Britanniæ speculum, or, A short view of the ancient and modern state of Great Britain, and the adjacent isles, and of all other the dominions and territories, now in the actual possession of His present Sacred Majesty King Charles II the first part, treating of Britain in general.

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Title
Britanniæ speculum, or, A short view of the ancient and modern state of Great Britain, and the adjacent isles, and of all other the dominions and territories, now in the actual possession of His present Sacred Majesty King Charles II the first part, treating of Britain in general.
Publication
London :: Printed by Thomas Milbourn for Christopher Hussey ...,
1683.
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Subject terms
Charles -- II, -- King of England, 1630-1685.
Great Britain -- History.
Link to this Item
http://name.umdl.umich.edu/A29601.0001.001
Cite this Item
"Britanniæ speculum, or, A short view of the ancient and modern state of Great Britain, and the adjacent isles, and of all other the dominions and territories, now in the actual possession of His present Sacred Majesty King Charles II the first part, treating of Britain in general." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A29601.0001.001. University of Michigan Library Digital Collections. Accessed June 6, 2024.

Pages

Page 175

CHAP. XI. Of the Monarch of Great Britain, and therein of his Name, Title, Arms, Dominions, and Strength: Of his Person, Office, Prerogative, Soveraign∣ty, Divinity, and Respect.

TO the Monarch of Great Britain is given in English, which is the Language most generally spoken through his whole Dominions, the Name King, which hath its Original from the Saxon Word Koning, and intimateth that Power and Knowledge, wherewith every Soveraign should e∣specially be invested.

The Modern Title, used by the Monarch in all Treaties with for∣reign Princes, and in all publick Af∣fairs, relating to his whole Domi∣nions, and stamped upon his Coin, is By the Grace of GOD King of Great Britain, France and Ireland, Defender of the Faith; but in all Writs and other publick Instruments, referring to the particular Concerns of either Kingdom of England or Scot∣land, the two Kingdoms are distinct∣ly,

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named that Kingdom having the Pre∣cedency in such Instrument, which is therein particularly concerned.

To the King alone belongs Dei Gratiâ, taken simply and in the strict∣est sense, as holding his Regal Dig∣nity by the Favour of none but GOD; the Archbishops and Bishops, to whom that Title is also sometimes given, must understand Dei Gratiâ & Regis: For tho their Character and Spiritu∣al Function be from GOD alone; yet their Baronies, Dignity, and In∣terest in the State, and even that external Ecclesiastical Jurisdiction, which they exercise (and that legal∣ly in their own Names) within his Majesties Dominions, are from the Grace and Bounty of the Prince.

Defender of the Faith was (as ap∣pears by a Charter of King Richard the IId. to the University of Oxford) anciently given to the Kings of Eng∣land, and therefore not so much con∣ferred upon, as confirmed unto King Henry the VIIIth. by Pope Leo the Xth. for a Book written against Lu∣ther in Defence of some Points of the Roman Faith, and since the ejection of that Religion continued in the Crown by Act of Parliament.

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The Title of Grace, since appropri∣ated to Archbishops and Dukes, was first given to the King about the Time of Henry the IVth. as about the Time of Edward the IVth. that of High and Mighty Prince, since also given to Dukes. To Henry the VIIIth. was given first Highness, since the Stile of all the Princes of the Blood, then Majesty, and now Most Excellent and Sacred Majesty.

The King of Great Britain in his publick Instruments and Letters uses, as his Predecessors have ever done since the Time of King John, Nos We in the Plural Number; but be∣fore his Time Kings used the Sin∣gular: Which Custom is still practi∣ced in the Ends of Writs and Pa∣tents Teste meipso.

The Word Syr, answering to the Latine Dominus, and supposedly the same with Cyr, an Abbreviation of the Greek Word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which, prefixt before the Christian Name, is given only to Baronets, Knights of the Bath, and Knights Batchelors, is the ordinary Appellation, used in speak∣ing to all persons of the better Rank from the King to the Gentleman;

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tho in France the Word Syr or Syre is reserved only for the King, as is with us, Great Syr.

* 1.1Arms are Ensigns of Honor, born in a Shield for Distinction of Families, and descending, as Hereditary, to Posterity; yet not generally fixt, un∣less in the Kings of Europe, in Great Britain or France, till after the Time of the Holy War about four hundred years ago.

Our first Christian King, and the first Christian King of the whole World, Lucius bare Argent, a Crosse Gules, in the first Quarter a Crosse Pa∣tee Azure.

After the Desertion of this Island by the Romans King Vortigern bare Gules, a Crosse Or. Aurelius Ambrosius bare Gules, a Griffin Sergreant Or. Ʋter Pendragon bare Or, two Dragons endor∣sed Vert, crowned Gules. King Arthur bare Vert, a Crosse Argent, on the first Quarter Our Lady with her Son in her Arms. Cadwalladar, the last King of the Britains, bare Azure, a Crosse Patee on three parts, and fitched on the fourth, Or.

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The Soveraign Ensigns Armorial of the King of Great Britain, since the Uniting of the two Crowns of Eng∣land and Scotland, are as followeth.

In the first place, Azure, three Flo∣wer-de-Lys Or, for the Regal Arms of France, quartered with the Impe∣rial Ensigns of England, which are Gules, three Lyons Passant Guardant in pale Or; in the second place, Or, within a double Tressure counter-flowe∣red de Lys, a Lyon Rampant Gules for the Royal Arms of Scotland; In the third place, Azure, an Irish Harp Or, stringed Argent, for the Royal Ensigns of Ireland. All within the Garter, the chief Ensign of that most Hono∣rable Order; above the same an Hel∣met, answerable to his Majesties Sove∣raign Jurisdiction; upon the same a rich Mantle of Cloth of Gold, doubled Ermin, adorned with an Imperi∣al Crown, and surmounted for a Crest by a Lion Passant Gardant, Crowned with the like. Upon a Compartment, placed underneath, in the Table where∣of is his Majesties Royal Motto Dieu & mon Droet, stand the Supporters, be∣ing a Lion Rampant Gardant Or, Crowned as the former, and an Ʋni∣corn

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Argent, Gorged with a Crown, having thereto a Chain affixt, passing between his Fore-legs, and reflext over his Back, Or.

