might have farther given these reasons if it had so pleased him for the same first that this Bill destroyes the writt whereby they are made two houses of Parliament the King in the writt to the Lords being Cum praelatis Colloquium habere secondly they have bene in all Parliaments since we had any and voted but in such wherein they themselves were concerned And there have bene Bishops here sithence we were Christians and the fundamentall law of the kingdome approves of them if any of them were conceived offensive they were left to justice and his Majestie would put in in-offensive men in their places but sithence his Majestie hath passed the Bill for taking away their votes in Parliament it is a law that binds us so farr Upon the whole matter the law hath notably determined that Bills agreed by both houses pretended to be for the publique good are to be jâ—dged by the King for in all Kings reignes Bills have been preferred by both houses which allwayes are pretended to be for the publique good and many times are not and were rejected with Roy s'avisera or Roy ne veult This Parliament begunne the third of November 1640 before that time in all the Kings reigne no armed power did force any of the people to do any thing against the law what was done was by his Judges officers Referees and Ministers from that time untill the tenth of January 1641 when the King went from London to avoyd the danger of frequent tumults being a yeare and three months Privy Councellors and all his Justices and ministers were left to the Justice of the law there wanted no time to punish punishable men The Sphaere of the house of commons is to represent the grievances of the Contrey to grant aydes for the King upon all fit occasions extraordinary to assent to the making or abrogating of lawes The Orb of the house of Lords to Reforme eronious judgments given in the kings Bench to redresse the delayes of Courts of Justice to receive all petitions to advise his Majestie with their councell to have their votes in making or abrogating of Lawes and to propose for the common good what they conceive meete Lex non cogit ad imposibilia subjects are not to expect from Kings impossible things so many Judges Councellors Sheriffes Justices of the peace Commissioners Ministers of State that the King should over looke them all cannot be it is imposible The King is virtually in his ordinary Courts of Justice so long as they continue his Courts their charge is to administer the lawes in being and not to delay deferre or sell justice for any commandment of the King Wee have Lawes enough instrumenta boni saeculi sunt boni viri good ministers as judges and officers are many times wanting the houses propose new Lawes or abrogation of the old both induce novelty the law for the reasons aforesaid makes the King the only judge who is assisted therein by a great number of grave learned and prudent men as aforesaid For the considerations aforesaid the Kings party adhered to him the law of the Land is their byrth-right their guide no offence is committed where that it is not violated they found the commission of Array warranted by the law they found the King in this Parliament to have quitted the Ship money Knighthood-money seven Courts of Justice consented to a trienniall Parliament seâ—led the Forest bounds tooke a way the Clerke of the Market of the houshold trusted the house with the Navie passed an act not to dissolve this Parliament without the houses assent no people in the world so free if they could have beene content with Lawes oathes and reason and nothing more could or can be devised to secure us neither hath beene in any time Notwithstanding all this we found the King driven from London by frequent tumults that two thirds and more of the Lords had disserted that house for the same cause and the greater part of the house of Commons left that house also for the same reason new men chosen in their places against law by the pretended warrant of a counterfet Seale in the Kings name against his consent levying warre against him and seizing his Ports Forts Magazines and Revenue and converting them to his destruction and the subversion of the law and land laying taxes on the people never hard of before in this Land devised new oathes to oppose forces raysed by the King not to adhaere to him but to them in this warre which they call the Negative Oath and the Vow and Covenant By severall wayes never used in this kingdome they have raised monies to foment this warte and especially to inrich some among them namely first Excise secondly Contributions thirdly Sequestrations fourthly Fift Parts fiftly Twentieth Parts sixtly Meale-mony seventhly Sale of Plundered goods eightly Loanes ninthly Benevolences tenthly Collections upon their Fast-dayes eleventhly new Inpositions upon Marchandizes twelvethly Guards