Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	army_n	great_a	king_n	2,073	5	3.6840	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88244	Regall tyrannie discovered: or, A discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the trusters, and never ought other wise to be administered: ... In which is also punctually declared, the tyrannie of the kings of England, from the dayes of William the invader and robber, and tyrant, alias the Conqueror, to this present King Charles, ... Out of which is drawn a discourse, occasioned by the tyrannie and injustice inflicted by the Lords, upon that stout-faithful-lover of his country, and constant sufferer for the liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following positions are punctually handled ... Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten members of the House of Commons: which house, is the absolute sole lawmaking, and law-binding interest of England.	Lilburne, John, 1614?-1657.	1647 (1647)	Wing L2172; Thomason E370_12; ESTC R201291	90,580	119

judicative power nor a legislative power inherent in him as is strongly undeniably and unanswerably proved before in pag. 43 44 46 47 60 61. And therefore away with the pretended power of the Lords up with it by the roots and let them sit no longer as they do unlesse they will put themselves upon the love of their Country to be freely therby chosen as their ●ōmissioners to sit in Parliament for I am sure in right all their actions now are unbinding and unindivalid which becomes you O all ye Free-men or Commoners of England out of that duty you ow to your selves yours and your native Country throughly and home to set forth by Petition to your own HOVSE of COMMONS and to desire them speedily to remove them before the Kingdome be destroyed by their crosse proud and inconsistent interest for little do you know what Scotch-ale divers of them are now a brewing Read the Histories of William the Conqueror and you shall easily find that the pride and contention of those English-men that were called Lords amongst themselves was no small cause of the losing of this Kingdome to that Tyrant for saith Speed fol. 409. After the Normans had slain King Harold and overthrown his Army the two great Earles of Yorkshire and Cheshire Morcar and Edwine coming to London where the Londoners c. would gladly have set up Edgar Atheling the true Heire to the Crown to have been their Captain Generall to have defended them from the powerfull Norman Invaders who now was exceedingly fleshed with his victory and now likely to over-run the whole Land yet such was the pride and baesenesse of these two great Lords that the misery distresse and fearfull estate of their native Country could not disswade from their ambition plotting secretly to get the Crown to themselvs which hindered that wise and noble design and totally lost their native Country O COMMONS OF ENGLAND therefore beware of them and have a jealous eye over them and take heed that when it comes to the pinch they serve you not such another trick again For I am sure their interest is not yours nor the publikes neither is it consistent with their ends that you should enjoy Justice or your undeniable and just rights liberties and freedomes And well to this purpose saith Daniel pag. 36. That after the Bishops and the Clergy had shewed their aversnesse to the erecting of that probable meanes that was propounded to hinder the theevish invader the Nobility considering they were so born and must have a King and therefore considering of his power made them strive and run head-long who should bee the first to pre-occupate the grace of servitude and intrude them into forraign subjection So that the poor Commons like a strong vessell that saith hee might have been for good use were hereby left without a stern and could not move regularly trusting and resting it seemes too much upon those Lords which I call the broken Reeds of Egypt by whom they were undone But for the further clee●ng of the Originall of the House of Peers pretended power I shall desire the understanding Reader to read over a little Treatise printed in Anno 1641. called The manner of holding of Parliaments in England in the 28. pag. hee saith King Harold being overcome William the 1. King and Conqueror having obtained the Soveraignty according to his pleasure bestowed Dignities and Honours upon his companions and others Some of them so connext and conjoyned unto the Fees themselves that yet to this day the possessors thereof may seem to be inabled even with the possession of the places only as our Bishops at this day by reason of the Baronies joyned unto their Bishoprickes enjoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament he gave and granted to others Dignities and Honours together with the Lands and Fees themselves hee gave to Hugh Lupas his kinsman a Norman and sonne to Emma sister to the Conqueror by the Mother the Earldome of Choster Adconquirendum Angliā-per Coronam that is in English to conquer and hold to himself and his Heires as free by the Sword as the King of England held it by his Crown to HANNVSRVFVS then Earl of Britain in France the Earldome of Richmond It a lib●re honorifice ut e●ndem Edwinus Comes antea tenue●at that is in English as freely and honourably as Edwine Earle held it before And the Earldome of Arundel which Harrold possessed he granted with a fee unto Roger of Montgomeny And in page 33. the same Author declares That Kings sometimes not regarding the Solemnities of Ceremonies and Charters have only by their becks suffered Dignities and Honours to be transferred So that by what Iam able to gather out of ancient Histories William the Conquerour absolutely subdued the Rights and Priviledges of Parliaments held in England before this time The manner of holding of which as the same Author in his first page declares was by the discreet sort of the Kingdome of England rehearsed and shewed unto the Conquerour which as hee saith he approved of And the same doth John Minshew say in his Dictionary published and printed at London July 22. 