Concil. 〈◊〉 〈◊〉  Grafton is of opinion, the first Parliament with three Estates in it, was in the 48 of Hen. 3. 
y Graft. 147. hist.  Martin thinks Henry the first in the 4th of his reign, framed the Parliament of three estates himself the Head 
z An. 1114. . Speed, that Henry the first was the founder, and Salisbury in the year 1116 the place, 
* In H●n. 1.  in the ancient 
So Polid. Virg. l. 1●  use of the state: so he, the people being seldom advised with, Sr. Henry Spilman writes thus, The Nobility was bound out of custom and duty, in 
Time of the Saxon Princes.  the three great feasts of Christmas, Easter, and Whitsuntide, to repair to the King yearly; as well to credit his Court and person, as to consult about the affairs of the kingdom, and decree, as it were necessary. In those days the King came abroad crowned, and shown himself in Royal pomp. Henry the second celebrating the Nativity at Worcester Anno 1158. offered his Crown to GOD upon the altar, which he never wore after, from whence these great Counsels, or Parliaments, (but of the King and Nobility) were discontinued, and many Ages after in the time of Edward the third, restored 
* Concilla 347. See the preface of the act of Merton made at the second Coronation of Henry the 3d. . So no certainty of the beginning of this Court can be well found, though I believe it began in Henry the thirds time 
* Vid. Stat. de Marlebridge. . Two Authors of Henry the firsts days, say than, Either to command taxes or tribute, or appoint new laws, the King's Edict alone served the turn 
b Malmsh. de reg. 69. 70. Eadin. 94. Par. in. an. 1082. Wigo●n. m. 1084. 11. Ed●. conf. c. 11. . Henry the third by Charter abolishes, in some▪ places that impious trial, called, Judicium Dei; the Lord Cook 
c R. 9 Ab. d. strat. Marcel.  will have it outed by Parliament. But our Parliament perhaps was not than to be had, Provided by the King and his Council, is all the Charter has, and that which was decreed by the King and his Council, and confirmed with his Seal Royal, without doubt gained the vigour of Law in that Age 
d Gloss. Sr. 〈◊〉 Spelm. 395. . And since the King has made his people more free, and less servile, by admitting them into the fellowship of his counsels, out of his own benignity only 
* Dr. Cowel Interpret. , I know no reason he should loose▪ and undo himself by his▪ own grace. It is no Parliament without the King, he is Caput principium, & finis; the Head, beginning, and end 
e 4 Inst. 3. ; the business (as the Writ) ever concerns us, our state, and the defence of our kingdom, 
f Ibid. 14.  and not against all these: no Act can bind without him 
g 1 Jac. c. 14. 4 Inst. 343. 1 Inst. 90. Com. pl. 79. Dr. & ●●ud. 165. , It is no Act of Parliament, unless it be made by the King, the Lords and Commons 
h 2 Inst. 157. . The Lords were anciently summoned in the faith in which they were bound, now in their faith & allegiance (both forgotten of late) the original of Nobility itself, being by the King's creation 
k R 7. 15. , unlikely they than could be 
i 4 Inst. 16. 5.  intended formally for Buchanant Ephores, and the bridles of his power. I will not take upon me to divine, what sense the Lord Whartons Writ of creation contains, nor what it may enable: but I dare say this Writ of summons cannot imply, Drive him away by tumults, sequester or rob him of his revenues, pursue him by the Bloodhounds of the hireling Synod, in a full cry, curse him to his people, tear him up root and branch, and if your arms grow weary, or you fear the infamy of the last act, weaken him sufficiently, set that Adder of London Independency upon him, who you need not doubt, let him charm never so wisely, will by't him fatally. For this Serpent of Rebellion, was the Amphisbaena mortal doubly, Presbytery stung in the head, though Independency killed in the tail: The Parliament should be always full of honour, it should leave causes to the golden metwaud of the Law 
l 4 Inst. 41. . It should steer by that which is Law and Custom of Parliament 
m Ibid. 14. : but no body can have such a law or custom, to destroy itself, to erase its own head: we have known mad Parliaments 
n 42 H. 3. : Lacklearning Parliaments 
o 6. H. 4. , and Parliaments of Clubs 
p 4 H. 6. , and may know more: But if out of ordinary itch of Innovation, the disease of the last reigns, which is dangerous 
q 4 Inst. 11. , if out of ignorance of Burgesses 
r R. 1. Por 〈…〉 case. , whom likely enough, Agrippa that was as bold with the Apostles had noted for dull and senseless Asses, or out of indiscretion and arrogance, not keeping themselves within the circle and law of Parliament 
s 4 Inst. cap. P●rl. , (for some look for law there too;) or by committing the power of Parliament to the manage of a few 
t Ibid. 42. Iff. 68 : (a practice, to which we own some part of our late misfortunes;) If I say by these or other ways, the Parliament shall enact, (above the flight of an Ordinance,) against natural equity, as to 
V Spencess view of Ireland 22. 23. 25.  constitute a man judge in his own case, such a statute is voided in itself, and shall be controlled by the Common law 
u Hub. rep. 12●. : a Town has customs and usages against Law and Reason, and no others; a Parliament confirms their customs, it does nothing, it cannot extend to those customs 
* L. 5 E. 4. 40. 41. . The 11 of Richard the 2d enacts, that none condemned or forfeited shall sue for the King's grace; it was held an unreasonable statute, without example, against law and custom of Parliament 
a 4 Inst. 42. . The statute of hunting is a simple statute; 
b 3 Inst. 77.  so is that of Wills which forbids Idiots to bequeath 
c Hub. 317. ; concerning purlieus and Chases, the statute 22 of E. 4. mistake the law in both of them 
d 4 Inst. 3●4. 3 Inst 13. , the 3 and 4 of Edw. 6. cap. 5. whereupon the Duke of Somerset was indicted, was repealed justly as a doubtful and dangerous statute. Green Chief Justice grants, that the 34 of Edward the first, was made more in damage of the people, than in amendment of the Common Law 
e 24 E. 3. 2 Inst. 526. ; a branch of the statute De asportatis religiosorum is voided, as inconvenient and impossible 
f a Inst. 588. . The statute of Non claim, brought universal trouble upon the Realm: Q. Mary's Parliament brought in the Pope, ours a second Cromwell. That a Parliament may err, is without question 
g Br. Parl. 16. 21 E. 3. 46. co. 86. 400. Cromp. Jur. cap. Parl. , if a Parliament which forbids charity and alms to the poor, be voided for so much, if an Act against payment of tithes and things merely spiritual, be wholly voided 
h 21 Hen. 7. 2. , how binding shall a tertio or small faction of the Commons alone be, which votes the kingdom poor, advances Catholic sacrilege, and Atheism votes public robbers honourable, and condemns the innocent to racks and gibbets. I will cite an opinion, which though it may seem to stretch the true Prerogative high, (yet it comes not near the overbearing prerogative of the Lieutenant General;) and the Analogy, in all the parts, will fit this truth, it being objected against a benevolence, demanded by the Saint Henry, that the demand was directly contrary to the first of Richard the third; it was replied, Laws made by Usurpers, oblige not legitimate Princes, that Richard was not only a Tyrant, but a murderer of his Nephews; and therein more fit to suffer the Law, than to make any; it being absurd to think, that a statute invented by a factious assembly, and approved no otherwise than by a criminal in the highest degree, should bind an absolute and lawful Monarch. 
i Herb. list. ●. 8.  No question but these reasons strike home: much less can the contrarient 
* Vid. Inf. 63.  actions of the lower servants oblige the Master of the great family here; since it is manifest, that a Parliament never so lawfully composed, never so justly tempered, never so free from those faults and imperfections before recited, cannot maim or weaken the Majesty or Prerogative, it is above a Parliamentary thunder. Richard the 
4. Inst. 42.  second, bequeathed certain treasure to his successors, on condition, to observe the acts made the 21 of his reign; this was holden unjust and unlawful, for that it restrained the Sovereign liberty, of the Kings his successors: and the same reason may serve to overthrew a statute, which shall unjustly and unlawfully restrain the same Sovereignty: nor had this bequest been of more strength, had it been made by Parliament, injustice being injustice, 
In●●●●.  and unlawfulness, unlawfulness every where; and heresy is heresy still, though defined otherwise by a council. The 15 of Edward the third, was utterly repealed, and to loose the name of a statute, because contrary to the laws and prerogative. 
k Rot. Pa● 17 E●●●. 23.  'tis true, Richard the second made R. de Vere Duke of Ireland for life, albeit says the chief Justice, it is against the law and custom of Parliament, to assent to any thing, which was to the disherison of the King & his Crown 
l ●●4 Inct. 14. 357. ● . It is declared by the Lords and Commons in full Parliament, upon demand by the King, That they could not assent to any thing in Parliament, that tended to the disherison of the King, and his Crown, whereunto they were sworn 
m Ro: Parl. 42 E. 3. nu. 7. : both Houses declare in the third of Charles the first, That they have neither intention nor power to hurt the prerogative 
n 3 Gar. 1. petit. of right. . By the Lord Cook, A Reprobate is an abject, and created for the Devil; so a reprobate sense is an abject, and damned sense. These terms are frequently in Parliaments, when any thing is attempted, against the honour of God, the prerogative and dignity of the King, the laws of the Realm 
o 2 Inst. 385. . An ancient Parliament, in answer to a Pope, claiming as umpire, and to give the Law, spoke thus, as I tender it, To the observation and defence of our liberties, customs, the laws of our fathers, out of duty of oath, we are bound, which we will maintain, with all our power and strength, and we will hinder, by God's help, not do we, nor will we suffer, nor may we, nor aught we, (after the rude blustering of those times,) our Lord the King, to do or attempt things so unusual, undue, prejudicial, and unheard of: nay, though he would consent himself, especially since the said premises, tending to the disinheriting the right of the Crown of the King of England, his Royal dignity, and the notorious subversion of the state of the said Realm 
q Rot. Par. 28 E. 1. apud. Lincoln. : this was good zeal, and more perhaps, than the King durst have spoke: than Henry the eighth, being denied a divorce, his Parliament resents the Papal yoke much, and writing to the Pope, has this language, His Royal Majesty is the Herd, and even the very Soul of us all, his Royal Majesty's cause is the cause of us all, derived from the Head upon the Members, his grief and injury is ours, we all suffer equally with his Majesty. The Lord Chancellors oath is of the Common Laws making, as others the oaths of the great Officers; by this he swears, not to suffer the disheriting of the King, or that the rights of the Crown be decreased by any means 
r Rot. Parl. 10 R. 2 8. . The Lord Treasurer's oath is word for word the same. The Barons of the Exchequer swear to redress with all their power, any prejudice or wrong to be done to the King 
s 4 Inst. 109. Cromp. juris. 213. . Now all this were much in vain, had there been known than a more moving power, supreme, and beyond the royal, why should these swear generally, and against the whole world, to hinder that which orderly and lawfully might be done: and his Crown being Imperial, and in very deed of itself most free 
t 13 El. c. 2. inf. 72. Sup. 22. artie. against. Card. Wolsey at H. 8. art. 1. , he being the only supreme Governor of this Realm, and of all other his dominions in all things, and causes, as well Ecclesiastical as Temporal, as appears by the oath and declaring statutes of the supremacy, how can he suffer any diminution whatsoever, from the Liege's and subject's of this free Crown, from those which are ever under this supremacy, and his own subordinate's, how ever admitted and assumed unto his Counsels, and notioned by a high and specious name, yet gilded and glorious from the rays of his Majesty; it being a mistake either full of ignorance or malice, to imagine an household, and not take the Father in.  
But the Commons are the Knights 
Commons.  of the book, they must be bound by none of these laws, more than by their own oaths, but some implicit way, are above them all, yet these too cannot convene, but by his Writ and Name: the reasons too of their coming, are as the King's Writ tells us, Concerning us, the King, the honour and safety of the King, as the Chief Just 
u 4 Inst. 9 . The state of the kingdom and Church, and not the ruin and confusion of all these; the title of every Parliament too being, To the honour of God and of holy Church, and quietness of the people. Parliament men aught to be true men, neither Traitors, Felons, Outlaws, or breakers of the peace: 
* Cromp. jur. 12. 4 Inst. 25.  All are subjects still, they swear the Supremacy as such: Master Cromwell swore it, not to revive the opinion, that the Articles proposed by the King are first to be discussed 
x 2● R. 2. Graft. Speed. . When the Parliament gins, the King, or one by him appointed, declares the causes of the Assembly 
y 4 Inst. 8. : The King may disallow their Speaker, 
z Ibid.  privilege of Parliament, (which extends to themselves, their servants, and goods, in suits, and distresses 
* 4 Inst. ●. Cromp. ju●. 8. , and has devoured all privileges else,) does not hung upon the walls, but is ever requested, by the Speaker, the first day, from the fountain of justice and mercy the King 
b R. 7. 37. , and granted by him: 
c Dy. 60. Dn. T. Smith. resp. A●g. 174.  The King is the head, the Lords the principal, and the Knights, Citizens and Burgesses, the inferior members 
d Dy. ibid. . During this union and consultation with their Head, a King tells us the injury done the lest member, is to be judged as done against his person 
e Cromp. jur. ●●. , though far more are the Judges of his Courts of justice privileged, and more grievously are punished insolent assaults or affraies in them, since he does but advice with the first, but he is represented by the last 
f Dy. 188. . No Parliament can either begin or end, without the King's presence, or representation 
g 4 Inst. 28. : For the Virtual presence, or Presbyterian presence, has not been heard of till of late: for want of which discovery, Richard the second being on his way to Ireland, was represented by the Duke of York; Queen Elizabeth being sick, by the Archbishop of Canterbury, the Lord Treasurer, and the Earl of Derby 
