Angliæ notitia, or The present state of England together with divers reflections upon the antient state thereof.
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Title
Angliæ notitia, or The present state of England together with divers reflections upon the antient state thereof.
Author
Chamberlayne, Edward, 1616-1703.
Publication
[London] :: In the Savoy, printed by T.N. for John Martyn, and are to be sold at the sign of the Bell without Temple-Bar,
1669.
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Link to this Item
http://name.umdl.umich.edu/A31570.0001.001
Cite this Item
"Angliæ notitia, or The present state of England together with divers reflections upon the antient state thereof." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A31570.0001.001. University of Michigan Library Digital Collections. Accessed June 8, 2024.
Pages
descriptionPage 87
Of the KING of
ENGLAND.
THe King is so called from
the Saxon word Koning,* 1.1
intimating Power and Know∣ledge,
wherewith every Sove∣raigne
should especially be in∣vested.
The Title antiently of the
Saxon King Edgar was Anglo∣rum
Basileus & Dominus qua∣tuor
Marium,* 1.2 viz. the British,
German, Irish, and Deucalido∣nian
Seas; and sometimes An∣glorum
Basileus omniumque Re∣gum,
Insularum, Oceanique
Britanniam circumsacentis,
cunctarumque Nationum quae in∣fra
descriptionPage 88
eum includuntur Imperator
& Dominus.
The Modern Title more mo∣dest,
is, Dei Gratiâ of England,
Scotland, France, and Ireland
King, Defender of the Faith.
The King only is Dei Gra∣tiâ
simply (i.e.) from the fa∣vour
of none but God; and
the Archbishops and Bishops
that pretend to that Title, must
understand, Dei gratiâ & Re∣gis,
or, Dei gratiâ & volun∣tate
Regis.
Defender of the Faith, was
antiently used by the Kings of
England, as appears by seve∣ral
Charters granted to the U∣niversity
of Oxford, but in the
year 1521 more affixt by a
Bull from Pope Leo the Tenth
for a Book written by Henry the
Eighth against Luthers, in de∣fence
descriptionPage 89
of some points of the
Romish Religion; but since
continued for defence of the
Antient Catholck and Apostolick
Faith.
Primogenitus Ecclesiae be∣longs
to the Kings of England,
because their Predecessor Luci∣us
was the first King that em∣braced
Christianity.
Christianissimus was by the
Lateran Council under Pope
Julius the 2d conferred on the
Kings of England in the 5th
year of Henry 8, though now
used only by the French King.
The Title of Grace was first
given to the King about the
time of H. 4. to H. 6. Excel∣lent
Grace, to Ed. 4. High and
Mighty Prince, to Hen. 8. first
Highness then Majesty, and
now Sacred Majesty; after the
descriptionPage 90
Custom of the Eastern Empe∣rours,
that used 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
The King of England in his
Publick Instruments and Let∣ters
stiles himself Nos, We, in
the plural number; before
King John's time the Kings u∣sed
the singular number, which
Custom is still seen in the end
of Writs, Teste meipso apu••
Westm.
In speaking to the King is u∣sed
often (besides Your Maje∣sty)
Syr, from Cyr, in the
Greek〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 an Abbreviation o••〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Dominus
much used to the Greek Empe∣rours;
but Syr or Domine i••
now in England become the
ordinary word to all of better
rank, even from the King to
the Gentleman. It was anti∣ently
in England given to
descriptionPage 91
Lords, afterwards to Knights,
and to Clergymen, prefixt be∣fore
their Christian Names;
••ow in that manner only to Ba∣••onets
and Knights of the Bath,
and Knights Batchelours, yet in
France Syr or Syre is reserved
only for their King.
About the time that our Sa∣viour
lived on Earth, there
was a Jewish Sect, whose Ring-••eader
was one Judas of Gaile,
mentioned Acts 5. 37. that
would not give this Title of
Sir or Dominus to any man;
affirming that it was proper on∣ly
to God, and stood (not un∣like
our new Fanaticks, called
Quakers) so perversely for
such Nominal Liberty (being
••n other points meer Pharisees)
that no penalties could force
them to give this honorary
descriptionPage 92
Title to any man, no not to
the Emperour; uti videre 〈◊〉〈◊〉
apud Josephum & alios. Sed h••••
obiter.
The Saxon Kings before the
Conquest bare.* 1.3Azure a Cross••
Formy between four Martlet
Or.
Afterward the Danish King
raigning in England bare o••
Semi de Harts, Gules 3 Lyon
Passant Gardant Azure.
After the Conquest the
Kings of England bare two
Leopards, born first by the
Conquerour as Duke of Nor∣mandy,
till the time of Hen. 2
who in right of his Mother an∣next
her Paternal Coat the
Lyon of Aquitaine, which be∣ing
of the same Field, Mettal▪
and Form with the Leopards,
descriptionPage 93
••••om thence-forward they were
••intly marshalled in one Shield,
and Blazoned 3 Lyons, as at
••resent.
King Edward the Third in
••••ght of his Mother claiming
••he Crown of France, with the
Arms of England quartered
the Arms of France, which
then were Azure, Semy Flower
••eluces Or; afterwards chang∣ed
to 3 Flower deluces: where∣upon
Hen. 5. of England cau∣sed
the English Arms to be
changed likewise: King James
upon the Union of England
and Scotland, caused the Arms
of France and England to be
quartered with Scotland and Ire∣land,
and are thus blazoned.
