which these Acts disable the King who is so farre inferior to the Law that he cannot so much as delay the smallest proceedings of it in any Court or Session by his supreame power by any meanes whatsoever to effect in his meanest Courts much lesse then in the greatest from whence the subvertion of Lawes Libertie Iustice and the whole Realme would ensue If any therefore cavill at the All for the continuance of this Parliament till both houses shall agree to adjourne or dissolve it or at the Bill for Trienniall Parliaments which when they meete shall not be dissolved without their consents for 40. dayes space next after their first meeting Let them now learne that this is no Innovation nor encroachment on the Crowne but an ancient Priviledge of Parliament both claimed practised and resolved in times of Popery in an higher degree then now it is And thus you see how in these particulars the Popish Parliaments Prelates Lords and Commons in former times have claimed and exercised far greater Priviledges and Iurisdictions then this or any other Pâ—orestant Parliament hath hitherto claimed or practised which I hope will for ever silence the clamourous tongues of all ill Counsellors Courtiers Royalists Malignants Papists and Cavaliers against the present Parliament of whose highest yeâ— moderate proceedâ—ngs themselves alone have beene the occasions and therefore of all others have least cause to complaine against them But to returne againe to the first grand Objection Thirdly I answer that the High Court of Parliament and whole kingdome which it represents may in divers respects be truely and properly 3. The Parliament and kingdome proved to be above the king sayd to be the Highest Soveraigne power of all others and above the King himselfe which because it may â—eeme a dangerous paradox and tends much to the vindication both of the Priviledges Honour and â—urisdictions of our High Court of Parliament now so much undervalued because not really knowne to most and to the justification of the proceedings in this present Parliament which many out of ignorance and malice so much declaime against both by Word and writing in a most licentious manner I shall take a little liberty to demonstrate the truth of it by such convincing reasons of Authorities as no rationall man I hope shall be able to contradict but must necessarily submit to First it is undeniable that See Cromptons jurisdiction of Courts Title Parliament Brooke Title Parliament Holinsh Description of England c. 8. p. 173. Chron. of Ireland p. 120 to 130. Sir Th. Smiths CoÌ„mon-wealth of England l. 2. c. 1. 2. 3. Cowel and Minshew Tit. Parliament Camdens Brit. p. 177. the Court of Parliament hath a lawfull power to question all the Kings Paâ—ents Charters Commissions Proclamations Grants Warrants Writs and Commitments whatsoever whether they be Legall yea to cancell or repeale them in case they be illegall mischeivous or onerous to the Subject not onely without but against the Kings consent and mandate to the contrary as appeares by infinite presidents in this and all former Parliaments the scourges of Monopolists Patentees and Projectors the Pests of the Commonwealth The like power have all other Courts of Iustice within the Kingdome in some degree when such Charters and Writs of the King are brought judicially before them because they are Courts of the Law to which the King and all his Actions are and must be subject Now that which can thus question cancell disanull revoke the Kings owne royall Charters Writs Commissions Patents c. though ratified with the great seale and regall power even against his will must certainely be a Soveraigne power and Authority which in point of Law and Iustice is fuâ—eriour to the King This is Bractons resolution l. 2. c. 16. f 34 a and Fletaes l. 1. c. 17. Where â—hey affirme the Law and Parliament to be above the King because they may censure judge and rescinde the Kings Acts and Charters legally and judicially even against his personall though not legall Will which â—s the Law Secondly It is unquestionably true that in all cases of difference betweene the King and all or any of his Subjects though they concerne the Kings Prerogative and the highest branches thereof the Parliament is the supremest and most proper judge and its resolution from which there is no appeale â—o any higher tribunall shall finally binde not onely all the subjects but the King himselfe notwithstanding his owne personall disassent This is manifest by the many late resolutions given in Parliament against sundry Patents Commissions Writs Charters Impositions Loanes Shipmoney i See 21. Iacob c. 3. Co. l. 8. f. 125. to 130. l. 10. f. 113. l. 11. f. 84. to 89. Fitz Brooke and Ash Tit. Charters Grant le Roy Comissions Habeas Corpus Bayle and the Iudges arguments against Ship-money Forrest-Bounds Marshall Law Pressing and â—illetting souldiers Imprisonment by speciall Command of the King or his Privie Counsell Tonnage and Poundage Knighthood and Taxes The Commission of Array and â—he like which obliege both King and Subject the King in receiving justice in such cases being subject â—o the Law as well as the meanest of his subjects as k Rex in justitia reâ— pienda minimo de â—egno suo comparatur minimus esse debet vel quaâ—i in judicio suscipiendo Bracton l. 1. c. 8. f. 5. b. l. 3 c 9. f. 107. Bracton truely avers against all Royalists mistakes Now that which can thus finally conclude and binde the King himselfe even volens nolens â—n cases of highest concernment entrenching farthest upon his Prerogative Royall must doubtlesse â—e the most Soveraigne power Superiour to the Kings And in this sence every Court of Justice whose just resolutions and every petty Jury whose upright verdicts obliege the King because warâ—anted by the Law which is paramont the King as Bracton m Lib. 1. c. 5. 17. Fleta n Cap. 9. to 15. Fortescus o Speech in Parliament 1609 King Iames p In his â—awes in Fox Acts Mon. Edit vol 1. p. 214. Edward the Confâ—ssor yea and q Aristotle resolve may be truely sayd to be above the Kings â—erson which they binde but not above the Parliament which by its suparlative power may examine â—ll Å¿ 1 H. 7. 1. Br. parliament 92. Ash tab 65. 67. judgements and verdicts in other Courts by way of error or appeale and reverse them if there be â—â—use when as the King in person cannot by law examine or reverse them but onely in his Courts â—f Iustice by his Iudges Thirdly Parliaments oft times doe and may as they see cause enlarge the Kings Prerogative and Royall â—ower in sundry particulars in which the King had no such jurisdiction before these Acts witnesse the â—tatute de Praerogativa Regis 25. H. 8. c. 19. 20 21. 26. H. 8. c. 1. 3. 31. H. 8. c. 8. 9. 34. 35. H. â— c. 23. 27 H. 8. c. 15. 28. H. 8. c.
Historians and Henâ—y the fourth elected and created King in his stead In both which depositions the Popish Prelares were chiefe 〈…〉 ctors Å¿ Speed p. 869. 878. 879. 887. Holingshead Polychronicon Fabian Grafton Hall Stow Caxton in their lives Anno 1462. King Henry the sixt Queen Margaret and Prince Edward their Sonne were by a Popish Parliament disinherited of their right to the Crowne and Edward the fourth made King after which King Henry was by another Parliament recrowned and reestablished in his Kingdome and Edward the fourth declared 〈…〉 Traytor and usurper of the Crowne And not long after Edward taking King Henry prisoner and causing him to be murdered in the Tower another Popish Parliament Anno 1472. abrogated King Henries Lawes and â—eestablished King Edward All this have our Popish Parliaments Prelates Lords and Commons formerly done and that rightly and legally as they then supposed which far transcends the highest stâ—aines of pretended inâ—roachments on his Majesties royalties by the present Parliament which detests such presidents Secondly our Popish Parliaments Pecres and Prelates have oft translated the Crowne from the right heires â—nd setled it on others who had no lawfull right or title to it electing and acknowledging them for their oneâ—y Soveraigne Lords in which actions the Popish Prelates and Clergy were commonly the Ring-leaders witnesse their t Speed p. 410. 411. 425 426. 404. to 407. 410. 416. 418. 419. 455 456. 466 467. 548 549. 550. 590. 591. See Matthew Paris Matth. Westminster Malmesbury Hunting don Eadmerus 〈…〉 bian Walsingham Caxton Polychronicon Polydoâ— Virgil Hall Grâ—â—tâ—n Stow How Hollinshead Haywarâ— Mâ—â—tin Daniel and Sir 〈…〉 their severall lives of these Kings electing and crowning of Edward who was illegitimate and putting by Ethelred the right heire after â—dgars decease An. 975. The electing and Crowning Canutus King a meere forrainer in opposition to Edmund â—he right heire to King Ethelred An. 1016. Of Harold and Hardiknute both elected and crowned Kings successiveâ—y without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned and tortuâ—ed to death An. 1036. and 1040. yet after Hardiknutes decease Edward surnamed the Confessor was chosen King by consent of Parliament And the English Nobilitie upon the death of King Harold enacted That none â—f the Danish blood should any more reigne over them After this Kings death Edgar Etheling who had best title was rejected and Harold elected and crowned King so after William the Conquerors decease Anno 1087. Robert â—he elder brother was pretermitted and William Rufus the younger brother crowned and established in the Throne After whose death Henry the first his younger brother though not next heire was elected King â—y the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their â—wne liking upon faire promises for resorming bad and rigorous Lawes remission of Taxes exacted on the Subjects and â—unishment of the chiefe causers of them and a solemne oath to frame good Lawes and ratifie Saint Edwards Lawes â—ll which he really performed So after the death of Richard the first John Earle of Morton was elected and crowned King and his Nephew Arthur the right heire disinherited And he dying his sonne Henry the third was â—lected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in â—he case of King Henry the fourth King Edward the fourth and Richard the third made Kings by Acts of Parâ—â—ament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles â—y way of usurpation and the right hereditary line put by Such a transcendent power and â—urisdiction as this 〈…〉 disinherite the right heire and transferre the Crowne to whom they throught meerest neither the present nor â—ny other Protestant Parliament Peeres or Subjects ever claymed or exercised though Popish Parliaments â—relates Lords and Commons have thus frequently done it of which you may reade more in 25. H. 8. c. 22. 26. 〈…〉 8. c. 12. 28. H. 8. c. 7. 35. H. 8. c. 5. Thirdly the Lords and Commons in times of Popery have sent our writs and summoned a Parliament in the Kings name and forced the King to call a Parliament without and against his full consent Thus they summoned and held a Parliament in Ireland Anno 1341 refusing to come to a Parliament there summoned by the Kings officers and authority as the u In Camdens Britania English p. 188. Irish Annalls doe more at large record Thus they x Walsingham Hist. Ang. p. 107. 398. Speed p. 681. 757. summoned and held two Parliaments here in England to depose King Edward the second and King Richard the second without these Kings consents and by two severall Acts of Parliament 4. E 3. c. 4. and 36. E. 3. c. 10. enacted That for the maintenance of the Lawes and Statutes and redresse of divers mischiefes and grievances which daily happeâ—eth a Parliament shall be holden every yeare once and more often if need be whereas this Parliament was 〈…〉 called but by the Kings owne free consent and hath moderated these former Acts by changing the annuall into 〈…〉 triennuall Parliament by a speciall Bill to which his Majestie gave his full and free assent y Myrror c. 1. sect 3. p. 10. Co. instit on Littleton f. 110. Spelman Concil p. 347. Long before which Acts King Alfred in an assembly of Parliament ordained this for a perpetuall custome that a Parliament should be called together at London twice every yeare or oftner in time of peace to keep the people of God from sinne th 〈…〉 they may live in peace and receive right by certaine usages and holy judgements Fourthly Our Popish Barons Prelates and Commons have refused to meet in Parliament when the King ha 〈…〉 summoned them by his writ z Matth. Paris An. 1233. p. 344 473 c. Speedes Hi. p. 607. to 613. Anno Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Oxford where the King now resides but they all joyntly sent him an expresse messag 〈…〉 that they would not come upon his summons for that the Kings person went guarded with Poictovines othe 〈…〉 strangers who swayed and miscounselled him as ill Counsellors doe now the King so as they could no 〈…〉 there appeare with safety at which message the King grew very angry resolving that they should bee on 〈…〉 twice and thrice summoned to appeare Whereupon Roger Bacon who usually preached before the King freely told him That if he did not remove from him Peter Bishop of Winchester and Peter de Rivallis his malign 〈…〉 Counsellors he could never be quiet And Roger Bacon a Clergy man also of a pleasant wit seconding Robert advise told the King that Peirae and Rupes were most dangerous things at Sea alluding to the Bishops name Petrus de Rupibus The King hereupon comming a little to himselfe and taking that
and strength of the kingdome in their hands which they insolently abused to the great hazard â—f the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we 〈…〉 King speake these things faithfully unto you in the presence of God and man and doe counsell beseech and admâ—nish â—ou to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faithâ—ull and sworne children thereof To which the King in briefe answered That he could not suddainely put off hâ—â— Councell and therefore prayed a short respite Nothing â—ad hither to preserved the King more Then that he could â—ithout griefe forgoâ— any favorities if he were nearely pressed the contrary quality whereof hath beene the cause of â—iâ—all desolation to so many Princes For though choyce of Counsellours ought to be free yet by common inâ—endment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love â—f a whole Nation rather then to relinquish or diminish a particular dependance for which the publique must not be â—azarded nor subverted The King therefore in this point not infortunate commands Bishop Peter from his Court to keepe residence at his Cure without once medling in State affaires removes all his evill Counsellors derives them of their Offices and puts good men in their places and commands all Poictovians and Foraine forces to deâ—art the Realme receives all his Nobles into favour restoring them to their lost Offices Lands Castles admits them 〈…〉 to his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And â—r Peter Rivales his Treasurer he was so vehemently incâ—nsed against him for his ill Counsell that he sware 〈…〉 would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster 〈…〉 e King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye â—ake thus to him O ihou Traytor by thy wicked advise I was drawne to set my Seale to those treacherous Letters â—r the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Coun 〈…〉 ll I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy com 〈…〉 lices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which â—nâ—rprise I wasted my Treasâ—re and lost many worthy persons together with much of my Royall respect Therefore I 〈…〉 act of thee an account and thou shall be carryed to the Tower of London to deliberate till I am satisfied And 〈…〉 us were these civill warres and differences reconciled ill Counsellors removed enormities reformed De 〈…〉 nquents punished not without reducing store of coyne to the King and peace established in the Kingâ—ome Which History I have more largely recited because most of its passages are Paralell to the Kings 〈…〉 d his evill Counsellors present proccedings on the one hand and to the Parliaments in some sort on the o 〈…〉 er hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour of 〈…〉 ill Councellours and Cavalieres the just punishment of Delinquents all good Subjects joy and contentâ—ent and the reestablishment of our peace in truth and righteousnesse To end the point proposed * Walsingh Histâ— p. 84. 44. Ypod. Neust p. 101 Anno Dom. 1315. King Edward the second by his Writ summoned a Par 〈…〉 ment at London But many of the Lords refused to come pretending causes and impediments by which their ab 〈…〉 nce might well be excused and so this Parliament tooke no effect and nothing was done therein In this Parti 〈…〉 lar then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parliaâ—ent Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wills Thus the Barons Prelates aâ—d Commons by open warre and Armes enforced both a Mat. Pa. An. 1214 1215. p. 240 to 256. Mat. West Walsingham Ypodig Neu. An. 1214 1215 Fabi. Caxton Hol. Graf Daniel in the life of K. John Hen. 3. Sp. Hist p. 578. to 637. King John and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking â— solemne Oath one after another at Saint Edmonds upon the High Altar An. 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves froâ— their Allegiance to him untill he should confirme to them by a Charter ratified with his Seale all things which thâ—â— required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleevâ—â— he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforceâ— King b Matth. Par. p. 252. Sp. Holinsh accordingly John thus to ratifie these Charters for the better maintenance of them they elected 25. Barons â—â— be the Conservators of their Priviledges who by the Kings appointment though much against his liking â— afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe thesâ— Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obeâ— the commands of the 25. Barons After this c Matth. Paris An. 1258. p. 9. 940 941. Matth. West 1258. Sp. p. 635. Hol. Graft Dani. Polychron An. Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lord came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres aâ—â— the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea Ports â—â— be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof weâ—â— these That the King should firmely keepe and conserve the Charter and Liberties of England which King John â— Father made granted and ratified with an Oath and which himselfe had so often granted and sworne to maintaiâ— inviolable and caused all the infringers ofit to be horribly excommunicated by all the Bishops of England in hâ— owne
