The absurdity of that new devised state-principle, (viz.) that in a monarchy, the legislative power is communicable to the subject, and is not radically in soveraignty in one, but in more in a letter to a friend.
         Brydall, John, b. 1635?
      
       
         
           1681
        
      
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         A29939
         Wing B5251
         ESTC R19834
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             The absurdity of that new devised state-principle, (viz.) that in a monarchy, the legislative power is communicable to the subject, and is not radically in soveraignty in one, but in more in a letter to a friend.
             Brydall, John, b. 1635?
          
           11 p.
           
             Printed for T.D., and are to be sold by Randal Taylor ...,
             London :
             1681.
          
           
             Attributed to John Brydall. Cf. Wing (2nd ed.).
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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           Prerogative, Royal -- Great Britain.
           Great Britain -- Politics and government -- 1660-1688 -- Sources.
        
      
    
     
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           THE
           ABSURDITY
           Of
           that
           New
           devised
           State-Principle
           ,
           (
           VIZ.
           )
        
         
           
             That
             in
             a
             Monarchy
          
           ,
           The
           Legislative
           Power
           is
           Communicable
           to
           the
           Subject
           ,
           and
           is
           not
           radically
           in
           Soveraignty
           in
           one
           ,
           but
           in
           More
           .
        
         
           In
           a
           Letter
           to
           a
           Friend
           .
        
         
           
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             Hand
             Multos
             regnare
             bonum
             est
             ,
             Rex
             unius
             esto
             .
          
        
         
           LONDON
           ,
           
             Printed
             for
          
           T.
           D.
           
             and
             are
             to
             be
             sold
             by
          
           Randal
           Taylor
           ,
           near
           Stationers
           Hall
           ,
           1681.
           
        
      
    
     
       
         
         
         
           
             SIR
             ,
          
        
         
           YOU
           cannot
           but
           remember
           ,
           that
           at
           our
           last
           Meeting
           ,
           there
           happened
           betwixt
           us
           ,
           a
           hot
           dispute
           touching
           Co-ordination
           ,
           occasioned
           by
           your
           reading
           the
           day
           before
           a
           Tract
           ,
           not
           long
           since
           exposed
           to
           publick
           view
           ,
           and
           Intituled
           ,
           by
           the
           Author
           thereof
           ,
           
             An
             Account
             of
             the
             Growth
             of
             Knavery
             ,
          
           &c.
           
           In
           a
           Letter
           to
           a
           Friend
           ,
           (
           In
           Answer
           to
           Two
           Pamphlets
           ,
           the
           one
           styled
           ,
           
             An
             Account
             of
             the
             Growth
             of
             Popery
             and
             Arbitrary
             Government
             in
          
           England
           ;
           The
           other
           ,
           
             A
             seasonable
             Argument
             to
             perswade
             all
             the
             Grand
             Juries
             in
          
           England
           to
           
             Petition
             for
             a
             New
             Parliament
          
           ;
           )
           in
           which
           said
           Tract
           there
           are
           some
           Passages
           that
           seem
           very
           distastful
           to
           your
           Palat
           ,
           but
           more
           especially
           that
           Sentence
           (
           pag.
           44
           &
           45.
           )
           concerning
           the
           Legislative
           Power
           thus
           expressed
           by
           our
           Author
           .
        
         
           
             The
             Making
             of
             Laws
             (
             sayes
             he
             )
             is
             a
             peculiar
             and
             incommunicable
             Priviledge
             of
             the
             Supream
             Power
             ;
             And
             the
             Office
             of
             the
             Two
             Houses
             in
             this
             Case
             ,
             is
             only
             Consultive
             or
             Preparative
             ,
             but
             the
             Character
             of
             the
             Power
             ,
             rests
             in
             the
             Final
             Sanction
             ,
             which
             is
             in
             the
             King
             ;
             and
             effectually
             the
             passing
             of
             a
             Bill
             is
             but
             the
             Granting
             of
             a
             Request
             ;
             The
             Two
             Houses
             make
             the
             Bill
             't
             is
             true
             ,
             but
             the
             King
             makes
             the
             Law
             ,
             and
             't
             is
             the
             Stamp
             ,
             and
             not
             the
             Matter
             that
             makes
             it
             Currant
             .
          
        
         
           This
           piece
           of
           Doctrine
           [
           say
           you
           ]
           is
           very
           strong
           and
           Heterodox
           ;
           for
           it
           contradicts
           ,
           not
           only
           your
           own
           darling
           Sentiments
           ,
           but
           also
           the
           opinion
           of
           many
           other
           Persons
           in
           this
           Nation
           ,
           who
           hold
           ,
           That
           the
           Legislature
           resides
           not
           in
           the
           King
           only
           ,
           but
           in
           him
           ,
           and
           in
           the
           Two
           Houses
           of
           Parliament
           ;
           so
           that
           you
           ,
           and
           those
           other
           Persons
           fancy
           a
           Mixture
           ,
           or
           Co-ordinacy
           in
           the
           Supremacy
           it self
           ,
           making
           the
           English
           Monarchy
           a
           Compound
           of
           Three
           Co-ordinate
           Estates
           .
        
         
           This
           same
           opinion
           [
           say
           you
           ]
           is
           founded
           upon
           the
           Authority
           of
           the
           Law
           Books
           ,
           which
           tell
           us
           ,
           That
           every
           Statute
           must
           be
           made
           by
           the
           King
           ,
           Lords
           and
           Commons
           ;
           And
           if
           it
           appear
           by
           the
           Act.
           that
           it
           is
           made
           by
           Two
           of
           them
           only
           ,
           it
           is
           no
           Statute
           ,
           as
           appears
           by
           4
           
             H.
             7.
             18.
             b.
             Co.
             Lit.
             139.
             b.
             Co.
             4.
             
             Inst
             .
             f.
             25.
             
             Co.
             2.
             
             Inst
             .
             157.
             158.
             334.
             