4 Inst. 7.  
h CromP. jur. 13. Camd. Eliz. 466. : the King's death dissolves the Parliament: 
i 4 Inst. 46. 4 E. 4. 44.  Queen Mary is an example, and the authority of the Members falls as a derivative, (altogether making the body of the Parliament 
k Dy. 60. ,) not to be thought, were the sovereignty theirs, or inherent in those they represent: The Commons are the general inquisitors, they transmit examinations, with proofs and witnesses to the Lords House 
l 4 Inst. 24. . The Lords are the tryers 
m Ibid. 10. 11. , the parties grieved may go directly to the Lords House, and not take the Commons in their way: It was the ancient custom and law of the Parliament, (as the book) continued unto this day 
n Ibid. 11. ▪ yet it is cited an error assigned, that the Lords should give judgement, without a petition or assent of the Commons 
o Ibid. 13. , I will not so much as think it a forgetfulness, though it may seem a full contradiction 
p Ibid. 21.  to another; there are those who to avoid an opinion mark the dissentient with an obiter spoken, experience is doubtless against the single instance, and that shall be instead of a reply: for proceed in error 
q 4 Inst. ibid. 1 H. 7. 20. , the King is sued to by a petition of right, upon whose answer of Fiat justitia, a writ of Error is directed to the Chief Justice, to remove the Record in praesens Parliamentum, upon which, the Chief Justice brings the Record into the upper House, where it is examined 
r Dy. 375. Cromp. jur. 13. , and the proceeding upon the Writ of Error, is only before the Lords in the upper House 
s 4 Inst. 21. pos●●. 21. . A few examples too that book has, of the latest times, from which a judicatory power, for the Commons should be inferred. These were fines, etc. of some 
See Judge Jenkin● Cordial, p. 9  offenders, in and against the lower House: which power were it allowed them, in accidents and things relating to themselves, because as parts of the great Corporation and Body, their welfare is considerable, and their peace to be provided for; yet being a power not borne with them, this mischief would follow, (besides that every discontent given or taken, would be a breach of privilege:) they would bring things ad aliud examen, and to new trials; practices not to be used in a Parliament, which (as the same Author) relieveth none but such as cannot have remedy but in Parliament, for matters determinable at the Common law, it remits them thereunto 
t Rot. Parl. 13 R. 2. nu. 10. 4 Inst. 84. 72 1 H. 4. c. 14. . We should never seek the extraordinary, but where the ordinary is deficient 
u 4 Inst. ib. , not to note that offenders of the House, may be informed against by the Attorney General 
* 4 Inst. 18. Cromp. jur. 4. Coron. Fitz. 161. 3 E. 2. : there are no mischiefs nor grievances whatsoever, hurtful to any rights, privileges, or persons of Parliament men, which the Law has not appointed certain easy & orderly remedies for, with severe penalties recoverable against the wrong-doers, by suits at the Common law, and in those Courts of Justice, whither the King too by his officers addressed himself to be repaired in his own cases, provisions not only vain, but simple and ridiculous, had it been known to the makers of these statutes, that those they secured by several new laws, by a fundamental indubitate law and prerogative, (more than the King or any man can be,) * were the Judges in their own 
K Inst. 141.  cases, and justiciaries of their own injuries; Love and Revenge, two passions ever ready, when ourselves or our enemies are concerned, would tender all such judgements suspicious, it is apparent the Law has made these provisions for them, be there deceit or foul play in the election, be the Parliament man assaulted, coming to the place or staying, be he taken in execution, be not paid his wages, etc. Courts, and Actions, and Damages too, with the Writ of privilege in case of imprisonment are given 
y Com. 120. 5 R. 2. stat. 2. c. 4. 8 H. 6. c. 7. 23 H. 6. c. 11. 11 H. 6. c 11. 6 H. 6. c. 4. 32 H. 6. c. 15 9 H. 8. c. 16. 35 H. 8. c. 11. 7 H. 4. c. 15. Dy. 60. 265. P. 34. 35 H. 8. 1. 23 : the sight of these laws alone would make any man think they wanted them, for whose sakes they were invented, whether the Lower House may take a recognizance or not, is questioned, and only seems to Brook that it may 
z Recog. 82. ; a Courtleet may, that is a Court of Record. 
a 4 Inst. 263.  The house of Commons cannot so much as give an oath, and and with those, how small and new, their judicatory power is, appears in this, as Chief Justice Hubert, they had no journal book till Edward the 6 
b Hub. 152. , and after, those journals are no records, but forms of proceed to Records 
c Ibid. 154. ; and those examples of the book might pass sub silentio too; for thus all those judgements are reproved and slighted, which come in the way, and are disliked by some authors.  
I shall not say much of an ordinance, 
Ordinances.  being sometimes by the King, by the King and Lords, and never binding in succession, 
d 4 Inst. 23. 3 Inst. 40 4 Inst. 25. 48. 113. 2 Inst. 643. 644. 4 Inst. 117. 10. 186.  yet being a term seldom met in our books, but never amongst our Laws, we being ruled only by Common Law, and Acts of Parliament. The 8 of Henry the 6th is a statute and no ordinance, though taken otherwise 
e 8 H. 6. c 29. Inst. 159. , and it hath been endeavoured to make statutes invalid, by the sole objection that they were ordinances, which is, (as the book) an objection to the life 
f 1 Inst. 639. . The King dispenses where statutes are penal 
g R. 11. 86. Dy. 52. 54. , though the statutes say such dispensation is voided, and sometimes without a non obstante, as of the statutes of Mortmain, 
h Inst. 99 co. 502. 1. 7. 14.  a general statute, which names him not expressly, binds him not, 
i R. 736. 1. 11. 68 come. 140. Kel. 35.  he shall take advantage of any statute though not named, 
k R. 7. 32.  all the old statutes speak in his person, he wills, bids, appoints, commands are usual. 
l 4 Inst. 239.  Henry the eight was informed by his Judges, that the King stands in no time so highly in his estate royal, as in the time of Parliament, when the King as head, and the rest as members, are conjoined and knit together into one body politic 
m 34 H. 8. Fee● case r. 5. Cawd. case. . The King too we know was petitioned, as superior 
n 4 Inst. 82. 83. ● , after the manner of Parliaments, the ancient statutes being drawn in the form of Petitions 
o 4 Inst. 25. , the rest of the Body ever obeyed the summons of this Head, and sought him out, all jurisdiction being in him 
p Dalt. Just. 1. 2 Inst. 601. 602. sup. 22. : yet some there are, wittier than Epicurus, who will suppose in things called gods, not only the image, but fragility of man, inter viva quaerentes mortua; who thinking they were only born, that posterity might talk monsters, and portents of them, ill speakers of dignities will raise upon the Law, or this House, a Tribunal which 
The trial.  shall try Kings. For Law, let us look on that, since we have read the Hollander their elder brother, was told, the whole line, though drawn with the blood of a Sovereign, was made up of Law 
* Lord Bac. just. univers. Aphoris. 39 Let there be no rubrics of ●lood, let no Court deal in cases ca ital, but out of a known and certain law, God denounced death, than be inflicted it. Nor is any man's l●fe to be taken away, who first knew not he had sinned against it. : when Garnet the Gunpowder Jesuit was arraigned for regicide, the Earl of Northampton tells him, Never in any Religious Age, was the murder of a King thought an act of prowess, or a step to Martyrdom: likely, and as likely too, this shall never pass for a religious age. Mr. Fox of the Martyrs in Queen Mary's days, says, Neither was there so much as one man that once shown any disobedience to the magistrates, fol. 1387. It was fault enough to be a King 
q Basil. doro●. , and it will be danger enough to be a Protestant King. All Reformation is born like that Roman Tyrant with its teeth. When Magistrates cease to do their duties (that is, are not as furious as they) to the multitude a portion of the sword of justice is committed, from the which no person, King, Queen, Emperor (being an idolater) is exempt 
r Goodman's ● Presbyterian 184, 185: of obedience. Knox apple 28. 30 : and another: The greatest indignity is offered unto Jesus Christ, in committing his Church unto the government of the Common law, as can be; the Spouse unto the direction of the Mistress of the Stews, enforcing her, to live after the laws of a brothel-house: no question they have all their ends, and that blow has struck dead the Common Law too. It were true madness to ask the Devil the reason of his fall, the destruction of three Nations, could not hap, without a guilt as horrible to forerun it: we must than see what the Law has been, before the proscriptions of this unlettered Sylla: and in Law and sense it will appear impossible, that the substitute should call the author of his power to an account, Impune quaelibet facere id est regem esse. For though usurpers (careless of the example,) and seditions have gone far, yet let all their kennels be raked, even Spencer himself, with his damnable damned doctrines (as Calvins case names them) 
s R. 7.  will be found much short of this light; he knew but the way of the sword, by suit of law, says he, we cannot bring him (to that which he calls there reason) under; and to see how this was to be done, they encroach (as the statute) regal power over the King and his Ministers 
t Exil. Hug. le Spencer, which made him a traitor. . So to make an extraordinary power, it must be regal still, and the King's power, that must be used, though against himself: for it becomes not the subject to give laws 
u G●oss. Spelm. Ver. Forres. , it being against the Crown and dignity of the King, to deal in that, which they have not lawful warrant from the King to deal in 
* 2 Inst. 602▪ . The statute goes on, They exercise high justice, power of life, and death, taking unto themselves (still as there) the King's power, and the jurisdiction belonging to the Crown, in disherison of the Crown. The Lords forgiven, for the persecuting these Spencers (for the Father and Son went together) excuse themselves upon this reason: The Spencers having encroached Royal power, could not be attainted by process of Law 
* Stat. ne quis occasion. pro telon. fac. in prosecut. H. le Spencer, pat. & fill. : Nay, treason, ever amongst the Heathens too used to kill, by close stabs and poison, never by form. There is one only King amongst the Spartans, Agis murdered by the Ephores, (being first sentenced by those Ephores in the public prison, whither they had treacherously and violently drawn him) for attempting (as Plutarch) 
Plut. in Agis.  things highly brave, to the glory and dignity of Sparta, as the same Plutarch, their companies of strange soldiers had in horror the execution, a Sergeant weeps, but the King, tells him, he was of more worth, than those that forced him to dye thus unhappily, his Mother cries out, the too much goodness, sweetness, and clemency of her son, were the causes of his death. The fear of the Magistrates was not so great, but the Citizens had the boldness, to show openly they were much displeased, and that they hated the contrivers to the death, they call it the most detestable villainy that ever was committed in Sparta, since the Dorians first came in, and planted the Peloponnesse; they say, the hands of their enemies never touched their Kings, but if possible, would ever turn from them, out of fear and reverence, which they bore unto their Majesty. These Ephores (so extolled by Pagan Buchanan) were first merely 
Plut. in Clcomen.  the Ministers and Surrogates of Kings, in time of war chosen by them, to supply their place of justice at home: but (as it may be observed of others in some late reigns) by degrees, they encroached and usurped a jurisdiction distinct, and attributed the puissance sovereign to themselves, many Ages after the institution of Kings there. So that Author, who gives this censure of those insolents, The Ephores (says he) would 
In Clcomen.  they have carried themselves gently and modestly, had perhaps been more tolerable: but being obstinate, out of a liberty or power usurped, to suppress the Magistrate lawfully, and from all antiquity instituted, so far, as to banish some and murder others, without either form or order of justice, this (says the History in the person of the next King) is not to be endured. I shall not much trouble myself to fetch in the old Texts, (being every where in defence of these rights, to use those or others to the same purpose,) The King has no equal, by no means no Superior; the King aught not to be under man, but God, every man is under the King, and he under none 
y ●ract. l. 1. c. 8. Cawd. casc. 1. 5. Dau. r. 85. 2. Inst. 681. Finch 81. 1 H. 7. 10. . The King is the most excellent part of the Common wealth, next unto God 
z Ma●w. for. law 7 . The King is under no vassalage, he takes his investiture from no man, nor acknowledges no superior but God alone 
a Camd. ●rit. 105. . I will but note the inhuman injustice, That subjects apostatised degenerate into Rebels, grown not only as dangerous as enemies, but consederated to urge the hostility, contrary to all laws, as I have observed, should sit both parties and judges: and (besides that) the law is positive, no man shall be his own judge, 
R. 8. Dr. Bo●b. cas●.  but the King; and yet he (as Babington) delivers his own judgement by us or others his Judges 
b H. 8. 6. 19 charged upon the E. of Strafford, that he was both party and judge, Artic. 1. ,) there could not be one upon that bench, but was either to share in his power, or revenues. This they know too, if they acquit him, they condemn themselves, that very trial being criminal enough, and it being to be granted by all sides, that the arms of one of the parts were unlawful, be it never so cruel, so damnable, so mischievous a crime, the 
Plut. in Agis. Nimirum summi ducis est occider● Galbam.  King of Sparta shall find no justice, no eloquence shall protect him, no truth, no innocence shall save, they have sworn to destroy his power, and must secure themselves at what price soever, Majora deliquerant, quam 
In magnis printipum injuriis non incipitur ut desistatur, scelus sceleri viam emo●●it. Of R. 2. The Lords had certainly so behaved themselves towards the King, they saw th●y mu●● be masters of his person and power, or perish. Sp 〈…〉 616.  quibus ignosci possit: all experience, all history divine and profane, old laws, and new resolutions, might be raised against these furies: in a Council at Chalcuth in the Mercian kingdom, the inland kingdom of the Saxons, called the universal council of the English, a thousand years since wanting but 38, this Law or Canon we meet with, Let no man have to do in the death of the King, not communicate in it, because he is the Lords anointed. If any man shall join in such a sin, if he be a Bishop or a Churchman, let him be degraded, and cast out of the holy inheritance, as Judas from the Order of the Apostles, and whosoever consents to such a sacrilege, let him perish, in the everlasting band of an Anathema, let him be the companion of Judas the traitor, let him burn in those flames, which shall never extinguish, the doers, and they that consent with the doers shall never escape the judgement of God. Did not David, when God said, I will deliver Saul into 
1 Kings 24. 5.  thy hands, answer his Captain that urged him to kill him: Far be this sin from me, that I should stretch out my hand against the anointed of the Lord? he cut of the soldier's head, who protested he had slain Saul, and it was imputed to him for righteousness, and to his posterity after him. 
c Contil. Calcuthcas. an. 717. capit. ●●.  Thus the Council; and if Sauls person be sacred, all Kings doubtless should be inviolable, but a trick they have found out by that pedant, the greatest tyrant of his Age, of strength to put by the force of any piece of Scripture whatsoever. Tell them they must obey the powers, be subject to Princes, of Saint Paul's appeal to Nero, and admission of his jurisdiction, he replies for them, 
d Buch. de jur. reg. p. 50. 55.  Paul writ and did this in the infancy of the Church, when the Christians were few and weak: not one commandment or precept can hold against 
Llam. a Casulst. 389. of fasts, if a man have wearied himself, in breaking a house, that he might rob or kill his neighbour, or in muldplying unchaste actions, or in travelling to visit his Concubine, and finds himself unable, be is not bound to the Fasts.  these limitations, Thou shalt not steal or plunder may be meant from the Saints, and thou shalt not commit adultery intended of the sick; it cannot but be irreligious impiety, (though well enough becoming a Scot,) to persuade the World after so many years, that Saint Paul's Epistles are not more divine, but a temporising cunning piece of politics, for such they must be thought, if these interpretations be authentic. Hoel Dha, King of Wales, a Lawgiver in this Isse 700. years since, has this amongst his other laws, Rex non poterit secundum legem in lite stare, coram judice suo, agendo, vel respondendo, per dignitatem naturalem, vel per dignitatem terrae, ut optimus vel alius. The King according to law, cannot in any suit or trial, either become the actor or defendant, before his Judge, by his natural dignity, or by the dignity of the Land, as a Noble man or any other 
e ●n. H. Sp. council. an▪ Ch●. 940. : nearer our times after the Confessors laws were allowed, and the Common law began habitare latè, to spread, we find this law, Let no man judge his Lord, or give judgement upon him, whose liegeman he is 
f Leg. Hen. 1, ●32. ●. c. 75. 83. . In the learned speech, at the trial of the Jesuit of the Powder-plot, it is said, when the Scots would refer all differences, betwixt our King and them, (I think Edward the first is intended,) to the Pope's decision, the Peers refuse to consent, because (so they) in things of that quality, (For they concerned not the Church) Their King was not to make his answer before any Judge whatsoever, either Ecclesiastical or secular 
g E. of North. Spe●ch. : as Speed, their King was not to answer in judgement, for any rights of the Crown, before any Tribunal under Heaven. Erubescit lex filios castigare parents, is the Common law Maxim, in Dr. Bonhams case; where the College of Physicians in London, would take upon them, to judge and try the sufficiency of a Doctor graduated in Cambridge. Little streams the goodness and clearness of the Fountain, enough to put the Law to her blush, (as the rule,) to see the children correct the parents 
h R. 8. 11●. , This God commands in the holy Scriptures, this the Law of Nature dictates, that every subject obey his Superior 
i R. 7. 1●. , than not try and condemn him is easily employed. In Crompton, the L. Cook, the Diversity of Courts, Annals of the Laws, or others, Let them but show, the footsteps of their High Court of Justice in any of them. 