The Arms of France are placed first, because France is the greater Kingdom; and also for that those Arms from their first Bearing have alwayes been the Ensign of a Kingdom, whereas the Arms of England were originally of Dukedoms, having been brought to England from Normandy, and Aquitain by William the Conque∣ror, and Henry the IId. and proba∣bly likewise, that the French might be thereby more easily induced to ac∣knowledge the English Title.

The Motto Dieu & mon Droit, GOD and my Right, first given by King Richard the Ist. to intimate, that he held not his Empire of any, but of GOD alone, was afterwards ta∣ken up by Edward the IIId. when he first laid Claim to the Crown of France.

* 1.2The Dominions of the King of Great Britain are at this day in pos∣session the Islands of Great Britain and Ireland, containing three Kingdoms

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of large Extent, with all the other Isles lying in the British Sea, being a∣bove four hundred in all, great and small, some whereof are very considera∣ble, together with all the adjacent Seas even to the Shores of the Neighbor∣ing Nations. As a Mark whereof all Ships of Forreigners have anciently demanded leave to fish and pass in these Seas, and do at this day lower their Topsails to all the Kings Ships of War. And therefore Children, born upon those Seas (as it sometimes happens) are esteemed natural born Subjects to the King of Great Bri∣tain, and therefore need no Natu∣ralization, as do those, that are born out of his Dominions. He hath like∣wise in possession the Isles of Jersey, Guernsey, Alderney and Sark, being Parcel of the ancient Dutchy of Nor∣mandy; besides the profitable Plan∣tations of New England, Virginia, Bar∣bados, Jamaica, Maryland, Bermudos, Carolina, New-York, and other places in America, with some in the East Indies, and upon the Coast of Af∣rica.

The Strength of the Monarch of* 1.3

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Great Britain since the Union of the two Kingdoms has never yet been fully tried, the Parliaments of the two last Kings, infected with the pesti∣lential Principles of Presbyterianism and Democratism, having upon all oc∣casions proved refractory to their De∣signs, and rather catching at all Op∣portunities of diminishing the Royal Prerogative, and augmenting the (fals∣ly so called) Liberty of the People, being (to speak truly) only a Privi∣ledge to Tyrannize more uncontrol∣lably over their Fellow-Subjects; than any wayes endeavoring to support and maintain the Grandeur and Glory of the King and Kingdom: insomuch that there was invented a most un∣natural Distinction of Subjects into Royalists, and Patriots, as if any man could shew himself a Lover of his Country by braving and opposing the Father of it; whereas the Relation between King and Kingdom is so great, that their Wel-being is reciprocal. And tho for some time after his Ma∣jesties Return the Parliaments of all his three Kingdoms seemed to vy, which of them should most readily comply with their Soveraigns De∣sires

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and Designs; yet the Fanati∣cal and Antimonarchical Faction (who ever since his Majesties happy Restau∣ration have been secretly blowing the Coals of Rebellion, and by their sly and false Insinuations have continu∣ally labored to disquiet the Minds of the People with pretended Fears of Popery, and ungrounded Jealousies of (I know not what) Arbitrary Power) have so far of late prevailed, that the Loyalty of many unthinking per∣sons has been strangely staggered, and their Spirits so exasperated, that se∣veral of the English Commonalty have by the Artifices of these Seditious Boutefeus been brought to such a for∣getfulness of the Duty, which by all Divine and Humane Laws they ow unto their Prince; that some Parlia∣ments have of late seemed perfect States of War, wherein a prevalent Faction in the House of Commons, instead of readily affording their As∣sistance to their Soveraign for the strengthning and supporting of his Government against Forreign and Do∣mestick Enemies, have (under Pretence of securing the Priviledges and Li∣berty of the People) been tugging

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and contending to ravish away the Regal Prerogatives from the Crown, and, by importuning his Majesty (contrary to his often-declared Reso∣lutions of never consenting to so great an Injustice) to alter the Suc∣cession of the Crown from its lineal and legal Descent, to subvert this an∣cient and hereditary Monarchy by ruining its firmest Foundation.

But the Intrigues of the Faction having been laid open by his Majesties Gracious Declaration of the Reasons, inducing him to dissolve the two last Parliaments, and by the seasona∣ble Publication of that Horrid Asso∣ciation, a Copy whereof was produ∣ced at the late Proceedings against the Earl of Shaftsbury, in whose Clo∣set it was proved to have been found, the Mists, which these Religious Jug∣lers, for the better concealing their damnable Designs, had cast before the Eyes of the People, are so far dissipa∣ted, that whenever his Majesty shall in his Princely Wisdom think fit to call another Parliament, it may well be hoped, that the People, from whose Eyes the Scales, which have so long blinded them, begin now to

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drop off, will choose themselves such Representatives, as in their Testimo∣nies of Loyalty and Submission to their Soveraign will eagerly strive to outgo the very best of their Prede∣cessors; such, as will by their unani∣mous Acknowledgment of the unal∣terableness of the Succession (as has been lately done in Scotland) assert the Sacredness of the British Monar∣chy; by their Care to put a Stop to the Debauchery of the Press, whose prolifick Womb, daily teeming with new Monsters, fills every Corner of the Nation with Seditious Pamphlets, will take away those continual Incen∣tives to Rebellion; by undeceiving the deluded Vulgar will free us from that Charm, under which we have now almost these four years lain (as it were) bewitched; and by readily complying with all his Majesties just and honorable Desires and Designes, will enable him to vindicate his own and the Nations Honor against all ex∣ternal Oppositions or internal Rebel∣lions: And then it will not be easy to comprehend, what great things his Majesty, so Loyally assisted, may attempt and effect, especially if we

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shall but consider, how the mighty Power of the King of England, before the Conjunction of Scotland, and total Subjection of Ireland, both which were usually at enmity with him, has been notoriously known to the World, and sufficiently felt by our Neighbor-Na∣tions.