1. c. 2. 19. H. 6. 63 a. 64. b. 31. H. 8. c. 10. Dyer 60 a. Cookes Institutes on Littleton f. 109. 110. Writers resolve is the most high and abâ—olute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and amorg other Priviledges this is the highest that it is above the Law â—t selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and â—udgements whatsoever of the King or any other Courts of Iustice if they be erronious or illegall not onely without but against the Kings personall consent so far as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realm â—ested in his person that he t Fortescue c. 10. to 1â— Bracton l. 1. c. 8. l 3. c 9. Fleta l 1 c. 5. 17. Brooke Patents 25. 41. 12. 51. 53. 69 73. 100 Prerogative 15. 103. Commissions 15. 16. See Iudge Crooks and Iudge Huttons Arguments against Ship-money Petition of Right 3. Carol. Br. Parliament 42. and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power altar the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever norimpose the least taxe or common charge upon his people nor imprison their persons distraine s Sir Thomaâ— Smith of the Common-wealth of England l. â— c. 1. 2. Holinshed Description of England c. 8. p. 173. Cambdens Brittania p. 173. Iohn Vowels Order and usage how to keepe a Parliament in Holinsheads Chronicles of Ireland p. 101. to 120. Minshewes Dictionary Tit. Parliament their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potestas sua Juris est non Injuriae Nihil â—liud potest Rexin terris niâ—i ID SOLVM QVOD DE JVRE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King v Of the Common-wealth l. 2. c. 10. p. 159. Iohn Bodin that great Lawyer and Polititian resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes â—o all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince be bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as x l. 2. c. 16. f. 34. a. l. 1. c. 8. f. 5. b. Fleta l. 1. c. 17. Walfingham Hist p. 36 37. 40. Bracton and others forecited say our English King hath namely his Earles and Lords thence-stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or of the people he is then no Soveraigne Whence it followes that the Kings of England who cannot make any Law to obliege either all or any of their Subjects nor impose any * Taxes nor repeale any Common or Statute Law but in and by their Parliaments are no absolute Soveraigne Princes as some Royalists and Court Divines most falsly averre them to be but meere mixt Soveraignes inferiour to their Lawes and Parliaments the â—ole Law-makers and Law-alterers though not against but with the Kings assents considered not abstractively as Kings but copulative as a branch and member of the Parliament And indeede to speake impartially though the kings Royall assent y See Sir Thomas Smiths Common wealth of England l. z. c. 1. 2. 3. Holinshed Description of England c. 8. p. 173. Chronicles of Ireland p. 101. 102. M. Hackwels manner of passing B 〈…〉 Sect. 8. p. 74. Brooke Parliament 4. 107. 33. H. 6. 33. 33 H. 8. c. 21. Cromptons Iurisdiction f. 7. b. Br. Parliament 26. 39. 40 41. be generally requisite to passe and ratifie Lawes yet I humbly conceive that the originall prime Legislative power of making Lawes to binde the Subjects and their Posteritie rests not in the kings owne royall person but in the Kingdome and Parliament which represents it For first admit the king should propound any Lawes to his people as kings and Lawgivers usually did at first yet these Lawes would no wayes obliege them unlesse they voluntarily consented and submitted to them in Parliament and the sole reason why our Acts of Parliament binde the Subjects in former times and at this day is not because the king willed them z 4. H. 7. 18. 7. H. 7 14. 11. H. 7. 27. 33. H 6. 17. Bro. Parliament 4. 40. 76. 107. Cromptons Iurisdiction f. 8. but because the people gave their a Bro. Ancient Demesne 2â— 10. H. 7. 20. a. 33. H. 8. c. 17. generall consents unto them in Parliament as Sir Thomas Smith in his Common-wealth of England Holinshed the Prologues to most Ancient Statutes the King by the advise and assent of the Lords Spirituall and Temporall and Commons and at the speciall request of the Commons in Parliament assembled and by THE * See 2. 7. 8. 12. 14. 17. 4. H. 7. AUTHORITY OF THE SAME PARLIAMENT doth grant and ordaine c and all our Law-bookes resolve and that upon this received Maxi ne of Law Quod tangit omnes ab omnibus debet approbari The king doth but like the Minister in Marriage declare it to be a Law but t is the parties consents which makes the marriage and the people onely that makes it â— Law to binde them whence those in a Cook 7. â—â—luins case 7. H. 6. 35. b. Dyer 373. Br. Parliament 98. Scotland Ireland Man Garnsey â—â—â— Jerâ—â—e are not bound by our English Statutes nor we by theirs nor tenants in Ancient demesne because they consented not to them Therefore the chiefe Legislative power is in the people and both Houses oâ— Parliament not in the king as it was in the Roman State Where the b Livy Hist â— 1. 2. Bodin Common-wealth â— 1 c. 10. people had the Soâ—eraigne Iurisdiction of making and confirming Lawes to binde them not their Kings Emperours oâ— Senate as I shall hereafter manifest Secondly this appeares by the case of c Fiz Assise 413. Avowry 74. Praescriâ—â—ion 67. Broo Custome 31. Co. 5. Rep. f. 63. 64. 67. 68 Kitâ—chin 45. 73 â—0 Customes and By-Lawes in Corporations and Manoâ—â—s which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of
their mutuall assents alone and as these private By-â—awes obligâ— all those who consent to them by reason of their owne free assents onely so doe all publike Acts of Parliaments obliâ—ge all Subjects onely because of their generall assents to them in their Knights Citizenâ— and Burgesses elected by and d See â— â—ac c. 1. representing their persons Thirdly all e 33. H. 6. 17. Br. Parli 4. M. Hackwell of Pasâ—â—ng Bills Cromp. Iuris â— 8. Chron. of Ireland f. 127. â—â—â— 30. Acts of Parliament are usually made framed altered thrice read engrossed voted and fully agreed upon in both Houses without the Kings personall knowledge or privity for the most part before they come to have his royall assent And when they are thus agreed on by both Houses the king cannot alter any one word or letter in them as the Houses may doe but must either absolutely assent to or consider further of them as the Houses tender them And if the king send any Bill he desires to have passe it must be thrice read and assented to in both houses which have power to reject aâ—ter enlarge or limit it as they thinke meete else it can be no Act at all Aâ— cleare demonstration that the chiefe power of enacting and making Lawes is onely in the people Commons and Peeres not the king who by his Writ doth purposely sommon them to meete anâ— enact Lawes as the chiefe Legislators witnesse this notable clause in the y Cromp. Iuris of Courts f. 1. 2. and at the end of the Manner of â—olding Parliaments in England Writ for the Election of Knights Burgesses Ita quod iidem Milites plenam safficientem â—oteâ—â—atem pro S E COMMVNITATE Comitatus praedicti dicti Cives Burgenses prâ— se COMMVNITATâ— Civitatum Burgorum praedictorum divisim ab iâ—sis babeant AD FACIENDVM Eâ— CONSENTIENDVM HIS quae â—â—ne ibidem DE COMMVNI CONSILIO DICTI REGNâ— not Regis nostri contigerint ORDINARI super negotâ—â—s antedictis Ita quod PRO DEFECTâ— POTEST ATâ—S HVâ—VSMODI c. dicta negotia INFECTA NON REMANEANT quovâ— modo answerable to which is that clause in * Pope Elutherius his Epistle to our first Christian king Lucius about An. 185. Exillis Deigratia PER CONSILIVM REGNI VESTRI SVME LEGEMâ— per illam Dâ—i potentia vestrum reges Britaniae regnum Fourthly all publicke Acts are the whole Kingdomes Lawes made principally and solely foâ— the subjects benefit if good their prejudice if ill therefore the whole kingdome represented iâ— and by both Houses not the king knowing much better what is good or bad for themselves theâ— the king alone it is z See â—â—tv before just and reasonable that they and not the king should be the principalâ— Law-makers to binde or buâ—then themselves with any new Lawes penalties or restraints Fifthly it is cleare that all Acts which give any Subsidie Tax Penalties or forfaitures to the king are made onely by the people in Parliament and not principally by the king since the king cannoâ— be sayd in any propriety to give any thing to himselfe This is undeniable by the forme of penning all subsidie Bills granted by the Commons or Clergie Your Commons assembled in your Higâ— Court of Parliament c. humbly present your Majestie with the free and cheerefull gift of two intire sâ—bsidies which we humbly beseech your Majestâ—e graciously to accept c. Your Majesties faithfull subjects the Prelats and Clergie c. with one agreement and uniforme consent have given and granted and by these presents doe give and grant to your Highnesse c. foure intire Subsidies in manner and forme as followeth And by the kings assent to these Bills a Hackwâ—ls passing of Biâ—s sect 8 p. 78 Le Roy remercy ses Loaulz subjects accept LOVR BENEVOLENCE c. the Commons having the sole power to grant or deny b See Rostal Taxes and Tenthes The Acts of Subsiâ—ies 21. Iac â—â—is present Parliament Speed p. 745. Subsidies and Taâ—es when they see cause and to limit the proportion of them the manner and time of paying them and to order how and by whom they shall be received and imployed aâ— all Acts of this Nature â—anifest If then they be the chiefe Law-makers in these Acts which layâ— any imposition â—pon the Subjects goods or restraint on his person then by like â—eason in all other penall publik Lawes Sixâ—ly All Acts of Paâ—liaments made in the raignes of â—surpers who have no Title to the â—rown nor right to assent to Lawes are c See 1. E. 4. c 6. 4. E. 4. 10 9. E 4. 1. 2. â—r Charters dâ—â—ardon 22. 13. Eliâ— c. â— firme and good in Law and shall binde the right heires to the Crowne as iâ— evident by the Lawes made by king John Henry the 4. 5. 6. reputed usurpeâ—s by Edward the 4. and Richard the third acknowledged an usurper whose Lawes are yet in force The reason is as is cleare by 1. E. 4. c 6. because the Lawes and all other Iudiciall Acts in Courtâ— of Iustice are the Acts of the Parliament and Courts themselves which are lawfull not of the king who is unlawfull Therefore certainely the Legislative power is more in the Parliament thenin the king if not wholly in it there being Lawes and Kingdomes before kings were Seventhly admit the king should dye without heire no doubt the kingdome and Parliament have a just right either to alter the government or dispose of the Crowne to what familie they please as â—he constant practise of all kingdomes in such cases manifests and d The trâ—e difference c. part 3. p 416. Bishop Bilson himselfe assureth us that all Nations once members of the Roman Empire when the right heires failed were suffered to elect their Governours where they pleased as the Romans themselves might doe and no doubt they might make binding publike Lawes during the Inter-regâ—um yea if the king be an infant as Henry the 3. Henry the 6. Edward 3. 5. and Richard 2. with other ouâ— kings were when the Crowne â—escended to them or non Compos Mentis or taken with a dead palsie or Apoplexie or an Ideot by â—irth or Age or a Monkeprofessed as e Fox Actâ— Monument vol. 1. p. 173. Speeds Hist p. 244. some kings have beene or absent in a Pilgrimage to Rome or â—â— voyage to the Holy Land or other remote forraigne Parts by reason of warres as f See Nubrigenfis Speed Holinshead Mat. Westmâ— and others in the lives of R. 1. H. 1. 2. 3â— 4. 5. 6. 8. Ed. 1. 2. 3. 4. divers of our Kings heretofore have beene and so unable personally to consent to lawes no doubt in all such â—ases the right of creating a Protector to executâ— regall power sommon Parliaments assent to Lawes is â—nely in the g Walsingh Hist Angl. A. 1422. p. 458. Speed p. 1108. Grafton p. 496. 447. 648. Fabian p.
470. Hall f. 176. to 183. Hovâ—den Annal. pars posterior p. 702. 703. 705. 706. Parliament which may in these cases make any publike Acts without the kings personall â—resence or assent and the assent of the Regent or Protector usually created by them shall as firmely â—inde the king as if he had personally consented as is evident by all the Acts of Parliament passed â—uring the Minority of h Acts and Monuments Old Edition p. 705. See Holinshead Speed Grafton in their lives Henry the 3. who was but 9. yeares old Edward the 3. who was but 1â— Richard the 2. who was but 11. yeares old Henry the 6. who was not 9. moneths old Edward the 5. â—ut 12. yeares Henry the 8. not 18. yeares Edward the 6. but 9. yeares of age when they began theiâ—â—aignes and so uncapable of giving any personall consent to Lawes by themselves of which they could not Iudge but by their Protectors and by all Acts made in the absence of King i See Hoveden Annal pars posterior â— 702. 703. 705. 706. Richard the â— Edward the 1. 2. 3. 4. Henry the 3. 2 3 4 5 6 and others out of the Realme all good as apâ—eares by 28. H. 8. c. 17. which altered and 33. H. 8 c. 22. which declareth the Law in these particuâ—ars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-â—iver not the king Eightly the king hath little or no hand in making but onely in assenting to Lawes when they are made by the Houses as the usuall forme of passing Acts Le Roy â—e veult The King wills or â—ssents â—o it not before but after they have passed both Houses imports which assent of his if the Bills â—e publike and necessary for the Common good is not meerely arbitrary at the kings will but the king by oath and duty is bound to give it and the Lords and Commons may in justice demand it of meere right as I shall shew anon His Royall assent then though it be the last act which compleats Acts and makes them Lawes yet since it is but an assent to a Law formerly made by both Houses which he cannot alter in any point yea an assent which the king in honour Law justice duty by â—ertue of his â—oronation Oath is bound to give as appeares by the Prefaces of most statutes the staâ—ute of Provisours 25. E. 3. Parl. 6. 20. E. 3. and other Acts is so farre from proving the king the Supreme power and Lawgiver that it manifests the contrary that this power principally resides in â—oth the Houses not the king Ninthly this is apparant by those Coronation Oathes which Parliaments and the kingdome in * See Edward â—he â—onfessors Lawes c. 17. in Laâ—bard and Fox king Edwards dayes even before the Coâ—quest have anciently prescribed to our kings before they would accept of them for their Soveraignes of which I shall give you a short account a Math. Westm An. 1088. Eadmerâ—s Hist l. 1. p. 13. 14. Maâ—â—aris Hist p. 12. 13. Speed Hist p. 456. Graften p. 21. 22. Malmesâ—ury l. 4. p. 119. 120. After the death â—f William the Conquerour William Rufus his younger sonne in the absence of Robert the elder broâ—her hastens into England to obtaine the Crowne and finding the greatest part of the Nobles against him he gave his solemne Oath and faith to Lanfranâ—e Archbishop of Canterbâ—ry his Tutor that â—f they would make choise of him for their king he would abrogate the over-hard Lawes of his father and â—romise to observe justice equitie and mercy throughout the kingdome in every businesse and defend the â—eace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions â—olentibus omnibus Provincialium animis by the voluntary consent and voyces of all he was chosen k Sir Thomas Smiths Common wealth of England l. 2. c. 2. 3. Cromptons Iurisdiction f. 7. â— Iohn Voâ—el Chronicles of Ireland f. 122. to 130. M. Hackwels Manner of passing Bils Sect. 8. and crowned king Which promise and Oath he soone after breaking saying Who is it that can â—â—â—â—ill all his promises Many of the Nobles levyed warre against him adopting Robert his elder Brother king b Mat. Paâ—â—s p. 52. 53. â—4 Eadmerus Hist l. 2 p. 55. Wil. Masmes â— 5. p. 1â—6 H. â—untin l. 7. p. 378. Roger Hoveden Annal pâ—â—s 1. p. 4â—8 Polych â—â— c. 11. Fâ—bian part 7. c. 226. p. 318 Graft p. 32. Speed p. 466. 467. William Rufus dying Henry the 1. his younger brother in the life of Robert the right heire assembling all the Glergie and people together to London to procure their favour and love to chuse him for their king and Patron he promised the reformation of those Lawes by which England had beene oppressed in the raignes of his Father and Brother To which the Clergie and Nobles answered that if he would with a willing minde reforme those rigorous Lawes remit the Taxes imposed upon the Subjects and by his Charter confirme those ancient Lawes and customes which flourished in the kingdome in the time of Holy king Edward they would unanimously consent to him and consecrate him for their king Which he willingly assenting to and affirming with an oath that he would performe he was by the assent both of Clergie and people consecrated king at Westminster promising by oath to confirme king Edwards Lawes and renounce all oppression in pursuance whereof as soone as he was created he by his Chartar confirmed and reformed divers Lawes for the ease and benefit of his Subjects recorded at large by Matthew Paris Speed and otheâ—s The beginning of this Charter is observable Henry by the Grace of God of England c. Know ye that by the mercy of God and COMMON COVNSEL of the Barons of the kingdome of England I am crowneâ— king And because the kingdome was oppressed with unjust exactions â— out of respect to God and the love I beare towards you all make the Church of God free c. and all the evill customeâ— wherewith the kingdome of England was unjustly oppressed I take from thence which evill customes I here in part set downe And in the end of his Charter he confirmed and restored to them king Eâ—wards Lawes with those amendments of them which his father made by the consent of hiâ— Barons After which those Lawes of his were published through all England and Ranulph Bishop of Durham banished the Court and committed to the Tower for his oppression bribery and otheâ— crimes Henry deceasing c Mat. Par Hist p. 73. Malâ—es Novellae Hist l. 1. p. 178. 179. 180 Henry Hunti l. 8 p. 386 387. Hoveden p. 481 482. Mat. West Aâ—. â—â— 36 p 35. Speed p. 483. 484. Graf p â—1 42 Maude the Empresse his right heire to whom the Prelates and Nobleâ— had sworne fealty in her fathers life time was put by the Crowne by the Prelates and Barrons whâ— thought it
had sworne After â—hich he rightly setled the affaires of England by the counsell of his Nobles and then passed over inâ—o Normandy But how ill he kept this his Oath and others of this Nature and how he violated the â—tatutes of Magna Charta and Dâ— Forresta which he had confirmed with his hand seale oath Proâ—amations the Bâ—shops Excommunications and the Popes Bull within three monethâ— after he had on firmed them and procured a dispensation of his oath and abrogation of these Lawes making â—loody warres upon his Barrons and Subjects who confiding to those confirmations and royall proâ—ises expected no such strange performances spoyling robbing and destroying his people every â—here in the selfe-same manner as we now are plundered * See before p. 5. 8. Graf p. 11. Mat. Paris pâ— 243. to 247. worthy reading and consideration the Histories of his life too manifestly â—â— late which oft put his Crowne in danger of utter losâ—e Lewis of France being crowned king by the â—â—rons in his steed who renounced their allegiance to him for his perjuries and breach of faith and â—aking warre upon them John departing this life his sonne Henry being but 9. yeares old was proâ—aimed king through the peâ—swasion of the Earle Marshall and of Pembroke afterwards made his â—rotector who informed the Lords and Commons h Fox Acts Mon. Ed. tâ—lt v. 1. p. 334 Speed p. 591. that though King Iohn for his evill demeanors â—eserved their persecution and lâ—sse of his crowne yet his young child tender in yeares was pure and innoâ—nt from his fathers doings Wherefore â—ith every man is to be charged with the burthen of his owne transâ—ressions neither shall the child as scriptures teach beare the iniquity of his Fathers they oâ—ght of duty â—nd conscience to beare themselves â—ildly towards this tender Prince and take compâ—ssion of his age And â—r as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt â—llistance APPOINT HIM our King and Governour let us renounce from us Lewis the French kings â—onne and suppresse his people which are a confusion and shame to our Nation and the yoakes of their Serâ—itude let â—s cast from our shoulders Vpon which perswasions Henry was presently proclaimed and crowned king at Glocesler And though he were but an infant yet being i Mat. Paris p. 278. 305. set before the High Altar he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques Ioceline Bishop of Bath dictating the Oath That he would beare honour peace and reverence to God to â—â— Church and Priests all the dayes of his life He likewise swore that he would maintaine right Iustice among the people committed to his Charge And that he would blot out ill Lawes and unjust customes if that should be any in the kingdome and observe good ones and cause them to be kept by all men How well â— observed this solemne oath with many others of like nature made to his Lords and Subjects fâ— confirmation of Magna Charta and their Liberties k In his Edition Tiguri 1589. p. 876. 938. 958. 959 960. Mathew Paris will informe us who writâ— that the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prelaâ—â— and Lords knew not how to hold this Proteus the King for where there is no truth there can be no â—ixâ— confidence That thought he sometimes humbled himselfe confessing that he had beene often bewitched â— ill Counsell and promised with a great Oath solemnely taken upon the Altar and coffin of Saint Edwarâ— that he would plainely and fully correct his former Errors and graciously condescend to his naturall Subject good counsell yet his frequent preceding breaches of oathes and promises sepenitus incredibilem reddiderâ—â— made him altogether incredible so that though he usually heard three Mosses every day but seldome aâ— Sermons as l Hist Angl. P. 1. Walsingham notes yet none would afterwards beleeve him but ever feare and suspâ—â— his words and actions and to avoyd the infamie of perjurie which he feared he sent to the â—opeâ— absolve him from those Oathes he repented of who easily granted him an absolution Such faith and assurance is there in the Oathes and Protestations of Princes to their Subjects whose Politicke capacities oft times have neither soule nor conscience This perfidiousnesse in the king made his long raigâ— full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne aâ— kingdome as our Historians informe us for which he repented and promised amendment at hâ— death m Lib. 3. c. 9. f. 107. Bracton an ancient Lawyer in this kings dayes writes That the king in his Coronation OVGHT by an Oath taken in the name of Iesus Christ to promise these three things to the people subject to hiâ— First that he will command and endeavour to his power that true peace shall be kept to the Church and â— Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities â— all degrees Thirdly That in all Iudgements he will command equitie and mercy that so God who is gracious and mercifull may bestow his mercy on him and that by his justice all men may injoy firme peace Fâ— saith he a King is SACRED and ELECTED to wit by his kingdome for this end to doe justis unto all for if there were no justice peace would be easily exterminated and it would be in vaine to make Lawes and doe justice unlesse there were one to defend the Lawes c. And before the Conquest I reâ— in n Fox Acts and Monuments Edition 1641. vol. 1. p. 214. and Lambards Archaion Leges Edwardi c. 17. Bilson par 3 p. 494. King Edward the Confessors Lawes not onely the Office but Oath of the King whom he anâ— Bracton oft stiles Gods and Christ Vicar upon earth thus excellently described A King ought aboâ— all things to feare God to love and observe his Commandments and cause them to be observed through hâ— whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved sâ—â— as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe justice anâ— judgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King â— his owne person to doe taking his oath upon the Evangelists and the blessed Reliques of Saints swearing â— the presence of the whole state of his Realme as well of the temporalty as of the spiritualty before he â—â— crowned of the Archbishops and Bishops Three servants the King ought to have under him as Vassals fleshly lust avarice and greedy desire whom if he keepe under as his servants and slaves he shall reigne well anâ— honorably in his Kingdome He must doe all things with good advisement and praemeditation and thâ— properly