             Bulstrods
          
           Reports
           ,
           
             Dominus
             Rex
             &
             Alleu
             ,
             v.
             Tooley
             .
          
        
         
           These
           same
           Authorities
           I
           allow
           as
           well
           as
           you
           ,
           but
           then
           it
           must
           be
           with
           this
           distinction
           ,
           that
           the
           Two
           House
           of
           Parliament
           ,
           are
           in
           a
           sort
           Co-ordinate
           with
           His
           Majesty
           
             Ad
             aliquid
          
           to
           some
           Act
           ,
           or
           Exercising
           the
           Supream
           Power
           ,
           that
           is
           to
           say
           ,
           there
           is
           an
           equal
           
           Right
           in
           the
           King
           and
           the
           Two
           Houses
           of
           a
           Negative
           Voice
           in
           respect
           of
           new
           Laws
           to
           be
           Enacted
           ,
           or
           old
           to
           be
           repealed
           ;
           But
           if
           you
           intend
           by
           Co-ordination
           (
           as
           indeed
           you
           do
           )
           a
           Fellowship
           with
           the
           King
           ,
           in
           the
           very
           Supremacy
           it self
           ,
           you
           are
           much
           beside
           the
           Cushion
           ,
           and
           truly
           in
           the
           wrong
           side
           of
           the
           Hedge
           too
           .
           Because
           it
           is
           repugnant
           to
           the
           nature
           thereof
           ,
           and
           a
           clear
           Contradiction
           ,
           If
           it
           be
           true
           as
           it
           is
           ,
           that
           the
           King
           is
           our
           only
           Soveraign
           ,
           there
           can
           be
           no
           such
           thing
           ,
           as
           a
           Co-ordinate
           or
           Co-equal
           Power
           ;
           If
           they
           be
           Co-partners
           in
           the
           Soveraignty
           ,
           in
           what
           a
           fine
           Condition
           are
           we
           ,
           that
           must
           be
           obliged
           to
           Impossibilities
           .
           For
           we
           must
           obey
           three
           Masters
           ,
           Commanding
           contrary
           things
           .
           The
           Two
           Houses
           may
           as
           well
           injoyn
           us
           to
           do
           them
           Homage
           ,
           which
           is
           ,
           and
           ought
           to
           be
           performed
           only
           to
           the
           King
           ,
           as
           to
           challenge
           a
           Corrival
           Power
           with
           the
           Soveraignty
           of
           Royalty
           .
           'T
           is
           true
           ,
           no
           Law
           can
           be
           imposed
           on
           us
           ,
           without
           the
           consent
           of
           the
           Two
           Houses
           ,
           yet
           this
           doth
           not
           make
           them
           Co-ordinate
           with
           their
           Prince
           in
           the
           very
           Supremacy
           of
           Power
           it self
           ,
           but
           still
           leaves
           the
           Power
           of
           Ordaining
           Supreamly
           in
           him
           as
           in
           the
           Fountain
           ,
           though
           the
           Efflux
           or
           Exercise
           of
           that
           Power
           be
           not
           solely
           in
           his
           Will
           ,
           but
           expects
           the
           Consent
           of
           his
           People
           ;
           And
           therefore
           't
           is
           very
           curiously
           expressed
           by
           the
           Learned
           Mr.
           
             Hooker
             ,
             That
             Laws
             do
             not
             take
             their
             Constraining
             Force
             from
             the
             Quality
             of
             such
             as
             devise
             them
             ,
             but
             from
             the
             Power
             that
             doth
             give
             them
             the
             strength
             of
             Laws
             :
             Le
             Roy
             le
             veult
             ,
          
           the
           King
           will
           have
           it
           so
           ,
           is
           the
           Interpretative
           Phrase
           pronounced
           at
           the
           King
           's
           passing
           of
           every
           Act
           of
           Parliament
           :
           
             And
             it
             was
             (
             sayes
             Sir
             
               Henry
               Filmer
            
             in
             that
             most
             excellent
             discourse
             called
             Patriarcha
             )
             the
             Antient
             Custom
             for
             a
             long
             time
             ,
             till
             the
             dayes
             of
             H.
             5.
             that
             the
             Kings
             ,
             when
             any
             Bill
             was
             brought
             unto
             them
             ,
             that
             had
             passed
             Both
             Houses
             ,
             to
             take
             and
             pick
             out
             what
             they
             liked
             not
             ,
             and
             so
             much
             as
             they
             chose
             was
             Enacted
             for
             a
             Law
             :
             but
             the
             Custom
             of
             the
             later
             Kings
             hath
             been
             so
             Gracious
             ,
             as
             to
             allow
             alwayes
             of
             the
             entire
             Bill
             (
             and
             sometimes
             with
             a
             Tacking
             too
             )
             as
             it
             hath
             passed
             both
             Houses
             .
          
        
         
           So
           much
           (
           Sir
           )
           in
           general
           ,
           touching
           your
           fancied
           Corrivality
           of
           Power
           ,
           I
           come
           now
           to
           a
           more
           close
           and
           minute
           Application
           ,
           and
           I
           argue
           thus
           :
        
         
           If
           the
           Two
           Houses
           have
           a
           Joynt
           and
           Co-equal
           Authority
           with
           their
           King
           in
           making
           Laws
           and
           the
           like
           ,
           it
           must
           be
           one
           of
           these
           two
           wayes
           ,
           either
           it
           must
           be
           Primitively
           Seated
           in
           them
           ,
           or
           it
           belongs
           to
           them
           by
           
             derivative
             participation
          
           .
        