The King of England bear∣eth
for his Soveraign Ensigns
Armorial as followeth:
descriptionPage 94
In the first place, Azure 3
Flower deluces Or; for the Re∣gal
Arms of France quartered
with the Imperial Ensigns of
England, which are Gules thre••
Lyons Passant Gardant in Pal••
Or. In the second place, with
in a double Tressure counter-flowered
de lys Or, a Lyon Ram∣pant
Gules for the Royal Arms
of Scotland. In the third place
Azure an Irish Harp Or String∣ed
Argent, for the Royal En∣signs
of Ireland. In the fourth
place as in the first, All with∣in
the Garter, the chief Ensign
of that most Honourable Or∣der,
above the same an Helmet
answerable to His Majesties So∣veraign
Jurisdiction, upon the
same a rich Mantle of Cloth of
Gold doubled Ermine, adorned
with an Imperial Crown, and
descriptionPage 95
surmounted for a Crest by a
Lyon Passant Gardant Crowned
with the like; supported by
〈◊〉〈◊〉Lyon Rampant Gardant Or,
Crowned as the former, and an
unicorn Argent Gorged, with a
Crown, thereto a Chain af∣fixt
passing between his fore∣••egs
and reflext over his back
Or, both standing upon a Com∣partment
placed underneath,
and in the Table of the Com∣partment
His Majesties Royal
Motto, Dieu & mon Droit.
The Supporters used before
the Union of England and Scot∣land
were the Dragon and Lyon.
The Arms of France placed
first, for that France is the
greater Kingdom, and because
from the first bearing, those
Flowers have been alwayes En∣signs
of a Kingdom; whereas
descriptionPage 96
the Arms of England were o∣riginally
of Dukedoms as before∣said.
The Motto upon the Garter,
Honi soit qui mal y pense; that
is, Shame be to him that evil
thereof thinketh, was first gi∣ven
by Edward 3 the Foun∣der
of that Order, upon occasi∣on
as some have written of
a Garter falling from the
Countess of Kent and Salisbu∣ry
as she danced, and taken up
by that King; whereat the
Queen being jealous, or the
Courtiers observing it, the
King first uttered those words
now upon the Garter, whereof
the Order was soon after insti∣tuted.
The Motto Dieu & mon
Droit, that is, God and my
Right, was first given by Richard
descriptionPage 97
the First, to intimate that the
King of England holdeth his
Empire not in Vassallage of a∣ny
mortal man, but of God on∣ly;
and after taken up by Ed∣ward
3. when he first claimed
the Kingdom of France.
King William the Conque∣rour
getting by right of Con∣quest
all the Lands of England
(except Lands belonging to the
Church,* 1.4 to Monastenies, and
Religious Houses) into his own
hands in Demesne, as Lawyers
speak, soon bestowed amongst
his Subjects a•• great part there∣of,
reserving some retribution
of Rents and Services, or both
to him and his Heirs Kings of
England; which reservation, is
now, as it was before the Con∣quest,
called the Tenure of
descriptionPage 98
Lands; the rest he reserved to
himself in Demesne, called Co∣ronae
Regis Dominica, Domaines,
and Sacra Patrimonia, Praedium
Domini Regis, Directum Do∣minum,
cujus nullus est Author
nisi Deus: all other Lands in
England being held now of
some Superiour, and depend
mediately or immediately on
the Crown; but the Lands
possest by the Crown, being
held of none, can escheat to
none; being sacred, cannot be∣come
prophane: are or should
be permanent and inalienable.
Which Royal Domaines are
(by Time, the Gift and Boun∣ty
of our Kings, and some
Necessities for the preservation
of the Weal Publick) too
much alienated.
descriptionPage 99
The Antient Dominions of
the Kings of England,* 1.5 were
first, England and all the Seas
round about Great Britain and
Ireland, and all the Isles adja∣cent,
even too the Shores of all
the Neighbour Nations; and
our Law saith the Sea is of the
Ligeance of the King, as well
as the Land: and as a mark
thereof, all ships of Foreigners
have antiently demanded leave
to fish and pass in these Seas,
and do at this day Lower their
Top-sailes to all the Kings Ships
of War.
To England Henry 1. an∣next
Normandy, and Henry 2.
Ireland, being stiled only Lord
of Ireland till 33 H. 8. al∣though
they had all Kingly Ju∣risdiction
before.
descriptionPage 100
Henry 2. also annext the
Dukedomes of Guien and An∣jou,
the Counties of Poictou,
Turein, and Mayn. Edward
the First all Wales, and Ed∣ward
the Third the Right,
though not the Possession of all
France.
King James added Scotland,
and since that time there have
been super-added sundry con∣siderable
Plantations in Ame∣rica.
The Dominions of the King
of England are at this day in
Possession (besides his just
Right and Title to the King∣dom
of France) all England,
Scotland, and Ireland, Three
Kingdoms of large extent,
with all the Isles, above 40 in
number small and great; where∣of
some very considerable: and
descriptionPage 101
all the Seas adjacent. Moreo∣ver
the Islands of Jersey,
Garnsey, and Alderny, Parcel
of the Dutchy of Normandy;
besides those profitable Plan∣tations
of New England, Vir∣ginia,
Barbados, Jamaica,
Florida, Bermudos; besides se∣veral
other Isles and Places in
those Quarters, and some in
the East Indies and upon the
Coast of Africa; also upon the
main land of America, by
right of first discovery; to E∣stoit
land, Terra Corterialis,
New found Land, Novum Bel∣gium,
Guiana, the King of
England hath a Legal Right,
though not Possession.
Rex Angliae est Persona mixta
cum Sacerdote,* 1.6 say our Lawyers.