Sup. 23.  All are the King's Courts, the Parliament itself, is his Court too 
k 33 H. 6. 18. ; that they may not persuade the ignorant, that he can be meant by any general penal law or statute, he is not within the words, High and great men, in the Act of scandalum magnatum, but above them 
l a Inst. 228. Dy. 155. : as before, no statute binds him unnamed 
m SuP. 43. : and which of them all have made rules against the King, or subjected him to a trial. Vindicta est mihi, all revenge must come from God or his Lieutenant the King, in some of his Courts of justice 
n a Inst. 103. : The use of a King is not only for the defence of our bodies and goods, but of the Law too. 
o Fortese. c. 13.  The Laws are received, allowed, and put in practice, by the King's authority 
p Postnat. 36. ; and besides the greatness of these benefits, (enough to set as high a price on him, as those Israelits did of their David, who cried, thou art worth 
1 Sam. 2.  ten thousand of us,) those other ties 
R. 7. 4. 1 R. 7. 13.  of reverence q, obedience and ligeance ʳ, should preserve him from being thrown into the common misfortunes of other men, and from appearing before any bar as a prisoner, where those Judges sit who are authorised from himself; were his life so cheap, the Law would every day want the soul that should actuate it, the name of a Prince would be most contemptible: and if the refractory contumacy and ignorance of the English increase awhile (which ever▪ go together) a week will be a long reign. The Lord Chancellor Egerton in Calvins case, says, he holds Thomas Aquinas his opinion to be good, which is this, The King is free, and not bound by the Laws, as to a coercive or forcing power, as to a directive power he is bound by his own consent, who shall say unto him, what dost thou? 
u Postnat. 106. Eccles. c. 8.  In the first of Henry the fourth, there was a Council of Lords, such as had been instruments of the new usurpation, (we may be sure the Law was not much heeded, not much sought after) the Earl of Northumberland of the name of Piercy demands, what were to be done concerning the life of Richard the late King, than called Lord Richard (and not Richard Plantagenet barely) that worthy Prelate (as the Chief Justice) 
* a Inst. 635.  John Marks Bishop of Carlisle spoke thus, They aught not to sentence the King for these causes; First, Their power could not reach him, he was their superior, and the Lords anointed. Secondly, They had obeyed him as their King twenty two years. Thirdly, The Duke of Lancaster had done more trespass to the King and his Realm, than the King had done to him or them: he desires the names of those that would proceed against him, might be entered into the Parliament roll. The stout and resolute speech of the worthy Bishop took some effect, says the L. Cook ˣ. The Lords vote upon it, they would by all means that Richard's life should 
1 H. 4. 101. Parl. nu. 73.  be safe: but it appears more fully in another place to be the opinion of the Lord Cook, that this Tragedy of Richard the second, (so much loved by late rebellions) was treason and rebellion. 
* All the Judges of this opinion for R. the ad. and E. the ad. their cases in that E. of Ess. case. Camd. El. 100L. The statute which declares E. 4. his title, says Hen. 4. did timorously against his all giance, rear arms against R. 2. 9 E. 4. 9 3 Inst 12. inf. 85.  2. For the Lord Cook ask the Earl of Southampton, arraigned with the Earl of Essex, whether to seize the Queen's Court armed, with a design to be masters of her person, were treason or no: and Southampton demanding of him again, whether he imagined in his conscience they would have offered violence to the Queen? the Lord Cook replies, You would have done what Henry of Lancaster did to Richard the second, he came humbly to the King, under pretence to remove evil Counsellors, but having got the King into his power, spoiled him of Realm and life 
y Camd. El. 797. . There is but one unfortunate Prince more, who can serve for an example, and for imitation to Rebels, (for Henry the sixth lost his Royalty to the justice of Edward the fourth's titles,) and that was Edward the second, 
* 3 Inst. 12.  in whose History adultery, and not law is legible, and an Aegisthus and a Clytaemnestra, act in every Scene, yet notwithstanding his dismissing himself of the Crown (as it is 
4 E. 3. 101. parl. nu. 5.  called) his murderers had the judgement of traitors.  
Those that are Judges in Parliament are Judges of their Peers, but the King has no Peer in his own land, therefore he cannot be judged 
z 3 E. 3. 19 Glan. l. 7. c. 10. Stamf. cor. 153. sup. 47. Stamf. 5. , (as Stamford) by them, as the Book. That he has no Peers is evident from that statute of Eliz. entitled, An act for the assurance of the Queen's power over all estates 
a 5 Eli●. . They must first depose him than: For as King he can have no Peers, and so cannot be tried: and if they do depose him, (which shall be proved hereafter illegal and 
* Id possumus quod jure postumu●. The law would have us think every thing impossible. that is unlawful. Swinb. test. 225.  impossible,) than is he judged and punished before they have found him guilty; yet the Judge must not be easily discovered; the life of man as one, which of all things in this world is the most precious, aught to be tried before Judges of learning and experience in the laws of the Realm 
b 2 Inst. 30. , and every Judge must take his authority from the King. 
c Stamf. 55. Bract. l. 2. c. 2●. The Judges have been styled ministri regis. W. 1. 25. 1 Inst. 207.  No man, not of the King's faith can be a Judge, nor any man that has 
d 3 Car. 1. Opinions of this Parliament contrary to their actions.  not his Commission from the King *. And as the Petition of Right, No man aught to be adjudged to death, but by the Laws established in your Realm, the customs of the same, or by Acts of Parliament. The fift Article against the Earl of Strafford, charged him, To have used a tyrannical government, not only over the lives, but also over the lands and goods of the King's subjects, against the seventh of H. 6 (say they) which provides all matters to be determined by the ordinary Judges. The fifteenth Article, To have inverted the ordinary course of justice. The House of Commons, it should seem, when they took such care, to frame their Articles out of the matter of such corruptions, were th●n of an opinion, that these practices were abominable in others, and in such crimes to be suspected, was to be capital. There are the new Gnostics as well as the old, who are always clean and the spiritual: and though there may be sins for others of a more unworthy Clay, yet every thing must turn to gold at the touch of their fingers; the same Commons in the sixteenth Article against that illustrious unfortunate, are very angry, That he had 
Eandem virtutem & oderant & mirabantur.  taken upon him (so the Article) a royal and Independent power; and in the ninth, That having established his arbitrary government, his next design was to make intrusion upon the 
The Article applying to his own use the public revenues, to be more able to accomplish his d●stoyal intentions, withdrawing sums from the Crown, as the close.  Crown itself, this they add, being a crime of a higher nature than his others, those being done against the Subject only, this against the King himself; as in the close, having weakened the King, and prejudiced the subject of the protection, he was to expect from him; I wish the Commons had been of this judgement to this day, and that it were as fatal to act these Articles as it has been to be accused of them, than had no intrusions been suffered upon the Crown, the King had not been so weakened, that he was not able to protect either his subjects or himself; crimes of Majesty against the King himself had still been the most heinous, and a royal power had been independent yet, nor had wanted our arguments, more than subjects bound by nature, and oaths, persuasions to keep themselves honest: how many repent themselves of their London faith, and giddy zeal, being the converts of experience, the mistress of Fools? as they say of Calvin, Can he have foreseen what mischiefs were to accompany his Presbytery, he had never set up this standard of Christ, (as blasphemously they call it:) so perhaps had Mr. Pyms spirit been ware, how far the flames would have ascended, he had never tied the Fox's tails. But to keep my way. Though the Commons are changed, the Law is the same still. The King's person is subject to no man's suit. Stamf. Prerog. 5. If the King enters any man's land, there is no remedy but by petition 
e 4 E. 4. 9 . If he kills any man, there is no remedy, yet is it ill done, as Judge Weston 
* Com. 247. , in the third of Eliz. (a Princess, who among 
Sr. Rob. Aunt. , her people got the name, of most gracious and popular, and as a woman, could not be like to pay for the opinion:) The King cannot be attainted, not not in Parliament; yet all judgements in treason and felonies, and attainders follow one another. Henry the sixth, after his inchoation or reception, holds his Parliament, though attainted before by King Edward's Parliament, and disabled as to the Crown, 
f Br. parl. 105. , his new gained Royalty made all this voided, (though that Royalty was never the jure, but de facto only, never of right. It was Brutum fulmen a flash of weak malice, and a poison which could not hurt: if the attainder of a private man falls of alone, at the access of the Royalty descended 
g 1 H. 7. come. 2; 8, I●st. 16 Fi●z. ti●▪ parl. 2. Br. 37. come. 244. , and it be granted that criminal causes cannot disable the descent, or accruer of right, less can they disable, when it is descended, which right no order of men can blot. In the King (says the Law,) is imaginable no imperfection, no infamy, stain, or corruption of blood 
h Finch r●q. ●●. . If a few Commoners can judge the King's head, I may use Pliny's censure of the sentence, A Roman of quality being murdered by his own servants, No man now (says he) can be secure, because he is mild and remiss. Non judicio Domini, sed scelere perimuntur, 'tis wickedness, not judgement which destroys masters. But to consider farther, 
Stam●. Cor.  all indictments run in the King's 
Dalt. Just. L▪ Edw. Cons. c. 35.  name, the peace is his peace, all felonies are against his Crown, all treasons against his Crown and person. No man can be attainted of high treason, unless the offence be in law high treason 
i 4 Inst. 39 . There is no treason but such as is declared in 25 of Edward the third 
k Rast. Treas. 20. . The reason that no Writ ever lay against him, is from the absurdity that he should command himself 
l Stamf. prerog. 42. Bract. l. 3. co●tra q●em compe●ir. ass. Finch 255. M. Finch 83. . No action lies against the King, for who (as one) can command the King ᵐ, both which difficulties were easily removed, had a supreme name, and primum mobile, been any where in nature discovered, to which he was to submit: but the Law never went so far, never coeli ultra solisque; vias; If any man ask for a late positive law, I might reply, as he did, who was bid to produce a decree against Parricide, That there was never any such sin committed in his Commonweal. Our forefathers would not forespeak their posterity, nor could they divine their own blood should so much corrupt; The Commons of England (as in some Creeds) being ever exemplary for their tenderness of their King's dishonour, and maintainers of their Sovereignty 
m Dau. 1. ●6. . But I answer, this Act is ●gainst every statute, every Law of treason, and as much beyond known and common treason, as a private man is beyond a common Homicide, who intending the murder of his father will personate the Judge's part, and formalize a wicked ceremony first; which yet had not needed, their Patriarch Muncers Letter had been enough killing alone, whose doctrine it was, That all Judgements 
Muncers bible must have Muncers interpretation.  civil must be by the Bible, or by revelation from God, and that all in dignity must be equal: the first treason in the statute of treasons concerns the King's death, the compassing of that 
n 3 Inst. 3. 6. E. of Ess. case. , 'tis true, more than compassing or imagination, the statute has not; yet if getting the King into their power, or imprisoning of him, if Gunpowder, as well as Armies or Poison, be within the word, or its sense, with as good a reason is a trial, within that sense, it being (we find) as quick a way to destroy as another: Compassing is certain, and enough; the ways, and Medea's which several Traitors should invent or use, could not be declared or thought on, under prophecy, which is conquered too, or was ever due   

to the side: but it appears, resisting Mr. Cromwell, was to make an exception: and this statute was to hold but till his sally: a summer or two hence we shall know more of that: but if resistance be so mortal, what Prince generally since the Saxon plantation, nay, since the first day of rule, is not within the danger of a trial? It is a rare treason, and not every where read, that a King must be supposed to commit against his own sworn liegemen and homagers; a treason never met with, in any Author, Christian or others: Majestas laesa, Majesty violated, is all the treason, the genus of all the treasons, that any law civil or municipal takes notice of; this Majestas Laedens, or Majesty violating, is such a treason as Trebonian never dreamt of, Fitzherbert knew nothing, the Lord Cook never heard a word, and which a man must be religiously mad to believe, treason in all books being a crime done against the dignity, greatness, power, and security of the Prince in a Monarchy, of the Magistrate in any other government of the people, a● seditious Athens heretofore. I have observed one treason objected against Richard the 2d, a treason not thought so now, and not full so senseless as the last, which was treason against the rights of his Crown. The Rochellers 
Sieur Per●.  before their last siege, declare all men traitors that do not adhere to their assembly, which was a very pretty French treason: nor is it any wonder the King should be called a traitor, since Mr. Cromwell may perhaps think himself (like Hacket with the discipline) the King of Europe; and that 
John of Leyden, Emperor of all the Earth, to destroy all Kings, Sleid.  Presbyterian Prophet, more blasphemous than Mahomet, assumed our Saviour's natures and would be Christ himself 
o Camd. El. 580. li Conspirac. for Presbyt. discip. . Further, since holy King Charles is charged with murder, and offensive arms, (though we may charge this charge in that of Paterculus, Expediebat facto parricidii Caesarem tyrannum appellari, it concerned them that designed treason against him, to call Caesar tyrant:) one word of those arms: have we not seen which army was first raised? whose Commissions were first issued? and (what is the very sign of sedition and rebellion,) the people courted; modest and calm dissentients reviled, and posted? the Prince, the Arcanaimperii traduced, and laid open? Fables and lies, as idle as the Sermons in every man's hands; the factious Citizens, that would be wise because they are rich, pour out their unrighteous Mammon, arming against their own good fortune, and driving away theirs, and the Kingdom's prosperity, sacrificing themselves, and the fruits of so many years' peace, (which yet they aught to a most pious Sovereign, and the blessed rule of his Ancestors,) to the cruel Furies and irreligious covetousness of the five Members, and a few malcontents, as to wicked spirits? Religion being become Faction, obedience to God's Ordinance, Malignancy. The Scriptures and the 
Hoc terum statu a regils partib. stare pro crimine pe●duellionis habebatur. Thuan.  Laws expounded against the Texts, suppositions of an imaginary fundamental invisible government, jealousies and fears 
* Cavendo ne metu●nt, metuendos ultra se efficiunt. The King never in any demands sought the bettering or increasing his j●st rights, but to preserve his own, which alone proves him the defensive. , without either faith or charity, blowing the fire of a Civil war, propositions and demands to their liege Lord, so unreasonable and unjust; it was clear, they neither cared for peace, nor would be contented with the buckler, the King sometimes abandoning his friends, his strengths and revenues, saw his Forts surprised, his domestics, and most intimate Counselors too corrupted, and bought to betray him, his Magazines seized on, full alarms, and signs who began: Nay, their General, the Revelation rider of the read Horse, (according to the Mufti) had not only listed the Butchers, and the prodigal sons of the town, but was got to horse ere the Royal Standard was advanced. Something strange, the defensive part should march to Shrewsbury and Edgehil, to find out the offensive, when all law, bids the defendant draw back, and not strike, but when he can retreat not farther, Defence being instantis vel imminentis offensionis propulsatio, the repelling the force that is over a man's head, that is imminent; and were arming criminal, yet necessitas inducit privilegium, necessity excuses, nay, takes away the guilt, as a Woman kills the assailing Ravisher, 'tis justifiable 
p Eac. elem. 25. r. 10. 61. 2 Inst. 326 , since any man may be the offensive lawfully, when 'tis unlawful to defend, as to strike in dedefence of a man's goods 
q Kel. 92. 9 E. 4. 28 Bald. Sect, si fur de su●●. : They know in their consciences, and shall with confusion of faces one day give an account for it, who were the defensive, in these broils▪ but either offensive or defensive, as to precedence of time, who heaped up, the provision of powder, and matter of conflagration, it is visible: Nor can any Faux seem defensive, if the King shall fall upon him, and not stay his time of giving fire; and to build a civil and a Church-war, upon no other grounds but the sands of Utopia, and I know not what fictions of distrust, the raging of the waters, and the madness of the people; they have won by the sword 
Their expressions.  and will rule by it, indeed shows their whole history has more of the sword than spirit in it, and possible, they that take so much of the sword may perish by the sword: but this is but untimely piety, all our reasons are Physic to the dead, we have seen this crystal of Majesty, so long beset with the quick fire of zeal, it is at last dissolved into the original drops, we have seen this royal Argo, rob of her fleece and sails, split her naked ribs upon the cliffs of her own unnatural shore, and like the Persian raving, we lash the sea, accuse the desperate Pirates, and confute the storm, and reasonably enough: they who have been covetous, rather of height than innocency, shall be told at what price they have brought this flaring brittle greatness, and the careless lookers on be shown, some of the glories of that gem, which they unworthily have thrown away: I will conclude this discourse, with this character, of the King of this kingdom, 
r 2 Inst. 198. 3 Inst. 5. Ins. 8●.  The King is the Father of the country, and the head of the Commonwealth; and a great Historian asks, Who ever liked that body long, whose head was taken away?  