maintained upon the charge of private men thirteenthly Fifty Subsidies at one time fourtenthly Compositions with such as they call delinquents fiftenthly Sale of Bishops lands c From the Kings party meanes of susistance are taken before any indictment their Lands seised 1 R. 3. cap. 3. Bract li. 3. c. 8. Stanford 192. Sir Ger. Fleetwoods Case 8. pars Cook 7. H. 4. laste leafe their goods taken the law allows a Traytor or Fellon attainted Necessaria sibi familiae snae in victu vestitu where is the covenant where is the petition of right where is the liberty of the subject Frst We have ayded the King in this warre contrary to the negative oath and other votes Our warrant is the twenty fifth of Edward the third the second Chapter and the said resolutions of all the Judges Secondly Wee have maintained the Commission of Array by the Kings Command contrary to their votes We are waranted by the statute of the fifth of Henry the fourth and the judgment of Sir Edward Cooke the Oracle of the Law as they call him Thirdly We maintained Arch-Bishops and Bishops whom they would suppresse Our warrant is Magna Charta and many statutes more Fourthly We have maintained the booke of common prayer they suppresse it Our warrant is five Acts of Parliament in Edward the sixt and Queene Elizabets time 5. Peschae 35. Elizabeth inter placita Coronae in Banco Regis New booke of Entries fol. 252. Penry for publishing two scandalous Libels against the Church government was indicted arraigned attainted and executed at Tyburne Fifthly We maintained the Militia of the kingdom to belong to the King they the contrary Our warrant is the statute of the seventh of Edward the first and many statutes sithence the practise of all times and the custome of the Realm Sixthly We maintained the counterfeiting of the great Seale to be high Treason and so of the usurpation of the Kings Forts Ports Shipping Castles and his Revenue and the Coyning of money against them Wee
Command under his great Seale which in this warre hath beene used by the Kings command for his Commission to leavy and array men that is no personall command which the law in some cases disallowes but that is such a command so made as all men hold their lands by who hold by Patents All corporations have their Chartera which hold by Charters and all Judges and officers their places and callings Ob. It is objectd the King cannot suppresse his Courts of Justice and that this warre tended to their suppression 7 pars The Earle of Westmerlands Case 1 Eliz. Dier 165. 7 pars Cooke Sol. The answer is the King cannot nor ought to suppresse Justice or his Courts of Justice nor ever did But Courts of Jnstice by abuser or non user cease to be courts of Justice when Judges are made and proceedings in those courts holden by others then Judges made by the King and against his command under the great Seale and his Majestie is not obeyed The case of discontinuance of Processe but the votes of the houses they cease to be the Kings Courts and are become the Courts of the houses and his Judges breaking that condition in law of trust and loyalty implied in their Patents are no longer his Judges they obey and exercise their places by virtue of writts and processes under a counterfet Seale The King only can make Judges the twenty seventh of Henry the eighth Chapter the twenty fourth Justices of the Peace c. twenty eighth of Henry the eighth Dier the eleventh the Kings Patent makes Judges The cheefe Justice of the Kings Bench is made by the Kings writt only of all the Judges The great Seale is the key of the kingdome Avticuli super chartas cap. 5. and meete it is that the King should have the key of his kingdome about him 2 pars instit 552. which confutes their saying that the King got the Seale away surreptitiously The King and he only may remove his Courrs from Westminster into some other place Britton sol 23. at Yorke the Termes were kept for seven yeares in Edward the sirst's time but for the Court of Common pleas the place must be ceataine for the Kings Bench and Chancery the King by the law may command them to attend his person alwayes if it seeme so meete unto him but the removing of the Common pleas must be to a place certaine and so notified to the people All the bookes of law in all times agree 34. Assis pl. 24. 