Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	law_n	parliament_n	prerogative_n	2,334	5	9.9399	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91303	The treachery and disloyalty of papists to their soveraignes, in doctrine and practise. Together with an exact parallel of the jurisdiction, power, and priviledges claimed and exercised by our popish Parliaments, prelates, Lords and Commons in former times, with those now claimed and practised by the present Parliament, Lords and Commons, which are here manifested to be farre more loyall, dutifull, moderate; more consistent with, lesse invasive on, and destructive to the Kings pretended soveraigne power and prerogative, then those of popish parliaments, and subjects. Wherein likewise the traiterous, antimonarchicall doctrines, practises and attempts of papists upon their soveraignes prerogatives, crownes, persons, with the dangerous consequences, effects, and designes, of their present illegall arming, and accesse to the Kings Army, and person by meanes of evill counsellours, are briefely discovered; ... It is ordered by the Committee for Printing that this treatise be forthwith printed and published, by Michael Sparke, senior. Januar. 13. 1642. John White.; Soveraigne power of parliaments and kingdomes. Part 1	Prynne, William, 1600-1669.; England and Wales. Parliament.	1643 (1643)	Wing P4108; Thomason E248_1; ESTC R203188	101,087	43

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 ●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 ●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 ●he Pallace of the Parliament whether there be any that hath delivered a ●etition to the Parliament and ●ath not received answer thereto If there he none such it i● 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 wa● that in 21. R. 2. c. 16. 17. 18. 19. divers Petitions not read nor answered in Parliament by reason of ● See Wal●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 Parli●ment and command his Lords and Commons to depar● from thence or not Whereunto it was of one minde answered that he may and if any would proceede in c Wal●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 Trysi●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-●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 Ki●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 l●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. ●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. ● 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 a● if no such Letters Writs or Commandements were come unto you The makers therefore of these O●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 Te●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

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 P●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 ye● moderate proceed●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 ●eeme a dangerous paradox and tends much to the vindication both of the Priviledges Honour and ●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 Cōmon-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 Pa●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 fu●eriour to the King This is Bractons resolution l. 2. c. 16. f 34 a and Fletaes l. 1. c. 17. Where ●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 ●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 ●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 ●illetting souldiers Imprisonment by speciall Command of the King or his Privie Counsell Tonnage and Poundage Knighthood and Taxes The Commission of Array and ●he like which obliege both King and Subject the King in receiving justice in such cases being subject ●o the Law as well as the meanest of his subjects as k Rex in justitia re● pienda minimo de ●egno suo comparatur minimus esse debet vel qua●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 ●n cases of highest concernment entrenching farthest upon his Prerogative Royall must doubtlesse ●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 war●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 ●awes in Fox Acts Mon. Edit vol 1. p. 214. Edward the Conf●ssor yea and q Aristotle resolve may be truely sayd to be above the Kings ●erson which they binde but not above the Parliament which by its suparlative power may examine ●ll ſ 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 ●●use when as the King in person cannot by law examine or reverse them but onely in his Courts ●f Iustice by his Iudges Thirdly Parliaments oft times doe and may as they see cause enlarge the Kings Prerogative and Royall ●ower in sundry particulars in which the King had no such jurisdiction before these Acts witnesse the ●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. ● c. 23. 27 H. 8. c. 15. 28. H. 8. c.