It is now to be considered, (for in 
Royal Dures  the King's trial Monarchy itself, they think has received a very kill sentence,) 1. Whether force (himself out of fear consenting or not) may extort this this royalty. 2. The King may freely part with it. 3. Or the people require it from him. If none of those can be done, (and we know the two last needed not have been mentioned, or thought of, being neither of them likely to hap, which therefore makes the concession more easy,) than we are sure this right is not cut of with his head, but descended to his eldest son the now King: Dures which is a compulsion by menace of death or personal hurt, and by all such acts as include the danger of death, present or future, no doubt may reach the King: the person being King 
s Calu. r. 7. , he may be awed, and frighted out of his rights, as much as other men; nay, be awed to speak his traitors good, and justify those thrusts which have run him through. There is a Parliament Roll termed Rotul. contrarientium, for that Thomas Earl of Lancaster, siding with the Barons against Edward 2. it was not safe for the King to call them rebels or traitors, but contrarients, such was their power: an Historian in R. the 2d calls the five Lords, one of which dethroned the King after, the King's Lords, for (as he) they were more masters than the King, having drawn up 40000 men to awe him in the Parliament, of which hereafter, and sent him word, if he came not quickly, they would choose a King, who would and should obey the Council of the Peers, yet is the King forced to acquit them by Proclamation, and note their accusers for unjust: 
Paris. Hen. 3. 960. 836. Ibid.  How often did Bigod and Montford belie the third Henry to his face, Earl Warren answer a quo warrant●, with his sword drawn in the full Court; Clifford forces the King's Messenger to ●at the king's Writ, wax and all.  
Nay, they placed 24 administrators over him and the kingdom, when he was above 50 years old, swore him 
M●t. West. H. 3. M. Par. 970.  to their new Ordinances, threatening death to all refusers, left him nothing but the upper room at meetings. All Ages have shown some pieces and types of this Cromwell, but the Common law would not so much as seem to force the King, not not in those acts, which ought to flow from him of right ex'debite justitiae: he that was a Clerk convict, who had made his purgation, might have had a Writ of restitution for his lands, etc. which he was to be restored to of right, yet the Writ ended with this clause, sine delatione restituas, etc. restore of our special grace, etc. words used merely for the honour of the King 
s N. Sr. 66. reg. 68 . He that kills se defendendo, aught to be pardoned of course, by the Prince, yet says the statute, if it please him 
t Stams. cor. 15. stat. Gloc, c. 5. , these being words of reverence to the King, as the Commentator 
u ● Inst. 317. , and again, in some cases, when the King aught ex merito justitiae, out of duty of justice, to make restitution, to the party, yet for the honour of the King, the Writ saith, Without delay, of our special grace restore, which derogates nothing from the right of the subject, when right is accompanied with grace; 
* 3 Inst. 241.  and if it be treason to take the King by force, and strong hand, and to imprison him, till he hath yielded to certain demands, as a sufficient open act, to prove the compass and imagination of the death of 
x 3 Inst. 12 Hil. 1. Jac. Wats. Clerk's case. Sem. Priests. E. of Ess. case, An. 1601.  the King *, (resolved thus as the Lord Cook, in the case of the Earls of Essex and S. who intended to have taken the Queen into their power, etc. And so (as he) by woeful experience, in former times it hath fallen out, in the cases of King Edward the second, Richard the second, Henry the sixth, and Edward the fifth, that were taken and imprisoned by their subjects: this appears more plain by the legal form of an indictment, the first part of which alleges, the death and destruction of the king to be compassed and imagined: the second part alleges the open fact, as for preparation to take and imprison the King, etc. 
y 3 Inst. ubi sup. ) Than necessarily a King cannot be bound, to these demands, got from him by the treason of the agents, more than contracts upon the high way, betwixt desperate armed robbers, and honest travellers, can be effective, otherwise the Law should admit him in a worse condition, than his subject who cannot be bound by any such act ᶻ; which were absurd 
a 2 Inst. 433. ● Inst. 15. 16. , since all his grants too are voided jure regio, by royal right or law royal, when he may be thought deceived 
b R. 2. 32. R. 11. 86. , much more here his grants, being ever construed with favour 
c R. 1. 41. R. 7. 11. Hub. r. 314. . Yet I know there is a rule too which half crosses this, to this intention, That the royal grants shall be expounded beneficially for the Patentee, and to be effectual for the King's honour 
d R. 6. 5. 118. 77. . This is to be meant, when they cannot be thought suspicious of any such deceit, (for he deceives himself, that thinks to deceive the King, says the Law 
e R. 11. E. of Deu● case. .) And I am content the rule shall hold, in this case of force too, if any man will think it honourable, that a King should be thus forced: and were this consent given in Parliament, yet had not the violence been purged, but had still been traitorous and void, according to 
Eup. 29. 35. 34 Inf. 1 Graf. R. 2. postn. 18. 56.  those Judges ᶠ, the difference only, that the injustice thus is more publicly done, neither the place nor those that sit there, (be they never so sacred,) being of virtue to change the nature of the actions, Caesar being as much murdered, and as traitorously, in the Senate, by the stabs of Senators, as if he had been struck in the basest street, and by more ignoble hands: and further, if it be treason in all orders of men, to attempt against the King's life and free power 
g 1 Inst. 12. , th●n he that strikes him through, or binds him, yet forcing him to use his own hands as instruments of his own harm, is guilty of the breach of this Law, & place or quality do nothing: As if a slander by strikes a third man with my hand, I strike not the blow, but he that moved my hand 
h Hub. 181. . The story of the Pirate's ship, and Alexander's navy, may notion any violence, and whatsoever is taken, either by a multitude or a single Purser, either rights or honour, as well as money and things, besides it is commanded by a King in Parliament, and enacted that in all Parliaments, Treaties, and Assemblies to be made in England for ever, every man shall come without force, and without armour well and peaceably. To the honour of us, and the peace of us and our Realm. 
i 7 E. 1.  But this King according to the fate of of his best successor, neither found honour nor peace at this rebellious assembly; the essential sense of the word not being to be found in either house, no man having the boldness to speak a word, but what the King's Masters inspired; a Parliament followed the twenty one of this King, of the same judgement with those Judges, who pray, the Commission extorted in decimo of this King, may be annulled, as a thing traitorously done: For of the Parliaments, which forced this King to the peril of his life, Speed calls the first 
V Speed 615. 626.  Seditious; Sir J. Davies, in the Preface to his Reports, the second, Unruly, even to attempts, of introducing the trials of the Civil Law in causes criminal: I grant this of 21 was repealed by the 1 of H. 4. a rebel in the 10 and 11 of R. 2. and an usurper in the last, so that as to the reason of things, his repeal cannot weigh much, he being an actor in those factious violent assemblies, and so is the judge of his own case and beginning his usurpation, upon the foundation of those seditions, we must not look for much equity, in those judgements, in which he was bound, to maintain and justify his own party and those proceed, though with the condemnation of Richard's whole history, and some diminution of the rights of the free Crown. It may often hap too, that it must be madness to believe a Parliament: the first of Richard the third, bastardizes Edward the fourth's posterity, to flatter a tyrant; but what historian since, ever fixed a truth upon this act, Elinor Butler was supposed, as appears by Parliament roll, contracted to Edward the fourth, but how true (considering the time and occasion) we leave to others to judge, says the Historian. Concerning the Wives and succession of Henry the eighth, what changes and contradictions do we find, in the Parliament Declarations, First the marriage with Katherine is voided, that with Anne good 
i 25 H. 8. 52. . Than the marriage with Anne of Bolein is disclaimed, divorces with both those w●ves confirmed, their issues made illegitimate 
k 28 H. ●. c. 7. . The 26 which 
l 26 H. 8. c. 1.  commanded to swear to Q. Anne's heirs repealed, than the Crown is entailed orderly to La. Mary and Elizabeth 
m 35 H. 8. c. 1. , who than must be both legitimate, which cannot so easily be understood; Apollo though he miss the truth as much, yet kept his credit better, for his Oracle ever went to two or three tunes: but to go on, I know the Chief Justice brands the Judges of this reign and opinion bitterly: but this may be attributed perhaps to the providence of his fears, jest this force might come to be pretended every where 
* The King in Magna Chatta grants by the words, Of our good and free will, because k. John sought to avoid the same grant, as made by Dutes. 2 Inst. 2. , and so all concessions of Ages retro be made uncertain: but were the Law declared otherwise, to what calamities and rapines would the Crown be subject? What Antiparliaments, or Parliaments of my L. of Essexes summons, should 
E. of Ess. would have summoned a Parliament. C●m. El. 794 L. Cook.  we be used to? and rather than fail of their ends, as one of that conspiracy, they must draw blood from Q Elizabeth herself, like that sea of Florence, 
Sr. Ch. Blunt at his execution. but he says not by trial, or otherwise.  our government would change at lest seven times in an Age: there would be no end of ask, while any thing remained to grant, especially it being lawful to force; requests would be heaped upon requests, every thing would be thought due, that could be had: I will oppose a most learned Chancellor against the censure 
n . , who says of this reign, and these Judges, Our Chronicles talk idly, and understand little, Than power and might of some potent persons, oppressed justice and faithful Judges, for expounding the law sound and truly: I will produce a most wise rule of King James', to try not only those statutes of 10 and 11, but all laws else, it is this, In all, either custom, or example, the times are to be looked upon, when th●ngs began, in which, if either confusion or ignorance bore the sway, it derogates much from the authority of what is done, and renders every thing suspect: and we know Silent leges inter arma, let the Bar sound as loud as it dare, yet the Drum sounds louder, and drowns all. In the time of Edward the third, one claims a Warren by Charter, of the King's great Grandfather, Aldenham asks, how this Charter could be allowed, For Henry the third was imprisoned, and forced to make many Charters 
o Cas. in it intem. E. 3. pl. 50. ; the Barons were out of their wits than, as our Janus 
p Dr. H. Sp. glos. : if the Sheriff return he is resisted in the execution of the King his Writs. This is disallowed, because such an answer does much redound to the disgrace of our Lord the King, and his Crown. So the statute 
q W. 1. c. 39 . The Gloss, That which is to the disgrace of our Lord the King, is against the Common law 
r a Inst. 1●3. 414. . Than we may add, no reason it should bind, and no body can deny, but the procuring such concessions, by such ways, is to the disgrace of our Lord the King: this were upon the matter, to make the King a subject, and to dispoil him of his Kingly office of royal government 
s 2 Inst. 12. E. o● Ess. case. , as the Chief Justice, it being manifest rebellion (as the Judges in the E. of Essexs' case) to force the King to govern otherwise than according to his own royal direction, and for the Subject to put himself into such a strength that the King shall not be able to resist him 
t E. of Ess. cas● . Nay, subjects by power aught not to take upon them to remove evil Counsellors ᵘ, pretending reformation to altar Religion, Laws, etc. This being levying of war against the King, because they take upon them Royal Authority which is against the King: and because the Pretence is public and general 
* 3 Inst. 9 , such violent force of great men being anciently called, Felony against the King's peace 
x Sta. Ne quis occas. pro prosec. H. ●e Despens. : but an objection there is found in the Coronation Oath, out of these words in it, Leges quas vulgus elegerit, say the objectors, he is sworn to the Laws which the people shall choose, and so must be obliged to refuse nothing, force or no force is no matter: this were a strange slavery to be sworn to by a King, let him be of Sparta; with what righteousness and judgement, (notions considerable in oaths,) can such an oath be taken? who can swear farther than for himself? the performance of things in his power, and to be approved by his own judgement rightly informed? They may choose Laws against the Church, and all the old Laws and liberties, granted, as the first words of the oath, by the ancient, just and devout Kings, which if he consents too, he should swear implyedly in the latter part of the oath, to break what he had sworn to in the first part: but since the old laws in the first sentence, and the Church, and Laws after, Quas vulgus elegerit, may all stand together and agreed in the Oath, it must be intended of the Laws which the people has chosen, and which we know may agreed with the rest; see the full words, Sir (says the Archbishop) do you grant the just laws and customs to be held, and do you permit them to be protected by you, and strengthened to the honour of God, which vulgus elegerit according to your power, if it must be, which the people will or shall choose, than indeed it were not material (which has been 
Negat. Vo●●  the practice of all Parliaments) to seek for his 
* 2 Inst. 741. 4 Inst. 25. 33 H. 8. c. 21. 33 H. 6. 17. Cromp. jur. 8. 3 Inst. 58. 1 Jac 1 2 Inst. 65. 100 Graf. 37 H. 8 p. 1279. 4 Inst. 176. D●. Th. Sm. resp. Aug. 169. 181. 182.  assent: this blind grant beforehand, without either knowledge or understanding of the subject, might serve the turn; the oath in the old abridgement of statutes set out in King Henry the eights days, cited by Dr. Cowel, and his most unconscionable Plagiary, speaks thus, The King shall grant to hold the Laws and Customs of the Realm, and to his power keep them and affirm them, which the folk and people have made and chosen. The sense of this part of the oath is enough manifest by the Lords and Commons in the twenty fifth of Henry the eighth, directing their Declaration to the King 
y 4 Inst. 342. ●. leg. Edw. the Cont. 17. , and full satisfactory against this objection, say they, This your Grace's Realm, recognising no superior under God, but only your Grace hath been and is free from subjection to any man's laws, but only to such as have been devised, made, and ordained within this Realm for the wealth of the same, or to such other, as by 
* What need those words, if the Vulgus elegerit bewil choose. no need than of his sufferance.  sufferance of your Grace and your progenitors, the people of this your Realm have taken at their free liberty, by their own consent to be used amongst them; and have bound themselves by long use and custom to the observance of the same, not as to the observance of the laws of any foreign Prince, etc. but as to the customed and ancient laws of this Realm, originally established as laws of the same, by the said sufferance, consents, and custom, and none otherwise.  