He is a Priest as well as a King.
descriptionPage 102
He is anointed with Oyle, as
the Priests were at first, and af∣terward
the Kings of Israel; to
intimate that his Person is Sa∣cred
and Spiritual: and there∣fore
at the Coronation hath
put upon him a Sacerdotal
Garment called the Dalmatica,
&c. and before the Reforma∣tion
of England, when the
Cup in the Lords Supper was
denied to the Laity, the King
as a Spiritual Person received
in both kinds: He is capable of
Spiritual Jurisdiction, of hold∣ing
of Tythes, all Extra-Paro∣chial
Tythes some Proxies,
and other Spiritual Profits be∣long
to the King, of which
Laymen both by Common
and Canon Law are pronoun∣ced
uncapable.
descriptionPage 103
He is an External Bishop of
the Church, as Constantine the
Emperour said of himself,〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; But I am con∣stituted
Bishop for external things
of the Church.
Rex idem hominum Phaebique
Sacerdos.
He is as the Roman Empe∣rours
Christian as well as Hea∣then
stiled themselves, Ponti∣fex
Max. He is the Supreme
Pastor of England, and hath
not only Right of Ecclesiastical
Government, but also of Exerci∣sing
some Ecclesiastical Functi∣on
so far as Solomon did, 1 Kings
8. when he blessed the People,
consecrated the Temple, and
pronounced that Prayer which
descriptionPage 104
is the Pattern now for Conse∣cration
of all Churches and
Chappels; but all the Ministe∣rial
Offices are left to the Bi∣shops
and Priests, as the deter∣minination
of Causes are to the
Kings Judges, although the
King may himself sit in Judge∣ment,
if the Affairs of State did
not alwayes require his Presence
at the Helme; and the Admini∣stration
of Sacraments, Preach∣ing,
and other Church Offices
and Duties to the Bishops and
their Ordained Clergy.
Of this Sacred Person of the
King, of the life and safety there∣of,
the Laws and Customs of
England are of tender, that they
have made it High Treason, one∣ly
to imagine or intend the death
of the King. And because by
imagining or conspiring the
descriptionPage 105
death of the Kings Counsellors or
Great Officers of his Houshold,
the destruction of the King
hath thereby sometimes ensued,
and is usually aimed at (saith
Stat. 3 H. 7.) that also was
made felony, to be punisht
with death, although in all o∣ther
Cases Capital the Rule is
Voluntas non reputabitur pro fa∣cto;
and an English Man may
not in other Cases be punisht
with death, unless the Act fol∣low
the Intent.
The Law of England hath so
high esteem of the Kings Per∣son,
that to offend against
those Persons and those things
that represent his Sacred Per∣son,
as to kill some of the
Crown Officers or the Kings
Judges executing their Office,
or to counterfeit the Kings
descriptionPage 106
Seals, or his Moneys, is made
High Treason; because by all
these the Kings Person is repre∣sented:
and High Treason is in
the Eye of the Law so horrid,
that besides loss of Life and
Honour, Real and Personal
Estate, to the Criminal, his
Heirs also are to lose the same
for ever, and to be ranked a∣mongst
the Peasantry and Ig∣noble,
till the King shall please
to restore them. Est enim tam
grave crimen (saith Bracton) ut
vix permittitur haeredibus qu••d
vivant. High Treason is so
grievous a Crime, that the
Law not content with the Life
and Estate and Honour of the
Criminal, can hardly endure
to see his heirs survive him,
And rather than Treason a∣gainst
the Kings Person shall go
descriptionPage 107
unpunisht, the Innocent in
some Cases shall be punished;
for if an Idiot or Lunatick (who
cannot be said to have any
will, and so cannot offend) du∣ring
his Idiocy or Lunacy,
shall kill, or go about to kill
the King, he shall be punisht
as a Traytor; and yet being
Non compos mentis, the Law
holds that he cannot commit
Felony or Petit Treason, not
other sorts of High Treason.
Moreover, for the precious
regard of the Person of the
King, by an Antient Record it
is declared, that no Physick
ought to be administred to him,
without good Warrant, this
Warrant to be made by the
Advice of his Council; no o∣ther
Physick but what is menti∣oned
in the Warrant ro be ad∣ministred
descriptionPage 108
to him; the Physitians
to prepare all things with their
own hands, and not by the
hands of any Apothecary; and
to use the assistance only of such
Chyrurgeons as are prescribed in
the Warrant.
And so precious is the Person
and Life of the King, that e∣very
Subject is obliged and
bound by his Allegeance to
defend his Person in his Natural
aswell as Politick Capacity with
his own Life and Limbs;
wherefore the Law saith that
the life and member of every
Subject is at the service of the
Soveraign. He is Pater Patriae
& Dulce erit pro Patre Patriae
mori, to lose life or limb in de∣fending
him from Conspiracies,
Rebellions, or Invasions, or in
the Execution of his Laws,
descriptionPage 109
should seem a pleasant thing to
every loyal hearted Subject.
The Office of the King of
England,* 1.7 (according to the
Learned Fortescue) is, Pugnare
bella populi sui & eos rectissime
judicare. To fight the Battels
of his People, and to see Right
and Justice done unto them.
Or (according to another) it
is to protect and govern his
People, so that they may (if
possible) lead quiet and peacea∣ble
lives in all Godliness and
Honesty under him.
Or more particular (as is
promised at the Coronation)
to preserve the Rights and Pri∣viledges
of the Church and
Clergy, the Royal Prerogatives
belonging to the Crown, the
Laws and Customs of the Realm,
descriptionPage 110
to do Justice, shew Mercy, and
keep Peace and Vnity, &c.
