DUKE UNIVERSITY LIBRARY (Treasure 'Room UTOPIA THE CLASS OF 1909 LIBRARY ENDOWMENT FUND THE Britannic Conftitution : OR, THE FUNDAMENTAL FORM F GOVERNMENT 1 N BRITAIN. DEMONSTRATING, The ORIGINAL CONTRACT Entred into by KING and People, according to the Primary Inftitutions thereof, in this Nation. Wherein is Proved, That the Placing on the Throne King William III. was the Natural Fruit and Effetf of the Original Constitution. A N D, That the Succession to This Crown, Eftablifh'd in the Prefent Protestant Heirs, is Tie Jure, and JuftifyU, by the Fundamental Laws of GREAT BRITAIN. AND Many Important Original Powers and Privileges, of Both Houfes of Parliament, are Exhibited. By ROGER ^ACHERLET, Efquire, of the Inner-Temple, London. I N © Ns Printed for A. Bette s worth, J. Osborn, and T. Longman, in Tater-Nofter-Row -, W. and J. Innys, in St. Taxi's Church-Tard ■, W. Mears, and D.Browne, without Temple-Bar ; J. Stevens, and T. Woodward, in Fleet ftreet -, R. Ford, in the 'Poultry ; E. Symon, the Corner of Tope's Head Alley, in Cornhill--, J. Stagg, in Weftminfler.Hall ; and S. Billingsley, in Chancery- Lane. M.DCC.XXVII. Digitized by the Internet Archive in 2010 with funding from Duke University Libraries http://www.archive.org/details/britannicconstitOOache KCK rr-T) T O HIS HIGHNESS Prince FREDERIC in SIR, H E Defign of this Treatife being to Defcribe and Illuftrate that Incomparable Constitution, which Called to the Crown and Government of Great Bri- tain, your Royal Grandfather, HisJMoft Excellent Majefty King GEORGE, and of which his Majefty is become the After tor and Defender ; I have therefore prefumed to hope, the Royal Family will Gracioufly Condefcend to be its Protectors. The Difpofition of the Syftem is intirely New, and is intended to be a Prefent ( as is humbly hoped, not Unacceptable, and, perhaps, not Unufeful) to the Young Princes of the Proteftant Hereditary Line, and, probably, may Yield iv The DEDICATION. Yield fomc Entertainment to your Highneft, until you ihall fee that Kingdom, to the Crown whereof you are, in the due Courfe of Defcent, is Rightfully, as Apparently, to Succeed. The Undertaking Treats of the Government in Britain only ; A Profpedl therefore of the Nation, which is the ObjecT: of that Govern- ment, and of thofe Advantages which diftinguifh it from all other Countries, may Form in your Highnefs's Mind, an Idea of its Glory, fuitable to that of its Conftitution in Government. When this Kingdom's Power and Strength are placed in a Light Oppofite to thofe of other Na- tions, it will appear. That Great Britain being Surrounded by the Seas, its Borders are as In- difputable by its Neighbours, as Inacceflible by Land Armies ; The Inhabitants Live difperfedly all over the Ifland. and yet fecurely, without Fortifications, and without Fear of fudden Inva- sions ; Whereas, on the Continent, all the Neigh- bouring Potentates are continually Vexed, or Vexing each other, with inceflant Broils, about their Boundaries, and the People, for fear of Sur- prize by fudden Irruptions through their Fron- tiers, dare not Live feparately ; but for Safety, Refort ( with their belt Moveables ) to Walled FortrefTes : The lnconveniencies whereof, both to the Governor and Governed, are too Confpicuous to want Enumerations. Great Britain's Dominions are partly Terrene, and partly Marine ; The Terrene, Computing Ireland, as Embodied with Britain, are Large and The DEDICATION. and Extenfive ; but when their Fertility and Produces are Confidered, they Equal, if not Exceed, the Beft in Europe ; The Plenty of their Corn, Fat Cattle, and Mines of Tin and Lead, are Admirably Valuable : But, above all, the great Quantities and Goodnefs of the Briiifh Wooll, are the Source and Spring of Trade, and a Fund of Treafures, that exceeds the American Gold and Silver Mines ; and if the Intereft of the Graziers and Woollen Manufacturers could be Reconciled, that Product would be capable of Immenfe Improvements. Great Britain^ Power over the Fifheries, is another Magazine of Riches, Equal to any of the former, whenfoever Britons fhall be Led to that Work by their own Inclinations. ■ As for the Marine Dominions, Nature and Neceflity have appropriated to Great Britain the Sovereignty of the Seas, becaufe if that Do- minion were in any other Hands, Britons would be no better than Prifoners : Nature, therefore, which Supplies every Being with Means for its own Prelervation, hath furnifhed Britain with the Beft and Stronger!: Timber for Building Ships of War, thofe Floating Caftles. And Neceflity hath Impofed on Britons, the Learning and Exercife of that Species of the Art of War, as a Qualification to Vindicate that Dominion, and with it, their Liberty. This Sovereignty being fuppofed, the Marine Dominions of Britain Extend as far as the Seas, [ b ] that 4985 vi The DEDICATION. that Beat on the Shores of the Remoteft Regions, which makes them vaflly Larger than any other upon the Globe. But 'tis the Britannic Confiitution that gives this Kingdom a Luflre, above other Nations ; for it is Imperium Legum ; it equally Advances the Greatnefs and Power of the Crown, at the fame Time, as it Secures to Britons, their Pri- vate Property, Freedom, and Liberty, by fuch Walls of Defence, as are not to be found in any other Parts of the Univerfe. The Britijh Hiflory Tranfmits to us, as many In fiances of Great, Rich, and Victorious Kings, and as much Beloved at Home, and Refpedled Abroad, as are to be found in the Memorials of any other Nation ; but thofe Kings were fuch only, as AfTembled their Parliaments frequently, were Advifed by them, and made this Confii- tution the Rule of their Government. Thus, Sir, have I Reprefented the Britijh Kingdom, and in this Work, the Form of Go- vernment in It, which, in the Day of Extre- mity, was Secured by the Happy AccefJion to the Crown of his Sacred Majefly King GEORGE, and is flill Secured by his fleddy Adminiflration ; which Security is, to the greatefl Satisfaction of Britons, Strengthened by the Ap- parent Succeflion of his Royal Highnefs the Prince of Wales, your Illuflrious Father : And although I mufl not Expec~l to fee the Day of Your Triumphs, after that Length of Glory on Earth, which I moft heartily wiih to your Koyal Progenitors, \ The DEDICATION Progenitors, yet my Zeal warms me to imagine, I fee, as in a Glafs, the Felicity of my Country Continued to thofe future Times, which your Growing Virtues make Britons Expect with Pleafure ; For which Reafons, the Antient Vi- gour of the Britijh Nation being thus Animated, and thus Governed, will be always Exerted in the Service of fuch Excellent Princes, and will be a Fund of Power, to Raife your Highnefs, in Procefs of Time, to all the Grandeur and Glory your Great Soul can Afpire to. It is therefore my Hope, your Highnefs Will Pleafe to Excufe the Boldnefs of this Addrefs, from him, who is Inviolably Attached to the Interefts of Your Royal Houfe, and is, with the Profoundeft Humility and Submiffion, Tour Highness'/ Moft Obedient, And Moft Devoted Humble Servant , Roger Acherley. THE INTRODUCTIO O Man can be fo Infenfible, as not to oblerve, That the Great Difaffection in many People, to the prefent Eflablifli- ment, with which their Minds fluctuate, proceeds from their Ignorance of the Con- Jlitution and the Laws of this Nation, touching the Rights of the Government c- b or it. The Laws, by which JUSTICE between Subject and Subject, is to be Adminimed, and by which they, as between one another, are to behave, are pretty well known j But the Laws or CONSTITUTION, by which the Supreme Governors are to Succeed, are not Only very little Known, but very much Miftaken 5 for molt of the Britifi Subjects, who have Undertaken to write For and Agarnft the prefent Eftablifh- ment, and the Foundation on which It Subfifts y Confift, prin- cipally of Eccleliaftical Gentlemen ; And as tt> the Writers of the firfl Sort, Their Way of Reafoning has pointed at all Kings in General, and to the Relation between all Sovereigns and their Subjects ; which is indeed Bright and Infective, but does B not INTRODUCTION not Conclude or Convince Men of the Rights of the Gover- nors and Governed in this particular Nation. And as to the Later Sort of Writers, Their Notions are Confined to the Jmifl OECONOMY, As if the Mode of the Monarchical Government, and the Succeffion to the Crown, Instituted in that One Single Nation, was to be the Pattern for all other Kingdoms 3 And that all other Institutions which differ from it, are Unwarrantable. Thefe Writers have read the Nature and Manner of the Original Confiitution of that Kingdom, which in the Firft Book of Samuel is Accurately Defcribed, viz. That the People of Ifrael, affecting Innovation, AddrelTed Themfelves to Samuel, Complaining of the Male Admin'iftration of his Sons or Ministers, and faid, Make Us a King to Judge (or Govern) Us, like All the Nations. This Surprizing Demand brought into Samuel's View, Three Things. I. The former STATE of this People, under the Pha- raohs Kings of Egypt. II. Their prefent STATE in the Land of Promife. III. The STATE They were Defiling to Enter into. A S to the Firft 3 That Egyptian STATE appeared to be Miferably S>llft\)Ciy, Placed Them in a Land abounding with Plenty,. Gave them Great Subftance in Propriety, and made Them a Free and Sovereign People. AS to the Second (viz.) their prefent State and Condi- tion, Their Liberty was fuch, That every Man fate under his own INTRODUCTION. 7 own Vine, and did what was Right in his own Eyes 5 And at all times (when they Abftained from Idolatry) They had God for their Conductor, and Liberty to Inquire of him, as their Oracle, in all Difficulties 3 And he was pleafed to Give them Plain and Pofitive Anfwers and Directions how, in all Occur- rences, to be Succefsful and ViftoriottSi AS to the Third, (viz.) The State they were defiring to enter into b That appeared in this View, That if they would have a King like All the Nations (of which Egypt was one) Then they muft be in the like Subjection and 5>lat)Cty, as the People of thofe Nations were 5 which differed not from the 2!5ontttlge that was Egyptian : Whereas if they had Defired a King to Protect and Defend their Liberties and Properties, the Recjueft had been Commendable : But, above all 5 Samuel Confidered, That God, when he Defcended in Thunderings and Lightenings on Mount Sfaai, had, in all the People's Hearing, ^Declared himfelf to be the God of Liberty, and would be known by that Attribute, intimating to them, that he was that God who had Brought them out of the Houfe of £>ltttttt#, and had Broken the Bonds of their Yoke, and made them go Upright : As if he had faid, Whereas ye were poor Slaves,' Bowed down under the Weight of Egyptian Lev jam 13 Tyranny, It was I that Broke the Power of your" Cruel Matters, artd Refcued you from under their Oppreffion, and made you a Free People. The good Prophet was therefore Amaz'd at this People's Importunity, not only to reject the Greater*. Bleffings God could Give, or they Enjoy, viz, Liberty and Property 5 but to return again into <§>lat>Ctp 3 The Good Old Prieft and Judge, being averfe to Bondage, Brought the Matter, as an Affair of the moit Nice and Difficult Nature, before God their Great Bene- factor, and Enquired, What Anfwer he fhbuld give to a Demand fo Unaccountable ? and he was, by God himfelf, in his Great Gobdnefs, Inftrutfed to Proteft folemnly unto the People, and fhew them the Manner of fuch a King as they defired fhould reign over them • which wa's, in Effect, to tell them, That the Power of fuch a King as they Defired, viz. Of a King like all the Nations about them, would be ^tblttfttp 5 And that the Liberty of their Perfons, and the Property of their Eftates, would neceffarily fall under his Abfolute Will and Difpofal, after the Manner they had formerly been in Egypt. Samuel, 8 INTRODUCTIO N. Samuel, according to his Inftru&ions, told all the Words of the Lord unto the People that asked of him a King, and faid, This mil be the Manner of the King that fi all reign over you, He will take (/'. e. He will have Power to take) Tour Sons for his Chariots, and to be His Horfemen, and to run before him 5 He will fet the People to Ear his Ground, and Reap his Har- vejls j He will take your Daughters to be Cojifeftioners, Cooks, and Bakers ; He will take your Fields, your V'we-Tards, and Qlive-Tards, even the Beft of them, and Give them unto his Servants (i. e. his Favourites) 3 He will take the Tenth of Tour Corn, and Wine, and of your Sheep, (i. e. Impofe Taxes) and Give to his Officers and Servants 5 He will take your Servants, your Affes, and your Goodlicfl Toung Men, and put them to his Work, and ye pall be his Servants j and that when they fhould Cry out, (as Doubtlefs they would Cry, or have Reafon to Cry out) becauje of fuch their King, that is, by Reafon of fuch their Bondage and Servitude, the Lord would not hear them. This Protection or Warning, was, in all refpe&s, Solemn, and was, Doubtlefs, Given in Great Kindnefs and Condefcen- Hon to open the People's Eyes, and Difluade them from fuch a Wanton Parting with thofe Good Things God had Given them. The Argument was the moll: forcible that was ever Urged ; for it Demonstrated, That the Confequences of fuch their Beha- viour, if they proceeded, fhould be a total CftlUfiOlt, not only from thofe BleiTings of Liberty and Property $ but even from Liberty to Pray for a Reftoration or Deliverance 5 It being as Vain as Sinful, to make fuch Prayers as God had declared he would not hear. And yet the Stubborn People were deaf to all Perfuafions, and Continued Wilfully inconfiderate, and faid, Nay, But We will have a King over us, That We may be like All the Nations (i. e. be a People without Liberty qr Property). This Reply was Plainly an Original Contra^ Promiilng Passive Obedience, without Referve, or Unlimited N o n- R e s 1 s t a n c e 5 or, in other Words, A Rejecting of the Bleffings of Liberty and Property : Which Wantoruaefs W3$ afterwards Imputed to this. People, for Wickednefs. Upon INTRODUCTION. Upon thefe Terms, and with full Notice that fuch a Kino- would have in him the whole Legijlative and Judicial Power, and that his 3irt!tttaty> Will and Pleafure would be the Law or Meafure by which his Government would be Adminiftred ; The First King of Ifrae I was by God, Chofen and Appointed, and by that People Submitted to and Accepted 5 And Samuel Wrote this Constitution, or the Manner of the Kingdom, i. e. the Form of Government in that Country, in a Book, and laid it up before the Lord, as a Testimony to Witnefs againft a Nation fo Infenf lble of the Value of Freedom. The Regal Government of the Kingdom of Ifrael being thus founded in the Terms of this Original Contract, By which was veiled in the Crown, the whole Legislative and Judicial Authority, and in which the King's Abfolute ^OttJCt over the Perfons, the Lands, and the Goods of the People, was fo plainly ExpreiFed and Stipulated : Thefe Writers of the Later Sort have read of the ^ttitttatp Acts of Government which the Ifraelitip Kings Exercifed, without being Cenfured for them in any Hiftory, as Illegal or Unjufi 5 And, among others, that Saul, the Firft King, did, by c Doeg the Edomite, his Capital Herdhnan, Slaughter, not only the High-Prieft Ahimilech, and with him 8 5 other Priefts 5 But alfo all the Men, Women, Children and Sucklings of Nob, the City of the Priefts. They have alfo read of Two Acts of 3(tbtit£tp Power in the Calling Solomon, the Second Son of David, to the Throne of Ifrael ', The one Practifed by King David, and the other by Solomon • Which to us are reprefented as Acts of mere Human Policy and Power, to. That when King David was Grown Old, and, in a manner, Bed-ridden, there rofe up at Court Two 'Parties Contending for the Succefpon. Firft, The Party of Adonijah, King ^David's then Eldeft Son, who being a very Goodly Man, and having the Right of Primogeniture, He fet up an Hereditary Right, which he fan- cied to be Indefeazible, and to be therefore Heir Apparent, and Right Heir to the Crown 5 His Claim was fupported not only by Joab the Renowned and Victorious Captain General of the Hofts of Ifrael, and all the Men of Judah 3 But alfo by the Arch-Bijhop, or High-Priejl, Abiathar 3 And one would have thought that this Party, Armed with fuch a Right, and Supported by fuch Fartizans, had been Invincible. But, C Secondly, 10 INTRODUCTION. Secondly, Thf. Other Party at Court, which for fome Years had had the fole Management and Difpofition of all Affairs, and had the Royal Ear, and free Accefs to the King, was headed by the Favourite Second Wife Bathjheba Mother of Solomon, affifted by the Sagacious Nathan the Prophet, and by Benaiah the Captain of the Guards, &c. The Hiftory relates, That Nathan forefeeing what would be the Fate of Bathfieba, and her Son Solomon, and of their Party, for many Reafons, If Adonijah, the Eldeft. Son, iTiould Afcend the Throne, gave her Counfel how to fave her own Life, and the Life of her Son Solomon, by putting into her Head, a Politick Contrivance, viz* To go in and Claim of the Old King, not only the Per- formance of his Promije made in Private, and not Publickly known to the Princes and States of the Kingdom $ but to infi- nuate, that when his Majefty mould Sleep with his Fathers, She, and her Son Solomon mould be Counted Offenders $ Allu- ring her, That He, Nathan, would come in immediately after (as it were by Accident) and Confirm her Words. This Coun- fel had Succefs, for King 'David did 2LX\fttCWCl\V, but by Vir- tue of his Legiflative Authority, and therefore Legally, Difin- herit Adonijah, his Eldeft. Son, and gave the Crown to Solomon his Son by Bathjheba. AS to King Solomon, whofe Title was only founded on his Father's Donation, He having the Sole Legiflative and Judicial Authority, did, as an ^tt)lttatp Prince, commi/fion Benaiah, the Captain of his Guards, to flay not only Joab, the Greateft Nobleman and Captain of his Kingdom, but alfo his Eldeft Brother Adonijah, without any Tryal or Examination, whether they were Guilty, or not, of Crimes worthy of Death : For Adonijah (for ought appeared) had not Offended King Solomon, otherwife than for having the Right of Primogeniture $ nor Joab, than for adhering to him as Heir Apparent to the Crown. Thefe 3frbittclrp Acts therefore of thefe Kings, by Virtue of their Sovereign and Abfolute Power, were, for ought appears, Lawful, and not Prohibited or Reftrained by any Conjlitution or Law of their Kingdoms 5 For the People Accjuiefced, and the Blood fhed was never Imputed as an Offence to King Solomon $ But, on the Contrary, it is faid, The Kingdom was Eftablifhed in his Hands : And as to the forementioned Inftance of King Sauly It is not found amongft his Acts of Mifgovernment, That his INTRODUCTION. n his Killing the Priefts was ever laid to his Charge. Thefe Gen- tlemen Obferve, That thefe Homicides are Rehearfed as Acts of an Abfolute 3ltbittatp Government, not in any Sort Accountable to, or Reftri&ed by, any human Law or Power 5 And that the Objects were indeed to be lamented as Unfortu- nate, but not as Injured 5 neither was the Sovereign Magiflrate to be, for them, accounted Culpable or Unjufh Thefe Gentlemen have likewife further obferved in the Old Teftament, What pafled between the Prophet Daniel, and the Great King Nebuchadnezzar, and his Son or Grandfon Belfhaz- zar, viz. That though Nebuchadnezzar, being the Rod of God's Anger, had, with Cruelty enough, demolifh'd, and burnt J-erufalem, and torn the Jewi/h Nation up, as it were, by the Roots, deftroying the greateft Part with the Sword, and Carrying the reft into Captivity, yet it may be prefumed, That afterwards He Treated the Captives with fome Humanity 5 For when 'Daniel was about to Interpret the Dream, in which he Saw Bitter Things, The Prophet was troubled, and faid, The Dream be to them that hate thee, and the Interpretation thereof to thine Enemies. But when the fame Prophet was required to Read, and Expound the Writing on the Wall, which had fo Affrighted King BeJfhazzar (a Vain and Effeminate Prince) that his Countenance changed, the Joints of his Loins loofed, and his Knees lmote one againft another 5 the Captive Jew, being invigorated with the Divine Spirit, Treated him with a Coura- gious Indifference, by faying, Let thy Gifts 'be to thyfe/f and give thy Rewards to another 5 adding, with a Biting Reproof, O thou King, the Mojl High God gave Nebuchadnezzar, thy Father, a Ki?igdom, and Majejiy, and Glory, and Honour 5 And for the Majejiy he gave him, All Teople, Nations and Lan- guages Trembled and Feared before him : Whom he would he flew, and whom he would he kept alive, and whom he would he fet up, and whom he would he put down ; Bttt when his Heart was lifted up, and his Mind hardened in 'Pride, he was 2Dcpoffct) from his Kingly Throne, and they took his Glory from him : And thou, his Son, O Belfhazzar, haji not humbled thine Heart, though thou kneweft all This. From thefe Relations it is Evident, That the Power of the Eaftern Kings was Unlimitted and ^tbtttfltp, and the Con- dition 12 INTRODUCTION. dition of their Subjects deplorable 9 For having Degenerated from the Condition of Freemen, and put their Lives and Eftates under the Power of their Fellow Creature, they were Slaugh- tered as Common Animals, without imputing to their Sove- reign Lords any Blame 5 For Volenti non Jit Injuria. And This is further Evidenced, by what King Solomon wrote, when he advifed Care to be taken by Subjects in their Behaviour towards their Prince 5 For, faith he, The King doth whatfbever pleafeth him, and where the Word of a King is, there is c Power 5 Intimating, That all Power, both Legiflative and Judicial, did Center in the Abfolute and ^ttllttatp Will and Pleafure of thofe Eaftern Monarchs : The Contemplation whereof was fufficient to render them Terrible, and the bare Appearance or Suipicion of an Offence, Capital. Thus are Matters related in the Old Teftament 5 And this 3ltl)lt?(U'p Power is Emphatically Exemplified in the Anfwer which the Royal Judges of Perfia, to whom the Interpretation of the Law belong'd, gave to Cambyfes (Son of the Great Cyrus) King of the Medes and Perfians 5 Who, having a Mind to Marry his Sifter, and Doubting of the Abomination of the Inceft, Enquired of the Judges (as if he were willing to be Limitted by the Law) Whether they had any Law that would allow the Marriage ? To which they anfwered, That they had indeed no Law that permitted a Brother to Marry his Sifter j But they had a Law which pCtttltttCt) the King of Perfia to do what he pleafed. This Anfwer pleafed the King, and he Marry'd his Sifter $ Which amply Reprefents that People's !®ifctp 3 For if it had pleafed the King by Murder or Torture, to take any Man's Life $ or by Imprifonment, to take his Liberty $ or by Violence, to take his Eftate or Property, The Law, it ieems, made fuch his 'Pleafure, Juft and Unblameable. In the New Teftament, thefe Gentlemen find the Inojfenjive jDemea?ior of our Lord Jefus Chrijt, towards the Weftern or Roman Emperors, under whofe Government He was born, and Promulged the Gofpel j Which Emperors, in Imitation of the Eaftern Kings, Killed, Saved alive, made Rich or Poor whom they would 5 For Auguflus Cafar (after he had rooted up the Roman Liberties) Over-aw'd and Coerced the Senate and People of Rome to pafs a "Decree, Whereby they fet him above, and freed him from the Obligation of all Laws, and gave him a Power t INTRODUCTION. 13 Power to do all Things in the Government, according to his Abfolute Will and Pleafure, Thereby Rejecting the Rights and Freedom of Romans, and Electing the Condition of the mod Abject of the Ajiatick or Negro Slaves 5 This Part of Jugufluss Conduct difcovers the Source from whence (in his Apprehenfion) he Derived the Plenitude of his 'Power. And thefe Gentlemen have alfo read, the General Directions prefcribed by our Saviour and his Apoftles, touching the Obe- dience of Subjects, and their peaceable Behaviour towards their Governors 5 and from thence (having loft themfelves in Vail and Undigejled Notions of the Regal Power) they have Inferred and Inculcated, That ^ttUttatP Power is as well the Right of Britijlo Kings, as it was of the Jewifi or Eaftem Kings, or of the Roman Emperors 5 And that PaJJive Obedience without Referve, and Unlimited Non-Rejiflance, are therefore the Indif- penfible Duty of Britiflo Subjects 3 And from thefe Premifes they argue, That the Revolution, and the Subjects Affift- ance of^ and Concurrence with, the Prince of Orange in the Year 1688, by which the then ^ttbtttatfp Government was Difturbed, and Removed, and that Prince was called to the Throne, were Illegal and Unjuji 5 And from this Erroneous Courfe of Reafoning, proceed many Peoples T)ijlemperd No^ tions of the prefent Government. Whereas the Institution of the Ifraelitifh Kings, and their Power, was fo far from being a Pattern to Great-Britain^ That it was not a Pattern to their own Neighbouring King- doms 5 but the Neighbouring Kingdoms, as they were Prior in Time, and more Antient, fo were they a Pattern to the Ifrae- Tttes 3 For the Text fays, When Thou (meaning the People of Ifrael) Jloalt fay, I will fet a King over me, like all the Nations that are about me, Tloou Jhalt in any wife fet him King over thee, whom the Lord thy God floall Choofe : From the Particularity of which Command, and other Concurrent Circumftances 3 It may be Inferred, Firft, That the People of the Nations round about Ifrael, Did fet over them fuch Kings as they themfelves T)id Choofe. Secondly, That the Power which thofe Nations gave, and with which They did Inveft their Kings, was Abfolute and ^tbtttarv (?'*•) a Power to Kill, Enrich, and Impoverifh ]3 whom H INTRODUCTION. whom they would 5 and therefore no Hereditary Rights, or other Rights in thofe Kingdoms, Could be Indefeazible 3 For all Rights being Involved and Included in the 2Utf0lttte Will and Pleafure or the King, who was the Lawgiver 5 the Here- ditary Right of SuccefTion to his Crown, mull: therefore be ^Defeazible, by a Law of his Making 3 And thofe Kings might Legally, and often Did, without Regard to Primogeniture, pafs by the Eldeft, and appoint their Younger Sons to Succeed 3 a pregnant Inftance whereof, was the Cafe of Solomon 3 For which Reafons, 'tis Improbable, the Eaft fhould give Rife to the Notion of an Indefeazible Hereditary Right to Crowns. Thirdly, That no other Nation in the World, ever had fuch a Favour as the Jfraelites had, Conferred upon them 5 (viz.) That when they would Set over them a King, God himfelf would pleafe to point out and name the Man. Fourthly, That the Kings of the Neighbouring Nations were in all Things (Except the Choice) a Pattern to the Jfraelites. Fifthly, That it is a Wild Imagination to fay, That the Ifraelitifi Kings, who were themlelves, in their Power, but Copies, arid not Originals 3 fliould, .either in their Election or Power, be a Pattern to Great-Britain. It is Obfervable, That the Jjiatich, whom thofe Gentlemen would in all Things Imitate, have, in all Ages, been Addicted, more than Europeans, to the Principles of Abfolute-Monarchy- Men 3 For no Man can fliew in Afia, any One Government, where the Peoples Liberty and Property were by Laws Secured or Defended, Except only that One Nation of Israelites, before they defired a Monarchical Government 5 Who, When they Defired a King, like the Nations Round about them, were told the Ul^atUtCE of fuch a King, and what he' would do 5 Which in the long and pompous Reign of Solomon, was lite- rally Verified 3 For that King Appointed Twelve Officers over the Land, Each of whom, was to find Provifions for the King's Table, in his Month 3 And It is Recorded, That thefe Provi- fions fo furnimed, Amounted by the Year, Computing accord- ing to the Hebrew Meafure, to Two hundred Seventy-two Thoufand, and Two hundred Bufhels of Flour 3 Ten thou- fand Nine hundred and fifty fat Oxen 3 and Thirty-fix thoufand Five INTRODUCTION. 15 Five hundred fat Sheep 5 Befides Harts., Roe-Bucks, Fallow Deer, and fatted Fowls $ and Befides Barley and Straw for Forty thoufand Horfes : And therefore, when the Princes and People met Rehoboam, to make him King, They might Rea- fonably Infill (as they did) to have fome Alleviation of their Burdens, and fome Redrefs of their Grievances 5 And that the 3Uftlttfttp Power of the King might, by Limitations, be in fome Sort bounded 5 which Overtures being Reje£ied, Ten of the Twelve Tribes SUjffftCD Rehoboam, and Inftituted and Framed to themfelves a new Conjlitution or Government ; or rather Reftored Themfelves, in fome Manner, to their Original Liberty and Property. in the Terms whereof, as Jeroboam was, with the Regal Dig- nity Inverted and Declared King, So the Aniient Property of the People in their Lands and Goods, was provided for, and fecured agairtft the Royal Invafions, i. e. Againft the Power of taking from them their Vineyards, &c. For when Ahab, King of Ifrael grew Sick with Coveting Naboth's Vineyard 3 He being Reftrained by the Conjlitution, Dared not to Wreft from Naboth, that Piece of Ground, by an open and violent ExpuU fion ; But refbrted, firft to the Temperate Methods of Acquiring it by an Equivalent for the Value in Money, or in other Lands 5 And when thofe failed, Then Did his Queen Jezebel refort to the Wicked Means, of gaining it by Colour of that Law, To the Inftitution whereof, Naboth himfelf had Con- fented ; But how fatal that 2l5^aclJ proved to Ahab and his Family, needs not to be here repeated $ But thus much may be obferved, That- God's terrible Punifhments for the 2l5jeacj), are an Evidence of his Approbation of that Conjlitution, which had reftored to the People their former Freedom : The Sweet- nefs therefore of Liberty and Property, which the Ifraelites enjoyed, under that Rejlored Conjlitution, is the Strongeft human Reafon, why the Ten Tribes never again defired to return under the 3ttt}!ttttt|> Government of the Kings of Judah ; But thefe Gentlemen Care not, that the R e c o v e r y of the Ifraelitijh Liberty and ^Property, by this new Conftitution under Jero- boam, mould have any Paraphrafe or Commendation, or Co much as Remembrance, though the Finger of God appeared more vifibly in this Revolution, than in moft that ever happened. as 16 INTRODUCTION. 3iS tO tl)t 2DetWanOJ and Precepts of our Lord Jefus Chrifl, It is obvious, chat he did not Meddle with the Titles of Earthly Kings 5 nor Prefcribe any Rules, whereby it might be known which were the Rightful, or which the Wrongful Kings of this World : For if that had been any Part of his Bufinefs, the Rights of the Roman Emperors Julius Cafar and Auguftus muft necefTarily have fallen under his Examination and Cenfure 5 Every One knows, that their Governments were built upon the IbOjft 5r0ltnDtlti0llS 3 For, being born Subjects to the Freeft and Braveft State and People under the Sun, They, in 05^ftlc!) of their Faith and Allegiance, Afpired to be perpetual Dictators and Emperors, and, in 'Defiance of all Laws Human and Divine, Waded through Seas of Blood, Murders, Rapine, Treachery and Perfidy, to Enflave their Fellow-Subjects, and to Ufurp and Wrefr. from their Masters (who Employed and Trufted them) that Government and Power which they them- felves had Sworn to Obey and Defend. It is plain, That He left all the Potentates of this World and their Subjects, to Decide their feveral Rights, by the 'Temporal Laws of each Nation, which they had Agreed on, or mould Agree on, and Inftitute amongft themfelves : And never Inti- mated, what Form of Government was moft Convenient or Eligible. The Kingdom of Chriit, which he and his Apoftles Erected, was quite of another Nature : It was a Spiritual Kingdom, whereby he was to Reign in the Minds and Hearts, not only of all People, but of all Kings too ; For Kings themfehes were, Equally with the meaneft People, to be Subjefls of his King- dom 5 And therefore he Compared his Kingdom to a fmall Piece of Leaven, which being hidden in a Quantity of Meal, ferments by little and little, till the whole is Leavened 5 Intend- ing, that his Doctrines, being received and pondered in the Minds of Men, mould, by the Secret and Powerful Influence of the Divine Spirit, Convince Men of the Chriftian Verity, and Sub- due their Underftandings, and Convert them to become Mem- bers of his Spiritual Dominion, Without Regard to what Earthly Kings they were Subject to ; There being nothing which this Heavenly King did fo Exprefly Prohibit and Exclude from the Propagators of his Doctrine, as 'Pride, and Afpiring after Riches, Power, and Dominion, and Lording it over his Subjects ; And much INTRODUCTION. 17 much le(s were they to Lord it over the Kings of the Earth, Luke xxii. vet. 2j, 26* From This Account of Scripture Kingdoms, It is Obvious, That fuch Gentlemen as take their Meafures of Temporal Governments from the Hiftory or Precepts of the Scripture, and Inftil into, the People, Notions, That our BritiJJj Kings, by Virtue of any of the Rules there prefcribed, ought to be Abfo- lute or ^ttbiitcltp, or to Inherit the Temporal Crown of this Kingdom of Great Britain, by a Divine IndefeazibJe Here' ditary Right of Succeifion, Do aiTume, without Grounds, and, as "Miftaken Guides, Impofe on, and Miflead the People, and Caufe them to <£tt- For, there cannot be found either in the Old or New Teftament, any Defcription of the particular Family or Race of Men, which are, or ever were Kings of this Nation 5 Or of the particular Laws of this Land, by which Right or Wrong are to be meafured between the Crown and the Subjects of Britain 3 or of the French Conftitution, called the Salique- Law, which Excludes the Proximity of Blood, and the Primo- geniture of the Females, and gives the French Crown to the Males : or of the Stipulations of Germany ; by which the Em- peror s Election, and the Rights of the feveral Princes of that Country, are to be determined : Neither can thefe Gentlemen c I)emonjlrate, when, or by whom, or how, or by what Autho- rity, the Suppofed Hereditary Right of Succeffion to the BritiJJj Crown, was made IndefeazibJe. Thefe Erroneous Notions, neverthelefs, have fo Swell'd many Peoples Difaffe&ion, that they Imagine all Kings to be Wrong- Doers, who have not fuch a Right, as thefe Gentlemen are pleafed to call Hereditary and Scriptural; and the Dilaffeclion becomes the more fixed^ Becaufe the Profpect of a long Train of 'Pretenders, nourifhes, and upholds their Hopes and Expectations 5 Forafmuch as when the prefent Exploded Pretender, and his Iflue, fhall fail, Their Suppofed Right, will, as they fuppofe, Defcend to the King of Sardinia s Son, and from him to the prefent French King, and from him to the SpaniJJj Prince of Ajlurias ; and therefore they Encou- rage one another, that their Pretences will acquire Strength, as rhcir pretended Right Gradually Defcends. This Party Comfort themfelves with the Viciflitude of human \rTair\ and hope that the Riches of their future Pretenders, E Efpecially i8 INTRODUCTION. Efpecially if they aflbme the c PretenJion of being i Protejia7its, and being Armed with what they call an Indefeasible Heredi- tary Right, will at laft Gratify their Averfions, and Crown their Expectations. This being the CtEOJ of Great Numbers of People, It comes to be a Subject worthy of the moft Learned and Beft- AfTected, to Exhibit to the World fuch a Legal Syjlem of the BritiJJj Government, as may Subfifl without Arguments arifing from Convenience or Force, which prevail no longer than till that Force can be removed, by a Greater 5 or 'till that Conve- nience fhall be Succeeded by a better 5 and which will Engage the Reafoning World, and furnifii Weapons to the Friends of this Conftkution, Confiding of fuch plain and undeniable Facts and Truths, and of fuch Confecjuences unavoidably flowing from them, as may Convince the Adverfaries Judgments, or drive them to the darkeli Evafions. The Advantage therefore, of an Attempt of this Kind (if Ef- fectual) will be inefHmable 5 Becaufe though thefe Difpofitions of Mind, in Multitudes of People, can by no human Policy or Power be prefently Removed or Expelled, yet by fuch a plain and Intelligible Reprefentation of the Conftkution, the Source and Spring of Succeffive and Perpetual Convulsions and Struggles within, and of Apprehenfions of Invafions from abroad, will, by Degrees, be Dryed up, or, at leaft, utterly Enervated. The Subject Matter of this ElTay has, from long Antiquity, been Efteemed, the Higheft and moft Ufeful of All Human- Learning 3 as may be Collected from the Opinion of Nicocles King of Calamine (a fmall Territory in Greece) for whofe Sake Socrates compofed Two Orations, in One of which he oro- poled the Rights of a King, and his Duty towards his Sub- jects • and in the other, the Rights of Subjects, and their Duty to their King 3 of which Nicocles Exprefled an uncom- mon Approbation. The Undertaking therefore ought not only to be Attempted, for the Publick Utility • but the Attempt itfelf ought to carry in it a Force and an Energy equal to its Importance : And though others, who want no Qualifications for fuch an Undertaking, have done nothing towards it, the Writer has Adventured 5 hoping, however, he fhall not ftand alone, forafmuch as he hath Commenced a Courfe or Method from which the Argument may, by the Learned in the Law, and INTRODUCTION. rp and in Hiftory, and in Parliamentary Proceedings, be forcibly advanced. But fome will Object, that though this Eflay ^Demonstrates the Right of our prefent Supreme Lord and Governor to be Paramount all other Branches of the Royal Family 5 yet the Tenor of it is Unfeafonable, and not at all Wanted : forafmuch as nothing is, to moft Governors, more Agreeable, than to be Addrefled with Plenitude of Power, nor more Difagreeable, than to be put in Mind of Reftriffions. In Anfwer to which, it is moft Certain, That the ^DbjCftlCtt is Strong and Difcouraging 3 but then it muft be owned, That it is Tempered with Fallacy, and that the Infincerity has brought not only the Abufed People, but the Flattered Kings themfelves, into the miferable Circumftances in this Eflay related. And it is as certain, That the Justice of the prefent Efta- blimment, cannot be better maintained, than by mewing the Injujlice and Wrongs of that Government, which (to make Room for it) was Tiijlurbed and Removed 3 and if that be neceffary, then it is as necefTary to fliew (for the maintaining the 'Jujlice of that Difturbance and Removal) the Antient Pre- cedents which, in the like Cafes, have been ufed and approved 5 Either of which, (to wit) the 'Juflice of the one, or the Injujlice of the other, cannot be meafured or made appear, by any Rule, but by the Conjlitution 3 the Reforming of Contraventions to it, being the Jlrongejl 'Proof of the Exiftence and Force of it 3 in like Manner, as all HappinefTes are by their Contraries beft Illuftrated 5 as the Beauty and Happinefs of Light, cannot be fo plainly difcerned, as by the Experience of the Horror and In- convenience of Darknefs 5 nor the Pleafures of Health, as by the Pains and Sorrows of Sickne(s. To Meafure the Rights of the Crown, and the Liberties of the People, according to the Legal Standard, fo Juftly and Equally, that the one End of the Scale may not weigh down the other 3 that is, to render Impartially to the King the Things that are His, and to the People the Things that are Theirs 5 is a Difficulty, which, prima facie, feems Infuperable 3 but the Z e a 1. Appearing in this Attempt, for the Ejlabli/hment and Perpetuity of His Majefty's Royal Family, and the Tranquil' lity and Happinefs of Britons, under their Juft and Legal Govern- 20 INTRODUCTION. Government, may (it's hoped) atone for all Defects in the Undertaking : In which are Reprefented, more Surprizing Vicijfitudes in Government, and Greater, and more Frequent Convu/fions, Mixed with Fury, Rage, and Bloodfhed, in the Caufe of Liberty , and in the obftinate Vindication of this Con- ftitution, and of the Privileges, and Freedom of Britons^ than are to be found in any other State or Country, . T H E 21 ■ THE OR, THE FUNDAMENTAL FOR O F Government in Britain; D E M ONSTRATING Ct)t #^gmai Contract, M HIS Undertaking; is not to Exhibit to the World a private or unknown Conftitution ; for a Constitution that is not publick and well known, is no Conftitution. But the Attempt is, to Draw together (as it were into one Map) all the Substantial Parts of the Conftitution to be Viewed, as in a LookingGlafs : And from thence, to fhew, That the Authority of the Lords and Commons Aflembled at Wejlminjler, in the Year 1688, when they Placed on the Throne the Prince of Orange, was founded on the Original Conjlitution, and on the Fundamental Laws of Great-Britain. F And; 2 2 The BRITANNIC And, as the Natural Confequence thereof, That the Authority of thofe Parliaments which Excluded the Popifh Branches, and Called to the Throne, the prefer* Protestant Heirs (or Branch of the Royal Family) was Legal, well Founded, and Warranted. Therefore, in the Undertaking are Shewed and Defcribed, I. What are the Original Conftitutions, or the Fundamental Form of Government, in this Nation ; and What is the Na- ture of the jDjigttial COtltraft at Firft Entred into by the King and People : the one to Govern, and the other to Obey 3 according to thofe Conftitutions. II. The Evidences by which the Original Conftitutions and Form of Government, and the Original Contratt to obferve them, are proved. III. Divers Inftances of the %#&&) of this *D$jtoai Consti- tution and Form of Government, and of the Original Contratf, to obferve it, and the Confecjuences of them, and the Means by which thofe 25#aCJ)C5 were in all Times Repaired. IV- That from the Whole is proved, That the late R fv o- lution in 1688, and the Difturbance of ^ttbtttdrp Power, by which it was Effected, and the Placing on the Throne the Prince of Orange ; and the Subfecjuent Settlement and Limi- tation of the Crown to the prefent Protestant Heirs (or Branch of the Royal Family) were T)e Jure, and are Juftified by the Fundamental Laws of Great Britain. V. Political Remarks upon the whole Syftem. C H A E CONSTITUTION. 23 CHAR L SECT. I. c/£r to the Original Conftitutions, and the Fun- damental Form of this Government, and the Original Contract between the King and the Teople, the one to Govern, and the other to Obey, according to Them* T is proper here to Diftinguifli between the Original Forms and Conftitutions, and the Original Con- trad: 5 The Contra£i is the Promife or Oath to obfer-ve 3 And the Constitutions and Forms are the Things to be Obferved 5 The XI)U1SS to be Obferved there- fore, rauft, in Contemplation and Underfianding have an Existence, Prior in Time, to the Promife to Obfer-ve them 5 the Law muft be Inftituted before any Engagement can be made to Obferve it : But when the Conftitutions and Forms of that Law are firft made, and after that a Contract is Enter'd into, to Obferve them ; the Words Original Contract, and Original Conjlitutions, become Synonymous Terms, and mean the fame Thing. SECT. 11. THE Propofition therefore, being, That the Govern- ment of this Nation was at firft founded upon certain Origi- nal Conftitutions and Forms Agreed on, and Inftituted, and upon an Original Contract reciprocally Entered into, to Obferve them, it is recjuifite to run the Inquiry into other Originals, from which it may be made appear, by whom, and when, and why, the Original Lonfli tut ions and Forms, and the Original Contract 24 The B R I T A N N I C Contract for the Government of this Nation were at firft Made and Inftituted. In a Matter of this Nature, where the Ufage of Specific Forms of Government hath been Conftanr, Clear, and Certain, and the Commencement of thofe Forms is Antient, and beyond the Time of Memory, and all Memorials of that Commence- ment have been Loft ; Presumptions areof Neceffity to be made Ufe of, and Allowed ; in regard Prefetmptions, where they are Strong, and in a Manner Violent, and Confident with the Conftant Practice and the Natural Courfe of Things 5 are in other Cafes allowed as Convincing Evidence 5 Stabitur 'Pre' fumpt'w dov.ee probetur in Contrarium. This Method feems Reafonable 5 For if a Man were to Write a Tlefcription of fome Antient Stadthoufe or Townhali, ftand- ing in fome fmall Province or large Parifh, being of an Antique Figure, but Admirable for its Porm and Strength, whereof all the old Memorials, in point of Time, of the firft Building, and of the Builders Names, are Buryed in Oblivion (for which End, Wejlminjler-Abby may be taken for an Example) 5 might not fuch a Writer prefume and fuppofe, That the People of that Country or Place, met together in a Parochial or Provincial Jffembly, and there Debated, Agreed, and Refolved to Erect fuch a Vabrick as mould be a Monument to After-Ages of their Art and Magnificence ? And that fince Every one, partaking of the Honour, was to contribute his Affiftance, in Labour, Skill, or Provifion of Materials 5 Each Perfon therefore was to have free Liberty to propound in the Aflembly, his Sentiments of the Undertaking ? May not therefore the Writer of fuch a De- fcription, Prefume, That the Length, Breadth, and Heights, as alfo the Number and Form of the Pillars, Doors, Windows, and other Ornaments of this provincial Structure, came under the Aftembly's Debate, and Confideration ? May not fuch a Writer Aflign Names to the principal Artificers, fuch as Chief Architects, Mafons, Carvers, and fuch like Workmen, who Excelled in Skill, and Contrivance ? And may not Arguments from the Symmetry, Strength and Beauty of the Pillars, and other Parts of the Fabrick, that Continue Vifible and Apparent, be Inferred 5 That thofe People were Wife and Magnanimous in their Generation, and that the whole Structure in the Original Foundation, and Formation of it, was at firft, and at one and the fame Time, Modelled and Contrived 5 forafmuch as the Pillars CONSTITUTION. 2 5 Pillars (on whom the Subftance and the principal Weight of it, was fubfifted and fupported) could not be in After-times Intro- duced and Subfifted : And therefore, if fuch Prefumptions mav in fuch a Cafe be permitted, The fame Liberty of Ufing Pre- fumption, may, in the Cafe in Hand, be Allowed. We find, That the Original of all the People in the World, at the Time of the Flood, Confifted only of Eight Per- fons, viz. Noah and his Wife, and their three Sons and their Wifes ; And that thefe few, by an Extraordinary Providence, Encreafed in about one hundred Years, to an immenfe Multi- tude, too many to continue in one Country : Who were, as one Man, poflefled with a Fear of the World's being ao The BRITANNIC perty and OwncrlTiip (to wit) in Cain of the Fruits, and in Abel of the Flocks h for elfe, if all Things were in Common, and each had as much Right as the other, in every Thing ; Cain might have claimed the Benefit of Abel's Offering as well as Abet himfclf, and the Acceptance of 'Abel's Offering had been the Acceptance of Cam's, becaufe Cain would, in that Cafe, have had as much Right in it as Abel 5 the Conference whereof would be Confi'fwn. Britamms proceeded, and fhewed, That this Natural Right of each Man in his own 'Property, Inferred another Natural Right Inherent, viz. A Right not only to defend his Property, bu? to Challenge and Recover ^>a>tt£fttftlOn for Injuries done to it : For when Property is Admitted, Nature itfelf Dictates, That it could not be Juft or Righteous for Abel to Enter on, or Deftroy the Fruits of the Ground tilled by Cain ; Neither could it be Juft or Righteous for Cain to Kill or Deftroy the Sheep which Abel kept and preferved $ or, which is all one, to Deftroy the Pafturesthat fed them : and therefore, if one of them had forcibly Invaded or Spoiled the other's Property, Nature itfelf would have Inftigated the Perfon Injured, not only to Defend his Property, by repelling the other's Force, with Force, bun to Endeavour to Obtain a Reparation for the Damages, if he had Means to Compafs or Effect the Vindication. But then thofe Contentions about Property, Introduced Battles, and Wars ; and thofe Introduced «§>lfltietp 5 becaufe the Con- queror might deal with his Captives as is before mentioned. Britamms added, That this Reafoning was a clear Confuta- tion of the fabulous Dreams of fuch, who Imagine there was once a State of Nature in which all Things were common, without any Diftinclion of Property in One more than Another : For if there never was fuch a Nature, there could never be fuch a State of it. But he owned, That there was a State of Vio- knee and Infecurity, in which every Man's Property, and his Natural Right in it, for want of human Power to Defend it, or Laws to punifh Invaders and Offenders, lay at the Mercy of thofe Idle and Vicious, but Strong, People, before Defcribed , and this Infecurity introduced another Inconvenience, that a Man might kill his Enemy, who would kill and deftroy him ; which made Men too much Judges in their own Cafe $ and that therefore thofe were the Diforders which the Ajfembly was now Con- CONSTITUTION. Convened no Reform, by Inftituting human Laws to Afcertain and Support the Laws of Nature. The Aifembly heard Brit annus with Pleafure, and his Grand Motion being for the General Good, and being the Salus Topttti, and the End of Government 5 the Propofition, and the Reafonings upon it, were Unanimoufly Applauded and Ap- proved. And thereupon it was Refolved and Agreed, Nemine Con- tradicente, That this Propofition fo made by Britannus, and all the Parts of it fhould Be, and be Ordained, Statuted and Inftituted, and Be, and become the Unalterable and Inviolable Basis, and Fundamental Principle and Sub- ftanee of the whole Government 3 in which all the other Parts of it were (as in the Axis) to Centre $ and that the fame fhould never be 3Ut£t£& or Impaired by any Perfons, or by any Power, or upon, or for any Reafon or Pretence, True or Untrue, whatloever. Brit annus further propounded, That it fhould be added to this firfi: Principle, That if any Man fhould be Murdered or Robbed of his Goods, the Perfon Robbed, and the Son and Heir, or Brother and Heir, of the Perfon Murdered, being the Party Grieved, fhould have a Suit or Action of Revenge, to be called an 3ipD&U of Murder, and an ^ppCcll of Robbery j in which the Offender fhould be Punifhed with Death, in Revenge for the Injury, without Power or Authority in any Perfon whatfoever to interrupt the Profecution, or to pardon or remit the fDfftfltt, or to obftrucl: the Execution, unlefs the Profecutor himfelf fhould pleafe to Forgive the Wrong, and ReJeafe the Condemned Male- factor 5 arguing, That this Privilege would be a Viable and ^JUMltllC 25 in the Defcent and Inheritance of them 5 that is, Whether Men fhould be Enabled to Settle their Lands, fo as to Eftablifii in their Fa- milies, an Indefeasible Hereditary Right, without Power to Mien. This Queftion being Difficult, various Arguments arofe there- upon. The Magnates, or Great Men, who by their own or their Anceftors Virtues or Good Fortune, had acquired Great Pof- feffions, Argued for ^CtpttUtttCS, and for a Power to Efta- blifii an Indefeasible Hereditary Right in their Lands. Jgricola, an Eminent Commoner, Argued, on the other Side, That the Courfe of natural Proceedings mewed, That Great Eftates in Lands were generally acquired by Men Learned, or Valiant in Wars, or Adventurous in Merchandize, and by the Induftrious, and Frugal : That fo long as thefe Families pro- duced Men of like Virtues, their Great Mjiates would indeed Enable them to be Supports to the State, Ornaments to the Nation, and Benefactors to Mankind : but when thofe Caufes ceafed, the EffecT: would likewife ceafc. Mercator, another Eminent Commoner, Seconded Jgricola., and urged, That this Ifland is furrounded with Advantages for Trade, which is the Source of Riches, and that Riches were the Bafts of 'Power 5 That fuch an Indefeazibk Hereditary Right would Engrofs and Perpetuate in a few Hands, all the defirable Parts CONSTITUTION. 33 Parts and the Nationa of the JJland, by which the Springs of Induftry and Arts, he National Riches and Power, would be Stagnated. Thefe Arguments of Agrkola and Mercator, were approved by a Vail Majority of the AlTembly. Brit annus Collected the Senfe of the People, and Exprefled himfelf to this EffecT:, viz. That, in his Opinion, the Arguments for this Indefeazible Hereditary Right in Lands, tended to In- vert the Order of Nature, and to fight againfl Omnipotent Power, by Endeavouring to make thole Things perpetual and Immutable, which God hath Decreed fhall be Changeable : And therefore propofed, And accordingly it was Refolved and Agreed by the AlTem- bly, That an Indefeazible Hereditary Right in Lands com- monly called Perpetuities, fliould be Avoided and Difcouraged, and that Lands mould be Alienable by one Man to another 5 and that this Resolution fliould be, and become a Perpetual and Inherent Quality of all Mens Inheritances. SECT. VII. THE Foundation being thus laid, Brit annus, in the next Place, propounded, That for the Prefervation and Maintenance of the firfl Poiition, or Fundamental Principle of Government, an Absolute, or Arbitrary, or Leg is l ati v e Power fliould be Ordained, Inftituted, and Erected, to which every one was to pay his Obedience, and Contribute his Affiftance, and which fliould be Irrefipble, viz. An 3bf0iUte $&0l\)££ to Make and Alter, Change, or Sufpend, and Repeal Laws or Rules for the good Government, Guide, and Conduct of the whole People, according to the Exigence of the State, and as the Neceffity of Affairs fliould require $ with this Restriction only, That nothing fliould be done by this Abfolute or Le- giilative 'Power, to Subvert or Confound the Firft and Funda- mental Principle or TStlOS of this Government. This Propofi- tion being Deny'd by no Man, it was Refolved, and Statuted, That it fliould be, and become an Article of the Original Con- Jiitution, SECT. o 4 The BRITANNIC SECT. VIII. THAT which Appeared to be the Grand 'Difficulty in the whole Contexture or jfOimiiUtOtt of this Government or Origi- nal Conftitution, was how, and in what Perfons to Place or Depofite and Intruft this Abfolute, Arbitrary or Legi/latwe 'Power, 3Jn XtUft for the whole Body of the People. The Debates upon this Head were many and long $ for Every one that could Speak and Argue, did Speak and Argue upon this Point. And a Few of each Sort arid Degree in the ^ftCUtWp, Moved and Argued, That this Abfolute and Arbitrary or Legifla- tive Power might be Intruded in the Hands of One Jingle Per- fon, who mould be Declared a King, or Monarch, and that he fhould have a Royal, or Imperial, or Arbitrary Authority, Supreme or Sovereign, over all Perfons, and over all their Eftates, and that he being (as it is always to be prefumed) a Wife and Valiant Man, would take Effectual Care of the Wel- fare or Common Weal of the People, and would have it in his Power, to make Timely, or Seafonable Proviilon for the Prote&ion of his People, and for the Prefervation and Mainte- nance of their Liberties and Properties. The Spirit of this Party is Remarkable, becaufe though it was (as appears in the Sequel) at this Time, Over-ruled, and, in a Manner, SupprelTed, yet it has been kept alive, and con- veyed down to Pofterity 3 and for Diftinition therefore, this Party may be called, %\)t 3tt)fclUSe Q$Qmitl)V^m* The reft of the ^ftctttbty oppofed this Propofition, with Great Warmth and Indignation, and, in particular, Agricola Infilled, That the XtttftlttS any one Single Perfon or Monarch with the Abfolute, or ^ttHttaty, or Legillative Power, was ut- terly Inconfiftent with, and Deftructive to the Firft Article and Fundamental Principle of the Conftitution, before Agreed on, and Inftituted, becaufe the Life, Liberty, Property and Eftate of every Perfon, would be in the Power of this ^ttHfttltp 5$0!iatct), to Difpofe of them at his Will and Pleafure ; That Kis Will therefore, which no Man could know, would be the Meafure CONSTITUTION. 35 Meafure of Right and Wrong, Mifera eft Servitudo ubi Jus vagum & incognitum : It was alfo Infilled, That the Natural Fruit of ^rUittarp ^ODDCt was the Oppreffion and Slavery of the People 5 That OppreJJion was as infeparable from ^.tblttiltp Power, as the Shadow from the Body 5 That it may be faid of fuch a Monarch 5 Whom he will, he II Kill 5 Whom he will, hell hep Alive 5 Whom he will, he'll make Rich 5 mid, Whom he wills he'll make 'Poor. It was, moreover Urged, That where 3frt)tttatp SCUll and Pleafure Guide and Conduct, or Reign without Controul, and Princes are at a full Loofe, to Execute whatsoever their Groundlefs Sufpicions, their Extravagant Humours, or their Wild Capricio's may prompt them to 5 no Man's Fidelity, Good Ser- vice or Merit can Secure him, either in his Perfon or in his Re- putation, Liberty, Life or Fortunes 5 for, under fuch a Govern- ment, a Malicious Whifper of a Minion, or a Harlot, or ark Arbitrary Minifter of State, may caufe the mod Meritorious Man to be Deftroyed, without knowing what he is Accufed of, or being called to Anfwer, or admitted to Defend himfelf, or to have an Impartial Tryal or Judicature : The Extravagancy of the Propofal was therefore Apparent. Brit annus, for this Reafon, moved two Things 3 Firft, That the Abfolute, and ^tbittatp, or Legiflative Power mould never be given to, or trufted with, any fingle Perfon or Monarch j upon which, many Debates did arife, Pro & Contra, and the Queftion being put, it was Carried in the Negative, viz. That an Abfolute and ^tblttftty, or Legifla- tive Power mould never be given to, or trufted with, any fingle Perfon 5 the Numbers were as oo to 1. SECT. IX. SECONDLY, That it mould be an Established Principle of this Conftitution, as neceflary to its own Sell> Defence and Prefervation, That whenfoever an ^tbltttlEp or Legislative Power mould be AlTumed and Exercifed over the Lives, Liberties, or Properties of the People of this Nation, that in that Cafe of NeceJJity, and when all other Means failed, They, and their Pofterity, mould 1)ifturb, and have a Right to Difturb and Remove the Minifters of fuch ^tfbltftltV Power> and 3 6 Tbe BRITANNIC and to PuiTue and Supprefs them, as the moil Dangerous Enemies to the Lives, Liberties, and Properties of the People of this Nation. Here Brit annus laid, That in order to Obviate Sophiftical Cavils, it might be Convenient to Explain the true Meaning of the Words Arbitrary #Dlt>rt 5 which he laid meant, That whensoever any fingle Perion or Monarch fliall aflume a Legis- lative Capacity, or an Authoritative Power to Make Laws, or, which is all one, to Alter the Laws in Being, or Difpenfe with, or Difannul them, or to Evade, or Suipend the Execution of them 5 and fliall iffue out Commiffions and Commands to execute his Orders, as equal with Laws \ and if thofe Orders be of a General Nature, affecting the People, in Cafes which are every Mans Cafe 5 Then it might be properly perceived, and known, and Refolved, That fuch a fingle Perfon, or Mo- narch, does Aflume and Exercife an ^rblttatp, or &Cgl(Utlt)C Brit annus added, That this Principle would be found, not only the molt Innocent of all others, but the moft Ufeful 3 be- caufe in Times, when 'Jujlice and Good Government, according to this Conftitution, mould be Adminiflred, and no Man's Property, or Freehold, or Liberty Invaded, there would be no Occafion to think of, or remember a Right of this Nature, which, if remembered, would be of no Ufe. But in Times when fuch an 2tttHtVatp or Legiflative Power fhould be Aliened and Exercifed, and this Confiitution Subverted, Then this Latent Right would appear to be the Sole Means, by which this Conftitution can be preferved 5 for thofe Inflitutions mull be altogether Vain and Ufelefs, where 'Power and Autho- rity are Wanting to Enforce the Performance and Obfervance of them. This Proportion fo Explained, was Agreed to, and it was Refolved by the ^ffttllbly, an d Ordained, and Statuted, That in Cafes of Necejfity, and when all other Means failed, the People mould have a Right and 'Privilege, in fuch Manner as Britannus propofed, to 'Dijlurb, and Remove (or, in other Words, to Defend their Hereditary Rights, Privileges, and Properties, againfl) the Minifters of fuch ^rtUtXat? Powers, as by this Conftitution are Denied, if fuch 0Oti)Ct fhould ever be AiTumed or the Minifters Engaged in the Deftru&ion DO and CONSTITUTION. 37 and Subverjion of this Conflitution, or the Form of Government now Instituted 5 and that this Refohttion mould be, and become Part of the Fundamental Form, or Principle of this Conflitution and Government. *3>01i1C others (more in Number) Moved, and Argued, That the Abfolute, and ^rbltttitP $0VMt might be Lodged and Trufted in the Hands of the Nobles, or Great Men, in the Nature of an Arijlocracy 5 Urging, That thefe Nobles, con- filling of a good Number of Great, and Rich, and Wife Men, would perform the ITtllO:, for the Good of the People 5 and that no one Single Man amongft them, ever could Dare, or Attempt, to aifume the Abfolute and Arbitrary Flower 5 becaufe all the reft would oppofe him 5 and that this Body of Nobles, would, for their own Sakes, take efpecial Care of the Liberties and Properties of the ^COPlC in General, becaufe they them- felves would have a very great Share in them. . But this Motion was Oppofed and Rejected by the Majority „' who Argued, That fuch a Method, inftead of making One 2Ubitratp> would make Many ;&tDttrai:p Bm^s* Britannus therefore propofed, That it might be Agreed and Refolved, both Negatively and Affirmatively, in this Cafe, Mu- tatis Mutandis, as it was in the former Cafe of a fingle Perfon or Monarch y which was Unanimoufly done accordingly 5 and this Refohttion became another Article of the Original Conflitution. <§)0UtC others (ftill greater in Number) Moved and Argued, That the Abfolute Power might be fafely Lodged and Trufted in the Hands of the whole Collective Body of the People , Inclu- ding the Nobles and the Commons, in the Nature of a SPciilO^ CftlCP j Urging, That the People, in general, ought never to be 'Diflrufled, becaufe they themlelves were to be Prejudiced and Damnified by any evil Ufe or Mifmanagement of fuch Abfolute Power 3 and that it was a Contradiction to fuppofe that they would act any Thing contrary to their own Intereft, or tending to their own Deftruction. ■. But this Motion was warmly Oppofed by the Majority of the Ajfembly, who Argued, That tho' the Common People generally Apprehended right, yet they were uncapable of Judging or Diftin- guifhing rightly 5 That they were generally led away by fome K Turbulent, ^3 and the whole Body of the People of this Nation, and fliould be AiTembled together, upon all Qcea- fions, when the National Bufinefs fliould be Extraordinary. That the Firft, and moft Excellent Estate, as the Head of the whole Political Body, fliould be taken or formed out of the Monarchy 5 The Second, or next Estate, cut of the Arifiocracy 5 and the Third, or Inferior Estate, out of the 'Democracy 5 and that in thefe Three Eftates 'Jointly, and in none other, they fliould Place, or Lodge, and Intruft the whole Abfolute and ^ittHttaty, or Legislative, Power j and for this End, he Defcribed the Three Eftates. I. That the Firft, and moft Excellent Eftate, or Supreme Head of this Great Body, fliould be a Political Supreme Office^ to Guide and Conduct the Reft 5 and, for that Reafon, fliould be raifed above the Reft, which fliould be the Glory of the Na- tion 5 and that, to add Majesty, it fliould be Crowned with aCROWN of Pure Gold, Adorned with the Richeft Gems, as Caput Regni -, That to this Crown there fliould be Annexed Royal and Sovereign Rights and 'Prerogatives, which fliould give it a Luftre and a Veneration fuitable to the moft Excellent ^Dignity ; That the fingle Person, who fliould be Declared Supreme Governor, or Head, to Execute and Adminifter this Highejl Office, and to Wear this Crcmin, fliould be ftiled KING, and fliould have fuch Honours paid him, as are due to Royal and Imperial Majejly 5 and that a THRONE fliould be raifed for him, on which he fliould fit, when he Per- forms the Higheft Acts of Government 5 and that his Person fliould be Exempted from all Coercive and OrTenfive Acts of Violence whatfoever, upon, or for any Reafon, or Pretence of any Reafon, whatfoever 5 and that the First Person who fliould be Declared King, and all fucceeding Kings, fliould, at, or foon after, his AiTuming to Exercife the Regal Power, be Crowned with the greateft Solemnity. II. That the Second Estate fliould confift of fuch a Competent Number of Great Men, as the King, who was to be the Foun- tain of Honour, fliould chufe, and call from amongil the Peo- ple, 4° •The B R I T A N N I C pie, to the Dignity of Nobles, or Lords, who, when Aflembled together, fhould be called and ftiled, The Hoitfe of HOJDS, and who fhould have an ^CtCDitcUrp Privilege and Right to be of the Great Council of the King and Nation. III. That the Third Estate fhould Conlifl and be Formed of a Competent Number of Commoners, to be from Time to Time Elected and Chofen by the Common People of the feve- ral Parts of the Nation, to be their 'Temporary Representatives and Truftees, to Act for, and on their Behalf, and for their Benefit, Advantage, and Vindication in all Things ; and that fuch Commoners, fo Elected and Chofen, and being Ajfembled together, fhould be called and ftiled, The Houfe of COUimOttS, and that thefe Elections fhould be Free and Spontaneous, without Menace or Fear, Force or Corruption 5 and fhould be, and be Accounted, the Hereditary 'Privileges of the People. Britannus, having thus Defcribed the Three Estates 5 proceeded to propoie, That when the King, or Supreme Head and Governor, fhould think fit to Summon, or Call the other Two Fflates together, to Affemble and Meet, and Advife, and Affifl: him in the Arduous and Difficult Affairs, Touching his Royal State, or the State or Defence of the Nation - y thefe Three Ejiates, to wit, the King, the Lords, and the Commons, being fo Aflembled, fhould be the Great Reprefentative of all the People, as if they were all Convend into one intire Body and General Ajfembly, and fhould be called, The Parliament, and the Grand Incjuifitors and Council of the Nation 5 and that the Abfolute, and Unlimited |B0ll)Ct of Making and Altering, or Changing Laws for the Good of the whole Collective Body of the People and Nation, fhould be fOUItlP Vefted in fuch Parliament, fo Compofed of fuch Three Estates of King, Lords, and Commons, in Parliament Aflembled 5 and that no Law fhould be made, or be Obliga- tory, or have the Force of a Law, nor any Law, nor any Part of a Law, fhould be Altered, Changed, Repealed, Sus- pended, or Declared Void, or Rejected as Ufelefs, unlefs the fame fhould be fo made, and done, and eonfented to, jointly, by, and with the Concurrence and Authority of all fuch 3lI)2C0 <£ fttltCS in Parliament Aflembled 5 Urging, That the Form of Making and Enacting Laws, is the very <|£{fCUtC and Foun- dation of Government. . • L J SE CT. CONSTITUTION. +.« SECT. XL BUT then Britannm propounded, That this Abfolute Power io to be Given to and Veiled in them, fliould be Qua- lified with fome ^rniClttO'St, in the Nature of Reftrittions ; And here he Defired Leave to Clear himfelf from Miftakes ; as if he Meant Contradictions, when he mentioned a Power to be Abfolute, and yet Reflrained 5 for that would be oppofitiim in objetto ; but he would be Underftood to Exclude Inconjijleu- des y and to mean a Difference between the 'Power and the Act, or between an Abfolute 'Power and the Exercife of that Power : He Argued, That (with Reverence) it might be faid, There were lome Things which the Omnipotent Power could not do, i)«. That when He made a Law for Mankind, Directing, That the Obedient mould be Rewarded^ and the Difobedient Pu- nifhed 5 he could not Give Rewards to the Difobedient, merely for their Difobedience, or Punifh the Obedient, merely for their Obedience to that Law 5 becaufe fuch a Proceeding, would be Inconfifient with the Divine Truth, Purity and Juftice. Britannus Added, That the Firft Article of this Conflitution, was already made the Unalterable Bails of this Government 5 and by that Article it is Inftituted, That every Man mould have the Liberty of his Perfon, a Property in his Lands and Goods, and a Free- dom of Trade, &c. and therefore, fince the Abfolute Power was Vefted in the Three Eftates, fome Memento's ought to be Added, not Directly to Reftrain, but to Guide the Exercife of that Abfolute Power. He Argued, That t the Refemblance between the Natural Body, and the Political, might be Alluded to, in the Cafe in Hand ; For when God Created Man, he Made him a free Agent, to Chufe or Refufe what he pleafed 3 but, at the fame Time, he Implanted in Man, as Part of the Effence of his Na- ture, the Law of Self-Prefervdtion, including therein the Paffions of Hopes and Fears, Love and Hatred, whereby Man was Trifled, with a Care and Faculties, to preferve himfelf 5 but Man, according to his Unlimited Freedom, might, if he would, Deftroy his own Life 5 and if he did fo, he was an Offender, and a Breaker of the Law of Nature. He Argued, That when the Abfolute 'Power mould be Vefted in the Three Eftates, a Xtttft fliould be Tacitly Con- L veyed, 4' 2 77* BRITANNIC veyed, in Company with ic : That it fhould be Exercifed and Ufed, to Promote and Advance the Ends of the Firft Article, which was the Salus 'Popu/i, and the End of Government 5 and that therefore the Reflritiions he meant, were hot properly Re/tri&ions, but Memento's : That to Unmake or Impair the FrrTt and Original Principle of this Conftitution, in Relation to Mens Lives, Liberties, Properties, and Trade, before Statuted, or to Unmake, or Extinguifli the Inftitution of Parliaments, or to Break their Power, or to Part with, or Delegate away their Power or Being, or to do any Act or Thing, from whence it may be Inferred, they fhould never meet again, as a Parliament 5 or to take from any Innocent Man the Liberty of his Perfon, or his Freehold, Inheritance or Property in Lands, Revenues or Goods, without his Actual and Exprefs Confent (and not by any Implied Confent) unlefs it were to Build Forts, make Rivers Navigable, or to Enlarge Highways, &c. for the Pub- lick Ufe, Safety, or Utility 5 and not in that Cafe neither, with- out Giving, in Exchange, an Ample Compenfation 5 COOUlt) (as he Argued) be Acts In confident with the very End of the Grand Trujl Repofed in the Three Eftates, and would Contradict and Oppugn the very Defign of their Ordination, and Turn that Power to Deftroy that very Thing, it was given to Preferve 5 and therefore he propounded thefe Confederations, not as Direct Reflections, but as Mementos 3 to Direct and Guide the Exercife of the Abfolute Power, in Making and Altering Laws. Brit annus Argued, That Elections of the Commons, would bring them into a large Share of the Abfolute Power 5 But then he Propounded this Explanation, That thofe Elections fhould Include this Reflriction 5 That the Reprefentatives fhould not have Power to Extinguifb, or Part with, or Give, or Delegate away in Part, or in the Whole, the Peoples Share, in the Legis- lative Power, or any of their Hereditary Powers or Privileges, into the Hands of any Perfon or Perfons whomfoever, either in Parliament, or out of Parliament $ for thofe were to be Infe- parable and Unextinguifhable : But, above all, that They, as Reprefentatives of the People, fhould not have Power to Give away, or Extinguifh, or Unmake, the Power or Right of the People themfelves, of Electing New Reprefentatives, of to Vote or Agree, That the People fhould have no New Elections, or fhoiild never Elect acrain. He CONSTITUTION. 43 He Argued, That it would be Abfurd, and Unnatural, to Imagine, That thefe Truftees or Representatives, Intruded with a Secondary Power, to Act for the Good of the 'People, fliould have an Authority to Give away, or Extinguiih that 'Primary Power 5 which Gave the Secondary ; Forafmuch as fuch a No- tion would infer, as if the People fhould Chufe Reprefentatives, to Act againft their Intereft, or to fuppofe, That Plenipotenti- aries might Abrogate and Abolifh, the Power of their Condim- ents or Principals. Brltannus Argued, That in Regard the Dernier Refort, in Matters of Juftice, and the Power of Making Incjuifition for Publick Offences and Offenders, and Redre/Iing Grievances, and the Power of Amending Old Laws, and Making New Ones ; and, confecjuently, the Power of Offending and Defending, in Dealings with Enemies, were to be Vefted, and Intruded in the Parliament : And in Regard Juftice, in thofe Matters, could not be done, if Parliaments were not AlTembled, he therefore Propounded to the Aflembly, That it mould be Ordained and Sratuted, That the ^ffemblUlg and Holding of Parliaments, fliould be Deemed the Bails of the Acting Part of this Confti- tution, and the Pabulum, or Materia Prima, to Feed and Give Strength and Force to all the Motions of this Government, and to the Powers of this Nation -, and that it fhould be underftood, That the Mind and Intent of the Nation, or People, will firft Move and Appear in Parliament, and will (as the Heart tranf- mits Blood) Impart Spirit and Vigour, as well to the Head, as to all the other Parts of the Body Politick, whereby the whole Structure of the Government is to be Nourifhed and Main- tained : and that therefore the Aflemblino; of the Parliament mould be Accounted a Debt due^ in Juftice, to the Nation. All which A lotions and Propofitions, being Approved, the Aflembly Refolved, Agreed, Ordained and Statuted $ I. That there fhould be Inftituted and Ordained, fuch Thr.ee Estates of King, Lords and Commons, to Reprefent, in all Things, this General ^HTcilltllp, Accounting the Intended King to be the Sovereign and Supreme Head of the whole Congre^ gated Body.- IT. That 44- CMC U>U)et, as Truftees for the Whole Body of the People 5 Qualified, never- thelefs, with the Mementos or Reftridtions Propounded by Bri- tanntist, and Elpccially with that Reftriclion, whereby they are Difabled to Give $0UKt to any other Perfon or Perfons, to Impofe Taxes, or Levy Money, either in or out of Parliament; And, III. That in Regard the 3lfteml3lMg and Holding Parlia- ments for the Ends afore laid, was to be not only the Bails, but the Pabulum, or Materia Prima, to Feed, and Give Strength and Vigour to all the Motions of Government, and to the Powers of the Nation, and particularly in Cafes of Offenfive or Defenhve Wars 5 that therefore fuch Ajfembling and Holding Parliaments, fhould be Deemed a Matter of^ujtice due to the Nation $ And that a Failure therein, fhould be a Failure of Juftice, or a Denial of the proper Food or Aliment to the Nation. And that thefe Three Refolutions and Ordinations, with thofe Qualifications, fhould be, and become the Fundamental and ElTential 5fO^Ul of this Government, and the Hereditary Powers, Rights and Privileges of this People, and fhould be, and be- come Unalterable Parts of the Original Conftitution, for the Conduct and Governance of this Nation, never to be Impaired, Abolifhed, Abrogated, or Altered. SECT. XII. BRITJNNUS having thus Overcome the Grand Dim"- culty, touching the Difpofal, and Settlement, and Qualifications of the ^V\3ltTCtltp and Abfolute, or Legiflative Power, he proceeded to propound feveral Towers and Privileges, which as Incidents ought to be Provided and Aligned to Each of thefe Three Eftates, in Order to render the Frame of the Government Uniform, Strong, and Honourable. And becaufe thofe Powers and Privileges, relating to the Glory and Grandeur of the Crown, and the Majejfy of the Intended King, that was to wear it, were moft Numerous and of CONSTITUTION. 45 of the niceft Nature, he dehred Leave to poftpone them, and proceed firft to thofe Powers and fdjtlHlCgCS which were proper tor the other Two Ejiates, and Difpatch them, as being few and fliort, and of a plainer Nature 5 and accordingly propounded, I. That the Houfe of Lords, befides their Fart in the Legifla- ture, fhould be Inverted with, and fhould have, as Interwoven in their Constitution, thefe Special Powers and f^jjilJllCgCSj viz. That their Right of Peerage fhould be deemed a Special Truft for the Whole Government 5 That they mould have the Dernier Re- fbrt only in all Matters of Judicature ', and the fole Judicature of Impeachments Commenced and Frofecuted by the Commons 3 and that it fhould be deemed an EfTential Part of that Judicature, to take Cognizances of thofe Impeachments, and to Hear, and Deter- termine the Matters therein Charged 5 and the Reafon he gave, for Inverting them with the "Dernier Refbrt, was, Left ^JllCgill Judg- ments in Inferior Judicatures, fliould Creep in, and Enervate, and, by little and little, Undermine and Change the Fundamental Form and Principles of this Conftitution 5 of which there might be fome Danger, in Regard the Judges would neceffarily be of the King's folC Nomination and Appointment. But in Queftions of ^opttfcp, where the Claims on either Side, fhall not be mixed with Equity 5 This Ultimate Judicature fhould (without Additions to fupply Defecls) give the fame Judgments, as are prefenbed by the ftricl: and politive Laws in Being 5 Becaufe thofe Laws mould be every Man's Birthright, and mould have no GonProulef, nor be ControuJed by any Judicature (Except only by that ^01t)?t which is to be Legisla- tive, in which every Man's Confent is to be Involved) • For if a Law and Rule of Froperty be made, and a Man's Cafe fhall not be Determined by it ; the Law, and the Authority of the Makers, would be Vain and Nugatory. II. That the I^OUfC Of COlimtOttSf, befides their Tart in the Legislature, fhould be Inverted with, and fhould have, as Interwoven in their Conjlitution, thefe Special Powers, Rights and ^MiegrS, (viz.) the fole Right and f^OHttt over the Monies and Treafures of the People, and of Giving and Grant- ing, or Denying Aids or Monies for the Publick Service, and fhould have the Firft Commencement and Confederation, and the fole Modelling in their Houfe, not only of all Laws for Impojing Taxes, and Levying and Raifing Aids or Money M upon 4 6 The BRITANNIC upon the People, for the Defence and Support, of the State and Govermne?it 3 2i5Ut alfo of all Laws, touching the Taking from any Man his Froperty 5 and fhould have ^OlUft to Inquire into, and JtttJCJC of the Ufes and Occafions for which Monies are to be Demanded and Given 3 and to 2ippj0p?tatC the fame to thofe Ufes, and to Inquire into the Applications, and to Cenfure the Mifipplications thereof 5 and that this l&tgt)t fhould be fo Inviolable, That Neither of the other Two Efiates fliould propound any thing, nor Interpofe nor Meddle in any of their Debates or Proceedings, touching thofe Matters 3 and that thefe Powers and 'Privileges mould be, and be Accounted Heredi- tary, and as the moft' Eminent |BllUlt3 of this Conftitution 3 3ltU) that the Commons in Parliament AlTembled, fhould alfo have the %££tlDl€ |dOll)ft of Inquiring into Grievances, and Queftioning and Impeaching fuch Malefaffors, as fhould be found Subverting, or Endeavouring to Subvert, or Advifing the Subverfion, or Alteration of the Fundamental Form of this Government. But then Britannus Reprefented to the Affembly, fome tipMCftll #21tlUcgC£, that would be Incident and Common to Both the Two Efiates, or Houfes of Lords and Commons, in their Legiflative, as well as their Incjuifitive Capacities, and as being the Grand Council of the Nation 3 as, I. That all jftCtt) HaftS, and all HaVbS for the Repeal- ing or Altering Old ones, fliould be jfltft, and Originally Chofen, Moved, Propounded and Introduced, CltijCt in the Houfe of Lords, or in the Houfe of Commons, by the Members thereof, and by no other Perfons, nor in any other Place (Except General Pardons, which were moft proper to move from, and be Conceived and Framed by the Crown, becaufe Pardons are not properly New Laws, but a Relaxation of the Old ones) 3 and that this ^ilHlCSC of the Two Houfes, fhould be fo Ample, Separate, and Intire, That the Intended King, who is at laft to Give or Refufe the Royal AlTent, fliould not take Notice of any Thing, faid or done, or of any Matter Depending in Agitation or Debate, in either Houfe of Lords or Commons, without their Information or Agreement 3 nor Pro- pound any Condition, Provifion or Limitation to any Aft or Statute in Debate or Preparation 3 nor Declare his Affent or Diftent, or his Approbation or Diflike thereof, until it hath patfed the Two Houfes, and be prefented to him in a Parlia- mentary CONSTITUTION, 47 mentary Courfe ; firft for his private Confederation, and afterwards for his publick Giving, or Denying the Royal AiTent. II. The 5? tCCDOUt and Exemption of their Perfons, from all Manner of Reftraints, Force, Menaces, Arrefts and Imprifon- ments, and even from the Fear of them 5 and that no Perfon, or Member of either Houfe of Parliament, or having a Right to Sit and Vote in Parliament, mould ever be Prohibited or Retrained, either by Force, or by Menaces 5 from his Freedom or Accefs to, or from, or in the Parliament (Except always Commitments by their own Houfes, or with their Leave). III. lUbtttp of Speech in their Debates, and Liberty, as well to Propound and Advife the Making New Laws, or Altering Old ones, as to Reprefent, Arraign, and Aggravate Grievances 5 and that no Member, of either Houfe, mould Suffer, or be Queftioned, Charged or Compelled to Anfwer, in any other Court or Place whatfoever, for any Thing by him Said or Spoken, or Propounded or Argued, or Advifed, or Voted in Parliament. IV- Sttt ^CCtfe to the King's Perfon, with Addrefles, Reprefenting Male-Adminiftrations, or Grievances, or Making any Requefts for the Publick Ufe or Utility. V. ^ttt) tlyt ^Otbcr to Punifli fuch Malefactors, by whom the Rights, or Privileges, or Dignity, or Proceedings of either Houfe of Parliament, mould be Traduced, Detracted from, or Defamed, or otherwife Contemned, Affronted, or Abuled. VI. And that no Member, of either Houfe of Parliament, {hall be Obliged to be a Witnefs, in any Court or Place what- foever, to Anfwer or Prove any Thing that was Said or Done in Parliament 5 becaufe every Member of each Houfe Acts in a Judicial Capacity. Britamms Argued, That thefe General Privileges were fo Effential to the ^OtDetS Affigned to the Two Eftates of Lords and Commons, and fo Indifpenfibly neceflary, that without them, they Could never Exerafe their Parts of the Legiflature, or Jtf as Free Agents, 4 8 The BRITANNIC 3Ct)flt t\)t WliOl&tiOTI of thefe Privileges, would be no other than an Abolition and Subveriion, of the whole Conftitution and Form of Government 3 He Argued, That whatfoever is once Enacted and Pafled into a Law, by the whole Legislature, mutt, and will be Lawful 5 but that nothing could come into fuch a Law, but it muft be mft Offered and Propounded, and Reafoned upon, by fome Body, fo that if the Acl: or Law, when it is made, can wrong no Body, no more can the Firfi 'Propounding and Reafoning the Subject Matter of it. He Repeated his Argument, That an Acl: or Statute of fuch Parlia- ment, as is here Inftituted, can never Difturb the State, therefore the Debates that tend to it, cannot 5 for it muft be Propounded and Debated before it can be Enaffed or Statuted. He Argued, That the like might be faid of their Complaints of Grievances, and of their Inquifitions for J^fFcUCCS, by which this Fundamental Form of Government, or Conftitution, may be over-turned, or in Danger of being over-turned. All thefe ^(MCgCS of Parliament, as well the Special as the dctetlCttll j being Univerfally Approved, the fame were Agreed, Refolved and Ordained to be, and become Ejfential y and Fundamental, Infeparable and Incommunicable Parts of the Conftitution, and to be Hereditary Privileges and Powers, Defcendible to the People of this Nation, as their Birthright : and Inheritance, in which every Individual Perfon fhould be In- terefted ; And moreover, That this Quality or Explanation mould be Incorporated therewith (to wit) That all the Powers and Privileges before fpecified, mould be Depofited in the Hands of the Two Efiates of Lords and Commons, as Truftees for the whole 260tiy of the People in General, and that fuch XtttftS, Powers, and Privileges, or any of them, mould never he parted with, or Given, or 'Delegated away 3 and that all Attempts and Endeavours to Subvert or Defiroy thefe Parliamentary Powers or Privileges, or any of them, mould be Deemed sDiJCtt 3lCt£, of Subverting this Fundamental Form of Government. SECT. XIII. BRITJNNUS, at this Period, took an Occafion to Reprefent to the SKTembty, That although they had provi- dently Inftituted the Firft Article of this Conftitution, touching Liberty CONSTITUTION. 4-9 Liberty and 'Property, in General and Strong Terms, as the Unalterable 26ilfi£ of this Government 3 and that although they had alio Eftablifhed a Grand and Fundamental |^2!lHiCgC in the Hoiife of Commons, viz. That the fole Right and Power over the Peoples Monies and Treafures, and of Gi-ving, and Grant- ing, or 'Denying Monies, and Impojing Taxes for the Publick Service, fliould be Vefted in them 3 and that all Motions and Laws Relating thereto, fliould be Firji Propounded, and have their 3&lff, Commencement and Progrefs in their Houfe 3 Vtt he Informed them, That if fomething more were not done, for the Better Afcertaining, and Settling, and Limiting the Right and Power of 3lnipOQng X&CCS, and Levying Monies upon the People 3 all they had Done, or fliould Do, would Signify Little towards an EjiabUJJoment of the True Intent and Meaning of the Firft Article of this Conftitution. To Explain which therefore, he Proceeded, and told them, That the Powers, Privileges and f^CEOgiltllvtS, which muft necelTarily be Annexed to the Crown, as he fliould fliew, when he came to Speak of that Matter, would appear fo Tranfcen- dent and Glorious, that Succeeding Kings might, in After-times, arife, who, together with their Flatterers, would poffibly Ap- prehend and Contend, That the whole Abfolute and ^tbittiicp Power is vefted in them 3 and that the other Two Eftates are but Unnecejfary Clogs and Incumbrances, to the Monarchical Government : They will Argue, That in Regard the General Care of the Nation and People, and the whole Executive Power of the Government, is to be Committed to, and %rUftCD in the Intended King, which Infers an Incumbency on him, to Frotecl: and Defend his Subjects, and to fee that the State and Weal Publick receive no Damage 3 which being a Thing Impoflible to be done, without Competent Treafures^ the Minifters will therefore Conclude and Advife, That the Intended King ought to be Judge of the Danger and Nece/fity, and of the Means when, and how to Remove or Prevent that Danger, and of the Quantity of Monies Wanting, to Enable him to Adminifter, according to their fancied Scheme of Government 3 and, therefore, upon thefe Foundations, the Intended King, by the Advice or Evil Minifters, would pro- bably AiTume an ^tbltt&tp and Legiflative Power, to Impofe Taxes upon the People, and Compel the Payment of them, for the Support of the State and Government, in fuch Cafes, as he fliould pleafe to fay, The Kingdom, or the Trade thereof, N or 5° The BRITANNIC or the Sovereignty or Dominion of the Seas, Bordering this Nation, were in Danger, and would Contend and Infift, That fuch a JUfoyiUg of Money, in Cafes of 'Danger and Necejfity, would, in no Sort, be a 2l5jCtlCt) of the Firfl Article of the Conftitution, but a National Bufinefs 5 in the Event whereof, every one would be Concerned 5 Forafmuch as the Taking from the People a Little of their Money, or a fmall $&att of their Property, would be done only to preferve the Rest, and that fuch a Proceeding would be Confident with that Firfl Article, fo much Contended for. Brit annus, having fairly Stated the Grievance or Objection in ftrong Terms, he Exerted himfelf in the Anfwer to it : He Admitted, that a Real Neceffity, which will Admit of no Delay (as when a Man's Houfe is on Fire) and Cannot be otherwife Avoided, than by Doing fome Extraordinary Acts of Power, is Superior to all Laws ; but then that jjtJCCdTtty muft be Plain to every Man's Common Senfe 5 whereas to make any Man «sD0lC 5^3^ °^ tne Neceffity without Contradiction, is to make him at the fame Time ^tlHttcttp. Brit annus Reprefented, That Money was the ^)ittCtUS of Power, and the ^pjlUg of Violence 5 That it was the Means by which Standing Forces were Maintained $ That where an Armed Force Reigned, Naked Laws, or Contracts, or Confli- tutions, or Hereditary Privileges, were mere dead Letters ; That by the fame Reafon, That the Intended King might take a Small |£tUt, he might take the Greater Qiltt of any Man's Property, at leaft he might be 'partial, and take the Whole of fuch a Man's Property as he Diiliked, and a Moderate Part only, of fuch a Man's Property as he favoured 5 That if the CXXCptlOH of Danger, or 0tttiRty, and the fole Diction or Judgment of it, were once admitted to be Inherent, and to Refide in the Crown, That Single Exception would Eat up, and Devour all the other $tlttS of the Original Conftitution, and would Attract the Whole of that Abfolute, or ^rtllttatp Power, which the Ajjhmbly had, with fo much Sagacity, taken Care to Divide and Diftribute among!! the Three Ejlates 5 For who could be able to Controvert with the Crown, the 35JC8£t) or Grievance, if the Intended King could feed his Power with Money raifed, without the Concurrence of the other Two Eftates ? And moreover, he Alledged, that this Single Branch of the Abfolute and 2ftl}iftatp Power, would make the other Two CONSTITUTION, 5* Two Elates, not only Ufelefs, but Hateful to Evil Minifters, as being dangerous to be called together, and by a Sort of Logick, they would leave no Man any thing, which he could call his Own, and confecjuently, would Subvert and Overturn the whole Frame or Form of this Government, which they were now about to Inftitute , and that for thefe Reafons, an CrplanatlOtt of this Matter would be the Grand Pillar, upon which all the other Parts of this Conftitution muft neceflarily Depend, and be Supported 5 and that the fame ought to be in the Cleared: and Strongeft Terms, Cleared, Afcertained, and EftablifTied , For he would adventure to Prefage, That this Power of Impofmg Taxes, and Levying Money, would prove the principal Part or Pillar of Government 5 which, in all fucceedincr Times, would be Queftioned, Controverted, and Struggled°for, between the Intended King and this People, or their Reprefentatives in Parliament. Britannia therefore propounded, that it might be Inftituted and Provided, That no Man mould be Charged or Compelled to Arm himfelf, to Attend the Intended King, or to find Armed Men to Attend him, in any Wars, unlefs a fudden, and actual Invafion of Foreign Enemies mould make it Abfolutely necef- fary \ and Xt)at 110 ^att of any Perfon's Freehold or Property in Lands, Goods, or Money • or, which is the fame Thing, no Part of the Revenues or Profits thereof 5 nor any other Charge, fhould, in Times coming, be laid, or Impofed on, or taken from, or Levied upon him by any Power or Authority, or by or under the Pretence of any Power or Authority, whatfoever, or upon, or for, or on Account of any Danger, or Meceffity, or Pretence of any Danger or NeceiTIty, whether True or Untrue, whatfoever, or for the Publick Service, or for the Support of the State or Government, or for any other Purpofe whatioever , But fitch Part only as fhould be Given and Granted by the Commons, and Aflented to by the Lords in Parliament Aflembled. Britannus further propounded, That there mould be Infti- tuted this Difference in the Form of Paffing and Giving the Royal Ajfent to Ads of Parliament 5 That fuch General A&s, as concern Good Government, mould, after they have pafled the Two Houfes, be prefented to the Intended King to Adviie thereon, with his Privy Council 5 and that the Royal Aflent fhould be Pronounced in Words to this Effect, Le Roy k Veut, I c. The King Wills the fame Thing, as the Lords and Common? 5 2 27* BRITANNIC Commons do Will. But Bills Giving and Granting to the Intended King HBOttCp or 3ltD£, fhould not, after the Lords have Confented, be prefented to the Intended King, but fhould be 'Delivered back by the Lords to the Commons ; and that when the Intended King comes into Parliament, to pafs fuch Money Bills, the Commons fhall Deliver the Bill to fuch King, Declaring (!311i)(lt they do Give him 3 to which the Royal Affent fhall be Pronounced in Words to this Effect 5 Le Roy Remercier fes Loyal Sujets; i. e. The King Thanks his Faithful Commons 5 Which Difference will, in all Times coming, Illu- ftrate and Prove the Original Form of this Conftitution. All thefe Propofitions were Unanimoufly Agreed to 3 and thereupon it was Refolved and Ordained, That the fame, and the Matter of them, and of every of them, fhould be, and become, and mould, in all Times coming, be Taken to be, the Hereditary Rights and Privileges of every Subject of this Nation 3 and that the fame mould for ever be Fundamental, Effential, Perpetual, and Unalterable Articles or Parts of the Fundamental 5f OJSIt °f tn * s Government and Conftitution, never- to be Abrogated, Impaired, Aboliflied, or Altered. SECT. XIV. BRITANNUS put the Affembly in Mind of XtaDf, as an Affair of Great Importance, touching which, there could not (as he Apprehended) be, at the Time of Forming the Govern- ment, any Certain Rules Inftituted, either for the Promoting or Preferving it. However, he Reprefented, That the Exporta- tion and Sale of the Native Product of this Land, and the Importation of Foreign Commodities, in Exchange for them, would Create a General Employment and Induftry 3 and be the Spring of Riches. He likewife fhewed, That the Situation of this Ifland, was, in refpect of KCt&Dr, the moft Commodious, in Regard every Wind that Blows from any Quarter of Heaven, would either Bring, or Carry Ships, into, or out of fome Port or other of this Nation. But Britannus Added, That fince ICtfltlC was in its Infancy, and the Nature of it not at prefent fully Known or Underftood, he ther^- ^pofed, That, for an Encouragement, it mould be Inftituted CONSTITUTION. -L J. lliJWiHL 53 Inftituted and Ordained, That every Native of this Ifland mould have a Freedom of Trade 5 Exempt from any Rellraint, or any Imposition of Taxes or Tallages to be Impofed, either on his Ships, or on his Merchandizes, or on his Perfon, in Refpect of them, by any Perfon, or 'power, or Authority whatfoever, out of Parliament 3 and that the Inventing, Protecting, and Encou- ragement of Trade and Traders, mould, in all Times, be one of the Primary Cares and Bufineffes of the Three Eftates in Par- liament AiTembled : To which all the Alfembly, ISemine Con- tradicenie, Aflented and Agreed 5 and thereupon this Proposition was Unanimoufly Refolved and Directed to be, as an Hereditary Privilege, Ingrafted into, and to be, and become Part of the Laft Article of Government, next before mentioned. SECT. xv. Ht ti)I& ^CtiOJJ, Britannus Moved and Opened to the Afiembly, for their Consideration, a Matter of the Greateft Weight and Moment, in which all the Three Eftates would be equally Concerned and Affected 3 and unlefs Care were taken, and Cautious Provisions in that Behalf made, all they had been doing, or Should do, towards the Framing a Good and Happy JfC^Nl of Government, would prove a mere Rope of Sand 5 this Matter, 'he told them, was to State and Afcertain the National 'Power, in, over, and by their gjjftlttat? jFOJCeS, which fhould be found Necefiary to Protect the Land, and to Defend, and Repel Foreian Injuries and Invafions, and to Supprefs Domeftick Rebelli- ons, and Insurrections 5 all which would Centre rather in Defenfive than in Orfeniive Wars 3 For as to Conquers over Neighbour- ing Countries, he Apprehended that to be a Matter to this Nation wholly unneceflary^ it being an Ifland happily Situated, and with the Sea Environ'd, and wanted no Larger Territories to make it an happy Region 3 the cjuiet Enjoyment of it there- fore was only to be Wifhed and Secured. But then Brit annus Added, That the Defence of the Nation would, in many Cafes, IiTue into Offenilve Wars 5 becaufe Natural Reafon Teacheth, That it is more Advantageous to Invade, and Seek, and A (fault Enemies at their Home, than to flay and fuffer them to Invade and Strike us at our Home. Britannus Distinguished and Placed the Military 'Powers, under thefe two Denominations 3 o 1. ^afcai 54 Z& participated partly of the Adventuring Merchant, and partly of the Soldier 5 for when they Exported in Ships the Product and Growth of this Ifland, and Imported Foreign Merchandize, they Rifqued the fame upon the Ocean, not only to the natural Perils of the Sea, but to the Aflauks of Robbers and Rovers 3 and did therefore Furnifli themfelves with Arms, not only Defenjive but Offenfive 5 and. many Times, in their Defences of their Ships and Goods, did Act and Imitate, and fometimes Parallel the Greateji Heroes 3 he therefore thought it was a Thing molt NecefTary, That there fhould be made to the Alterably, a Reprefentation of their Met- ritime Affairs, and therefore proceeded : %t tOto tljmi, That the Sea Coafts of this Ifland could never be Fortified, becaufe the fame lying round the Nation, were too CONSTITU T I N. 55 coo far Extended, to make Accefs Difficult 5 and that therefore, whenever the Neighbouring "Potentates mould furnifh thernfelves with Ships, the Coafts would, in too many Places, lie open, and eafy to their Entries and Invafions. That there were no other Avenues, by which Inarefs ot Egrefs could be made into or out cf this Ifland, but by and through the Neighbouring Seas, and that therefore Jj*>ecgftttp Appropriated co the People of this Nation, the SDOlllUtlOtt fittD COUUHdnD over thofe PaiTages, becaufe without that Maritime Power, they muft always be Expofed 3 whereas no fuch Necef- fity pertained to Countries lying on the Continent, which had other Means of Converfing One with another. Mercator Added, That Trading Ships would ever be Expo* fed on the Ocean to Pyfacies, Plunders and Infults • and there- fore he propofed, That it mould, in all Times, be Obferved, and Adhered to, as a National Maxim, in all the Confutations of the Three Eftates, as well in as out of Parliament 5 I. That the National Sovereignty and 'Dominion of the Seas, which furround the Borders of this Ifland, be AlTerted and Vin- dicated 5 and that fuch a Navy of Ships of War to fupport that Maritime Power, be provided and maintained, as may, like an Army of Moving and Floating Forts and Caftles, Repel Inva- ders, and carry Terror to the Enemies Coafts, in Diftant Regions. II. That as %XS(Xto muft always continue, and Dangers in the Ocean, either from publick Enemies, or private Pyrates, will be perpetual, fo the floating ^DU)Ct 3 or ^aitfl 5fOJC0$! ought to be kept always (landing, III. That the Commands of our Fleets and Squadrons, be (in all Cafes) kept in and confined to the Hands of Britift Natives, and mould never be Given up, or Trufted in the Hands of Foreigners. To which General Propofitions, the iMH)0le StfTcmblp AiTented, and thereupon Refolved, and Direded, That the fame mould be Incorporated in, and be, and become Unex- tinguijhable Principles or Maxims of State in this Government, from 5 <5 The BRITANNIC from which the Politick Councils fhould never Relax, Recede, or Deviate. $S tO tl)C £>rC0UD 3©flttet propounded by Britannus, touching Land Forces, Agricola Rofe up, and Declared his Opinion : That Nothing could be more necejfary to the Government (they were now Inftituting) for its Support and Prefervation, than occafional 3CntlIC£>, or National Forces to be raifed, when Ji^tC€fQt|> required, or called for a General and United Affiit- ance 3 but what were to be the Qualifications, Ufe, and Ma- nagement of fuch National Forces, required Mature Delibe- ration. That this COtlftttUttOtl could never be Subverted, or fall into Danger of being Subverted, but by Standing Land Forces, in Times of Peace 3 For that the 2S0ittg of Standing Land Forces, was Compofed of Two Ingredients, viz. Their T'ay, and Obedience 5 For the Commander muff, p&p his Army, be- caufe upon that Depends their Subjiftence 5 and the Army mull Obtp their Commander, without Relerve or Asking Queftions 3 For without That, no Army could be Ufeful. This being the Nature of Standing Land Forces, he pro- ceeded, and faid, if the <3>£ttfC of the Land Forces fhould differ from the Senfe of the Two Eftates of Lords and Commons, or if the Parliament fhould refufe to Provide for fuch Forces 3 it is obvious, That thofe Forces, being Armed, may Compel (or have Power to Compel) a Compliance with their Senfe, or Dif- perfe the Unarmed and Naked Parliament 3 For what Parlia- ment, being Awed by Armed Forces, could, Without Arms, freely Debate or Refolve, or Make Provifion for good Govern- ment ? Agricola took upon him to prefage, and fay, That no Mini- fters would, in future Times, be fo Formidable and Dangerous, as thofe whofe Counfels, and Arbitrary Adminiflrations would provoke the People to become T)iforderly 3 becaufe when the (BObmtCU mail, by thefe Means, be driven into Tliforders, Standing Land Forces would become Necejfary to fupport Ille- gal Meafures : He Added, That when Military Forces mould be kept long Standing, that Courfe of Life would become Habi- tual. CONSTITUTION. 57 tual, and the Soldiery would Claim Provisions, as wanting any other Ways of Livelihood : And therefore nothing would become more Diftaftful to Military Men, than a View of STMSlWUDMg 5 and confequently, if the Captain General and his Army mould Confpire 5 the Army, to make the Captain Powerful 3 and the Captain, to gratify the Army 5 the Naked Power of this Consti- tution would become precarious. Many other Things were ftirr'd and argued, not only touching Foreign Mercenaries, but touch- ing the Caufes of War, too long to be Enumerated. Upon this Important Debate, the AiTembly Agreed in thefe Refolutions, and Ordained $ I. That a Power fubfifting on Armed Land Forces, in Times of Peace, without the Confent of the Two Eftates in Parliament AiTembled, mould be Deemed Inconjijlent with this Conftitution 5 Becaufe the JdOtbPt will Reft in the Armed Gentlemen 5 when the ^UtfjOJlty of Parliament is Naked. II. That all Land Forces to be Raifed for Defence or Offence againfl: Foreign Invafions, or for Suppreffing Domeftic Rebellions 3 mould be Compofed of Britons 5 and not of Foreigners (except in Cafes of National Treaties) Becaufe Foreigners, when Called in, may, if they find an Opportunity, Afpire to be Mafters. III. That the -SDiCbatttritlg of Land Forces, as foon as Peace fhould be fettled, mould be Deemed a Matter of Juftice due to the Nation 3 unlefs fuch 'Disbanding mould, on Account of Im- minent Danger and Neceffity, be Refpited : Of which Danger the Two Eftates of Lords and Commons in Parliament AfTem- bled, being the file Paymafters, and the Principal Sufferers, in Cafe of real Danger, mould be the fole Judges. IV. That in Regard Provifion is already made for Standing Naval Forces 5 all Dangers of Invafions from Abroad, muft neceflarily Difappear. SECT. XVI. THE laft $#MCgC or Qualification of the Two Eftates of Lords and Commons, or of the Parliament, that came under the Debate of the Affembly, and which required an Explana- tion, was propounded by Britannus, viz. What Power, fhould p be 5 8 q-he BRITANNIC be left as a HatCltt, or Reverfionary $0tt)Cr, to Refide and Remain in the Two Eftates of Lords and Commons, in Cafes of Accidental, Incurable, and Irremovable Incapacities in the Su- preme Governor, to Exercife or Execute and Adminifter the Government, fuch as Infancy, Natural Difabilities, Captivity, or a Total CCfllOtt by Abdication, Renunciation, Refignation, or by a 5£ottTl iFtltltttf, or Extinction of the Intended Royal Family for want of Ijfite (in Cafe they fhould Declare the Suc- ceffion to the Government to be Hereditary) 3 in all which Cafes, and others of the like Nature 3 the Nation might be reduced to its Original Principles, as it was before the Conve- ning of this 2tfCailbly, viz. to be void, and without jfOJHl of Government 5 or, at leaft, That the Form Inftituted by this Conflitution, would be Deformed, Altered, and Subverted 3 or, for a Time, DiiTolved 5 and therefore ^CCCCfity Required, That. a Power and Capacity fhould be Referved, and proper Provisi- ons, fhould be made, for Cafes of this Nature, although the fame might appear Superfluous, or not fit to be fuppofed 5 becaufe the Contrary would Infer an Incapacity in the Government, to fupport and preferve itfelf. Britannus therefore Propofed, and accordingly, it was Unani- moufly Confented to, and Declared by the whole AiTembly, Nemine Contradkente, That it fhould be an Inherent and Infep arable Quality and $0\l)Ct CflXtttttU with this Con ftitution, That in all the Cafes aforefaid, and other fuch like Cafes, the Two Eftates of Lords and Commons fhould, and might provide, and have not only a Capacity and Power, but &Utt)0?ttp to provide, proper Remedies to Obviate and Prevent the Mi/chiefs and Inconveni- encies Accrewing from fuch Defects of Government 3 and alfo to Reinftitute the Firft Eftate (in all Cafes) whenever the Throne becomes Vacant 3 and that this Declaration mould for ever be an EfTential and Unextinguifhable Qualification, and Part of this Conftitution. All which Refolutions and Ordinances, were Ingrafted, and made Effential, Perpetual, and Unalterable Parts of this Confti- tution. SECT. CONSTITUTION. c, 9 SECT. XVII. THESE Things being Settled and Determined, the next Things that were to be Defcribed and Inftituted, were the Regal Office, and the Duty of it, and what Rights and 'Prerogatives were neceflary to be Annexed to the Crown, and from thence to be Imparted to the Supreme Governor or Mo- narch that mould wear it. Here Brit annus flirunk back, Declaring, himfelf Unequal to the Undertaking 5 but in regard he had in the Beginning Pofl- pon'd them, as if he were able to Adapt them, not only fuita- ble to the other Parts of the Conflitution, but to Reprefent them in Terms fit to be 'Decorations of the Majesty of the Chief, and Firft, and mod Excellent of the %\)%U €ftattg ; he faid, he would Attempt to Defcribe them, and hoped the Affembly would Obferve as he proceeded, and lupply fuch Matters, in which he fhould appear Defective. He thereupon Attempted to Defcribe the Monarchy, and the Regal Office, in this Manner ; he faid, That the Bufinefs, and End of this Office, was to Exercife and Adminifter the Re^al Power, in Guiding and Governing the People of this Nation, for the Good of the whole Body, in fuch Manner as fhould be Agreeable, and According to the Rules and Laws which, for that Purpofe fhall be Agreed on and Prefcribed ; and to A (lent and Agree to the Making fuch New Laws, and to the Changing and Altering fuch Old Ones, as the Two Eftates of Lords and Commons mall find Neceflary, and prepare for the Good Government and Protection of the People and Nation ; and that therefore the Monarch, who fhould be placed in the Supreme Regal Office, fhould be Deemed and Accounted the Supreme Governor 5 and that many of the Vertues and Perfecti- ons attributed to the Great Creator, who Governs the Heavens, the Earth, the Seas, and all Things therein, ought, in a Human and Subordinate Senfe, and Similitude, to be Attribw ted to the Perfon placed in this Supreme Regal Office 3 fuch as Fortitude, Gooduefs, Jujiice, Mercy, Wifdonu and Activity. That 6o 0, lit liftt ^aitnrt, continued Britannus, the Powers to be Intruded in the Regal Office, by which the State is to be Guided and Conducted, are Powers to <*££CCtttt and Adminifter Juftice and Mercy amongft his Subjects, and to Efpy out and Difcern real Dangers, Diftinguifhing Enemies from Friends, and Exercife his Great Powers and Trulls, according to the Forms and Rules of Government by this Conflitution prefcribed and Inftituted, 3RemcmbSttm0, in the Firft Place, That the Bafis on which the Government Subfifts, is the Calling and AfTemblinp the Two Eftates of Lords and Commons in Parliament, who would be thofe fure Pilots to be Inquired of and Confulted, and whofe Advice and Counfel in all Difficult Cafes of State, and efpecially touching Dangers, and the Means to prevent them, ought to be Taken and Followed. Secondly, That fuch a Proceeding will be attended by thefe Advantages, That the Intended King will be Careful never to Ask of thofe Pilots any Advice, but in fuch Defigns as will Apparently be for the Publick and General Intereft of the People 5 in Regard thofe Counfellors will, by being Asked Advice and Affiftance, become ^JuDgCS! too > to Approve, or Difapprove his Undertakings. And, Thirdly, That whatfoever Advice thofe Counfellors Give, they will Enable the Intended Monarch to make it Effectual 5 than which, the Governor, or Governed, could Defire Nothing more Happy or Glorious. Q Bri- 62 The BRITANNIC Britannus, in this Place, Reprefented, That in Regard the Intended King was to be placed in the higheft Sphere, from whence he was to View and Difcern Dangers ; againft which, proper 5DcfCrtCCS ought to be made 5 which ^Defences, if Enga- ged in, and not Strongly and Effectually made, might become Dangerous, and, poffibly, Ruinous to the whole State and Na- tion • he therefore propounded, That it might be Inftituted, in Cafe any fuch Danger mould Appear, or be Alledged to Ap- pear ; the Intended King fhould not, upon the Foot of his own Power or Strength, Undertake or Engage in fuch 3DtfCttC0 > but that it mould be, in that Cafe, Incumbent to Call, and Aflemble the other Two Eftates in Parliament 3 Impart to them the Nature of the Danger, and Require of them, Firft their Advice, and next their JJJiJlame, to the End the National Power may be 3UnttetJ. The Whole AfTembly Agreed, Nemine Contradicente, and Refolved and Ordained, That the Matter of this Proposition mould be, and become a Qualification Inherent in, and Infepa- rable from, the Intended Kingly Office. Brit annus after this, propofed, That it mould be Efteemed and Taken, That the Majesty of the Intended Monarch, and the Regal Office, would be then moft Illujlrious, and in the Higheft Exaltation, when he fits in Parliament on the Throne, Arrayed in the Royal Robes, with the Crown on his Head, and the Sceptre in his Hand, and from thence Speaks to his People concerning the Arduous and Grand Affairs of the King** dom, or Gives the Royal Affent to the Making and Altering Laws or Rules for the Good Government of the State and Nation. Britannus Added, and Accordingly it was Refolved, That the Supreme Dignity of the Intended King, mould Impart fome Rays of Majefty to his Wife, the Qu eenj That me mould be Exempted from thofe Difabilities which, by Reafon of Cover' ture, Attend other Women j and therefore (he mould have a Capacitv, not only to Purchafe, but to Alien and Difpofe of Lands and Goods, and to Plead and be Impleaded in Actions and Suits of Law, in her own Name, as Amply as if me were a Feme Sole, or Unmarried, without being Obliged to have the Name CONSTITUTION. 