in their Controversies of the Popes Supremacy of general Councels Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene c See Grafton p. 512 513. 161. Matthew Paris p. 954. Fox old Edition p. 508. King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors d See Hoveden p. 724 725 for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finall Judges of it Not to give you aâ—y instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our e Walsingham Hist p. 514. Speed p. 647 648. Kings Edward the first King John f Matthew Paris p. 273. 274 275. condemned to death by a Parliament in France by French Peeres for slaying his Nephew Arthur trecherously with his owne hands and likewise to lose the Crowne of England Henry the third and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip Nor yet to repeate the i pag. 5. forementioned precedents how the Lords and Commons when the Title to the Crowne hath beene in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by compeâ—itors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the * See Matthew Westm Fabian Grafton Holin Kingdom Lords and Commons then disposed of the Crowne in cases of minority want of Heâ—res misgovernment and câ—ntroversies abâ—ut the Title to the Crowne * Polichron l. 6. c. 18. Speed p. 399. See Grafton and Holinshed accordingly Canutus after the death of King Edmond Anno 1017. claiming the whole Realme against Edmonds Brethren Sons referred his Title upon the agreement made between Edmond and him foâ— this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of fealâ—y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmesâ—wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10â—0 Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxfoâ—d who gave their voyces to Harold there present and presently proclaimed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying * Huntindon l. 6. Polychron l. 6. c. 18. Speed p. 410. Matthew Westâ—n An. 1042. p. 415. Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harolds death enacted by Parâ—iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none oâ— the Danish blood should any more Reigne over them was elected King and declared â—ight Heire to the Crowne Anno 1126. k Hoveden Hunâ—ingdon Matthew Westminster Matthew Paris Walsingham Polychronicâ—n Fabian Anno 1126. Speed p. 477. See Hoâ—inshed Grafton Stow Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to fucceed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English Blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to â—er As much as in them lay after King Henries death if â—e dyed without issue male to establish â—er Queene â—f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyseâ—â—us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres â—o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris â— 82 83. Speed p. 497. Hoveden p. 490. Hunâ—indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty â— Walâ—ingford where by the advise of the Lords they made this accord That Stephen if he would should â—eaceably hold the kingdome during his life and that Henâ—y should be his adopted Sonne and Successor enjoy â—he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should â—weare that Henry after the Kings death if he suâ—vived him should Pâ—ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parlâ—ament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the Kingdome In the 8. and 25. E. 3. there was a m 25. E. 3. Parl 2. in the Statuts at large doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should inâ—erit lands in England The King to cleare all doubts and ambiguities in this case and to have the Laâ— herein reduced to ceâ—tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliamâ—nt in the 25. yeare of his Raigne to deliberaâ—â— of this point who with one assent resolved That the Law of the Realme of England is and alwayes hath beene such that the children of the Kings â—â— England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a special Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a * Cooke l. 7. The Princes case Parliament 11. E. 3. this
and true allegiance to them and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons Crowne and Dignity by reason of any such sentence or Declaration or otherwise And that they doe from their hearts abhorre detest and abjure as impiâ—us and hereticall this damnableâ— Doctrine and position prosessedly maintained by English Papists else why should the Parliament prescribe and they absolutely refuse to take this Oath that Princes excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever Willthose then who refuse to take this Oath or abjure this King deposing King-killing Doctrine harbouring a Seminary Priest in their Tents and a Pope in their hearts prove a faithfull guard to his Majesties Person Crowne or Kingdomes Will those who so oâ—â— conspired the death and attempted the murthers of Queene Elizabeth and King James onely because they were Protestants and Defenders of the Protestant Faith now cordially protect and assist King Charles without attempting any thing against his Crowne or Person who hath lately made and published so many Protestations and Declarations that he will never embrace nor countenance Popery but most resolutely Defend and Advance the Protestant Religion and makes this one principall motive how truely he taketh Heaven and Earth to witnesse of his present taking up of Armes Will they thinke you spend their lives for King and Parliament who but few yeares since lost their lives for attempting by a traine of Gunpowder to blow up both King and Parliament Will those secure his Majesty in his Throne now he is actually King of England who would have murthered him in his Cradle ere he was Prince to forestall him of the Crowne of England caâ—â— those prove really loyall to his Majesty and his Royall Posterity who would have blowne up him and all royall House at once even long before he had posterity In a word if ancient presidents will not convince us are those who for d See Dr. Jones his Booke of Examinations two yeares last past or more have beene labouring with might and maine to uncrowne his Majesty and utterly extirpate the Protestant Religion by horrid conspiracies and force of Armes in Ireland and are now there acting the last Scene of this most barbarous bloudy Tragedy now likely to spend their dearest blood in fighting for the preservation of his Majesties Crowne and the Protestant cause in England if thiâ— onely be the reall quarrell as is specioully pretended Or will any of that Religion who within these threâ— yeares have by force of Armes both in Catalonia Portugall and elsewhere revolted from and cast off theiâ— allegiance to their owne most Catholicke King to setup others of the same Religion in his Tribunall put tâ—â— their helping hands to establish his Majesty the most Protestant King in his regall Throne admit it were really not fictitiously indangered to be shaken Certainely if the ground of this unnaturall warre be such aâ— these ill Consellors pretend they would never be so farre besotted as to make choyce of such unfitting Champions as Papists for such a designe who are very well knowne to be the greatest enemies and malignants oâ— all others both to King Kingdome Religion and Parliament whose joynt destructions what ever thesâ— ill Counsellors pretend is questionlesse the onely thing really intended by the Popish party in this warre aâ— the proceedings in Ireland the introducing of soraine the raising of domesticke popish Forces the disarminâ— of Protestants and Arming Papists with their Harnesse clearely demonstrate to all whom prejudice hath noâ— blinded Now that I may evidence to these pernicious Counsellours and all the world how dangerous and unsaâ—â— it is for his Majesty and the Kingdome to put Armes into Papists hands and make use of them to protect thâ— Kings Person or Crown I shall desire them to take notice both of the Papists traiterous Doctrine and Practise in these three particulars they maintaine First That the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all â—â—â— Kingdomes in it to dispose of them at his pleasure to whom and when he will without giving any account of his actions That all Emperours and Kings are but his vassals deriving and holding their Crownes from him by base uâ—worthy services worse then villenage that they call and repute them their Popes vassals curs packe asses wiâ— Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their owâ— Authors and practise I shall referre them to Doctor e Dedicated to King Iames printed at London 1621. Richard Crakenthorps Booke Of the Popes Temporeâ— Monarchy chap. 1. p. 1. to 27. worthy any mans reading to John Bodins Commonwealth Lib. 1. cap. 9. aâ—â— Doctor John Whites Defence of the way to the true Church chap. 10. p. 43. Secondly That the Pope alone without a Councell may lawfully excommunicate censure depose both Emperours Kings and Princes and dispose of their Crownes and Kingdomes unto others That it is meet and necessary hee should â—xcommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all Protestant Princes â—â—r oppressers of the Common wealth That as soone as such Princes are actually excommunicated or notoriously knowne to â—â—e Heretickes or Apostates their Subjects are ipso factâ— absolved from their government and Oathes of Allegiance whereby they were bound unto them and may yea ought to take up armes against them to deprive them of their kingdomes Thirdly That such tyranicall and oppressing Kings may be killed poysoned or slaine by open force of Armes not onely lawfully but with glory and commendations That this is to be executed by Catholikes and that it is not onely an heroiâ—all but meritorious act worthy the highest Encomiums These two last pro positions you may read abundantly proved by the words of Popish writers and 40. examples of several Emperours Kings and Princes which Popes Papists have excommunicated deprived violentâ—y assaulted and murthered in e Dedicated to King Iames and printed at London 1624. Doctor John Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. pag. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3 throughout Aphorismi doctrinae Jesuitarum King James his Apologie against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fist of November to which I shall referre the Reader What security or protection then of his Majesties royall Person Crowne or Kingdomes can now be expected from our Popish Recusants infected with these traytorous Principles and branded with so many ancient moderne nay present treasons and Rebellions against their Soveraignes let the world and all wise men seriously judge What faire quarter and brotherly assistance the
to deliver Piers into their hands or drive him from his company out of England as being perswaded â—hile that King-â—ane breathed peace could never be maintained in the Realme nor the King abound in treasure nor the Queene enjoy his love But the wilfull King preferring the dearenesse of one stranger before the love of the â—hole Realme would noâ— condiscend Whereupon the Lords thus contemned and deluded presently raise â—n Army and march with all speed towards Newcastle not to offer injury or molestaâ—â—on to the King writes â—alsingham the case and purpose of the present Parliaments Army but that they might apprehend Piers himâ—elfe and judge him according to the Lawes enacted Which when the King heard he fled together with Piers like a proscribed and banished man to Tynemouth and from thence to Scarborough Castle Where Piers was forced to yeeld himselfe upon condition to speake but once more with the King And then carryed to Warwicke Castle where he had his head strucke off at the command and in the presence of the Earles of Lanâ—aster Warwicke and Hereford as one who had beene a subverter of the Lawes and an open Traytor to the Kingdome and that without any judiciall proceedings or triall of his Peeres though an Earle and so deare a Favourite of the Kings Which bred a lasting haâ—red betweene the King and his Nobles Who being afterwards charged by the King in Parliament with their contempt against him in the spoiles committed by them at Newcastle and wickâ—dly killing Piers They stoutly answered That they had not offended in any point but deserved his royall favour â—or that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act â—f Pardon that no man should be questioned for Gavestons returne or death printed in old g Tâ—tles Magnâ— Charta part 2. f. 50 to 57. Magna Charta Not long â—fter this unfortunate King doting upon the two h Walâ—ing Hist p. 90. to â—10 ypodig Neust p. 105. to 111 Speed Hist p. 674. to 683. See Fabiâ—n Holm Graf Thoâ—â—â—de â—â— More Higdâ—â— Caxton in his life Spencers as much as ever he did on Gaveston to whom they â—ucceeded not onely in pride rapine oppression and intolerable insolencies but even in height of familiarity and power with the King So as they ruled and lead the King as they pleased in so much that no Earle Baron or Bishop was able to dispatch any thing in Court without their advise and favour which made them generally envied of all because they domineered over all The Lords and Barons hereupon confederated together to live and die for juâ—tice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with â—heir forces at Sbirborne Thomas of Lancaster being their Captain they took an oath to prosecure their designe to â—he division of soule body Then they spoyled these Spencers their friends goods take their Castles by vioâ—ence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law equitie following the impetuousnes of their minds they march on to S. Albans with Ensignes displayed sent solemn messengers to the King then at London commanding him not only to rid his Court but kingdome too of the Traytors of â—he Realme the Spencers condemned in many Articles which they had framed against them by the commonalty of the Realme if he loved the peace of the Kingdome And they further required the King to grant letters Patents of indemnity to themselves and all such as had bore armes in their company that they should not be punished by the King or any other for their for epast or present trangressions The King denyed both these demands at first as unjust and illegall swearing that he would not violate his Coronation Oath in granting such a pardon to contempiuâ—us Delinquents Whereupon running to their armes they marched up to London entred the Citie and to avoyd dangeâ— the King through the Queenes and others mediation condescended to their desires passing an Act for thâ— Spensers banishment and the Barons indemnities which you may reade in ancient Part 2. â— 50. Magna Chartaes Upoâ— this the Barons departed neither merry nor secure despairing of the Kings Benevolence which made them goe alwayes armed and to retire to safe places The King soone after recalling the Spensers reversed the sentence against them as erronious gathers an Army encounters and defeats the Barons and puts many of them to deatâ— by these Spencers procurements who not content with their blood procured also the confiscation of their goods aâ—â—â—nheritances Whereupon getting into greater favour and power then before puffed up with their good successe and new honours they discontented not onely the Nobles but Queene too who going over into Franâ— with her sonne the Prince whose lives these favorites attempted She raysed an Army beyond the Seas and returning with it into England most of the Lords and Commons resorted to her and fell off from the Kingâ— who being destituâ—e of friends and meanes demanded assistance of the Cirie of London whose answer was That they would honour with all dutie the King the Queene and Prince but would shut their gates against Foreineâ— and Traytors to the Realme and with all their power withstand them And under the name of John of Eltham thâ— Kings second sonne whom they proclaymed Custos of the Citie and of the Land they got the Tower â—â— London into their possession placing and displacing the Garrison and Officers therein as they pleased Thâ— King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her self â—â—er sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should ayde â—â— assist them and that he should have a 1000. l. who did bring the Lord Mortimers head flies to Bristol in the Castle whereof the elder Spenser was taken by the Queenes Forces and without any formall tryall cruelly cut â—â— alive and quartered being first at the clamours of the people drawne and hanged in his proper armour upon the common Gallowes without the Citie After which the King forsaken of all his Subjects flies into Wales for shelter wherâ— he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his sonne confessing That for his many sins he was fallen into this calamitie and therefore had the lesse cause to take it grievously That â—â— much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abhâ—â— his any longer rule and Soveraignty and therefore be besought all there present to forgive and spare him being so afflicteâ— Soone after he was murthered in Barkly Castle And so the sicknesse and wounds which the Commonwealth sustaineâ— by his ill raigne upon the châ—â—ge of her Physician recovered not onely health and strength