1625. fol. 526. his words are these In England the PARLIAMENT is called for the debating of matters touching the Common-wealth and especially the making and correcting of Lawes which Assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thomas Smith de Re. Angl. lib. 2. cap. 1. 2. Cambd. Brit. Compt. Juris fol. 1. And see the Institution of this Court Polydor Virgil lib 11. of his Chronicles refer●eth after a sort to Henry 1. yet confessing that it was used before though very seldome You may find saith he in the former Prologue of the grand Customary of Normandy That the Normans used the same meanes in making their lawes In a Monument os Antiquity shewing the manner of holding this Parliament in the time of King Edward the sonne of King Etheldred which as the Note saith was delivered by the discreeter sort of the Realm to William the Conqueror and allowed by him This writing began thus Rex est Caput c. See more saith he of the course and order of this Parliament in Compt. Juris fol. 1. c. And VOWEL alias Hooker in his Book purposely written of this matter Powels book called the Atturneys Academy Read Mr. William Prynnes first part of the SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES printed by the authority of this present Parliament pag 42 43 44. William the Conqueror having as to me is clearly evident subdued Parliaments their power authority priviledges and jurisdiction did set up by the absolute law of his own will for his Compceres Couzens and Connsellors such men who had most pleased him in vassalizing and enslaving this kingdom and the people thereof in whose steps severall of his successors after him did tread So that the kingdome was

the rest of his Suffragans solemnly pronounced the Sentence of Excommunication whi●h then was a fe● full thunder-bolt against all such who should contradict those Articles which were there publikely read before the Barons and Commons of the Realme in the presence of the King Amongst which the observation and execution of Magnae Charta is required with all other ordinances necessary for the Church and Kingdome and that as the said King had done all st●angers should be banished the Court and Kingdome and all ill Councellors removed That the businesse of the State should be treated on by the Councell of the Clergy and the Nobles That the King should not begin any war or go any way out os the Kingdom without the common Councell of the same Daniel fol. 205. Speed fol. 652. But this King for his evill government breaking his Oaths and Contracts with his People was therefore by common consent in full Parliament deposed Which we shall have occasion b● and by more fully to speak of and the Bishop of Hereford as the mouth of those Messengers that were sent by the Parliament the Body of the State told him that the Common-wealth had in Parliament elected his eldest Son the Lord Edward for King and that he must resigne his Diadem to him or after the refusall suffer them to elect such a person as themselves should judge to be most fit and able to defend the Kingdome This Prince being crowned raigned above 50. years and hath the best commendation for Manhood and Justice of any Prince that went before him or that followed after him who yet notwithstanding though he came in by election and took the Oath at his Coronation which his Father took before him yet he fayled often in the performance of it Of which the BBp. of Canterbury in an Epistle written to him when hee was in France tells him home of it in these words That it was the safety of Kings and their Kingdoms to use grave and wise Councellors alleadging many examples out of holy Writ of the slourishing happinesse of such as took that course and their infelicity who followed the contrary Then wills him to remember how his Father led by evill Councell vexed the Kingdome putting to death contrary to the Law of the Land divers of the Nobility and wished him to consider what hapned thereby unto him 〈◊〉 to call to mind how himself at first through evill Councell about 〈◊〉 almost lost the hearts of his people But afterwards by the great 〈◊〉 and care of his Prelates and Nobles his affaires were 〈…〉 into so good order as he recovered them and is reputed the noblest Prince in Christendome But now again at present through the 〈◊〉 Councell of such as effect their own prosit more then his honour o● the welf●re of his People he had caused Clergy-men and others to be ar●ested and held in prison by undue proceeding without being indicted or convilled contrary to the Laws of England which he saith he was ●●●nd by his Oath at his Coronation to observe and against Magna Charta which whosoever shall presume to infringe are to be by the Prelates excommunicate so that hereby he incurred no small detriment to his Soule and to the State and his Honour which he doubted if he proceeded in it would loose both the hearts of the people and their ayd and helpe Daniel Foli 229. 230. For which the King sharply according to his prerogative power reproveth him But shortly after the King found much to do● in the Parliament held at London being earnestly petitioned by the whole Assembly that the great Charter of Liberties and the Charter of Forrests might be duly observed and that whosoever of the Kings Officers in●ringed the same should loose their place That the high Officers of the Kingdome should as in former times * Read Daniel fol. 149. be elected by Parliament But the King stood stiff upon his prerogative but yet yeelded that these Officers should receive an Oath in Parliament to do justice unto all men in their Offic●s and thereupon a Statute was made and confirmed with the Kings Seal both for that and many other Grants of his to the Subj●cts which notwithstanding were for the most part presently after revoked Daniel fol. 231. But forasmuch as About this time in the Statute-Bookes at large fol. 144. l find was an excellent Oath made in the 18. of Edw. 3. Anno 1344. intituled The Oath of the Justices I conceive it may be worth the reading and therefore it is not unnecessary here to ins●rt it which thus followeth YE shall swear that well and lawfully ye shall serve our Lord the King and his People in the Office of Iustice and that lawfully ye shall