63 Name or Confent of the King her Husband, joined with her, to Enable her to deal in thofe Tranfactions. Brit annus propounded to the Aflfembly, The Confederation of the Political Capacity of the Intended King 5 (to wit) how the fame fhould be Deemed to Commence, and Continue, and how to Determine ; and whether the fame might be Severable from the Natural. In Anfwer to this Queftion, it was, without Difficulty, Re- folved and Agreed, by the AlTembly, That in Regard thofe Two Capacities could not, in the Ordinary Method, Commence together 5 but mull, by Accidental and External Means, Meet and Unite 5 fo they might, by Accidental Means, Difunite and Divide • for, doubtlefs, the Natural Capacity of any Perfon may, if he pleafeth, Demife, or Divert himfelf of the Political t But as to the Regal Office, or Monarchical Eftate itfelf, That was to be Perpetual, aut in Atfu vel 'Potentia, and to continue Unalterable for ever, and never to be Diflblved, or Annihi- lated. SECT. XVIII. HE propounded to their Confiderations, What Cflflte or JJntmH the Intended King, as Supreme Governor, mould have in the Government ? whether an Efiate for Life only, fo that, upon his Demife, there fhould be a New Election > The Majority of the Aflembly Objected, That CieCtfottS of Kings, would Introduce a Complication of all Manner of Evils, and thereupon it was Refolved, That the Intended King fhould not be Elefiive. Britannus then propounded, to the Aflembly's Confideration, the Nature of the Monarchy or Kingly Office, and of the Propriety which the Intended King mould have in the Govern- ment 5 viz. Whether the fame mould be an JntltotOble, or a SDlDlGble Office ; he Reprefented, That if the fame were Divi- fible, then, whether the fame, or any Part of the Monarchy or Government fhould be JfienM, or Wtfpofabk by him, either in his Life Time, or at his Death, by Deed or Will 3 that is, Whether the Intended King might make, another King of any Part of the Nation, or Divide the Monarchy, or Grant away, or 6+ The BRITANNIC or Alien, or Difpofe of any Part of the Nation, or of any Part of his People, or of any 'Part of their Allegiance, to any other Perfon or Perfons ? or, Whether the Intended King fhould, or might Grant, to any Perfon, ^OtUtt, or Ability to Do, or Execute, in the proper Name of that Perfon, any Acts of Roy- alty, or of the Supreme Government, fuch as in his own Name, to Create Corporations, &c. without the Concurrence of the other Two Eftates in Parliament Aflembled ? Upon this Queftion, without Debating the Matter, it was Unanimoufly 3Refatt)Ct> by the Aflembly, That the Kingly Office, or Supreme Government fhould be ^ItttUDlGblC, i. e* There fhould be Unity, or a Monarchy, in Opposition to Mul- tiplicity or Divifion 3 and that the Intended King mould not have fuch a Propriety or Intereft therein, as to be Alienable, or Difpolable to any other Perfon, either in his Life time, or ac his Death, by Deed or Will 3 and that fuch Intended King fhould not have Power to Make Another King in any Part of the Nation 3 nor to 'Divide the Monarchy 5 nor to Grant away any 'Part of the Nation, nor any Part of his People, nor any Part of theit Allegiance 3 nor to Grant a Power or Ability to any Perfon to 2)o or Execute, in the proper Name df that Perfon, any Acts ot the Supreme Government, without the Concurrence of the other. Two Eftates in Parliament Aflembled. Britannus Obferving, That fince the Aflembly would not have the Kingly Office, or Monarchy, or Government, to be fDivifibh, nor the ttCCCflIon thereto to be Elective, nor Do- native, nor Teftamentary 3 He propounded, That the Right of ^sDUCCCfftOtt to this Monarchy and Government might be Here' ditary, Defcendible to the Heirs of the Body of fuch Intended King, as mould be Firft Declared : To which all the Aflembly Agreed, But Britannus Surmized this Difficulty, and Defired Leave to Reiterate what was before Surmized, or CffOotl, being an Ad of the Will, may be Difcovered and ExprelTed, either by Word, or by Deed, in Writing 3 or by Fads inconfiftent with the Being and End of that Office, and of the Trujl Repofed in it 5 becaufe the Doing an Act Inconjijlent with the Being and End of a Thing, is a formal Renunciation of that Thing. He therefore Declared his Sentiments, That the Hereditary Right of Succefjton to this Monarchy and Government, mould be Limited 5 to have a 'Duration and Continuance concurrent with the Trull tacitly Repofed in it, and with the State-Con- tract to obferve that Truft, or the Terms of the Constitution, and a Determination with it : And that a Vacancy of the Throne, and fuch a Determination of the Truft, and of the State-Con- tract, mould enfue and commence together. Br it annus s Arguments prevailed, and thereupon it was una- nimoully Agreed, and Statuted by the Aftembly, That the 'Hereditary Right of SucceiTion to this Monarchy and Govern- ment, mould be a Limited Hereditary Right, to have a Duration and Continuance, concurrent with the Truft tacitly Repofed in it, and with the State-Contract, to obferve the Terms of the Conftitution $ and that a Vacancy of the Throne fhould commence, when that Truft, and that Contract mould fo deter- mine 5 and that the two Ariftocratical and Democratical Ejiates of Lords and Commons mould, in fuch a Cafe, and when all other Means failed, have Authority (being in a free and full Convention AiTembled) to Reftore the Conftitution, and to 3t\Ci!tftltUte the Regal Eftate, and to fill again the Vacant Throne, by Calling thereto, fome Meritorious Prince of the Royal Family, inverting him with a like Limited Hereditary Right 3 and that thefe Refolutions fhould be, and become Fun- damental, ElTential, and Immutable Principles and Parts of this Original Conftitution. SECT. CONSTITUTION. 69 SECT. XX. THE next Thing which Brit annus propounded to the Confederation of the Aflembly, was, The Settling fuch Mtbt- UUCS as fliould fufficiently fupport the Dignity, Grandeur and Majefty of the Regal Government, and of the intended Kin^ that was to Execute it. To this Propofition, the whole Aflembly, Nemine Contra- dicente, Agreed, and, for that Purpofe, they Affigned and Allot- ted to the Regal Government or Crown, Great iftCtKUUCS in Honours, Manors, and Lands, for the Support of the Royal Dignity : And in order to Augment and Encreafe the Crown Revenues, the ^KTCttlblP Inftituted this Prerogative or Rule of Property, viz. That all Lands, in which no Subject could make, or (hew a Title, or Property, fliould fall as a Percjuifite to the Regal Government 5 and that all the Forfeitures of the Lands of all Offenders convicted of Treafon or Rebellion, and all the Lands of any Subject dying without Heirs, fhould accrew to the Government : Which Revenues appear to have been very Great, by that Antient and Incontemble Record in the Exchequer, called tDoomfday Book. Britannus then propounded Two Queflions to the AfTembly, touching thefe Land Revenues, viz. I. Whether the Lands coming once to the Regal Govern- ment or Monarchy, fliould go to the next Succeflor in PolTeffion of that Government, or to the next Heir in Blood, in cafe iuch next Heir in Blood fhould not be PofTeflbr of the Regal Govern- ment ? Upon this, fome Debates arofe, but nothing extraordinary happening, it was Unanimoufly Refolved, That all Lands once annexed to the Regal Government or Monarchv, whether by the prefent Endowment, or coming to the intended King, by Purchafe with his Money, or by Defcent from any of his An- ceftors, or by Gift from any Subject, or by Forfeiture for Trea- fon, or by Efcheat from any Subject, for want of Heirs, fhould for Ever go and Devolve to the next Succeffor, in Poffe/fion of the Regal Government 3 and that he fliould be Seized of the S Abfo- 7° rhe BRITANNIC Ablolute Fee-fimple and the Inheritance thereof, and that the fame fhould not go or defcend to the next Heir in Blood, in cafe fuch next Heir in Blood fhould not be c PoJfejfor of the Government. Britannus next propounded this other Queftion, touching fuch Government or Crown Lands, viz. II. Whether the intended King in PoiTeffion fhould have the Prerogative, or $0tb£X of 2Ufettiltt0tt, or Granting away of any Part of thofe Government or Crown Lands, or Revenues, or be Reftrained from fuch Alienation ? Divers warm Debates arofe upon this Queftion 5 fome of the Aflembly infilling, That if the intended King mould have Power to Grant away his JLftttt) IftcttftlUCS, the fame, in Pro- cefs of Time, might be fo diminiflied, that the Honour and Dig- nity of the Regal Government, could not be maintained with- out asking Aids, for that Purpofe to be Impofed on the People, and that fuch a Taxing of the People ought, by all Means, to be Avoided. Britanmts, in Anfwer to thefe Objections, urged, That it was unreafonable to Difable the Intended King, to reward fuch of his Subjects, as might poflibly do for him, and the Nation, Signal Services 3 and that Rewards being the Motives to the mod hazardous Enterprizes, the intended King of this Nation ought to have Ability to give thofe Rewards : But the main Reafon given by Britannus, for Inftituting in the Crown fuch a Power of $itCt1?igmcll COUftltUtlOU had left open a Door, by which they might legally and fafely enter, and evade the Force of the whole Defign of it, and make themfelves 'Powerful Enough to cruiTi the other Two Eftates, viz. by laying afide fome Com- petent Part of their large Revenues, to Purchafe Lands. Brit annus fhewed how 1 00,000 /. or 200,000 /. per Annum, being laid afide to purchafe Lands, the intended King would be able, not only to acquire every good Purchafe that Offered, but even to impofe the Price on them 5 for when the intended King had once offered a Price, what Subject would dare to bid upon him ? Or, If any Man mould attempt to wrefl the Purchafe out of the Royal Hands ? What Aifurance could fuch a Man have, that he fhould not fuffer for his Audacity. Whereupon the AiTembly being convinced by Br it annus s Reafons, they unanimoufly Refolved, and Instituted, That the Prerogative and Power of Alienation, of any Part of the Land Revenues, mould be Inherent in the Regal Government, and mould be an Unalterable, Perpetual, and Fundamental Article, and Part of the Original Conjlitution, never to be Impaired or Abolifhed. SECT. XXL THE next Prerogative to be fettled^ was the Supreme and Sovereign ^Olfcet of ^fTCttlWing, Proroguing and Diflblv- ing of Parliaments j which are to be underftood to be always in 2l5cing, or in Potentid $ and to be only Ajfembkd. He Reprefented this Power as the Higheft Truft, that could be Repofed in the Regal Dignity ; and the Higheft Prerogative that the Supreme Governor could Exercife, becaufe it was not only the 2i5afiS> but the Pabulum, or Materia Prima, to feed, and give Strength and Vigour to all the Motions of Govern- ment, and to the Powers of this Nation, But 72 The BRITANNIC But he Stated to them a Difficulty that would, in Procefs of Time, probably arife, and happen (viz.) That Times might come, when Evil Minifters would advife the intended King, to do fuch Things as would Appear to be Breaches of this Conftitution, and, by them, bring upon the People, unjuft Preffures or Sufferings, which would naturally breed in the intended King, an Averfion, or Unwillingnefs, and in his Minifters, a Fear, to Jjfemble and meet Parliaments - ? and confecjuently, the Execution of that Truft, by Calling and Ajftmbling of Parliaments, would be omitted and avoided ; or if Affembled, their Power and Privileges would be Broken and Eluded, and the Nation, during long Intervals, would languifli under Grievances, and fuffer great Inconvenience and Want of Juftice. And as to the Calling of Parliaments, he diftinguiihed between Elections of New Parliaments, and Continued SeJJions of the fame Parliament, which introduced the Matter about c DiJfolu- tions of Parliaments $ and as to that, he told the Ajfembly, That Times would probably come, when Parliaments, being con- tinued as (landing Parliaments, without New Elections, might Entertain Sentiments, and Judgments of Things fo different from the Senfe of the Nation, as to ceafe to be its true Reprefen- tatives, and therefore Diffolutions, and New Elections would become neceffary 3 and Recommended the Whole to the Con- fideration of the Affembly. As to the Inconvenience of Long IntermiJJions of Parliaments, fome of the Affembly Aggravated that Mifchief, as a moft 'Pro- voking Grievance, That a Nation mould have Means, and be intituled to Means, viz. by Parliaments, to obtain Juftice in the Dernier Refort, and amend Defects in the Government, and yet be with-held from Ufing thofe Uj^ftUlS, fo Eafy and Plea- fing, to Redrefs their Grievances 5 They urged therefore, That Provifion might be made, that if the intended King fhould. omit, or neglect to call Parliaments, at fuch and fuch Stated Times, then ^Ott)tt mould be lodg'd in the Hands of fome others, to do that Thing which the intended King himfelf had nealeded. o Others propofed, That New Eletfions of Members of Par- liament, ought not to be too frequent, by Reafon of the Vio- lent and Unaccountable Emulations and Animofities, which the . ... fame CONSTITUTION. 73 fame would create amongfl the Competitors and their Friends 3 and as to the too long Continuance of the fame Parliament, iome fuggefted one Sort, and others other Sorts of Limitations of fuch Continuance 3 and, upon the whole Matter, much Confufion and Irrefolution appear'd in the Jjfembly, Britannus Obfervincr how thefe Debates paifed, Rofe up, and Delivered his Senfe to the Aifembly, That he thought the Inconvenience would be too great, to give a ^QttJCE to any- other Perfon or Perfons, to become a c Partner with the Supreme Governor, in fo infeparable and incommunicable a Power, or Authority, as to Aifemble Parliaments in his Default 5 bccaufe it would Diminifh the Honour and Dignity of the intended King, in the very Point of his Sovereignty, and in the Eyes, not only of the Subjects, but of the Neighbouring Nations, when they mould fee a Companion with, or a Check impofed on the intended King himfelf in the Highefl Part of his Regal Dignity and Prerogative, and therefore Britannus propounded, That this Sovereign Power mould be Lodged Solely in the Su- preme Governor, as in a Refervoir, in Truft, and as the Grand Difpenfer of this Political Food to the Nation. But Britannus here Interpofed a Notion of his own, which might tend to a good Ufe in After-times, 4foi That if ever it fhould happen that the Government or Crown-Revenues in Lands, mould be fo far LeiTened by Alienations, that there would be a Nece/Iity to grant other Revenues, by Impofitiorts on Merchandizes, &c. to be paid by the People, for Supporting the State and Government 3 the Parliament might, in fuch a Cafe, add a Condition or iLlltlitilttOtt to fuch Grant, that if Parliaments mould not be Called and AfTembled, and permitted to Sit, during fuch Limited and Stated Times, then fuch Grant of thofe Impositions fhould Ceafe and Determine 3 and, in fuch Cafe, that Remedy would be Effectual, becaufe every Man would readily and eafily take Advantage, of a Breach of that ContHtlOll, by refuflng to pay the Duties, without any Injury to, or Coertion on, the Royal Power 5 and the intended King, in that Cafe, could have no Reafon to Complain of any Lofs or Hardfhip 3 becaufe the (SZcMt would Ceafe and Determine, by Realon of a Neglect: on his own Part 3 but Britannus men- tioned this Cafe by the Bye 3 and as an Hypothefis. T Brhamms 74 20tHG0U£ for Good Government, as they fliall chufe and deem Neceflary 5 and that the intended King mail be Obliged to meet and Refide, and Advife with his Parliaments, and Give the Royal AlTent, to the Making fuch New Laws, and Altering Old Ones, for the Good Government and Safety of the State and Nation, as his ^CQplC, in Parlia- ment Aflembled, fliall chufe and agree on : Which would Ap- pear Reafonable and even NecelTary, in Regard, it was already Ordained and Statuted, That no Law (hould be Introduced by the King, in either Houfe of 'Parliament, Except General Pardons as aforefaid 5 and that the Execution and Exercife of this Grand Pre- rogative, fhould be Equally Incumbent on the Regal Office, as to Appoint Judges for the ordinary Admin iftration of Juftice, after the CONSTITUTION. 7$ the Manner herein after Inftituted : But, above all, Britannus Argued, That this Sort of AlTembling, and Holding Parliaments would be a Debt, due in Juftice to the Regal Dignity itfelf, becaufe that Proceeding would Invigorate, and Compleat its own Political Being and Power \ whereas the Pourtraiture of the In- tended King, Governing either without, or in Terms of Dis- agreement, with Parliaments, would Appear to all Men, Meagre and Decrepid : His Power would be neither Lov'd, or Affifted at Home, nor Feared Abroad. III. That the Subjects {hall have a Right and Liberty to Petition the intended King, to Call and Ajfembk Parliaments, and to Do all Things, in the Article next above Specified 5 and that fuch Subjects as mall Contravene the Matter of fuch Peti- tions, by Remon fixating or Addreffing to the contrary, fhall be Deemed 13; ttilVHTS and Subverters of this Conftitution, and of the Liberties of Britain, and fhall be Treated after the Manner that Common Enemies are ufually Treated. All which Propofitions, were Unanimoufly Agreed to, and, by the AiTembly, were Ordained and Statuted to be, and become Fundamental and CffCtlticll Parts, of the Original Con- ftitution. Britannus further Advifed, That this ^CmO^tlDUm fhould be Added to thofe Refolutions 5 That nothing would more fvvell the 'Difiontents of the People, or fill them with more or greater Animofities and Impetuofities, when they meet together, than the Grievances and Failure of Juftice, which mould be at Firft occafioned, and after continued, without Redrefs, by Rea- fon of long Intermiffions of Parliament 5 becaufe fuch a Pro- ceeding would be a With-holding that Food, which was pro- vided toNourifh, and Give Life and Vigour, to all the National Operations both of King and People. Britannus further propofed, That the Making Provifions for Reducing to certain Stated Times, the Calling, Sitting and Dif- folving of Parliaments, might be Adjourned and Refpited till future Times $ when unexpected Accidents might make that Matter become neceflary to be Provided for. SECT, 7 6 The BRITANNIC SECT. XXII. JJRITANNUS, in the next Place, propounded to the Auembly, That thefe Refplendent Prerogatives, mould alio be Annexed to the Monarchy, or Supreme Governor, viz. That the intended King, as the Head, fhould have the whole Execu- tive Power of the Laws, and to take Care of the Adminiftration of Juftice 5 and that he fhould neither Deny, nor Delay, nor Sell Juifice to any Man. He further propofed, That the intended King fhould have the fole Appointment, and Nomination, of all his Judges, and Minifters of Juftice, his Minifters of State, his Admirals, Gene- rals, and all other Officers in the Government, both Civil and Military, to be Taken and Chofen out of the moll Meritorious of his People. He alfo propounded, That there fhould be Annexed to the Monarchy or intended King, as the Reprefentative of the Nation, the |£>0U5CC of Making all National Treaties and Alliances, with Foreign Potentates 5 and alfo the 'Power of Making War and Peace 3 in all which, efpecial Care fhould be taken of the Honour and Safety of the Nation 5 with this Declaration only Subfcribed thereto 3 That the intended King fhould always Remember, That no War could be well begun or ended, or Peace made or concluded, without the Advice and Concurrence of his Grand Council in Parliament, nril and fairly had and obtained. And, that the ^CtfottS and €0ate£, of all Subjects Difabled by Infancy, Ideocy, or Lunacy, fhould be under the more immediate Care, and Protection of the intended King, as the Supreme Guardian and Father of his Country. All thefe Propofitions, fo moved by Britannus, with their feveral Limitations and Explanations, were heard with Pleafure, and Agreed to, and it was Unanimoufly Refolved by the 2iffcnU)lp, that each and every of them fhould be, and become Articles and Parts of this Original Conftitutiojh SECT- CONSTITUTION. 77 SECT. XXIII. BRITANNUS Obferving to the Affembly, That they had fixed in the Crown the Fountain of Jujiice, he therefore propounded, as a neceflary Part of the Conjlitution, That a Fountain of ^0CtC^ mould be alfo Opened, and that the 'Power of Pardoning Offences, would be not only a very ufeful, but a very Bright 'Jewel in the Crown 5 intimating further, That fuch a Power could not be Depofited in any other Place, without the Diminifhing the Royal Dignity. This Propofition occasioned in the Affembly, many Specula- tions, touching the Crimes that were to be pardoned. Agricola, the Notable Commoner before Named, in fome Heat^ Objeaed, That an Abfolute Power of ^atfcOUtng, looked like an Abfolute Power of 'Difpenfing, and would ren- der Ineffectual the Whole, or any Part, of thefe Conftitutions 5 for an Abfolute Power, to '•Pardon all Manner of Offences, without Reftriction, would Loofe and DifTolve all the Obliga- tions and Ties, which could Secure the Obfervance of thefe Conftitutions 3 in Regard fuch a Power would not only extin- guifli all Fear of Breaking, but even Encourage, the 25?C rightlv undprftood, would tend as much to the Benefit of the Subject, as to the Advantage of the Supreme Governor ; For whereas, in common Cafes, between Man and Man, PoiTeffion, and efpecially a long PolTeffion, would be the greateft Evidence a Man could give of his Property in, and Right to, his Lands and Goods 3 And, therefore, if any Man fhould c DiJfei%e, that is, Wrongfully T)ifpoJfefs another of his Lands, and die feized (i. e. in PoiTeffion) of thofe Lands wrongfully gained, the Lands ought to be caft by Defcent, on the l^fit of the Wrong Doer, who was the laft vifible and known ^Dflffffo; ; and the Perfon, that had the Rightful Title, ought not, in Reafon, forcibly to Enter upon the PoiTeffion, of the Heir of the Wrong Doer without making fome Complaint, and bringing the fame in Judg- ment before fome Court of Juftice, to Recover the Lands from the jftetb ^OfffffOJ ; And this Wrongful PoiTeffion would, in a little Time therefore, (if not Evicted by fuch Complaint) gain the very Right, from the Rightful Owner • fo great Regard ought to be given to ^OffffOon, and efpecially to a Quiet and an Uninterrupted PoiTeffion. This being the Cafe between ordinary Men, Britanmis added, That the Meaning of this ^opCft}', or Pofition, was, That altho' the intended King fhould, without, and againft Higl)t, Enter upon, and take Tojfeffion of any SubjecVs Lands, yet that Possession, tho' continued for a long Time, fhould not work a SCtyOng, nor gain any Right, to the Government, nor Extinguifb, or Wreft any Right out of X the 82 The BRITANNIC the Subject And fo, on the other Hand, The Subject's wrongful Intrufion and ^ofMftCH of the intended King's Lands, fhould not work a Wrong to fuch King, nor Gain, or Wreft any Right from, or out of the Government 5 and thefore this Impaffible Quality would be ufeful, as well to the Subject, as to the Supreme Governor. He proceeded, and faid, It would add great Honour and Reverence to the Monarchy, if it were under- stood, That the Supreme Governor ( qua Governor ) cannot COtttUl&tlD Wrongful or Unlawful Things • As, if he fhould Command, or Give Licence to a Man, to make a Nuifance in a Highway 3 or to do a Trefpafs to B, and that B, {hall not have an Action of Trefpafs, to Recover Satisfaction for the Injury, or fhould Grant to a Man Power to be Judge in his own Caufe 3 But that all fuch Commands, and all others of the like Nature, being Wrong and Illegal, it fhould be Underftood of Them, That the Command was Unadvifed 5 And that all Acts done in Obedience to fuch illegal Commands, (hall be deemed Null and Void 5 And that Thofe Perfons who Execute fuch Commands, fhali be looked upon, to do the fame at their Peril, and fhall be Re- fponfible for the Wrong, without any Imputation of Wrong to the Supreme Governor, if he doth not Avow and Defend the Action, and purfue and perfevere in the ^tftclftC, becaufe the Suppofition of Wrong, is inconfiftent with the Supreme Go- vernment : Inafmuch as the Government was Inftituted to do Right, and protect from Wrong. This Propofition 0$ Brit annus fo Explained, was Refolved. and Agreed by the Affembly, to be an ImpaJJible ^Property or Quality, Annexed to the Monarchy or Supreme Governor 5 but not EiTential with the Royalty, becaufe this Conftitution doth not leave the People to be Governed by the Minifters, but by the intended Monarch, sect. xxv. A T this Period, Brit annus obferved, That by thefe tranfeen- dent Powers and Prerogatives, Annexed to the Monarchy, the Supreme Dignity, would be greatly Exalted 3 And therefore he propounded, That ^OtuGOU fhould be made, for the Subjects Liberty and Free Accefs to the intended King's Perfon 5 and to prefent to him their ^etitiOtlS, AddrelTes, and Reprefentations, wherein They might State their jujl Grievances, or Want of their juft Rights 3 and to Pray him to Grant fuch their Rights 3 and CONSTITUTION. and to Remove and Redrefs their dStfCbattCfS 5 and, particu- larly, to pray him to Call and AfTemble ^atlUiniCtltS 3 or, if Called, to permit them to Sit, and Complete, and Finifh the Important BuSinefles, and make wholfome Provisions, for the Security of the Nation, as often as OccaSion Required, and that fuch Petitions fhould be Received, and, in a Reafonable Time, Anfwered 5 and that no Ferlbn fhould be 3icCUftD, or Charged, with any Crime or Mifdemeanor, for Stating or Reprefenting, in fuch his Addrefs or Petition, the True Facts which make up or compofe his Cafe or Grievance, This Propofition Appeared to be, in itfelf, fo Reafonable and Neceflary, that the Aflembly, without Hesitation, unanimoufly Refolved, Statuted aud Ordained, That the Matter of the Pro- poial, and all the Parts of it, fhould be, and be Liberally Expounded to be, Fundamental and i?)CEeDltan> Privileges of this People $ and moreover Added this Quality to their Refolu- tion (to wit) That this Resolution fhould be Enlarged, and fhould Extend, in all the Parts of it, to fuch Petitions, as any of the People fhould prefent to either of the Two Eftates of Lords and Commons in Parliament Affembled. SECT. XXVL THE next Difficult Matter, that came under the Debates of the Aflembly, was, Grievances proceeding from fuch Acts as might be fuppofed to be 'BlCtlCfyCS of thefe Constitutions, and the Punifhments to be Inflicted for fuch Offences : And here a Distinction was made, between Breaches on the Parts of the People, whether Lords or Commons 5 and (©JICilflnCTS pro- ceeding from fuch Acts, on the Part of the intended King, as might be fuppofed, to be Breaches on his Part, and "B^ftitlJCS, which might be fuppofed to be made, by all the Three Eftates. SECT. XXVII. AS to TBjCclCtjCS of thefe Original Constitutions, on the Parts of the Subjects, it was Agreed, and Refolved, That fuch "BZCtKljCS as tended to Subvert, or DeStroy, or Change the Form of this Government now Statuted and Ordained, or the Authority of any one of the Three Eftates, hereby instituted, or to Alter the Manner of the JUgifiattltf, or to Change the Monarchy before inftituted, from a Limited to an Abfolute Monarchy, 8+ The BRITANNIC Monarchy, or to Imagine or CompaJ's : the Death, of the Perfon to be Declared King $ or to Levy War againft him as King, or to 2lDt)ttC to the Enemies of the intended King, in whom the Nation and Government is to be Reprefented, and who is to be the Guar- dian of this Conftitution -, or to Advife Meafures, by which the ^0\l)ft, Sovereignty, Independency, or Trade of this Nation, may be Reduced to an ^jnfCtlOJtty, or to the Danger of an Inferiority \ to any Neighbouring Potentate, or Nation, mall be the Offence and Crime called ^tgt) XtfafOll ; or, otherwife, the Higheft Trefpafs or Offence againft the Welfare and Peace of this Na- tion and Country : and that fuch (j5jrat C^mUCtS mould be Punimed with Death, in a fearful Manner, and with the For- feiture of their Honours and Eftates. SECT. XXVIII. In this Place Agricola propounded to the Confederation of the AtTembly, the Institution of proper ^UtitCiltUtCS, in CaufeS both Civil and Criminal, and of proper 'Judges, to Hear and Determine all Queftions and Controverfies about the Tranf- gre/Iion or Violation of the Rules of Right and Wrong, inftitu- ted, and to be inftituted, by this Conftitution -, HvgiUg, as a Reafon for that Motion, that whatfoever mould be done, by the Governor or Governed, contrary to the Ordinary Rules or Laws prefcribed by this Conftitution, would be Arbitrary 5 and that whatfoever was Arbitrary, would be Illegal; and what- foever was Illegal, would be OppreJJive 5 and that therefore ^CtClfitp Required, That XHlttltialS, or Seats of Juftice, mould be provided, where Suits and Complaints for Wrongs, might be made, and Controverfies heard And Determined 3 Wrongs Redreffed, and Juftice Decided and Executed 5 And the Motion being Seconded and Approved, fome propofed, That the whole Matter of Judicature, might be Lodged in that Per- fon who mould be Declared King, and Supreme Magiftrate 5 and offered many Reafons, to Support this Overture, infifting upon his Power and other High Qualifications, for the Difpatch of fuch Bufinefs. Br'itannus apprehending the Judicature, to be an Ingredient of the Niceft Nature, and of the Higheft Importance to prelerve that Firft Article which was to be the OftlfiS, and alfo the End of this Government ; Endeavoured to Reprefent to the AiTembly, his Sentiments, in a Clear and Convincing Manner, And CONSTITUTION. 85 And Firft he Urged, That the ^fUtUCatUtC ought not, by any Means, to be Lodged, or Vefted in that Perfon, who was to be Declared King 3 Arguing, That many Pleas and Contro- versies would neceffarily arife, between the intended King, and his Subjects, Tor Caules both Civil and Criminal (to wit) Caufes for Real or pretended Crimes, luch as Trealons, Rebellions, Murders, Felonies, Seditions, Breaches of the Peace, and other Mifdemeanors 3 and Claims for real or pretended Titles to Lands 5 Debts, Duties, Treafures and Revenues. That if the intended King were to be the Judge, he would be both ^fttBge and ^HXty ; He would be Judge in his Q^M CilUff, and probably would, in his Judgments, pay little Re- gard to the Rights and Privileges Inftituted by thefe Conftitu- tions 3 for the ilBCflftltC of his Juftice would neceffarily either Exceed, or be Defective, according to the Meafures of his Love or Hatred, or fuppofed Love or Hatred, towards the Parties con- cerned, or, perhaps, towards their Friends or Relations 3 which would infufe into the People, Univerfal Diftrufts, Difcontents and Diflatisfactions, and that would Relapfe all Things into their Firft Original 3 For it would be better for the People to have no ^TnbUUcll of Juftice, than to have one that is Partial and Infincere, or Vindictive, or Venal. That fuch a Judicature would neceffarily Attract into the Hands of the intended King, that 3ltbitftltp Power, which the 2tfl*CHll3lp had, with fo much Care, fenced out, and excluded from the Exercise of any Single Perfon or Monarch 5 That if the intended King were to be the Judge, he would, as inci- dent thereto, have ^Ott)£t to Commit and Imprifon, the Perfons of his Subjects, by his own immediate COUUlttlttti, which would introduce this Inconvenience, That a Subject might be falfely or unjuftlv Impritoned, and yet be without Remedy to Recover Satisfaction 3 for fuch a Remedy would be Impracticable, as well as Incoiijijlent, with the Nature and Authority of the Supreme Governor 3 becaufe no Remedy could be Afforded, except by fome Judge ^)Up£tlOJ to the intended King 3 to fup- pofe which, would be an Abfurdity. - $)t 3lrC!UCt} further, That if fuch a Judicature were inftitu- ted, this further Mifchief would enfue, viz. That if the firft Judgment fhould happen to be Erroneous or Illegal, there could Y be 86 The B R IT A N N I C be no 2ippCtll to a Superior Judge, to Re-examine or Redrefs the Error or Grievance 5 and that fuch a Judicature, would Invalidate the Privilege of the 2>Crmcr l&efotf by thefe Confti- tutions before fixed in the Houfe of Peers. for thefe Reafons, Britannus propounded, and accordingly it was Refolved and Statuted, That the intended King, mould, in all Cafes, be CtClUDcO from Judging in his own Perfon, any Man, or any Caufe concerning Life, Liberty, Property, or any other Matters, and from all iJJBmtftetial Parts of Juftice, iri Granting Warrants to Arreft, Imprifon, or otherwife to Moleft the Subject, before Judgment \ and to Render the Judicature Clear, and Impartial, the Intended King fliould not, in his Own Perfon, be Relator, Informer, or Witnefs. Br it annus alfo propounded, That there mould be a compe- tent Number of Judges appointed to be Diftributed into feveral Courts for feveral Purpofes $ and that they mould have 'Power to Give, and ought to Give, Judgment in all Cafes before them, without being Obliged to Refort to the intended King, for Advice, Injlrutfions, or fDireSiions 5 and that thefe Judges might, for Judgments given Contrary to, or Deftructive of thefe Constitutions, be Accountable in Parliament. He Defcribed fuch Courts in this Order, EUUe£, and the Publick Treafures of the Kingdom ; becaufe it would be JmpoJJible for any King to do Equal Jufiice, where he himfelf would be to Receive all the Fruit and Profit of the Judgment : He added, That the Judges of this Court, might be properly looked upon, as the £>0t)CtttgU 3lttt)lt0jS of the National Treafures, Accounts, and Revenues of the Kingdom. II. A COUtt for the COtHUtOtt $lttl£>, and Controverfies between Subject and Subject, touching their Rights, Titles, Pro- perties, and PoiTeflions of, and in, Manors, Houfes, Lands, and Hereditaments, in which Right fliould be Done, according to this Conftitution, and which may be reputed the COttUHOll ;#0JUm, for the Conveying and Transferring of Right in Lands from one Man to another. III. A CONSTITUTIO N. 87 III, A COUtt for the Hearing and Determining of all Profe- cutions of the Government, againfl the Government, for Of- fences or Cttmmai patters, in which it would be Extra- vagant to fuppofe, That the intended King could, in his own Caufe, Adminifter to Offenders Impartial Jujiice, where he, be- ing the 'Party Offended, will Apprehend himfelf to be Affronted, or Injured in his Perfort, Authority, or Government ; And, con- fecjuently, his JjlftgniCtttg muff neceffarily be ^ttCCtOUS, Arbitrary, and Vindictive, as being Influenced with Raae, Revenge, Fear, or Refentment : He added, That fuch as mould become fpffigefii of fuch a Court, might be Deemed £>0V)Cretgn JuttiCCS of Oyer and Terminer, and the Sovereign CO^mitrS of the Land. ° IV- A COUtC wherein fhould be kept the G r e a t S r: a l of the Kingdom, under which all Commijjions Giving to Miniflers and Agents the intended King's Authority 5 All Treaties of Peace and Commerce with Foreign Potentates ; All Grants from the Crown to the Subject; And all Original Procefs of Law, touch- ing Wrongs, or Complaints for Wrongs, or Demands of Right, mould, in the intended King's Name, as from a jFOUtttaitl of Juflice, Iffue, and Proceed : That the Great Officer prefiding in this Court, mould have Power to Hear and Examine all Queftions about Grants from the Government, touching their Hcgalltp and Convenience. And if they mould Appear to be Illegal, or that the intended King was Deceived, then to Stop them \ and if fuch Grants fhould, by Inadvertency, Irregularity, or Surprize, have palled the Great Seal, then to Repeal and' CanCfl them 5 And that the Style of this Great Officer, fhould therefore be, that of High Chancellor of the Kingdom. That as to Matters of Judicature, he fhould have a Power and Jurifdiclion, upon Petitions or Complaints made to him, to Relieve the Subject againfl Wrongs, Accrewing from Fraud, Accident, and Breach of Trujl ; and againfl ordinary Penalties, Given as Securities for Payment of Money 5 in fuch Manner, as Equity, and Right Reafon, fhould Require 5 or, in other Words, To Mitigate the Rigour and Letter of the Law, and in thofe Special Cafes, to Controul the Law. But Agricola objected, That the Inverting of this Great Offi- cer with fuch ^OtttftS, would bear a Refemblance too near to that 88 c f'he BRITANNIC that Abfolutc and 3M3itEclty Power in a Single Perfon, which die Affernbly had lo warmly Prohibited and Excluded 5 And ch.au the Tranfition from Mitigating the Rigour, and Supplying the "Defects of Old Laws, to the Making of New ones, would be fo eaiy, that Chancellors may imagine the Power of the Great Seal, to be Abfolute, and above the Laws j and may, by Miftake, 1)ifpofe of Mens Properties at Pleafure $ And that therefore, Ji'ifCCfUtp Required fome Provision, to Reftrain an Unlimited, or Arbitrary Controul over the Laws. Britannus, in Anfwer to the Objection, Argued, and fo it was Rciolved, That if there fhould Appear to be fiich a Ground of Equity in any Cafe, as, according to Natural Juftice, and Right Reafon, ought to T)i fable the Party Complained of, from Taking an Unjuft Advantage, either of the Rigour ', or T)efe£i y of the Common Law 5 which, in many Cafes, is, in its own Nature, a SDCtlf %VtM\t I Then, in fuch a Cafe, the Chan- cellor fhould have Power, and a Jurifdidtion, to Decree Relief to the Party Grieved. But, in all other Cafes, the Striatum 'Jus, or Scrictnefs of the Law, would be, and ought to be, Deemed to be, the Right and Hereditary Privilege of every Man, which ought not, by any Power whatlbever, to be Taken from him. And it was alfo Refolved and Settled, That this Court fhould Adminifler the King's 'Paternal Prerogative, before mentioned, of being the Supreme Guardian, in taking Care of, and Pro- tecting the Perlons and Eftates of Orphans, Infants, Ideots, and Lunaticks. Britannus having Defcribed thefe feveral Sorts of Judicature^ propofed, That thefe Superior Judicatures, fhould have Autho- rity to Prohibit and Reftrain all Inferior Courts, whenever they Exceeded their Jurifdictions. Britannus proceeded to Deferibe, and Point out, the Nature of Try ah, viz. What Perfons fhould be "JlUDQCS of the Truth, or Fallhood of Matters of Fad $ and who fhould be Judges of the Law, and Right, when the Facts were Known, and Stated : And for this Purpofe he propounded, That Noblemen, in all Capital Offences, fhould be Tried by their Peers 5 But that, in all other Cafes, Tryals of Matters of Fact:, fhould be made by Juries C N S T I T U T ION. 80 Juries of Twelve Honeft and Lawful Men of the Neighbour- hood where the Fads were Done and Tranfa&ed 3 and char all Tryals fhould be had in open Court 3 and that all WitneiTes, on either Side, fhould be openly Examined before the Accufed, or Adverfe Party, Face to Face. Brit minus further propounded to the Aitembly's Confidera- tion, That no Man fhould be Bound to Accufe himfelf, nor fhall be Rack'd or Tormented for Refuilng 5 which would be a Security, not only to Innocent Men, Injunouily fufpecled - y but alfo to Innocent Men, whom the Tortured Man might be Prompted to Accufe : He therefore moved, That this Propor- tion fhould likewife be made a Fundamental Part of this Con- ftitution. Britannus further propounded to the Alterably, That the Rights, Titles, and Property, of the intended King, in, and to his Lands, Goods, and Revenues, fhould be Levelled, Tried, and Adjudged, in Point of Subftance, by the fame Laws and Rules of Juftice, and by the fame Sort of Juries, as thofe of the People, Allowing only to the Crown, the Preference in Point of Execution, and fome other Preferences, in Forms touching Property 5 not Altering the Subftantial Rules of Right and Wrong. He further propounded, That the Judges of the feveral Courts aforefaid, mould give Judgments of Law, and Right in all Cafes, where the Fa&s mall be Afcertained, either by Juries, or be Admitted, or Confefled, by the Parties, without taking Directions from the intended King, or Supreme Governor, or any other. Britannus further Intimated to the Alterably, That in the 'Judicatures here propounded, great Power, as well as great Truft, was to beRepofed,efpecially in theHoufe of Peers, in whom the T)ernier Re fort, and the fole Judicature of Impeachments were Lodged 5 And that, therefore, nothing could better Guard the People, or Preferve thefe Conftitutions, than to Provide, That thefe Judicatures might be kept Upright and Inflexible j And for that End, he propounded, That the Lords of Parlia- ment, or the Judges, or Juries, fhould never be Received, or Admitted, to Excufe themlelves, bv pretending, That They, for fear of Death, durft not fay the Truth. Z He 9° The BRITANNIC He concluded this Matter, touching the Judges, by pro- pounding, That the Laws, and the Determinations to be made by Them, and the Keeping and Performing of the King's Oath to his People, in Relation to the Caufing Juftice to be Impar- tially Adminiftred, fhall be always underftood, to be Intrufted with the Judges 3 And that the King's Perfon, fliall be under- ftood to be by them Reprefented. Britannus put the Aflembly in Mind, That, in Regard the Distribution ofjujlice was to be the Fruit and Product of this Conjiitution, it would be neceiTary, in order to bring Contro- versies into Debate and Judgment, before the faid Judicatures, to provide fome Forms for that Purpofe 5 And therefore he pro- pounded, That Writs (or written Letters) to run in the intended King's Name, fhould be framed, and to be fued out, as of Right, and of Courfe, by every Party Grieved 3 in which fhould be Contained, A fhort State of his 3E*nHtinDS, whether he Zte- mands Lands, or Money, or Goods, in Specie, or Satisfaction for Injuries Done to his Perfon, or to his Land*, or Goods, or for Breaches of Contract, &c. And that the Party Complained of, fhould be Summoned and Warded, to Appear, and Anfwer thofe Demands. But, above all, Britannus propounded, That the Written Letters to «sDUnttUOU Parliaments, fhould contain in them Spe- cifically, That the Caufe of fuch Summons, fhould, in all Times, be, to Advife the intended King, in the Difficult Buiinefs, concerning his Regal Dignity \ and the *&tdX$, or COtlDlttOrt and Defence of his Kingdom 3 and to Act and Do in thofe Bu- fineflfes, what fhould Appear to be Reafonable, Juft, and Con- venient 3 to the Intent, the Commons, when Elected, and the Lords, when Summoned, might be fufficiently Impowered, when Affembled, to Inquire and Confider, not only of the State, or Condition, and Defence of the whole Nation, but of all the People of it, and of all Matters and Things to them Appertaining 3 And that the Ejfence of thofe written Letters, fhould for Ever Continue in that Form, without Alteration, Ad- dition, or Omiffion : And Britannus gave, for that Purpofe, thefe Reafons, viz. That the Forms of fuch Writs, would, in future Times, Inftruct Pofterity in the Nature of their Rights, and of their Remedies to Aflert thofe Rights. All CONSTITUTION. 9 i All thefe Propofitions, touching the feveral ^JwDiCfttUtCS and Tryals, and other the Matters and Proceedings aforefaid, being generally Approved of, the fame were Refolved, Agreed upon, and Ordained to be, and become, Original, Fundamental, and EfTential Parts of the Constitution. SECT. XXIX. A S to Grievances proceeding from fuch A&s, on the Part of the intended King, as might be fuppofed to be Breaches of thefe Original Conftitutions ; The Remedy for them Appeared to be of a Nice and per- plexed Nature, and great Doubts and Difficulties arofe there- upon, and all the Aflembly Agreed, that NeceJJity would call for a Redrefs, if the intended King fhould Renounce this Form of Government, as the fame is now Conftituted, and fhould Aflume an 2(f btttftfp, or Legiflative Power (without the Con- currence of the Two Eftates of Lords and Commons in Par- liament Aflembled) to Make^ or Alter, or to Difpenfe with, or Sufpend the Original Conftitutions or Laws of the Land, or to 3lmP0(C XfttfS, and Levy Money, without a <$;&\it thereof in Parliament, or to 2&ccp Standing Forces in Times of Peace, without the Confent of the other Two Eftates, or to gj&ftfte Scllat on his own People, or to Vitiate their Liberty, by Imprifonments, or to Invade their Property, by taking from them their Freeholds, or other Goods or Eftates, or the Profits of them, &c. I fay, in thefe Cafes, the Whole Aflembly were Senlible of the Mifchief or Grievance 5 becaufe the Subje&s £>UetHEnC? to the intended King, in fuch Cafes, would be Inconfiftent with this Conftitution 5 for how could they obey in fuch Things, as would be againft Right, and tend to their own Deftruction ? But how, or by what Means, to Provide an Adequate Remedy \ to Obviate or Remove thofe Grievances, was what the Greateft Part of the Aflembly Efteemed, in a Manner, Impoflibk and Impracticable. Some of the Aflembly Objected, That if every miftaken Step, or inadvertent Error, in the Exercife or Adminiftration of the Government, fhould be Charged as a U&iCacl) of thefe Original f 2 The BRITANNIC Original Conflitutions, there would never want Pretexts for Tu- mults, Infurre&ions and Rebellions. Britannus, in this Uncertainty, and Irrefolution, rofe up, and Offered his Sentiments to this Effecl:, viz. That the whole Contexture of thefe Constitutions, tended to the Safety and Honour of the Monarchy or Supreme Governor 3 foralmuch as if any Errors or Mijlakes in Government, of a General Nature, mould, by the Advice of Evil Minifters, happen to be made, Tending to the Univerfal OppreJJion or Enflaving of the People, or to the Change or Subverting of this Fundamental Form of Government 5; the intended King had no more to do, than to Affemble the Parliament, and leave the Redrefling thofe Griev- ances to that Grand Ajjembly , That the ^COplC would never fail to be Thankful for fuch an Opportunity 5 That in fuch a Cafe, the Clouds of Difcontent would certainly fall fhort of the Monarch, and break upon the Heads of Evil Minifters ; and therefore he Concluded, That the intended King, having an impregnable Fortrefs (the Parliament) to Refort to, could never want Means to clear up his own Honour, and fecure his Legal Authority, and his Safety. However) Britannus infilled, That the intended King's Person, in his Natural Capacity, was before Agreed to be Inviolable, and that therefore, in RefpecT: to the Grievances proceeding from fuch Acts, as might be fuppofed to be fuch Breaches , common Reafon would Inftruft the Opprefled, to obferve the Conftitution, and the Rights of the Governor and Governed, and would teach the Governed to try all SubmiJJive Methods, to remove the OpprefTion, and Redrefs the Grievance, and to wait Patiently 'till AJfijlance mould be Wanted * Alledg- ing, That, in Cafes of Want and Diftrefs, Breaches of Con- traits and Promifes, and efpecially Acts of Cruelty in Shedding Blood without Mercy, or by Inexorable Imprifonments, Exiles, and fuch-like, would be SftCWCUllKtCt) ; for Confcience, in fuch Times, will be heard, and Adverfity would be fure to hear of her Errors ; therefore, in fuch a Cafe, an Opportunity would Occur, in which Men might conflder, Whether a EftcftlttUlDtt to their Freedom, and a Reformation of their Sufferings, ought to Antecede their Afjiftance. Britannus added, That his Suppofitions would appear more reafonable and probable, from a View of the Innate ^opctl^ dtp <— , CONSTITUTION. GtP of human Nature 5 which, whenfoever it can Act freely will perpetually and forcibly, move Men to Love, and Follow and Atfift fuch ^GU)£t£, as fliall tend to protect and preferve, what they Efteem to be their Rightful Privileges and Felicities • and to do the contrary, in Refpect to fuch Powers, as mall tend to their being Deprived of them : He Added, That when Man was far & formed, the Great Creator planted in his Nature an Eternal Fear and Enmity to fuch 2ttbltratp $0BKt over him, as will, or may Opprefs him, which will for ever make Men Watchful, whenever Time offers the <}1BC&U£, to free them- felves from Oppreffion 5 and, which is the fame Thino- from the Imminent Danger and Fear of Oppreffion. Thefe Reafonings of Britannus were heard with a profound Silence and Attention, and fome of the Affembly Obferved That the Grievances, proceeding from fuch fuppofed Breaches, had been Treated with the Greateft Tendernefs. Upon the Whole, it was Moved and Agreed, That the Affembly had no Occafion to come to any Refohtion about Grievances, proceeding from this Sort of 2H5jC&c!K3 5 but rather to &C£pitC this Confederation, by leaving it as fufficiently provided for, and fettled by one of the former Articles of this Original Conilitution, which being founded on the Principle of Self-Prefervation, hath furnifhed to every Man, a Right to Defend himfelf, and his Poffeffions, againft the Minifters of %X\$U tttlty Power, and to avoid the ^j)lclt)£tp of him, and his Poflerity. sect. xxx. AS to Breaches of the Original Conflitution, fuppofed to be made jointly, by the Three Ejiates, of the Intended King, Lords and Commons, Britannus, in this Place only Obferved, That if fuch unexpected Things ihould happen, which would, in a Manner, Execute themfelves, and become immediately incon- venient, fucceeding Parliaments would Repeal them 5 but if they were fuch, as were Executory and Conjijied in fieri, they would Wither, and Difappear like Mufhrooms, and Lofe their Force by Neglect, and Non-Ufer 3 and fo the Affembly took no further Notice, at this Time, of thofe fuppofed Breaches, Referving the Confederation thereof, till fome future Conjuncture lliould Require it. A a SECT. 93 94 The B R IT A N N I C SECT. XXXI. BRITANNUS Oblerving, that in his Apprehenfion, their ^UftttUtlOttS drew near to a Conclufion, he therefore put the Aflembly in Mind, That there wanted an CjcplattiltiOtl, to pre- ferve Inconfiderate Men from M'ijlakes> and to guide their Obedience to the Regal Authority , for that though the intended King was to be Inverted with the whole Executive Power of the Laws, and with as great Powers, as could poffibly confift with the 'Peoples Freedom $ and though Rules for the Punifli- ment of Difobedience to him, were Appointed and Directed, yet lmce one of the Firft Articles of the Conftitution, did Autho- rize a SDlftUtbtUKC and Removal of the Minifters of Arbitrary '•Power 5 therefore he furmized, That Defigning and Factious Men might, in After-times, Mifconftrue and Mifapply that Principle, and, under a Pretence of Ttijlurbing the Mini iters of Arbitrary Power, turn it to Countenance i&cGii&UCC anc ^ Re- bellions againft the Legal Authority. Britanmis therefore propounded, That there fhould be An- nexed to the whole Conftitution, this Explanation, viz. That it fhould ^>0t be lawful, upon any Pretence whatfoever, to withftand, oppofe, or IMift the King's JLtQ&l SItttijOJttp, inftituted by this Conftitution, or his ILCgttt Commiffions, Orders or Commands, Ifluing from his Regal Executive Power, inftituted, by this Conftitution, to be Inherent in the Supreme Government, it being (as he Alledged) a Magisterial Truth, That fuch Legal Authority, founded on this Conftitution, and the King's Legal Orders and Commands, ought to be Irre^ Jilt able ; Urging, moreover, That without the Exclufion of fuch Rejiftance, no Government could Subfift or be Practicable 5 and that fuch an Explanation, would be not only Confiftent with, but a neceflary Support of, every Part of the Conftitution. Agricola, in his Argument on this Head, fhewed the Indif- penfible Neceflity of this Explanation 3 forafmuch as without it, the whole Syftem and Form of Government, which they had been, fo Carefully and Warily, Framing and Inftituting, would be of no Ufe, either for Protecting the Vertuous and Peaceable, or Reftraining the Vicious and Diforderly, Parts of the People 5 but then he Objected this Difficulty, and Demanded a Solution, viz. CONSTITUTION. 9$ -viz. uOf)Q QoaiD be ti)t ^UhQV, Whether the Government be Adminiftred in an Arbitrary, or Illegal Manner, or by the Legal Authority, and according to the Conftitution, and Funda- mental Form of this Government ? And how Jhould the 'People Know, or be Convinced, or Determined, of the Difference ? without which, they could never Behave rightly. To which Brit annus inftantly Replied, That that Queftion was equally Immaterial, as to demand, how the People JJjouJd know theConftitutions, or Laws of the Land ? which they muft, of Neceffity, be prefumed to know, or elle, how could they Claim the Benefit of them, or Obferve and Obey them, or be Re- ftrained by them, or be Puniflhed for the Breach of them ? And that, by the fame Reafon, that it muft be prefumed, they know the Conftitution or Laws, or Original Form of this Go- vernment, it muft be prefumed, they know what is a Breach or Violation of them : He Affirmed, That no Adminiftra- tion of Government, could be called ^BMfSflVp, or De- structive to the Conftitution, until its Violations and Oppreflions came to be of a General Nature, and to Affect every Man ; ( that is ) Until the Form of the Government, now Inftituted, ihall be fo Changed, as that Change may be Vifible and Appa- rent to all Men. He Added, That the true Intereft of the Na- tion and People, was the plainejl Thing in the World ; it was what Every-bddy in Britain, would Find, or Feel, and Know to be Right 5 And that they would not be long a finding it nei- ther : Whereas fuch a Suppofition of Incapacity, or Ignorance, in the People in General, as not to fee, or know rightly, in fuch a Ca(e, would make it Indifferent, whether there were any Con- ftitutions or Laws made for their Security or not ; for if they had not Knowledge, or Senfe, to diftinguifh between Liberty and Slavery 5 nor to difcern, when they F.njoyed their Liberties and Properties, or when they were Deprived of them, // matter d not, whether fuch a Brutifh, Stupid People, were Freemen or Slaves. This Reply, and Method of Reafoning, not only Silenced the Affembly, but furnifhed Matter for an Additional Motion 5 And accordingly Britannus moved, That every Perfon of this Nation, mould have a Right, and free Liberty to Inquire into, and Learn, and to Inftruct himfelf, and others, in every Pare of this Conftitution ; and in every one of the Rights, Powers, and Privileges, of each of the Three Eftates before Inftituted $ to the 9 6 The B R IT A K N I C the End he might not only Know and Underftand, but Behave rightly. The Aflembly thereupon unanimoufly Refolved, and Agreed, That the feveral Matters of the drtplau&tlOtt, as the fame was propounded by Brit annus, and of his Motion, fliould be, and become, NecelTary, Inherent, and Perpetual Qualities, and In- gredients, Mixed with, and EfTential to, this Constitution, and Form of Government. SECT. XXXII. AGRICOLA, laftofAll, becaufc for the Sake of All, moved, That, in Order to Obtain Bleffings upon the Nation, and upon the Government of it, as it is by this Conftitution Eftablifhed, a Competent jj$lUltf)£T of Men mould be fet apart, whofe Buflnefs fliould be to Collefl and Preferve the 'Divine Laws and Commands, Received by their Fathers, Noah and Japhet, and by them Delivered to their Children and Pofterity 5 To Read, and Expound them to the People * To T'fefide in the Miniftration of Holy Things, in Celebrating the Divine Worfliip, hi Making Sacrifices, Prayers, and Thanklgivings, to the Greac Creator 3 And to 'Plant, and Cultivate Principles of Freedom, inclining the People to Obey, and the intended Kings to Govern, fo as Both might Adhere to, and Support, and Endeavour to Perpetuate this happy Conftitution. Brit annus Declared, That though he had never heard, that any fuch Order of Men, had been ( fince the Creation, down to that Time ) Inftituted, but every Man had, by himfelf, Sacri- ficed and Worshipped, in fuch Manner as he had learned of his Fathers, and particularly of Noah, who was the Firft that Raifed an Altar, and Sacrificed to God, for his Merciful Goodnefs, an Offering of Thankfgiving 3 yet he thought the [njiitution of fuch an Order, was Necessary to prevent the Falling of the Peo- ple, into Ignorance and Barbarity, into Frofanenels, and all Kinds of Wickednefs 5 And therefore he Propounded, and, ac- cordingly, it was Refolved and Agreed, That fuch an Order of Men fliould be fet apart, whofe Office and Profeilion, fliould be to Perform thofe good Things, Enumerated by Agrho/a ; That they fliould be called Priefts, or Trefidents in Holy Things ; That Competent Renfenv.es fliould be Afligned for their Mainte- nance 5 That they fliould be Reverenced by the People, and Treated CONSTITUTION. 91 Treated with Refpect and Honour, by the Great Men - That they fhould wholly Exercife themfelves in Affairs which Concern the Spiritual State, and not intermeddle with thofe relating to the Temporal j And fhould account it a Material and Neceflary Part of their Duty and Function, to perfuade the Governor, and Governed, to obferve and prefervc, this ecjual Form of Govern- ment 5 And that this Proportion fhould be, and become, an eifential Part of this Conititution. SECT. XXXIII. BklTJNNUS Recollected, and put the Aflembly m Mind, That, in Regard the Third Eftate, in the intended Go- vernment, was to Confilt of a Houfe of Commons, to be Ele~ Bed by the People, to Reprefent them in Parliament, it would be Neceflary 5 And, accordingly, he moved and propounded, To make a iJ&cp<ltlOtt of thofe Elections, in different Parts of the Nation 5 to the End, the Whole might be equally Repre- fented 5 And added, That the intended King, mould be Totally Excluded, from Intermeddling in, or Influencing fuch Elections, either by Recommendation, Requeit, Gift, or Commandment 3 Neither fhould that Superlative |&r t f}UfG(0 of the People, be Deemed, to be Derived from, or under, fuch intended Kino • in Regard he was Inverted, with the Supreme Prerogative of Call- ing, AlTembling, and Diflolving Parliaments 5 And for that End, he fhould fend out Writs of Summons, Commanding Elections to be made, and the Perfons, when Elected, to Meet, &c. But fhould, in no Sort, Interfere with the People, in the Bulinefs of luch Elections, either as to the Perfons to be Elected, or otherwife : And, for the better Excluding fuch Regal Influ- ence, Brit annus propounded, as a molt reafonable Provifion, That fuch Reprefentatives, fhould have Reafonable (iichlgCS Paid and Allowed them, by their Condiments, or Electors, and by none other, to Defray their Expences, during their Attendance on the publick Bufinefs, in Parliament. Agrtcola Commended the Overture, and moved, and pro- pounded, That the Nation fhould be Cantoned, and Divided into Convenient Provinces, or ^DljStCS 0- ?• Shires) to be called Counties ; And that the People of each Province, or Shire, mould Elect Two Difcreet Men, to be called Knights, to Re- prefent them in Parliament 5 and fhould Pay and Allow them B b Competent 9 8 The B R I T A N N I C Competent Wages, to Difcharge the Expences of their Attend- ance. Mercator moved on Behalf of the Tr ciders, and feconding Agricola, he propounded, for their Benefit, That each of the Largeft and Ableft Sea-Ports, and Trading Cities, and Inland Towns, and Boroughs, throughout the Nation, fhould, in like Manner, Elect Two 'D'iftreet Men, to be called Citizens and Burgefles, to Reprefent them, and to take Care of their Inter ejls in Parliament ; and fhould, in like Manner, Pay and Allow them reafonable Wages ; And, that if any Town or Borough fhould not be Able to Pay the Wages of Two Reprefentatives, then the Election of one Reprefentative only, fhould be Allotted to that Town, or Borough. But then he propounded, That when fuch Reprefentatives fhould be Chofen for any particular Place, it fhould be under- flood, That he was intrufted to Act, not only for that Place, but for the Kingdom in General, in Conjunction with his Co- reprefentatives. The ^ftfcniblp Approved All thefe Motions, and Refolved, Ordained, and inftituted, That the Matter of all thefe feveral Propositions, made by Brttannus, Agricola, and Mercator, Touching CiCCtlOlt£, fhould be, and become, Original, Fun- damental, EiTential, and Inherent Rights, and Privileges of the People of this Nation 5 and fhould be Infeparable Parts of this Conftitution, never to be Altered, or Queftioned, by the in- tended King, as Forfeitable, or Seizable, or Extinguifhable, for any Matter, Caufe, or Thing, whatfoever 3 becaufe fuch a No- tion might tend, to Alter the very Eflence of the Legiflature. The principal Terms of the Original Conftitution, being thus Settled and Stipulated, the next Matter that came under Debate in the Afiembly, was moved by Agricola, and was, What Method, and Means, fhould be Contrived, or Formed, by which the Firft Perfon to be SDfClclteD l&ttlg, and all fucceed- ing Kings, fhould Enter into a State-COtlttflCt with the ^People, and the 'People with them, to obferve on each Part, thefe Con- ftitutions • and to fecure the Government to be Exercifed, Ad- miniftred, and Obferved, by the Governor and Governed, ac- cording to the 5F02mSi and Terms above Inftituted and Prefcribed 5 to the Intent, each of the Parties might know the Conditions that CONSTITUTION. 99 that were to be Obferved, of which the mod Fundamental was 5 That the Three Eftates of King, Lords and Com- mons, in Parliament AiTembled, fhould have, and they only fhould have, the Power to Make New Laws, and to Alter Old Ones, Brit annus , in Anfwer to this Motion, laid, It would be Neceflary therefore, to Defcribe the Nature of a Contract \ which he Defined to be, Attus contra Afium, i. e. fome Acts to be Done, on the Part of the intended King, in Confideration of other Acts, to be done on the Part of the People : And fo, Vice Verfa, fome Acts to be done on the Part of the People, in Confideration of other Acts, to be done on the Part of the Supreme Governor ; and therefore, in Order to Reprelent that Matter fairly, it was Recjuifite to Recapitulate the feveral Parts of the Conftitution, before Agreed on and Inftituted, which he did in this fhort Manner 5 That the 2J5ilfiS and Foundation of the intended Government was to be, That the People fhould have, and enjoy their Liberty, Security of their Lives., Pro- perty, and Freedom of Trade 5 and for that End, Three Efiates had been Erected , Confiding of a King, of Lords, and of the Commons, in whom ^JOttltiP was Vefted the Abfolute Power to make and alter Laws, for the Good of the whole Body, with fome Memento's Refembling Reftrictions. That the Two Eftates of Lords and Commons, fhould have fome Powers and Privileges, fpecial and peculiar to each Ejlatej and others general, common to Both 5 and that no Taxes or other Charges, fhould be impofed or levied, without a Grant thereof in Parliament. He proceeded, and Repeated the Great Powers and Preroga- tives, that were provided for the intended King, or Kingly Office y That the intended King's Perfon fhould be Inviolable, and fhould Reprefent the Kingdom 5 That he fhould make Treaties with Foreign Potentates, touching War and Peace 5 in which it fhould be underflood, the Will and Power of the Kingdom was Expreflfed and Comprehended 5 and that he fhould have the whole Executive Power of the Government, by his Minifters and Officers of State, both Civil and Military 5 and more efpe- cially, in caufing Juftice to be Impartially Adminiflred by fuch Judges, as he fhould think fit to Appoint, and Intruft with the ioo The B R IT A N N I C the Performance of his Oath to, and his Contract with, his. People. Britannits, from the Whole, Concluded, That What the intended King was, on his Part, to Do and Obfer \ e, might be Reduced to this 5fGJHl 3 ^hat ne mou ^ gi ye C ^ ro ' teflion to his People, which was a Comprehenfive Office : For, by Protecting them, he was not by himfelf, or any other Man, to Invade, or Injure the Right, Liberty, or Property of any Man ; he was to protect every Man from Injuries Done, by his Fellow Subjects, i. e. he was to caufe Juftice to be Adminiftred, acccording to the Laws Impartially 3 and to protect his People from Injuries to be Done, by Foreign Enemies 3 and in all Treaties and Alliances, the Profit and Advantage of his People, was principally to be Regarded : and he was to Call and AlTemble Parliaments frCQUCUtlp, and Advife with them, touching the State, or Condition, and Defence of the Realm : And negatively, That he mould not Afliime, or Exercife an Arbitrary Power in Government, by Attempting to Impofe Taxes, or Levy Money, without a Grant thereof in Parliament 5 or by Attempting to Difpenfe with, or Sufpend the Laws, or the Execution of Laws, or by Invading, Breaking, or Viola- ting, any of the Powers or Privileges, of both, or either Houfe of Parliament j or by Keeping Standing Forces, in Times of Peace, without Confent of Parliament 3 or by Governing without Par- liaments 3 or by Doing other Things of like Nature. And as to the Manner of What the People were, on their Fart, to Do and Obferve, he Reduced that Matter to this .fOjHfl 5 That the People mould, on their Part, give the intended King, Honour, Obedience, and t&tt^ COltftclft, and the publick Power, and Security, was to be Founded 5 becaufe the People's Obedience, was to be Exprened, to the intended King, by Obeying his SummonSj and Attend- ing him, by their Reprefentatives in Parliament, in Confidering the publick State and Condition of the Nation, and his Repre- fentations thereof 5 in Advifing him, touching the Grandia Regni, and in Affiiting him, with Aids and Supplies of Money, <^c. for which Ends, NeceJJity Required, they fhould be truly Informed of the State of the Kingdom 5 for no Man can, with any Senfe, confent to Give Publick Aids, unlefs he know the Ufes and Purpofes, for which they are Wanted and Required. Britannus having thus Demonstrated, the Nature of What was to be the £>tate Contract, he Suggefted, That the Perfon whom the Aflembly ought to Declare to be their King, oucrht to be fome one, from amongft themfelves, who had Affifted in the Framing, and Contriving the Terms of this Conftitution : And therefore he propounded, That a fufficient Expedient, or jfOJllt in this Matter, would be, That it fhould be Prefcribed, Infti- tuted and Ordained, to be an Ejjential Quality or Form of this Conftitution and Government, and mould, in all Times, be fo ^Deemed and Underjiood, That when the jfirft and fucceed- ing Kings, Do 2lcCCp£ this Government, and the Truft Repo- fed in it, or 3JCCC&0 to this Crown by Defcent, or otherwife, and Do ^{FttttlC, and Undertake the Exercife of the Kingly Office or Government, That they, by thefe Overt-Acts, Do, by 3fnipllCattOU, Accept and Ajfume the fame upon the Trufts, and upon the Terms, of Making this Conftitution their Guide, in Executing, and Adminiflring the Government 3 and that the ^COptC mail be Underflood, by the like ^Implication, to Submit to, and be Bound by the Oath of Allegiance to him, C c i. e. io2 c fhe B R IT A N N I C i, e. to Honour, Obey, and 2lfflfi: him, in the Form aforefaid 5 and that fuch Acts Evidencing an Acceptance, and Affumption of the Government, on one Hand, and fuch Submiffion of the People, on the other Hand 5 mall, in all Times to come, be Deemed and Underftood, to be an ^NtpliCD Original Contract, between the intended King and his People 5 and that fuch an Implied Contract, fhall Be Deemed as Strong, as an Exprefs One. Brit annus further propofed, That the Firft, and all Succeed- ing Kings fhould be Crowned as aforefaid, and that, at the Time of their Coronations, they fhould J&CHCttJ fuch Contract, by taking an Exprefs Oath, That they would C50t)CtU this Kingdom, according to the Laws, and Statutes Agreed on, and to be Agreed on 3 and that the People on their Parts, fhould take an Exprefs Oath^ to bear Faith and True Allegiance to the King, }. e. To Honour, Obey, and ^(Hfi: him, according to the Conftitution 5 and that thefe Implied, and Exprefs Engage- ments fhould, in all Times, be Deemed, and Accounted to be, the Ctyginal CCnttflCt. In which Contratf, it mould be alfo Underftood and Implied, (as Br'ttannus propounded) That not only Good, but the Beft, Laws, are Comprehended, aut in Attu aut tPotentia, either Actual or Potential : Becaufe, Whenfoever the old Laws fhall be found Defective, or new ones Wanted, Then by Alfembling and Holding the Parliament, which the Conftitution Requires the intended King, in Juftice, to do, fuch old Laws may be forthwith Amended, and fuch new Ones inftantly made, as fhall be moft Eligible, by the Two Eftates of Lords and Commons, in Parliament AiTembled, who, in Fact, are to be the Objects to be Governed thereby. Thefe Propofitions of Britannus were Unanimoufly Agreed to 5 and thereupon it was Unanimoufly Refolved and Ordained, Nemine Contradicente, That the Matter of thefe Propofitions, fhould be, and become, an Eflential, and Perpetual Article, and Part of the Original Conftitution. SEC To CONSTITUTION. 103 SECT. XXXV. THE Original Conftitutions, and the Form of this Govern- ment being thus Fafhioned, Agreed, and Ordained, and all the Parts of it being Made and Framed, as it were, in uno Con- grejfa, the Aflembly Adjourned, for a Reafonable Time, to make fuch Repartition or Divifion of Elections, and fuch Can- tons or Shares of the Nation, and alfo to make and prepare a Crown, in the Manner Agreed on, and to confider of fome fit I^CtfOn, whom they fhould Declare to be their King, and fc> to carry the Original Institutions into Execution. The Repartition and Divifion of Elections being made, and the CtOl&U being prepared, the AiTembly met again, at the Time Appointed 5 and the great Bufinefs before them, being, What Perlon they fhould 'Declare to be their King, fome pro- pofed One, and fome named Others $ againft every one of which, fome Fault or other was Objected : At Laft, Jgricola, the Notable Commoner before named, rofe up, and Recom- mended Britannus to be their King, and, in Well-compofed, and Pathetical Expreffions, Illuftrated his Perfon, his Age, and Riches 5 but, above All, his Penetrating and Difcerning Wifdom, and Underftanding 5 who had, throughout this whole Matter, Invented Wife, and Jufl, and Ecjual Expedients, to Solve and Adjuft their Difficulties : And that therefore, fince Britannus had fo excjuifitely Contrived and Framed fuch Good and Jufl: Rules of Government, he thought no one could be fitter than He, to be the fupreme Governor, to Adminifter and put them in Execution. The whole AiTembly concurred with Agricola, and there^ upon Britannv.s was Unanimoufly, and with great Acclamations, JSemine Contradicente, Declared King 5 after which, feveral Antient, Grave, and Learned Men, were, for the Ends afore- faid, Selected and Appointed to be Priefts, or 'Prejidents, in Holy Things 5 And thereupon the Prieft, by Order of the Af- fembly, 2triQttttet) Britannus, Adminiftred the Coronation Oath to him, and Crowned him King 3 And the People took the Reciprocal Oath of Allegiance to this their Firft King 5 whereby the £);tigttt&l COttttflCt was Made and Compleated. From , 04 The BRIT JNNIC From this Form of Government:, and from thefe Original Conftitutions, and the gCtygitUtt Contract, Made and Entered into between that King and People to Obferve them, it is De- monitrnble, That thefe Original Conftitutions, were the Funda- mental Form and Meafure of the New, and Firft King's Go- vernment 3 And that whatfoever Form, or Sort of Government, iliould. be AiTumed or Adminiftred Beyond, or Contradictory to them, was without Authority, and was 2frt)ltnitp« On the other Hand, it is alfo from them Demonftrable, That thefe Original Conftitutions, are likewife the Fundamental Form, and Mode, or i$}Ca(UtC, of the Subjects Obedience, and are their Hereditary 'Privileges; and that whatfoever the Sub- jects mall do, or refufe to do, that are not contradictory to the Original Conftitution, is not a Crime, nor Punifhable 5 for where there is no Law, there is no Tranfgreflion. SECT. XXXVI. BRITJNNUS being thus made King, he Firft Chofe his Counfeliors, Judges, Minifters, and great Officers of State 3 and, immediately after, called his Firfi 'Parliament $ and, for that Purpofe, he Selected a Competent Number of the Richeft, and Wileft, of the People, and Raifed, and Created them, to be the Nobles, or Peers, and Summoned them to Meet him in Parlia- ment, at a certain Time, and Place 5 Appointing them to be called, The ^OUfe Of H0?D& And his Majefty alfo fent out his Writs (or Written Letters) of Summons, Commanding the Commons, in their feveral Re- partitions, to Elect their Reprefentatives to Meet in Parliament 5 in Purfuance whereof, Elections were made, and the Perfons fo Elected, together with the Lords, came at the Time and Place Appointed, and Attended the King 5 and thereupon the Firjl ^Parliament was held, wherein this Form of Government, and the Original Conftitutions, and all the Parts and Terms of it, and the Form of the Original Contract: to Obferve them, were Confirmed and CfttlUlifijtfD, to be the Original, Perpetual, Eftential, and Unalterable Form and Conftitution of this Go- vernment j and to be the Hereditary Privileges of the People of this Nation 5 and to be, in all Times to come, inviolably Ob- served, CONSTITU fl N. 7o$ ferved, and ro. be called, %ty %&%) of U)l ftanT) 5 and to be Supreme, or Above All 5 And that the lame mould have no Controuller (but only the Parliament, in their Lcgiilative Capacity.) SECT. XXXVII. THIS mofi Noble, W 7 ife, and Heroick Firft King Brit annus; Reigned long, and Adhered ro this Form of Government, and Exerciled and Adminiftred his Government, according to thefe Original Constitutions • and left, at his Death, fuch a Venerable Fame for his Wifdom, Juftice, and Fortitude, that it might be reafonably ^CfUlHCD, the Ifland, from him, was named Bri- tannia, and the People 2l5?ltOtlS t In like Manner, as, in After- times, the greateft City and State in the World, was called Rome, and the People, Romans, from Romulus, the firft Founder. The ^efuinpftOU Is alio Strong, that from this firft King Eri- i annus, or whatever elfe was his Name, our Sovereign Lord King George, is Defcended § for though the -Roman 'Power being Ex-> ceffive, and Difdaining any Addition from the Natives, did Re-* duce the Britijh Royal Family to an Obfcurity, 'till Britons, Recovering Strength, caft off the Roman Qppreffion 5 yet all the other fuccefsful Invaders, Saxons, 1)anes, and Normans, Covet- ed, and accordingly did, Corroborate their Titles, by Marriages into the Original Stock, or Lineage of the Britifi Royal Family : And, therefore, fince King George, as well as others of that Familv, hath been called to the Throne of his Anceftors., by Virtue of this Fundamental ji'OjUl of Government, and of the Original Conftitutions, in the Framing whereof, Briiannus had fo great a Share 5 It is, for this Reafon, not doubted, but that his prefent Majefty, as he hath, will continue, to Imitate fo Ex- emplary, and Glorious, a PredecefTor, in the Execution and Performance of ail the Articles, and Parts of the Constitution, according to the Original ContraCi, and will Tranfmit the fame to Pofterity, in its. full Vigour, .for the Benefit of this Nation, to the lateft Period of Time, In this Place ir may be proper to take Notice, That from the -tKHIiftlOUT, Appearing in every Part of this Form of Governmenr, or Original Conftkution, and from the Duration of ity it may be reafonably Concluded, That the Framing of it, was Guided • Dd £11$ lod ~?tfUUlpftOn here Advanced, of the Antiquity of this Confti- tution, 1,2 tO tlJOfe COttftttttCrtt Parts of the Grand Contract, whereby the Three Estates of King, Lords, and Com- mons, were made the Fundamental Form of this Government, and which Inverted them ^falUtty, with tne Legislature, or Abfolute Power to Make New Laws, and Alter Old ones, with all the Powers and Privileges Incident thereunto j CuftOtn, and Conftant Ufage, proves this Part of the Con- ftitution 5 for all our Laws, that were ever Made, or Altered, or Sufpended, or Repealed, have been fo Made, Altered, Sufpend- ed, and Repealed ^JOMtlp D y tne Three Estates of King, Lords, and Commons, in Parliament Aflembled, and in the Manner and Form before Delineated 5 which Ufage likewife (lands Verified by all the Records of this Nation : Some Parti- 1 culars whereof, are thefe that follow, viz* The Memorials are Uncjueftionable, That King William h commonly called the Conqueror, foon after his Acqueft of this Government, AfTembled, and Held the Commune Regm Concilium; by which Latin Words, the Parliament, or the Two Eftates of Lords and Commons, were always Meant and Underftood. King 'Johns Magna Chart a, herein after Printed, Verbatim, provides for the Calling and Holding Parliaments 5 Defcribing them to be the Lords and Commons. But the ftronseft Evidence is, That at a Parliament holder? in the 40th Year of the Renowned and Victorious King Edw. HI. Anno i)omini 1366, his Majefty Informed the Two Eftates of Lords and Commons, of the Notice he had Received, That the Pope pretended, King John had, by a Deed, made a Dona- tion to the See of Rome, of this Realm of England, and Land of Ireland, and had Received and Accepted the fame back, to hold of that £)0f, by Homage, and Paying a Yearly Penfion of 1000 Marks; and that the Pope intended to Cite this King, to do the Homage, and pay the Penfion, and great Arrears of that Tribute $ and, in Default thereof, to Excommunicate the King, and Interdict the Kingdom 3 and therefore the King Re- quired of this Parliament, their Advice, What was fit to be done in a Cafe fo Extraordinary. G v This i,8 The BRITANNIC This Claim of the Pope, brought into Queftion, before the Par- liament, the Original Powers and Rights of the Three Estates, of the King, Lords, and Commons \ and what the King could, or could not do, without the Confent of the other Two Eftates. Whereupon an Act was Introduced into Parliament, which PafTed the Two Houfes of Lords and Commons, Nemine Contradicente, and to which the King gave the Royal Aflent, whereby it was Declared and ^tlfUtigCD, That King John, 0? ailp 0tl)Ct Bllig of this Nation, could not, 'Without the Confent of the Two Ejiates of Lords and Commons, put himfelf, nor his Realm, nor his 'Peo- ple, under fuch Subjections and that if King John had fo done, it was done without the Confent of the Lords and Commons, and in ESjcac!) of his Coronation Oath {i. e. The Original Contract:) and was therefore, and for that Reafbn, Null and Void : And moreover, That if the Pope fhould make any Attempt to Con- jlrain the King, by any fuch Procefs ; Xt)Cj> ( i. e. The King, Lords, and Commons) would Rejzft, and, with all their Power, Oppofe the Roman Po?itijf, and all his Proceedings. The Definitive Sentence, or Judgment of this Parliament, given 360 Years ago, hath furnifhed Matter to form this Argument. That all the $0tDtt9>, of the Kings of this Nation, are to be Known, and Meafured by the Powers of the 5flVft I&tUlJ. But the Judicial Determination of this Parliament, hath Afcer- tained that Matter, That the Firft King could not, without the ConlCttt of the Two Eftates of Lords and Commons, put himfelf, or his Realm, or his People, under the Subjection of any Foreign Potentate 5 for the Words are, That King John, or any 0tt)£t l$Ulg (which Includes the Firft King) could not, Sec. 3O)0 COttClUfiOU is therefore Irrefragable, That if the Fkfb King had not Power, without the COltftllt of the Two Eftates of Lords and Commons, to do fuch an Act, XtJCU the Two Eftates of Lords and Commons, and their Power, to Give, or Deny, that Confent, was Formed, and made Part of the Origi' nal Contraft for Government, at the fame Time, as the Firft King's Power was Formed 5 for the Firft King's Power, could not be Bounded, or Reftrained, but by fome other Power, which the Contracting Parties did, at the fame Time, Inftitute and Agree upon. And, CONSTITUTION. up And, therefore, the Abfolute Power was, at firft, Cantonizd, be- tween the three Eftates, in fuch Manner, as is before Averted. This Parliamentary Declaration, or T)efinithe Sentence, be- ing lent to Rome, the Truth and Force of it, Extinguifhed all the Papal Pretentions 5 The fame, or the like Claims, beino- never more heard of. This Statute-Evidence, will ftand for Ever, Unfhaken, aoainft the Ludicrous Engineering of Dr. Brady, and other fuch Pioneers, who wanted not Confidence, to Queftion the Authority, not only of this Statute, and of this Definitive Sentence, of King, Lords, and Commons, but even of King Henry Ill's Magna Chartti. To this Evidence may be Added, the Statute of 5 ° R. II. cap. 4. Anno T)om. 1381, Whereby it is Enacted, That all Members of Both Houfes of 'Parliament, and efpecially the COUUllOflS, who Jhall have Summons to Parliament ( i. e. when they are Elected ) Jhall Come to, and Attend in Parliament, as had been Accujlomed of SDlD XtmeS 5 and that the Ahfenters pall be Punified, as, hi ^DlD 3£iniCS had been ufed to he done. This Statute is therefore a Strong Voucher, to prove, That the Right of the Commons ( as the Third Eftate ) was Equal, Coeval, and Coordinate, in Old Times, with the Lords, or Second Eftate 5 And that thefe 016 %\\\\t$ were the Firft, and Original Time, when this Conftitution of the Three Eftates, was at firft Formed and Inftituted 5 for Gainfayers may be called upon, to Affign fome other particular Time (if they can) when thofe <£>!D %\\\M% firft Commenced. However, no Gainfayer can fliew any Law, or any Authen- tick Memorial of any Law, in this Nation, that was ever Made, or Altered, or Sufpended, or Repealed, by any other Authority, or Power, or in any other Manner, or Form, than according to this Conftitution* This jftrgatitie ^fltrtiOn Appears to be Eftablifhed, by an Act of Parliament, made by all the Three Eftates 5 and to which King Henry VIII. as the Head, and moft Excellent Eftate, gave the Royal AflTent, Anno Dom. 1533, whereby it is Declared, That this Nation is $Xttfrom any Mans Laws, but fuch only, as £2o We BRITANNIC as have been DefolfeD by the $COplC, and Ctygutallp Ordained and EjlablifJied by their COUfettf. And by this Statute it was moreover declared, That the King, Lords, and Commons, in Parliament Affembkd, SftcpjCfCHt the IDljOlC ia)ffltC of this Realm ; and that they, and they only, have the 'Power to Make New Laws, and Alter Old ones. Upon this Statute, it may be Argued, That when Laws were Originally 2DCt)lftt) and Made in England, Reafon and Neceffity, require every JVIan to understand. That the Devifers and Confenters, and their Power, had an Exiftence in Time, P$02 to the Law of their own Deviling and Confenting to. But this Statute fays ( and who can deny the Truth of it ? ) That there never were in England, any Laws, but what were 2DCbtfcD by the People, and £]D?iQttlftUp Ordained by their Con- Cent : The Conclusion, or Tiemonftration, is therefore Unqueftion- able, that the Two Eftates of Lords and Commons, by whom only, our Laws have been T)evifed, and whofe Confent was Ef- fentially Neceflary to the Ordaining them, had an <£nftCttC6 by the primary Inftitution, and by the ^DjtgiUal COilttiltf, before any Laws were T)evijed, or Made, or Confented to, in Eng- land 3 and, confequently, Xl)Cp were Condiment Parts of the Firft, and £>JIC$mal 5? OJlll of this Government. It may alfo be Argued, That the whole State of the Realm, mentioned in this Att of Parliament, doth Include all Orders and T)egrees of Men, from the Highejl to the Lowejl j and that this fupr erne ^Declaration hath Silenced, Extinguified, and Ex- cluded, all Notions and Suppojitions, that there ever were, in this Nation, any other Powers, or other Eftates, than what are before mentioned; or that thefe Three Ejlates, being Repre- fentatives, can Reprefent any Power, Being, or Thing, other than, or bejides the j&eoplC of Great Britain. SECT. VII. A S to the {Djigtttal Conftitution, relating to the Hereditary Privilege of every Britifi Subject, That no Taxes Jhould be 3)Hip0ftD, nor Money, or other Charge, mall be Charged, or Levied upon the People, nor any Part of their Property or Eftates, taken from them, although it mould be for the neceflary Service, or CONSTITUTION. 121 or Support of the State and Government, or for Defence of the Nation ; but fuch Money only, as the Commons have Given, and the Lords Confented to, when they were in Parliament Aflembled. CUftOtlt, and Conftant Ufage, hath alio proved the Mannei and Form, in which this Part of the Conftitution, hath been al- ways Pra&ifed; for all the XfltCS, that were ever Impofed, and all the Monies, that were ever Levied, on the People, to Maintain the State and Government, or to Defend the Kingdom, were Given by the Commons, and Confented to, by the Lords, in Parliament Aftembled. And no Man can fhew any Memorials, or Proof, to the Contrary, except fome Wretched Attempts, where the Powers to Impofe Taxes, were Queftioned $ and thofe Queftions, were Attended with Events, Calamitous and Miferable, as will evi- dently Appear, in the iucceeding Chapters 5 where the Breaches of this Part of the Conftitution, and the Repairs of thofe Breaches, are Reprefented. ' SECT. VIII. A S to the 0£!giUtll Conftitution, touching the Power to Limit, and Direct, and Guide, the Succefjion to this Monarchy, or Government 3 The many Inftances of the Exercife of that Power, which will Appear in the fubfecjuent Chapters, will Suf- ficiently prove the Existence, and Legality, of that fower, and of that Part of the Conftitution. As to the sDjtgtU&i Conftitution, touching the Creation of the Lords, or Peers, and their Summons to Parliament 3 and concerning the Ekfiion of the Commons, to Compofe the Two Eftates of Lords and Commons, to be Afiembled in Parliament 5 And relating to the Xtttffc, Re'pofed in the Regal Eftate, or Supreme Governor, to AlTemble, and hold Parliaments frf- QUClUlp, to Confult and Advife about the State and Defence of the Kingdom, as a 3Dcbt due, in Juftice, to the Nation in Ge- neral, and to the Regal Dignity in Particular : CullOm, and conftant Ufage, hath proved, That thefe Two Eftates are Oricrinal, Fundamental, and Eftential, Parts of this Conftitution and Government 3 and have had an Exiftence in H h that 122 Tie BRITANNIC that Form, beyond the Time of Memory, and beyond the Time, that any Thing, or Evidence, can be fhewed to the Contrary : And, for the better Underftanding this Ufage, it mull: be Remembered, That the ufual Word Parliament, is, in all the Old Records, Rendered in Latin, Commune Regni Con- cilium ; as is before mentioned. And as to the ITtUfl; Repofed in a Kingly Cffice, to Ailem* ble and Hold Parliaments tlTCjUCttiiy* for the Benefit, as well of the fupreme Governor himfelf, as of his People \ the Bed Evidence that any Man can give, in any Caufe, is that Evidence, which proceeds, or comes out of the Mouths of his Adverfaries Witnefles 5 And for this Purpofe, the Evidence which a Cele- brated Writer, and a great Advocate for King Charles I. ( Hammond L' Eflrange, Efquire, ) hath given, is Strong, and Convincing 5 for this Writer, from his judicious View, of the Pourtraiture of that King, in his Altitudes, when he Exercifed his Government, without Holding or Agreeing with Parlia- ments, hath Tranfmitted thefe Strong and Pathetick ExpreiTions, Page o. That a King of England, without his fupreme Council, (meaning his Parliament) is like a Man fO tl)6 iDiMQUlitl Conftitutions, Giving the feveral Rights and Powers to the Two Eftates of Lords and Commons, to SDlftUttl and Purfue, and Supprefs the Minifters of 3lrbltriirp Power, as Common Enemies and OppretTors, and to Declare the Original Contra £i to be Broken, when it is Actually and Wilfully Broken, and that the Throne did thereby become Vacant, and to Reinjlitute the Regal Eftate, by Calling to the Government, fome other Meritorious Prince, of the Royal Family, and fo to fill the Throne, and fupply the Defect of Government : CUftCUl and conftant Ufage hath alfo proved, thefe Parts to be Fundamental and ElTential Parts of this Conftitution 3 lor ftg OftCU as the Original Conftitutions, and Forms of this Govern- ment have been laid afide and broken., and 2it°i3$tC;i£y or Legiflative Powers, have been Jjfumed and Exerciled, and the Rights of the Two Eftates of Lords and Commons Invaded 3 and as often as the Throne hath, for thofe Reafons, become Vacant 5 fo Otat the People, compofed of the Two Eftates of Lords and Commons, in that Cafe of Neceffity, and when all other Means failed, have, in Defence of their Hereditary Privi- leges, or Parts and Rights in the Conftitution, conftantly 2DtO;tttl3CD, and Purfued, and SupprelTed the Minifters of fuch ^ttbltttltp Meafures, and have AfTerted the Original Form of the Government, and have Exercifed their Right and Power, of SDCCltltlUQ the Original ContracT: to be Broken, and the Throne to be thereby Vacant, and have EctttftttUtCD the Regal Eftate, by Supplying the Vacancy and Defed of Government, in Calling to the Government, fome Meritorious Prince of the Royal Family 3 as will evidently Appear, by Numerous Inftances, when the 2i5^raflKS of the Original Contract, and the Repairs of it, come to be Treated of, and Exhibited in the Subfecjuent Chapters of this Undertaking, Infomuch that the conftant Ufage, of thefe Parts of the Conftitution, proves them to be $&tt of the Com- mon Law of England, as fully and clearly, as any other 'Parts of that Common Law can be proved 3 for Common Law can be no other than Common Ufage and Cuftom, in the Exercife of the feveral Parts, which Conftitute this State and Govern- ment 3 which feveral pavtg, Commenced at firft, by ContracT:, or 1 24 " The BRITANNIC or by Acts of Parliament, although the Records thereof, cannot now be Reforted to, or Produced. Nature alfo Enforces this Part of the Evidence ; for if 3ill)!tt'{ltp Power in any Perion or Perfons (except in the Three Eftates jointly) be Deftructive to the Conftitution j and jf the Conftitution cannot be Preferved, without "Diflurbance of fuch an 2ltl)tttlHUtl) , Purfue, and Supprefs, as Enemies, the Minifters of ^VbiCttitp Power, Stands proved by the Statute of 1 E. III. Cap. 1 . Anno T)omini 1 3 27. In which Statute it is Recited, That the Two Spencers, Father and Son, Robert Baldock, and Edmund Earl of Arundel, had Ufurped to them' fehes the Royal 'Power, fo that the King Nothing did, nor would do, but as they did Counfel him, were it never Jo Great Wrong : That when the Queen and the 'Prince were, by the Kings Authority, in France, Treating of Peace between the Two Kingdoms, thefe Four Minifers Incenfed the King againft the Queen and Prince, and procured much Grievance to them 5 infomuch as they Remained beyond the Seas, as forfaken of the King, and Exiled from England 5 wherefore it was Necejfary } for the Queen and Prince, being in fo great Jeopardy, in a Jl range Country, and feeing the Oppreffions of all Sorts of People in England, by thofe Minifers Accroaching the Royal Power . which the Queen and Prince could not Remedy 5 unlefs they came with an Army of Men of War -, and that with fuch Armed Forces, and with the Help of the Lords and Commons of England, they had Vanqiiifloed and Deftroyed thofe Mini' fiers : And therefore it was, by this Ad: Declared, That All fuch of the Lords and Commons, as had fo Ajjijled the Queen and Prince, JJjould Jiand Jitfijied, and floould never be Molefed or Grieved in their Perfons or Ejlates. And this Article of the Conftitution, is further proved by the Statute of 1 1 R. II. cap. 1 . Anno T)om. 1387: In which Sta- tute, the very Cafe in Point, is Stated in this Manner, SSHfttCaS Robert d' Fere, Earl of Oxford, Marquis of Dublin, midltuke of Ireland, Trefilian, and Three other Minifers of Arbitrary Power, C N S TITUTION. 127 'Power, feeing themfelves likely to be Diflurbed and Punifhed, by the Lords Cor.imiffwners Appointed for that Purpofe, by an AB of 'Parliament paffed in the haft Tear 5 They COUCpitCtS many Trcafim againf the King, and many CtUlS againf thofe Cor.rnnffioners, and againf all the Lords and Commons, Purpofes. C&U)CtCUpOtt) the faid Duke of Gloucefter, Henry Earl of Derby (afterwards King Henry IV-) and the faid Earls of Arundel, and Warwick, and Thomas Earl Marlhal, fcClUg the open Defruttion of the King and Kingdom, if the faid Five 2$VtM.tf wtp ( but Favourite ) Miniflers, and their Adherents, were not 2Di(hlti)CT}> which could not otherwife be done, but with a Strong Hand : Therefore, for the Safety of the King, and hts Realm, the Duke, and thofe Lords, and their Adhe- rents, Affembled themfelves forcibly (meaning at Haringay-Park, after mentioned) and Rode, and Purfued, 'till they had 2Db ftUtlKD tide faid |B0B?tt, fi Gathered by the faid Five ^XbU tfcttp Minifers (meaning at Radcot-Bridge, after mentioned). It was, therefore, by this Aff of Parliament, Declared and Enacted, That all Things that were fodone, by the faid Duke of Gloucefter, and the Four Earls of 'Derby, Arundel, Warwick, and the Marfhal, and their Adherents, were done, and were Approved, and Affirmed, by Authority of Parliament, as done to the Honour of God, and the Salvation of the Realm. And this A<5t of Parliament, Stands CltabilfljCt) by the Sta- tute of 1 H. IV. cap. 3.5 As a Statute made for the <25?Cat 1^0* nour 3 cm!) Common fbjofit of t&is $eaim* This i" 2 '8 fht BRITANNIC This Article of the Conflitution, Stands, therefore, by the Evidences aforefaid, well proved $ And it is Incumbent on him, who will Deny, or Controvert, thefe Evidences, to Remove out of his Way, not only all the other Proofs, but the Autho- rity of thefe Three Acts of Parliament, of i E. III. cap. t. 1 1 R. II. cap. 1. and i H. IV- cap. 3. SECT. X. ANOTHER Proof of this Article of the Conflitution, Appears from the folemn Judgment of the fupreme Judicature in Parliament, againfl Doctor Sacheverell, who was Impeached by the Commons of Great Britain y for Denying, or Condemn- ing it as Unlawful. The Queftion was, Whether the Means ufed by Armed Forces, to jDifttttl), and Remove, the 3irt)tttatp Government of King James II. were Lawful, or Not ? The Facts upon which this Impeachment was Grounded, were thefe, The Prince of Orange, with a great Fleet, conjifi- tng of 50 Men of War, and many Tranfport Ships, Landed 12,000 Armed Forces, on the ph of November, 1688, at Torbay, in Devonfhire, to whom, great Numbers of the Englidi Joined, and Marched up to London, without Oppofition, by Reafon a great Part of King James's Army, T)eferted, and Went over to the Prince ; whereupon King James Fled, and Withdrew into France, and the Revolt became General. Doctor Sacheverell Preached at St. Paul's Church, before the Lord Mayor, and Aldermen of London, on the 5th of Novem- ber, 1700. and AlTerted, That the Grand Security of the Go- vernment, and the very illicit on which it Stands, was found- ed on the Steady Belief of the Subjetfs Obligation to an Abfblute y and {UncOlttHttOtlfU, Obedience to the fupreme Power, and the utter Illegality of 5ScCfttlnCC> upon any Pretence whatfoever 5 And that the Adverfaries to his T)o6lrine of Abfolute and Un- conditional Obedience, whom he Treats with the Afperjlons of New Politicians, defended themfelves, by Urging the Revolu- tion of this Day (meaning the 5th of November, 1688) But the Doctor CONSTITUTION. 129 Doctor AlTerted., That thofe Men 'were the greatejt Enemies to the Revolution, and to the late King William, who endeavoured to cap fuch 26lacft, ant) £>tU0tl5> Colours upon Both \ for he AlTerted, That King William himfelf had, in his declaration,. Jblemnly T)ifclaimed the leaji Imputation of Refinance. The Houfe of Commons Impeached the Doctor for a Hi^li Crime and Mifdemeanor, for that he had, in his Sermon, Sug- gefted and Maintained, That the ^RtCCffatp S^ffMlS t! fid to bring about the Revolution in 1688, were tH0US Colours upon his late Majefly, and on the faid Revolution. The Defence which the Doctor's Counfel made, confifted of Artificial Arguments. I. That Obedience to Governors, was a Chnjlian jDuty\ which the Church, and the haw, Required Mini Iters to Prefs and Inculcate on the People. They Admitted the Legality of the Refinance at the Revo- lution, to be an CtCtptCD Cafe out of the General Doctrine of Non-Rejijlance, and ought therefore, by a favourable Expoll- tion, to be an Imply d Exception, out of the Doctor's General AiTertion, who was to Teach the General $UtlC of Obedience, without pointing out Exceptions, after the Example of the Apo- ftles Peter and Paul, who pointed out none. II. That the fupreme Power, is the Legislative f&0l\)C£ of the King, and of the Two Houfes of Parliament 3 and that there' fore the T)o6ior meant, that fupreme Power, and not any Power in actual Being, at the Revolution. III. That the 'Doctor s Meaning, might be Expounded to be, That the Time of the Revolution, was the T)ay, when the Contention Voted the Abdication and Vacancy of the Throne 3 and that there was no Refiftance, at that Time, nor none was Neceffary, for all was §uiet. K k IV- That 3° The BRITANNIC IV. That the Tiotlor meant, There was no BefiftanCf, tending to Murder, or to Conquejl, nor any Refiftance parallel to the Refiftance in 1641$ and that, if there were any fuch Refiftance, it was Black and Odious. Upon the Whole, That Mens Words, when they are capable of Two Meanings, ought to be Expounded In mitiori Senfu. In Anfwer to thefe Evafions, it was Argued 3 That the Doctor was not Impeached, for Preaching the Gene- ral Doctrine of Non-Rejifiance 3 for, doubtlefs, Obedience to Governors, is a Chriftian Duty 5 but then this Duty ought to be paid, not only to the King, as fupreme Governor, but to Inferior Magistrates. That the more Zealoufly and Frequently Minifters prefs this 1)uty, as a Chriftian Duty, the better they perform their own 3 but if Minifters, will Deviate from the Religious Quality of the Doctrine, and will turn Statefmen, and handle it Cafuiflically, as a Point of Government, and will pretend to fhew, how far it ought to Extend, it then behoves them, to take Care, that they be Right, and not to hurt this Constitution, or to teach fuch Pofitions, as will CttfitlbC their Fellow Subjects. That as to the Extent of the Doctrine, every one of the Doctor's own Council had Admitted, that the Refinance at the Revolution, was an Excepted Cafe out of the General Doctrine of tson-Refijlance 3 therefore, as to the Doctor's Defence, That there was no Refinance at the Revolution, fuppofing the Revo- lution Commenced on the Day when the Abdication or Va- cancy of the Throne was Voted 5 It was Argued, That the Doctor had himfelf, fixed the Commencement of the Revolution, to be on the 5th or November, 1688, when William, Prince of Grange, Landed at the Head of 12000 Armed Forces 5 and therefore, to Expound his Words, to mean the Time of the Vote, was a Dividing between the Caufe and the Ejfetf 3 or be tween the Commencement and the End 5 or between the Root and the Tree 5 for the JftcfiftanCC, with thofe Armed Forces, was the Caufa Efficiens, and the Abdication was the Caufa fine qua non, that finished the Revolution 5 for without that Refifl- ance* CONSTITUTION. ,,, ance, no Man could, with any Senfe, prefume, That the Con- vention could have Met, or Sate, or Debated, or Refolved, &c. to Compleat, by their Vote, that Revolution $ and, therefore, the Rejijiance, and the Revolution, were but one Continued Act. It was Argued, That the Rule of Expofition of Words, wis, That if there be one Senfe, which Appears plainly Criminal, without Straining the Words, that Senfe ought to be taken i unlefs the Adverfe Party can fliew another Senfe, Appearing as plainly, from the Words, to be Innocent, as the Criminal Senfe is plain 3 that, in fuch a Cafe, the Words fhall be Expounded, in mitiori Senfu 3 but when the Senfe is plainly Criminal, it is not fufficient to Comprefs, and Squeeze, or Diminifh the Senfe, to make the Words Innocent 5 for that would be to take the Words in Mitiori Nonfenfu. It was therefore from this Rule, Argued, That the plain Senfe of the Doctor's Words, which was Criminal, is this, That if there were Rejijiance at the Revolution, that Refinance was Black and Odious 5 and that this Aflertion is as plain and Direct, as if he had Afferted, That there was Rejijiance at the Revolu- tion 3 and that That Refinance was Black and Odious. So, if I fay, That //Dr. Sachever ell's Coat be Black, he is an Incendiary 3 This is as Direct, as if I fay the Doctor is an Incendiary 3 for every one kes his Coat is Black. So, if I fay, That if the Doctor had Counfel at his Tryal, he made a very III 'Defence 3 This is as Direct, as if I fay, He made a very III Defence 3 For every one knows, he had Counfel. It was therefore Argued, That the Doctor's Affirming 3 and Calling God, the Searcher of Hearts, to Witnefs, . That he had no Intention, to Afperfe the Memory of his late Majefty, King William, or to Traduce, or Condemn the late Revolution 3 was c ProteJtat'io contra Fatfum, and therefore was the more Daring and Dangerous. As to the Senfe, Endeavoured to be put on the Doctor's Words, That he meant Rejiftance, tending to Murder -, or Re- finance, tending to Conqueft 3 It was Argued, that That was a Re- 1 3 2 The B R IT A N N 1 C a Remote Spnfe, and not Warranted -, for Rejiftance is Rejijl- once ; and the Doctor's Ride is General 5 and he endeavours to Include in it, the Rejiftance at the Revolution, and to prevent its being Underftood, as an Exception 5 and by that General Rule, without any Exception, he Condemns that Rejifiance 5 for if there were any Sort of Refinance, it was (according to him) Illegal, and therefore the Doctor Aiferted, That the Refin- ance, which was the neceflary 09filUS, to bring about the Revo- lution, was 2l5((l(ll iflttO SDtUOUS, and all the Conferences of it Wrongful. The Lords, thereupon, Refolved, and Gave Judgment, That T)o6ior Sacheverell was Guilty of the High Crimes and Mifdemeanors, for which the Commons had Impeached htm. This Judgment is a Refolution of the Supreme 3JutHC8tUtC of the Kingdom, in the very Point in Queftion, viz. That the Lords and Commons have a Right, by the Constitution, to SDiftUtb, and Remove the Mmifters of ^tbtttatp Power. And notwithstanding what Afterwards happened to this Great JsDffCttftCt, and to the Nation ; This Judgment will ftand as an Indelible iJjBcUUMCnf, to prove this particular Part of the Britannic Conftitution. SECT. XL %$ tQ tl)t $Jt00f of that Part of the Conftitution, which Re femes to the Two Eftates, whenever a Vacancy of the Throne, or a Total Cejjion of Government, fhall happen, a I^Ollirr to provide proper Remedies to prevent publick Ineon- veniencies j This Cafe happened on the 1 ith Day of 'December, 1688 5 when King James. II. Actually Abdicated the Government, and Withdrew himfelf out of the Kingdom $ which Cefjion conti- nued the Space of Sixty-three Days, until the 1 3 th Day of February, 1688, when the Two Eftates of Lords and Com- mons, 2Dec!tltCtJ William and Mary, Prince and Princefs of Orange, to be King and Queen of England, &'c. During which Sixty-three Days of the Vacancy, or Ceilion of Govern- CONSTITUTION. Government, there happened many Felonies, and Criminal Of- fences to be Committed 3 and therefore Queftions of Law did .A rife, How Indictments and Profecutions, againft fuch Offen- ders, fhould be framed > and againfl: what Peace or Government, thofe Crimes fhould be Alledged to be Committed, in Regard the Nation was, in fome Sort, l&OtD of Government ? But, to fupply that Defect, the A<5t of Parliament of 1 Will. & Marine, cap. 4. was made 3 whereby it was CttaCtCtS, That fuch Offences ffjould he Alledged, hi all Indittments, to be committed itOima iaatem Ml^lU : Inftead of Contra 'Pacem "Domini Regis Coronam & "Dignitatem fuas. This Authority is fufficient to P£fit)f, That there may be a Vacancy, or Ceffion of Government 5 and that Neceffity, in fuch Cafes, Requires Provifion to be made, againfl Jnconveniencies, and efpecially for Re-injiitntmg the Regal or Monarchical Eftate* SECT. XIL 3i t& tO tljat $M of the Conftitution, which makes Stand- ing Forces in Times of Peace, and efpecially Foreign Forces, inconfiftent with this Form of Government, and hath Ordained, That, Disbanding of Land Forces, when Peace is Settled, fhall be Deemed a Matter of Juflicd due to the Nation 3 I The Evidence of this Article, can arife only from Experience, and from fnftances of Danger, which the Railing of Armies againfl: this Conftitution, have Fumifhed : Thofe Inftances will Appear in the Subfecjuent Chapters, in which are Exhibited the Breaches and Repairs before mentioned 3 But a Short Repertory of them, in this Place, will prove the Affumption. When the Lords and Commons had vindicated the Conftitution, in the Year 1215, and had brought King John, to Afcertain their Liberties, by a Charter in Writing, and by a Contract upon Oath to obferve it 5 this King Repented of the Right, and Juftice he had done 3 and, in order to Reverfe it, he procured an 2ttttip of Foreigners 5 with which he made War upon his own People, the Lords and Commons, and became Superior in the Field 3 and brought the Lords and Commons into fuch ^>tllrcfe, that no Means were left,to Defend the Conftitution, but to Invite the Dau- L 1 phin 33 i 3 4- The BRITANNIC phin of France, to come with an Army to Deliver them : Offering him a Con federation Equivalent to the Adventure 5 ■ The Dauphin came with French Forces, and Railed this People to a Superiority in Arms : But that Remedy brought with it, as much Danger, as it came to Remove. A fmall Standing 3Ctllip of Difciplin'd Troops, under the Command of Sir Andrew Harclay, kept at Carlijle to fecure the Borders againft the Scots, was brought by the ^ZVOO *s>pCncCtt> 5 in the Reign of King Edward II. to Burroughs Brigg, where they Encountred and J&QUtCt) thofe Barons, who AlTerted the Conftitution 3 and Enabled the 3ltUittiitp Spen- cers, to Glut themfelves, with the CfltttflgC of the Patriot Barons. Till ^tmp Raifed by King Richard II. in Chejhire and North-Wales, and kept Standing, Enabled this King, and his Favourites, to QVOZ the Parliament, and to procure from them, an Act, whereby they Delegated over to him, the Legillative Authority, and made him, in Effect, Abfolute. %fyt $f JAP Raifed by the Parliament in 1 642, having con- tinued about Five Years in War and Bloodfhed, became Senfi- ble of their OUJlt ^0\\)Ct, and AlTumed to be Governors, and, with the Greateil Eale, Turned their Mafters out of Doors, made their Captain a Prince, and fupported him in the Exercife of a Power that was eminently $t6ltt&tp. And, Laftly, the 3ttntp which King James the Second, continued Standing, and Encamped on Hounjlow-Heath, bound down the People, with Tormenting Fears of Slavery, and con- veyed into the Minds of the King, and the Popifh Priefts, the moft 3&bitftltJ> and Daring Enterprizes. Thefe Five Examples, of Standing Forces, may (it's prefu- med) Induce a Belief, that this Article, is not only true, but was neceflary, to be provided, and fixed in the Constitution. SECT. XIII. 2Mb tO tfyat $att of the Conftitution, which Inftitutes the Forms of Original Writs, to be the Foundation of all Demands and Suits for Juftice, and efpecially Writs of Summons to call Par- CONSTITUTION. \<&_ Parliaments, and to Direct the People, to make Elections of ■Reprefentatives^ to ferve them in Parliament 3 The Evidence of this Part of the Conftitution, in Regard to common Original Writs, is found in the Law Book, called, The Regifter of Original Writs : In which, thofe Writs were at Firft Written and Recorded, and afterwards Printed, when the Art of Printing was Invented and Practifed. This Book is the oldeft Memorial, of thofe Matters, that is now Extant, and was, doubtlefs, Printed from the moft Antient Manufcript 3 for there is not, nor ever was, in this Kingdom, any Authentick Memorial, or Record, that fhewed any Proceed- ings, or Means to Proceed, in determining Rights, or in De- mands, or Suits fat Juftice, Prior to thofe Original Writs 3 which makes the Deduction Clear and Strong, that before the Inftitu- tion of thofe Original Writs, there was not any Form of Govern- ment, or Adminiftration o£ Juftice, in Britain. The Argument may be thus Framed, ^wrctUntp and Want of Juftice, or Protection from Wrongs, was the Firft Caufe, that moved Britons to Aflemble and Confult, how to Form this Conftitution and Government, and to Erect a Power, to protect themfelves, by having a Diftribution of Juftice ■ That there muft be Laws firft Made, before it can be Known what is Juft or Unjuft, Right or Wrong That when the Power to Adminifter Juftice, was Formed, the next Formation muft neceflarily be of the Means, how to Commence and Be- gin the Proceeding, in order to obtain Juftice. Thofe Means Appear to be, by the Original Writs, or Written Letters, before mentioned 3 one of which Writs is found, to be an Original Writ, for the Members of the Houfe of Commons, to Recover their Wages : And No-body doubts, but thefe Original Writs, in General, are the Foundations on which the whole Law de- pends. Therefore, if the jfltft $D0tiCtt of the Government, after its Birth, and of the Laws, was to Adminifter Juftice 3 and if the Firft Step, to begin that Proceeding, in order to obtain Ju- ftice, was to fue out an Original Writ, or Written Letter 5 then thefe Original Writs to obtain Juftice, were Coeval, and Coor- dinate, with the Inftitution of the Government, and did Com- mence in the Reign of the Firft King 3 And if fo, then the Infti- tution i ,6 The B R I TANNIC tution of the XtytD CCtat?, or Houfe of Commons, was Co- eval with the Inftitution of the other Eftates, and is Part of the primary Origination of the Government, becaufe the Origi- nal Writ for the Members of the Houfe of Commons to recover their Wages, and running in the King's Name (/. e. the firft King's Name ) is as Antknt, as any of the other Original Writs : This Evidence therefore, of the Constitution, feems to be Concluiive. The Evidence, as to the Original Form of the Writs of ^'UHUltOnS to call Parliaments, Appears from all the Parlia- ment Rolls, and Records, which prove not only the Original inftitution of 'Parliaments, but the Bufinefs they were to do, when Ailembled together. SECT. XIV. A S to the IfcpatitttOlt of Elections, in different Parts of the Nation, and the Exclufion of the Regal Influence, from fiich Elections • and the Payment of Wages by the Electors, to their Elected Reprefentatives 5 The Evidence of this Part of the Conftitution, Appears from Four In fiances 5 viz. I. From the Provifion made, as before is mentioned, of an Original Writ, for the Reprefentatives in Parliament, as a Foun- dation to Enable them, to Demand and Recover their dKHtlgCS?