The second. Whether the King 
The King's free dissolution of himself  may freely cast himself or his Royalty rather from this Pinnacle of Majesty, is now to be considered. These two last Discourses may easily run into one another, and flow together. For if he stands too high for the people's reach, than cannot he loose, or extinguish, by the unnatural rashness of his own hand; he being to watch as a most illustrious Sentinel, upon the top of that Tower, where God and the Law have placed him, till the same great Master of Nature calls him of, that unction which renders him sacred, making him so, within and to himself, like the character of Order, or Priesthood, too inherent, and internal to be scraped of at the finger's ends; & not to be cut of as Samsons strength with his hair. And anointed he is with holy oil too 
z Rep. 3. Caw. ●●. Dau. r. 4. 33 E. 3. Fi●z. Aiddel. roy. 103. , and not only capable of spiritual jurisdiction, but a mixed person with a Priest. Nor is that all, that he is anointed, he is Christus Domini 
a Concil. Sax. 2●6 , the Lords anointed, a sacred notion, thirty three times met with in the holy Scriptures, and ever a character of Kings; Bishop Andrews challenges, Bellarmine, or Tortus, to show one place where these words were taken otherwise; for there are no enemies so much to these texts as the Puritans amongst those of that fide, or of any other Church's) his power is than from above, from by me Kings reign, and he can neither touch himself, nor can others touch him, he is Christ's Vicar under himself, by the Doctrine of our ancient Church 
b Bede Weelloci ●51. hom. 34. cired 11 E●. Conf. 117. , in our Law, God's Vicar, his Minister, the Vicar of the eternal King, he binds himself in Jesus Christ's Name by his Coronation Oath 
c Bract. l 2. in Stamf. cor. 99 100 : Another, being immediate under God, and therefore carrying God's stamp and mark among men, and being, as one may say, a god upon earth, as God is a King in Heaven, he hath a shadow of the excellencies that are in God, in a similitudinary sort given him, God's excellencies and honour partly stand in things incommunicable to others, partly in such as after a sort the creatures may partake of, both which the King is said to have, some in truth, other by fiction, all by similitude, from the divine perfection 
d Finch 81. . The relations betwixt the King and subject are not made by themselves, the Law in Calvins case says 
e R. 7. 12. 13. , The law of nature is part of the law of England. The law of Nature is that, which God at the creation of the nature of Man infused into his heart for his preservation and direction, this law is eternal and moral, written with the finger of God in the heart of man: as God and Nature is one to all, so the Law of God and of Nature is one to all, and by this law of Nature, is the faith and obedience of the Subject due unto his Sovereign. The moral Commandment, Honour thy Father and Mother, extends to the Father of the country; Kings decided causes not tied to any formalities of law, and the faith of subjects was due unto them, before any municipal laws: For in vain had it been to have prescribed laws to any, but to such as aught obedience and faith, in respect whereof they were bound to obey and observe them: The Chief Justice concludes this discourse, The very law of Nature never was nor could be altered or changed: It is certainly therefore true, that laws natural are immutable ᶠ, and faith and obedience due by those laws cannot be changed or taken away. So that book, and were it true (which yet has not been done) that the supreme power may dissolve itself, but bind itself it cannot, 
g 7. Calr. case.  yet how 
q Bac. Elem. 67.  can this be performed? This Majesty this supreem power changed into a derivative flood, must empty itself, into some Ocean of power, and dye there, swallowed up by surrender or resignation; For extinguishment or consolidation, and the cases of Lord and Tenant are earthly names and made up of tenors, the tenant owning an estate in the land, and the act of the Lord enuring to destroy the onus or servitude of the Fee, in the oath too to such Lords, Faith to the King was ever excepted, but the relation betwixt the King and Subject are personal and within, as those of father and son of natures making, whose laws are immutable, and must be much above these parallels; And for the example put with the rule, it does not prove it home, For the King (says the book) may by consent resume the power of Parliaments, which once by lex regia he did enjoy, but 
Sup. 31. 37  how is the supreme power destroyed here, The King alone is supreme, The Parliament a supreme court only as he is there the head, so that concurrency of consent and action by the Lords, and Commons, is only resumed and restored to the primitive fountain of the Supremacy, and his rays contract, and return to their own body, which shined scatteringly and by Communication of beams to lesser spheres before. For supposing this exorbition, it will require revelation, to guess, what estate our Kings have had in this Sovereignty, and in what Treasury the Supremacy itself has been lodged in all this while, if that be not it, which has been so often sworn to; if the resolution of the Judges be the highest authority in law, 
h 2 Inst. 601.  if they sit over and on the top of the laws, 
i hub. 486. Postnat. 22. 23. 19 20.  in Parliaments too (where they are not mere woolpacks) 
k Stat. de big. c 1 4 Inst. Cap. Parl. See their writ. Sup. 22. 23.  If acts of Parl. too be of any force, than the fountain of the King's royalty is within himself, his honour, and justice, and mercy, which comprehend all the rest are his own, ˡ he is summus 
L. Coke. 237.  Dominus supra omnes chief Lord over all, 
m 2. Inst. 501.  and if out of these reasons K. John's resignation (were there any such thing) to the Pope and Pandulpho, as to those from whom he had never received, was uneffectual and invalid, what need these objections be so frightful? for though it be imagined, the reason of the invalidity truly, because the Lords and Commons had not consented, yet 
40 E. 3 rot. pat. ●u. 8.  could this be no reason than, where there was neither Parliament nor Commons, as in use since, and however, the Lord Cook in the very next words condemns such a consent, as against Law and Custom of Parliament, 
n 4 Inst. 14.  so that exceeding its own Laws, the consent is lawless and infirm, than this cannot be the cause, why the resignation should be invalid. It seems the Pope demanding Homage and Tribute of Eward the third, from that supposed act of King 
Of all kings the lying Monks most ●●osed king John.  john, or resignation, (which resignation has been pretended to be burnt at Avignion, and never yet shown, so that some think King john never either resigned, or paid the pensions 
o ●i● Thomas More sup. of so●● Camp. Camp. hist. of arel. l. 2. ●. 3.  gave that reason for an answer, (it being familiar in those times to speak of ages past, in the language of their own) yet another reason they give, which is more pertinent, That such ● resignation was against the oath take● at his Coronation, P and though there are those, who neither weigh perjury in themselves or others, so it be to their advantage, yet is the King as much swron to preserve the rights of his Crown, as the Liberties of the people, nay the Crown has the first place, and stands next the Church, so that out of Conscience, as well as other respects he cannot contribute to his own ruin. These are the words of that part of the oath, That he shall keep all the lands, honours, and dignities righteous and free, of the Crown of England, in all manner whole, without any manner of minishment, and the rights of the Crown, hurt, decayed or lost, to his power shall call again into the ancient estate. Henry the seconds virtues being admired, he is praised that he was a great Defender 
2 Inst. 29.  and Maintainer of the rights of his Crown.  
3. And could it appear, the King 
The people in monarchy.  were originally but a grand trustee, he could not be commanded to resign that trust, it is so a power given away, which no revocation for its time can fetch back, nor no condition, not created with it, can defeat; but without a new light, who can look upon the cradle of our first Prince, and find out that Fairy Chimaera of the people, ploughing up a crown and sceptre in their ore? Can there be any such discovery made, it must be somewhat before the Arcadian Moon, and much about the time, when according to Fortescue, and the famous Becselenisme the Common Law came abroad.  
And grant a King so chosen, The 
Election.  rout on their knees to the work of their own hands, they are so grown a corporation of Citizens, and he their head, 
q R. 5. Cawd. case  not more a lose and irregular rabble: The term the people now does not signify the dispersion, or wildness of a nation or sept, but as with us, The people there includes all the new King's subjects, And they all are not their own, but the King's people, 
r 2. Inst. 537 Art. sup. Chart. lib. 2. H. 6. cap. 1. Sup. ibid. ● Inst. 539.  Nobles, and Commons are all in, ˢ so of the word the Commonalty too, t They are now bound by their own election, and the Vassals of the covenants they have sworn, and be the King even Saul himself, yet they having only obedience left, can not more, tied with their own hands, free themselves, the● recall any their other grants to one another: This was the doctrine of ou● primitive English Church, of a people submitted to no government; such a people have the liberty to choose their King, but the King once declared or made, he takes the power, has the empire, or truer with the original,) the who●e sway over th●t people 
t Serm. Cathol. de Epiphan. Domini, in the S●x. Church  whose yoke they cannot shake of their necks▪ For what is done by this submission to a Prince? Is not justice against oppression sought for, and protection for the weak, it must be necessary than, that they offer up 
3 Inst. 143.  to this Sovereign the unruly sword, 
* Otto Fri●●ng. e●● co●suetudo curlae imperia●is ut regna pergladiu● (● 〈…〉 ptemae potes●a●●s ●●mbolum prout Do●. Spal man) ●●●dantur et recipian●un.  with which like wild beasts they had gored one another. For by the old Law royal lex regia, at the foundation or consigning of Empire, The people did tranferre all Empire and power upon the Prince, so that after, the people has it not, the power of law-making too passed over from the people to the Prince 
u Ins●i●a●●mper. lib. 1. Com. A●cu●, , else had this government been neither necessary, nor profitable for the society of man, both which it is 
* R. 7. 13. . And there is an evennes and proportion in the body of our kingdom, There being such harmony so just a symmetry betwixt the head and the body, (as one) the law of England, excels all laws, in upholding a free monarchy, which is the most excellent form of government, exalting the prerogative royal, and being very tender to preserve it, and yet maintaining withal, the ingenuous liberty of the Subject, 
x Dau. rep: preface. V John's re●at.  who enjoys a multitude of prerogatives above all other nations. For by the Law (a Parliament tells us) not only the King's authority, but the People's security of lands, live and privileges, both in general and particular, are preserved and maintained, 
y 1 Jacob. c. 2.  and by the abolishing of or alteration of the which, It is impossible, but that present confusion will fall upon the whole State, and frame of this Kingdom 
z 1 Jacob. c. 2. Sup. 27. . And enjoying the blessings of such Laws under a Prince, what was there more to be desired? To shake of these laws and this government, is to return to the disorders of our ancient wildness, and according to that Parliament, It cannot be liberty loosed from the Laws, but present 
The Laws of the Realm are called libertates because they make free m●n 2 Inst. 4. magna chart. c 1  confusion which we must expect; And as little can the representative of the people so submitted, redemand that power so transferred; since Nemo potest plus juris in alium transfer, quam ipse habet, 
a R. 424. 2 Inst. ●  no derivative having power of that which the primitive has not, and to speak something of elections. Fear (as some profanely) first made gods, 'tis fear which first made governments, societies of men, and made it necessary to set up Kings: man being the Wolf to man from the beginning, but the world being by degrees civilised, and divided into governments, the causes (those fears and oppressions being remedied by government and laws) ceasing, This election too must become unnecessary; nor are the overflows, of some single Prince, (Though election among the Emperors has as often proved unfortunate that way as hereditary succession) so mischievous as election itself, as one, when the matter 
Suing test. 72.  lies in the mouth of the multitude, magistrates with a very little wit are many times chosen, decernente ferocissimo quoque non sententiis magis quam clamore & strepitu, 
* Liv. l. 23.  Capua deposing her Senate would be moralised. The multitude is the sea 
The people believe upon another's faith.  of fierce winds, it is easily, we know, driven, by wicked flatterers, into actions and choises which ruin it: every election would be like a Fair, or the Hall in Pliny's time, where they 
●●artlan. in Didio Juliano. Venale imperium turpissimo praeconio milites proposutrunt.  gave so much for the Euge or applause, & so went for eloquent: he that can speak better than think any Clodius eloquent to the ruin of his Commonwealth: but however the greatest offerer will carry all: Varro a Butcher's son shall be Consul at Cannae, and throw away the Roman destinies themselves, if possible: if for no other virtue, for his detracting from the honour of the noblesse, Athens, in Thucydides, Florence, nay, Rome itself may show fearful precedents of a people let lose; how often did she run from herself in the seditious successions of her Tribunes 
* Liv. l. 2. 126. Tribunitia potestas gratuitus faror. , changing from Kings to Consuls, Tribunes brought in, the Decemuiri, Consuls again, Tribunes military, interreges Consuls again, besides the sovereign Dictator, so that they were many ages climbing to the point of that greatness, which Alexander (adding wings to sat) attained to in a short life, nay, in twelve years, and left them behind him to, it being not discord of base Atoms, but concord which makes the tree of Dominion spread: the discord of the estates is the poison of this City (says Livy,) in an election too, the inconstancy of resolutions proceeding fromthe diversity of ends, would trouble all good resolutions of a few, besides the despite to honour, an enemy, an equal, an inferior advanced, not digested by a father, who in the Venetian History refused to see his son the Duke, unwilling to give him his hat or knee. Poland and the unhappy interregna there, may be a visible example: but were it to follow after these elections, that the Prince's height were so slippery, as some would have it, were his life and Diadem forfeitable upon every miscarriage, what invincible mischiefs again would the admittance of such a change bring with it: 1. Not to be prevented by any providence of the Prince. 2. Minas esse principis non imperium ubi ad illos provocare liceat qui una peccaverint, the Prince may threaten, but command or be the Prince he cannot where appeals are allowed to those, who are fellows of the seditions, would be found a true rule,) how often, would wicked and ambitious men from hence build pretences of treasons and disobedience? what burn, robbery, and depopulations, what massacres of the best men, would every reign bring with it, every such eclipse produce; the malcontent would still cry out before his hurt, and out of uncertain hope of alteration, we should apply remedies more pestilential than the disease, every headstrong factious fellow would sit at the helm, every Schismatic would set up his new Church, or the government should be tyranny, & the elect should hazard his peace: sad condition of rule, who so (says the 
Difference betwixt an ordinary regular government, and the rule of new masters ill established.  Florentine history) shall consider the great mischiefs, which hap to Commonwealths by alteration of government, or change of the Prince, though without any dissension or division, shall find the same of force to ruin any kingdom or state, how mighty soever. But these are but changelings of Rebels, we have no such customs, nor can it appear, our Sovereign claims by so low a title: the opinions which divide the person and the King or Crown, and fancies, that he ticks with the people for his royalty, were never thought on, says the knowing Chancellor 
b Pos●●●t. 99 , but by traitors, as in Spencer's bill, or by treacherous Papists, or seditious Sectaries and Puritans. Let us look upon our Laws, and no higher: For our liberties we own much to Magna Charta, (where the King took his Charter of Sovereignty we know not) and all the way through this Charter, the King is the granter, he bestows what is received there, To be held of us and our heirs for ever 
c Mag. Ch. c. 1. ; which implies, says the Commentary, that all liberties were at the first derived from the Crown 
d 2 Inst. 4. 5. . Sometimes the King grants certain graces and pardons to his Commons 
e 50 E. 3. c. 5. 33 E. 1. c. 2. 1 R. 2. c. 11. : Some statutes out of special grace 
f Q●o War. Artic. sup. chart. 28 E. 1. The King's tenor sup. 29. . So we found the people in debt and the King, as it is regium potius dare, more Kingly to give, doing acts of bounty and grace, He (as the Lord Cook) is a tenant who holds of some superior, in this sense the King cannot be said a tenant, for he hath no superior but God Almighty, Praedium Domini regis est directum Dominium, cujus nullus est author nisi Deus, the possession or inheritance of the King, is a proper, a direct Demain, which he takes immediately and only from God 
g Inst. 1. ●. . For we here have no land, which holdeth not of some superior, the Crown land only excepted: so Doct Cowel 
h Verb. Demaine 1 Tit. Demaine. , and the Terms of the Lawi. Other Nations agreed in this definition of their crown lands, they are consecrated, united, and incorporated to the King's Crown, as the French 
k Ch 〈…〉 n. de dom. Fr●●. ●●t. 2. . All else depend either mediately or immediately of the Crown 
l Cow. Terms of law ubi sup. . These possessions of our King too, are called, Sacra patrimonia, and Dominica coronae regis 
m Inst. ubi. sup. ●n. S●. gloss. verb. Heraldus Mare Claus. Praesatic. . The sacred Patrimony, and the demain of the King's Crown: and as Master Selden, Quicquid in regalibus est, ita est principibus privatum, ut subditis quod suum est, Whatsoever belongs to the King's Crown, is among his Royalties, the Prince has as much propriety in it, as the subject has in any thing that is his ●. 