Historians and Hen●y the fourth elected and created King in his stead In both which depositions the Popish Prelares were chiefe 〈…〉 ctors ſ 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 ●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 st●aines of pretended in●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 ●nd setled it on others who had no lawfull right or title to it electing and acknowledging them for their one●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 Polydo● Virgil Hall Gr●●t●n Stow How Hollinshead Haywar● M●●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 ●dgars decease An. 975. The electing and Crowning Canutus King a meere forrainer in opposition to Edmund ●he right heire to King Ethelred An. 1016. Of Harold and Hardiknute both elected and crowned Kings successive●y without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned and tortu●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 ●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 ●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 ●y the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their ●wne liking upon faire promises for resorming bad and rigorous Lawes remission of Taxes exacted on the Subjects and ●unishment of the chiefe causers of them and a solemne oath to frame good Lawes and ratifie Saint Edwards Lawes ●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 ●lected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in ●he case of King Henry the fourth King Edward the fourth and Richard the third made Kings by Acts of Par●●ament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles ●y way of usurpation and the right hereditary line put by Such a transcendent power and ●urisdiction as this 〈…〉 disinherite the right heire and transferre the Crowne to whom they throught meerest neither the present nor ●ny other Protestant Parliament Peeres or Subjects ever claymed or exercised though Popish Parliaments ●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 happe●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 ●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 adm●nish ●ou to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faith●ull and sworne children thereof To which the King in briefe answered That he could not suddainely put off h●● Councell and therefore prayed a short respite Nothing ●ad hither to preserved the King more Then that he could ●ithout griefe forgo● any favorities if he were nearely pressed the contrary quality whereof hath beene the cause of ●i●all desolation to so many Princes For though choyce of Counsellours ought to be free yet by common in●endment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love ●f a whole Nation rather then to relinquish or diminish a particular dependance for which the publique must not be ●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 de●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 ●r Peter Rivales his Treasurer he was so vehemently inc●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 ●ake thus to him O ihou Traytor by thy wicked advise I was drawne to set my Seale to those treacherous Letters ●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 ●n●rprise I wasted my Treas●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 King●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 content●ent and the reestablishment of our peace in truth and righteousnesse To end the point proposed * Walsingh Hist● 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 Parlia●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 a●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 ● 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 fro● their Allegiance to him untill he should confirme to them by a Charter ratified with his Seale all things which th●● required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleev●● 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 enforce● 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 ●● be the Conservators of their Priviledges who by the Kings appointment though much against his liking ● afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe thes● 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 obe● 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 a●● the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea Ports ●● 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 we●● these That the King should firmely keepe and conserve the Charter and Liberties of England which King John ● Father made granted and ratified with an Oath and which himselfe had so often granted and sworne to maintai● inviolable and caused all the infringers ofit to be horribly excommunicated by all the Bishops of England in h● owne

Subjects f 〈…〉 to be sworne to observe the same an● 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 ● 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 ●o confirme the severall k Wal●ing ham Hist Angl. p. 258. to 281. Speed ● 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 compel● 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 be●● Kings reignes In 25. E. 1. m Walsig Hist Angl. p. 36 37 38. 39 40. 41. 42 44. 48. Ypoaigm● 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 pris●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 s●per Charta● 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 a●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. ●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 ●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 th●se Coun●ells continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them to keepe themselves in their chaires This is apparent

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 ab●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 ●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 ●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 ●ested in his person that he t Fortescue c. 10. to 1● 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 Thoma● Smith of the Common-wealth of England l. ● 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 ●liud potest Rexin terris ni●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 ●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 ●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 2● 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 ● Law to binde them whence those in a Cook 7. ●●luins case 7. H. 6. 35. b. Dyer 373. Br. Parliament 98. Scotland Ireland Man Garnsey ●●● Jer●●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 o● Parliament not in the king as it was in the Roman State Where the b Livy Hist ● 1. 2. Bodin Common-wealth ● 1 c. 10. people had the So●eraigne Iurisdiction of making and confirming Lawes to binde them not their Kings Emperours o● Senate as I shall hereafter manifest Secondly this appeares by the case of c Fiz Assise 413. Avowry 74. Praescri●●ion 67. Broo Custome 31. Co. 5. Rep. f. 63. 64. 67. 68 Kit●chin 45. 73 ●0 Customes and By-Lawes in Corporations and Mano●●s which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of