         
           First
           ,
           the
           Two
           Houses
           of
           Parliament
           cannot
           have
           this
           Co-ordinate
           Power
           vested
           in
           them
           Primitively
           or
           Radically
           ;
           For
           are
           not
           
           Both
           Houses
           Summoned
           by
           the
           King
           's
           Writ
           ?
           Do
           they
           not
           fit
           in
           Parliament
           by
           Virtue
           only
           of
           the
           Authority
           Royal
           ?
           Can
           either
           the
           Lords
           or
           Commons
           or
           both
           together
           Lawfully
           convene
           themselves
           ,
           appoint
           the
           time
           and
           place
           of
           their
           own
           Meeting
           ?
           Our
           Books
           of
           Law
           can
           tell
           you
           (
           Sir
           )
           that
           the
           Power
           of
           Convocating
           and
           keeping
           of
           Assemblies
           of
           Subjects
           ;
           the
           Power
           of
           Calling
           ,
           Holding
           and
           Proroguing
           of
           Parliaments
           is
           an
           Essential
           Part
           ,
           and
           Inseparable
           Privilege
           of
           the
           English
           Regality
           .
        
         
           All
           able
           Jurists
           and
           Polititians
           very
           well
           know
           ,
           that
           the
           King
           is
           
             Caput
             Principium
             &
             Finis
             Parliamenti
          
           ,
           solely
           made
           and
           Created
           by
           him
           ,
           and
           into
           him
           only
           can
           be
           ultimately
           resolved
           ;
           And
           therefore
           surely
           it
           must
           be
           the
           most
           unreasonable
           thing
           that
           ever
           was
           in
           the
           World
           ,
           that
           Subjects
           Assembled
           by
           their
           Soveraign's
           Writ
           ,
           should
           have
           a
           Co-equality
           of
           Power
           with
           their
           Prince
           ,
           without
           whose
           call
           they
           could
           not
           meet
           together
           ,
           and
           at
           whose
           will
           and
           pleasure
           they
           are
           Dissolved
           in
           Law
           ,
           and
           bound
           to
           betake
           themselves
           to
           their
           own
           Habitations
           :
           And
           return
           to
           the
           
             Statu
             quo
          
           of
           Private
           Persons
           and
           Subjects
           ,
           whereas
           Supremacy
           is
           a
           Publick
           and
           indelible
           Character
           of
           Lawful
           Authority
           .
        
         
           But
           farther
           ,
           can
           the
           Two
           Houses
           of
           Parliament
           pretend
           to
           be
           before
           our
           First
           King
           in
           time
           ,
           can
           they
           outvy
           him
           in
           Seniority
           ?
           Surely
           ,
           no.
           
           As
           for
           the
           Lords
           ,
           Bracton
           affirms
           ,
           that
           the
           Earls
           and
           Barons
           were
           Created
           by
           the
           King
           ,
           and
           assumed
           to
           him
           only
           for
           Counsel
           and
           Advice
           ;
           
           which
           infers
           undoubtedly
           ,
           that
           the
           Power
           they
           are
           invested
           withall
           ,
           
           is
           not
           by
           a
           Contrivement
           or
           Reservation
           (
           as
           some
           Fanaticks
           fancy
           )
           at
           the
           supposed
           Making
           of
           the
           First
           King
           ,
           
           but
           procceds
           ,
           
           
             ex
             Indalto
             Regum
          
           from
           the
           gratuit
           Concessions
           of
           our
           Princes
           .
           
        
         
           But
           it
           was
           Objectect
           by
           you
           in
           our
           Disecptation
           as
           it
           hath
           been
           by
           others
           heretofore
           ,
           that
           the
           very
           Stile
           of
           Comites
           and
           Peers
           ,
           implies
           a
           Co-ordinative
           Association
           with
           the
           King
           in
           the
           Government
           ;
           they
           are
           in
           Parliament
           His
           Comites
           ,
           His
           Peers
           .
        
         
           I
           Answer
           ,
           
           that
           Mr.
           Bracton
           tells
           us
           ,
           
             Rex
             parem
             non
             habet
             in
             Regno
             suo
             ,
          
           the
           King
           has
           no
           Peer
           ,
           and
           offereth
           us
           another
           Reason
           of
           the
           Stile
           of
           
             Comites
             ,
             Quia
             sunt
             in
             Comitatu
             ,
          
           without
           any
           Relation
           to
           Parliament
           ,
           because
           they
           are
           either
           in
           the
           Train
           of
           the
           King
           ,
           of
           because
           placed
           in
           each
           County
           ,
           
             ad
             Regendum
             Populum
          
           ,
           and
           so
           assumed
           to
           the
           King
           to
           the
           like
           end
           that
           Moses
           did
           his
           under-Officers
           ,
           in
           Governing
           his
           People
           .
           They
           were
           not
           only
           to
           be
           Companions
           as
           to
           his
           Person
           ,
           
           but
           in
           respect
           of
           his
           Cares
           ;
           
             Pares
             Curis
             ,
             solo
             diademate
             dispares
             .
          
           They
           are
           the
           Highest
           ,
           and
           in
           the
           nature
           of
           Privy-Counsellors
           ,
           
           but
           Created
           by
           the
           Soveraign
           Prince
           (
           the
           Fountain
           of
           Honour
           )
           and
           so
           not
           equal
           unto
           him
           ,
           though
           exalted
           above
           Fellow-Subjects
           .
           To
           be
           short
           ,
           if
           this
           word
           
             [
             Comites
          
           ]
           should
           imply
           a
           Co-ordinative
           Society
           ,
           it
           must
           needs
           follow
           that
           the
           Commons
           must
           be
           the
           King's
           Peers
           too
           ,
           for
           they
           are
           as
           much
           Co-ordinate
           with
           His
           Majesty
           as
           the
           other
           ;
           And
           so
           let
           's
           set
           up
           Three
           Thrones
           ,
           One
           for
           the
           King
           ,
           another
           for
           the
           Lords
           ,
           and
           a
           Third
           for
           the
           House
           of
           Commons
           .
        
         
           I
           would
           advise
           you
           (
           Sir
           )
           to
           make
           a
           Voyage
           ,
           next
           long
           Vacation
           ,
           into
           France
           ,
           and
           argue
           there
           at
           the
           French
           Court
           ,
           from
           the
           Denomiation
           of
           
             Pares
             Franciae
          
           ,
           and
           see
           what
           Thanks
           you
           shall
           have
           for
           your
           Logick
           .
           Thus
           much
           for
           the
           Lords
           ,
           I
           must
           have
           a
           touch
           at
           the
           Commons
           too
           .
        