Mare Claus. 117  This demain than, being held of none, can escheat to none, and being sacred, it cannot become profane, it is permanent and inalienable, and the King is bound to annul and revoke all such alienations 
o Cow. Inst. jur. Aug. l. 2. tit. 8. v, sup. ●7. ; and being his own in private and propriety, what has Master Cromwell to do, or the people, to cut them from him? As to a dissolution of the Royalty, the Commonlaw will not permit it, it is never imagined, never supposed there. The Law would 
V ●●●. 90.  have him last like the Sun and Moon, and as that Maxim, That is to be taken for voided, and not done at all, which is done against the Common Law 
p R. 3●4. . And since no such Act of deposition (which yet in all the precedents, was covered in the term of resignation, and the people told, that too, moved from the King,) or dissolution, can be solemn but in a Parliamentary way, where the King must consent too: (For without the King, there can be neither Parliament, nor Act which can bind 
q Sup. 32. :) yet we may reduce all to that we have before had recourse to: it is against law and custom of Parliaments, to consent to 
Sup. 35. 36. 37.  any such deprivation of Royalty there, the whole proceed being condemned 
Sup. 53.  in all Ages. For treason, treason being Diminuta, or laesa Majestas 
r 3 Inst. 2. , diminution or violation of Majesty, and there is both diminution and violation, in plucking up root and branch. It is manifest, that all such deprivation is treason, by that statute of Edward the third, which says, None shall be impeached, which took part with the King against his Father 
s 〈◊〉 ●. ●. 2. , and that other of the next usurper, Henry the fourth, which enacts, That none shall be impeached, that did assist Henry the fourth, or helped to pursue King Richard the second or his adherents: That (to mark the haste of the guilty actors) of Edward the third, was the first statute of that reign, that of Henry the fourth, the second. It may be considered too, that the regality cannot be demolished, without a great change and confusion in all the other parts: it being senseless to think, that licentious wickedness can limit itself, and stop in any mean; Independency being a thunder which rends the clouds themselves which conceived it, is not like to take any ground for holy. The Magna Charta (which as the words is to be held of the King 
* Sup. 8●. ) whose excellent temper, like a noble Cement, laid, as it were the foundation of the Laws, and politic constitutions of this kingdom; being by some books 
s 1 Inst. 81. 2 Inst. 87. 3 Inst. 111.  reputed so sacred, that no new law can infringe it, is torn by the same lawless Anarchy, is sunk upon the hearse of its cause and stator; as if it were fatal, that the Kings most high and precious 
t Stamf. pref. to the pregog.  Prerogative, and the People's just rights 
u ●. Cn. 3. Car. 1.  should expire for the time, and as far as cruel Tyranny can operate together.  
The Majesty Royal than being yet alive, and not cleaving to the block of death, cannot wander like Adrian's soul, or hover in an airy abstraction, but rest somewhere, and in the night of Athaliahs' persecutions, let her rend her clotheses and cry treason, treason, against Rebellion and Usurpation, yet will Jehoiada, God and his right show the King's son, and the noise of the people will be heard running and praising the King, and saying, 
Chron. 23.  God save the King. But we cannot pass from the scaffold of the Royal Martyr, to the interests of his Heir, but through a stream of precious blood, and jest the Law should be thought as guilty men, (though it cannot be done without the just disgrace of three Nations,) I will show what care the Law takes of the life of her Sovereign, in all places, as the oath of Allegiance, Shall every subject defend him to the letting out the last drop of his dearest heart blood *. 
* R. 7. 7.  To this purpose, the life and members of the subject are in his power 
* Inst. 127. , he cannot be denied the service of his subject 
y R. 7. 14. . This care appears in that mere consultation against his person is adjudged treason, in the trial the discovery is to be made by circumstances, with all endeavour evermore for the safety of the King 
z 5 Inst. 6. E. of 〈◊〉 case. : imagination alone is treason 
a Br. treas. 9 ●5 E. 3. , if it be uttered by words 
b Stam●. 〈◊〉 2. ● , in the King's case (as the Lord Cook) mere cogitation is prohibited. 
c 2 Inst. 228.  The Law intends in every Rebellion as consequent the death and deprivation of the King 
d 3 Inst. 6. : such is the vigilancy of the Law for the King's sake, to repel all violence, never so secret, never so dark. Nay, the Law is the King's Nurse, and with untired diligence expresses, at what rate she prizes the Sacred Head of this Father of the Country. An ancient Record wils, that no Physic be given to the King, without good warrant, to be made by the advice of the King's Council; no Physic may be administered, but such as is set down in writing; the Physicians may use the advice of Chirurgeons named in the Warrant, but not any Apothecary, but must prepare and do all things themselves 
e 4 Inst 251. rot. parl. 31 ● 6. ●. ●7. , and the reason of this is, says the Chief Justice, The precious regard had of the King, which is the head of the Commonwealth 
f 4 Inst ib. : And in another place, The King is the head and health of the Commonwealth, and from the head, health is transmitted over all the body 
g R. 4 124. : and again, Our Sovereign Lord the King, is the light and life of the Commonwealth 
h ● Inst. 1●. .  
Let me but note some complexions ere I proceed, who will endure the King, though he is never the better for it, nor never shall be, like Monsieur Soubize, who summoned to surrender S. Jehan de Angely to his Prince, the French King, answered, he was much the King's servant, but the execution of his commands was not in his power. Enough of these there are, and not a few Heretics of Royalty, or Infidels rather, something too wise and overcareful for the Weal●-publick, will partly from proof, and a little out of reason, yield to some of these truths, some of these conclusions. But in the midst of these good thoughts, the Evil Counsellors or a Monopoly of Pins, (yet more tolerable 
Plate, twentieth part, free quarter, taxes, horses, Ireland, Excise, Scots, etc.  than the Chapels & Oblations of this Moloch, whose hands are ever spread to receive, and like the lean Grave, will never say enough,) are remembered, and spoil all. These men would do well to prescribe Cordials to faint Nature, to cure, a Drought, a Plague, a Famine, if possible, were there a Mercury with news from Heaven too, which I wonder is not discovered yet: and were they sure the sheep were innocent sheep: yet shall no Wart be allowed in a fair face, allow them their providence, appoint a coercive unrestrained power over the Court actions, suppose this coercive move irregularly, (for this must be uncontrolled,) or will they go on infinitely and eternally, the same doubts and inconveniences will go with them: let them make the Mathematicians impossible engine of the government, add for the easiness and perfection of motion, some glorious first guiding wheel, which shall turn about and direct a million of less, yet that may prove faulty, and after all the subtlety, the curious follies, the security and certainty is never the more, only the remedy may become more difficult. We must trust something, not practise that Atheism to overreach God's providence, and this is probable, that however a Monarch may err, mistake, oversee, and run wildly and wrong, yet such deviation is sooner stopped, sooner tired, and easilier helped or endured, than that of many. Death at last may exchange 
Jou hist. 152. D●. W. Rawl. hist. liv. l. 1. Fremere deinde plebs multiplicatam servitutem centum pro ano dominos factos.  a bad Prince, which in any other government cannot advantage at all.  
I will not, (entering the discourse of the Royal descent) look back into the Histories of our Princes, which were they brought in to do their part, the English Monarch might be shown descended, lineally and lawfully, (the first Henry having mixed his Wives Saxon blood, with the adoption 
* Com'd. B●ren. R●nd. Higd. Polichron. l. 6. c. 29.  of the Confessor Edward, the Kinsman of the first William, and with the good fortune of that William,) from the first great Monarches, and Kings of both kingdoms; and that by so long and so continued a Line of just descent, that, as Lord Chancellor Egerton, therein he exceeds all the Kings which the Christian world now knows 
i posm. 58. . I am only to manifest how the successor derives 
Descent of the Royalty.  his splendour, what alteration and change the setting of one of these Sons makes. For being miserably fallen into the rule of our new Masters, whose mouths (like Wat Tyler, 
●●om this day says Tyler, all law shall fall Wat Tyler, mouth  in London) utter all Law, nay, give life and death, this disquisition will be as necessary as any. If than there can be any validity allowed, to those things before proved, that there can be any immortality of the Prerogative, & that they whose use of Victory; is the everlasting accumulation of injuries, may be bounded somewhere, and not be permitted 
Dn. Th. ●m. resp. Ang. 123. Gens Anglicana regia semper a●thoritat● usa est.  to ruin even essences themselves, and truths as ancient as the first week, than spite of the new commandment, which sounds like him in Plautus 
Tranquillam concinna viam  
Si rex obstabit regem ipsum pervortito,  and bids levelly Kings to make the way smooth, yet for perpetuity (as one) the K. has a similitude of God, he never dieth 
k Finch 8●. . The King (or rather the King's line) is a name of continuance, which as the Law presumes (so three Judges) shall always remain, as the head and governor of the people 
l Com. 177. 234. 4 Inst. 136. 201. 4 Rep. praes. p. 2. . Rex non moritur, the King dies not, the King in that name never dies 
m Com. 177. . It is in law called, the demise of the King, because he doth by it demise the Kingdom to another, he is taken as not subject to death, but is a corporation in himself that liveth for ever 
* Cowel. verb. king. Crom●t. ju●. , and in Law it is not the death of the King, The dignity shall continued for ever 
n Com. ubi sup. , a young Phoenix of spice and perfumes, ever rising out of the others ashes, Our Sovereign Lord may be referred to the heir or successor of the King 
o Com. ubi sup. , all interregna being amongst us unknown 
p R. 7. 11. : the heir or successor takes by descent 
q Inst 15. come. ubi sup. : The King (as the Judges of all the Courts) holdeth the kingdom of England by birthright inherent, by descent, from the Blood Royal, whereupon succession doth attend. The word heirs is first named, and successors is attendant upon heirs: the title is by descent: by Queen Elizabeth's death the Crown descended to his Majesty (meaning King James 
r Rep. 7. 10. 14. 1 El. c. 3. .) Our Realm (as our Law) is a Monarchy, successive by inherent birthright, of all others the most absolute perfect form of government, excluding an interregnum, and with it infinite inconveniences. R. 4. praef. p. 2. The eldest is to be preferred 
s Inst. 15. . It was resolved 1. Eliz. That the heir or successor may date and begin his reign, from the day on which his Predecessor died 
t Dy. 165. . Nay, the same moment that the predecessor deceases, the rights of Majesty descend 
Si●ur B 〈…〉 ●●. ●e rege Galli●.  and fall upon the successor: One book accounts the day of the death in the reign of the dead Prince, and would have the heir tarry till the day after 
u 4 H. 6. 7. , which were unreasonable, and against the experience of Fulthorp that spoke it: for the King reigning than not four years before, began his reign upon the last of August, the very day of his Father's death 
* Speed. 66●. : it is made one of the reasons of that Metaphysical body, the body Politic, that the▪ may not be an interregnum 
x R. 7. 12. . For were there an interregnum, there would be a time, like the present with us, in which the statutes and Common law should neither be of force or use, and to own still less to the people, or an Army. The heir or successor, 
Coronation.  when the right of the Crown descends, is fully and absolutely King without coronation 
y 3 Inst. 7. ●. 7. 10. , without any ceremony or act to be done Ex post facto 
z R. 7. ubi sup. : he is accomplished from himself, God and his right are enough; he takes nothing from any act subsequent: the contrary is part of the Spencers treason, 
a E●il. Hug. ●e Spens.  the contrary is part of Watson and Clarks treason, Seminary popish Priests, who believed nothing treason against King James before his Coronation 
b Hil. 1. Jac. : (both of Hugh Peter his faith as far as Kings or the English Church are concerned,) L. Cook in one book, Coronation is but a Royal ornament, or solemnisation of the Royal descent, no part of the title 
c R. 7. 10. , in another, If the Crown descend to the right heir, he is King before Coronation, which is but an ornament or solemnity of honour 
d ● Inst. ubi sup. . He goes on, For by the Law, there is always a King, in whose name the Laws are to be maintained and executed, otherwise justice should fail 
e ● Inst. ubi sup. F 〈…〉 83. . And as a Lord Chancellor, The Sovereignty is in the Person of the King, the Crown is but an ensign of Sovereignty, The investure (if that may be called so by him which gives nothing) and Coronation are but Ceremonies of honour, and Majesty, the King is an absolute and perfect King before he be Crowned, and without those Ceremonies 
f L. Chanc. Eger. ●on. Postnat. 73. . So than Coronation is merely declaratory, typical, and significant of the change and descent, and the Kings of naked Africa or America, (to whose commands nature has submitted the rudest Savages) who never heard of a coronation, or understood the sense, are as much Kings, as the Emperor with his three crowns, for what are they to the necessary causes of Sovereignty, to justice and protection, to the duties of the prince, the defence and safety of a people; and if coronation be not more considerable, Than, Proclamation, (which yet cannot be made, without authority from the King but by privilege or custom) 
m llb. exe●. 250. Br. Proclam. 10.  is nothing at all, as when a new Statute is ordered to be proclaimed 
* Artic. sup. chart. c 17. 18. E. 1.  (though ignorance of the law excuses no man, and the proclamation might have have been spared) the Statute took its force from the Parliament, the head and body there, and the proclamation does but make it known, and publish it to the common people, and adds nothing to the law; and that coronation does but denote possession, is manifest by history and fact. All acts of State, of what grandeur soever, have been as usually commanded and obeyed before coronation as after. I will not cite King Edgar not crowned in 7 or 12 
* Ranul●h. Ces●●. in an. 960. not till his twelfth year.  years; nor Hen. the 6 not crowned 
n Gra●t. 157.  till the eighth year of his reign, yet treason and trials of traitors are met with before his coronation in the 1. 2. 3. 4. 6. years of his reign he holds Parliaments, which style him our Lord the King, and our Sovereign Lord 
o 2 H. 6. c. 2. 1 H. 6. c. 3. ; and the people his subjects 
* 6 H. 6. c. 1.  one or two statutes say (with such) it shall be done as of Rebels to our Lord the King 
k 4 H. 6 c. 3. 1 H. 6. c. 3. 2 H. 6. c. 8. . Nearer our times, Q Mary left this life Novemb. the 17. 1558. Queen Elizabeth makes choice of her Privy Council, Consults and resolves to restore Religion (the same which our Seditions have destroyed) gives commands concerning the Ports, puts a new Lieutenant into the Tower, sends a Commission to the Earl of Sussex Deputy of Ireland, gives new Patents to Judges, with a prohibition not to confer offices, dispatches Ambassadors to declare her succession by right of inheritance, and to the treaty of Cambrey, Is wooed, and refuses, the King of Spain, forbids disputes about Religion, and suppresses the green overbusy Anarchy of the Lake, appoints Correctors of the Liturgy, restores the marquis of Northampton, and the Earl of Hartford to honours, creates one Viscount and two Barons, yet her inauguration (as the Author) was not till 1559. 
