Bibliotheca politica: or An enquiry into the ancient constitution of the English government both in respect to the just extent of regal power, and the rights and liberties of the subject. Wherein all the chief arguments, as well against, as for the late revolution, are impartially represented, and considered, in thirteen dialogues. Collected out of the best authors, as well antient as modern. To which is added an alphabetical index to the whole work.

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Title
Bibliotheca politica: or An enquiry into the ancient constitution of the English government both in respect to the just extent of regal power, and the rights and liberties of the subject. Wherein all the chief arguments, as well against, as for the late revolution, are impartially represented, and considered, in thirteen dialogues. Collected out of the best authors, as well antient as modern. To which is added an alphabetical index to the whole work.
Author
Tyrrell, James, 1642-1718.
Publication
London :: printed for R. Baldwin in Warwick-Lane, near the Oxford-Arms where may be had the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelvth, and Thirteenth Dialogues,
1694.
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Subject terms
Political science -- Early works to 1800.
Cite this Item
"Bibliotheca politica: or An enquiry into the ancient constitution of the English government both in respect to the just extent of regal power, and the rights and liberties of the subject. Wherein all the chief arguments, as well against, as for the late revolution, are impartially represented, and considered, in thirteen dialogues. Collected out of the best authors, as well antient as modern. To which is added an alphabetical index to the whole work." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A64083.0001.001. University of Michigan Library Digital Collections. Accessed May 7, 2024.

Pages

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AN APPENDIX, Containing some Authorities sit to be added, for farther confirmation of some things laid down in the foregoing Dialogues.

TO be added to Dialogue the Fourth, p. 290. at the end of F—s Speech, [after these words] no parti∣cular Church can, read thus,

And that divers of the most Eminent Divines of our Church have used the same freedom with several other Doctrines contained in these Homilies, may appear from Dr. Hammonds, Dr. Heylins, and Dr. Taylors, with seve∣ral other Eminent Writers, expresly denying, that the Church of Rome is guilty of Idolatry, or, that the Pope is Antichrist; tho' both these Doctrines are as plainly laid down in the (*) Homilies, as the Doctrine of Non-Resist∣ance. And yet none of these Men are ever taxed by those of the Church of England, for quitting her Ancient Ortho∣dox Doctrines; and I desire you to give me a good Rea∣son (if you can) why it is more lawful and excusable to part with the former of these Doctrines, than the latter?

The like I may say also for the Doctrine of Predestina∣tion; which tho expresly asserted in the 36 Articles of the Church of England, as interpreted by all the Bishops, and Writers, in the Reign of Queen Elizabeth, and King Iames, as also the Bishops and Divines sent as Delegates from our Church, to the Synod of Dort, who joyned in the inter∣pretation

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of that Article, in the strict Calvinistical sense; you find in all the determinations of that Synod against the Doctrines of the Arminians, which then began to prevail; yet since the time that Arch-Bishop Laud had the nominating of what Persons he thought fit to be made Bishops, Deans, &c. not one in ten of them but have been Arminians in all those Points, wherein they wholly differ from the Do∣ctrine of Calvin, which is but the same with that of our 36 Articles so interpreted; yet none of the Divines of our present Church, who hold these Opinions, are bran∣ded with Apostacy from its Ancient Doctrine; but if any well meaning Divine, out of love to his Country, and to prevent Popery and Slavery from breaking in upon us, have but Preach'd or Publish'd any thing in derogation to these Darling Doctrines of Passive Obedience, and Non-Resistance, he is straight branded with Apostacy from the Church, in quitting its main distinguishing Character; and we have lately seen Degrading, nay, the most cruel Whip∣ping, and Imprisonment thought too little for such a Man; but one may say of some Men with truth enough,

Dat veniam Corvis, vexat censura Columbis.

So Dialogue the Sixth, p. 397. at the bottom, [after these words] in those times, read this,

But that the House of Commons were anciently often comprehended under the stile of Grantz (which is the same with Magnates in Latine) pray consult the Parliament Rolls of Edward the Third, where you will find in the 4th of that King, this passage; & est assentu, & accorde per nostre & Seigneur le Roy, & tous les Grantz in pleyn Parliament; (that is, in full Parliament, where both Lords and Com∣mons were present) that the Proceedings of the Lords a∣gainst those that were no Peers should not be drawn into

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Example, &c. Now pray see the Commentaries of the most Learned and Reverend Author of the Grand Question, upon these words in this Record;

This hath all the for∣mality of an Act of Parliament, and therefore all the E∣states were present, so likewise in the same year; in the next Roll but one; Accorde est per nostre Seigneur le Roy, & son Counsell in Plein Parliament; which was an Act of Parliament, concerning those that had followed the Earl of Lancaster. So in the 5th of this King, we have the par∣ticular mention of the Bishops, as some of those who make a full Parliament; Accorde est per nostre Seigneur le Roy, Prelates, Counts, Barons, & autres Grands de Roi∣ame in pleyn Parliament. So in the 6th of Edward the Illd, the Arch-Bishop of Canterbury made his Oration in pleyn Parliament, which is thus explained, en le presence nostre Seigneur le Roy, & tous les Prelats, & autres Grantz. And in another Roll, si est accorde & assentu per tous in pleyn Parliament; and who these were, we are told in the same Roll; viz. les Prelats, Counts, Barons, & tous les autres Summons à misme Parliament.