         
           As
           for
           the
           Commons
           ,
           they
           surely
           will
           not
           pretend
           to
           exceed
           the
           Lords
           in
           Antiquity
           :
           If
           what
           Sir
           
             Robert
             Cotton
          
           (
           that
           Famous
           Antiquary
           )
           relates
           ,
           in
           some
           part
           of
           his
           Posthuma
           Works
           ,
           be
           truth
           ;
           And
           he
           hath
           been
           pleased
           in
           this
           very
           manner
           to
           express
           himself
           .
        
         
           
             As
             this
             great
             Court
             or
             Council
             ,
             consisting
             of
             the
             King
             and
             Barons
             ,
             ruled
             the
             great
             Affaires
             of
             State
             ,
             and
             Controlled
             all
             Inferiour
             Courts
             ;
             so
             were
             there
             certain
             Officers
             ,
             whose
             transcendent
             Power
             seemed
             to
             be
             set
             to
             bound
             in
             the
             Execution
             of
             Princes
             Wills
             ,
             as
             the
             Steward
             ,
             Constable
             and
             Marshal
             fix'd
             upon
             Families
             for
             many
             Ages
             .
             They
             as
             Tribunes
             of
             the
             People
             ,
             or
             Ephori
             amongst
             the
             Athenians
             ,
             grown
             by
             an
             unmannerly
             Carriage
             ,
             fearful
             to
             Monarchy
             ,
             fell
             at
             the
             Feet
             and
             Mercy
             of
             the
             King
             ,
             where
             the
             daring
             Earl
             of
             Leicester
             was
             slain
             at
             Eveshum
             .
             This
             Chance
             and
             the
             Dear
             Experience
             Henry
             the
             Third
             himself
             had
             made
             at
             the
             Parliament
             at
             Oxford
             in
             the
             Fortieth
             year
             of
             His
             Reign
             ,
             and
             the
             Memory
             of
             the
             many
             streights
             his
             Father
             was
             driven
             unto
             ,
             especially
             at
             
               Rumney
               Meade
            
             near
             Staues
             ,
             brought
             this
             King
             wisely
             to
             begin
             ,
             what
             his
             Success●r
             fortunately
             finished
             in
             lessening
             the
             Strength
             and
             Power
             of
             His
             great
             Lords
             .
             And
             this
             wrought
             by
             searching
             into
             the
             Regality
             ,
             they
             had
             Usurped
             over
             their
             peculiar
             Soveraigns
             (
             whereby
             they
             were
             (
             as
             the
             Book
             of
             Saint
             
             Alban's
             termeth
             them
             )
             
               Quot
               Domini
               ,
               Tot
               Tyranni
            
             ,
             )
             and
             by
             weakning
             that
             Hand
             of
             Power
             which
             they
             carryed
             in
             the
             Parliaments
             ,
             by
             Commanding
             the
             Service
             of
             many
             Knights
             ,
             Citizens
             and
             Burgesses
             to
             that
             General
             Council
             .
             Now
             began
             the
             frequent
             sending
             of
             Writs
             ,
             to
             the
             Commons
             their
             Assents
             ,
             not
             only
             used
             in
             Money
             ,
             Charge
             and
             Making
             Laws
             (
             for
             
             a
             before
             all
             Ordinances
             passed
             by
             the
             King
             and
             Peers
             )
             but
             their
             Consent
             in
             Judgments
             of
             all
             natures
             ,
             whether
             Civil
             or
             Criminal
             .
          
           By
           what
           I
           have
           here
           offered
           out
           of
           Sir
           
             Robert
             Cotton
          
           ,
           and
           elsewhere
           before
           in
           this
           Discourse
           ;
           It
           is
           as
           clear
           as
           the
           Sun
           at
           Noon
           day
           ,
           That
           the
           Two
           Houses
           of
           Parliament
           are
           not
           Co-aetaneous
           with
           the
           First
           King
           ,
           much
           less
           before
           him
           ,
           and
           consequently
           the
           Legislature
           cannot
           be
           said
           to
           be
           Originally
           and
           Radically
           seated
           in
           the
           Lords
           and
           Commons
           .
        
         
           Secondly
           ,
           As
           I
           have
           made
           it
           appear
           that
           the
           Architectonick
           Power
           Paramount
           of
           making
           Laws
           in
           Parliament
           was
           never
           Natively
           ,
           and
           formally
           seated
           in
           the
           Two
           Houses
           ,
           so
           I
           come
           now
           to
           prove
           that
           the
           Supream
           Legislative
           Authority
           was
           never
           vested
           in
           them
           ,
           by
           way
           of
           Emanation
           ,
           or
           derivation
           from
           the
           Imperial
           Crown
           of
           this
           Nation
           .
        
         
           Now
           if
           they
           have
           derivatively
           such
           a
           power
           ,
           it
           must
           be
           one
           of
           these
           two
           wayes
           ,
           either
           by
           way
           of
           Donation
           or
           Usurpation
           :
           Again
           ,
           if
           they
           have
           it
           
             via
             Donationis
          
           ,
           by
           way
           of
           Grant
           ,
           they
           must
           have
           it
           either
           by
           way
           of
           Division
           or
           by
           way
           of
           Communication
           :
           But
           they
           cannot
           challenge
           it
           by
           either
           of
           these
           same
           wayes
           .
        
         
           1.
           