counsell the King in his businesse And that ye shall not counsell nor assent to any thing which may turn him in dammage or disherison by any manner way or colour And that ye shall not know the dammage or disherison of him whereof ye shall not cause him to be warned by your self or by others and that ye shall do equall Law and execution of right to all his Subjects rich and poore without having regard to any person And that you take not by your self or by other privatly nor apertly guift nor regard of gold nor silver nor of any other thing which may turn to your profit unlesse it be meat or drinke and that of small value of any man that shall have any plea or processe hanging before you as long as the same processe shall be so hanging nor after for the same cause And that ye take no Fee as long as ye shall be Justice nor Robes of any man great or small but of the King himself And that ye give none advice nor counsell to no man great nor small in no case where the King is party And in case that any of what estate or condition they be come before you in your Sessions with force and arms or otherwise against the peace or against the form of the Statute thereof made Stat 2. E. 3. 3. to disturb execution of the Common-Law or to ●●●ace the people that they may not pursue the Law that ye shall cause their bopies to be arrested and put in prison And in case they be such that ye cannot arrest them that ye certifie the King of their names and of their misprision hastily so that he may thereof ordain a conveniable remedy And that ye by your selfe nor by others privily nor apertly maintain any plea or quarrell hanging in the Kings Court or else-where in the Country And that ye deny to no man common right by the Kings Lett●rs nor none other mans nor for none other cause in case any Letters come to you contrary to the Law that ye do nothing by such Letters but certifie the King thereof and proceed to execute the Law notwithstanding the same Letters And that ye shall do and procure the profit of the King and his Crown with

both on him and all that had a finger in furthering of his usurpation vers 23 24 45 53 54 for afterward the Tyrant tha● they had set up destroyed them all for their pains and in the end had his scull broke to pieces with a piece of a mill-stone thrown from the hand of a woman And after many miseries sustained by the people of Israel for their revolt from their loyalty to GOD their LORD and KING Yet in their distresse hee took compassion of them and sen● them Samuel a just and righteous Judge who judged ●hem justly all his dayes But the people of Israel like foolish men not being content with the Government of their Soveraign by Judges who ou● of doubt took such a care of them that he provided the best in the world for them would reject their Liege Lord and chuse one of their own nam●y a King that so they might be like the Pagans and Heathens who ive without God in the world which Act af theirs God plainly declares was a rejection of him th●t he should not reign over them 1 Sam. 87. and chap. 10. 19. Bu● withal he desc●●beth vnto them the behaviour of the King vers 11 12 13 14 16. which 1 Sam. 8. 7. and 10. 9. is that he will rule and govern them by his own will just Tyrant like for saith Samuel he will take your Sons and appoint them for himselfe for his Chariots and to be his hor●em●n and ome shall run before his Chari t s and he will take by his Prerogative your Fi●lds and your Vineyards and you● Oliveyards eve● the hest of them and give them to his Servants and he will take your men-servants and your maid-servants and your goodliest young-men and your Asses and put them to his worke c. And saith Samuel you shall cry out in that day because of your King which ye shall have chosen unto you but the Lord will not hear you in that day And Samuel in the 12. C●ap●er gives them positively the reason ofi● which was that although GOD in all their straights had taken compassion on them and sent them deliveries and at the last had by himself set them free on every side so that they dwelt sately Yet all this would not content them but they would have a King to reigne over them when s●●h Samu●l the ●ord your God was your King therefore chap. 1● 19. saith Samuel ye have this day rejected your God who himself saved you out of all your adversities c. yea and in the 19. ver of the 12. chap. the People acknowledged that they had added unto all their sins this evill even to ask a King Whereb we may evidently p●rceive that this office of a King is not in the least of Gods institution neither is it to b● given to any man upon earth Because none must rule by his will but God alone And therefore the Scripture saith He gave them a King in his anger and took him away in his wrath Hosa 13. 11. In the second place for the proofe of the minor Proposition which is That Charles R. received his Crown and Kingdome by contract and agreement and hath broken his contract and agreement I thus prove And first for the first part of the position History makes it clear that WILLIAM THE CONQVEROVR OR TYRANT being a Bastard subdued this Kingdome by force of Armes Reade Speeds Chronicle folio 413. There being slain in the first Battell betwixt him and the English about sixty thousand men on the English party As Daniel records in his History fol. 25. And having gained the Country he ruled it by his sword as an absolute Conqueror professing that he was beholding to none for his Kingdome but God and his sword making his power as wide as his will just Tyrant like giving away the Lands of their Nobles to his Normans laying unwonted taxes and heavie subsidies upon the Commons insomuch that many of them to enjoy a barren liberty forsook their fruitfull inheritance and with their w●ves and children as out-lawes lived in woods preferring that naked name of freedome before a sufficient ☞ maintenance possest under the thraldome of a Conquerar who subvert●ed their Lawes disweaponed the Commons prevented their night meetings with a h●avi● penalty that every man at th● day closing should cover his fi●e and depart to his rest there by depriving them of all opportunity to consult together