upon Male Administration, forfeits for the fame Facts that Regard England his Right to Ireland alfo, I conclude no more than an Elector of Brunswick, upon fuppofition of Male Adminiftration in the Empire can be affected by any Imperial Edict in his Pretenfions to England.

All that I have faid amounts to this, the King has evidently the Supream Power, becaufe all Conquefts by English Arms become immediately his Property.

'Tis ftrange to me that the Senate in England fhou'd be the Supream Power, and nevertheless there fhou'd be no Marks left of any Homage ever paid to 'em, and that the King fhou'd Exercife, Uncontroul'd, and Uninterrupted, the full Powers of Receiving and Transferring Homage at his Pleasure. As the Empress Maud, without regard to Stephens's Poffeffion, or to the Rights, or pretended Rights of the States, made Milo Count of Hereford, and gave from her Self and her Heirs the Service of Robert de Chamados, &c. for ever, as may be seen in Rymer's Fœdera, Vol. 1. p. 8.

From which Confideration arifes another Quere, viz. If a King of England fhou'd, upon Male Adminiftration, Ceafe to be King, as he must confequently commence a Subject, he has the Right to be Try'd and Convicted before he can Forfeit his private Goods and Chattels. If I am anfwer'd in

the

the Negative, I conclude, that it must be from one of these two Reasons, he either is incapable of having any Property, or tho' he is not incapable of having Property; neverthelefs, what he Enjoys has not the good For-. tune to be his own? and he is no more than a Servant put in Truft with Goods, to which he has no Right, otherwife than as by the fufferance of his Mafters he can make Ufe thereof.

If we grant the firft, That the King is not capable of Property, he is in a worse Condition than any Subject in the King

dom.

"

But if he is capable of Property, we must diftinguish in his behalf, thofe Goods which are his proper Own, and thofe which belong to the States, if he Loofes the latter; neither the Law of God or Man juftifies taking from him the former.

If his Farms, Rents, and Crown-Lands do belong to the States, he has for at leaft, one Thousands Years, been very Bufy in giving away what was not his own, Alienations and Donations of the fame were never Question'd, nor is there a Whig in this Kingdom who Enjoys fuch Lands with any fcruple about the Title.

I conclude from hence,that an exil'd Monarch has at leaft a Right to his Bed, and to the Neceffaries of Life to be fent after, unless he

flies

flies from Fuftice, and refuses to appear after proper Summons.

But alas, these are meer Suppofitions, that have no Foundation but the Air; our Kings are fo far from being incapable of Property, that all Property of the Subject is deriv'd from Them; as Sir Robert Filmer obferves, from a Speech Serjant Heall made in Parliament, 43d, Eliz. He marvail'd the Houfe ftood either at the Granting of a Subfidy or time of Payment, when all we have is her Majesties, and she may Lawfully at her Pleasure take it from us; and that fhe had as much Right to all our Lands and Goods, as to any Revenue of the Crown, and he said he cou'd prove it by Precedents in the time of Henry 3d, King John, and King Stephen. See the Freeholders Grand Inqueft, p. 85.

We must obferve, this was Spoke in Parliament to the Representatives of the People in Oppofition to them, and he was not Question'd or Call'd upon by the Houfe to Explain upon that Subject, which was a Tacit Acknowledgement of the Truth of what he there Deliver'd.

You will also find in the Body of this Book, Proofs that the first Kings had all the Lands of England in their own Property.

I premife thefe Things only to let the Reader fee what Injustice our Kings often Suffer, when they are driven into Exile or Depos'd. The

a 2

They are Punish'd without Trial, Condemn'd, Unbear'd, and are Rob'd even of the Privileges of the Meanest Subject without Redrefs.

.

I may also venture to fay, that Englishmen are fometimes too precipitant in their Proceedings against their Monarchs, whose Faults have not been fo obvious to every understanding, as to feem to merit fuch Ufage, Richard 2d's Fate, and Edward the 2d's, makes but a dark figure in our Hiftory, and fo much the worfe, because the Laws of Nature were Violated, and the nearest in Blood were call'd in to finish the Works of Horror.

But to return, I have one Point to insist upon, which is, that an English King cannot be Subject to the Parliament abftractedly confi der'd, as an House of Lords and Commons, because he receives not his Power from them alone, but Succeeds to the Crown Jure Hæreditario.

If we Confult the Civilians what Jus Hæreditarium means, we shall find it is Succeffio in omnia jura Defuncti, and there are two ways of obtaining this Right, viz. ei ther by Teftament or without, as for Inftance, James 2d was Hæres Inteftatus to Charles the Second, becaufe tho he was not made fo by Will, yet as Cuftom had ever made without a manifeft Will to the contrary, the nearest in

Blood

Blood the Succeeding King, James, as fuch bad an Indifputable Right thereto.

But tho' Henry 2d, during Stephen's Life, had a more clear Title to the Crown than that Ufurper; nevertheless, to accommodate the Dispute between both Parties, an Agreement was made, and without any Intervention of a Parliament, Stephen appointed Henry 2d to Succeed him in this Man

ner.

Sciatis quod ego Rex Stephanus Henricum Ducem Normanniæ poft me Succefforem Regni Anglia & Hæredem meum jure Hæreditario Conftitui & fu ei & Hæredibus fuis Regnum Angliæ Donavi & Confirmavi.

Know ye, That I King Stephen have Ap. pointed Henry Duke of Normandy, my Succeffor to the Kingdom of England, and my Heir by Hereditary Right, and thus I have Confirm'd to him and to his Heirs the Kingdom of England. See Rymer's Fœdera. Tom. I. p. 13.

I conclude from hence, That the Crown of England was at that time Hereditary, and if we Profecute our former definition of Hereditary Right, we shall gain no trifling Argument to Support our Question. If Stephen had not the Sole Property of the Kingdom of England, he cou'd not Conftitute Henry his Heir and Succeffor, to that Crown, for Stephen's fuppos'd Right must be either Temporary, Succeffive, or none at all;

if