           The
           Houses
           of
           Parliament
           may
           not
           challenge
           a
           Co-ordination
           in
           the
           Supremacy
           by
           way
           of
           Division
           or
           Partition
           ;
           For
           
             Suprema
             potestas
          
           ,
           is
           an
           Entity
           or
           being
           Indivisible
           ,
           as
           it
           is
           subordinate
           to
           none
           but
           God
           Almighty
           ;
           so
           it
           admitteth
           no
           
             Co-ordinate
             ,
             Collateral
             ,
             Co-equal
          
           or
           
             Corrival
             Power
          
           ;
           To
           make
           
             Majestatem
             in
             Maj●state
             ,
             Regnum
             in
             Regno
             ,
          
           more
           than
           one
           Soveraign
           in
           a
           Kingdom
           ,
           is
           inconsistent
           with
           Supremity
           ;
           for
           Supream
           admits
           neither
           of
           Equal
           nor
           Superiour
           ,
           and
           to
           affirm
           it
           ,
           is
           
             Contradictio
             in
             Adjecto
          
           .
           And
           therefore
           you
           may
           read
           ,
           that
           
             Henry
             de
             Beauchamp
          
           Earl
           of
           Warwick
           for
           the
           singular
           favour
           that
           King
           Henry
           the
           Sixth
           bare
           to
           him
           ,
           
           Crowned
           him
           King
           of
           Wight
           :
           But
           we
           could
           never
           find
           (
           sayes
           Cook
           )
           and
           Letters
           
           Patents
           of
           this
           Creation
           ,
           because
           (
           as
           some
           hold
           )
           the
           King
           could
           not
           by
           Law
           ,
           Create
           him
           a
           King
           within
           his
           own
           Kingdom
           ,
           because
           there
           cannot
           be
           Two
           Kings
           in
           one
           Kingdom
           ,
           or
           if
           such
           there
           be
           ,
           they
           are
           but
           Reguli
           or
           Proreges
           ,
           Kings
           to
           their
           Subjects
           ,
           and
           Subjects
           to
           the
           Supream
           King.
           
        
         
           So
           Oedipus
           King
           of
           the
           Thebans
           having
           Issue
           Two
           Sons
           ,
           Polynices
           and
           Eteocles
           ,
           ordained
           that
           after
           his
           Decease
           ,
           his
           Two
           Sons
           should
           alternative
           by
           Course
           ,
           Reign
           in
           his
           Kingdom
           .
           But
           what
           was
           the
           event
           ?
           
             Fratres
             de
             Regni
             Haereditate
             dissidentes
             singulari
             certamine
             Congressi
             mutuis
             vulneribus
             ceciderunt
             .
          
        
         
           Let
           any
           Man
           look
           upon
           the
           Estate
           of
           the
           Roman
           Empire
           ,
           when
           it
           was
           divided
           by
           Constantine
           the
           Great
           amongst
           his
           Three
           Sons
           ,
           
             Constantinus
             ,
             Constantius
          
           and
           Constans
           ;
           Or
           upon
           the
           Estate
           of
           the
           Western
           Empire
           ,
           after
           the
           Division
           made
           by
           
             Lotharius
             ,
             Lewis
          
           and
           Charles
           ,
           Sons
           of
           
             Lodovicus
             Pius
          
           ;
           And
           he
           will
           find
           most
           sad
           and
           horrible
           Confusions
           ensued
           on
           such
           Partitions
           .
           But
           letting
           pass
           Forreign
           Conntries
           ,
           we
           must
           not
           pretermit
           the
           miserable
           Estate
           within
           this
           Kingdom
           ,
           under
           the
           Heptarchy
           until
           all
           was
           Re-united
           under
           one
           Severaign
           ;
           And
           this
           is
           the
           Reason
           that
           in
           
             England
             ,
             Scotland
          
           and
           Ireland
           ,
           the
           Royal
           Dignity
           is
           descendible
           to
           the
           Eldest
           Daughter
           or
           Sister
           ,
           
             Co.
             4
             Inst
             .
             f.
             243.
             &
             on
             Lit.
             fol.
             165.
             a.
          
           For
           
             Regnum
             non
             eft
             divisibile
          
           :
           And
           so
           was
           the
           Descent
           of
           Troy.
           
        
         
           Praeter
           te
           sceptrum
           Ilione
           quod
           gesserat
           olim
           Maxima
           Natarum
           Priami
           .
        
         
           2.
           
           As
           the
           Two
           Houses
           cannot
           have
           a
           Co-ordinate
           Power
           with
           the
           King
           ,
           by
           way
           of
           Division
           ;
           so
           neither
           can
           they
           challenge
           to
           themselves
           a
           Co-ordination
           in
           the
           Supremacy
           it self
           by
           way
           of
           Communication
           ;
           for
           the
           Prerogative
           of
           Legislation
           (
           as
           many
           others
           )
           is
           so
           naturally
           intrins●cally
           inherent
           in
           the
           Supremacy
           (
           for
           where
           Majesty
           is
           ,
           there
           must
           be
           the
           Power
           Legislative
           ,
           )
           that
           it
           cannot
           be
           transferred
           or
           separated
           from
           the
           Crown
           ,
           or
           so
           Communicated
           to
           Both
           Houses
           ,
           as
           to
           denude
           or
           disrobe
           the
           King
           of
           that
           Sacred
           Supream
           Right
           which
           God
           has
           given
           to
           him
           ,
           as
           his
           Vice-Gerent
           on
           Earth
           .
        
         
           Ea
           quae
           Jurisdictionis
           sunt
           &
           pacis
           (
           
             sayes
             our
             Bracton
          
           )
           ad
           nulium
           pertinent
           nisi
           ad
           Coronam
           ,
           
           &
           dignitatem
           Regiam
           ,
           nec
           à
           Coronâ
           separari
           poterunt
           ,
           cùm
           faciant
           ipsam
           Coronam
           ,
           
             Lib.
             2.
             c.
          
           24.
           
