Analogia honorum, or, A treatise of honour and nobility, according to the laws and customes of England collected out of the most authentick authors, both ancient and modern : in two parts : the first containing honour military, and relateth to war, the second, honour civil, and relateth

OF THE KING, OR MONARCH OF Great Britain. CHAP. II.

MONARCHY is as ancient as Man, Adam being created So∣veraign Lord of the Universe, whose Office was to govern the whole World and all Creatures therein. His Posterity (after his Death) di∣viding into Tribes and Generations, acknow∣ledged no other Dominion than Paternity and Eldership. The Fathers of Nations were in∣stead of Kings, and the Eldest Sons in every Family were reverenced as Princes, from whence came the word Seignior amongst the Italians and French, and Seignories for Lord∣ship and Dominion; of which Seneca makes two kinds, viz. Potestas aut Imperium, power to command, & Proprietas aut Dominium, Pro∣perty or Dominion.

These Empires in the Golden Age were founded upon natural Reverency and Piety; their Power was executed with the soft Wea∣pons of paternal perswasions, and the greatest penalties that they inflicted upon the most Ca∣pital Criminals was the malediction of their Primogenitors, with an Excommunication out of the Tribes: But as Men and Vice began to increase, Pride and evil Examples overshadow∣ed Filial Obedience, and Violence entred up∣on the Stage of the World, the mighty Men tru••ling in their own strength, oppressed the Feeble, and were at length forced to truckle under the tyranny of others more Gygantick than themselves, which necessitated them to submit to Government for self-preservation, many housholds conjoyning made a Village, many Villages a City, and these Cities and Citizens confederating established Laws by consent, which in tract of time were called Commonwealths; some being governed by Kings, some by Magistrates, and some so un∣fortunate as to fall under the yoak of a popu∣lar Rule, Nam Plebs est pessimus Tyrannus.

The first Chiefs or Kings were men of Vertue, elected for their Wisdom and Cou∣rage, being both Reges & Duces, to govern according to their Laws in Peace, and to lead them forth to Battel against their Enemies in time of Hostility. And this Rule proving more safe for the people, honourable amongst

men, and ••••rm in it self than the other, most Nations followed it, approving the Sentence of Tacitus, Pr••stat sub Principo ••alo esse quam nulle. Lamentable Experience, the Mi∣stress of Fools in some, and of Wisdom in o∣thers, in the Ages sequent necessitated them again to quit the ••orm of Election, and to en∣tail the Soveraign Power in the Hereditary Loyns of their Kings, to prevent the fatal consequence of Ambition amongst equal pre∣tenders in popular Elections.

Thus the beginning of an Empire is ascribed to reason and necessity; ••ut 'twas God himself that illuminated the minds of men, and let them see they could not subsist without a Su∣pream in their human affairs. Necessitas ••st fir∣mum judicium & immutabilis providentiae potestas.

This Island of Great Britain, when Bar∣barism was so happy as to submit to a Regal Power (as Caesar in his Commentaries wit∣nesseth) then divided into many Kingdoms; under which Government of Kings (with some small alterations, according to the necessity of times and pleasure of Conquerors) it hath flourished, descending from the British, Sax∣on, Danish, Norman, and Scotch Kings, to our gracious Soveraign Charles the Second, into whose Veins all those several streams of Royal Blood are conjoyned to unite those jar∣ring Nations into one Body, under a Head, un∣to which each one may justly claim an inter∣est.

God hath thus restored our ancient Go∣vernment, and seated our Soveraign in the Throne of his Ancestors, giving him a power just and absolute, as well to preserve as curb his people, being not only Major singulis, but Major universis; and his power is super totam Rempublicam, which I thus prove, Either the whole power of the Commonwealth is in one, or not; if not, then he is no absolute King or Monarch; but if he be (as all must yield) a Monarch, I ask if there be a power in the Commonwealth which is not in him? Is it subordinate to his power, or not? If subordi∣nate, than his power is above that power, and so super totam Rempublicam & Major universis; if it be not, then there are a simul & semel to Supream Civil Powers in the same individual Kingdom and Gubernation, and yet divided against it self, which is most absurd and im∣possible. This in Answer to a monstrous Pam∣phlet, which the lasciviousness of our late un∣happy Wars produced, which asserted Rex mi∣nor universis. But the Divine Providence hath (I hope) put a period to all such Trayterous Tenents, and concluded such Disputes by Acts of Parliament; so that no person for the fu∣ture shall dare to question who hath the right of making Peace or War, the power of Militia by Land and Sea, all strong Holds and Forts, &c. being the inherent right of the Eng∣lish Monarchs by their Prerogative Royal.