470. Hall f. 176. to 183. Hov●den Annal. pars posterior p. 702. 703. 705. 706. Parliament which may in these cases make any publike Acts without the kings personall ●resence or assent and the assent of the Regent or Protector usually created by them shall as firmely ●inde the king as if he had personally consented as is evident by all the Acts of Parliament passed ●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 1● Richard the 2. who was but 11. yeares old Henry the 6. who was not 9. moneths old Edward the 5. ●ut 12. yeares Henry the 8. not 18. yeares Edward the 6. but 9. yeares of age when they began thei●●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 ● 702. 703. 705. 706. Richard the ● Edward the 1. 2. 3. 4. Henry the 3. 2 3 4 5 6 and others out of the Realme all good as ap●eares by 28. H. 8. c. 17. which altered and 33. H. 8 c. 22. which declareth the Law in these particu●ars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-●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 ●e veult The King wills or ●ssents ●o it not before but after they have passed both Houses imports which assent of his if the Bills ●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 ●ertue of his ●oronation Oath is bound to give as appeares by the Prefaces of most statutes the sta●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 ●oth the Houses not the king Ninthly this is apparant by those Coronation Oathes which Parliaments and the kingdome in * See Edward ●he ●onfessors Lawes c. 17. in La●bard and Fox king Edwards dayes even before the Co●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. Eadmer●s Hist l. 1. p. 13. 14. Ma●●aris Hist p. 12. 13. Speed Hist p. 456. Graften p. 21. 22. Malmes●ury l. 4. p. 119. 120. After the death ●f William the Conquerour William Rufus his younger sonne in the absence of Robert the elder bro●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 Lanfran●e Archbishop of Canterb●ry his Tutor that ●f they would make choise of him for their king he would abrogate the over-hard Lawes of his father and ●romise to observe justice equitie and mercy throughout the kingdome in every businesse and defend the ●eace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions ●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. ● Iohn Vo●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 ●●●●ill all his promises Many of the Nobles levyed warre against him adopting Robert his elder Brother king b Mat. Pa●●s p. 52. 53. ●4 Eadmerus Hist l. 2 p. 55. Wil. Masmes ● 5. p. 1●6 H. ●untin l. 7. p. 378. Roger Hoveden Annal p●●s 1. p. 4●8 Polych ●● c. 11. F●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 othe●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 crowne● king And because the kingdome was oppressed with unjust exactions ● out of respect to God and the love I beare towards you all make the Church of God free c. and all the evill custome● 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 E●wards Lawes with those amendments of them which his father made by the consent of hi● 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 othe● crimes Henry deceasing c Mat. Par Hist p. 73. Mal●es Novellae Hist l. 1. p. 178. 179. 180 Henry Hunti l. 8 p. 386 387. Hoveden p. 481 482. Mat. West A●. ●● 36 p 35. Speed p. 483. 484. Graf p ●1 42 Maude the Empresse his right heire to whom the Prelates and Noble● had sworne fealty in her fathers life time was put by the Crowne by the Prelates and Barrons wh● thought it

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 ni●●id solum quod de jure a Luk. 2. 22. 23. 24. ●otest but that onely which he can doe by Law That God the Law and his Court to wit the Earles ●nd Barons in Parliament are above the King and ought to bridle him and are thence called c Comites vi● quia a Comitatu ●ive a societate nomen sumpserunt qui etiam dic● possunt Consules a consulendo Reges enim tales si●● associant ad consulendum regendum populum Dei. ordina●tes eos in magna potestate honore nomine c. Idem l. ● c. 8. f. 5. 6. Co●ites because they are the Kings Companions Fleta an Ancient Law-booke written in King Edward ●he third his raigne lib. 3. c. 3. and 17. useth the selfe same words that Bracton doth and concludes ●hat the King hath a Superior to wit God and the Law by which be is made a Ki●g and his Court of Earles ●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. ●roves at large That the King is not above but under the Law that be cannot alter the Law of Ergland ●or ●ay any Taxes at all on his Subiects but by Parliament That all lawfull Kings and Kingdomes were at ●●rst created and erected onely by the unanimous free assent of the people that the kingdome of England is a Po●cie or Aristocraticall mixt Government not an absolute royall Soveraignety That the e Hanc potestatem â pop●lo effluxam ipse habet c. p. 25. King hath his ●●yall power DERIVED TO HIM FROM THE PEOPLE whereby it is unlawfull for him to ●le his people by any other power which he prosecutes in sundry chapters too tedious to transcribe ●nd in one word f Chap. 8. vol. ● pag. 173. Raphael Holinshed Iohn Vowell and others in their Description of England ●rinted Cum Privilegio resolve thus of the Parliaments power This House hath the most high and ●bsolute power of the Realme for thereby kings and mighty Princes have from time to time beene ●eposed from their thrones and Lawes are enacted and abrogated Offenders of all sorts punished and cor●pted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE ●EALME and the place where every particular man is intended to be present if not by himselfe yet by ●s Advocate and Attorney For this cause any thing that is there enacted is not to be withstood but obeyed ●● all men without contradiction or grudge and to be short all that ever the people of Rome might doe ei●●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 ●●eir Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes ●● Officers and to * See Bodine l. 2. c 5. l. ● c. 10 Eutropius and Grimston in the life of Nero Maximinius Heliogabalits and others Livy Rom. Hist l. 1. ●● 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 ●hey see just cause Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. ●nd Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but ●● in the last Edition hath the same words in effect with Holinshead and addes that the Parliament gi●eth forme of Succession to the Crowne c. Our kings royall power being then originally derived to ●hem conferred on them by the peoples and kingdomes common consents in Parliament and all their ●ew additionall Prerogatives too as the premises evidence it cannot be denied but that the whole ●ingdome and Parliament are really in this sence above him and the most Soveraigne prime power ●●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 aug●ent but likewise * abridge allay abolish and resume some branches of the Kings royall power and ●●erogative if there be just cause as when it becomes onorous mischievous and dangerous to the Sub●ects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or ●he Lawes this is most apparant by Magna Charta Charta de Forresta Statutum de Prerogativa Regis De Tall●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. ● 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. ● 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. ● 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 ●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 sun●ry other Acts which restraine abridge repeale and resume divers reall and pretended branches of the ●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 ●o that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That ●ll Governments created by mens consents may be altered diminished or repealed by their consents ●● i See Ioshua Iudges Samuel Kings Chron. Daniel throughout ●saiah Ieremy Ezickiel in sundry chap. sundry Presidents and Prophesies in Scripture concerning the alterations the Subversions and Dimi●utions of kings and kingdomes to the constant practise of k See Sleidan de 4. or Imperiis Mat. West Livy Iustin Opmerus Purchas Chronicon ●hronicorum and all generall Histories all Realmes and States whatsoever from ●dam till this instant who have undergone many strange alteratians eclipses diminutions yea Pe●●ods of Government to the Resolution of l Polit. l.