> becaufe this Original Writ, or Remedy, is as Old as the Govern- ment : The Writ itfelf. for a Knight f a Shire, to Recover his Wages of 4 s. per T)iem, to be Levied upon the County, proves alfo, the other Writ for the Wages of the Citizens and BurgeiTes 5 for the Writ which Commands the Sheriff to Levy the 4 s. per c Dk i m y for the Knight of a Shire, upon all the Lands of the County, hath this Exception in it 3 Cimtatibus & Burgh de qiiibus Cives & Burgenfes ad Parliamentum nojlmm apud W. die, &c. c vener'du??taxat Exceptis; i.e. Except the Cities and Boroughs, from whence Members come to the Parliament. The Inftances of thefe Original Writs to Recover the Wages, are Numerous, and the Antiquity of them is well proved, by Mr. Tyrrel, in his Appendix to the Hiftory of King Richard it Pages <5o, 6 x, 62, and 212. . '. II. From CONSTITUTION. V II. From the Inftances of forae of the letter Towns, fuch as Banbury, Bewdley, and Abington, which, by Reafon of their Inability to pay Wages to Two, had the Election but of one Reprefentative, Allotted to each of thofe Towns. III. From the Cafes of the Counties, and Cities of Chefter, and 'Durham, who were omitted, and left out of the Original Repartition of Elections, and for that Reafon, fuffered great Damages and Inconveniencies, for Want of Reprefentatives ; and yet the Crown could not Alter the Legiflature, by Intro- ducing more Members into the Houfe of Commons, or by Granting to thofe Counties and Cities, the fuperlative Privilege of Electing, and Sending Members to Parliament. And there- fore, at laft, the County of Chejler Petitioned the Parliament, to Grant them the fame Privilege, of Sending Reprefentatives to Parliament, as was Enjoyed by their Fellow Subjects. And thereupon an Act of Parliament PafiTed in the 3 4th and 35th Years of King Henry VIII's Reign, Cap. 13. Whereby it was Enacted, That the County of Chefter floould Eleff, and Send Two Knights, and the City of Chefter, Two Citizens, to Reprefent them in Parliament. And the like Act of Parliament PaiTed in the 25th Year of King Char ks II's Reign, Cap. 0. To Grant the like Grand Privilege to the County, and to the City, of jDurham : And, moreover, Wales, by the fame Means, ob- tained the fame Privilege, becaufe Reprefentatives could not, by any other Way., be Introduced into Parliament. Thefe Inftances, according to the Rule of Exceptio probai Rcgulam, fubftantially prove Two Things : I. That Inafmuch as the Crown cannot, at this Day, Grant to any City or Borough, the Privilege of Electing and Sending Members, to have a Suffrage in the Legiflature, It is from thence clear, that the Original Privilege of thofe Cities and Boroughs, that do Elect and Send Members to Parliament, did not Com' mence by Grants from the Crown. II. That the Original Form of the Legiflature, and Inqui- fitive Power, Veiled in the Third, or Democratical Eftate, or Houfe of Commons, is Unalterable, and ^mpafObiC 5 and ic is Apprehended, That the Institution of the Second, or Arifto- M m cratical r3 8 The BRITANNIC cratical Eftate, or Houfe of Lords, is, or ought to be, at leaft Sittihg the Parliament, in like Manner, ImpaJJible ; for if an; Power can, by any Means, Bend, and make Flexible, the Power and ElTential Privileges of that Houfe, the Conferences are too Nice to be Delcribed. IV- The Payment of SEOflgCS, by the Electors to their Repre- fentatives, proves the Intire jftCCDOUl of the Third Eftate, or Houfe of Commons 3 and the Total Exclufion of all Influence, of the intended King, from their Elections, becaufe Wages, infer not only a Service, but a Right and Power in the Electors, or Conftituents, to give Inftruffions 3 and alio a Duty in the Re- prefentatives, to Receive and Obfcrve them, becaufe they do, or may, Receive Wages 5 which Perfectly, and Intirely, Ex- cludes all other Influences. This Payment of Wages, in like Manner, infers an Obliga- tion on the intended King, to Refide with his Parliament, and to difpatch, with Expedition, the National Bufinefs, becaufe Abfence, or Delay, would Load the Country with a Burden of Wages, which they would call Unneceffary 5 but altho' Wages and Service are Correlative, one Implying the other, yet the <§>CttHCC is Veiled with a Share in the whole Legillative Power, and Attracts fo many Privileges, relative to Power in Britain, that no other Service in the World, is Sollicited, or Contended for, with fo much Zeal and Expences. OBJECTION. BUT Critical Gentlemen have Objected, That the T)emo- cratical, or Third Eftate, Confifting of the Commons, have been called in Records, by different Names 5 As in King John's Charter, they are called, Tenentes in Capite (/'. e. Tenants in Chief) 3 in other Records, Barones Minores, and Nobiles Mi- nores, i. e. The Lejfer Barons. In King Henry Ill's Charter, or 'Printed Magna Charta, which was made but 1 o Tears after that of his Father King John'5, they are called, Milites & Liberi Tenentes {i.e. Knights and Freeholders) and therefore fome 9 eople have Eretled great Triumphs upon that Variance in their Appellation, as if no fuch Third Eftate was Inftituted in the , Origination of this Government, becaufe their Names were Va~ ried. ANSWER, CONSTITUTION. 139 ANSWER. BUT chat Objection may Receive this plain and eafy Anfwer, That the fubfiantial Matter ; or that Third Eftate, cqnjljimg of the Commons, is, and always 'was the fame, by whatfoever Names or Titles they were dignified or diflin- guifhed. * SECT. XV. 31 ts> tO t\)t iDjIglttcl! Conflitutions, touching the intended King's Legal Powers and Prerogatives Annexed to this Crown, above Specified, and his Entring, on his Part, into the tDllgU ml Contract 5 Cuflom, and conftant Ufage, have fo Eflablifhed them, that, its prefumed, it is needlefs to urge any Evidence to prove them, becauie no one will go about to Deny them. It is therefore concluded, That the (SbttJCnCC, proving the Original Conflitution, and all the feveral Parts of it, by fuch Antient Cujlom, and Conftant Ufage, appearing from all the Records or Parliament, and other Memorials, is ftrong and convincing ; and that it mufl be neceffarily prefumed, That inafmuch as Conftant Ufage, hath been, for fo many hundred Years, conformable to the Form of Government before prefcri- bed, without any Contrary Ufage 5 that therefore the Original Conflitution, was, at firfiV, JfO^lllCD and Inflituted in fuch Man- ner as is above AlTerted. From hence, the Deduction is Undeniable, That all the Ori- ginal Conflitutions, tending to fecure the People's Liberties and Properties, were CCFcUtlal, and as evident, as thofe by which this Monarchy, and the Regal Powers, Rights and Prerogatives of the Crown were inftituted. In this Place it may be remarked, That if there had been any Records or Memorials, *Dl£pJOtUtt0 ^is Conflitution, or Form of Government, of equal Authority with thofe that prove it $ there's no Doubt, but the Enemies of this happy Govern- ment, would have taken as much Care to preferve them, as they did to deftroy thofe that proved it. SECT. 1 4 o 'The BRITANNIC SECT. XVI. I T may be Added, as an Additional Argument, That the lame Rule of Evidence, (viz.) Antient Cujtom, and Conftant Ufage, as is here contended for, is Allowed, in all other Cafes, on the Behalf of the Subject, againft the Crown 5 As for Inftance, If the King fhould bring a <0ttmtttp Husband's t0 Aflert and Declare, That the 3tlUtCllt Conjlitution of the coiieaions, Government of this Kingdom, was equally happy, well poifed, and never enough to be commended. And his Majefty was pleafed to Ilkjirate this Pofition, by defcnbing the Three Kinds of Government, 2tbCblUtt HpO= narci)p> 3tnftQcracp> and Democracy 5 and the particular Conveniencies and Inconveniencies of each of them 3 and Aliened, That the QRQftCftom of our Ancefiors (meaning the Firft, and Original Britifjj People, whom his Majefty, as well as the Two Houfes of Lords and Commons, reprefented) had Formed this Government, out of a Mixture of thefe Three Sorts of Government , with the Conveniencies of all the Three, and without the Inconveniencies of any one, fo long as the Bal- lance f/jould hang even between the Three : His Majefty pro- ceeded, and fhewed the ill Qualities of each Eftate, viz. That the Cl)il of Abfohite Monarchy, was Tyranny 3 the CM of Ariftocracy, was Faction and Divifwn 3 and that the ClJii£ of Democracy, were Tumults, Violence, aud Licentioufnefs. That the good W& ^^ e Ufe of Publick Neceffity, for the Gain of his Private Favourites or Followers, the Houfe of Commons was folely Intruded, with the Firft Proportions, concerning the Railing or Levying of Monies (the Sinews of Peace and War) and the Impeaching of fuch Malefactors, asfjjould be found Violating and Undermining thofe Laws, which the King was Bound to Protect, and for the Protection of which, they ( meaning the Lords and Commons ) were Bound to Advife him. That the Lords were %XX\it£§, with the lafl Refbrt of the Judicial Power, and were, for that Reafbn, an excellent Skreen, or Bank, between the Prince and People, to Afjtfi each, againfl the Incroachments of the other, and by juji judgments, accord' ing to the Laws, to preferve that Law, which ought to be the Ride of every one of the Three Ejlates. And his Majefty, in his Anfwer to the Parliament's Declara- Clarendon, tion of the 10th of May, 1642, was pleafed to AfTert, That he- himfelf, as King, was, and therefore the Firft King was, an Cffmtiat $att of the Parliament 5 And in his Meflage from Tork, of the 17th otjune, 1642, the King was pleafed to fay, That it ought to be deemed a Merit in him, to Rejefi fuch Coun- fel, as would perfuade him, to make himfelf UCUC of the Three Ejlates. And, moreover, Repeated the fame Thing in his longeft Declaration, of the 12th of Augufi, 1642. Adding, That Parliaments are an ClTCWtial Part of tte Cpnflitution, and 14-4- The B R IT A N N I C and that his Majejly (including the Firit King) and his Two Hoitfes, made up the Parliament 5 and that this whole Frame and Conftitution, was admirably Founded by our Ariceftors; Which proves, That the Two Eftates, or Houfes of Parliament, arc Coeval and Coordinate with this £li)OUflXcl)y, becaufe, whatever Part, is of the Ejfence of the Integral, The fame is Equal to any other Ejfential Part of that Integral. His Majefty's Declara- tions, That the Wifdom of our Anceftors had Formed this Go- vernment, to confift of the faid Three Eftates, are a Conclufive Evidence, that that Formation, was the Original and Firft Infti- tution of this Government 5 or elfe it is Incumbent on Gain- fayers to fhew, and prove fome other Time, when this Govern- ment was at Firft Formed and Commenced, and How, and by, Whom. Thefe Evidences, out of the Mouth of a King himfelf, and fuch a Kin?, when he was entering into a War with the Parlia- ment, being fo Clear and Diftincl:, and fo often, at Diftant and Sundry Times, Repeated, is the ftrongeft Evidence and Proof, that was ever given, or can be given, of this Conftitution 5 for they carry in them a Confufion, not only of all Contradictions, but of all Evafions, and merit Golden Letters, to make their Monument. This GctlitJCttCC) therefore, proves this Conftitution, to be of Human Extraction 5 for the Ro, al Witnefs Aflerts, That it was by the Wifdom of his own Anceftors, as well as of the Anceftors of the Lords and Commons (i. e. The Briufjj People) Moulded and Framed; and, confequently, that fuch Moulding and Fram- ing of the Structure, and efpecially of the Main and Strongeffc Pillars of that Structure, was, at the Firft, and, at one and the fame Time, Compleated. d5tUnftiyCt£> therefore, mull be Profane, who Aflert, That the Monarchical Part of thele Three Eftates, was of T)hine In- ftitution, when the other Two, are fo plainly Human; for it was never pretended, That the Two Eftates of Lords and Com- mons, who, with the King, Compofe the Effence of the Parlia- ment, and of which, the King is an EiTential Part, are Jure T)ivino, or of T)ivine Injlitution. Here the Royal Confeflbr, or Witnefs, Affirms, That the $0ttW$ placed in the King (meaning the Firft King) as well as in C N S7^ IT U T I N. 45 in the other Two Fftates, are a 3Erilft, and the King a Truftee - That he, as King, is £>|1C of the Three Elates ■$ That the King had but a Joint Part of the Legiflature • That ahho^rh he has the Power of making War and Peace, yet fitch a War of 'Peace, would be Defective, v.nlefs the Commons added Smews (i. e. Money) for the Strength and Support of it. The Royal W.tneis Alledged, That the Houfe of Commons had the Sole Trust, or Power, with the Confent of the Lords, of Lmpofm* Taxes, both in Peace and War, for the public}. Service-, and the file 'Power of Impeaching fitch Offenders, as fiould "endea- vour to Violate that Trull or Power, or any other puMick Law, The Confluence whereof is, That when the Parliament is Nte- lected, and not Called, or when Called, is Abruptlv Broken and Baffled, and the National Bufmefs Interrupted, 'either by Prorogations, or Diflolutions, and the Government Aaminiitred or Taxes Impofed, or Money Levied, without a Grant thereof in Parliament 5 Then, in thofe Cafes, the People's Rights are Incroached on, Invaded, and Violated, by that Third Eftate, which is Intrufted with the Protection of the Rights of the other Two, To thefe folemn Declarations of King Charles I. may be added, the folemn Declarations of King Charles II. in his Legis- lative Capacity ; for, by the Statute of i $ Car. II. cap. i . *. 2 , £ To which this King gave the Royal AlTent, it is Declared, That Both, or Either, Honfes of 'parliament, have not, nor hath, a Legislative Power, without the King j Which neceflarily Implies, Nor the King, even not the Firft King, without the Two Houfe s. SECT. XVIII. AFTER thefe Evidences, the Testimon y of the Univer- sity of Oxford, is deemed to be of no fmall Weight or Authority 5 for they Printed and Published the L&d Clar endon s Hiftory' with a large Preface, of their ownCompofmg and Authenticating • In which, Pages 4 , 5,6, 7 . They bear Witnefs, That the f e this Conftitution was at Full, Framed and Commenced. The Preface Proceeds and Aflerts, That the Obedience of Britifti 'People, to their King, is to be Meafured by that Regard, which is due to, and conjjjient with, the Conftitution or Laws of the Land 5 which neceifarily implies a Limitation, and, con- sequently, in fome Cafes, a Ceflion 5 and, therefore, that $M' tlQll Condemns the Doctrines of $Dalfit)C SSDMlCUCC) without Referve, and unlimited 0ti\\ ^RfftftiWCt t And accordingly, that Preface Aflerts, That although the Univerfity would not be thought, to jiifiify the Rifing up in Arms of Subjects, to do them- fehes Right, in Controverfies between them, and the King, yet they th'wk, That from the Truth of that Nobleman's Hiflory, all Princes may See, and Judge, that they can never acquire to themfehes, any Advantage from being in an Interefi COtlttttt£ to That of their People, nor from giving their Subjects unrea- fonable Provocations-, for, fays the Preface, when the Laws of the Land are Broken, and the Subjects juft Rights and Pri- vileges Invaded, and Opprejfed, the People, when all other 5jlj)GilUSi faifi nre not t0 ^ e Restrained, from Attempting by 5F0JCC, to do themfehes Juflice : And it is, in that Preface, further Af- ferted, That whofoever may have a Thought, of Riding Great Britain, may be convinced, in his own Judgment, that his Go- vernment will be HDiftUf IftD and Unquiet, unlefs all reafonabk Men be fatisfied, that he hath a fixed Principle and Refblution, inviolably to preferve this Conftitution : And moreover, that when a King of Britain, by III Judgment, or III Fortune, of his own, or thofe Intrufted by him, happens to Fall, or be En- gaged, in an Interefi Contrary to that of his People, and will {DlltfUC tl)ftt 4)&lftaftr, that Prince mufi have Terrible c l)ipirbances, and Conflicts, in the Courfe of his Reign, which Way foever the Controverfy ends. Xijtfc true BritifJj Affertions, of that Learned and Venerable Body, are extenfive enough, and, it is hoped, ftrong enough, to prove this Conftitution, in all the Parts of it, to be fttfj), as in this Undertaking is Aflerted : And it is prefumed, That the Knowledge and Sincerity, of thofe Sagacious Propagators of Truth,, are Unquestionable 5 for, although the Publication of thefe Truths, CONSTITUTION. 147 Truths, is modern ; yet they Agree with the Tenor of all An- tiquity 5 and with thofe Original and Antient Truths, which are Recorded in the Oldeft Statute, or Magna Charta, now Extant, and herein Printed Verbatim. It is therefore prefumed, That the Genuine Sons of This, or any other Univeriity, will not, after thefe XeftlUlOttlCS, Write or Argue, That although Britons mould be opprefled, and ille- gally deprived, of their Liberties, Properties and Lives, and, per- haps, under the Colour and Pretext of Law too $ and although thofe JUgai S$£(UIS> 3 which this Form of Government, hath instituted, are fufficiently powerful., to Refcue and Defend, their Hereditary Rights and Privileges, from under fuch ^t5)!t#ltp Proceedings 5 yet that there is an ^DtCUlt iL&VU, which Re- trains them, from the Ufe of thofe UpeauS, if fuch Writers fhould Appear, yet thofe very Men would expofe Arguments, urged to a fick Man, or to a hungry Man, who hath Medi- cines or Provilions before him, that would effectually Remove his Pains, or fatisfy his Hunger $ but that there is an J&DcCttlt %,&V0, which obliges him, rather to Apply to Providence, with Prayers and Tears, for Relief, than to ufe thofe Medicines, or to eat thofe Provifions 5 I fay, fuch Writers, would expofe fuch Arguments, as cumlcribe, or confine the |^0l\3Ct, of that one Primary (ingle Eftate. There's no doubt, But that if any fuch tO t\)C CbltCllCC and Proofs of the Original Contract, entred into by King and People, touching the Government of this Nation $ P p Natural l5 o The BRITANNIC Natural Reafbn convinceth every Man, Thar the proper Sig- nification of a Contract is, to make an Agreement, contain- in not only the whole and Jingle Legiflature, and the abfohte 'Power in himfelf, Prior to all other Ordinances ; but aljb the Original Property and OwnerfJoip, in, and onjer all Mens hands and Goods, and particularly over Noblemens Lands and Goods 5 becaufe no Man can Grant, or Transfer to another, a Greater Right, or any Right, but what he hath himfelf. II. That if the Houfe of Commons's Share, in the Legislature, and their Sole Power and ^JltnlCgt, of Giving or Denying Mo- ney for the publick Service, be 'Derived by and under Grants or Conceflions from former Kings, Then an untoward Quality is in- cident to all Grants of Power and Privileges, vizi a X&flt COUDt- tlOU, or Truft is Implied, That if the Grantee breaks the Con' dit'ton, or Afis contradictory to, or inconjiflent with, that Truft, i. e. That if the Houfe of Commons i&fcftlfC to give Money for the Publick Service, acting therein contrary to the End, for which that Power, or Privilege, was Given to and Intrujled with them, by the Original Donor, %\)m tf# COUtHttOn or Truft being broken, the Power will Naturally Revert and Devolve back, to the Original Grantor (the King) 5 and that he may, in fuch Cafe, Refume and Exercife that Power, which his Grantee refufes to execute, viz. To Levy, on his People, what Taxes, and Impofe on them, what Laws, he pleafes. ■ If fuch a Notion were Granted (as it is not, but is utterly Denied) thefe Learned Enemies would proceed and argue, That there is, or Originally was, necejfarily annexed to the Crown, a ja^OtJCtCtgUtp, that is Inherent and Infeparable 5 (to wit) a Power to Review the Rights and Privileges Jo Con- ceded $ And chat if it fhall be found, That thofe former Kings were Impofed on, or the Royal Dignity Hurt, or by thofe Con- cefjions Impaired, That then thofe Rights and Privileges may be 3RCCtUlCt>, and made Void 3 and the King may, in that Cafe, Refume his Original, Abfolute, and Supreme Legillative Power, to Govern and Impofe Laws without them : For, in that Cafe., What could Limit or Bound him ? Thefe are the plain Conferences of thofe Writers Learned Arguments 5 than which, nothing can be more XraifOtQttS, or Destructive, to the Original Rights, and Hereditary Powers and Privileges of the Two Eftates or Lords and Commons 5 but as to the Truth of their Notions^ they can fhew- no other Evi- dence CONSTITUTION. 1 57 dences or Foundations for them, than their own Imaginations • For the Fundamental Rights, Powers, and Privileges of the Two Eltates of Lords and Commons, as they have been, in all Times Challenged and Enjoyed, might, in the Original, be Statutable, and commence by Contract or Stipulation \ but were, by no Means (JDJftntaOlC, tne ^me being Incmijljtent with the Nature of Grants 5 for many other Powers and Pre* rogatives, which, by this Conftitution, are Annexed to the Regal Dignity, are not Grantable or Alienable 5 As for Inftance The King cannot make another King, of any .Fart of Britain, or Grant to another, the Allegiance of any Fart of his Subjects 3 becaufe Subjects cannot be Bound, in any Contract with a Stranger 5 that is^ That the King cannot Grant to another ; any Tart of his Kingly Office or Royalty. And as to other Royal Powers, which the King, as Supreme Governor, is to Exercife, he cannot Grant to John at Styles, That he, the Grantee, Qoall, in his own Name, call, or hold Parliaments, or pardon Offences or Offenders, or hold Courts of Juflice, in his own Name, or, in his own Name, make Judges $ &c. or, in his own Name, make War or 'Peace, or Treaties or Alliances with Foreign Potentates ; for theie, and fuch-like Powers are Infeparable and Incommunicable ; and, if that be fo, the next Queftion is, Who Reftricled, and made thofe Powers, to be Infeparable and Incommunicable ? It is therefore Unnatural to fuppofe, That any King, that had in himfelf the Solf. Legislative Power, to make and alter Laws (which is that Power only that is Supreme and Sovereign) fioitld or could Grant two Third Parts, of that Legiflative Power to his Subjects , which is no other than to make them his f^atttlCtS in the Sovereign, Supreme, or Le- giflative Authority 5 nor can it be prefumed, That any King, that had in himfelf a Power over all Mens Properties to take what Part of tt in Money, or otherwife he pleafed, to fupport his Government, when the Occafeons of State required, [JjouJd, or could Grant away that Power to his Commons, and make them 9}UDgfS of thofe Occajions, i. e. To Examine and Judge, whether thofe Occafums of State were, or were not, neceffary or convenient to be fupplied or fupportcd. R r And, 5« Ul)- lKTtttlg the Partition Wall, by communicating to the People of each Nation, an Equality in the Rights and Freedom of Trade 3 and an ecjual Participation in all the publick Rights, Security, and Civil Government of each Kingdom : jj^finc of which could be new Formed, of Derived, by, or under Grants from the Crowns of either Kingdom, to the People of the other : The Crown of England, could not grant to the People of Scotland, the like Hereditary Privileges in England, as Engli/bm'en en- joyed 3 neither could the Crown of Scotland, i'ice e verfa, grant to 160 "The BRITANNIC to the People of England, the like Hereditary Privileges in Scot-' land, as Scotfmen enjoyed. Whereas, if the Original Power had refided in the Crown, nothing could have refhained the Exercife of fuch 'Tower, be- caufe no Man can fay, That when the Crown hath legally granted any one Specijick Thing, it could grant juji jo much, and no more j or, That all its Tower was, by Jo doing, hx- ■ haufled; or, That the Crown had not Tower left to make aw ther Grant of the like Nature. The iJ|BatCritttS> which were to compofe the U n i o n, being not Grantable, might, however, be Statutable, and might Com- mence by mutual COUttflCt and Agreement. The Subject blat- ter of the Union, came, therefore, neceflarily under the Debates of the Commiflioners, whom the contracting Nations Deputed and Impowered 5 and thofe Commiflioners, reprefenting the Ge- neral Jjfemblies of the People of each Nation, entered into an js£)£igitUll Contract, by which they Moulded thofe Materials, as the Totter doth his Clay, into a New Jf02tll of Government or Conftitution $ (to wit) That England and Scotland fhould be for Ever United, and Incorporated into one Kingdom, by the Name of <3;fl\t 2i5jttam : That the Succession to the Mo- narchy, Jloou Id be only in the Trot ejl ant Line of the Royal Family, excluding all Tapijls : That the United Kingdom jjjou Id be for Ever Reprefented, by one and the fame Parliament, to be St i led the Parliament of Great Britain: That all the Sub- jects fhculd for ever have, full Freedom of Trade and Naviga- tion, and a' Communication of all other publick Rights, Privi- leges, and Advantages : And, That a itlUlttCft Number of the Teers, and Commons of Scotland, (Jjould Sit and Vote with thofe of England, in the New Parliament. ^BuU), if this New Conftitution or Government, could not, in that Modern Cafe, be formed by any other Means, than by a mutual COUtt&Ct, the Proof is Strong, from the Parity of Rea- fon, That the ^Djiginftl Conftitution, of the Three Ejlates of King, Lords, and Commons, could not be at fun 1 , Formed or Faihioned, otherwife than by Contract, after the Manner before Averted, becaufe the Modern Cafe bears a near Refemblance to the Zntmxu 26ttt CONSTITUTION. 161 26ttt the late Union furnifhes an Objection againft the Pro~ priety of the Title, given to this Undertaking of the Britannic Conjlitittion, becaufe England and Scotland appear to be dijlm£i Nations, having diftind: Governments. The Anfwer is, That the late Union, feems to be a HcmilOtT, in Regard the Ancient Name of the Ifland, was Britain, and the 1)ifi'.nion was Accidental 5 for ^JBCMOZltUS are extant, which prove. That when the Romans fubdued South Britain, they could not fubdue thofe Britons who Inhabited and Defended the Northern Parts 5 but rather chofe to fecure their Conquefts in the South, by excluding the Northern People, with Jtrong Walls, made acrols the Ifland. In this Place the £>itufttt0tt and Climate of Scotland, and the Conveniences and Inconveniencies, that attended that Situa- tion, delerve lpecial Notice and Obfervation. As to the Conveniencies of the North Part of the Ifland, it muft be admitted, That although it is Inferior in Fertility to the Southern, yet thofe Northern Parts have produced a JfttlCC Of £©Ctt, to whom Nature has given Minds and Ca- pacities, naturally propenfive to Learning and Knowledge, and Bodies of Strength, Beauty, and Courage, Equal to any Nation under the Sun. As to the Inconveniencies of the Situation of North Britain, their Borders on England, fubjected that People, to Invafions and Conqueft, from that Larger, Richer, and more Popu- lous Country, which obliged the Scots, in their own De- fence, to become 'Dependent on Foreigners, and particularly on the Crown of France, for Affiftance, to prevent their being opprejfed, by the Numbers and Powers, of the South Britons. It is here Remarkable, That the North Britons, providently Imitated the Reubenites, Gadites, and Half Tribe of Ma- naffah $ for as thofe Tribes, before they retired over Jordan, built a large Altar of Stone, to be a Witnefs, That the River S f Jordan I 6'2 The BRITANNIC 'Jordan was not to be a Border to Exclude, or Shut them out, from having a Part in the Worihip of the true God 3 io the North Britons provided, by the (EitUQU CCUtr&ft, that the Crown , Sceptre, and Sword of State, of their Nation, fhould for Ever Remain with them, as a Witnefs, That they had had a Sovereignty, 01 Government, Independent of Eng- land 5 and that they, in Exchange for their own Indepen- dency, and Privileges of North Britons, had acquired an Equa- Tity, in the Liberties, Privileges, Trade, and Security of South Britons. BREACHES CONSTITUTION. 16% BREACHES OF THE CONSTITUTION. CHAP. Ill SECT. I. tJLs /0 Jfo 25?cad>S gf this Fundamental Form of Government or Conftitution, and of the Original Contract to Obferve it, and the Conferences of them ; and the Means, by which thofe Breaches were Repaired : It may be premifed ; : HAT if the Principles of Virtue and Vigour, Inherent in the Original Conftitution of this Government, may be Judged of, by its Dura- tion and Repeated Refurreclions, from under the moil: powerful Oppreffions, or from the Confufions it hath brought upon the Violators of it : Then this Conjlitution may juftly be Intituled to that Glorious Motto of Scotland, Nemo me Impune LaceJJit. II. That 1 6+ The BRITANNIC II. That the numerous Rectifications of thefe 2l5jCflCtK£>> according to the Rules here Inflituted, are the befl Looking- Glafs, to Demonflrate the Original, and Fundamental Form of this Government 5 becaufe a Law or Conftitution, cannot be io well known by any Thing, as by Precedents and conflant Ufage, and by XfcftyttlflttOnS of the Abufes and Violations of it. %l)tlt 2i5£Ctt)0?D 3 but that the Land Revenues, which Maintained Martial Men, having, of late Times, been Converted to Maintain Holy Men, the Warriors had therefore, laid their Swords on the Altars of Orifons, and became Votaries : Whofe 'Prayers, for your Succefs, King ! have Pierced Deeper than Swords. And the Abbot, full of Subtilty, keeping the Interell: of the ^BcuaftCritS in View, and not caring what became of the People or Nation, fo as the Monks and Fryers were Rich, and in Safety, proceeded and faid, King ! your Highnefs is therefore Obliged to Maintain their Peace, who have been the Cauje of your fo eafy Conquejl I The CONSTITUTION. i6 7 The 5f UltfCtp of the Insinuation, might have paffed with other Kings, but this Decerning and Penetrating Prince, in- ftantly Reply'd, Is the Clergy then fo Rich mid Strong? And the Nation fo Weak and Bereft of its Men at Arms ? Mujt the Laity lie Expofed, to the Invajions of Foreigners, only to keep the c PrieJls in Safety ? Surely, out of your own Mouth will I Judge you, and, for Redrefs, willjirji begin with thee. . The King, thereupon, took from that Abby, all the Lands that lay between London and Bamet. The Difappointed Abbot haftened to St. Albans, called a Chapter, and declared the Monajleries to be in Danger, and then Fled into the Me of Ely. This King's Heroick Refolution was Refpited, and did not take Place, 'till the Iniquities of thefe Eccleliaftick Bodies be- came full, at the End of 470 Years, when it was, by his Glo- rious and Intrepid Succeflbr, King Henry VIII. Legally, and Effectually, Executed and Accomplished. S E C T. IV. I T mult be owned, That William, called, the Conqueror, by his Invafion with an Army of Normans, and by his Total Overthrow of the National Army, %)aJ7/d in Pieces the jDllQl* ttai COllffttUttOil, and did, for fome Time, by his Armed Forces, Govern with a Power, that was Unlimitted and Arbi- trary. But his Right to the Government, being founded upon CittCft, that is, Subfifting merely, by the fuperior Force of the Governor, Overpowering and Oppreffing the Governed, the People, in fome Procefs of Time, by little and little, Recovered their Broken Spirits, and Regained fome Degrees of their An- tient Strength : From which little Cl0U&> though no bigger than a Man's Hand, the Conqueror rightly Judged, That Concjueft gained no Right ; and that his Government founded on it, could lajl no longer, than his Standing Forces could ftp- port it 3 and that the 'People, Jo foon as they could Recover fufficient Strength, ftOUU) COtiqUCt tljCIV COliqUCtO? ; For it is i68 The BRITANNIC is a Maxim in Nature, That what is Introduced by Force, by For^ may be Removed: The Prince of Truth having faid, That when a Strong Man- Armed, keepeth his Palace, his Goods are in peto&te But, when a Stronger than he Jhall come upon him, and Overcome him, he will take all bis Armour wherein he fyu-hd, and Divide his Spoils. . The Conqueror, therefore, to Better, or rather to ^CQUltP a Sanderfon, Conilkution-Right, by an Agreement with the People, Waved [life's Hift. and Declaimed, all Right or Title by Conquejl, and, without of the Law, p retenc |ing to Alter or Change, as in Fad: he did not Alter or Coke's i J >ef- change, the Fundamental, or Eflential Form of this Conftitution to : Report. O > ' . 1 _ v , or Government 3 He entered into the iDjUCjmtU COUtl'&Ct with the People, viz. To Govern, conformably to the Antient Con- ftitution, according to which, the Government had been Origi- nally, and Antiently, Formed, and had all along, and fo lately as in the Reign of King Edward, called, the Confejjbr, been Adminiitred. But more efpecially, and particularly, this New King did, in the 4th Year of his Reign, Anno Dom. 1071, oive the Royal Aflent, to an Act of Parliament, whereby he Agreed to, and Contracted' with, the People, That that Funda- mental and Eflential Part, of this Conftitution and Government, or rather, That Hereditary Privilege of every Subject of this Nation, whereby it Was Provided, That no Tax, or Tallage, or other Charge, fiould be Laid, or Impofed, or Levied, with' out a Grant thereof in Parliament, Jloould for Ever (land in Force. The Form of the Conqueror's Magna Charta ( as to this Particular) was in thefe Words, Volumus etiam & Conce- dimus, ut omnes Libert Homines Totius Monarchic Regni noftri prediCii, Haleant & Teneant Terras fuas & Poffejfiones fuas bene & in pace, liber, ab omni Exaftione injujld & ab omni Tallagio : It a quod Nihil ab eis Exigatur vel Capiatur, Nifi Servicium fuum liberum, quod de Jure Nobis facere T)ebent & facere Tenentur, & prout Statutum eji eis & il/is a Nobis Da- tum & Conceffum, jure hareditario imperpetuum, per Commune Concilium totius Regni nojlri predifii. The plain Senfe whereof, is this, We Will and COUCCD? ( i. e. Agree ) That all the Freemen of the whole Monarchy of our Kingdom, pall have, and hold their Lands and Poffejfions, peaceably and freely, from every unjufl Exafiion, and from every . 3C&JC ( i. e. from all Manner of Taxes ) fo that nothing JJjall be 'Taken or Exacted from them, unlefs it be, their free Service, which CONSTITUTION. 169 which they ought of Right to do, and are bound to do, for us, as it is Statuted and Conceded to them, as their Hereditary Right for Ever, by Us, and our 'Parliament, or by Aft of 'Parliament 5 for the Words (Commune Concilium Regm) were the Antient Latin for the Word [Parliament]. It therefore appears, That the Articles of this Conftitucion, or Government, were at this Time Reduced into a Charter, or Statute in Writing, although the Record is loft ; for a Copy of it, is Recorded in the Red Book, in the Exchequer, and the Terms of it, were in the People's Minds Engraven 5 however, this Potent King, notwithstanding his Renewing with the People the Original Contract, very 111 obferved the Terms of it, but ' in many Inflances broke it. SECT. V. BUT this, however, is obvious, That the Lords and Com- mons were Attached to the Conjlitution, and to fuch Monarchs as would, according to the Rules of it, Adminifler their Go- vernment ; fuch Princes, therefore, of the Royal Family, as Afpked to the Crown, and affifled in the IMctlC of the Peo- ple, from under the Violations of this Form of Government, have found their Contracts and Agreements, to Reflore and Obferve the Conflitution, and to Govern, according to the An- tient Rules by it prefcribed, the furefl ^fflnS to Afcend the Throne -, for, whenever this Conftitution was Violated, or Dif- regarded, the Lords and Commons often-times Trufted and Admitted, and even Invited to the Government, fuch Promising and Contracting Princes, preferable to others, who, by Proxi- mity of Blood, flood nearer 5 as appears from the fubfequcnt Examples of William Rufus, and Henry I. who were preferred to their Eldeft Brother, Robert Duke of Normandy $ and in the Inflances of King Stephen, and King Henry II. who were pre- ferred to Maud the Emprefs 5 and of King John, who was preferred to his Nephew Arthur, Son of his Elder Brother Jef- frey Earl of Anjou 3 and of Henry Duke of Lancajler, after- wards King Henry IV- who was preferred to the Houfe of 7brk. U u SECT. i 70 The B R I T A N N I C SECT. VI. WILLIAM RUFUS, Second Son of William I as foon as his Father, in his lafl Sicknefs at Rouen, in Normandy, Expired, left him Unburied, and haftened into England, and offering, and engaging, to Reftore all Men to their Rights, and to Govern according to the Antient Conftitution, the Lords and Commons, upon thefe Terms and Conditions, and in order to Difappoint and Defeat his elder Brother Robert's Pretences of Right by Concjuefl, or by Hereditary Right, Trufted William. Rufus, and placed him in the Throne, preferable to his Elder Brother Roberts Claims. The Two Eftates of Lords and Commons, proceeded in this Cafe, doubtlefs, upon thefe Principles, That a Title to the Government by CoUQUCft) was not to he endured : And next, That although Khig William the Conqueror, had entered into the CtygUltli Contract with his Teople, and thereby Gained a Limitted Hereditary Right, defcendible to the Heirs of his Body, according to the Conjlitution, yet he had afterwards broken that Contract, and Abdicated, by Excrcijing Arbitrary 'Power 3 and that, therefore, Robert his Eldejl Son, could ?iot Derive any Hereditary Right from a King, that had none himfelf: How- ever, this King, William Rufus, in fbme few Years, forgetting his Contract, which was the very Seal of his Sovereignty, began to Govern Arbitrarily 5 but the dKHOUUt) he Received from an Arrow, Shot ( as was pretended ) at a Buck in the New Forejl, put a Period to his Boifterous and Irregular Government. SECT. VII. HE NRT I. (the Third Son of William, vulgarly called the Conqueror ) being in England, and Engaging in the like Contract, as his Brother William Rufus had before done, was, by the Lords and Commons, on Condition of his Performance thereof, Trufted and Advanced to the Government, ftill prefer- able to his Eldeft Brother Robert, who was yet Living 3 but with this Difference, That at his Coronation in the Year 1 1 00, the Main Articles of the Conjlitution were, upon the Lords and Com- CONSTITUTION. i 7 r Commons demanding it, Reduced into Writing, in the Form of a €i>!tt?t5 and a Duplicate thereof, was put under the Great Seal, and fent to each Sheriff in England, one of which efcaped the fucceeding Diforders, and came to the Hands of Stephen Langton, Archbifhop of Canterbury 5 and from that Charter, were taken and framed, the Heads of the Charter, which, 1 1 2 Years after, was fettled and adjufted between King John, and the Lords and Commons, in a Parliament AiTembled and Held at 2Umnmg--4H3ra& ( fince called Charter- Mead) in the fame Manner as this Charter of King Henry I. had been framed and taken from the Laws of King Edward the ConfelTor, as thofe again had been before taken from the Laws of King Alfred, and fo Running back to the CtygittattOtl of this Go- vernment. The Reafon of putting this Charter, containing the Antient Laws, under Seal, was, Becaufe any Writing, under the Great Sea! of England, was the Highejl and moji Conclusive Evi- dence of the Truth of the Matters therein fpecijied, that could pojfibly be produced and Exhibited by the Subject againjl the CtOWil. This King, ( Henry I. ) to Strengthen his Title, Married Matilda, the Daughter of Malcolme King of Scotland, by Margaret, who was Sifter of Edgar Atheling, and Daughter of Edward Son of Edmond Ironfide, King of England 5 in which Queen Matilda, all the Claims, proceeding from the Antient Line of the BritiJJj and Saxon Kings, were (as the Englifi Infilled) UnltCD. It is obfervable, how Important the ^OffffQOU of the Go- vernment is 5 for, notwithstanding the Perfonal Merit, and the Great Fame, which the Eldeft Brother Robert had, in the Holy Wars, Acquired, and efpecially in the Siege and Taking ofcjeru- falem ; his younger Brothers, William Rufus, and Henry I. found llCltrb- Y y atlCC i 7 8 The B R I T A M NIC clUCC and Oppofition became General 3 however, for the preient, the King Executed this Law, of his own Making, and the Arcli- bifhop, in fear of Revenge, withdrew into Parts beyond the Seas. This open Aflumption of King John, was the Firft Direct Caufe, that put into Motion, and blew up into a Flame, thofe Struggles and Wars, about the Conftitution, between the Crown and the People (then called the Barons Ware) which, by the Firmnefs of the Barons, who headed the People, continued with great Bloodfhed, and variable Succefs (notwithstanding fome IntermiiTions) for the Space of above 100 Years, as before is mentioned, until that famous Statute called {JBtlQttcl Ctytltftl, at firft: conceded to by King John, in which the Conftitution, and the 3lUtlCttt Form of Government in this Nation, are Defcn- bed, was at laft Vindicated and Eftablifhed 5 in which Inteftine Controverlies (that were Renewed in feveral Kings Reigns) was Spilt the Blood of above 100,000 Men, without reckoning infinite other Calamities. SECT. IV. THIS Grand Quejlion between King John and his People, Whether Us Majejiy could, by his Regal 'Power, ^Uipoft JZUXZSj and Levy Money, without a Grant thereof in Parlia- ment ? was, in the Event Determined in Favour of this Confti- tution. However, pending thofe Proceedings 3 and before the Decifion of the Queftion was Compleated, the Arguments on both Sides were to this Effect : The King Argued, That this Legiftative Power was Inhe- rent in, and infeparable from, his Regal Government, and that the Supreme Governor could not, by any COHttflCt, made by King John, or by his Coronation Oath, be Divefted of that Authority. But the Barons and Commonalty, on their Part, Denied that the Supreme Governor or King had, or was Invefted with, any fuch |t»0\\)Ct or Authority, and Argued, That fuch an ^tffc ttfttp, or Legiflative Power in the Monarchy was Incovjijient with the Rights, and Hereditary Privileges of the People, and was therefore Thnied by the Conjiitution ; becaufe, if the King could feed and fupport his Regal Power, by Impofing Taxes, and CONSTITUTION. and Levying (what Money he pleafed, all their other Rights 'Privileges, and Claims of Liberty and Property, would he found mere Vapours, and muft neceffarily jDepend on the King's Will and Pkafure 5 for a |^Sl)J'tt which could fupport itfelf, with Monies and Treafnres, could not be Bounded or Liiriitted, by any other Power. SECT. V. A T this Time, the famous Diftin&ion between the King's Natural Perfon, and his Political Capacity, or Administration of Government, Guided the Barons and Commons in their De- meanor towards King John, and his Succeflor King Henry III. as appears from many Inftances, which in this Controverfy occurred 3 for the Barons meaning nothing more, than to mea- fure the Government by the Standard of the Constitution, and to Reduce it to the Original Form, which had Eftablifhed this Fundamental Article, That no 3£&£C0 fiould be Impofed, or Monies Raifed, but by a Grant thereof in Parliament $ they endeavoured to bring King John, to that Senfe of his Regal Authority, by the i^CfUlS only of Seizing his Caftles, Lands and Revenues, without intending any Hurt to his Perfon. SECT. VI. THIS being the Cafe, and the Controverfy obvious and important, the Difficulty then was, how to Liquidate between the King and the People, What really was the COUftttUttCtt, and thofe Prerogatives which, of Right, belong'd to the Crown, and thofe Hereditary Powers and Privileges which, of Right, belong'd to the People 5 for in thofe Times, the People were unlearned. The General Facls,, about this Struggle, were thus Tranf- acled. The Barons and People being Senfible and well Apprized of this Fiery Kings Cruel Difpofition, endured his ^Ittiitatp Impofitions, for about the Space of 15 Years, without any forcible iPifttttibatlCC or Oppofition 5 in which Space, he re- peated his ^tbittatV Acls of Power, in Impofing Taxes, no lefs than Seven Times 5 but the People being at lafl: Impoverifhed, and infupportably Opprefled, grew generallv Mutinous. 1 The H9 1 80 The BRITANNIC The King, who, with Money Illegally Levyed upon the EngUJb, was Enabled to maintain, in England, jTo^lgll £@CE- CClttitisS, Marched, with that Army, to make War upon the Barons 3 but, in his March, was prevailed on, by Stephen Langton, Archbifiiop of Canterbury, to forbear, and call a Parliament, which was Convened, and Affembled at Saint Paul's Church London, in the Fifteenth Year of this King's Reign. At this Parliament, the Archbimop produced and fhewed to the Lords and Commons, King Henry the Firft's Cl)^tICt before mentioned 3 by which appeared, what were the Peoples Rights, Liberties, and Hereditary Powers and Privileges. The Barons and Commons, at this Difcovery, Exceedingly rejoiced, Difpatched the Bufinefs before them, and Managed it lo, as to be foon Difmiffed, that they might, in their Recefs, Digefl their Rights, and take fuch Meafures as, by them, the Fundamental $0l\\\ of Government and the Conftitution, might be regularly and effectually Claimed, Afferted, and Re-eftablifhed. SECT. VII. THE King was, by his French Subjects, called into Nor- mandy, for their Defence and Prefervation, where, for Want of his Englifb Armies, he was furrounded with Misfortunes, and, in Effect, loft Normandy. The Barons, taking Advantage of the King's Abfence, met at St. Edmond's-Bury, and Affociated, to take modeft Meafures, whereby the Conftitution, and their Antient Rights, might be £\£3&UICD, and, upon Denial, to ufe getting for Afferting and Recovering them. The King returned from France, Affected with his Difap- pomtment, and fill'd with Refentment 3 but to avoid the Con- ferences of his Anger, the Barons and People, in a Body, attended his Majefty, and petitioned him to Reftore their Liber- ties, and the Rights of the Nation, contain'd in King Henry the Firft's <0;&itCt 3 to which his Majefty made a mild Return, Promifing, To conjider of it, as a Matter of Importance, and, at CONSTITUTION. 1 8r at the End of Three Months, to Give them his Anfwer at Oxford. The Barons and People being Allured, Thar the King would, by Fair Means, concede to nothing, Allembled at Stamford, and Marched to Brackky, in their Journey towards Oxford, to Receive the King's Anfwer, at the Time appointed ■ but, at Brackley, they met a Mejfage from the King, to know, What were thoj'e Rights and 'Privileges they ^Demanded ? in Aniwer to which, the Barons fent a «e£c1}CBUIC> or Lift of their Claims, the Principal whereof was, That no Taxes or Money floould be Impofed or Levied, unlefs the fame were Granted in Parliament ; but, upon Reading it, the King flew into a PaiTion, demanding, And why did not thcBarons,together with ihefeDemands, Tiemand my Kingdom ; and Swore, That he would never Grant thofe Liberties, whereby he himfelf JJooidd become a Servant. The Barons being Enraged at this Anfwer, Refolved not to touch the King's Perfon, which was unquestionably many times in their Power ; but to ^Ct$C his Caftles, Lands, and Reve- nues, and by thofe 03ti1US, induce him to do Juftice ; and accordingly they entered Bedford, and, upon the Citizens Invita- tion, took Pofleilion of London, and animating each other, they fummoned all others, to join and aflift them, either to reco- ver their Rights, or perifh in the Attempt. SECT. VIII. THE King being, in a Manner, forfaken of his People, i. e. of his Strength and Power 5 but pretending Peace, when he had in his Heart mortal War, confented to hold, and did hold, a Parliament at BtUUtinCf gjDtfU), between Windfor and Stares, where the King and his Adherents, appeared to be an Inconsiderable Number 5 but the Lords and Commons filled the Country. At this Parliament were Adjufted, Settled, and Declared, the Antient Conftitutions, Laws, and Liberties of the Kingdom 5 which were reduced inro Writing, and Exemplified in the Form of a Cl)AtttT, to which, and to many Duplicates of it, the King caufed the Great Seal of England, to be Affixed, and fent them to the Sheriffs, ordering them to be Publifhed 5 one of Z z which 1 82 ijfeized, Outlawed, Exiled, or in any Marnier T)ejiroyed, but by the Judgment of his 'Peers, or by the Law of the Land. That Right or fujlice fiould not be Sold, T)enied, or de- layed to any Man. That Merchants fijould have free Liberty and Safety to go out, and come into England, as well by Land, as by Water, to Buy and Sell without any Evil Tolls. That any Man might fafely go out, and return into the Kingdom by Land and by Water. With fome Reflri&ions in Time of War. That all Foreigners that came to Annoy the Kingdom, fijould he forthwith Removed. That for the Security of the Peace, and of the Liberties be- tween the King and the Kingdom, againfl any Breach thereof by the King, or his Minifiers, the Barons and Commonalty fijould, upon Refufal to Redrefs it, T)ijlrefs and Grieve the King, by Taking his Cajtles, Lands, and PojfeJJions, 'till the fame fijould be Redreffed (faving the Perfons of the i King > Queen, and their Children) and that the Lords fiould appoint Twenty-jive of their Order, who fioould have Power and Authority, to take Care and fee thefe Articles Performed and Executed. ■ £ECT, 1 34 The BRITANNIC SECT. X. BUT, notwithstanding all this Solemnity, the King was, by his Foreign Mercenary Officers (whom he made his Fami- liars) Upbraided, That by this Charter he had Conceded, to make himfelf a King, without a Kingdom, a Lord, without 'Dominions, a Subject to his Subjects 5 And therefore his Majefty pretended, That what he had done, was Extorted by Force and Violence, and for that Reajbn, he Refolded to undo it all : The King, for this End, retired to the IJle of Wight, and there Living Incognito, he meditated and contrived a ConfpUflCV of the moft Heinous and Black Complexion, viz. To procure from France, and from Gafcony, Poifiou, Flanders, and Brabant, an ^IttHP of Foreigners, with whom he might Invade and HDcfttOp his own People, Contracting with the Commanders and Undertakers, to 5C\00t out the Eng- lifi, and ^Ulltt in their Room, thofe Strangers. This Confpiracy fo far took Effect, that great Multitudes of Defperate Soldiers, under Defperate Commanders, arrived fafely at Dover, where King John put himfelf at the Head of them 5 but the greateft ^ttttl^, being Composed of Flemings, amounting to 40,000, was Embarked under the Leading of Hugh de Boves, on Board a numerous Fleet, and was actually Sailing from Inlanders, to Land, and join the King at Dover. But here Providence, in Favour of poor England, Interpofecf, and wrote upon this Infernal Defign, iDlf&PpOitttttlCttt, and by a Blaft, or Storm, fent forth in the very Article of Neceffity, ioutlft) this Wicked Crew of jfOJCtQtt jfOjCCS in the Sea, be- tween Dover and Calais. I fay, it was in the very Article of Danger 3 for if that great Army had fafely Landed, King John, in all human Probability, had SDcCttOpCt) his Englifh Subjects, and given to Strangers, their Land and Inheritance 3 for with fuch Part only, of thole Foreigners, as did fafely Arrive, the King became Mailer of the Field, and made Cruel and Terrible ?tf|t>fUl ££= C 0NST1TUTI0 N. 187 IbSKllltCt*, and funk into the Bofom of the Deep ; fo here the Tide ( not unlike the Red Sea ) unexpectedly Returned, and Surprized, and &ft&U0XbtD up, all his Carriages and Treasures : Whereupon Grief, or Poilbn, foon after brought his Tyrannical Life, and Power, to a Teriod : Remarkably Miferable ! for it is Qiieftioned in the Hiftories, whether this King died of Grief, or Poifon 3 but when it is remembered, how this King, at the Head of his Foreigners, had, fome few Days before, unmer- cifully 25lttnt and Deftroyed the Houfes, Barns, and Stacks of Corn, of his own Subjects, not fparing the Abbies, or the Barns and Stacks of Corn of the Abbot of Cropland, it is more than Probable, that the Monks of Swinfiead Abbey, Treated him as a Common Enemy, and paid him the Compliment of Poifon, in Return for his Cruel Burnings. That Man muft be wilfully Inconfiderate, who, from thefe Providential Events, does not fee and perceive thefe plain Infe- rences. I. That the Omnipotent Governor and Judge, did look down, and fee King John's Dark, Ungrateful and Inhuman Inten- tions, and IDtftippJOtteD them. II. That the fame Supreme Being, did likewife fee and con- Jider the Caufe of the Lords and Commons, and 3JppjO\Kt} it 3 for the Caufe of the one, was, in a Miraculous Man- ner, Confounded, and the other Vindicated, and, in the End, Succeeded. III. That from thefe Vigorous Struggles and Efforts, and from the Succejfes in this Caufe, this Nations ,5ft0CDOtlT> Liberty and Happinefs, were, in a great Me afire, Derived. It is Material to Obferve, That by the Act of Parliament of 1 1 W. III. Cap. 7. for the Preferving of the Cottonian Library 5 It is recited, That Sir Robert Cotton had Collected the mojt Ufeful Manuferipts and Records 5 and that the fame were of great Ufe and Service, for the Knowledge and < Prefervation of this Constitution, both in Church and State, and were generally ejieemed, the beji Collection of its kind-, then any where Extant : This 88 The BRITANNIC This being fo, it may, with fome Aflurance, be AlTerted, That this Charter of King John, made at Running-Mead, is the mofb jinthentick Record, which is now Extant, evidencing this Con- stitution, it being that eminent and compleat Charter, to which the Schedule, or Capitula of Articles, which, Bifoop Burnet's Hijlory relates, were found in Archbifloop Laud's Clofet or Cabinet, and which Mr. Johnfon, commonly called Julyan Johnfon, has 'Printed, in his Works, Verbatim 5 were but Preparatory. For which Reafon we fhall infert it here at large. [Note, Thofe Paragraphs Printed in a different Character, are the Claufes of this Charter, which were Artfully Omit- ted out of King Henry Ill's Magna Charta.] OHANNES, Dei gratia, Rex Anglic, Dominus Hiber- nia, Dux Normannia, Aqui- tan'ta, & Comes Andegavia 5 Archiepifcopis, Abbatibus, Co- mitibus, Baronibus, Jufticiariis, Foreftariis, Vicecomitibus, Pre- pofitis, Miniftris, &. omnibus Ballivis, &. Fidelibus fuis, falu- tern : ' o Judicio Parium fuorum, per Henricum Regem, Pat rem no- ftrum, vel per Ricardum Re- gem, Fratrem noftrum, que in Manu noftra habemus, vel que alii tenent, que nos oporteat warrantizare, Refpectum habe- bimus ufque ad communem Terminum Cruce Signatorum 5 exceptis illis de quibus Placitum motum fuit, vel Inquifitio facia, per Preceptum noftrum, ante Sufceptionem Crucis noftre. §. LXIII. Cum autem redie- rimus de Peregrinatione noftra, vel fi forte remanferimus a Pere- grinatione noftra, ftatim inde ple- nam Juftitiam exhibebimus. §. LXIV. And forthwith after Rcftorino the Peace, we will remove out ol the Realm, all Foreigners, Knights, Bowmen, Serjeants- and Soldiers, who came with Horfc and Arms, to the An- noyance of the Kingdom. If any Per fin hath been dif- feized, or Eloined, by us, with- out the lawful Judgment of his Peers, from Lands, Caflles, Liberties, or of his Right, we will forthwith reftore thofe Things to him 5 and if any Dif- ference arife upon it, then it fjjall be done therein, by the Judgment of the Five-and- twenty Barons, of whom Men* tion is made hereafter in the Security of the Peace. Touching all thofe Things of which any Perfon hath been diffeized or Eloined, without the lawful Judgment of their Peers, by King Henrv our Fa- ther, or by King Richard our Brother, which we have in our Hands, or which others hold, to whom we are bound to war- rant the fame, we will refpit to the common Term of them that have taken the Crufado, except thofe Things concerning which Suits are commenced, or hiquifition made, by our Com- mand, before our undertaking the Crufado. But when we fljall return from our Pilgrimage, or if, per- haps, we pall defifl from our Pilgrimage, we will forthwith exhibit full Ji'fice therein : We 204- vel aliquem Articuhrum Pacts aut Securitatis tranfgreffi fuerimus, & DrliCtlUll, often- fum fuerit quatuor Baronibus de predi£fis viginti - quinque Baronibus, till quatuor Barones accedant ad nos, ifcordiam, i. e. To put all 'Di fiord to Jleep for ever, and never more to awake. The principal Articles in this Charter, are, That no Taxes or Aids flail be impofed, without the Common Council of the Realm ( i. e. in Parliament ) The Manlier how Parliaments fiould be fummonedy and how theyfiould proceed in ajfejjing or giving CONSTITUTION. 213 giving Taxes 3 and other Matters touching the Adminiftration of Juftice, are here defcribed and fpecified. It may be obferved from this Charter, That in thofe Times, infinite were the People's Grievances about Tenures and Ward- (hips, and about the Manner of the King's Seizure of the Wards Lands, and his committing Wafte in them, and the Difficulties of obtaining Liveries of thofe Lands, out of the Royal Hands, which Impoverifhed all the great Families, when the Heir was under Age at his Anceftor's Death 3 of all which, the Nation is now happily delivered, when thofe Pretentions were purchafed off, by granting to the Crown, the Excife on Beer and Ale, as a Compenfation for them. The Forefts and Rivers produced numerous Oppreffions, This Charter, therefore, reduced into a Method of Right and Juftice, thofe Diforders, and, moreover, provided a Remedy whereby Arbitrary and Unjuft Tranfgreffions, or Proceed incrs, mould, in a mild and gentle Method, be JDiftUtbCD and Re- drelTed 3 and that, for that End, there mould be a grand Suf- pence, even of the Peoples Obedience, 'till the Grievance fhould be Reformed. This Charter points out, what the People were, on their Parts, to do and obferve, viz. They were to obey the Kings Summons, when he commanded them to make Elections of Repre- sentatives 3 and to meet and attend him in ^Parliament 3 and to Counfel him in his Grand Affairs 5 and to give and affefs Taxes for carrying on Wars 5 and to give Aids for other ^Purpofes. And, to conclude, This Charter (hews the very 5f0^in how the King and People, after great Difcord and DilTentions, re- newed the CtygtHtU COHttS^, Each fwearing to the other, to obferve all the Agreements and Things therein Conceded To, and Agreed on, and each of thofe Agreements were, according to that Oath, to be performed fincerely, without deceitful or artful Evafions. This Proof, therefore, of the Conftitution, and of the Origi- nal ContrrS to obferve it, accrewing from the Proceedings in this Charter, is fo ftrong, that, to require plainer, or more au- thentick Evidence, would be Unreafonable. H h h The 2 Id. The BRITANNIC This Magna Charta of King John, ought to be accounted an Acl: of Parliament of equal Authority with King Henry Ill's Magna Charta, which was, but Ten Years after King John's Charter, fettled and adjufted ; for nothing hath been at any Time fince done, either to Repeal or Weaken it 3 and therefore every Article of this Charter of King John, that is not fince, by Act of Parliament, altered, remains the common Law of the Land, and is comprized in the {Paginal COttttflCt, and as fuch, ought to be obferved and performed. But the Parliament Rolls, of this ^agtia €{)&#& of King John, furTered the fame Violence or Lofs, as other Parliament Rolls, and the fame being Copied only in the Hiflorian Mat' thenx) 'Parts, That Copy was not a fufficient Authority to be in- filled on 5 but if the iDjiCJttt&l CtjattCf, under the great Seal of King John, now extant in the Cottonian Library, could have been formerly produced, there's no Doubt, but my Lord Coke, and other Sages, would have given it Encomiums, fuitable to thofe, they have given to King Henry Ill's Magna Charta. BREACHES CONSTITUTION. 21 BREACHES IN THE E I G N O F KING HENRY III. CHAP. V. SECT. I. H I S King being, at the Death of his Father King John, a Child of Ten Years of Age, was looked upon favourably, as being Innocent of his Father's Mifgovermnent ; for the BritiJJj |£>C0plC naturally Love and Adhere to, and never Abandon their Prin- ces, but in Cafes, when their Rights and Liberties are Invaded ; and when by Op- preflion and Defpair of Redrefs, they are driven to Vindicate this Conftitution , and in thofe Cafes, they have hitherto been found, and may they always be found, Invincible and Succefsful. The Barons and Commons, about this Time, difcovered, That the Dilpofitions of Lewis, were compounded of f&tfiDp and 2I 6 The B R IT J N N I C and Ingratitude $ for he, with his French Nobility, had entered into private Oaths and Engagements, whereby Lewis, after he fhould be Eftabliilied in the Kingdom, was to defiroy and extirpate the Enghfi, as a Race of Traitors, and to People this Nation with Frenchmen 5 (to wit) That Lewis would perpetrate that very Wickedvefs, which he, upon their Invitation, came to prevent 3 Great Numbers therefore of the Barons and Commons deferted the ODlOUS Lewis, and adhered to young Henry, whom they placed in the Throne, and crowned him at Gloucejler 5 in which Tranfaclion, the Efforts of William Strongbow the Mar- fhal, Earl of Pembroke, who was made his Protector, were eminently diftinguifhed. King Henrys Party grew daily ftronger, and Lewis's weaker, infomuch that Lewis was conhVd to London, and the Parts adjacent, of which he, for about one Year and fome Months, maintained his Polfeffion, expecting from his Father, the French King, great Reinforcements ; with which, if they had arrived, all his Defigns might, probably, have been accom- plifhed. But at this Time, Providence, in Favour of the Brit'iJJo Peo- ple, interpofed again, and partly by Storms, and partly by King Henrys imall Fleet, a formidable French Reinforcement was, on the Englijh Coafts, near the Ifle of Thanet, intirely Bcfrftte CD 5 which Difappointmenr, together with the Lofs of a Battle at Lincoln, where his French General, the Earl of Perch, with many of the EngUJli Barons of his Party, were flain, and the reft made Prifoners of War, reduced Lewis and his French Army, to the Neceflity of a Treaty with King Henry, which, in a (mall Ifland in the River Thames, near Staves, was finally concluded 5 in which Treaty, Lewis acled a Part that was Princely and Honourable ; for, after it was provided and agreed, That he and his French Forces fliould., in a fafe and commo- dious Manner, depart and cjuit England $ He provided and ftipulated, That his <%\V$\ttt£ and Adhe- rents foould not, after his Recefs, be Siifferers, or be treated with Reproaches or Afperjions : And accordingly, two of the moft material Articles of this Stipulation, amounted to a com- pleat Indemnity and Oblivion [viz-) I That CONSTITUTION. 217 I. That all the Rights, Inheritances and Liberties of the Barons and Commons of England, for which the Contefi and Struggle between King John and his People began, Jhould be rejlored, and be by them enjoyed. II. That none fioidd fiiffer Damage or Reproach, for taking Part with the one Side, or the other. To the Performance of which Articles, King Henry, although an Infant of about Twelve Years old, took his Oath on the Evangelifts ; and the latter of thefe Conditions proved to be the Plan or Precedent for the Act of Oblivion and Indemnity, and other Acts pafTed about the Year i6<5o, by King Charles II. at his Reftoration. SECT. 11. I N the Fourth Year of this King, and in the 1 4th Year of his Age, died William Strongbow, the Great Earl Marfhal, and in his Room the rich Bimop of Whichever, 'Peter de Rupibus, was made Protector of the King and Kingdom. King Henry, in the 1 6th Year of his Age, being the Sixth of his Reign, by the Contrivance of Ibrne Great Men, after Strongbow* s Death, caufed Writs to be iffued, and fent to the Sheriffs, commanding them to fummon Juries, and inquire of them, What were the antient Liberties and Laws of the Land, which, of Right, ought to be enjoyed by the Nobility and Com- monalty of England. This Proceeding feems ftrange, and from the pretended and unufual Plaufibility and Fairnefs of it, may be inferred, fome unfair Dealing, for thefe Reafons 5 Firft, It is ftrange, That the Articles, or Particulars ofthofe Liberties and Laws, which had been fo lately challenged, and fought for, and vindicated, and at lafi Adjujied, and Settled in King John's Charter, Jhould be fo foon forgotten 5 #5 to need an Inquijition to be made by Country juries ; Secondly, Becaufe it is more ftrange, That the Wife Men of the Kingdom fcoidd expeff InJlru£lion, in fitch a Cafe, from Juries compofedof unlearned Countrymen 5 Thirdly, Becaufe, Thofe unlearned Jurymen, omitted to find %VO0 of the princi- pal Rights and Hereditary Privileges of the People, viz. To be I i i vepve* 2i"8 The BRITANNIC reprefented in Parliament, and to be free from all 3ZdX$ S, but fuch as they Jhou Id freely Give and Grant in Parliament. However, an Act paflfed in a Parliament held at Wefiminfler , in the 1 9th Year of this King's Age, being the Ninth of his Reign, whereby it was Declared and Eftablifhed, between the King and the People, what were fome of thofe antient Liberties and Laws of the Land, according to which the Government of this Nation ought to be Adminiftred. But here it is obfervable, That Five of the mod material Claufes of King 'Johns Charter, were, by the finifter Practices of fome of the Great Men, Subftracted, and Artfully Omitted, viz. I. That Claufe Declaring, That no Aids or Taxes JJjould be impofed on the People, unlefs by common Confent or Gift thereof in Parliament : And in the Room of it was infiduoully foifted in, this ambiguous Claufe $ Scutdgium; de cetero, capiatur, Jicut capi confuevit tempore Henrici Regis Avi nojlri. i. e. That Ser- vice, or Money for Service, in War (Jjall be, for the future, taken, as it was ufed to be taken in the Time of this King's Grandfather 3 meaning King Henry II. II. That Claufe, whereby it was Declared, That in Order to have the common Advice and Counfel of the Nation, in Ajfef- Jing Aids mid Taxes, 'Parliaments jfhould be fummoned ; and, that in the Writs of Summons, the Caufe of their being fummoned fiall be exprejfed. III. The Claufe relating to Foreigners. IV- That Claufe, Whereby the Barons and Commonalty JJjould, upon Refufal to Redrefs the 2i5?ftlCi)0£ of the Conjlitutions in the Charter mentioned, have 'Power to dtjlrefs and grieve the King, by taking his Cajlles, Lands, and PoffeJJions, until thofe Breaches JJjould be amended (faving the Perfons of the King and Queen, and their Children) 5 And, V. That Claufe, Whereby the King and the 'People recipro- cally entred into an Oath or Contract, to obferve the Articles or Stipulations of that Charter 3 notwithstanding King Henry was old enough, and might as well have fworn to perform the Articles of this Charter, as he did to perform the Treaty with Lewis the Dauphin. However. CONSTITUTION, 219 However, the Lords and Commons, in Con iteration of the Royal A (Tent to this Statute, which declared many fubftantial Parts of the Original Conititution, gave the King a very great Aid or Supply ; and, for the more certain and lure Evidence and Manifeilation of thofe Antient Liberties and Laws, in all Times to come, againft the King, this Acl: of Parliament was, as the former had been, Pennd in the Form of a Charter 3 and many Duplicates thereof, palled under the Great Seal, viz. One to be published and kept in each County of England : This Mo- mentous Acl of Parliament therefore obtained the Name of i^&gU(l Ct)ii£t without the other Two Efates of Lords and Commons 5 for in his Reign were held, no lefs than 23 '■Parliaments. III. That he, in refpetl to his Minions, or Servants, con" ftantly chofe the iClTCT <5£t)il, by frankly delivering up to Juftice, his Favourites and Evil Miniflers; and that Method never failed to fecure to him his Safety, and, in fome Meafure, his Honour. As to the latter Part, to wit, Thofe Inftances in which this Kings 0DtfgOtietttineitt confifted, the fame will the better appear, after Two of his Majefty's Perfonal Infirmities are pre- miled. I. This King was immeafurably addicted to Foreigners, who Flatter d him, and whom he, therefore, Advanced to be his Counfellors and Minijlers of State, and, by them, dif- penfed his Government. II. His Majejly was unaccountably Changeable, very often making folemn Promifes, and even Oaths, to d^ObCtU ac- cording to Magna Charta, and as often lightly breaking them. SECT. IV. THE 26jeaci)CS of the Conftitution made by this King, from which, as the Source, thofe 2KEIatS between him and his People, called the Barons Wars, were Produced and Revived, were thefe : The King, when he attained the full Age of 2 1 Years, did, by the Counfel and Advice of Hubert de Burgo, his Chief Juftice, fet up thefe (Q5£0l& Evafions to avoid, not only his own Charter, but the Charter of his Father King John, viz. That his Father s Charter, or A& of Parliament, to which he gave the Royal Affent at Running Mead, was gained from him by Force, or T)urefs, and was, for that Reafon, Void; and that his CONSTITUTION. 221 his own Royal Jjfent given to the A6i of Parliament called 0&lC?Uil CtUtttcl, was gained from him when he was under the Age of 21 Tears, and was therefore Void for Nonage-, And upon theie weak Pretences, he affumed an ^Vbitttltj? difpenfing Power, and, in a full Parliament, held about the i ith Year of his Reign, at Oxford, he took upon him to declare, and did declare, this Statute of Magna Charta to be $Httl and 31$ 0&, and that he would, in no Sort, be bound by it : And this King, in full Parliament, Cancelled one Duplicate of £lr) and to make War upon them, and (Jlt)C their Cajllcs and Lands to the Frenchmen, who would prove Subjects more faithful and obedient 5 promifing to bring over fuch Numbers, as, together with the Englifli that might be hired to join them, would com' pofe an 3t?Ul£> fujficient for the Undertaking. This Counfel, feeming plaufible, and fuiting the King's Incli- nations, was conceded to. The King's Foreign Minifters, to make a Beginning, and try how their Counfels would operate, did, in the firfr. Place, i3it= itl$t Gilbert Ae Baffet, and Steward, of their Caftles and Lands, giving the fame to the French Foreigners 3 and upon Baffet and Steward's Complaints to the King, for taking from them their Freeholds, they were called Xt&VtQJtS, and otherwife Mal-treated 5 infomuch, that when any Man fought Remedy by Law, the French Minifters would taunt him, fay- ing, What did their Laws, or Statutes, or Cuftoms of the Kingdom, Concern them ? they Valued them not ! SECT, CONSTITUTION. 225 S E C T. IX. THE cunning Bifhop, to gain Time for die Arrival o? more French, caufed a Parliament to be fummoncd at Weftmin- jler 3 to which the Allociatcd Lords and Commons, to avoid the Power and Malice of the Foreign Minifters and the French by whom the King was, in a COatUftC Manner, guarded, refolved to come well attended 5 but Strongbow, the Earl Mar- fhal, having Notice from his Sifter, the Countefs of Cornwall how the French had refolved to furprize and affaUlt i) r S IdCts (OU) withdrew to his Caftles in South -Wales, When this Parliament met, nothing was done, becaufe the Foreign Minifters, in Violation and direct Breach of this Conftitution, had wilfully and dellgnedly omitted to fend to fome of the AlTociated Lords, their Writs of Summons, to call them to his Parliament j by which Treatment it was Alledged, Thofe Lords were treated, and condemned by Implication, as Traytors, without any Tryal or Judgment of their c Peers. The Bifhop having gained Time, he, according to his En- gagement, brought over the Foreign Mercenaries, with which Army the King made War upon Richard Strongbow, the Earl Marfhal, and the Affociated Lords, taking what Caftles of theirs he could, and burning their Houfes, &c. and, in order to weaken them, the Foreign Minifters, with fo fmall a Sum as 1000 Marks, bought off the Earls of Chefler and Lincoln, who, for that mean Reward, contented themfelves to defert their Coun- trymen, and truckle under Foreigners : But in all the Skirmifhes (lor they never came to a general Battle) the French Forces were worfted, and the King was obliged to retire, with Lofs and Difhonour 5 and although his Perfon happened once to fall into his Subjects Power, yet Strongbow, the Marfhal, declined the Advantage, contenting himfelf with taking the King's Bag- gage and Treasures. L 1 1 SECT. 22 5 and, therefore, they humbly defired him to be Reconciled to his Englifh Nobility and Commonalty : To which the Bifhop of Winchejler, in the King's Prelence, Anfwered, That the Peers of England, were not fuch as were in France 5 and, therefore, the King might Judge, and Con- demn, and Bani/h them, by Judges of his own appointing. This Anfwer Strengthened the Aflbciation, and caufed the Engliflj Bifhops to Join with the Lords Temporal, infomuch, that the King having now perfectly alienated himfelf from his Natural Subjects, he, and his Foreign Minifters, flood by them- felves, 228 The BRITANNIC felves, noc only without Expectation of Affiftance, but in Fear of being by the whole Nation treated as CtlCttttCS* The whole Body of Englifo Bifliops thereupon taking Cou- rage, AddrelTed the King, reprefenting to him, That the French Minifters were Pernicious and Dangerous Men, becaufe they Hated and Defpiled the Englifi, Treating them as Traytors, and thereby Turning the XSUtlfj'g J^ttltt from the Love of the Nation, and the Jf CttttS of the Nation from Loving the King, i. e. To Hate one another 3 and that the French Foreigners de- lighted in War, to the Intent, to grow Rich by Troubles and Confifcations j and that, for that End, they Confounded and Perverted the jK,atj)S on the Evangelijls, to Obferve and pctfOJUt this new Tem- porary Scheme of Government. The firft Step in the Execution of thefe Provifions of Oxford, that was taken, was .the fett&ing I^Ollie the French Mercenaries, and other Foreigners, which the Barons, to the People's univer- fal Satisfaction, effectually performed, after having firft ftripped them of what H0OHCP could be found on them, and Appro- priating the fame to the c Publick Service. SECT. xv. BUT the King, by the Inftigation of a Frenchman, William de Valence, and other Foreigners, whom he called to him again privately, made Provifions of 5F0JCCS from Abroad, and in Con- fidence of that Affiftance, his Majefty grew weary of this New Sort of Government, called a Parliament about the 44th Year of his Reign, to meet at London, and there openly Renounced or Abrogated CONSTITUTION. 3 1 Abrogated the Statute called, The Provi/fo?is of Oxford, decla- ring to the Lords and Commons, That he would COlllplp with it 710 longer y but that, from henceforth, every one Jloould prepare for his own 'Defence 3 or, in other Words, That they were not to wonder, That, if Trujling no longer in their Cowt- fels, he had fought for Redrefs elfewhere. This was Plain-Dealing, for it amounted to the SftlfttbiUg the Sword, and Throwing away the Scabbard ; each Side there- fore, from this Time, Reforted to thofe UJDCtlUS, which micrht ftrengthen them againfl the Day, when the Queftion, now plain between them, fhould come to a Tryal , that is, Whether thin Conjlitution Jhould be Ejlablijhed or Abolijlied ? Various were the Struggles on the Part of the King, to acquire and compafs an Arbitrary Power , and on the Part of the Lords and Commons, under the Leading of Simon Mont- fort, Earl of Leicejler, and Gilbert de Clare, Earl of Gloucejter, and other Barons, to defend their Hereditary Rights, Liberties, and Privileges, and this Constitution. At lafl, in the 48th Year of this King's Reign, 116], the Controverfies between the King and the Two Eflates of Lords and Commons, came to a Xtpftl, by a general Battle at Lewes in Suffex, where the Barons became Victorious, and took into their Cuftody the King and the 'Prince, and, for a confiderable Time, kept them 'Pnfoners 5 but without offering to their Per- fons, any other Violence. SECT. XVI. PROPITIOUS it was for the King and the Prince, thac the Great Men differed amongft themfelves -, infomuch, that Gloucejler feparated from Leicejler, and retired to Ludlow in the Marches of Wales 5 which drew Leicejler after him, to Hereford, to reduce him (if poffible) by a Treaty ; but there Gloucejler, without any Intention to aid or aflifl an ^ttHttfltp Govern- ment, but upon private Stipulations between him and the Prince, whereby the Prince engaged, and undertook, in Cafe of Victory over Leicejler, &c. toreftore the Conflitution and the Government, by the antient Laws of the Kingdom, to banijh all Foreigners from the Counfels, and not to fuffer them to have the Cuftody of any Caftles, nor any Share in the Government, and to make 4 Magna 2 ^ 2 The BRITANNIC Magna Charta the Rule of Government 5 and the Prince took a folemn Oath, to perform this Engagement 3 and, upon thofe Conditions, and in Confidence of their Performance, he the faid Earl of Gloucejler joined with Roger Mortimer, Owner of Wig- more-Caftle, and a Potent Lord Marcher, in contriving and meditating the Prince's Deliverance, and at laft they effected his Efcape from Hereford to Wigmore. The Prince being now at Liberty, and having joined the Forces under Gloucejler and Mortimer 5 they raifed what more Forces they could, and, with incredible Celerity and Courage^ followed Leicefter (who retired from Hereford) and in feveral Parts became Victorious 5 and at laft, when they approached near EiftUfb6 ?he BRITANNIC and other Officers, and an Stilly, and Garrifons under their Command, to fupport them ; but in the midft of thefe Sue- cetfes, the French King, at the mitigation of a Remnant of Scots that refufed to fubmit, not only Invaded Gafcony, and other of Kincr Edward's Dominions in France, but Encroached on, and OppreiTed, England's 3Ulp, Guy Earl of Flanders. This Conjuncture made it neceflary to provide Two frefli Armies, the one to affift the Earl of Flanders, which lying nearer England, King Edward intended to Command in Perfon, and the other to fend into Gafcony under his Lieute- nants. For this Purpofe, the King fummoned his Nobility and Gen- try, and Commanded them, by a Time prefixed, to 2ttM them- (elves, and Compofe an Army, and to Contribute to the Charges of the Expedition, and to go into Gafcony, for the Recovery and 'Defence of that Country. But the Nobility and Gentry, by Humphry Bohun, Earl of Hereford, and High Conftable, and Hugh Bigot, Earl of Norfolk, and Earl Marfial, whom they fet at their Head, In- fijled, That the «^Ctl)lC0 bd n g contrary to that Part of the Conftitution, which fays, No Man fhall be Exil'd 5 and to that Part which fays, No Aids fiould he Impofed or Levied, but by a Grant thereof in 'Parliament 5 they therefore refufed to $}\)Zy 3 but, however, to teftify their Affectionate RefpecT: to his Majefty's Perfon, they offered, That if the King would, in ^CtfOtl, Command the Army in Gafcoigne, they would readily Arm, and Attend him 5 and the Earl Marflial would, according to his Place, lead the Van. The King's Refentment, neverthelefs, broke out into fuch Ex- preffions, as were Menacing and Terrible, faying, They fiould (250, or i^aug j To which the Earl Marjhal, infilling on his Liberty, and the Law of the Land, Reply'd, That he would neither <£>0, nor ^ftttg. SECT, CONSTITUTION. V SECT. II. THE Nobility, in great Difcontent and Fear, withdrew, and from this Time flood in Terms of Oppofition, upon their Guard, to defend the Conflitution, and their Hereditary Privi- leges : And the King, upon his own Strength (without them) was able to carry into Flanders, but a fmall Army, and to fend a lefs into Gafcony. During the King's Abfence in Flanders, a private Scots Gen* tleman, Sir William Wallace \ obferving, that the Scoti/b Nobi- lity were either Imprifoned, or Intimidated, did, with an He- roic k Courage, Animate and AlTemble his Countrymen, and, as their Leader, he manfully fought, and beat out the Ewglifoy and, in effect, Refined Scotland. SECT. III. KING Edward finding, that the Oppofition and Smugglings of the Englifli, who claimed and contended for a Refloration of that Claufe touching the Impojing Taxes, which had been from the true Magna Charta, clandeftinely fubftracted, that his Royal Strength and Power was much weakened, and, in a manner, 2>Cp&ti£t5 5 His Majefty, with the greateft Wifdom, took effectual Care, to IfttftOiie them to their Liberties 5 and Himfelf to their Love and Affection : And for that Purpofe He, in the 25 th Year of his Reign, gave the Royal Affent, to an Act of Parliament, Intitled, A Confirmation of the Charter of the Liberties of England : In which, that moft. important Article, touching the Raifing Money, which, by the finifter Practice of Hubert de Burgo, had been Secretly, and Artfully, omitted out of the Magna Chart a of King John, was Reftored, and is thus expreffed, That no manner of Aids or Taxes, JJjould be taken, for any manner of Bujinefs, or Occajions, ewhatjbever, but by the common Confent of the Realm, in i Parliame?it, and for the com- mon Profit thereof. And, becaufe fome Scruples and Doubts were ftill raifed, the King, in the 34th Year of his Reign, gave the Royal Affent to another Act of Parliament, Intitled, Statutum de Tallagio O o o non 238 The BRIT A N N I C non Concedendo : By which it was Enacted and Declared thus, Nullum Tallagium, vel Auxilium, per nos vel Heredes noftros, in Regno noflro ponatur, feu Levetur, fine Vohntate & Ajfenfu Epijcoporum, Comitum,Baronum,Militum, Burgenfium, & aliorum Liberorum Communium, de Regno noftro 5 which in Bnglifh is, That no Tax, or Aid,J}jall be Impofed or Levied, by us, or our Heirs, in our Realm, without the Will and Confent of the Lords and Knights, Burgeffes, and other Freemen of our Kingdom, i. e. The Lords and Commons, in Parliament AfTembled. The Words of this Statute are Plain, that no fuch Confent could be had, but in Parliament : They are alfo Abfolute, with- out Saving or Reftriction 3 for they Exclude the Levying of Money any other Way, for any Purpofe whatfoever 5 and there- fore the hard Treatment which this Statute met with, in later Times, deferves fpecial Remembrance. I. The Words of it appeared, for the Space of 3 3 1 Years, fo certain, and clear, from any Ambiguity, that no Doubt or Queftion, about the Right or Power of Impofing Taxes, ever appeared, during that long Series of Time. This Statute was the 0ll)Ci*, of Treating the Statute-Law, which the Judges affumed, milled the good Intentions of King Charles I. (who made and unmade thole Judges) into a Belief, 'That he had in his own Hands, Legal ^CiitlS, to fupply himfelf with Money 5 and that having fufficient Power, to furnifh himfelf with fuch Judges 3 his Majefty's Minifters advifed him, To lay afide that Part of the Kingly Office, which required the Affem- bling Parliaments 5 and that thefe illegal Proceedings, of the King's Minifters, and their purfuing the Miflake, raifed thole tempeftuous Contentions, which ended, in overwhelming both King and People, as will appear, when thofe Matters come to be reprefented. II. That whenever the plain and exprefs Words of Afts of 'Parliament, either in publick or private Affairs, mail hereafter happen to be treated, with the like Conftru&ions, it may be concluded, The Sufferings, of this moft important Statute, are coming upon them. Another Suffering, of this moft Material Aft of Parliament, was, that the Parliament Roll, on which it was entred, hath been fuppreffed, and the Record of it, is not now to be found : And it is more than probable, that the Record of this Statute, was one of thofe Records, touching the State and Government of this Kingdom 5 which King Richard II. caufed to be fubftra<5ted, and 39 240 77* BRITANNIC and imbezeled, and which was one of the Charges, objected to his Government 5 as hereafter will be related. But to return to the Reign of King Edward I* SECT. IV. AFTER thefe Reconciliations, between this great King and his People, his Majefty became ftrong, with his Peoples united Affiflance, and carried into Scotland, powerful Armies, beat down all Opposition, and fubdued that Country. But though a Union of the two Kingdoms was, by Provi- dence, determined, yet the Time of it did not, for the Space of 400 Years after, come to be fulfilled : and then the corn- pleating it, was not done by placing the King of England, by Conqueft or Marriage, on the Throne of Scotland 5 but, con- trary to all Expectation at that Time, it commenced in the Year 1603, at the placing the King of Scots, in "Vertue of a Marriage, on the Throne of England 5 and was at length accomplished and compleated, under the Aufpicious and Glo- ° rious Part of Queen Amies Reign, in the Year 1707. fe&^tiLJSfcsK^ BREACHES CONSTITUTION. BREACHES I N T H E RE I O F KING EDWARD II. 24r CHAR VII. SECT. I. I N G Edward II. fucceeded to the Crown at the Age of 2 3 Years, when the Nation, by the good Government of his Victo- rious Father, King Edward I. had arrived to a great Height of Glory : but though this King's Reign continued to the 20th Year, and to the 43d of his Age, yet his Adminiftration may be reprefented, as the Government of ^abDUtl CCS, firft of 'Pierce GaveJIon, and after of the two Spencers, Eather and Son, who, in all Things, be- haved rather as Regents, than Minifters : For the King did, in a Manner, abandon his Regal Power, and, inftead of Govern- ing, furTered his People, and himfelf too, to be by them Go- verned, p p p The 242 The BRITANNIC The Favourites having thus accroached the Royal Authority, they (pOilCt) the Crown of its Jewels and Revenues, Impove- rifhed their Matter, and loaded themfelves with Honours and Riches, immeafurably : the Conlecjiiences whereof were, Envy ■and perpetual Dilcords and Struggles between the Lords and Commons, and theie Regents. Thefe Favourites, to keep themfelves in Power, did (as Minions always do) befiege the King's c Perfon 3 not permitting Accefs, without their Leave 3 for they well underflood, That as long as they could keep to themfelves his Majeflys Perfbn, no Man could interfere with the Governing Power they were pof- feffed of $ for this Reafon, therefore, they diffuaded or eluded all SJlFtotfttll Atchievements, which, they rightly apprehended, would necefTarily introduce other active Men, to floare in the National Counfels and Refolutions. Thefe Difcontents enabled the beaten and tlt|CCt0tJ Scots, not only to tCfcUC, from under the Englifi Dominion, their own Country Scotland, which this King's Father left in a manner conquered, but to harrafs, and plunder, and deflroy the five Northern Counties of England, in fuch a difhonourable and long Series of SuccelTes, as were never before or fince heard of. At length the Lords and Commons, became fo difcontented and incenied, that they oftentimes reforted to Arms, and revived thofe Wars, commonly called the Barons Wars, not as Rebels or Traitors to the King, but to tltftUtb and remove thofe ^irtlitttltp Favourite-Regents, and to reftore the King to himfelf, and to his Authority. SECT. 11. I N the Courfe of thefe Contentions, there happened various Turns and Viciffitudes 3 fometimes the Lords and Commons 3 and at other Times, the Favourites, prevailing : When the firft prevailed, and the King himfelf, as well as his Minions, fell under their Power, Loyal Applications to the King's Perfon, and Parliamentary RedreiTes of Grievances, and gentle Banifh- ments of evil Minifters, were the End and Fruits, of all their 2£U&tiltiC pftttU&l, are not one of the Three Eftates 5 (to wit) the Lords Spiritual, being fum- moned, and attending in this Parliament, They fancied them- felves to be a diftinct and feparate Ejlate, and to have a fourth i|3£Qtlttl)C 3 and that therefore, without their Concurrence, no Law could be Enacted, or be Valid, and, as fuch, they did, not only unanimoufly \}0tt, againfl this Act, for banifhing of the Spencers 5 but every Individual Lord Spiritual, Enter'd his Pro* teji in Writing, againfl the Paffing of it, and yet the Act palTed 5 for the Lords Spiritual and Temporal themfelves, fometimes admitted, They were no more than Fords of Parliament 3 the Major Part of whom, did, in all Times, bind and conclude the Minor ; and therefore their DifTent and Protejlation, were rejected as Infignificant, and of no Force or Value. SECT. IX. SOON after this, an Accident fell out, from which, as the WiOOt, did fpring great Events, f&t&l firft to the aiTociated Lords j and, after that, fdttU to the Two Spencers and their Adhe- CONSTITUTION. Adherents, the Manner of it thus 5 The Queen, who had always affected Moderation, and had inclined rather to the Lords, than to the Favourites, and had done for them many fccret Services, was travelling to Canterbury, and, in her Journey, fent her Marfhal to defire, and provide for her, Lodgings in Leeds Caftle in Kent , which belonged to one of the potent and rich Lords, viz. the Lord Badlefmere ; but the Governor fent out a JftQUgi) Anfwer, That he, 'without a Command, or Letter, from his Lord, would not fuffer the Queen, or any other, to enter there 5 upon which the Queen advanced in Perlon, and demanded Entrance, to Repofe herfelf and Attendants for one Night 5 but (Tie was Denied, and forced to feek her Lodgings as (he could. The angry Queen, at her Return, complained of the Affront, and fo incenfed the King, and all others, that the King, with Eafe, raifed jfOJCCS, befieged and took the Caftle, and 1)C!fgttfCD again, into their Hands, the whole Adminiftration. The Favourites, having Refumed their Power, procured the Archbifhop of Canterbury, and the Bifhops of his Province, in a Synod at London, to infill on their fourth negative Voice, and to Adjudge and Declare, That the late Jft of 'Parliament, for the Banijhment of the two Spencers, was obtained by Force, and was againjt Right, becaufe the fame paffed againft the negative Vote of every one of the Lords Spiritual j and, for that Reafon, they, the Archbifhop and Bifhops, 3Utt)lfCtl the King, by his Regal Authority to ifapcdl and make that AcT: Void. R r r And 2 t9 2 $q The B R I TANNIC And the Favourites procured the King, by Letters Patents, under the Great Seal, dated the 1 8th of 'December 1321. 15 E. II. by his Royal Authority to SDlfpcnCS with, an( ^ to Revoke or iSCpull that Ad of Parliament, for being palled, againft the negative Vote of the Lords Spiritual. The Spencers having thus obtained this Colour of Law, and finding the Inclinations of the Clergy and Common People favourable, they refolved to make all thofe, who had ^.OICD for their Banifliment, to feel the Weight of their Power and Revenge 5 and therefore improved the Conjuncture, by advifing and procuring the King, to make CONSTITUTION. in the Booty, of a fuccefsful War, to march and join them with a ftrong Body of Difciplin'd Borderers. The Earl of Lancajler, and the Lords, fuftained at Borough Brigg a (harp Fight, in which the Earl of Hereford was killed j but the Lords could effect no more, than barely to keep the Poffe/fion of the Town, without being able to pafs the Bridge $ and, therefore, the next Morning, being preffed before and be- hind, they furrendered Prifoners to Harclay at Difcretion, who lent the Captive Lords, being Nine or Ten in Number, amongft whom was the Lord Badlefmere, and about Eighty Knights, and principal Officers, to the King, or rather to the <§>penCCt0> then at Tork. The Regent Spencers, being now in the Height of their Exal- tation, having mod: of their potent Enemies, Prifoners in their Cuftody, they took Care to let the Nation fee, and know, the 'Plenitude of their Pride, Power, and Cruelty ; for as to the Imprifoned Lords ( except the Earl of Lancajler) the Spencers caufed them all, to bzCondemned, in a fummary Way, to be Drawn, Hang'd, and Quartered 3 and ordered each of them, with a proportionable Number of Knights and Gentlemen of their Friends and Followers, to be CtfCUtCD, «fc- To be Drawn, Hang'd, and Quartered, in feveral Parts of the Nation, tfiz. At Tork, London, Canterbury, Whdfor, Brijlol, Gloucejter, &c. SECT. XL A S to the Earl of Lancaster, whofe Name was Plantagenet y and who was Coufin German to the King, and the Greateft and Richeft of all the Noblemen, and the firft Prince of the Blood, and next Heir to the Crown, after this King s Children and Brother, he was Referred for the greateft Affronts and Torments, which the Revengeful 3&agC and Malice, of the Spencers, could Imagine or Invent 5 and, therefore, they carried the King to the Earl's own Caftle of Pontefratf, and there be- haved, as all Minions do, when an £DDtOUS and Illegal Part is to be Acted, viz. Thefe Favourites procured the iiing Itt $&CEfOU, and in Defiance of this Conftitution, to fit in Judg- ment upon his near Kinfman, in the Earl's own Caftle, attended by the Two Spencers, and fome other Lords, whereupon the £arl of Lancajler being brought before the King, his Majefty, upon 251 252 The BRITANNIC upon a bare Reading of the Articles againft him, without Ar- raigning him, or Hearing his Anfwer or 'Defence, or Trying him by his Peers, Condemned 'him to be Drawn, Hang'd, and Quartered 5 but, in Refpect to his Blood, the whole Sentence (except Beheading) was remitted. This the Favourites did, to the End, the Judgment mould, or might, be ( as it was ) called, %\}t BmgS 3}UHQ1imU, intending, that no Man mould dare, to call it by its %X\XZ &m\\t. The next Day the Earl of Lancajler was led to a Place without his Caftle, and for his Entertainment, Six Knights of his moft intimate Friends, were hanged there before his Face : After which, his own Head was Ct)0ppCl) Off before his own Gates. SECT. XII. THIS dreadful CawagC of a Prince of the Blood, and of fuch Numbers of the Nobility, ftruck into the Nation Terror and Amazement $ but, confidering that thefe Lords and Com- moners, were Condemned and Executed Arbitrarily, and there- fore Illegally, without Tryals by their Peers, in direct Breach of ^gasna Cfjatta, though it was in Time of Peace, and when the King's Courts of Law were open 5 and, confidering that this dtSlat was made by the King, and all this Blood fpilt for no other End, than to Support the Two Spencers in ^0X1)61^ and Pride : Thefe Proceedings, therefore, kindled in the People's Breaft a Fire, in the jiitimeS whereof ( when it broke out) the Two Spencers, and all their Adherents, were Confumed. As for Roger Mortimer, and the other AlTociates, their XtCfttincnt was not much better 5 for they were Imprifoned,- and at laft Condemned to be Drawn, Hang'd, and Quartered 5 but in Return for their Defertion, and voluntary Surrenders, their Lives ( which, without their Eftates, were little worth ) were, to the End they might privately Hide away, and avoid the Kingdom, fpared. SECT. CONSTITUTION. 2 53 SECT. XIII. IMMEDIATELY after the Execution of the Earl of Lancajier, a Parliament was held at Tork, in which all Things were carried, as the Two Spencers directed 5 for the A£t for their Baniiliment was here, in the fame Year it was made, Re- pealed, principally for that the fame had paffed againft the ex- prels jftcgftttftg of all the Lords Spiritual 5 which Repeal was afterwards Repealed by the Ad of Parliament of 1 E. III. cap. 2. And this laft Repeal, made by that Statute of 1 E. III. was Rebeakd by the A6t of Parliament of 21 R. II. And that of R. II. was again Repealed by the Statute of 1 H. IV- cap. 3. So that now the Ad for the Banifhment of the Spencers, which was paffed, notwithstanding the Negative Vote of all the Lords Spiritual, ftands in Force 3 which is the ftrongeft Proof, that the Lords Spiritual have not a Fourth Negative, neither are they a diftincT: Eitate, nor one of the Eftates without whofe Concur- rence no Law can be made. It is remarkable, That in the faid Acl: of Repeal made at Tork, the Complaints of the Two Spencers, for Breach (in Re- lation to them) of Magna Chart a, was fet out in an Elaborate, Artificial, and Pompous Manner, though they themfelves, had made no Difficulty, to break the Whole, and every Branch of it. SECT. XIV. AFTER thefe Grand Atchievements, the Two Spencers (SlttttfD themfelves with the Eftates, not only of the Condemned Lords, but of the T>eferthig Lords too, and became Monfters in Riches, infbmuch, that they grew wantonly 3ttbttt8tP 3 for now, in their Abfolute Power, recollecting (as is probable) fome Things, which, in Favour of the Lords, had been fecretly done, they Oppreffed even the Queen herfelf, by Seizing all her Lands and Revenues 5 and in Lieu of them, appointed for her Mainte- nance, a Narrow Pmjton, which, though fmall, made her De- pendant on the Spencers, for the Payment. Some of the Bifhops alfo fell under the like Oppreffion, which they well $3nfltCt) for their Prefumptuous and Illegal Proceed- S f f ings, 1 2 $+ The E R I T A N N I C in^s, by which their Fellow Subjects, the Earl of Ltiftcaffer, and others, were ctltQllgCD an ^ Opprefled j (to wit) Firft by afluming to have a Fourth Negative, and to be a diftinct Efbue, without whole Concurrence, no Law could be made, ro be of any Force or Validity ; and by aflerting, That their 2UUtK!?ltp was Jo Ejfential, as to be a Caufa line qua non 5 Under which Pretence, they took upon them, to Adjudge an Act of Parliament to be Void. And Secondly, By Advifing the King to AlTume a Legisla- tive, or ^frbtfttltp Power, (in after Times, called a Tiifpenfing '•Fbiver) to Repeal and Abrogate an Act of Parliament, with- out the Concurrence of the Two Eftates of Lords and Com- mons ; for by thele, and other like Afliftances and Services, the Spencers had obtained the Vncontronlable Power they now Exercifed. Numerous were the Gentlemen, whom the Spencers ( be- caufe they were Their Enemies) called the King's (J£nCUl!C£, as if they had been Parties in the Aflociation, and under thofe Pre- tences, dijfeized and took from them, their Freeholds and Inhe- ritances. As for Sir Andrew Harclay, whom the Spencers, for his moll important Service, raifed to be Earl of CarliJIe, yet they, for quarrelling with them, about the ^pOll, which from the great and unprecedented CfltttflgC accrewed, caufed him to be charged, and profecuted, and condemned, upon frivolous Pre- tences, for High Treafon, and in a very fliort Time, to be 2)rawn, Hang'd, and Quartered. SECT. XV. -IN this Place it may be material to take one fliort View of the Kingdom, State, and Condition, in Relation to Scotland, during this King's 1 o Years Reign, of which it may be faid, That it was moft miferable$ for the King, in Perfon, at the Head of his Armies, Invaded Scotland, no lefs than three Times, to preferve what his Father won and left him 3 but was every Time driven back, with great Lofs and Difhonour, and in one of thofe Invafions, he fuffered, from that little Nation, a greater Overthrow, than this Kingdom ever received, from its moft potent CONSTITUTION. 2^ potent Enemies 5 but, then, What fhall be faid of the Scots Inva- sions ? who, in this King's Reign, fiiccefsfully Invaded England no lefs than i'o Times, Plundering and Deilroying, in a mod fhameful and horrible Manner, the five Northern Counties, as far as Tor^ infomuch that the poo; CtTQiiS) were, under this Reign of Minions, fo iJifpirited in their natural Courage, and fo Regenerated, that too Englijhmen would ftp before three or four Scots. It may therefore be concluded, that the Condition of the Englifi, under the Adminiflration of thefe Favourites, w r as mod deplorable 5 and to this may be added, That the Reafon, why the great Numbers of flrong Caflles and Garrifons in Scotland, were, with great Eafe and Rapidity, reduced by Robert Bruce, the ScotifJj King, was, becaufc King Edward had trufted, and committed the Cullody and Care of them, to Foreigners, who would not venture any Hazard, in making a valiant Defence : But to return 3 SECT. XVI. THE Exafperated Queen, who, from the fole Daughter of France, was reduced .to the Condition of a Waiting-Wow an, and to depend on the Spencers for a Maintenance, did) in Return for the ill Ufage and Indignities, with which the King fuffered the two Spencers to treat her 5 Imbibe fome Animolities, even againft her Lord and Husband, looking on his Ferfon as indo- lent, and una&ive, to whom it was in vain, to make Applica- tions 3 becaufe he nothing did, or would do, but by his Favou- rites, in whom he placed the fupreme Government : She, thereto- fore, by Advice of fome of the oppreiTed Bilhops, watched for an Opportunity, to vifit her Brother, the King of France, and to beg his Advice and Affiftance, which Opportunity ^ in about one Year after, occurr'd, upon this Occafion. The Kings of England and France, differed about the J^ M&gC which the French King Demanded from the King of England, for the Dutchy of Jquitain, and other Territories in France. The Favourite Spencers, knowing that the People were ripe for any Advantage, to Revenge the many SttbttftltV an£ * Un- juft A and the Queen was fent accordingly. The Queen, artfully enough, brought her Brother into this Expedient, viz. If King Edward would transfer over thofe 'Do- minions to the Prince of Wales his Eldejt Son, and fend him over, He, the French King, would accept the Prince s Ij^OUlftgC in Lieu of King Edward'5. This Second l3a\t was, by the Favourite Spencers, alfo fwalhwed, and the Donation being made, the Prince was fent into France ; and, upon his performing the Homage, Seizin and Poffeflion of thofe Countries and Dominions were Reftored, or Delivered to him. By thefe Means, the Queen gained ^OffcfQiOlt of her eldeft Son, which was all (lie wanted 5 and the Spencers Eyes (when it was too late) began to open, and fee how impolitick, and inconfiderate a Step it was, to permit a Lady, fo high Spirited, and fo highly Difobliged, as the Queen was, to go out of their. Power ; and, therefore, the Spencers fpared no Pains or Infinu- ations, to 2DCC0P back the Queen and the Prince 5 and they, on the other Hand, found Means to avoide the Snare ; where- upon the ^pfHCftS ftirred up, and Incenfed King Edward againft his Queen, and his Eldeft Son the Prince, and by the Royal Authority, which they had accroached, procured fuch Grievances to fall on the Queen and Prince, that they remained beyond the Seas., as fQjfaftCtt of King Edward, and C)CllCD from England. SECT. CONSTITUTION. 257 SECT. XVII. THE Queen equally feared, and hated the Spencers Abfolute Power, and 2l§i00l)p Difpofitions, and me and her Son were, in Foreign Parts, in great Danger ; and therefore it became necef- fary, as well to them, as to the whole Nation, which was into- refted in the Prince's Safety, to cafl about, how to SDiffttVl) and Remove the Spencer s, before they durft again, fet Foot on Englijh Ground 5 and, for that Purpofe, the Queen Received Mortimer and the Earl of Kent, the King's Brother, and other Exil'd Lords and Gentlemen, into her Secret Cabals, who were alfo Encouraged, by 3lttt)tf the Queen, and Prince, and Mortimer, &c. did, about the 2 2d of September 1326. Land at Orewell, now Harwich, in Ejfex 5 and all the Lords and Gentlemen in thofe Parts, fir 11 5 and after, of other PartSj and particularly Henry c Pla?itagenet, Earl of Lancajier y Ttc Brother 258 He BRITANNIC Brother and Heir, of the late flaughter'd Earl Thomas, joined the Queen and Prince, with all their Power. SECT. XVIII. THE Spencers beftirred themfelves, by ifluing out Procla- mations, in the King's Name, againft his Queen, and his Son, and Brother, &'c. and, particularly, fent to the City of Ian- don, to raife Men for the King's Defence and Afliftance, which met with a Reception as cold, as if the Citizens had faid, That fitch 5fO?CC£ could be of no other Ufe, than to bind filler on y their own Chains, and to fupport in 'Pride and Power, the two Spencers 5 for that, if the King would deliver up, and abandon thofe Men, and their Adherents, as his, and the Nation's CltC- JlltCS, his Majefty could want no Defence or Afliftance. The Spencers, not being able to ftand this *sbt02in, retired into the Weft, taking along with them, the King's |^CtfOlT, but without his Power, for that was Departed 5 and the Peoples Averfion appear'd fo Univerfal, that the PQOJ $J@Ctt in the Weft, could not be hired for Money, to take Arms under the Spencers. The Time was now come, when thefe ^tbittfltp Regents, were to be Treated in like Manner, as thofe who Violate all Laws, are, by the Abufed |&eoplt» ufually treated 5 and fo it was, that the Spencers, being taken Prifoners, were treated as they Deferved, viz. As publick and Implacable CtlttltfCS of the King and People, and as evil Minijlers, from whofe 2Ublttfttp and Wicked Jdminiflration, fuch Mi/chiefs were occasioned, as no Punifloment could equal the Enormity. The King lay, for fome Time, Concealed 5 but the 26100ft of his Kinfman, Thomas Plantagenet, Earl ok hanc after, fo illegally and cruelly fpilt, C?PUtg after him, difcover'd him to thofe, by whom he was, with Fury, purfued 5 The triumphant Queen, and Prince, and Lords, having gotten into their Cuftody, the Great Seal 5 caufed a Parliament to be fummoned, in King Edwards Name, which, being AlTembled at Wejlmmjler, on the Fifteenth Day of December, 20 Edward II. the Lords and Commons proceeded to make a Reprefentation, in which were Inferted CONSTITUTION. 259 Inferted and AiTerted the ^Djtgitial Terms of the State and Government, and next, the particular Breaches, which they Objetfed to King Edward's Adminiftration 3 and thereupon they 3$€foUttt), That King Edward had rendered himfelf mctlpable of the Regal Office 3 That the Throne was thereby Vacant 3 and, laft of all, they Refolved, That Edward, Prince of Wales, King Edward the Second's Eldejl Son, fiould be y and be SDSTi&tCD King of England 5 and he Accepted the Crown accordingly, by which Means the Monarchical Eftate was Reinjlituted, and the Breaches of the Conftitution were made up and Repaired. SECT. XIX. THESE Proceedings were, in thofe Times, and, for a long Time after, called a ^)tiltlttC 5 and it is beyond all Contra- diction, that the fame were entered on the Parliament Rolls, and fo continued for the Space of Sixty-five Years and up- wards, as is evident from the £>(&( UCC of 2 1 Richard II. wherein it is Remembered, That this Statute of 20 E. II. was Jent for, and pjOftUCCD in the Parliament of 10 R. II. A Valuable Record it was, becaufe from thence it might have been feen, and difcovered, (KEitJ&t were the Terms of the CtytCJttltU Conftitution, as they were taken and under- ftood to be 400 Years ago 3 but all the Rolls of this Par- liament were, by King Richard II. ^UbftftJCtCt) and De- ftroyed, as will after appear, in the Breaches of this Conftitution, Charged in his Reign 3 for it appears by the Rolls of Parlia- ment in the Tower, That thofe of 1 E. III. are Sewed, or Stitched to thofe of the 1 oth of Edward II. fo that all thofe material Proceedings of the whole Parliament of 20 E. II. are conveyed away, embezled, and fupprefled. It is therefore Difficult (after fuch a Chafma) to fay, what were the Particulars, of thole Breaches of the Conftitution, that were then objected and charged : All that can now be collected from the Hiftorians, is, That the Lords, and Commons did Refolve, That this King, having SDifUUffCD himfelf from his Regal Executive Tower 3 and SDClCg&tCU that Tower, into the Hands of jfilijOUtttC $•> an ^ having himfelf declined all Exer- cife i6o The BRITANNIC cife thereof ; infomuch that all Attempts to apply to him, U)lti)- OUt the previous c Permiffion, and Approbation of his Favourites, were Vain and Nugatory 5 and that from this (Demeanor flowed all Manner of ^tt&ttcltp, and Illegal Afis in the Government, That therefore this King, for thofe Reafons, was unfit, or rather Incapable to C5Otl0UT j which Allegation did, in Facl, compre- hend all Sorts of Reafons. And, in the Conclufion, they Re- folved, That this King had T)efcended from, and Vacated the Royal Seat, and that therefore it became necejfary, to fill again ( according to the Terms of this Conftitution ) the vacant- Throne. BREACHES CONSTITUTION. 