â—ll out for their advantage For the Duke of Ireland with the Kings privity such was his false dissimâ—â—tion had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke â—ew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare Aâ—ong the Dukes carriages was found as the devill or rather God would have it certaine Letters of the â—ings to the said Duke by which their Counsells were plainely discovered The Lords hereupon â—arch with speed up to London having an Army of forty thousand men the Lord Major and City doubtâ—ll whether to displease the King or Lords upon consultation receive the Lords into the City and supâ—y their Army with provisions in the Suburbs Which the King hearing of seemed to slight them sayâ—g * Note the perill and policy of protracting Let them lye here till they have spent all their goods and then they will returne poore and empty to their â—uses and then I shall speake with and judge them one after another The Lords hearing this were exceedâ—gly moved and swâ—re They would never remove theâ—e till they had spoken with him face to face And â—rthwith sent some to guard the Thames lest the King should slip out of their hands and then scoâ—â—e at â—em The King being then in the Tower and seeing himselfe every way encompassed sent a message â—â— the Lords that he would treat with them who thereupon desired him That he would come the neâ—â—â—y to Westminster where they would declare their desire to him The King replyed That he would not treat â—ith them at Westminster but in the Tower To which the Lords answered That it was a suspicious place â—â—cause traines might there be laid for them and dangers prepared to destroy them Whereupon the King â—nt word They shâ—uld send thither two hundred men or more to search and view all places lest any fraud should â—e hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to â—â—m briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability â—d underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them â—gether with the French packeâ—s they had intercepted whereby it appeared he had secretly practised to flye with â—e Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the â—rowne of England held in those parts whereby his honour might diminish his strength decay and his fame â—erish The King seeing this knew noâ— what to doe especially because he knew himselfe notably â—eâ—ressed At last craving leave they left him confounded and shedding teares yet upon condition that â—e should come to Westminster the next day where he should heare more and treaâ—â— of the necessary affaires of the Kingdome Which he promised to doe retaining the Earle of Darby to sup with him 〈…〉 before he went to bed O the ficklenesse of weake Princes and faithlessenesse of their royall words a 〈…〉 Protestations some whisperers telling him that it was not decent safe nor honorable for the King 〈…〉 goe thither he changed his resolution The Nobles hearing this were very sad and discontented a 〈…〉 thereupon sent him word That if he came not quickely according to appointment they would chuse them anoth 〈…〉 King who both would and should obey the Counsell of his Peeres The King strucke with this dart came t 〈…〉 next day to Westminster there attending his Nobles pleasures To whom after few discourses the Nobles said That for his honour and the benefit of his kingdome all T 〈…〉 tors whisperers flat terers evill instruments slanderours and unprositable persons should bee banished out of b 〈…〉 Court and company and others substsâ—uted in their places who both knew how and would serve him more honora 〈…〉 and faithfully Which when the King had granted though with sorrow they thought fit that Al 〈…〉 anâ—er Nevill Archbishop of Yorke John Fordham Bishop of Durham with sundry other Lords Knights a 〈…〉 Clergy men should be removed and kept in strait prison to answer such accusations as should bee object 〈…〉 against them the next Parlia Whereupon they were apprehended forthwith and removed from the Co 〈…〉 After the feast of Purification the Parliament much against the Kings will who would have shifted it 〈…〉 at that time began at London The first day of the Session Fulthorpe and all the rest of the Judges w 〈…〉 arrested as they sate in judgement on the Bench and most of them sent to the Tower for that having fi 〈…〉 overruled the Lords with their Counsels and direction which they assured them to be according to Law 〈…〉 afterward at Nottingham gave contrary judgement to what themselves had determined formerly Tresilian t 〈…〉 chiefe Justice prevented them by flight but being apprehended and brought backe to the Parliament 〈…〉 the forenoone had sentence to be drawne to Tiburne in the afternoone and there to have his Thro 〈…〉 cut which was done accordingly The King seeing these proceedings by advise of his ill Counsellors * Grafton p. 348 349. 150 151. absented himselfe from his Parliament and sent Michael de la Pole then Lord Chancellor to demand foure fifteenes in his name â—f the Commo 〈…〉 for that without lesse he could not maintaine his estate and outward warre To which the body of the Parliame 〈…〉 made answer that without the King were present they would make therein no answer and that unlesse the Ki 〈…〉 would remove him from his Chaneellorship they would no further meddle with any Act this Parliament Th 〈…〉 King upon this sent to the Commons that they should send to Eltham where he then lay 40. of the wis 〈…〉 and best learned of the Commons who in the name of the whole house should declare unto him their minde Up 〈…〉 which message the House were in more feare then before for there went a talke that the King intended 〈…〉 betray divers of them which followed not his minde either that way or at a banquet appointed to be made purposâ—ly aâ— London if Nicholas Exton the Maior of London would have consented thereunto at which time t 〈…〉 Duke of Glocester should have beene taken Wherefore the Lords and Commons assembled together agree 〈…〉 with one assent that the Duke of Glocester and Bishop of Ely should in the name of the whole Parliament be se 〈…〉 to the King to Eltham which was done and the King well pleased that they should come When they cam 〈…〉 into his presence they most humbly saluted him and said Most high and redoubted Soveraigne Lord the Lor 〈…〉 and Commons of this your Parliament assembled with most humble subjection unto your most royall Majesty desi 〈…〉 your most gratious favour so that they may live in tranquillitie and peace under you to the pleasure of God a 〈…〉 wealth of the Realme On whose behalfe
we also shew unto you that one old statute and laudable custome is approve 〈…〉 which no man can deny That the King our Soveraigne Lord may once in the yeare lawfully summon his high Cou 〈…〉 of Parliament and call the Lords and Commons thereunto as to that which is the highest Court of this Real 〈…〉 In which Court all equity and justice must shine even as the Sunne when it is at the highest whereof poore and ri 〈…〉 may take refreshing where also must be reformed all the oppressious wrongs exactions and enormities within t 〈…〉 Realme and there to consult with the wise men for the maintenance of the Kings estate And if 〈…〉 might bee knowne that any persons within the Realme or without intended the contrary there also m 〈…〉 bee devised how such evill weeds might be destroyed There also must be studied and foreseene that if a 〈…〉 charge doe come upon the King and his Realme how it may be well and honorably supported and sustained Hither 〈…〉 to it is thought by the whole Realme that your Subjects have lovingly demeaned themselves to you in ayding 〈…〉 with substance to the best of their powers and they desire to have knowledge how and by whom these goods be spe 〈…〉 One thing resteth yet to declare in their behalfe unto you * Notâ— The King should be present in Parliament once in 40. dayes how that by an old Ordinance they have an Act if t 〈…〉 King absent himselfe 40. dayes not being sicke but of his owne minde not heeding the charges of his people 〈…〉 their great paines will not resort to his Parliament they then may lawfully returne home to their houses And 〈…〉 sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discom 〈…〉 for t And our Parliaments present case To this the King answered by these words Well we doe con 〈…〉 der that the people and Commons goe to rise against us wherefore we thinke we can doe no better then to aske a 〈…〉 of our Cosin the French King and rather submit us to him then to our owne Subjects The Lords answered S 〈…〉 that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King 〈…〉 your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispo 〈…〉 you invade you and depose you from your estate royall then put any hand to helpe you c. And as th 〈…〉 King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconven 〈…〉 〈…〉 es be comne by the evill Counsell which are about you And if you put not your helping hand to the redresse â—he premises this Realme of England shall be brought to nought and utter ruine which clearely should be laid 〈…〉 our default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the 〈…〉 rld was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to 〈…〉 uester all such persons as might be the occasion of ruine either of you or else of your Realme By these good 〈…〉 swasions the King was appeased and promised within three dayes after to come to the Parliament and to 〈…〉 descend to their Petitions And according to his appointment he came Where soone after John Fordham 〈…〉 hop os Durham was discharged of the Treasurourship and the Bishop of Hereford ser in his place de la 〈…〉 le was put from his Chancellourship for divers crimes frauds briberies and treasons by him com 〈…〉 tted to the prejudice of the King and his Realme committed to the Tower and fined 20. thousand 〈…〉 rkes to the King in releeving of the Commons Divers other Judges Knights and Delinquents of all 〈…〉 t s were condemned and executed others banished and their states confiscated others put out of office 〈…〉 this Parliament as you may reade in our Histories and in the k 10. R. c l 11. R. 2. c. l 29 3 4 5 6. 2 R. 2. c. 2. 3. 12. Statutes at large in which Statutes the 〈…〉 schievous effects of these evill Counsellors to King Kingdome and people are at full related whereby 〈…〉 e King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords â—ayâ—g of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of 〈…〉 y pardon l See the Records of this Parliament published by order of both Houses Aug. 27. 1642. and their raysing of Armes against the Parliament and kingdome though with the Kings 〈…〉 ne consent and his command declared and enacted to bee high Treason These proceedings ratified 〈…〉 d assented to in Parliament by the King much against his will wrought an intolerable secret 〈…〉 tred and desire of revenge in his heart against the Lords which for want of power he concealed neare 〈…〉 yeares space but in the 20. yeare of his raigne being somewhat elevated in his spirit with a rumour 〈…〉 at he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke 〈…〉 d Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the 〈…〉 ples eyes lest they should riseup in Armes to rescue these Lords the King sent out a feigned Proclamation which he caused to be proclaymed throughout the Realme that these Lords were apprehended onely for 〈…〉 w Treasons committed against him for which he would he prosecute them in the next Parliament and not for the 〈…〉 trepasses After which he proclaimes those Lords Traytors Which done he summoned a m Grafion p. 329. c. Mr. Saint-Johns Speech 1640. p. 33. 1. H 4. No. 21. 21. 48. Parliament at Westminster to this Parliament the King commanded to 〈…〉 me all such as he had best confidence in omitting the rest and the Knights were not elected by the Commons 〈…〉 custome required they should be but by the Kings pleasure yea he put out divers persons elected and put in other 〈…〉 their places to serve his turne which was one Article objected against him when he was deposed Against 〈…〉 e time of this Parliament the King received a guard of 4000. Archers all Cheshire men as if he would 〈…〉 ve gone in battle against enemies so that divers came armed to the Parliament out of feare These 〈…〉 eshiere men were rude and beastly people and so proud of the Kings favour n As the Cavaliers do now that they accounted the 〈…〉 ng to be their fellow and set the Lords at nought though few of them were gentlemen but taken from the 〈…〉 ough and other trades After these â—usticall people had a while courted they grew so bold that they 〈…〉 uld not let neither within the Court nor without to beat and slay the Kings
good Subjects as the Cavaliers doe 〈…〉 w and to take from them their victuals at their pleasure paying little or nothing for them and to ravish their 〈…〉 ves and daughters And if any man persumed to complaine to the King of them he was soone rid out of 〈…〉 way no man knew why nor by whom so that in effect they did what they listed In this Parliament 〈…〉 King having made the Speaker and a great part of mercinary proud ambitious men of the Commons 〈…〉 use to be of his side to act what he required them he then prevayled likewise with the upper house 〈…〉 with the Prelates then with the Lords more out of feare of him then any reason by meanes where 〈…〉 the Commission Charters of pardon and Acts made in Parliament in the 10. and 11. yeare of his raigne 〈…〉 re quite revoked and declared voyd in Law as being done without authoritie and against the will and 〈…〉 ertie of the King and of his Crowne And withall they declared the Judges opinions for which they were 〈…〉 demned in that Parliament to be good and lawfull and attainted the said imprisoned Lords of high 〈…〉 eason and confiscated their lands The two Earles hereupon were beheaded and the Duke by reason 〈…〉 is pâ—pulatâ—tie smothered onely for their former actions which done the King adjourned the Par 〈…〉 ent to Shrewâ—bury where he subrilly procured an o 21. R. c. 12. Act to passe by common consent that tâ—e power 〈…〉 he Parliament should remaine in seven or eight persons who after the Parliament dissolved should deter 〈…〉 e certaine petitions delivered that Parliament and not dispatched By colour whereof Those Commit 〈…〉 proceeded to other things generally touching the Parliament and that by the Kings app 〈…〉 ment in derogatien p 21. R. 2. c. 16. Walsing Hist Aug. Annâ— 1398. p 394 〈…〉 he state of the Parliament the disâ—ommodity and pernicious example of the whole Realme And by colour 〈…〉 Authority hereof the King caused the Parliament Rols to be altered and defaced against the effect of the 〈…〉 said grant After which he much vexed and oppressed his people with divers forced Loanes Oathes 〈…〉 positions and oppressing Projects to raise money seeking to trample them under his feet and 〈…〉 roy the Realme and tooke all the Jewels of the Crowne with him into Ireland without the Kingdomes 〈…〉 sent Which rendered him so odious to his people that Henry Duke of Lancaster landing in England the whole kingdome came flocking to his ayde so that he had an Army of 60000. men in a short time who v 〈…〉 ed to prosecute the Kings ill Counsellours Whereupon King Richard returning out of Ireland hearing 〈…〉 the Dukes great Army assembled against him and knowing that they would rather dye then yeeld 〈…〉 of their hatred and seare of him he dismissed his Courtiers hiding obscurely in corners till he was a 〈…〉 prehended and by a Parliament summoned in his name though against his will judicially deposed 〈…〉 his misgovernment Among which Articles of his misgovernment for which he was judicially dethroned these are rema 〈…〉 able First * Graft p. 400 401 402 c. That he wasâ—fully spent the Treasure of the Realme and had given the possessioâ—s of the Crow 〈…〉 to men unworthy by reason whereof daily new charges more and more were laid on the neckes of the poore C 〈…〉 monalty And when divers Lords were appointed by the High Court of Parliament to commune and t 〈…〉 of divers matters concerning the Common-wealth of the same which being busie about those Commissions he 〈…〉 other of his affinity went about to impeach them of high Treason and by force and threatning compelled 〈…〉 Justices of the Realme at Shrewesbury to condescend to his opinion for the destruction of the said Lords 〈…〉 somuch that he began to raise warre against John Duke of Lancaster Thomas Earle of Arundell Rich 〈…〉 Earle of Warwicke and other Lords contrary to his honour and promise Item He assembled certaine Lancashire and Cheshire men to the intent to make warre on the fores 〈…〉 Lords and suffered them to rob and pillage without correction or reproofe Item Although the King flatteringly and with great dissimulation made Proclamation throughout 〈…〉 Realme that the Lords before named were not attached for any crime of Treason but onely for extortions 〈…〉 oppressions done in the Realme yet be laid to them in the Parliament rebellion and manifest Treason Item He hath compelled divers of the said Lords servants and friends by menace and extreame paines 〈…〉 make great sines to their utter undoing And notwithstanding his pardon to them granted yet he made the fine of new Item That he put out divers * Note Sheriffes lawfully elected and put in their roomes divers of his owne Mi 〈…〉 on s subverting the Law contrary to his Oath and Honour Item For to serve his purpose he would suffer the Sheriffes of the Shire to remaine above one yeare or two Item He borrowed great summes of money and bound him under his Letters Patents for repayment of the sa 〈…〉 and yet not one penny paid Item He taxed men at the will of him and his unhappy Councell and the same Treasure spent in folly not pay 〈…〉 poore men for their victuall and viand Item He said That the Lawes of the Realme were in his head and sometime in his brest by reason of wh 〈…〉 phantasticall opinion he destroyed Noble men and impoverished the Commons Item The Parliament setling and enacting divers notable Statutes for the profit and advancement of the Co 〈…〉 monwealth he by his private friends and solicitors caused to be enacted * Such a kinde of proviso was endevoured to beadded to the Petition of Right 3 Caroli That no Act then enacted should 〈…〉 more prejudiciall to him then it was to any of his Predecessors though with proviso he did often as he listed 〈…〉 not as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Jew 〈…〉 without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carryed the Jewels Plate and Treasure of the kingdome o 〈…〉 the Sea in to Ireland to the great impoverishing of the Realme And all the good Records for the Comm 〈…〉 wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Justices were sworne to say the truth of divers things to them committed in cha 〈…〉 both for the honour of the Realme and profit of the King the said King so menaced them with sore threatning 〈…〉 that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Prin 〈…〉 hands and at his disposing Item He crafâ—ily devised certaine privy Oathes contrary to the Law and caused divers of his
Subjects f 〈…〉 to be sworne to observe the same anâ— after bound them in bonds for the firmer keeping of the same to the great 〈…〉 doing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times 〈…〉 wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth 〈…〉 the same Parliament which continued notwithstanding Richards deposition who summoned it 〈…〉 created King who in the q â— H. 4. c. 1. 2 3 4. first Parliament of his Raigne reversed and annulled as illegall the P 〈…〉 liament of 21 Rich. 2. with all its Acts Circumstances and dependants and revived that of 11 Rich. 2. 〈…〉 all points as made for the great honour and common profit of this Realme To these I might adde t 〈…〉 r Walsing hist Angl. p. 416. 417. Ypodig p. 168. 170. Pol. l. 8. c. 10. Caxt. p. 430. Hal Chr. par 1. f. 25 Hol. p 529. Speed p. 775. Maroin Fabian Grafion and others Rebellious insurrectious of Richard Scroope Arch-bishop of Yorke the Earle of Northumber land a 〈…〉 their Complices against King Henry the fourth Anno 1405. to reforme the State and government 〈…〉 lieve the Church and Common weale and Depose King Henry in and by a forced Parliament The Spee p. 486 Hunting lib. 8. insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forrests and 〈…〉 ther immunities of Church and Commonwealth which they would force him â—o confirme the severall k Walâ—ing ham Hist Angl. p. 258. to 281. Speed â— 849. c. 734. c. insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vulgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new ones of their nomination to ratifie what propositions they required and subvert the government of the Real 〈…〉 with the l Speed p. 1032 to 1049 1112. to 1120. See Hall Grafton Holinshed Howes Martin in the lives of H. 8. Ed 6. and Q. Eliz. severall Rebellions of the Popish Lincolne-shire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the 8 his raigne Of the Cornish men Norsolke men Ket and others in Edward the 6. his rule of the Popish Earles of Northumberland Westmoreland and other Northern Papists in Queene Elizabeths dayes by force of Armes to compelâ— these severall Princes to summon Parliaments to repeale all Lawes against Mosse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demaunded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both houses representing the whole Kingdome and against the generall consent of the people But I shall conclude with one ancient president more in one of our beâ—â— Kings reignes In 25. E. 1. m Walsig Hist Angl. p. 36 37 38. 39 40. 41. 42 44. 48. Ypoaigmâ— Neustriae p. 83. 84. 85. 86. 97. Cookes Magna Charta p. 530. to 580. The Lords and Commons in Parliament grievously complained and Petitioned to the King against divers taxes tallages and prisâ—ges wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forrest the imposition upon Woolls and their sommons to goe with him into Flanders to which they were not bound by Law The King excusing these taxes by reason of his necessity to mainetaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barrons of the Eschequor not to levie the 8. penny of the people granted to the King at S. Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the King should confirme Magna Charta and Charta de Forresta with the other Articles to them annexed that he should enact and take no ayds tax or tallage from the Clergie or Commons without their common consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his * Articuli sâ—per Chartaâ— Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeate of all those who should transgresse this Charter of his For which the Laity gave him the 9 and the Clergie the 10. penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his Reigne after some delayes he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-sommoning them at quinidena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to 3. Bishops 3 Earles and 3. Barrons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope 〈…〉 ereupon the King holding a Parliament at Stamford the 29. of his Reigne the Lords and Barrons repaired thither with great store of horses and Armes with a purpose to extort aâ—ull execution of the Charter of the Forrest hither to deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixtly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull sommons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publicke affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great a Surius Concil Tom. 4. p. 103 c. Fox Act. and Monuments vol. 1. â—dit ult p. 879 c Councils of Basil Constans and divers Popish * John White his way c. Sect 37 n. 30. p. 102 Writers that a generall Councell once lawfully sommoned by â—he Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution thâ—se Counâ—ells continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them to keepe themselves in their chaires This is apparent