The Island of Great Britain is (by a present learned Writer, to whose Collections I am not a little indeb∣ted) not unfitly said to resemble a great Garrison-Town, not only fenced with strong Works her Port-Towns, and environed with a vast and deep Ditch the Sea, but guarded with ex∣cellent Outworks, the strongest and best built Ships of War in the World, and so abundantly furnished within with Men and Horses, with Victuals and Ammunition, with Cloaths and Money, that, if all the Potentates of Europe should (which GOD for∣bid) conspire against it, they could hardly distress it: Insomuch that we may well be permitted to affirm, that, as her own Natural Commodi∣ties are sufficient to maintain her, so nothing, but her own unnatural Sedi∣tions,

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is capable to destroy her.

Thus admirable is the Defensive Strength of the Monarch of Great Britain; nor can his Offensive Puis∣sance but be formidable to the World, when it shall be considered, that be∣ing Master of the Sea (as, if he be not wanting to himself, or his Sub∣jects to him, he must be) he may in some sort be said to be Master of e∣very Countrey, bordering thereupon, and is at liberty, where, when, and upon what Terms he pleaseth, to be∣gin or end a War, for the carrying on of which he is well able, when∣ever he shall think fit so to do, to raise of Englishmen (besides Auxiliaries of valiant Scots and Irish) two hundred thousand Foot, and fifty thousand Horse (so many having been compu∣ted, during the late Rebellion, to have been in Arms on both sides, and that without any considerable miss of them in any City, Town, or Village) whose natural Agility of Body, Patience, Hardiness, and Resolution is so great, and their fear of Death so little, that scarce any Nation of the World, up∣on equal Terms, and Number, has ever been able to stand before them

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either at Sea or Land. For the trans∣porting of an Army his Majesty hath at command neer two hundred Ships of War, and can hire as many, or more stout English Merchant Ships, not much inferior to Ships of War, all which he can soon Man with the best Sea Souldiers (if not the best Ma∣riners) in the World. And for the maintaining so vast a Fleet sufficient Money may for a competent Time be raised by a Moderate Land-Tax, and for a long time by an easy Ex∣cise, to be laid only upon such Com∣modities, as naturally tend to the oc∣casioning of Pride, Idleness, Luxury, Wantonness, and the Corruption of good Mannrs.

* 1.4That the Persons of Monarchs have in all Ages of the World been estee∣med sacred, and (as such) received a more than ordinary Respect and Ve∣neration from their Subjects, is so manifest from the concurrent Practice of ancient and present Times, that it cannot with any shew of Truth be contradicted.

The Patriarchs of the old World were not only Kings, but Priests, hav∣ing

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in themselves all Fulness of Jurisdicti∣on, and taking no less Care for the instructing of those, whom GOD had subjected to them, in the manner of performing their Adorations to their Creator, than in teaching them the Laws and Institutes of a Civil Life. And tho the Almighty was pleased amongst his own peculiar People the Israelites, after their Departure out of the Land of Aegypt, to separate the Spiritual and Temporal Functions, entailing the Priesthood upon Aaron and his Posterity, into whose Office it was not lawful for their Kings them∣selves to intrude, yet were they in all Civil matters subject to the Kings Authority, who was (as were also the Priests) anointed with Oyl, to inti∣mate the Sacredness of his Person.

When the Kings and Princes of the World began to submit their Crowns and Scepters to the Cross of our Redeemer, and instead of Persecutors to become Protectors of the Church, this sacred Ceremony of Anointing was again restored, and Monarchs thereby admonished, that, as their Persons were sacred and Spiri∣tual, so it was no less a part of their

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Duty to take care of the external Regulation and peace of the Church, than of the Civil Government of their States. Yet were there antiently none anointed, but the two Emperors of the East and West, the Kings of France, England, Sicily, and Hierusalem: amongst whom the Monarch of Great Britain may lay as ancient a Claim to this Holy Unction, as any other Prince of Europe, the very first Kings of this Island, after it was freed from the Jurisdiction of the Romans, hav∣ing been anointed. By reason of which Unction, it was in the Reign of Ed∣ward the IIId. declared, that the Kings of England were capable of Spi∣ritual Jurisdiction.

Of this Sacred Person of the King, of his Life and Safety so singular a Care is taken, that the Laws of both the Realms, whereinto this Island is divided, do herein agree, that it is High Treason, only to imagin or in∣tend the Death of the King: And because likewise by imagining or con∣spiring the Death of the Kings Coun∣cellors, or Great Officers of his Houshold, the Death of the Sovereign may ensue, and is usually aimed at,

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all such Conspiracies, tho never ta∣king effect, are punished with Death, tho in all other Capital Cases no man is put to Death, unless the Act follow the Intent.

Nay in so high an esteem is the Kings Person had, that to offend against those Persons and Things, whereby he is represented, as to kill some of the Crown Officers, or any of the Kings Judges, executing their Office, to counterfeit the Kings Seals, or his Moneys, is made High Treason, be∣cause by all these his Sacred Person is represented. And so horrid is this Crime of High Treason, that be∣sides the Loss of Life and Honour, the Criminal forfeits all his Estate Real and Personal, his Wife loses her Dower, his Children their Nobility, and all their Right of Inheritance to him or any other Ancestor, and are to be ranked amongst the Peasantry and Ignoble, till the King shall please to restore them. For so heinous is this Offence, that the Law can hard∣ly endure to see the Posterity of the Offender survive him.

And rather than Treason against the Kings Person shall go unpunished,

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the Innocent shall in some cases suffer: for if an Ideot or Lunatick (who, ha∣ving no Will, cannot possibly be said to offend) shall, during his Ideocy, or Lunacy, kill or go about to kill the King, he shall be punished as a Tray∣tor; tho not being Compos mentis, he can neither commit Felony, Petit Treason, or any other sort of High Treason,

So tender a Regard is moreover had of this most precious Person of the King, that no Physick ought to be administred to him, but what his Physicians prepare with their own Hands, and not by the Hands of any Apothecary; nor are they to use the Assistance of any Chirurgeons, but such, as are sworn Chirurgeons to his Person.

This Person of the King in his Natural as well as Politick Capacity is every Subject to defend with his own Life and Limbs. For, the King being Father of his Country, it should seem a pleasant thing to every Loyal-hearted Subject to lose Life or Limb in defending him from Conspiracies, Re∣bellions, or Invasions, or assisting him in the Execution of his Laws.