261 BREACHES IN THE E I N O F KING RICHARD II. CHAP. VII. SECT. I. H E next Breaches happened in the Reign of King Richard II. who aicending the Throne in the 1 ith Year of his Age, fell under the Influence of Evil Minifters and Flatterers, who filled his Mind with 2lrbl!XilVP Notions of the Regal Dignity 5 and thofe Tares being lown in a Soil productive of Extravagancies, produced in the King the moft Steady Refolutions to acquire the landed Power, and to deilroy all Oppofers of his Progrefs to it; where- upon his Reign proved a lively Scene of many Parts of the Con- Pcitution, (hewing how the Counfels and Endeavours on the Part of the King, to (SQtJCftt as an Abfolute Monarch, and on the Part of the Lords and Commons, to iDfftU?) and Prclerve U u u the 262 The BRITANNIC the Conftitution, and the Fundamental Form of this Govern- ment, were Managed and Exerted. This King did, as it were, Transfer, or HDClCJJttfC over his Regal Authority to Five Favourites, viz. Alexander Nevill, Archbilliop of Tork, Robert de Fere, Earl of Oxford, and after Marquis of 'Dublin, and Duke of Ireland, who had married c Philippa, Daughter of Isabella, eldeft Daughter of King Ed' ward III. Michael de la Pole, Earl of Suffolk, Robert Trejilian, Chief Juftice of the Kings Bench, and Sir Nicholas Brambre, a Knight of London ; who, with their Adherents, Ruled 3Ctblttt0*dCm by the Laws and Statutes of the Realm, according to their Ad-vice ; but would Jlubbornly Exercife his Regal Power, by his own Arbitrary and Wild Counfels, That then his Parliament might declare the Throne ^HaCtlUt, and Jill the fame again with fome other Prince of the Royal Progeny. They therefore Advifed and Importuned him, To Recall his Royal Mind, and Remove the Evil Counfellors 3 for that it would be found, they could ?ieither Ajjijl^ nor Comfort him, although he fiould, in a Time of Danger, fiand in the ittmofl Need of them. Thefe Arguments brought the King to his Parliament, where the Lords and Commons Jhewed his Majefty, the Record of the Proceedings againft King Edward II. but with great Loyalty fubmitted themfelves, humbly Recjuefting the King, to join with them in RedreiTing the National Grievances 5 and the King, ieemingly, complied. Michael de la Pole, Earl of Suffolk ( who, from being the Son of an ordinary Burgher in Hull, had been fuddenly Raifed to that Dignity ) was, thereupon, Impeached for High Crimes and Mifdemeanors, Tryedj Condemned, Fined, and Imprifoned in Wind for -Caftle. And the King, at the Petition of the Commons, not onlv palled in full Parliament, a ConiHlilftOtl by Letters Patents, dated the 19th Day of November, 13 86, giving Power, for One Year only, to the Eleven Lords fo Ele&ed by the Com- mons, or any Six of them, to Survey and Examine the State and Governance of the Kingdom, the King's Houfhold, his Officers, Minifters, Courts, Revenues, &c. But gave alfo, the Royal CONSTITUTION. 2 6c Royal Aflent to an Ad of Parliament, Confirming that COttt* nnffiOH, and Authorizing the putting it in Execution. The Commons, on their Part, gave the King a considerable Tax, and all Things, feemingly, tended to a good Conclufion, had not the King, on the very next Day, being the Day that clofed this Seffion of Parliament, declared from the Throne, 'That his Will and Intention was, That the Prerogatives of his Crown, fiould not be prejudiced by any Thing done in that Parliament. From which it was inferred, That the King took this Oppor- tunity to declare, That his 'Prerogative was a Principle of ^DOlODEt in Government, Inherent in, and Infeparable from the Crown , which was not, nor could ever he, by At~l of Parliament Bound or Limited 5 and that this ^OlJCtCigU Prerogative re- mained in him, or was referved to him, in the Nature of a f2>0H)Ct of Revocation of any Law, although he Jhould give thereto the Royal Jffent 3 which Declaration implied, That he claimed a Power, above all Acts of Parliament, to JSTUfpEHCS with any Law, which he Jhould judge was to his Royal Prero* gative prejudicial. It does not appear, that the Eleven Lords acted Vigoroufly under that CommiJJion 5 but, on the contrary, were driven rather to 2Df ffllD their own Lives and Eftates, than Accufe or Punifli Offenders. SECT. III. THIS Commiffion, neverthelefs, fo terrified the Five Evil Minifters, that, to evade the Confequences, they poflefled the King, that this Act of Parliament and Commiffion, were a ILtflOU of his Royal Dignity, and the King being himfelf Go- verned by them, they carried his Majefty into Wales, where they COttfpitCD, not only how to Annul and Refcind all the Pro- ceedings of the laft Parliament, from which their Fear came, but to Subvert the Fundamental Form of this Government, and to Sap and Extinguish the Authority and Freedom of the Two Eftates of Lords and Commons, and to make the King an Abfolute ^Onattl) 5 To effect which grand Undertaking, their Refolutions and Advice Iflued and Centred in thefe Three Particulars, viz. X x x I. To 266 The BRITANNIC I. To procure from the Judges, an Opinion, That all the Proceedings of the loft 'Parliament, were Illegal and Treafon- able. II. To procure the Sheriffs to Return fuch Members of a New Parliament, as the Kingffjould Nominate. And, III. To Raife an 2trUip to Support and Vindicate thofe Meafures. Thefe Counfels fuiting the King's Inclinations, he Refolved to take that Advice, and Cut down all Oppofition that mould Crofs the Attempt. As to the Second Branch of the Scheme, they, at this Time, failed $ for the MjCtlffS not proving of a right Complexion, refilled to Comply. But as to the firil Branch : They caufed one Blake, of the King's Counfel at Law, to draw up ( as a Foundation to proceed upon ) an Indictment for Treafon, againft the Commiffioners, and fome of the Procurers of that Commiffion, who had been Active in Parliament, to Frame and Contrive the fame. The Indictment [o drawn by Blake, was to this Effect, That the Commiffioners had Traitcroufly Confpired amongfi themfehes in ^dtltlklhlCnt, to make this Commiffion, by Authority of Par- liament, againji the Regality of the King, to his T)iffjerifon, and to the derogation of the Crown 5 that they compelled the King's Conjint ^ and that they Confederated and Bound themfehes to maintain one another in Jb doing. But before any Proceedings were to be had upon this Indict- ment, the Five Favourites Advifed the King to command pro- per Queltions to be drawn up and prepared, and to demand the Opinion of the Judges, viz. Of the Two Chief Juftices., and of the Chief Baron, and of the Three other Judges of the Common Pleas ; and of Lockton, the King's Serjeant at Law : And, in Order thereto, Blake drew up the Queftions, for the judges Opinions. The CONSTITUTION. 2 6 7 The Judges were fent for, to Nottingham-Cafile, where, in the King's Prefence, they were commanded, upon their Alle- giance, to Deliver their Opinions : The Judges were either terri- fied, or compliant 5 for the two Chief Juftices, Trejilian and Belknapp, and the Judges Holt, Fulthorp, and Burg, Signed their Opinions in Writing, Dated the 25th of Augufl 1387, at Nottingham, to which all the other Judges, except Skipwith, who was fick, A (Ten ted 5 by which they ^nfU)£t0t), or rather Prejudged the Queftions tendered to them, in Manner fol- lowing L One Queftion was, Whether the fat A Statute and Com- mifjion were in 'Derogation to the Crown, or hurtful to the Kings Royal Prerogative ? The Anfwer was, They were hurtful. II. Another Queftion was, How they ought to he puniJJoed, who advifed and perfuaded the King to give the Royal Ajfent hi Parliament to that Statute, and the CommiJJion to be made, in Pur fiance of it ? The Anfwer was, They ought to be punj/hed with Tieath. IIL Another Queftion was, Whether, after the Bufmefs of the Realm, and the Caufe of AffemUing the 'Parliament were, by the King's Command, difclosd and declared in Parlia- ment, and Articles limited by the King, upon which the Lords and Commons ought to proceed, if the Lords and Commons would in any wife proceed upon other Articles, and in no wife upon the Articles limited by the King, 'till the King had Anfwered to the Articles exhibited by them, notwithftanding that they were by the King CflJOpflCtl to the contrary ; Whe- ther the King, in this Cap, ought to have the IRUlC of the Parliament, and indeed to rule, to the intent, That upon the Articles limited by the King, they ought firfb to proceed, or not, before they Proceeded any further ? To this Queftion, the Judges Anfwered, That the King, in this Cafe, ought to have the l&ttlc, and fo in Order, one after another, in all other Articles, 'till the End of the 'Parliament 5 and that if any Memler of either Houfe of 'Parliament, mould do 268 The BRITANNIC do contrary to this l&Ule of the King, he ought to be pumped as a Traytor. IV- Another Queflion was, That fince the King, whenfoever he pi kafed might remove his Officers or Jujlices, and might juflify and acquit, or punifli them for their Offences, whether the Commons in Parliament might, without the King's Will, JJlH- ptflCf) in 'Parliament the fame Officers and c juflices for their Offences, or not ? The Judges Anfwered, That the Commons could not impeach them, and that he that doth contrary, ought to be punifhed as a Traytor. V. Another Queflion was, How he is to be punifloed, who ^pODCD in Parliament, That the Statute fjoould be fent for 5 whereby King Edward II. had formerly been proceeded againft ? by the Infpeflion of which Statute, the faid new Statute and CommiJJion were conceived in 'Parliament. The Judges Anfwered, That as well he that fo UJ30t)CD in Parliament, as he, who, in 'Purfuance of that Motion, brought the faid Statute into the < Parliament~Houfe, were Criminous and Traytors, worthy to be punifhed. King Richard, having gained this Colour of Law, to coun- tenance his Proceedings, as if the fame were legal, imagin'd, That nothing could difappoint his Defign, to obtain the Abfo- lute and ^tbltCfltp Power, aimed at, and to extirpate the Powers and Privileges of the two CfttltCS' of Lords and Com- mons, by which only, the Acts of his Will and Pleafure were bounded and terminated. For this End, therefore, the King privately commiffioned Robert de Vere, Earl of Oxford, Marquis of T)ublin and Duke of Ireland, his Chief Favourite, to repair into Wales and Che~ fhire, and raife an 3ttUlp, and march them to him at London 5 at which Place, after an Abfence of fix Months, his Majefly had been, at his Return, very well received. t SEC T. CONSTITUTION. 269 SECT. IV. THE Eleven Lords, the Commiffioners, and their Friends, being Apprized of this COllfpitacp, and rightly judging (if the fame fucceeded) That the Fundamental Form of Government, and that Part of the Conftitution, which confifted of the two CftcUCS of Lords and Commons would be fubftantially over- thrown and ftlbtKttCt) 5 they, therefore, in M>tttl\tt of the Conftitution, and of their own, and the Peoples Hereditary Liberties and Privileges, raifed an 2tnnp, and affembled at Haringay-Park, alias Homefey-Park, near Hackney and High-' gate, making above 40,000 Men, and Detach'd Henry Earl of c Derby, eldeft Son of John of Gaunt, Duke of Lancajler, and afterwards King Henry the Fourth, with a ftrong Party, to meet, and fight, the Duke of Ireland, in his March with the Chejh'tre jFojCCS towards London, and thereby 2DiffcUtb and Difconcert thofe 3llblttptiriCtt$ Houfe of Commons did ( being Influenced and Inftigated thereto by Sir John Buffy y their Speaker ) was their officious taking Notice, of the Afis and Proceedings of the Two Parliaments, held in the i oth and 1 1 th Years of this King's Reign, and Inveighing againft them, as if the fame were derogatory to the King's Royalty $ they therefore brought in a Bill to Annul and iEUptftl, not only the Parlia- ment of the 1 1 th Year of this King, but all the Acts, Judg- ments, and other Proceedings of it 3 which Bill was, with Vio- lence, carried through both Houfes, and foon pafled the Royal Aflenr. In the next Place, this Houfe of Commons, in a fort of Ra- piditv, palled a Bill to Attaint the Deceafed Thomas P/antagenet, Duke of Cloucejler 5 and alfo Impeached and Attainted the Earls of Arundel and Warwick, and the raoft Active of the Eleven Lords, the Commiffioners, for High Treafon $ the Overt Acts of which, were charged to be for ^OfoiUg) 2DCbatU19> and ^ILtOttng, in thofe Parliaments, the Matters aforefaid, though the fame had ( by the joynt Confent of the Three Eftates of . King, Lords, and Commons) actually paffed into Laws 3 and alfo for Ajfembling Forces at Har'mgay Parky and Fighting, and CONSTITUTION. 273 and Routing, the Duke of Ireland, at Radcot- Bridge 5 though the Raijing and Acting with thofe Forces, had been Approved of, and Juftified by A£i of 'Parliament, as done according to ■ the Laws of the Land, in ^Defence of the Conftitution, and in 1)ifturbing and Oppofing the Minifters of Arbitrary Meafures. The King, and his Minifters, finding their Succefs to exceed their Expectations, and obferving, that by thefe dreadful Pro- ceedings, Supported by Chefjjire Standing Forces, the Lords were intirely Intimidated, 2D and Imprifoned the Duke of Gloucejler for High-Treafon : But the Confpirators fufpecting -\\c Succefs of any publick Accufation, the Good Duke w^s, on the next Day after his Imprifonment, being the 2d Day of the Seffion of Parliament, found Sj^UttJCXCt) in his Bed. The Death of this Patriot was, by the People, pofitively charged on the Queen and Suffolk, and lb obliquely on the King 5 for the Fact was Evident, and it was in vain to pretend Ignorance, or Innocence ; however, this is plain, That by this D d d d - Nefa- 290 The BRITANNIC Nefarious Act, in cutting down Gloiicefler, (the ftrongeft Pillar and Support of the Houfe of Lancajler) the King, with his Left - Hand, CUt Off his Right j after which, the whole Frame of the Government Refted, or Devolved, on the Queen and her Favourites. SECT. VI. B Y thefe Proceedings, the Pretender ( Richard, Duke of Tork) was furnifhed with fufficient Arguments 5 and, therefore, whifpered to the two Eftates of Lords and Commons, That now it was evident, That the Constitution was violated, and *Z?ukes Claim was not a Petition to the Lords in Parliament, although he did not Command, but Deji* red, and Prayed them to give an Anfwer, to the Writing, Con- taining his Claim. The Lords fent for the Judges, and Demanded to know of them, What was the Law of the Land, in this Cafe ? to which the Judges Anfwered, That the Matter in ghiejlion was Matter of State and Government, determinable only by the Eftates in Parliament, and not in the ordinary Courts of Juflice ; That the like Queftions had been determined by the two i.fiates of Lords and Commons, in the Cafes of the two Kings Edward II. and Richard II. -whereas the T)uke of York's Claim, in this Cafe, imported a T)ifavowing or Contradicting the Legality of thofe determinations ; and, therefore, the Queflion was improper, to be demanded of the Judges, becaufe no proper Anfwer could be given, without Judging, whether their Matter King Henry VI. were lawful King, or not, which was an abfurd Enquiry, and inconfiftent, not only with their CommiiTion, but their Oaths ; and, moreover, to call in Queflion, and to Judge, Whether the two Efiates of Lords and Commons, did 3&l0l)t 0? fllSltOttg, in declaring the Throne to be Vacant, and calling Henry of Boling- r CONSTITUTION. 297 Bolingbrook 7)uke of Lancafter to the Government, which was a Matter aboi)e, and not in their Jurifdiflion : The Judges, therefore, 'Declined to intermeddle, and the Lords then, fent for the King's Serjeants and Counfellors at Law, and Demanded, to know of them, What was the Law in this Cafe ? but They, in like Manner, and for the fame Pveafons, Declined, and Refufed to Intermeddle. In this perplexed Conjuncture, the Duke of York procured a ffCUtt Defence, or Anfwer in Writing, for King Henry, to be brought into the Houfe of Lords ; in order to bring the Qiie- ftion to an IlTue, and into Debate before them : By which An- fwer, it was feignedly infilled, That the Duke of York's Claim and Title was Defeated. I. By the Oaths of Allegiance, taken by the Lords, and, amongjl them, by the Duke himfelf to King Henry VI. as law- ful King, which ought not to be, by any Means broken. II. By the many Affs of 'Parliament made, in divers Par- liaments held by this King, and by his Progenitors, the Kings Henry IV- and V. touching the State and Government, and touching divers Intails of the Crown, to the Heirs Male of that Family. III. That the Duke of York had borne the Arms of the Mor- timers, and not the Anns of the Royal Family of the Planta- genets, which amounted to a Difclaimer. IV. That King Henry IV. when he took upon him the Crown, faid, he claimed the fame, as Right Inheritor to King Henry III. and not as Conqueror. But this fictitious Writing, omitted King Henrys belt. Title 5 which had been Acquired, and Derived by and from the Con- ftitution, and the Law of the Land. To which Anfwer of the King, the Duke of Tork exhibited to the Lords in Parliament, a written Replication, wherein he infilled 5 I. As to the Oaths; That every Man is hound to obey the Law of God 5 by which Law, Truth and Jufiice are to he obferved, and Untruth and Injuflice to be Repreffed. Ffff II. That 298 UCCCifiptT, whereby it was Enacted, That the Government Jbould 'name Hi ate I y Devolve upon the faid Richard T)uke of York, and the Heirs of his Body, if King Henry Jhould Break or Violate, any Point of that Parlia- mentary Contract or Settlement ; and Infilled, That King Henry had broken the Terms and Conditions of that Contrail: or Eflab- lipment, which the Slaughter of his Father, the T)uke of York, at the Battle of Wakefield, did fadly manifejl : And thereupon the People, confiding of Lords and Commons, Unanimoully Adhered to this Conftitution, or Parliamentary Right of ^>UC= CClftOtt, and Declared, and Proclaimed, Edward Earl of March, to be King, by theName of Edward IV. and to have a Confti- tution, or Parliamentary Right of SuccefTion to the Government of England, to him, and to the Heirs of the Body of his Father., Richard late Duke of York SECT. xv. THESE Proceedings manifeflly prove, That the fubftan* tial Claims of the Yorkift Family, were founded on this Con- liitution, and on a Parliamentary Settlement of the ^UCCCffiOtt j for the Duke of York's Claim, by a mere Hereditary Right, which he had, at firft whifpered, before the Arguments Accrewed to him by King HenryW's 2l6^flClJCS of the Conftitution, were of no Efficacy or Advantage 5 Neither were thok Claims afterwards, the Efficient Caufe of his eldeft Son, the Earl of March's Accef- fion and Exaltation to the Regal Government : His being a Branch of the Royal Family, was confidered only, as a Qualifi- cation, to call him to fill the ^lacflUt Throne, which had not become Vacant, if the Conftitution had not been, by Male Ad- miniftrationSj Violated and Subverted. Thefe Proceedings likewife confute all thofe Writers, who build fo many Notions, and Pofitions upon the Hereditary Right of the Houfe of York, preferable to the Houfe of Lancajler, when, in Fact, the ConftltttttOtt, and not an Hereditary Right, Raifed the Yorkifis to the Government, and placed them on the Throne. SECT. 308 The BRITANNIC SECT. XVI. BEFORE the Breaches in this Reign, are parted with, the Manner how the Adminiflration of the Government came to be changed, upon the Queen's Marriage, from a Legal, to an Arbitrary Exercife of the Regal Power, deferves to be obferved and described 5 It is therefore to be Remembred, That the Queen was a Niece of the French Queen, and came out of a Country, where that Plant called Arbitrary Power, being one of the Branches of the Civil Law, prefides and flourifhes : She found, That although the King her Husband, was of competent Years, vet he continued a Child, in Abilities to Govern 5 and, in order to raife her own Power, fhe Infilled and Infufed into her Favou- rites, That the Duke of Gloucefers Adminiflration, according to the Strictnefs cf the National Laws, was Mean, and Below the Dignity of that Sovereign Power and Dominion, which the Civil Law conferred on the King's Perfon 5 and therefore (lie Countenanced fuch Proceedings, as looked Imperious, and Ab- folved from all Reflrictions : But thofe Foreign Notions and Practices, brought her Husband's Perfon and Government into a Difefleem, and fo into a Want of the People's Affiflance, which they, in their Turn, thought was unreafonable, in thofe Circumflances, to be given or expected. The Character which this Queen acquired by her Undertak- ings, ought, for the Inflruction ofPoflerity, to be reprefented 5 ( to wit ) That the People apprehended her, to be Faithlefs and Implacable, and could not Trufl or Confide in her, or in any of her Promifes or Declarations 3 for when King Henry \l. offered Richard Duke of Tork, and his Partizans, a full and general 'Pardon, They anfwered, There was no Xnilfrtlg to the Kings Pardons, fo long as the Queen, whofe Temper was Bloody, Infincere, and Implacable, was Predominant 3 and this Character flic made good at the fecond Battle at St. Allans, wherein fhe was Victorious, upon this Occafion : When the Duke of Norfolk, the Earl of Warwick, and other Lords, in the Torkifs Army, faw themfelves Betrayed by Lovelace, their own Commander of the Kentifjj Forces, they Fled, only the Lord Bonville, and Sir Thomas Kyriel, who had behaved well to- ds King Henrys Perfon, in his Confinement, went in a complimental CONSTITUTION. 309 complimental Manner to the King, to excufe their leaving his Majefly, and flying away. But the King Importuned them to ftay, giving them his Royal Word for their Safety 5 upon which, they relied, and ftayed$ but the Queen's Cruel Temper and Power, being Pre- dominant, fhe over-ruled the Royal Word, and caufed both their Heads to be ftrucken off, which was an unqueftionable Evidence, that the King's Incapacity to Govern, was Natural. SECT. XVII. THE Fads above Stated, from whence it may be argued. That the Family of York, were Advanced to the Government ; not by an Hereditary, but by a 'Parliamentary Settlement of the ^UCCCffiOll, will be beji Illujl rated by Copies, I. Of the Act of Parliament of 3 o Henry VI- herein afrer Inferted. II. Of the Proceedings in the firfl Parliament of King Ed' ward IV. for Recognizing his Title. But it is to be obferved, That the T)uke of York tookfpecial Care to omit out of his Claim and Title , not only all the Arbi- trary Affis of King Richard II. whereby he had Broken the Original ContraSf, Abdicated the Government, and Vacated the Throne, but all the 'Proceedings of the Two Efiates of Lords and Commons, upon, and for thofe Breaches. And yet, neverthelefs, the Duke Applied to the Two Eftates of Lords and Commons, in thefe Times of Diffraction, when the like Male Adminiftrations were Repeated, recjuefting them, To call him to the Government 3 which they, for the Reafons aforefaid, complied with, Leaving it to him to Shape his own Claims, as before is Reprefented. I i i i Ths c$io uc of Yorke, as two Parties ; and alfo it hath not be accujiomed, to call the Juflices to Counfell in fuche Matters, an J in efpecial, the Matter was fo highe, and touched the King s highe Ejlate and Regalie, which is above the Lawe, and pajfed their Leminge 3 wherefore they durjl not enter into any Conji- deration thereof '5 for it perteined to the Lordes of the Kinge's Blood, and the Apparage of this his Land, to have Comunication, and medle in fuche Matters, and therefore they humble lifoughte all the Lordes, to have them utterly excufed of any yh>ice of Counfell, by them to be geven in that Matter. K k k k And 3 r 4 the BRITANNIC And then the faide Lordes confideringe the Aunfweie of the kiide Judges, and entendinge to have the Advice and good Counfell of all the King's Counfellors, fente for all the Kings Serjeants and Atturney, and gave theim flraighte Camaunde- ment, in the King's Name, That they fadky and avifely flmld ferche and feke all fmhe Things as might e be beji and Jlrengejt, to be alleged for the King's Availe, in Objection } and defeteinge of the faide Title and Chyme of the f aid Due. Whereunto the faide Sergeants and Attourney, the Wenfdaie then next iffuinge, aunfwered and feiden, That the faide Mat- ter 'was put unto the King's Justices, and how the Mondaie then lajle pajfed, the fame 'Juflices feiden and declared to the faide Lordes, That the faid Matter was foo highe, and of fo grete Weighte, that it palled their Learning ; And alfo, They durft not enter any Confideration in that Matter, to geve any Avice or Counfell therein : And fithe that the faide Matter was fo highe, that it pajfed the Le arrange of the Jzflices, it mufi nedes excede their e Learninge ; And alfo. They aurft not enter any Confideration in that Matier, and praied and befoughte all the Lordes, to have them excufed, of gevinge any Avice or Counfaill therein. To whom it was aunfwered, by the Avice of all the Lordes, by the faid Chauncellor, That they might e not be fo excufed, for they were the King's particular Counfaillors, and therefore they hadd theire Fees and Wages. And as to that, the faid Sergeants and Attourney feiden, That they were the King's Counfaillors in the Lawe, in fuche Thinges as were under his Autforitie, or by Comijjton-, but this Mutter was above his Auffioritie, wherein they mighte not me die 3 and humblie befoughte the faide Lordes, to have them excufed of gevinge any Counfell in that Matter : And it was aunfwered againe, That the Lordes woulde not hold them excufed, hut let the Kinge's Highnefs have Know" leche what they faide 5 and thereupon the faide Chauncellor re- membred the Lordes S. and T of the Seinges and Excufes of the Juftices, and the Seyinges and Excufes of the Sergeants and Attourney 5 and alfo the grete Camaundement of the Kinge's Highnefs, that they had to finde all fuche Objections, as mighte be mode mightie to defend the Kinge's Righte and Title, and to defete the Title and Clayme of the faid Due of Torke ; and alfo, that the Kinge might underftande, that the faide Lordes diden CONSTITUTION. 3^ diden their true and faithful Devoir and Accjuittaill in the faide Matter, dented all the Lordes that everye of them mould fcye what he coude feye, in fortefienge the Kinge's Title, and in de- fetinge of the Clayme of the faid Due, and then it was agreed by all the Lordes, that everv Lorde mould have his Fredome to fay what he wulde faye, without any Reportinge or Magre to be hadd for his Seyinge 5 and thereupon, after the Seyinge of all the Lordes, every after other, it was concluded, That thes Mat- ters and Articles hereunder written, fhuld be Allegged, and objecte agenfte the faide Clayme and Title of the faid Due. Firfte, It is thoughte, that the Lordes of this Londe mud XIIL nedes call to theire Remembrances, the grete Othes the which Sa' e Smhim they have made to the Kinge our Sovereigne, the which may prsdianm. be laied to the faide Due of York ; and that the Lordes maye not breke thoo Others. Item. It is thoughte alfo, that it is to be called to Remem- brance, the grete and notable Actes of Parlements made in divers Parlements of divers of the King's Progenitors, the which Actes be fufficient and refonable to be leide againe the Title of the faide Due of Torke, the which Actes, been of much more Authoritie, than any Cronicle, and alfo of Authoritie to defeat, any Manner of Title, made to any Perfone. Item. It is thoughte, that there is to be laide age) n the faide Title, divers Entailes made to the Heires Males, as for the Corone of England, as it may appear by divers Cronicles and Parlements. Item. It is thoughte, yf the faid Due fhould make any Title or Clayme, by the Line of Sir Leonell, that the fame Due fhould beare the Armes of the faide leonell, and not the Armes of Edmonde Langley late Due of Torke. Item. It is to be alledged, ageyne the Title of the faid Due, that the Tyme that Kinge Harry the Fourth, tooke upon him the Corone of England, he faide he entred and tooke upon him the Corone, as Righte Inheriter to King Herry the Third, and not as a Conqueror. To the which Articles, the faid Due of Torke gave his Aun- fweres in Writinge, as followen. Here- V 6 ' ad Objcftio- they have made to the Kinge, which maie be leide to the laid prsediai. Due, and that they maie not brooke thoo Othes 3 The faide Richarde aunfwerethe and faith, That every Man, undre the Peyjie of everlajlinge < Dampnation, is bounden to obey to the Lawe and Commaundements of God 3 by which Lawe and Commaundements, Trouth and Juftice owe to be preferred and obferved, and Untrouth and Injustice leied aparte, and reprefted 3 and fo it is, That of this Bond and Duetie of Obedience to God's Lawe, no Man maie difcharge himfelf by his own Dede or Acte, Promife or Ooth 5 for elfe, of the con- trary, would infue inumerable Inconvenience. Wherefore, fithe it is foo, that the Mater of the Title and Clayme of the faide Richarde Plantaginet is openlie true and lawful, and grounded upon evident Trouth and Juftice, it followeth, That Man fhold have rather Consideration to 'Trouth, Righte, and Juftice in this Matter accordingly, with the Will of the Lawe of God, then to any Promife or Othe made by him, into the contrary, confidered 3 namely, that by the Lawe and Determination of. Holie Church, an Ooth made by one Perfon, unto the Preju- dice or Hurte of another, contrarie to Trouth, Juftice, and Charitie, in the which ftandeth the Plenitude and Perfection of God's Lawe, is voide, and of none Effect, nether in any wile Obligatorie, and that the Vertue and Nature of an Othe, is to confirm Trouthe, and, in noe wife, to impugne it. And over that, that by the Oothe of Feaute, Homage or Ligeaunce noo Man is bounden to any inconvenient, or unlawful Thing. And howe be it, that this Aunfwere is fuffifant to all Maner Objections that maie be made agenfte this Clayme and Entent in this Partie by Reafon or Occafion of any Oothe, yet Nathe- lefs the faide Richarde, for afmoche as the Matter of Oothes is a Matter Spiritual, for more Declaration of his confeient Hone- ftie and Trouth in this Partie, offreth himfelfe redye to aun- fwere before any Judge S. competent in Place and Tyme co- venable to all Mannere of Men, that any Thinge wille purpofe agenft him in that Behalfe. And CONSTITUTION. 317 And to fliew clerely that lawfully vvithouten Offence of God and Confcience, he maie claime and purfue his Righte, and dejire fuflice, in fuch Foormee as he dooth, and that all other Perfones, and, namely, the Peres and Lords of this Realme maie, and by the Lawe of God and Man, aughte, to helpe and aflifte him, in Trouthe and Juftice, notwithftandinge any Othe of Feaute, or other by him, or theim herebefore made : Over this, where it is thoughte alfo, that it is to be called XV- alfo to Remembrance, the grete and notable A&es of Parlement, made in divers Parlements, of divers of the King's Progenitors, the which Actes bene fufficient to be leide agenft the Title of the faide Due, and of more Authoritie then any Cronicle, and alfo of Authoritie, to defete any Manere Title made to anye Perfone : And alfo, where it is faide, That it is to be leide agenfte the faid Title, divers Intailles made to the Heires Males, as for the Corone o^ England, as it maie appeare by diverfe Cronicles and Parlements : The faide Richard Plant aginet anfwereth and faieth, That in Trouthe there been None fuche A<5tes and Tailles been made, by any Parlement here-before, as it is furmifed, hut oonly in the vijth Yere of King Herry the Fourth, a certen A&e and Ordenance was made in a Parlement by him called, wherein he maude the Reaumes of England and France, amonges other, to be unto him, and the Heires of his Body comynge, and to his Foure Sons, and the Heires of their Bodyes comynge, in Manere and Fourme, as it appereth in the fame A<5te -, and if he mighte have obteigned and reioifed the faide Corones, &c. by Title of Inheritance, Diicent or Succeffion, he nether neded, nor wold have defired or made them, to be granted to him, in fuche wife as they be by the faid Acte, the which taketh mo Tlace, nether is of any Force or Effect agenft him that is Righte Inheriter of the faid Corones, as it accordetn with God's Lawe, and all natu- ral Lawes, howe it be that all other Afies and Ordenances made in the faide Parlement, and fithen, ben good and fuffifaunte agenft all other Perfones. L 1 1 1 Item. 3 18 The BRITANNIC XVI- Item. Where it is thoughtc, that if the faid Due fhuld make any Title or Clayme, by the Line of Sir Leonell, he fhuld beare the Armes of the fame Sir Leonell, and not the Armes of Edmond Laugley, late Due of Torke 5 The faid Due aunfwereth and faieth, That Trouth is, That he mighte lawfully, have borne the Armes of the faid Sir Leonell here before, and alfo the fame Armes that Kinge Edward the Third bare, that is to fay, the Armes of the Reaumes of Eng- land and of France ; but he abjieyned of bearinge of the faid Armes, like as he abfteyned for the Tyme, of Purpofeinge and Purfueinge of his Righte and Title, &c. For Caufes not un- hiowne to all this Reaume 5 for thoughe Righte, for a Time, refle, and be put to Silence, yet it Rotteth not, nor /hall not Perijloe. XVII. Item. Where it is alledged agenft the Title of the faid Due, That the faid Harry of Darby, at fuche Tyme as he tooke upon him, the Corone 0$ England, faide, That he entred and tooke the famee Coroyie upon him, as Righte Enheriter to King the Third, and not as a Conqueror ; The faid Due thereto faieth, That fuche Sayinge of the faid Kinge Herry the Fourth, may, in noo wife be true, and that the contrary thereof, which is Trouth, ifial be largely inoughe fhewed, approved, and juftified by fufficient Authoritie and Matter of Recorde ; and over that, That his faide Sayinge was oonly to JJjadowe and colour fraudulently, his faide Unrightwife and violent Ufurpation, and by that Moien, to almfe difceyva- blye, the People ftandinge aboute him. XVIII. Item. The Saturday the xvij Daie of this prefent Pariement, it was fhewed unto the Lordes S. and T beinge in this prefent Pariement, by the Mouthe of the faide Chauncellor, that the faide Due of Torke, called Beftlie, to have haftie and fpedie Aunfwere, of fuche Matters, as touched his Title abovefaid, &Ut) l)0\lJC, that for afmoche as it is thoughte by all the Lordes, that Thefe are the Title of the faide Due cannot be defeted, and in Efchuinge Duke's con. of the grete Inconvenients that may enlue, a £pftlUC was founde tnving to fave the Kinge's Honour and Aftate, and to appeafe the faid Due if he wuld, Xl)i)lCl) IS tl)tS> That the Kinge fell kepe the Corones and his Eftate and Dignitie Roiall, duringe his Life, and the faid Due, and his Heires, to fuccede him in the fame, exhortinge V9 CONSTITUTION. exhortinge and fteringe all the faid Lordes, that if any of them coulde hnde any other, or better ^itlHC, that it might be fhevved. Whereupon, after fad and ripe Confideration in this Mat- ter hadd, it was COllcUtDet) ant) ^CRCCtS, by all the faid Lordes, That lithe it was fbo, that the Title of the laid Due of Torke cannot be defeted, and in efchuinge the great InconvenientSThefe are that might infue, to take the Meane above reherced, the OthesI) V u ° k r 5 s s "Y a ni that the faide Lordes had made unto the Kinge's Highnes at ins - Coventre, and other Places faved, and their Confcients therein clered ^ and over that, it was agreed by the faide Lordes, That the faide Meane fluild be opened and declared to the Kinge's Highnes -, and forthwith they went towards the Kinge, where he was in his Chamber within his Pallace of Weflminjier 5 tint) lit ti)CUX SOingC oute of the Parlement Chambre, the faide Chauncellor asked of the faid Lordes, That Jithe it was fooe, that the faide Meane Jhnlde be opened by his Mouthe to the Kinge's good Grace, yf they would abide by him, howfiever that the Kinge tooke the Matter ? And all they aunfwered and faide, Tee. All theis Premiffes., thus (hewed and opened to the Kinge's Highnes, he, Infpired with the Grace of the Holie Goofte, and in Efchuinge of Erfufion ofChriftien Bloode, by good and fadd Deliberation and Avice, hadd, with all his Lords S. and T. Condefcended to Accorde, to be made betwene him and the faide Due, and to be Authorized by the Auctoritie of this prefente Parliamente $ %\}t XtUOttt of which Accorde hereafter enfu- ethe in Manner and Fourme followinge. Blejfed be Jhu', in whoos Hand and Bountie reflet h, and iscor.cordk the Teas and Unit ie betwixt e Trine e, and the Kele of every tf gem e &c Reahne, thurgh whoos c Diretlion ^IgJfCD it is, Appointed and ^ e c ^ um Accorded, as fol/oweth, betwixt e the mofie highe, and inoft mightie 'Prince Kinge Herry the Sixte, Kinge of Eng- land, and of France, and Lord of Irelond, on that oon Tartee 5 and the righte highe and mightie Trince Richard Plantagenett, Due of Yorke, on that other Tart'ie ; upon certayn Matters of Variance, moeved betwixt them^ and in efpefciall, upon the Clayme and Title unto the Corones of England, and offraunce, and Roial Power, Eftate, and Dignitie, appevteigninge to the 7 fame, 320 tfje BRITANNIC fame, and Lordfoipp of Irelond, opened, floewed, and declared, by the faid Due, afore all the hordes S. and T. beinge in theis prefent Parlement $ the faid Agr e me nth, Appointment, and Accord, to be 3iucto?ifco Up ttje fame parlement* Firfte, Where the faid Richard Due of Torke, hath declared and opened as above, his faid Title and Clayme, in Manner as followeth : That the Righte Noble, and Worthy Prince y Herry King of England the Thirde, had Iffue, and le- fully gate Edward his Firfie begotten Sonne, borne at Weft- minfter the xv. Calend of Juill, in the Vigill of St. Marc and Marcellian, the Tear of our Lord MCCXXXIX 5 and Edmonde his Second gotten Sonne, which was borne on St. Marcell T)ay, the Tere of our Lord M,CC,XLV- the which Edward, after the T)ethe of the faid Kinge Herry his Fader, entitled and called, Kinge Edwarde the Fir ft, had Ijfue Edwarde his Firji begot- ten Sonne, entitled and called, after the Decejfe of the faide Firji Edward his Fader, Kinge Edward the Second, which had Iffue, and lefully gate the right noble and honourable Prince Edward the Third, true and undoubted Kinge of England, and of France, and Lord of Irelond, which Edward the Third, true and undoubted Kinge o/Englond, and of France, and Lord of Irelond, had Iffue, and lefully gate Edward his Firji begotten Sonne Prince of Wales, William Hatfield Second begotten Sonne, Leo- nell Third begotten Due of Clarence, John of Gaunte Fourth begotten T)uc of Lancaftre, Edmond Langley Fife begotten T)uc of Yorke, Thomas Wodeftock Sixte begotten T)uc of Glou- cefter, and William Windefore the Seventh gotten 5 the faide Edward Prince of Wales, which died in the Life of the faide Edward Kinge, had Iffue and lefully gate Richard, the which fucceeded the fame Edward Kinge his Grandjire in Roiall Dig- nit'te, intitled and called Kinge Richard the Secunde, and died without Iffue, William Hatfield the Secunde gotten Sonne of the faide Edwarde Kinge died without Tffue, Leonel the Third got- ten Sonne of the fame Edward Kinge, Due of Clarence, had Tffue, and lefully gate Phelipp his only Daughter and Heir, which by the Sacrament of Matrimonie, copied unto Edmund Mortimer, Erie of Marche, had Tffue, and lefully bare Rogier Mortimer Erie of Marche, her Sonne and Heir, which Rogier Erie of Marche, had Tffue and lefully gate Edmund Erie of Marche, Rogier Mortimer, Anne and Alianore, which Edmund, Rogier, and Alianore, dyed without Tffue, and the faid Anne, under t the CONSTITUTION. 321 the Sacrament of Matrimony, copied unto Richarde Erie of Cambridge, the Sonne of the faid Edmonde Langley, the Fife gotten Sonne of the faid King Edwarde, as it is afore fpecifyed, had Ijfue, and lefully bare Richard Plantagenet commonly called Due of Yorke ; the faid John of Gaunte the fourth gotten Sonne of the faide Kinge Edward, and the younger Brother of the faide Leonel, had Tjfue, and lefully gate Henry Erie of Derby, •which incontynent, after the Time, that the faid Kinge Richard ah A£b of Rejlgned the Corones of the faide Roialmes, and the faide Lord" £e d mk°ted. JJoippe e/lrlonde, unrightwifely Entered upon the fame, then beinge ah Afts of on live Edmund Mortimer, Erie o/Marche, Sonne to Roger comniom nd Mortimer, Erie of March e, Sonne and Heir of the faide Phelippe,^ 1 " 5 "^ "Daughter and Heire of the faide Sir Leonel, the third &onne xo beKing, of the faide King Edward the thirde, to the which Edmund, "' the Righte and Title of the faide Corones and Lordjhippe, by Law and Cuflome, belonged. To the which Richard T)uc of Yorke, as Sonne to Anne, Daughter to Rosier Mortimer, Erie of Marche, Sonne and Heire to the faid Phelippe, Daugh- ter and Heire to the faid Leonel, the third gotten £o?me of the faide Kinge Edward the third, the Righte, Title, Dignitie Roial, and Efiate, of the Corones of the Roialmes of England, and of France, and of the Lordfhippe and Land of Irelonde, ' of Righte, Lowe and Cuflome, apperteigneth and belongeth, afore any Tjfue of the faid John of Gaunte, the fomthe gotten Sonne of the fame King Edwarde. The faid Title, Nathelefs notwithftandinge, and without Tre- XX. judice of the fame, the faid Richard Due of Torke, tenderly deflreing the wele Refte and Profperitie of this Lande, and to fett a parte all that mighte be Trouble to the fame, and confi- deringe the 'Pojfeffion of the faid Kinge Herrye the Sixte, and that he hath for his Tyme, be named, taken, and reputed, Kinge of England, and of France, and Lorde of Irelonde, is content, agreed, and confenteth, That he be had, reputed, and taken Kinge of Englande, and of France, with the Roial Eftate, Dignitie, and Premynence, belonginge thereto, and Lorde of Irlond, during his Life natural, and for that Tyme, the laid Due, without Hurt or 'Prejudice of his faid Righte and Title, fhall take, wurfljippe, and honour Him, for his ^>Qi)CnMU0 Item. The faide Richarde Due fhall promitte and binde him, XXL by his folempne Othe, in Manere and Fourme as followeth. M m m m In 322 The BRITANNI C In the Name of God, Amen. I Richard Due of Yorke, promitte and fwere by the Feith and Trouth, that I owe to Ahmghtie God, That I Jball never dooe, confent, procure, or fiurre, di- retfly, in prive, or a partener, as muche as in me h, andfiall be fuffer to be dooe, confuted, procured, or furred, any thinge that maye be, or fowne to the Abrigcment of the natural Life of Kinge Herry the Sixte, or to the Hv.rte, or amenufinge of his Reigne, or Dignitie Roial, by Violence, or any otherwife, agenf his Fredome and Libertee $ but that yf any Terfone, or Perfones, el'e, Love, and Affection, that the fame Due bare of Godly and Blifled Vertues, and Natural Difpofition to the reftfull Governance, and Policie of the fame Reame, and the Comyn Wele thereof, which he loved all his Lyf, de- fired, and preferred, before all other Things Erthly, though all the faid Lords Spirituell and Temporell, after long and mature deliberation by them had, by good Advis upon the feid Right and Title, and the Authorities and Records proving the fame the Anfwers thereunto given, and the Replications to the fame made, knew the fame Right and Title true by them, and the t feid ^8 The BRITANNIC feid Comyns foe Declared, Accepted, and Admitted, in the fame Parlement, it lyhed him at the grete Injlaunce, Defire and Requeft of the feid Lordes folempnly, and many Tymes unto him made, to ajfent and graunt unto a Convention, Concord, and Agreement, bitf the Royall feid Power of the Benigne, and Noble Difpo- fition, that he bare to the feid Comyn-wele, and to the Reft and Tranquility of the feid Reame, JJmld have Caflells, Manors, Londs, and Tenements, to the Yerely Value of X. M. Marks, whereof the Erldome and Cite of Chejlre, was Parcell, AtTigned to the fame Due, by a fpecial Act made in the feid Parlement, the which Erledome and Cite, the feid Due gave, among other, unto our feid Sovereign Lord, then being Erie of Marche, as Parcell of Mannors, Lordfhips, Lands, and Tenements, of the Yerely Value of III. M. V- C. Marks, which, by Virtue of the feid Convention and Concorde, and the Acte thereof made, was geven unto him for the Sufientanon of his Eitate, abidyng and perfevering like a true thriften, and honurable Pry nee, in full Purpofe, to keep and obferve the feid Convention and Concorde, for his Partie ; Trujling verreily, that the feid Henry, late called King Henry the Sixt, wold have truely, faithfully, and juftly, keped and obferved for his Partie, the fame Con- vention and Concorde inviolable, as by Lawe, Reafon, and Pryncely Honour, and Duete, he was bounden to doe, and not have departed and varyed from fuch Convention, nttlftC Up fOO DiQi1, anD (00 gjcat ^uftojtte, as it Xbas \mm, wbenimto, neither our feid Sovereign Lord, ne the feid Noble Prynce, affented, but without Prejudice of the feid Right and Title, as it is pleynly fpecifyed in the leid Acte, made uppon the feid Convention and Concorde • atlD under Proteflation and Condition, that the feid late King Henry jfhuld kepe and perfourme, with- out Fraude, or Male Ingyne, all Things therein contained for his feid Partie, declared openly by their Mouths, in the Prefens and Heryng of the feid Lords, in the feid Parlement 5 aitl) therein dtftCtelJ of Recorde, at the grete Inftaunce and Prayor of the fame late King Henry the Sixt, atTD at the folempne Requeft of all the feid Lords 5 3?0£ the tender and fpeciall Zele, Love, and Affection, that he bare to the Refte of the feid Reame, and to the Comyn Wele and Policie thereof, tohe his Voyage of good, bliiTed, and vertuous Entent and Difpofition, toward the North Parties of the feid Reame, to Reprefs and Subdue certain Ry- otts, Rebellions, Infurrections, and Comotions, there bigonne j 2luD ti)t $frlt\\Vdt§, notwithftandinge the feid Henry, late called King Henry the Sixt, continuing in his ould Rancour and Malice, ufing the Fraide and Malicioufe Defceit and Diffi- mulation, agenfl Truth and Confcience, that accorde not with the Honour of any Chriften Prynce, to th' Entent, that the feyd Agreement, Concorde, and Acte, fliuld take noo due Effect, O o o o and 330 The BRITANNIC and into the Fruftration of the fame, and the Matiers and Thyngs above reherfed ( that is to fay ) That neither the feid Richard Due ftiuld have, ne Enjoye the fame Caftells, Manors, Lands, and Tenements, Name, Title, Reverence, and Wur- fhip, above reherfed, neither he, ne his Sonnes and Heirs, iuc- cede in the feid Corones, Roiall Eftate, Dignitee, and Lord- fliip, after the Tenor, Fourme, and EfTed, of the feid Agree- ment, Concorde, and Acte, with all fubtill Ymaginations, and difceitfull Weys and Meanes, to him poffible intended, and co- vertly laboured, excited, and procured, the fynal T)eflru£iion, Murdre, and 1)eth, of the feid Richard Due, and of his Sonnes ( that is to fay ) Of our feid nowe Sovereigne Lord King Ed' ward the Fourth, then Erie of Marche, and of the Noble Lord Edmund Erie of RutMand : And forth' Execution of his damp- nable and malicious Purpofe, by Writeing, and other MelTages, moeved, excited, and fturred thereunto, the Dues of Excefier and Somerfett, and other Lordes, being then in the North Par- ties of this Reame 5 whereupon, at Wakefeld, in the Shire of Yorke, the Icid Due of Somerfett f.dfel , and traiteroufly, the fame Noble Prince Due of Torke, on Tuifday the xxxth Day of 'December lafl: palled, horribly, cruelly, and tyrannouily, Mur- dred, and alio the worthy and good Lordes Edmund Earl of Ruthland, Brother of our feid Soveraigne Lord, and Richard Erie of Salusbur% and not therewith content, of their infaciable Malice, after that they were dede, made theym to be heded with abomynable Cruelte, and horrible Defpite, agenft all Humanite and Nature of Nobles 5 and after that, the lame Henry gretely and wonderfully joying the feid doloroufe and piteoufe Murdre of the fame Noble Prince, and Worthy Lordes, to the feid Reame, an hevy, and a lamentable Sorrow and Lofs, forth- with, and often-times after, openly declared to diverfe Lords of the fame Reame, that he would not in any wife kepe the feid Convention and Jccorde, \\Z the Acte thereof made, and ro'th' Infraction and Violation of the icid Convention and Con- corde, not oonly fent Lettres, made under his Privy Seale, unto certeine Knights and Squires, comanding and chargeing them by the fame, to fpoil and difleife our ieid Soveraigne Lord, by the Name of Erie of Marche, of his PolTeffion of the feid Erledome and Cittee of Cheftre, whereof he was law- fully Poflelled and Seazed, by Vertue and Reafon of the feid Convention and Concorde, but alio of extreme Violence, utter and final Breche of his Partie of the feid Conventions and Concorde, lent out Writts under his Seale, to the Major, Al- dermen, CONSTITUTION. 33 1 dermen, and Commonaltie of the Citie of London, bereing Date the xxijd Day o/Feverere laft part, and other lyke Writes, to dvvers Officers, Governors, and Miniftres of dyvcrs other Citees, and to many Shires and Boroughs of the leid Reame to make fals, untrue, and injurF Proclamations agenfr. our ieid Soveraigne, and Liege Lord, King Edward IV. by the Name of Edward late Erie of Marche, to provoke and excite his Deitruction : And alio by his Letters Signed with his Hande, directed unto the feid Duces of Exceft er and Somerfet, and other Lordes, refufed and denied to kepe and obferve the feid Accorde and Convention, and Agreement, and by the lame Wnte'ingfal- Jing his Promife, departed from the feid Convention and Ac- corde, afore either the fame, our Sovereigne Lord, or the feid Noble Prynce his Father, any Thing did, or attempted to the contrarie of the fame Convention and Concorde for their Partie. 2i3e It DCClatCD ailD |UgCU, by the feid Advis, and Confent, and Auclontie, the PremiiTcs considered, That the feid Henry, late called Henry VJ. agenft good Feith, Trouth, Confcience, and his Honour, T5J&&C the faid Convention and Concorde, and de- parted therefrom, of wilrull Malice, long afore the feid 4th Day of March, as by the Matiers, afore-declared, it apperith iufficiently 5 and that the 2li5jCClK thereof on his Partie, dif- charged our feid Soverayne Lord of all Things that fhuld or might charge him to the kepeing thereof in any Article or Poynt after the feid 2!6jCCl)f, and that he was then at his Ereedome, and Libertee to ufe his feid PJght and Title of the leid Coronnes, and to entre into tlf Exercife thereof, and of the Roiall Power, Dignitye, and Preeminence longing thereunto, as he lawfully didd in Manere and Fourme above ipecifyed, the feid Convention and Concorde, and the A£te thereupon made, or any Thing therein conteined notwithstanding : And, over this, it \}t Declared and Juged, by the feid Advis, Affent and Audtoritie, That the abovefeid Agreement, Concorde and A6ie, in all Things, which been in any wife repugnant, or contrary to the feid Right, Ti- tle, Entre, State, Seafon, and PotTeiTion of our feid Sovereigne Lord King Edward IV . in and to the Coronne Royal, Eltate, Dignite, and Lordfhip abovefeid, be void, and of noo Eorce, ne Effetf, and that it bt Ordained and Stablifljed by the feid Alfent, Advis, and Au&oritie, that every Perfon haveyng any Parcell of the feid Caftells, Manors, Lands, Honors, Tenementes, Rentes, Services, Poikffions or Hereditaments abovefeid, the which were £even in Eidiaur,<;e, or in Recompence of, or for any other Manors, jQaitclK Land-, Tenementes, Rentes, Avoufons, Fee- ' Farmes, 332 7fo BRITANNIC Varmes, Reverfions, or any other Pofleffions or Enheriditaments geveri to the feid Henry late Erie of Derby, to the (aid Henry his Son, late called King Henry V. or to the feid Henry his Son, late called King Henry VI- or to any other Perfone or Perfones; or to, or for their, or any of their \Jk, or at any of their Defire, or to perfourme and execute their, or any of their Will, mowe entre, and that they, and their Heires and Succeflbrs, entre into the fame Manors, Caftles, Lands, Tenementes, Rentes, Services, Poffeffions, Advowfons, or Hereditaments fo geven, and theym nave, holde, kepe, joye, occupye and enherite, of like Eftate as the Gever or Gevers thereof, had them at the Tyme of the Gift thereof made., though it be foo, that in any of the Lettres Patents or Geftes made of any of the Premises, noo Mention be made of any Recompenfe or Efchaunge. §hta quidem 'Pe- tit tone in Parliamento predifto left a audita & plenius hit elk ft a de avifamento & affenfu dominorum Spiritualium & Temporalium hi eodem Parliamento exijlen & ad reqaijitionem Commun'ttath predftie refpondebatur eidem inodo & forma hie inferius anno- tatis. The King, by the Advis and Aflent of the Lords Spirituell and Temporell, in this prefent Parlement Aflembled, at the Requejl of the Comyns, being in the fame, agreeth, and affent- eth to this Petytion, and hyt accepteth, ll)itt) certaine Modera- tions, Provifions and Exceptions by his Highnes thereupon made, and in certayne Cedules written, and in the fame Parlement Delyvered, the Tenours of which here under followen. And then follows the Number of Fourfcore Provifo s, whereby was provided, That this Aft or 'Declaration, JJjall not extend to hurt, 'or prejudice the federal c Perfons in thofe Provifos named, who claimed by particular Grants from the three Henry s of the Houfe of Lancafter. It is Apparent, from the Parliament Roll of thefe Proceedings, That this formal Reprefentation, dated in the Commons Peti- tion, did not pafs into a Law, or an Acte of Parliament, for two Reafons 5 Firft, Eecaufe when King Edward IV- affented to the Petition, he Added many Provifos and Rejlriftions to fuch his Confent j which is Unparliamentary 3 Firft, Becattfp the King is, by the Conjlitution, Excluded from Making fuch Additions, Conditions, or Alterations : Secondly, Becaufe when thai CONSTITUTION. 333 that Quflion came under 'Debate in this very Kings 'Parlia- ment, Whether the Royal Ajfent Given by the three Henrys, to Acts or Statutes pafled in their Parliaments, did make them ty&XC of the Laws of the Land, or not ? It was Refolved in the Affirmative, as hereafter will be Related : From whence it Appears, That the three Lancaftrian Kings were Lawful Kings, and that the Right of King Edward IV- was grounded on the faid Parliamentary lontratf, or Settlement of the ^>\\iti{{\^\\ -, (without which, he had not fucceeded to the Government : The Conclufion is therefore ftrong, That this Kings Title, was founded, not, on an Hereditary, but, on a Parliamentary 3&lCjt)t» The lingular Inftance of a Breach of this Conflitution, that was made in the Firft Year of King Henry Vllth's Reign, merits at this Period, a particular Advertifement 5 the Manner was thus ; King Richard III. had procured an Aff to pafs in his Parlia- ment, whereby King Henry VII- when Earl of Richmond, of the Houfe of Lancafter, for Attempting, with Forces to invade England, was Attainted of High Treafon 5 but when that Earl was placed in the Throne, by the Name of King Henry VII. his Judges Declared, that That Aff, or Statute of Attainder, was, by his AcceJJion to the Crown, become null and void, with- out needing any Repeal thereof, by 'Parliament : Which was the Exercife of a Power, from which might be inferred dangerous Confecjuences 5 for whenever a King hath as ftrong a Sword in Clarendon, his Hand, and the People happen to be in a Frenzy, and as ol - r 45°- much at his Devotion, the making and Declaring Laws, will be of equal Facility, although not with Juftice or Legality, equal to that Facility. The Logick of this Power, over Acts of Parliament, may poflibly be carry 'd, and hath actually been carry 'd, to Affect other Cafes, and hath been pretended to, to make other Acts of Parliament precarious, and the Form of Government altera- ble •, although this Constitution, hath fo carefully and warily fenced out, and excluded, all fuch alTumed Powers and Autho- rities 3 and therefore this Opinion of the Judges, made a Prece- dent, that ought never to be followed, and yet it was after- wards Imitated, in the Cafes of the Ship-Money, and of the Difpenfing Power 5 which produced violent Convulfions. Pppp BREACHES 334- uod pvinc'ipi placuit Legis habet Vigorem. They give the King the fole Power of Impoiing Taxes on the People without their Confent. They give the King the fupreme Judicature, in his own Per- fon, of all Controverfies, Civil and Criminal, and Power to pronounce Judgments with his own Mouth 5 to Imprifon, and to execute Puniffiments at his Pleafure, without Appeal. And, therefore, by Colour of thefe Laws, where they pre- fide, when a Gentleman, or Nobleman, is accufed of a Crime, he is not to be conven'd before ordinary Judges, but is talked with in the King's Chamber, or in fome other private Place 5 and if the King judgeth him Guilty, he is, without any Form of Judgment, and without being heard, to defend himfelf, put Q.cj q cj into- 338 The BRITANNIC into a Sack, and, in the Night-time, privately hurled into the River and drowned. The King's Minifters being great Proficients in the Civil Law, became immeafurably addicted to a fole Monarchi- cal Sort of Government, and could not bear with the Common Laws, or with the Rules of Government in England, or with any Counfels that pointed at any Reftrictions, efteeming the Acts of his Majefty's Government, to be above all Controul, and not Inquirable into, nor to be Controverted. This Fever of the Mind, in the King's Minifters, became Incurable $ for the Diftemper could never be (either by Difap- pointments, or by being Vanquished in Battle, or otherwife) Cured or Removed. SECT. III. THE Acts which, in the firft Fifteen Years of his Maje- fty's Government, difcontented the People, were Numerous- but to remember fome of them, may, for the Purpofe in Hand, be Sufficient. The Unhappinefles which this Reign fell under, were the firft, and early, Contentions and Controversies, between his Majefty, and the Houfe of Commons, touching the moft effential Parts of the Conftitution, following, viz. I. Touching the ^OtbCt and Authority of Impofing Taxes, and Levying Monies, upon the People, and therein, whether the King had a Right or 'Power, to Impofe and Levy the Cu- fioms of Tonnage and Poundage, or to Impofe Duties on Wines, mid other Merchandizes Imported, without a previous Grant thereof in Parliament. Xt)i£ t&OlbCt the King aflumed, and challenged as a Right, under the Name of his undoubted Prerogative, and grafped the Pretence fo hard, as never to part with it, 'till he wanted Strength to hold it. %t)C COIlttllOttS, on their Part, aflferted the Fundamental Form of this Government, and denied this Legiflative Power, and never CC&frD Stru ggbng, 'till they had AiTerted and Vindi- cated "^ CONSTITUTION. cated the Conftitution, and their own Original Right, and Sole Power of giving or denying Money, and impofmg Taxes by- Grants thereof in Parliament. II. Touching Parliamentary Proceedings 5 whether the Com- mons were obliged to obferve and obey the King's Mejfages and Directions, in giving ^CfffcCUCP to the Matter of Supplies, preferable to the Redrefs of Grievances, and to depend on his Royal Promifes, for Time and Opportunity to dilpatch their other Bujinefs 5 or whether the Commons might proceed at their own Difcretion, and to give Precedence, to their Inquijitions and 3&CD#iS of Grievances, and Poftpone Supplies, which imply d a ijj^OXDCT to deny Supplies, unlefs their Grievances were firft Redreffed. His Majefty infifted, That the Commons ought, to obferve his 'Directions, in giving f^CCCDCHCC to the Supplies he required, as if that were the main End and Bufinefs, for which Parliaments were Ordained and AlTembled 5 and the rather, ilnce he had the Sole Power of their AlTembling, Sitting, and DilTolution. The Commons, on their Part, denied any $0tt)Ct to man- age them after this Manner, and AlTerted their own Rights and Privileges, to proceed in giving Precedence, either to Sup- plies or Grievances, as they judged moll convenient. III. Touching the Commons 3ftujl)t and Power, of Inquiring into the Demeanor of the King's Ministers and nearejt Servants, and Impeaching them for Mifdemeanors. This was denied on one Side, and challenged by the other, in the Manner before exprefTed. IV. Whether the Members of Parliament, Jhould enjoy that Liberty of *ggs Sanderf. 45. (by whom the Articles of Impeachment, were Reported and Read) and Sir John Elliot (by whom the Crimes were, in a pathetical Speech, aggravated) were beckon'd out of the Houfe, as if fome Gentlemen wanted to fpeak with them 3 but when they came into the Lobby, two Meffengers, of his Majefty's Chamber, by Virtue of a Warrant Signed by the King himfelf, arretted them in the Lobby, for what they had fpoken in the Houfe, relating to that Impeachment, and carried them Prifo- ners to the Tower 3 where they lay after the DilTolution, until the Judges (being required) certified their Opinion, That this Arreft and Rejlrqhit (without giving any Reafon to the Houfe) was an Arreji of the wJjole Body of that Houfe 3 whereupon his Majeity Releafed them 3 but it is not Remembred, That any Satisfaction, was ever given, either to them, or to the Houfe of Commons, for this Provoking Violation of Parliamentary Rights, or for the Injurious Imprifonment. In this Second Parliament, there was a Mention and Intention clarendon Declared, of granting five Subfidies, a Proportion fcarce ever, VoLI - * before that Time, heard of in Parliament 5 and although that Par- liament was, upon unpopular and unplaufible Reafons, immediately DiiTolved, yet the King caufed thofe five Subfidies to be exacted, and levied upon the People, with the fame Rigour and Impe- rious Power, as if, in Truth, an Act had parted for granting them 3 for divers Gentlemen, of Prime Quality, in feverai Counties of England, were, for refufing to pay the fame, com- mitted to Prifon, with great Rigour, and extraordinary Cir- cumstances. SECT. ?44 The BRITANNIC SECT. VIII. THE Intermiffion between the Diflolution of this fecond Parliament and the Meeting of the Third, continued one Year and nine Months, during which Time, his Majefty Exercifed a Legiflative Authority, or Arbitrary Power, then called his Royal Prerogative, and levied on the People 200,000 /. by Letters, requiring all Men to lend him Money, according to the Rates they were affefled at, in the laft Subfidy : The Caufes, and Grounds of this Commiffion, to require the Loans, deferve to be obferved, viz. That the King and his allies were in "Danger 3 That the 'Parts beyond Sea, wlxre our Cloth was Vended, and from whence came our Naval Stores, were in Dan- ger 3 That although a Parliament had been Affembled, yet no Supply had been Granted 3 That his Majejlys NeceJJities had multiplied his Enemies 3 That the Kingdom was threatened with mighty Preparations abroad, both by Sea and Land 3 That the very Subfijience of the King and People, was in apparent Danger of irreparable Sufferings, unlefs, not only a fpeedy, but fuch a prefent Stop were made, as could not admit of a Delay to Affemble a Parliament : The Commiffion expreited only the Lending of Mo?ieys y but the Inftruclions that accompanied ir, were compulfory, to Imprifon and bind over to the Board {or Council -Table) fuch as refufed. This Commiffion, and Inftructi- ons amazed the People, becaufe the Caufes and Grounds, for requiring this Loan, were thofe very Matters which, by this Conftitution, are, and ought to be, the Caufes for Affembling, and Advifing with Parliaments 3 and the Defence of the Nation ought not to have been engaged in, or undertaken, without their Advice and Affiftance. Echard 431. However, in Execution of this Commiffion, and of thofe Baker 441. Inftru&ions, many of the great Commoners, all over the Nation were, for refuting to lend, imprifoned 3 not only with provoking Circumftances, but with this Arbitrary Ingredient, That they were Denied the Benefit of their Habeas Corpus, notwithstanding the Warrants for their Commitment, fpecified no Caufe for their Imprifonment. SECT, CONSTITUTION. 34$ SECT. IX. AND during this Interval of Parliament, Doctor Main- waring, the King's Chaplain, preached before his Majefly, two Sermons, in which he alferted the molt Arbitrary Portions, that were ever publifhed 5 (to wit) That the King had a Right, in cafe of 'Danger, to impofe Taxes, and levy Money upon his Subjects 3 and that he was the file Judge of the Danger 3 That the Authority of Parliament was not neceffary, in fitch Cafes 3 That the Ring might punifi the T)ifobedient, who (Jjoidd refufe to pay what Monies he required 5 and that the Troperty of all Goods was in the Sidyeff in Ordinaries, but in the King in Extraordinaries. If the Doctor had proceeeded, and faid of the King, That his Power was fuch, That whom he would, he might Kill 5 and whom he would, he might keep Alive 5 and whom he would, he might make Rich 3 and whom he would he might make Poor 3 which were but neceifary Conferences 3 his Doctrine had been Uniform, and the $dD?traitUrC of Arbitrary Power, Honeflly Reprefented. The Doctor was for thefe Pofitions, fo AlTerted and Pub- lifhed, Impeached in the Parliament of 3 Caroli, and condemn- ed ; i. To pay a Fine of 1000 1. to the King 3 2. To deliver a Paper on his Knees, at the Bar of each Houfe of Parliament, Jigned by him, acknowledging the Enormity of his Offence (which was by him performed) 3 3. To be for ever Difabled to preach at Court 3 4. To be for ever 2DEfa6lC& to have any Ecclefiafi- cal T)ignity : By which Judgment, the Doctor's Pofitions and Principles were, by the Highell: Judicature, branded as Arbitrary and Illegal. And yet, upon the Riling of this Parliament, which was precipitately Dilfolved, the King, by Letters Patents, under the Great Seal of England, patfcOUeD the Doctor, and remitted all his Punifhments, Enriched him with great Benefices, and after that, Raifed him ro be Bifhop of St. T)avid\, Sf ff How 346 The BRITJNNIC How this Part of his Majefty's Adminiftration, may be un- derftood, with Decency, and without Prejudice to his Govern- ment, is difficult to be found j for all indifferent Perfons will conclude, That the Doctor was his Majefty's Agent, and did, by his Minifters private Intimation, publifh to the People, thefe Pofitions, as the Manner of the King's Government ; and that the Doctor's Sufferings in the Caufe of his Majefty's Exercife of Arbitrary Power, were, by thefe fudden and extraordinary Rewards, to be compenfated, and others encouraged, to imitate his Example : For thefe Diftinguifhing Royal Favours, carry'd in them a Contempt of the Lords and Commons, a Saltation over their Rights and Privileges, and a publick Adhering to, and Maintaining the Doctor's Principles. The Doctor continued Bifhop of St. 'David's about 1 2 Years, and until the Meeting and fhort Sitting, of the Parliament, held in April 1 640. in which an Inquifition for the Injury done, by this Affumption to pfttttOtt, was commenced ; but Bifhop Mainwaring dying before the Determination, and other Affairs intervening, the Matter dto^t fub Jikncio. , sect. x. HERE may be feen an Inftance, of thofe Crimina Lefa Libertathj or otherwife, Crimina Lefa Conjlitationis (from the Power of 'Pardoning which, the Crown was excluded) 3 for the Doctor's Pofitions, tended to the General Oppreffion, and to the Stripping the People, of their Rights, Liberties, and Properties, by appropriating to the Crown, the whole Abfo- lute or Law-giving Power, and rendering the two Eftates of Lords and Commons, of no Signification : If the King there- fore, was interefted, and probably influenced the Doctor, to commit the Offence, and if the fame Perfon, being Judge and Party, for whofe Profit, and by whofe Encouragement, the Offence was committed, mould have Power to pardon the Offence itfelf 5 fuch a Power would be inconfiftent with this Conftitution, and with the Reafons, upon which it is founded. SECT. CONSTITUTION. 347 SECT. XL HIS Majefty's Affairs descending into Circumftances, worfe and worfe, jfKCCffity engaged him to call a Third Parliament $ in order to which, he thought fit to difcharge the Gentlemen Imprifoned for denying the Loan ; but the Injuftice and Illega- lity of that Method of Levying Money, recommended to the People, as the beft Patriots, thofe Sufferers 5 and accordingly, many of them were chofen Members for the next Parliament. But it is to be remembred, the Hiftories inform us, That at the Time when the Refolution to call a Third Parliament was taken, Care was alfo taken, not only to bring 1000 German Horfe Echard 434. into England, and to remit 30,0001. for that Purpofe 5 tosanderf.198. the Project of Impojing and Raijlng the Tax of Ship- Money, by Regal Authority, without a Grant thereof in Parliament, was then under the Privy Council's Conjideration, in order to Govern without Parliaments, if this intended Parliament fhould Pofl- pone the Grant of Supplies, to the Redrefs of Grievances. SECT. XII. THE Third Parliament was opened on the 17th of March, 1627, At which, his Majefty, from the Throne, told them, That the Common T) anger from Abroad, was the Caufe of Call- ing this Parliament, and Supplies, the ti)ltf Cttt) Of It 3 and that if they failed in their T)uty, he mujt life thofe other UjBCtlttS, which God had given hhn, to Save what they would Hazard to Lofe j and that he would gladly forgive what was pajl, fo as they would leave their former Ways 5 and yet he now conde- fcended y that they Jhould proceed on the Supplies, and Grievances Pari Paffu. This Parliament, with great Modefty, complied, and gave the King, the greateft Gift, that had ever been given in Parlia- ment ; (to wit) Five Suhfidies ; Depending on the Kings Pro- rnife, for Time to Redrefs their Grievances. The Lords and Commons of this Parliament, behaved mo- deftly, and (lie wed no other Refentment, nor attempted no greater 3+8 ne BRITANNIC greater iftCttyCfe, than a Toft and temperate Bill, called, A Pe- tition of Right, to be pajfed into an Afi of Parliament • by which they hoped, to fecure their Liberties and Properties. This Bill recited Magna Charta, and other Acts, in which were contained, Declarations only, of feveral Parts of the Origi- nal Conftitution, vtZi The Statute of 34 E. I. Tie Tallagio non Concedendo, whereby it was Enacted and Declared, That no Aid floould he lmpofed or Levied by the King, without Aff of Parliament. The Statute of 2 5 E. III. which Declared, That no Perfon Jlmdd be compelled, to make any Loans to the King, or his Site* cejfors. That by other Laws, it was provided, That no Perfon [Jjould be charged with any Impojition called a Benevolence, or with any fuch Charge. The Statute called Magna Charta, which declared, That no Freeman floould be Imprifoned, Diffe'ized of his Freehold or Li- berties, or Exiled, or Destroyed, but by the Judgment of his Peers, or by the Law of the Land. The Statute of 28 E. III. which declared, That no Man floould be put out of his Land, or Imprifoned, or put to T)eath, without being brought to anfwer by due Courfe of Law. The Statute of 25 E. III. which declared, That no Man (loall he Fore-judged of Life or Limb, or Judged to T)eath, but by the Laws and Cujloms, or AcJs of Parliament. Then the Bill reprefented the Violations and 2l5jC*lcftf£ of thofe Laws, which had been Acted and Committed, by the Command and Direction of his Majejly, and thofe Commi/fioned by him, viz. The People being Summoned and Ajfembled, had been required to jLM\X) his Majejly Monies, and for Refufal, had Oaths ten- dered to them 5 and fame had been bound over to appear before the Privy Council, and others jJMHPJlfoncD 5 fome had been Im- prifoned, without other Caufe, than his Majejly s fpecial Com- mand. CONSTITUTION. 34.9 mand, fignified by the Lords of his Privy Council '5 and for that Reafon, had, upon their filing out their Writs of Habeas Cor- pus, been denied to be 26clltcD, and yet were not charged with any Offence 5 to which they might make Anfwer. 'That great Numbers of Soldiers and Maimers, had been 2U5lU£t£D upon the People, to their Vexation. That divers Perfbns had been put to 'Death, by the Martial Law, when they ought to be Tryed, by the Law of the Land ; and divers Offenders had ejcaped the PuniJJmient due, by the Laws of the Land, upon Pretence, That they ought to be Tryed, by the Martial Law, by Commiffions IiTued out, fop |)t£ &pa jtftp, that were Illegal. By the Bill, therefore, were prayed thefe moderate Re- dreffes. That no Man Jhould be compelled to make, or yield any Loan, Benevolence, or other Tax, without Ai~l of Parliament. That 710 Man, for Refufal thereof, Jhould be called to anfwer, or to take Oath, or give Attendance, or be Confined, or Mo- lejled* That no Man Jhould be Imprifoned, or Detained, in any fuch Manner as aforefaid, That the People Jhould not, for the future, be burthened with Soldiers, or Mariners. That no Commijpons for proceeding, by Martial Law, Jloov.ld Iffue, or be Executed. That the King would declare his Will and Pleafure, That all his Officers and Minifters mould ferve him, according to the Laws and Statutes of the Realm. During this Time, that the Bill, called The Petition of Right, depended in Parliament, the King (pared no Pains, to procure fomething to be Inferted, that might make it fignify nothing, viz. That this Claufe might be Inferted, That the Lords and Commons did prefent that Petition to his Majejly, not only with T 1 1 1 a Care 35 O The BRITANNIC a Care of preferring their own Liberties, but with a due Re- gard to leave Intire the £dOUe?C!C{n |£>0Uftt, wherewith his Majefty was XtUltCi), for the Protection, Safety, and Happi- nefs of his People. But that Claufe was rejected, for its Inconfiftertcy and Repug- nancy, becaufe it would have this Senie, That whereas the Petition of Right fays, That no Tax can be j^fHtpofiD, hut by a Grant thereof in Parliament, it might be admitted to be true, That it could not be done by the King's ordinary Power 5 but it might be done by that Sovereign Power, wherewith the Law had Intrujled the King, for the Protection, Safety, and Happinefs of his People. And fo, in like manner, it might be faid of Imprifonment , Martial Law, Sec. and, confecjuently, the Petition of Right would be Felo de fe, and Deftructive of itfelf, and would leave the People in a worfe Condition, than it found them. And thefe Overtures being difliked, the Commons, upon Debate of them, Voted and Declared, That ^OUClTigtl |£0$)££ was no Parliamentary Word, and that there could be no fuch Thing diftintt from the Power of the Law, or a Legal Prerogative. The King, when he came to give the Royal Aflfent, Deli- vered the fame thus. The King Willeth, That Right be done, according to the Ljaws and Cujloms of the Realm, and that the Statutes be put in Execution : That no Complaint might be made, for Wrong or Opprejfion, contrary to his Subjects jujl Rights or Liberties $ To the Prefervation whereof he held himfelf obliged, as well in Confcience, as by his Prerogative. This Anfwer was Deemed, not to Exprefs the Royal Aflent 5 and therefore, the King was pleafed to come again to the Parliament, and caufed thefe Words to be pronounced, as an Anfwer to the Bill, Soit Droit comme il eft T)efire, i. e. Let Right be done, as is defired. The CONSTITUTION. The Commons Apprehending this Anfwer, to be the giving the Royal Aflent, as to an Act of Parliament, Teftified their Joy by a fipif$tp ^>!}0Ut 5 and it might have fo parted, if his Majefty had not Circumcifed their Apprehenfion, by Decla- ring from the Throne, That his true Meaning was, no more than what he had before Granted by his Firjl Anfwer ; for that he well knew, they cOUlt) UOt \)\XXt his Prerogative. In fome fhort Time after the Pa'ffing of this Act, called the 'Petition of Right, his Majefty was pleafed, by a Meflage, to let the Commons know his ^OtJCtrigH Power over them, Inti- mating, That he had given them Notice of a c Day, when he would put an End to that SeJJion 5 and therefore he required them not to enter into any New Bufinefs of Length, which might fpend more than the Time Limited, or which might lay any Scandal or Afperjion upon the State, or Government, or the Minijlers thereof This Meflage Served only to put the Houfe of Commons into a greater Ferment. For this Meflage, together with his Majefty's Declaration, at the Paffing of the Petition of Right, Revived the Commons Diftrufts, That all they had been doing, without doing more, would avail nothing : They therefore proceeded to prepare a Remonjlrance of their Grievances 3 and alfo a Bill for granting to the King, the Tonnage and Poundage 5 In which they De- clared, That there ought to be no Impofition, laid upon the Goods of Merchants, but by Att of Parliament 3 and that the Exacting of Tonnage and Poundage, and other Impojitions, not granted in Parliament, was illeg-al. 3 The King, to obftruct thefe Proceedings, made a Speech in Parliament, to this Effect $ / under/land, that a Remonjlrance is preparing, to take away my Revenue of Tonnage and Poun- dage, one of the chief Maintenances of the Crown, by alledgiiig, I have given away my Right to It, by my Anfwer to your Peti- tion ; i\ow fmce the Houfe of Commons begins to make a falfe Conftru&ion, of what 1 granted, I will declare the true Intent of it : It muft be Conceived, I granted no New, but only Confirmed Antient Liberties : But for Tonnage and Poundage, It is tfSanderf.i: Thing 352 The BRITANNIC Thing I cannot want : It is my own, and was never meant by me to grant : / Command you all therefore, to take Notice, of my true Intent and Meaning, in Granting your Petition. Echard 438. But his Majefty was pleafed to take the Money, by paffing the Bills for granting the five Subfidies, and then caufed this Parliament to be prorogued, Leaving his own Wants, not half fupply'd, and his People, almoft to a Defection, Difcontented- SECT. XIII. DURING the Interval between this Prorogation, and the Beginning of the fecond Seffion of this Third Parliament, which continued about Seven Months, the Great Duke of Buckingham was, by a Military Officer, whom he had difobliged, Aflaflina- ted : This furprizing Alteration happened at the End of 3 Years and five Months, after his Majefty 's Acceffion to the Crown, viz. in Auguji 1628. The Duke's Death caufed a total Change of Counfels and Minifters 5 the Jefuit, Father T) 'Orleans, in his Hiftory of the Revolutions in England, under the Family of the Stuarts, Tranflated, and Published, and Recommended by Mr. Echard, Writes, That Hi/lory being a Court, where all Mankind has a Right to expeffi Jujlice, he muji, for that Reafbn, do the Queen Jo much 'Jtijiice to 'Declare, That (Joe, being a Daughter of France, was full of that Spirit, which warms the Blood of Ab- folute Monarchs, and, as fuch, looked upon a limited Authority (that was not to be ufed without Art) as no better than Servi- tude, and that therefore (he made the utmoji Efforts, to Refcv.e the King, her Husband, and herfelf, from under all Refu- sions. To the Father, may be Added, That the Queen continually Whifpered in the Royal Ear, the Great Renown of the Civil Laws, by which France was governed, and which are advanced in Glory, above all other Laws 5 Becaufe they give to Princes, the greateft Dominion ; for, acccording to them, Quod Principi placv.it, Legis habet vigor em ; The Will of the '■Prince, is the Law : And therefore it is no Wonder the Government fuffered fome Impreffions. The CONSTITUTION. 353 The Father Declares, The Queen was zealous for Refloring in England and Scotland, the Roman Religion, and followed that Zeal in a lofty Manner, and that, for that End, her Majejly always kept about her, a Nuncio of the 'Pope's 3 to ecfflttp, which, when the King averred, no Man durft contradict ; by Virtue whereof, the French Government had JlNpOfcD Taxes, and Raifed Mo- ney, at their Pleafure, without Parliaments. The Queen's Party argued, That the NeceJJtty exprefly Ex- cepted out of the French Act of Parliament, was merely fuper- fluous 5 forafmuch as Necejfity, is Implied, and Excepted out of all Laws, and that the Power accrewing therefrom, might, in all Cafes (where Necejfity appeared) be put in Practice. That as to the Parliament, the Root of all Power Refided in the King, in Regard it was the Royal Command, that gave them Power to meet and come together, without which Call, they had no Authority to Jjfembk 5 and, confecpently, that That Power which called them, was to tell them their Bufinefs, and might prefcribe to them, what they mould, or fhould not, do 3 and that if they were Refractory, the fame Power that called, might, with as much Eafe, difperfe, and fend them Home, and put in Practife fuch Regal Powers, as mould accrew from the Neceffity, to which the Government would, by their Defaults, be Reduced and Expofed. And the King being forward to engage in Enterprizes, pro- mifing fuch Advantages, and being delighted with thefe Foreign Politicks, his Majefty refolved to imitate the French Example 3 and having imbibed the Queen's Principles, and being heated with his own, and the Parliament's, Proceedings, his Majefty, on the 1 oth of March, 1628, went to the Houfe of Lords, and being Seated on the Throne, in his Royal Robes, and the Crown on his Head, and the Lords in their Robes, his Majefty, without fending for the Commons, fpoke to this Effect : My CONSTITUTION. ^ 9 My Lords, It is merely the undutifnl and [editions Carriage. hi the H0)l)Cr=^0Uff, that hath made the T)iJfolution of this "parliament necejfary $ / am jufily dijlajied with their Pro- ceedings, though, it is but fome few Vipers among them, that have cajl this Miji of Undutifidnefs, over mojl of their Eyes : To conclude, my Lords, thefe Evil-ajfeffed Perfons, mufi look for their Puniflhment. And then the King ordered the Lord Keeper to Declare this Parliament to be Difiolved, which was done accordingly, with- out paffing one A (ft in this Seffions. SECT. XVI. M Y Lord Clarendon was pleafed to Write, That this was Vol. 1. s. the Time, when it was difcovered, That a brisk Refolution had been taken, of declining the Ufe of Parliament s y and to govern Vol. 1. c-. without them: For foon after thisDiftolution, his Majefty caufed formal Declaration, as an Appeal to the People, to he pub- lished, fhewing the Caufes which moved him to diiTolve thisEchard Parliament, in which were fet forth, not only Invectives againft many of the Members, but, by Way of Argument, his Majefty aflerted his Right, to levy the Tonnage and Poundage, and on the 27th of that fame Month of March, the King ilTued out his Royal Declaration and Mandate, by a Proclamation under the Great Seal of England, whereby his Majefty took Notice, That the CilUtUS again of a Parliament, was for ill Ends divulged and f pre ad abroad 5 his Majefty did therefore Declare, That the late Abufes, had Driven him out of the Courfe of frequent meeting his People in Parliament : And did Com- mand his Subjects, not to prefcribe to him any Time, for Par- liaments, (the natural Import whereof was, as was generally underftood) That his Majefty had ajfumed an Authority, to lay Clarendon. afide Parliaments, and by his Regal Power, to govern without ll 6] ' them, and thereby alter the Form of Government 5 for if the Subjects were ftripp'd of their Liberty, to fpeak of Parliaments, which was all they could do towards the prefcribing the Time for holding them a multo fortiori were they deprived of their Right to petition for Parliaments From 4.44. 360 The BRITANNIC From thefe plain and inconteftible Fads, may be taken, not only a View of the Matters controverted, between this King and his Parliament, fuia. What were the $0ttKES, his Majejly afpi- red to ? and What were the Rights, the Lords and Commons contended for. Vol. I. 4,*:- My Lord Clarendon, upon this Occafion, is pleafed to write, That from this Proclamation, by which all Men took themfelves to be prohibited, upon the 'Penalty of Cenfure, fo much as to [peak of Parliaments, or fo much as to mention, that Parliaments were to be again called 5 the People argued, and concluded, That no more Parliaments were to be Expected 5 and that there- fore, there was really an Intention to Xlttt t\)t SfOJttl of Govern- ment, of which (faid they) a greater Jnftance cannot be given, than this public k Declaring (as it was Interpreted) That we floall have no more Parliaments. SECT. XVII. IN the Interval between this Parliament and the next, which continued above twelve Years, and, during the Time, in which it was apprehended, That there was never to be any more 'Parliaments 3 the King's Minifters, by whom he admi- niftred, gave themfelves over to Licencioufnefs, and to wanton Acts of Power 5 for they, thinking themfelves freed from Par- liamentary Incjuifltions, and being above the Reach of Ordinary Juftice, and fecur'd from Extraordinary, imagined That no Fault, which was like to find no Punifhment : Supplemental Vol. 1. 6-. Acts of State ( i. e. Proclamations ) were therefore made, and ilTued, to fupply Defects in Law. Tonnage and 'Poundage, and other Impofitions on Merchandize, were collected, by Order of the Board ; and, in particular, the Members Turn, came now to be punifhed, according to the King's Threatnings, at the Clofe of the laft Parliament 5 by which the principal Privilege, viz. Freedom of Speech, was (as the Minifters hoped) to be Extinguished : The Minifters therefore caufed Three Members of of the Houfe of Commons, viz. Sir John Elliot, Denzil Holies, and Benjamin Valentine, to be profecuted by his Ma- jefty's Attorney-General, for Words by them fpoken, in their Debates in Parliament, The f CONSTITUTION. 06 The Words were thefe, The King's 'Privy-Council, his Judges, and his Council Learned, have confpired together to Trample under their Feet the Liberties of the Subjects of this Realm, and the Liberties of this Houfe. To this Information, thefe Members pleaded, That thefe Words being fpoken in their Debates in Parliament, the fame ought to be there examined and puniflosd, and not elfewhere 5 but, without Regard to Parliamentary Privileges, thefe Members were condemned, as STMtebftS Of tl)t &tm, and fined, */». Sir John Elliot, 2 000 /. Mr. Holies, 1 000 Marks, and Mr. Va- lentine, 500 /. and all of them were imprifon'd till they fhould pay their Fines 5 which 3?!Hp?tfonin£tlt was accompanied with fome Arbitrary Severities 5 for thefe Gentlemen were Denied, not only Pen, Ink, and Paper, but their Wives were, in their Sick- neifes, Denied Admittance 5 and, confequently, the Rigour of the Punifhment comprehended an additional Sentence of ^Divorce, between them and their Wives 5 infomuch, that Sir John Elliot, after many Years Confinement, funk, and died under the Op- preflion. But this Profecution and Condemnation, being a G&lQUUD given to the Two Eftates of Lords and Commons, in their ten- dered Privilege, and having raifed great Difcontents, was, in the Reign of King Charles II. Reverfed, and unanimoufly Declared Illegal ; In which Reverfal, as in a Looking-Glafs, the Profe- cution, and Imprifonment, and Death of that Patriot, and the )&0U)£f of the Minifters, by which he, and, in him, the Un- doubted Rights and Privileges of Parliament, and of all the DO ' Commons of England, were trampled under Foot, appear at this Day, in Colours Adminiftring a Deteftation of fuch Pro- ceedings. At this Time, Walter Long, Efcjj was., in an unprecedented Manner, profecuted in the Star-Chamber 5 for that he, being High-Sheriff of WiltJJjire, had fuffered himfelf to be chofen a Member, for Bath in Sonwrfetfhire, and had accordingly attended Baker 44 .>;. in Parliament, abfenting himfelf, during that Time, from Wilt- fhire : He was condemned, and fined 1332./- and imprifbned in the Tower, during the King's Pleafure. This was an Addi- tion to the Number of Violations, of Parliamentary Privil which, in thefe Times, were treated as the Vileft Clogs to Gc- Y y y y vernment ; 362 The BRITANNIC vernment 3 efpecially fince that Queflion had been lately deter- mined, in Favour of Sir Edward Coke, late Lord Chief Juftice - 7 who being made High-Sheriff of BuckhighamJ/jire, on purpofe, to prevent his being chofen a Member of Parliament, had never- thelefs been chofen a Member for a Borough, in another County - y and his Election had been voted, and refolved to be good, by the Houfe of Commons. SECT. XVIII. THE King's Minifters being thus freed of Fear, Quartered upon Private Houfes and Families, great Companies of Soldiers and Mariners. Many People were Executed, and put to Death by Mar- tial Law, who ought to have been tryed by the Law of the Land 5 and others, by the fame Martial Law, exempted, from the Punifbments which, by the Law of the Land, they Deferved 5 Clarendon, which raifed an Afperity in the Minds of more than of the Vol 1. 4<- Common People. Prymne. The Minifters caufed three Gentlemen, each of Figure and Bastwick. Quality in their feveral Profeffions, viz. ^Divinity, Law, and Phyjick, to be profecuted in the Star-Chamber, and there treated roughly, by cutting off the Ears of one, and branding all their Faces and Foreheads with hot Irons, for no greater Offences, than Writing about Difputed Points of Church Government 5 and, to make their Punifliments the more fignally fcandalous, and terrible, the Execution was expofed on Scaffolds, that all Men might fee, and, in fome Meafure, feel the Effects of an Unlimited and Arbi- trary Power. The Cruelty therefore of thefe Corporal Punifliments, which were Arbitrary, and impofed, for no Offence againft the Law, for which fuch a Punifhment could be inflicted, bound down all Gentlemen under a Servile Fear of the like Treatment. The Imprifonment of thefe Gentlemen in three the remoreft Caftles in the Kingdom, viz. one at Carnarvon in Wales, ano- ther at Lancafler, and the third at Launceflon in Cornwall, was Unprecedented 5 and becaufe that Severity was inferior to the Difpleafure, their Banifhment to three Illands, beyond the Seas, and Imprifonment therein, viz. one of them in Jerfey, another t in CONSTITUTION. 363 in Guemfey, and the third in Scilly, appeared to the People as Im- perious A<5b, of a Power that had no Limits, but its Will and Plealure : This Sort of Administration, therefore, encreafed thofc fecret Animofities, which at laft broke out impetuoufly, and overturned the new Principles, and the Superftrudtures on which this $dO!Dtt was Seated. His Majefty's Minifters Levied Monies, by Fines and Impri- fonments, upon all Men, of 40 /. per Annum, and upwards, who refufed to take upon them, the Order of Knighthood, tho' they, in Refpecl: of their Eftates and Qualities, were altogether unfit for that Order. For the better Support of thefe extraordinary Methods, and to protect the Agents and Inftruments, who mull be employed in them, and to Difcountenance and Supprefs, all bold Enquiries and Oppofers, the Noble Hiftorian writes, That the Council Vol. I. ;4, Treafure to Support his 'Power; And Sander foil Writes, That z y the King had, in the Year 1 6 28/ Refbhed, to lay ajide the Uje of 'Parliaments, and to imitate what had been done, of that Kind in France 5 and, moreover, that the King had Jo well fucceeded in the T)ejign, that the People had laid ajide the Thoughts of Parliaments, and that the King had learned to Stand on his own Legs, without troubling thofe Affemblies. Baker, 455. To Support, therefore, the new Project of Ship Money, when iome Oppofition was obferved to arife, a Letter was fent to the Judges, with a Caie inclofed, both Signed with the King's own Hand 5 the Letter took Notice, That the Judges were befl ftudied, in the Rights of his Majefty s jsDOtWttSUtp, and there- fore, he required their Opinions in the Cafe. The Cafe, or Queftion, was this, When the Kingdom in General, is in T) anger, whether the King may not, by Writ, compel his Subjects, to furnijh fuch Number of Ships, with Aien, Victuals, and Munition, and for fuch Time, as his Majejly JJ.mil think Jit ? And whether the King is not the file Judge of the T)anger, and of the Means to prevent it ? The CONSTITUTION. 367 The twelve judges, inflead of advifing his Majefty, that in the Cafe, was comprized Matter, that was one of thofe Grandia Regni, about which, the King, by the Constitution, was obliged to Aflemble, and Confult with his Parliament 3 and inftead of informing him, That UO $&tt of any Man's Freehold, or Pro- perty in Lands, Goods, or Money, or, which is all one, No Part of the Profits thereof, could be taken from him, by any Authority, other than the Legifiative Authority, which his Ma- jefty, by himfelf folely, had not 3 I fay, the Judges, (without fo doing) readily gave their extrajudicial Judgments, under all their Hands, That the King might (in that Cafe of ^CCCCfttp) Compel his Subjects, to furniflo fitch ISumber of Ships, with Men, Victuals, and Munitions, and for fuch Time, as his Majejiy fJmdd think fit, and that the King was the fOlC ^Jltf&CC of the T)anger, and of the Means to prevent it. This was none other than to fay, That the King had Power to declare there was T) anger, although no other could fee that T) anger 3 and that his T)eclaration concluded, and Ejlopped every Man, to deny the T)anger • and that when the King faid there was T)anger, all Mens 'Properties were at his Will, to take what he pleafed to prevent that T)anger. One would have thought, a fmall Share of Penetration might have feen thorow the Fallacy and Flattery of fuch an Oblation of England's Liberties 3 and, therefore, from the Proceedings, upon the Foundation of this Wild Opinion, the Propenfity of the Managers, in thofe Times, to an Arbitrary and Unlimited Power in Government, was unhappily Expofed. This Opinion was furprizing, for thefe obvious Reafons 3 I. Becaufe the 'Pofition had been fo lately, and fo folemnly, Condemned^ by the fupreme 'Judicature, in the Cafe of T)ot~ior Mainwaring. II. Becaufe it is not apprehended, That there is any Law, by which one Subject can Compel another Subject to go on Board, or Serve, or Fight, in any Ship at Sea, though it be for the neceiTary Defence of the Kingdom 5 and therefore the Ship Writs, Commanding the Subjects to do an impoffible Thing, were, in that Cafe, Illegal', for Lex non Cogit ad Impoffibilia. Z z z z III. Becaufe q<58 The BRITANNIC III. Bee au fe the Writ itfelf was Felo de fe ; for it fjoewed, That the Danger, ( if any fuch really were ) or the Neceffity arifing from it, was not fo imminent, but that a Parliament might have Given and Raifed the Money required, with much more Expedition ; for a Parliament might have been Ajfembled, and have fate in Forty 'Days : whereas thefe Writs were (Dated in Auguft, and ordered the Ships to be ready in March following, being about Seven Months, or Two hundred Days , after their Date, which was a Space of Four Times as long, as the fame Thing might have been done, in a Proceeding that was Legal and Parliamentary. IV- Becaufe the Stile of the Writ was fo Imperious, as to call fuch as flooiild refufe to pay this Ship Money, 3ftCt)Cl£, and commanded the Sheriffs, To take and Imprifon them as Rebels, till his Majefty mould give further Order. The King's Minifters, neverthelefs, caufed this Extrajudicial Judgment, or Opinion, to be entred on Record, in all the Four Courts at Wejlminfler, to be perpetuated as an Evidence of that Point of Prerogative, or Supreme Law of Government, which was then alTuming. Echard 459. And Judge Berkeley was fo Violent and Zealous, in Sup- porting this Regal Impofition of Ship Money, that when the Caufe of one Chambers, a Merchant, who had brought an Action for falfe Imprifonment, againft the Lord Mayor of London, for Committing him for Non-Payment of the Ship- Money, came to be Tryed before this Judge, he would not fuffer the Legality of 'JJHipoflUiJ that Tax, to be Argued, but declared in open Court, That there was a Rule of Law, and a Rule of Government $ and that many Things which might not be done by the Rule of Law, might be done by the Rule of Government. SECT. xx. YET notwithstanding thefe Difcouragements, and after this Ship- Money had been levied about four Years, That Heroic Commoner John Hampden oi~ Hampden in the County of Bucks, Efquire, being Armed with the Constitution, and the Law of the Land, CONSTITUTION. 369 Land, ftepp'd forth (and he was the Firfl that did fo) to Corn- bate this new Machine of Arbitrary Power, by which the Rights, Privileges and Authority of the two Eftates of Lords and Commons were Invaded, and near being expelled this Na- tion 3 And infifted, That this Way of hnpofing Taxes, and Levying Money, without a Grant thereof in 'Parliament, was Arbitrary, and Illegal 3 and did attraCl to the Crown, the whole Legiflative Power : He therefore brought the fame in Judgment, in the proper Court of Law, and fingly pleaded the Caufe of England. And amongft the Variety of Arguments againfr. the Regal Power, to impofe Taxes, and levy Money, it was averted, That the Navy, or Ships of War, were Creatures, which the Treafures of the People, i. e. Each Alans Contribution, of a Part of his Property or Eft ate, had formed and created, and did feed and maintain : That the End of their Creation and Main' tenance was, to HDCftTit) {from leing fubverted or dejlroyed by Foreign Enemies) this Conftitution, and thofe Jingular Rights and Privileges, of the two Eftates of Lords and Commons, by which the People of this Nation, are dijlinguifloed from all others, and efpecially that mojl important, and invaluable of them, the fole Right and Power over their own Properties, Exchfive of all other Powers 5 which may be Negatively rendered as before, That no Part of a Briton's Freehold or Property can, by any Power, or for any Pretence or Occajion whatfoever, be taken from him, but fitch Part only, as the Commons jloall give, and the Lords confent to, in Parliament 3 which great and Hereditary Privilege, did indeed infer a Necefftty, when Monies were wanted, to call a Parliament, and to lay before them, fuch a Cafe or Danger, as may induce them to (H5lt)C, the Monies required. But all the Judges, having before agreed, and prejudged the Queftions (except Crook and Hutton, who receded) gave Judg- ment for the King, againft Mr. Hampden, 'viz. That the King, by his Regal Power and Prerogative, in the Cafe of imminent T)anger, and in the Cafe of 0tttl(lty, arifmg from that Danger, might compel his Subjects, to fumifh him with Aids, without Aft of Parliament 5 and that the King wa% the fOlC jjiUBgC of the Danger, and of the Means when, and how to prevent it 3 and that the Kings 3tUCU!Unt, or Suggefiion of Danger and *Hzcztt\iy, in his Royal Mandates, called Ship-\Vrits ? was 5 7o The B R I T A N N 1 C was not XratlCrfabie 5 that is, That the Subject was not to be admitted to deny, or quejlion, what the King was pie a fed, in that Behalf to declare and avert, and that the King might repeat this Method, of Impojing Taxes or Aids, without Grants thereof in parliament, as often as there was Danger and Necef- fity, i. e. as often as he was pleafed to averr and declare there was Danger and jpCCCffttf . SECT. XXI. I N this Judgment, all the Judges (except the two above named) concurred $ but fome of them varied their ExprefTions, about the Foundation, on which they built their Opinions ■, to the Effecl: following : Mr. Baron Wejlon, argued thus, Whereas it is objected, That if this ^BG VOtt of raijing Money, were admitted, it will keep hack 'Parliaments, in Regard the King might pretend Danger, where there was none, or a great one, where it was but fmall 5 / anfwer, That this Objection cannot be made, without fuppojing Injuflice in the King : Make what Laws you will, if the King he unruly, He will break them. For my Part, I am fatisjied, That there is an apparent 'Danger, and there is a JjtiCCCffitp this Danger jhould be prevented. Mr. Juftice Crawley : The King, by his Royal Prerogative, hi Cafes of Neceffity and Danger, may, Jure Gentium, Charge lots Subjects, lDlttjOUt Confent of Parliament $ For, in the King, there are two Kinds of Prerogatives, Regale and Legale, the firfb concerns his Perjbn, the fecond his Lands and Goods 5 the firft Regal Prerogative, which contains all the rejl, is, That the King may <&\\)t %&VD$ to his Subjects, and, as a Confequence, may impofe Taxes, without Content of Parliament. Admit, I Jay, there was an exprefs Act of Parliament, That the King, when the Realm is in ever fo much Danger, fliould not have Aid from his Subjects, but in Parliament, It is a void Act; Will any Man fay, fuch an Ad: fhall bind ? This Power is Infeparable from the Crown. Such an Act therefore is mani- fejily unreafonable, and not to be iuffxtCD. That it is necejfary, in fome Cafes, to Leave the Words of the Law, and to follow that which Reafon and Jufice recjuireth ; for the Law of Rea- fon is tacitly underjlood to be an Exception out of the general Rules CONSTITUTION. 369 Rules of Law 3 and this ^UipoGttOlt, without 'Parliament, appertains to the King Originally, *';/ Right of the Sovereignty of his Crown 3 you cannot have a King, without thofe Royal Rights, no, not by A& of Parliament : The Danger and Necef- fity appear, in the Record, to be greater than the King, with- out the Aid of his Subjects can rejift 5 Whither mufl the King refort to Parliaments ? No, let the Subjects refort to the King, whofe Prerogative and Right of Sovereignty is, to SDCfdtD the Realm, and Maintain his Subjects Liberties. Mr. Juftice Berkley 5 Whereas Mr. Hampden'5 Counfel fup- pofe, That the Fundamental Policy, in the Creation and Frame or this Government, reftrains the Monarch of England, from taking any Thing from his Subjects, but by common Confent in Parliament 5 He is utterly miftaken 5 I utterly 2DCUP fitch a fancied Policy 3 The Law knows no fuch a King - Toaking Policy : There are two Maxims of Law, that difprove fuch a fuppofed Policy, viz. I. The King is XvUftCD with the State of the Common- Wealth. II. The King can do no Wrong. Upon thefe Maxims, the Jure Summa Majeftatis are grounded, with which none but the King himfelf, UCt l)iS $tlf If&UtCUt, without Leave, hath to meddle 3 as namely, War and Peace, Value of Coin, Parliaments at ^Icaftttf , Power to SDifpCHCC with Penal Laws, the Regal Power, to COMttlcUltJ Aids from his Sub- jects, in Cafes of Neceffity, for the Prefervation of Salus Reipub- \\cx 5 or elfe, how can the King be f aid to have the ^0tl}tfttCtll Right and Power of a free Monarch ? the King, of mere Right, ought to have, and the People, of mere T)uty, ought to yield unto the King, Supplies, for Defence of the Kingdom 5 for the fame Law, that Wills the King to Defend his People, Wills alfo, that the People grant to him of their Goods, in Aid of their Defence. Give me Leave to fay, The Parliament is but a COUOllUUl 3 The King may Call it, Prorogue it, and Diflolve it, at his Plea- fure, and vvhatfoever he does therein, is always to be taken, as Juft and Neceflary 3 J$CCCffitp is a Relaxation of Laws, and ferves for a Difpenfation. In this Cafe, there is a Neceffity in Point of Government : Neceffity and the Salus Reipublic£, are, by a reafonable Intendment, clean out of the Statutes de Talla- gio non concedendo, and the Petition of Right, as if the fame were precifely Excepted : A Literal Expojitwn will make Laws, for the Good of the Common-Wealth, prove the Bane and Ruin of it ; Therefore, Cafes of Neceffity, Cafes o/Bonum Publicum, A a a a a and 37 o The BRITANNIC and Cafes of Salus Reipublicae are not comprized within ordinary Rules, there may be Damnum fine Injuria. Mr. Juftice Vernon 5 Statutes Derogatory from the Preroga- the, 25ill'D UOt the King, and the King may 2DifpCUfC with any Law, in Cafes of Neceffity. Mr. Baron Trevor ; Our King hath as much Power, and 'Prerogative, as any Prince, What 'Policy is there to make State Affairs known to the People ? Who can tell, better than the King, when there is 'Danger, or how to prevent it ? Mr. Juftice Jones 5 Salus Populi eft Suprema Lex, qui fentit commodum fentire debet 8c Onus 3 quod omnes tangit ab om- nibus debet fupportari ; Thefe Rules intimate, That when Danger is imminent, the Charge mud be borne by all 3 it mult not be every Kind of Fear or Rumour, that muft draw a Bur- then on the Subject 3 but fuch a Danger, as the King, in his Underftanding, pCTCMt)Ctt) doth require a fpeedy 'Defence ; This Power of the King, of which I argue, is a fpecial Prerogative in Point of Government. Lord Chief Baron Davenport 5 Aids granted by 'Parliament, are not merely voluntary, but 2DUtiCS 3 This Imperial Power of Commanding Aids, in Cafe of Neceffity, belongs to the Crown : I heartily acknowledge it 5 it's Reafon it floould be fo : The King, in Expectancy of Danger, may charge his Subjects, with- out Parliament 5 for, Neceffitas non eft Lex temporis 5 the Ex~ peciation is not Tr aver fable; No Statute, though perpetual, binds in Cafe of Neceffity 5 for if an Afi of 'Parliament fhould Reftrain fuch a Charge, in Cafe of Neceffity, it would be Felo de fe, and fo void 5 for it would defray the Jus Regale. Sir John Finch, Lord Chief Juftice of the Common 'Pleas-, The poBJC £ of laying this Charge, is, by the Fundamental 'Po' licy of the Kingdom, folely Invejled in the King 5 That the Kingdoms Defence, muf be at the Kingdoms Charge, is proved from the Law of Nature $ for every Thing in Nature, ought to Defend itfelf - The King hath a JBjQptrtP, in every Subject's Goods, for the Common Good, in Times of Neceffity : None can Share with the King, in his 2tbf0lUte |£oite ; The King is not bound to call a Parliament, but when he pleafeth, nor to continue it, but at his Pleafure 5 There was a King before a 'Par- CONSTITUTION. 371 Parliament 5 for how, elfe, could there he an Aflembly of King, Lords, and Commons ? And then, what Sovereignty was there in the Kingdom, but His ? The 2U1U3 that gave the King, the Sovereignty of Defending, gave him alfo $$fj'iV>£C to charge his Subjects, for the necejfary Defence of the Kingdom 5 Private fietyG^ pfttp fnttft give Way to the Publick, and publick Property mujl take Place 5 This King will charge his Subjects, but only, upon urgent Neceffity $ An Act of Parliament CfttUlQt Bar a King of his Regality, nor iBltift him, not to Command his Subjects Goods or Money. This Chief Juftice did not content himfelf, in raving thefe extraordinary Things, but was pleafed, by Way of Reproach, on the two Judges (Crook and Hutton) who receded, to publifh Hampden's in open Court, what had paffed, between his Majefty, and the iya1, 196 ' Judges, in private, about their Engagements, to Support this New, and Unlimited, Prerogative, to ^IttpOfC Taxes, and Raife Money, without a Grant thereof in Parliament 5 which, at this Day, feems to Involve the King, in this Affair, as the Ori-Echard 459. ^inal Author and Influencer, and, as fuch, to be both Judge and Party, reprefenting the Judges Part, to be none other, than as Aiding and Affifting, in the lfyOtigftU JUipOlittOlt. Sir John Brampfion, Lord Chief Juftice of the King's Bench 5 There is a Neceffity, to prevent a NeceJJity 5 There is this T)i- jlinffion, The Aid commanded in this Cafe, is not a Tallage, i. e. It is not a Cutting away a Part of a Man's Property, but a Command to do a publick ^Ct^ICC? in finding a Ship, &c> to defend againft the Danger. t> to The Judges had forgot, that the Conftitution had made, the SDtfCtlCC of the Kingdom, one Part of the Parliament's Bufinefs, as appears by the exprefs Words, of the Writ of Summons 3 and, confecpently, the King could be under nolSeceJJity, to do, That himfelf, which was the proper Bufinefs of his Parliament. SECT. XXII. MOST of the Judges endeavoured to fetch Support from that Antient Maxim before Inftituted, That the King can do no Wrong 5 which Maxim, to avoid Imputing to the King wrong- ful Acts upon Mens PofTeffions, and to prevent his gaining Profit ; g 7 2 The BRITANNIC Profit by them, chofe rather to determine thofe Acts of the King, to be Null and Void, and to have no Effect for his Profit 5 though the Law, in Favour of long Poffeffions, permits Sub- jects, by the like wrongful Acts, upon one another's Pofleffions, to gain Advantages. The Reafon of the Difference is, becauie thole Acts of the King, could not be Adjudged Effectual, for his Profit, without Adjudging the King, at the fame Time, to be a Wrong-Doer 5 and therefore this Maxim doth, in Effect, Diiable the King to do Wrong, and not Juftify, or Alter, the Nature of the Action, to Convert the Injujlice of it, into Ju- ftice 5 for that would Confound Nature it-felf : It would be to fay, That fuch an Atl, if done, would be a mojl wicked Thing 3 but if the King does it, it will be Right 3 for the King can do 110 Wrong, either to God or Man. The Literal Senfe of this Maxim, which the Judges made Ufe of, to Support the King's Power, did Include and Support many Inconfiftencies, confounding all Diftinctions between Right and Wrong 3 for if Nothing that the King did, could be Wrong, then every Thing that he did, muft be Right, and he ought not to be difturbed in the doing whatfoever he plealed : Or elfe the Argument may be Stated in this other Form, That every Thing, for which the Law hath appointed no Punifhment, can be no Fault; But the Law hath appointed no Punifhment of the King, x for any A£i that he T)oth 3 Ergo, Whatever he does, can be no Fault, or Wrong : This Sort of Reafoning, makes the King Abfolute from all Laws, Dilfolves all the Obligations In- ftituted by his Conftitution, and Refolves All into his own Will and Pleafure 5 for all his Acts muft neceflarily be the Emanations and Effects of his Will, and, therefore, his Will muft necelfarily be the Meafure of Right and Wrong : Nothing, therefore, could, in Nature, be more Arbitrary. The Conftitution, and Law of the Land, fays, Every Man hath a Right to the Liberty of his c Perfon, and to the Property of his Lands, Goods, and < Poffefjions, not to be Violated, or Taken from him, but by due Courfe of Law 3 but the Judges General Expofition of this Maxim, fays, That if the King take from any A4an his Liberty, by Jmprifoning him; or his Life, by Slaying him ; or his Property in Lands or Goods 3 or even his Wife, and Violate her 3 All thefe Acts muft be Right : For if they cannot be Wrong, they muft neceifarily be Right ; They cannot be, at the fame Time, both Right and Wrong;. SECT. CONSTITUTION. 