how to recover their liberties collating Office●s all both of command and judicature on those who were his 〈◊〉 made saith Daniel page 46. his domination such as he● would have it For whereas the causes of the Kingdome were before determined in every Shire And by a Law of King Edward Seg●ier all matters in question should upon speciall penalty without further deferment be finally decid●d in the Gemote or Conv●●●ions held monethly in every Hundred Now he ordained That four times in the yeare for certain dayes the same businesse should be determ●ned in such place as he would appoint where he constituted Judges to 〈◊〉 to that purpose and others from whom as from the bosom● of ●he Prince all litig●tors should have justice And to make them ●s miserable as slav●s could be made He ordered that the Laws should be practised in French A● P●itions and businesses of C●urt ●n French that so the poor miserable people might be gulled and cheated undone and destroyed not onely at his will and pleasure but also at the will and pleasure of his under Tyrants and Officers For to speak in the words of Martin in his History page 4 He enacted and established strict and severe Lawes and published them in his own language by meanes whereof many who were of great estate and of much worth through ignorance did transgress● and their sm●llest offences were great enough to entitle the CONQVEROR to their lands to the lands and riches which they did possesse All which ke seized on and took from them without remorse And in page 5. he declares hat he erected sundry Courts for the administra●i●n● his ●ew Lawes and of Justice and least his Iudges sh●uld bear to● great a sway by reason of his absence he caused them all to follow his Court upon all removes Whereby he not only curbed th●ir disp●si●ions which i●cited them to be great but also tired out the English N●tion with extraordinary troubles and excessive charges in the prosecution of Suites in Law From all which relations we may observe First from how wicked bloudy triviall base and tyrannicall a Fountain our gratious Soveraignes and most excellent Majesties of England have sprung namely from the Spring of a Bastard of poore condition by the Mothers side and from the p●rnitious springs of Robbery Pyracie violence and Murder c. Howsoever fabulous Writers striv● as Daniel saith to abuse the credulity of after Ages with Heroicall or mircaulous beginnings that surely if it be rightly considered there will none dote upon those kind of Monsters Kings bu●

Knaves Fooles Tyrants or Monopolizers or unjust wretched persons that must of necessity have their Prerogative to rule over all their wickednesses Secondly Observe from hence from what a pure Fountain our inslaving Lawes Judges and Practises in Westminster Hall had their originall namely from the will of a Conqueror and Tyrant for I find no mention in History of such Iudges Westminster Hall Courts and such French u●godly proceedings as these untill his dayes the burthen of which in many particulars to this day lies upon us But in the 21. of this Tyrants reigne After that the captivated Natives had made many struglings for their liberties and he having alwayes suppressed them and made himself absolute He began saith Daniel fol. 43. to govern all by the customes of Normandy whereupon the agrieved Lords and sad People of England tender their humble Petition beseeching him in regard of his Oath made at his Coronation and by the soule of St. Edward from whom he had the Crown and Kingdome under whose Lawes they were born and bred that he would not adde that misery to deliver them up to be judged by a strange Law wh●●h they underst●●d no● A●d saith he so earnestly they w●ought that he was pleased to confirme that by his Charter which he had twice ●ore-prom●●d by ●is Oath And gave commandment unto his I●stitiaries to see those Lawes of St. Edward to be invi●lably observed th●ough u● the Kingdome And yet notwithstanding this co●firmatio● 〈◊〉 the C●●r●ers afterward granted by Henry the secon● ●nd King Iohn to the same effect There followed a great Innovation b●th in Lawes and Government in England so that this seemes rather to h●ve b●en done to acquit the people with a shew of the confi●mation of their antient Customes and liberties then that they enjoyed them inessect For whereas before those Lawes they had were written in their tongue i●telligible unto all Now they are tra●slated into Latine and French And whereas the Causes of the Kingdome were before determined in every Shire And by a Law of King Edward s●nior all matters in question should upon speciall penalty w●tk●ut ●urther deferment be finally decided in their Gemote or Conventions held monethly in every Hundred A MOST GALLAN● LAW But he ●et up his ●udges four times a yeare where he thought good to he●● their Causes Again before his Conquest the inheritances descended not alone but after the Germane manner equally divided to all the children which he also altered And after this King alias Tyrant had a cruell and troublesome raign his own Son Robert rebelling against him yea saith Speed fol. 430. all things degenerated so in his cruell dayes that t●me and domestick● fowles as Hens Geese Peacocks and the like fled into the Forrests and Woods and became very wild in imitation of men But when he was dead his Favourites would not spend their pains to bury him and scarce could there be a grave procured to lay him in See Speed fol. 434. and Daniel fol. 50. and Martin fol. 8. WILLIAM THE SECOND to cheat and cosen his eldest brother Robert of the Crown granted relaxation of tribute with other releevements of their dolencies and restored them to the former freedome of hunting in all his Woods and Forrests Daniel fol. 53. And this was all worth the mentioning which they got in his dayes And then comes his brother Henry the first to the Crown and he also stepping in before Robert the eldest brother and the first actions of his government tended all to bate the people and suger their subjection as his Predecessour upon the like imposition had done but with more moderation and advisednesse for he not only pleaseth them in their releevement but