Angliæ notitia, or The present state of England together with divers reflections upon the antient state thereof.

Of the KING of ENGLAND.

THe King is so called from the Saxon word Koning, 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, 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

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

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

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

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

Title to any man, no not to the Emperour; uti videre 〈◊〉〈◊〉 apud Josephum & alios. Sed h•••• obiter.

The Saxon Kings before the Conquest bare. Azure 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,

••••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:

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

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

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

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, 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

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.

The Antient Dominions of the Kings of England, 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.

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

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, say our Lawyers. He is a Priest as well as a King.

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.

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

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

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

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

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

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,

should seem a pleasant thing to every loyal hearted Subject.

The Office of the King of England, (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,

to do Justice, shew Mercy, and keep Peace and Vnity, &c.

The King for the better per∣formance of this great and weighty Office, 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

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,

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

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

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 〈◊〉〈◊〉

••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.

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••

••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.

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

••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

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▪

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.

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,

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.

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

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

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

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

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

defend the Peoples Liberties, and the Peoples Liberties strengthen the Kings Preroga∣tive.

Whatsoever things are pro∣per to Supreme Magistrates, 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

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

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

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.

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

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.

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.

The Title of Dii or Gods, 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

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

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

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

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,

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

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

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,

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

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

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, no King in Chri∣stendom nor other Potentate receives from his Subjects more Reverence, Honour, and Re∣spect, than the King of Eng∣land.

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

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.

Notes

• Name.
• Title.
• Arms.
• Patrimo∣ny.
• Domini∣ons.
• Person.
• Office.
• Power and Pre∣rogative.
• Suprema∣cy and Sove∣raignty.
• Divinity.
• Respect.