373 SECT. XXIII. I T may be added, That the Arguments drawn from a Pre- tence of NeceJJity, were the mod Fallacious and Impoliticly that were ever advanced 3 for as the King, under a Pretence of Ne~ ceffity, for Money to iupport his Government, without Parlia- ments, did Wrejl from the Lords and Commons, their Rights, and their Power of Giving it 5 fo he taught the Parliament, in their Turn, by the like Arguments, drawn from the 5$£CCl0tp of Preferving themfelves from Deftruction, to IVrefi from his Majefty, the Right and 'Power over the Militia. It is obfervable, That the Judgment in the Cafe of Ship- Money, 2l50UtlD all Men $ for the Judges would never after- wards fuflfer that Queftion, Whether the King could ^InipofC Taxes, and Levy Money, without a Grant thereof in Parliament, to be again Argued or Debated $ and therefore it may be juftly faid, That that Hero Mr. Hambden only, Engaged and Con- tended with Arbitrary Power, in the C&ttfC of Liberty, and of the Freedom of England. For Mr. Juftice Crawley, at an Affizes in the Weftern Circuit, AfTerted publickly, in the Face of the Country, That this Power o/'JinpOthtg Taxes for Aids, was a Right or Flower of the Crown, fo Inherent, that no parliament could tah it away 5 meaning ( doubtlefs ) That no Parliament could Abolifi this Judgment, hecaufe the Judgment had Aholifoed the Parlia- ment'. And Mr. Juftice Berkley was pleafed ("when Sitting on the Bench at Tork Affizes) publickly to declare, to the Country, That the Judges were, in feme Cafes, ^bOl)C Parliaments : And Sir John Finch, now made the Lord Keeper, who took up the Bufinefs of Ship-Money, where Mr. Noy left it, at his Death, did, upon a Demurrer put into a Bill before him, which had in it, no other Ecjuity, than an Order of the Lords of the Council, declare, That whilft he was Keeper, no Man jhould he fo Sawcy, as to Difpute thofe Orders ; but that the Wifdom of that Board, fjjould always be Ground good enough, for htm to make a T)ecree in Chancery. It may be remembered, That the Clergy participated with the Judges in the Frenzy, infomuch, that foon after Mr. Juftice B b b b b Hutton 374 'The BRITANNIC Hutton had Argued in the Exchequer Chamber, againft the King's Power to JlUpofc the Tax of Ship-Money, the Reverend Mr. Thomas Harrifon, Parfon of Creeke, in North 'amptonfeire, being heated with Prerogative Notions, preiTed up to the Bar, of the Court of Common Pleas, in Weftminfter-Hall, and Jccufed that Judge, then Sitting on the Bench, for High Treafon 5 but being profecuted for that Mifdemeanor, the Parfon, with Sincerity and Probity ( though Erroneous ) declared, That the Reafon, why he made that publick Accufation, was-, Becav.fe the Judge, by ^Denying the King's ^OWKE to Impofe Ship-Money, had denied the King's Supremacy, which was, as he apprehended, Treafon. The Parfon imagined, That the King had as great a Supremacy in Temporals, as in Spirituals 5 and faid, That the Opinion of all Orthodox Divines was, That the King had a Legal Power to ^InipOlf the Tax of Ship-Money $ which fairly difcovered (if Mr. Harrifon faid true ) That the Orthodox Clergy were, at that Time, Well-wifhers to an Intereft, deftructive to Britifi Freedom, Liberty, and Property ; whereas their Profeffion, is to Expound the Scriptures, and not the Laws of Britain 5 and the rather, fince their Difdaining, to make the Books of that Science, any Part of their Study, or Reading, makes them, at the fame Time, Strangers to the Britannic Conjiitution : But the Truth is, Their Preaching away Property, had milled the Judges, and made them to lay ailde the Law, and to Judge That to be Law, which the Clergy Preached. SECT. XXIV. IT is probable, That thefe Provoking and Dangerous ja>ttOfeC0, at the Root and Foundation of the Conftitution, Ripened the Refolution of the Britifi Patriots, either to SDlftUtU the new Aflumed Power, and Refcue the Fundamental 5fQ?nt of this Government, and the Freedom of Britons, from under the Oppreffion of Arbitrary Minifters, and Time-ferving Judges, or to I^CVlfl) in the Attempt, as their Anceftors, in the like Cafe, had done. Nothing, therefore, can better Illuftrate this Dangerous 2i5jeatl)> by 'fjmpofittS this Tax of Ship-Money, than what the Noble Hiftorian hath written on this OccattlUDC1fct)p, was able to fwear was not Law, and injlead of Giving, were requi- red to pay, by a Logick, that left no Man any Thing, which he could call his own ; they no more look'd on it, as the Cafe of one Man, Mr. Hampden, but the Cftfe of the Nation, and as an Impoficion laid on them, not only by the King, but by his 'Judges, which they thought themfehes bound, in Conference, to the Publick Jujlice, not to fublfllt to, But to dijlurb and remove it 5 for when they faw, that in a Court of Law (That Hfltb VoLI - i°- that gave them Title to, and Pbffefjion of, all they had) Reafon of State was urged, as Elements of Law 5 Judges Jloewing their Knowledge in Myfteries of State ; Judgme?it of Law, grounded upon Matters of Fatf, of which, there was neither Enquiry, nor Proof, nor any Tryal, would be admitted, between the Crown and the Subject, and no Reafon given, for the Payment of the Ship- Money, demanded of Mr. Hampden, but what included the Ejlates of All the People of England j they had no Reafon to hope, that 'Doctrine, or the Promoters of it, would be con- tain d, within any Bounds. The Noble Hiftorian proceeds thus 5 And here the Damage Vol. 1. 7*. and Mifchief cannot be exprejfed, that the Crown fuftained, by the deferved Reproach and Jnfallip, that attended the 3fUDgC0, by being made Ufe of, in This, and the like Acts of Arbitrary Power 3 There being no Poffibility, to preferve the Dignity, Re- verence, and Eflimation of the Laws themfehes, but by the Integrity and Innocency of the Judges 5 and no Quejlion, as the extraordinary Meafures of the Houfe of Commons, in the next Parliament, proceeded principally from the Contempt of what was injijied on, or urged to them for Law, and that Contempt fprung from the Scandal of that Judgment-, fo the Concurrence of the Houfe of Peers, in that Fury, can be imputed to no one Thing more, than to the Irreverence and Scorn, the Judges were ju fly in 5 for the Lords ?iow thought themfehes excufed, for fwerving from the Rules and Cujloms of their Predeceffors, (who, n 7 6 The BRITANNIC (who, in judging or Things and Perfons, had always obferved the Advice and Judgment of thofe Sages) in not now asking Qv.eflions of ^Ll)0ff , whom they knew, no body would believe, thinking it a jujl Reproach upon them (who, out of their Courtfhip, had iubmitted the Grand Queftions of Law, to be Meafured, by the Standard of what, they called General Reafon, and explained by the Wifdom of State) that they themfelves fhould make Ufe of the Licence, which the others had taught, and determine that to be Law, which they thought to be Rea- fonable, or found to be convenient ; whereas if thefe Men, had preferred the Simplicity of their Ancejlors, in feverely and flritily defending the Laws, other Men had obferved the Modejly of theirs, in humbly and dutifully obeying them. Voi.1. 72. Upon this Confideration, it is very obfervable, That in the Wifdom of former Times, when the ^Prerogative went Highefl, never any Court ofLaw,feldom any Judge or Lawyer of Repu- tation (except in the Reigns of Richard II. and King James II.) was called upon, to ajfijl in Afis of Arbitrary Tower, it being of the greatefi Moment to keep %fyfit, the Objects of Reverence and Veneration 5 for the JL(l\\) would keep the People from In- vafions on the Prerogative, and the King could never fuffer, whilji the Law, and the Judges, were look'd upon, as the Afylum for their Liberties and Security : The Innovation therefore of this Judgment, for ^mpOOnS *%** ? ax °f Ship-Money, and the Levying of it, made a lajling Sound in the Nation. sect. xxv. THE King's Minifters, and efpecially the Junto, or Cabi- net-Council, of Three, Archbifhop Laud, Earl of Strafford, and Duke Hamilton fported themfelves, for a long Time, in Wanton Acts of Power 5 for their imperious Adminiftration met with no forcible Oppofition or Refiflance 3 no Infurredtions appeared 5 the Nobility and Gentry (having in View the terrible Power of the Star-Chamber, and the Examples of Sir John Elliot, Trynne, Baflwick and Burton) behaved paffively, ex- preffing their Uneafinefs, only in Murmurs, and thole the Mini- fters contemned : The Modefty of thofe Times was fuch, That the Hopes of the whole Body of the People, were placed, in a free Parliament, and no Redrefs was otherwife expected or attempted. And CONSTITUTION. 377 And it is to be obferved, That the Exercife of Arbitrary- Power, which grieves the People, ufually iiTues in thefe three Ipecifick Deprivations of Mens Felicities 3 either, I. In Bloodflied, by depriving Men of their Lives 5 or, II. In Imprifonments, by depriving Men of their Liberties 5 or, III. In Confifcations, by depriving Men of their Properties, by Fines and Amerciaments, &c. which affect both the Lives and Liberties of all Men. As to the Exercife of the firft Part of Arbitrary Power, in Bloodflied, there was no Species, of that Sort, praciifed in this Reign 5 except thofe put to Death by Martial Law, which were many. But as to the fecond Species of Arbitrary Power 5 Numerous, Baker, 4 4r, and almoft innumerable, were the Inftances of Mens Sufferings, 4+4 « by illegal Imprifonments 5 which was a Cruelty next in Degree, to Bloodflied. As to the third Species or Arbitrary Power 5 touching Fines and Amerciaments, that Grievance became almoft general. 5- 134. 299. And as to a Parliament, The King (as Saunderfon relates) Sanderf. 28 had learned to fiand on his own Legs, having fufficient Power by Land and Sea, without troubling thofe Ajfemblies ; and therefore the Lords and Commons had nothing to oppofe, but their Pafnve Obedience, and their Patience, in Waiting till fome Foreign War, or other unforefeen Occurrence, fhould induce a Want and Necejfity of Affiftance, and then the Removal and Pvedrefs of their Sufferings, would, doubtlefs, antecede their Affiftance • it being unnatural to ask, from Men enflaved and oppreffed, Help, to encreafe the Weight of their own Burdens, and Vexations. SECT. XXVI. THUS lay the Conftitution, for a long Time, proftrate, and disjointed, and all Mens Properties and Freeholds in a Pre- carious Uncertainty, and the Nation, during Fifteen Years, lan- C c c c c gitifjed 37 B Tie BRITANNIC guifted almoff. in Defpair of ever feeing a free Parliament : When an inconfiderable ClOUD, not bigger than a Man's Hand, portending a Storm, far in the North, began to rife among the Subjects of his Majcfty's antient and native Kingdom, whofe Conflitution was broken, and as crazy as that of England: And altho the Effort was, at firft contemned, yet from it, fprung great Events. The combuftible Matter, which gave Rife to this Tempeft, cannot be reprefented without a View of fome Steps of Power, made in the Reign preceding. The Reformation in Scotland, from Popery, differed much from that of England 3 for whereas on the one Hand, the Re- formation in England ', was tender, and extended no further, than to reject what was abfolutely neceffary to be rejected, referving (as the Scots alledged) as many of the Ceremonies, and as much of the Difcipline, of the Romi/b Church, as was not Idolatry 3 but, on the other Hand, the Reformation in Scot" land was fafliioned after the Example of Calvin, i. e. To remove as far from Popery, as the Matter would bear, rejecting and abolishing, all Refemblances of the Ceremonies, Difcipline, and Government of that Church, and particularly Epifcopacy 3 for the Reformed Church of Scotland, and the Government thereof, in all Ecclefiaflical Affairs, was, by the Legiflative Au- thority, vefted in the Aflemblies of Presbyters and Elders, who might, at their own Pleafure, convene themfelves, and their Orders were to have the Force of Laws 3 but the Knig might, if he pleafed, appoint a Commiffioner to prefide, and reprefent his Majefty's Perfon in thofe AiTemblies, and to give the Royal Aflent, to thofe Orders : This National Church was therefore denominated Presbytery. This Manner of the Reformation in Scotland, being fo efta- blifhed, as the Constitution in the Church, and Religious Affairs 3 the fame became engraven on the Minds of that Proteftant Nation. And in this Place, it may be remembred, That the Scotifo Reformation, met with fo much Difficulty from their Courtiers 3 that the Safety and Progrefs of the Reformed, made it neceffary, in order to defend themfelves, and their Religion, and to oppofe Popery, and all the Ceremonies and Difcipline of the Romifh Church, CONSTITUTION. 379 Church, to enter into a National Covenant, in other Countries called an Aflbciation. This Oppofition, therefore, of Popery, became a Part of their Faith and Religion, and was, as an Infeparable Ingredient, In- terwoven in their very Reformation ; the Confequence whereof was, 'That whatever Jhould he Impofed, Refembling the Romifh Rites, looked like Unravelling their Protejlant Constitution. Another Step made at the Scotifh Reformation was, That when Epifcopacy was Abolifhed, and the Monasteries in Scotland 'Dijfolved, all the Impropriated Tythes and Church Lands, were Given to, and Vefied in, the Crown -, and by the Crown, Part of them were Appointed, for the 'Presbyters and Miniflers Main- tenance 5 and the Reji were Granted to, and Cantoned amongji the Laity : Which made, That the Lords and Commons be- came more Powerful, after the Pattern of England. King 'James I. of England, and Vlth of Scotland, after his Acceffion in 1603, to fo potent a Government, as that of the Englifh Nation, Apprehended, and accordingly found, That his Regal Influence in Scotland, would Increale, fuitably to the Increafe of his Power, by the Addition of England 5 and, ac- cordingly, he Attempted, and Succeeded, in obtaining two ex- traordinary Acts in the ScotiJJj Parliament 5 to wit, One Act in the Year 1606, whereby fome Prerogatives in Temporal Affairs, were given to the Crown: And another Act in 1609, Impow- ering the King to prefer ibe Habits to the Clergy, when 'Divine Service was by them performed. King James having obtained thefe two Acts, which gave him fuch additional Powers, imagined, That what Innovations he mould, by his fupreme Prerogative, pleafe to make in the Ecclefiaftical Affairs of Scotland, fuitable to the Mode of Eng- land, would be Supported by the Power of Englafid j And, as an Inflance of his Unlimited Power, he did, in the Year 1612, Reftore and Introduce Epifcopacy into that Kingdom, appointing Bifhops of the thirteen old Bifhopricks, which, at the Reforma- tion, had been Abolifhed 5 but the King wanted Means to Endow them with fuitable Revenues, which made thofe new Dignities appear, Naked and Titular. t This c>8o The BRITANNIC This King, therefore, made two Attempts, in order to enable him to compafs his Defigns, viz. I. He endeavoured to Refume the Tythes and Church Lands, and for that End, he pa/fed under the Great Seal, a '■Patent of Revocation, to make Void all the Grants made in his Minority : He intended alfo to Create Titular Abbots, who, together with his new BifJjops, fjoould be Lords of 'Parliament for Life, as it was before the Reformation $ but this Attempt meeting with a llrenuous Opposition, was, at that Time, laid afide. II. The fecond Attempt was this, This King went down to Scotland, and there held a Parliament in the Tear 1617, in which his Majejly endeavoured to Confolidate the two Afis of 1606, and 1609, with an Additional Claufe, Authorizing, That all Things which mould afterwards be determined in Ecclefiaftical Affairs, by the King, with the Confent of a Com- petent Number of the Clergy, mould have the Strength and Power of Laws 5 but the King apprehending not only, That great Oppofition, to the Paffing it, would be made 5 but aljb, That great Troubles would attend the Execution 5 his Majejly therefore ordered the ASf (although it had pa/fed the Lords of the Articles, whom he Influenced ) To be Supprefled. SECT. XXVII. I T is in this Place obfervable, That notwithftanding the boafted Freedom and Liberties of the Scotifh Nation, the fame were mixed with Three WeaknefTes, viz. One in the very Con- stitution itfelf, and the other Two, were made by the fubfecjuent Laws, which prelTed down that People under Servitude. Thefe WeaknefTes were as follow, viz. I. By their Original Conflitution, the King, Lords, and Commons, in Parliament Affembled, were all of them to Sit, and Debate, and Vote, and Enacl:, Laws, in one Houfe or Chamber, where the Prefence of the King's Perfon, Over-awed and Curbed the Freedom, not only of Speech and Debates, but of Voting for, and againft, the Proceedings before them : By this Reftraint, the Legiflature was, in the firft Concoction, Weakened, CONSTITUTION. 581 Weakened, and the whole Political Body was, by an ill Dige- ftion, like a Body Natural, Sickly and Infirm. II. The Members of Parliament, whether Lords or Com- mons, were, by a Law made by them Selves, fubfecjuent to their Original Constitution, in the Time of King 'David Bruce, ReStrained from the Privilege of Propofing, or Intro- ducing any new Law, or any Law for Altering, Amending, or Refcinding old ones, unlels fuch Law were firft prepared and pafled by a Committee of Parliament (commonly called the Lords of the Articles) : In the Nomination of whom, the King had ufually a prevailing Influence. This was likewife a grie- vous Crippling of the Parliament, and made their Legislature Lame and Decrepid. III. But the mod Unaccountable of all the Laws in thes.mderf.254.. World, was, That, in a Nation pretending to Freedom and Liberty, there Should be found ( as there was in Scotland ) a Law, that made it High Treafon to fpread JLftS of the King, or his Government (commonly called, Leajing-Making) or to know of any that do it, and not difcover them, without Speci- fying the Nature of thofe Lyes : The Words of which Law, were fo general, that no Man knew how to Speak, or Write, of the Administration, without being Involved within the Reach of this Law. This Law, therefore, Infers, to the Minds of Strangers, great Doubts about the Liberties of Scotland, whether the North Bri- tons were, before the Union, Freemen, or not 5 in Regard this Law Abrogates the Subjects Right of Petitioning the King, to Redrefs their Grievances 5 for no Man can Petition for Relief againft a Grievance, without Defcribing the Nature of that Grie- vance, and the Caufe and Reafon of it • becaufe a Grievance cannot properly be a Grievance, unlefs it proceed from fbme Illegal or Oppreffive Act, or Male Administration of Govern- ment, done by the King himSelf, or by others CommiiTioned by him. Now if that Suggejlion in the Petition (although it were in Fact true) fhould happen, by Partial Judges, or Juries, to be Voted a 2Lettl)tl£Et£D 5 for a Parliament was but a Piece of Pageantry, if the Clerk might declare as he pleafed, how the Vote went, and no Scrutiny was to be allowed. SECT. XXIX. SOON after, the King left the Scots, as much difcontented, at this unequal Return for their Dutiful Affections., as impo- verished by their Vying with the Engli/h, in expenfive Equi- page and Entertainments, to teftify thofe j Affections. But the King having fucceeded in the Attempt, which his Father could not effect, was much Elated, and refolved to pro- fecute his Defiom of Recovering the Church-Lands, and Sir Thomas Hope was made the King's Advocate, upon his Under- taking to bring all thofe Lands back to the Crown. And this Refolution was made no Secret, but was revived, notwithstanding the Kins had before, in the Year 1628. and before Matters were fully ripened, made a fruitlefs Eflay, to- wards that Refumption : The Manner of which, had been thus tranfacted. The King had fent down the Earl of Nithifdale, with a Commiffion, by which he and others were impowered, to take Surrenders with great Kindnefs, and threatning to proceed with Rigour, againfl all thofe, who mould not fubmit their Rights therein to his Difpofal 5 but the Owners of thofe Lands did, in a Body, armed with Piffcols and Whinyards, meet the Commiffioners at Edinburgh, having firft refolved, That if no Arguments could prevail with them to dejijl, they would, in T)efence of their Properties, do Military Juftice, after the jintient Scotifh Fajliion, by cutting the CommiJJioners, and their 'Party in Pieces 3 which being whilpered, the Earl of Nithif- dale clofed his Instructions, and retired to London, looking on the Service as defperate. SECT. CONSTITUTION. ^c, SECT. XXX, T H E Lord Balmerino, foon after the King's Departure from Scotland, fell under the Lam of the L.eajtng-Making-Law j the Manner was thus : One Hague, the King's Sollicitor-General in Scotland, being difiarisfied with the Manner of obtaining the Act of Parliament, drew up an Humble Petition, to be flgned by the Lords and Commons, and prefented to the King, in which was ftated their Grievances, and the Caufes of them, and praying Redrefs, and delivered it to the Lord Balmerino, who kept a Copy of it, and made fome Alterations therein, by Way of mollifying fome Expre/fions : The Lord Ba /merino trufted one Tjiinmore, a Lawver, his Counfel, with the faid Copy, to perufe and amend : He {hewed it to one Hay, who run away with it to Archbifliop Spotfwood, and the Archbifbop was in fo much Hafte, to carry it to the King in London, that he began his Journey on a Sunday. Hague fled to Holland, and a CommifTion came down t© try Lord B aimer ino for High Treafon, in Leafing-Making 3 The Court, upon the Tryal, adjudged, That the Suggefiions in the ^Petition, touching the Grievances complained of, were Lyes, or Hailing ( Oh Nefarious Wickednefs ! to declare, that a Grievance, ftated in a Petition, in Order to be relieved from it, High Treafon ) ; but in regard there was no Proof, That the Lord Balmerhio was the Author 5 for his interlineations, had foftened and mitigated the Force of the Allegations • ■' the Profe- cutors were therefore forced to refort to the other Part of the Leafing- Making Ehk&) viz. That the L'rifoner, knowing the Juthor, had not difcovered him', the Jury, confiding of Fifteen, whereof the Majority, might acquit or convict 5 Seven accjuitted him, and Eight, whereof Earl Traquair was one, convicted Jiim 5 viz. That the T'rifoner had not difcovered the Contriver of the Petition 5 and fo he was, by the Judgment of the Court, Attainted of High Treafon, and ordered to be executed : But the Lord Ba/merino was faved and pardoned, by Reafon the Scots in general, had aflociated, to execute Military Jujlice, after the old Scotif/o Fafhion, by cutting in 'Pieces the Judges, and the Eight Jurors, and by burning their Houfes, in Cafe BaU merino were executed. E e e e e SECT, 5(86 The BRITANNIC SECT. XXXI. THE King, by the Advice of Bifhop Laud, gave publick Orders, (at his leaving Scotland) to the New Bifhops there, to draw up and prepare, a Liturgy or Common-Prayer, and alfo Canons, to obferve and uie that Liturgy, and other Ceremo- nies in Scotland, and that the fame fhould be remitted to Eng- land, and there revifed and approved by three Englijlo Bifhops, Laud, Juxon, and Wren 5 and, after that, to be, by his Ma- jeily's Royal Authority, ratified and confirmed. The Drawing up and preparing this Liturgy or Common- Prayer, and the Canons to obferve it, took up the Space of* three Years, and then, very prepofteroufly, the Canons were publifhed near one Year, before the Liturgy (which, by thofe Canons, was commanded to be obferved) appeared. The Canons contained Matters fo furprizing, and Arbitrary, That the Fire and Rage of Diftruft and Jealoufy was kindled, as if Popery was to be introduced, and Scotland made a Province fubordinate to England. Some of thofe Canons were as follow 3 The whole Syftem was introduced and founded, on a Defi- nition of the King's Powers and Prerogatives, Aflerting the fame to be in every Thing equal, to thole of the Jewjh Kings 5 meaning, That they are Abfolute and Unlimited. That no Ecclejiajlical 'Perfon, Jhould hcome Surety, or hound for any Man. That no Ajfembly of the Clergy Jhould be called, hut by the King only. That every Ecclejiajlical ferfon, dying 'without Children, Jhould give a good fart of his Ejlate to the Church, and for the Advancement of Learning* That the Clergy JJoould have no private Meetings, for ex- pounding the Scripture. That CONSTIT U T I N. 387 That no Clergyman fhould Conceive 'Prayers, extempore, but be obliged to pray only, by the printed Form, prefcribed in the Book of Common Prayer. That no Man JJoould teach School, either publickly, or in any private Houfe, without a Licenfe from the Bi/hop of the TJio- cefs. That no Excommunication faould be pronounced, or Abfolution given, but by the Approbation of the BifJjop. That no Presbyter floould Reveal any thing, he fhould Receive in Confcfjion, except lots own Life fhould, by the Concealment, be forfeited. That no Perfon [Jjould be admitted to Holy Orders, or to Preach, or to Adminijler the Sacraments, without Jirfl Sub- fcribing to thefe Canons. Thefe Canons did, as the People apprehended, Affect and Alter the Temporal Part, equally with the Ecclefiaftical Part of the Government, and poflefied the whole Body of the Nation ( the Bifhops, and a handful of Men of their Party, only ex- cepted ) That none of their Rights, were Exempted from this Invafion 3 and efpecially, That their National Church Presbytery, by Law Eftablifhed, was to be wholly Extirpated, and in its Room, a Foreign Epifcopaey, illegally Introduced and Im- pofed. SECT. XXXII. I N this Place, a proper Paufe may Intervene, to Inquire, what Profit or Advantage the King's Minifters had in View, either to themfelves, or to the Crown, in Forming and Carry- ing on thefe Undertakings, which they knew to be, in Scotland, an Abomination 5 for it may be demanded, of what Signification was it to the Crown, whether the National Church 01 Scotland, were a Presbytery, or Epifcopaey ? The Problem is difficult to Refolve, any other Way, than that it was the Exercife of a Power, which defpifed all Limita- tions, and all Imaginations of a Difappointment. When ^88 The BRITANNIC When the Book of Common Prayer came to be Read, on the Twenty-third Day of July, -1637, in the principal Church, called St. Giles, in Edinburgh, after the Manner ufed in Cathe- drals, the Method appeared to the Scots ( as they alledged ) an Excefs of Levity ; and thereupon the fDoVuQ', by which that Liturgy, and the Canons to obferve it, were Jmpofed, was, as well by the Noble, as the Plebeian Women ( aflifted by the Mob, or Rabble) Oppofed and Pjifiurbed 3 infomuch, that the Biiliops, and the Readers, were (as if they were endeavouring to Introduce Popery) Treated and Hooted at, as common Ene- mies ; and that which made the Clamour, and the Scots Fears, more Outragious, was, For that the King, in that very Year, 1633, * n w hi c ' n he had given Orders, for the Framing and Im- pofing this Liturgy and Canons, had publifhed in England, Sanderf.175.flie Book for Licenfing and efpecially, That the Wrejiing from them the Church Lands, could mean nothing lefs, than to provide for PopiJJj Bifljops, and Abbots, Revenues fujficient to maintain, their Temporal Pomp atid Magnificence. SECT. XXXIII. THIS was the Conjuncture, which thok Engl ijh Noblemen sanderf 194, and Gentlemen, who Groaned under the Arbitrary Grievances, of Ship-Money, Tonnage and Poundage (now called Cuftoms) Monopolies, &c. but mod of all, under the Caufe of all Grie- vances 3 to wit, The Laying Afide 'Parliaments, and the Prero- gative lately Affumed, to ^InipofC Taxes, and Levy Money, by one of the Three Eflates, without the Concurrence of the other Two : I fay, 3£i)tS was the Opportunity, that thefe Gentlemen took, privately to ^jtltMtC and ^OlllCItC the Scots, to Raife an Army, and Invade England, promijing, Not only to Raife Forces, and 'Join and Ajjijl, but to pay the Scotifh Army, provided they would refufe any Treaty, but what Jhould he confirmed by a Parliament of England. For the Engliflo rightly Judged, and Inftrucled the Scots, That any {EOflt would foon Reduce the King to the Want of ^ffiftanCf, and fuch Want, would Necejfitate him to AlTemble a Parliament, and a Parliament would find Means, to Queftion, and Remove, and Punifli, thofe Miniflers, from whom the Grievances and Oppre/fions of both Nations, proceeded 5 And, moreover, would pay the Scots their Charges, and Reftore them to their Rights and Freedom : This was the Propofition or Principle, which was Infufed into the Scotiflo Leaders fuccefs- fully. Now, fince this ■JftttUtftttOtt was the fecret Spring, that gave Motion to all the future Proceedings, fome Account of it, in this Place, may be proper, for the Underftanding what follows. Fffff It 39° The BRITANNIC It was framed after the Manner of an Engagement, and was Signed by the Earls ofEjfex, Warwick, Bedford, Clare, Boling*. broke, Mulgrave, and Holland 5 and by the Lords Say, Brook, Kimbolton, and Savile 5 and by many Leading Commoners : And becaufe the Lord Savile bitterly hated the Earl of Strafford, becaufe he (as Prefident of the North) had borne down Savile, and his Father, He was trufted with the Original Engagement, to be conveyed to Scotland : But Savile firft took a Copy (moll probably, in his own Hand-writing) of the Engagement, and of the Names of all thofe that fubfcribed it 3 after which, Baker, 472. a Cane was hollowed, and the Original Paper put within it, and one Mr. Frofl was fent, as a poor Traveller, to deliver it. BURNET. It was to be communicated only, to three Perfons, the Earls of Rothes, and Ay gyle, and to Archibald Johnjton, Laird of Wa- rifloun, the three Chief Confidents of the Covenanters, upon their Oath of Secrecy ; but it was to be depofited, and was fo, in Warijlouns Hands 5 and they were only allowed to publifh to the Scots, That they were Jure of a very great and unex- pected JJJiflance, which, though it was to be kept very fecret, would appear in due Time : And here we may Leave it, to furvey the various Branches of that amazing Tree, which this Root, or Seed, Emitted and Nourished. SEC T. XXXIV. THE Scots Nation being thus fecretly JntHtCt) and Encou- raged, Embraced the Overture, and by Artifices and Amufe- ments, gained Nine Months Time, to Marflial themfelves into a Military Pofture, and to provide Officers, Arms, and Ammu- nition, to be Employed in the Undertaking, which aimed not , at any Damage to the King's Perfon, or Government, but to Reduce his Adminiftration, within the Bounds of the Confti- tution, in each Kingdom. When an Account came to London, of the Proceedings in Scotland, the King laid them before his Cabinet Council, or 'Junto, to confider, whether the Difobedience and 3DtftUtl)Cl£, the Scots did, in that Confirmation, attempt their laft Effort, by reiolving to fend a Letter to the Freiich King, which was advi- ied and compofed by Montrofe, tranferibed by Low don, and VolT 7".' %ned by Rothes, Montrofe, Lefty, Mar, Montgomery, Low Sanderf; \z^A on -> an ^ Forrefler : By which Letter, the Scots Addrejfed to the French King, as to a Sanctuary for afflicted States-, 'Praying Rufliwonh, the wonted Ajfiflance, which that Crown had always afforded to p *» u -*5* -their Nation. This Letter being Intercepted, by the Lord Traquair, and by him Delivered up to the King, his Majefty was extremely troubled, and objected to the Scots, the Indignity as infurferable 5 but the Scots boldly Avowed the Letter, as a National ACl, hi which, all Men (without Exception) were involved ; Arguing, That when a People are diflreffed by Sea and Land, it is allowed, by the Laws of God and Man, to call for Help from God and Man 5 and upbraidingly recriminated, That a Letter sifobedience to his Edi£i osr Laws, impofing on them the Laudable Rules, Rela~ ting CONSTITUTION. 395 ting to the Liturgy and Canons 5 their Rejijlance of his Regal Authority j their Breaches of the late '-pacification ; their Rai- Jing Armed Forces, and Money to pay them 5 their Offer, by a Letter directed to the French King, to rejecJ his Majejlys Go- vernment, and put themfelves under the French Kind's Pro- tection 5 and for that Purpofe, the Letter it felf was laid before the Parliament ; to which was Added, the Scots Threatenings, to invade England ; His Majefty Declared Thefe, to be th&Caufes of his convening this Parliament, and of his Defer e to be again Acquainted with them ; and, therefore, his Majefty 'Demanded, fpesdy Supplies, to IJUtliC 58L1&? upon the Scots, to vindicate his own Honour, and compel their Obedience, ' Sec. Intimating to them, That he did not expetf their Advice, much lefs, that they JJjould interpofe in any Office of Mediation 5 but that they fhould fpeed ffo Supplies, which the Progrefs of the Rebels called for, without Delay. The Manner and Matter of Convening, this Parliament, Afforded a large Field for Debate, and mewed the Commons the plain Difference, of Demanding Supplies in a Legal, and in an Illegal Method 5 it reprefented, the Diftinction between real and pretended NeceJJities, and a View of their Caufes and Effects. As to the Demand of Supplies, in an Illegal Method, the Inftance of the Ship-Money, fhewed, That when the King, by the Ship-Writs, commanded the Sheriff, to levy upon Mr. Hampden, a Sum of Money, the Caufe, fuggefted in the Writ, was, for that the Kingdom was in Danger, and that there was a Neceffity, to prevent that Danger ; but that Danger and Necejfity, was wrapped up in a Cloud, which no Body, befides the Kings Minifters, could penetrate, or could fee, or difcern, either what the Danger was, or from whom, or from, whence it did arife 3 or, whether it was a Great or Little, or a Remote or Near Danger, nor whac Proportion of Means, were neceifary to prevent it 5 and yec Mr. Hampden was denied Liberty, to Traverfe, or Try the Truth of that fuppofed Danger, or the Neceffity to prevent it 5 for the King's Suggestion was Adjudged to be conclufive, and he, Mr. Hampden, was told, it did not lie in his Mouth, to contradict the Royal Averment, But ?9 6 "The BRITANNIC But now, when the King came to Demand Supplies, in a LegaL Parliamentary Way, to enable him to make War, to prevent a fuppofed Danger, his Majefty was obliged to open and declare the Nature of that Danger, the Perfons from whom it did arife, and the Caufes which produced it. The Scene being thus opened, it was generally underftood, and privately argued, That his Majefly, by the Afftjlance of Evil Minivers, had (in Scotland) ajfumed a Legislative Prero- gative, and, under Pretext thereof, had made Arbitrary Ediffs, or Innovations, by which he had extirpated the National Pref- bytery, introduced and efiabltfhed Epifcopacy, and impofed a Li- turgy and Canons upon the Clergy, BJitijOUt the Concurrence of the Ejlates of that Kingdom, in Parliament Ajfembled , and had infifted, That thefe Prerogative-bijlitutions (although contrary to their Conftitution) ought to he complied with, by the Scots Obedience* The Scots had argued, That thefe Editfs (being Illegal) ought not to be Obeyed 5 infifting, That if the King had fuch a Legijlative Prerogative, as was Authoritative, and Irrejiftible, he might, with equal Authority, (if his Mind had inclined him) Aboliflo Protejlancy, and Rejlore, and Impofe the Antient Po- pery, and even Idolatry ; and that all their Laws, fecuring the Liberty of their Perfons, and their Temporal Properties mujb necejfarily fall before the Strength of fuch un unlimited Supre- macy 5 and, confequently, That the Scots were become Slaves ; for that Slavery and Arbitrary Power were correlative, it being impoffible, that there can be Arbitrary Power in the King, without Slavery in the Subject , nor Slavery in the Subject, without Arbitrary Power in the King, the one being the Root, and the other the Fruit. It was privately debated, That if the Scots were not f<), then what they did, for the Recovery of their Liberty, was not Illegal y And if what they fo did, was no Wrong, then a (EC! At made upon them, with Englifli Forces, was to Subdue them, and Compel 'em, to fubmit as Slaves, to what was Illegal, and as fuch, Unjuft, and could End in Nothing, but Supporting that Illegal, Unlimited $0flKt, which equally Prejfed England. That: CONSTITUTION. 397 That fuch a tSXMt was, in EfTecT:, to Impofe a Law, ?7ai? j Manfiould not H>Sfent) Z>« Perfon, againfi Wounds and Im- prifonment ; or /j/s 'Property, againfi TJepredations, or the Laws, or Conjtitittions of his Country, again (I fuch, as would Illegally fubvert them All, which would, in any Man's own Cafe, appear Monftrous. It was, moreover, privately urged, That the King had no more Right, to v.fe the Forces of England, being a Foreign King- dom, to make CtRfit upon his Scots Subjects, and to Subvert their Fundamentals, than he had, to Call in French Armies, to make War, upon the Englifh 'People, to Enflanje them, by Sup- porting with thofe Forces, his Prerogative-Impojitions of the Taxes 0/ Ship-Money, Tonnage and Poundage, &c. And as to the Scots Letter, to the French King, the Turn which the Scots gave it, took off all Impreffion, and fo it fell to the Ground, and was never more fpoken of. From thefe Premifes, the Conclufion was evident, that a v^cUnc upon the Scots, to Support fuch a Prerogative, as Enllayed them, was Unjuft; and if fo, the Isecefjity of Supplies, to Raife an Army, Vanifhed. It was Argued, That the King needed no Forces, for he had all the 'Power, to obviate the War, in himfelf; for if he would pleafe to Revoke his own Edicts, and T)eclare them Illegal, and would 2)lfclaim the pretended 'Prerogative, by which tloey were made, and make the Punifiment of the Advifers, Exemplary, it would remove the Caufe, and then the War, which was the Effect, would, for want of Fewel, T)ie and be Extinguijh'd. SECT. XL. AFTER the Parliament had fate about feven Days, and made no Steps towards granting the Supplies, the Court grew Uneafy ; whereupon there paifed an extraordinary Occurrence, in which the Conftitution, as to Excluding the King, and the Lords, from meddling in the Commons Proceedings, about giv- ing Money, was Cleared and Vindicated 5 for the King finding the Commons bent upon the Grievances, and Portioning the H h h h h Supply, 39 8 The BRITANNIC Vol. I. 134. Supply, his Majefty went to the Houfe of Lords, and, in a Clarendon, Speech, Reprefented to the Peers only, the Urgency of hisOcca- fions, in Relation to the Scots, and prevailed with them, to demand a Conference with the Commons, and there, to propofe to them, by Way of Advice, That thy would begin with giving the King a Supply, in Regard the Neceflity of his Af- fairs, required Speed and Expedition, and afterwards to pro* ceed upon the Grievances 3 With which the Lords Complied, and, at a Conference, gave that Advice to the Commons. But, by this Intermeddling of the Lords, the whole Temper of the Commons was Shaken 5 forafmuch as they infilled, That by the undoubted Fundamental Right of the Commons in 'Parlia- ment, all Supplies ought to have their Rife and Progrefs, and whole Modelling in their Houfe 3 and that that Right had ne- ijip;<30OttCP, notwithstanding it had been ^QftlDgeD J)iS 3ftigl)t, was not willingly Submitted to, by the 0COpIC 5 therefore, to manifeft his good Affection to his Subjects in general, his Majefty made this Propofition, That if the 'Parliament would grant him twelve Subjidies, to be paid in three Tears, by Injlalments, his Majefty would then iiMCOVtl£t would enable him to take, the People might T)efend, what their ^OUJCt would enable them to T)efend : ^OVOtX y therefore, was, according to the Minifters, to Determine the ^Difference. However, the new Loan, that Was before begun, was now compleatedj and within three Weeks after the Diffolution, the Sum of 300,000 /. was made up, and paid into the Exchequer, and therefore the Raifing new Forces in Eng- land, proceeded, and the Army was augmented to 20,000 Men. SECT. XLII. Echard 48c BUT the Scots made greater CjCpCtUtiOn, and on the 21ft of Augujt 1640. entred, or invaded England, and purfued their EnglifJj Inftrudtions, by publifhing two Manifefios 5 In one of which, they infinuated, That their Addrejfes to the Royal Ear, were, by Laud and Strafford, &c. interrupted and diverted 5 That thefe Minifters were fupported by the §hteen, as JJoe Ap- peared at the Head of the PopifJo Fafiion, and prejided in all State-Conncils and Refohtions, and made the Neceility of their ^sDCttHCC appear, in that they were the molt proper Injlritments> to opprefs the Liberties and Reformed Religion, in the three Kingdoms : In the other Manifejlo, they Declared, They had no T)ejign to wajle the Goods, or fpoil the Country ; but only to become ^Petitioners to Ajfemble an Englifli 'Parliament -, Mo- deftly Defiring, That fuch of the Authors, of the Troubles and Miferies of both Kingdoms, as were Scots, might be Tryed and tPuniJJied in Scotland j and that Laud and Strafford might have fuch Punifoment, as the Englifli Parliament (Joould adjudge they deferred* Thefe CONSTITUTION. 4.05 Thefe Manifeftoes had the defired Effect, and fo Influenced the Northern Gentlemen, that the Scots marched all the Length of Northumberland, rather Welcomed, than Oppofed, until they came to the PafTage over the STyne, at Newburne, where they Defeated a Detachment of the King's Army, under the Conduct of the Lord Conway, and paffing that River, they Seized and Poflefled Newcajile, and [Durham, and laid the Counties of Durham, and Northumberland, under Contribu- tion ; And even Torkfjjtre feemed rather willing to Receive the Scots, as Friends, than to Raife their Militia, and Drive them out, as Enemies. ■■> Earl Strafford, Lord Lieutenant of Ireland, (being at Dublin) upon the firft Notice of the Scots having AiTembled an Army, to Invade England, forthwith (and before the King had fo done in England) caufed a Proclamation to be Iflued, whereby the Scots were proclaimed i&Cl)CiS autl XttiptOjS 5 And his Excel- lency being, in the Exigency of State, called home to England, He, at his parting from Dublin, and delivering the Sword there, utter'd thefe Words, If ever I return to this Honourable Sword, I will not leave, of the Scots, in Ireland, Either Root or Branch ; And when he came to England, he fpared no Pains, in the Cabinet Council, to prefs on the W&'&t Vigoroufly againfl Scotland, and to break all Counfels, tending to AlTemble a Par- liament in England. But the Scots having Seated themfelves in Newcajile, and Durham, they let the King know the main Defign of their Inva- Jion -, and, after the manner of Subjects ( and not Enemies ) Petitioned his Majefty, to permit their Grievances to be, by a Parliament Convened in England, Redreffed. SECT. XLIII. I N this Place, may be taken a clear View of the then Government. There's no doubt, but the King's Minifters, who, for many Years, had governed with a high Hand, and made his Majefty appear to his Subjects, Great and Formidable, were grieved at K k k k k the 4 o6 The BRITANNIC the Heart, that all Men fhould now fee the King want 'Power to Encounter, what (in Comparifon with the 'Power of Eng- land) might be called a fmall Scotiflo Incurfion. This, however, gave his Majefty a plain Difcovery of the Imbecility of his Arbitrary Oracles, Archbifhop Laud, Straf- ford, &c. for now, when he wanted Affiflance, thofe Minifters could Adminifter no Comfort, nor Raife for their Mafter, Men, or Money : The whole Profpect of Doubling, or Trebling the Ship-Money, and other Arbitrary Impositions, on a Ridden Vanifhed, and in their Room, there Stared in their Faces, the 'Dreadful NeceJJity, of accounting for their paft Behaviour, to the two Eftates of Lords and Commons, whom they had Infuffer- ably provoked, and whofe Rights had been, fo long, and fo injurioufly Invaded and Opprefled. The Minifters Politicks, never dreamt of Land Dangers, and therefore the Innovation of Ship Writs, to Raife Money, without the Authority of Parliament, againft Sea Dangers and Invajions, would not ferve in this Cafe of Land Invafions 5 There is no doubt, but the then Judges, would have determined the Law to be, That the King, by Writs, or Royal Mandates, ( to be called Border Writs ) might, by his Sovereign Power, without Authority of Parliament, ^JHipofC Taxes, and Raife Money, in the one Cafe, as well as in the other 5 and that his Majefty was the fole Judge of the Danger, and of the Means to prevent it; but the Mifery was, the Scots were at Hand, to HDlfttttb the Execution of fuch Illegal and Arbitrary Mea- fures. In Fact, the Minifters, confcious of their evil Adminiftration, equally Feared and Hated Parliaments, and had driven the King out of the Courfe of Meeting them 5 and, therefore, turn- ing every Way to avoid them, they Advifed their Mafter to call together the Peers, and fee what Relief they would afford 5 but this Counfel was as Fruitlefs in the Event, as it was Weak in the Conception ; for how could it be expe&ed, that $pn& of the Two Eftates, that had fo long been deprived of their Rights, Privileges, and Seats in Parliament, would Affift in continuing that new ^>0tf of Government ? The CONSTITUTION. 4°7 The Summons of the Peers, required chem to Attend his Majefty at York, the 24th of September, 1640, which occaflon'd a fort of Interval of Thirty Days 5 but the Scots Army being at Hand, precipitated the Vigour of the EngJiJb Nation, infomuch that Twelve of the Peers, laying afide the King's prohibitory Commands, in the Proclamation of : April 1619. prefumed to Petition his Majefty, to AiTemble a Parliament, which was feconded by a 'Petition for the fame Purpofe, from the City of London : So that now the Energy, and Spirit of the Confiitu- tion (like the Sun from an Eclipfe) broke out, from under the Minifters Oppreffion, and fhone in its full Luftre 3 for the Legi- dative Prerogatives, together with the Minifters, did, by the Warmth of it, melt, and equally moulder away. The Caufes of the (K£Wt did, in this Light appear to be fictitious and unjuftifiable, and this Conftitution fo inlightened every Man 5 that the common Voice of the King's own ^tllip was, That the Scots Grievances, about their natural Presbytery, and the Liturgy, and Canons, being unworthy of a War, ought to he fettled by a Treaty in Parliament, rather than (by Fighting and Bloodfhed) to compel their SubmiJJion, to an Authority, (which, they infifted, was Illegal 5 for no Man could wifli 5§>UCCrf& m this War, without wifhing England to be, by the like illegal Power, CU(itlt)Ct) : Which proves, how natural and eafy it is, even to the common People, to apprehend the right Side of the Queftion. The King feeing a Foreign Army of Scots, and his Englifi Subjects importuning the fame Thing, [a Parliament]] was, in a Manner forced and violently compelled to call a Parliament 5 for the noble Hiftorian informs us, 'That his Majefty when he came Clarendon. to York in Auguft, 1640. neither meant, or intended any fuch c Thing, as calling a Parliament, but that That Refolution was wrought by T)egrees : However, this fpeedy Refolution pre- vented the clamorous Petitions that were coming, from all Parts of the Nation 5 for now the People's Voice, like a Tor- rent, broke through the Royal Command, refuming their An- tient i&!C$f, to Speak of, and Demand, or (in the Proclama- tion Phrafe) prefcribe the Time for holding Parliaments. 60, 161. SECT. 4 o8 The BRITJNNIC SECT. XLIV. THE Scots Invafion was that forcible and violent Spring, which gave the Englifij new Spirits, after they had, for twelve Years, languished under a flrange Adminiftration -, ^dCtitlOUSf therefore were fent from London, and from ibme Counties, Burnet, praying of the King, a %tftltp with the Scots, fome of which Petitions, were Delivered to his Majefty, by the Lords Wharton and Howard of Efcruke ; but the fame being, by the Mini- fters, Deemed favourable to the Enemy, it was refolved pri- vately, in a Council of War, in which Strafford prefided, That thofe two Lords fioould be ^IjOt at the Head of the Army, as Movers of Sedition 5 but Strafford had a Whifper given him, 'That if any fuch Execution were Attempted, the Whole Army would Mutiny, and probably 3ftct)0lt, and, perhaps, in a Rage, do Military Juflice, by Cutting him and Ins Friends to Pieces 5 This Whifper was, probably, the Reafon, why my Lord Cla- ciarendon, rendon wrote, That the Army was not fo much Incenfed again ft Vo1 ' l? 9 'the Scots, as againft Strafford 5 and that the King had no Ground to be confident of his own Army : The two Lords were, for that Reafon, Difcharged, and the Matter huflied. This is mentioned, to remind the World of two Things 5 I. Unparalell'd Super'intendency of Strafford, who dared to Adminifter to two Noblemen, his Equals, fuch Treat- ment. And, II. That as the Provocations, by Impojing the Tax of Ship- Money, &c. and by the Affronts to 'Parliaments were <25cneral, fo the Averfion to the Minifters, and the Englifli Inclinations to the Scots Errand, were equally General. When the Lords met at Tork, on the Twenty - fourth Day of September, in the Year 1640, and had heard, a lamentable Rehearfal of the Scotifh Diforders and Invafion, Sanderf^.The Earl of Strafford was the only Perfon, in that Aflembly, D'Orleans, that Raged againft the Scots, Declaring, They were Tray tors, and Enemies to Monarchical Government, and propofed, and under - CONSTITUTION. 409 undertook to maintain the (EflHtlt, with fuch Englifh, as were Clarendon, Loyal, and with his Irifh Troops, on whom he could iIMp, Sanded ;?i, and Intent the Queen might have the Honour of it, and to endear Echard 481. her to the People : but the Event was contrary 5 for the People's Opinion, That the State Revolutions had been, by the Queen, and her Popifh Cabal, wholly Directed, was, by this Declara- tion, Confirmed ; However, the King's Intimation of what Counfels moved him, proved, That his Majefty very well underftood, What Enraged his People, and What would Endear him to them. Thefe Lords, when Aflembled, in Order to the Calling of a Parliament, propofed and advifed ( amongft other Things ) a 'luttili'P with the Scots 5 in Anfwer to which, the King told them, That he having already Refolved to call a Tarlia- ment, and for that Purpofe had ordered Writs to be Iffued 3 that Occurrence, therefore, had now rendered all Confutations with their LordfJjips, upon the prefent Conjuncture, Unfea- fonable 5 but 'as to the Treaty, his Majefty confented to it 5 and after fome Intercourfe, by Meflages, with the Scots, Rippon, between Tork and Durham, was agreed to be the Place of Treaty 3 and, in Order thereto, the King Au- thorized and appointed Fifteen Peers, to Meet and Treat with the Scots Commiflioners : The Names of thofe Lords are fct down, in my Lord Clarendon, mod of whom, Clarendon, LI 111 though Vol - I ' , »- 4.io The B R I T A N N I C though 'twas not then known, had ^ftMtCl) the Scots to make this Invafion. When the Commiflioners, on both Sides, met at Rippon, there was not one of the Engliflo Commiffioners, to whom the Scots Complaints of Grievances, were not Agreeable, and particularly their Grievances, proceeding from the Excefs of the Queen's Power, of which they complained, and to which they afcribed thofe Grievances, were but a Counter- Part of thofe Sufferings, which the Engliflo had, during all this Reign, borne and endured : The Scots acted, in all Things, according to their Clarendon, ^tftltCtS I n ft m &i°n s > and particularly promifed, they would Vol. i. 157- never return, until Provifions were made, as well for Refto- rincr the juft Liberties and Freedom of England, as for Efta* blifhing their own in Scotland. In fine, a Treaty being Refolved on, a CelTation of Arms was alfo agreed on, and the Boundaries between the two Armies were fettled, over which, either Party was not to pafs : To enlarge which Boundaries, the Englifi Lords conferred and agreed, That the two Counties of Cumberland and Weft" moreland, mould be added, for the better Enabling the Scots, to extend their Contributions, for a prefent Subfiftance, and to raife 850 /. per Diem 5 but the reft of the Treaty was Ad- journed to London, to be there compleated 5 of all which, the King approved, and thereupon, at the Inftance, and upon the Credit of thofe Lords, the City of London, to fupply the Exi- gencies of the Army in the North, chearfully advanced to thofe Lords, a Loan of 200,000 /. and lb the King returned from Tork, to hold the Parliament at Weftminfter. SECT. XLV. Vol. I. 161. THE Noble Hiftorian could not forbear Exclaiming, That it was ftrange, that all the Indujtry and Learning of the late Tears, had been bejlowed in finding out, and Evincing, That in Cafe of jj^CCCfOtp, an y extraordinary Way for a Supply was Lawful; and upon that Ground, had proceeded, when there was UO JiSCCtfOtp 3 Mid now, when the Neceffity was Appa- rent, Money mufi be Levied in the Ordinary Courfe of 'Parlia- ment, which Courfe was then more extraordinary, as York muft be defended from an Enemy within 25 Miles of it, by Money to be CONSTITUTI 0~N. ~JH be given at London, Six Weeks after, and to be College A within Six Months after that : That in the Cafe of the Ship-Money, the Seafon and Evidence of jj^CCClIiiy Ottlp, had been ghiejii- oned, and the View of it, in a Perfpeftive of State, at a DL- fame that no Eyes could reach, was denied to be Ground enough for an Impojltion : As no Man could pull down his Neighbour s Houfe, becaufe it flood next Furze, or Thatch, or fome Com- buftible Matter, which might take Fire, altho he might do it when that Combujlible Matter was really on Fire : But it was never denied, that Flagrante Bello, when an Enemy had actually Invaded the Kingdom, and fo the Neceffity, both feen and felt, all Mens Goods are the Goods of the 'Public!:, to be applied to the pub lick Safety, and as carefully to be Repaired by the publtck Stock. The Hiftorian was pleafed to Add, That it was very probable, a Parliament called at that Juncture, would do the Bufinefs. of the Scots, and of ' thofe who "JjfaltHtCi) them, whereas, if the King had pojitively declared, That he would have no Parliament, fo long as that Army (laid in England; but as foon as they were retired into their own Country, he would fummon one, and refer all Matters to their Advice, and even to be Advifed by them, in Compofing the TitftraHions of Scotland; He J aid, It was probable, the Scots would, either willingly have left the Kingdom, or fpeedily have been Compelled ; There being at that Time, an Army in Ireland, ready to have C0t- latin* This Argument, and thefe Conclufions of the Noble Hifto- rian, had been very Reafonable, if the Premifes, on which the fame were built, had been probable 5 for if the Scots had, as Enemies, Invaded England, and had come to Deftroy and En- (lave this Nation, the Calling of a Parliament, would have been an Act, not only Necejfary, but Wholefome 5 for if that had been the Cafe, the $fepiC would ( in their own Defence ) have Chafed home the Invaders. But the Reverfe was the Cafe $ for the Scots came, as Friends, to Save and HflCttC England, as well as Scotland, from under the bitter Prejfures and Sufferings, which Grieved both, by the Means only, of a Free Parliament 5 and therefore they knew, that England would, by its Parliament, do the Bufinefs of them ( the Scots ) and of thofe that 3ItttHt£t) them : It is therefore more probable, That if the King had declared, He would have no Parliament 'till the Scots were Retired, a general 2j*£H0lt had 4 12 The BRITANNIC had enfued ; for the Diftruft of the Lords and Commons was be- come Incurable, in Regard there could be no Dependance on thofe Counfels, which were every Hour Alterable, by the Influence and Power of the Popifli Cabal : They therefore refolved to make Ufe of the Scots, to fupprefs the Ufe of that Power, by which, the Ufe of Parliaments had been fuppreiTed : For which Reafon they Treated the Scots, as Brethren under the like Affliction, and even 'jJD0;i$'D them, as XilofC OUty, who could (as they did) Enforce, and even Compel the AlTembling, and Continue the Sitting of an Engli/b Parliament ; for without them, they knew their Sitting, as foon as it Difpleafed, would be Difmiifed. SECT. XLVI. THE Lord Saviles Difcovery may be AfTigned to this Place j for after the Scots were Seated in Newcaflle, and 'Durham, and the general Torrent had broken forth on the King, Recjuefting, or rather 'Demanding, a Parliament 5 and after it was found, That the Army and Country were more Incenfed againft the Lord Strafford, than againfi the Scots, the Lord Savik con- cluded, That Strafforrts Power could not long continue ; and therefore he haftily Deferted his Party, and difcovered to the King, the grand ^ItUMttltiOn, anc * produced to his Majefty, a Copy of the Engagement, and told him, in whofe Hands the Original was depofited : But this Copy being written with Savik's own Hand, could be no Evidence ; The Force of it, therefore, was to reft on that Lord's own Credit and Reputation. The King feemed greatly Obliged, and privately Committed to the Lord Strafford, the CfltC of Improving the Intelligence, in order to find and colled Evidence, to Impeach the ^tlttttCrS : How- ever, the Lord Savik obtained from the King, a Tromife to fucceed in the Prefidentfhip of the North, in Cafe Strafford fhould be Removed. Meafures were therefore Concerted in the Cabinet Council, That Strafford fiould Collect what Evidence he could, of this 3lttiHtiitiOI1, or Conjpiracy, and fiould repair therewith to London, and Impeach the principal ^UVlltCtS, an ^ efpec'ially Mr. Pym, Mr. Hampden, &c. o/High Treafon. SECT- t CONSTITUTION. 4 rc> SECT. XLVII. I N November, 1 640, was opened that €0CJUO?0i)CtngntP ( i. e. Arbitrary Power) that c had been ever Executed by any Subject. My Lord Clarendon Writes, That Strafford made the worfiVoii. 221. Exatfe for this ^ftbitt&VF Afl of his Power : And from what he fays, it may be Collected, That the Earl's Defence Aggra- vated the Offence 5 for the Earl infilled, That the Lord Mount- Norris was an JJufOiCUt Perfon, and that he took that Courfe to humble him : A rare Excufe ! That becaufe the Earl looked O o o o o on 4 22 The B R I T A N N J C on that Lord, to be an 3?nf0i(tU Man, he, therefore, to hum- ble him, would Subvert and Violate the Fundamental Law, by taking away his Life, and Fortune, without any Crime, and without a Legal Tryal. The Noble Hiftorian is pleafed to fay, That the Earl Submitted to the Pcenam Talionis, w%. To have the like Sentence pafs upon hmifelf, Jo as he might have the like Pardon 3 which was a plain Confeffion of the Guilt. The Noble Hiftorian adds, That Earl Strafford's own T)e- fence Aggravated his Crime, by his injijling, That when Mount- Norris was Condemned, he ( Strafford, although a Subject ) publickly declared, That a Hair of his Head J/mt Id not T'erifi 5 and that He procured the Pardon : This was aflliming Royal Power. Clarendon, Vol. I. 221. For, fuppofe the King would not have Pardoned, then Mount-Norris had continued Condemned ; And as to the Hairs his Head, Strafford (notwithstanding his Declaration) flopped him of all his Offices ( if thofe might be termed Hairs ) and Crippled him in his Liberty, not fuffering him to come for England. The Noble Hiftorian ( who, doubtlefs, knew the Truth ) is pleafed to add, That the Lord Mount-Norris was a Man of great Indujlry, Activity, and Experience, in the Affairs of Ireland, and that the Earl looked on him with great Jealoujy, left he Jlmdd, as he had done, by other Lieutenants, inform the Earl's Enemies of the Illegal Alls and Opprejjions, which had been done, during his Government 3 fo that this Tiilemma feemed Unqueftionable, that either Strafford muft deftroy Mount-Nor- ris, whilft he ( Strafford ) continued in his Office, or Mount- Norris would deftroy him, as foon as he fliould be out of his Office 3 which made the Injuflice and OppreJJion, the more Formidable. If a Lord Lieutenant of Ireland, fliould, at this Day, pra- ctice on the Irifh Nobility fuch Experiments, the Parliament of England would think no Punifhment too Great, for fuch an Arbitrary Proceeding, SECT, CONSTITUTION. 423 SECT. LI. I. AS to the Earl's Anions, in Relation to Mens Liberties $ The Impeachment charged the Earl, 'That he, upon a bare 'Petition to himfelf as Lord Lieutenant, had made an Order or 'Decree againji the Lord Chancellor Loftus, without any Legal Procefs or Proceedings 5 and had, for Difobedience to that Order, and for refujing to deliver up to him the Great Seal 5 imprifon'd the Chancellor 3 and, after that, had procured the Great Seal to be taken from him. My Lord Clarendon was pleafed to write, That this was ifiover it ? Shall Punifhment for a Breach, precede the Pro- mulgation of the Law ? Where was the Token which fJoovM foew the danger, or where was the Buoy, or Indication, to Jloew him how to avoid that T)anger ? What Mark was Jet upon the T)oor where the c Plague was, to prevent his Entry, and to Efcape the Infection ? This was a moving Sort of Argument, and made on the Auditory, great Impreffions. SECT. LV. THE Managers for the Commons, Replied, with the like Allegories, That if the Owners of a Ship, freighted with a Cargo of vaji Value, Jloould conftitute a Commander, to prefide hi the Voyage 5 and if that Commander JJjould throw Over-board the Ballaft, Break the Rudder, Spoil the Compafs, Cut the Anchor, or Cable, and, after that, Hoifl the Main Sails, fuch a Ship would inevitably Bulge upon Rocks, or Sands, and no Buoy, or Light-houfe, could be of any Value, to a Ship fo Com' manded: Now if the Owners could borrow their Neighbours Boats, Purfue, and Board the Ship, and Seize the Commander, would not the Tard's Arm, be the 'Place to Chajlize him ? They added, That when it is known, that a Rich Booty is in the Houfe, a Mark on the T)oor, fignifying, that the Plague was within, would be of little Signification to deter a Spoliator. SECT. LVI. BUT the Lords admitted Counfel on the Earl's Behalf, to Clarendon, Argue the Point of Law 5 and, accordingly, Mr. Lane, of Vol.1. 2*5- Counfel for the Earl, Introduced his Argument thus, viz, That he would not pretend to fay, what kind of Crime it was, to CllBCiiUOUt to Subvert the Fundamental Form of the Govern- ment, or of the Laws of the Land, He admitted, that fuch a CVUUC was Unnatural, and Monjlrous, and the Punifliment ought to keep the fame Proportion : But he argued 5 I. That C N ST I T U T I N. 429 I. That all Treafbns were Reduced to the Particulars fpea- fied in the Statute of 25 E. III. cap. 2. II. And that nothing elfe was, or could be, Treafon. That by the Statute of 1 H. IV. cap. 1 o. It was EnacJed, That Nothing fhould be Judged Treafon, but what was Or- dained by the Statute of 25 E. III. cap. 2. That no 'Precedent of any other Treafon, could be fiewed fince that Time^ That by the Statute of 1 ° Mar. cap. 10. all Tryals of Trea- fon Jljould be according to the Rules of the Common Law, and not otherwife. That an CuDfttbt)tXtUK5 the Fun- damental Laws, and the Introducing an ^Vbttftltp Govern- ment in this Kingdom, were not Treafon $ and that therefore that untimely Speech could have no other End, but to 26iilft the Credit of 'Parliamentary 'Proceedings ; and thereupon the Houfe came to a Refolution, and voted, That this Atf of his Majefty, was the mop unparalkU'd Breach of Privilege, that had ever happen d 5 For if the King might take Notice of what Bills were paffing in either Houfe of Parliament, and Declare his own Opinion, before the fame, in a Parliamentary Courfe, came before him, It was to fore-judge their Counfels, and they fhould not be able to fupply the Common- Wealth with wholfome Laws, Suitable to the Difeafes it Laboured under 5 That this was the greateft iDbfttUftlOU of Juftice, that could be imagined, and that the Privileges of Parliament were thereby invaded and vio- lated. It is Storied of Bifhop Juxon, as an Immortal Inftance Eachahl,. of his Inviolable, and Invincible Fidelity, and Integrity, That when his Turn came, ( as a Privv Counfellor ) to R r r r r give 434 The BRITANNIC give his Opinion, about the Palling or Rejecting this Bill, he Heroically told the King, That if his Majejly was not fatisjied in his Conference, with the Treafon, viz. That the Subverting the Fundamental Form of this Government, and of the Laws, and the introducing an Arbitrary Government; was Treafon, He ought not to do any Thing, with an un fatisjied Con faience, for any Confederation in the World. Clarendon, But it may be Storied of Doctor Williams, the Archbifhop of York, as an Inftance of his Greater Sincerity, Fidelity, and True Affection to his Majefty, and his Royal Confort, and to their Progeny, That he, when his Turn came (as a Privy- Counfellor) to give his Opinion and Advice, about the Pafling, or Rejecting that Bill, did Heroically (becaufe without Flattery) tell the King, That if his Majejly was fatisjied in his '■Politi- cal and Legal Con faience, That the Subverting of the Funda- mental Form of this Government, and of the Laws, and the Introducing an Arbitrary Government was High-Treafon, (the Facts Endeavouring to do it, being undeniable) He ought not to contradict that Political Conference, under any Pretence of Gratifying a Private Confcience or Inclination ; which might be, by Flatterers, created and nourished 3 becaufe any Confci- ence, which differed from the Fundamental Form of the Go- vernment, and of the Laws, was not only Erroneous, but Re- bellious to his Coronation Oath, and the Hearkening thereto, might infer, his Abdication of this Form of Government. The King being, at this Time, convinced, by the Irrefiftible Truth and Force of the Archbifhop of Tork's Reafons, and Advice, paffed the Bill of Attainder of the Earl of Strafford. The Earl of Strafford was Executed 5 and nothing can be Added to what Hiftorians have laid, concerning; the Acutenefs and the Compafs of his Underflanding, his unlimited Riches, and the Arbitrary Power, which his Prince permitted him to Exercife $ but only, that he wanted the Cautious, or Subtle Po- licy, neceffary to a Statefman : For his Conduct made it believed, he had imbibed the Maxims of the Clt)ll JL&VO, and with them an inveterate Enmity to the Limitations of Govern- ment Inftituted by this Conflitution, and the Common Law of the Land. The CONSTITUTION. 435 The Lord Samile, pending Strafford's Tryal, made to the King and Queen privately, a fuller T)ifovery of all the Secrets he knew, touching the ^ntilttlttOn of the Scots, and what Lords and Commoners, in both Kingdoms, had conipired to effect that Invafion, expecting, doubtlels, for the Merit of that Service, great Advancement, in Performance of the Kind's Promifes. SECT. LX. THE Reprefentation of the Conftitution would ftill be 'De- fective, if fome Notice were not taken of the Impeachment of the Judges, for their Extrajudicial and Judicial Opinions, in the Cafe of the Ship-Money, and of thofe Reafons that were offered, to fupport the Impeachment, which cannot be ftated, without Repeating the Cafe, and the Judges Opinion. Five of the Judges were Impeached for High Crimes and Mifdemeanors, and Judge Berkeley for High-Treafon. The Overt-Facts to maintain the Impeachment were • . That the King had fcnt a Cafe to the Judges, Jtgned by him* felf, in which the ghieflion was, When the Safety of the King- dom in general, is concerned, and the whole Kingdom in Dan- ger 5 Whether may not the King, by Writ (or Letter) under the Great Seal of England, Command all the Subjects, at their Charge, to provide and furnifh fuch Number of Ships, with Men, Victuals, and Ammunition, and for fuch Time as he fhall think fit, for the SDtffttCC °f tne Kingdom, and by Law Compel the Doing thereof, in Cafe of Refractorinefs ? and Whether, in fuch Cafe, Is not the King the (olC ^fUftfitf both of the Danger, and when, and how it is to be prevented ? To which Cafe, the Twelve Judges gave this Anfwer, fub- fcribed by them All : When the Safety of the Kingdom in general is concerned, and the whole Kingdom in T) anger, the King may, by fuch Writ, Command all the Subjects, at their Charge, to provide and fur- ■nip fuch Number of Ships, with Men, Vi finals, and Ammuni- tion, and for fuch Time as his Majejly pall think fit, for the SPtfencc 43 6 The" B R [TANNIC IDCffUCC of the Kingdom 5 and that by Law, the King may COUipd the Doing thereof, in Cafe of Refrafiorinefs 3 and that the King is the folc 3 u ^6 e > both of the Danger, and when, and how it is to be prevented. The Proceedings upon this Opinion, and the Judgment given, purfuant thereunto, againft M. Hampden, are before ftated. The Arguments to maintain the Impeachment, were to this Effect 3 viz. That the Judgment that enfued, was a 'Plenary Execution of the Opinion, and had Declared the Law to be, or rather had made a New Law, That the King may Declare Danger, as often as he pleafed 3 Which was made Good, by the Words, The King is the fole Judge of the Danger, and of the Time when it is to be prevented. That fo often, the King may alter the Property of Mens Efiates, by thefe Words, That his Majefty may, by Writ, com- pel the Subjects, at their Charge, to provide Ships, &c. That this Alteration of Property, may be in what Propor- tion the King pleafed 3 for by thefe Words, His Majefty may command them to provide fuch Number of Ships, and for fuch Time as he {hall think fit. That this Power included Mens Perfons 3 For by thefe Words, The King may Compel 3 in Regard, he is the fole Judge of the Danger, and how it is to be prevented 5 for if the King was the fole Judge, and had Power to compel Obedience, how he pleafed, there could be 110 doubt but that Power Extended to Life, if he pleafed, in Cafe of Refratforinefs. This Pofition was made good, by the Compulfory Writ, whkh the King fent out, which Denominated Men to be Re- bels, who mould be Refractory, and commanded them, with- out further Warrant, to be imprifoned and dealt with, as the King fhould pleafe further to order. That the Power given by this Opinion, touching the SDfcj fctXCC of the Kingdom, was General 3 That it extended to all Dangers, CONSTITUTION. 'Dangers, to all Means to be provided againfl them y and to all Times, Qui jacet in Terra, non habet uncle cadat. That this Judgment Grappled with, and Overturned the Judicature of the 'Parliament, and all thofe Rights specified in the Petition of Right, whereas Cafes of Great and General Con- cernment, ought to be Adjourned into Parliament : For the 2Dc£CHC0 of the Kingdom (when that comes in Queftion) is the peculiar Bujinefs of the Parliament. That the Statute De Tallagio non Concedendo, was the People s Wall, or Bank, to Defend againft the Torrent of Arbi- trary Power 5 but thefe Judges, who were trufted with the Care to Overfee, and Preferve the Wall, had turned Pioniers, and Undermined and Levelled it. It was Argued, That the Laws were our Forts, to Defend our Property and Efiates ; bur. thefe Judges had not only caufed them to ceafe Defending, but to be held againft us, and had turned the Mouths of our own Cannon upon us 5 for our Laws were made Ufe of, to take away our Efiates. That thefe Judges had made a Progrefs through the Study of the Laws, like that of diligent Spies, through a Country, into which they intended to Conduct the Enemy. Therefore, as they had proclaimed themfelves Enemies to our Laws and Nation, they ought to be Treated as Enemies. SECT. LX. BUT to Return, It muft be obferved, That the Scots Army, during all thefe Tran factions in Parliament, viz. From Augujl, 1640, 'till near Augujl, 1641, Continued about New- castle, and Durham, without which, it's probable, the King's Minifters would never have Advifed, or Permitted, him to Pafs thofe A6ts, or make fuch a Complication of COttCClftOOS, or rather Confeflions, as before is mentioned 5 for in Facl, they Carried in them a Mortification, hardly to be endured. The next Thing that came under Confederation, was to take Meajures about the Scots Army, who had fo long Burthened Sffff the 437 «8 The BRITANNIC the Northern Counties 5 and in this Affair, both Houfes Be- haved with fo much Mildnefs, that gave Occafion to many Spe- culations 5 for inftead of Railing an Army, and Chafing them out as Enemies, and obliging them to Refund the Damages the Country had Suftained, the Parliament Palled, and the King gave the Royal AlTent to, Acts, for Railing and Paying them 300,000/. Sterling, 'viz. 100,000/. down in Hand, and 200,000 /. more, in two Years, without Dilcounting thereout, what had been Raifed by Contributions ; And alfo to Reftorc Amity between the two Nations j by which, the Scots Invafion was, in Effect, Juilified, and they were, in fome Sort, Treated like Auxiliary Friends, and as fuch, Gratified, and Rewarded. Thefe were the Grand Atchievements of this Unparallell'd Sef- fions of Parliament, which, to outward Views, tended to Quiet- nefs, and a Peaceable Government 3 for both Armies were foon after T)isba?ided : It becomes, therefore, Necejfary, to Search, and Enquire, into thofe T)ark Caufes, which, foon after, pro- duced fuch Animofities, Wars, and Bloodfhed. It mull be remembred, That the King's ConceJJions in Com- plying with this Parliament, being contrary to the very Make and Frame of the Queen's Mind, produced thele different Effects, which cannot be Defcribed, without Viewing, I. The Temper of the King, and of the Queen, and of the Nuncio, and Roman Clergy, who Governed the Queen. II. The New Temper of the 'People. III. The Circumjiances of the Lords and Commoners, Con' cerned in the jJJtttrittUtOn, and Solicitation, of the Scots In- •vajion. I. As to the King himfelf, it is obfervable, That he was 'Perfonally of a Clear Apprehenjion and Under (landing ; But in all Matters of Confequence, he generally Waved his own Judg' ment, and ^Delegated, and Rejled, his whole Conduct, on the Judgment of Others. The Queen, whofe Power with the King was Abfolute, did, by the Inftigation of her Popifh Priefts, Incenfe the King at his own Conceffions, in regard, the fame carried in them, a Mor- tification CONSTITUTION. 439 tification Infupportable ; for by his giving to the Acts of Refor- mation, the Royal AiTent, the King did, afmuch as he could, by any Inflrument under his Hand and Seal, Acknowledge and Confefs, That all the Injlances of hh Government (which, by the Ads before mentioned , were Redrefled) were Arbitrary and Illegal, and were Exprefs Breaches of the Fundamental Form of this Government. II. As to the People in General, wt%. The Lords and Com- mons, who were Strangers to the Invitation, and had not Acted in the Solicitation of the Scots Invafion, and expected no more, than a Redrefs of their 'Prejfures and Sufferings, they Acquiefced with the King's ConceJJions, and returned to a Com- petent Obedience and Refpect, towards his Majefly's Perfon and Government ; and Thefe were more, than one Half of the Na- tion. My Lord Clarendon Writes, That upon PaJJing thofe Clarendon, Bills, the Temper and Spirit of the People, both within, atid Yoh L z6z ° without, the Walls of the Two Houfes, grew Marvellous Calm and Compofed. III. As to the Condition of the ^ftlbttttlg Lords and Com- moners, their Circumfbinces were Precarious $ for no Act of ^PblfUlDtt had palled, and they knew the Queen s Temper, ( when attended with Power ) to be Inexorable $ and that, in all Human Affairs, there happen great Viciffitudes^ and there- fore thefe 3fnbittrS ( notwithftanding the National Benefit accrewing from their great Undertakings ) were obliged to be always upon their Guard, to jsDcffllt) themfelves. SECT. LXII. THESE being the Circumftances and Difpofition of the Nation, a New Mr a of Government may from thence be Commenced. As to the King's late Conceffions, and the Proceedings in Re- lation to the Scots, with which his Majefly, in order to the Disbanding the two Armies, had Conceded, thofe lay upon the Minds of the Queen, and her Minifters, as a Grinding Vexa- tion 5 and, therefore, from the Sequel, it may be conjectured, That 44° The BRITANNIC That the Minifters, over whom the Queen prefided, did conclude, That the Difcoveries made by the Lord Savile, and the Evidences which Earl Strafford had Difcovered and Colle- cted in the North, were fufficient to Satisfy and Convince all indifferent Men, of the Truth of thofe private Correfpondences : And from hence it may be prefumed, That the Cabinet Council, in which the Queen's Influence always turned the Scale, came to thefe Refolutions, viz. I. That this private 3)tlt3itcltiOtt and Solicitation of the Scots, to Invade England, being the true C&llfC of all the Ne- ceffities, which brought the King to make thofe COttCCfGOUS, was therefore flagrant High Treafon - y and that the Profecution and Conviction of thofe 'JJtttHtCtS', loth Lords and Commons, ought to he Compajfed in Forms, that might appear Legal, if poffible, becaufe Succefs in that 'Point, would open a Way, and afford Means, by which all the Conceffions might be Refcinded. II. That in Order to Attain this End, it was neceffary, that Scotland JJoould be Quieted, and Brought, at leaf, to a Neutra- lity ; but the 'Difficulty how that could be Compajfed, after the King had, by obtaining the Aft of \6t > t ) , and Profecuting Bal- merino, for being Privy only, to a Petition, to Redrefs their Grievances ; and after the King had fo lately, by two Speeches to the Parliament, Arraigned the Scots as Rebels, and Zealoujly prejfed the Chafing them, as fuch, out of England: I fay, The Difficulty appear d Obvious, and almojl Infuparable -, Nothing lefs, therefore, than his Majejly s taking a Journey to Scotland, and Calling a Parliament, and, in Perfon, Paffing fuch Atrs y as would Pleafe and Gratify that People ; and his Raifing fuch of the Scots as dejired it, to Honour and Dignities, could pofli- bly dijingage them from their Englifh Engagements^ and attain the Neutrality aimed at. D'Orieans III. That fin ce his Majefly could not be Beloved, he mull put ' himfelf into a Condition to be Feared. 45- To thefe Refolutions, it was Added, That his Majejly s Journey to Edinburgh, would Enable him to find and obtain Jlrong Evidence, to Convitt the Confpiring ^UtHtCtS^ and particularly, That his Majejly might, probably, find Means to get out of Wariftoun'5 Hand, the Original Engagement 5 and that CONSTITUTION. 4-4-1 that fitch a Conviction, would 'Pave the Way for Annulling all thofi Conceflions, by which the King's Adminiflratioyi, aiid his Miniflers, Jlood, in a manner, Condemned, or however, very much c DiJparaged. Thefe Meafures were, for a long Time, kept in Obfcurity, and may therefore be termed the 2)ark Scheme, and the obili- nate Profecution of the ^j!ll)ttcltlOtt, may be accounted the very true ( though hidden ) Spring and Ground of all the Wars and Troubles that enfued ; for it came to be Difcovcred only, by Degrees, as Caufes come to be known by their Effects, or a Tree, by its Fruits 5 the Scheme being, in itfelf, of a Nice and Delicate Contexture : Its Compafs was Vail, for it was, in effecl:, to Alter the whole Complexion of three Kingdoms ; and there- fore a Difappointment in any one Part, was fufficient to Diflblve the whole Machine. However, every Article of it was At- tempted, and every Attempt proved Unfuccefsful 5 and the Confequences covered the three Nations with Calamities, Dread- ful and Amazing. SECT. LXIII. ALL Things being now Quieted, the King, in Execution of Part of the Scheme, Refolved, in July 1641, to make a Tour into Scotland, to Settle (as was given out) Affairs in that Kingdom 3 but, in Reality, to Compafs fome Undertakings, that were not publickly owned 5 which Refolution Alarmed the Leading ^ttfoittrS at Wejlminjler, who could not Imagine, what fhould be the Meaning of that Journey, after his Majefty had fo lately, as within Nine Months, Arraigned and Pronounced the Scots to be Notorious Rebels, and had, with Vehemence, preiTed the Chafing them, as fuch, out of England. The 'JUfcHtinCJ Lords and Commoners, therefore, fufpecting the Defign, fpared no Endeavours or Infmuations, nor even Parlia- mentary AddreiTes ( but in vain ) to prevent the Journey. My Lord Clarendon fays, The ^Xi\MtX£ unexpected tPa/jSmChnnion and Importunity, to hinder the Journey, was not well under' Jlood-, neither was the Ground of his Majejlys fo Pojlthe, and Unalterable Refolutions, of going thither, fujficiently Clear to Standers-by ; However, the ^JtifcttCCS procured a Committee of Parliament $ to wit, Mr. Hampden, and Sir Philip Stapleton, T 1 1 1 1 to 19- 442 The B R I T A N N I C to be fent to take Care, that Warijioun fhould be kept Stable, and never to part with the Original JftlbttfttlOn* In this Place, to the Intent to make the future Proceedings intelligible, it is proper to take Notice, That in Ireland, there was a Nobleman (the Earl of Antrim) of the Popifh Religion, Clarendon, who was Chief of the great Clan of ' Mac-Donnelh in Ulfter y 7 ' whofe Paternal Fortune was great, and made much greater by Vol. III. 98. his Marriage with the Dowager of the late great Duke of Buc- kingham 5 this Earl's Grandeur had the Addition of being one of the Queen's Principal Favourites : My Lord Clarendon gives him this Character, He was a Man of excejfive 'Pride, always wfeparable from the higheji Ambition, which tortured him with an Imagination, That his Quality and Fortune intitled him to a Sort of Supreme Power, over the Irifh Roman Catholicks, and made him defire to appear fo confiderable in that Kingdom, that he might be looked upon, as a greater Man than the Earl of Ormonde ; his Popiflo Clan was, doubtlefs, in Nmnbers, and Powers, fuperior to the other Clans of the Oneals, Macguires, and Mac-Mahones, in Uljler. SECT. LXIV. THE King, and his Minifters, being at Edinburgh, in September 1641. and Expostulating with the moft confiderable Men about their late Invafion, Difcovered (as was Alledged) the whole Meaning of that Incurfion, (to wit) That many who were now the Active and Leading Men in both Houfes of the Englifi Parliament, had gjtttUtet) attf) ^OlltClttfe the Scots to invade England 5 and moreover found (as was affirmed) ample and full Evidence to prove the Facts : Who thofe Difcoverers were (befides Lord Savile) continues in Obfcurity 5 but the vol. 1.198. Noble Hiftorian feems to point out the Principal ; who, from the Punifliments, with which the Rage of the Leading Men, Diftinguifhed him, may be guefied to be the Lord Montrojfe ; however, the King could prevail no further with Warifioun, than to make fome faint Promifes, to follow his Majefty into England, and bring with him the Original Engagement. Upon this, the King's Minifters being filled with Refentment, to fee their Mafter fo Circumvented, by a Contrivance, that waain the Actors (as they alledged) plain and pofitive Trea- fon. V CONSTITUTION. 443 fon, within the exprefs Letter of the Satute of Treafons of the 25th E. III. cap. i. and conceiving his Majefty Efficiently 'Powerful to execute Juftice, they refolved to inflict condign Punifhments. The Ministers reflected on what thofe Men had bereaved them of, viz. His Majefty s foiC gtBOR&tCQtC&l Go- vernment 5 by which they might, as they had done, Rule without Interruption 3 they alfo recollected, How his Majefty hid been brought to give the Royal Ajfent, to jiffs reforming fo many Inftances, of illegal Government, as amounted to a Self-Con- viClion. The King's Ministers therefore, in Order to Effect their De- figns in England, and to prevent any Difturbance from Scot- land, advifed his Majefty, to gratify the Scots, in all the Con- ceflions which they themfelves required 5 and, accordingly, his Majefty, in Perfon, gave the Royal Affent to Acts, whereby their SjjttlltlfiOtt °^ England, with an Army, was Juftifted,Cterendon, Epifcopacy Abolified, the Liturgy and Canons Taken away, VoU - "f 8. Presbytery Eftabliftlied, and the Church Lands and Tythes were confirmed to the Patentees, and Pofteftbrs j and to Acts where- by the Act of 1633. before mentioned, was refcinded 5 and to an Act, whereby the Parliament was impowered, to appoint all Officers, Civil and Military, and to nominate a Committee of Council, who mould have Power, in the King's Abfence, and in the Intervals of Parliament, to exercife the Regal Autho- rity, and even to Call, and Prefide in Parliaments : His Majefty raifed many of the Scots to Honours and Dignities, and ? in fhort, granted all that the Scots Defired or Required, and even parted with, or gave away his Sovereignty, infomuch, That at his Vol. 1, 309. Majefty 's Departure, the Common Voice of Scotland was, 'That a Gracious King, left them a Contented People. Thefe Proceedings were (6 condefcending, and fo much beyond the Scots Expectations, and (o unmerited by them, having been fo very lately Treated as 3Scl)ClS, that they them- felves were even tran (ported 5 and therefore concluded there muft be fome fecret Meaning, that lay at prefent Concealed. SECT. LXV. BUT about this Time, October 1 64 1 . There fell but Two Occurrences which Embarafled the Minifters, and caufed great Diffractions and Confyfion. The 444 The BRITANNIC The firft was the Rumour of a Confpiracy at Edinburgh (whilft the King was there) to take off, by foul Means, the Marquifs of Hamilton, and the Earl of Argyle, which Earl had been an Active Manager in the late Invafion, in Augufi \ 640, and it is undoubtedly true, according to Lord Clarendon, Clarendon, That Earl Montrofs, privately propofed to the King, and under- Vol.1. zp8. t00 j, himfelf^ to make them both away 5 and no doubt Wa- r'lftoun was to have kept them Company : This every one con- cluded he Dared not, if he had not known, that the Mind of the Government, laboured with iftCtjCttgf againft thofe, by whom that Invafion was procured 5 which Rumour fufficiently Alarmed, and even frighted the Englifi 31ttt5ttCfS ac Wejt- minjler. The Second of thefe Occurrences, was, That upon Saturday the i^d of October 1 64 1 . A fudden Infurre&ion broke out in Ireland, as barbarous and horrible, as in any Nation ever hap" pened 3 for almoji the whole Body of < Protejlants were, by the 'Papijls, in a cruel and perfidious Manner, ^a(TclCtCDt In which Carnage, the Women, Children, and Sucklings were, without Mercy, Murdered. Thefe Conjunctures, that is, thefe two Occurrences, occa- fioned many Speculations (in thofe Times, called Fears and Jealoufies) as if the Irtfb Confpiracy, had been before hatched at London, to give the King a Pretence, to raife an Army, to Carry on his Defigns in England. SECT. LXVI. THE Parliament, according to their Adjournment, Re- alTembledon the 20th of October 1641. and under the Influence and Fears which the Rumour from Scotland had created, and having amongft them many Members, who had 'JfttDtttD and Sollicited the Scots Invafions 3 they, on the 2 2d of Otfober 1641. ordered the Middlefex Trained-Bands, to attend them as Guards. The Inviting Members in the Houfe of Commons, being well Apprized of what the King had been' doing in Scot" Janet, and with what Purpofes his Majefty was returning to Eng- CONSTITUTION. 44^ England, 'viz. To cut many of them l^O^tCt tip tt)C $CcU), W <75 the Confequence, to unravel all that had been done, whereby the Englifn Liberties were recovered 3 they therefore refolved, to be before-hand with the King, and to Blemifli his Credit, before his Majefty could attack theirs. The 3IUt>iCCt£, therefore, on the 2 2d of November 1 64 1 . brought in the famous Remonftrancc, and got it parted (though with Difficulty) through the Houfe of Commons, in which they did, with great Jfperity, recite, and fet in Order, moft of the Evil and Illegal Inftances, that had been perpetrated, during his Majefty's whole Adminiftration, and in which the Scots Inva- fion was, with Care, infinuated, as a Matter of NeceJJity, and of great and good Importance 5 and they did not omit to illultrate, what Great Things they themfelves had atchieved, towards retrieving the Antient Conftitution j and this was, doubtlefs, done with an Intention to obviate and encounter the King's intended Profecution. SECT. LXVII. THE King being well furnifhed with Matter, for Treafon- Clarendon. able Accufations 3 returned, on the 25th of November 1641. ' 32? ' from Scotland to London, where he was received with uncom- mon Demonftrations of Affection ; but the very next Day, his Majefty fainted the Parliament, with a Difcharge of their Guards 3 and, moreover, appointed others of the Trained-Bands (in whom his Majefty could better confide) to guard the two Houfes : Which the Houfe of Commons refenting as an Invafion of their Freedom, in like Manner tDifcharged. But the Commons, at the fame Time, Petitioned the King, for a Guard, in whom they could confide, which his Majefty abfolutely 2DCUiCt) 5 and thereupon the Commons ordered Halberts to be brought into their Houfe, to be ufed (if Occafion required) in their own UDcfCtlCC- On the firft Day of ^December 164.1. a Committee of Parlia- ment prefented to the King (as their Salutation) the Remon- ftrancc, with a fuitable Petition, to put in Execution fome Mat- ters therein pointed at, as convenient Steps to future good Pro- ceedings 5 but the Meaning was obvious 5 for their Heads, and U u u u u the eJlgns. IV- That they had Traiteroujly 'JftttlltCD m ^ Encouraged a Foreign Power to invade his Majejly s Kingdom of Eng- land. V- That they had Traiteroujly Endeavoured to Subvert the very Rights and Beings of Parliament, VI. That CONSTITUTION. 4-4-7 VI. That they had, by Force and Terror, Compelled the 'Parliament to Joyn with them in their Traiterous Tiejigns, and to that End, had actually Raifed and Countenanced Tumults, againjl the King and 'Parliament. And, VII. That they had Traiteroufly Confpired to Levy, and had actually Levied, War againjl the King. The King, and his Ministers, had concerted this Impeach- ment, and the Carrying it on with Vigour and Refolution 5 for at the fame Time as his Majefty delivered the Impeachment to his Attorney General, Warrants were alfo delivered, Signed with the King's own Hand, viz. One to two Gentlemen, to Seize, and Seal up, the Studies, Trunks, and Papers, of the Five Members, whilfr. they were attending the Service of the Houfe ; and another to a Serjeant at Arms, to Demand and Arreil the Impeached Members. All thefe Steps were made on the fame Day 5 for on Monday the 3d of January, 1641, the Attorney General Exhibited the Articles of Impeachment, in the Houfe of Peers 5 and the Houfe of Commons Received a Meffage thereof from the Lords, at the fame Time as they Received Information, That the Studies, Trunks, and Papers, of the Impeached Members, were Seized, and Sealed up 5 and at the fame Inff ant, Mr. Francis, the Ser- jeant at Arms, came to the Houfe of Commons, and declared his Meffage from the King, to this EffecT:, viz. By the King's Command, I do Require of Mr. Speaker, Five Gentlemen, Members of this Houfe, whom being delivered to me, I am, by his Majefiys Command, and in his Name, to Arrefi for High Treafon j their Names are, Mr. Holies, Sir Arthur Haflerigg, Mr. Hampden, Mr. Pym, and Mr. Strode. The Houfe being, by thefe Proceedings, put into an unfpeak- able Confemation, and the Serjeant at Arms being ordered to Withdraw, they Voted and Ordered, That the Five Members might Re fume, and Break open their own Studies, and Trunks, and Recover their Papers 5 and that if any Perfon Attempted to Arreft any of their Members, without the Orders, or Leave, of that Houfe, fitch Members might Stand upon their Defence, and make Refinance. The 4+ 8 The BRITANNIC The Houfe appointed Four of their Members to Attend his Majefty, and Acquaint him, That they would take his Mejfage about ^Delivering up their Members {which, they laid, concern ci the 'Privilege of Parliament, and of all the Commons of Eng- land ) into Confederation j and would Attend his Majejly with an Anfwer, as foon as the Importance of the Bujinefs would permit ; and that, in the mean 'Time, the Five Members Jhould be ready to Anfwer any Legal Charge made againft them 5 and accordingly the Houfe ordered them to Attend in their Places the next Day, at One of the Clock, and fo de T)ie in litem. After this, the Serjeant at Arms (who waited at the Door a long Time) was called in, and told, That the Houfe would fend to his Majejly an Anfwer , by Mejfengers of their own. In the mean Time, this Impeachment feemed ( as the Parlia- ment Apprehended ) to Carry towards the late Acts of Parlia- ment, and the Manner of obtaining them, by the Influence of the Scots Invafion, an Afpect Angry and Revengeful $ for it was, in a great Meafure, framed after the Model of the Im- peachment of the Earl of Strafford : It was alfo Prefumed and Argued, That the King meant thefe Things, viz. That by the actual War , Levied againft the King, was meant, the Scots In- vafion 3 and that that War had Neceflitated his Majefty's Calling a Parliament, and had Enabled It to Impofe, and Forced his Majefty to Pafs, thofe Acts, that had not only Subverted his Majefty's former Government without Parliaments, but had Deprived him of thofe Powers to ^falTpOfC Taxes, Imprifon his Subjects, and Exercife Martial Law, &c. which his Minifters called Legal Prerogatives : That by the Words Foul Afperfions, were meant, the many Male Adminiftrations Recited in the Preambles of thofe Acts 5 and that, therefore, this Profecution was Levelled at the Original Offenders 5 to wit, Not only the Five Members, but all the reft who had Sollicited that Invafion ; But what was meant by placing in the Subjects an Arbitrary and Tyrannical Power, by Subverting the Rights and Being of Parliaments, or the Compelling Parliaments by Force and Ter- ror, to Join in Traiterous Defigns, was Obfcure, and wholly Unintelligible 5 and, in the main, the whole Impeachment ( except the 4th Article ) was fmil'd at, as Chymerical, and as having, in Truth, no Foundation. And CONSTITUTION. And as to the Fourth Article of the Impeachment, Multitudes of Lords, of whom the Earls of E[fex, Warwick, Bedford, Clare, Bohngbroke, Mulgrave, Holland, and the Lords Say, Brook, and Khnbolton, were reputed to be, and many Com- moners were (in all Probability) Involved in the fame Predica- ment of the J'nilttiUiOU : This was the Original Offence, which nothing, but an intire Destruction of the Inviters, could Expiate, becaufe, without it, no Recovery of the former unlimited Power, could be expected : But the Two Honles had Senti- ments of Treafon, quite different from thofe of the King's Mini- fters. They Retorted, That the Facts Committed by the Mini- fters, as they are Stated and Remembred in the Remonfhance, appeared to be Treafons of a mod pernicious Nature 5 for by them it appeared, that the whole Conflitution was <3>Ufct)Cl!f$), and the Fundamental Form of the Government <£t)cttlg?D, from a Limited, to an Abfolute, Monarchy, and all Mens Liberties, Properties, and Freeholds, Invaded and Subjected to Arbitrary Will and Pleafure. SECT. LXIX. I T was, at this Conjuncture, infilled, That it was Lawful for the Subjects, by Virtue of the Statutes of 1 1 R. II. and 1 H. IV. cap. 4. to Raife Forces, and SDlfttttb the Minifters of Arbitrary Power 5 which two laft Acts of Parliament, being made within 3 4 Years after the Statute of Treafons, of 1 5 E. III. are therefore an Explanation of it, and plainly fhew, That the T>iflurbance of Arbitrary Power, is not a Levying War againft the King, or Adhering to his Enemies, within the Intention and Meaning of the Statute of 25 E. III. It was Argued, That If the Difturbance of the Minijlers of Arbitrary 'Power, to Remove the prefent, and prevent future, Slavery, were Lawful, then it miift confequently be Lawful to 3}ttt)itC, and 'Procure, the Scots Forces, to ajjtfi them fo to do ; for there could be no difference in the SDlftUVbfltKC, whe- ther it were done by Englifh, or Scots Forces, It was urged, That the Scots Forces did no more than Necef- fitate the Ajfembling a Free Parliament 5 That the prefent Par" liament owed their Sitting and Freedom, to that Neceffity: X x x x x The 45 The BRITANNIC The Fruits whereof were, That Arbitrary 'Power was Difturbed and Removed; That all Men were Rejlored to their Rights, Liberties, 'Properties, and Freehold ; and that fome of the Authors of their Grievances and Opprefjions, were brought to Pumjhvnent : That the Scots Invafton was, by an Acl lately Pajfed in the Parliament of Scotland, fuflified, and their Army were, for their Trouble and Hazard, virtually Thanked by a liberal Payment, in which the King himfclj had Joined; and that it was a Lame and Cold Scent, to Charge on thofe Inviting Patriots, the Crime of Treafbn, for procuring all thofe State Amendments, in Relation to Liberty, Property, and Free Par' [laments : And, moreover, That the Invitation of the Invajion was, by a necejfary Implication Juitified, fmce the Invafion itfelf had been in Scotland Jujlijied. Thefe were Arguments, and ftrong ones 5 but it was well enough underftood, That whoever had the Power, would T)i£late and Determine the Treafbn, and would Interpret ( to ferve their own Purpofes ) the Statutes and Laws relating to it. To Illuflrate which, it may not be Improper to Suppofe, or Prefume, what might have been the Proceedings in this Cafe, and the Event of them, if the Five Members had been made Prifoners, viz. Suppofe the King mould ( as afterwards he faid he would) Wave this Method of Impeachment, and Profecute the Five Members, in an unquestionable Way : That is, Sup- pofe his Majefty had IfTued out a Commiffion of Oyer and Ter- miner, and had thereby Authorized the very UlfrilJicftiCtQ?£, who had Advifed and Given Judgment, in the Cafe of Ship-Money, and had Advifed and put in Execution, thole other Inftances of an Arbitrary Government, which, in the Preambles of the Acts of this Parliament, are Recited and Declared to be ^tbtttiltp and Illegal : I fay, Suppofe thefe Men had been appointed fudges to Try the Five Members, would not inch a Set of Commiilioners have been Judges in their own Caufe ? And let it be fuppofed, That the Kings Articles of Impeach- ment, had been turned into a Bill of Indictment, viz. That the Five Members had Traiteroufly 3Jnt3ltCD and Sollicited the Scots to Raife an Army, and Invade England, promifing, if Occajion required, to Joyn and Affifl them, and that the Scots, in CONSTITUTION. 45 1 in Pur fiance of that 'J tfttttiU !0U 7 ^ Invade, and make 8RK.tr, *» England. And lee it be for once imagined, That to this Indictment, the Five Members had made this 'Defence, by Way of Plea to the Jmifdiction of the Court, viz. That certain Evil Counfel- Iors, Ministers and Judges, had Traiterouf.y confpired, advi- fed, and affifed in the ;5>ttbt)Cf tlttg and Changing the Funda- mental Form of this Government, from a limited to an abfohte Monarchy, and in the extirpating the Liberties and Freedom of Britain 5 and, in the Room thereof, had introduced and fet up an %l\\\X\SXy Tower in the Prince 5 and that as Overt-Fads ofthofe Treafons, thofe Malefactors had confpired, advifed and ajjijled in the making, and rendering the King Matter of all Mens 'Properties and Freeholds, by Impofmg Taxes, and Levy* ing the Ship-Money, under the Tretence of Regal Authority, and had joyned arid affifed in the general Opprefjion, under the Arbitrary and Illegal Proceedings of the Star-Chamber, the High CommiJJion Court, the Council-Table, and in the Impo- fmg Knighthood, and Fining fuch as had refufed to accept that Order : and, above all, had confpired and advifed the Inva- ding and fubver ting the Hereditary Rights, Towers, and Pri- vileges of the two Efates of Lords and Commons, by laying afide the Affembling 'Parliaments 5 and that they the Five Mem- bers, in Conjunction with other Patriots (after all other Means had failed, and when nothing but the laft Neceffity could pre- vail) had "^IntnttD in their Neighbours the Scots, not to make War upon the King, or hurt his Legal Government or Rights, hut to afjift them in Difurbing arid Removing thofe Evil Mini- flers, and the Arbitrary ^C{furCS AUD i&llffrringS under which the People Unguijhed, and to recover and rejlore to the Two Eflates of Lords and Commons, thofe Antient and Heredi- tary Rights, Powers, and Privileges, which they, by the Ori- ginal Conflitution, were intituled to, and, in general to retrieve the Freedom, Freeholds and Liberties of Britons ; and that all thefe Good and Defirable Things, had, by fuch their 3?UttttttOUC that was given in the War, which, from this Time, grew Active and Vigorous. I The Five Members, being confidered as i^UlferCESS in the Caufe of Liberty, found Numerous Adherents 5 for the Citizens of London, and even the Mariners in the River, Refolved, That as the Members were, as they ' alledged, in a War- like Manner Invaded, and Driven from the Houfe 5 Jo they would, in a War -I ike Manner, bring them Home, and fee them Rein*' Jiated, and moreover, become their Guards 3 which they, on Tuefday the 1 ith of January, 1641, with Long-Boats, Guns, Flags, <&c . ( after the Manner of a Navy ) Sailing from the Three Cranes in the City, to Weflminjler, performed with a Pompous and Daring Intrepidity. SECT. LXXIV. THE King being not able to fee the Five Members fo generally Efpoufed, and himfelf, and his Profecution, fo Difre- ipected, did, on the Day before (Monday the 1 oth of January, 1 64 1 , ) Retire from Whitehall, to Hampton-Court, and after that, to Windfor, and from thence to Tork, and Alfented, and never after would Return to his Parliament. Here it may be obferved, That the Houfe of Commons were, ever after, obliged to Stand upon their own SDcfCltCC, and to 'Provide themfelves with Guards, to prevent the like Surprize 5 and the rather, fence it was found, that the Lieutenant of the Rulliworth. Tower had, on the ^th of January, being the very Day on which the King Entred the Houfe, fent privately to Whitehall, One hundred Arms, Two Barrels of Powder, and Match, and Shot, proportionable. SECT. LXXV. IN this Pofture of Affairs, the Minifters (as may, without Injury, be prefumed) held fecret Councils with the Queen at Windfor, which were Guided by her Popilh Cabal 3 for the Nuncio, and the Pritils, fatisfied the Queen, and (he the King 3 and that thofe Councils produced thefe Relblutions 3 (for many Refo- lutions CONSTITUTION. ^ 7 lutions were then privately taken, as the Noble Hiftorian, as alio 2)' Orleans, allure us, viz. That the Treafon of the 3 limitation fiould be Profecuted with War, and Force of Arms 3 And for that End it was concluded, That the Queen {under the Umbrage of Conducing her ^Daughter, the 'Prince fs Mary, lately married to the Prince of Orange, to her Husband) fioiild take that Opportunity to Tranfport herfelf into Holland, and, at the fame Time, Negotiate and Sollicite Foreign Poten- tates for Affiftance, and Supplies of Men, Money, and Jrms, in order to an Amendment of the Affairs in England 5 and thai the KingfJjoidd Retire into the North, and there make his fir \l Levies, and never come to any Accommodation with thofe 3}ntUtC£S, but fhould, in the mean Time, until the whole Alteration fliould be jframCD, proceed floisoly, and allow Time for Negotiation, and fe cure fome Place of Strength (meaning firft Hull, which was the fole Motive of his Journey into the North, in order to get the Magazine of Arms, and a good Harbour, to Receive Auxiliaries from Abroad, and that in Cafe of Difappointment, his Majefty fhould go into Ireland) and wait the Event of the Queens Foreign Negotiations 5 and that, hi the Interim, his Majefly JIjouM Temporize and T)eny all Particulars, that could pojjibly be Denied the Parliament. The Noble Hiftorian is pleafed to fay, That the mojl precious Clarendon, Balm of the Crown, was neceffary to be applied to the Rancour^ 011 ' 5c8, of the Times 3 but what the Alteration was to be, and by what Means, or Power, it was to be Framed, and Effected, he was pleafed to be Obfcure in, and to add, That the latter Part of the Refolution, concerning what the King was, on his Party to do, was Concealed, and Communicated to very few. SECT. LXXVI. THE Difcovery of thefe Meafuies, put the Active Members into great Fear and Anexiety 5 for when they pondered the Weight of the Regal Power, and the Queen's Activity in Solliciting Neighbouring Potentates for Foreign Forces, it appeared, they had nothing ready, either to Defend themfelves, or to Oppofe againft thofe Powerful Efforts, in cafe they mould be fuddenly Pujloed 5 for War, or a Trial by Battle, was frightful to thofe People, whofe Hands, and Purfes, were abfo- Z z z z z lutely 458 The BRITANNIC lutely neceftary, to Enable each Party to Engage in an En- counter, that muft needs be Bloody and Calamitous. The Matter and Legality of the 3ftti)itHtiQtt, was the Grand ghwjlion to be Tried 3 but the naked Truth was, nevertheless, by both Sides Couched and Covered from the People, becaufe if it had been plainly known and underftood, That the King Profecuted the Active Members for that 3lltitftfttt0n> the Con- ference would be, That the King Apprehended, the ^fCCftltp of Aflembling this Parliament, had been Impofed on him by the Force and Violence of the Scots Invafion, and that he endeavoured, for that Realbn, to Difanul all the A els and Laws that palled in the laft Seffion : On the other Hand, If it had been plainly known and underftood, That the Invitation, and Solicitation of the Scots Invafion, was the Real Offence for which the Active Members were profecuted, it would fall too much within the Compafs of every Man's Understanding, to Debate the Legality of that Invitation, whether the fame was, or was not, a Levying War, and Adhering to the King's Ene- mies, and fo was, or was not, High Treafon. SECT. LXXVII. THE Grand Queftion, therefore, touching the Legality of the 3)tUntcltt0n being kept in View, it is material to obferve how the King and Parliament, between the 4th of January, 1 641, and the 2 2d of Auguji, 1642 (when his Ma- jefty kt up his Standard at Nottingham, being Seven Months) Waged a Paper War, by Declarations, Meflages, Anfwers, and Replies, Containing Arguments, Invectives, and Menaces, in which many Important Parts of this Conftitution, and of the Fundamental jfOJUI of the Government in this Nation, were Opened, Exhibited, Litigated, and DifcuiTed 5 the &Ut)ftaitce whereof, is here Extracted principally from the Lord Clarendon, who hath Related thofe Matters, more Learnedly, and Impar- tially, than any other Hiftorian. The Popular and Plaufible and Menaces, made by either *jParty, on the other. XIV- Touching Religion, fo far as Concerned the Kings Children. XV- Touching the Application of either Side, to JOjClgU potentates for Affifance. All which were fublime Queftions and Debates, and were Managed on Both Sides, with great Dexterity, wherein the Arguments were Exquifite, and the Inve6iives full of Afperity, but without Conviction of either Party, otherwife than by the Sword. SECT. LXXVIII. I. Debates about the Queens 'Power and Influence over all the Counfels and Refolutions of the State and Government, which alfo offered Religion 5 and of the Weight of that Grievance. The Reprefentations made by my Lord Clarendon, of the King's Perfonal Management, do plainly {hew, That he was, from his Acceffion to the Crown, conducted by the Duke of Buckingham, i CONSTITUTION. 