* Camd. Eliz. 2. 3. 4.  and no man ever questioned the legality of these acts, nor had they been less binding had Ket broke from the chains of darkness, in the head of his gnooffes of Dussindale and disclaimed them 
t So called by themselves Nevelli Ketus 88 . The consideration of our allegiance and how that grows due will make this plainer. Ligeance or faith of the Subject is due unto the King by the Law of nature: 
* Gloss. Domini Spilman verb. fidelites.  It is due to our natural Liege Sovereign, descended of the blood royal of the Kings of this Realm (as the council of Judges) 
u Calv. case 12. 24 25. 5. 6. 14.  it binds the soul and Conscience 
* Postnatis 101. , it is immutable, its continuance is perpetual, and extent unbounded 
x Calv. c. ubi sup. 10. , the corporal oath is but a declaration, it obliges without an oath, being writ in the heart of every man, and engraven by the finger of the Law 
y 2 Inst. 121. . It is not due to the body politic, that is an invisible nothing, and can neither give nor take homage 
z Postn●t 105 1 10. 31. Com. 213. Calv. ubi sup. . It is due than to the person 
a 17 11. , and so crowned or not crowned is nothing, where this right, this birth right 
b 1. Jar. 1. r. 7. 14.  is settled: who is the 
* 2 Chron. 23.  King's son, The King our natural Liege Sovereign, decsended of the blood royal of the kings of this realm, is as visible as the day or light, and be he in Holland, or farther of this ligeance should reach him, this immutable, this absolute 
c R. 7. 7. 14.  ligeance, in all places whatsoer should seek him out 
d R. 7. ubi supra. . For the faith of the Subject, this ligeance, is not of the place, not circumscribed, It obliges in all ubies. And the liegeman aught in duty of this faith, to perform to his Liege, the offices of a Subject, wheresoever he shall need his assistance: we must aid him in his time of need, as the Lord Cook 
e ● Inst. 541. . Serve the King and our Country as need shall require, in another place 
f a Inst. 149. , the liege is bound to his Prince against all men, Qui mori possunt, aut vivere, and aught not in the lest to assist the side against him, 
* Custom vel Nor. c. 43.  he must be with him, and for him against all men. Ligeance too ties indefinitely, 
* Nobringen. his l 2. c 37.  from this day forward, (so the oath) 
g R. 7. ubi supra  'tis not an allegiance of our own prosperity, to last on condition we scape a prison, or a sequestrator, nor of the 
Homage not to the fortune  Court and flattery, ●o expire with the Princes good fortune, it should be his 
Cowardly wariness treason  cloak in all weathers, in all storms: This faith should be religiously preserved, no calamity nor sin of the Prince should lose it, 'tis not success nor happiness of a side, should sway us, no man's own interests should be more to him than his piety; nor should the present misery be terrible, when there is too so much honour in the very conscience of the action. It was Caesar's bloody robe could raise Armies, and fright the Parricides out of Italy: but we, the broken pieces of a stupid people, grow tame and patiented slaves; and reputation the most sacred charm, which should quicken the very grave, heat the benumbed Highland●r, and frozen Muscovite, cannot thaw us: there is no bravery but of the health, and a little chamberfiercenesse is cried up for mighty daring; yet dishonour can bring no safety with it, and if we must fall, it wer● handsomely done to meet the blow. 
〈…〉 alus in Tac● 239, De●sse nobi● terra in qua vivamus, in qua mor 〈…〉 non po●●●.  And were the King now but Prince of Wales, his father still alive, and in Henry the thirds prison, we are told by an Act, There were not a few disherited, because they did not assist the King's son. They that stirred up the people by lies (as there to side with Montfort & forsake the King and the King's son, were grievously fined, others are thus sentenced, who (as the text) had freely armed their vassals, against the King and his son 
h Statutum vel dictum de Kenelworth. . Amongst the Civilians, the King's son may be called a King, as the Lord Cook, The Prince shines with the beams of his father, and is taken for one person or the same with his father 
i ●. 8. 28 stat. 38 H. 6. . This I thought fit to add, for their witty sakes, who can find a Prince of Wales without a King, and think themselves highly honest, if they style their Sovereign softly the Prince, resolved not to go further, till Lily mends his prophecies, that they may know, were he no more than they will speak him, yet more is due to him from them than a Name: but to look upon him as he is a King, and upon his straits, his condition is not deplorate, forlorn: Kings oppressed by a rebellion all Annals are full of; and he that will not own his Sovereign amidst his afflictions, consents with the Conspirators, and keeps out the King and the kingdoms peace, though he sits still: And if the King cannot be denied the service of the subject, he cannot be denied it, when the world and the fortune of his fathers have forsaken him, and he is left alone, doubts and delays are now criminal and highly guilty, since Moses was obeyed in the wilderness of Scorpions; David at Bahurim, where Shimei threw stones and cursed him: and Saul, though those of Belial despised him, and brought him no presents, and had been, had they driven him out, and taken all from him, (as Justice Fenner) there may be a King of subjects without land in possession 
a Arg. in Ca●●. case. . And that knowing Chief Justice told a Parliament, that if a King and his subjects be driven out of the kingdom by his enemies, he continues still King, and they are still bound by their allegiance ʰ. Nor 
Sir J. Popha●●ited pe●●o. 104.  can any subjects revolt from their obedience, and by a covenant or an agreement of the people, or New Model, put themselves under any other government; for, were this lawful, 
Sup. 96.  than were neither the Prince sacred, nor Laws firm, nor Cities or Societies of continuance, nor were ligeance natural, perpetual, and immutable, which are demonstrated before: Not subject within the King's laws is divided from his Head and Supreme Lord, a● Lord Cook 
c R. 3. 28. . The statute of Queen Elizabeth, entitled, An Act for retaining the Queen's subjects in their due obedience, 
n 23 El. c. 1. , enacts thus, That all persons whatsoever, who have or shall pretend to have power, or shall practise to absolve, or persuade, or withdraw, any the Queen's subjects, from their natural obedience to her Majesty, or move any of them to promise' any obedience to any pretended authority, of the Sea of Rome, or any other Prince, State, or Potentate, shall have judgement, etc. as in case of high treason: So of the absolved, the counsellors or procurers, in the maintainers and concealers it is misprision of treason 
o 23 El. ubi sup. . Doctor Story, a Papist in this Queen's reign, being indicted of treason, denies the Judge's power, and tells them, he was become the sworn subject of the Spanish King: he is condemned, for as those Judges, no man can exuere patriam, or abjure 
The Puritan never imitates the Papists ●reasons, but ●e exceeds them.  the Prince at his own pleasure 
* Camd. El. 213. Annal. Waverlier. Edgarus veniens a Scotia rex ●um inlagavit & homines suon in an. 1074. i e. eject●m restituit. L●. Can●ti p. 2. c. 1●. , by the 25 of Edward the third, the attainted in a praemunire, is put out of the King's protection: yet say the Judges of England, this extends but to legal protection, For the Parliament (as there) cannot take away that protection, which the law of nature giveth: so that notwithstanding this statute, the King may protect and pardon the offendor 
p Rep. 7. ●● . By the rule of contraries than, as little can a Parliament take away that subjection, and allegiance which is due by the same law of nature, in correlatives there being a reciprocal propriety, which ties and unites both parts alike. It is thought good, right, and cause enough to disinherit the King since they have driven him out and possessed his power; as Antigonus the usurper of Hyrc●nus, cuts of his ears, that by that maim, which yet was the Usurpers act, he might make him for ever uncapable of the Priesthood, yet no man should take advantage of his own wrong 
q Inst. 14●. . Force and fraud cannot reduce an old right or remit the party 
r Inst. 357. ; much less can an injurious intrusion gain a just possession, when titles and interests rise only from a disseisors violence: Such acts cannot prevail upon private owners, than no reason they should bar the King, who cannot be put out of possession of things permanent ˢ his possessions cannot be taken from him, by any violence or wrongful disseisin 
t Stamf. praerog. 5 ; and (as Chief Justice Hubard,) Where the King's title is just and true, and by the officers to have been promoted, and found in just time, no reason the negligence of officers should defeat him, vigilantib. & non dormientibus jura subveniunt, the Laws help not the sleepers, is a rule for the subject. Nullum tempus occurrit regi, No time can prevent the King, is the King's rule. * 'tis true let all ages passed be searched, 
u Hub. 4●7. Flnc●●2.  let all posterity to come, be read on a fresh Ariostos screen; below our Saviour's Cross we shall meet nothing like his father's passion, (a Prince, who may be easilier admired than praised:) but if we inquire into the distresses of our own Monarches, we shall find some, over whose heads those bitter waters have passed, as low as his sacred Majesty now stands, yet the sacred character and holy ointment not washed of; and to look back a little upon the lives of his predecessors: (For as in things human, Ages and Men dye, but the same causes, effects, and events, revive and are met again. So some parallels may be made, by which it may be shown, That this is not the only dangerous Turmoil, and Rebellion, though the worst: was King John less King, when his abominable Barons (hateful even to the Monks) called in the French, and left 
Mat. Par. 〈◊〉 ●●ct.  him nothing faithful, but Hubert de Burgo and Dover? There William de Albeney suffers him not to be shot at, 
Mat. Par. 100L. hist. mai.  (though a Rebel) because he was sacred (says he) and the Lords anointed. Was not Edward the 4th King de jure (as they call it) of Right, at the Hague, fled from the make-kings ragged-staff? Does air and soil which cannot change the mind, change things and rights: look on the unhappy sons of our second Richard (whose reign was but a rebellion of two and twenty years) you shall find Wat Tyler and Jack Straw with their Communality, to the number of 100000, that beast the Common people, being come out with all its heads, (but not one of all those capable of reason) and as the Devil is every where God's Ape, we read of a Clergy Boutefeau, Baal a 
Churchmen the favourers of all rebellions, E. of North. at Garnet● trial. Baal was an 〈◊〉 communicated Priest.  Priest baits them with pleasing texts, at one Sermon of this Prophets, meet 20000 men, far more numerous than army and the representative tryers. Tantum religio potuit suadere malorum  
To note the agreement, the Lord 
They ●ook up a ●●ight by the way, but they did but stalk with him, we hear no note of him.  Chancellor, the Archbishop of Canterbury, must appear at their rude audite, and give account, they behead him, the Lord St. Johns, Sir Robert Hales, and many others: They burn the Chancery Records, Lawyers, and Courtiers houses, open London (a place which has ever attested, all titles religions and rebellions, which eminent power has backed against their Prince) enter the Tower, where the King was in manifest peril, against Whose life they had damnably conspired 
*  : they receive banners of liberty, awe the King, take away his sword: and had not some loyal hands amongst the King's followers, cut of this Idol of Clowns (as he is called) perhaps there had neither been government nor laws left, for the successors of this Idol and his Priest to deface: yet in the thickest of this cloud, who ever asked for the King, or thought that interposition more than a malignant eclipse, if the represented could transfer Empire, there they were, if Baal with his lights could spy Richard's spirit departed from him, he was there; if levelling were needed, they had it: when Adam delved, etc. was their word, and the levellers were there, but their leader having by his punishment taught others to reverence those powers which he had violated, the flame of this Aetna did rise not higher. Since, one Ask a fellow of no repute, boasting himself to be some body, rebels in Yorkshire, 
Temp. H. 8. The holy pilgrimage. The name of the Lord wr●t in the ●● sl●eve●. ●●.  he takes Hull, pretends he will purify the Nobility, and expel evil Counsellors: two of which, of low birth and small reputation, his company tell the King they dislike, and they name the Lord Crumwel and Sir Richard Rich: they spread lies, and strange claims supposed to be made by the King: they give an oath (but reserve no doubt the interpretation of it to themselves;) they paint the five wounds of our Saviour in their Banner, Priests with crosses lead the way, nor forget they to be very earnest for a Parliament: the K. replies, He questions whether those things they call liberties be lawful and beneficial to the Commonwealth so he takes it ill that these bruits, so he terms▪ them (yet were there near twenty Lords & Knights with them) should appoint him his Council, more he adds than appertains to any subject, he tells them he reputes their insurrection to rise, from a lightness given in a manner by a naughty nature to a Communality. But in this was the holy Martyr more unfortunate than the whole Chronicles, all heresies arming together against him; the Irish as against a King disaffected to that faith, the Scots as not enough of theirs, the English from the example of their wickedness, but nothing but an excellent goodness, and the very virtue of the mean, could have been set upon by so opposite extremes, accusing and proving so the justness of his temper. Our Monarchy fortunately scaped the Harpies, and Vipers of those reigns, and may do others▪ These talk of liberty, we are sure, never was power more arbitrary. Andrea's Doria freed his country from the real thraldom of the French, and like a man of honour, bestowed his country's liberty upon his country. If the Commonwealth, & the liberty so much in their mouths began the quarrel, they are able now 
Non est liberta●●r●●ioyulla qu●m sub rege pi●.  to let the whole Nation share in the rich purchase, let them offer their common mother, their Country, this liberty they talk of, which we shall never find: They will overdo great Dor●●, he saved but a small Commonwealth, and they may oblige a populous kingdom, for the greatest benefit mankind can receive. Let them than disarm themselves, turn Christians, (peace and charity being the badge of those soldiers) and from our fierce 
Libertatem aliorum vert●sse in suam servitutem. We may say n●stram.  Lords become our fellow Citizens, (else it may be there was no liberty pursued but theirs, which being born upon the wings of their victory above all laws, must be tyranny, and there can be nothing but Turkish slavery left for all the world beside,) this cannot than be expected, from such as have expelled a ●ust and honest power. Di●clesian at Salonae, after his cruel persecutions shall be not more seen, they will rather ●y striking of the Poppy heads, by massacres, tortures, and spoil, establish their usurpation, mix Heaven and Earth, as whirlwinds, move Hell itself to reinforce their illgot greatness. 'Tis an observation made by the truest Historian of the 