first by the Ancient Treatise Of the manner of holding Parliaments in England which informes us That the first day of the Parliament publike Proclamations ought to be made in the City or Town where the Parliament is kept That all those who would deliver Petitions or Bills to the Parliament should deliver them in a certaine time That the Parliament should not depart so long as any Petition made thereto â—angeth undiscussed or undecided or at the least to which there is not made a determinate answer the Kings Majestie being desirous of his grace and favour to give the â—ubject redresse of any injurie not to suffer his people to goe unsatisfied Hence departing of the Parliament OVGHT TO BE in such manner First IT OVGHT TO BE demaunded yea and publikely proclaimed in the Parliament and within â—he Pallace of the Parliament whether there be any that hath delivered a â—etition to the Parliament and â—ath not received answer thereto If there he none such it iâ— supposed that every one is satisfied or else answered unto at the least So farre forth as by Law it may be And then all may depart Hence it waâ— that in 21. R. 2. c. 16. 17. 18. 19. divers Petitions not read nor answered in Parliament by reason of â— See Walâ—ingham Mat. Paris Fabian Holinshed Grafton Martyn Speed in their lives shortnesse of time and not determined sitting the Parliament were by speciall Acts of Parliament referred to divers Lords and Commons to examine answer and plainely determine all matters contained in the said Petitions as they should thinke best by their good advise and discretion even out of Parliament which they heard and determined accordingly and made binding Acts thereupon as appeares by the statutes themselves This Doctrine was very well knowne to King Iohn Henry the 3. Edward the 2. Richard the 2. Henry the 6. and Edward the 4. the Parliaments which opposed and deposed most of them sitting and continuing sitting both before and after their deposing sore against their wills as the fore-remembred histories manifest else no doubt they would have broken up all these Parliaments at their pleasure and never permitted such Acts Iudgements to passe against themselves Favorites ill Counsellours pretended Prerogatives had they lawfull power to dissolve them summoned in their names or the Parliaments actually determined by their depositions or resignations as we finde they did not and none ever yet held they did King Richard the 2 fearing the losse of his Crowne or some restraints by Lawes in the 11. yeare of his raigne proposed this question among others to his Iudges at Nottingham Castle which for ought I finde was never doubted before b See 21 R. 2. c. 12. Whether the King whensoever pleaseth him might dissolve the Parliâ—ment and command his Lords and Commons to deparâ— from thence or not Whereunto it was of one minde answered that he may and if any would proceede in c Walâ—ingham Holinshed Fabian Graft Speed in 11. R. 2. the Statuts at large that yeare the Parliament against the Kings will he is to be punished as a Traytor For which opinion and others some of these Iudges and Lawyers as Trysiâ—ian Blake were condemned of high Treason the next Parliament 11. R. 2. drawne upon a hurdle to Tyburne and there executed as Traytors to the King and Commonwealth others of them who delivered their opinions rather out of feare of death and bodily tortures then malice were yet condemned as Traytors and banished the Kingdome onely their lives were spared True it is that the packed and over-â—wed Parliament of 21. R. 2. terrified by the Kings unruly great guard of Cheshire Archers fore-mentioned 21. R. 2. c. 12. being specially interrogated by the Kiâ—g how they thought of these answeres of the Iudges sayd That they thought they gave their answeres duely and faithfully as good and lawfull lâ—ige people of the King ought to doe But yet the Parliament of 1 H. 4. c. 3. 4. repealed this Parliament of 21. R. 2. with all its circumstances and dependents revived the Parliament of 11 R. 2. with the judgements and proceedings given against these treacherous temporising Iudges as a thing made for the great honour and common profit of the Realme Besides the e Cooke 9. Rept f. 1. in the Epistle 4. E. 3. c. 14. â—6 E. 3. c. 10. Statutes of King Alfred and Edward the 3. which enact that a Parliament shall be holden once every yeare and oftner if neede be for redresse of mischiefes and grievances which dayly happen strongly intimate that if a Parliament ought in Law to be called as often as need is of purpose to redresse the Subjects grievances and mischiefes then it ought not in point of Law to be dissolved till these greivances and mischiefes f Magna Charta 1556. part 2. f. 164. be redressed else the sommoning of it would be to no purpose and bring a great trouble and charge to the whole kingdome without any benefit at all Moreover the King by his Oath is bound to doe equall justice and right to all his Subjects in all his Courts of justice In Magna Charta c. 29. he makes this Portestation We shall deny nor deferre to no man either Iustice or right and by sundry other g 18. E. 3. Stat. 3. 20 E 3. c. â— Acts all the Kings Iudges are sworne and commanded to doe even Law and execution of right to all his subjects rich or poore without having regard to any person and without letting or delaying to doe right for any Letters Writs or Commandements that shall come to them from the King or any others and shall doe nothing by vertue of them but goe forth to doe the Law and hold their Courts and Processes where the Pleas and matters be depending before them notwithstanding aâ— if no such Letters Writs or Commandements were come unto you The makers therefore of these Oâ—thes and Lawes in dayes of Popery and the Parliaments of 2. E. 3. c. 8 14. E. 3. c. 14. 1. R. 2. c. 2. which Enact That it shall not be commanded by the great seale or little seale to delay or disturbe common right and though such commandments doe come the Iustices shall not therefore leave to doe right in ANY POINT that Iustice and right be indifferently ministred to every of the Kings Subjects did certainely beleeve that the King neither by his great nor privie seal nor by Writ or Letter could without just or lawfull cause assigned prorogue or adjourne the Teâ—me or sitting of any Courts of Iustice much lesse prorogue or dissolve his highest Court and grand Counsell of the Realme the Parliament or disable them to fit to redresse the Kingdomes and subjects severall grievances or secure the Realme from danger Which if he might lawfully doe at his pleasure without the Houses joynt assents there would necessarily follow not onely a deferring and deniall but likewise a fayler of Iustice in the highest Court or Session
2. c. 16. f. 24. That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a king cannot doe any thing else in earth seeing be is Gods Minister and Vicar niâ—â—id solum quod de jure a Luk. 2. 22. 23. 24. â—otest but that onely which he can doe by Law That God the Law and his Court to wit the Earles â—nd Barons in Parliament are above the King and ought to bridle him and are thence called c Comites viâ— quia a Comitatu â—ive a societate nomen sumpserunt qui etiam dicâ— possunt Consules a consulendo Reges enim tales siâ—â— associant ad consulendum regendum populum Dei. ordinaâ—tes eos in magna potestate honore nomine c. Idem l. â— c. 8. f. 5. 6. Coâ—ites because they are the Kings Companions Fleta an Ancient Law-booke written in King Edward â—he third his raigne lib. 3. c. 3. and 17. useth the selfe same words that Bracton doth and concludes â—hat the King hath a Superior to wit God and the Law by which be is made a Kiâ—g and his Court of Earles â—nd Barons to wit the Parliament d De Laudibus Legum Argliae c. 9. to 15. Fortescue a great Lawyer Chauncellor to King Henry the 6. â—roves at large That the King is not above but under the Law that be cannot alter the Law of Ergland â—or â—ay any Taxes at all on his Subiects but by Parliament That all lawfull Kings and Kingdomes were at â—â—rst created and erected onely by the unanimous free assent of the people that the kingdome of England is a Poâ—cie or Aristocraticall mixt Government not an absolute royall Soveraignety That the e Hanc potestatem â popâ—lo effluxam ipse habet c. p. 25. King hath his â—â—yall power DERIVED TO HIM FROM THE PEOPLE whereby it is unlawfull for him to â—le his people by any other power which he prosecutes in sundry chapters too tedious to transcribe â—nd in one word f Chap. 8. vol. â— pag. 173. Raphael Holinshed Iohn Vowell and others in their Description of England â—rinted Cum Privilegio resolve thus of the Parliaments power This House hath the most high and â—bsolute power of the Realme for thereby kings and mighty Princes have from time to time beene â—eposed from their thrones and Lawes are enacted and abrogated Offenders of all sorts punished and corâ—pted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE â—EALME and the place where every particular man is intended to be present if not by himselfe yet by â—s Advocate and Attorney For this cause any thing that is there enacted is not to be withstood but obeyed â—â— all men without contradiction or grudge and to be short all that ever the people of Rome might doe eiâ—â—er Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their assemblies had power to enact binding Lawes to create and elect â—â—eir Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes â—â— Officers and to * See Bodine l. 2. c 5. l. â— c. 10 Eutropius and Grimston in the life of Nero Maximinius Heliogabalits and others Livy Rom. Hist l. 1. â—â— change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authors resolution the Parliament hath an absolute power to doe the like when â—hey see just cause Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. â—nd Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but â—â— in the last Edition hath the same words in effect with Holinshead and addes that the Parliament giâ—eth forme of Succession to the Crowne c. Our kings royall power being then originally derived to â—hem conferred on them by the peoples and kingdomes common consents in Parliament and all their â—ew additionall Prerogatives too as the premises evidence it cannot be denied but that the whole â—ingdome and Parliament are really in this sence above him and the most Soveraigne prime power â—â—om whence all other powers were and are derived See Fortescue c. 9. to 15. Fourthly This is undeniable because the whole kingdome in Parliament may not onely augâ—ent but likewise * abridge allay abolish and resume some branches of the Kings royall power and â—â—erogative if there be just cause as when it becomes onorous mischievous and dangerous to the Subâ—ects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or â—he Lawes this is most apparant by Magna Charta Charta de Forresta Statutum de Prerogativa Regis De Tallâ—gio non-concedendo 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. â— 10. E. 3. c. 2. 3 14. E 3. c. 1. 14. 18. E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36. E. 3 c. 10. â— 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. â— 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 â—he Petition of Right 3. Caroli most Statuts against Purveyens Pardons Protections the Acts made this Parliament against Ship-money Knight-hood Forrest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the Continuance of this Parliament whiles they please with g See the Arguments against Ship-money and Impositions and the Declarations against the Commission of Aray sunâ—ry other Acts which restraine abridge repeale and resume divers reall and pretended branches of the â—ings royall Prerogative because they proved grievous and mischievous to the people and dangeous and pernicious to the kingdome This then answers that irrationall groundlesse position of Doctor Ferne That h Resolving of Conscience Sect 4. 5. the Subjects neither lawfully may nor ought in any case to resume al or any part of that Regall power wherewith they have once invested their Kings by common consent Which as it is contrary â—o that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That â—ll Governments created by mens consents may be altered diminished or repealed by their consents â—â— i See Ioshua Iudges Samuel Kings Chron. Daniel throughout â—saiah Ieremy Ezickiel in sundry chap. sundry Presidents and Prophesies in Scripture concerning the alterations the Subversions and Dimiâ—utions of kings and kingdomes to the constant practise of k See Sleidan de 4. or Imperiis Mat. West Livy Iustin Opmerus Purchas Chronicon â—hronicorum and all generall Histories all Realmes and States whatsoever from â—dam till this instant who have undergone many strange alteratians eclipses diminutions yea Peâ—â—ods of Government to the Resolution of l Polit. l.
houses license under paine a Major Pars est totum Brookes Corporations 34. Smiths Common-wealth of England l. 2. c. 3. â—f inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3. E. 3. 19. Fitz. â—orone 161. and Stamford l. 3 c. 1. f. 153 compleatly answers that fond cavill of the Malignants â—nd Royalists against this Parliament that the king and many of the other members have wilfully â—bsented themselves from the House of purpose to dissolve it if they could notwithstanding the late â—peciall Act made by their joyntconsents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and â—ogicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve â—oth Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these abâ—ent members be the greater number why doe they not come and over-vote the rest in the House in peaceable legall usuall Parliamentary way rather then challenge them into the field in a military â—legall unusuall bloody manner unheard of in former ages If the lesser party then present or abâ—ent the Major part must over-rule them volensnolens as it hath ever used unlesse they will be wilâ—â—ller I cannot say wiser then all their predecessors put together As for his Majesties absence from Parliament by the pernicious advise of Evill Counsellors so Object â—uch insisted on by Malignants I answer 1. That it was without any just cause given by the Parliament Secondly It was much Answ â—gainst their wills who have a See their Messages and petitions to the king to this purpose oft importuned petitioned and used all possible meanes to procure â—is returne 3. His absence was procured and is yet continued by those alone who most unjustly â—axe the Parliament for it and would take advantage of this their owne wrong Fourthly though â—e be personally absent as a man yet he is still Legally present in Parliament called the kings preâ—ence as he is a king as he is in al other his Courts of Iustice where all proceedings are entred b See Camdens Brit. p. 163. which stiles the Parliament the kings presence The Register of Writs Old New Natura Brevium old and new book of Entries Cookes Institures on Littleton f. 71. 6 Coâ—am Rege though the king never yet sate personally in either of them as he hath oft times done in his Parliament for the continuance whereof he hath passed such an Act as will inseperably tye his â—oyall presence to it though his Cavaliers about him should by force withdraw his person from it â—ot onely as farre as Yorke but the remotest Indies yea he must first cease to be king of England ere â—e can be legally absent from his Parliament of England This his wilfull personall absence from â—is greatest Counsell which desires and needes it is as many conceive an Act of the highest in justice â—hat ever any Prince could offer to his Parliament worse then a â— King 12. 2 Chron. 18. Rehâ—boams forsaking the counsell â—f his ancient Sages to follow the hare braind advise of his young Cavaleers for though he followâ—d not their ancient prudent counsell yet he withdrew not himselfe from them as his Majestie â—oth now sever himselfe from his Parliament not onely without but against all prefidents of his â—oyall predecessors except king b Richard the second who once absented himselfe from his Parliaâ—ent above 40. dayes yet then returned to it upon better advise and the very common custome and â—aw of the Land which he is obliged by his Coronation oath and many late protestations added â—o it constantly to maintaine This appeares most clearely by the ancient Treatise of the manâ—er of holding of Parliaments in England both before and since the conquest * See Minshes Dictionary Title Parliament f. 526. tendeâ—ed to and apâ—roved by the Conquerone himselfe newly printed 1641 which in the Section touching the kings â—bsence from Parliament resolves thus The king is BOVND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily â—icknesse and then he may keepe his chamber yet so as he lye not without the Manour or Towne â—t the least where the Parliament is held and then he ought to send for 12. persons of the greaâ—est t Grafton p. 348. 349. 350. and best of them that are sommoned to the Parliament that is 2. Bishops 2. Earles 2 Baâ—ons 2. Knights of the shire 2 Burgesses and 2. Citizens to looke upon his person to testifie and â—itnesse his estate and give A uthority to the Arch-bishop of the place the Steward of England â—nd chiefe justice that they joyntly and severally should begin the Parliament and continue the same â—â— his name expresse mention being made in that commission of the * Note this cause of his absence there â—hich ought to suffice The reason is because there was wont to be a cry and murmure in the Parâ—iament for the kings absence because his absence is hurtfull and dangerous to the whole commoâ—alty of the Parliament neither indeede OVGHT OR MAY HE BE ABSENT BUT ONEâ—Y IN THE CASE AFORESAYD And whereas Malignants clamour that most of the â—ords are absent as well as the king and therefore this can be no lawfull Parliament The same â—uthor will in forme them that if the Lords be once sommoned to Parliament and then appeare â—ot or absent themselves the king may hold the Parliament with the commonalty and commons â—f the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in Engâ—â—nd because he represents a whole county towne or city the other himselfe alone without Bishops â—arles or Barons because in times past before there was either Bishop Earle or Baron yet even â—hen kings kept their Parliaments but on the contrary no Parliament can be kept by the king and â—eeres if all the Commons for the kings misgovernment or such like cause should absent themâ—â—lves This is the judgement of r In Holinsheads Chronicle of Ireland f. 127. 128. Master John Vowel too who writes in this manner Yet neâ—â—rthelesse if the king in due order have sommones all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld â—â— any thing then the king with the consent of his Commons may ordain establish any acts or Laweâ— which are as good sufficient and effectuall as if the Lords had given their consents But on thâ— contrary if the Commons be sommoned and will not come or comming will not appeare or appeâ—ring will not consent to doe any thing alleaging some just weighty and great cause the King in thesâ— cases d Cromptons Iurisdiction of Courts f. 8. 4. H. 7. 18. 7. H. 7. 14. 11. H. 7. 27. Parliament