46 r Buckingham, whole Power, with the King, was Co ample and intire, chat he, upon a trivial 'Peccadillo, dared to expostulate with the Queen herfelf, and to tell her, There had been Queens in England, who had loft their Heads 5 but my Lord hath {hewed, That after the Duke's Death, all the Power centred in the Queen, of whom his Lordfhip writes thus 5 The Tapifts had, for many Tears, enjoyed a great Calm, Clarendon, being upon the Matter abfohed from the fever eft Tarts of the YoL l J 4 ? Law, and difpenfed with for the gentleft 5 and were grown only a Tart of the Revenue, without any probable Danger of being made a Sacrifice to the Law. They were looked upon as good Subjects at Court, and as good Neighbours in the Country 5 all the Reflraints and Reproaches of former Times being forgotten. But they were not prudent Managers of this Trofperity, being too elate and tranfported with the Trotefiion and Connivance they received : Though, I am perfuaded, their Numbers encreafed not, their Tomp and Boldnefs did, to that T)egree, that, as if they affetfed to be thought T)angerous to the State, they appeared more publickly entertained, and urged Conferences more avowedly, than had been before known : they reforted at common Hours to Mafs, in Somerfet-Houfe, and returned thence in great Multi- tudes, with the fame Barefacednefs, as others came from the Savoy, or other Neighbour Churches 5 they attempted, and feme- times obtained Trofelytes of weak uninformed Ladies, with fitch Circumftances as provoked the Rage, and deftroyed the Charily of great and powerful Families, which longed for their Suppref- Jion : they grew not only fecret Contrivers, but publick, prof [fed Tromoters of and Minifters in, the moft odious and the mofi grievous Trojefis, as in that of Soap, formed, framed and exe- cuted by almoft a Corporation of that Religion, which, under that Licence and Notion, might be, and were fufpefled to be Qualified for other Agitations. The Triefts, and fuch as were in Orders (Orders that in themfelves were punifhable by Death) departed from their former Modefly and Fear, and were as willing to be known, as to be hearkened to 5 infomuch as a Jefuit at Paris, who was coming for England, had the Boldnejs to vifit the Fmbaffador there, who knew him to be fuch, and offering his Service, acquainted him with his Journey, as if there had been no Laws for his Reception. And for the mofi invidious Troteffion and Countenance of that whole Tarty, ' a publick Agent [Nuncio] from Rome (firft Mr. Con, a Scotilh Man, and after him the Count of Rozetti an Italian) rejtded at A a a a a a Lon- 462 The BRITANNIC London in great 'Port 3 publickly vifited the Court, and was avowedly reforted to, by the Catholicks of all Conditions, over whom he affumed a particular c Jurifdi6lion, and was carejfed, and prefe?ited magnificently by the Ladies of Honour, who incli- ned to that Profejfion. They had likewife, with much Noife and Vanity, made publick Collections of Money, to a confiderable Sum, upon fome Recommendations from the Queen, and to be by her Majefly prefented as a Free-Will-Offering from his Roman Cathohck Subjects to the King, for the carrying on the War againji the Scots 5 which drew upon them the Rage of that Nation, with little T)evotion and Reverence to the Queen her- felf 3 as if fie dejired to fupprefs the P rot eft ant Religion in one Kingdom as well as the other, by the Arms of the Roman Catholicks. The noble Hiftorian, in order to fiiew the Plenitude of the Queen's Power, is pleafed to take Notice, of the Dishonour which accrewed, by the Terms of the Scotijh Pacification in Clarendon, 1(52 0. tO this Effect : Vol.I. 125- ' ; The King himfelf was very Melancholick, and quickly dif- cerned, That he had loft Reputation at Home and Abroad 3 and thofe Counfellors who had been mojl faulty, either through Want of Courage or Wifdom, never afterwards recovered Spirit enough to do their T)uty, but gave themfelves up to thofe who had fo much Over-witted them, every Man fiifting the Fault from himfelf and finding fome Friend to excufe him : And it being yet necef- J'ary that fo infamous a Matter fiould not be covered with abfor lute Oblivion 3 it fell to old Secretary Coke's Turn, to be made the Sacrifice 5 and upon Pretence that he had omitted the wri- ting what he ought to have done, and inferted fomewhat he ought not to have done, he was put out of his Office, and within a fiort Time after, Sir Harry Vane, by the open and vifible •Power of the Queen was made Secretary of State 3 and this was attended again with a T)eclared and Unfeafonable T)iflike and T)ifpleafure in the Queen againfi the Lieutenant of Ireland, newly made Earl of Strafford 3 who (out of fome Kindnefs to old Coke, who had been much trujled by him, and of life to him and out of Contempt and T)eteJlat'ion of Vane, but principally out of a 'Dejire to have that Mifcarriage Expiated by a greater Sacrifice) oppofed the Removal of Secretary Coke, with all the Interejl he could 3 got it fufpended for fome Time, and put the Queen to the Exercife of her full Power, to perfect her Work. My CONSTITUTION. 4.63 My Lord Clarendon writes, That the Queens Abfolute Clarendon, 'Power with (or rather over) the King, was more T)iJliked, YolL l6 ~'' than any other CiXCCs of the Court 5 and was looked upon, by the People, not only as their greatefl Grievance 3 but as the Root and Caufe of all their other Grievances 5 becaufe the Queen, who inflimiced, as Jhe pleafed, the King, was herfelf governed by her Popifh Cabal, and, confequently, the Kingdom was go- verned by PopiJJj Councils. It was not doubted, but the Queen's Councils had raifed in the King that HclUCttUtC)', which appeared at his Majefty's paffing the feveral Acts of Re- formation before mentioned 5 however, this Grievance was too hard for the Parliament, and could never be removed. The Queen (as Mr. Echard tells us) was the principal Echard 5 zc Advifer and Inftigator of the King's violent Entry into the Houfe of Commons, to Seize or Arreft the five Members 5 he repeats the Queen's Words, when the King difcovered his Diffi- dence, viz. AlU Poltron 5 Go pull thofe Rogues out by the Ears, or never fee my Face more. That no Argument prevailed fo much on the King to pafs clarendon, the two Acts on the 14th of February 1641. viz. The one for Yoll - r ' d ' taking away the Bifhops Votes in Parliament 5 and the other, For Prejfing Soldiers for the War in Ireland j as the Perfuafions of the Queen 3 for the Priefts fatisfled the Queen, and fhe the King, which made great Men, amongft the King's Friends be- lieve, that Infufion to have been made in the Queen, by her own Priefts, by Inftructions from France, and for Reafons of State of that Kingdom. The active Members were fo apprehenfive of the Queen's Vol. 1. 991. abfolute Power with the King, which was managed by her Cabal of Priefts to ferve their Interefts, and who were implaca- ble, that they concluded on a new Remonftrance, to be made of the State of the Kingdom, in which they would prefent to the King's View, the Caufes of all their Diffractions and Griev- ances, and propofe to him Remedies to be applied to thofe Evils 3 (to wit) That the Greatefl of thofe Caufes was the Influence which the Priefts and Jefuits had upon the Affections and Coun- fels of the Queen, and the Admiffion of her Majefty to inter- meddle with the great Affairs of State, and with the T)ifpoJing of Places and Preferments of the higheft Concernment, wherebv thofe 464 The BRITANNIC thofe Great Officers were engaged to favour fuch c DeJigns as were infufed into her Majefly by thofe of that Reeligion. The Remedies propofed, were, That the King would not entertain any 3U)t)lC£ or Media- tion from the Queen, in Matters concerning the Government, or for the 'Placing or Difplacing of any great Officers, or for the Imployhig or Instructing any AmbalTadors or Agents be- yond the Seas, or for the Placing or Displacing any of his Majefty's Servants about his Perfon, or about the Perfons of the Prince, or any of the Royal Children. That no Perfon whatfoever flhould prefume to follicite any Proportion, for the iJ^avtlclgC of any of the King's Children, with any Prince or Perfon of the 0Optll) Religion, or to aflift or attend any of them in any Voyage beyond the Seas, without the Confent of Parliament. This laft Remedy mewed their great Sagacity and Fort- fight, That Popery could be introduced by a Popifli Family, and by them only. Clarendon, The Counfel of the King's intended Journey, and perfonal ;eI ' Expedition into Ireland, to fupprefs the Rebels, was commu- nicated to very few, which makes it probable, that it was one of thofe private Refolutions that were taken at Windjbr, before the Queen's Journey to Holland ; and that Ireland was the Place of Strength, to which his Majefly was to retire. Vol. 1. fo6. That the file Motive of the King's Journey into the Nor- thern Parts, was to feize Hull, and therein the Magazine of Arms and Ammunition, which, upon Disbanding the late Army, had been there laid up, and which at that Time exceeded the Stores in the Tower 5 and that his Majefty's Purpofe, of taking a Journey to Hull in Perfon, with his ufual Train, and (being in the Town) to fecure the Place, was concealed to that Degree, that very few about him knew any thing of it. The King, whilft he was at Tork y in 1642, depended on the Queen's Care and Activity, expecting, with Impatience, the Arrival of all Necejfaries, which were to be provided in Foreign Parts, by her Negotiations and Procurement. Another CONSTITUTION. ^ Another extraordinary Inftance difcovering, not only the Queen's Abfolute Power with the King, but her Defigns, was, her procuring his Majefty's Authority, to promife the French Court, That if that Crown would afford King Charles JJJiJl-SantevL^'j. ance, he would Take away the Penal Laws againfi the Roman Catholicks in England 5 which, in erTe6r, implies an Intention, that that Affiftance fhould help him to Take away Parliaments : For he was well enough convinced, that thofe Penal Laws would never be taken away, with the Concurrence of a Prote- ftant Parliament, whilft that Parliament was in Fears of Popery. It is remarkable, That in the Beginning of the King's Trou- bles, the great Fears and Jealoufies of the People were, That 'Popery was intended to be Introduced 5 and therefore the People, after the War Commenced, concluded, That the Queen's Power with the King, was Abfolute, or elfe his Majefty would never have made two Popifh Gentlemen, Sir Arthur Afton, of Tixall, and Collonel Gage, iucceffively, Governors of Oxford, which wasr his principal Place of Amis. S E C T. LXXIX. II. <£>Cb&C££ about the T)efign to bring up the Army in the North, to Awe the Parliament. This Attempt was made (Pending the Earl of Strafford's D'Orieans Impeachment) and was afterwards Stiled, A Plot to ^U)f the Parliament, and to Refcue the Earl, and put him at the Head of the Trufty Irifh Army 5 for it was, undoubtedly, Contrived by the Earl's Friends. The Fad relating- to which Matter, was thus : Some Perfons of immediate Truft, as well' about the Kino;, Clarendon, as about the Queen, Treated with fome Officers, and propofed ' ' JJJ to Incenfe the Army, as if they were Neglected, by Reprefent- ing how much greater Care the Parliament took, to fupply the Scots Army, than the Englifl ; for that fometimes the Money that was Affigned and Paid for the Ufe of the EngJifi Army, was again taken away, and difpofed to the other 3 And that it woukl not be difficult to bring up the Army, and 3llbC the Parliament, by procuring the Officers, to Petition the King and B b b b b b Par- ^66 The B R I T A N N I C Parliament, Jointly, which, if not granted, would Create Dif- ferences, and then it would be eafy to difcern, how thefe Differ- ences would be Decided. Clarendon, For this Purpofe, a Draught of a Petition was prepared, to ' 2-p " be Signed by the Officers $ which Draught, the King Read over twice, and, in Teftimony of his Approbation, Signed it with the Letters C. R. by which the Petitioners reprefented, firft, their great W'ant, which they, neverthelefs, fuffered without Complaining, or Interrupting the Affairs in this prefent Parlia- ment, a Temper not nfual in Armies ' Next, They fpecified the Instances of his Majefty's oreat Condefcentions, in Redreffing Grievances 5 And next, the Enormities of Pragmatical, Turbu- lent Spirits (meaning, the 3lNtytu»3 and Active Members) in their Mutinous and Unfatisfied Behaviour, their Diminutions of the Regal Prerogatives, their Endeavours to Subvert the whole 5rtt>Ult of Government, their Railing Tumults at Whitehall ; and They therefore Petitioned his Majefly to Punifh the Tumult- Leaders, offering to wait upon his Majeffy ( which muff necef- farily be at Whitehall, for his Majefty was there) hoping to Appear as Confiderable in Defence of the King and Parliament, as what Number foever fhould prefume the Contrary, whereby the King and Parliament would be, not only Vindicated from the Precedent Innovations, but fecured from the Future, which threatned Effects ftill more Dangerous. This Petition was Carried down to the Army, and Signed by fome Officers. Voi.i. Z4--. Many Meetings, at Mr. T'eircys Chamber, were had between thofe of Truft, about the King and Queen 5 and the Officers, fome of which Officers were, by the King himfelf, fent to thofe Meetings, where they took an Oath of Secrecy 5 And one of the Officers propofed, as the moft notable Service, to bring up the Army prefently to London, which would fo 3tV0t the Parlia- ment, that they would do any thing the King Commanded. ■ This being the Facl, ■ V01.1. 252- The Parliament, upon the Difcovery, Voted, That there 6 "' was a IDtfigU, not only to Toifbv. the Affections of the Army, towards the Tarliament, by making them Believe they were Negletfed, and the Scots preferred much before thsm, but to bring CONSTITUTION. ^6 7 bring up that Army to London, to ^tXUf, and Force the Par' li 'anient ; And thereupon, the Parliament: caufed a \$}Cti (ftttiQlt 3 May,itf 4 *. (now called an Aflociation ) in the Nature of an Oath, to be Entred into, and taken, not only by the Members of the two Houfes, but throughout the Kingdom, whereby all Men did Engage, To Maintain and 'Defend the Power and Privileges clitenf ^ on , . . Vol I *Rrf of Parliament, and to Oppofe and bring to Puniflmient, all fuch asfjjould by Force, Councils, or otherwife, do any thing to the Contrary. The Confequences of this fMOf to bring up the Army, ibid. -.69. were, That the People were Jealoufed and Inflamed ; The Parliament, as the only Patriots, were Applauded ; The Ajfo' ciation was Introduced 5 The Fate of the Earl of Strafford, was Precipitated 5 The Grand Bill for the Continuance of this Par' liament, was pajfed - y The Overtures for giving to the King a Revenue, were Crojfed ; The Reverence due to the King and ibid. 58% ®ueen, was Lejfened -, The Scots Army was Continued ; The Englilh Army Remained Undisbanded j The two Houfes, in Relation to the Bi/hops, Incenfed 3 And the Earl of Newcaftle Blemi/hed, for that he was to haw Commanded the Army, in this Black and Odious Confpiracy. The King was fo purfued by the Parliament, with Objections ibid. 4.^ about this Plot, to bring up the Army, that his Majefty, in his 55I ° Declaration from Torlz, of March the oth, 1641, was pleafed to declare, That he could not, without Indignation, fuffer him- felf to be Reproached, to have intended the leap Force, or Threatning to his Parliament, as the being Privy, to the bring' hig up the Army, would Imply ; whereas, he called God to Witn efs, he never had any fuch Thought, nor knew of any fuch Refolution, concerning his late Army 5 But, in the fame Decla- ration, was pleafed to admit, That he had feen a Copy of the Ibid. %tf. Petition, and that he had Read the fame twice over, and that his Majejiy had written C. R. upon it, to teftify his Appro- bation. 550. 587. But the Parliament Argued, That his Majejlys Admiffion of ibid. 545 Reading and Signing the Petition, and yet injifling, That he did not Think, or Intend, any Force towards the Parliament, was Protejiatw contra factum 3 And, therefore, in Regard this COitf pit flip was as Injurious to the Conftitution, as the Fac5t was Evident and Undeniable, the Parliament, never Ceafed to Prefs 4 68 The BRITANNIC T'refs it, as a Reproach on the King, throughout this whole Controverfy. SECT. LXXX. HI. 3E)Cbtltt£ ahut the Irifh Majfacre and Rebellion. This was an Adventitious Affair, that turned greatly to the Strength'ning of the" Active ^jtlfcitCtS, whofe Destruction ( in Revenge for the Scots Invafion) had been Refolved on. Previous to the Difputes about this Queftion, it will be re- quiiite, not only to Obferve the Original Intention of Lord Strafford, who ( for the Execution of the private Refolutions, taken between 'December 1639, and Apri I 1640) had Raifed an Army of 8000 IriJJj ( Papifts ) but alfo to Repeat how this Parliament, in their Impeachment of that Earl, had infilled, That that Army was Raifed, to Invade England, and Efla- ])liflo here that Arbitrary Government , which had Impofed Taxes, and Adminiflred without 'Parliaments, The Lord Strafford Defended himfelf againft the Impeach- ment, by Alledging, That the Irifh Army, by him Advifed, was Raifed, Not to .Invade England, but to Invade Scotland, and was known fb to be 5 which was, in effect:, a Conceffion, that he Advifed that Army to be Raifed, with an Intent to Subdue the Scots, and Reduce them to an Abfolute Subjection to that Power, which had Impofed Epifcopacy, and the Canons, and Liturgy, on that Nation, and, confecjuently, to the King's unlimited Will and Pleafure. clarendon, My Lord Clarendon every where Declares and Avows, That "^ the Irifh Army was Raifed to Invade, and to Vijii, or to make 280. a T)iverjion in Scotland 5 And in Suming up the Circumftances, which made the King's fudden Refolution taken at Tork, in Sep" tember 1640, To Aflemble a Parliament in England, appear to be Unneceflary, and a great , Miflake in Politicks; his Lordfhip mentions This, as a Principal one, viz. That there was an Army in Ireland, ready to hav.§ Vifiied Scotland. Ibid. id2. Now, admitting that to be. the Cafe, then the Conceffion will juftify two Things ; Firft,. it made it necelfary for the Scots to CO N ST IT U T fO~N. |g<, to hallen and flrike the firft Blow, by invading England ; and thereby bring the King under a Neceffity to call a Parliament in that Kingdom, which they were allured would make Inqui- iition for the evil Advice, and punifh the Advifers 5 and that by fuch their Invafion of England, the Scots would more effe- ctually defend and refcue themfelves from the Dangers of an Iti/h Army, than the whole Power of Scotland could afford againft fuch an Invafion $ and therefore Neceffity made that Lawful to the Scots, which othcrwile might not be fo. idly. The Railing this Irifi Army to invade Scotland, made the Engli/b Sollicitation of the Scots to invade England, in like Manner, neceffary 5 becaufe the fame Iriflo Army that would Enable the King to fubdue the Scots, and to eftablifh in Scotland an Arbitrary Power, might, with Eafe, march from thence into England, and Enable him to perpetuate there, the late Affumed Power, which was equally Arbitrary * and in that Light the 3ltU)!tftt!0tt °f c ^ e S cots wi U appear to be Reafonable and Lawful. It is alfo to be noted, That the King afterwards, about June or July 1641. ^Disbanded the Irijh Army 5 to the Intent to clear his Way to the meditated Defigns in Scotland 5 becaufe the Keeping that Army in Ireland on Foot, was inconfiftent with the Meafures intended to amufe and quiet the Scots 5 for if the Scots had flood in Fear of the Irifi Army, his Majefty's Propofitions to fettle their Tranquillity, would have appeared improper and incoherent. Thefe Fa£b being premifed, it is ftill neceffary to obferve,Bu R NET, That fome Conclusions may be inferred from all the Relations P- * r - of this Matter, viz. That the Irifh did, from the Strength of their Army, raifed by Earl Strafford, and compofed of E'apifts, Meafure their own Strength with that of the c Prote(lants 5 That the Nuncio, and the Queen s Romifli Clergy, did communicate to the Tapijls in Ireland, That the true Meaning of Disbanding that Army in July 1641. was to make Way for what was to be done in Scotland, and that the Disbanded Soldiers might be eafily Re-embodied 5 It is alfo obvious, That the Romifi Nobi- lity and Gentry of Ireland, did make fome Propofitions to the Nuncio and Romifh Priefts ( about the Queen ) Reprefenting, how eajy it would be for them, to ajfume and take into their Hands the Government of that Nation $ and, after that, to afjifl the King, to fubdue the Puritan Faction in England (fo called C c c c c c fro m 47 o The B R I T A N N I C from their Pretences to Worfhip, according to the pure Word of God) 5 and that thereupon the JNuncio and P^omijh Clergy, in whofe Counfels the Queen always engaged, did, about Au~ gu(i 1 64 1 . procure Letters to be written in the Queen's j$tltnc, and, perhaps, in the Kings Name too, containing Directions to the Ir'tjh Romanijls (to wit) to Lord Antrim, and to the Oneals, Macguires, Macmahov.es, &c. to Take up Arms, and to Take the Government of Ireland into their Hands 3 and that all the Irijh believed the Queen, whofe Power with the King, they knew was Abfolute and Unqueftionable, encouraged the Undertaking. The Lord Antrim, and his Brother Alexander Mac-T)on~ veil, Sir c Phelim Oneal, the Lord Macguire, and the Mac-Ma- hones, and others, Embraced, with Alacrity, thefe Letters and Orders 3 but did, of themfelves, naturally judge and conclude, That this Time was to be the Day of their Deliverance 5 and Argued, That if they were to fubdue the Puritans in England 5 it was reasonable, and even neceffary, to conclude, That the Way to clear their 'Proceedings in that important Bujinefs, was Jirfi to dejlroy and Extirpate the 'Protectants in their own Country, before they attempted to leave Ireland, to invade either England or Scotland. This Stilling of the IriJJj Papifts, whether with or without Authority, put Fire into their Antient Animofities 5 infomuch, that their 5fUty broke out into Murders and Cruelties more barbarous and inhumane, than were ever before heard of5 and as an Addition to their Pride and Diforder, they Boajled, That they had the Kings Authority for what they did 3 they ftiled themfelves, The Queens Army, and Published and Declared, That when they had fin'ifhed their Bujinefs in Ireland, they would come over to England, to £$ttt\Z the Queens Religion, and Ejlablifi the King's 'Prerogatives againfi a Puritan Pat* liament. The firfl Notice the King received of this Outrage was whilft he was at Edinburgh 3 and his Majefty, being furprized, and even amazed, wrote to the Parliament in England % That he was fatisfied, it was no Raflo Infurreffion, but a formed Rebellion, which mujl be profecuted with a fharp War 3 The Conducting and 'Profecuting whereof, he wholly ConiUUttCD to their Care and Wifdom, and T>epended on them, for CONSTITUTION. 47 1 for carrying it on effectually 5 but how thefe hoc Refentmehts, after his Majefty had converfed with the Queen, cooled and abated, is as yet Myfterious, It is here proper to relate fome Circumftances, touching two Gentlemen (viz.) Sir William Parfons, one of the Lords J u Ali- ces of Dublin, and the Earl of Leicejler (whom the King had constituted Lord Lieutenant of Ireland in the Room of Lord Strafford) becaufe the King's Treatment of thefe Men, will come to be Material in Opening other Proceedings. As to Sir William c Parfons, it mud be obferved, That the luf/j Confpiracy to root up and Maflacre the Proteftants, was carried on with incredible Secrecy 5 however, the Surprize of the Caftle of Dublin, and feizing therein the National Magazine of Arms and Ammunition, was the Principal Part of the whole Contrivance, becaufe without it^ they could never fecure to themfelves the Government. And in regard, Saturday the 23d of October 1641. was the Day agreed on for the general Infurreclion and MaiTacre, the Popifih Nobility and Gentry, in great Numbers, conveyed themfelves privately, into the City of Dublin, on Friday in the Evening, arid were to furprize the Caftle that Night, and to MaiTacre the Citizens the next Morning. If the IrifJj Papifts had fucceeded in this Part of the Con- fpiracy, cjueftionlefs they had Mafter'd the whole Kingdom $ for on Saturday, the MaiTacre took Effect luccefsfully, in all other Parts of the Nation 3 and at Dublin, it was nine in the Evening on Friday Night (which, in that Time of the Year is four Hours after Sun-fetting) before the Government had any Notice, at which Time it was Difcovered to Sir Wil- liam Parfons, one of the Lords Juftices, by one OConally^ of mere Irijh Extraction (but fecretly a Proteftant) to whom Mac- Mahone, a Papift, at an Ale-houfe in 'Dublin, communicated the Confpiracy, reprefenting the Undertaking to be, the Refcuing his Country from under the Englifjo Dominion, and faid, He doubted not of Conally'5 Concurrence, or however, Fie doubted not of Succefsj although ConzMy Jhould refufe. Sir William Parfons in great Fear, as well as with great Dex- teritv, doubled the Guards of the Caftle, and caufed the Mayor 'of J 472 The BRITANNIC of the City to fhut the Gates, and raife the Militia 5 they feized the Lord Macguire, and Hugh Mac-Mahone, and many of the Iri/h, who came that Evening to Town $ and by (hutting the Gates, they'mut out others who endeavoured to enter, amongfl whom (that is the excluded) was the Earl of Antrim, who was one of thofe, who was to iurprize the Cattle 3 and by thofe Means, the Confpiracy was Defeated in that Part, on which it principally Depended 5 and Sir William c Par- fons, Difpatched away Conally, with an Account of as much as he then knew, to the Earl of Lekejler, Lord Lieutenant of Ireland then at London, who fpared no Pains to communicate it ftrongly to the Houfe of Commons, whereby the Parliament, the City, and all Manner of People became equally pollelkd with Horror and Amazement. This precipitated and untimely Rage of the Papifts, Difcon- certed all the Meafures, and rendred Abortive all the Power and Afliftance, which, from that Quarter, was expected 3 and, doubtlefs, the Queen and her Adherents became Afflicted with the Difappointment of Seizing the Caftle of 'Dublin, and with the Difficulties, that the ram and favage Behaviour of the Irifh, brought upon the King's Adminiftration. The Difappointment of furprizing Didilin-Cajlle, and the Convulfions in England, that were occafioned by the Zeal and Activity of thofe two Officers of State, Sir William < Parfons, and Earl of Leicejler, brought both of them into the Queen's Difplea- fure, and that Difpleafure caufed them both, within the Space of 1 5 Months, to be, for thofe Reafons, difplaced and dilgraced. SECT. LXXXI. ABOUT this Time, intervened a remarkable Proceeding in this Seflion of Parliament, which explains another Part of this ConftttUtlOtt to be, as is before aflerted, viz. That there pafled with Celerity, through the Houfe of Commons, a Bill for Wr effing Soldiers for the Defence of England and Ireland, which was fent up to the Lords for their Concurrence 3 where the King's Attorney-General objected againft a Recital in the Preamble, which alledged, That the King had, in no Cafe, or upon any Occajion, but upon an Invajion from a Foreign 'JW> er, Authority to prefs the Free-Born Subjects ; Becaufe fuch a Power CONSTITUTION, 47 Power in the Crown, could not conflft with the Freedom and Liberty of the Subject's Perfon, and defired to be heard, on the Kings Behalf, againft that Part of the Bill, which he faid was prejudicial to his Majefty's Prerogative. To this Motion, many of the Lords inclined j which Obftruction and unexpected Delay given to a Bill at this Time fo necefTary, and fo much wanted, and called for, raifed a general Difcontent, whereupon the King, on the 14th of December 1642. came to the Par- liament, and fending for the Commons, his Majefty, in a Speech from the Throne, took /j^OtlCC of the Bill for Preffing, then Depending with the Lords, and of the Difputes railed, concerning his ancient Prerogative 5 but, to avoid further Delay, his Majefty offered, That the Bill Jloould pafs, with a Saivo Jure for both the King and People, heaving fuch Delates to a Time that would better bear them. The Lords and Commons (before enough divided) did, upon this intermedling with their Parts of the Legillature, unite and concur in a Vote or Refolution, That the Rights and Privileges of Parliament, were the Birthright, and Inheritance, net only of themfehes, but of the whole People of this Kingdom, wherein every one of the Subjects was interejled $ And that amongji the 'Privileges of Parliament, it was their ancient and undoubted Right, That the King ought not to take Notice of any Matter in Agitation or T)ebate in either Houfe of Parliament 3 but by their Information or Agreement 5 and that the King ought not to propound any Condition, Provijlon or Limitation to any Bill, or A£l in Debate or Preparation in either Houfe, or to Declare his Confent or Dijfent, his Approbation or Diflike of the fame, before it foould be prefented to him in a due Courfe of Parliament 3 and, accordingly, the two Houfes laid before his Majefty thefe Votes and Refolutions ; after which, the Act pafled the Lords Houfe, and received as before is mention- ed, the Royal AiTent, without any further Difpute or Altera- tion : Whereby thofe Parts of the Constitution, touching the Liberty of the Subject, the Power of Pre fling, and the Privi- lege of Parliament, relating to the Introducing and Paffing of New laws, having now refted for 80 Years, without Inter- ruption or Queftion on either Side, feem to be Matters fully afcertained and eftablifhed. . Dddddd SECT. 474 The B R I T A N N 1 C SECT. LXXXII. AFTERWARDS the King could, in no Sort, Evade the Paffing the Act of Parliament, which was Tendred to him, for Granting and Dividing the Forfeited Lands amongft fuch Ad- venturers, as would Subfcribe and Advance Money, for Carry- ing on the IrtfJj War, to Subdue thofe Bloody Rebels 5 and having Paffed it, the Parliament infilled, That the King had thereby Divefted himfelf of all Power, either to make a Cef[a~ tion, or a Peace, or to grant 'Pardon to thofe Traitors, in Re- gard, that, upon making a Peace, the Forfeitures muft neceffa- rily be Remitted 5 and if that Power to make Peace, remained to the King, the Adventurers Security would be ( as it was ) Undermined and Invalidated : whereas fuch a Proceeding would be contrary, not only to that pofitive Law, and to natural Juftice, but to his Majefty's numerous Promifes 5 and yet, after- wards, that Cejfation, and that Peace, were made, by which there was as much done, as could be well done, to Pardon thofe Murdering Rebels, to Remit the Forfeitures, and to Sub- vert the Right of the Adventurers. The Parliament, on their Part, Argued and Charged to the King's Account, thefe Imputations, viz. Clarendon, That the Rebellion in Ireland, was Framed and Contrived Vol. 1. 443. j n England, and was Fomented and Countenanced by the 549' Queen, and by a Popifli Party about her 5 for which they had ( as they faid ) many Evidences 3 and amongft others, that it was the common Speech of the Rebels, That they would Reco- ver to his Majejly, his Royal Prerogatives, which a Puritan Fatfion in England, had Wrejied from him. ibid. 494. The Rebels boldly Affirmed, They did Nothing but by 3lUtt)0?itp from the King, and that his Majefty did Favour and Allow their Proceedings, and that their Infurre£tion was under- bid. 402, taken by the dREtttttatlt of his Commiffion 5 that they were 4 ° 3 * the Queen's Army, and that their Purpofe was, when they ibib. 4*5. nac * Compleated their Bufinefs in Ireland, to come over into England. That C NSTI T U T I N. 475 That thefe Treacherous Pretences, did appear to be True, or, at leaf!, probably True (as the Parliament Alledged) foraf- much as the Proclamation, whereby thofe Mifcreants were de- clared Rebels and Traytors, had been with-held from Saturday the 23d of Ociober, 'till Saturday the i ft of January, 1641, being Invafion was confidently AlTerted, the poor People, all the Countries over, were ready, either to run to Arms, or hide themfclves, thinking the Papifts were coming to Cut their Throats. The Parliament further Argued, That his Majefty's With- Clarendon, drawing, and Abfenting from, and his Intending to make War VoU - l6z - upon his Parliament, to whofe Care he had Committed thevoi. 11. i r> whole Conduct of making a Sharp War upon the Irifh Rebels, JJ 8, j6 ^ was not only to make War upon, and Difable thofe that did make War upon, the Rebels, hut to make War on the fame Side Vol. in. 9 $ t with thofe Rebels, and, confequently, was the greateft Favour voi.i. 5 8 4 . and Countenance, his Majefty could afford them 5 and that Vol. in. 4-9, Ormond had Endeavoured to make the Irifi Rebels underftand, that their own Prefer vation and Intereft, was Infeparable from the Support of the King s Dignity and Authority. SECT. 476 The BRITANNIC SECT. LX XXIII. THE King's Anfwers were, Clarendon, That thofe Complaints wanted Juftice, in Regard they did Vol. I. 6oo. nQt Scace ^ ot ^ er p art f tne Evidence, viz. That the Irifh Rebels did, moreover, 'Threaten the Rooting up the Name of the Englifli, and that they would have a King of their own, and be no longer Governed by his Majefly. ibid. 491. But becaufe the Rebels might be afterwards Initru&ed thus to fay, to Obfcure what they had at firft too plainly De- clared, it was not Regarded ^ for it is Apparent, they neither meant fo, nor did the King's Minifters fo underftand them. But the King's fulleft Anfwer to thofe Charges, was his Meflage from York, of the 8th of April, 1642, whereby his Majefty Declared to the Parliament, That he had firmly Re- folved to go, with all convenient Speed, into Ireland, to Cha~ (life thofe deteflable Rebels, in T)efence of God's True Religion, and his T)ijlrejfed Subjects, Promifing, That he would never Confent, upon any 'Pretence whatfoever, to the Toleration of the Popifh Profeflion there, or to the Abolition of the Laws then in Force againfl c Popiflo Recufants, in that Kingdom. To the Sincerity of which Profeflion and Promife, he Called God to Witnefs. ibid. 491. His Majefty further Advertifed the Parliament, That towards this Work, he intended to Raife, near Chefter, forthwith 2000 Foot, and 200 Horfe, and to Arm them from his Magazine at Hull, and dejired the Parliament to add the Charge to thek former Undertakings for that War. -ibid. 491. With this Meflage, the King fent to the Parliament a Bill for Settling the Militia for one Tear, as after is mentioned, hoping, that Bill would facilitate his intended Expedition to Ireland, and Quiet them, during his Abfence. ibid. 493. The Parliament was, at this Meflage, more Tiifcompofed, than at any thing which had before happened $ for they con- cluded, That Ireland was the Place of Strength, according to the 477 CONSTITUTION. the fecret Refolutions taken with the Queen, before her goincr to Holland, to which his Majefty was to Retire 3 for in Ireland, he would let himfelf at the Head of two Armies, the one under Ormond, and the other under Antrim, and his Brother Alex- ander ( the Calkito ) and the Oneals, both which, the Parlia- ment Apprehended to be at the Kings Devotion. The Parliament, therefore, Returned an Anfwer full of fpe- Clarendon, cious Reafons, againft the King's Perfonal Expedition 3 to wit, 494 Danger to his Perlon, his Declining the Advice of his Parliament, the Inconveniencies of his Abfence, the Infecurity of the Adven- turers, who forefeeing an Improvident Peace, would pay in no more Money upon their Subfcriptions 5 that this Nation would fufpeel: fome Force was Intended : But their true Reafon was, That this Undertaking would take the War of Ireland, out of their Hands, and their ftrongeft Reafon was, their own Fear of the great Power, which the King would, by a Coalition of the two Armies, be Mafter of; againft which, they had nothing then ready to Oppofe : The Terror, therefore, of this Attempt, Rouzed them to Difpatch to the King, thefe Magifterial Decla- rations 3 to wit, That they could not Confeni to any Levies of Soldiers,\ T oli.495- for any Expedition into Ireland, or to the 'Payment of them, but fuch only, as fiould be Imployed and Governed ly their 'Directions. That if any fuch Levies JJyould he made, they JJjould Interpret the fame to be dejigned for the Difturbance of the Publick Peace, and floould Apply the Authority of Parliament, to Supprefs the fame. That if his Majefty JJjould be perfuaded to go into Ireland, contrary to their Advice, they would not fubmit to any Com- mijfwners his Majefty fhould Chufe 5 but refolved to Govern the Kingdom by the Advice of Parliament 3 and, therefore, they prayed the King to T)ejift, and Return to his Parliament. Soon after this, the Parliament propoled to Raife a feparareVol. 1. 5-S. Army of 6000 Men, to be called, The Adventurers Army, and to be Landed in Munfter, being the Weftern Part of Ire- land, and defired a Commiflion, giving Lord Wharton an Inde- pendant Command, fubjecl: only to the Orders of the Two E e e e e e Houfes +7 3 The BRITANNIC Houfes of Parliament, Urging, That his Majejly had Committed to them, the whole Conduct of that War, and that Lord Whar- ton was a Perfon in whom they could Confide, to Profecute a Sharp War again/} thofe Rebels. But the King, in his Turn, denied the Commiffion. Thefe Velitations brought Nothing to an Ifllie, but Excla- mations, as if his Majefty hindred the Profecution of the Irifl War. The Parliament, therefore, never failed to make that Rebellion, and his Majefty 's Tendernefs towards thofe Rebels, one Ingredient in all their Imputations. SECT. LXXXIV. BUT before thefe Affairs are parted with, it will be mate- rial to Obferve, how his Majefty Treated with the Irifi Rebels, preparatory to the Opening the Treaty of Uxbridge, which Commenced on the 3 oth of January, 1 644 $ for the King bein2 allured, the Parliament Commiffioners would Prefs the Sanderf. 7 55.Carrying on, againft the IriJIo, a Sharp War, his Majefty previ- ouily Refolved, not only, not to Break the Cefiation he had lately granted, but to Conclude a Peace with thofe Rebels, fo as to Anticipate the Debates about them 5 and, therefore, on the 15 th of December, 1644, his Majefty wrote to Ormond, That he could not find fo good and fpeedy a Remedy to Redrefs his Affairs in England, as to maize Peace in Ireland 5 and there- fore Commanded him to T)ifpatch that 'Peace out of Hand: Adding, That as for Religion, his Majejly did promife, if the Peace were made, and if the Irifli would fpeedily gi-ve him that Affifiance which they had promife d, for SuppreJJing the Rebel- lion in England, then his Majejly, when he Jhould be Reftored to his Rights, would Confent to the jRcpftll of all the Penal Laws in Ireland, againjl the Roman Catholicks ( except thofe againft Appeals to Rome and Praemunire ) and Commanded Ormond to Impart that Letter to none, but to Browne, the Lord Muskery, and Plunket, and that with an Injunction of Jlriff Secrecy. And foon after, on the 7th of January, 1 644, ( being three Weeks before the Treaty at Uxbridge was to Commence ) the Ibid. 75(5. King wrote again to Ormond y in thefe Words. Upon CONSTITUTION. 479 Upon the great Rumours and Expectations of 'Peace, I think it neceffary to tell you, That the Rebels here, have Agreed to Treat, and, moji ajfuredly, one of the Firfi, and Chiefeft, Arti- cles they will Infift on, will be to Continue the Irifli War, which is a Point not Popular for me to Treat on, of which you are to make a "Double Ufe ; Firfl, To hafien, with all pofjible 'Dili- gence, the 'Peace there, the timely Conclufion of which, will take off that Inconvenience, which, otherwije, 1 may Is fubjeti unto, by the Refufal of that Article, upon any othjr Reafon: Secondly, By dextroufly Conveying to the kith, the Danger there may be of their Total and Perpetual Exclufion from tijO'lC Jul- l*CUtr0, / intend them, in Cafe the Rebels here clap up a Peace with me upon reafouable Terms, and only Exclude them, which ,■ pofjibly, were not Counfellable for me to Refufe, if the Irifh Peace Jhould be the only Difference betwixt us, before it were perfected there : Thefe, I hope, are fiifficient Grounds for you to perfuade the Irifli to Difpatch a Peace upon reafonable Terms, Ajfuring them, That when you have once fully engaged my Word ( in the Conclufion of a Peace ) all the Earth floall not make me Break it. But not doubting of a Peace, I mufl again remember you to Prefs the Irifli for their fpeedy Ajjiflance to me here, and to their Friends in Scotland, my Intentions being to Draw from thence into Wales {the Peace being once Concluded) as many as I can of my Armed Proteftant Subjects, . and dejire, that the Irifli would fend as great a Body, as they can, to Land about Cumberland, which will put thofe Northern Counties in a brave Condition : Provide all the Shipping you may, as well Dunkirk, ds Irifli Bottoms 3 and remember, that after March, it will be difficult to Tranfport into England, the Rebels being Majters of the Seas. The Noble Hiftorian hath alio Informed us, That in the Clarendon, Tear 1647, Commijfioners from the Co?ife derate Irifli Papifts (of VoL In - *jj» whom Antrim was Chief) went into France, having obfervd, that after they had driven the Kings Authority from them, they quickly found their Need of it 5 and therefore dejired of the §ueen ; and of the Prince of 'Wales ( then at Payis) that by their Favour , they might have the King's Authority This, + 8o The BRITANNIC This, doubtlefs, was fo Expreflfed by the Noble Hiftorian, to the Intent no Reader fhould understand it, without under- Handing, at the fame Time, That thofe Rebels had, 2l5cfo?r, the Kings Authority i clarendon, However, Providence foon after permitted the Sword to be 9 ' put into the Hands of Cromwell, and Ireton, with a Commiflion like to that given to King Saul, That as he was to Blot out the Amalekites from under Heaven, fo thofe Captains were to Hew down ( and did Hew down ) without Mercy, every Iriflj Murderer whom they could difcover, whether it were in Hot or Cold Blood, in Revenge for their Cruelty, in Slaughtering, without Caufe, and without Mercy, and without Regard, either to Sex or Age, the Innocent, Surprized, and Unarmed Proteftants. Thefe Memorials of the Noble Hiftorian, add a Confirma- tion, to what is written by Bifhop Burnet, Page 4 1 . where he fays, Lord Antrim produced to the Committee of Council, in England, in the Tear 1660, a Letter of Credence from King Charles I. wherein his Majejly wrote, That he had not then Leifure, but referred himfelf to the Queen's Letter, and faid y That was all one as if he writ himfelf 5 And that Lord Antrim, at the fane Time, produced a whole Series of Letters from the Queen, directing him to do, as he had done, in the 'Proceedings in Ireland ; and that the Queen-Mother did, in \66o, with great Zeal, Efpoufe Lord Antrim's 'Petition and Suit, and not only afforded him Lodgings in her own Royal 'Palace of Somer- fet-Houfe, and declared, She was Bound in Honour to fave him, but procured her Son, King Charles II. to write to the T)uke o/Ormond, Lord Lieutenant of Ireland, directing, that Lord Antrim Jhould be Included in the Irifh Act of Indemnity, which was actually done accordingly : The Fact is undeniable. This T)ilemma is therefore Obvious, Either the Hiftorians, who have Tranfmitted to Pofterity, Memorials in Favour of King Charles I. (fuch as Lord Clarendon, and Sander fon) have done Wrong to his Majefty's Memory, or elfe the Parlia- ment's Imputations on his Majefty's Minifters, for Counte- nancing the Iri/h Rebellion, ftand too Plaufible. SEC T. CONSTITUTION. 481 SECT. LXXXV. IV. SDtbatfS about the Bifloops, and the Taking away their Votes in 'Parliament. In order to make this Matter more Intelligible, it is neceflary to begin the Relation, where the Noble Hiftorian begun it, by Informing us, how the Bifhops, by Degrees, Loft their Antient Refped and Reverence 5 and becaufe his Account is Excjuifitely Written, and Inconteftibly True, the Subftance thereof is taken from him. Befides the Indirect Artifices and Activity of the French Em* voTn^ "* baffador, mojl of the Protefiant Hugonots in France, became as ' 9^ hearty Enemies to King Charles, as he had been to them, and 91 ' in Publick, and in Secret, gave all pojfible Ajjiflance to thofe, whofe Bujinefs was to T)e(troy his Majejlys Interefi at Home, and his Reputation Abroad; and as this Animofity was ofUn- fpeakable Inconvenience and ^Damage to the King, throughout all his difficulties, and of equal Benefit to his Enemies, Jo the Occafion from whence thofe < Difajfeclions grew, was very Un- skilfully, and Imprudently, Adminijlred by the State here, not to Speak of the Bufmefs o/Rochel, which, though it Jlruck deep hi all, yet moji Men imputed the Counfels of that Time, to Men that were dead, and not to a fixed T)efign of the Court'. Thofe Foreign Protejiants had a greater Quarrel, which made them believe, that the very Protefiant Religion was c Perfecuted by the Bifijops in England. When the Reformation of Religion firfi began in England, in the Time of King Edward VI. very many ^Protejiants out of Germany, and France, left their Countries where the Reforma- tion was Jeverely Perjecuted, and Tranfplanted themfelvcs, their Families, and Efiates, into England, where they were Received very Hofpitably 5 and that King, with great 'Piety and Policy, by fever al Afis of State, granted them many Indemnities, and the free Ufe of Churches in London, for the Exercife of the Protefiant Religion, whereby the Number of them Encreafed, and the Benefit to the Kingdom, by fuch an Accefs of Trade, and Improvement of Manufactures, was very Confiderable, which Queen Elizabeth finding, and well knowing, that other YttfH notable + 8a gg BRITANNIC notable Ufes of them might be made, Enlarged their 'Privileges by new ConceJJions, drawing, by all Means, great Numbers Over, and fuffering them to Eretl Churches, and to Enjoy the Exercije of the Protectant Religion, after their own Manner, and according to their, own Ceremonies, in all Places where, for the Conveniency of their Trade, they chofe to Rejide j anc( fo they had Churches in Norwich, and Canterbury, and other Places of the Kingdom, as well as in London ; whereby the Wealth of thofe Places, marvelloufly Increafed. And, befides the Benefit from thence, the Queen made Ufe of them in her great Tranfaflions of State, in France, and the Low Countries, and by the Mediation, and Interpofition, of thofe Protefant People, kept an ufeful Intereji in that Party, in all the Foreign 'Dominions where they were Tolerated. The fame Charters of Liberty, were Continued and Granted to them, ' during the Peaceable Reign of King James I. and in the Beginning of this Kings Reign, although, it may be, the Politick. Confederations in thofe Concefjions, and Connivances, were neither made Ufe of, nor underjtood. Some few Tears before thefe Troubles, when the Power of Archbifloop Laud, and Churchmen, grew more Tranfcetident i and, indeed, the Faculties and Uunderfanding of the Lay- Counfellors, more T)ull, Lazy, and Unadive 5 the Bi/hops grew Jealous, that the Countenancing another Difipline of the Church here, by Order of the State {for thofe Foreign Cangre~ gations were Governed by a Presbytery, according to the Cufiom and Confitution of thofe Parts, of which they had been Na- tives, the Protefant French, Dutch, and Walloons, had the free Ufe of fever al Churches, according to their own Difipline) would, at leaf, Diminifo the Reputation and Dignity of the Epifopal Government, and give fome Counte?iance to the Fatfi- ous and Schifmatical Party in England^ to hope jor fuch a Toleration. Then there wanted not fome Fiery, Turbulent, and Conten- tious Perfons, of the fame Congregations, who, upon private Differences and Contejts, were ready to Inform againjt their Protefant Brethren, and to Difcover, what they thought might prove of molt Prejudice to them 3 fo that upon Pretence, that thofe Foreign Protefi ants far exceeded the Liberties which were granted to them 3 and that under the Notion of Foreigners, many LngliHi Separated themfehes from the Church, and Joined thenfehes CONSTITUTION. 48^ themfelves to thefe Congregations.-, the ComkjI ' - Board -6V#r nivd at, or Interpofed not, whilft the Bijhops ({id Jome Jllh of Refraint or Persecutions, with which thofe Proteji ant Con- gregations grew generally ^Difcontented, and thought the liberty of their Conference, to be taken from them, which caufed in London, much Complaining of this Kind, but much more in the Ttiocefs of Norwich, where jOr. Wren, the Biffiop, there, pafftoii- atcly, and warmly, 'Proceeded agawfl them ( i. e. persecuted them) hfomuch, that many left the Kingdom, to the Lejfenin>r the Wealthy Manufacture, there, ofKerfeys, and narrow Cloths, and, which was worfe, Transporting that Myfiery into Foreign 'Parts. And that this might be fur e to look like more than what was neceffary to the Civil 'Policy of the Kingdom, whereas, in all former Times, the Embaffadors, and all Foreign Minifers of State, Imployed from England, into any 'Parts where the Pro- tefant Religion was Exercifed, frequented their Churches, and gave all poffible Countenance to their Profeffon, and held Cor - refpondence with the moft AcJive and Powerful Perfons of the 'Protefiant Religion, and particularly the Embaffador Leiger, at Paris, had diligently, and conjlantly, frequented the Prote- Jiant Church at Charenton {near Paris) and held a fair Inter - courfe with the French Protefants, throughout the Kingdom, by which they had fill Received Advantage, thofe Protefants being Indufrious and Active, to get into the Secrets of the State, and fo deriving all neceffary Intelligence to thofe whom they dejired to gratify : The Contrary to this, was now, with great Induflry, prattifed, and fome Advertifements, if not In- frutfions, given to the Embaffadors there, to forbear any extra- ordinary Commerce with the French Protefants 5 and the Lord Scudamore, who was the laf Ordhiary Embaffador there, before the Beginning of this Parliament, whether by the Inclinations of his own Nature, or by Advice from others, not only declined going to the Proteflant Church at Charenton ( near Paris ) but fumi/hed his own Chapel in his Floufe, with fuch Ornaments ( as Candles upon the Communion Table, and the like, Al a Mode of the 'Popiflo Chapels) as gave great Offence and Umbrage to the Protefants there, who had not feen the like 5 befides that he was careful to Publi/h, upon all Occafions, by himfelf and thofe who had the neareft Relation to him, Tljat the Church of England looked not on the French Protefants, as a Part of their 4 8 + The BRITANNIC their Communion, which was likewife too much, and too Indu- Jirioujly, 'Difcourfed at Home, They of the Church of England (the Bifhops) who committed the greatefl Errors this Way, had undoubtedly (as the Hiftorian is pleafed to write) not the leaf; 'Thoughts of making Alterations in it, towards the Countenancing of 'Popery : But having too juji Caufe given them to dijlike the Pafjion and Licenje that was taken by fome c Proteflants in the Reformed Churches under the JShtion of Confcience and Religion (to the < Di(lurbance of the Peace of all Kingdoms) unskilfully believed, that the Total ^Declining the Interejl of that Proteflant Party, where it ex- ceeded the neceffary Bounds of Reformation, would make this Church of England looked upon with more Reverence (by Ro- man Catholicks) and that thereby the common Adverfary the Papifl would abate fomewhat of his Arrogance and Super ciliouf- nefs, and that both Parties (Churchmen and Catholicks) feriouf- ly conjidering the Charity which Religion fhould beget, might, if not unite, yet refrain from the Bitternefs and U7icharitablenefs of Contention in Matters of Opinion, and agree in the practical ^Duties of Chrijiians and Subjects. Thus contracting their Con- fiderations in too narrow a Compafs, thefe Men ( i. e. the Per- fecting Bifliops) contented themfelves with their pious Inten- tions, without duly weighing Objections, or the Circumflances of Policy. And fome of our own Communion, who differed with them in Opinion in this Point, though they were in the right, not giving, and, it may be, not knowing the right Reafbns, ra- ther confirmed than reformed them in their Inclinations, neither of them difcerning the true and fubjlantial Grounds of that Po- licy, upon which that good Correfpondence with the Proteflants had been founded, which they were now about to change 3 and fo the Church of England not giving the fame Countenance to the Protejiants in Foreign Parts, which it had formerly done, no fooner was difcerned to be under a Cloud at Home, but thofe (Foreign Proteflants) were glad of the Occajion to publiflo their Malice againfl the (perfecuting) Bifiops, by whom the Name of the Church was unfairly ajfumed, and to enter into the fame Confpiracy againfl the Crown, without which they could do little Hurt to Epifcopacy. The Foreign Proteflants therefore reprefented in their Coun- tries, That a Proteflant King, who, when he perfecuted and drove out of his Kingdom Protefla7its, did, at the fame Time, favour CONSTITUTION. ^.85 favour and countenance Papijls, merited no Affiftance to fupport that Authority 5 And, moreover, they argued, That no Time or Age could Jfrew any Thing Jo monjlrous, as Papifts perfecuted by a Popi(lo King, for Difference only in Opinion amongji them- fehes. Another Matter, which took much from the Reverence due to Bifhops, was their Advifing this King to publifh the i50CiS Of Spoils, in the Year 1633. whereby his Majefty commanded, That his SidyeBsJJoould not be Dijlurbed or Difcour aged from any lawful Recreations on Sundays, after divine Service, fuch as 'Dancing, Archery, Leaping, Vaulting, or other fuch harm' lefs Recreations, nor from Jetting up May-Poles, and other Sports therewith ufed 3 and many Ministers, for refufing to read that Book of Sports in their Churches, were profecuted as Offenders, and fufpended, not only ab Officio, but a Bene- ficio. The Sober and Confederate Part (vulgarly called the 'Pu- ritan c Part) of the People, cried out upon this Proceeding, for two Reafons 5 I. Becaufe it was Afluming of a Difpenfing Power over an Act of Parliament, to which his Majefty himfelf had given the Royal AlTent 5 for, by the Statute of 1 Car. I. cap. 1. it was Enacted, That no common Plays, or other unlawful Exerc'ifes or Pajiimes, JJjould be vfed on the Lord's Day. II. Becaufe it was a prefumptuous Profanenefs, in violating the 4th Commandment 5 For the King's Command and God's Command, were fet in a direct Oppofition the one to the other 5 and therefore the People loaded the Bifhops with this Afperhon, That the far eft Method to bring Men to the Idolatry and Superflition of Rome, was Jirjl to bring them to be infen- fibh of all Religion. The Contention which the Bifhops raifed between the Jurif- Clarendon, dictions of the Ecclefiaftical and the Common- Law Courts, and Vo11, *°J* their promoting the Civil-Law fo far, that the King, at the s°7- Inftance of Archbifhop Laud, Directed, That one half of the ibid. *3j. Matters in Chancery fhould be Civil Lawyers, united, as Ene- mies to the Prelates, the whole Profeiiion of Common Lawyers, who will never fail to be too hard for their Oppreffors. G g g g g S Thefe 4 86 The BRITANNIC Clarendon, Thefe being the Bifliops Circum fiances, twelve of them having been infulted by the Mob, in their Tallage to the Houfe of Peers, and fome of their Robes torn, Signed a Proteft and ibid. 350. Delivered it to the King, who immediately lent it to the Houfe of Peers, importing, That they durji not fit and 'vote in the Houfe of 'Peers, unlefs they were protected from the Tumults 5 and, therefore, they did |d?0ftft againft all Laws, Orders, Votes, Reflations and Determinations, as in themfelves Null and of none Ejfeff, which, in their Ab fence, fmce the 17th of December 1641. had already pajfed, and Jhould pafs in that Houfe, during the Time of this their forced Ab fence. Ibid. 354. The Commons thereupon Impeached the Bifliops of %ttiiiGUi for prefenting that Protection, in Regard they claimed to be a Dijlinff Ejiate, having a Voice upon the Mat- ter as Negative as the King's, which inferred a fourth Ejiate or Negative in Parliament 5 and therefore the Commons urged. That this Proceeding of the Bi/hops tended to fubvert the Con- fHtution, and to change the Fundamental jfOJUl of Government. But this Impeachment was afterwards (as was alledged) molli- fied, by the Commons preffing only to pafs the Bill for taking away the Bifliops Votes in Parliament. ibid. 302. The Bill therefore, for taking away the Bifliops Votes, and for difabling them to exercife any Temporal Office, pafled rea- dily through the Houfe of Commons, and, with fome Delay and Oppofition, it paffed alfo the Lords, and after the Royal Alfent was given, as is before (under the Head of the Queen's Power and Influence) related. ibid. 307. My Lord Clarendon called this Bill a violent Act, and the Removing a Land-Mark, and not a Shaking, but HPifTOltS - IHg Foundations. On the other Side, the Commons Alledged, That the Re- moving out of the Houfe of Peers 27 Abbots, and two Priors, (who, at that Time, were Spiritual Lords of Parliament) was a Precedent in Point. SECT. CONSTITUTION. 487 SECT. LXXXV. SDCtoiltCS about the 'Powers and Privileges of Parliament in General. This was a large Field for Difputations, and therefore it is necefTary to obferve the feveral Sorts of Privileges that were Controverted, viz. I. What Sort of Privileges the Noble Hifioriati allows to be Legal and Necejfary, and the Manner how the fame had been vfually Injifted on, and Vindicated. II. What Sort of Privileges the Parliament Claimed and Afferted. I. As to thefirfi Sort of Privileges, My Lord Clarendon is pleafed to write, That the Wifdom of former Times, had kept the Jurifdiction of Parliament, from being Limitted or T)ejined ; for that it was agreeable to the Nature of the fupreme Court, to have an Unlimited Jurif~ di6iion, and faid, That, becaufe a Violence offered to the Freedom of any one Member, is a Violation to all the Rejl 3 (As if a Coun- cil confifts of Threefcore, and the Door to that Council, be kept by Armed Men, and all fuch whofe Opinions are not liked, kept out by Force) No doubt, the Freedom of thofe within, is Infringed, and all their Acts are Void and Null, as if they were Locked in, and kept without Meat, 'till they Altered their Judgments. And therefore you fliall find in the Journals of the mod fober Parliaments (as Lord Clarendon writes) That upon any Eminent Breach of Privileges, as alfo upon the Commitment of any Mem- ber, for any thing faid, or done, intheHoufe, fometimes, upon lefs Occafions, that Houfe which apprehended the Treipafs, would Sit ifljjltfC, without Debating and Handling any Bufmefs, and then Adjourn 5 and this hath been practifed many Days together, 'till they had Redrefs, or Reparation, and their Realon was, Be- caufe their Body was Lame, and what was befallen One Member, threatned the Reft ; and the Conference of one Act, might extend icfelf 4-88 The BRITANNIC itfelf to many others, which were not in View, and this made their Privileges of fo Tender and Nice a Temper, that they were not to be Touched, or, in the leaft Degree, Trenched upon. VdTrtj His Lordmip is pleafed to AlTert, That Privilege of Parlia- ment, doth not extend to Treafon, Felony, or Breach of the Peace, or to the Refufal to find Sureties for the Peace. Vol. ii. ? 97, And that there can be no Privilege, of which the Law doth not take Notice, and which is not pleadable by, and at Law; but then he writes, The Parliament are the only Judges, what mail be a Breach of thofe Privileges, and what Punifhment mall- be Inflicted for that Breach; the Truth and Clearnefs of which, would appear by Inftances : If I am Arrefted by Procefs out of any Court, I am to Plead in that Court, That I am a Member of Parliament, and that, by the Privilege of Parliament, my Perfon ought to be free from Arrefts : LIpon this Plea, the Judge is Bound to HTHfrtjilVgC me, and, if he does not, he is a Criminal i as for any other Trefpafs againft the Law, but the Punifhing the Perfon who hath made this Infringement, is not within his Power, but proper to that Jurifdicfron againft which the Contempt is made : Therefore, that Houfe of which I am a Member, upon Complaint made of fuch an Arreft, ufually fends for the Perfons Culpable, the Party at whofe Suit the Arreft is made, and the Officers who Executed it, and Commits them to Prifon, 'till they make Acknowledgment of their Of- fence : But that Houfe never fends, at leaft never did 'till this Parliament, any Order to the Court out of which the Procefs Kliied, to Stay the Proceedings at Law, becaufe the Privilege ought to be legally Pleaded : So after the DilTolution of the Parliament, if I am Arrefted within the Days of Privilege, upon any Plea of Privilege, the Court SDlfc!)ArgCS me ; but then the Party that Arrefts me, efcapes Punifhment 'till the next Par- liament, the Judge having no more Power to Commit the Man that Sued or Arrefted me, than he hath to Imprifon the Man for bringing an Action at Law, when he hath no good Title, neither is he Judge of the Contempt. Again, If a Man brings an Information, or an Action of the Cafe, ror Words fpoken in Parliament, and I plead, That the Words were fpoken by me in Parliament, when 1 was a Member there, and that it is aga'mji the Privilege of Parliament, that Ijhould be CONSTITUTION. be Impleaded in any other 'Place, for the Words I [poke there, I ought to be SDllC^attgCD from this Action, or Information, becaufe this Privilege is known, and pleadable at Law 5 but that Judge can neither Punifh, nor Examine, the Breach of Privi- lege, nor Cenfure the Contempt ; and this is the true and pro- per Meaning of the old Received Axiom, that they are fudges only of their own Privileges. And, indeed, thefe two, of Freedom from Arrefls, for their Perfons ( which Originally hath not been of that Latitude, to make a Parliament a S inctuary for Bankrupts, where any Perion Outlawed, hath been declared Incapable of being returned thither a Member ) and of Liberty of Speech, were accounted their Chiefeft Privileges of Parliament • for their other, of Accefs to the King, and Correfpondence by Conference with the Lords, are rather of the EfTence of their Councils, than Privileges be- longing to them. But, with my Lord's Leave, it may be laid, That Freedom from Arrefls, and Liberty of Speech, are of the Fjfence of their Councils 5 for Arrejls and Imprifonment , are Inconfillent with that Effence. SECT. LXXXVI. VI. iDCbtttrS about the particular Privileges, Claimed and Ajferted by this Parliament, in Relation to the Impeachment of the live Members, and the Kings Etitry of the Houfe to Seize them 3 and whether fuch Entry was a Breach of the Privilege of Parliament, upon the Problem before mentioned. The Parliament Declared, That no Member could be Arrefred upon any Pretence whatfocver 3 no, not in the Cafe of Treafon, ■ without jirjl Informing the Houfe, (of which he was a Member) of the Charge, and of the Evidence againjl htm, and Receiving their Leave and Direction, for the Proceeding againjl him. And they added this Logick, viz. Becaufe, if a Man (hould Cbrmdon, be Committed, and Imprifoned, as foon as the King Accufed him l *g£ of High Treafon, the Parliament might, in Confequence, be, by fuch a Proceeding, T)iJfolved, Jince he might fuccefjiveh Accitfe one after another, until the whole Body flmild Stand Accv H h h h h h and 49° 7 he BRITANNIC and that That would T)eflroy the very iStiHQ of Parlia- merits. Clarendon, That they are the only fudges of their own Privileges, and, ' \ 9 9 l\ therefore, whatfoever they declare to be their Privileges, was fuch, otherwife, whofoever determines, That it is not Jb, makes himfelf Judge of that, whereof the Cognizance only belongs to the Parliament. Vol. 1. 592. They Argued, That the Sitting of the 'Parliament, Main" tains the Law, which Upholds the Privilege of Parliament, which Upholds the Kingdom. Thefe General Notions of the Privileges of Parliament, being premifed, the particular Species of the Breaches of Privilege, come now to be Treated of 3 and thofe were thefe 5 I. The Impeachment of the Lord Kimbolton, and the Five Members. II. The King's going in Pcrfon, attended with many Armed Gentlemen, to, and Entering, the Houfe of Commons, to Seize them, which were the §htejlions Controverted, whether they were Breaches, or not. Vol. 1. 361. The Commons Infifted, That the King's declaring in the Houfe, That he would take the Five Members, where-ever he found them, was an Evidence, That he meant himfelf to have brought into the Houfe, that Force which he brought to the Houfe, to Arreft them, if they had been there 3 for his Majefty's Defire, fignifled before to the Houfe, by his Serjeant at Arms, to Deliver them up, Implied, and Inferred, a |B0lDrt in the Voi.i. 391. Houfe, to Deny, or Keep them 5 and that the King's granting Vol. 1. ;<>*, Warrants under his own Hand, to Arreft them, was Illegal - 7 |si* and that the very TSCIttg of Parliaments was, by that Proceed- «°s- ing ^ijafem. Moft Unhappy was this Attempt, becaufe it made a fptefcCfc DCUt for Cromwell, and the Army, afterwards, to Imitate the Example, and to Extirpate, for fome Time, the very 'JSntlCJ of the Parliament. That CONSTITUTION. 491 That this Impeachment was Illegal, becaufe the Judicature ofciarendon, the Lords, and the Impeachment both, Contradicted Magna c Charta, which had provided, That every Subject fhould be Tried for his Life, Per Pares, vel per Legem Terra, which a Commoner could not be, in this Cafe, if the Profecution were at the King's Suit. That Herbert the Attorney General, upon his Examination Declared, That he had neither framed nor advifed the Articles ibid. ?s ;> of Impeachment, nor knew any Thing of the Truth of them, nor could undertake to prove or jufiify them ; but that he had re- ceived them from the Kings own Hand, and was by him Com- manded to exhibit them 5 and thereupon the Commons divers Times petitioned the King to difcover the Names of thofe who were his Advifers of that Profecution 5 and, moreover, they impeached and punifhed the Attorney General, for breaking the Privileges of Parliament. In this Profecution of the Attorney General, there happened a remarkable Inftance of the Privilege of Parliament, viz. the Commons Declared, That the Interejl of all the Commons in ibid. -8^ England was involved in the Matter of that Breach of Privi- 4 * ; lege ; and that if any Commoner pre fumed to be of Couucil for any Perfon accufed by the Commons, in a Matter which tended to fubvert 2UI their Privileges, heJJoould be treated as an Infrin- ger of them 5 and thereupon no Counfel would, nor did, on the Behalf of the Attorney General, meddle further in that Bufinefs. In this Month of January 1641. the King on the one Hand vehemently preffed Warijloun, to deliver up to him the Original Engagement, figned by the Inviters 5 whereby they had follicited the Scots to invade England, to the Intent to enable his Majefty to prove the Impeachment. On the other Hand, the Inviters prelTed Warijloun with the Obligation of his Oath of Secrecy, and the fatal Conferences impending over both Nations 5 Warijioun excufed himfelf to the King, on the Account of his Oath $ and then cut out the Names, and fent them to each Subfcriber : After which, and when the %\U \}\Ut$, found themfelves thus fecured 5 the Lords and Com- mons petitioned the King, either to fend his Proofs, and pro- H>; 437' Breach of the Privileges of Parliament. And thus this impolitick Contefl, which put into a Flame the whole Nation, was laid afleep, but not extinguifhed 5 but what were thofe good CtUluTS, which caufed his Majefty to T)efert that Profecution, remain, as yet, not fully Difcovered 5 for it may be reafonably Conjectured, his Majeftv found, That I i i i i i the 4-94 The BRITANNIC the Difturbing his Government by Arbitrary Power, and the Refcuing the Conftitution and the Rights of the two Eftates of Lords and Commons, from under the Minifters Oppreffion, would warrant and juftify the Legality of the Invitation, and Sollicitation of the Scots Invafion 3 and that his Majefcy's Evi- dences of that fuppofed Treafon (although he had the Original Invitation to produce) were not fufficient to Encounter the Spirit or the Conftitution 5 for the People were, with the Deliverance, which that Invafion produced, Gvcr-joyed 3 and the Merit of it caufed the Scots to be almoft Idolizd. Or, (which is the fame Thing) it may be prefumed, That the King found his Power, not equal to his Undertaking (to wit) to maintain the Logick of his Proceedings 5 for if his Power could maintain that JntUtttttOtt to be Treafon 3 then the fame Power would not fail to maintain, That all the Fruits of it {viz.) the Ads of Parliament, by which his Majejlys Erro- neous Adminiftration had been Tiijlurbed and Reformed, were obtained by Force and Violence, and ought therefore to be Refcinded. SECT. LXXXVII. VH. SDclJtltf S about the Laws in general 5 and whether the King had, bCfOJC this 'Parliament, governed by Arbitrary Power, or not 3 and whether he did not refer ve in his Mind an Intention or Refolution to Refcind the Atts of Reformation, pajfed in this Parliament. Clarendon, The Parliament argued, (and their Arguments are confirmed Vol. 1. itfi. ky t j ie ^oble Hiftorian) That there was no gheflion the King, when he came to York in 1 640. to oppofe the Scotifh Invafion , did not think of Ajfembling this Parliament, hut was wrought to it by ^Degrees 3 and that the Prevailing Counfellors had infufed into his Majefly this Notion, viz. That the Paffing of all the Acts of this Parliament, and particularly of the two Acts ibid. 427, for Pr effing Soldiers for Ireland, and for the taking awav the J?£ Bifhops Votes, was made by direct UHlOlCUCC, and almoft by Force of Arms 3 and that the Violence and Force ufed, in pro- curing thofe Acts, rendered them abfolutely Invalid 3 and that his Majefty's AiTent to, or Confirmation of fuch Acts, could not make them Valid, which were in themfelves Null. The CONSTITUTION. 495 The Argument went further (as the Noble Hiftorian informs Clarendon, us) which convinced the Scots, viz. that the King's Opinion Vo1 - l * 0% was, That his COttCCHlOnS in Scotland, in September and^oLi.^io. October 1641. were extravagant, and that fome about his Majefty had aflured him, That when the Troubles of the late Storm could be perfectly calmed, they would Reverfe and Repeal voii. ^ 9 . whatfoever was then Unreafonably Extorted. ^5- And this Argument was Confirmed by the King's firft Mef-Vol.l. 459, fage from Tork, in 1642 5 for when his Majefty found his Re- ception there, beyond his Expectation, by the great Concourfe of Gentry, and Men of Ability, he Refolved to Treat the Two Houfes in another Manner, and therefore Declared, That as he would T)eny them Nothing, that was Jit for them to ask, fo he would Tield Nothing, that was Unreafonable for him to Grant 5 and that he would have Nothing CttC^CcD from him : And the Noble Hiftorian writes, That he would no more be Swagger d into Concefjions ; which Implied, as if his Majefty's Sentiments were, That the former A£is had been Extorted, and that he had been Swagger'd into thofe ConceJJions. The Parliament therefore Concluded and Argued, That the Vol. I. 4 $ 5 . King had a IDlQttClUBtlOU to the Laws of the Land, and that he had Confented to all the Laws made in this Parliament, and efpecially, for granting to the Adventurers, the Eflates of the Irifli Rebels, very unwillingly, and with great 3SciUCtStlCP ? and meant to Avoid them. They Argued moreover, That if the Minifiers could Matter Vol. 1. 59 ^ this Parliament by jfOJCf, they would Uphold the fame Tower, YollL l8 * not only to Abolijh all the good Laws, which were made this Parliament , but to T)eprive the Nation of all Parliaments. The Active 'JtttHtCtS, therefore, in their Debates about the Grand Remonftrance, which was Voted in November 1641, Argued, That they were in T)anger of being T)eprived of all the good Laws which they had gained in this Parliament, if great Care and Vigilance, were not ufed to T)ifappoint fome Counfels, which were then Entertained ( meaning, the Grand Refolution of Impeaching the Five Members) which the Mini" Jlers hoped, and expected, would Unravel all the COHCtfOonS, and Reflore the Exercife of that ^tbltt&tp Government , with' out 49< 5 The BRITANNIC out Parliaments, or, at leaf, without free ones, which had been fo lately Difturbed and Removed. D'Orieans Thefe Arguments of the Parliament, have been fince Con- r ' 41, firmed and Proved, by the Jefuit Tf Orleans, who was, by the Popifii Cabal, uncjueftionably, let ir.to the true Secret : His Words are thefe, All Mankind believed, that the King did not Grant fo much, but in Order to Revoke all , and that he, un- derhand, was preparing for SCltlV, that the Sword might Cut all thofe Knots, he made with his Pen. And for this Purpofe, 2) 'Orleans gives a good Reafon, why the Book called, Eikon Bafehke ( if it were Genuine) is, in this Cafe, of no Credit. This Argument, That the King intended to Refcind all the Afts of Reformation, paffed in this Parliament, was fo Popular, and gained on the People fo Univerfally, that there was No- thing which more Preffed the King, nor fo Obliged him to deliver himfelf from that Imputation, becaufe no Man that be- lieved it, would Adhere to, or AiTift him. otarendon, The King was therefore pleafed, fometimes, to Argue, That Vol. 1. 3*9, t j Je ^ t |\\) of the Land was the Inheritance of every SubjecJ, and the only Security for his Life, Liberty, and Ejlate : And, in his Speech, made on the 9th of March, 1641, to the Com- mittee of Parliament at Newmarket, his Majefty Taunted the Parliament, by faying, What would you have? Have I Violated your Laws ? ibid. 451. His Majefly alfo declared, He was not only refolved to keep the Laws himfelf, but to maintain thofe Laws, and require Obedience to them from all his Subjects. ibib. 472. That his Majefly was refolved to Build upon a fire Founda- 55 5 > z66 - tion, the Law of the Land, and fo Shelter, himfelf under that Law, prefuming, he himfelf, and the Law together, would be Strong enough for any Encounter. ibid. 45;, The King was pleafed to Condefcend to Argue, That his Husband 598 ' own J u fi ^■ l ^ s cwere ^&tfc of that Law of the Land 5 and Coil. 5 the Continuance of this preSent Parliament, for Relmquijhmg his Title of Impojing Taxes upon Merchandize, and his Power of Preffing Soldiers : The Acts lor taking away the the Star- Chamber, the High Commiffion Courts, and the Votes of the Bifhops : The A£ts for Regulating the Council Table, the Fo- refts, the Stannary Courts, and the Clerk of the Market 5 but he was pleafed to Omit the Two Acts for SDlftUJOtbttig the Ship-Money, and for Granting to the Adventurers, the Effaces of the IriJJj Rebels, and his Majefty was pleafed to call thefe Laws, Acts of his Juftice, and lingular Favour 3 that they were Excellent Laws 3 and that he would not Repent of them, but Obferve and Maintain them, without Violation 5 and, more- over, the King was pleafed, in 1642, at the Head of his Little Army at Wellington, in Shropfloire, to make this Proteftation, That he would d50tlCtU ly the known Laws of the Land, and,Vo\. 11. ir>, particularly, would iiDbfctlJC Inviolably, the Laws he had Jf- fented to in this 'Parliament. But of all the King's Arguments, None were fo Clear and Impartial, as that Part of his Anfwer to the Nineteen Proposi- tions, before made Ufe of, in the Chapter of Evidences, to prove this Constitution, Page 142. for there his Majefty did Allow, and Admit, many of the Legal Rights, which juftly belonged to every one of the Three Eftates of King, Lords, and Com- mons 5 and one would have thought, that that Declaration which was fo Main and Honourable, might have been the Foundation for a good Agreement. It may be wondred, why the Noble Hiftorian took no No- tice of fo Bright a Part of that Anfwer, unlefs the Omiffion infers Some-body's InSincerity. But the Omiffion in Echard, of that material Fart, is not difagreeable to the reft of his Reprefentation 5 for that Hiftorian has Spared no Fains to Reprefent his Majefty s SHXpftltf IHCJ from the Rules of Law, to an Arbitrary Power, to be in all Things :Http)t, and the parliaments Proceedings, to Reduce that Arbi- K k k k k k trary 49 « The B R IT A N N I C trary Power, to be, in all Things, C&lJOttfJ ; whereas this Royal Declaration, was a Contradictory Judgment, proceeding out of the King's own Mouth, whereby moil of the Steps of his own Government, 2S5ft02C this Parliament, Stand Con- demned as Illegal ; and yet this Author has rack'd his Inven- tion to Honour, and even Adore, the one, and DH parage the other, with the mod Affecting Epithets. But although this Part of the King's Anfwer Was Ingaging, yet other Parts were Diiobliging ; for notwithftanding thole Juft Acknowledgments of the Rights and Powers of the Two Eftates of Lords and Commons, and that the Regal Powers were Relative, and Limited, yet his Majefty told them, That heJJjould always look upon ''Parliamentary Ad-vices, as Advices, and not as Commands 3 and upon them, as Counfellors, not as his 'Tutors 5 and upon himfelf, as their King, not as their 'Pupil : By which Corrofive Explication, the Value of thofe Conceded Rights, Powers, and Privileges, was Subftracted. clarendon, But at other Times, the King was pleafed to Afcend Above Vol. 1. 612. a jj human Laws, and Above this Conftitution, which his Ma- jefty had owned to be the Conftitution, and to infift, That his Majefty's Rights were Antient, Unqueftioned, and Undoubted 5 and that the fame were Originally, and Primarily, Settled and Eftablifhed on him, and his Pofterity, by God himfelf; and that having fo Received a Being, or Exiftence, his Rights were only Confirmed and Strengthened, by fubfequent A&s done by his People. This Declaration feemed furprizing, becaufe it Sapped or Reclaimed, whatfoever he had laid touching his Adherence to the Conftitution, and to the Laws of the Land, which are, undoubtedly, Humane, and which, confidered as Humane, could never Take away, or Controul, any Rights that were Prior in Time, and Settled and Eftablifhed on his Majefty, and his Pofterity, by God himfelf; and this Declaration feemed the more Surprizing, becaufe it was a Sort of Abdicating, or Renounc- ing, all Rights Derived from this Human Conftitution. Vol. 11. 4^7- The ^(ItliatUCnt, by Way of Reply, Argued, They were forry to have fuch plentiful Matter for an Anlwer to that Que- ftion, Whether his Majejly had Violated their Laws ? They befought his Majefty to remember, That his Government, as it was CONSTITUTION. 499 was in a great Pare managed by his Minifters, isrfc^f the Be- ginning of this Parliament, Confided of many Continued and Multiplied Acts of Violation of the Laws ; in fome of which, his Majefty had Avowed himfelf to be, both Commander and Clarendon, Actor 5 and which Violations appeared, VoL ' 5 were made, hy his Warrant, Signed with his Majefty s own Hand 5 againjt which Wrongs, there could be vo Remedy 3 except fuch as mitji arife, from a T)ijfolution of Government. III. By his Majefty 's denying, to fome Peers, their Writs of Summons to Parliament, and by ordering others, who had them, not to appear in Parliament 3 and by Imprifoning the Earl of Arundel in the Tower, Sitting the Parliament. IV- By profecuting, fining, and imprifoning three Members, Sir John Elliott, T)enzill Holies, and Benjamin Valentine, for Complaining and Arguing in Parliament againft the King's Minifters 5 for Exercifing Arbitrary Power, although Liberty of Speech, touching the State and Government, and making Inqui- fition for Grievances, was their Fundamental Right, Power, and Privilege. V. By his Majefty 's pardoning a Malefactor (Dr. Manwa- ring) after he had been Condemned in Parliament, for preaching up the Doctrine of ^ttblttatp $0U)er, That the King, in Cafe of Danger, might ^hltpOfC Taxes, and Levy Money, without a Grant thereof in 'Parliament : And, moreover, by Rewarding the Doctor with the Biflioprick of St. David's, for that Service, VI. By ^oo The BRITANNIC VI. By Laying afide, and not permitting, for many Years, the Lords and Commons to Aflemble in Parliament, and for- bidding the People to prefcribe any Time (i. e. to petition for holding Parliaments) 3 which was, as the Commons alledgcd, Either a Failure or Denial of Juftice. VII. By numerous InPcances of illegal Impositions of Taxes, and Levying Money, without a Grant thereof in Parliament 5 (to wit) by Levying five Subfidies ; although the Bill for grant- ing them, was only Depending, and never pafTed rhe Houfe of Commons 5 by Requiring the People to lend him fuch Sums of Money, as he impofed and required, and imprifoning without Bail or Mainprize, fuch as refufed 5 by Exacting and Levying the Cuftoms of Tonnage and Poundage, and Duties on Wines, and by Exacting great Sums on Pretence of excufing ordinary Freeholders from the Order of Knighthood 5 and, above all, by Impojing and Levying the Tax of Ship-Money. VIII. By the Illegal Proceedings of the Star Chamber, the High Commiffion Court, the Council Table, the Foreft Courts, by Shedding Blood, by Martial Law, by Monopolies, &c. To which might be added, The Provoking Inftance of Delivering up to a Neighbouring Potentate ( the French King) a Squadron of the Naval Forces of England. The Parliament added, That the fl^CffUreS ailt> buffer- i03!> of the People, under this Method of Governing, were Innumerable. Husband's The King, by Way of Anfwer, did admit, That 'BtfQJf C "!. L r 5 i\\ this Parliament, he had 3D0p&TtCtJ f rom the known Laws, to "'an 3Ul3itCiltp $0B)Ct ; and that great $J@.fc()tCfS( had grown Clarendon, from the Cl'CtClfC of that Arbitrary Power 5 and that the " )U ' 47 '' ^CffurcS atlD ^UfifcrmgS of his Subjects, had proceeded from the long 51ntCmiif0on of Parliaments 5 and that, therefore, his Majejly had refolded, without putting any Glofs upon his own former COWUIiittDS, or Endeavouring to make any Excufe Husband's for his Minijlers, That the IJlBcaftttC of his Jttftice and Favour, by Way of Reparation, fliould far Exceed the Oppreftions and ^Ufi'ermgS, his good Subjects had Undergone fcp fog #ajfftp. His CO N ST I T U T I N. 501 His Majefty having mentioned his c JuJlke and Favour , he Husband's feemed to Confine the Exercife of Arbitrary Power, and the Sufferings of his Subje«5ts, to the Proceedings of the Star Cham- ber, High CommiiTion Court, and Council Table 5 and that his Majefty had, in Jujlice, Palled Acts to Redrefs thofe Grie- vances. But as to the ^CfflltCSl of his Subjects, which they Com- plained they had Undergone, under that Power which his Majefty had AlTumed, to "JJNipole Taxes, the Bufinefs of the Clerk of the Market, and Knighthood, his Majefty was pleafed to fay, That his Ta/Jing the Afts to Difavow that $0ll)Cr, and Redrefs thofe Grievances, were Acts of his Favour; for his Majefty in- filled, That the MtfP'^OUCP had been Adjudged Legal ; and that his Title and Power of Impofmg Taxes on Merchandize, had been Adjudged Good, and had been Exercifed by his An- ceftors 5 and though fometimes Difputed, yet had never been Refolved againft, by any Judgment in Parliament, nor 'till now Yielded : That his Rights, touching the Order of Knight- hood, and the Clerk of the Market, were Uncjueftionable, and yet his Majefty had ^flttCD with all thofe Rights, without Difputing them. His Majefty, therefore, Recapitulated his Condefcentions, and Smderfo^ Acts of his Jujlice, and lingular Favour, llnce the Commence- J£ JJ 9 | merit of this Parliament, In Granting the Judges to be Quam±~ l i i0 - • diu fe bene gejferint $ In Bounding the Foreft Laws s In per- mitting Jujlice to be done upon Delinquents 3 In giving the Laws their Liberty 5 In Expofmg his Servants to Tryal 3 In parting with his Right in the Ship-Money ; and his Title and Power to Impofe on Merchandizes \ and that he underftood well the Rights he had |^TtiCt) with : And therefore his Majefty clarendon, Expojlnlated with the Parliament, for looking back fo many Vol,L 4 " f * Years, to Things for which he had given them Ample Repa- ration 5 neither looked he to be Reproached with the Actions of his Mtniflers then againft the Laws, whilft he Exprefled fo great Zeal for the pre Cent 'Defence of them. TO The Parliament, on their Part, Argued, That his Majefty \ Admiffions were, doubtlefs, ^Hlft) an d particularly, that the S>Uffttltlg£ of the People, during the long Intervals of Parlia- ment, proceeded from the Failure of 3Wcnil)lU19 Parliaments \ L 1 1 1 1 1 and $02 The BRITANNIC and chat, therefore, when his Majefty 3>:pd£tfD from the known Laws ( i. e. From the Conftitunon ) and Exercifed an Arbitrary Government, without Parliaments, it was Inconfiftcnt with that Truft which the Law had Repoled in the Kingly Office j and was, during that Time, Illegal 5 and the ^cCTllttS of the People, with which the Minifters Crufhed them, againil, Law, were Grievous, and the rather, for that his Majefty ad- mitted, That he had ftCpflUCi) from the Known Laws, which Inferred, That he had Erred againil Knowledge. Clarendon, The Parliament alfo urged, What Dependance could be Vol. I. i, Britons know, That thofe two Eftates, when aiTembled in Parliament, have, by the Conftitu- tion a Power to enquire into their Wrongs, and to punifh the Wrong-Doers 5 and, therefore, every Briton can himfelf judge and tell, when Parliaments are frequently aiTembled, and if aiTembled, whether they are Mai- treated or not ^ without the Help of any other Judge, SECT. $o8 The BRITJMN1C SECT. LXXXIX. IX. SDCbtltCS about the Military Tower, and, particularly the Tower over the Militia, and in whom that Tower , by Law, rejided 5 and who were to be Judges, and had Tower to de- clare what was, in that Cafe, the Law. In this Queftion it is neceffary to relate the Hiftory of the Militia-Bill 5 The active Members apprehended their Danger to proceed from the King and Queen's private Refolutions taken (before the Royal Journey into Scotland in 1 64 1 ) to clarendon, Impeach them for High-Treafon, and from the publick Ru- Voi.i. 558- mourj That there was fomething on the Anvil, that would break the Neck of this Parliament. They took a View of the Military Power, which, in cafe of an Impeachment, could fupporc the Profecution. Vol. I. 277, Lord Clarendon relates, how the Queftions about the Mili- tary Power came firft to be Debated, viz. That upon fome jDifourfe in the Houfe of Commons, about fome T)iforder which had happened in, or about Auguft 1 64 1 , upon, or in the late disbanding the Army in the North, a Motion was made, (as by Accident) To confider of the prefent State of the Militia, and the Power of it, and whether it was fo fettled by Law, that a fudden Force could be railed for the Nation's IDtfrttCC, againft an unexpected Invafion, Infurre&ion or Rebellion ; and that a Bill might be prepared for that End. The Arguments againft it, were, That the Tower of the. Militia, and the Right of making Wa,\ rejided only, in the king, and there had never yet appeared any TJefeff of Tower. The Arguments for the Bill were, That the Quejlion was not about taking away from the King any Tower that he really had, but to enquire, Whether there were fuch a Tower in him, or where elfe 3 and it was Argued, That there was no fuch Tower in the King 5 inafmuch as it appeared from their own Refolutions or Votes, That the late Commifftons to the Lords Lieutenants of Counties, and their Under -Commiffiom to T)epu- ties ? CONSTITUTION. ^09 ties, Collonels, &c. to lift and condu.61 Soldiers, were Arbitrary and Illegal, after which, no Occajion or iSecefjity would prevail on any Man to Execute fitch CommiJJions, or on any Body to obey them ; and, confequently, there did appear a HDCttft of '■Tower ; and thereupon it was ordered, That a Bill fjjould be brought in, purporting, That the Power of the Militia, and the abfolute Authority to execute, &c. fhould, for the Space of two Years, be veiled in a certain Number of great Men therein named 5 and the Bill was read, for the firft Time, and laid by, as if it were, at prefent, laid afide. But upon the Commotions about the impeached Members j^^ the Houfe of Commons relumed the Militia Bill, and after adding thereto a Claufe for putting all the Forts, Caftles and Garrifons into the like Hands, as were the Militia-, they pafled it, but pending this Bill, the Parliament Moved the King, That the Magazine at Hull might be removed to the Tower of London ; and not receiving a fpeedy Anfwer, they fent down Sir John Hot ham to be Governor, and to draw in fuch of the Trained-Bands, as he thought proper, to fecure the Place. The Lords, after fome Ruffling likewife, parted the Militia' Vol. 1.415, Bill on the fecond of February 1641. But this Bill being pre- m- fented to the King on the 14th of February 1641. together with the two Bills, the one for pre/Ting Soldiers for Ireland, and the other for taking away the BifhopY Votes, the King palled the two latter, and Rejected the Militia Bill The Parliament, being in a Rage for the Difappointment of the Militia Bill, did, in February 1641. turn the Militia Bill into an Ordinance of Parliament, for fettling the Militia, confining the Extent of the Power to the fuppreffing Rebellions, Infur- rections, and Foreign Invasions, and the Continuance thereof to two Years, and fent the fame, together with a Lift of the Com- miffionei's Karnes, in whom they could confide, to th*e King for his Approbation and Royal Affent. .... The King's Anfwer ; was, That in a few T)ays he was to govoU. with tlje J^iteen from Windfor to Dover, in her Journey to Hol- land, and therefore he would conjider of it as a Matt er'^ of hi' portance, and refpite his Anfwer 'till. his Return. : N n n n n n The 434« $io The BRITANNIC Clarendon, ^he Parliament with Impatience, and in Fear too of the Effects of the Queen's Journey, and of the private Negociations fent immediately a Petition to the King at Windfor, requeuing him to give them inftantly fuch an Anfwer, as might raife in them a Confidence that they mould not be expofed to the Practi- ces of thofe (pointing at the Queen and the Papifts) who thirfted after the Ruin of this Kingdom, and the kindling that Com- buftion in England, which they had effected in Ireland, from whence they intended to invade England. But the King anfwered, That he would give them a full Anfwer ac his Return from 'Dover : And at his Return from thence to Greenwich, he fent them this Anfwer 5 He objected not only againfl the Preamble, reciting a dangerous and defperate Defign upon the Houfe of Commons, fuppoied to be an Effect of the bloody Counfels of Papifts, but alfo againfl: the Form of an Ordinance $ and propofed the Method to be by Way of Bill 5 and that the Power mould be, by lome Law, firft veiled in his Majefty, with Power to transfer it over to thofe Perfons nominated for Commiffioners. ibid. 459. The Parliament being tranfported with Fear and Vexation, immediately voted the Advifers of that Anfwer to be Enemies, to be mifchievous Projectors againfl: the Defence of the King- dom 5 and that if his Majefty fliould perfift in it, it would hazard the publick Tranquillity. ibid. 440. The Parliament fent another Petition to the King at Theo- hald's 5 whereby they reprefented that prefent Time, to be a Time of approaching, and imminent Ruin (meaning the Queen's Journey to follicit Foreign Forces, and meaning the Pope's Nuncio's Solicitations of the Kings of France and Spain, to ibid. 445. fumifh the King with 4000 Men each, to invade England 5 an er -^4. an( j mean j n g tne Treaty with Denmark, for Men and Arms to be landed at Newcajlle, or the Holy-IJland near Berwick, of all which, the Parliament had frequent Advertifements) 5 They, therefore protefted, That if his Majefty perfifted in his Denial, the Dangers were fuch as would endure no longer Delay, and that if he mould not pleafe to apply his Royal Affent to the Ordinance, Neceffity would inforce them to difpofe of the Milt' tia by the Authority of both Houfes, in the Manner propounded, and that They would do it accordingly. The CONSTITUTION. 511 The King, by his Anfwer faid, That he fliould not alter Clarendon, his former An fwer, but Declared he had no Thoughts but of °- 1 - 441 ' '•Peace. The Parliament immediately Voted, That the Kingdom Vol. 1. 442. fjoould be forthwith put into a Pojlure of 1)efence, by the Autho- rity of both Houfes 3 and that a Declaration Jhoirfd be Jent to the King , containhig the C&ufCS of their Fears. The Parliament, accordingly, fent their Declaration to the Vol. 1. 445 . King, at Newmarket, in which are fffecified, That fome of the 9 ar " l6lfU C&Uft£> of their Fears were, That many Advertifements were come from Abroad 3 That his Majefty had Jiill fome great De- Jign in Hand, for Breaking rhe Neck of this Parliament 5 That his Majefty s Abfenting hhnfelf and Retiring to fome Place of Strength 5 and the Denial of his Prefence and Protection, was Jo done with fome Intent to Declare himfelf 5 And that they Vol. 1.445, did therefore Apply themfehes to the Ufe of that Power, for the SDffXHCX of the Kingdom, which, by the Fundamental Laws and Conjtitution, Rejided in them. The Hiftory of the Militia Bill, being thus related, the Matters that come next in Courfe to be Stated, are the Que- ftions in Law, that were Controverted between the King, and his Parliament, 'viz. Who was to be the Judge, and had the Power of Declaring what was the Law, whether the Parlia- ment, or the King ? And here it is to be obferved, That the Lords and Com- mons, Aflembled in Parliament, turned upon the King, his own Arguments, for Ajferting their Power over the Militia, without his Majefty 's Affent, as the King had made Ufe of, for Impojing Taxes, and Levying the Ship-Money, <£fc. by his Royal Prerogatives, without their Affent in Parliament, as will appear from the Sequel. The 1 6th of March, 1 64 1 , the Parliament Voted, That the Vol. 1. 459, Nation was in Evident and Imminent Danger, from Enemies Abroad, and from the Popifh Party at Home 5 and that they ( the Parliament ) were the proper Judges of the Danger, and of the Means to prevent it 3 and that in Cafe of extreme Dan- ger, and of the King's Refufal to give to the Militia Bill, the ^•2 The B R IT A N N I C the Royal AiTent, Inevitable jj^CCXlfUp did Warrant them to put the Nation into a Pofture of Defence ; and that their Ordi- nances, touching the Militia, with which the King refilled to Comply, ought to be Obeyed by the Fundamental Laws of the Kingdom ; and that in regard, the Lords and Commons, in Parliament Afiembled, being the fupreme Court of Judicature, have declared what the Law of the Land is, it would be a hicrh Breach of the Privilege of Parliament, if fuch their Decla- ration mould be, Either Queftioned, Controverted, or Contra- dieted, and much more, if it fhould be commanded not to be Obeyed. clarendon, The Parliament Argued, That this Law was Coe-val, or as \oi.i. )->!>• qj£ as t j Je fcingdow: That the Kingdom muft not be without a il)3t(Ul3 co Preferve itfelf, which, that it might be done with- out Confufion, this Nation had Intrufled certain Hands with Power to provide, in an Orderly or Regular Way, for the Good and Safety of the Whole, which Power, by the Confti- tution of the Kingdom, was in his Majefty, and in his Parlia- ment together 3 yet, fince the Prince, being but one Ferfon, is more fubjecl: to Accidents of Nature, and Chance, whereby the Common-wealth may be Deprived of the Fruit of that Truft, which was, in Part, Repofed in him, in Cafes of fuch Neceffity, that the Kingdom may not be Inforced prefently to return to its firft Principles, and every Man left to do what is Right in his own Eyes, without either Guide, or Rule 5 the Wifdom of this State hath Intrufled the Two Houfes of Parliament, with a Power to <§>uppiv what fhould be wanting, on the Part of the Prince, as was Evident by the conftant Cuftom and Practice thereof, in Cafes of Nonage, Natural Difability, and Captivity ; and that the like Reafon did, and muft, hold, for the Exercile of the fame Power, in fuch Cafes, where the Royal Trujl can- not be, or is not, Executed,- and the Kingdom runs an Evident and Imminent Danger thereby 5 which 'Danger having been Declared by the Lords and Commons in Parliament, There needed not the Authority of any 'Perfbn, or Court, to Affirm ; nor was it in the Tower of any Terfon, or Court, to Revoke that judgment. Ibid. s. The Parliament Argued, That if thefe Matters were accord- ing to Law, they hoped his Majefty would aliow the Subjects to be Bound by them, becaufe he had faid, Irk would make the Law, the Rule of his Tower : And if the Queftion were, Whe- ther CONSTITUTION. $13 ther that were Law, which the Lords and Commons had once 'Declared to be fo; who fhould be Judges ? Not his Majefty 5 for the King Judgeth not Matters of Law, but by his Courts -, and his Courts, though Sitting by his Authority, expected not his Ajjent in giving Judgment in Matters of Law : Nor were any other Courts to be Judge 5 for they could not Judge in that Cafe, becaufe they were Inferior : No Appeal lyincr to them from Parliament, the Judgment whereof was, in the Eye of the Law, the Bmg'S gjUQCpiWttr, in his higheft Court, though the King, in his Perfon, be neither Prefenr, nor AfVcnt- ing thereto. The Parliament urged, That they would never allow a few Clarendon, private Perfons about the King, nor his Majefty himfelf, in his VoL L 58o> own Perfon, and out of his Court, to be JfUtKJC of the Law, contrary to the Judgment of the higheft Court of Judicature. The Subftance of what the Noble Hiftorian obferved upon the King's ;JnipOflttg the Tax of Ship-Money, and the Judg- ment that was given for the Crown to Recover it, is Inftructin^, and proper to be here Inferted, viz; A Man fhall not unprofi- tably Expend his Contemplation, that considers the Method of d30l)'& 3JUftitt> tnat trie f ame Principles, and the fame Appli- Vol. 1. 542 . cation of thofe Principles, mould be ufed to the Wreftincr all Sovereign Power from the Crown, which the Crown firft made Ufe of, for Afluming an Arbitrary and Unlimited Power, to Invade the People's Rights, and to Wrejt from them, their Pro- perties. A fuppofed jftet tltlfy was, in this Cafe, thought Ground good enough to Create and AfTume a Power, and a bare Aver- ment and Allegation of that Necejfity, to beget a Practice to Impofe what Tax they thought convenient, upon the People, by Royal Mandates, called Writs of Ship- Money, ttC\3Cl* UctO?C fcttOttUt j and a fuppofed jftCCetfltp afterwards, and a bare Averment of that Necejfity, was as confidently concluded to be a good Ground to Exclude the Crown from the Ufe of any Power over the Militia, by an Ordinance never before heard of- y and the fame Maxim of Salus Topuli Suprema Lex, which had been made Ufe of, for Extirpating the People's Rights, was, in its Turn, made Ufe of, for Overturning the Regal Prero- gatives. O o o o o Argii- 514. The BRITJNNIC Arguments for the King, were managed after this Manner : 8 Apr. itr- I c ' s p ro p er to obferve, That his Majefty having Refolved to go over to Ireland, as before is mentioned, he endeavoured to Clarendon, Clear his Way, by fending to the Houfe of Peers, a Bill touching Vol. i. 502. £ ^ e m jij c j a ( w hich they were fo Zealous to obtain) by which he granted the Power for one Year, to the Perfons Nominated in the Parliament's firft Ordinance, fubje&ing the Execution of their Trujl, to the Authority of the King, and the Two Houfes, Jointly, whilffc his Majefty was in England 5 and in his Abfence, then in the Two Houfes only. The Parliament Altered this Bill, by Enlarging the Time to Two Years, Changing fome of the Commiffioners Names, and Confining their Power to Rebellion, Infurrection, and Foreign Invafion, and by fubjecting their Authority to the King's Plea- fure, fignified by the Two Houfes of Parliament. ibid. 50;, The King pofitively refufed to Pafs this Bill/? Altered 3 and 42 ' Argued, That the Alterations had given to Subjects, an Abfo- lute Power, and that his Majefty was not only Excluded from any Power, but abfolutely Diverted of his Regal Power: That ibid. 4*9, k tended to take away the Freedom of his Vote : That their 4P " aOTumed Power of Declaring what was the Law, touching the Militia, without Contradiction, was to make a new Law, with- out the Royal Aflent, which was, in their Turn, to Introduce an ^tMtatp Way of Government. ibid. 490. The King was pleafed now to Invert the Argument, by In- filling on Mr. c Pym's Reafoning, Published by the Parliament, viz. The 1UW13 is that which puts a Difference betwixt Good and Evil, betwixt Jufl and (Jnjuft 3 If you take away the 3& a. Apr. i<»42. The next Occurrence which happened, was the King's going to Hull, with a Defign to furprize and take PolTeffion of that Town, and of the Magazine in it, and Sir John Hothams iliutting the Gates againft the King, and refilling, upon his Majefty's pofitive verbal Commands, to open them : Upon which arofe thefe Queftions : Whether CONSTITUTION. 517 Whether the Town, Fort, and Magazine, were the King's in Propriety, to difpofe thereof at his Pleafure, or were veiled in him in Truft, or as a Truftee for the Kingdom ? and whether Sir John Hotbam's Actions, being authorized by the two Houfes, amounted to High Treafon or not? The King, about the Time of the Queen's Departure for Clarendon, Holland, and in Concert with her and her private Counfellors, VoL l ' ]f^ fent the Earl of Ncwcaftle to Hull, with a 'Private CommiJJion, tfSl - to be Governor thereof, and to continue there Incognito, until it mould be fit to publifli that Command, and, in the mean time, by his own Intereft, to draw in fuch of the Country as would make a neceflary Guard to the great Magazine there, to the Intent his Majefty might have one Harbour to refort to in his Kingdom : The Earl, who was looked upon to be one Ibi <*- **f- of the moft Valuable Men in the Kingdom, in his Fortune, in his Dependants, and in his Qualifications, entred the Town in 'Difguife, and in another Name $ but within three Days, the Peers, having private Notice of that Intrigue, fent for him to attend the Service of that Houfe. The Noble Hiftorian mentions fome Facts of fecret Hiftory Ibid. 5 c ment Argued, That if the Letter of the Statute of Treaions, Vo '- *• 2 - tf » did demonftrate the Senfe of the Makers, then the Statute had 502' jc, 4 ' Declared and Inftituted Two diftinct. Species of Treafon : I. That it is Treafon to Compafs, or Imagine, the Tieath of the King, which fe cured his Perfon in his natural Capacity , as a Man. II. That it is Treafon' to Levy War againft the King. This Species (as they Argued) Refpecled the King's 'Political Capacity, as he was Inverted with the Government, not as he was a Man, but as he was a Man that was a King, Intruded with the Government. They urged, That if the latter Claule of Levying War, had meant only againft the King's Perfon, then that latter Claufe \was ufelefs, becaufe the former Branch of Comparing the King's Death, had neceiTarily Implied this, of Levying War : They therefore Inferred, That the Levying War againft the Regal Au- thority, and the Laws of the Kingdom, was, That Levying of War againft the King, which the Statute intended, and that the Statute did not intend any Levying of War againft the King's Perfon. The Parliament urged, That, at this Time, there were many Plots and Tiefigns of Force, againft the Parliament and Kingdom : That there were Invafions, by great Forces from Abroad, intended to begin at Hull, which were to Seize the great Magazine there : And, therefore, in Regard to the great Diftance, and Alienation of his Majefty's Affections from his Parliament (and in them, from his Kingdom, which they Re- prefented) They, in this Time of Danger, of which They, only, were the proper 'Judges, had Commanded Sir 'John Hotham to fecure the Town and Magazine of Hull, for the Service of his Majefty, and the Kingdom, and Juftified him for Obeying, and Executing, their Orders. Qcjqqcjq SECT. 522 The B R I T A N N I C SECT. XCII. XII. SDCtUltCS about the Intentions of Either 'Party, to make War on the other ; and whether the W&fiX to be made by, or on the 'Part of the King, againji the Parliament 5 or by the Par' hament, againji the King, were Offenfive, or Defenfive. As to the Intentions of either Party, to make War on the other, this was the Niceft Part to be managed in the whole Controverfy. a D'Orleans, Tf Orleans writes pofitively, That War was Refolded on, in the King's Cabinet Council at Windfor 5 and that the Queen, on her Part, Jhould Negotiate in Holland for Foreign Forces j and the King, on his Part, JJooidd Retire to York, make Le- vies, Seize the Magazine at Hull, and Temporize with the Parliament, until thefe firft Attempts Jhould be Ripened and AccompliJJoed 5 as before is mentioned. If this Refolution be admitted to be true, then it is obvious, That the Cauje of the War, was the 5)tttttt(Ui0n of the Scots Invafion, and the End of it, the Punifhment of the Inciters, and the Refcinding of the Acts of Reformation, PafTed in this Parliament. Clarendon, The Negotiations of the Pope's Nuncio, with the Kings of Vol. 1. 445, p rance and Spain, to furnifh 4000 Men each, to Affift the King, put the Parliament into terrible Apprehenfions : To Sanacrf.^- which was added, The King's Treaty with 'Denmark, for Fo- reign Forces, becaufe that was Unqueftionable 3 for his Majefty demanded of that King, 6000 Muskets, 1500 Horfe-Arms, 20 Pieces of Artillery, and as many Horfemen, as would agree with the Tianijlo Affairs, directing them to be Landed at New- cajlle, or the Holy IJland, defcribing the laft Place to be the apteft Harbour in England, having an excellent Road, in, and out, and a Strong Fort under the King's Command. clarendon, Rut the King's Lifting, into a Troop of Horfc, fome Gen- Voi.i. 554- t ] emen at; York, of the Trained Bands (being 600 Horfemen) which were called his Guards, cauled a Rumour, of his Railing Forces to make War upon the Parliament ; for fuch a Body of Men might, by an Expeditious March, eafily have Entered the Houfe of Commons, and Difperfed the Unarmed Parliament : The CONSTITUTION. 523 The Parliament therefore looked on that Proceeding, as a Clear Evidence of his Majefty's Intentions to make War upon them. The two Houfes thereupon voted, That the King intended clarendon, to make (HMt againft the Parliament 5 and that whenfoever VoU ' 5S+ * the King fhould make fuch War, It would be a Breach of the Trujl repofed in him, by his People, contrary to his Oath, and tending to the Diflolution of his Government 3 and that who- foever fhould Serve or Afjifi him in fuch his Wars, fliould be Accounted Traytors, by the Fundamental Laws of the Land, and that the fame had been fo adjudged by two Acts of Parlia- ment 1 1 R. II. and 1 H. IV. and that they ought to fuffer as Traytors. But the Parliament, neverthelefs, petitioned his Majefty to vol. 1. 53 j. 'Disband thofe new-rais'd Forces, and to defift from any further Defigns of that Nature, otherwife they fliould hold them- felves bound, in regard to the Trujl repofed in them, by the People, and by the Fundamental Conftitution, to imploy their Care to 2£>CtcnD the Parliament, and preferve the. publick Peace. The Parliament fent to the King at Beverley, a Petition Repre- Vol. 1. ^4. fenting, That although his Majefty continued to raife Forces 1 5 ^ ulyi6 ^ z ' againft them, and to make great Preparations for SEUiJt, both in England, and from beyond the Seas, and intended by Arms to over-rule the Judgment and Advice of his great Council, and by Force to determine the Queftions concerning the Go- vernment, and Liberty of the Kingdom then Depending, yet to prevent a Civil War, they befeeched his Majefty, to forbear all Preparations of War, and to iftcttini to his Parliament, pro- mifing to prevent all Tumults, with which he had been Dii- pleafed. The Parliament Argued, That it was an Evidence of their Vol. 1. 57 s. Moderation ; that the Precedents which their Anceftors had acted, and put in Practice (meaning, to prefcribe to his Majefty a Time of 40 Days to Return to his Parliament, or elfe to make a Diipofition of the Government, as had been figntfied by the Parliament, to King Richard II.) never Entred into their, Thoughts. The Mj The BRITANNIC ■ Clarendon, The King, on his Pare, in his Anfwer to the Parliament's Vol. I. 44'- p et i c i on Delivered at Theobald's, Declared, upon his Honour, That he had no Thought but of 'Peace. Ibid. 5T2. The King, in his Anfwer to the Parliament's Declarations and Votes, concerning Hull, was pleafed to Declare, That it was not in the 'Power of any Perfons to incline htm to take up Arms againft his Parliament , or to embroil the Kingdom in Civil Wars 3 That his Heart did Bleed, at the Apprehenfions of a Civil War 3 and that if, in Oppofition to his good bDeJigns, a Civil Warfljould arife, God, and his own Conference told him, That of the Blood and Deftruction, that mud follow, he was clear. ibid. 554. The King took much Pains at York, in June 1642. to pub- 557', 558'. lifh, That he would not engage any of the Lords, or others, in any War againft the Parliament, Except it were for his necef- fary Defence and Safety againft fuch, as did invade or attempt againft his Majefty. ibid. tt)0jt)S, the Blood and Deflrufiion that fiould Enfue y muft be wholly Cajt upon their Account ; for God, and their own Conferences, told them, They were Clear; and added, That they would Perjiji in that UDffCUCC, although they JhouU Perifh in the Work. The CONSTITUTION. 