C●m. l. 1. ●7.  World, in the war (so he) called the weal public, at the treaty of peace, every man makes his demands, and some overtures were made for the common good, (for that they made the title of the Rebellion) yet, as he, that was the least intended, the lest part of the question; and by late experience we find, that amongst such reformers particular advancement, and fortifying themselves against the Sovereign's authority, is the design; yet it was ever thought, there could be not more capital injustice, than that of those, who when they mean to deceive most, yet study to seem most honest; that seeming, being all they are, and what they care for. For according to Machiavels rule in these politics, Virtue itself is not much to be cared for; a show turned outward is enough, the credit and opinion of Virtue may help a man, but Virtue indeed would but hinder: this appears how, in that of Pompey, who sometimes (ambitious of the Roman dominion) would chide his fortune to himself, thus, Sylla could, and I cannot, not considering the difference (as a learned Author) betwixt Sylla and himself, Sylla being cruel, bloody, and viclent; one that would prosecute what he bega●, and make his way plain and easy, and go on, against whatsoever could be encountered: whereas Pompey 
70000 he killed at the gates 4000 unarmed, innomerable in the ●●y, he was advised to leave some over whom he ●ight command, after which he set up his rabbles of proscription.  on the contrary, was grave, mindful of the laws, framing all his actions to reputation and Majesty: by which temper he was much less able to perfect his desires: to these two not unfitly might the late Earl of Essex and Mr. Cromwell be resembled, for, saving that Sylla was nobly born, and so unlike, yet Sulla's foundation was as weak: his freed man and he, renting their dwelling together, the Master paying thirty Crowns for the lower rooms, the Man twenty for the upper. So that returning rich from the war of afric, a person of honour 
P 〈…〉 〈◊〉  told him, it was impossible he should be honest; but these digressions are unlawful, and I am too guilty. To return to my politic reformer, or the people's good and just man, and his arts, Sub nomine honesti conjurationes 
Salus.  adversus remp. ever, with what mountains of goodness and reformation, are all rebellions swelled, they breathe nothing but the Commonwealth, O that I were made a Judge in the land! complaints of oppressures, detestation of cruelty and injuries, pious and well intended cures. For every sickness of the fainting State, Religion and Laws, are reverend and sacred notions, and the glory of a weak, misled, seduced Prince, are the sole Whites at which these righteous Marks-men aim: and to behold with what sober gravity, and serious hypocrisy, the Empirics themselves play their parts of the mischiefs, were enough to cheat an honest blind man into the train, and to bring the not over-wise into an opinion, that they are not things made up of flesh and below, not mortal, lying, overreaching man, but bright Tutelars or guardians, dropped out of S. Paul's third heavens; the guilt of the outside, and titles, being so specious, that Antichrist himself, or a new King John of Leyden, shall not draw the rout after them with more art, as if such counterfeit of devotion, close shows of religion, and smoothness of words were certain sanctity, Inter sacella & arras regna acturos rati animos sustollunt. Monfort our English Catiline 
* 2 I●st. 226. , dying an implacable Rebel, is by Rishanger a Monk, carried up to Heaven for a Martyr; they thought miracles hung about his tomb, which durst not (as he) walk abroad for the fear 
998 pag.  men had of the Kings. Before these years profane Rebels have styled their seditious bands Gods hosts y Once a 
Te●p. H 3.  pilgrimage of grace, but like wise Snakes, unless the Sun shine and their arms prospero, they are never seen but in their knots and folds. 'tis so in all late rebellions, there is nothing but holiness & mystery in the forehead; nay, all insurrections since the blessed light have begun in tune: Muncer the Auabaptist thought a psalm well sung, alone defensive, against the army of the Princes, 'tis the French a la mode, the Hugonots use it, Condes camp rung 
Jaq. de Thou. 298. St●ad. 121.  with psalms; the Grusians or Low-countries brethrens, ever began a Sacrilege or mutiny with an hymn; this was the ●ound for a charge, it made them mad. Thus, the Bohemians perfidiously 
Jul. Bell. bell. germ. 37.  revolting from the Emperor, some of the godly Weavers sung the good company up: thus the well-affected fought the combat of Branceford (with far more devotion than the Norman used, who at battle fight mixed a song (or Ball●d as we say) of Rowland, with a prayer, and so fell on: they think there are exorcisms for Princes, as there were by all means for Sarahs' amorous spirit, and that a for ever and for ay, is as terrible as the first verse of Saint John, which they of the other side think, scares the Devil himself. It was ever too (to note a little how they deceive by that name,) a fashion of the Spartans to make the liberty of others the pretence of their wars. This was the Swedes policy, all these pretenders are discovered by time and the conclusion, to be liars and abusers. In a well ordered Commonwealth (says a 
Thu●n. 62. to 2.  grave Historian) the Magistrate must beware of such pretending subjects, be the cause never so just. Nay, though rarely their meaning may have some mixture of good in it at first, let them thrive that sinks lowest: John Typotius had lived familiarly with Charles 
Thu●n. 1109.  of Suderman, who got a kingdom by this play: he protests Charles was once free from any desire of invading another man's right: but being carried away with too much heat of religion, and proving successful, this ambition says he, which before was neither hot nor cold, boiled over: an Archbishop of York tells the Rebels of his country, Pilgrimages might be good, but these armed pilgrimages could never be lawful. Oliver, a wise French 
Id. 744. rom. ●.  Chancellor favoured the Religion, but allowed not arming to set it up, it being observed of our Saviour, that he spread his faith by persuasion and miracles, but Mahomet and all Impostors by the sword. And were there not a prohibition in Law 
* ●. 11. 74.  and Scripture too, you shall not do evil that good may follow: nay, were the end of the pretences honest, were it wisdom and zeal, and not singularity of factious men, were it love and piety to the Nation, and not a furious willingness to discharge their prodigalities, homelosses and passions upon the government which sets them on? Yet if the breach of all laws, the sacrilege, the uncharitableness, the bloodshed, the perjuries, the blasphemies, the rapines, the lies, the atheism of the instruments, the sins of murdering preachers, (who in all the wares of Christendom are the fire and the powder,) let this train of Rebellion and pious treason which is certainly 
Remo unq●am imp●rium st●gitii● 〈…〉 cum, bonin a●ti●u● exerc●it.  subsequent, be considered, let them be weighed justly, and the acquisition of this, or such another victory will appear but small: we may say as Pyrrhus did after the overthrow of the Romans, such another victory would ruin us: yet I think we need not a second part, Knox the Scotch Jeh● (no● to be remembered without horror) reform so like Bajazet or Gilderun, the raging Turk, so like▪ consuming fire, melting Bells, defacing Churches and Monuments; the Goths 
Jonston●●.  and Vandals, (as their Countryman) could not have spoiled worse; and are our Reformers a step behind him? Not, our condition is the most wretched of any Nation under the Sun, being (like the Barbarians in Livy) governed 
●. 37.  by lawless conceits of our Masters, without any law written. Nay, the basest Trooper, is not only Prince of what is without us, but of our consciences too, which was a point 
Maximil. 2. dict. Gravissimum s●elus esse conscien 〈…〉 velle aom●nari, id v●ro esse coel● arches inva▪ de●●.  (say this House of Commons in the heap of accumulative treason, (words as ugly and monstrous as treason can be) of the most tyrannical and arbitrary government, ever heard of, not only to Lord it over the fortunes, but also over the souls of men 
z A●ic. 19 E. o● Straff. charge. , yet the world is impudently told, there was never any tyranny like that of our Kings; who had they but spoke a syllable of what these have done, how had our Pulpits declaimed, what Satyrs, what fire and brimstone had they showered? Like the furious Bohemian, 
Jul. Bel. 2●●. V Thua●. 103.  they had bequeathed the kingdom up to Turks and Tartars. If no well-minded Rebel would have shown himself of their side first, but amongst their sins committed against the peace and prosperity of this perishing people and kingdom, after those against the Church and our faith; there is none so high and mischievous, as that against our natural allegiance and the rights of the Royal Family, enough to involve us in a combustion not to be extinguished but in the kingdom's ashes. No man defends the Defender of the Faith, it is not without our wonder to be thought on; we have hedged in our Sovereign by wary and sharp laws against the Papists, and we see those that would be called Protestants, destroy him, our pious and learned Divines dispute against Papal deposition, and there are those within our own pale (as they would be thought) will act it at home. A learned Earl at the arraignment of Sr Everard Digby of 
●●rl of North.  the Gunpowder treason, affirms, The practices of the Papists, from whence the powder had its derivation, were merely to prevent King james haereditary right, And the Lord Cook, in Garnets' trial (a Jesuit and (as before) a father of the powder mine,) charges that Jesuit with high treason, because (as he) the end of his plot was the final destruction of the royal Succession. Indeed there was not any Protestant Church else, nor any adverse King and Royal family worth a Jesuits fears, we have saved them by these acts (yet why should I say We, since the Viper within the man is not part of the man) the sin and the hazards, which their black arts daily subjected them to, to the greatest and most solid happiness and content that ever befell the Papacy, since Henry the third French King of that name received the jacobins knife; yet was there as much odds betwixt that blow and this, as betwixt the windfall of a t●ttering feeble single Cedar, and an unnatural earthquake, which tears up Lebanon itself, and ruins the whole wood: yet cannot it but seem a horrid and a fatal Judgement, that English men and seeming Protestants should perpetrate that treason, which the Papists would have given (after the price of merit) half the triple crown to have been Actors in. I will but add the opinion of K. james his first Parliament, which declares, the indubitate inheritance of the King, and the descent of the royalty, and might serve for a thousand arguments, and aught to convince every Englishman, were there no other defence made of the Question at all, being the deliberate confession of the Kingdom and people, Showing (so it speaks in the title) That the Crown is lawfully descended to 
● Jacobi c. 2.  King james his progeny and posterity, the statute is to this purpose, The Parliament recognizes being bound unto it, by the Laws of God and man, that immediately upon the decease of the late Queen Elizabeth, the Imperial Crown of the realm of England, and of all the kingdoms, dominions, and rights belonging to the same, did by inherent birthright, and lawful and undoubted succession, descend and come to your most excellent Majesty, as being lineally, justly, and lawfully, next and sole heir of the blood Royal of this Realm, by lawful rightful descent, thereunto we do most humbly and faithfully submit, and oblige ourselves our heirs and posterities for ever, until the last drop of our blood be spilt; and do beseech your Majesty to accept the same, as the first-fruits in this high Court of Parliament, of our loyalty and faith to your Majesty, and your Royal progeny and posterity, for ever to endure as a memorial to all posterities of our loyalty and obedience, hearty and humble affection, among the Records of your high Court of Parliament: which if it shall please your Majesty, to adorn with your Royal assent (without which it can neither be 
Negative voice.  complete or perfect,) we shall add this to the rest of your Majesty's inestimable favours, etc. This was a complete Parliament, it says, The whole body of the Realm, and every particular member thereof, either in person, or by representation, upon their own free elections are by the laws of this Realm, deemed to be personally present. So here is an House of Commons of 439 (which no man can say of theirs, when the Army came up & the Work began,) with an House of Lords and the King with his Negative voice: The right of the King is acknowledged by descent, and so to descend, the Parliament and their posterity, so the represented bound with their posterity for ever, and submitted to this acknowledgement: again it was to endure among the Records of Parliament for ever, most strange not above 46 years since, and all these submissions to this power and right (than which no Parliament or Nation could ever make any more ample, and more solemn) so soon forgot! What equal strength has dissolved this bond; either this declaring statute is in force, or some other has repealed it, There being nothing so agreeing to natural equity, as that every thing should be loosed, 
R. ●. 57 R. 2. 53. R. 5. 26. R. 6. 43.  by as high a power, nay, by the same power that bond it: We know no laws in England, but Custom, which is Common law, and Acts of Parliament 
* Inst. 11. 110. : If the Sword must cut such Gordian knots as these, we may fear our glory is departed. This one place may supply all other weight, colours, or number, and may serve to condemn this kingdom, in the highest breach of National Faith, (if we add not more) that ever people commicted; for we yet knowing that lawfully this statute is in it force, (and it being confessed by it, that King james took by descent with his posterity) carr▪ not with the whole world but ask, how the present King comes to be cast out of his Father's house? and against law, reason and nature be denied his birthright? I might infer, i● he incurred the danger of a praemunire, who 
R. 5. Cawd. case.  by the Pope's Bull sought to stop the proceed of one of the King's Courts of justice, what should they suffer, who have cast him out, his Royalty and jurisdiction together? Were there nothing else left but hope, yet may we hope, that these men, who unwise enough, found the veneration they would establish upon blood 
M●chiav. Let the Politician think only fear can bend men, let him endeavour that all men may be obnoxious to him, and either in danger or distress.  and terror, (that modesty or softness which is ever most winning and necessary in a new power (being as a virtue, to be borrowed from the Tragedy of the assassinated King never used,) whose triumphs and conquests are but glorious sins, and whose inhuman insolences, have corrupted those triumphs, are ascended to the highest point, and must decline; and that if these be not what they seem to be Caesar's Suevi, quib. ●e Dii ipsi immortales pares esse p●ssu●●, got up above God's thunder, than 
Ver●l. Aug. scien. ● Bella obvindictam justam fere semp●r f●licia fuerunt, etc. The success of wars in the end depends chief upon the innocency of the quarrel. ● Galc. 130.  Si qua pios respectant numina if there be any justice any where, the innocency of the holiest Martyrs quarrel shall prevail, and from the day of that accursed regicide, CHARLES the seconds Crown shall flourish.   
FINIS.