The King is God's Vicegerent, and ought to be obeyed accordingly: If good, he is a blessing; if bad, a judgment: and then against whom we are to use no other weapons but prayers and tears for his amendment. He is styled Pater Patriae, & Caput Re••publicae; and because the protection of his Subjects belongs to his care and office; the Militia is annext to his Crown, that the Sword as well as the Scepter, may be in his hand. The Parlia∣ment (then all Roman Catholicks) in the be∣half of Henry the Eighth writ to the Pope, declaring that his Royal Majesty is the Head, and the very Soul of us all; his Cause is the Cause of us all, derived from the Head upon the Members; his Griefs and Injuries are ours, we all suffer equally with him. Camden in his Britannia, fol. 100. calls the King the most excellent part of the Commonwealth, next un∣to God. He is under no Vassuage; he takes his Investure from no man. Rex non habet Superiorem, nisi Deum: satìs habet ad poenam, quod Deum expectat ultorem.

In England, France, Spain, &c. Kings are styled Dei Gratia, &c. and as the French King is said to be Rex Francorum Christianis∣simus, the most Christian King of France; The King of Spain the most Catholick; The Em∣perour the Defender of the Church: So the Kings of England, by a Bull from Pope Leo the Tenth, sent to King Henry the Eighth (for a Book of Controversie written by him against Luther) have the Title of Defen∣ders of the Faith; and by Act of Parliament he is declared Supream Head of the Church of England.

It is the manner also for Kings to write in the plural Number (which is God's own style) Mandamus, Volumus, &c. and in the Scrip∣ture we find them called Gods, in which sense they may be styled Divi, or Dii, quia Dei Vicarii, & Dei voce judicant.

Our Lawyers also say, Rex est persona mix∣ta cum Sacerdote, habet Ecclesiasticam & Spiritualem Iurisdictionem. This shews the King's power in Ecclesiastical Causes, being a∣noynted with Oyl as the Priests, and after∣wards the Kings of Israel were; which signi∣fies his person to be both Sacred and Spiritual. And therefore at the Coronation hath put up∣on him a Priest's Garment, called the Dalma∣tica, or Colobium, and other such Vests. And before the Reformation, the King, as a Spiritual person, received the Sacrament in both kinds. He is capable of holding Tithes; all Extra-Parochial Tithes, some Proxies, and other Spiritual profits belong to the King.

The Ceremonies at the Coronation of the King are many, and with us in England more than in many other Countries; As the A∣noynting with Oyl, which is proved by Mr. Selden to be of above one thousand years stand∣ing; the Crown set upon his Head with many Religious Ceremonies: besides the Ensigns of

Regality, which are a Ring to signi••ie his Fait••fulnes; a Bracelet for Good Works; a Scepter for Justice; a Sword for Vengeance; Purple Robes to attract Reverence; and a Diadem triumphant to blazon his Glory.

It was the saying of Thomas Becket Arch∣bishop of Canterbury, Inunguntur Reges in Capi••e, etiam pect••re & brach••is, quod signi∣ficat gloriam, sanctitatem & for••••n•• in••••n. King's are Anoynted on the Head to signi••••e their Glory, on the Breast to Emblematize their Sanctity, and on their Arms to declare their power.

He is crowned with an Imperial Crown, the Crown set on his Head by the Arch-bishop of Canterbury; a prerogative belonging to that See, as it is in Spain to Toledo, in France to Rheims, and in Sueden to Vpsalia.

But this Imperial Crown hath not been long in use amongst us (though our Kings have had Imperial Commands, as over Scot∣land, Ireland, Man, and other Isles) being in a manner like that of an Earls now. Nei∣ther is it found that any such thing as a Dia∣dem was at all in use, until the tune of Con∣stantine the Great: For before the distinction was some kind of Chaplet, or rather a white silk Fillet about the Head, which was an or∣dinary way to distinguish them. And we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus.