529 The Parliament Declared, That the Arms which they had Chrcndon, been forced to take up, for the Prefervation of themfehes, tf^voUi.Y^.' of the Liberties of England, Jhoidd never be laid down, until the King Jloould Leave Delinquents (meaning the Popifh Coun- fellors) to the Juftice of Parliament , doc. But the greateft Invective, or Blemifh, which the Parliament Endeavoured to fix on the King, was in Point of his Sincerity ; to wit, That his Majefty had a 2DtffnclUl&tt0tt to the Laws of the Land, and efpecially, that he had Confented to all the Ex- cellent Laws Palled in this Parliament, VOitl) g2Cftt&rlU(t&ilC?,Vo!.i- &f- and meant to Avoid them, Or, at lead, to 3Dcp&?t from them, and to Exercile that Arbitrary Power, which thofe Laws had Abolifhed, and Declared Illegal : The T)iJ advantage therefore, which his Majefty fuffered by that Imputation, was Incredible 5 for no Rational Man who believed it, would AfTift him to Effect it 5 and, therefore, ilnce this Clamour affected his Majefty in the tCllDftCft $btitt, the King took more Pains to beat down this Afperjion, than any other 5 and yet, at the fame Time, Retained his Animofity againft the Grand Invitation, and. the Inviters-j which may be plainly enough Collected, from what my Lord Clarendon hath Tranfmitted 5 for he In- forms us, That he had Caufe to believe, that Arguments were ibid. 45 o. made Ufe of by fonie in Power about the King, to Induce his Majejly to Pafs the Bill, for Taking away the Bifhops Votes in Parliament, and other Acls of no lefs Moment, upon a Pre- tence, That there was ^JiOiCUCC tlttt) 5WC vfid in obtaining them, and that they were, for that Reafon, in themfehes In- valid 3 and that in quieter Times, thofe Atfs of Parliament might, on thofe Foundations, be Revoked and Tiifanntdled. If, therefore, the Noble Hiftorian had Caufe to Believe thefe fecret Negotiations, who, at this Day, can have Caufe to 'Disbelieve them ? sect. xcv. XIV- SDfcbtltCS about Religion, fo far as concerned the King's Children. It is plain, the Active Members, with great Sagacity, fore- faw the Danger which would necefTarily Accrew to the Prote- Sfffff ftant 53° The B R I T J N N I C ftant Religion, from fuch of the Royal Family, as mould be perverted to Popery. The Parliament therefore Petitioned the Clarendon, King, at Theobalds, That he would Continue the 'Prince of \ oi. 1. 4-p- Wales, in fome of his Majeflys Houfes, in, or near, London, that the 'jbejigns of the Enemies of the Protejlant Religion, wight be prevented 5 And they made it One of the famous ibid. 5.37. Nineteen Propofitions, That no Marriage of any of the King's Children, fhould be Treated of or Concluded, with any Fo- reign '■Prince, or other Perfon, without the Confent of Par- liament. ibid. 441. The King, on his Part, promifed, That he would take that Care of the Prince, and his other Children, which Jloould lafiify him to God, as a Father, and to his ^Dominions, as a King. But the Nation was ( notwithstanding the King's Promife ) Difappointed in all the King's Children 5 for every one of them (except Mary Princefs of Orange) were, by the Queen-Mother, perverted to the Romifo Religion, and married to Papifts, where- by the Proteftant Religion was very much weakened, and had been, by this Kings Son, King James II. Extirpated, if that only Branch of the Royal Family, which Sprung from that one of the King's Children, who married a Proteftant ( William Prince of Orange ) had not been Qualified to be Captain of the Proteftants, and Enabled, by the Divine Providence, to Refcue this Nation from under Arbitrary Power, and a Popifh Government. 3HpOU tljfS ^t ftD, thefe Obfervations occur, viz. I. That Protejlancy was fo deeply Planted, that Popery was become an Abomination. II. That the §ueen-Mother , when Jhe Endeavoured to Per- vert her Children to the Romifh Religion, Atted a Part of the moji Unkind Nature. 1. Becaufe their Embracing that Religion, would Incapa- citate them ever to be Reftored to the Crown, or to Enjoy it with any §uietnefs. And, 2. Becaufe, CONSTITUTION. sv i. Becaufe, if their Romiffi Religion were Concealed, they mujl necejfarily Aff a moji Diflembling 'Part towards God and Man, and Live in Continual Fear of a %)ifcovery of that Diffi- mulation. sect. xcvi. XV. SDCbateS Containing Applications to, and Arguments with, Foreign States, for and againji Affiftance to be obtained of them. The Arguments which the King and Queen made Ufe of, in Sollicking Foreign Potentates for Affiftance, to maintain their Meafures 5 and alfo the Counter-SoI/icitations which the Parlia- ment made with thofe 'Potentates, to crofs and prevent the coming of that Foreign Affiftance, will illuftrate all that has been before written. The King's Arguments, doubtlefs, Reprefented the Parlia- ment as a Combination of rebellious, feditious, and unreafon- able Men, whofe Principles were equally deftru&ive to all Go- vernments ; and that therefore all Potentates were equally con- cerned with his Majefty, in fuppreffing and punifhing fuch a Sort of turbulent Subjects ; and for that Reafon, the King was, in fome Sort, intitled to Demand, and have their Affiftance. The ^atitanmtf, on the other Side, Reprefented to thofe Potentates, and particularly to the States of Holland ; That they contended for nothing, but to have and enjoy the Benefit of the Antient and Fundamental Laws of the Kingdom, which had been all violated, by his Majefty 's Aftiiming a Power to govern contrary to them, by his Arbitrary Will and Pleafure, and by his endeavouring to make himfelf an Abfolute Lord, and his Subjects flavifli Vaffals. That they Aded purely on the Defensive Part, and had continually invited the King to jKftUttt to his Parliament, Offering to be Obedient, according to the Law of the Land j but that his Majefty obftinately ftood out againft all Accom- modations. The ^2 The BRITANNIC Clarendon, The Noble Hiftorian informs us, That fome of the Par- Voi. II. j,&. ii ament ' s Arguments with the States of Holland ', were urged after this Manner : ibid. 90. They Reminded the States of the great Help they had re- ceived from this Nation when they lay under Oppreffion 3 and therefore, the Parliament could not think the States would be forward in helping to make them Slaves, who had affifted to make them Freemen, or would forget that the Troubles and Dangers of the Dutch, had Iflhed from the fame Fountain, viz. Arbitrary 'Tower. That the Queftion was not, Whether the Kingjhould enjoy his Legal 'Power and Prerogatives ? but, Whether his Prero- gatives and Power JImdd be employed to their 'Defence or to their Ruin ? That it was Evident it would be more for the King's Honour and Greatnefs, to join and concur with the Par- liament, than in the Courfe he was then in. And as an unde- niable Evidence of the Truth of thefe Arguments, The Parliament produced and (hewed to the Foreign Poten- tates, the Preambles of the feveral Acts parted in this Parlia- ment, to which the King had given the Royal AlTent 5 by which it did appear, That the feveral Instances of his Mifgovern- ment did thereby ftand not only acknowledged, but by himfelf condemned, Thefe Arguments, and this Evidence, fo far prevailed on the Foreign Potentates, and efpecially with the Court of Denmark, that his Majefty was forced to fend a Memorial to that King, whereby he Apologized for making the COHCCfflOUS the Par- liament had infilled on 5 as may be feen in Sander fon, p. 692, 603. In fhort, all the Foreign Potentates either denied or failed to fend the King any Afliftance, objecting, That his Majefty needed none- y for he had in his own Hands Means to relieve himfelf, viz. To Return to his Parliament, and Conform his Government to the Laws of his Kingdom. SECT. CONSTITUTION. 533 SECT. XCVII. To all that hath been Written, it may be added, That the Parliament at firft, Behaved Modeflly, Endeavouring to furnifti the King with Materials to Load all the Blame of Male-Admini- fixations, upon his Minifters, and to fubmit to his Majefty as a King Mif-advifed, provided his Majefty would difcover and leave the Evil Councilors to the Juftice of Parliament 5 and that for this End, they continually petitioned his Majefty, to obtain from him that Difcovery 5 and, particularly, they often reprefented to his Majefty, the Maxim of Law which fays, The King can do no Wrong 5 and that, therefore, at the fame Time, when his Majefty, as a King, ought to be exempted Clarendon, from Blame, and from being charged with Wrong, his Minifters ° ' ' ]\ 5 9 [ and Advifers ought to be Queftioned and Cenfured $ and that Vol. 1. 54 8, the Minifters Crimes were greatly aggravated, when they endea- voured to fix their Difhonour upon the King, by making his Majefty the Author of thofe Evil Actions, which were the Effects of their own Evil Counfels : But it is hard to be Ac- counted for, why the King, in Anfwer to thefe kind Repre- fentations, was pleafed to write a Letter to Lord Clarendon {Clarendon Vol. I. 435.) directing him to lay the fame before the Parliament, whereby his Majefty was pleafed to fay, That the Articles of Impeachment , which had been prefered againfi the Jive Member s, were by himfelf T>elhered to his Attorney' General engrojfed in Taper 5 and that he had then commanded him to Accufe thofe Perfons, upon thofe Articles of High-Trea- fon, and other Mifdemeanors 5 and, that his faiA Attorney did not advife and contrive the faid Articles, nor had any Thing to do with, or in advifing any Breach of 'Privilege that followed after 5 and for what he did in Obedience to his Commands, he conceived he was bound by Oath, and the Duty of his Place y and by the Trujl repofed in him, by his Majefly, fo to do; and that if he had refufed to obey his Majefly therein, his Majefly would have Queftioned him for Breach of Oath, T)uty, and Trujl 5 but having Declared that he found Caufe wholely to defift from proceeding againfl the Perfons accufed, he had com" manded him to proceed no further therein, nor to produce, nor difcover any Proof concerning the fame. Tttttt The 534. The BRITANNIC clarendon, The King was alio pleafed, in his Anlwer to the Paliament's Vol. I. «*. £) ec i arat j on f t h e l0 th of May 1641. to aflert, That the 'Parliament had found out a new 'Device, injlead of Anfwerino- his Reafons, or Satisfying his jufl Demands, to 2i5i(ift his De- clarations and Anfwers, as if they were not his own, calling that Device a bold and fenfelefs Imputation. So that, after this AiTuming upon himfelf, all the Facts, which made the Differences, there was no Room left, for Dividing the King's Politick Capacity, from the Counfels of his Mi- nifies. It is alfo Obfervable, That the King fpared no Pains to diflinguifh between the Actions of the 'jittHttllg anc ^ Bufy Members, whom he refolved to Ruin or be Ruined, and the Actions of the Parliament, often Declaring, in his Invectives or Menaces, That his Majefty did not mean or intend the Par- liament 5 and, particularly, in his Second MefTage from Not- Vol. II. ii, tingham, the King Afferted, That he never did Declare both 301! the Houfes of Parliament Traytors, nor did fet up his Standard as againji his Parliament 3 but his Majefty was unfuccefsful, in Regard it was as Feazible to divide the Body from the Soul, as to make that Diflinction ; for the Parliament Avowed all their own Actions, as done by the whole Parliament, as pofltively as the King had thofe of his Miniflers. It merits an Enquiry, why there is found, in Lord Claren- dons Hiflory, thefe two Relations, Firfl, That the King always Difclaimed the Tonnage and Poundage, otherwife than by the Donation, or as a Free Gift of the People 5 And next, That Ibid. 18. the Gentry and Inhabitants of Shropfhire, looked upon the King's Protejlations at the Head of his little Army near Wellington, that he would obferve Inviolably the Laws which he had Con- ferred to, in this Parliament, as a more ample Security for their Enjoying the Benefits of thofe Atfs, than the Ro\ al Affent he had before given thereto ; fince the Stories of thefe two Facts are unworthy of the Noble Hiflorian, in regard the former is not true in Fact, and the latter is fo mean and infipid, as to be far from coming from the Pen of that exalted Genius, without fixing an Imputation upon Shropfoire Men, as if they were a People of much Zeal and little Knowledge. SECT. CONSTITUTION. w.^ SECT. XCVIII. THE Arguments on both Sides, being Clofed, It is material to Reprefent, what was the Refult of thoie Reafonings, in Re- lation to the People's Sentiments, on both Sides. %ljO[C on whom the King's Reprefentations prevailed, were generally his Subjects in the furtheft Parts of the Nation • in Wales , Cornwall, Cumberland, Sec. who were the leaf! Seniible, Sanderf. 544 . and had been the leaft Afflicted, with the late PreiTures and Suf- ferings, under the King's Exercife of Arbitrary Power, after the 'Departing from the known Laws 5 for the Men of thoie Parts firfr. Compofed, and after Recruited, from Time to Time, the King's Armies : Their Notions were Cftentous and Pompous, to Maintain ( as they Apprehended ) the Prerogatives, and the So- vereignty, and Powers of their King, or fupreme Governor. 3Cl)0CC on whom the Parliament's Reprefentations prevailed, were generally the People of the Midland Counties, and the Traders in the Southern Parts of the Kingdom, who had fmarted moll by the Arbitrary Acts of Power, whenever Time offers the Means. The Notions, therefore, of thefe Aien, were Refolute and Vigorous, to Defend and Affert the Privileges and Rights of their Reprelentatives in Parliament 5 and in them, their own Hereditary Privileges : They plainly enough Collected from the King's own Declarations and Anfwers, Rules Strong enough to Condemn all his Proceedings, in Oppontion to, and without Parliaments. This 53^ rhe BRITANNIC This Paper War, or Military Debates, being thus finifhed, it is not Clear, what were thofe fpecial or particular Grounds, upon, or for which, the Hoftilities Commenced and Proceeded to fuch Degrees of Animofity, and Univerfal Fightings and Bloodfhed, as never before, in fo fhort a Time, appeared in Great Britain. sect. xcix. 9Jt tfii jfO^Ctgtt tO this Undertaking, to write the Hiftory of the War, and yet the Reprefentations before Stated, without a fhort Repertory of the various Efforts and Succefles, after fuch uncommon Preparations in the Theory , as had been before made, would appear Defective. D'Orkans. it may, with great Truth, be aflerted, That never was any War, before this, carried on with greater Hafle to Overcome, or he Vanquifhed $ for, like young Warriors, each Side, where-ever they met, Attacked the other, as if each Engagement was to be the laft, without waiting for the Events of Lingring Encamp- ments 3 and yet, neverthelefs, the Paper War continued, con- current with the Fighting 5 for both Sides found it neceiTary to Appeal continually to the People, by fhewing them, not only the Reafonablenefs of their Proceedings, but their Inclinations to Peace and Tranquillity 3 and for this End, the Parliament Sanderfon. (together with their Instructions) Depofited in the Hands of their General (the Earl of Ejfex) their laft Petition to be prefented to the Kino-, before any Blow fhould be adventured on : In which, they Epitomiz'd, what had been done, and what was now a doino-, to Grieve them, and remonftrated to his Majefty, their own Difficulties 3 they prayed what they defired to be done on the Kind's Part, and promifed what they would do on theirs, in order to prevent a War, after this fhort manner, viz. That the 'Party prevailing with his Majejly (meaning the Queen, the Nuncio, and the Romi/h Priefts) had attempted to Alter the Antient Government, and to Introduce Popery in the Church, and Tyranny in the State. That CONSTITUTION. 537 That this 'Party Bad long Corrupted the Kings Connfeh, Aba fed his '■Power, and, by untimely Dijfolving Parliaments, had often hindred the Re dr effing of thofe Mifhiefs. That this Party being noec. Winchester. 20 Dec. Chkhejler, 20 5^i#. £,eeJs and ( Donca(ier. 2 1 March , Malmsbury; SECT. ci. Clarendon, AT this Period, in the End of the Year 1642. and before Vol.1. 310. t j ie 5 cene f t he Year 1643. was °p ene ^j K ls Material to relate the Parliaments new Application to, and Sollicltation of the Scots, to make a fecond Invafion of England, and come to their Refcue and Afliftance. For which End, the Inciters, finding that the firft Battle at Edge-HiII> had difcovered, That the Force or Power on either Side, was too near an Equality 5 and that the Major Part of both Houfes, which the Noble Hiftorian calls half-hearted and half- c wittedy were paffionately bent to make Overtures of Peace, the Inciters therefore, by a fagacious Forefight, and in Order to recover the Spirits of the Fearful, made in the Houfe a Motion, which, at firfl View, feemed unpopular to both Na- tions 3 viz. to fend an Exprefs to Scotland, to follicite and conjure that People to come to their Affiftance , which was an Overture Difagreeable in England, when it was remembred, what the Northern Parts had paid for Contributions. But above all, the People might infer from ir, an abfolute Diffidence in their own Strength, and in Scotland it would be Accounted an Acknowledgement, that the People of England ftood not fo well affected to their own Freedom and Liberties as the Inciters and Managers had perfuaded. Vol.1, ci. But to obviate and prevent the ill Effect of fuch Specula- tions, the politic Inciters Reprefented to the Engli/lj, that they ought to endeavour fo to make Peace, that they might not be Difappointed of it, and that therefore if they fhould make fuch an Application for Peace, as might imply the giving over the Thoughts of War, they muft expect: fuch a Peace, as the Mercy of thofe who were as immeafurably provoked (as they were Revengeful) would Impole or confent to 5 and that therefore the Pro- CONSTITUTION. 54 Propofition of fending that MefTage to Scotland, was as reaion- able as feafonable, and that there could be no Method to pro- cure a good Peace, but by a Treaty 5 in which Proportions are ufually made by both Sides, which at firfr, are never intended to be their Ultimates, it being the Courfe in all fuch Affairs to to ask more than was expected, to the Intent to have Room in fome Parts to recede. And to the Scots, thofe Difcerning Managers reprefented, That Clarendon, the Matters in Difpute between the King and the Englijh Par H " 3 liament, was a joint Concernment 3 That the Fate of Scotland was involved in what mould befall the Parliament of England, and that it was impoffible for the Scots (if they flood Specta-VoU. 3-9 tors) long to enjoy the great Conceflions they had obtained 3 becaufe when the Parliament of England, by whofe Friendfhip, Power, and Authority, they had obtained thofe ConceJJions, ihould, by the King's Army, -be oppreffed, and forced to yield to luch Conditions as mould be prefcribed, the King would employ the fame Army to enable him to Refcind his ConceJJions in Scotland, and to Revenge thofe Indignities, which the Minifters would eafily perfuade his Majefly, he had fuffered, from his Native Kingdom. Thefe Arguments prevailed in both Nations, as will be feen in the Sequel. However, the Parliament were, by the then Conjuncture, obliged to fend, and they did fend Propofitions, confiding of 1 4 Articles of Peace, as they called them, to the King at Ox- ford, in February 164.1. whereby they refuelled his Majefly to 'Disband his Armies, Return to the Parliament, Leave Delin- quents to the Juftice of Parliament 5 to Difarm the Papifls and (amongfl fome extravagant Things) to give the Royal Sandcrf 599. AfTent to divers Bills therein mentioned 5 for which, when the clarendon, Inviting Managers were blamed, they anfwered as before, < That Yorchefler, Weymouth, and 'Portland. 2 Sept. BarnJiapJe and Bidde- ford. 6 Offob. Dartmouth. Arundel Caflle, in Suffex. Beejlon Caflle, in Cheflnre. haply Houfe, in Stajfordfhire. Grafton Houfe, in North amp- tonflnre>. Crew Houfe, in Che/hire. — Febr. Weymouth, in Tievon- finre, Taken. VICTORIES for the Parliaments * 643 . 27 May, At Wakefield. 20 Sept. At Newberry, where the King's Army Attacked Ejfex, in his March back, after his Railing the Siege of Gloucefler, but were worded, and the Earls of Sunderland and Carnarvon, and Lord Falkland, on the King's Side, killed ; and Ejfex, without much Lofs, Effected and Continued his March to London. 1 1 Oftob. At Winfley, or Horn- Cafile, in Lincolnfhire. 25 Jan. At Selby, near Tork, where Sir Thomas Fairfax totally Routed Collonel Bel- lafis, Taking him, and ma- ny of his Officers, Prifoners, with all his Cannon. • — Jan. At Namptwich, where Sir Thomas Fairfax totally Routed Lord Byron, Raifed the Siege, and utterly Broke and Difperfed all the Irifij Forces lately Arrived at Che- fler, from T>ublin ; 1500 Men, befides all the Chief Officers, being made Prifon- ers, and all their Cannon and Baggage Taken. GARRI- $4-4- tat^3Jmpotto?s. Clarendon, The Declaration warns the People, not to be taught by thefe Vol. .305. g e j ucers ^ i^at t heir Safety confided mDefpair 3 or, That they could fecure themfelves, by perfevering in Difobedience. And Declares, That whofoever would Redeem their pap Crimes, by Apprehending, Oppojing, and Reducing, thofe who fliould continue to Bear Arms againjt his Majejly, fiould have Caufe to magnify his Mercy. This Declaration, although it was raoft Artfully Laboured and Couched in fuch general Terms, as no Man could conclude any thing in particular, yet the Profpect of the King's Growing Power, turned Mens Thoughts to thofe Parts only, that were Merciful 3 and it fo far prevailed, that upon long Debates, a ibid. 318. confiderable Majority in both Houfes, Voted Propofitions of Peace, to be prepared, and fent to Oxford, and the Lords ac- cordingly prepared the Propofitions. The Inviting Members were never fo f^tt^lCD as now, ibid. 319. how to manage, fo, that a Treaty, in thefe their Low and 'Dif- mal Circumftances, might be Evaded 3 and Lord Clarendon relates fully, how it was Evaded^ In fhort, the Spirit of the Queen, and of her Popifli Party, fignified in- this Declaration, fhone out in its Brightnefs : And therefore, inftead of inclining to Peace, it proved an Incentive to War 3 for thofe provoking Afperfions, by which the Inviters or Active Members in both Houfes were Wounded, by Calling them Seducers, Odious Rebels, Murderers, State-Impojlors, and the Parliament it fdf Denied to be a Parliament, or, which is CONSTITUTION. 549 is all one, to be no free Parliament 5 pofifefTed the whole Par- liament with Fear and Fury. The Preachers were no lefs galled and fired, and they, from their Pulpits, in a Manner as fiery and violent, as was the Declaration, returned the Re- proaches, and incenfed the People with Alarms of Ruin, Military Plunders, and Bloodfhed, and publifhed, that 20000 jffrUl) 1&0- UflS were already landed, to cut Throats, and Majfacre 5 and thefe Efforts inverted the very End of the Declaration (if it meant Peace) for the King by it, XctTificD even thofe and Thofe only, who had Power to hurt him, and plainly enoi.gh told them, they were not to expect Safety, unlefs they were able, firft to difable him to repay them with Revenge j for the Vengeance here denounced, was more furious than his firffc Declaration of War, and could mean nothing lefs, than a Sum- mons to furrender at Difcretion: The 'Terror therefore (when nothing elfe could have done it) Enabled the Parliament to Mujler fuch an Army, as Rcfcued out of the King's Hands their Beloved City Gloucefter, although that Siege was compofed of the King's united Forces 5 and mewed plainly, that his Ma- jefty was not to treat them otherwife than as Men having in their Hands, Arms and Power, which muft be overcome, before they were prefcribed to. Whereas if thofe Invectives and Menaces had been omitted, and proper Lenitives to particular Men, had been inferted and applied 5 a Treaty, at this Time, muft neceflarily have been Embraced, and probably had ended in a good Agreement 5 for no Conjuncture ever afforded the King, fuch an advantageous and powerful Opportunity. sect. civ. ON the King's Side, the Prolpect of Prevailing, was fo Clarendon, apparent, that five Lords (to wit) the Earls of Bedford, Hoi' o1, ' r * 6 ' land and Clare, and the Lords Conway and Lovelace, like Doves from the Ark, Deferted the Parliament, and haftened to make their Peace with the King at Oxford 5 But in regard fome of thefe Lords were primary Inviters and Solicitors of the Scots Invafion, and the reft Approvers of it, the Queen's Influence caufed it to be Debated in Council, U^hether they fjjould be Received, and how Received j and, however, pre- vented a kind Reception : Thefe Debates, and that Coldnefs, convinced 54 B The BRITANNIC convinced thofe Lords of their 03ifttlUC, and put them upon rinding Means to return (as they did) into the Parliament Quarters 5 but this Ufage at Oxford, was fuch an Evidence of the Queen's Power, and Averfion to recede from the vindictive Refolutions, as made the. King looked upon as Implacable, and made many others, who intended to follow thefe Lords Exam- ple, lay afide their Inclinations. The King at this Time, that is, before the Siege of Glou» cefler, was for joining the main Strength of his Forces, and for Marching with two Armies directly for London, which, if he had done, he might have prefcribed Laws to that City, and confecjiiently to the Parliament 5 but his Council were of ano- ther Mind, and advifed the Siege of Gloucefler, and fo made him commit the fame Error, the Earl of Effex had been juft before accufed of, for Befieging Reading, when he mould have D'Orkans, Marched directly to Oxford : The Jefuit 1? Orleans writes, p * 61 ' That many of thofe, 'who were neat eft about the King, were tender of the Parliament, adding, That that Marnier of 'Pro- ceeding is very Agreeable to the Englifh Nation, which looks upon that Aflfembly, as the Preferver of a Liberty thofe People pay an JUOlatrQUS ifcharged, and put in utter Oblivion, except as therein. And in other A&s paffed about that Time, was mentioned and provided, whereby the ^fttiUtatiOlt of the Scots Invafion, ftands Cleared and Juftified, and the Military Gentlemen only, and their Adherents, were Queftioned, and Treated, and Pu- nifhed as Traytors ; and yet even thefe Military Mens Treafons were Confined and Retrained to what they immediately acled upon, and againfl: the King's Perfon, in Relation to his Impri- fonment, and the Taking away his Life, after his Forces were Subdued and Vancjuifhed. O d d d d d d SECT. / \66 The BRITANNIC SECT. CXV. FROM thefe Proceedings, it is Apparent, That there was, at the Reftoration, more Care taken of the Conftitution, than is commonly Apprehended 5 for by the Act of Oblivion, it ftands by the Royal AlTent of King Charles II. Proved and De- clared upon Record to all the World, That thofe of the Royal Party, who, by Authority Derived from King Charles I. fought againfl the Parliament and their Forces, were as much guilty, or high Crimes, and flood in as much Need of Pardon, as thofe of the Parliament Party, who, by Authority Derived from the two Eftates of Lords and Commons, fought in De- fence, of what they called, the Fundamental Form of this Go- vernment, and their Hereditary Privileges and Liberties againft the King's Forces. And yet if People, who being Children at the Reftoration, or born afterwards, are to form their Judgments, from the bit- ter Invectives in Sermons and Pamphlets, they muft conclude, That the Parliament Party were the blackeft of Rebels, and worft of Enemies, and the Royal Party the Brighten 1 Patriots, and beft of Friends, to the Conftitution, and to the Laws and Hereditary Freedom and Privileges of Britain 5 than which nothing can be more Erroneous, if what is before written be True. The Scheme therefore, which was the Bafts of the Reftora- tion, Demon ftrates, how Injurious fomebody has been, in affix- ing to the Lord Clarendons Hiftory of thefe Affairs, the Title of The Grand Rebellion, and in Dating the Commencement of it, to be in the Year 1641. For that, in fo doing, are violated the very Condition and Seals of the Reftoration ; becaufe his Mafter, for a Valuable Con fide ration, viz. for his Reftitution to the Regal Dignity and Government, had folemnly contracted and engaged, That the two Eftates of Lords and Commons, or thofe who acted by their Orders, or their Families (except as before) fhould never be Endamaged or Prejudiced in their Re- putation, by any Reproach or Term of Diftinction j without which Stipulation, King Charles II. had not been Reftored, nor the Hiftorian fo greatly Advanced, Enriched and Dignified 5 and therefore it may, with great Juftice, be Repeated, That this Hiftorian CONSTITUTION. 07 Hiftonan (who knew all this) if ir was really him that: Affixed that Title, was Injurious, or, at leaft, Inconiillent with himfelf ; For the Oxford Preface to his Hiftory, Afterts, with great Truth, That his Lordflip, at the Rejloration, in the Tear 1660. had the Happinefs to have the greateji Share in ''Preferring the Con- stitution, and the Original Form of this Government, Entire, when the prefe?it Temper of that new Parliament was but too ready to have gone into any Manner of Undue (i. e. Slavifh) Compliances 3 But above all, That his Lordffip had the Hap- pinefs to have the greatep Share in Compofing and 'Perfecting the Att of Oblivion and Indemnity ; which had placed the Kings Officers and his Forces, in point of Offences againfi the Conflitution, on an equal Foot with the Parliament Officers and their Forces $ and, doubtlefs, this AfTertion is equally true with the other undoubted Britifli Alfertions in that venerable Preface before Remembred. And that which adds to the Glory of this Great Man, is, That after his Removal, we fhall fee in the two next Reigns, the Deforming Principles of Arbitrary Power -, as foon as they Recovered Warmth, not only Corroding the Vitals, but Labour- ing to cut up the Roots of this Constitution. BREACHES $68 The BRITANNIC BREACHES I N T H E REIGN O F KING CHARLES II. C H A P. X. SECT. I. N the Reign of this King, the Breaches of the Conftitution were not Inferior, or lefs Dangerous, than thofe of any of his Pre- deceflors j but his Felicity in making them, was fuperior to any that ever went before him ; for he fo prevailed at laft, that his Majefty Triumphed, and the People Re- joiced ; the one in fancying himfelf Ab- folute, and the other, in believing their Abfolute Mailer was pleafed, although that Pleafure of the People, was built upon their own.Infccurity. The CONSTITUTION. 569 The Contentions which Arofe between this Kingj and his Parliaments, concerned the Grand SDcfCllCC of the Nation, againft the Growth and Power of France, and the SDffCUCC of the Protcftant Religion, againft the Growth, and near Approach of Popery. The Proceedings are difficult to be represented, and makes it necelTary to State the Steps, which led to this Kings furprizing £>UCCCtTc£, in Evading the Parliamentary Provisions, which were neceflary to make thofe SDcfdlCfS, in Relation both to the Church and State. There can be no Occafion to Paint the Forlorn Difficulties, Diftreffes, and Defpondencies, under which this King, in his Exile for Twelve Years, Laboured and Suffered, becaufe they are univerfally known 5 thofe Tranfacfions which happened in the Progrels to his Reftoration, only, are material to be Re- membred. When the good Time came, that the People Inclined to Re- ceive this King, and Reftore him to the Government, his Ma- jefty was at Breda, in Holland. From Breda, the King fent a Letter to Monk, the thert Echar j ;4I . General of the EngJiJJj Army, to be communicated to the State, wherein his Majefty allured them, upOtt i}lS &0Vcll (EU02D, That he had the great eft Efteem for Parliaments, believing them to be a Vital ''Part of the Conftitiition. His Majefty, by his general Declaration from Breda, to all Britons, declared, That he equally dejired the JdCOpiC might Enjoy what, by Law, was theirs, as that he himfelf might Enjoy what, by Law, was his 5 and that his ^Li'tMUltC was, That there might be a Reftoration of the King, Lords, and Commons, to their Antient and Fundamental Liberties and Pri- vileges, and a Refettlement of his, and their, J aft Rights, in Free Parliaments 3 and promifed, Ctt tijf W.Q$& Of il BiutT, That he would always be Advifed by his Parliaments. In Anfwer to that Declaration, the Lords and Commons, being AfTembled in a Free Convention, Joined in a Vote, de- claring, That by the Antient and Fundamental Laws, the Go- E e e e e e e c vemm?nt 57 o q-U BRITANNIC vernment of England was, and ought to be, by King, Lords, and Commons 5 and fent it to the King at Breda ; with which Vote, or Declaration, his Majefty readily, and without Hefita- tion, Agreed and Concurred, The Reitoration therefore, proceeded upon thefe Reciprocal Declarations, by which a State- Contrad, between them, was Compofed and Compleated ; and no one could have imagined, That fuch a King would ever have deviated from the Confti- cution, or have iUDtDitatet) £0eattS, to make himfelf Abfo- lute Matter over his Parliaments ( i. e. To Enflave the Parlia- ment ) or to Subvert the Government, or to Avoid being 2tDt>lCcD by Free Parliaments. SECT. 11. AFTER this Ground-Work was laid, thefe Three Circum- ftances attended the whole Structure, viz,. I. That this King was, unknown to the Lords and Commons, a private Tapift. This Fa<5t, his Brother and Succeffor, King James II. took Care to Publifli, Exhibiting to the World, Inconteftible Evi- dences to Evince the Truth of it. II. That there was in France, at this Time, an afpiring young King {Lewis the XIV- ) whofe 'Power by Sea and Land, was fuddenly Grown and Imreafed to a Superiority over any Neighbouring Potentate, his Understanding, Capacity, and Warlike Inclinations, led him to Form Schemes, for making France the Seat of Univerfal Monarchy, infomuch, that he was become the Terror of Europe. III. That the Tower of Britain, was, at that Time, Sufficient, and Able, in Conjunction with Holland, and other Allies, to Remove the Danger, and to Reduce and Bridle the Imperious Power of that Ambitious Monarch. Thefe Circumftances, ought therefore to be kept in View, throughout this King's whole Adminiftration, The CONSTITUTION. tjt The Facts in King Charles's Reign, which may be fuppofed to be Breaches of the Conftitution, were thefe ; I. The Secret HCilgttC made between this King and France, whereby King Lewis the XlVth Engaged to Afftfi King Charles, to make him Abfolute Mailer of his 'Parliaments 5 or, in other Words, To Acquire an Abfolute Power or Authority over his Parliaments 3 And, moreover, to Introduce and Ejlablifio Popery in his Three Kingdoms of England, Scotland, and Ireland. II. This King's ajfuming an Authority over his Parliaments, to Exclude and Deny them the Right or Power to ^IDtufe, or Intermeddle, in making War, or Peace, or Alliances to Support either Peace or War, tn order to Defend the Nation againfi the Formidable Power of France, and efpecially to Exclude them from Naming the Perfons, with whom fitch Alliances were to be made, or to Name, or Point out, the Ends or Purpofes, for which fuch Alliances and Wars, ought to be Engaged in. III. This Kings Exercijing an unlimited Power over Par' liaments, by Difmiffing their Sitting, and DiJJipating their Councils, whenever they took into Conjideration, the £p\&tt of the Nation, the Terrors of France, or the Dangers of Popery, although it were to Provide necejfary HDfcfCUCCS againfi them. IV- His Violation and Breach of the Grand Alliance, called the Triple Alliance, which had been accidentally made, and became a fir on g and fur e Barrier againfi France. V. His Ajfuming a Difpenfing Power to Sufpend and Vary, by his Regal Authority only, the Laws made againfi Protefiant Diffenters. VI- His Attempt on the Legislature, by Sending out Writs to make Elections of Members of the Houfe of Commons, to Sup' ply the Room of fuch as Died in the Intervals of Parliament. VII. His Giving and Sealing a Pardon to the Earl 0/Danby, for Offences Tending to Subvert the Conftitution, and Hurt the Nation. VIII. His 5 7 2 The B R I TANNIC VII f. His Violating the Right of Petitioning to Redrefs Grievances, and the Right of Shewing, in thofe 'Petitions, the Cattfes of thofe Grievances. IX. His Attempt on the Ejfeme of the Legijlature, by Profe- eating Quo Warrantees, againji Cities and Boroughs, who fent Members to Serve in Parliament, in order to acquire a Power over the Returning Officers, and by that Means, the Nomina- tion of the Members. X. By Difabling Parliaments, to make Provifions to Ex- clude Popery. SECT. VIII. 3i £> tO tl)C ^tClCCt ECttgUC with France, and the End for which King Charles Entered into it ; This Facl: was Difcovered by the Publication of Sir William Temple's Letters, after his Death, by Dr. Jonathan Swift, who Teftifies, That he had that Information from the Author him- felfj That the T)ijco-very happened to faff from the Kings own Mouth, when an accidental PaJJion had rendered him Unguarded : And it's probable, that this Private Alliance was concluded by the Queen-Mother, with the Afiiftance of Monfieur Colbert, who fucceeded as Prime Minifter in France, after Cardinal Ma- zarine's Death : However, this Facl: was more clearly Related in a Book, or Hiftory, written by the Abbot de Primi, an Agent of Mcmileur Colbert's, and Printed, by Authority, at Paris, in the Year 16825 but the Book was, upon the Com- plaint of Lord Frejlon, the Englifi Embaflador, Suppreifed, and the Abbot fent to the Bajlile, and Impriioned only for Ten Days, to Quiet that Clamour. The Confluences of this Fatal Confpiracy, do naturally mew 5 I. That the King ( who Abandoned himfelf to Pleafures ) Delegated his Government into the Hands of his Brother the Duke ofTork, who was not only a Papift of great Zeal, but Active and Enterprizing in the State-Councils. II. Thar CONSTITUTIO N. II. That the Duke of Tori: had a fecret Cabal of Pricfts, and Popifli Counfeilors, formed for him, to Guide ( and who did Guide ) him, and King Charles, in all the great Councils and Affairs of the State. III. That in Regard the Power of France was to Affift in making King Charles Abfolute Matter of his Parliaments, it was but reafonable, King Charles fhould Affift in Railing that Fewer, to make it fufficientj And that the French King, by thofe Means, gained the Power of England, to lift higher the Grandeur of his Atchievements. IV. That fince the tQlltiUlfttC was to make King Charles Ablolute Mailer of his Parliaments, the Popifli Cabal rightly Judged, That the Proteftant States of Holland, and the Differ- ing Protectants at Home, would appear Difinclined, and would, if they could, 3Difturl) tne Progrefs to that Acquifition • and that it was therefore equally reafonable, That King Charles fhould Co-operate with France, in beating down Abroad, the States of Holland, and at Home, the Power of the Diffenters, who were inflexible Enemies to France and Popery 5 in order to which, that Party was ftigmatized, with the Character of The Factious, and the contrary Party, favouring the French Intereft, were graced with the good Name of The Loyal, although, after fome Time, the former acquired the Name of The Country, and the latter the Name of The Court-T'drty. V. That although King Charles .II. had been charged, as if he had been unfteady and changeable, yet if a Tree is to be known by its Fruits, this PCing was eminently fteady, and never Deviated from his fecret League with France 3 for altho' he fometimes treated with the T)utch, as if he were an Enemy to France, yet from the Events, it may be concluded, That all his Treaties with the States, were tranfacled in Concert with Lewis XIV- and under a fecret Affurance, That the fame fhould iiever hurt, but rather promote the French Intereft. VI. That fince this private League was Levell'd at Subvert- ing this Conftitution, it becomes neceffary, to take more of the Hiftory into the Defcription, than was Intended. Fffffff SECT 574 The BRITANNIC SECT. IV. THESE Condufions will evidently appear, from a Reper- tory of this King's Adminiftration, in Conjunction with a dSlll- 1!1Q and moll Complying Parliament, The firfl: Step which the Secret League required, and which was Embraced by the Popifli Cabal, with Alacrity, was to weaken the Proteftant Power at Home, by fettering them with perplexing Oaths, whereby they, as was intended, mould not only declare, but fwear away their Liberties ; which was done by the Militia Act, whereby a Declaration was made, That both, or either Houfes of Parliament could not, nor lawfully might, raife or levy War, to 2DffCttD themfelves againft the King 5 and an Oath was Impofed to be taken by all Officers and Soldiers in this Form, viz. / 'Declare and Believe, That it is not Lawful, upon any '-Pretence whatfoe-ver, to take up Arms againjl the King 5 and that I do abhor that Traiterous Pofition, That Arms may be taken, by his Authority, againjl his Perfon, or againjl thofe Comuuffioucfc h him. Thefe Words were comprehenfive enough, not only to Sur- render or Difclaim the Conftitution, and the Liberties of Bri- tain, but to make the King abfolute, if Oaths and Declarations could make him, fo 5 for the People had Delivered them- felves up, bound Hand and Foot (as the Popifli Cabal Appre- hended). Eachard. But the Pailage of this Act, met with fome Interruption - y Burnet. f or gj r *&» firft two Years. This Counter-Scheme prevailed, and was agreed upon 5 and the Conqueft of Holland was looked upon as Secure, Eafy, and Speedy, and the Conftitution and Form of Government in England, $8o The BRITANNIC England, was, in Imagination, Subverted, and the Parliament Mattered. Parker 138, Bifhop Parker writes, That the Triple Alliance was 2l5tlfdp ' -* 5* 2iB?Oli0n 3 That King Charles Untied the Knot, And, That 19 'the Breach was a Deadly Sin againfi all the Laws of Nature, and of Nations. All Things being ready in England and France, War was declared againfi the States of Holland, on the fame Day, viz. On the 17 th of March, 1671, both at London and Paris. III. As to the Confequences of the 2!5jCtlCf) of the Triple Alliance : In Regard the Secret End of that Breach, and of the Alliance with France, to Subdue Holland, was to make King Charles Abfolute Matter of his Parliament 5 the pleafing Acqui- sition was in immediate View, by the fure Concjuefl of Holland 5 It was therefore fit for the King to Exercife (and he did Exercife) fome Acts of Arbitrary Power, in order to Inure the People to Bear the Form of his intended New Government, which he Experimented thus 5 Echard, 881. Firft, In order to Appeafe the Diffenters Clamours, he 3E>if- Parker, »3»-pjnfflj ^fjj a \\ t fe em \ Laws againfi them. Secondly, He Shut up the Exchequer, and (to ufe the Bifhop's own Words) Turnd it into a Place of Robbery. And, Thirdly, He caufed Writs to be fent out, and C!CCttOtt£ made, of Courtiers, to Jill up fuch Places in the Houfe of Com' mons, as had become Vacant by the 'Death of Members, in the loft Interval of Parliament, which Intermiffion had continued One Tear and Nine Months. Echard. But his Black and Fatal Alliance, was £&$tttt\V Negociated with the French King, who played the Broker with King Charles, Turning the fame to his own Advantage, and Smiling, at the fame Time, at Britain's Infirmities. King diaries, in April 1672, fent 6000 Choice Foot, un- der the Command of the Duke of Monmouth, into Flanders, • to Join the French Army, and Aflift in the intended Concjueft of Holland ■> which Forces, continued in the French Service, and Affifted t CO N ST IT U T I b~N. ^j? Affifted in Taking all the fDutcb Frontier Towns, and were Aflifling before Utrecht, when that Town Surrendered to the French King ; But, above all, thofe EngliJJj Forces did, for that King, Eminent Service, in AiTaulting and Taking Maejiricht, in July 1673. The Firit Step which the French King made, after the Breach of the Triple Alliance, was the Seizure of Lorrain, fo fuddenly, that that Heroick Duke Efcaped with Difficulty, being made a Prifoner 3 giving this Reafon for that Violence, Becaufe the Tiuke had Entred into the Triple Alliance, SECT. IX. THE French King, with a vaft Army, pafifed, like a Land Flood, down to Utrecht, Situated in the Middle of the United Provinces, and that Town being furrendered to him in July 1671, he kept his Court there, being Mafter of Three of the Seven Provinces 3 and, at the fame Time, the Britifh and French Fleets were ready, near Scheveling, to make a Defcent on Holland. At this Time, the 7)utch were at the loweft Ebb, and their Condition was looked upon, as Irretrievable; but in this Extre- mity, Providence Interpofed, and faved that Proteftant People, and with them, the Constitution and Liberties of Britain, Ref- cuing them from under the Immenfe Power of France, and of King Charles, and c PredeJlinat'mg that Little Country, to be a Relet voir of Power, from whence mould IfTue Forces, to over- turn all the Arbitrary and Towering Schemes of their mighty Oppreffors ; and for that Purpofe, the great Difpofer of all Events, Altered the very Ebbings and Flowings of the Seas, and fent a Blaft, which had near Buried the Brit'tJJj and French Fleets in the Deep, Driving them, with great Terror, Home to the EngliJ/j Coafts. And, moreover, the fame Over-ruling Power, Infatuated the French King, and Caufed him ( for fome Reafon, which no Man could ever Account for ) to haften away from Utrecht, to 'Paris, and to leave his Conquefts, and his Army, under the Command of a Cruel and Extravagant General ; and yet that H h h h h h h Army 582 Tie BRITANNIC Army was, in a fliort Time, obliged to March out of Holland ', with as much Hafte, as it Rufhed into it. Salmon, 146. The 1)iitch being in Extremity, and knowing the Parliament, and People of Britain ( except the Popifli Cabal ) to be their Well-wifhers, They, on the 2 1 ft of July, 1672, fent Ambafla- dors to King Charles, to beg for Peace 5 and although they Expected no Succefs, yet they Judged, their Embafly would Alarm and Incenfe the People. ibid. Thjs EmbaiTy had its Effect; for the People were Inflamed, and ready for a Mutiny, which caufed the King to fend Three EmbalTadors to the French King at Utrecht, to faften his private League, for fear of a General Revolt, in cafe his Subjects fhould Difcover his Engagements againft Them : The King alfo, Raifed more Land Forces to Secure himfelf, as he thought, againfl his own People. sect. x. THIS Juncture difcovered, That the Undertaking to Con- quer Holland, required more Time, than King Charles had Calculated $ for 700,000 /. which the French King had fur- nifhed, and the Booty which King Charles had Seized, by Shut- ting the Exchequer, were Lavifhed away, and Con fumed : And the King could not make one Step further in the War, without more Money, which the French could not, or would not, fpare : Neceffity therefore forced him to AiTemble the Par- liament, after he had Curbed and With-held them from Sitting, during thefe Negotiations, the Space of One Year and Nine Months. The Parliament met on the 4th of February, 1672, and the King told them, in Effect, That he had Broken the Triple Alliance, and had, in Conjunction with the French, made War on the 'Protectant States of Holland, before he had 'Proclaimed it ; and that he had done all this, for the Honour of England, and therefore demanded Supplies to carry it on : He took No- tice of his iDifpnifing with the Penal Laws, to Indulge the Proteftant DilTenters, Declaring, He would take it III, to Receive Contradiction, and that he was R.efbhed to Stick to, and Main- tain, that fufpending ^Declaration : And as to the Land Forces lately CONSTITUTION. 583 lately Railed, he laid, They were not fufficient for the Purpofes he intended, and therefore he would Raife more next Spring 5 and demanded Supplies to defray that 'Part of his Expences : The Lord Chancellor Shaftsbury, Juflified the 2CJ 13*. writes, That this Parliament Treated the Project of Ejlabli fil- ing a Good Underfianding and Amity amongfi his Majeftys Pro- ibid. 587. teftant Subjects, with the Higheft Indignation 3 and that when I i i i i i i the $86 The BRITANNIC the Country-Party came to be the Majority, and the Commons gh.eflioned the Afis of the Regal 'Power, and obliged the Go- vernment to make a 'Peace with the Dutch in Feb. 1 67 3. It was a manifejl jftCtlOlt from the King in Parliament. But, however, it may be prefumed, That the Popifh Cabal being now Enraged at Paffing the Tejl-Al~i, Added to the Po- pifli Plot, in which King Charles, by his fecret League with France, was Engaged, the Bloody Part, whereby the King himfelf was to be taken off, and removed, as a Perfon unfteady and unfit for the Grand Undertaking 5 and the rather, fince he had Treated the Papifts, by paffing the Tefi-Afl 3 fo very Unkindly. SECT. XIII. THE Parliament met on the 20th of October 167"$. and were Adjourned to the 27th of the fame Month, when the King Asked further Supplies, not only to carry on the War againll: the 'Dutch, but to pay off the Bankers, whom he had unjuftly fpoiled, by (hutting the Exchequer. But the Country-Party being by Deaths and new Elections fiow become ftrong, were out or Countenance, and Afham'd of giving fo much Money to promote the Caufe of Popery, and to (upport thofe fecret Meafures which Tended to a Diflblution o£ their own 25riUg 5 and as to the Bankers, They had Confpired, and lent the Money, to Render the Parliament ufelefs, becaufe without that Loan, the Triple Alliance had not been broken, nor the War made upon the T)utch 5 and therefore the Com- mons Refolved to take no Cognizance of their Cafe, nor to give any more Money to the King, 'till they were fecured againft Popery, and Relieved againll their other Grievances 5 and further Voted, That the Standing Army and the Alliance made without their Privity with the French King, were Grievances 5 where- upon the King, in great Anger, at the End of nine Days, Dif- miffed their Sitting for nine Weeks. SECT; CONSTITUTION. 587 SECT. XIV. THE Parliament met on the 7th of January 1673. and AddrelTed the King to conclude a Peace with the Dutch : His Majefty did not, at this Time, object, That this Addrefs made any Invajion on his Prerogative of making 'Peace, but took the Advice, and made the Peace j The Parliament proceeded vigor- oully in voting againft Standing Armies including in thole Armies the King's Life-Guards, and infilling, That no Guards (other than the Yeomen of the Guard, and the Band of Penfi- oners) ought to be Allowed : They alfo Voted fmartly againft Popery, againft the Counfellors of the Cabal, and againft Ille- gal Imprifonments, and brought in the Habeas Corpus Bill, &c. but the King, with great Difpleafure, ftopp'd their Career, with- out pafling any one Act, and Difmifted their Sitting for the Space of one Year and two Months, until the 1 3 th of April 167 5. which was a Prorogation contrary to the Acl: of Parlia- ment for holding Annual Parliaments. A Naked Peace was made with the Tiutch and Spain, on the 1 1 th of February, \ 67 3 , without Entering into any Alli- ances againft France, which left King Charles at Liberty to Continue (and he did Continue) his Briti/h Forces in the French King's Service, to Aflift him in all his Wars againft Holland, the Empire, &c. It is therefore probable, that this Peace was made with the Connivance of France, who now Efteemed King Charles Unfuccefsful in War, and more Ufeful to Ad as a Me- diator for Peace. The Time, therefore, for the French King's making King Charles Abfolute Mafter of his Parliament, was Refpited 'till a more feafonable Opportunity. s e c T. xv. THE Dreadful Calamities and Effufion of Blood, which the Breach of the Triple Alliance caufed in Europe, are not to be palled over without Obfervation 3 and no Hiftorian hath fo lively Reprefented them, as Biflhop Parker, in the Hiftory ofParier, 149, His Own Time j fox he attributes to that Violation, the Havock of 588 tatC of the Nation, and to Advife the King What to do, what Wars to make, and what Alliances to enter into, in Cafe thofe Wars, and thofe Alliances, were neceffary for the 2DcfCUCC, of the Nation-, for, who could be more proper to give Advice, about that SDCftUCC, than thofe who were to bear the Charges, and to fuffer moji for Want of that Defence 5 and that if this were not Reafonable, the Conjlitution and the Form of this Government was Egregioujly Infirm and T)efe6live ; And many Precedents were produced, to fupport thefe Arguments. And as to the Sentiments of Neighbouring Princes, and Potentates, it was Argued, That Reputation was the Life of Government, and Difreputation the Barie of it, and that every Prince in Europe, was well Apprized, That the Acts of the King's Sovereignty, whether thofe Acls were, War or Peace, without the good Liking and Confent of his Parliament, were half-form d Things, without Sinews or Strength to Defend this Nation's Friends, or Offend its Enemies, SECT. XVIII. A T this Time, the Prince of Orange, being Stadtholder, and Captain - General of the States Army, and being borne down by the Over-grown Power of France ; but not fufpect- ing the fecret League, nor the Ufe intended to be made of the French Power, Refolved to make one Effort, to engage (if pofTible) England in its own Interefi 5 and confequently in a hearty War againft France $ for which End, he, at the End of the Campaign 1677, made a Tour to London, and, in Perfon, recjuefted of the King the Princefs Mary, the Duke of Tork's Eldeft Daughter, in Marriage. The Briskneis of the Attempt, and the Univerfal Voice of the People, at this Time, weighed down the Duke's Influence, and prevailed with the King, and the Marriage being folempnized on the 4th of November 1 677, the Prince was admitted into the Cabinet-Councils, where he fo behaved, That the Kins; and his Minifters came to a Warm Reflation, 59- The BRITANNIC Refolution, To fee down the Terms of the Peace, and fend them to 'Paris, and demand a Compliance within a Time Iimitted, and in Default thereof, to declare War inftantly 5 Part of which Terms were, That France f to make for the Tiutch a compleat Barrier) Jloould yield up Valenciennes, Conde, and Tournay. This Refolution being taken, a MefTenger (the Lord T)uras-> afterwards Earl of Fever-foam, a Frenchman, and a Creature of the Duke's) was fent with the Errand, and the Prince with his Princefs, were hurried away to Holland, without Decent Com- pliments paid them at their leaving London $ but France Eva- ded giving an Immediate Anfwer, and by Concert with T)uras y fpun out the Matter into Dilatory Expoftulations. Ecbard,93CfCUDlttg the Nation, was left to a Time, when that HDcfCtlCC became Doubt- ful, and amazingly Hazardous and Expenfive 5 i, e. 'Till the Revolution in 1688. SECT. XXI. THE Parliament Met on the 21ft of Ofiober, 1678. At which Time, the Popifh Plot was Opened, even when it was Ripe for Execution, which, although the immediate Profpecl: of War was, for the prefent, Removed out of Sight, Raifed in the Nation a greater Heat and Fear of Popery and Slavery, than had been ever before heard of. It was alfo, at this Juncture, difcovered, That the Lord Treafurer, and Prime Minifter, Danby, Judging, That from the Occurrences which had Tajfcd in Relation to the Alliance made 596 The BRITANNIC made with the Dutch, and from the Kings 'Declining to Enter into the War againjl France, the 'People's Purfes would Shrink, and that the King's Profujions could not be Supplied : He there- fore Infinuated, That to Enable his Majejly to Govern as he dejired, it was reafonable France JJoould pay a Round Sum, for the Advantages they Reaped, from his Majejly s Management of the 'Parliament. The King, with his own Hand, Signed all the Inftructions for this Money-Affair, by which the Lord Treafurer was to proceed ; and, for the greater Secrecy, appointed Mr. Chijfincb to be his Treafurer, to Receive the French Penfion. The Treafurer Dauby, in January and March, 1677-8, wrote feveral Letters to Mr. Montague ( afterwards Duke of Montague ) then AmbalTador at Paris, directing him in every Thing how to proceed. But whether King Charles got the Money, doth not plainly appear : This Effect, however, appears, That from fome Steps by which the Treafurer apprehended Mr. Montague was not a proper Agent to Compleat this Black Affair, a great Animojity between them was Ratfed. Mr. Montague, therefore, without Leave, Retired from his Embaffy, and procured himfelf to be Chofen a Member of that Parliament which met on the 21ft of Offober, 1678, and took Fire at the Dangers appearing in the Popifh Plot, juft then Difcovered, which neverthelefs were in a ludicrous Manner treated by the Treafurer c Danby 5 of which, Complaint being made to the Houfe of Commons, it gave a favourable Oppor- tunity to Mr. Montague, to drop fome Words of the Trea- furer's fecret Intrigues, to promote the French Intereft, and, in Imitation of France, to Erect a Military Government in Britain. This Alarmed not only the Treafurer, but King Charles himfelf, left their Expofing to Sale the publick Intereft, fhould be publickly Expofed, infomuch, that the King took the Oppor- tunity on the 19th of December, 1678, when Mr. Montague was Sitting in the Houfe of Commons, to Seize his Papers ; of which his Majefty immediately fent a Meffage ro the Houfe, Informing them of what he had done. Mr. Montague was Amazed, t CONSTITUTION. Amazed, but having wifely Provided againfl: the Expected Tempeft, he Inftantly acquainted the Houfe, That he had in his Cujlody, fome Tapers, which, he conceived, would be of great Importance : And thereupon three Members, by Order of the Houfe, and by Mr. Montagues Direction, fetched a Box of Writings, whereout were taken and Read, two of the Lord Treafurer's Letters, containing the Directions before men- tioned. The firil Letter was Dated the 17th of January, 1677, ( two Days after the Adjournment of the Parliament, for 1 2 Days before mentioned ) wherein Lord T)anby took Notice, That France was Refolved not to Tart with Tournay, and that the French Ambajfador Barillon had Endeavoured to Engage Lord Danby to find fome Expedient to fave Tournay 5 alluring him, That King Charles might certainly depend upon all Affift- ances and Supplies from his Mafler the French King, in Cafe their Friendship were preferred 3 And the Treafurer allured Mr. Montague, That one Principal CflUfS of the Parliament's Adjournment from the 1 ffft of January, 1 677, for 1 3 T>ays, was to fee if any Expedient for the Teace, could be found out in that Time. The other Letter was Dated the 25 th of March, 1678, In which were thefe Words, In Cafe the Conditions of the Peace fhall be Accepted, the King Expects to have Six Millions of Livres a Tear, for three Tears, hecaufe it will probably be two or three Tears before the Parliament will be in J^uniOUt *• All pofjible Care mull be taken, to have this whole Negotiation at Private as poffwle, for Fear of giving Offence at Home 5 At the Bottom of the Letter, were thefe Words, This Letter is writ* ten by my Order, C. R. The Reading thefe Letters, blew up the Houfe into a Flame, whereupon it was Argued, That now it was evident, that there was a fecret League with France 5 that King Charles was to have Ajjijlance and Supplies from thence, againjl ^>0tflC-l)0t)p, which could not be againjl Holland, or Spain, aud therefore it tnujl be againjl his own People 5 And yet this Affiftance, of Supplies, were not to be had, but upon Condition, if the Friendfliip fhould be preferved, i. e. That King Charles muft either Comply with whatfoever France Impofed, or Break the Friendfliip. M m m m m m m That 597 S9 8 CCJCt HcaQUC Subfifted, and was Carrying on at the very Time when the Parliament was, on the 15th of January, 1677, directed to Adjourn for thirteen Days, to be then acquainted with a <$&ttlt of great Importance. The Meaning whereof, was, That the Expedient for the Peace, was the Settling the Trice for it 3 for the Matter of great Impor- tance, when it came out, was no more, but that his Majefty had, on the 16th of January, 1677, made an Alliance with the 'Dutch, againft France. It was Argued, That it was plain the Army of 20,000 Men, lately Rat fed, was Raifed for fome Purpofe, but not to make War againft France. That from thefe Letters might be Collected, That there was fome 2Dtlt& Meaning in the King's defiring a Continuance of thefe New- Raifed Forces 5 and, above all, it was plain, That the Reafons why his Majefty refufed to make Alliances and War againft France, were to preferve his Friendfhip with Lewis the XlVch, in Hopes of Afliftance and Supplies againft £?0U1C- t)0ty>. And, upon the whole, the Alliance with the Dutch, and the late Speeches and MelTages to the Parliament, touching the SDcfCHCC of the Nation, could proceed from no other Caufe, but Lftncerity, and that the Britifh State was under the Influ- ence of Thofe, who were Engaged in an Intereft againft it. The Commons thereupon Impeached the Lord Treafurer Danby for High Treafon. The XteflfOtt Charged on him, was, That he had Endea- voured to Sub-vert the Antient and Fundamental 5fojtll of Go- vernment of this Nation, and to Introduce an Arbitrary Way of Governing. The Overt-Facts of which Treafon, were Six in Number $ but the three firft are fufficient to be here touched upon, viz. I. That he had Accroached Regal 'Power, by Treating of Peace and War, with Foreign Princes, and by giving Inftru- Elions to the Englifh Ambaffadors, without firft Communicating the fame to the Secretaries of State, or to the Privy Council. II. That t CONSTITUTION. 599 II. That he had Dejigned the Railing an Army upon 'Pre- tence of a War againjt the French King, and then to continue the fame, as a Standing Army to 3lU)e the Parliament ; And an Army being fo Raifed, and no War Enfuing, an Aft of Par- liament paffed, to Pay off and 'Disband the fame, and a great Sum of Money being granted for that End, he continued this Army contrary to the faid Aft, and mifemploy'd the Money given for the Disbanding, to the Continuance of the Army. III. That he, to hinder the Meeting of Parliaments, and thereby to alter the Original Conjl'itution, did propofe and Nego- tiate a Peace for the French King, upon Terms Difadvanta- geoas to the Intereft of England 5 for the Doing whereof, he did intend to procure a great Sum of Money from the French King, for Enabling him to maintain his Traiterous Dejigns. But this great Minifter being Confcious of the Facts or Overt- Acts of the Treafon, for which he was Impeached, and having in his Cuftody the Secret Orders and Inftruitions under the King's own Hand, for committing the very Offence 5 he claimed from his Majefty, That if he would prevent his own Orders and Injlruftions from being Expofed and Reproached, he muji Deliver him (the Earl of Danby) either by Pardoning the Of- fence, or by Breaking the Parliament. The King, therefore, in order to gain Time to pardon the Offender, did, on the 30th of December 1678, firft Prorogue, and then Diffolve the Parliament. The new Parliament Commenced on the 6th of March 1 678, when the Lord Treafurer Danby pleaded in Bar of the Impeach- ment, That the King, by Letters Patents under the Great Seal of England, had Pardoned the Impeachment, and all the Of- fences Charged in it. The Commons thereupon Appointed a Committee to fearch how, and in what Manner, and by what Means the Pardon was Obtained 3 who found, that the Pardon had not paffed any of the Offices, through which the King's Letters Patents ought to pafs 3 but that the King having Ordered the Great Seal to be brought by the Lord Chancellor Finch, to Whitehall, and laid on his Table there, his Majefty wrote his Name on the 6oo The B R I T A N N I C the Top of the Parchment, which had Wax fixed on it ; and the Seals being taken out of the Bag, the Perfon, who ufually carry 'd the Purfe, did, by the King's Exprefs and Pojitivs Command, Seal, or Affix the Great Seal to the Parchment. The Commons, therefore, as a Houfe, went in a Body to the Bar of the Houfe of Lords, and, by their Speaker, Demanded Judgment againft the Earl olTianby, Infilling, That the Plea in Bar had confeffed the Crime charged in the Impeachment, and the Guilt of it ; and that the J0clVt)OU ought not to be allowed in Bar of the Impeachment of the Commons of England 3 and Voted and Refolved, That no Commoner whatfoever y (Jjould pre fume to maintain the Validity of the Pardon, without Leave from that Houfe, and that the Perfbns Jo doing, Jhould he Accounted Betrayers of the Liberties of the Commons of England. The Force of this Profecution could not, by the King or his Prime Minifter, be Avoided or Baffled, but by Reforting to that Inglorious Practice of Difperfing Parliaments, and ^Defer- ring the Courfe of Juftice, and accordingly the King prorogued the Parliament. SECT. XXII. THIS was a Notable Struggle about that Part of the Con- ftitution which Excluded the King from the Power of Pardon- ing Offences tending to the General Oppreflion, and Wrongs to the Nation, in the CommifTion whereof, he himfelf might be (as this King, in this Cafe, was) actually Concerned 3 for the King Avowed the Fact, That what the Treafurer had done, and pafled the Commons, and the Lord Rujfell, Eldeft Son of the Earl of Bedford, carried up the Bill to the Lords. But the whole Bench of Bifhops were of Opinion, Thdt the Conjlitution of the Protejlant Church of England Was not in 'Danger from Popery, and fo Unanimoufly, gave Negative Voices, which made a Majority, and the Bill of Exclufion was Reje&ed. However, the Commons continued obftinate in Pufhing at the Exclufion, and the King equally obftinate, in croffing them 5 he therefore broke all their Meafures, by Difmiffing their Sitting ten times, and at laft finally Dijfolved them at Oxford, on the 28th of March 1681, Declaring (as the Courtiers gave out) That he would live on his own Revenues (which were great) and never more Trouble Parliaments 5 who had 3£tllft.'D him with that Revenue. SECT. XXIV. A T this Time, Commenced a new JEra, and an intire Alteration, in order to ftrike at the Root, and overturn the Conftitution 3 for the King DifmifTed himfelf, in a manner, from the Government, and delegated over the whole Adminiftra- tion into the Hands of his Brother, the Duke of Tork, who Undertook to fecure his own SucceJJion, without giving the King any more Difturbance 5 and the Carelefs King was glad of being eas'd of the Trouble, and to ftand by, as unconcerned, at his Brother's Management of the Government, contenting himfelf O it to be Attended at his Levees, and, in his Walks, like a Duke, whilft the Duke was, at his Levees, and in his Walks, Attended like a King: Infomuch that from this Time, viz. from the firft 0$ April 1681, during the Reft of King Charles's Reign, the Duke CONSTITUTION. 603 Duke may be look'd upon as King, in Totentia (Except the Name). As Toon as this was known, the Eagernefs to Exclude him, Changed into Courting and Magnifying him , and into a mani- feft Coldnefs towards the King \ all Applications were made to the Duke for Preferments in Church and State j he made the Bifhops, and Garbled the Judges, 'till he had made a Set to his Mind, of whom, fome of them Acted more like furious Prole* cutors, than Judges. sect. xxv. THE, Popifh Cabal of Counfellors, contrived and provided Schemes for the Duke, to purfue in Cutting down, not only the Chief Promoters of his Excluflon, but to Impoverish and Intimi- date all Oppofers of his Intereft, or Succeffion, by the Means following : T. To make an Attempt on the CffcnCC of the Legiflature, andsumet, 54 c to Strike at that Root of the Conftitution, which concerns the free Elections of Members of Parliament, by Profecuting Quo Warranto s againfl fuch Cities and Boroughs, as Elected and Sent Members, to Wreft from them their Local Rights and Privileges, by get- ting into the King's Hands, the Nomination of the Returning Officers, in order to fecure, i . The Packing of Parliaments, as King Richard II. had done. II. The Packing of Juries, for Accompliflj'ing the Bloody Part of their T)ejigns : And for this End, to begin with the Metropolis of London, where the Liber- ties of the Nation Centered, and, in fome Sort, appeared as an United, Rich, and Powerful Body j after which, all the reft of their Work would be found Eafy and Practicable. II. To Accufe and Turn all the Meetings of thofe Zealots, who Profecuted the Popifh Plot, and Promoted the Exclufion of the Duke, into Confpiracies and Treafonable Confultations, to Compafs the King's Death, as if the one, differed not from the other 5 and fo to Return them Plot for Plot, and Occiflon for Exclufion. III. To Encourage Satirical and Fiery Writers to Feed, and even Glut, the World with Printed Papers, wherein were Blacken d 6o4 The BRITANNIC Blacken d the Principles of thofe Gentlemen, who, m the Year 1640, and 1641, by the Limitation of the Scots, and their Invafion, had found Means to Rejhie the Conftitution, and the National Freedom, from under that Arbitrary Power which 3JlUpofcD Taxes by Ship-Money, &c. without a Grant thereof in Parliament, &c. as the molt Profligate and Deteftable Tenets in Nature, and placed under the fame Rank of Blemifhes, all the prefent Alienors of this Conftitution 5 in which Conflict of Whetting Prints, was Begotten thofe Characteriftick Denomina- tions of Parties, called SClljUjS and %0jiCS. IV- To Profecute, as Implacable Enemies to Arbitrary Power and Popery, the Proteftant Diffenters, with a Rage and Fury, equally Implacable, until they mould be by Fines and Imprifonments, either Impoverifhed and Extirpated, or Driven out of the Nation, or to hide themfelves in It. V- To Encourage and Prefer fuch of the Clergy, as would Preach, and fuch Writers, as would Enforce, the Doctrines ot Pafiive Obedience, without Referve, and Unlimited Non-Re- il fiance. When this Hint of Preferment was given out, the Preachers and Writers carried thofe Doctrines beyond all Bounds, and put iuch GloiTes on the Words Sovereignty, and Sovereign Power, as brought under them, all Mens Rights, Liberties, and Properties, without pointing out any Limitation ; but rather Aflerted, That Allegiance was Unconditional : as if there were no Laws in Britain, of any Ufe, to Defend the People from Wrongs or Oppreffions : Which was, in Effect, to throw down their Fences, and lay Wafte their Inclofures. But the End and Fruit of all thefe Learned Labours, was expected to be, their ftrenuous Afferting and Maintaining, That the T)uke of York's Right of Succeffwn, was Unalterable, and could not be Bound even by Acl of 'Parliament. This could not be done, without Afperfing and Blackening the contrary Principles, which they did plentifully, and carried their Invectives fo far, as to Aflert, That what T) anger might happen to this Proteftant Church, rnufi necejfarily come from the Proteftant T)ijfenters, and not from Popery, or a Popifh King j for fuch a Popifh King, as the T)nke would be, would be a BlefKng wry dejlrable. The CONSTIT UT I N. 6oe, The Preachers carried the Point further, and, in Imitation of Husband's the Preachers in the Reign of King Charles I. they made thc Co11, 559 ' 'Pulpit, a Bar, at which to Plead againft the Liberty and Pro- perty of the Subject. VI. To Strike at the Rights and Privileges of the Houfe of Commons, by Profecuting Mr. Williams, the Speaker of the Two laft Parliaments, for Printing, by Order of the Houfe, 'Dangerfield's Narrative, which had Charged Heinous Matters on the Duke of Tork 5 but this Profecution did not happen to come in Courfe, 'till after the Demife of this King 5 for the Information Charged the Offence to be, for Printing a Libel in the Nature of a Scandahm Magnatum on the Duke ; as appears by the Proceedings which are Entred, Trin. i° Jacobi II. Rot. i°. SECT. XXVI. THE Duke's Purfuit of thefe Advices, was amazingly fuc- cefsful, all Oppofition falling before him 5 but the two firft Parts of the Scheme only, require a particular Account to be given of them in this Place, as follows, viz. I. As to the Firft Refolution, The Subftance of the Quo Warranto againft the City of London, was, That the King thereby required them tojjjew, By what Right or Warrant, they Claimed to be a Corporation, by the Name of the Mayor, and Commonalty, and Citizens, of the City of London. The Breaches which the Attorney General, for the King, Affigned as Caufes to forfeit their Being, or Life, as a Corpo- ration, were Two 5 1 . That the City of London had made a By-Law, to Levy Money on all Perfons Coming to Sell Provtfions in the City Markets, under Pretence of Tolls, and had Levied and Colic fled, thoje Rates, which were by that By-Law Impofed: Whereas in Fail, the By-Law was not to Impofe New, but to Reduce their Antient and Uncertain Tolls, to a reafonable Cer- tainty. Ooooooo 2, For ~ 6 The BRITANNIC 2. For that the City load, on the 1 yb of January, 1680, prefented to the King, a |DftlttC5U, wherein they had Repre- fented to his Majejly, their Grievances, That the PopiJJj Plot was, to Murder the King, to Subvert the Government, to In- troduce Popery, to Subject this Nation to the Pope's Supremacy, to Rebuild the Old, and Found New Monasteries, and to Re- store the Abbey Lands to the Monkijh Clergy, and to Extirpate the P rot eft ant Religion 5 That divers Offenders had been Con- victed and Attainted 5 That divers Proceedings were depending in the Parliament {which Sate on the \ph 0/ March, 1679,) againfi the Five Popifjj Lords 3 That the Parliament was Prorogued, and that that bitermijjion continued Seven Months, 'till the i\Jl of October, 1680 3 The Tryal and Attainder of Lord Stafford, upon the Impeachment in Parliament 5 The Proceedings in Parliament againfi the Chief c fufiice Scroggs, Earl Tyrone, &c. That divers Bills were Preparing in Par- liament, for Prefervation of the King's Perfon and Govern- ment 5 The Prorogation on the 10th of January, 1680, 'till the 20th T)ay of the fame January, 1680 5 The T)angers, Fears, and Grievances, arifing from thefe Tiifontinuances of the Parliamentary Proceedings 3 but, above all, their great Sur- prize at the lafi Prorogation on the 10th of January, 1680, whereby the Profecution of the Publick Jufiice of the Kingdom, and the making the Provifions neceffary for the UDcfdlCS cmd Security of the King's Perfon, and of his Protefant Subjects, had Received an Interruption 3 and that therefore they prayed the King would be pleafed to permit the ftid Parliament to Sit on the 20th of January, being the T) ay to which they were Pro- rogued, until, by their Counfels and Endeavours, thofe Good Re- medies flooidd be Provided, and thofe Jufi Ends Attained 5 and that the City had caufed this ^CtittOH to be Printed and Pub- UJJoed, to the Scandal of the King's Government. Thefe Breaches being, by proper Pleadings, drawn to an Iflue in Law, to be Argued and Debated, Whether the fame were Offences ? and if fo, Whether they were fuch Offences, as were Capital, and Punifhable with the Diffolution of the very "BCing of the Corporation ? It was Argued for the King, by Mr. Heneage Finch, Solli- citor General, and by Sir Robert Sawyer, Attorney General, That CONSTITUTION. 607 That the End of Creating Corporations in Cities and Bo- roughs, was to 'Promote and Encourage Trade ; That the King> in Creating them to be Corporations, Granted to them the Office of Magistracy, to Govern ( in his Stead ) the People of that par- ticular Place or Corporation 3 which Government could not be Exercifed, until By-Laws were jirjt made, to be the Rule of their Government : The Power therefore of making By-Laws, was incidently Granted to Corporations, and paffed by Implica- tion in the Grant or Creation, with a Tacit Condition, or Ita quod, That thofe By-Laws fhould not be contrary to the General Laws of the Land. That the Power of Corporations, in Relation to Magiftracy, being 'Derived out of the Supreme Regal Magistracy, they could not do more than the King himfelf whofe Power was the Ori- ginal 5 and that as the King, although Supreme Governor, could not make a Law, to ^ttipoic and Levy Money upon the Subject, fb neither could the Mayor, Aldermen, and Common- Council of London. That the Rights of a Corporation in Point of Magiftracy were of human Injlitution 5 and, therefore, as to their Birth, Form, Extent, and Limits, they were wholly T>ire£ied by its Creator $ and that whatfbever is made and formed, by the Policy of Man, may, by the Law of Man, be alterable. That the Antient Kings, when they Formed the Corporation of London, floap'd it after the Manner of the Supreme Lecnila- ture of the Kingdom, to conjifl of a Mayor, as the Head, and of Aldermen and Commons, as the Body, after the Image of the Parliament of Britain 5 and therefore their Original Injlitu- tion was, That the whole State and Body of the Citizens of London fjjould be Reprefented by a Mayor, Aldermen and Com- mon-Council. That the Corporation, and the Grant to it, of the Office of* inch > l 9> Magiftracy, to Govern, Carried in it an Original Truft, and a a ' r ' 1°', X&Clt Condition to Govern well, and the Greater the Truft, a3 » the Stricler was the Condition 5 for the King Trufts them with the Local and Special Government of that particular T)iflrit r l, ipon Account of, and Subordinate to, the Publick Government of the Kingdom 5 and that therefore the Breach of the Publick Truft. 6o8 The B R IT A N N I C Truft, Repofed in them, at their Original Creation, and of the Tacit Condition Annexed to that Truft, was a Forfeiture, and was a good Caufe, to feparate the Politic Capacity, from the Natural 3 For whenfoeuer the Law Creates a Truft, the fame Law 'Provides a Remedy, if the Truft be Broken, for put- ting that Truft into fafer Ha?ids, becaufe there is a Cfcflcr, arid a 'Determination of the Truft, in the Hands of him that afis direffly contrary to it. And all thefe General Propofitions were true 3 but when the particular Breaches came to be Argued upon, the King's Coun- cil feemed to fail. For, as to the firft Breach, Touching Levying Money upon the Market-People, it was Argued for the King, That the Citys Offence did not lie in Taking the Money of the Market' 'People, but in AlTuming a Power to make a Law, to Ra'tfe Money upon the Subjects 3 and that it was the Manner of Levy- ing^ and not the Quantum of the Money Levyed, that made the Offence that was Charged upon them. It was Argued for the City, by their Recorder, Sir George Treby, and Mr. Pollexfen, That Tolls in the Markets, for Stallage and other Conveniencies that were Provided at the Citys Charges, were due by Law 3 That the Tolls being Antient, the fame were Uncertain, and many 'Differences had happened between the City Officers, and the Market -People, about the Specifick Tolls 3 and that the By-Law was made, to reduce the old Tolls to a Cer- taiuty, and to prevent the Mifchiefs that arofe from Uncertainty 5 and therefore that AEi of Common-Council, was not an Ufurpa- tion 5 but Tended direflly to good Government. But, afterwards, it Appeared, That this Pretence, of a Breach of Truft, to make a Forfeiture, was merely Specious 3 for after the King had obtained Judgment againft the City, his Majefty himfelf, by thofe Commiffioned under him, Exacted and Collected the fame Rates for the Tolls, which the City had, bv their Adt of Common-Council, Ascertained. II. When the Second Breach, touching the City's Petition, came to be Argued, the King's Council feeemed to lay the whole Strefs upon Clamour only, without any Real Subftance 3 for it was Argued for the King, That the Petition did, in Fffeff, CONSTITUTION. 609 Effetf Adjudge and PubVtfh to the "People, That the Kincr W as Unfit to govern, becaufe it Alledged, That by the Prorogation his Majefty had ftmttttpttD the Publick Juftice, and the Making neceiTary Provifions for the Safety of himfelf, and of his Proteftant Subjects j Whereas the Power of Proroguing Par- foments was a Part of the Kingly Office, and the Exercife of it, was a Point of as J^igt) Xtttft as any 5 and that the Impu- tation of interrupting the Publick Jufike, Imported great Scandal to a common Magiftrate, Intrufted with the Admim f ra- tion ofjujlice, and much more to the Supreme Magiftrate ; and especially, if it was Charged upon him, for Ufing that Lawful Power of Proroguing, that was Vefied in him 5 That the Words^ Nulli Negabimus aut DifFeremus Juftitiam, are not only the Words, but the "Duty of every King. The Delay of Juftice, which Imports only an Omifhon, is a great Imputation 5 but Interruption is a Greater 5 becaufe that Imports fome wilful Ad, whereby Juftice is ftopp'd 5 but however, both are Temporary Denyals of Juftice. That the principal Attributes, which the Law makes necef- fary for Princes, are, Juftice, Mercy, and Wifdom, and the fe were every one of them, by this Petition, Impeached-, His Juftice, by his Interrupting the Courfe of it 5 His Wifdom, for not taking Care of his own Perfon, or by not T)ifcerning the T)anger he put himfelf into, by the Prorogation 5 and that his Mercy was Impeached, with Cruelty, in Screening lots Popifh Subject, and Expofing, to imminent T>a?iger, his Protefiant ones. It was Argued for the City, by their Council, Sir George Treby their Recorder, and by Mr. Pollexfen, That the Conftitution, and the Law of the Land, had given to the Subject a Riant of Petitioning, and of Accefs to the Supreme Governor, to Repre- fent to him, their Grievances, and to pray a Redrefs of them 5 and that the fame Law gave them alfo a Right to State in their Petitions, thofe Facts and Reafons, which Caufed their Grie- vances, provided thofe Faffs were true. That the Grievances Complained of, were the Dangers Ari" fingfrom the Popifij Plot, and from the dangerous Con/piracy which the Petition defcribed. Ppppppp The 6io The B R IT A N N I C The Facts Recited in the Petition, were Unquefl ion ably true, and even ConfelTed by the King's Council 5 The City Admit- ted the King's Power, to prorogue Parliaments, and did in no Sort Queftion it, but Affirmed it 3 They only Infilled, That it was as true, That all their Grievances and Dangers, did proceed from that Lawful, but Unfeafonable Act of the King's 5 And that as there was one 'Part of the Conftttution, that gave the King 'Power to Prorogue, fo there was another Part of the Conftitution, that gave to the Subject an Original Right to ^COtlOU for Redrefs of their Grievances 5 and, in that Peti- tion, to State, and floew, the Caufes, and Reafons of tbojh Grievances 5 and that therefore, to pun ifh a Alan, for JJje wing, in his Petition, thofe Grievances which he dejires to be Re- drejfed, and the Caufes of them, was the fame Thing as to Deny him the Right of Petitioning 5 and that fuch a Denial Would infer OppreJJion, and the mojl abject Slavery 5 for, when Subjects are Mifujed and Grieved, and are Denied the Liberty to complain and pray the King to Redrefs thofe Grievances, or Jhall be P unified for Petitioning againjl them, they muji necef- firily be SttyCCt j§>l«tf»S. ft was, in fome Sort, Urged, That the Aitembling of Par' liaments, and permitting them to fit and provide for the Defence and Safety of the Nation, was an Original Trufl, which the Law had Repofed in the Supreme Governor, and was therefore a SDtbt due to the Nation 5 and that Petitioning for a Per- formance of that Truft, could not be Criminal. Thefe Arguments were, by Standers-by, Deemed a Reafon- able and fufficient Defeyice, for the City $ but no Defence would be heard $ for the Judgment was before Agreed on, and the Judges, without giving Reafons, gave, for the King, a Capital Judgment, viz. That the City's Franchife, ofZSfitig a Corpo- ration, fhould be Seized into the King's Hands 3 Which was Admitted, by all Sides, to be the fame Thing, as to Diflblve, or Oufr. them of their Life or Being 5 and the King A died as if their Being was Extinguished 5 for he Nominated and Ap- pointed the Mayor, Sheriffs, and Aldermen. But when the Ra^e and Oppreflion of thofe Times was Re- moved, the Judgment, in this ghio Warranto, was, by an Act of Parliament, Condemned, as an Illegal Proceeding, and made Void ; CONSTITUTION. 6n Void ; and, confequently, Jujike, Cruelty, and Folly, were Ch.rged upon the Profecution, and efpecially upon that Enor- mous Breach of the Conilitution, and the Law of the Land, whereby the Right of 'Petitioning was Infringed, and the ElTence of the Legiflature Attempted. The Reafon why the Judges gave, in this Cafe, a peremptory Judgment, without aligning Reafons, was, becauie it was Re- membred, That in the Bufinefs of the Ship-Money, and other fuch Illegal Judgments, there happened many Impertinences, X °'' ' !['_ Incongruities, and Infolencies, in the Speeches and Orations of the Judges, as OrTeniive and Scandalous, as the Judgments and Sentences themfelves 3 Infomuch that, in thofe Times, many fober Men Departed, extremely Offended and Scandalized, with the Grounds, Reafons, and Expreffions of thofe, who Inflicted the Cenfures : And therefore Silence was, in this raonftrous Cafe, contrived, to Avoid thofe Inconveniencies : And, to this Matter, it may be Added, That Sir George Jeffreys, late Re- corder of London, had, during his Office, made a Progrefs in the City's Oeconomy, like that of a Diligent Spy 3 for he it was,Echarj 144. that furnifhed the Duke of Tork, with Materials and Inllructions to form this Profecution for Gaining the City's Charter 5 for to that Service, was owing his Preferment. Whoever Reads Sir Robert Sawyers Argument in this great Cafe, mull obferve what Imperious Triumphs he Railed upon Sir George Trebys Argument, as if the fame were a mere Bundle of Im pertinencies 3 But in fo fhort a Time, as Five Years, and Six Months, Sir George Triumphed over Sit Robert, by Retort- ing upon him his own Arguments, and from them proved, That the Seat of his Ma jelly's Government was Vacant, foraf- much as the Law had Repofed a Trull in the Highefl Magi- flracy, and had Annexed a Tacit Condition to that Trull, and had provided that the Trull, if Broken, mould be put into fafer Hands 3 the Force whereof, Sir Robert could never Anfwer : which (hews, the Foundation on which he Raifed his Tri- umphs, in Overturning the City's Rights, was Sandy and Un- found. SECT, 612 The BRITANNIC SECT. XXVII. II. A S to the Profecution of the Zealots for providing a fufficient Defence againft Popery, and Arbitrary Power, and infilling, That that £>cfetlf t ought to be made by the CuluGoil of a Popifi Succeffor 5 The Duke, and his Romijb Cabal, carried it on with a Cruel Carnage 3 but it is material to take Notice only of Two Inftances of their Slaughter, viz. Of Lord Rujfell, and Mr. Sidney. As to Lord Rujfell, the Treafon Charged on him, was a Confpiracy to Compafs the Death of the King 5 but the Proof of the Overt-Facl: of that Treafon was, That Lord Ruflell Walked in a Room in Shepheard'5 Tavern, Tajling Wine, when Treafon able 'Difcop.rfes and Confutations, between Two other Men, Rumfey and Fergufon, c PaJfed at a Table in that Room 3 But none of the WitnefTes could fay, That Lord Ruftell did, by any Overt-Fatf, Either in Speaking, or Confenting to, or Approving, or Abetting thofe Proceedings or c Difcourfes, or fo much as that he Heard what Pajfed, but only, that he might Hear. This Evidence might have been fufficient to prove Mifprifion of Treafon, but not High Treafon 3 however, in order to Reach this Great Man s Blood, in Revenge for his Carrying up the Bill of Exclufion, the Profecutors Confounded the very Species of Treafons, and all Diftin&ions between High Treafon, and Mifprifion of Treafon 3 And the Judges, who pretended to be cf Counfel for the Prifoner, in Matters of Law, did not Inform the Jury of that Diftin&ion ; and fo this Great Man was, by a pack'd Jury, Compofed of Tradefmen, who had no Freeholds in London, where this Lord was Tried, Convicted, Condemned by the Court, and, by the King's Warrant, Executed. SECT. XXVIII. A S to Mr. Sidney, he was Tried at the King s-Bench- Bar, before Jeffreys, Chief Juftice, Withens, and Holloway, by a Middlefex Jury, The CONSTITUTION. 6\^ The Treafon Charged on him, was, For Comparing and Imagining the Death of the King $ and the Overt-Fact of that Treafon, Charged in the Indictment, was, That Sidney did Compofe and Write a Libel, wherein he AlTerted thus, The 'Power Originally, in the 'People of England, is Delegated to the Parliament 5 He ( Inuendo King Charles ) is fubjeft to the Law of God, as he is a Man 5 To the People that makes him a King, inafmuch as he is a King; The Law fits a Me a- fure unto that Subjection, and the Parliament are Judges of the particular Cafes thereupon Arifing 5 He mufi be Content to fubmit his Interejl to theirs, Jince he is no more, than any one of them, in any other Refpett, than that he is, by the Confent of All, Raifed Above any other : If he doth ?2ot like this Condi' tion, he may Renounce the Government. But the Indictment did not Alledge one Word of Publiping the Libel. The Proof of this Libel was made by one Witnefs only, who, by a Warrant from a Secretary of State, Broke open Sidneys Study, and found there this Libel j and then as to his Writing it, that could not be proved, but by Similitude of Hands. The King's Sollicitor General, Mr. Finch, Argued for the King, That the Matter of this Libel, and the Writing of it, was an Imagining how to Compafs the Death of King Charles II. and the Writing it, was an Overt-Fad of that Treafon 5 and that Scribere eft Agere : He Urged with Vehemence, That Imagining the Death of the King, is a Fad of the Mind, and is Treafon, even whilft that Fad Remains Covert in the Mind, although no fuch Treafon can be punijhed, becaufe there is no Way to prove that Covert-Fad 5 But when once there is an Overt-Fa^i, that is, Any thing that does manifefl and prove that Covert-Fad of the Mind, the Law takes hold of it, and puni/hes it, as High Treafon. Collonel Sidney made a Strong Defence ( if any Defence would have been heard) : He infilled, That the Libel (if it had been well proved, which he denied it was ) did not contain any Q.cj q q c| q cj Matter, 6i4- The B R I TANNIC Matter, Jloewing any Intention or Imagination to Compafs the Death of King Charles 3 For, I. As to the Firft Sentence, That the Tower Originally in the Teople of England, was 'Delegated to the Tarliament 3 he faid, That Ajfertion was evident 5 for the Parliament Confijled of the King, Lords, and Commons, and whatfoever Power was in the People (if they ever had any) was, donbtlefs, Dele- gated to the Parliament 3 or, however, if it were Queflionable, that Pofition was no more, than what was written in the Law o£ England; for, by the Statute of 25 H. VIII. cap. 21. it is Declared, That this Nation is free from any Mans Laws* but fuch only, as had been Dev'ifed by the Teople, and Origi- nally Ordained and Ejlabliflied by their Confent 3 which Con- fent of the Teople, could not be given, but by their Reprefen' tati-ves, to whom they had Delegated their Tower to give it in Tarliament : And further, That this Tojition was proved by the Common jfCJfll of Afls of Tarliament, which runs thus, Be it Enacted ( or made a Law ) by the King's Moft Excellent Majejly, by a?id with the Confent of the Lords Spiritual ami Temporal, and Commons, in this prefent Tarliament Affembled, and by the Authority of the fame ( i. e. The fame Parliament, of which the King is a Part ) for the Word Authority, naturally Imports a Derivative Power, proceeding from fome Original '$ And as to the Commons, their Authority is Vifibly, and Lite- rally, Derived from their Conftituents the People, who Elect and Impower them 5 For the Original Writ of Summons, and the Law or Conflitution, require the People to Elect and Im- power their Reprefentatives, to do fuch Things in Parliament, as {hall be requifite to be done, touching the State of the King- dom, and to pay them Fees for their Service : And as to the King, and the Lords, their 3ttttt)02ttp mull: therefore neceflarily be Derived from the fame Conflitution, and the Law of the Land 5 for to Derive one Part of a Joint Authority from one Original, and another Part of that Joint Authority, from ano- ther Original, is not Conceptible. Sidney Argued, That all the Rights, Towers, and Trero- gatives of the King, are Derived from the Laws of the Land, and deemed as Tart thereof 3 but no Law of the Land was ever Made, or Ordained, but what was Devifed by the Teople, and Originally Ordained by their Confent : Ergo 5 All the Kings Power CONSTITUTION. 61$ Power was Derived from thofe Laws Jo Devifed, and fo Or- dained. He Urged, That this Argument was proved by the fa'id Statute ef tj H. VIII. wherein ir is Declared, That the King, Lords, and Commons, in 'Parliament dffembled, do Re- present the whole ^Dtatf of the Realm 5 and that They only, have iD0B3?C to Make and Alter Laws \ And, confequently, that Stature hath Excluded all Notions of other Eflates, or Dfijcr f.orocrs. Note, The Truth of this Pofition Appeared and Prevailed juft at the End of Five Years ; for when the People had, for Breaches of the Original Trull, Repofed in the Kingly Office, Withdrawn, or Taken back, their Power, The Kinp, or his furious Minifler Jeff} eys, had none JLtfh As to the Claufe, That the King is fubjefl to the Law of God, whether as a Man, or a King, he hoped, that there was no Crime in that Aflertiort. As to that Claufe which fays, That a King is fubject to that People which makes him a King, inafmuch as he is a King 5 Sidney Infilled, That that Claufe was Nonfenfe 3 for to fay y That a People mould make a King, or Supreme Governor, to Govern them ; and yet to fay, That he mufl be Subject to> or be Governed by them, was a fenfelefs Contradiction in itfelf, and of no Force, and ought to be Treated as fuch. As to that Claufe which lays, The Law fets a Meafure to that Subjection 5 Sidney Infilled, That the Meaning of thofe Words was Am- biguous and Uncertain 5 for, if it meant the Subjection of the People to the King, then it was true 5 for the Law obligeth Obedience to the Supreme Governor 5 and if the People Difobey in any Thing, where the Law doth not oblige, it is no Crime 5 For where there is no Law, there can be no Tranfgreflion 5 and if thofe Words mtifi be (trained to mean a Kings Subjection to the People, it was a TSon-entity, and Nonfenfe, and could mean Nothing ; for there being no fuch Subjection, there was not, nor could be, any Law to Meafure it. As 616 The BRITANNIC As to that Claufe which fays, That the '-Parliaments are, Judges of the particular Cafes thereupon Arijlng, He (meaning King Charles) mujl be content to fubmit his Intereji to theirs^ Jince he is no more, than any one of them, in any other RefpeB, than that he is, by the Confent of All, Raifed above any other {i.e. above All) 5 Sidney Infifted, That the Connexion of this Claufe to the loft, is fo Clofe, that this mujl be Senfe or ISonfenfe, according to what That is taken 3 for, doubtlefs, the Supreme and Ultimate* Judicature in all Cafes, Arijlng upon Joints of Law, and c Pro' fecutions of the Subject, touching his Subjection, is, by the Law i fixed in the Parliament, of which the King is a Part. And as to the King's Submitting his Intereft to the Intereft of his Peo- ple, Sidney Infifted, That it was ImpoJJible that a King of England could have any Intereji fparate from, or contrary to, That of his People, or that he could have any particular Intereji which could be put in Competition with the General Intereji of his People 5 but that if he had, it could not be an Intereji in his political Capacity, as he was King, but fome other private Intereji 3 and therefore it could be no Crime to fay, fuch a parti- cular Intereji ought to be Submitted. As to that Claufe which fays, If he (meaning King Charles) doth not like this Condition, he may Renounce the Government 3 but if he receive it upon that Condition (as all Magiftrates do the Power they Receive) and Swear to perform it 3 he muji Ex- pets the Performance will be Exacted, or Revenge taken by thofe whom he hath Betrayed 3 Sidney Infifted, That all the Words of the Book contained no more than General Speculations of Governmoit, and free for any Man to think of, and write down, efpecially fince the fame are written in the Parliament Rolls, and in the Statute-Laws 5 For in thefn it is written, That a King of England is the Su- preme Magiftrate, and Intrufted with the Executive Part of the Laws, to which Royal Trujl there is a Tacit Condition An- nexed, to Enforce the Performance of it 3 and that he, when he Aflumes the Government, Accepts it upon that Truft, and with that Tacit Condition to perform it, by Entring into the Original Contract, and taking his Coronation Oath : And thai CO N ST IT U T 1 N. 6i 7 that All thefe Notions of Government are written in the 'Pro- ceedings againft the Kings, John, Henry III. Edward II. Ri- chard II. and Henry VI. and their Minifiers j or, however, that the Treafon, in this Cafe, ought to be manifefi, pofitive, and direff, to compafs the Death of this prefent King Charles II. in particular ; and not to be Applied by Conjectures and Inuen- do's, to that End or Purpofe ; for elfe the Statute of 25 E. III. to Reduce Treafons, to the Treafons there Exprejfed, in Order to confine the Judges to thofe Species's, was made in vain. Sidney Argued, That if a Writing fays, That the Power Originally in the People of England, was 2>flCgat£t) to the Parliament 5 or, that the Law fets Meafures to Subjection 5 or, that the Parliament are judges, of particular Cafes Arifing upon the Law 5 or, that a King muft fubmit his particular Intereft, to the general Intereft of his People 5 or, that if a King Diflikes the Government of England, or the Trulls or Conditions of the Kingly Office 5 he may Renounce it : It would be Conjectural and Unjuji to apply, by Inuendo's, thefe General Ajfertions concerning Monarchical Government, as Overt-Faffs to prove the Writer was Imagining and CompaJJing the Death of King Charles II. for then no Man can think or write of Things done by our Ancejlors, in Defence of the Con- Jlitution and Freedom of Britain, in former Times, without the Danger of Conjectures and Inuendo's to mean the prefent Times. Collonel Sidney made a Defence from the Words of the Sta-- tute of Treafons of 2 5 E. III. which are thefe 5 Forafmuch as divers Opinions have been, in what Cafe Treafon Jhall be faid, and in what not 5 It is Declared, it JJoall be Treafon, when a Man doth Compafs or Imagine the Death of the King, and be Attainted by Proof of fome Overt Faff thereof &c. He Argued, That this Affirmative Declaration being made to Refolve Doubts, doth infer the Negative, that no Covert-Faffs JJoall be faid or Adjudged Treafon : He therefore Argued, ' That the Word ' Overt-Fa ff, was Inferted as the Oppojite to a Covert-Faff 5 ' and Jince there might be Faffs of both Sorts, the Statute made a * Dijiinffion between them, as the Membra Dividentia 5 but the * Overt-Faffs only, were made Treafon, and Covert Faffs are not i made Treafon. Rrrrrri He 6i8 The BRITANNIC He Infifted, That the Word Proof was Inferted as the Op- pofite to Conjectures 5 and therefore the Words Scribere eft Agere is not a true Rule, but Scribere & Publicare eft Agere, was a true one 5 That, in this Cafe, there was no •Publication, no Opening, or Imparting the Writing to any other Perfon 3 but, on the contrary, it was a Covert-Faff, never Opened, or Im- parted to any Perfon 5 and was Lock'd up in his Study, and lay there as Covert from any Man, as if it were Lock'd up in his Mind. He Argued, That the Conjectural Proofs That the Writing in §ueftion, was like another Writing, which Sidney had really written ; and from thence to conclude and believe, That the Writing, in §ueftion, was written by him, was Conjectural, and not a pofitive, clear Proof of a Faff, to take away his Life. Sidney Argued, That there was no Proof of the %\\\\Z when the Paper, in Queftion, was written ; and Jince the Time did not Appear, that it was reafonable to prefame, that That Pa- per was written before the Aff of Oblivion, in the Tear 1660, or, at leap;, before the Aff for a General Pardon, in the Tear 1673, was pajfed $ becaufe, when Quejlions, in Cafes of Blood, fland in Equilibrio, or Equidubious, the moji favourable Con- ftruffion, in Favour of Life, ought to be preferred before a Conjeffural Conftruffion to take away a Man's Life. Sidney's Defence was, in the Opinion of Standers-by, fuffi- cient $ but Jeffreys, without Troubling himfelf with any Part of the Defence, Declared, in furore, That Conjeffural Proof was fujficient 5 and that therefore the written Paper, in §ue- jiion, was, by Similitude of Hands, well proved $ and that the Matter of it was to compafs King Charles's T)eath, and that it was to be pre fumed, to be written lately 5 and that it could not be otherwife Underjlood, becaufe Sidney's Principles led him to it. Sidney thereupon was, by a pack'd Jury or Men, that were not Freeholders in Middlefex, found Guilty of High- Treafon, and Condemned, and Executed, SECT. CONSTITUT ION. 619' SECT. XXIX. THE Attainders and Executions of thefe two Great Men, when the Law, and Juftice were Reftored, were, by Act of Parliament, Condemned as Unjuft and Partial, and were Annulled and Made Void, as Illegal Ads of Arbitrary Power. Thefe bloody Proceedings, had the projected Effect 5 the King's Conquefts over the Nation's Liberties, were carried on with Rapidity 5 the People were Intimidated 3 the City of London Subdued, and Mayors and Sheriffs were Impofed 3 all other Cities and Boroughs, offered up their Charters and Liberties as a Sacrifice to the King's ( or rather the Duke's ) Abfolute Will and Pleafure 5 The Wi)\% flatty, and their Power and Influence, who, in Fact, were the Party mod Jealous of the Lofs of the National Freedom, and of the Original Form of Government, and for that Reafon, had been Immeafurably Burlefqu'd, as Factious and Seditious, were fo Broken and Di- minifhed, that hardly any fuch Thing feemed to Live, or have a Being, and the King's Power ( or rather the Duke's ) was in its higheft Exaltation. But thefe Arbitrary Proceedings did ( as it proved ) Treafure up Difcontents and Averfion, againfl the Day of Defertion and Expulfion : However, in this Height of the Duke's Victories and Triumphs, he caufed a Declaration, or rather an Exultation, of his Glory, to be Drawn up in a Pompous Stile, and Printed, wherein it was mentioned, That the King's late Saccefs in Attaining the 'Power he was poffejfed of, could be Equalled only by that of his Rejloration 5 That in his Proceedings to this Station, he had met with fo many Tejli- monies of Love and Zeal, from all T)egrees of Men hi the Na- tion, that though fome had fwerved, yet his Indignations and Refentments, were Overwhelmed by the Comfortable Remem- brance of the far Greater, and Better, Number of thofe, who had flood by him 3 That he had Reafon to Acknowledge, the Main Body of the Nobility and Gentry, had fo done 3 fo had the Sound and Honeft 'part of the Commonalty 5 fo the great Fountains of Knowledge and Civility, the Two Univerfities 3 fo the Wifefl and moji Learned in the Laws 5 fo the whole Clergy, and all the Genuine Sons of the Church of England 3 That 62o hake the Foundation of Parliamentary Rights and Privileges. 3. To punifb the Writers againjl Arbitrary Power and Popery. 4. To CONSTITUTION. 627 4. To ajfumeaPower to Difpenfe with (i.e. to Unmake) all the Tend Laws touching Religion. 5. To Introduce into the Army, Popifli Officers, into Courts ofjufiice, Popifli 7«%m, into the Privy-Council, Popifli &W* fellors, and into Colleges in the Univerfities, Popifh Heads and Fellows 5 and, by degrees, to Root out the Proteflant Relhion and Eiablifh the |3opHlj> In Purfuance of thefe private Refolutibns, King James, imme- diately after his raoft Kind and Affectionate Brother's Death, in a Speech to the Privy Council, which he foon after Re- peated from the Throne, to his firft Parliament, deliver'd thefe Words 5 I pall make it my Endeavour to Preferve this Government, loth in Church and State, as it is now by Law Eflablped : I pall always take Care to SDCfrUt) and Support the Church of England : As I pall never Depart from the Jujl Rights and 'Prerogatives of the Crown, fi I pjall never Invade any Mans 'Property : I pall go as far as any Man, in Preferving this Nation, in all its. ^Uft Rights and Liberties. This Speech, at the Inftance of the Privy Council, was, by the King's Orders, forthwith Printed and Publifbed 5 which be- ing laid as a Foundation ( as the People imagined ) of his in- tended Government, there may be properly oblerved, a Parallel between the Behaviour of the Lords and Commons, to Kinjt)Ct, Licenfe the Printing that Narrative ; and that therefore the SDCfettCC Charged on Shower's him, was not his Act, but the Act of the Houfe of Commons, R.ep. 4-1. anc [ was c g n j za ble only in Parliament, and therefore demanded the Judgment of the Court, Whether they would AlTume a Ju- rifdiclion to Hear and determine the Matter of this Profecution ? Upon which Plea the Attorney-General Demurred -, and when the Pleadings were Opened, in order to be Argued, the King's Council taking an Exception to the Form of the Plea, the Court prevented them, faying, They would not 'Delate the Formality of fuch an Idle, Infignificant 'Plea 5 but called on the Defen- dant's Counfel, to fhew what they had to lay, as to the Sub- ftancej Whereupon Mr. Pollexfen, of Counfel for Mr. Williams, began, The Court of Parliament, &c. But the Chief Juftice "Jeffreys, in furore, laid, A Court do you call it ? Can the $)$)lt °f CONSTITUTION. 629 of the Houfe of Commons Jujlify this Scandalous, Infamous, Fla- gitious Libel, Sec. ? Mr. Tollexfen then faid, / have no more to fay, Sec. And fo the Court gave Judgment for the King : And afterwards, in the Year 1686, Mr. Williams, the ^>ptflftC£, was Fined 10,000/. And thefe Proceedings are Entred on Record, as of Trinity Term, Trimo of King James II. Rotulo T'rimo. Thus was the Parliament, and its Privileges, Treated, in a Manner, worfe than King Charles I. Treated them : Inas- much as this Stroke at the Speaker, was a Stroke, not at Single Members, but at the whole United Body of the Commons of England; Which is no fmall Evidence, that this Chief Juftice Apprehended, he mould fee no more Parliaments, or, at leaft, no more Free ones. Soon afterwards, the Writers againfl Arbitrary Power, and Popery 5 to wit, Mr. Samuel Johiifon, commonly called Julian Johnfon, who wrote an Addrefs to the Protectants in the Stand- ing Army at Hounflo'W Heath, Encamped there, to Support the Difpenfing Power, and the High Commiffion Court 5 wherein Mr. Johifon Expofed the Dangers to the Conftitution and Free- dom of England, from the Illegality of that Service 5 and alfo Mr. Baxter came under the Implacable Rage of this Reign : Mr. Johnfon was Whipp'd more Inhumanly, than Oates and jDangerfield 5 and Mr. Baxter was Profecuted, and Exceffively Fined. SECT. IV. THE Wretched Attempt of the Duke of Monmouth, becomes memorable only in the Cruel Shedding of Blood, after the Suppreilion of it 5 The Manner and Quantity of which, Ex- ceeded all the bloody Proceedings, in the feveral Viciflitudes between the Houfes of Tork and Lancafler. This Invafion (Lame as it was) gave King James the Oppor- tunity to Raife, and the Pretence to Keep, a Standing Army, wherein /his Majefty did, in open Violation of the Act of Par- liament Difabling and Excluding from all Places of Truft, the Roman Catholich, neverthelefs, Imploy and Intruft as Colo- U u u u u u u nels 6^o The BRITANNIC nels and Captains, many Papifts 3 which Army, Commanded by fuch Officers, Created Fears and Apprehensions, that were likely, in the Approaching Se/Tion of Parliament, to occafion Heats and Expostulations. The Second SeiTion of this King's Firfl Parliament, was Opened on the oth Day of November, 1685 5 At which the King, Treading in the Steps of his Royal Father, did, from the Throne, Declare himfelf, in Relation to Monmouth's Rebellion, in thefe Words -, That there is nothing but a good 5fajCC of well Difciplind Troops, in Constant 'Pay, that can T)efend us from fuch as are T)ifpofed to T)ijlurb us : My Concern, therefore, for the Safety of my Government, made me think it necejfary to Envreafe the Number, to the Proportion I have done (which was to 15000): For the Support, therefore, of this great Charge, which is now more than'T)ouble to what it was, I ask your Affiftance. Let no Man take CECCptiOU that there are fome Officers in the Army, not Qualified according to the late Tejis ( Acts of Parliament ) : The Gentlemen, I miifi tell you, have approved the Loyalty of their Principles, by their Practices 5 and I will T)eal plainly with you, That I will neither Expofe them to T)ifgrace, nor myfelf to the Want of them, if there Jloould be ano- ther Rebellion to make them Necejfary. This folemn Declaration from the Throne, in the Face of the Kingdom, then in full Parliament Affembled, was looked upon as Genuine Plain Dealing 5 it Awakened the Drowfy Peo- ple, and filled their Minds with Conviction, that King James had Retracted his firfl: Speeches, to his Privy Council, and to his Firfl: Parliament 5 had Renounced the Original 5F0JU1 of Government, and Aflumed a Power to Difpenfe with, or rather Difannul, the known Laws, and to Govern by Foreign Laws ; and had Refolved to Avow his Adminiftration, by a Standing Army 3 All which was Inconfiftent with the Truft Repofed in the Regal Office 5 And yet he expected, that the People (whom his Brother had Reduced to the Tamenefs before mentioned) would Affiil and give him Money, thus to Infidt them. This Speech produced in both Houfes, Remarks which the King was not able to Anfwer, otherwife than by SDiftfliffiUS their CONSTITUTION. 