belongeth to a King for hasty rashnesse bringeth all things to ruine according to the saying of thâ— Gospell Every Kingdome divided in it selfe shall be brought to desolation Master o Vol. 1. p. 214. Fox informes us that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes but the most part of them he omitted contrary to his Oath at his Coronation Indeede I finde not that the Conqueror tooke this Oath when he was crowned but I reade in * History p. 440. 441. Speed and others that William the Conquerour abrogating for the most part the ancient Lawes of the Land and introducing neâ— hard Lawes of his owne written in the Norman tongue which the people understood not and thâ— Iudges wrested at their pleasures to the forfeiture of Goods Lands Life hereupon the Nobility and Natives seeking to cast off these snares and fetters of his Lawes set up Edgar Athelin for theâ— Generall once againe and â—ell into a new conspiracie raising great forces and resolving to make thâ— sword their Iudge The King hereupon by Lanfrankes advise who as Reâ—oboams sages gave him counsell somewhat to beare with their abuses rather then to hazard the ruine of all in fight appointed a meeting at Berkhamâ—teed Anno 1172. where the King entring parly with the English Nobility did so farre winde himselfe into their good opinions that they all forthwith layd downe their weapons And he for his part fearing to lose the Crowne with shame which he had gotten with effusion â—f so much blood gave his Oath upon the holy Evangelists and the reliques of Saint Albane the Martyr the same being ministred to him by Abbot Fredericke swearing to observe and inviolably to â—â—epe the ancient Lawes of this Land and most especially those compiled by King Edward the Confessor â—hough as the event soone shewed he little meant to doe as he promised Peace thus established â—is conference ended and the Kings oath received the English Armies disband themselves as dreaâ—ing Note this they had now good fortune by the foote and hoping the greatest stormes of their dangers were â—aâ—t which presently proved but a vaine surmise For king William having compounded with the â—anes began extreamely to hate the English Nobles and with full resolution of their destruction â—â—ddenly set upon them apart which he durst not attempt when they were united so that * See Hâ—ntindon Hist l. 7. p. 369. Mat. Paris Hist p. 6. sâ—aying â—ny imprisoning others and persecuting all of them with fire and sword well was he that could â—e first â—â—ne Such little faith or assurance is there in the solemne Oathes and Protestations of Kings to â—â—eir Subjects which are seldome really performed and intended onely as snares to intrap them if â—â—ey confide and rely upon them without any better security The forme of the kings Coronation â—er since Edward the a hath beene this and is thus administred p Magna Charta Printed Cum Privilegio London 1558. part 2. f. 16â—â— Iudamentum Regis quando coronaâ—uâ— Remonstrance Nov 2. p. 25. to 38. The Metropolitan or Bishop â—â—at is to Crowne the King with a meane and distinct voyce shall interrogate him if he will confirme with an â—ath the Lawes and customes granted to the people of England by ancient just and devout kings towards â—od to the samepeople and especially the Lawes and Customes and Liberties granted by glorious King Edward to the Clergie and People And IF HE SHALL PROMISE that he will assent to all these â—et the Metropolitan or Bishop expound to him what things he shall sweare saying thus Thou shalt â—epe to the Church of God to the Clergie and people Peace intirely and concord in God according to thy â—â—wer The king shall answer I will keepe it Thou shalt cause to be done in all thy judgements equall â—dright justice and discretion in mercy and verity according to thy power He shall answer I will doe it â—â—ou grantest just Lawes and Customes to be kept and thou dost promise that those Lawes shall be protected â—d confirmed by thee to the honour of God QUAS VULGUS ELEGERIT which the people shall â—se according to thy power He shall answer I doe graâ—t and promise And there may be added to â—e foresayd Interrogations what other things shall be just All things being pronounced he shall confirme that he will observe all things with an oath upon the Altar presently taken before all There â—ath beene a late unhappie difference raised betweene the q See the Parliaments Remonstrance of the 26. of May. p. 9. His Majesties Answer thereto p. 16. 17. and the Parliaments Reply Nou. 2. p. 2â— to 38. king and Parliament about the word ELEGERIT the Parliament affirming the word to signifie shall chuse according to sundry written â—oles and Printed Coppies in Latin and French the King on the contrary affirming it should be â—â—th chosen But he that observes the words of the ancient Oathes Populo tibi commisso rectam â—â—liciam exercebis malas leges iniquas consuetudines si aliquae fuererint in Regno tuo delebis bonas servabis all in the future tence and the verbes servabis Facies fierâ— protegendas corâ—oborandas in â—e former and same clauses of the Oath now used all of them in the future with the whole Scope â—tent and purport of this part of the Oath must necessarily grant shall chuse to be the true reaâ—ng and that it referres to the confirmation of * Iudge Huttons Argument against Ship-money p. 32. determines so future Lawes to be afterwards made in Parliament not those onely in being when the Oath was administred else kings should not be obliged by their â—athes to keepe any Lawes made after their Coronations by their owne assents but onely those â—â—eir Predecessors assented to not themselves which were most absurd to affirme From these severall Oathes and Passages the usuall forme of the Nobles proclaiming such and â—â—ch Kings of England with other r Page 4. â—â— forecited Histories it is apparant First that Popish Parliaments Peeres and Subjects have deemed the Crowne of England not meerely successive and heâ—ditaâ—y though it hath usually gone by descent but arbitray and elective when they saw cause maâ— of our kings comming to the Crowne without just hereditarie Title by the Kingdomes Peeres â—d peoples free election onely confirmed by a subsequent Act of Parliament which was then reâ—â—ted a sufficient Right by vertue whereof they then reigned and were obeyed as lawfull kings â—d were then and yet so acknowledged to be their Right by Election of their Subjects being seldome or never adjudged an illegall usurpation in any Parliaments whence the statute of 1 E. 4. c. 1. â— d â— E. 4. â— 2. declare king Henry the 4. 5. and 6. to be successively kings of England indeed and not right yet not usurpers because they came in by Parliament Onely Richard the third who treacherously murthered Edward the 5. his
Soveraigne and violently usurped his Crowne at first before any Parliament â—â—ve it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaughâ—â— in Bosworth field was declared an usurper by Act of Parliament 1. H. 7 c. 6. and so adjudged to by 1 E. 4. c. 1. 8. H. 7 c. 1. 9. E. 4. f. 1. 2. and Henry the 7. had the Crowne set upon his head in the â—â—ld by my Lord Standly as though saith s Page 8 â— â—â— Grafton he had beene elected king by the voyce of the people â— in ancient times past in divers Realmes it hath beene accustomed Secondly that those kings who have enjoyed the Crowne by succession discent or election have still taken it upon the condition and covenants conteined in their Coronation Oathes which if they refused to sweare to the Peeâ—â— and people really and bona fide to performe they were not then to be crowned or received as kings â—â— adjured in the name of God to renounce this dignity And though in point of Law t Cooke 7. Report f. 10. 11. Calvins case Marâ—il Patauinus Defen Pacis pars 2. c. 25. those who enjoy â—â— Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent * Littleton sect 378. 379. Cookes Instit Ibid. f. 232. 233. 234. Condition in Law contained in their Coronation Oathes which impose no new but onely ratifie the old conditions â— separably annexed to the Crowne by the Common Law ever since Edward the Confessors dayes if not â—â—fore as the Oathes of all our kings to their people really to performe thâ—se Articles and Condition fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the kiâ—â— pleasure to take or refuse them if he will but necessary and inevitable by the Law and constâ—â—â—sage of the Realme yea of all v Baldus Proaem de Feud n 32. Dr Crakenth defence of Constantine p. 163. to 175. Grimst Imperiall Hist p. 653. Christian kingdomes whatsoever which prescribe like Oathes to tâ—â— kings From all which I may firmely conclude that the whole Kingdome and Parliament are â—â— Supreame Authoritie and Paramount the king because they may lawfully and doe usually prescrâ—â— such conditions termes and rules of governing them to him and binde him by Oath faithfully to perfoâ—â— the same as long as he shall continue king which oath our kings usually tooke or at least faithfuâ—â— promised to take to their Subjects in ancient times before ever they did or would take an Oath â— fealty homage or Allegiance to them as the premises evidence Claus Rot. 1. R. 2. M. 44. Tenthly Our Parliaments and kingdome anciently in times of Popery and Paganisme â—â— both challenged and exercised a Supreame power over the Crowne of England it selfe to transfeâ—â— it from the right heire and setled it on whom themselves thought meete to elect for their King â—â— likewise to call their Kings to an account for their misgovernment and breach of Oath to the prejudice of their people so farre as to article against them and either by force of Armes or a judicâ—â— sentence in Parliament actually to depose them and set up others in the Throne as many * See Fortescue c. 12. to 15 Iohan. Mar. de Rege Regis Instit l. 1. â— 7. 8. 9. foreciâ—â— presidents together with the examples of Archigallo and Emerian two ancient British Kings and Edwin King of Mercia deprived of allhonour and Kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression misgovernment and vicious lives and others elected and made Kings their places evidence which Acts of theirs they then reputed just and Legall Those Parliament then and Nationall Assemblies which have thus disposed of the Crowne and Kings themselves and exercised such jurisdiction over them must certainely be above them and the highest Soveraingâ— power True it is our Protestant Peeres Commons and Parliaments never challenged nor exercised such jurisdiction and I presume they will never doe it However it is neither honourable nâ—â— safe for Kihgs and the most destructive policy their ill Counsellours can suggest unto them so faâ— to oppresse their Subjects or exasporate their Parliaments as to provoke them to use the extremity x See p. 4. 5. 6. their power and revive dead sleeping presidents the consideration whereof when they were fresh mâ—â— succeeding Kings more just and moderate in their governments and reclaimed many Vitious and Oppressâ—â—â— * See Mat. West Jeofry Monmouth Polych Fab. Graft Holin Speed in their lives Princes as Archigallo and others witnes for their reliefe We know what Solomon saith y Eccles 7. 7. Surely â—â—pression maketh a wise man mad and if Kings or their evill Instruments shall so farre mad their Subject and Parliaments either by oppressions rapines misgovernment destroying making warre upon them putting them out of their protections as to make them cry out as they did against King Iohn z Mat. Par. p. 264. 265. 268. Grafton p. 111. 112. Bishop Bilson part 3. p. 480. Rex Iohâ—nes factus est de Rege Tyrannus imo de homine in â—estialem praerumpens feritatem Veâ— tibi Iohanni Regâ— ultime Anglorum Principum abominatio Nobilitatis Anglicanae confusio Heu Anglia vastata â— plius vastanda c. Whereupon presently ensued a Nolumus hunc regnare Tandemque decretum â— ut aliquem potentem in Regem eligerent per quem possint ad possessiones prisâ—inas revâ—cari credentes â— nuâ—lus Iohanne peior vel durior possit dominari tale miserabile statuentes argumentum Fortuna miserima tuta est Nam timor eventus deterioris abest Cumque aliquandiâ— quem eligerent â—aeâ—itâ—ssent demum in hoc pariter consensâ—runt ut Ludovicum filâ—â— Philippi Regis Francorum sibi praeficerent ipsum in Regem Angliae sublimâ—rent Which they did King Iohns their owne and the whole kingdomes great prejudice We know what the ill advise of Râ—â— boams rough young Counsellors produced 2 Chron. 10. And the King answered the people roughly â—â— the advice of the young men saying My father made your yoake heavie but I will adde thereto â— * See 2 Chro. 10. 11. father chastised you with whips but I will chastise you with scorpions And when all Israel saw that â— king would not harken unto them the people answered the King though he came to the crown by succeâ—â— on saying What portion have we in David and we have none inheritance in the Son of Iesse every maâ— your tents O Israel and now David see to thine owne house So all Israel went to their tents and eleâ—â— Ieroboam for their King and fell away from the house of David to this day being never after united to â— but continuing a distinct Kingdome from it wherefore the best policy Kings can use to perpetuate their Thrones to them and their Posterity is to â—â—â—at their Subjects so
by Parliament and violently pâ—t to death though the Kings highest Officer and darling Minions o Walsingham Holinsh Speed Grafton Stow in 11 R. 2. c. 1. 6 7. Froysards Chron. part c. 97. Michael De La Pole wiâ—h other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peereâ— in Parliament together with Trisilian Belknap and their fellow Judges who misadvised him in point of Law p Hall Stow Speed Holinsh Grafton Fox in H. 6. Humphâ—ey Duke of Glocester Protector to King Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered q Hall Holi Grafton Stow in H. 8. Cardinall Wolsey that powerfull favourite â—o King Henâ—y the eight accused and put from his Chancellorship and other Offices by the Parliament r Fox Speed Holinshed Stow Grafton in Ed. 6 The Duke of Sommerset Lord Protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Depuâ—y of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our Stories and Records Nay Queenes themselves have undergone â—he censures of Parliament of which we have sundry precedents in Å¿ See Fox Hall Speed Holinshed Grafton in his life 28. H. 8. c. 7. p. 35. p. 8. c. 1. King Henry the eight his Reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to mention the Parliaments Soveraigne Power and Jurisdiction t Matth. Paris p. 560. 562. 933 934 935. Speed p. 750. Grafton p. 188 189. 240 241. 221 222 223. The severall Acts for Subsidies and Rastal Warre Truce Armes Money Mint Musters Taxes Tonnage Poundage The Parliaments two Remonstrances concerning the Militia Câ—oks Instit on Artic Super Chartas in Making or proclaiming warre or Peace in which they have oft tiâ—es not onely advised but overswayed the King in creating the highest Officers in Ordering the Militia of the Kingdome by Sea and Land by setled Lawes of which more an on or in ordering the coyne and Money of the Land together wâ—th the Mint or designing how the Subsidies and Aydes granted by them to the King shall be disposed of to the Kingdomes use of which there are sundry precedents All which are strong See Bodines Commen wealth l. 1. c. 10. evidences of its Soveraigne Authority together with the Acts concerning his Purveyance and all Revenues royall Nor yet to remember this infallible Argument to prove Kingdomes greater and more valuable then Kings that Kings as publique Servants to their Realmes ought to hazard their lives for their Kingdomes safety and preservation as many have done in waâ—â—es against enemies but never ought the whole kingdome to be lost or hazarded to preserve its Kings Pâ—erogatives that of John 11. 48 49 50. and chap. 18. 14. being an undoubted rule in Divinity and Policy * That it is expedient that any one man though a King should dye for the people that the whole Nation perish not rather then the whole Nation dye for him There is one cleare Demonstration yet remaining to prove the Supreame power of Parliaments above Kings themselves which is this That it is the highest Court and power to which all x See Sir Thomas Smiths Common wealth l. 2. c. 1. 2. Holinsheds Description of England c. 8. p. 173 and Chronicles of Ireland p. 127. to 130. Cromptons Jurisdiction Appeales are lastly and finally to be made from all other Courts and Judges whatsoever yea from the Kings owne personall resolutiâ—ns in or out of any other his Courts and such a transcendent Tribunall from whence â—here is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous judgement be given in the Kings Bench Exchequer Chamber Chancery Court of Wards or any other Court within the Realme or in the Parliament in Ireland it is finally to be reversed oâ— determined in Parliament by a Writ of y 1 H. 7. 1. Br. Parliament 92. 98. Error 65 88. 137. See Ash Error 65 66 67 68 70. Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Delegates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediabâ—e in this High Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any judgement it is not so obligatory or finall but that the party against whom judgement is pronounced may appeale to the Parliament for reliefe But if the Parliament give any judgement There * See 22 E 3. 3 Error 8. 8 H 4. 12 13 can be no Appeale to any higâ—er Tribunall Court or Person no not to the King but onely to the next or some other Parliament as is evident by experience by all z 21 R. 2. c. â— to 15. 1 H. 4. c. 2 3 4. 8 H. 4. 12 13. See 1 Mariae c. 1. 1 Eliz. c. â— 3. 21 Jac. c. 28. And all Acts for restitution in blood of Persons Attainted and Acts of repealing Sâ—atutes Bracton l. 1. c. â— Attainders of Treason by or in Parlâ—ament by all inconveent and unjust Actâ— passed in Parliament which concerne either King or Subject Which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter fâ—om the King but onely by an Act of repeale or restitution in bloâ—d by another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to wâ—om the last appeale is to be made is the Supreamest power as the a See Ashes Tables Error 65 66 67 68 69 70. Kings Bench is above the Common Pleas the Escâ—equer Chamber * See Matthew Paris p. 268. Legimus quod multi alâ— Reges imo Reguli usque ad mortem dimicaâ—unt c. above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a b Bodin l. 1. c. 10. Summa Angelicâ— Rosella Tit. Appellatio Lindwood lib. 2 de Appellationibus Fox Acts and Monuments Vol. 1. p. 448 449. 452. 506. 24. H. 8. c. 12. All Papists and Protestants
Kings eldest sonne was created Duke of Cornwall by Parliament which then also entailed the Dutchy of Cornwall upon the eldest sonnes of the Kings of England See 21 R. 2. c. 9. * 7. H. 4. c. 2. Hals Chronicle 1. H. 4. f. 10. 15. Fabian parâ— 7. p. 376. Speed p. 763. King Henry the fourth the â—etâ—er to assure the inheritance of the Crownes and Realmes of England and France to him and his posterity caused them by a speciall Act of Parliament in the first yeare oâ— his raigne to be entailed and setled on himselfe and the heires of his body begotten and Prince Henry hiâ— eldest sonne to be established pronounced ordained and decreed heire apparant to him and to succeed hiâ— in the said Crownes and Realmes to have them with their appurtenances after the Kings death to him anâ— the heires of his body begotten And if he should die without heire of his body begotten then to remaine to thâ— Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lorâ— Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for tâ—â— avoyding for all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and â—e plenteously served of all things necessâ—ry both for viande and apparell and if any persons should presume to reare warre or congregate a multitude â—o deliver him out of prison that then he should be the first that should die â—or that sediâ—ious commâ—tion Which King Richard as * Fabian part 7. p. 373. Sir John Bâ—got by his Bill exhibited to this Parliament averred hâ—â— divers times at sundry Parliaments in his time holden said that he would have his intent and pleasurâ— concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde bâ— would by one meanes or other bring him out of his life And further said to him at Lichfield in the one â—â— twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons haâ—â— him in â—s great awe and dread as ever they had of any his Progenitors so that it might be chronicled of him that none passed him of honour and dignity with condition that he were deposed and put â—â—rom his said dignity the next morrow after So wilfull was he as to preferre his will before his Crowne or safety n Hall An. 38. 39. H. 6. f. 176. to 183. Fabian Anâ—o 1441. p. 470. Grafton p. 643. to 648. Holins Stow Howes An. 1440 144â— In the yeares 1440. and 1441. Edward Duke of Yorke came into the Parliament House anâ— there in a large Oration laid claime and set forth his Title to the Crowne of England which King Heâ—ry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene theâ— both â—ides submitting to their resolution as the proper Judges of this weighty royall controversie After lonâ— debate and consideration of the case among the Peers Prelates and Commons of the Realme it wâ—â— finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yeaâ—â— and more that he shâ—uld enjoy the name and title of King and â—ave pâ—ssessiâ—n of the Realme during his nâ—turall life And if he either died or resigned or FOR FAITED THE SAME for breaking â—â— part of this concord then tâ—e said Crowne and authority royall should immediately descend to the Duke â—â— Yorke King Edward the 4. his Father if he then liveâ— â—r else to the next heire of his line And that the sâ— Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the Kiâ—â— did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the deâ—â— of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke Tâ— TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed â— swore to and then caused them to be enacted Loe here we have these two Kings submiting their Titles â— the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraigâ— Judge betwene them who settled the Crowne in this order under paine of â—orfeiting it by Kiâ—â— Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in â—â— full age as o Historia Angliae p. 458. Parliamentum fuit câ—nvâ—catum in quâ— Parliamento ex assensu omnium Statuum idem Dux Defensor seu Protector Angliae fueraâ— nominaâ—us ordinaâ—us omniaque Regni offâ—cia beneficia ejus dispositioni sunt commissa Walsingâ—am informes us a Parliament câ—nstituted Duke Humsry to be protector of hiâ— and hâ—s Kingdome of England and the Duke of Bedford to â—e Regent of France during his minority whâ— exercised all regall power by vertue of that authority which the Parliament derived to them Aâ—â— this in these two Kings reignes p See Grafton p. 691. 692. Speed p. 869. 878. 859. 886. 1. E. 4. c. 1. 17. E. 4. c. 7. the Crown and its descent were variously setled by Parliament as I haâ—â— formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it â—â— akered or reversed by another Parliament King q Speeds Hist p. 928. 931 Richard the third comming to the Crown by usurpâ—tion to strengthen his Title procured the Lords and Commons to passe an Act of Parliament where in thâ— declare him to be their lawfull King both by election and fuccession entaile the Crowne upon him and the heiâ—â— â—f his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in â—he royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teachâ—th that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled â—n Parliament and by the Authority of the â—ame makes before all other things most faith and certainty and â—uieting of mens mindes removeth the occasion of all doubts and seditious language r Halls Chro. 1 H. 7. f. 855. Henry the seventh afâ—erwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to setâ—le the inheritance of â—he Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace â—f God so to endure and on none