The King for the better per∣formance
of this great and
weighty Office,* 1.8 hath certain
Jura Majestatis, extraordina∣ry
Powers, Preeminencies, and
Priviledges, inherent in the
Crown, called antiently by
Lawyers Sacra Sacrorum, and
Flowers of the Crown, but com∣monly
Royal Prerogatives;
whereof some the King holds
by the Law of Nations, others
by Common Law (excellent a∣bove
all Laws in upholding a
free Monarchy and exalting the
Kings Prerogative) and some
by Statute Law.
The King only and the King
alone, by his Royal Preroga∣tive,
hath Power without Act
descriptionPage 111
of Parliament to declare War,
make Peace, send and receive
Ambassadours, make Leagues
and Treaties with any Foreign
States, give Commissions for
levying Men and Arms by Sea
and Land, or for pressing Men
if need require, dispose of all
Magazines, Ammunition, Ca∣stles,
Fortresses, Ports, Havens,
Ships of War, and Publick Mo∣neys;
hath the sole Power to
coyn Money, appoint the Met∣tal,
Weight, Purity, and Value
thereof, and by his Proclamati∣on
make any Foreign Coyn to be
lawful Money of England.
By his Royal Prerogative
may of his meer Will and Plea∣sure
Convoke, Adjourn, Pro∣rogue,
Remove, and Dissolve
Parliaments; may to any Bill
passed by both Houses of Parli∣ament,
descriptionPage 112
refuse to give (without
rendring any reason) his Royal
Assent, without which a Bill
is as a Body without a Soul.
May at pleasure encrease the
number of the Members of
both Houses, by creating more
Barons and bestowing Privi∣ledges
upon any other Towns
to send Burgesses to Parliament.
May call to Parliament by
Writ whom he in his Princely
Wisdome thinketh fit, and may
refuse to send his Writ to o∣thers
that have sate in former
Parliaments. Hath alone the
choice and nomination of all
Commanders and other Officers
at Land and Sea, the choice
and nomination of all Magi∣strates,
Counsellors, and Offi∣cers
of State, of all Bishops and
other High Dignities in the
descriptionPage 113
Church, the bestowing of all
••onours both of higher and of
••••wer Nobility of England,••he Power of determining Re∣••ards
and Punishments.
By His Letters Patents may
••ect new Counties, Bishopricks,
••niversities, Cities, Burroughs,
••••lledges, Hospitals, Schools,
••airs, Markets, Courts of Ju∣••••ice,
Forests, Chases, Free
••arrens, &c.
The King by his Prerogative
••••th power to enfranchise an
••lien and make him a Denison,••hereby he is enabled to pur∣••••ase
Leases of Houses and
••ands, and to bear some Offi∣••es.
Hath power to grant Let∣••rs
of Mart or Reprisal.
The King by his Preroga∣••ive
hath had at all times the
••ight of Purveyance or Pre∣emption
descriptionPage 114
of all sorts of Victua••
neer the Court, and to tal••Horses, Carts, Boats, Ships
for his Carriages at reasonab••••
rates; also by Proclamation 〈◊〉〈◊〉
set reasonable rates and pric••
upon Flesh, Fish, Fowl, Oa••
Hay, &c. which his Majes••••
now raigning was pleased to ex∣change,
and in liew thereof 〈◊〉〈◊〉
accept of some other recom∣pence.
Debts due to the King are
the first place to be satisfied, 〈◊〉〈◊〉
case of Executorship and Admi••∣nistratorship;
and until th••
Kings Debt be satisfied, he ma••••Protect the Debtor from the ar∣rest
of other Creditors.
May distrain for the who••
rent upon one Tenant that hold••∣eth
not the whole land; ma••
require the Ancestors Debt 〈◊〉〈◊〉
descriptionPage 115
••he Heir, though not especi∣••ly
bound, is not obliged to
••••mand his rent as others are.
••••ay sue in what Court he
••••ease, and distrain where he
〈◊〉〈◊〉.
No Proclamation can be
••ade but by the King.
No Protection for a Defen∣••ant
to be kept off from a Suit,
••t by him, and that because
〈◊〉〈◊〉 is actually in his Service.
He only can give Patents, in
••se of losses by Fire, to re∣••ive
the Charitable Benevolen∣••s
of the People; without
••hich no man may ask it pub∣••••kly.
No Forest, Chase, or Park
〈◊〉〈◊〉 be made, nor Castle to be
••uilt, without the Kings Au∣••••ority.
descriptionPage 116
The sale of his Goods in a
open Market will not take awa••
his property therein.
His Servants in ordinary a••
priviledged from serving in an
Offices▪ that require their at∣tendance,
as Sheriff, Consta∣ble,
Churchwarden▪ &c.
All Receivers of Money
for the King, or Accompta••••
to him for any of his Revenue••
their Persons, Lands, Goods
Heirs, Executors, Administra∣tors,
are chargeable for th••
same at all times; for, Nullu••
tempus occurrit Regi.
His Debtor hath a kind 〈◊〉〈◊〉
Prerogative remedy by a Q••∣minus
in the Exchequer a∣gainst
all other Debtors, or a∣ny
against whom they have an••
Cause of Personal Action
supposing that he is thereb••
descriptionPage 117
••isabled to pay the King: and
〈◊〉〈◊〉 this Suit the Kings Debtor
••eing Plaintiff, hath some Pri∣••iledges
above others.
In Doubtful Cases, Semper
••••aesumitur pro Rege.
No Statute restraineth the
King, except he be especially
••amed therein. The quality of
his Person alters the Descent
of Gavelkind, the Rules of
Joynt Tenaney; no Estopel can
bind him nor Judgment final
in a Writ of Right.