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The Office of the Monarch of Great Britain (and indeed of every Christian Prince)* 1.5 was by the Holy Roman Bishop St. Eleutherius described to our first Christian King Lucius: Which De∣scription, recorded in the Laws of St. Edward the Confessor, King of Eng∣land, is, as followeth. A King, being the Minister and Delegate of the Su∣preme King, is appointed by GOD for this end, that He govern this Earth∣ly Kingdom and People of our Lord, and above all that he govern and venerate his Church, defending it from all, who would injure it: That he root out of it, and utterly destroy all Evil-Doers.

For the better enabling themselves to discharge this great and weighty Office (to the just and upright Perfor∣mance whereof every King at his Coronation obliges himself by solemn Oath)* 1.6 the Monarchs of Great Britain have reserved, as inherent in their Crown, certain extraordinary Powers, Preeminences, and Priviledges, com∣monly called Royal Prerogatives, some of the most remarkable whereof, in which, as being necessary for the Pre∣servation of the Government, and

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the Safety and Interest of the People, the Laws of both Kingdoms agree, do here follow.

The King solely and alone has by his Royal Prerogative, without any Act of Parliament, the absolute Pow∣er of declaring War, making Peace, sending and receiving Ambassadours, entring into and concluding Leagues and Treaties with any Forreign Prince or State. He has the sole Disposing and Ordering of the Militia by Sea and Land, raising Forces, Garrison∣ing and Fortifying Places, setting out Ships of War, and Pressing Men, if need require. He alone disposes of all Magazins, Ammunition, Castles, Fortresses, Ports and Havens, and has the laying out and employing, as he pleases, of all Publick Monies or the Revenues of the Crown and Kingdom. He appoints the Metal, Weight, Pu∣rity, and Value of Money, and may by his Proclamation make any For∣reign Coin to be lawful and Current Money within his Dominions.

By his Royal Prerogative, he may of his meer Will and Pleasure con∣voke, adjourn, prorogue, remove, and dissolve Parliaments, and may to any

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Act, passed by them, give or refuse (without rendring any Reason) his Royal Assent, without which a Bill is but a meer Cadaver, a lifeless and inanimate Lump. He may at his plea∣sure increase the number of the Mem∣bers of Parliament by creating new Barons, and bestowing Priviledges up∣on other Towns to send Burgesses to Parliament: Yea, he may call to Par∣liament by Writ any one, whether Alien or Native, whom he in his Princely Wisdom shall think fit, and may refuse to send his Writ to some others, that have sat in former Par∣liaments.

His Majesty alone hath the Choice and Nomination of all Magistrates, Councellors, and Officers of State, of all Bishops, and other high Dignities in the Church, of all Commanders, and other Officers at Sea and Land; the bestowing of all Honors of the higher and lower Nobility; the Pow∣er of determining Rewards for Servi∣ces, and Punishments for Misdemeanors.

He may by his Letters Patents e∣rect new Counties, Bishopricks, Universities, Cities, Burroughs, Hos∣pitals, Schools, Fairs, Markets, Courts

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of Justice, Forrests, Chases and Free-Warrens.

He hath by his Prerogative Power to enfranchise an Alien, and thereby to enable him to purchase Houses and Lands, and to bear some Offices. He hath Power to grant Letters of Mart or Reprisal, Safe Conducts, &c.

No Proclamation can be made, but by the King: Between which and a Statute as the Difference originally was not great, the King making the lat∣ter by the Common Councel of the Kingdom, whereas in the former he had but the Advice of his great Coun∣cel of the Peers, or of his Privy Coun∣cel only: So what Judgment Parlia∣ments have formerly had of Procla∣mations, appears by these Words of a Statute, made in the one and thir∣tieth year of King Henry the VIIIth. Forasmuch as the King, by the Advice of his Councel, hath set forth Procla∣mations, which obstinate Persons have contemned; not considering what a King by his Royal Power may do: Considering that sudden Causes and Occasions fortune many times, which do require speedy Remedies, and tha by abiding for a Parliament, in the

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mean time might happen great preju∣dice to ensue to the Realm: And weighing also, that his Majesty, which by the Kingly and Regal Power, giv∣en him by GOD, may do many things in such Cases, should not be driven to extend the Liberties, and Supremity of his Regal Power, and Dignity, by wilfulness of froward Sub∣jects: It is therefore thought fit, that the King with the Advice of his Hono∣rable Councel should set forth Procla∣mations for the good of the People, and Defence of his Royal Dignity, as neces∣sity shall require.

The King only can give Patents in case of Losses by Fire, or otherwise, to receive the charitable Benevolences of the People, without which none may ask it publickly.

The King by his Prerogative is Ʋl∣timus Haeres Regni, and the Recepta∣cle of all Estates, when no Heir ap∣pears: For this cause all Estates for want of Heirs, or by Forfeiture, es∣cheat to the King. All Spiritual Bene∣fices, for want of Presentation by the Bishop, are lapsed at last to the King. All Money, Gold, Silver, Plate or Bullion, found (and the Owners there∣of

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not known) belong to the King: and so do all Wayfs, Strays, Wrecks, not granted away by him, or any of his Predecessors. All Wast Ground, or Land, recovered from the Sea; all Land of Aliens, dying before Na∣turalization; all things, the property whereof is not known; and all Gold or Silver Mines, in whose Ground so∣ever they are found, belong to the King.

In the Church the Kings Preroga∣tive is very great. He only hath the Patronage of all Bishopricks: None can be elected Bishop, but whom he hath first nominated; None can be consecrated, or take possession of the Revenues of any Bishoprick without his special Writ or Assent. He is the Nursing-Father of the Church, and hath Power to call a National or Pro∣vincial Synod, and with the Advice and Consent thereof to make Canons, Orders, Ordinances and Constitutions, relating to the Government and Polity of the Church, wherein (as it was af∣firmed by Christopher Wray, Speaker of the House of Commons in the thir∣teenth year of Queen Elizabeth) the Princes Power is absolute.