        
         
           The
           old
           Statute
           of
           
             Praerogativa
             Regis
          
           tells
           us
           ,
           That
           our
           King
           can
           grant
           no
           Prerogative
           to
           the
           prejudice
           of
           the
           Crown
           .
           And
           thereupon
           
           whatsoever
           a
           King
           of
           this
           Land
           Grants
           to
           his
           Subjects
           ,
           or
           to
           any
           other
           that
           is
           essentially
           in
           the
           Crown
           of
           this
           Kingdom
           ,
           that
           is
           to
           say
           ,
           rally
           annexed
           to
           the
           Person
           of
           a
           Man
           ,
           as
           he
           is
           King
           of
           England
           ,
           as
           that
           the
           parting
           with
           it
           ,
           makes
           him
           to
           be
           no
           King
           ,
           or
           a
           less
           King
           than
           he
           ought
           to
           be
           in
           Dignity
           or
           Royal
           Power
           the
           Grant
           is
           void
           ,
           the
           Grant
           how
           large
           soever
           ,
           It
           must
           be
           understood
           with
           this
           Limitation
           ,
           
             Salvo
             Jure
             Corona
          
           .
           And
           how
           tender
           our
           Former
           Kings
           and
           their
           Subjects
           have
           been
           of
           the
           Rights
           and
           Prerogatives
           of
           the
           Crown
           ,
           Pray
           (
           Sir
           )
           at
           your
           good
           leasure
           consult
           the
           Statutes
           of
           28.
           
           
             E.
             1.
             c.
             2.
             
             &
             20.
             34.
             
             E.
             3.
             c.
             15
             &
             17.
             5.
             
             R.
             2.
             c.
             13.
             11.
             
             R.
             2.
             c.
             9.
             9.
             
             H.
             5.
             c.
             1.
             28.
             
             H.
             6.
             c.
             2.
             
             &
             27.
             
             E.
             1.
             c.
          
           5.
           
        
         
           With
           our
           Municipal
           Laws
           do
           concurr
           Two
           Famous
           Jurists
           ,
           I
           mean
           ,
           Gothofrede
           and
           Suarez
           .
        
         
           The
           former
           returns
           an
           Answer
           to
           this
           
             Quaere
             ,
             Potestne
             Princeps
             Regalia
             alteri
             Cedere
             ?
          
        
         
           Potest
           (
           
             sayes
             he
          
           )
           His
           temperamentis
           adjectis
           ,
           ut
           ne
           Regalia
           Jura
           sua
           cedat
           sine
           summâ
           necessitate
           ,
           ac
           ut
           ea
           cedat
           ex
           causâ
           necessariâ
           ,
           ut
           ne
           ea
           tota
           cedat
           :
           Deinde
           ut
           quaecunque
           cedit
           suopte
           motu
           ,
           ac
           sua
           sponte
           sciens
           ,
           prudensque
           cedat
           ,
           
             Principatûs
             Jure
             Excepto
          
           :
           quod
           etsi
           nominatim
           non
           fuerit
           exceptum
           ,
           tacitè
           tamen
           exceptum
           intelligitur
           (
           cum
           adversus
           omnes
           Regalia
           possidentes
           ,
           in
           suo
           Regno
           ,
           Jus
           instituendae
           Actionis
           habeat
           )
           adeo
           ut
           Jus
           id
           nullo
           tempore
           possit
           praescribi
           .
        
         
           
             The
             latter
             viz.
          
           Suarez
           
             says
             thus
          
           ,
           Regnum
           est
           veluti
           quoddam
           Officium
           quod
           incumbit
           propriae
           Personae
           ,
           
           cui
           confertur
           ,
           &
           non
           tam
           est
           propter
           ipsam
           ,
           quam
           propter
           eos
           ,
           qui
           regendi
           sunt
           ,
           &
           ideo
           non
           potest
           Rex
           ,
           vel
           Regina
           tale
           onus
           à
           se
           separare
           ,
           etiam
           quoad
           usum
           ,
           vel
           administrationem
           ,
           ita
           ut
           non
           maneat
           apud
           ipsum
           suprema
           potestas
           ,
           &
           Obligatio
           Regendi
           ;
           non
           ergo
           transferri
           potest
           illo
           modo
           Administratio
           Regni
           in
           Regem
           ,
           Ratione
           Matrimonii
           .
        
         
           The
           sum
           of
           all
           that
           I
           have
           said
           as
           to
           the
           point
           of
           Communication
           is
           this
           ;
           That
           however
           the
           prime
           essential
           Constitutives
           of
           Monarchy
           ,
           in
           the
           exercise
           of
           them
           ,
           may
           be
           intructed
           by
           the
           King
           to
           the
           Subject
           by
           way
           of
           Delegation
           to
           ease
           his
           Burden
           and
           to
           facilitate
           his
           Royal
           Charge
           ,
           yet
           in
           so
           doing
           ,
           he
           does
           not
           ,
           he
           cannot
           divest
           himself
           of
           the
           Soveraign
           Power
           ,
           nor
           of
           any
           of
           those
           Sacred
           Rights
           and
           Prerogatives
           that
           are
           naturally
           and
           intrinsecally
           inherent
           in
           his
           Imperial
           Crown
           .
        
         
           In
           the
           last
           place
           ,
           as
           the
           Two
           Houses
           cannot
           challenge
           to
           themselves
           by
           way
           of
           Grant
           (
           that
           is
           to
           say
           neither
           by
           Division
           ,
           nor
           by
           Communication
           )
           a
           Co-ordination
           in
           the
           very
           Supremacy
           of
           Power
           ●●●self
           (
           and
           consequently
           there
           cannot
           be
           any
           such
           thing
           as
           a
           Coequality
           
           of
           Power
           in
           the
           Legislature
           ;
           )
           so
           neither
           can
           they
           make
           forth
           a
           good
           and
           Lawful
           Title
           to
           themselves
           ,
           for
           a
           Fellowship
           in
           the
           Legislative
           Power
           ,
           
             via
             usucapionis
          
           ,
           by
           virtue
           of
           any
           Custom
           or
           Prescription
           ;
           For
           no
           immemorial
           Custom
           can
           hold
           good
           ,
           when
           there
           be
           Authentical
           Records
           to
           the
           Contrary
           ;
           And
           whether
           there
           be
           not
           such
           ,
           I
           will
           appeal
           unto
           your
           own
           good
           self
           .
        