22 Ed. 4. Fitz jurisdiction last placit 6 H. 7.9 6 Eliz. Dier 226. that the King may grant couusance of all Pleas at his pleasure within any County or precinct to bee holden there only and remove the Courts from Westminster to some other place for the Common Pleas the place must be certaine and so notified to the people and adjourne the termes as hee sees cause All which the two houses have violated Plebs sine lege ruit Some seeming objections of Master Prinn's seettered in divers books answered and the truth thereby more fully cleared Ob. 1 The first of Henry the fourth reviveth the statute of the eleventh of Richard the second and repeales to the twelfth of Richard the second whereby certaine persons were declared traytors to the King and kingdome being of the Kings party Sol. True but note the eleventh of Richard the second A Parliament beset with 40000 men and the King assents to it so an Act and besides the first of Henry the fourth declares that that treasons mentioned in the act of the eleventh of Richard the second being but against a few private men shall not be drawn into example and that no Treason should be but such as the twenty fist of Edward the third declares 9 Ed. 4. fol. 80. All these are Acts passed by the King and the three estates not to be drawne into example in a tumultuous time by a besieged Parliament with an army and the confirmer 〈◊〉 Henry the fourth being an usurper makes that act of the first of Henry the fourth to secure himselfe Also what is this to the votes of the two houses only at this time Ob. 2 The Court of Parliament is above the King for it may avoid his Charters Commisions c. granted against the law Sol. And the Law is above the King By the same reason you may say that the Courts of Chancery or any of the Courts of law at westminster are above the King for they make of no effect the Kings Charters which are passed against the law and the King is Subject to law and sworne to maintaine it Again it is no Parliament without the King and the King is the head thereof he is principium Caput finis of a Parliament as Medas tenendi Parliament hath it and two houses only want principium Caput finis of a Parliament and it is a sorry Parliament that wants all these And therefore to say that Parliaments are above the King is to say that the King is above himselfe Ob. 3 The Parliament can enlarge the Kings prerogative therefore it is above him Sol. If the King assent otherwise not and then it is an act of Parliament and otherwise no Act. Ob. 4 Bracton saith God the Law and the Kings Court viz his Earles and Barrons are above the King viz in Parliament as Master Prinne expounds it Sol. Where is then the house of Commons Indeed take God the Law and Earles and Barrons together it is true but to affirme that the Earles and Barrons in Parliament are above the King the King being the head of the Parliament and they one of the members how an inferior member is above the head is hard to cenceive besides that position destroyes all Master Prinns discourse who attributes so much to the house of Commons Ob. 5 The King is but one of the three estates of Parliament and two are greater then one therefore above Sol. The Leggs Armes and trunke of the Body are greater then the head and yet not above nor with life without it The argument holds for quantity but not for quality and in truth the King is none of the three estates but above them all the three estates are the Lords Sprirituall the Lords Temporall and the Commons Cooke their Oracle in his Chapter of Parliaments Folio the first Ob. 6 In corporations the greater number of voices make all the Acts of the corporation valid therefore so in Parliament Sol. By this reason the Kings assent is needlesse and to no end and all the Acts of Parliament formerly mentioued and law bookes have quite mistaken the matter which with unanimous voice requires the Kings assent as necessary Besides the Corporations are so constituted by the Kings Charters that the greater number of votes shall make their Acts valid Ob. 7 The King as King is present in his Parliament as well as in all other his Courts of Justice how be it he is not there
Prinne fol. 104. of his booke intituled the Parliaments supreme Power c. Objecting the Statute of the first of Queene Elizabeth and his owne Oath That the King is the only supreame Governour of this Realme Answeres The Parliament is the supreme Power and the King supreame Governour And yet there hee allowes him a Negative Voice And fol. 107. confesseth that Acts of Parliament translated the Crowne from the right heires at Common-lawe to others who had no good Title Then the Parliamentary Title makes not the King so powerfull is Truth that it escapes from a man unawares To make a distinction betweene Supreame Governour and Supream Power is very strange For who can Governe without Power The King assembles the Parliament by his Writt Vide Speede 645. 4 pars Instit 27. 