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The King has Power, upon Causes only known to himself, to dispence by Non Obstantes with General Laws, made in Parliament, and with the Penalties for transgressing them, where such Pe∣nalty is appropriated to himself alone; to mitigate the Rigor of the Laws, where Equity and Conscience require Moderation, to alter or suspend any particular Law, that he judges hurt∣full to the Commonwealth; to pardon a Man, legally condemned; to grant special Priviledges to particular Per∣sons, Colledges, and Corporations, and if any Doubt arises concerning such Priviledges, he only has Right to interpret them. To him, and the Judges, constituted by him, does it belong to interpret all Statutes, and to determin, and pass Sentence in Ca∣ses, not defined by Law.

These are some Branches of that Jus Coronae, of that Regal Preroga∣tive, of the name whereof however some persons are afraid, yet may they assure themselves, that the Case of Sub∣jects would be desperately miserable without it: since the Kings just Rights are the best Preserver of the Peoples Liberties, being an impregnable Bul∣wark

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against all popular Invasions and illegal Powers. Nor have there ever been found any greater Oppressors of the People, than those, who under pretence of asserting their Liberties have endeavored to lessen the Royal Authority. Thus in the great Contest between Henry the IIId. King of Eng∣land, and the Barons, about the pre∣tended Liberties of themselves and the People, the King being forced at length to yield, the Lords, instead of that glorious Freedom, which they promised the Nation, ingrossed all Pow∣er into their own Hands under the Name of the twenty four Conservators of the Kingdom, behaving themselves like so many Tyrants, acting all in their own Names, and in Juntoes of their own, wholly neglecting, or else over-ruling Parliaments. But then not agreeing among themselves, four of them (viz. the Earls of Leicester, Glo∣cester, Hereford and Spencer) defeated the other twenty, and drew the entire Management of Affairs into their own hands: Yet it continued so not long, Leicester getting all into his own Pow∣er, who being slain in Battle, the King recovered his Authority, and the People their true Liberty.

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Many of these Prerogatives, those especially, that concern Justice, and Peace, are so essential to Royalty, that they cannot be separated from it, but by the destruction of the Monarchy it self. Not without reason therefore did the Estates of England, assembled in Parliament in the Reign of King Edward the IIId. declare, that they could not (tho the King himself should desire it) assent to any thing, which tended to the Disherison of the King and his Crown, whereunto they were sworn. The King therefore, as he is by his Office Debitor Justitiae, oblig∣ed to administer Justice to his People, so is he in Conscience bound to main∣tain the Rights of the Crown in pos∣session, and to endeavour the recovery of those, whereof it has been dispos∣sest. And how dismal the Effects have been, whenever any King, neglect∣ing the religious observance of this part of his Duty, has been prevail∣ed upon to give way to the lesse∣ning of his Royal Prerogative, we have a sad Example in his Majesties Father of Blessed Memory, who par∣ting (tho but only Pro illa vice) with his absolute Power of dissolving Parli∣aments,

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and giving it to the two Hou∣ses, they never ceased farther incroach∣ing upon his Prerogatives, till he him∣self was barbarously murthered, the Government wholly subverted, and all the Liberties of the People trampled under foot. To him therefore, that shall seriously consider the many fatal Mischiefs and Inconveniences, which necessarily follow the Diminution of the Kings Prerogative, it will seem no Paradox to affirm, that it is the Sub∣jects great Interest to be far more sol∣licitous, that the King maintain and uphold his own Prerogative and Preemi∣nence, than their Rights and Liber∣ties, which, as they had no other Ori∣ginal but the Grace and Bounty of the Prince, so must they of necessity per∣ish, when he is no longer able to pro∣tect them. It is not thefore to be wondred, that a right Apprehension of such pernicious Consequences made his Sacred Majesty refuse his Royal Assent to a Bill, presented him for the raising of the Militia, tho it was (if passed into an Act) to have continued in force but six Weeks: Because the Tendency of the Bill being to put out of his Possession the Posse Regni, or

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absolute command over the Forces of the Realm, he could not answer unto GOD, by whom alone he is intrust∣ed with his Regal Power for the Safe∣ty and Well-Government of his Sub∣jects, the abandoning (tho for so short a time) the Protection and Defence of the People, committed to his Charge.

Whatever things are proper unto Supreme Majesty, Scepters and Crowns,* 1.7 the Purple Robe, the Globe or Gol∣den Ball, and Holy Unction, have as long appertained to the British Mo∣narch, as to any other Prince in Eu∣rope. The Antiquity of anointing Kings in Britain has been already shewn out of Gildas; and as for the other four, they are by Leland, a famous Antiqua∣ry, ascribed unto King Arthur, who began his Reign in the Year of our Lord 506. Which was as soon, as they were ordinarily in use with the Roman Emperors.

The King of Great Britain is an ab∣solute and unaccountable Monarch, a Free Prince of Soveraign Power, not holding his Kingdom in Vassallage nor receiving his Instalment or Investiture

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from another; Nor does he acknow∣ledge Superiority to any, but to GOD alone.

He is not only the Supreme, but sole Legislator within his Dominions. The Power of making Laws (whatever some Antimonarchists pretend to the contrary) rests solely in him. And altho the Gracious Condescension of our Kings has been such, as to render the subordinate Concurrence of the Estates of each Realm a Condition, requisite to the making of new, or ab∣rogating of old Laws within the respective Kingdoms; yet are they not thereby admitted to any Share in the Soveraignty, their Power being wholly derivative from the King, who is Caput, Principium, & Finis Parlia∣mentorum, the three Estates, when as∣sembled in Parliament, being as much his Subjects, as every particular Man of them is, when the Meeting is dis∣solved. All Bills, passed by them, are but so much dead matter, till quickned by his Royal Fiat, which alone gives Life and Form to all their Proceedings. Nor is it ex debito Justi∣tiae, but of his Special Grace, that he passes such Acts, as are presented to

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him. Thus Henry the IIId. begins his Magna Charta with Know ye, that WE of our meer and free Will have given these Liberties. Thus we hear King Edward the Ist. saying: The King of his special Grace for Re∣dress of the Grievances of His People sustained by his Wars, and for the Amendment of their Estate, and to the intent that they may be the more ready to do him Service, the more willing to assist and aid him in time of need, Grants. 28. E. 1. c. 1. And altho of later times Laws are said to be made by Authority of Parliament, yet if we look into our antient Statutes, we shall find the meaning to be, that The King Ordains, the Lords advise, and the Commons consent.