Now this is the clearest explication of these words in full Parliament, viz. in the presence of all those who were Summon'd; so that if the Commons were then Summon'd to this Parliament, (as certainly they were) they must have given their Assents under the Title of Grantz; since the Prelats, Earls, and Barons were particularly mention'd before.

To Dialogue the 10th, p. 706. after these words, be Re∣formed by them, or not, read thus,

And that King Iames the First, himself was satisfied of this Original Contract, may appear by his own words, in a Speech to both Houses of Parliament, 1609. where he ex∣presly tells them, that the King binds himself by a double Oath to the observation of the fundamental Laws of his Kingdom, Tacitly, as being a King, and so bound to Pro∣tect, as well the People, as the Laws of his Kingdom; and

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expresly by his Oath at his Coronation; so as every King in a setled Kingdom, is bound to observe that paction made to his People by his Laws, in framing the Government as agreeable thereunto, according to that paction which God made with Noah after the Deluge, &c.

To Dialogue 12. p. 874. after their Successors, add this.

So that all the Modern Acts of Parliament for intailing the Crown, being made and ordained by the Counsel and Assent of the Lords, and Commons, are so many plain de∣clarations, and evident Recognitions, what the Fundamen∣tal Constitution of the English Government was in that grand Point.

To Dialogue the 12th, p. 898. after the words of the said Parish, read thus; and that not only all the Private Acts of that Parliament, but some Publick ones also, tho' never confirmed in the following Parliament of the 13th of Charles the Second, are yet held good in Law, appears by these that follow, viz.

1. An Act for Continuance of Process, and Iudicial Pro∣ceedings, Continu'd.

By which, all Writs, Pleas, Indictments, &c. then de∣pending, were ordered to stand, and proceeded on, not∣withstanding want of Authority in the late Usurpers; and therein it was farther ordained, that Process and Proceed∣ings in Courts of Justice, should be in the English Tongue, and the generall Issue be Pleaded, till August 1. 1660. as if the Acts made during the Usurpation, for that purpose, had been good and effectual Laws.

And upon this foot only, stand many Fines, Recoveries, Judgments, and other Proceedings at Law had and passed between April 25, 1660, and August 1. 1660.

2. An Act for Conforming and Restoring of Ministers.

This Act is usually to this day, set forth and pleaded in Quare impedits, tho' it was said to be refused upon debate to be confirmed in the House of Commons, 13th of Car. II. when divers other Acts of the same time were confirmed;

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yet both these Acts having no other Authority but from that Convention (as you call it) have been Judged and Con∣stantly allowed to be good Laws, for above these 30 years.

To Dialogue the 13th, p. 966. after these words, were still alive, read this,

And to shew you that the King and Parliament have de∣prived even Bishops of their own Communion, and that such deprivations have been held good, and that the King hath nominated new Bishops upon the vacancy, you may see in Dr. Burnets History of the Reformation, and in the Ap∣pendix to it, where you will find a memorable Act of Par∣liament of the 25th of Henry the VIII, (before his departure from his obedience to the See of Rome) whereby Cardinal Campegio, and Hieronimo de Ghinicci were deprived of the Bishopricks of Salisbury, and Worcester, which they had held for near 20 years, and Campegio had without doubt been in∣stalled in it when he was in England.

The Act it self being so remarkable, I shall give you some passages out of it verbatim; first the Preamble sets forth, that whereas before this time the Church of England by the Kings most Noble Progenitors, and the Nobles of the same, hath been founded, ordained, and establish'd in the Estate and degree of Prelacy, Dignities, and other Promotions Spiritual, &c.
(which sufficiently confirms what I but now asserted, that all the Bishopricks were founded by our Kings, with the consent of their Grand Councils, or Parliaments) and then it proceeds to recite, that whereas all Persons promoted to Ecclesiastical Benefices, ought to reside within the Realm, for Preaching the Laws of Almighty God, and keeping hospitality;
and since these Prelates had not ob∣served these things, but lived at Rome, and carried the Re∣venues of their Bishopricks out of the Kingdom, contrary to the intention of the Founders, and to the great prejudice of the Realm, &c. in consideration whereof, it is Enacted by the Authority of this present Parliament, that the said two Sees, and Bishopricks of Salisbury, and Worcester, and

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either of them, henceforth shall be taken, reputed, and accounted in the Law to be void, vacant, and utterly de∣stitute of any Incumbent, or Prelate, and then follows a Clause enabling the King, his Heirs, and Successors, to no∣minate and appoint Successors (being the Natives of this Realm) to the said Sees, and the King did nominate Suc∣cessors according to the said Act.

Notes

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