Judgments entred against the
Kings Title, are entred with a
Salvo Jure Domini Regis, that
if at any time the Kings Coun∣cil
at Law can make out his
Title better; that Judgement
shall not prejudice him, which is
not permitted to the Subject.
descriptionPage 118
The King by his Prerogativ••
may demand reasonable Aid
Money of his▪ Subjects to Knigh••
his Eldest Son at the Age of 15
and to marry his Eldest
Daughter at the Age of 〈◊〉〈◊〉
years, which reasonable Aid
is Twenty Shillings for every
Knights Fee, and as much for
every Twenty Pound a year in
Socage. Moreover, if the King
be taken Prisoner; Aid Money
is to be paid by the Subjects to
set him at liberty.
The King upon reasonable
causes him thereunto moving
may protect any man against
Suits at Law, &c.
In all Cases where the King
is party, his Officers with an
arrest by force of a Process at
Law may enter (and if entrance
be denied) may break open the
descriptionPage 119
••ouse of any man, although
••ery mans House is said to be
〈◊〉〈◊〉 Castle, and hath a privi∣••••dge
to protect him against all
••her Arrests.
A Benefice or Spiritual Li∣••ng
is not full against the King
〈◊〉〈◊〉Institution only, without In∣••••ction,
although it be so against
Subject.
None but the King can hold
••••ea of false judgments in the
••ourt of his Tenants.
The King of England by his
••rerogative is Summus Regni
••ustos, and hath the Custody
••f the Persons and Estates of
••uch as for want of understanding
••annot govern themselves〈◊〉〈◊〉 or
••erve the King; so the Persons
••nd Estates of Ideots and Lu∣••aticks
are in the Custody of
••he King, that of Ideots to
descriptionPage 120
his own use, and that of Lu••∣naticks
to the use of the nex••
Heir. So the Custody or Ward••••ships
of all such Infants who••
Ancestors held their Lands b••
Tenure in Capite or Knight
service, were ever since th••
Conquest in the Kings of Eng∣land,
to the great honour an••
benefit of the King and King••dom,
though some abuse••
made some of the people out 〈◊〉〈◊〉
love with their good, and th••
Right of that part of his ju••••
Prerogative.
The King by his Preroga∣tive
is Ultimus Haeres Regni
and is (as the Great Ocean is 〈◊〉〈◊〉
all Rivers) the receptacle of a••
Estates when no Heir appears
for this cause all Estates fo••
want of Heirs or by forfeiture
revert or escheat to the King▪
descriptionPage 121
All spiritual Benefices for want
of Presentation by the Bishop,
is lapsed at last to the King;
all Treasure Trove (that is, Mo∣ney,
Gold, Silver, Plate, or
Bullion, found, and the Ow∣ner
unknown) belongs to the
King; so all Wayfs, Strays,
Wrecks, not granted away by
him or any former Kings; all
Wast ground or Land recovered
from the Sea; all Lands of A∣liens
dying before Naturaliza∣tion
or Denization, and all
things whereof the property is
not known. All Gold and Silver
Mines in whosoever ground
they are found; Royal Fishes,••s Whales, Sturgeons, Dolphins,
&c. Royal Fowl, as Swans, not
markt and swimming at liberty
on the River, belong to the
King.
descriptionPage 122
In the Church the Kings Pre∣rogative
and Power is extraor∣dinary
great. He only hath the
Patronage of all Bishopricks,
none can be chosen but by his
Conged' Estier, whom he hath
first nominated; none can be
consecrated Bishop or take pos∣session
of the Revenues of the
Bishoprick without the Kings
special Writ or Assent. He is
the Guardian or Nursing Fa∣ther
of the Church, which our
Kings of England did so reckon
amongst their principal cares,
as in the 23th year of King Ed∣ward
the First it was alledg∣ed
in a pleading and allowed.
The King hath power to call a
National or Provincial Synod,
and by Commissioners or by
his Metropolitanes in their se∣veral
Jurisdictions to make Ca∣nons,
descriptionPage 123
Orders, Ordinances, and
Constitutions, to introduce into
the Church what Ceremonies he
shall think fit; reform and cor∣rect
all Heresies, Schismes, and
punish Contempts, &c. and
therein and thereby to declare
what Doctrines in the Church
are fit to be publisht or professed,
what Translation of the Bible to
be allowed, what Books of the
Bible are Canonical and what
Apocryphal, &c.
In 28 of Eliz. when the
House of Commons would have
passed Bills touching Bishops
granting Faculties, conferring
Holy Orders, Ecclesiastical Cen∣sures,
the Oath Ex Officio, Non
Residency, &c. the Queen much
incensed, forbad them to med∣dle
in any Ecclesiastical Affairs,
for that it belonged to her Pre∣rogative,
&c.
descriptionPage 124
The King hath power to par∣don
the violation of Ecclesiasti∣cal
Laws, or to abrogate such as
are unfitting or useless; to di∣spense
with the Rigour of Ec∣clesiastical
Laws, and with any
thing that is only prohibitum &
malum per accidens & non ma∣lum
in se; as for a Bastard to be
a Priest, for a Priest to hold two
Benefices, or to succeed his Fa∣ther
in a Benefice, or to be Non
Resident, &c.
Hath power to dispense with
some Acts of Parliament, Pe∣nal
Statutes, by Non Obstan∣tes,
where himself is only con∣cerned;
to moderate the rigor
of the Laws according to Equi∣ty
and Conscience, to alter or
suspend any particular Law,
that he judgeth hurtful to the
Commonwealth; to grant spe∣cial
descriptionPage 125
Priviledges and Charters to
any Subject, to pardon a man
by Law condemned; to inter∣pret
by his Judges Statutes, and
in Cases not defined by Law, to
determine and pass Sentence.