         
           Antiently
           the
           Law
           Enacted
           began
           thus
           ,
           
             Rex
             Statuit
          
           ,
           the
           King
           Ordains
           ,
           and
           before
           the
           Laws
           and
           Statutes
           in
           each
           Kings
           Reign
           from
           the
           time
           of
           Edward
           the
           First
           to
           this
           day
           ,
           I
           find
           the
           Title
           or
           Introduction
           thus
           expressed
           as
           follows
           .
        
         
           7.
           
           E.
           1.
           
             the
             Statute
             of
             Mortmain
          
           ,
           We
           therefore
           by
           Advice
           of
           our
           Prelates
           ,
           Earles
           ,
           Barons
           and
           other
           Subjects
           ,
           have
           provided
           ,
           made
           and
           Ordained
           .
        
         
           9.
           
           E.
           2.
           
           
             The
             Statute
             of
             Sheriffs
          
           —
           Our
           Lord
           the
           King
           ,
           by
           the
           Assent
           of
           the
           Prelates
           ,
           Earles
           ,
           Barons
           and
           other
           great
           Estates
           ,
           hath
           Ordained
           and
           Established
           .
        
         
           5.
           
           E.
           3.
           
           
             Statute
             de
             Natis
             ultra
             Mare
          
           ,
           Our
           Lord
           the
           King
           by
           the
           Assent
           of
           the
           Prelates
           ,
           Earles
           ,
           Barons
           and
           other
           Great
           Men
           ,
           and
           all
           the
           Commons
           of
           the
           Realm
           ,
           hath
           Ordained
           and
           Established
           these
           things
           under
           Written
           .
        
         
           3.
           
           R.
           2.
           c.
           3.
           —
           Our
           Lord
           the
           King
           ,
           by
           the
           Advice
           ,
           and
           Common
           Consent
           ,
           &c.
           hath
           Ordained
           and
           Established
           .
        
         
           4.
           
           E.
           4.
           c.
           1.
           —
           Our
           Lord
           the
           King
           ,
           by
           the
           Advice
           ,
           Assent
           Request
           and
           Authority
           aforesaid
           ,
           hath
           Ordained
           and
           Established
           .
        
         
           1.
           
           R.
           3.
           c.
           2.
           —
           Therefore
           the
           King
           will
           ,
           it
           be
           Ordained
           by
           the
           Advice
           and
           Assent
           of
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           the
           Commons
           of
           this
           Present
           Parliament
           .
        
         
           1.
           
           H.
           7.
           c.
           7.
           —
           The
           King
           our
           Soveraign
           Lord
           ,
           by
           the
           Advice
           and
           Assent
           of
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           at
           the
           Supplication
           of
           the
           Commons
           ordaineth
           .
        
         
           1.
           
           H.
           8.
           e.
           7.
           
           The
           King
           our
           Soveraign
           ,
           by
           the
           Assent
           of
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           the
           Commons
           ordaineth
           .
        
         
           1.
           
           E.
           6.
           c.
           4.
           —
           Wherefore
           the
           King
           our
           Soveraign
           Lord
           ,
           at
           the
           humble
           Petition
           and
           Suit
           of
           the
           Lords
           and
           Commons
           ,
           doth
           Ordain
           ,
           Declare
           and
           Enact
           ,
           by
           the
           Assent
           of
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           of
           the
           Commons
           in
           Parliament
           Assembled
           .
        
         
           1.
           
           Mar.
           c.
           1.
           —
           Be
           it
           therefore
           Enacted
           by
           the
           Queens
           our
           Soveraign
           Lady
           ,
           with
           the
           Assent
           of
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           of
           the
           Commons
           in
           this
           present
           Parliament
           Assembled
           .
        
         
           5.
           
           Eliz.
           c.
           5.
           —
           Be
           it
           Enacted
           by
           the
           Queen
           Most
           Excellent
           Majesty
           ,
           with
           the
           Assent
           of
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           the
           Commons
           in
           this
           present
           Parliament
           Assembled
           .
        
         
         
           1.
           
           Jac.
           c.
           2.
           
           Be
           it
           therefore
           Enacted
           by
           the
           King
           's
           Most
           Excellent
           Majesty
           ,
           by
           and
           with
           the
           Assent
           and
           Consent
           of
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           the
           Commons
           in
           this
           present
           Parliament
           Assembled
           .
        
         
           16.
           
           Car.
           1.
           c.
           1.
           
           Be
           it
           Enacted
           by
           the
           King
           's
           Most
           Excellent
           Majesty
           ,
           with
           the
           Consent
           of
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           the
           Commons
           in
           this
           present
           Parliament
           .
        
         
           12.
           
           Car.
           2.
           nunc
           Regis
           c.
           11.
           
           Be
           it
           Enacted
           by
           the
           King
           's
           Most
           Excellent
           Majesty
           ,
           with
           the
           Advice
           and
           Consent
           of
           the
           Lords
           and
           the
           Commons
           in
           this
           present
           Parliament
           .
        