in their passion by punishing the chiefe Ministers of their exactions and expelling from his Courtall dissolute persons and eased the people of their Impositions and restored them to their lights in in the night c. but having got his ends effected just tyrant-like he stands upon his Prerogative that is his will and lust but being full of turmoiles as all such men are his Son the young Prince the only hope of all the Norman race was at Sea with many more great ones drowned after which he is said never to have been seen to laugh and having besides this great losse many troubles abroad and being desirous to settle the Kingdome upon his daughter Maud the Empresse then the wife of Coffery Plantaginet in the 15. year of his reign he begins to call a Parliament being the first after the Conquest for that saith Dan. fol. 66. he would not wrest any thing by an imperiall power from the Kingdome which might breed Ulcers of dangerous nature he took a course to obtain their free consents to observe his occasion in their generall Assemblies of the three Estates of the Land which he convocated at Salisbury and yet notwithstanding by his prerogative resumed the liberty of hunting in his Forrests which took up much faire ground in England and he laid great penalties upon those that should kill his Deere But in this Henry the first ended the Norman race till Henry the second For although Henry the first had in Parliament caused the Lords of this Land to swear to his Daughter Maud and her Heires to acknowledge them as the right Inheritors of the Crown Yet the State elected and invested in the Crown of England within 30. dayes aftter the death of Henry Stephen Earle of Bolloign and Montague Son of Stephen Earl of Blois having no title at all to the Crown but by meer election was advanced to it The Choosers being induced to make choice of him having an opinion that by preferring one whose title was least it would make his obligation the more to them and so they might stand better secured of their liberties then under such a one as might presume of a hereditary succession And being crowned and in possession of his Kingdome hee assembleth a Parliament at Oxford wherein hee restored to the Clergie all their former liberties and freed the Laity from their tributes exactions or whatsoever grievances oppressed them confirming the same by his Charter which faithfully to observe hee took a publike Oath before all the Assembly where likewise the BBs swore fealty to him but with this condition saith Daniel folio 69. SO LONG AS HE OBSERVED THE TENOVR OF THIS CHARTER And Speed in his Chronicle fol. 468. saith that the Lay-Barons made use also of this polici● which I say is justice and honesty as appeareth by Robert Earl of Glocester who swore to be true Liege-man to the King AS LONG AS THE KING WOVLD PRESERVE TO HIM HIS DIGNITIES AND KEEPE ALL COVENANTS But little quiet the Kingdome had for rebellions and troubles dayly arose by the friends of Maud the Empresse who came into England and his Associates pitching a field with him where he fought most stoutly but being there taken hee was sent prisoner to Bristell And after this Victory thus

all things where you may reasonably do the sam● And in case ye be from henceforth found in default in any of the points aforesaid ye shall be at the Kings will of Body Lands and Goods thereof to be done as shall please him As God you help● and all Saints But now in regard we shall for brevities sake but only touch at Richard the s●c●nd who for his evill government was Artic●ed against in Parliament Martine fol. 156 157 158 159 160. Speed fol. 742. The substance of which in Speeds words were First in the front was placed his abuse of the publike treasure and unworthy waste of the Crown-Land whereby he grew intollerable grievous to the Subjects The particular causes of the Dukes of Gloucester and Lancaster the Arch-Bishop of Canterbury the Earle of Arundel filled sundry Articles They charged ●im in the rest with dissimu●ation fa●shood ●osse of honour abroad in the world extortio●s rapine deniall of Justice rasu●es and e●b●zelling of records dishonourable shifts wicked Axi●mes of S●at● cruelty covetousnesse subordinations lasciviousness● reason to the rights of the Crown perjuries and bri●fly wi●h all sorts of unkingly vices and with absolute tyranni● Upon which it was concluded That he had broken his Cont●act made with the Kingdome or the Oath of Empire taken at his Coronation and adjudged by all the States in Parliament That it was sufficient cause to depose him and then the diffinitive sentence was passed upon him And wee shall wholly passe over Henry the 4. 5. and 6. Edward 4. and 5. Richard 3. Hen. 7. and 8. and shall come down to King Charles and not mention the particular miseries blood-sheds cruelties treason tyrannies and all manner of miseries that the free-born people of this Kingdome underwent in all or most of their wicked raigns especially in the Barons warres In which time the Inhabitants of England had neither life liberty nor estates that they could call their own there having been ten Batte●s of note fought in the Bowels of this Kingdome in two of their R●igns only viz. Hen. 6. and Edw. th● 4. In one of which 〈◊〉 there was 37. thousand English sl●i● Martine fol 393 394 ●95 I say w● wi●l p●ss● by all these a●d give you the Copy of the Oath that King Edward 2. and K●●g Edward h● 3. by authority of Parliamen● took and which all th● Kings and Queens of England since to this day at th●i● Coronation ●ither took or ought to have taken never having b● au●●ori●y of Parliament b●en altered since that I could hear of by which it will cleerly appeare that the Kings of England receive their Kingdoms co●di●io●all● The true Copy of whic● as I find it in this Parliaments Declaration made in reply to the Kings Declaration or answer ●o their Remonstrance dated 26. May 1642. and set down in the Booke of Declarations page 713. SIR Will you grant and keep and by your Oath confirme unto the People of England the Lawes and Customes granted to them by antient Kings of England rightfull men and devout to God and namely the Lawes and Customes and