Those then are much mistaken, who affirm the Parliament to be (at the least) as Essential a Part of the Go∣vernment as the Prince: Which if it were true, whenever the Parliament is dissolved, the Government would be so too. But this with the Pernici∣ous Maxim of Coordinacy, or sharing the Soveraign Power between King, Lords, and Commons, with other treaso∣nable and Antimonarchical Doctrines,

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daily dispersed amongst the People, and with the utmost of his Art in∣dustriously asserted by the Author of a late seditious Book, entituled Plato Redivivus, together with his audacious Proposals, aiming to take all the Flow∣ers out of the Imperial Diadem of the British Monarch, are most fitly to be answered in Westminster-Hall, as tend∣ing no less to the subversion of our Go∣vernment (which being purely Monar∣chical, may be without the two Houses, whereas they cannot be without the King) than those traitorous Designs, for which Coleman and his Accompli∣ces paid their forfeited Lives to the Justice of the Laws.

The King of Great Britain is Lord Paramount, supreme Landlord of all the Lands within his Dominions, all landed men being mediately or imme∣diately his Tenants by some Tenure, or other. By the Laws and Ordinances of ancient Kings (saith Sir Edward Cook in the first part of his Institutes) and especially of King Alfred it ap∣peareth, that the first Kings of this Realm had all the Lands of England in De∣mesne; and the great Manors and Roy∣alties they reserved to themselves and

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of the Remnant they, for the Defence of the Realm, enfeoffed the Barons of the Realm with such Jurisdiction, as the Court Baron now hath. The King (as it is evident by the Rolls of the Chancellery in Scotland, which contain their eldest and fundamental Laws) is Dominus omnium bonorum, and Dominus directus totius Dominii, the whole Sub∣jects being but his Vassals, and from him holding all their Lands as their Over-lord. Thus none, but the King, hath Allodium and Directum Dominium, the sole and independent Property in any Land. Upon this Ground no doubt it was that Serjeant Heal in the three and fortieth year of Queen Elizabeth said in Parliament, He marvelled, the House stood either at the granting of a Subsidy or time of Payment, when all we have, is her Majesties, and She may lawfully at her pleasure take it from us; and that She had as much Right to all our Lands and Goods, as to any Reve∣nue of the Crown; And he said, he could prove it by Precedents in the time of Henry the IIId. King John and King Stephen. And upon the same Ground was it resolved by the Judges in the beginning of the Reign of King

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James, when there was a purpose to have taken away Tenures by Act of Parliament, That such a Statute had been void, because the Tenures were for the Defence of the King and Kingdom. And altho since that the Tenures, which gave a Dependency upon the Crown, and were the grea∣test Safety to the King and People, have been taken away, and thereby a great Blow given to Monarchy; yet let those, who have the Fee, the Jus perpetuum, and the Ʋtile Dominium, have a care, lest by following the mis∣chievous Advice of Plato Redivivus, and abusing the Grace and Bounty of the Prince by endeavoring to draw the Soveraignty to themselves, they neces∣sitate not their King, for the Preser∣vation of himself and People, to have Recourse to his Prerogative, which is a Preheminence, in Cases of Necessity, above and before the Law of Proper∣ty or Inheritance: For the Prevention whereof it is to be wished, that either by an Act of Resumption of the an∣cient Demesns of the Crown (which was a sacred Patrimony, and by Law unalienable) or by such other way, as the Wisdom of the Nation shall think

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fit, a Royal Support, adaequate to the Charges of the Crown, be made for the King to defend his Kingdom and protect his People: so that he may not be reduced to the Infelicity of having a precarious Re∣venue out of the Peoples Purse, and to be beholden to a Parliament for his Bread in time of Peace, which is no good Condition for a Mo∣narchy.

As the Legislative Power is solely in the King, so he alone has the Sove∣raign Power in the Administration of Justice and Execution of the Law. He is the Fountain of all Justice, which by his Judges, and other inferior Of∣ficers, as so many Crystal Pipes, he conveyeth to his People. We will (saith Edward the Ist. in his Book of Laws, written at his appoint∣ment by John Briton, Bishop of He∣reford) that our own Jurisdiction be a∣bove all Jurisdictions in our Realm, so that in all manner of Felonies, Trespasses, Con∣tracts, and all other Actions Personal or Real, We have Power to render or cause to be rendred such Judgments as do appertain without other Process, whereever we know the right Truth, as Judges. All Juris∣diction

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(say the Scotch Laws) stands and consists in the Kings person by reason of his Royal Authority and Crown, and is competent to no Subject; but flows and proceeds from the King, having Supreme Jurisdiction, and is given and committed by him to his Subjects, as he pleases. The King then is the sole Supreme Judge, all other Judges being his Deputies, to whom whatsoever Power is by him committed, yet is the last Appeal al∣wayes to be made to himself, who may therefore (as his Predecessors formerly have done) sit in any Court, and take Cognizance of any Cause: but in Trea∣sons, Felonies, &c. the King, being Plaintif, sits not personally in Judg∣ment, but doth perform it by his De∣legates.

From the King of Great Britain, who, being the only Supreme Head, is fur∣nished with Plenary Power and Juris∣diction to render Justice to every Mem∣ber within his Dominions, there lies no Appeal in Ecclesiastical Causes to the Bishop of Rome, whose Authority ever since the Reformation has been here wholly abrogated; nor in Civil Matters to the Emperor, who for above twelve hundred years has not had the least

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Shadow of Pretence to any Jurisdicti∣on within this Island; nor in either to the people, who both in themselves, and by their Representatives in Parlia∣ment, as well Conjunctim as Divisim, are his Subjects, and ow Obedience to his Commands.

To Legislation and Judicature, which are solely and supremely in the King, is necessary the Power of the Sword (without which all other Power is no∣thing) for forcing Obedience to the Laws, and Judgments given both in Criminal and Civil Causes. This, having in virtue of their Soveraignty been alwayes indisputably enjoyed by the Monarchs of this Nation till the time of the late Rebellion, was since his Majesties Restauration by a Parliament, as truly zealous for the happiness of their King and Coun∣try, as ever this Nation saw, in proper and express Terms declared to be the Right of the King only without either of his Houses of Par∣liament, the contrary Position thereun∣to, asserted by the rebellious Members of the Parliament of 1640. having been the chief Means of overturning our Government, and bringing Confu∣sion

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and Misery upon this flourishing Kingdom.

