upon Male Administration, forfeits for the jame Fats that Regard England bis Right to Ireland also, I conclude no more than an Ele&tor: of Brunswick, upon supposition of Male Administration in the Empire can le affected by any Imperial Edi&t in his Pretenfions to England.

Al that I have said aniounts to this, the King has evidently the Supream Power, because all Conquests by English Arms become immediately his Property.

'Tis strange to me that the Senate in England shou'd be the Supream Power, and nevertheless there shou'd be no Marks left of any Homagë ever paid to 'em, and that the King Mord Exercise, Uncontrould, and U3interrupted, the full powers of Receiving and Transferring Homage at his Pleasure. As the Empress Maud, without regard to Stephens's Pofession, or to the Rights, or preo tended 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 Fædera, Vol. 1. p.

8. From which Confideration arises another Quere, viz. If a King of England fhou'd, upon Male Administration, Cease to be King, as he must consequently, 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 anseerd in


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[x] the Negative, I conclude, that it matust be from one of these two Reasons, he either is incapable of having any Property, or tho he is not incapable of having Property; nevertheless, what he Enjoys has not the good for-. tune to be his own and he is no more than a Servant put in Trus with Goods, to which he has no Right, otherwise than us by the sufferance of his Masiers he can make Use thereof.

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

But if he is capable of Property, we must distinguish in his behalf, thosé Goods which are his proper Own, and those which belong to the States, if he Looses the latter; neither the Law of God or Man justifies taking from him the former.

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

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


Hies from Justice, and refuses to appear after proper Summons.

But alas, these are meer Suppositions, that have no Foundation but the Air ; our Kings are so far from being incapable of Property, that all Property of the Subje&t is deriv'd from Them; as Sir Robert Filmer obferves, from a Speech Serjant Heall made in Parliament, 43d, Eliz. He marvaild the House stood either at the Granting of a Subsidy or time of Payment, when all we have iš 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 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 observe, this was Spoke in Parliament to the Representatives of the People in Opposition to them, and he was not Questiond or Celld upon by the House 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 premise these Things only to let the Reader jee what Injustice our Kings often Suffer, when they are driven into Exile or Depos’d.


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They are Punish?d without Trial, Condemnd, Unheard, and are Robd even of the Privileges of the Meanest Subject without Redress.

I may also venture to say, that Englishmen are sometimes too precipitant in their Proceedings against their Monarchs, whose Faults have not been so obvious to every understanding, as to seen to merit such Usage, Richard 2d's Fate, and Edward the 2d's, makes but a dark figure in our History, and so nzuch the worse, because the Laws of Nature were Violated, and the nearest in Blood were calld in to finish the Works of Horror.

But to return, I have one 'Point to infift up on, which is, that an English King cannot be subject to the Parliament abstractedly confider'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 Consult the Civilians what Jus Hæreditarium means, we Mall find it is Sucçeslio in omnia jura Defun&ti, and there are two ways of obtaining this Right, viz. either by Testament or without, as for Instance, James 2d was Hæres Intestatus to Charles the Second, because tho? he was not made so by Will, yet as Custom had ever made without a manifest Will to the contrary, the nearest in


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Blood the Succeeding King; James, as such had an Indisputable

Right thereto.
But tho? Henry 2d, during Stephen's Life,
had a more clear Title to the Crown than
that Usurper; nevertheless, to accommodate
the Dispute between both Parties, an Agree-
ment was made, and without any Inter-
vention of a Parliament, Stephen appointed
Henry 2d to Succeed him in this Man-

Sciatis quod ego Rex Stephanus Henricum
Ducem Normanniæ poft me Successorem
Regni Anglia & Hæredem meum jure Hære-
ditario Conftitui & su ei & Hæredibus suis
Regnum Angliæ Donavi & Confirmavi.
Know ye, That I King Stephen have Ap.

pointed Henry Duke of Normandy, my Suc-
cesor 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 Fædera. .
Tom. I. p. 13.

I conclude from hence, That the Crown of England was at that time Hereditary, and if we Prosecute our former definition of Hereditary Right, we Mall gain no trifling Argument to Support our Quefiion. If Stephen had not the Sole Property of the Kingdom of England, he cou'd not Confiitute Henry his Heir and Succeffor, to that Crown, for Stephen's suppos’d Right must be either Temporary, Successive, or none at all


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