Franch●ses granted to the Clergie and to the People by the glorious King Edward to your power Sir Yee keepe to God and to Holy Church to the Clergie and to the People Peace and accord wholly after your power Sir Yee do to be kept in all your Domes and Iudgments true and even Righteousnesse with Mercie and Truth The King shall answer I shall doe it Sir Will you grant defend fulfill all rightfull Laws and Customes the which the COMMONS of Your Realme shall choose and shall strengthen and maintain them to the Worship of GOD after Your power The King shall answer I grant and behight And then the Arch-Bishop of Canterbury at the time of the Coronation goes or should goe to the four sides of the Scaffold where the King is crowned and declares and relates to all the People how that Our Lord the King had taken the said Oath enquiring of the same people If they would consent to have him their King and Liege Lord to obey him as their King and Liege Lord who with one accord consen●ed thereunto Now let all the world be judge whether the Kings of England receive their Kingdom●s by contract yea or no. And if they do receive them by contract as is already undeniably proved before Then what becomes of that wicked and tyrannicall Maxime avowed by King Charles immediatly after his Answer to the Petition of Right Book Statutes fol. 1434. viz. That he did owe an account of his actions to none but GOD alone And of that erroneous Maxime mentioned in Book Declaration pag. 266. viz. That Kingdomes are Kings own and that they may do with them what they will as if Kingdomes were for them and not they for their Kingdomes But if any man shall object and say that King Henry the 8. with his own hands altered this Oath and therefore it is not the same Oath which King Charles hath taken To which I a●sw●r and say The Parliament in their Declaration g●a●●s that King Hen. the 8. c. a●tered it but they also say pag. 712. They do conceive that neither he nor any other had power to alter it without an Act of Parliament And in pag. 708. 709. They say They well know what Kings have d●ne in this point But we know also say ●●ey that what they have done is no good rule alwayes to interpret what they ●●ght to have done for that they are bound to the observation of Lawes by their Oath is out of question and yet the contrary practised by them will appear in all ages as often But to put this out of doubt whosoever reades the Oath taken by this King which he himself sets down in his Declaration Book Declar. pag. 290 291. will find no materiall difference betwixt that which hee took and that which he ought to have taken saving in that clause of passing New Lawes But there is enough in that he tooke to prove my assertion viz. That he received his Crown by a Contract which further to prove I alledge the Petition of Right which whosoever seriously readeth with his Answer to it shall finde it to be a large and absolute Declaration of a contracted duty betwixt him and his people viz. That it was his duty to govern them by Law and not by his Prerogative Will And when his first answer to their Petition did not please the Parliament they pressed him again out of Right to give a satisfactory one Which he out of Duty doth saying Let right b● done as is desired So that this is a clear demonstration and enough to prove that there is not only a bare Contract betwixt the King and the People but also that he is bound by duty to grant such Lawes as they shall rationally choose although there were no such Statute as the 25. of Edward the 3. which they mention in pag. 268 nor no such clauses as they speak

in or about the year 1214. The Prelates Lords and Commons severally and joyntly enacted That forsomuch as neither King John nor any other King could bring his Realme and People to such thraldome but by common consent of Parliament which was never done and that in so doing he did against his Oath at his Coronation besides many other causes of just exception If therefore the Pope thence forwards should attempt any thing therein the King with all his Subjects should with all their forces and powers resist the same and rather hazzard all their lives and livelihood then endure his usu● pation● But if any man should so dote upon those Pagean●s Tyrants Kings the supposed and pretended a●nointed of the Lord as yet not to think it sufficient to prove that not onely the present King Charles his own acknowledgment and confession will be of force sufficient to pull all Scales of blindnesse from their eyes and all hardnesse and unbelievingnesse of heart from their hearts His own words in his answer to the House of Commons first Remonstrance Book Declar. pag. 25. are these We have thought it very suitable to the duty of Our place and pag. 29. and We ●aith he doubt not it will be the most acceptable Declaration a King can make to his Subjects that for Our part We are resolved duly not only to observe the Lawes Our Self but to maintain them agrinst what opposition soever though with the hazard of Our Being and a little below We acknowledge it a high crime saith he against Almighty God and inexcusab●● to Our good Subjects of Our three Kingdomes if We did not to the utmost imploy all Our power and faculties to the speediest and most effectuall assistance and protection of that distressed people of Ireland And in his Message 28 April 1642. page 157. speaking of the Militia he saith We conceive it prejudiciall to Our Self or inconvenient for Our Subjects for whom We are trusted and page 167. Himself saith That if the Prerogative of the King over-whelme the Liberty of the People it will be turned to tyrannie And he himself page 284. defines tyrannie to be nothing else but to admit no rule to govern by a mans own will But above all the rest remarkable is his own confession in his answer to the Parliaments Declaration of the 19. May 1642. where in page 152. He honestly and plainly acknowledgeth that He is to give an account of his Office not only to God but also to his other Kingdoms But as the Parliament saith page 701. This is a strange Paradox that his Majesty by his own Confession owes an ●account to his other Kingdomes of