28. Adjournes Prorogues and Dissolves the Parliament by the Lawe at his pleasure as is evident by constant practise the House of Commons never sate after an adjournment of the Parliament by the Kings command Where is the Supreame Power Ob. 18 The King by his Oath is bound to deny no man Right much lesse his Parliament To agree to all just and necessary Lawes proposed by them to the King This is the substance of the discourse against the Kings Negative Voice Sol. The King is so bound as is set downe in the Objection but who shall judge whether the Bill proposed bee just and necessary For all that they doe propose are so pretended and carried in eyther House sometimes by one or two voices or some few as aforesaid and certainly as hath beene shewn the King his Councell of State his Judges Sargeants Attorney Sollicitor and twelve Masters of the Chancery can better Judge of them then two or three or few more Master Prinne fol. 45. In his booke of the Parliaments interest to nominate Privy-Councellors c. calleth the opinion of the Spencers to divide the person of the King from his Crowne a strange opinion Calvins Case 7 pars fol. 11. and cites Calvins Case but leaves out the conclusions therein mentioned fol. 11. Master Prinne saith there But let this opinion be what it will without the Kings Grace and Pardon it will goe very far and two Acts of Parliament there mentioned are beyond an opinion And in his booke of the opening of the Great Seale fol. 17. The Parliament hath no jurisdiction to use the Great-Seale for Pardons Generall or Particular Where is the Supreme power Ob. 19 Master Prinnes opening of the Seale Page 19. saith The Noblemen and State the day after the funerall of King Henry the third king Edward the first his sonne being in the holy Land made a new Great-Seale and Keepers of the same And in Henry the sixts time in the first yeere of his Reigne the like was done in Parliament Sol. A facto ad jus is no good Argument for that in Edward the firsts time it was no Parliament for King Henry the third was dead which dissolved the Parliament if called in his time and it could bee no Parliament of Edward the firstâ— time for no writ issued to summon a Parliament in his name nor could issues but under that new Seale it was so sodainly done after Henry the thirds death King Edward the first being then in the holy-Land it was the first yeere of his Reigne and no Parliament was held that yeere not the second yeere of his Reigne The first Parliament that was in his Reigne was in the third yeere of his Reigne as appeares by the Printed Acts. Also the making of that Seale was by some Lords then present What hand had the Commons in it Concerning the Seale made in Henry the sixts time the Protector was vice-Roy according to the course of Lawe and so the making of that Seale was by the Protector in the Kings name and that Protector Humphry Duke of Gloucester as Protector in the Kings name summoned that Parliament and was Protector made by the Lords and not in Parliament as appeareth plainly for that Parliament was in the first of Henry the sixt and the first holden in his time and power given by Commission to the said Dake then Protector to summon that Parliament Prinne ibid. fol. 19. But the new Counterfeit Seale was made when the King was at Oxford in his owne kingdom and not in the holy-Land Ob. 20 Master Prinue in his Booke of the two Houses power to impose Taxes restrayne Malignants against any Habeas Corpus c. saith that the Parliament is above Magna Charta and folio 15 ibid. The Parliament hath power over Magna Charta to repeale the same when there is Cause Sol. This Argument supposeth that they have the Kings power which hath appeared formerly they have not But suppose they had Magna Charta contaynes many morall Lawes which by the Lawe of the Land a Parliament cannot alter 21. H. 7.2 Dr. Student 2. Dialogue For example it saith cap. 18. Justice shall not be sold dlayed nor denyed to any man but by this Argument the Parliament may make Lawe to delay deny and to sell Justice which surely is a very ill position to maintaine What they would have doth now by the Propositions sent to Newcastle to his Majestie appeare whereby they would have him divest himselfe and settle in them all his kingly power by Sea and Land and of themselves to have power without him to lay upon the people of this Land what Taxes they thinke meete to abolish the Common-prayer booke to abolish Episcopacy and to introduce a Church government not yet agreed but such as they shall agree on His Majesty finding a prevayling party in both Houses to steere this course and being chased away with Tumults from London leaves the Houses for these reasons viz. FIRST Because to alter the Government for Religion is against the Kings Oath Secondly Against their Oathes For every of them hath sworne in this Parliament That his Majesty is the only supreame Governour in all Causes Ecclesiasticall and over all Persons Thirdly This course is against Magna Charta the first Chapter and the last Salvae suis Episcopis omnes libertates suae Confirmed by thirty two Acts of Parliament And in the two and fortieth of Edward the third in the first Chapter enacts If any Statute bee made to the contrary it shall be holden for none and so it is for Judgements