* 1.8So great was the Veneration, shewn to the ancient Christian Emperors by their Subjects, that they gave them (tho imperfectly only and Analogically) the Titles of Your Everlastingness, Your Divinity, and the like, belonging essen∣tially and perfectly to GOD alone: Who, to shew the great Power, by him given to Soveraign Princes, and to beget in the Hearts of their Peo∣ple an higher Esteem, and more reve∣rend Awfulness of them, which failing, all Confusion, Impiety and Calamity break in upon a Nation, is himself pleased, as is manifest in Holy Writ, to bestow upon them the Title of Gods, as being his Vicegerents, and representing his Majesty and Power up∣on Earth.

Nay so excessive was the Respect of the good Christians of those times, that they were wont to swear by the Majesty of their Emperor, as Joseph sometimes did by the Life of Pharaoh. And this Custom seems to be justified by Vegetus, a learned Writer of that Age, being practiced only to create in

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the Subjects a greater Reverence for these Earthly Deities.

In like manner the Laws and Con∣stitutions of this Monarchy attribute to the King, whom they regard as GOD upon Earth, divers Excellen∣cies, which belong properly to none but GOD. Thus as GOD is per∣fect, so the Law will have no Imper∣fection found in the King: No Negligence, no Folly, no Infamy, or Corruption of Blood, all former Attainders (tho even made by Act of Parliament) being ipso facto purged by the Accession of the Crown.

To the King is attributed Infallibi∣lity and Justice in the Abstract: The King cannot erre; The King can do no wrong. To the King is likewise ascribed a Kind of Immortality: The King never dies; as being a Corporation in himself, that lives for ever: For all Interregna being unknown in these Kingdoms, the same Moment, that one King dies, the next Heir is fully and absolutely King without any Coronation, Ceremony, or Act to be done.

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The King is also in some sort said to be Omnipresent. He is in a man∣ner every where, in all his Courts of Justice, in all his Palaces: Therefore it is, that all his Subjects stand bare in the Presence Chamber, wheresoever the Chair of State is placed, tho the King be many Miles distance from thence.

He hath also a kind of Universal Influence over all his Dominions. His Fatherly Care is extended to preserve, feed, instruct and defend the whole Commonweal. His War, His Peace, His Courts of Justice, and all His Acts of Soveraignty tend only to preserve and distribute to every person within his Territories their particular Rights and Priviledges.

By his Power of creating to the highest Dignity, and annihilating the same at pleasure; and much more by his Prerogative of pardoning those, whom the Law has condemned, he is invested with a kind of Omnipotency, whereby he can restore to life those, that are dead in Law. And this Power of pardoning condemned Cri∣minals is of such Benefit to the Lives and Estates of the People, that with∣out

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it many would be exposed to die unjustly.

The King alone in his own Domi∣nions can say with GOD, whose Re∣presentative he is, Vengeance is Mine: For all Punishments proceed from him in some of his Courts of Justice, it not being lawful for any Subject to avenge himself.

The King alone is Judge in his own Cause, tho he delivers his Judgment by the Mouth of his Judges.

But in nothing doth the King more resemble the eternal Deity, than in the Plenitude of his Power to do, what he pleases, without being opposed, resist∣ed, or questioned by his Subjects. Nemo quidem (saith Bracton) de factis ejus prae∣sumat disputare, multo minus contra fact∣um ejus ire. Let none presume to search into his deeds, much less to oppose them. Nor is this a Priviledge, be∣longing only to the King of Great Bri∣tain, but a Prerogative inherent in e∣very Soveraign Prince by vertue of his Soveraignty. Where the word of a King is, there is Power: and who may say unto him, what dost thou? saith the Spirit of God by the mouth of the Royal Prophet Salomon. For

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Kingly Power, being by the Law of God, hath no inferior Law to limit it. The Emperor (saith Saint Augustine) is not Subject to Laws, who hath Power to make other Laws. Accordingly it is delivered by the great Lawyer Ʋlpian for a Rule of the Civil Law, Princeps Legibus solutus est, The Prince is not bound by the Laws: Agreeable where∣unto is what is said in the Laws of England, Potestas Principis non est in∣clusa Legibus. The Power of the Prince is not included in the Laws. Hence no doubt it was, that Mr. Grivel in the Thirty first year of Queen Elizabeth said in Parliament, That he wished not the making of many Laws: since the more we make, the less Liberty we have our selves, Her Majesty not being bound by them. Yet is not this so to be understood, that Kings have hereby a right to do Injury; but that it is Right for them to go unpunished by their People, if they do it. The King cannot be impleaded for any Crime. No Action lieth against his Person: For the Writ goeth forth in his Name, and he cannot arrest himself. If he should (which God forbid) violently seiz upon the Estate of any Subject, hav¦ing

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no Title by Law so to do, the only Remedy is by Petitioning him to amend his Fault, which if he shall refuse to do, it will be Punishment sufficient for him to expect, that GOD, who has given him his Prerogative of being above all Laws for the good only of them, that are un∣der the Laws, and for the Defence of his Peoples Liberties, will severely a∣venge the Cause of oppressed Loyal Subjects.

But altho whatever the King shall do, he is not questionable for it by his Subjects; yet there are divers things, which he cannot do Salvo Jure, Salvo Juramento, & Salva Conscientia sua. For by an Oath, taken at his Coronati∣on, the King obliges himself, and in∣deed without any Oath he is by the Law of Nature and Christianity (as are all other Christian Kings) obliged to procure the Safety and Welfare of his People, to protect and defend them against their Enemies, to maintain and preserve them in their Properties, just Rights, and Liberties, to administer up∣right Justice with Discretion and Mer∣cy, and in order thereunto to consent to the enacting of good Laws and repealing of Bad. Thus the King can do nothing

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unjustly, nor can he divest himself or his Successors of any part of his Re∣gal Power, Prerogative, and Authori∣ty, inherent in the Crown, and neces∣sary for the Government and Protecti∣on of his People. Two things there are especially, which having somewhat of Odium in them, the King doth not usually do without the Consent of his Parliament, that is, make new Laws, and impose new Taxes: the one whereof seems (and does but seem) to in∣fringe the Peoples Liberties, and the o∣ther to entrench upon their Properties. To take away therefore all Occasions of Disaffection to the Anointed of the Lord (stiled in Holy Scripture the Breath of our Nostrils, and the Light of our Eyes) the Wisdom of our for∣mer Princes, his Majesties Royal An∣cestors, has contrived, that for both these there should Petitions first be made by the People to the King.