his Office and Dignity of a King in this kingdome itself where he resides and hath his being and subsistence And in page 311. He acknowledgeth God hath entrusted Him with his regallity for the good of his People and if it be for their good then not for their mischief and destruction but God hath entrusted him and how is that The truth is God is no more the Author o● Regall then of Aristocratical power nor of Supreame then of Subordinate Command Nay that Dominion which is usurped and not just whilest it remains Dominion and till it be legally again divested refers to God as its Author and Donor as much as that which is Hereditary and permissively from God and not approbationally instituted or appointed by him And that Law which the King mentioneth is not to be understood to bee any speciall Ordinance sent from Heaven by the Ministry of Angels or Prophets as amongst the Jewes it sometimes was It can be nothing else amongst Christians but the actions and agreements of such and such politike Corporations Power is originally inherent in the People and it is nothing else but that might and vigour which such and such a Society of men contains in it self and when by such and such a Law of common consent and agreement it is derived into such and such hands God confirmes the Law And so man is the free and voluntary author the Law is the instrument and God is the establisher of both as the observator in the first page of the first part of his most excellent observations doth observe And though Kings make a huge matter of that saying of God by me Kings Raigne as though there were some superlative naturall inbred inherent deity or exellency in Kings above other men y●t we may say an● that tru●y That by God all mankind lives moues and have their being yea and raignes and gove●ns as much by God in their inf●rior orbs of Cityes hundreds wa●enta●es and families as well as Kings in their Kingdoms yea though God himselfe in an extraordinary and immediate manner chose a●d appointed Saul David and Solomon to be Kings of Israel Yet so just was the righ●eous God that ●e w●u●d 〈◊〉 imp●se them u●o● the people of Isra●l against their own ●il●● and mind●s 〈◊〉 he● did t●ey rule as K●●g till by t●e c●mmo● c●nsent of t●e people they ch●se ●hem and 〈◊〉 ●he● to raigne ov●r ●hem 1 Sam. 10. 20. 24. 2 Sam. 2. 24. and Ch●p 5. 1. 2. and 3. and 1 Kings 38 39 ●0 So t●at ●h●ir auth●r●ty did originally as inhere●tl● flow from the pe●ple as well as their speciall ●ssig●ation from God a●d t●ey were to rul● and govern them by the Law of God ●nd not by the rule and Law of their own wil● unto which Law ●hey were to be as 〈◊〉 and subject as the meanest of the people yea and as ●ya●le to punishment and to have their tra●sgr●ssi●ns ●ayd to t●●ir charge As Lieu●e●a●t Collon●l Lilburne ●ath 〈◊〉 and fully proved in his late printed Epistle to Judge Reves p●g These things righ●ly considered doth co●demn thos● two maxims for wicked ungodly and tyrannic●●l w●ich are ●ayd downe so in the booke of D●clara●io●s pag 199. 3. 4. viz. That the King can do no wrong The second is that the King is the fountaine of justice But to returne againe to the Kings own word ●e saith pag. 313. We were unwo●●hy the trust repo●ed in us by the Law and of our descent from so many great and famous Ancestors if w● could be brought to abondon that power which onely can enable us to performe what we are sworne to in protecting our people and the Lawes What can be said more plaine then this to prove him an Officer of 〈◊〉 Trust But seeing he speakes of his Ancestors Let me tell him that if he had no better title to his Crown then to claime it his by a kind of Divine Right from his Progenitors and because he is the next Heire to King James It would be by Scripture a very weak title We find in Scripture that Salomon a younger Son c. was made King principally because of his fitnesse to govern when divers of his elder brethren wen● without the Crown And if any in the world might have pleaded the priviledges of being next heire Davids Sons and Sons

that so he might bee in an impossibility to understand how they intended to proceed against him Wherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the law to admit him to your Bar himself to plead his own cause if you be not satisfied in the māner of his proceedings or else according to law justice that duty and obligation that lyeth upon you forthwith to release him from his unjust imprisonment to restrain prohibit the illegal arbitrary proceedings of the Lords according to that sufficient power instated upon you for the enabling you faithfully to discharge the trust reposed in you and to vacuate this his illegall sentence and fine and to give him just and honorable reparations from the Lords and all those that have unjustly executed their unjust Commands It being a Rule in Law and a Maxime made use of by your selves in your Declaration 2. November 1642. r That the Kings illegall commands though accompanied with his presence do not excuse those col declar 723. that obey them much lesse the Lords with which the Law accordeth and so was resolved by the Judges 16. Hen. 6. s s See Cook 2 part instit f. 187. And that you will legally and judicially examine the Crimes of the Earle of Manchester and Colonell King which the Petitioners husband and others have so often complained to you of and do exemplary justice upon them according to their deserts or else according to Law and Justice punish those if any that have falsly complained of them t t 3. E. 33. 2. R. 2. 5. 37. E. 3. 18 38 E. 3. 9. 12. R. 2. 11. 17. R. 2. 6. 22. p. M. 3. 1. El. 6. And that you would without further delay give us reliefe by doing us justice v v 9. H. 3. 29. 2. E. 3. 8. 5. E. 3. 9. 14. E. 3. 14. ●1 E. 2. 