at La we in the twenty fift of Edward the first chapter the first and the second The great Charter is declared to be the Common-lawe of the Land Fourthly They indeavour to take away by their Propositions the Governement of Bishoppes which is as ancient as Christianity in this Land and the booke of Common-Prayer setled by five Acts of Parliament and compiled by the Reformers and Martyres and practised in the time of foure Princes Fiftly These Propositions taking away from his Majesty all his power by Land and Sea Rob him of that which all his Ancestours Kings of this Realme have enjoyed That Enjoyment and Usage makes the Lawe and a Right by the same to his Majesty They are against their owne Protestation made this Parliament viz. to maintaine his royall Person Honour and Estate They are against their Covenant which doth say that they will not diminish his just Power and Greatnesse For these Reasons his Majesty hath left them and as is beleeved will refuse to agree to the said Propositions as by the Fundamentall Lawe of the Land hee may having a Negative Voyce to any Bills proposed The result of all is upon the whole matter That the king thus leaving of the Houses and his deniall to passe the said Propositions are so farre from making him a Tyrant or not in a condition to Governe at the present That thereby he is rendred a Just Magnanimous and Pious Prince so that by this it appeares cleerely to whom the Miseries of these Times are to bee imputed The remedy for all is an Act of Oblivion and a Generall Pardon GOD save the KING 28o. Aprilis 1647. David Jenkins Now prisoner in the Tower
Here the supreame power in the time of Parliament by both Houses is declared to belong to the King At the beginning of every Parliament all Armes are or ought to be forbidden to be borne in London Westminster 7 Ed. 2. 4 pars instit 14. or the Suburbs This condemnes the multitudes coming to Westminster and the Guards of armed men All who held by Knights service 1 Ed 2. de Militibus and had twenty pounds per annum were distraynable ad Arma militaria suscipienda This agrees with the Records of ancient time continued constantly in all Kings times but at this Parliament 3. November 1640. The King out of his Grace discharged this duty which proves that the power of warre and preparation thereto belongs not to the two houses but only to the King The two Spencers in Ed. 2. time hatched to cover their Treason this damnable and damned opinion viz. Ed. 3. Calvins Case Cook l. 7. fol. 11 That Ligeance was more by reason of the Kings politique capacity then of his person upon which they inferred these execrable and detestable consequences First if the King demeaned not himselfe by reason in the right of his Crowne his Lieges are bound by Oath to remove him Secondly seeing the King could not be removed by suite of Lawe it was to be done by force Thirdly that his Lieges be bound to governe in default of him All which tenets were condemned by two Parliaments the one called exilium Hugenis in Ed. 2. time the other by 1. Ed. 3. cap. 2. All which Articles against the Spencers are confirmed by this last Statute the Articles are extant in the booke called vetera Statuta The separation of the Kings person from his power is the principall Article condemned and yet all these three damnable detestable and execrable consequents are the grounds whereupon this present time relies and the principles whereupon the two Houses found their Cause The Vâ—lleine of a Lord in the presence of the King cannot be seized Plowdon Com. 322. 27. ass pl. 49. for the presence of the King is a protection for that time to him This shewes what reverence the Lawe gives to the person of a King Reges 33 Ed. 3. ayde de Roy. 103. Fitz. sacro oleo uncti sunt capaces spiritualis jurisdictionis But the two Houses were never held capable of that power Rex est persona mixta cum sacerdote 10 H. 7.16 habet Ecclesiasticam spititualem jurisdictionem This shewes the Kings power in Ecclesiasticall Causes The Lands of the King are called in Law Com. Sur. Littl. Sect. 4. patrimonium sacrum The Houses should not have medled with that sacred Patrimony The King hath no Peere in his Land 3 Ed. 3.19 and cannot be judged ergo The two Houses are not above him The Parliament of 15. Ed. 3. was repealed for that it was against the Kings Lawes and Prerogative 4. pars instit fol. 52. This shewes cleerely the Propositions sent to Newcastle ought not to have beene presented to his Majesty for that they are contrary to the Lawes and his Prerogative The Lords and Commons cannot assent in Parliament to any thing that tends to the disinherison of the King and his Crowne 4 pars Cookes instit fol. 14.42 E 3. Parliament Roll num 7 Lex consuetudo Parliamenti to which they are sworne This condemnes the said Propositions likewise To depose the King to