The first King that was crowned with this Imperial Crown floried and arched, was Henry the Third, but some say Henry the First, and indeed it is left in dispute. However, it is ve∣ry probable and plain, That the ancientest En∣sign of Regal Authority was the Scepter, which is every where spoken of, both in Scrip∣ture and Prophane History.

There is another Ensign of their Authority, which is a Globe or Mound with a Cross, which hath been in use amongst us ever since Edward the Confessor's time, which is placed in the left hand, as is seen in most of their Coyns: The Cross denoting his Faith, the Globe his Em∣pire by Sea and Land; as 'tis said of Iustinian the Emperor, who was the first that ever used it.

The Office of the King of England, accord∣ing to Fortescue, Pugnare bella populi sui & eos rectissime judicare, to fight the Battels of his people, and to see Right and Justice done unto them: or more particularly (as is pro∣mised at the Coronation) to preserve the Rights and Priviledges of Holy Church, the Royal Prerogatives belonging to the Crown, the Laws and Customs of the Realm, to do Justice, shew Mercy, keep Peace and Unity, &c.

The King is enabled to perform this great and weighty Office by certain extraordinary powers and priviledges which he holds by the Law of Nations, by the Common Law of Eng∣land, or by Statutes. The Regalia were an∣ciently called Sacra Sacrorum (as his Lands are called in Law Patrimoni•••• S••c••••••) now commonly Royal Preroga••ives.

The King being Principium, Cap••••, & ••i∣nis Parli••menti, may of his meer will and pleasure Convoke, Adjourn, Remove, and Dis∣solve Parliaments: He may, to any Bill that is passed by both Houses of Parliament, refuse to give his Royal Assent, without rendring a Reason; and without his Assent a Bill is as a ••ody without a Soul: He may at his pleasure encrease the number of the Members of both Houses, by creating more Peers of the Realm, and bes••owing priviledges upon any other Towns to send Burgelles by Writ to Parlia∣ment: and he may refuse to send his Writ to some others that have sate in former Parlia∣ments. He hath alone the choice and nomi∣nation of all Commanders and Officers for Land and Sea-service; the choice and electi∣on of all Magistrates, Counsellors, and Officers of State; of all Bishops, and other Ecclesia∣stick Dignities; also the bestowing and con∣ferring of Honours, and the power of deter∣mining Rewards and Punishments.

By Letters Patent his Majesty may erect new Counties, Universities, Bishopricks, Cities, Boroughs, Colledges, Hospitals, Schools, Fairs, Markets, Courts of Judicature, Forests, Chases, Free Warrens, &c.

The King by his Prerogative hath power to enfranchise an Alien, and make him a Denison, whereby he is enabled to purchase Lands and Houses, and to bear Offices. He hath the power to grant Letters of Mart or Reprisal; to grant safe Conducts, &c. He hath at all times had the right of Purveyance or Pre∣emption of all sorts of Victuals within the Verge, viz. Twelve miles round of the Court; and to take Horses, Carts, Ships, or Boats, for the Carriage of his Goods, at reasonable rates. Also by Proclamation to set reasonable rates and prices upon Flesh, Fish, Fowl, Oats, Hay, &c. sold within the limits of the Verge of the Court in the time of his Progress.

Debts due to the King are in the first place to be satisfied in case of Executorship and Admi∣nistratorship; and until the King's Debts be satisfied, he may protect the Debtor from the Arrest of other Creditors. He may dis••rein for the whole Rent upon one Tenant that holdeth not the whole Land: He may require the Ancestors Debt of the Heir, though not especially bound: He is not obliged to demand his Rent according to the Custome of Land∣lords: He may distrein where he pleaseth, and sue in any of his Courts.

No Proclamation can be made but by the King. No protection for a Defendant to ob∣struct the course of the Law against him, if he be not one of his Majesties Menial Servants.

In case of loss by Fire, or otherwise, his Ma∣jesty granteth Patents to receive the Charita∣ble Benevolences of the people.

No Forest, Chase, or Park to be made, nor

Castle, Fort, or Tower to be built without his Majesties especial Licence.

Where the King hath granted a Fair, with Toll to be paid, yet his Goods shall be there exempted from the said Duties of Toll.