other and all attainders and Acts against him by Edward the fourth and King Richard s Grafton p. 856. this Parliament annibilated After him King Henâ—y the eighth to ratifie his divorce from Queâ—ne Katherine caused it to be confirmed and his t Sp. p. 1028. Marriage with her to be utterly dissolved by Act of Parâ—iament and by u 25 H. 8. c. 22. 26 He. 8. c. 13. 28 H. 8 c. 7. 35 H. 8. c. 5. See Hall sundry Acts ratified his subsequent Marriages and setled the descent of the Crowne to â—is posterity somewhat different from the course of the Common Law which Statutes were afterwards altered â—nd the descent of the Crowne setled by other speciall Bils in Parliament both in x 1 Mar. c. 1. Parliament 2. c. 1. 2. 1 Eli. c. 3. 13 Eliz. c. 1. Queene Maries and Queene Elizabeths Reignes Whose Titles to the Crowne were setled and in some sort created by the â—arliament By the notable Staâ— of 13. Eli. c. â— worthy reading for this purpose it is made no lesse then high Treason â—o affirme That the Queene WITH and BY THE AUTHORITY OF THE PARâ—IAMENT of England is not able to make Lawes and Statutes of sufficient force and validity to binde liâ—it restraine and governe all persons their Rights and Titles that in any wise may or might claime any interest or â—ossibility in or to the Crowne of England in possession reâ—ainder inheritance succession or otherwise howsoever â—nd all other persons whatsoever King Edward the sixt Queene Elizabeth and other our Princes holding â—heir Crownes by a Parliamentary Title rather then by the course of the * See Cooks Institut Littlei f. 15 16. Common Law which this â—tatute affirmes the Parliament hath power to alter even in case of descent of the Crowne It is observable that the Statutes of 25 H. 8. c. 22. 28 H 8. c. 7. and 35 H. 8. c. 1. doe not onely Nulâ—â—fie some of this Kings marriages and ratifie others of them declaring some of his issues legitimate and herediâ—ble to the Crowne others not and appoint the Queene if living to be Protector of the infant King or Queene â—at should inherit the Crowne or such of the Lords as the King by his last will should designe But likewise preâ—cribe strict Oathes for every Subject to take to maintaine the Succession of the Crowne as it is limited â—y those Acts which Oathes for any to refuse is made high Treason or to write or speake any thing aâ—ainst the Succession of the Crowne as it is therein limited And withall they derive a plenary authority â—â— the King who thereupon * 35 H. 8. c. 1. acknowledgeth the great trust and confidence his loving Subjects had in him â— putting in his hands wholly the Order and Declaâ—ation of the Succession of this Realme by his Letters Patents â—der his Seale or his last will in writing signed with his â—and for laâ—ke of issue lawfully begotten of his boâ—â— to * 28 H. 8. c. 7. 35 H. 8. c 1. give limit assigne appoint or dispose the imperiall Crowne of the Realme to what person or persons â—d for such estate in the same and under such conditions as it should please his Majesty The Parliament therein â—omising by oâ—e common assent to accept take love dread and obey as their legall Governours and Supreame â—ads such person or persons onely as the King by auâ—hority of those Acts shâ—uld give the Crowne unto and â—olly to stâ—cke to them as true faithfull Subjects Provided that if any of his Children or Heires afterward â—d usurâ—e one upon the oâ—her in the Crowne of this Realme or claime or challenge the said Imperiall Crowne â—â—erwise or in any other course forme degree or condition then the same should be given disposed or liâ—ted unto them by the King by verâ—ue of those Acts. Or if any person or persons to whom it should please â—â— King by authoâ—ity of those Acts to dispose the said Crowne and Dignity of this Realme or the Heires of any â— them should at any time hereafter demand challenge or claime the Crowne of this Realme otherwise or in â—y other course forme degree or condition then the same should be given disposed and limited unto them by â—â— King by verâ—ue and authority of these Acts That then all and singular offenders in any of the premises â—ntrary to these Acts and all their Abettouâ—s Maintainers Factours Counsellours and Aiders therein shall be â—emed and adjudged HIGH TRAYTORS TO THE REALME and that every such â—ence shall be accepted reputed and taken to be high Treason and the offenders therein their ayders c. â—â— every such offence shall suffer such judgement paiâ—es of death losses and forfeitures of Lands Goods and Priâ—ledges of sanctuary as in any cases of high Treason And over that as well the Kings said Heiâ—es and Children every such person and persons to whom the Crowne should be limited as aforesaid and eâ—ery of their Heires â—â— every such offence above specified by them or any of them to be committed shall lose and forfeit as well all such â—ight Title and interest that they may claime or challenge in or to the Crowne of this Realme as Heires by â—scent or by reason of any gift or Act done by the King for his or their advancement by authority of those Acts by any manner of meanes or pretence whatsoever And the Statute of 35. H. 8. c. 1. which entailed the Crowne upon Queene Mary after Edward the 6. his decease without issue hath this proviso That if the said Lady Mary doe not keepe and performe â—â— conditions as King Henry by his Letters Patents or last Will in writing should hereafter declare and limit â—â—â— said estate in the Imperiall Crowne That then and from thenceforth the said Imperiall Crowne shall beâ— come to the Lady Elizabeth and the heires of her body lawfully begotten in such like manner and forme aâ— thâ—â— the said Lady Mary were then dead without any â—eires of her body begotten any thing in this Act contained â— the contrary notwithstanding And the like proviso there is for Queene Elizabeth That if she performe not â—â— like conditions limited as aforesaid to her estate in the Crowne That then the said Imperiall Crowne shall â— and come to such person or persons as the King by his Letters patents or last will shall limit or appoint By â— which Acts worthy reading and consideration the Parliaments Supreame power of setling and disposing the descent and inheritance of the Crowne and giving Authority even to the King himselfe to â—â—pose of it upon condition on paine of forfeiture as aforesaid which the King alone had no right nor poâ—er at all to doe will easily appeare to the most malignant Spirits In the first y â— Jac. c. 1. Parliament of our late King James the first Bill then passed was an acknowledgemâ—â— and confirmation of his immediate lawfull and undoubted succession and right to
the Crowne of England â— the next and onely heire of the blood Royall to whom of right it descended which Dolman the Priest and soâ— Jesuites opposed in Printed seditious Bookes So the z â— Mariae Parl. 2. c. 2. Articles of Queene Maries marriage with Kâ— Philip were limited appointed and ratified by Parliament And the Imperiall Ecclesiasticall Juâ—diction usurped by the Pope and Prelates hath likewise by a 25 H. 8. c. 19. 21. 26 H. 8 c. 1. 3. 27 H. 8. c. 10. 28 H. 8. c. p. 16. 32 H. 8. c. 22. 24. 29. 31 H. 8. c. 10. 14. 3â— H. 8. c. 29. 34 35 H. 8. c. 17. 19. 35 H. 8. c. 1. 3. 1 Eli. c. 1. 1 E. 6. c. 2. 1 Mariae c. 1. Parl. 2. c. 1. 8 El. c. 1. sundâ—y Statutes beene restored and united to â—â— Crowne and the Title of Supreame head and Supreame Governour in all causes and over all persons Spiriâ— all Ecclesiasticall and Temporall seiled upon our Kings and Queenes Who during their minoriâ—ies have â—â— Guardians and Protectors appointed to them by b Walsingham Hist Angl. H. 5. p. 458. Speed p. 1 108. 28 H. 8. c. 7. 17. 1 E. 6. c. 11. Hals Chronicle 1 H. 6 Parliament to summen Parliaments assent to â—ils and exâ—cute all royall Jurisdiction in their names and steads And aâ— the Title and Right to the Crowne of Englanâ— and the Jurisdiction thereof hath thus from time to time beene decided and setled in and by our Parliâ—ments so hath the Title and Jurisdiction of the Crowne of Scotland beene c Hist Angl. p 16. to 26. 31. to 33 42. 46. to 56. See Holin Grafton Stow Speed in the life of Edward the first â—podigma Neust p. 72. to 96. frequently discussed aâ— setled in our Parliaments upon appeales made to them by the Kings of Scotland and their Corrivals to that Crowâ—â— Witnesse the famous case and competition for that Crown long agitated and resolved in Parliament betweene â—â— King of Norway Bailliol and Bruce to omit others in the Reigne of King Edward the first And â—â—â— King Edwards title to the Crowne of Scotland declared and resolved by our Parliament here All which â—â— Recorded at large by Thomas Walsingâ—am in the life of King Edward the first and in the Parliameâ—â— Rols and Pleas of his Raigne with d 1 Jac. 1. sundry other instances of this nature frequent in our Historian â— whâ—ch for brevity I pretermit It is a e 35 H. 8 c 1 cleare case without dispute that if the King should dye without any Heire the Crowne wouâ— ofcheate to the whole Kingdome and Parliament who might dispose of it in such a case to what persâ—â— they pleased or quite change that forme of government if they saw good cause no particular kinâ— of rule being so simply necessary by any divine right or Law to any state or Kingdome but that as it was â— first instituted so it may in such a case be changed by the whole Kingdomes generall consent upon suffâ—cient grounds This appeares by the case of * Elondus Decad 2. l. 2. Regin l. 2. An. 800 Biâ—â—op Bilson of Christ an Suâ—jection c. part 3. p. 423. Charles the grosse who being deposed from the Empire aâ—â— his Kingdomes for a mad man and dying without any Heire the Kingdomes which before were subject â—â— him Destitute of a right Heire began to fall in sunder on every side and to choose Kings of themselves of anâ—ther Family France elected Charles a childe sirnamed Simple for their King and after his simplicâ—ty displeased them they Crowned Otho Sonne of Robert Duke of Saxony in his place At the same timâ— the people of Italy meaning to have a King of their owne could not agree on the matter but some choâ— Beringarius others Guido and so had two Kings in Italy both calling and bearing themselves as Empâ—rours And the Germanes elected Arnolph Duke of Bavaria for their Emperour Thus * Zonas Annal. Tom. 3. f. 1 26. Grimstons Imperiall History p. 303. Zeno the Emperour dying without any Heire that might succeed him Anastasiuâ— a man of great reputation yet of no Noâ—â— Family was chosen his Successor by the Senate and Legions The like we read of divers other Emperouâ— deâ—easing without Heire of some of our Saxon and British Kings before the Conquest and of otheâ— in other Kingdomes where the Crowne hath beene translated from one family to another by the Kingdomes consent for want of Heires Yea Bishop Bilson 1 The true difference betweene Christian Subjectioâ— and unchristian Rebellion part 3. p. 418. to 422. himselfe though a great Royalist poâ—â—tively affirmes That if a King or right Hâ—ire to any Crowne be borne or becomes a naturall Foole or starâ—mad or run besides himselfe so that he is not able to governe himselfe much lesse his Realme in these â—â— cases ANY REALME BY PUBLICKE CONSENT and ADVICE MAâ— CHUSE ANOTHER KING for what should he doe with a royall Office or by what dâ—vine or humane right can he enjoy a Crowne who is utterly unable to manage it Upon this grounâ— 2 See the generall History of France in his life Sabellicus Ennead 8. l. 8. â— 245 Nâ—uclâ—rus vol. 3. gen 20. Blondus Decad. 1. l. â—â— Aventinus l. 3. p. 293. to 300. Gaguinus l. 3. in Carolo. Mâ—rt Herman Scheâ—â— Chron. Aetas 6 f. 185. King Childericke was deposed by his French and German Subjects generall consents because he was â— â—e a Sot a Beast unable to governe his Kingdome and Pepin of another race elected and crowned King in â—stead which act by Pope Zacharies resolution was adjudged both just and lawfull even in point of â—science before it was put in execution So 3 Goâ—fredus Viterbiensis Chro. pars â—â— col 468 Regino l. 3. An. 887. H. Mutius Germ. Chr. l. 12 Grimstons Imperial History p. 404. Charles the third the last Emperour of Pipins race â—â— deposed from the Empire by the Princes Dukes and Governours of the Provinces of Germany and â—â—ce for that he became foolish and unfit to governe being bereaved of his senses and by common consent â—â—olph was elected Emperour in his stead Thus 4 Euagrius Eccl. hist l. 5. c. 11. 13 Zonaras Annal. Tom. 3. f. 150 151. Eutropius l 16. p. 211. Justinus the second falling into a frensie and madnesse â—hat he had no sense nor understanding of any thing that was done was removed and Tiberius placed â—he Empire at his Coronation Justinus used this notable speech Let not the glory of these Imperiall â—â—es leade thee into errour neither be thou de ceived with the glorious shew of such things as are subject unto the â—â—s wherewith I my selfe now alâ—s being snared have brought my selfe foolishly into grievous torments â—refore in governing the Empire with great moderation and mildnesse of spirit redresse what is amisse and corâ— what I have leudly committed And pointing at his ill Counsellours with
That they l Bracton l. 2 c. 16. f. 134. â— Fleta l. 1. c. 17. are above the Kiâ—â— and may and ought to restraine and question his actions if there be cause Secondly Bracton explaines himselfe how he is highest and without a Peere to wit In m Parem autem habere non debet nec multo forâ—â—us superiorem maxime in justitia exhibenda licet in justitia recipienda minimo de regno suo comparetur l. 3. c. 9. f. 167 a. distribuâ—â— Justice that is he is the highest Justiciar in the Kingdome but as small as any in receiving justice Thirdly Even in Parliament it selfe the King is the Supreme Member and in that regard the Parlâ—ment in most Acts and in all Petitions or Addresses usually stiles him n See Bodines Commonwealth l. 2. c 1 p. 192. the like of the Parliaments in France Their Soveraigne Lord Bâ—sides the Parliament it selfe is ever o See Modus tenendi Parliamentum Câ—mb Brit. p. 177. Crompt Juris of Ceurts f. 1. to 6. Sir Tho. Smithâ— Common-wealth l. 2. c. 2. 3 Hol. Descâ—â—p of England c. 8. Cowel Minsh Tit. Parl. Mr. Hack. manner of passing Bils sect 8. summoned dissolved by his wâ—it in his name by his Authority Aâ— in passing all Acts and Bils of Grace or such as are not simply necessary for the publicke safeâ—y and â—â—liâ—y of his people He hath an absolute negative voyce and his Royall assent is simply necessary for the passing ofâ— binding Lawes In which respects he is and may be truely said to be above the Parliament it selfe and â—â— onely supreme Governour but yeâ— in the forenamed respects the Parliament may be truely said to be Pâ—â— mount him and the highest power Fourthly The Oath of Supremacy That the King is the onely Supreme Governour relates onely or pâ—â—cipally to the Popes and foraine Princes authorities formerly usurped in this Realme as the Title Woâ—â— and scope of the Statute of 1. Eliz. c. 1. and the very next words in the Oath of Supremacy manifâ—â— and that NO FORAINE Power person Prelate State or Potentate hath or ought to have any Jurisdiâ—â—on power SUPERIORITY PREHEMINENCE or Authority Ecclesiasticall or spiriâ—â— within this Realme and therfore I do utterly renounce and forsake ALL FORAINE Jurisdictions â— Therefore it refers not at all to Parliaments or their Jurisdiction Power Superiority Preheminenâ—â— Authority not so much as once thought of by the prescribers of this Oath which had its Authority â—â—â— the Parliament and made some addition to the Kings Prerogative Fifthly p Common w. l. â— c. 9. l. 2. c. 5. Bodine and others as I shall hereafter manifest assure us that the Soveraâ—â— power and jurisdiction both in the Roman and German Emperours and most foraine Christian Kingdoâ—â— was and yet is in the Senate people Parliaments and Dyets yet this is no empeachment at all to their Suprâ—â—cies no more then the asserting of generall Councels to be above Popes themselves by the learnedâ—â— Papists is â— derogation as they hold it is not to the Popes most absolute pretended Soveraignty q See p. 2 3. above all Emâ—â—ours Kings Princes Prelates Subjects aâ—d the world it selfe of which they affirme him sole Monarch Thâ—â—fore by the selfe-same reason this asserting of the whole Kingdomes and Parliaments power to be abâ—â— the Kings is no diminution at all much lesse a denyall of his Supremacy and just Prerogative Râ— all If then the Parliaments power be thus higher and greater then the Kings personall power and Juriâ—â—ction out of Parliament it will necessarily follow from hence First That in these unhappy times of division and separation of the Kings personall presence not â—gall which cannot be severed from the Parliament the Lords and Commons Orders Votes and Oâ—â—nances made legally in Parliament it selfe are to be preferred obeyed by all the Kingdome before â— his Majestiâ—s Proclamations Declarations Commissions Warrants or Mandates made illegally out of â—â—liament in affront of Both Houses proceedings and Decrees since when ever two disâ—â— powers command different things that aâ—e lawfull or of the same nature the higher power ought â— to be obeyed As if a Master commands his Servant one thing and the King another or the King â—ne â—â— God another the King is to be obeyed before the Master because the Superiouâ— power but God before the Kâ— because the highest power as the r See Gratian causa 11. quaest 3 wher he quotes 〈◊〉 Hier. Isiâ—dor to this purpose Fathers and Canonists resolve most fully Yea the Parliament being the highest power the King himselfe ought to submit thereto and â—â—â— ruled and advised thereby This conclusion though it may seeme a paradox to most men is an undâ—â— table verity both in point of Divinity and Policy as is most apparent by the 1 Saâ— 14. 38. to 46. anâ— 29. 1. to 11. 2 Sam. 18. 2 3 4. c. 19. 1. to 9. 1 King 12. 1. to 25. 1 Chron. 13. 1. to 6. 2 Chron. â— and 11. c. 30. 2 3. 5. 23. Esther 1. 13. to 22. Jer. 38. 4. to 28. Dan. 6. 4. to 20. Jonah 3. 7. Ezra 10. â— â—ccles 4. 13. Prov. 11. 14. c. 15 22. c. 25 5. compared together and with Josh 22. 11. to 34. Judges 20. â— to 20. and in point of Law and Conscience even in our owne Kings and Kingdome as is cleare by 20 â— 3. the Preface and c. 1. 25 E. 3. Parliament 6. the Statute against Provisors 38 E. 3. Stat. 2. c. 1 2. 3 E. â— c. 17. and 48. and other Statutes which I shall hereafter cite at large in answer to the fourth Objection â—hich Texts and Statutes those who will may peruse at leâ—â—ure for their better satisfaction And in Pauls â—me the highest Powers in Rome were not the Roman Emperours as ignorant Doctors make the unleared world beleeve but the Romane Senate who had full power not onely to elect and command but â—â—nsure and depose their Emperours and adjudge them unto death as * Commonw l. 2. c. 5. John Bodin acknowledgeth â—nd I shall hereafter abundantly manifest in the Appendix Secondly That the Parliaments resisting of the Kings personall Commands especially such as are ilâ—gall and destructive to the Kingdome or any private Subjects resisting them by vertue of a publique â—rdinance or Countermand from the Parliament is no resisting of the higher Powers against Pauls inâ—nction Rom. 13. 1. to 7. as Å¿ Resolution of Conscience sect 1 2. c. Revindication of Psalme 105 15. Printed at Cambridg 1643 Doctor Fearne and other ignorant Doctors vainly fancy but a direct â—bmission and obedience to the highest powers the Parliament and those who resist the Parliaments â—rdinances and Commands especially such as tend to the preservation of Religion Lawes Liberties â—iviledges of Parliament and the Kingdome or bringing Delinquents to condigne punishment though â—ey doe it by vertue of any extrajudiciall countermand from the King or his ill Counsellours