their mutuall assents alone and as these private By-●awes oblig● all those who consent to them by reason of their owne free assents onely so doe all publike Acts of Parliaments obli●ge all Subjects onely because of their generall assents to them in their Knights Citizen● and Burgesses elected by and d See ● ●ac c. 1. representing their persons Thirdly all e 33. H. 6. 17. Br. Parli 4. M. Hackwell of Pas●●ng Bills Cromp. Iuris ● 8. Chron. of Ireland f. 127. ●●● 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 a●ter enlarge or limit it as they thinke meete else it can be no Act at all A● 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 an● 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 ●olding Parliaments in England Writ for the Election of Knights Burgesses Ita quod iidem Milites plenam safficientem ●ote●●atem pro S E COMMVNITATE Comitatus praedicti dicti Cives Burgenses pr● se COMMVNITAT● Civitatum Burgorum praedictorum divisim ab i●sis babeant AD FACIENDVM E● CONSENTIENDVM HIS quae ●●ne ibidem DE COMMVNI CONSILIO DICTI REGN● not Regis nostri contigerint ORDINARI super negot●●s antedictis Ita quod PRO DEFECT● POTEST AT●S HV●VSMODI c. dicta negotia INFECTA NON REMANEANT quov● 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 LEGEM● per illam D●i potentia vestrum reges Britaniae regnum Fourthly all publicke Acts are the whole Kingdomes Lawes made principally and solely fo● the subjects benefit if good their prejudice if ill therefore the whole kingdome represented i● and by both Houses not the king knowing much better what is good or bad for themselves the● the king alone it is z See ●●tv before just and reasonable that they and not the king should be the principal● Law-makers to binde or bu●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 canno● 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 Hig● Court of Parliament c. humbly present your Majestie with the free and cheerefull gift of two intire s●bsidies which we humbly beseech your Majest●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 Hackw●ls passing of Bi●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 Subsi●ies 21. Iac ●●is present Parliament Speed p. 745. Subsidies and Ta●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 a● all Acts of this Nature ●anifest If then they be the chiefe Law-makers in these Acts which lay● any imposition ●pon the Subjects goods or restraint on his person then by like ●eason in all other penall publik Lawes Six●ly All Acts of Pa●liaments made in the raignes of ●surpers who have no Title to the ●rown nor right to assent to Lawes are c See 1. E. 4. c 6. 4. E. 4. 10 9. E 4. 1. 2. ●r Charters d●●ardon 22. 13. Eli● c. ● firme and good in Law and shall binde the right heires to the Crowne as i● evident by the Lawes made by king John Henry the 4. 5. 6. reputed usurpe●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 Court● 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 ●he constant practise of all kingdomes in such cases manifests and d The tr●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-reg●um yea if the king be an infant as Henry the 3. Henry the 6. Edward 3. 5. and Richard 2. with other ou● kings were when the Crowne ●escended to them or non Compos Mentis or taken with a dead palsie or Apoplexie or an Ideot by ●irth or Age or a Monkeprofessed as e Fox Act● Monument vol. 1. p. 173. Speeds Hist p. 244. some kings have beene or absent in a Pilgrimage to Rome or ●● voyage to the Holy Land or other remote forraigne Parts by reason of warres as f See Nubrigenfis Speed Holinshead Mat. Westm● and others in the lives of R. 1. H. 1. 2. 3● 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 ●ases the right of creating a Protector to execut● regall power sommon Parliaments assent to Lawes is ●nely in the g Walsingh Hist Angl. A. 1422. p. 458. Speed p. 1108. Grafton p. 496. 447. 648. Fabian p.