And this is that Royal Pre∣rogative
which in the hand of a
King is a Scepter of Gold, but
in the hands of Subjects is a
Rod of Iron.
This is that Jus Coronae, a
Law that is parcel of the Law
of the Land, part of the Com∣mon
Law, and contained in it,
and hath the precedence of all
Laws and Customs of England;
and therefore void in Law is e∣very
Custom quae exaltat se in
Praerogativam Regis.
Some of these Prerogatives,
especially those that relate to
Justice and Peace▪ are so essen∣tial
descriptionPage 126
to Royalty, that they are
for ever inherent in the Crown,
and make the Crown: they are
like the Sun-beams in the Sun,
and as inseparable from it; and
therefore it is held by great
Lawyers that a Prerogative in
point of Government cannot be
restrained or bound by Act of
Parliament, but is as unaltera∣ble
as the Laws of the Medes
and Persians: wherefore the
Lords and Commons (Rot.
Parl. 42. Edw. 3. num. 7.) de∣clared
that they could not as∣sent
in Parliament to any thing
that tended to the disherison of
the King and the Crown,
whereunto they were sworn;
no though the King should de∣sire
it: and every King of Eng∣land
as he is Debitor Justitiae
to his people, so is he in con∣science
descriptionPage 127
obliged to defend and
maintain all the Rights of the
Crown in possession, and to
endeavour the recovery of those
whereof the Crown hath been
dispossest, and when any King
hath not religiously observed
his duty in this point, it hath
proved of very dreadful conse∣quence;
as the first fatal blow
to the Church of England was
given when Hen. 8. waving his
own Royal Prerogative, refer∣red
the redress of the Church
to the House of Commons (as
the Lord Herbert observes
Hist. Hen. 8.) So the greatest
blow that ever was given to
Church and State, was when
the late King parting with his
absolute Power of dissolving
Parliaments gave it (though
only pro ill•• vice) to the Two
descriptionPage 128
Houses of Parliament. And in∣deed
it greatly concerns all Sub∣jects
(though it seem a Para∣dox)
to be far more solicitous
that the King should maintain
and defend his own Prerogative
and Preeminence, than their
Rights and Liberties; the truth
whereof will appear to any man
that sadly considers the mis∣chiefs
and inconveniencies that
necessarily follow the diminuti∣on
of the Kings Prerogative a∣bove
all that can be occasi∣oned
by some particular in∣fringements
of the Peoples Li∣berties.
As on the other side
it much concerns every King of
England to be very careful of
the Subjects just Liberties, ac∣cording
to that Golden Rule of
the best of Kings Charles I,
That the Kings Prerogative is to
descriptionPage 129
defend the Peoples Liberties,
and the Peoples Liberties
strengthen the Kings Preroga∣tive.
Whatsoever things are pro∣per
to Supreme Magistrates,* 1.9 as
Crowns, Scepters, Purple R••be,
Golden Globe, and Holy Uncti∣on,
have as long appertained to
the King of England as to any
other Prince in Europe. He
holdeth not his Kingdom in
Vassallage, nor receiveth his
Investiture or Installment from
another. Acknowledgeth no
Superiority to any but God on∣ly.
Not to the Emperour, for
Omnem Potestatem habet Rex
Angliae in Regno suo quam Impe∣rator
vendicat in Imperio; and
therefore the Crown of Eng∣land
hath been declared in Par∣liaments
descriptionPage 130
long ago to be an Im∣perial
Crown, and the King to
be an Emperour of England and
Ireland, and might wear an Im∣perial
Crown, although he
choseth rather to wear a Tri∣umphant
Crown, such as was
anciently worn by the Empe∣rours
of Rome, and that be∣cause
his Predecessors have tri∣umpht,
not only over Five
Kings of Ireland, but also over
the Welsh, Scottish, and French
Kings.
He acknowledgeth onely
Precedence to the Emperour,
Eo quod Antiquitate Imperium
omnia Regna superare creditur.
As the King is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in
the State, so he is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
in the Church. He acknow∣ledgeth
no Superiority to the
Bishop of Rome, whose long ar∣rogated
descriptionPage 131
Authority in England
was 1535 in a full Parliament
of all the Lords Spiritual as
well as Temporal declared null,
and the King of England de∣clared
to be by Antient Right
in all Causes over all Persons
as well Ecclesiastical as Ci∣vil,
Supreme Head and Gover∣nour.
The King is Summus totius
Ecclesiae Anglicanae Ordinarius,
Supreme Ordinary in all the
Dioceses of England〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,
and for his Su∣perintendency
over the whole
Church, hath the Tenths and
First-Fruits of all Ecclesiasti∣cal
Benefices.