imprison him untill he assent to certaine demands A warre to alter the Religion established by Lawe or any other Lawe or to remove Councellors 25 Ed 3. cap. 2 to hold a Castle or Fort against the King are offences against that Lawe declared to be Treason by the resolutions herein after mentioned by that Law men are bound to ayd the King when warre is levied against him in his Realme King in this Statute must be intended in his naturall body and person that only can die for to compasse his death and declare it by overt Act is declared there by Treason To incounter in fight such as come to ayde the King in his warres is Treason Compassing of the Queenes death of the Kings eldest sonne to coyne his money to counterfet his Great-Seale to levie warre against him to adhere to such as shall so do are declared by that Act to be high Treason This Statute cannot referre to the King in his politique capacitie but to his naturall which is inseparable from the politique for a body politique can have neither wise nor childe nor levy warre 21 Ed. 4 14. nor doe any act but by the operation of the naturall body A Corporation or body politique hath no soule or life but is a fiction of the Lawe and the Statute meant not fictitious persons but the body naturall conjoyned with the publique which are inseparable The clause in that Act R. 2. 11 anno cap. 13 4 pars instit fol. 42 that no man should sue for grace or pardon for any offence condemned or forfeiture given by that Act was repealed by a subsâ—quent Act in 21. R. 2 holden unreasonable without example and against the Law and custome of the Parliament This condemnes the proposition for disabling the King to Pardon 4. pars instit fol. 42. The Act of 11. R. 2. so much urged by the other side was an Act to the which the King consented and so a perfect Act yet Note the Army then about the Town Note that that Law is against private persons and by the 3. cap. thereof the Treasons there declared are declared to be new Treasons made by that Act and not to be drawne to example it was abrogated 21. R. 2. and revived by an usurper 1. H. 4. to please the people and by the tenth chap. thereof enacts that nothing shall bee Treason but what is declared by 25. Ed. 3 16 R 2 cap 5. The Regality of the Crowne of England is immediatly subject to God and to none other Plaine words H. 4 shewing where the supreme power is The Commission of Array is in force and no other Commission Rot. Parlm 5. H. 4. numb 24. an Act not printed this Act was repealed by 4 5. P. M. cap. 2. this repealed by the Act of 1. Jacobi and so it is of force at this day for the repealing Statute is repealed 4. pars institn fol. 51. 125. published sit hence this Parliament by the desire of the house of Commons their Order is printed in the last leafe of the Commentaries upon Magna Charta Syr Edward Cooke by their party is holden for the Oracle of the Law A booke alowed by Syr Nat Brent called the reason of the war fol 95 who wrote the said fourth part in a calme and quiet time and I may say when there was no neede to defend the authority of the Commission of Array For that objection That that Commission leaves power to the Commissioners to taxe men secundum
Sol. In his other Courts of Justice he hath no voice he is none of the Judges in the Parliament he hath if his presence be not necessary his voice is not nor his assent Ob. 8 The originall prime legislative power of making Lawes to bind the subjects and their posterity Soveraign power of Parliaments 46.47 rests not in the King but in the kingdome and Parliament which represents it Sol. Master Prinne in the same lease affirmes and truly that the Kings assent is generally requisite to passe lawes and ratifie them the King is the head of the kingdome and Parliament how then can a body act without a head Ob. 9 A major part of a Corporation binds therefore the Major part in Parliament and so of by Lawes Sol. The Corporation is so bound either by the Kings Charters or by prescription which sometimes had the Kings concession but prescription and Law and practise alwayes left the King a negative voice Ob. 10 The King cannot alter the Bills presented to him by both houses go. Sol. True but the King may refuse them Ob. 11 Acts of Parliament and Lawes ministred in the Reignes of usurpers bind rightfull Kings go. Sol. What is this to prove the two houses power only which is the question A King de facto must be obeyed by them who submitted to him and they are his Subjects by their submission and not Subjects defacto to the true King 9 Ed. 4.12 and such being Traytors and Rebells to the regent King having renounced the true King when the lawfull Kings is restored may be punished by him for their treason against the usurper But heere is a King still in both cases and the proceedings at law holds The Judges having their patents from