Tho these and divers other Preroga∣tives do rightfully belong unto, and are enjoyed by the Monarch of Great Britain; yet doth he ordinarily govern his people by the known Laws and Cust∣oms of his Kingdoms, making use of his Royal Prerogative for the Benefit,

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not Damage of his Subjects, in some rare and extraordinary Cases only.

Hereunto may be added a singular and Miraculous Priviledge, enjoyed by the Kings of Great Britain, qua∣tenus Kings, conferred first by the Di∣vine Benignity upon that Blessed King of England, St. Edward the Confessor, and ever since continued to his Succes∣sors, which is, by the Imposition of their Sacred Hands to drive away and cure that stubborn Disease, called the Struma or Scrofula, and by us common∣ly from this supernatural manner of its Cure the Kings Evil.

Upon certain dayes almost every Week, during the cold Seasons, his Majesty graciously permits all, that are afflicted with that Disease, having been first carefully viewed, and allowed by his Chirurgeons, to be brought into his Royal Presence: Where an ap∣pointed Form of Divine Service (con∣sisting of some short Prayers, perti∣nent to the Occasion, and two Portions of Holy Scripture, taken out of the Gospel) being read, the King at the pronouncing of these Words (They shall lay their hands upon the Sick, and

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they shall recover) gently draws both his Hands over the Sore of the sick per∣son, the same words being repeated at every Touch.

And at these Words (This was the true Light, which enlightneth every Man, that cometh into this World) he put∣teth about the Neck of each Sick person a piece of Gold, called (from the Im∣pression) an Angel, being in value a∣bout eleven Shillings Sterling.

This evident Cure is by many malig∣nant Nonconformists, those true Sons of Belial, daily despising, and speak∣ing evil of Dignities, ascribed to the Strength of Fancy and exalted Imagina∣tion; but little do they reflect, upon how many tender Infants, no way capa∣ble of such Transports, this stupendious Cure is effectually performed.

* 1.9In consideration of these and many other transcendent Excellencies, to no Prince, or other Potentate in Christen∣dom is done more Honour, Reverence, or Respect, than to the Monarch of Great Britain: All his Subjects at their first Addresses kneel unto him; At Ta∣ble he is served on the knee; All per∣sons (the Prince or other Heir appa∣rent

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not excepted) are bare-headed in his Presence; In the Presence Chamber (tho the King be not there) all men are not only uncovered, but do, or ought to do Reverence to the Chair of State.

The Kings only Testimony of any thing, done in his presence, is of as high a Nature and Credit, as any Re∣cord: And in all Writs, sent forth for the Dispatch of Justice, hee useth no other Witness but himself, viz. Teste meipso.

As the King of Great Britain is thus reverenced and respected at home, so is he no less honored and esteemed a∣broad. For if he be regarded solely as King of England, we shall find, that the Emperor was accounted Filius major Ecclesiae; the King of France Filius mi∣nor; and the King of England Filius adoptivus: That in General Councels the King of France took place on the Emperors Right Hand; the King of England on his Left; the King of Scots having Precedency next before Castile: And that, tho since the time of the Emperor Charles the Vth. the Kings of Spain have challenged the Precedency of all Christian Princes, (which neverthe∣less

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they have within this twenty years yielded to France) yet in the time of our King Henry the VIIth. Pope Julius gave it to the English before the Spa∣niard.

But if looking upon him, as succeed∣ing to the ancient British Kings (whose true and undoubted Heir he is by Li∣neal and unquestionable Descent) we shall consider the Antiquity of his Pre∣decessors, either as Kings (Reigning here above a thousand years before the coming in of the Romans, His Majesty, now regnant, being from the first Bri∣tish Kings the hundred thirty nineth Monarch) or as Christians, this Island having not only shewn to the World the first Christian King, named Lucius (whence the Title of Primogenitus Ec∣clesiae rightfully belongs to the King of Great Britain) but given to the Church the first Christian Emperor, even the famous Constantin, here born of there-nowned British Lady St Helena, by whose Example and Encouragement the Faith was generally received throughout the whole Empire: The Independency and Absoluteness of his Authority, holding of none but GOD, and having in his own Dominions neither Superiour nor

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Equal: The Eminence of his Royal Dignity, State, and Titles, his Realm not having been only stiled an Empire, and his Crown Imperial, but this Island both in antient and later Times hav∣ing been regarded as another World, whereof the Monarch is sole Lord and Emperor: The Martial Exploits and Achievements of his Ancestors abroad, amongst whom is the first Christian Worthy, and first Founder of Martial Knighthood, the famous King Arthur, in whose Heroick Acts there is Truth enough (all, that is thought fabulous, being rejected) to render him renown∣ed to all posterity: The Gallantry and and Stoutness of his People, arising from their Freedom, the Plentifulness of their Country, and Generality of their Wealth: His long-lined Royal Extraction, wherein His Majesty, now Reigning, excels all the Monarchs of the Christian (if not of the whole) World: The Hospitality, and Magni∣ficence of his Court, than which no Court in Christendom is served with more punctual Attendance and State: The Diversity of Nations, and diffe∣ring maternal Tongues, subject to his Command; The admirable Laws and

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Constitutions of his Government: The Greatness of his Power by Sea and Land both Offensive and Defensive: These and many other his Preroga∣tives considered, We may well be per∣mitted to affirm, that (besides the Preeminence he may challenge by his just Right to the Crown of France) the Monarch of Great Brittain (ex∣cept the Precedency, which he, as all other Christan Princes, acknowledges to the Emperor) if he go not before, yet at least ought not to come behind any King whatsoever.

Notes

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