His Servants in Ordinary are priviledged from serving in any Offices that require their Attendance; as Sheriff, Constable, Church-warden, or the like.

All Receivers of Money for the King, or Accomptants to him for any of his Revenues, their Persons, Lands, Goods, Heirs, Execu∣tors, and Administrators, are at all times chargeable for the same: for Nullum tempus occurrit Regi.

His Debtor hath a kind of Prerogative Re∣medy by a Quo minus in the Exchequer against all other Debtors, or against whom they have any cause of personal Action; supposing that he is thereby disabled to pay the King: and in this Suit the King's Debtor being Plaintiff, hath some priviledges above others.

In doubtful Cases semper praesumitur pro Rege, no Statute restraineth the King, except he be especially named therein. The quality of his Person alters the descent of Gavelkind, the Rules of joynt Tenancy: No Estoppel can bind him, nor Judgment final in a Writ of Right. Judgments entred against the King's Title, are entred with Salvo Iure Domini Regis. That if at any time the King's Coun∣sel at Law can make out his Title better, that Jugment shall not prejudice him, which is not permitted the Subject.

The King by his Prerogative may demand reasonable Ayd-money of his Subjects for the Knighting his Eldest Son at the Age of Fifteen years, and to marry his eldest Daughter at the Age of Seven years; which Ayd is 20 s. for every Knights Fee, and as much for e∣very 20 l. per annum in Soccage. Moreover, if the King be taken prisoner, Ayd-money is to be paid by the Subjects for his Redemp∣tion.

The King upon reasonable Causes him thereunto moving, may protect any of his Subjects from Suits of Law, &c.

In all Cases where the King is party, his Of∣ficers with an Arrest by force of a Process at Law, may enter and (if any entrance be de∣nied) may break open the House of any man by force.

A Benefice, or Spiritual Living, is not full against the King by Institution only, without Induction, although it be so against a Sub∣ject.

None but the King can hold Plea of false Judgments in the Courts of his Tenants.

The King by his Prerogative is Summus Regui Custos, and hath the Custody of the Persons and Estates of such, as for want of un∣derstanding cannot govern themselves, or serve the King; that of Ideots to his own use, and that of Lunaticks to the use of the next Heir: So the Custody or Wardships of all such Infants, whose Ancestors held their Lands by Tenure in Capite, or Knights Service, were ever since the Conquest in the King, to the great honour and benefit of the King and King∣dom: But abuses, which too often happened, made the people complain thereof, which was the cause of its laying aside.

His Majesty is Vl••imus Haeres Regni, and is (as the great Ocean is of small Rivers) the Receptacle of all Estates for want of Heirs, or by Forfeiture, Revert or Escheat to the King. All Spiritual Benefices, for want of presenta∣tion in due time by the Bishop, are elapsed to the King. All Treasure Trove (that is Mo∣ney, or Gold and Silver plate, or Bullion found, and the owners unknown) belongs to the King: So doth all Waifs, Strays, Wrecks, not granted away by him, or any former Kings. All waste Ground or Land recovered from the Sea: All Lands of Aliens dying before Natu∣ralization or Denization, and all other things whereof the property is not known: All Gold and Silver Mines, in whose Ground soever they are found: Royal Fish, as Whales, Stur∣geons, Dolphins, &c. Royal Fowl, as Swans not mark't, and swimming at Liberty on the River, belong to the King.

In the Church the King's prerogative and power is extraordinary great: He only hath the patronage of all Bishopricks; none can be chosen but by his Conge d'Es••ire, whom he hath first nominated; none can be consecrated Bi∣shop, or take possession of the Revenues of the Bishoprick, without the King's special Writ or Assent. He is Guardian or Nursing Father of the Church, which our Kings of England did so reckon amongst their princi∣pal Cares; as in the Three and twentieth year of King Edward the First, it was alledged in a pleading, and allowed; The King hath pow∣er to call a National or Provincial Synod; and with the advice and consent thereof to make Canons, Orders, Ordinances and Cons••ituti∣ons to introduce into the Church what Cere∣monies he shall think sit; to re••orm and cor∣rect all Heresies, Schisms, and p••nish Con∣tempts, &c,

The King hath power not only to unite, consolidate, separate, inlarge, or contract the limits of any old Bishoprick, or other Ecclesi∣astical Benefice: But also by his Letters Patents may erect new Bishopricks, as Henry the Eighth did Six at one time, and the late King Charles the Martyr intended to do at St. Al∣bans for the Honour of the first Martyr of Eng∣land, and for the contracting the too large extent of the Bishoprick of Lincoln.