doe both â— point of Law Divinity conscience resist the highest powers because they resist the Parliament and â— shall receive damnation to themselves for it either here or hereafter if they repent not which I seriously â—sire all those Delinquents Papists Malignants ill Counsellers and Cavaliers to consider who conâ—ary to severall Orders and Declarations of Parliament yea contrary to the Law of God of Nature of the â—ealme have like unnaturall Vipers taken up offensive Armes against the Parliament and Kingdome to â—ine them with our Religion Lawes and Liberties at once Thirdly Hence it followes that the Resolutions and Declarations of the Lords and Commons in Parliaâ—ent the supremest Court against the Commission of Array Arming of Papists raising of Forces impoâ—g Taxes to maintaine Warre against the Parliament plundering and the like ought to be obeyed and subâ—itted to as lawfull and binding both by the King himselfe the Kingdome and every private Subject â—hatsoever and that the Kings extrajudiciall and illegall Declarations out of Parliament in direct oppoâ—ion and contradiction to the resolutions and Votes of both Houses in Parliament ought not to be obeyed â—e King himselfe as our Law Bookes resolve being no t 8 H. 4. 13. b. 24 H. 8. c. 12. 52 H. 3. c. 1. 25 H. 8. c. 21. Cookes 1 Institutes on Mag. Charta f. 103. See here p. 14. 34. competent Judge especially out of his Courts â—hat is Law or what not in those Cases but the Parliament onely Which extrajudiciall new device of conâ—olling affronting the Resolutions and Declarations of both Houses by opposite Proclamations and â—â—clarations published in his Majesties name is such a transcendent violation of and contempt against â—e knowne priviledge the sacred venerable Authority and power of Parliaments as I am confident â—â— age can parallell and if not severely vindicated by exemplary punishments of the highest nature upâ—â— those ill Counsellors and corrupt Lawyers who contrive and pen them will bring this Highest greaâ—st and most honorable Court wherein the u 31 H. 8. c. 1 1 Jac. c. 1. Dr. Student 44. a. whole Kingdome and every member of it are represented into â—eater contempt and lesse estimation with all men whether Natives or Forainers then the basest Court â—â— Pipouders is No King nor Subject ever yet attempted such affronts against the Resolutions of any Judâ—s in inferiour Courts Let no person whatsoever then presume by pen or tongue any longer to aâ—â—igne or traduce the Resolutions and Ordinances of this highest Tribunall If Kings or Counsellors of â—ate willinstruct or excite the Subjects peremptoâ—ily to disobey and contemne the Ordinances the â—udgements of the Parliament let them never expect the least obedience or submission to any of their â—wn commands which are of lesser credit and Authority Fourthly That the Parliament and whole Kingdome being the highest power or any Member of â—â—e Parliament cannot by any publicke Acts or Votes of theirs consented to in Parliament become Trayâ—â—s or guilty of high Treason against the King either by the Common Law oâ— the Sâ—atute of 25. Ed. 3. b page 4 5. â— 2 of Treasons which running in the singular number If A MAN c. that is any private man â— men by their owne private authority shall levy warre against the King c. it ought to be judged high â—reason extends not to the whole Kingdome or Court of Parliament representing it of which no treaâ—n was ever yet presumed and by this very act is made the Judge of all Treasons that are doubtfull being â—ver yet included within the words or meaning of any Law concerning Treasons and therefore cannot be â—ilty of it Hence the depositions of a Graf parâ— 6. p. 62 63. Galfredus Moâ—â—â— Fabiaâ— Polychr others Archigallo and Emcrianus two ancient British Kings by the unaniâ—ous assent of the Lords and Commons for their rapines oppressions and Tyranny with other forenamed Saxâ— Kings and of Edward the second Richard the second Henry the sixth Edward the fourth by Acts â—â— Parliament the creating of Richard the third King and the frequent translations of the Crowne from â—e right heire at Common Law to others who had no good title by the whole Kingdome or Parliament â—o lesse then c Bracton l. 2 Glan l. 2. f. 112 Myrror c. 1 sect 4. Britton c. 8. f. 16. c. 22. f. 39 25. E. 3. â— 2. See Rastal â—rote Staâ—â—f Crompt Dalton in their Titles Chapters of Treason high Treason in private persons was never yet reputed much lesse questioned or adjudged â—igh Treason in the whole Kingdome or Parliament or any chiefe active Members in these Parliaments which being above the King are uncapable of Treason for any their judiciall actions and resolutions in such cases being onely Tortious and Erroneous reversible by other Acts in Parliament not Trayterous and Rebellious as appeares by all the forequoted Statutes and by 13 Eliz. c. â— which makes it high Treason d page for any person to affirme That the Queene by Authority of the Parliament of England is not able to make Lawes e Walsingham Holin Graf Sto. Speed Martyn Fab. Polychro in 21 R. 2. 11 R. 2. c. 3 4. 21 R. 2. c. 12. and Statutes of sufficient force to alter limit and binde the Crowne of this Realme and the descent limitation inheritance and government thereof And for direct Authorities in this very point Robert Tresylian and Belknap then chiefe Justices Holt Fulthorpe and Burgh Judges Locton Kings Sergeant and Blake the Kings Counsell in the Parliament oâ— 1â— Rich. 2. were condemned executed and banished the Realme as guilty of high Treason onely for affirming under their hands and seales f See the particulars more at large in 21 R. 2 c. 12. That the Duke of Glocester the Earles of Arundell aad Warwicke were and that other Lords and Commons might be guilty of high Treason for procuring a Commission and other proceedings in Parliament and be punished for it as Traytors Which opinion of theirs being afterwards affirmed for Law in a packed Parliament 21 Rich. 2. was the very next Parliament in 1 Hen. 4. c. 2 3 4. repealed and the judgement given against those Judges for this Trayterous opinion tending to the utter subversion of Parliaments resolved and enacted to be just This g See 1 H. 4. c. 3. and here p. 13. Judge h Spee p. 747 Belknap foresaw and therefore was unwilling to put his Seale to this opinion Saying There wanted but a hurdle a horse and halâ—â—â— to carry him where he might suffer the death HE HAD DESERVED for if I had not done this â— should have dyed for it and because I have done it I DESERVE DEATH for betraying the Lords Which makes me wonder at a passage in i Hist p. 675 Speed who records it now frequent in Malignants moutheâ— That the very shop where the Barons originall Treasons were forged was THE PARLIAMENT HOUSE wherein from time to time they
forced on the King Edward the second presumptuous anâ— TREASONOUS ORDINATIONS not onely to reforme the Kings house and Counsell and tâ— place and displace all great Officers at their pleasure but even claim a joynt interest in the Regiment of the Kingdome together with the King which William Inge a Judge of the Common Law with other like sticklers trayâ—erously perswaded them was according to Law which grosse slander of the Parliament House would have beeâ— capitall at least in former ages and may now indanger the heads of those who speake or write the samâ— of the present Parliament Never did any of our Kings charge any Parliament with high Treason hither to much lesse indict or wage warre against the Parliaments as Traytors which questioned or deposeâ— them for offences against the Kingdome Let none then dare affirme that the Houses of Parliament are or can be Traytors now for providing for their owne and the Kingdomes safety Fifthly That to conspire or levy warre against the Parliament or Kingdome to dissolve or destroy it or the Members of it is no lesse then High Treason as hath beene solemnely adjudged in Parliament 15 E. 2. in the Act entituled Exilium Hugonis le de Spenser in 11 Rich. 2. c. 2 3 4. and in the Parliament Roll Printed by Order of both Houses August 27. 1642. And before both these in k Lib. 14. sect 112. Stamf. l. 1. c. 2. f. 1. b. and Cromptons Juâ—isdict f. 73. Glanvil who declares it to be Treason even at the Common Law Si quis machinatus fuerit vel aliquid fecerit in SEDITIONEM REGNI agreeable to l Instit l. ult Tit. 8. Vlpian and the m Tit. 3. Saxon Lawes which informe â—â— of Treasons against the Common-wealth and Kingdome the case of n Ciceâ—o Orat. in Catil Cateline and o Liv. hist l. 23. sect 17. others as well as against the King and to the Statute of 13 Eliz. c. â— which makes it High Treason for any person to stirrâ— up aâ—y Forainers or strangers with force to invade this Realme or Ireland And if it be no lesse then high Treason against the King to slay the Chancellour Treasurer or any of the Judges or Justiceâ— of either Bench Eyer Assizâ— or Oyer and Terminer being in their places doing their Offices though by the Kings command as is cleare by 25. E. 3. c. 2. and all our Law Bookes then much more must it be high Treason against the King and Kingdome to warre against the highest Court of Parliament or slay any member of it for doing theiâ— Offices and executing the Houses just Commands as I shall in due place more fully manifest In briefe the Gun powder plot in 3 Jacobi to blow up the Parliament House was then adjudged resolved by the Parliament * 3 Jac. c. 1 2. 4 5. in his Proclamations for apprehending those Traytors The proceedings against Traytors Spee hist p. 1248. to 1257. King and Judges to be high Treason not onely against the King but Parliamenâ— and Kingdome too and to blow up or assault the Parliament now in the Kings absence is question leâ—â— high Treason both against the King Parliament and Kingdome Yea the statute of 28. H. 8. c. 7. declares those Who shall claime the Crowne even of right in any other manner then it limited by vertue and authority of that act after the Kings death with all their Counsellors and abettors to be deemed and adjudged HIGâ— TRAITORS TO THE REALME not the King and such their offence to be repâ—ted HIGH TREASON and they for it to suffer such paines of death and forfeiture of Lands anâ— Goods as in any cases of high Treason is used And I read in * Par. 7. p. 186. Fabian that Eguiran chiefe Counsellor to Philip the third of France was judged to death and hanged on the Gibbet at Paris for Treason against King Philip and the REALME OF FRANCE as our powder Traytors were executed for high Treason against the King and Realme of England And by the Statutes of 5. R. 2. c. 6. II R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Sâ—a 2. c. 6. 1. Mariae c. 6. certaine offences are declared and made high treason and the committers of theâ— Trayters and enemies not onely to and against the King but likewise TO AND AGAINST THâ— REALME and in particular the illegall indicting of some Lords to destroy them as guilty of High Treason for procuring a Commission in Parliament supposed prejudiciall to the King and his Crowne 10 R. 2. c. I. and the opposing and annulling of that Commission and of some Processe Judgements Executions made given and affirmed in some of those Parliaments raising forces and leâ—ying warre against the Parliament and Members of it to destroy them were then * See Walsingh Holinshed Fabian Grafton Stow Speed in 10. 11. R. 2. 21. R. 2. c. 12. adjudged High Treason both against the King and THE REALME though done by the Kings expresse Commission and command The reason is because the King in judgement of Law * See here p. 20 21. 22. is ever legally present in and with his Parliament when they sit as I have already proved where ever his person is and his royall legall will of which alone the Law takes notice is ever presumed to concurre with his greatest Councell the Parliament against whose Priviledges safety and protection he neither can nor ought by Law or right to attempt any thing and if any personall Commands or Commissions of the King under his great Seale to doe ought against Magna Charta the Subjects liberty safety property the Parliaments Priviledges the Common or Statute Lawes of the Realme all which expressely prohibit the levying of warre killing wounding murthering imprisâ—ning disinâ—eâ—iâ—ing robbing or plundering of the Subjects without legall triall or conviction as dâ—e the Statutes of 2 R. 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers especially the Welshmen issue out to any person or persons whatsoever especially to raise forces on levie warre against the Parliament or Subjects they are meerely void in Law and will rather aggravate then extenuate the guilt of those who obey or execute them as is clearely resolved not onely by 42. Ass p. 5. 12. Brooke Commissions 15. 16. Cooke b. 5. f. 50. 51. l. 7. f. 36. 37. l. 8. f. 125. to 129. but likewise expressely adjudged and enacted by the Statutes of 15. E. 3. Stat. 1. c. 1. 3. 42. E. 3. c. 1. 3. 11. R. 2. c. 1. to 6. 21. Jac. c. 3. the Petition of Right 3. Caroli 28. E. 2. Artic super Chartas c. 2. 4. E. 3. c. 4. 5. E. 3. c. 2. 25. E. 3. c. 1. 15. 34. E. 3. c. 2. and generally byall Statutes concerning * See Rastals abridgement Tit. Purveyors Purveyors by the memorable old Statute of 25.
E. 3. Stat. 1. c. 3. If any Minister of the King or any other person of what condition soever he be doe or come against any point of the great Charter or other Statutes or the Lawes of the Land he shall answer to the Parliament as well as the SUTE OF THE KING as at the sute of the party AS FARRE FORTH WHERE â—T WAS DONE BY COMMISSION OR COMMANDEMENT OF THE KING as of his owne authority And by that parallel good Law recorded by * Part. 7 p. 376 Fabian made in Parliament in the first yeare of King Henry the fourth That no Lord nor other person of nâ— degree should after that day lay for his excuse as some then did any constraint or coacting of his Prince in executing of any wrong judgement or other criminous or unlawfull deeds saying that for feare they durst not otherwise doe for such excuse after this day SHALL STAND HIM IN NO STEED And in this Parliament * Fabian part 7. p. 342. 375. Hals Chron. 1. H. 4. f. 10. Grafton p. 408. Walsingham Hist p. 393. 402. Hall was judged to be drawne from the Tower of London unto Tiburne and there to be hanged and quartered which was accordingly executed only because he was one of those who secretly murâ—â— ered the Duke of Glocester at Calice illegally attainted of Treason in the Parliament of 21. R. 2. without due processe of the Law by King Richard the second his command and likewise the Dukes of Aumarl Surrey Exeter with other Noble men were deprived of their Dukedomes of most of their Lands Castles Honors for having a finger in this Dukes suffâ—cation and death by King Richards instigation and command and had lost their heads too if the common peopte had beene their Judges who murmured against King Henry for sparing their lives as you may read in * Histor p. 402. 403. Speed p. 763. Walsingham and Speed All which I would advise his Majesties Captainâ—s Cavalliers and ill Counsellors to consider The rather because all levying of warre either against the King or against the Kingdome and Parliament now made a matter of high Treason on both sides must and ought to be determined and resolâ—ed which of them is high Treason and which not and the parties guilty of it must and ought to be tried arraigned judged and condemned for it onely in and by the Parliament and in and by no other Court or Judges as is punctually resolved by the severall Statutes of 11. R. 2. c. 1. 2. 3. 4. 21. R. 2. c. 2. 3. 4. 1 2. 20. 1. H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treasons especially being a new case If then the Parliament are and must be the onely judges of this question Which of the two parties now â—n Armes are Traytors and the onely Court wherein all must be tried on this point they may easily judge who are and must be the Traytors in this case and those who by the Kings meere personall command and presence whom they have treacheronâ—ly withdrawne from his Parliament fight now both against Parliament and King in his legall and regall capacity when the time of triall comes will be found reall Traytors both to King and Kingdome what ever their owne ignorance temporising Lawyers or hopes of prevailing may now suggest unto them In the Parliament of 15. Edward 2. the two Spensers were by â— * Exisium Hugonis le Despensor f. 50. 52. speciall Act of Parliament adjudged Traytors banished and their lands and goods confiscated for miscounâ—elling their King and advising him to ride with armed Troopes of horses and men into Glocestershire to assault the good people there and to levy warre within the Realme to the destruction of the Church and people contrary to the forme of the great Charter and breach of the peace of the Realme What severe judgement then may those ill Counsellors and Cavalliers deserve who have actually levied warre not onely against the Counâ—y of Glocester which they have pitifully harrowed and spoyled contrary to all Law sacked p See the Relation takinâ— cest Cicester â—o its utter ruine and led away the good people thence Captives to Oxford in triumph for the most part barefooted through dirt and mire in this cold Winter Season chained together in ropes more like to Turkish-Gally-slaves then English Christian Subjects onely for this new kinde of supposed Treason and Rebellion the defence of their Liberties lives and goods against theeving Cavalliers which they may defend by Law * Fitz. Corone 192. 194. 246. 258. 261. 330. Stamford f. 11 12 13. 22 H. 7. 39 24 H. 8. c. 5. Cooke I. 5. f. 51 52 53. and justifie the killing of all those who shall violently assault them to rob them of them denying them so much as a draught of cold water to quench their thirst by the way and keeping off all whâ— would give it to them many of them being since dead at Oxford of samine and more then barbarous usage â— but likewise against most Counties of England miserably wasted by them and the whole Kingdome Parliament and King himselfe in his politicke Capacity and raised an Army of Papists against expresâ—â— late Acts of Parliament who not onely now set up their long exploded Masse openly in Yorkeshire Reading and other places but which my very soule abhorres to thinke of have even freshly moâ—â— impiously Shit upon the English Bible in folio defaced and burnt many Testaments and godly English Bookâ— in John Hamonds house a Bookeseller in Marleborough when they sacked it in contempt of our Religion setting the chimney on fire with their excessive flames and if reports be credible have since buâ—ned divers English Bibles and other good Bookes in the publicke Market place at Reading under the very Gallowes in detestation of our Protestant faith whose utter extirpation is their chiefe designe Certainly if these ill Councellors once come to a legall triall a Gallowes will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallell especially if they perseverâ— therein But of this more fully hereafter Sixthly Hence likewise it necessarily followes that the Houses of Parliament being the Soveraigne Power ought of right to enjoy and may when they see just cause for the Kingdomes safety and benefiâ—â— order and dispose the Militia Navy Ports Forts and Ammunition of the Realme into such personâ— custodies as they may safely confide in nominate both the great Counsellors publique Officers anâ— Judges of the Kingdome of right require if not enforce if wilfully denyed the Kings Assent to all publicke Bils of Right and Justice necessary for the Commonweale and safety of his Subjects takâ— up defensive Armes to protect their Priviledges Lawes Liberties and established Religion not onely against Malignants and Popish Recusants but the King himselfe if he raise Forces against them yea impose taxes upon the Subject and distraine imprison secure them for the publicke defence and safety when they deeme it necessary All which particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I troâ—undeceive the blinded world and convince if not satisfie the greatest Royallists and Malignants both in point of Law and Conscience in the next part of this Discourse which shall passe the Presse with aâ— convenient expedition if God permit Finis partis Primae Errata Page 2. l. 31. read all the royall p. 15. l. 26. enact r. exact p. 17. l. 17. of and p. 20. l. 16. if it r. if being laâ— downe it p. 22. l. 18. last doubtfull rising