The King hath the Supreme
Right of Patronage over all
England, called Patronage Pa∣ramount
over all the Ecclesia∣stical
descriptionPage 132
Benefices in England; so
that if the mean Patron as afore∣said
present not in due time,
nor the Ordinary, nor Metro∣politan,
the Right of Presen∣tation
comes to the King, be∣yond
whom it cannot go. The
King is Lord Paramount, Su∣preme
Landlord of all the
Lands of England, and all
landed men are mediately or
immediately his Tenants by
some Tenure or other, for no
man in England but the King
hath Allodium, Directum Domi∣num,
the sole and independent
Property or Domain in any
Land, He that hath the Fee the
Jus perpetuum and Utile Domi∣nium,
is obliged to a duty to his
Soveraign for it; so it is not sim∣ply
his own, he must swear fe∣alty
to some Superiour.
descriptionPage 133
The King is Summus totius
Regni Anglicani Justitiarius,
Supreme Judge, or Lord Chief
Justice of all England. He is
the Fountain from whence all
Justice is derived, no Subject
having here as in France, Haute
moyenne & basse Justice. He
only hath the Soveraign power
in the Administration of Ju∣stice,
and in the Execution of
the Law, and whatsoever pow∣er
is by him committed to o∣thers,
the dernier resort is still
remaining in himself; so that
he may sit in any Court, and
take Cognisance of any Cause
(as antiently Kings sate in the
Court now called the Kings
Bench, Henry the Third in
his Court of Exchequer, and
Hen. 7. and King James some∣times
in the Star-Chamber) ex∣cept
descriptionPage 134
in Felonies, Treasons,
&c. wherein the King being
Plaintiff and so Party, he sits
not personally in Judgement,
but doth performe it by Dele∣gates.
From the King of England
there lies no Appeal in Ecclesi∣astical
Affairs to the Bishop of
Rome, as it doth in other prin∣cipal
Kingdoms of Europe, nor
in Civil Affairs to the Emperour,
as in some of the Spanish and o∣ther
Dominions of Christen∣dom;
nor in either to the Peo∣ple
of England (as some of late
have dreamt) who in them∣selves,
or by their Representa∣tives
in the House of Com∣mons
in Parliament, were ever
Subordinate and never Superiour,
nor so much as Co-ordinate to
the King of England.
descriptionPage 135
The King being the onely
Soveraign and Supreme Head,
is furnisht with plenary Power
Prerogative and Jurisdiction to
render Justice to every Member
within his Dominions; where∣as
some Neighbour Kings do
want a full power to do Justice
in all Causes to all their Sub∣jects,
or to punish all Crimes
committed within their own
Dominions especially in Causes
Ecclesiastical.
In a word, Rex Angliae nemi∣nem
habet in suis Dominiis Supe∣riorem
nec Parem sed omnes sub
illo, ille sub nullo nisi tantùm sub
Deo, a quo secundus, post quem
primus, ante omnes & super om∣nes
(in suis ditionibus) Deos &
Homines.
descriptionPage 136
The Title of Dii or Gods,* 1.10
plurally is often in Holy Writ
by God himself attributed to
Great Princes, because as Gods
Vicars or Vice-dei upon Earth,
they represent the Majesty and
Power of the God of Heaven
and Earth: and to the end that
the people might have so much
the higher esteem and more re∣verend
awfulness of them; for
if that fails, all Order fails; and
thence all Impiety and Calamity
follows.
The Substance of the Titles
of God was also used by the
Antient Christian Emperours,
as Divinitas nostra & Aeterni∣tas
nostra, &c. as imperfectly
and analogically in them, though
essentially and perfectly only in
God; and the good Christians
descriptionPage 137
of those times out of their ex∣cess
of respect, were wont to
swear by the Majesty of the
Emperour (as Joseph once by
the life of Pharaoh) and Vege∣••ius
a learned Writer of that
Age seems to justifie it; Nam
Imperatori (saith he) tanquam
praesenti & corpoarli Deo fidelis
est praestanda Divotio & pervi∣gil
impendendus famulatus; De••
enim servimus cum fideliter di∣ligimus
cum, qui Deoregnat Au∣tore.
So the Laws of England
looking upon the King as a
God upon earth, do attribute
unto him divers excellencies
that belong properly to God
alone, as Justice in the Ab∣stract;
Rex Angliae non potest
cuiquam injuriam facere. So al∣so
Infallibility, Rex Angliae non
descriptionPage 138
potest errare. And as God is
perfect, so the Law will have
no Imperfection found in the
King.
No Negligence or Laches,
no Folly, no Infamy, no stain
or corruption of blood; for by
taking of the Crown all for∣mer
though just Attainders, and
that by Act of Parliament i••ipso facto pu••ged. No Nonage
or Minority, for his Grant of
Lands, though held in his Na∣tural
not Politick Capacity,
cannot be avoided by Nonage▪
Higher than this the Law at∣tributeth
a kind of immortali∣ty
to the King, Rex Angliae
non moritur; his Death is in
Law termed the Demise of the
King, because thereby the
Kingdom is demised to ano∣ther:
He is said not subject to
descriptionPage 139
Death, because he is a Corpo∣ration
in himself that liveth for
ever, all Interregna being in
England unknown, the same
moment that one King dies,
the next Heir is King fully and
absolutely without any Corona∣tion,
Ceremony, or Act to be
done ex post facto.
Moreover, the Law seem∣eth
to attribute to the King a
certain Omnipresency, that the
King is in a manner every
where, in all his Courts of Ju∣stice,
and therefore cannot be
non-suited (as Lawyers speak)
in all his Palaces, and therefore
all Subjects stand bare in the
Presence Chamber, wheresoever
the Chair of State is placed,
though the King be many
miles distant from thence. He
hath a kind of universal influ∣ence
descriptionPage 140
over all his Dominions, e∣very
soul within his Territories
may be said to feel at all times
his Power and his Goodness, Om∣nium
Domos Regis Vigilia de∣fendit,
Omnium Otium illius
Labor, Omnium Delicias illius
Industria, Omnium vacationem
illius Occupatio, &c.
So a kind of Omnipotency,
that the King can as it were
raise men from death to life, by
pardoning whom the Law hath
condemned; can create to the
highest Dignity and annihilate
the same at pleasure.