631 their Sitting at the End of Eleven Days, without having done any manner of Bufinefs. SECT. V. THE King's future Steps, after this Prorogation, were gaz'd at, as no other than as fo many Emanations of his Arbitrary Will, until the Meafures of his Mifgovernment became full ; for the King Avowedly SDCpilttCll from the known Laws, and AfTumed a Power above them, making his Will ii=j>lS Law in Government. The next Ads of this King's Adminiftration were, the Ma- king three 'Popifjj Judges, viz. Allibone of the Kings-Bench, Milton of the Common-'PIeas, and Ingleby of the Exchequer, and the Admitting four c Popif]j Lords, viz. the Earl of c Powis^ and the Lords Arundel, Bella/is, and Dover, and after that, Father Teters, a Jefuit, into the Privy-Council 5 and to Enable thefe Judges and Privy-Counfellors, to Execute thofe Offices and Places, the King granted them Difpenfations and ^Powers to Break thofe Laws, which made them Uncapable to hold them : But becaufe thele Judges and Privy-Counfellors were as Uncapable to hold thofe Places in the Courts of Juftice and in the Coun- cil, as were the Popifh Military Officers in the Army, the Common Doctrine induftrioufly fpread at Court, was, That the King's 'Power to Difpenfe with ( i. e. to Unmake ) and Vary the Laws, was Law, meaning the Imperial or Civil Law 5 for it mull be owned, That bv that Law, in Countries where it prefides, the King was the fole Legiflator, and had in him the whole Power to make new Laws, and to alter old Ones 5 there being no Difference between the Power that makes the New, and the Power that alters the Old : The Law ltfelf, had Enacted the Incapacity of the Officer to hold or enjoy the Office ; and the Penalty is impolcd on the Perion who prefumed to hold or Execute an Office, of which he was made Uncapable, contrary to this Law 5 therefore the Penalty is but Part of the Law. In Order therefore, to have this Difpenfing Power pafs for Law, King James did, as the King his Father had before done, Clarendon, in the Bufinefs of Ship-Money, irregularly, and prepofteroufly Engage the Judges to prejudge the Cafe, and agree the Judg- ment, That his Majefly might, by Law, 2Di(pen(C with (/. e. Alter 632 The BRITANNIC Alter and Unmake) all the Penal Laws againft the Diffenters 3 and this Opinion was fubfcribed by all the 1 z Judges (except Sir Thomas Street, one of the Judges of the Common-Pleas) 3 and in order to Eftablifh this Difpenfing Power, as a Standing Rule of Law to bind all Men, a iJIBOCli CflUfc was framed for one Godden a Coachman, againft his Matter Sir Edward Hales, a Popifh Colonel of a Regiment of Soldiers 3 wherein Godden, as Informer, brought his Action of Debt, upon the Tefl-Act of 25 Car. II. cap. 2. for the Penalty of 500 /. as a Forfeiture for the Colonel's holding his Office, without Qualifying himfelf, by Receiving the Sacrament, <&c. which had, for Want of that Qualification, made him Uncapable to hold or Enjoy that Office 5 and, moreover, had given to the Perfon who would fue for the fame, a Penalty of 500 /. for holding the Office after the Incapacity incurred. To which A&ion, Sir Edward Hales pleaded in Bar the King's Difpenfation under the Great Seal of England, whereby the King granted to Sir Edward, Power and Licence to Break the Law made by the Teft-Acl, i. e. had granted to him a Capacity to Hold, Enjoy, and Execute that Office of Colonel, without Receiving the Sacrament, or Taking the Tell, Non Objlante that Statute : Upon which Plea thft Plaintiff Godden Demurred. This Demurrer brought the Point in Queftion to be Argued, Whether the King could T)ifpenfe with that Statute-Law, or with the Penalty Impofed by it, or not ? It Was Argued by the Counfel, for the Defendant Sir Ed- ward Hales, in Maintenance of the Difpenfmg Power, That where Statutes concern Government only, and where no partial' lar Man can fay, he receives a Perfonal 1>aniage by the Breach of it 3 Offences aga'mjl fuch Laws, can be only to the Kings Wrong and T)amage i in his publick Capacity, as he is the Supreme- Governor 3 and therefore the King may Licence the iNon-Obfer- vance of fuch a Statute, hecaufe he, or any one, may T)ifpenfe with his own Wrong : 'That although an Offender againf fuch a Statute may be Inditted for the Breach, yet the Suit mufi be Profecuted in the Kings Name 3 and he may Defend the Offen- der^ by Granting a Noli Profecjui ( i. e. an Order to Ceafe the Profecution) fo that the Kings Power over fuch a Statute, is of fuch a Nature, That he may T)irefi the Ufe or Difufe of it, as CONSTITUTION. as he, in his Tiifcretion, JhaJl think it Ufeful to his Govern- ment 5 and that the Tejl-Afi is a Law which concerns Govern* iuent only, and therefore falls under the Kings "Power to Order it how he pleafeth. It was Argued for the Plaintiff Godden, againft the Difpen- fing Power, That the People are the Obje ft s of Government ^ and that Laws are made principally for the Safety and Welfare of the Governed ; That the People of Britain are free from all Manner of Laws, but fitch only, as they (Exclufive of the Kina} fiall Devife and Choofe to be Governed by 5 They only can intro- duce them into Parliament, where the fame are to be made and paffed into Laws, by the joint Authority of the Peoples Represen- tatives, who are the King, theLords, and the Commons in Par- liament Affembled 5 That the King as Supreme Governor is In- truded as a Trujiee for the People to Execute thofe Laws for their Benefit, but is not Trufied with a Power to Execute, or not to Execute them at his Pleafure, much lefs with any Power over the Authority that made them, Jo as to T)ifpenfe with, or Unmake them lecaufe the People are Inter e fled in them, and in the Trull', to Execute them 5 but fitch a Power as is Contended for, would cut up by the Roots the Authority of all the National Laws ■ for the fame Authority that made the Law in Queftion, made all the Refl ; fuch a Conjlruftion therefore would be to make the Laws Ufelefs, and impower the Prince to make his Will i^jg Law in Government ; That the Non-Obfervance of the Statute in ghtejlion, can be no Wrong or "Damage to the King, when the Breach is hy him himfelf Authorized 5 but the Breach mufi Wrong and Damage the People, becaufe they, for their own Safety, againjl a Popijh King, T)evified it 5 and the fame was, by their Confent and joint Authority, Ordained 5 and therefore the King could have no Power to Invalidate fuch a Law. Upon thefe Arguments, the Judges of the Court of Kings- Bench, viz. Herbert Chief Juftice, Holloway, Withens, and the Popifh Judge Allibone, Afted the Parts of Strangers to this Conftitution, and Refolved (as they faid, with the Concurrent Opinion of all the other Judges, except Street and Powel) thefe four Points to be the Law of England, viz. \ . That the Kings of England are Abfolute Sovereigns. i . That the Laws of England are the King's Laws. 2 . That the King hath Power to Difpenfe with all Laws, touching X x x x x x x Govern- 6 3 4 The BRITANNIC Government, whenever he fees 5|^fCCf(ttj> for it, and that he was the file Judge of that Neceffity 5 And, 4. That no Aft of Tar It anient (although the King gave the Royal Aflent thereto) could take away that Ttifpenjing Tower 3 and that the Teft-Aft was a haw that Endeavoured to take away that Tower. This Judgment is Entred upon Record Termino Tafche 2 ^ac. II. Rotulo 180, and is reported in Shower's Reports 475. and was Accounted a Toint of Law Adjudged and "Deter' mined. The Wildnefs of thefe Pofitions or Reafons need not be Ex- pofed in worfe Colours, than the Mercenary Refolutions them- felves do Expofe them 3 for if the Giving this Judgment, and the Reafons on which it was founded, were not High-Treafon in Endeavouring to Alter and Subvert the Fundamental Form of this Government, which the Conftitution had made Unalterable, then there never was any fuch Endeavour, nor can be, neither hath Britain any Conftitution, or any Laws to be Subverted, but fuch Laws only as Depend on the King's Will, and on the Breath of his Judges. SECT. VI. THIS King Exceeded the Proceedings of his Royal Father, by Erecting a High Commiffion-Court for Ecclefiaflical Caufes, in direcl: Defiance of the Ads of Parliament whereby thac Power was Abolifhed 3 and by that CommiiTion he brought the People under more grievous ^CffUtCS from this new Ereded Court, than they had fuffered under the old one, before its Sup- preffon. Some Writers have Afperfed this new Court, with the odious Charader of a Court of Inquijition, and it was uncjueftionably an Attempt to fubvert the Conftitution of the Church of Eng- land, and to lay Wafte all its Fences againft Popery 5 for the King obferving, That the Protectant Clergy were at laft Rouzed, and Couragioufly met, and from the Pulpit Engaged the Tor- rent of Popery 3 his Majefty fent out his Order, by Way of a Letter, Directed to the Bifhops, prohibiting the Clergy to preach on Controverted Points of Divinity. The CONSTITUTI N. 635 The Bifhop of London was, by the High Commiffion-Court, Sufpended for not Sufpending Doctor Sharp Rector of St. Giles's (without Hearing the Doctor, either upon a Citation or Admo- nition ) for Maintaining in his Sermons the Proteftant Do- ctrines againft Popery 3 and when the Bifliop offered to Defend himfelf, the Court told him, They 'would not hear him, Alledg- ing, The King was to be Obeyed. The next Effort of the King's Power over the Constitution in the Church, was his Mandatory Letter to the Univerfity of Cambridge, Commanding them to admit Alb an Francis, a Benedictine Monk, to the Degree of Mailer of Arts, without Adminiftring to him any Oaths, required by any publick or private Law, or Statute ; and the High Commiffion Court fuf- pended the Vice-Chancellor, for Non-Compliance. But the mod furious Act of Power, fell on Magdalen Col- lege in Oxford 5 for upon the Vacancy which happened by the Death of the Prefident, the King fent down a Mandatory Letter to the Fellows, Requiring them, To Ekcl one Mr. Farmer, an Immoral Man, and a fufpected Papift, to be their 'Prefident 3 but the Fellows Lodged in the Hands of a Secretary of State, a f^£tltt0n to the King, Reprefenting, That, according to their Founder s Statutes, Farmer was Uncapable of that Office, and praying his Majefly, Either to Leave them to Obferve thofe Statutes, or to Recommend fome other c Perfon that was, accord- ing to them, duly Qualified; But the Anfwer was, The King mufi be Obeyed. The Fellows, on the laft Day of the Time limited for their Election, Elected Doctor Hough to be their Prefident, accord- ing to the Founder's Statutes, who was Admitted and Sworn in, by their Vifitor. The Kins being Enraged, Renewed the High Commiffion, Adding to the former Commiffioners, fome of his Judges, and granting therein, a Vifitatorial Tower over the Colleges in both Univerfities : Thefe new Commiffioners, Deprived Dr. Hough, and the King Retracting his former Mandate, fent a new one, Requiring the Fellows To Ektf; T)o£for Parker, Bifhop of ^ Ox- ford, to be their Prefident 3 and for Non-Compliance, fome of the Commiffioners were fent down to Oxfcrd, where they In- ftalled The BRITANNIC Called a Proxy for Bifhop 'Parker, and, by jfOJCf , Broke Open the Piefideht's Lodgings, and put him in PolTeffion ; and, more- over, they Deprived and Expelled Twenty-five of the Fellows, for Refilling to Sign a Paper, Teftifying their Submijfion to this new Impofed Prefident. Thefe Proceedings were an Evident Subverfion of the Confu- tation in the Churchy and dear Experience convinced (though late) the Bifhops and Clergy, That it was equally Abfurd and Vain, to Imagine, That a Popifh Head would Govern a Pro- teftant Church, by any Counfels, but thofe of Popifh Priefts, as it was to Imagine, That a Popifh King would Govern a Proteftant State, by any Counfels, but thofe of Popijlo Coun- felloirs. SECT. VII. THE King alfo IfTued out a Proclamation in Scotland, for Liberty of Confcience in Religion $ in which were Inferted, thefe Imperious ExpreiTions, That his Majejiy thought Jit, by his Sovereign Authority, Prerogative Royal, and Abfolute Power, which all his Subjects of Scotland were to Obey without Referve, to Grant his Royal toleration, &c. and to Sufpend and T)ifpenfe with all Laws that were Contradictory. As King Charles I. had, by the Book of Sports, Difpenfed with an Acl: of Parliament, fo King James II. in April 1687, Publifhed his Royal Proclamation for a Toleration in England ^ in which his Majefly was pleafed to be more fparing in Words 5 but did thereby declare, That he, by Virtue of his Royal Pre- rogative, did fend out that his declaration of Indulgence, to Protejlant T)iffenters, Sec. And that it was his WL\W. and Pleafare, that all Penal Laws, Contradictory thereto, fiould Stand and be Sufpended, &c. This King, following the Example of his Father, Exercifed Martial Law in Time of Peace, which Raifed great Clamours, in Regard the late Acts of Parliament had Declared thofe Pro- ceedings Illegal. The King caufed an Imperious Order to be IiTued out, Dire- cted to the Bifhops, Requiring them to 'Dijlribute his 'Decla- ration, for jDifpenfing with the Penal Laws, to their Clergy, and CONSTITUTION. 6?- and to order them to Read the Jame, in all Churches, in the Time of 'Divine Service : But the Bifhops, and their Clergy, Juftly ghiefiioned the Legality of the Thing Commanded, and Deemed the 'Power, on which the Toleration was Founded, to be, not only a Difpenfing, but a Difannulling Power, tend- ing to a Total Subverfion of the Original Form of Govern- ment. Seven of the Bifhops therefore Petitioned the King, Praying his Majefty, Not to Injjft on their Dijtributing and Reading the Declaration, Repreienting, in the molt Humble and Mo- del!: Manner, their Reafons for that Recjueft, viz. That the Toleration Specified in the Declaration, was Founded on fetch a Difpeniing Power, as Affefied the whole Nation, both in Church and State, and which had been often Declared in Parliament Illegal 5 and that therefore, they could not, in Confcience, make themfehes fo far Parties to it, as the Dijlribution, and folemn Publication of it, once, and again, in the Time of Divine Ser- vice, would Amount to. This King's Perfonal Conferences, firft with the Fellows of Magdalen College, and next with the Seven Bifhops, deferve a fpecial Remembrance : which happened thus 5 His Majefty parted through Oxford in his Progrefs, on Purpofe to mew his Refentment for the Fellows Refilling to Obey his Mandate to admit Bifhop Parker to be their Prefident 5 and for this End his Majefty fiercely told them, That they had not Dealt with Echard 144. him like Gentlemen, and had done very Uncivilly and Unduti- fully -, and when they offered their Petition upon their Knees, he refufed it, and faid, They were a Stubborn, Turbulent Col- lege, that had Affronted him 5 and asked, Whether this was their Church of England Loyalty ? He proceeded, and faid, Go Home, and Jloew yourfelves good Members of the Church of England 5 Know I am your King 5 I will be Obey 'd : I Com- mand you, to go and admit the Bifoop of Oxford; Let them that Refufe, know, They floall feel the Weight of their Sovereigns Difpleafure. As to the Seven Bifhops, when they prefented their Petition, of which no Perfon knew the Contents, before it was delivered into the King's Hands, his Majefty, upon hearing it Read, faid, in great Wrath, He could not Believe it 3 he could not Expetf fuch a petition from the Church of England : He told them, Y y y y y y y // 6 3 8 The BRITANNIC If he Changed his Mind, they fioould hear from htm ; If not, he Expected his Command fiould be Obeyed : Adding, That he was their King, and thy fiould feel what it was to THfobey him. When the King Expected the Duke of Somerfet, as Lord Chamberlain, to Aflift in the Introduction of the Pope's Nuncio, at Windfor, the Duke told his Majefty, That he could not ferve him upon this Occafion, being ajfured it was againjl the Law 5 but the King Replied, T)ont you know, that I am Above the Law$ the Duke^Anfwered, If the King was, He (the Duke) was not. Thefe Expreffions from the King's own Mouth, wrought in the People's Minds, greater Fear, Averfion, and Difcontent, than any thing that IiTued from the Mouths of his Minifters. SECT. VIII. A T this Juncture, it may be fuppofed, That the Church of England, by their Reprefentatives, the Bifhops, put the King ( or his Minifters, who Informed the King ) in Mind of their Doubts, That his Majefty had Miftaken the true Object of the Doctrine of < PaJJi ! ue Obedience 5 forafmuch as when the Church of England Divines Preached, with fo much Zeal, that Do- arine, they meant, That the iDDjcrt Intitled to that Obedience was, A King of England, Governing according to the Laws of England; but if it fhould be Interpreted, That the Clergy of the Church of England meant, That a King of E^ngland, who Departed from the Laws ok England, and Governed by the Laws of France, or by the Imperial Laws, or by any other Foreign Law, which makes the King's SOtU the Law, was the Object Intitled to the 'PaJJi've Obedience they Preached 5 fuch an Imputation would make the Clergy the moft Depraved of Mankind 5 for fuch a Conftruction would make them, not only Enemies to their own Rights, and to the Rights of their Fellow Subjects, but Abufers of the Word and Commands of God himfelf, in Preaching away this happy Constitution, by which all Mens Rights are fecured 5 and therefore fuch an Inter- pretation of that Doctrine, was a Miftaken and Groundless Jfperjion. King CONSTITUTION. 6 39 King James's Debafing the Dignity of the Crown, by Wav-* ing the Supremacy and Sovereignty of this Kingdom, when he fent to Rome an Ambaffador (the Earl of Cajilemain) to Tender his Obedience to that Bifhop's See 3 and his Majefty 's Receiving from thence a Nuncio, Created many Untoward and Angry- Speculations. The Completion of the King's inflexible Refolution to main- tain that Authority, his Judges had Declared for him 5 which his Majefty faid would become contemptible, if he fuffered fuch an Affront from the Bifhops, as their Petition, to pafs Unpu- nished 3 I fay, the Rage of the Times, ilTued into a violent Pro- fecution of the Bifhops, in which the 'Petition was Charged to be a malicious and feditious Libel, to Oppofe the King and his Government 3 That it Injured and Affronted the King to his Face 3 That it cenfured the King and his Government, and prefumed to prefcribe to him their Opinions, in Matters of Go- vernment 3 That there is not any one Thing, the Law is more Jealous of, than Accufations and Arraignments of the Govern- ment 3 That the 'Petition cenfured the King, as if his Govern- ment were ill Adminiftred, and tended to fet the People on Defiring a Reformation, and that therefore his Majefty Refented their Ufage, fo far, that he had Ordered and thought fit to have a Publick Vindication of his Honour, by a Legal Profeeution for fo high an Offence. The 2>£fCttCC which the Bifhops made, was to this Effect, That the Constitution of the Government had given to every Subject this fpecial Right, That if the King Commanded a Thing to be done, which the Subject conceives to be Illegal, he may Petition the King, and therein inform him of the Reafon, why he cannot obey that Command, (provided thofe Reafons are true) 3 That a Power to Difpenfe with, or fufpend Laws, was as much a Part of the Legijlature, as the Power to make Laws 5 for when a Law is Sufpended, the Obligation of it is taken away 3 That by the Conjiitution of the Government, the Legislative Power was Vetted in the King, Lords and Com- mons Jointly 5 That the declaration in Quejlion, being founded on the King's Part only, without the Confent of the two Eflates of Lords and Commons, could not be Legal, neither could the Bifhops have any T)ejign to T)imini(h the King's Power, Au* thority, or Prerogative, becaufe he had no fuch Power, Autho- rity 6+0 g-be B R I f A N N I C rity, or Prerogative to controul the Laws : And thereupon, this Caufe being tried by an honeft Jury, the Bifhops were Acquit- ted, and the l&tgljt of Petitioning' Averted. SECT. IX. almon. IT may be Remembred, That about May 1688, the King's Mind Laboured with vaft Defigns, one of which was, to carry on that Authority the Judges had given him 5 and for that End, he Refolved to Grant, and probably did Grant a Capacity, not only to all the Popifli Lords to fit in Parliament, but to all fuch Popifh Gentlemen to fit in the Houfe of Commons, as could procure themfelves, with his Majefty's Help, to be Re- turned Members, notwithstanding the Incapacity which the Teft- AcT: had Impofed : His Majefty looked on Succefs in this Point to be the Fruit of his Pains in Gaining the Charters, and therefore no Induftry was fpared in Regulating (as it was then called) the Corporations for that Purpofe. The King, about this Time (although of the Lateft) became fenfible, That it was as Abfurd and Vain, to imagine, he could introduce Popery and Slavery into a Free Nation with a Pro- teftant Army, as it was Abfurd and Vain, in thofe credulous Clergy and Laity, to imagine, That a Proteftant Church, and a free Nation could be preferved under a known Arbitrary Po- pifli Head and Governor 3 the King, therefore caft his Eye on Ireland, as an Inexhauftible Source for the Supply of Popifh Sol- diers, and began, by Degrees, to (MCCt) out of his Army the Proteftant Captains and Soldiers, and to place, in their Stead, Roman Catholicks, fetcht at firft privately, and after by whole Regiments, from Ireland. In this Place, the Antient Genius of the Br itifi Nation, may be introduced, the fame being an Unextinguifhable Inclination Implanted in Britons, to Love, and Delight in, their own Re~ preventatives, the two Eftates of Lords and Commons, which they call a Free Parliament 5 it is a Parliament they look at, as their Helmet to cover them, and as their Sword and Buckler to Vindicate and Revenge their PreiTures and Sufferings ; a Free Parliament is the Theme of all Difcourfe, and the End of ail their Willies 3 and whenever the Supreme Governor either defiils from Aflembling them, or Endangers their Free Elections, the People of all Ranks and Degrees, both Ecclefiaftical, Civil, and Mill- CONSTITUTION. 641 Military, Engage in AfTociations to Demand and Recover {That which Foreigners call the Br'tt'tfJj Idol) a Free 'Parliament, or, in other Words, the People's JJUUljSC or Reprefentation, accord- ing to the Poet ; Naturam expel/as Fptfca licet, ufq-, recurrefc It is therefore ftrange, That King James fhould know lb little of this National Temper, as to imagine his Power to be Ab- folute or Independant. sect. x. THIS King had parted with the laft Parliament, after the Manner his Royal Father had often done, in Indignation, and had Exercifed a Government fo Arbitrary and Unwarrantable, that every one concluded he never Intended to Aflemble ano- ther, until he could force the Elections 5 The Lords and Com- mons therefore, in order to Diflurb his Arbitrary Administration fent a Grand 3}Ut)it&tt0tt to "ie Prince of Orange 5 a Prince of the Royal Family, incomparably Qualified, and Equally Great in the Field and in the Cabinet 5 Requeuing him, as their Cap- tain, to come and Attempt their Deliverance, and to Compel the AlTembling a Free Parliament $ and, at the fame Time, thofe Inciters follicited the States of Holland, to furnifh the Prince with a Fleet and an Army fuitable to the Undertaking, promifing not only to Reimburfe the Charges, but to make Returns fuitable to the Kindnefs, if their State fhould ever want the like Affiftance. Happy it was for Britain, that Holland, at this Time, was under Terrible Apprehenfions of Invafion from France by Land, and from England by Sea, in Execution of the Secret League between the two Kings, which made the 'Dutch readily Em- brace the Invitation to Extricate and Wreft Britain from the French Alliance. This Important 3Wtttlti0tt was an Exacl: Counter-part of the Invitation of the Scots in the Year 1 640, at the Time when they were under the like Fear of an Invafi- on from Ireland 3 for both the Scots and the Dutch Accepted the Invitations ; both the Invitations were to compel the AfTem- bling Free Parliaments, and both the Scotch and Dutch hiva- ded England, and Compelled the calling Parliaments, and both Z z z z z z z Javed 6f2 "The B R 1 T A N N I C {aved their own Countries l)y thofe Invalions, and tip thoi'e Parliaments. ' The Prince of Orange thus Invited, Refolved to Engage in the Undertaking, and began to make Preparations. In September 1688, when King James and the French King were Convinced of the Prince of Oranges Deiign, France offered King James an Army of 20 or 30,000 Men j but an Englifo Lord (the Earl of Sunderland) oppoled the Propofal, with thefe fichard, rr„Juft and Patriotick Reafons $ That fuch an Army might be indeed ,? "vi real Strength 5 but then it would 'Depend upon Orders from France : It might Majler the Prince of Orange and his Adherents, but then it would become the Kings ^ilfttt too, and Reduce him to Govern by their Orders, and fo Reduce the King to become a Vice-Roy to the King of France 5 That a Leffer Auxiliary Army of Foreigners, efpecially French, would drive the People and his own Army into a General HtfoOlt, and provoke them to treat the King and his Minifiers as publick Enemies are ufinilly treated. SECT. XL Ibid. [43. ABOUT this Time, September 1688, the King fent for all the Bifhops then in Town, being nine or ten in Number, who, upon the Kings Demand of their Advice, gave his Majefty Ten Heads of Advice, the ninth whereof was to call a jfrCi- parliament. The King finding that the Prince of Orange, by his Declara- tion, had grounded his Invafion on thefe Facls, That his main c ])efign was, to induce the Ajfembling a Free Parliament, and by that Means, to reduce the Dilpenfmg Power, and to reform other Illegal 'Proceedings in the Admimjlration, and particularly that they might Inquire into the Right of Succe/Iion, and to fettle the Government according to the Conflitution j Intimating, That hs the -Prince was 3iltU)ltCD to tlm Enterprise ', by many of the Lords Spiritual and Temporal $ his Majefty, on Friday the Second of November 1688, fent for all the Bifhops then in Town, who were about five or fix, and peremptorily De- manded, Whether the Contents of the Prince s declaration. Relating to their Invitation, were true ? The Bifhops Anfwered only with General Profeffions of Fidelity and Allegiance .- where- upon CONSTITUTION. 643 upon the King Required them to Juftify themfelves, by Decla- ring in Writing their 2H)l)0?tCHCC of the Prince's Intended Iri- valion, Adding, That his Royal declaration againft ths {Prince^ was in the c Prefs, and waited to have their Abhorrence inferted : but ftill the Bifhops Declined 5 which put the King mto a wreat Vehemence and Tranfport, infomuch that he Declared, They mufi do it ; f02 1)IS SWCCtfe "Depended on their Compli- ance : But all the King could get from them, was, Their Joining with the 'Prince in an Eamefi Requejl, to call a flit l&fttliamcnt, and that made hisMajelty part from them in great Indignation, and the Enraged Jefuits Advifed the King to impri- ion them, and Extort the Truth by Violence; whereas the Truth was, That the King would have had them Abhor the very Means of their Deliverance. This Juncture brought into View, the Exaclnefs of the td&tiUlfl between this King, now in Want of Affiiknce, and his Royal Father j for when the Scots Invaded England, in Jugujl 1640, {Clarendon, Vol. I. p. 117.) King Charles Re- quired the Lords, and Great Commoners ( then Numerous ) at York, to Sign a Paper called a 'Protejtation, containing, That the Subfcribers did Difclaim and Renounce their having any Correfpondence with thofe Rebellious Invaders-, but the Lord Vifcount Say, and the Lord Brook (Two Popular. Men, and then mod Devoted to the Church, and to the Government ) positively Refufed, even in the King s own 'Prefence, to make any fuch Protection, infilling, That if the King fufpecJed their Loyalty, he might 'Profecute them as he thought Jit, but that it was againfi Law ( i. e. The Conftitution ) to Impofe Oaths or Trotejlations, which the Law did not Enjoin -, and, in that Refpefi, they ought not to T&ttt&y the Common Liberty, but would fubmit to his Majejlys c Profecution A if any fhonld he made. The King therefore Imprifoned them 3 but the Com- plaints againft that Illegal Proceeding, being General, they were •Difmijfed, . The Bifhops now, in, 1688, followed thofe Two Lords Example, even: in King fames s own Prefence, and in Declining to Obey his Exprefs and Perfonal Commands, and Refufed ro ESctray the Fublick Liberty. From which Two Inftances, may be Collected thefe fhort Remarks, That King James was now Come Over to Sidnev's Opi- 644 The B R I T A N N I C Opinion-, That fome Power is 'Derived from the 'People ; That Britons, whatfoever be their 'Pretences, will, when Preflures and Sufferings come to be their own Cafe, Ply to the Conjtitution for Shelter -, And that the Bipops now thought it no Difpa- ragemeni to Imitate the Proceedings in 1 640. SECT. XII. THE Prince of Orange being fo Invited, and Sustained With a Fleet of Men of War, as a Convoy to many Tranfports, having on Board, about 14000 Armed Forces, Sailed from Holland, on the ift, and happily Landed at Torbay, on the 5th of November, 1688 : And now the Ci)iinilS of the Confti- tution, and a Free Parliament, Stepped forth to Encounter the Magick of King James's Imaginary Difpenfing Power, to Alter and Vary the Laws of the Kingdom. The King, at this Time, was Informed, That fome Ad- dreffes were Coming from many Parts, to Requeji his Majejly to Come to fome Accommodation with the Prince, and to Call a Free Parliament $ but his Majefty Declared in Council, That he would look upon thofe as his Enemies, who Jhould pretend to Advife him to Treat with the Invader of his Kingdom. The King, by his Declaration againft the Prince of Orange, Affirmed, That the Prince was the file Obflruftor of a Free Parliament, becaufe a Parliament could never be Free, whilji an Army of Foreigners was in the Heart of the Kingdom 5 but pro- mifed, To Call fuch a one, when his Kingdom Jhould be Deli' veired from tto Invajion : And he might have added, When it fljould be Delivered from Irifh Soldiers, and Popifli Counfellors ; for, 'till then, what he promifed was Impoffible. After the Prince's Landing, the Lords, Spiritual and Tem- poral, Adventured ( notwithftanding his Majefty 's Declaration in Council Prohibiting it) to Petition the King, and therein to fpcak the fame Language with the Prince's Declaration, in Re- queuing his Majefty~to Call a $w parliament The King, after fome Days Silence, and after the Jefuits had firft Butlefcju'd the Petition, PuWifhed an Anfwer in Writ- ing CONSTITUTION. ing, That he would have a 'Parliament, and a Free one, as foon as ever the 'Prince of Orange had fitted the Realm, SECT. XIII. THE King having Refolved to begin his Journey on the 17th of November , 1688, to fet himfelf at the Head of his Army at Salisbury, he firft Aflembled his Military Officers, in and about London, and Declared to them, upon his Royal Word, That he would Perform the Promife he had made to the Lords Petition, by Calling a Free Parliament, as foon as the 'Prince of Orange had Quitted the Kingdom $ which was Underftood, To have no Parliament at all. The King Reached Salisbury on the 10th of November, 1688, and the very next Day, great Numbers of the Chief Officers of his Army, Applied themfelves to the General ( Feverfham ) defiring him to aflure his Majefty, That they would Serve him faithfully 3 but as for the CfUiCc of the Prince of Orange, they could not, in Confcience, Fight again ft him, becaufe the Prince was for Calling a Free Parliament, and fo were They. This is a material Piece of Hiftory, and proves, That the Prince of Orange's Invafion, was not the Caufa Efficiens of the Revolution 5 for the King's Speech to the laft Seffion of Parlia- ment, had firft Kindled the Fire, which Increafed by all his future Steps in his Adminiftration, although it burnt only in the Peoples Minds : The Invafion was therefore the Caufa Caufata, and only Opened the Door, to give Vent to that Fire, which, when it Flamed out, Confumed all the Illegal Structures. This private Fact, accounts for the King's Sudden and Sur- prizing HftCCtit from Salisbury, and for the Orders he gave his General ( Feverfiam ) to DtfDilUtJ his Army, wherein he was pleafed to fay, If I could have Relied on my Troops, I might, at haft, have had one Blow for it : For no Man can look at his Majefty 's Condition, otherwife than as a Prifoner in the Midft of his own Army, which was at the Prince's Devotion 5 Every one muft think, with King James, that as his Provoca- tions were General, fo the 3$Ct)Qit was General, efpecially when it began in his own Army, and muft conclude, That he could Aaaaaaaa not 6^6 TheBRITANttlC not Abide the Mortification, to fee the Publick and Private Acts of his Administration, Ravelled into, Expofed, and Cenftired, by a Free 'Parliament. This Account Atones for Mr. Echard's Epithets and GloiTes of other Parts of his Hiftories, and Juftifies him to the World, to be, in fome Things, a Valuable Hiftorian. His Majefty, at his laft Farewel to Britain, was pleafed to Leave it one Political Legacy, viz. That there is not any thing can make this Nation fo Great and Flourifoing, as Liberty of Conference, for that fome of our Neighbours 'Dread it. The Conclufion is therefore clear, That King James s With- drawing, was not occafioned by Force of Arms, or by any Re- ilftance, for no Battle was Fought, and but very little Blood was Spilt j but it was his own Voluntary SDCtCllfTSOtt of the Government, rather than Stand a Parliamentary Incjuifition, Touching his own Renunciation and Breaches of Contract, Oathb, and Promifes : And this is the more probable, as it is obfervable, That his Admiral, Lord ^Dartmouth, and the Chief Officers of the Fleet, Concurred with the Military Land Officers, and fent an Addrefs to the King, of the fame Nature with the Prince's Declaration, to Beg of his Majefty to Call a fxtt ^tUiliV went. The Lords, and Others, AiTembled at Nottingham, Declar'd, 'That King James'5 Adminiftration, in the Manner he had Exercifed the Government, were Ufurpations on the Conftitution 5 and that they owned it Rebellion to Rejift a King that Govern d hy Law, but to Rejift a Tyrant, who made his Will I£lS> Law, was nothing but a NeceiTary Defence. SECT. XIV. WHEN the King Returned from Salisbury, in a manner intirely Vanquished, having not been able to Strike one Stroke in Defence of himfelf, or his Government, he Called the Privy Counfellors and Peers together, to Advife him what was fit to be done in that Extremity $ and All Joined in the Language of the Prince's Declaration, That his Majefty ftoould Call a jftCC Id&rltaniMf. Thus, CO N ST ITU T I N. 6^ Thus, which Way foever the King turned him, the United ^LlOtCC of the People, and their Cries for a Free Parliament, not only Met him, but Encountered and Vanquifhed him j after which, the Prince had no more to do, but to Walk Peaceably and Quietly up to London. The King, although he was thus. Encountered and Purfued with Petitions to call a Free 'Parliament, continued objlinate ; for he well enough knew, that a Parliament would pull down the Power, which he had prefumed to Ufurp, and Set 3H3013E the Constitution and the Law , and that That Proceeding would caufe Death, or rather Subverfion of all his Towering Schemes, and perhaps too, of his Minifters, Judges, and Couniellors , The K'.ng knew, that a Free Parliament would. commence Proceflfes againil his Chancellor Jeffreys, and his Judges, in the Nature of £jhtQ Warranto' s to know firft of Jeffreys, by what Law or War- rant he took upon him, in the Cafe of Mr. Williams the Speaker, to inlult the Houfe of Commons, by calling his Plea of the Privi- lege of that Houfe an idle, infignificant Plea 3 and by what Law or Warrant he took upon him to Determine the Jurifdiclion of that Houfe, by Saying an'd Adjudging, That the Houfe of Com- mons had no Authority to Order or Lkenfe the Printing and Publiffomg their Proceedings, touching any Subject, how great foever 5 and in the next Place to Demand of the Judges, to know, by what Law or Warrant they took upon them, in the Cafe of Godden and Hales, to declare, That King James had a Sovereign Power, abfolute from, and above the Laws - y and that a Law of, or concerning Government, may be Tiifpcnfed withy or Varied by the King, who was but One of the Three Ejlates, fparately, without the Confe7it of the other Two, and that the King had fitch a Power to Difpenfe with and Vary the Laws Of or Coyicerning Government, as cannot be hound by an Aft of Parliament made by all the Three Ejlates of King, Lords, and Commons Jointly, and that the King could grant a Capacity to Sir Edward Hales, to hold and execute his Office of Collonel, when the King and Collonel both, had Confented and Enacted, That Sir Edward (loould not be Capable fo to do ; for every Man's Confent is involved in an Att of Parliament. To which Queftions, every one knows, the Judges could give no Anfwer, nor fhew any Law or Warrant for what they had done 5 for there was no fuch Power comprehended in their Commiffion, <5+8 The BRITANNIC Commiffion, and confequently they were not only in Inclination the moll Enormous Enemies to this Conftitution, but actual Subverters of the Fundamental Form of this Government, which was High-Treafon 3 and therefore all Men were convinced, That the Prince's Army in England was the only Hitman 'Power that couldmove and caufe the Calling a Free 'Parliament : Which Opinion was made Unqueftionable, when the King, after his own Army and Fleet, and others, both Clergy and Laity^ had Declined him, and, inftead of Affifting him, to continue his for- mer Manner of Government, flood by, to fee the Law ready to Condemn his Proceedings as fo many Ufurpations 5 I fay, when his Majefty faw all this, he chofe rather to Depart from, and Relinquish the Government, than part with his Arbitrary Noti- ons, or with that imaginary |DO\\)0C which he fancied had plac'd him above the Law. But the lafl Act of King James's Regal Power, in Commanding Fever/bam to Disband the Remainder of his Army, then confiding of about 4000 Popifli Iri/hmen, deferves a particular Remem- brance j for his Majefty took Notice, That they ofily had Jluck to him, and thank 'd them, hit did not expetf they Jjjould expofe themfehes, by Rejijling a ^OpfonCt) Nation : His Majefty, inftead of the Epithet Poyfoned, mould have faid a JLtiVOtWtb Nation ; for it was the £)ID ILcakCtt that was Originally made Part of the Ejfence of the Conftitution, that had Fermented by Little and Little, and until the whole People were Leavened. It was that good old Claim of Juftice, That the People might, by their Reprefentatives in a Free Parliament, Execute the op- prelTed Laws, which Leavened the Nation. King James might have Recollected, That this was that old Leaven of the King- dom (injurioufly called Poyfon) which his Royal Father had, for twelve Years together, Endeavoured, but failed, to Expel. s e c t. xv. THIS Juncture opened a large Field for new Confuta- tions and Refolutions. The Cafe was fuch as had never happened ^ for now it was feen how a Great and Arbitrary King, fur- rounded with a Standing Army, and ftrictly Allied with a King more powerful than himfelf, was Deferted and left Defencelefs 3 for the3&E))0lt was General : And how he withdrew his Natural Perfon out of the Kingdom, leaving the Kingly Office Vacant, and CONSTITUT I N. Thac the Parliaments called and held by King II ilham III. and Queen Anne, and the Ads of Parlia- ment to which they gave the Royal Affcnt, have as great and undoubted Force and Authority, as the Parliaments called and held by the Kings Henry IV, V, VI, and VII. and the A6ts or .Parliament to which they gave the Royal Affent : Which Parliaments and Ads of Parliament, as to their Authority and Validity, never were, and therefore never could be Doubted or Questioned. But above all other Evidences, the Statute of i E. IV cap i is the ftrongeft Proof of what is here undertaken to be proved • for iome of this King's Flatterers, immediately after his Accef- lion, promoted the Paffing of an Ad, in his firft Parliament, to Confirm the Judicial Proceedings and other Regal Ads which had been Tranfacted in the Reigns of the Three Henries implying therein, That they were Voidable, and needed a Con- firmation-, in which Bill it was mentioned, That thofe three Kings were Kings de Fado, & non de Jure ; and it was there- fore inferred, That all the Acts which thofe Kings and their Parliaments had done in their Reigns, were gv.eftionable in Law as Invalid, and Wanted a Confirmation to be made by this King Edward IV. and his "Parliament ; as if this Kin? were a King made of better Materials than thofe forme? Kings D" This Attempt brought the Queftion fairly into Debate ■ Whether the three Henries and their "Parliaments, were Kings and Parliaments de Fado, & non de Jure, or, de Faclo, Sc de Jure, both ? 66 5 Tf^fH^f h 666 'She B R IT A N N I C \z was Argued againft the Bill, That the Space of Time be- tween the Abdication of King Richard II. in the Tear 13 99, /or Breaches of the Confutation, and the Abdication of King Hen- ry VI. in the Tear 1460, for Breaches of the late Statute of the iyth Tear of his Reign, for fetling the Succeflion, contained Sixty-one Tears, Jive Months, and two T)ays : That the 'Purport of the Bill now 'Depending, was to declare to the World, That the two Eflates of Lords and Commons, who declared the Throne Vacant by Reafou of King Richard the Second s Abdication, were an Alfembly of Lords and Commons de Facto, 8c non de Jure 5 and that the Houfe of Lords, to whom Richard T)uke of York, lately fued for Jujlice and Judgment, to Recover the Crown and Government, were a Houfe of Lords de Facto., 8c non de Jure 3 and that the late Statute for fetling the Succeflion, by Virtue whereof, this King Edward IV. Acceded to the Government, were an Affembly of King, Lords and Commons de Facto, 8c non de Jure 5 //// which Pretences were then Alledged to be not only a T)ifowning and Difclaiming, but a Condemning the Heredi- tary Right and Powers of the two Eflates of Lords and Commons^ which ought not to be Imagined or Endured. It was Argued, That when a King Abdicates the Government, he can have no Heir to fucceed him, becaufe he is Living, and that That was the Cafe when King Richard II. Abdicated the Government, by his Breaches of the Confiitution ; for the Morti- mers, the next in Blood, could not be his Heirs, whiljl he, King Richard II. Lived 5 That the Throne, by his Abdication, became immediately Vacant, and no Perfon being his Heir, a Chafma or total Defeat of Governmeyit enfued : The Lords and Commons therefore, in Virtue of their Original Authority de Jure, Re- served by the Conjlitution, had fieiUftltUtCD the Regal Eflate, by placing on the Throne King Henry IV. Declaring, That he (jbculd have an Hereditary Right to him, and to the Heirs of his Body, That this King Edward IV s Title was, of his own mew- irrg, founded on the f aid Atl of 'Parliament of 3 9 H. VI. for fet- ling the Succeflion 5 and that his Majefly had, in this very 'Par- liament, Recognized that Statute to be the Foundation of his Right, and confequently to be a Rightful Statute, made by a Lawi- fv.l -Parliament of King, Lords and Commons 3 and therefore it was Concluded and Agreed, by the two Eflates of I^ords and Com- CONSTITUTION. 66 Commons now Afiembled in Parliament, That this King Ed- ward IV- fiould not have or Claim any Right or Title to the Government, other than by or under that Statute for Cetling the Succeffion 5 and that the Ms of Parliament fir ft T)evifed and Prepared by the two E/lates of Lords and Commons in '■Parlia- ment Affembled, and to which the three Henries gave the Royal Affent, fiould not be Confirmed, or Blemified with a Confirma- tion, becaufe they were Good without it, and needed no Confir- mation : And, therefore, it was Moved and Agreed, That the Confirmation to be made by this Statute, fijould not Extend to Confirm ( i. e. to Difparage by a Confirmation ) any of the Things done by the Authority of Parliaments held in thofe Kings Reigns. The Words are, £>t[)tt tljfitl \)V t[)t 3Uitl)0= Zifp of an? #arl:amcMS ijcltjcn in an? of tljcit £im:s. To this Bill, or Ad, Containing this Exception in the Aery Heart of it, King Edward IV. gave the Royal Aflent, which was a Parliamentary and Judicial Determination, That the Three Eftates of King, Lords, and Commons, in the Parlia- ments Afiembled by the Three Henries, between the Tears 1399, and 1460, who made many Laws, or Affs of Parliament, were King, Lords, and Commons tC ^IXXt* The Confirmation, therefore, made by this Statute was Nu- gatory and Idle 5 for King Edward IV- was Neceffitated ( if he would have that fpecious Aft Pafs ) to give his Royal Aflent to it, with that Exception placed in the Body of it 5 and was alfo obliged to Stand by, and fee the Acls of Parliament, to which thofe Three Kings gave the Royal Aflent, Obeyed and Executed, with as much Refpect and Authority, as thofe Ads, to which he himfelf gave the Royal Aflent : From which it is obvious, That this Effort of King Edward IV- Carried in it no more than an Empty Sound of Refentment : However, this very Attempt, made by King Edward IV- (257 Years ago ) to 'Difparage the Right of the Three Henries, and the Autho- rity of them, and of their Parliaments, was, in the Event, the Greatefl, and mod Authentick CtUMtCC, to prove this Con- ftitutiori 3 and that the Houfe of Tork Acceded to the Govern- ment, by a P J arliamentavy Right, and not by Hereditary Right 5 and that thofe Three Lancafirian Kings, and their Par- liaments, were Kings and Parliaments &C ^IXXt 5 for a King and Parliament that can make Laws or Statutes, to Bind Mens Rights. 668 The BRITANNIC Rights, muft, of Neceffity, be Rightful Kings, and Rightful Parliaments, or Kings and Parliaments DC 31Utf. SECT. III. T O this Evidence may be added, A Strong Proof Arifing It Conccflte, ws. That when the Queftion was brought into Debate, at the Profecution of the Commons of Great Britain, before the Hi^heft Judicature of the Houfe of Lords, in Parliament AtTem- bled, in the Cafe of Doctor Sacheverel, whether the gJDtfUtS ufed to bring about the Revolution in 1688, by Force of Arms , were Lawful or Unjuftifiable 5 All the Five Counfel of the De- fendant Doctor Sacheverel, Conceded and Admitted, That thofe £l3CflttlS> Confiding of Refiftance, or Difturbance of Arbitrary Power, and the Removal of the then Arbitrary Government, were Lawful and de Jure, and not to be Controverted. Now if it be Granted and Confeflfed ( as it was ) That thofe 5fOJDl3lC gratis were Lawful and de Jure, and were War- ranted by the Conftitution, and the Law of the Land 5 Then it follows, That the Arbitrary Exercife of the Regal Power, by Kina James II. was Unlawful, or elfe it could not be Lawful to c l)iflurb and Removejt. SECT. IV. I T alfo follows from thofe Conceffions, That King Janm could have no Heir to fucceed him, becaufe he was Living 3 for no Perfon can be Heir to a Man that is Living 3 and that the Two Eftates of Lords and Commons, in the Year 1688, being AiTembled in a National Convention, to Reftore the Conftitution, and all the Acl:s which they did, to Supply the Defect of Government, by IDedatmg the Breaches of the Con- ftitution, and the Abdication of the Government, and the Throne to be thereby Vacant, and in Reinjlituting the Regal or Monarchical Eftate, by Placing on the Throne, the Prince and Princefs of Orange, were Lawful and De ^\Xtt, and were the Natural Fruit and Effect of the Fundamental Conftitution 5 for CONSTITUTION. 660 for the Lords and Commons did, in that Cafe, do the fame Thing, as their Anceftors had, in the like Cafes, ufuallydone. From thofe Conceffions, it likewife follows, That if it was ( as in Fa& it was ) Lawful for the Lords and Commons, to Tlijtv.rb and Remove the Arbitrary Government, in the Year »688, then all the Limitations, and Parliamentary Settlements, made of the Succejfion to this Monarchy, in the prefent ReiVning- Proteftant Heirs of the Royal Family, were made D0 ^f.Utt; an< ^ are Justified by the Fundamental Laws of Great Britain. And fince the Right of his Majefty's Government, fprings up from the very MOOt and Efficient Power of this Confti- tution, and from the Original Form of Government, and Laws of the Land, his Title therefore is Ue JUtC, and Juftified by the Fundamental Laws of Great Britain. The Adverfaries may be Challenged to fliew a good Reafbn, why the Britifh Conftkution, touching the Limited Heredkary Righ't of Succeffion to the Britifh Crown and Government, fhould not be as Effectual, and Binding, and Venerable, in Great Britain, as in France 5 Their .Limited Hereditary Right to the Heirs Male, by their Salique Law, or Conftkution, is, by that Nation, held Sacred 5 by which the Proximity of Bloody and the Defcent in the Right Line to the Heirs Female, is Re- moved and Excluded, and the Collateral Line of the Heirs Male, Preferred, and Called to that Government 5 which is an Exprefs Limited Hereditary Right ; and therefore, upon a Failure of Males, their Regal Sueceffors - mult, neceflarily be Re- inftituted. But the mod 3fttiptf gttable l&JOOf of King GEORGE's Right to this Crown and Government, is, That it is Twifted and Complicated with the Hereditary Rights and Powers of the Two Eftates of Lords and Commons 5 for no Houfe of Lords, or Houfe of Commons, can ever Entertain Notions of an Here- ditary Right for a Popifh Pretender, or for any future Pre- tenders, preferable to the prefent Eftablifhment made by Them' fihes, purfuing therein, their Original Powers, Referred by the Conftkution, Until fuch Lords and Commons, firft Abdicate and Difclaim this Conftkution, and their own Hcreditarv Rights, to SDtfttttb and Remove Arbitrary Power in Govern- ment, and to iScinftttltte the Regal Eftate, when the Throne G ggggggg becomes <5 7 o The B R I TANK! C becomes Vacant 3 which is a Thing '■ Unprecedented, and not Imaginable : And therefore it may be Concluded, That fuch a Proteftant Houfe of Lords, and fuch a Protejlant Houfe of Commons, as will T)ifown and Condemn their own Rights, and the J ewsMeJJi ah, will come XOg0tt)et : And as to the Advcr- faries Notions of Introducing' a Pretender by -Foreign Forces, or by COUQUCd of the Parliament, it's hoped, That that is, like their other Pretentions, Impracticable. ■ ■ It is therefore obvious, That fuch Perfons as fhall Aflert, That the Popifi, or any other , 'Pretender, hath a Right (He- reditary, or otherwife ) to Govern this Nation, doth, by that Aflerrion, 3MCcCt, That the Lords and Commons have no Right to Difturb Arbitrary Power, or to Examine the Breaches of the Constitution, or to Supply the TJefetl; of Government^ when the Throne is Vacant ; And, therefore, when the Lords and Commons Aflert and Vindicate their own Rights, they Aflert the Right of King GEORGE; and if they fhould Forbear, or Decline to Affert, or Maintain His Right, they Defert and Give up Their Own, in Regard Both their Rights are, in Law, fo Coincident, that Neither of them can Subfifr, without Confilling Together. BREACHES f CONSTITUTION. 671 BR E ACHES Suppofed to be Made by the THREE ESTATES. SECT. XVIII. of C H A P. XI. H E laft Matter intended by this Effay, was to make fome Political Remarks upon the whole Syftem. But before thofe Obfervations come to be made, it is requifite to Remember, what was poftpon'd, J)ay of the Date of the Writ of Summons , and no Terfm Jhould be Elected a Knight of any Shirt, nor a Bmgefs for any Borough to Jerque in Parliament, unlefs fuch Terfbn were Refident m that Shire or Borough on the Day of the Date of the 11 rit of Summons 5 J This Statute being an Infringement of the Original Privileges of one of the Three Eftates, (to wit) the Houfe of Commons, was laid afide as Erroneous, and as not founded on Reafon and therefore never was obferved. All the Statutes made for Keeping the Lands of the Dutchy oiLancafter, Separate from thofe of the Crown Demefnes, with a Defign, that if the Houfe of Lane after mould be Deprived of the Government, that then thofe Lands fhould Defcend to the Heirs General of the Lancaftrian Houfe, in Oppofition to that i art ot the Conftitution, which Inftitutes, That Lands once Belonging to the Government, frail go with the Government to whomjoever fiall be the Tojfeffor of it : I fay, Thofe Statutes proved Mil, and of no Force 5 for the Tiutchy Lands went With the Government, notwithjlanding the Crown and Govern- ment, came afterwards to another Branch of the Royal Family that was not Heir at Law, in the Lancaftrian Line. The Statute of 1 1 H. VII. cap. 3. whereby Authority was given to the Juftices of the Peace (without any Tryal by a Jury) by their Difcretions, to Hear and Determine all Offences againft any Penal Statute then in Force, being directly contrary to the Original Conftitution, Introduced fuch Numerous and Incredible Oppreffions and Deftruftions of the People that Empjon and "Dudley, for Executing it with Severity, were In- dited for High Treafon, Attainted, and Hanged, for their Cruel Diligence, and the Statute it felf was Repealed 1 H VIII cap. 6. 675 The 6 7 6 The B R I T A N N I C The Statute of 26 H. VIII. cap. 10. which Delegated to the King, during his Life, 'Tower by his Proclamations, firft to Repeal, and after to Revive, as he thought fit, certain Acts of Parliament, touching the Importation of Wines 3 The Statute of 28 H. VIII. cap. 7. which Delegated to the King, 'Power, by his Letters Patents, under the Great Seal, or by his lad Will and Teftament, to Difpofe of the Succeffion to rbis Crown and Government, as he thought fit. The Statute of 28 H. VIII. cap. 17. which Delegated to all fucceeding Kings, who fhould Accede to the Crown and Govern- ment, under the Age of Twenty-four Years, Power at, or after fuch their Age of Twenty-four Years, to Repeal and Difannul by their Letters Patents, under the Great Seal, all, or any, of the Acts of Parliament, which fhould be Made and Palled in their Reigns, whilft they were under that Age of Twenty- four 3 The Statute of 3 1 H. VII L cap. 8. which Delegated to the King, Power to make Laws by his Proclamations, with the Advice of his Council, of Ecjual Authority and Force, with Acts of Parliament : All thefe monftrous Powers, were Part of that ElTence of the Legiflative, or Arbitrary Power, which, by the Original Con- ftitution, was to Refide in the Two Eftates of Lords and Com- mons 3 and therefore the Parting with, and Delegating Over, that Power to the King, to be by him folely, and alone, Ex- ercifed, was a Glaring Breach ofthatTruft, which the Com- mons of Britain had Repoied in their Reprefentatives. The Statutes of 3 H. VII. cap. 1 . and the Statute of 3 Hi VIII- cap. 20. which Erected and Continued the Court of-5W- Chamber, and the Statute of 1 Eliz. cap. 1. giving Power to the Crown, to Erect High CommiiTion Courts, in Ecclefiaftical Caufes, did all of them Impower the Crown, to Exercife Impe- rial Jurifdictions in the Adminiftration of Jufti.ce, and did tend to the Enervating the Original Conftitutions and Laws of the Land, and to Introduce Arbitrary Power 5 and, therefore, after Innumerable Troubles and Vexations had been by them brought CONSTITUTION. 677 brought upon the People, thefe Statutes were Repealed and Determined. The Statute of 13 Elizabeth, which Enacted, That the Charter Granted by the Procurement of the Arbitrary Cardinal Wolfey, by King Henry VIII. in the 14th Tear of his Reign , to the Univerfity of Oxford, fhould be Effectual in Law, to all Intents and Tttrpofes, according to the Form, Words, and Mean- ing thereof, as fully and largely, as if the fame Charter had been Recited Verbatim in that Statute 5 for by that Charter, the King, at the Prayer of the Cardinal, Granted to the Chancellor, Matters, and Schollars, of Oxford, full Cognizance and Power to l^tar anD SDttCrminC all Caufes Arifing within that Uni- verfity, wherein any Privileged Perfon was Concerned, Either according to their own Statutes and Cujloms, or according to the Law of the Land, at their Will and c Pleafure $ and that no Judge of the Kkgs-Bench, nor any other Common Law Judge, fhould Intermeddle ; and if fuch Judges fhould ^tfflllP.C to Meddle therein, then fuch Judges fliould, upon the Certifi- cate of the Chancellor of Oxford, fuperfede fuch Proceedinas, and the Party procuring fuch Interfering, fliould be Chaftized and Punifhed, before, and by, the Chancellor, &c. of Ox- ford. This Charter was obtained by the Cardinal, at the Time when he was Meditating how to Introduce the ^Impctml Laws, and therefore he imagined, That the fureft Way to Compafs' that Defign, was to begin its Inftitution in the Fountains of Knowledge and Learning, and, purfuant to the Cardinal's Craft, Care was taken, that this Statute fliould be kept Private, and that no Notice thereof fhould be Printed 5 for not fo much as the bare Title of it, appears in any of our Statute Books, which proves, that fome Art was ufed in the Concealment, that looks Myfterious. But this is obvious, That this Statute hath caufed the InfinW into thofe Scholars, the Principles of the 3ftNPCt!fftttD themfehes againfi fuch an Offenfive War made upon them, then the Recital is Queftionable and Debatable, becaufe fuch a Meaning is Contradictory to the Natural and Common Senfe of Mankind, and to the very Light and Truth itfelf, for Self-Defence is Nature's Self: This Recital, therefore, difaaree- mg with that Part of the Conftitution, which Denies Power* to, and Difables Both, or Either, Houfes of Parliament, by Declara- tions, Recitals, or otherwife, to Enflave the People, is Debate- able and Doubtful, becaufe it is Inconfiftent with, and Contra- dictory to, the Proceedings of this Nation, in all Times, and efpecially to thofe Proceedings in Government, before Re- membred. The laft Queftionable Breach of this Nature, is 1 Anna which Reftrains the Crown from Alienation of Lands, for longer Time than Thirty-one Years 5 for, if what Britannus fo Ion* ago faid of fuch a Reftriaion, be True, then it is Debatable^ whether this Statute doth not carry in its Belly, not only Dan- gerous Seeds for future Servitude, but a plain Method how ( by Legal Means ) to Acquire Arbitrary Power 5 And, therefore, if that mail appear to be the Cafe, it is hoped, That this Sta- tute will have the fame Fate, as all the Reft have had, which Tended to the fame Inconveniencies. But it may be Added, That it is Queftionable and Debate- able, whether thofe Numerous A<5ts of Parliament, whereby the Juftices of the Peace are Impowered to Convict Men in a Summary Way without Tryal, are Inconvenient, or not, be- caufe 68o c rte BRITANNIC caufe many Juftices, apprehending themfelves to be Armed with Power and Impunity, do A flu me the Power to take Informal tions, and Convict their Fellow-Subjects, without Exhibiting any Charge againft them, without Summoning them to Aniwer, and without permitting them to See their Accufers, or to Know, or See, or Examine, Face to Face, the Witnefles againft them 5 and fo Condemn them Unheard. It is Apprehended, That the Want of Inferting into fuch Acts of Parliament as Introduce New Laws, efpecially if they Con- cern the Government, the ufual Claufe to make them Tempo- rary, or Probationary, is a great Hurt to, if not a Breach of, the Conftitution 5 for fome Laws made at firft perpetual, have been made Ufe of to Grieve the People, and yet no Remedy can be obtained, but what muft Refult from a Diflolution of Government 5 Therefore, if a Law were made, requiring, That a Temporary Claufe fhould be Inferted in every fuch Bill, at the firft Bringing it into either Houfe of Parliament, but fubje<5t, upon Debate, to be Expunged, it might probably prevent thofe Inconveniencies, of which many Complain. O B S E R- CON S T I T^U f 7 ~N 68 1 OBSERVATI On the Aforegoing S Y S T E . ■ _-_--- . -. 1 — - • - C H A P. ' * ( ■ ■\^ I N the Order propofed, che Remarks on this whole Syftem, come now to be made ; and from the Premifes, thefe Things mas- be Enquired of and obferved, viz. SECT. If the Matters aforefaid, ftand proved by fuch Proofs as are, to reafonable Men, Satisfactory, and cannot be Difproved by any Proofs of Ecjual Authority, then what mull: we Judue of the Noble Hiftorian, or of his Publifhers, when he, in the End of his Third Book, of the Firft Volume, is pleafed to AlTert, That when King Charles I. lefides his Quitting the Long-Ufed'Right of Laying Impofitions upon Foreign Trade in the Preamble of the Bill for Tonnage and 'Poundage mentioned $ I fay, when his Kkkkkkkk Majejly 682" The BRITANNIC hlajefy gave the Royal Ajfent to the Statute for ^Declaring Ille~ gal the 'Proceedings about ^>t)ip ^Dttep, the King frankly parted with a ifttgtyt Vindicated by all the Judges of England : it is plain, therefore, from this AiTertion, That the Hiftorian's Opinion and Judgment was, (if it were really his) That King Charles had a Right by his Regal Power, and, as he was King, to "Jnipoft Taxes, and Levy what Money he pleafed, upon the People, becaufe, he Affirms, This Right was Vindicated, which could not be, unlefs the Thing Vindicated had an Exift- ence before the Vindication : He likewife fays, The King Parted with it, which could not poffibly be, unlefs he was before Le- gally poflefled of it, as a Right : Therefore, if the Original Conftitution did Exclude all our Kings from the Power, and did deny them the Authority to gjmpofC Taxes, or Levy Mo- ney by Pretence of the Regal or Sovereign Power, then the Af- fuming of that Power by King Charles, was no Right, but was Wrong, and Arbitrary, and this AiTertion of the Noble Hifto- rian, is Erroneous, tending to Undermine and §>Ubi)&tt the whole Conftitution. But fince this AiTertion is a flat Contradiction to other Parts of his Hiftory, in which this Power of Levying the Ship-Money, is, as Appears before, in Pages 275, 513, Inveighed againft as a New Thing 0t\)tt before fetlOMfll, and as having in Law no Foundation, and the Judges themfelves, are in a Manner In- fulted and Afperfed, as mere Tools to be made Uk of as Time Servers, and even as Betrayers of the Liberties and Freedom of their Country 5 it feems reafonable to do Honour and Juftice to this (BltBt *©&tt, from whofe Knowledge and Integrity, fo many Important Truths have been Tranfmitted (which other- wife had lain in Obfcurity) by Concluding, That this Hijlory has Suffered a Caftration of many Valuable Facts, and an Inter- polation of many fpurious Parts, fuch as are thofe AfTertions now in Queftion. SECT. 11. I T ought to be Noted, That the late Editor of the Statutes at large, was Infiduous, in not Printing at large the Statute of 40 E. III. which Defcribes the Pewer of the 5fttft Btttg, nor the Statute of 1 1 R. II. cap. 1 . Whereas he Printed at large the Statute CONSTITUTION. 6X Statute of i Henry IV. cap. 4. by which that Statute of i 1 Richard II. ftands Eftablifhed, when it was fo eafy to print this Statute from the Printed Copy of it, in Rajt all's Statutes. And alfo the fame Editor was Culpablein not Printing, amongft the Statutes at large, the Statute of 39 Henry. VI- Whereby the Succejjion to the Crown was Limited to the Houfe of York, and by Virtue of which, Edward IV- a Prince of that Houfe, was placed in the Throne, and the Statute of 4 Henry VIII- concerning Richard Stroud, by which that ElTential Privilege of Liberty of Speech in Parliament, is De- clared and Eftablifhed 5 Becaufe thefe Statutes do Exemplify fome of the moft Mate- rial Parts of the Conftitution, viz. The Original Inftitution of the Three Ejiates of King, Lords, and Commons ; The Par- liamentary Limitation of the Succejjion to the Houfe of Tork 5 The i^eteDttarp l&tfcilege of TUfturbing Minifters of Arbitrary Power 5 and the Great ^JtMege of Freedom and Liberty of Speech in Parliament j which laft Ad:, touching Richard Stroud, although he only was Named, was Declared by the Parliament of 1 667, to be a general Law, as appears in the Report or Law-Book, called Crokes Charls. Folio 609, and yet this Edi- tor hath, by fome Influence or other, omitted thefe three moft Material A&s of Parliament, out of the Printed Statute-Book, which he was pleafed to call, The Statutes at Large. The late Editor was equally Culpable, for not Printing at large thefe Statutes ( to wit ) the Statute of 1 5 E. II. generally called Ex/Rum Hugonis de le Difpenfer 'Patris & Eilii, nor the Statute of Tork, made in the fame t 5 E. II. whereby that Sta- tute of Exilium Hugonis, &c. was Repealed $ becaufe it was made, not only without, but directly againft the Confent of all the Lords Spiritual 5 nor the Statute of 1 E. III. whereby that Repeal was Repealed j nor the Statute of 2 1 R. II. whereby the Statute of 1 E. III. was Repealed 5 nor the Statute of 1 H IV- cap. 3 . whereby all the Statutes and Proceedings of the Parliament of 2 1 R. II. were Repealed. This Fault of the Editor appears the Greater, in that thefe Statutes do Exhibit the Grand Tranfactions before touch'd upon, relating to this State and Government 3 and would (if Printed) Evidence how this Government, after the moft Dangerous De- viations, <$8,j. %T® B R I T JNNIC •* ■ viations, has, as naturally, as conftantly, Return'd and Inclin'd to that Fundamental Centre of the Constitution, which, in its Origination was at Firft Formed and Statuted. It is obfervable, That if King Johns Magna-Charta had not lain Concealed and Secreted, both the King and Parliament, in the Years 1641, and 1642, had not needed to Refort to fuch Reafons of State, as they Infifted on, in their Paper War againft each other 5 That Statute would have Reduced to a much nar- rower Compafs, their Argumentative Proceedings, becaufe the People would have been better Apprized of the Legal Terms of the Conjlitation. SECT. III. I N this Chapter muft be taken a Place to infert that Proof of the Conftitution, which was, by an Over-fight, omitted out of the Chapter of Evidences, p. 133. The Part of the Confti- tution, which ought to have been there proved, is mentioned in page 48. 'viz. That all Attempts and Endeavour, s to Sub" vert or 1)eJlroy any of the Rights, 'Powers, or Privileges of the two Eftates of Lords and Commons JJjould be 1)eemed Overt-Faffs of Subverting this Fundamental Form of Govern- ment 5 which Doubtlefs, are Crimes of the Higheft Nature. The Evidence to prove this Part of the Conftitution (than which nothing can be Stronger) is the Famous Act of Oblivion, pafled at the Restoration, in the Year 1660 5 for that Act containing a General Pardon, the Devifing and Introducing ic : into Parliament, was, by the Conftitution Appropriated to the Regal Eftate only 5 fjang Charles II. therefore, in Execution or. his Right, did Deviie and, Frame that Statute Agreeably to the Known Laws and the Conftitution 5 for he fully knew, and was well Apprized, That the Two Eftates of Lords and Com- mons, were €{fetltUU mb tlltal ^art0 of the Conftitution, and that by the Fundamental Laws, the Government of Eng- land was, and ought to be, by King, Lords, and Commons $ and that in the Time of his Royal Father, Evil Counfellors had formed Schemes, and made Attempts to Subvert and Extinguifh the .Rights, Powers, and Privileges of thofe Two Eftates, and tq Govern, and did Govern, without them 3 and that his late Maje'fty had unwarily given into thofe Meafures : This King tru^yfore did Devife that moft Eminent Law, or Ad of Obli- vion, CONSTITUTION. 63$ vion, in this Form, to. That to the Intent no Crime whatfb* ever Committed againji the two Efiates of Lords and Commons fijould ever Rife in judgment againft the Offenders, it fioouldbe Enabled, That All Treafons, Offences, and Crimes Counfelled, Commanded, Affed or T)one, by Virtue or Colour of any Com' mand, Tower, or Authority, CommiJJion, Warrant or InltruEti* ons from, or T)erived Mediately, or Immediately from King Charles I. fiould be Pardoned, Releafed, tDifcharged, and put in Utter &)bltt)tOtt. This Law or Statute, Co Devifed by King Charles I J. was, by his Majefty's Order, Introduced into the Houfe of Lords, who pafled it, and fent it to the Commons, who alfo Agreed to it ; and thereupon the King gave the Royal Aflent. Objectors againft the Letter and Meaning of this Statute, muft be well furnifhed with three Qualifications : 1 . With Great Boldnefs, when they fhall prefume to fay, either, That this Ati of Oblivion was not an A.tf T)evtfed by King Charles himfelf ; or, That, if it were, he Miflook the Law, or the Conftitution ; for it was (6 Apparently the King's own Act, That ne himfelf, and no other, did, or could Devife it, or Introduce it into Parliament 5 the Lords or Commons might either of them have Rejected it 5 but neither of them could, by the Conftitution, Alter it : ' j ' noi 2. Thefe Objectors muft be Furnifhed with Great JnittlO- De(ty> if they fhould fay, His Majejiy Mifiook the Rights of his Crown. 3 . Thefe Objectors muft be furnifhed with Abfurd Notions, if they fhould prefume to fay, That this Tart of the At~l of Oblivion, is not the Law of the Land ; becaufe every Man's Confent, and even the Objectors Content, is, by their Repre- fentatives Involved in this Act of Parliament. Upon the whole, it may be Concluded, That this Part of the Conftitution is, by this Evidence, not only well Troved, but Approved ; A H&lOz ftlfftt therefore is Confpicuous, viz. Why the Misfortunes of One Side fiould be fofolemnly Commemorated, and thofe of the Other Obliviated 5 for, it is Apparent, beyond all Contradiction, That, by this Statute, All the Proceedings of the Parliament, before LI 111111 they 686 TheBRITANNIC they themfelves were, by Force and Violence, Expelled and Suppreffed, and the Government Ufurped by the Army, do (land CltatfD and giuftito* SECT. IV. IT may be Obferved, That when thofe Unhappy Kings, Richard II. Charles I. and James II. were Alpiring to Govern without Parliaments., the Means to Acquire that Power, were in their Meditations, viz. King Richard, by Inventing New Treafons, in Order to take the Heads of thofe Patriots who CrolTed his Defigns $ King CJjarks, by Inventing New Ways and Means to Impofe Taxes, and Raife Money by his Regal Authority, without any Grant thereof in Parliament, in order to free himfelf from Parliamentary Complaints, and Inquiiltions for Grievances $ And King James by Afluming a 2THfpCtlfittS Power to remove thofe Laws that Golfed the Ways of his Will and Pleafure 5 I fay, thefe Kings, with thefe Views, tent to the Judges, Adminiftring Juftice in the ordinary Courts of Law, as to Counfellors Learned in the Fundamental Forms and Parts of the Conftitution, to Inquire, Whether their Uttder takings were Lawful or not, Hoping to gain Strength from a Favour- able Anfwer of thofe Sages. But it is Surprizing, to find All thefe Counfellors, in their Succeflive Generations, as Unfortunate, and as much Mijlaken, as were their Royal Mates ; for the Judges, in thofe Succef- live Cafes, in order to ferve and pleafe die Times, Anfwered and Advifed, That the Royal Enter prizes were Agreeable to the Conjiitation , and were Legal, and therefore Encouraged them to Proceed and Profper, Acting therein as Leguni Latores, non Expojitores. But the Events Proved, That nothing could be a Greater Infringement of thefe Conftitutions, nor more Fatal to thofe feveral : Kings, than thofe Extrajudicial Oblations of the People's Hereditary Rights and 'Privileges. ! -• SECT. CONSTITUTION. 687 SECT. V. THE Daring Aflault made on the Conftitution, by a *£>£. tttt pafs'd in the Convocation of the Univerfity of Oxford, on the 21ft Day of July, and prefented to King Charles II. and Publifhed by Authority in the London Gazette, of July i6, 1683, had not been worthy of Notice, after it was, by Order of the Supreme Judicature, burnt by the Common Hangman, had not the Malevolence of it Survived the Execution ; for it hath never yet been, by the Univerfity, either Revoked or 1)if- owned. The Decree was thus, The Vice Chancellor, Doctors, Proctors, and Matters, being met in Convocation, concerning certain Printed Proportions, Repugnant to the Holy Scriptures, Decrees of Councils, Write- ings of Fathers, the Faith and Profeffion of the Primitive Church, and Deftrudtive to Kingly Government, the Publick Peace, and the Laws of Nature, They unanimotifly Decreed and Deter- mined, concerning thefe Printed Propofitions, viz* I. The Propofition, That there is a Mutual COtlttaCt Tacit, of Exprefs, between the King and People, concetnmg the Go- vernment of England 1 ; II. The Propofition, That the ^OfoetMgtttp of England, Refides in the Three EJlates of King, Lords, and Commons 5 III. The Propofition, That Self-'Prefervation is the Funda- mental Law of Natute 3 IV. The Propofition, That Paffive Obedience is not due, when the Things Commanded aye againft the Laws of wr Coun-" try, and Tend to Subvert the Confttution, in Manner fol- lowing 3 That Convocation Decreed and Judged, All thofe Propofi- tions to be 5?atfe, ^euttious!, fmptous, and SDcfimmuc, to the Britifh Government, in Church and State : They Inter- t difted 688 The BRITANNIC ditfed the Reading of them, aad Ordered the fame to be Burnt by the Hands of their Marfhal, in the Court of their Schools 3 and Commanded, and Jtriflly Injoined, all Tutors, and Others, uo whom the Care and Xtllft of Inftitution of Youth was Committed, That they fhould diligently Injirufi and Ground their Scholars in this < Do6lrine ( which, in a manner, was, as they Averred, the Badge and Character of the Church of Eng- land) That Obedience to the King of England, wasto be Cleat and 3H)ColtttC 3 and that Britifl Subjects were not Excepted out of that Rule of Abfolute Obedience. If this Decree was not really fo defigned, yet it looks like an ilDlirrtiifflCt, to Subvert the Fundamental Form of Go- vernment in Britain 3 for the Univerfity Scholars, are to be In- truded and Grounded in that ^Dofirine 3 and from and by Gentlemen fo Seafoned, thofe pernicious Principles in Govern- ment, which the Imperial Laws Authorize, have been Tiiffemi- nated over the whole Nation. It is Remarkable, That this 2D0CtCC PafTed at Oxford, on, the very fame Day, and about the very fame Hour of that Day, as the Head of the Lord Rujfell, for Holding the Four. Propofitions above Condemned, was Illegally, and Arbitrarily, <3>tUtCft Off in Lincoln' s-Inn- Fields. If the Colleges in the Univerfity are looked on as Great Schools 3 And if the Vice Chancellor, Doctors, Proctors, and Matters, are Efteemed as the Nation's Illuftrious School- Majlers, to Inftruct young Gentlemen in the Rudiments of Learning 3 And if they are Subfifted as fuch, by the Benefactions of their Founders 3 Then it may be Concluded, That their Afluming a $0U)Ct to make this Decree, was an Indecent Proceeding, becaufe this Convocation took upon them to Unmake their Makers, and to Determine wherein the Sovereignty of this King- dom Refided 3 which was a Learning, wherewith it was never Intended they mould be Intruded 3 neither was it Intended, that young Gentlemen fliould be therein by them Jjtlftf UCttfK SECT. C N STITUTION. 6S 9 SECT. VI. 3 % 15 £>W)i(MS to Colled, That if the Perfection of the Diffenting P rot ejl ants, brought fo much Weaknefs and Dis- paragement on King Charles I. and on the Bifhops in his Reign, and fo much JtofS to the Nation in thofe Times, as is before Reprefented, then the prefent Indulgence and Tolera- tion, will, on the contrary, produce equally as much Strength and Reputation to the Government, and Profit and Riches to the Nation, as were J^Olt by the former Meafures. gtlS alfO WctttaWt, That the Conftitution hath not been more Scridt and Careful of any thing, than of keeping the jfOUntam of Juftice Unblemifhed, and Clear from all Parti- ality or Corruption, occafioned either by 26?lbCtp, Private Me- naces, Letters, Secret Informations, Promifes, or any other Byafles, &c. as may be feen in the Example of Sir Thomas Wayland, Chief Juftice of the Common Pleas, who was Attainted of Felony, for Taking 26?ll)0S; for which his Lands and Goods were Forfeited, and he was Banifhed the Kingdom, as Un- worthy to Live in that State, againft which he had fo heinoufly Offended: 'Pleas of the Parliament, 18 Edw. I. And in the Example of Sir William Thorpe, Chief Juftice of the Kings-Bench, in Edward Ill's Time, who having Taken of Five Perfons, Five feveral 25jll)CS», which, in all, Amounted but to l oo /. was, for this Offence alone, Adjudged to be i^tUlgCD, and all his Lands and Goods Forfeited. The Reafon of this Judgment, is given in the Roll in thefe Words, Quia pradittus Willielmus Thorpe, qui Sacr amentum Tiomini Regis, erga Populum (hum habuit ad Cujlodiendum, f regit maliriofe falfe & Rebel I iter, quantum in ipfo fuit ; Be- caufe that he, as much as in him lay, had Broken the Kind's Ctett) made unto his People, which the King had 'JJltfTUftcD him withal. There is this Notable Distinction made in that Judgment j that is, That this Judgment flhould not be drawn into Example againft any other Officers, who mould Break their Oaths, but againft XijOfC only, Qui praditfum Sacr amentum fecerunt, & Mmmmmmmm frege- 690 The BRITANNIC fregerunt, & habent Leges Angliae ad Qijlodiendum ; that is, It mould be Remained to the Judges Oaths only, who have the Laws Entmjled to them. This Judgment was given 24 Edward III. But the next Year, in the Parliament 25 Edward III. It was Debated again in Parliament, Whether this Judgment was Srpgdt, or not, Et, nullo Contradicente, it was Refolved, To be Juit, and accord- ing to the Law, and that the fame Judgment may, and ought to be given, in Time to come, upon the like Occaiion. This Cafe proves, That when any Judge, who is Intruded with the Adminiftration of Juftice, wittingly Breaks his Oath ( i. e. The King's Oath ) the Offence is, in its own Nature, not only moft Odious, but the Puniffiment Capital. Thefe T$2lt)CS were taken by Thorpe, not in any Caufe, or Queftion of Right, depending between ordinary Suitors, to pre- vent Jujlice, by taking away one Man's Right, and giving it to another 5 but were taken at Lincoln Affizes, for Exculing thofe Five Perfons from being Outlawed upon Indictments for Felonies, and other Trefpafles, Profecuted in the King's Name, by the Perfons Injured 5 The Conferences whereof were, That the People who had fuffered by thofe Felonies and TrefpafTes, were only Delayed in feeing Juftice done upon Thofe Wicked Men, by whom they had been Abufed and Impoverifhed 5 and, therefore, if this Mifdemeanor were an j£>f£c\\tt fo Heinous in the Chief Juftice Thorpe, what fhall be faid of thofe Judges, who Publickly, and Avowedly, in Open Court, and in the Face of the Kingdom, Broke their own, and the King's Oaths, in the Cafes of Ship-Money, and the Difpenjing 'Power, and that too, againft the T)i£lamen of their own Confciences ? SECT. VII. IT is obfervable, That when the Roman Power Invaded and Subdued Britain, they did fo Break and Maim the People, that when the Romans themfelves became Decrepid and Lan- guiihed, and, as it were, Shrunk out of the Nation, the BritiJJj People could not Recover and Re-eftablifh their former Strength, but became an eafy Prey, firft to the Saxons, and after CONST ITU T I N. 6 9 i after to the Danes, and laft of all, to the Normans • and yet neverthelefs, thofe feveral Victorious Nations, found the Britijj Laws fo Excellent, and fo well Poiz'd between the Governor and Governed, that they never giMPOlcD or Introduced their Foreign Institutions, but Preferred and Embraced the Briti/h • which is an Evidence of the Strongest Nature, to prove the Excellency of our Fundamental Form of Government, and the rather, fince the Romans Boafted of their own Laws, and Jm- pofed them, as the S3cft, on all the Nations whom they Sub- dued ( except Britain ) but to the Britifi Laws, they Con- ceded, and left them at their Departure, after ioo Years had Elapfed, in the fame Form as they found them at their Acceflion, Fortefcue de Lnudibus Legum Anglic, 38, 30. SECT. VIII. X^€ $att am &>tyaV£ which the Bifliops have had in All the Breaches and Repairs of the Constitution, is too Material on both Sides to be Pafled over, without Remem- brance. And therefore, As to the Breaches of the Conftitution, 'Peter de Rupibmy Bifliop of Winchejler, in the Reign of King Henry the Third, is Reprefented to be an Unwearied Adverfary y The whole Order of Bifliops, in the Reign of King Edward II. by Claiming to be a Fourth Efiate, Diftinct from the Lotds Tem- poral, and to have a ^cgattfce in Parting Laws, Equal with the Commons, or with the Lords, or even with the Kinor him- felf, occafioned Innumerable Calamities 5 The Archbifhop of Tork's Share, in Subverting the Privileges of the Two Eftates of Lords and Commons, in the Reign of King Richard II. was Extraordinary 3 but as to the Acceflion of Archbifhop Laud, to the Grievances and Diforders in his Time, the fame needs no Repetition. As to the Reparations of, and the AiTerting this Conftitu- tion 3 many Bifhops are found to be Eminent Actors in thofe Commendable Efforts : Jeffrey, Archbifhop of Tork, \v$s the Firft Man who oppoled King Johns Impofing Taxes by his Regal Authority 3 and, by his Opposition, the §uefiibn was put in Ijfue, to be Tryed between that King and the People. Stephen 692 The B R I T A N N I C Stephen Langton, Archbifhop of Canterbury, in the Reign of King John , Difcovered to the Lords and Commons, in Par- liament Aflembled, the Charter of King Henry I. Containing the Grand Articles of the Conftitution, and was a great Advi- fer and Encourager of them, to obtain the Renewal of it at Running-Mead. Thomas Arundell, Archbifliop of Canterbury, was, in the Reign of King Richard II. a Great Alienor of the Hereditary- Privileges of Britons, and a Sufferer for his Zeal and Activity in the Caufe of Liberty. But the Seven Bifhops in King James the Second's Reign, Exceeded all the former Patriots of the Epifcopal Order ; for they, with Great Courage and Fidelity to the Conftitution, Con- troverted and put in Ijfue the Queftion, Touching the 'Difpen- fing Tower, and the Right of Petitioning to be Relieved in Cafes that Grieve the Subject ; and having PalTed, and Prevailed in, the Fiery Tryal, their Firmnefs Ripened the Invitation of the Prince of Orange, and Quickened the Refolutions and Endea- vours to Refcue this Conftitution, and to Difturb and Remove that Arbitrary Power, by which it was opprelfed. The Firmnefs of the Bifhops, in that Critical and Hazardous Time, Continued Eminent 3 for when the Bifhops Refufed King Jamesx.o\\\s Face, to Sign the Paper of Abhorrence of the Prince's intended Invafion, they might very well Conclude ; That if the Prince Failed of Succefs, That Solemn Refufal would be made Ufe of, as Evidence to prove them Engaged in the Invitation, or, at leaft, in the Approbation of that Invafion. Upon the Whole, the Conftitution is much Indebted to the Laudable and Meritorious Interpofitions or Bifliops in fundry Times of Danger. SECT. IX. I I T would be Injurious to forget the. City of London $ for Hiftorians, in all Ages, have Tranlmitted to us, concerning the Citizens of that Metropolis, a Venerable Tefiimony, That the Champions and Affcrtors of this Conftitution, and of the Freedom and CO N ST It U T I N. 693 and Liberties of Britain, have, in all Times, found from them, as from the Intelligent and Honeft. Part of the People, Ready Support and AfTiftance j notwithftanding fome other Hifto- rians have Painted thofe Champions, and thofe Citizens in other Colours. And yet, neverthelefs, the Blemifh which that Metropolis iuffered in the Year 1683, ought to be made Indelible, when 104 Unfound and Infirm Common-Council-Men, over- voted 86 Refolute and fteady Britons, and Treacheroujly Surrendered and Yielded up to the then Powers, their Charter of Liberties ; and not only Petitioned for, but Zealoufly Accepted and Embra- ced one of Servitude. sect. x. I N the Reigns of King John, Edward II. Richard II. King Henry VI. King Charles I. and King James II. may be feen the Natural Products of Arbitrary Meafures, 39 The Three Estates to Reprefent the whole People, and to have Abfolute Power to make New Laws, and to alter Old Ones. 40 Qualification of the Abfolute Power, with Memento's and TruSts 41,42 Extent of the Power to be given by Electors to their Reprefentatives ibid. AfTembling and Holding Parliaments, to be the Bajis of Government, and to be due in Jultice to the Nation 45 Thefe Propofitions to be eSTential and unalterable Parts of the Government . 4J» 44 Powers and Privileges appropriated to the Houfe of Lords 45 Powers and Privileges appropriated to the Houfe of Commons ibid. General Privileges aSfigned to both Houies, (viz.") The Manner of Devifing and Intro- ducing Laws (except General Par- (dons) _ 46 Freedom from Arrefts and Imprifon- ments, Liberty of Speech, Free Ac- cefs to the King, Power to punifh Traducers and Contemners 47 Exemption from being WitnelTes, touch- ing Matters faid or done, in either Houfe of Parliament, and Why ibid. Lords and Commons to be Trustees for the People 48 Powers, or Privileges of Parliament, never to be Delegated over ibid. Endeavours to Subvert Parliamentary Rights or Privileges, to be the High- eft Crime ibid. The grand Power of Impofing Taxes, explained 49, 50 Difference in the Form of Palling Ordi- nary Bills and Money»Bills ibid. Matters relating to Trade, DifcuSTed ibid. Provisions for Military Forces ; 1. Na- val Forces ; 2. Land Forces, the Commands and Continuance of Fleets and Armies ibid. Provifions of Naval Forces and Fleets Refolutions about Land Forces 54 5* Right referved to Supply Defects of Go- vernment, and to Reinftitute the Regal Estate, when the Throne be- comes Vacant 57, 58 Defcription of the Kingly Office, 65V. 59, 60 Rays of Majefty imparted to the Queen 62 Illustration of the King's Natural and Political Capacities 6j Refolutions about the Regal Intereft in the Government, whether to be for Life only, or Hereditary ibid. Monarchy, whether-to be Divisible, or Indivisible, or Alienable, or DifpoSa- ble 62, 64 Instances of what the King cannot do ibid. Refolutlon about the Succession ibid. about the Crown Revenues 69 about the Regal Prerogatives, re- lating to Parliaments 71 Prerogatives touching the executive Power of the Laws, the Nomination of Judges and Officers ; making Trea- ties, War, Paternal Care of Infants, Ideots, Lunaticks, &c. 76 Prerogatives, touching Pardons 77 ImpaSfible Prerogative, That the Kjng can do no Wrong ibid. Right to Petition againft Grievances 82: Refolutions about the Breaches of the Constitution 8$ Inftitution of Judicatures in the four great Courts ibid. The King Excluded from being Judge, Relator, Informer, or Witnefs 84 Breaches on the Part of the intended King, debated and refpited 91 Breaches Suppofed to be made by the Three Eltates 9J Provision for PaSfive- Obedience and Non-ReSiStance 94 Provifion for a PrieSthood 96 Repartition of Elections of Members to ferve in Parliament, difperfed over the Nation 97 Wages to be paid the Members, and by whom ibid. Original Contract prefcribed and form- ed 98 Declaration and Coronation of the Firft King, and the Entring into the Ori- ginal Contract: 10 j The Firft Parliament, and the Enacting all thefe Constitutions into the Origi- nal The CONTENT S. nal Statute, called The Law of the Land. ibid. tlluftrations of the Conftitution, and of the Dignity and Power of our Kings with Refpeft to .Neighbouring Po- tentates io$ CHAP. II. Evidences to prove the Conftitution. Abatements in that Evidence premifed, i. for the Antiquity ; 2. for the In- juries done to Memorials andRecords 109 1. The Antiquity defcribed ibid. A Quotation, to this Purpofe, from Cafar's Commentaries 1 1 o Objection, the Commencemene here Alledged is Prefumptive, Vifionary, Utopian, life. 1 1 2 The Anfwer. ibid. Abatements in the Evidence for the In- juries, &c. 115 The Evidence rely'd on 116 Inftitution of the Three Eftates of King, Lords, and Commons, proved ibid. Inftitution of the Power to impofe Taxes proved 120 Power over the Succellion, proved 121 The Summons of the Lords, and Electi- ons of the Commons ibid. Rights to difturb Arbitrary Power, to declare the Throne Vacant, and to Reinftitute the Regal Eftate, proved 125 Inftances of Difturbance by the Prieft- hood 124 This Right proved by Three Acts of Parliament 126 And by the Solemn Judgment againft Dr. Sacheverel 128 Interregnums proved, and Defects of 'em provided for 152 Endeavours to Subvert the Rights of the Two Eftates or' Lords and Commons, proved to be Overt-Facts to fubvert this Form of Government 684 Disbanding of Armies proved neceffary . , *** Evidence Inferred from Original Writs «34 Repartition of Elections of the Com- mons in different Parts of the Na- tion Illuftrated 136 Objection and Anfwer. Articles touching the King's Preroga- tives 139 Arguments from Similitudinary Evi- dence 140 Teftimony of the Kings Charles I. and Edward IV. 141, 142 And of the Univerfity of Oxford 145 Evidencelnferred from the wholeSyftem '47 Evidence of the Original Contract 149 Pretences that the Rights and Powers of the Two Eftates of Lords and Commons are Derived by Grants or Concefllons from the Crown, Expo- fed as Notional and Imaginary 154, • . *55 Evidence Inferred from the late Union with Scotland 159 CHAP. III. Breaches of the Conftitution inftanced, viz. By permitting the Pope's Supremacy and his Exercife of Power in Ecclefi- aftical Affairs 164 By Founding Monafteries, and their In- grofling the Lands 1 6 5 By the Invafion of William the Conque- ror. His Repair of that Breach 167 Reafons why lbme Princes were invited and placed on the Throne 169 The Importance of PolTefTion ibid. Exclufion of Maud the Emprefs, and why 171, 172 Two Marriages of the Houfe of Brunf- rvicky with Daughters of Great-Britain ibid. CHAP. IV. Breaches in the Reign of Kjng John Grounds and Reafons of the Barons Wars 176 Power of Impofing Taxes Queftioned 177 King John's Magna Charta 180 King John, with Foreign Forces, makes War on his own People 184 Invitation of Lewis the Dauphin, and the miferable End of King John 186 King Johns Magna Charta in Latin and Englifb 188 CHAP, V. The Caufes of the Barons deferring Lewis the Dauphin 216 His Princely Demeanor towards his In- y iters ibid. Magn 1 The C O N T E N T S. Mdgha Cbarta Printed in the Statute- Book, how fetled and adjufted 217 Five Claufes of Kingf/o/Vs Magna Cbarta fubftraclred and omitted- 218 King Henry the Third's commendable Qualities 219 His Perional Infirmities 220 His Cancelling Magna Charta in full Parliament, "and why ibid. Degrading of Hubert de Bttfgo Earl of Kjnt, for advifing the King to Can- cer it 221 Foreigners trufted in the Miniftry 222 Whether the King can adminifter the Government by Foreigners 22 3 Allociation of Lords and Commons, a gain ft Foreigners ibid. Affociated Lords Meffage to the King, about Foreign Minifters ibid. Foreigners, on Pretence that the Mef- fage is High-Treafon, advife the King to make War on the Lords, and give their Eftates to Frenchmen 224 Foreign Minifters Introduce Foreign Mercenaries, to make War upon the Englijb 225 Strongbox, Head of the Affociated Lords, murdered in Ireland by Concert with England 226 The King obferving himfelf to Reign over Foreigners only, turns them off, and exafts a fevere Account from them 228 Inftances of the Commons denyingSup- plies 229 Re- Allociation of the Lords and Com- mons, on the King's Relapfe, and reftoring Foreigners ibid. Statute called the Provifions of Oxford, whereby Foreigners were ftripped and fent Home 229, 230 The King again reftores the Foreigners and in full Parliament declares, he would comply no longer with the Provifions of Oxford 231 The King and Prince Royal made Pri- foners at the Battle of Letves ibid. Foreigners fent Home, and Magna Cbarta reftored 231,233 CHAP. VI. Differences between King Edward I. and the Lords and Commons, touching the Power of Impofing Taxes, £jtV. a 3S That PowerAfcertained and Eftablifhed ibid, CHAP. VII. Breaches by King Edward IPs Delega- ting his Government to a Foreigner (Pierce Gavejlon) 241 And afterwards to the Two Spencers 246 Statute for Banifhing the Two Spencers, &c. 247 Lords Spiritual Affume to be a Fourth Eftate, and to have a Negative in Parliament 248 Accident that reftored the Spencers, and Ruin'd the Affociated Barons ibid. Cruelty of the Spencers ibid. Difpenfing Power Exercifed and how 249, 250 Murder of a Prince of the Blood (Earl of Lancafter) 251 Proceedings of the Two Spencers in the Government 252 State of the Nation in Relation to Scot- land 254 The Queen over-reaches the Spencers, and caufes a Revolution 255 Vacancy of the Throne Voted 259 CHAP. VII. King Richard II. delegates the Govern- ment to five Favourites 261 Expoftulations between the Parliament and this King 262 Confpiracy of the five Favourites to make the King abfolute 265 Judges Opinions countenancing the fame 267 Forces aflembled. to difturb Arbitrary Power 269 Judges impeached and condemned ibid. Trefilian hang'd,and others banifh'd ibid. Murder of the King's Uncle the Duke otGlouceJler 270 Parliament of the King's Nomination ; their bloody Proceedings 271 Delegation made by this Parliament of their Legiflative Authority 274 Proceedings by Virtue of this delegated Power ftod- Difturbance of Arbitrary Power, arid the Effeftsofit ibid. The Throne declared vacant 277 The Monarchical Eftate Reinftituted ' ibid. Thefe The CONTENTS. Thefe Proceeding cleared and declared Legal by Acts of Parliament 280 CHAP. VIII. Breaches in the Reign of Kjng Henry VI. Enumerations of the Princes of the Roy- al Family 285 Differences between the great Men 284 Alterations after theKing'sMarriage 285 Hereditary Right claimed by Richard Duke of Tork expofed 287 Male Administrations Enumerated 2S8 Duke of Tork^s Pretences renewed, and how improved 290 The Judicature taken by the King, and executed in his own Perfon, on the Impeachment of the Duke of Suffolk 292 Hereditary Right claimed by the Duke of Tork in Parliament 29? The Duke's Claim of Hereditary Right Rejected, and why 304 He obtains a Parliamentary Right ibid. An Act of Parliament for fetling the Suc- ceffion 30$ Edward IV. placed on the Throne by this Parliamentary Right 306 The Act of Parliament for Limiting the Succeffion to the Houfe of Tork, Verbatim 3 x EdwardlV's Title, by his Parliamentary Right 526 Breaches of the Constitution in the Reign of King Henry VII. 333 CHAP. IX. Breaches in the Reign of Kjng Charles I. Controversies between this King and his Parliament 33$ Maxims of the Imperial Laws 337 Questions between this King and his Commons 238 Proceedings of his Firft Seffions of Par- liament 340 A Squadron of Naval Forces deliver'd to France ibid. Proceedings of his 2d Sefllon of Parlia- ment at Oxford, &c. 341 Grievances of the Lords 342 Duke of Bucks Impeached, £j?r. ibid. Arreit of Two Members in the Lobby Subfidies only voted, and yet levied 545 Loans of Money Exacted, on Pain of Imprifonment 344 Dr. Manwaring impeached, convicted and punifhed ; yet pardoned and dignified j 4 - 1000 German Horfe fent for 347 Third Parliament obtains the Law call- ed the Petition of Right ibid. The uncommon Manner of giving the Royal A (Tent to it ibid. Exafperating Meffages to the Parlia- ment 35 r Tonnage and Poundage challenged as a Right 2 5I The Queen becomes the Head of the Ministry, after the Stabbing of the Duke of Buckingham 352 Dr. Laud, and Sir Thomas Wentworth\ Meafures, on being made Prime Mi- nisters 754 The King's Treatment of the Parlia- ment in their 4th Seffion 355 Nine Members imprifoned ibid. Power to impofe Taxes by Regal Au- thority, upon Pretence of Neceflitv, insinuated ^cj Government without Parliaments re- Solved on, and Proclamation prohi- biting to Speak of Parliaments 359 Instances of departing from the known Laws to Arbitrary Power 360 Three Members profecu'ted, fined and imprifoned for their Debates in Par- liament ?6i Sheriffs profecuted and fined, for being elected, and ferving in Parliament for Boroughs in other Counties 361 Star-Chamber, Punifhments of Prjnne, Burton, and Bafitvick, &c. 362 Imposition of the Tax of Ship-Money 364 The Proceedings thereupon 364 to 376 Judges Arguments to maintain the Im- position of Ship-Money 370 Maxim The Kjng can do no Wrong, il« lultrated 37! Confequences of the Judgment for Ship- Money 373 Refolution taken, to disturb this Arbi- trary Power 374 Lord Clarendons Cenfure of the Judges, J$ e ' 375 Difturbrnce appears from a little Cloud in the North portending Storms 378 Reformation from Popery in Scotland Stated 378 Weakneffes in the Constitution of Go- vernment in Scotland 380 P P.P P P P P P * he The CONTENT S. The native Vigour of the Scots fupplied thofeDefefts 382 King Charles's Coronation and Proceed- ings in Scotland ibid. Lord BAmerino profecuted and con- demned to Death for a modeft Peti- tion ?S 5 Means by which he was faved ibid. Impofition of Canons, and Liturgy in Scotland 386 Disturbance occafioned thereby 389 Invitation and Solicitation of the Scots to invade England ibid. An Army raifed to reduce Scotland 390 A Pacification made difhonourable to the King 391 New Army raifed, to reduce Scotland 39 2 > 393 Scots addrefs the French King tor Aflift- ance 394 Parliament called in April 1640, after a Recefs of twelve Years ibid. Difference between demanding Supplies in a legal, and in an illegal Method 395 Privilege of the Houfe of Commons to give Money queftioned and cleared 397 Overture, That for twelve Subfidies, the King would releafe his Right to impofe Taxes, debated and rejected 399 The Parliament diflblved ibid. Meafures concerted to carry on the War a gain ft Scotland, in cafe the Par- liament mould deny Money, viz. 402 An Army o£ Irijb to be raifed by Lord Strafford 403 A new Loan of Money to be demanded in England ibid. Cabinet Council's Refolutions ibid. Invafion by the Scots, in Augufi 1640, and their Pretences 404 Neccffity obliges the King to call a Par- liament 406, 407 Petitions for a Treaty with the Scots, how treated 408 A Treaty however agreed to 409 LoyJ Clarendons Ceni'ures on the Refo- ^^ution to call a Parliament Sio Invitation of the Scots Invafion, difco- vered by Lord Savile 412 The grand Parliament of November 1640 opened with a furprizing Speech from the Throne 4J? Famous Statutes ofReformation pafled in this Parliament 414 Impeachment of Earl Strafford, 416 The Treafon on which the Profecution was grounded ibid. The Overt-Fa&s affigned, In his Words 419 In his AQions 420 & fea; In his Counfels 425 The Treafon illuftrated 426 Defence made by the Earl 427 Reply by the Commons 428 Counfellor Lane's Argument for the Earl ibid. Arguments with which Mr. Lane's Ar- gument might have been encountred 429 Reafons for turning the Impeachment into a Bill of Attainder 43 1 The Repeal of this Attainder leaves the Point of Treafon untouched 432 The King's Speech before the Bill of At- tainder had pafTed the Two Houfes, about his Scruples, Voted a Breach of Privilege 433 Advices of Bifhopjf«jc0«, and Archbifhop Williams, on Occafionof hisMajefty's Scruples compared 434 Judges impeached for their Judgment about the Ship-Money 435 Provifion to pay the Scots Army, and fend them Home 437 The Circumftances of the King and People, and of the Inviting Members at this Time 438 New Meafures taken, viz. thelnviters to be profecuted, and Scotland to be brought to a Neutrality 440 The true Caufe of the Civil Wars 441 The King's Journey to Scotland affe&s the Inviters ibid. Character of Lord Antrim 442 King's extravagant Conceflions in Scot- land ibid. Confpiracy in Scotland to take off Ha- milton and Argyle 444 The Infb Maffacre ibid. Grand Remonftrance framed and pre- fen ted 445 Attorney-General's Impeachmentof the Five Members 446 The King's Demand of the Five Mem- bers, by a Serjeant at Arms 447 What would probably have been the Cafe of the Five Members, if Ar- retted 450 King's Entry into the Houfe of Com- mons to feize the Five Members 454 King's The CONTENTS. King's going into the City, and demand- ing the five Members 45? The Condition of the Houfe of Com- mons and of the five Members in this Cafe #'"<*• King's final Departure and Abfence from the Parliament 456 Secret Refolutions upon this untoward Conjuncture 457 The real Occafions of the Trouble, why artfully concealed by both Sides, from the People 45^ Plaufible Queftions or Debates publifh'd to the People 459 ' Debates about the Queen's Power over the Councils of State 460 Debates about the Defign to bring up the Army in the North, to awe the Parliament 4^5 Debates about the Irijb MafTacre 468 Conftitution excluding the King from taking Notice of any Bill depending in Parliament 472 Power of prefling Soldiers illuftrated ibid. Debates about Ireland continued 474 King's Intention to go over thither 476 Correfpondence of the Minifters with the Irijb Rebels 47 8 Debates about taking away the Bifhop's Votes _ 481 Perfecution of Proteftant DifTenters and Maltreatment of the French Proteftants ibid. Book of Sports 485 The Imperial or Civil Law, counte- nanc'd againft the Common Law 48 5 Bifhops impeach'd for infilling to be a 4th Eftate diftinft: from the Lords Temporal 486 Powers and Privileges of Parliament in general debated 487 Particular Privileges of Parliament in Relation to the five impeached Mem- bers, debated 489 Privilege to prohibit Council to plead for an Infringer of the Commons Rights 49 1 Debates continued ibid. Debates about the Laws in general, and whether the King had governed by Arbitrary Power 494 The King admits he had departed from the known Laws to an Arbitrary Power 5°° Debates about the King's abfenting from Parliament 5°5 Debates about the Power over the Mi- litia, and who (hall be Judge, to de- clare what is the Law in thatQueftion 50 S Vote, that the Nation was in Danger, that the Parliament was the proper Judges of that Danger, and of the Means to prevent it ; and that Ne- ceflity warranted their Providing a Defence 5 1 1 King judges not of Matters of Law, but by his Courts 51 £ Inferiour Courts not to judge againft: the Judgment of Parliament ibid. Lord Clarendon's Cenfure on this Head ibid. King is by Law obliged to aflent to fuch Laws as the Parliament fhall devife 5 1 5 King Charles's Senfe of Parliaments 516 Debates about the Property of National Forts, Garrifons, and Magazines of War ibid. King's Secret Defign to get Poffeflion of /fa//, and Debates whether the King was interefted, other wife than as a Truftee 517 And, whether the Shutting the Gates of Hull, by order of the Parliament againft the King wasTreafon 520 The Intentions of either Party to make War on the other 522 Invectives and Menaces on either Side 526 Debates about Religion, fo far as con- cerned the King's Children 529 Applications to Foreign States for and againft Afliftance 531 King's Refufal to be reputed, a King mifadvifed 53 $ Effects of the Debates, and how the People were byafled 535 Preliminary Steps of the Parliament to prevent Hoftilities 526 Hoftilities in the Year 1642 53S Parliaments Sollicitations of Scotland for Afliftance 540 Propofals of Peace by each Side to the other ibidi Hoftilities in the Year 164} 542 King's grand Declaration after the ta- king of Briftol 544 Deferters from the Parliament, how receiv'd by the King 548 Scotland agrees to make a fecond Inva- fion 548 Men- The CONTENTS. Montrofsh and Antrim's fecret Negocia- tions, i$c. 549 Secret Refolutions executed by Mon- trofs, Antrim, Ormond, &c. 551 Counter-Parliament called at Oxford, and their Proceedings 552 Hostilities in the Year 1644 5 $4 Treaty of Uxbridge 555 King's Offer to return to the Parliament after theBattleof Nafebj, co\d\y received * 55& Army wrcfts from the Parliament all Power, and ufurps the Government ibid. Secret Negociations in the Year 1659 for a Restoration, and the Bafis on which it proceeded 561 Parts acted by Monk and Granville 564 Act of Oblivion. AfamousClaufc therein, proving this Conftitution 565 Obfervations on the Reftoration, and on Lord Clarendon's Hiftory 566 CHAP. X. Breaches in the Reign of Kjng Charles II. The State -Contract, on which that Prince's Reftoration was grounded 568, 569 Instances wherein, Breaches on the Part of this King confided 571 The fecret League with frame 572 Oaths contrived to fetter the People $74 Firft Dutch War, and the Defign of it 575 Punifhment of dilTenting Protestants for their Disinclination to this War 576 The Oaths impofed on them by the Five Mile Act ibid. Triple Alliance entred into ; its Impor- tance ; the Breach of it, and Reafon thereof > 577, 578 Difpenfing Power, fhutting up the Ex- chequer, and affiiting trance with Forces 5^° Invafion of Holland, with French and English Forces 581 Elections of Members by Writs fent out, without Order, Questioned 585 Difpenfing Power DifcufTed and Recalled 585 Standing. Parliaments, and the Confe- quences of them 587 Triple Alliance broken, and difmal Con- fequences thereof 588 French Victories in the Intervals of Par- liament 589 Questions about making War, Peace, and Alliances ibid. Marriage of the Prince of Orange, with the Princefs Mary. MelTage fent to France ^ 9 1 Debates Renewed, about War and Peace. Evafions about declaring War and continuing or disbanding the Army 594 Bargains for Money, for permitting France to prefcribe the Peace at Ni- meguen 595, 596 Popifh Plot opened to the Parliament 595 Impeachment of the Earl of Danby 596 Pardon of that Impeached Earl 599 The Pardon and its Validity questioned 600 Bill of Exclufion, and Proceedings upon it 601 King's final Difmiflion of Parliaments 602 Delegating the Government to the Duke of Fork ibid. Duke's new Meafures of Government • 605 Quo Warranto a gain ft London. Argu- ments for and againft it, ftated 605 Tryals and Executions of Lord Rujfel, and Mr. Sidney. The Arguments ftated 612 Declaration of his Triumphs 619 Obfervations on this King and his Gra- titude 621 CHAP. XI. Breaches in the Reign of Kjng James II. This King's Notions of Government 624 This King's doing the fame Things as were done in the Time of his Royal Father 625 His fecret League with France 626 His Speech to the Council, and after to his firft Parliament 627 His Profecuting Mr. Willkms, for what he did, as Speaker of the Houfe of Commons 628 His declaring he would Violate the Test- Ad 630 His making Popifh Judges, and Privy Counfellors 631 The Judges Opinion obtained, for Dif- penfing Power ibid. Arguments for and againft the Difpen- fing Power 632 Hkh The CONTENT S. High Comraiffion, their Proceedings with the Bifhop of London, and the two Univerfities 63 5 Difpenfing Declarations for Liberty of Confidence 6^7 Seven Bifhops Petition, and their Prole- cution, &c. 6 j7 Bifhops Demeanour to the King, touch- ing the Invitation of the Prince of Orange, i§c. 641, 642 Free Parliaments contended for 644 Army at Salisbury, their Demeanour to the King 645 True Reafons why the King withdrew to France 647 Debates and Arguments for and againft the Vacancy of the Throne 649 Reinftituting of the Monarchical or Re- gal Eftate ibid. Limitation and Succeffion of the Crown to the Proteftant Heirs of the Houfe of Hanover 66 1 CHAP. XII. Proving the Difturbance of Arbitrary Power, the Placing on the Throne the Prince of Orange, and the Limita- tions of the Crown to Proteftant Heirs, to be Authorized by, &c 66^ Proof inferred from the Statute of 1 £ IV. cap. 1. 66 <) Proof inferr'd from Conceffions in the Cafe of Dr. Sacbeverel 668 Proof infer r'd from the Rights and Pow- ers of the Two Eftates of Lords and Commons 669 Sect. XVIII. u/CHAP. XL Breaches of the Conftitution, fuppofed to bs made by the Three Eftates, and the In- stances thereof Enumerated 6-j i to 68o CHAP. XIII. Remarks on the whole Sjjlem, viz. On Lord Clarendon's Hiftory 681 On the Printed Statute- Books, and Omiffions out of them 683 On the Judges Opinions, obtained as Preliminaries toStateProceedings 686 On the Oxford Decree of 1 68 3 687 On the Toleration for Liberty of Con- fcience 689 On the Impartiality and Partiality of Judges in Matters of J u ft ice ibid. On the Antiquity ofthe Conftitution 690 On fuch Bilhops as endeavour'd to fub- vert, and on fuch as AiTerted this Conftitution 619 On the Citizens of London, their De- meanour in Relation to the Conftitu- tion 692 On fuch Kings as Broke, and fuch as Obferved the Conftitution 693 On the Kings Henry VII. and VIII. 694 On Advifers and Writers for and againft: the Conftitution ibid. Conclufion ibid. ERRATA. PAGE 2f. 1. I. foTwhom, r. which. Ibid. 1. 3. for Subfifted, r. Suiftituted. P. 26. 1. 22. T. for Inju- ries P. j-2. 1. 9. r. Le Roy Remercier fes bons Sujets, jlccepte leur Benevolence, <£• ainli le veult ; i. e. The King Thanks his good Subject's, Accepts their Benevolence, and alfo Wills it to be a Lava. P. 97. 1. 7. for Pro* portion, r. Proportion. P. 122. 1. 2f. for Reptitious, r. Reptilious. P. Ifl. 1. 19. for made is, r. is made. P. 227. 1. 26. for King John, r. King Henry. P. 272. 1. 27. for his, r. this. P. 282. in the Margin, for Burton, r. Burnet. P. JIJ"- 1. 17, l£ Inftead of the Words no Laws would be more proper than thoje which, r. none could be more proper Judges of what would be proper Laws than thofe who. P. f2f. L ult. for boiled, r. broiled. P. $22. 1. 19. for Clarendon, r. Chancellor. P. 611. 1. 1. for Jujlice, r. Injuftice. P. 648. 1. 10. after the Word which, r. the Miniflers of. The END. Date DUE rftRRFl N FORM 335 40 M 0.42 I 342.42 fA177B 498507