In the 28. of Eliz. when the House of Commons would have passed Bills touching Bishops, granting Faculties, conferring Holy Orders, Ecclesiastical Censures, the Oath Ex Officio, Non-Residency, &c. The Queen be∣ing much incensed, forbade them to meddle

in any Ecclesiastical Affairs, for that it belonged to her prerogative.

His Majesty hath also power of Coynage of Money, of pardoning all Criminals, of dispen∣sing with all Statutes made by him, or his Pre∣decessors, which are Malum prohibitum, and not Malum in se. The diversity between these terms is set down in the Statute made Term. Mich. Anno 11 H. 7. 11. Thus where the Sta∣tute doth prohibit a man to coyn Money, if he do, he shall be hanged; this is Malum prohibitum: for before the said Statute it was lawful, but not after; and for this Evil the King may di∣spense: But Malum in se neither the King nor any other can dispense with. As if the King would give leave to rob on the High-ways, &c. this is void; yet after the Fact done, the King may pardon it. So it is in Ecclesiastical Laws for conformity to the Liturgy, &c. which are Malum prohibitum; and the King may by his Prerogative Royal as well dispense with all those penal Statutes, as with Merchants to transport Silver, Wooll, and other prohibited Commodities by Act of Parliament.

The King cannot devest himself or his Suc∣cessors of any part of his Royal Power, Pre∣rogative, and Authority inherent and annext to the Crown; nor bar his Heir of the Succes∣sion, no not by Act of Parliament; for such an Act is void by Law.

These Prerogatives do of right belong to the Crown of England, which I have collect∣ed out of the most Authentick Modern Authors. And to compleat this Chapter I shall proceed to his Superiority and Precedency.

The King of England acknowledgeth no Su∣perior but God alone; not the Emperor, Om∣nem potestatem Rex Angliae in Regno suo quam Imperator vendicat in Imperio; yet he giveth Precedency to the Emperor, Eo quod antiqui∣tate Imperium omnia regna superare credi∣tur.

Touching our King's Supremacy before any other, these Reasons are offered; First, Lucius, King of this Land, was the first Christian King in the World; as also Constantine our Country∣man the first Emperor that publickly planted Christianity. Secondly, The King of England is anoynted as no other King is, but France, Sicily, and Ierusalem. Thirdly, He is crown∣ed, which honour the Kings of Spain, Portu∣gal, Navarr, and divers other Princes have not.

The honour of Precedency amongst Chri∣stian Kings is often disputed by their Ambassa∣dors and Commissioners representative at Ge∣neral Councils, Diets, publick Treaties, and other Honourable Assemblies at Coronations, Congratulations in Foreign Countries, &c. which by the best Information I can get is thus stated; As to England, next to the Imperial Ministers, the French take place, as being the largest Realm in Christendom, and most No∣ble, since Charles le mayne, their King, obtained the Imperial Diadem; the second place in the Western Empire was undisputably the right of our English Kings, so enjoyed for hundreds of years, 'till Spain grown rich and proud by the addition of the Indies, claimed the priority, yet could not gain it till their Charles the Fifth was Elected Emperor; but after his Resignati∣on, the Controversie renewed upon the Treaty of Peace between Queen Elizabeth and Phi∣lip the Third, King of Spain at ••oloign in France, Anno 1600. Our Ambassadors were Sir Henry Nevil, Iohn Harbert, and Thomas Edmonds, Esquires; and for Spain, Baltha∣zer de Coniga, Ferdinando Carillo, Io. Ri∣cardett, and Lewis Varreyken. The English challenged precedency as due to them before the Emperor Charles his time, as doth appear by Volatteram in the time of our Henry the Se∣venth, when the like difference being in que∣stion, 'twas joyntly referred to the Pope, who adjudged to England the most Honourable place: But the Spaniards refusing to stand to that old Award, or to admit of an equality, the Treaty of Peace broke up; neither hath any certain Resolution been hitherto taken in the matter, as ever I heard of.