Divers other semblances of
the Eternal Deity belong to
the King. He in his own Do∣minions
(as God) saith Vin∣dicta
est mihi, for all punish∣ments
do proceed from him in
some of his Courts of Justice,
descriptionPage 141
and it is not lawful for any Sub∣••ect
to revenge himself.
So he onely can be Judge in
his own Cause, though he de∣••••ver
his Judgement by the
Mouth of his Judges.
And yet there are some
••hings that the King of Eng∣land
cannot do. Rex Angliae
••ihil injuste potest, and the King
cannot devest himself or his
Successors of any part of his
Regal Power, Prerogative, and
Authority inherent and annext
to the Crown: not that there
••s any defect in the Kings Pow∣er
(as there is none in Gods
Power, though he cannot lie,
nor do any thing that implies
Contradiction:) not but that
the King of England hath as ab∣solute
a power over all his Sub∣••ects
as any Christian Prince
descriptionPage 142
rightfully, and lawfully hath o••
ever had: not but that he still
hath a kind of Omnipotency no••
to be disputed, but adored by
his Subjects; Nemo quidem 〈◊〉〈◊〉
factis ejus praesumat disputar••
(saith Bracton) multo minu••
contra factum ejus ire, nam d••••
Chartis & Fact is ejus non deben••
ne•• possunt Justiciarii mult••
minus privatae personae dispu∣tare.
Not but that the King
may do what he please, with∣out
either opposition or resist∣ance,
and without being que∣stioned
by his Subjects; for the
King cannot be impleaded for
any Crime; no Action lieth a∣gainst
his Person, because the
Writ goeth forth in his own
Name, and he cannot arrest
himself. If the King should
seize his Subjects Lands (which
descriptionPage 143
God forbid) or should take a∣way
his Goods, having no
Title by Law so to do, there
is no remedy. Onely this,
Locus erit (saith the same Bra∣cton)
supplicationi quod factum
suum corrigat & emendet, quod
quidem si non fecerit, sufficit ei
••d paenam quod Dominum Dèum
expectet Vltorem. There may
be Petitions and Supplications
made that His Majesty will be
pleased to rule according to
Law, which if he shall refuse
to do, it is sufficient that he
must expect that the King of
Kings will be the Avenger of
Oppressed Loyal Subjects.
But there are also divers
things which the King cannot
do, Salvo jure, Salvo Juramen∣to,
& Salvâ Conscientia sua.
Because by Oath at his Coro∣nation,
descriptionPage 144
and indeed without a∣ny
Oath, by the Law of Na∣ture,
Nations, and of Christia∣nity;
he holds himself bound
(as do all other Christian
Kings) to protect and defend
his people, to do justice and to
shew mercy, to preserve Peace
and Quietness amongst them,
to allow them their just Rights
and Liberties, to consent to
the Repealing of bad Laws,
and to the Enacting of good
Laws. Two things especially
the King of England doth not
usually do without the consent
of his Subjects, viz. make
New Laws, and raise New
Taxes, there being something
of Odium in both of them;
the one seeming to diminish
the Subjects Liberty, and the
other his Property; therefore
descriptionPage 145
that all occasion of disaffecti∣on
towards the King (the
Breath of our Nosthrils and the
Light of our Eyes, as he is sti∣led)
might be avoided, it was
most wisely contrived by our
Ancestors that for both these
should Petitions and Supplica∣tions
be first made by the Sub∣ject.
These and divers other Pre∣rogative
rightfully belong and
are enjoyed by the King of Eng∣land.
Nevertheless the Kings of
England usually govern this
Kingdom by the ordinary
known Laws and Customs of
the Land (as the great God
doth the World by the Laws
of Nature) yet in some Cases
for the benefit not damage of
this Realm, they make use of
descriptionPage 146
their Prerogatives, as the King
of Kings doth of his Extraor∣dinary
Power of Working of
Miracles.
Lastly, To the Kings of
England quatenus Kings, doth
appertain one Prerogative that
may be stiled super-excellent if
not miraculous, which was first
enjoyed by that pious and
good King Edward the Confes∣sor,
which is by the touch to
remove and to cure the Struma,
that stubborn disease, com∣monly
called the Kings Evil.
In consideration of these
and other transcendent Ex∣cellencies,
* 1.11 no King in Chri∣stendom
nor other Potentate
receives from his Subjects more
Reverence, Honour, and Re∣spect,
than the King of Eng∣land.
descriptionPage 147
All his People at their
first Addresses kneel to him,
he is at all times served upon
the Knee, all Persons (not the
Prince or other Heir Apparant
excepted) stand bare in the pre∣sence
of the King and in the
Presence Chamber, though in
the Kings absence. Only it
was once indulged by Queen
Mary for some eminent services
performed by Henry Ratcliffe
Earl of Sussex that (by Pa∣tent)
he might at any time be
covered in her presence; but
perhaps in imitation of the like
liberty allowed by King Philip
her Husband and other Kings
of Spain to some of the prin∣cipal
Nobility there called
Grandees of Spain.
Any thing or Act done in
the Kings Presence is presumed
descriptionPage 148
to be void of all deceit and evil
meaning; and therefore a Fine
levied in the Kings Court,
where the King is presumed to
be present, doth bind a Feme
Covert, a married Woman and
others whom ordinarily the
Law doth disable to transact.
The Kings only Testimony
of any thing done in his pre∣sence
is of as high a nature and
credit as any Record, and in all
Writs sent forth for dispatch of
Justice, he useth no other
Witness but himself, viz. Te∣ste
me ipso.