had sworne After ●hich he rightly setled the affaires of England by the counsell of his Nobles and then passed over in●o Normandy But how ill he kept this his Oath and others of this Nature and how he violated the ●tatutes of Magna Charta and D● Forresta which he had confirmed with his hand seale oath Pro●amations the B●shops Excommunications and the Popes Bull within three moneth● after he had on firmed them and procured a dispensation of his oath and abrogation of these Lawes making ●loody warres upon his Barrons and Subjects who confiding to those confirmations and royall pro●ises expected no such strange performances spoyling robbing and destroying his people every ●here in the selfe-same manner as we now are plundered * See before p. 5. 8. Graf p. 11. Mat. Paris p● 243. to 247. worthy reading and consideration the Histories of his life too manifestly ●● late which oft put his Crowne in danger of utter los●e Lewis of France being crowned king by the ●●rons in his steed who renounced their allegiance to him for his perjuries and breach of faith and ●aking warre upon them John departing this life his sonne Henry being but 9. yeares old was pro●aimed king through the pe●swasion of the Earle Marshall and of Pembroke afterwards made his ●rotector who informed the Lords and Commons h Fox Acts Mon. Ed. t●lt v. 1. p. 334 Speed p. 591. that though King Iohn for his evill demeanors ●eserved their persecution and l●sse of his crowne yet his young child tender in yeares was pure and inno●nt from his fathers doings Wherefore ●ith every man is to be charged with the burthen of his owne trans●ressions neither shall the child as scriptures teach beare the iniquity of his Fathers they o●ght of duty ●nd conscience to beare themselves ●ildly towards this tender Prince and take comp●ssion of his age And ●r as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt ●llistance APPOINT HIM our King and Governour let us renounce from us Lewis the French kings ●onne and suppresse his people which are a confusion and shame to our Nation and the yoakes of their Ser●itude let ●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 ●● 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 ● observed this solemne oath with many others of like nature made to his Lords and Subjects f● 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 writ● that the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prela●● and Lords knew not how to hold this Proteus the King for where there is no truth there can be no ●ix● confidence That thought he sometimes humbled himselfe confessing that he had beene often bewitched ● ill Counsell and promised with a great Oath solemnely taken upon the Altar and coffin of Saint Edwar● 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 reddider●● made him altogether incredible so that though he usually heard three Mosses every day but seldome a● Sermons as l Hist Angl. P. 1. Walsingham notes yet none would afterwards beleeve him but ever feare and susp●● his words and actions and to avoyd the infamie of perjurie which he feared he sent to the ●ope● 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 raig● full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne a● kingdome as our Historians informe us for which he repented and promised amendment at h● 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 hi● First that he will command and endeavour to his power that true peace shall be kept to the Church and ● Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities ● 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 F● 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 re● 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 an● Bracton oft stiles Gods and Christ Vicar upon earth thus excellently described A King ought abo● all things to feare God to love and observe his Commandments and cause them to be observed through h● whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved s●● as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe justice an● judgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King ● his owne person to doe taking his oath upon the Evangelists and the blessed Reliques of Saints swearing ● the presence of the whole state of his Realme as well of the temporalty as of the spiritualty before he ●● 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 an● honorably in his Kingdome He must doe all things with good advisement and praemeditation and th● 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 a●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 compe●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 He●res misgovernment and c●ntroversies ab●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 fo● this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of feal●y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmes●wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10●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 Oxfo●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 West●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 Par●iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none o● the Danish blood should any more Reigne over them was elected King and declared ●ight Heire to the Crowne Anno 1126. k Hoveden Hun●ingdon Matthew Westminster Matthew Paris Walsingham Polychronic●n Fabian Anno 1126. Speed p. 477. See Ho●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 ●er As much as in them lay after King Henries death if ●e dyed without issue male to establish ●er Queene ●f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyse●●us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres ●o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris ● 82 83. Speed p. 497. Hoveden p. 490. Hun●indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty ● Wal●ingford where by the advise of the Lords they made this accord That Stephen if he would should ●eaceably hold the kingdome during his life and that Hen●y should be his adopted Sonne and Successor enjoy ●he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should ●weare that Henry after the Kings death if he su●vived him should P●ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parl●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 in●erit lands in England The King to cleare all doubts and ambiguities in this case and to have the La● herein reduced to ce●tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliam●nt in the 25. yeare of his Raigne to delibera●● 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 ●● 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