the being Kings in the reignes of Kings de facto or dejure for all Kings are bound and sworne to observe the lawes Ob. 12 A King dies without Heyre is an infant non Compos mentis c. the two honses may establish Lawes g o Sol There is no Inter-regnum in England as appeares by all our books of law and therfore the dying without Heyre is a Vaine supposition and by their principle he is considerable in his politique capacity which cannot die at all The protector assisted by the Councell of the King at law his twelve Judges the councell of state his Attorney Solicitor and two Sergieants at law his twelve Masters of the Chancery hath in the Kings behalfe and ever had a negative Voice but what is this to the present question Wee have a King of full age of great wisdome and judgement The power of the two houses in such a case to be over the King cannot be showne Ob. 13 The King cannot disassent to publique and necessary Bills for the common good g o Sol. Nor ever did good King but who shall be judge whether they be publique and necessary The major part in either of the houses for passing of bills so pretended may be but one or two voices or very few and perhaps of no judicious men is it not then fitter or more agreeable to reason that his Majestie and Councell of State his twelve Judges his Sergieants Attorny and Solicitor twelve Masters of the Chancery should judge of the conveniency and benefit of such Bills for the publique good rather then a minor of which sort there may be in the houses or a weake man or a few who often times carry it by making the Major part which involves the consent of all Let reason determine Ob. 14 The Kings of England have beene elective and the King by his Coronation Oath is bound to maintaine justas leges consuetudines quas vulgas elegerit g o Sol. Popery hath beene in the kingdome and therefore to continue it still will not be taken for a good argument when things are setled for many ages to looke back to times of confusion is to destroy all repose The Act of Parliament of the first of K. James Chapter the first and all our extant lawes say that the Kings office is an heritage inhaerent in the blood of Our Kings and their byrth-right And usurpers that come in by the consent of the people 1 Ed. 4. cap. 1. are Kings de facto but not de jure as appeares by the acts of Parliament declaring them so And by all our law books and the fundamentall constitution of the Land Regall power is herditary and not elective For the words vulgus elegerit if vulgus be applied to the house of commons 1 H. 7. they if themselves can make no laws The Peeres were never yet termed vulgus but allowing they be so called the lawes to be made must be just and who is fit to judge thereof is before made evident Ob. 15 Customes cannot referre to future time and both are coupled Lawes and Customes Princes have beene deposed and may bee by the two houses g o Sol. The deposers were Traytors as appeares by the resolution of all the judges of England Cooke Chapter Treason in the second part of the Institutes And never was King deposed but in tumultuous and mad times and by the power of Armies and they who were to be the succeeding Kings in the head of them as Edward the third and Henry the fourth Ob. 16 The appeale to the Parliament for errors in judgements in all Courts is frequent g o Sol. This is only to the house of Lords and that is not the Parliament the house of Commons have nothing to doe therewith and in the house of Peeres if a writt of error be brought to reverse any judgment There is first a Petition to the King for the allowance thereof and the reason of the Law in this Case is for that the Judges of the Land all of them the Kings Councell and twelve Masters of the Chancery assist there by whose advice erroneous judgments are redressed Ob. 17 The Parliaments have determined of the rights of Kings as in Henry the sixts time and others and Parliaments have bound the succession of Kings as appeares by the statute of the thirteenth of Q. Eliza Chapter the first and the discent of the Crowne is guided rather by a Parliamentary Title then by common law g o Sol. If this objection be true that the Title to the Crowne is by Parliament then wee had no usurpers for they all had Parliaments to back them yea Richard the third that Monster All our books of law say they have the Crowne by discent and the Statutes of the Land declare that they have the same by inherent byrth-right And the Statute of the thirteenth of Elizabeth the first Chapter was made to secure Queene Elizabeth against the Queene of Scots then in the Kingdome clayming the Crowne of England and having many adherents And that Statute to that end affirmes no such power in the two Houses which is the Question but in Queene Esizabeth and the two Houses which makes against the pretence of this time Master