         
           Thus
           (
           Sir
           )
           by
           the
           Title
           or
           Introduction
           of
           our
           Statutes
           in
           each
           King's
           Reign
           (
           from
           King
           Edward
           the
           First
           ,
           to
           this
           very
           day
           )
           it
           is
           clearly
           proved
           ,
           that
           the
           Two
           Houses
           cannot
           challenge
           a
           Co-ordinate
           Power
           with
           the
           King
           in
           making
           Laws
           in
           Parliament
           by
           Usage
           ,
           or
           Prescription
           ,
           the
           Legislative
           Authority
           being
           only
           in
           the
           King
           ,
           though
           the
           use
           of
           it
           be
           restrained
           to
           the
           Consent
           of
           the
           Lords
           and
           Commons
           in
           Parliament
           ;
           
             Le
             Roy
             fait
             les
             Liex
             avec
             le
             Consent
             du
             Seigniors
             ,
             &
             Communs
             ,
             &
             non
             pas
             les
             Seigniors
             &
             Communs
             avec
             le
             Consent
             du
             Roy
          
           ;
           The
           King
           makes
           the
           Laws
           with
           the
           Consent
           of
           the
           Lords
           and
           Commons
           ,
           and
           not
           the
           Lords
           and
           Commons
           with
           the
           Consent
           of
           the
           King
           :
           In
           a
           word
           ,
           the
           Soveraign
           is
           the
           sole
           Legislator
           ,
           it
           is
           His
           Stamp
           and
           Royal
           Will
           ,
           and
           that
           alone
           which
           gives
           Life
           ,
           and
           Being
           ,
           and
           Title
           of
           Laws
           to
           that
           which
           was
           before
           ,
           but
           Counsel
           and
           Advice
           ;
           All
           marks
           of
           Supremacy
           being
           still
           in
           him
           ,
           nor
           is
           it
           an
           Argument
           of
           Communicating
           his
           Power
           ,
           that
           he
           restrains
           himself
           from
           exercising
           some
           particular
           Acts
           without
           Consent
           of
           Parliament
           ,
           for
           it
           is
           by
           virtue
           of
           his
           own
           Grant
           ,
           that
           such
           after-Acts
           shall
           not
           be
           valid
           .
           He
           hath
           not
           divided
           his
           Legislative
           faculty
           ,
           but
           tyed
           himself
           from
           using
           it
           ,
           except
           by
           the
           Advice
           and
           Consent
           of
           the
           Peers
           ,
           and
           at
           the
           Request
           of
           the
           Commons
           ,
           their
           Rogation
           must
           precede
           his
           Ratification
           .
           Wherefore
           upon
           what
           has
           been
           said
           ,
           I
           may
           very
           well
           pronounce
           our
           Author's
           words
           .
        
         
           That
           the
           Making
           of
           Laws
           is
           a
           peculiar
           and
           incommunicable
           priviledge
           of
           the
           Supream
           Power
           ;
           And
           the
           Office
           of
           the
           Two
           Houses
           in
           this
           Case
           is
           only
           Consultive
           or
           Preparative
           ,
           but
           the
           Character
           of
           the
           Power
           ,
           rests
           in
           the
           final
           Sanction
           which
           is
           in
           the
           King
           ;
           And
           effectually
           the
           passing
           of
           a
           Bill
           is
           but
           the
           granting
           of
           a
           Request
           ;
           the
           Two
           Houses
           make
           the
           Bill
           't
           is
           true
           ,
           but
           the
           King
           makes
           the
           Law
           ,
           and
           't
           is
           the
           Stamp
           ,
           and
           not
           the
           Matter
           ,
           that
           makes
           it
           Currant
           .
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A29939-e160
           
             Lib.
             1.
             c.
             8.
             num
             .
             2.
             
          
           
             Co.
             Lib.
             7.
             
          
           
             Nevic's
             Case
             ,
             Co.
             2.
             
          
           
             ●●st
             .
             5.
             6.
             
             Co.
             
          
           
             Lib.
             12.
             
          
           
             Eral
             of
             Shrowsburies
             Case
             .
             Ob.
             
          
           
             Sol.
             Lib.
             1.
             c.
             8.
             
             Num.
             5.
             
          
           
             Pares
             Regni
             ,
             non
             Regis
             
          
           
             a
             That
             the
             King
             with
             the
             Prelates
             and
             Peers
             ,
             were
             heretofore
             the
             Common
             Council
             of
             the
             Realm
             (
             and
             consequently
             the
             Commons
             were
             no
             part
             of
             the
             Court
             of
             Parliament
             in
             Ages
             past
             )
             may
             be
             evidenced
             by
             these
             Authorities
             ;
             Cambden
             in
             his
             Britannia
             sayes
             ,
             that
             in
             the
             time
             of
             the
             Saxon
             Kings
             ,
             and
             the
             ensuing
             Ages
             ,
             the
             Great
             and
             Common
             Council
             of
             the
             Land
             ,
             was
             
               Praesentia
               Regis
               Praelatorum
               ,
               Procerumque
               Collectorum
               .
               Selden
            
             tells
             us
             out
             of
             an
             Old
             Cronicle
             of
             the
             Church
             of
             Lichfield
             ,
             that
             King
             Edward
             by
             Advice
             of
             his
             Barons
             revived
             a
             Law
             which
             had
             lain
             dormant
             Sixty
             seven
             years
             .
             And
             in
             the
             same
             Chronicle
             it
             is
             said
             ,
             that
             William
             the
             Conquerour
             held
             a
             Council
             of
             his
             Barons
             ,
             
               Anno
               4.
               
               Regni
               sui
               apud
               Londinias
               ,
            
             the
             next
             year
             Conquerour
             had
             a
             Council
             of
             Earles
             and
             Barons
             at
             
               Pivenden
               Heath
            
             to
             decide
             the
             great
             Controversie
             between
             Lanfrank
             Arch-bishop
             of
             Canterbury
             and
             Odo
             Earl
             of
             Kent
             .
             King
             John
             in
             the
             first
             year
             of
             his
             Reign
             ,
             Summoned
             h●s
             Magnates
             ,
             his
             Great
             M●n
             to
             a
             Parliament
             at
             Wiston
             ,
             and
             the
             words
             of
             the
             Roll
             are
             
               Commune
               Concilium
               Baronum
            
             ,
             the
             Common
             Council
             of
             my
             Barons
             at
             Winchester
             .
          
           
             Co.
             4.
             
             Inst
             .
             f.
             237.
             
          
           
             3.
             
             K.
             1.
             
             ●
             .
             50.
             
          
           
             Suarez
             .
             de
             Legibus
             Lib.
             2.
             num
             .
             12.