10. All which she the rather earnestly desireth because his imprisonment in the Tower is extraordinary chargeable and insupportable although by right and the custome of that place his fees chamber and diet ought to be allowed him and paid out of the Treasure of the Crown he having wasted and spent himself with almost six years attendance and expectation upon your Honours for justice and raparations against his barbarous sentence c. of the Star-chamber to his extraordinary charge and dammage and yet never received a penny and also lost divers hundred pounds the year he was a prisoner in Oxford Castle for you Neither can he receive his Arrears the price of his blood for his faithfull service with the Earl of Manchester although he spent with him much of his own money And the last yeare by the unadvised meanes of some Members of this Honourable House was committed prisoner for above 3. Moneths to his extraordinary charges and expences And yet in conclusion he was releast and to this day knoweth not wherefore he was imprisoned For which according to Law and Justice hee ought to receive reparations but yet he never had a peny All which particulars considered doe render the condition of your Petitioner her husband and children to be very nigh ruine and destruction unlesse your speedy and long-expected justice prevent the same Which your Petitioner doth earnestly intreat at your hands as her right and that which in equity honour conscience cannot be denied her w w col declar 127 174 244 253 282 284 285. 312 313. 321 322 467 490 514 516 520 521 532 533 534 535 537 539 541. 543 555 560. And as in duty bound she shall ever pray that your hearts may be kept upright and thereby enabled timely and faithfully to discharge the duty you owe to the Kingdome according to the Great Trust reposed in you And so free your selves from giving cause to be judged men that seek your selves more then the publike good We will only speak two or three words to one thing more fully mentioned in her Petition and to another thing not mentioned at all in her Petition very requisite to be taken notice of in the manner of his Tryall which is That by Law it ought to have been publike Now for the first of these which is the illegallity of all their Warrants they committed him by learned and grave Sir Edward Cooke in his most execllent worthy and pretious Exposition of the 29. Chapter of Magna Charta his 2. Part. Institut fol. 52. saith thus Now seeing that no man can be taken arrested attached or imprisoned but by due processe of Law and according to the Law of the Land these conclusions hereupon do follow First that a commitment by lawfull Warrant either in deed or in law is accounted in law due processe or proceeding of Law and by the Law of the Land as well as by processe by force of the Kings Writ Secondly That he or they which do commit them have lawfull authority Thirdly that this Warrant or Mittimus be lawfull and that must be in writing under his hand and seale Fourthly the cause must be contained in the Warrant as for Treason Fellony c. or for suspition of Treason o● Fellony c. Otherwise if the Mittimus contain no cause at all it is illegall And if the prisoner escape it is no offence at all Whereas if the Mittimus contained the cause the escape were Treason or Fellony though he were not guilty of the offence and therefore for the Kings benefit and that the prisoner may be the more safely kept the Mittimus ought to contain the cause Fifthly the Warrant or Mittimus containing a lawfull cause ought to have a lawfull conclusion viz. and him safely to keep until he be delivered by Law c. and not untill the party committing doth further order And this doth evidently appear by the Writs of abeHas Corpus both in the Kings-Bench Common-Pleas Exchequer and Chancery See pag. 52 53. 2. part Institut REx Vicecom London Salutem Praecipimus vobis quod corpus Out of the Kings Bench A. B. in custodia vestra detent ut dicitur una cum causa detentionis suae quocunque nomine praed A. B. censeatur in eisdem habeatis coram nobis apud Westm Die Jovis prox post Octab. St. Martini ad submittend recipend ea quae curia nostra de eo ad tunc ibidem ordinari contigerit in hac parte hoc nullatenus omittatis periculo in cumbente habeatis ibi hoc breve Teste Edw. Cook 20. Novemb. Anno Regni nostri 10. THe King to the Sheriffs of Lon. greeting We command you that you have the body of A. B. now detained in your custody as is said together with the cause of this detention by what Name soever the said A. B. be called therein before Vs at Westminster upon Thursday Eight dayes after the Feast of St. Martins to submit and receive what Our Court shall then and there order concerning him Faile not hereof at

ruled and governed by the King and his Prerogative Nobles and by lawes flowing from their wils and pleasures and not made by common consent by the peoples commissions assembled in Parliament as it is now at this day but he and his successors giving such large Charters to their Compeeres and great Lords as to one to be Lord great Chamberlain of Englands another Lord Constable of England to another Lord Admirall of England c. By meanes of which they had such vast power in the kingdome having then at their beck all the chiefe Gentlemen and Free-holders of England that used to wait upon them in blew Jackets so that they were upon any discontent able to combine against their Kings their absolute creators and hold their noses to the grind-stone and rather give a Law unto them then receive a law from them in which great streits our former Kings for curbing the greatnesse of these their meere creatures now grown insolent were forced to give new Charters Commissions and Writs unto the Commons then generally absolute vassals to choose so many Knights and Burgesles as they in their own breasts should think fit to be able by joyning with them to curb their potent and insolent Lords or trusty and well-beloved Cousins which was all the end they first called the Commons together for yet this good came out of it that by degrees the Commons came to understand in a greater measure their rights and to know their own power and strength By means of which with much struggling we in this age come to enjoy what wee have by Magna Charta the Petition of Right and the good and just Lawes made this present Parliament c. which yet is nothing nigh so much as by right we ought to enjoy For the forementioned Author of the book called The manner of holding Parliaments in England as 20 21. pages declares plainly that in times by-past there was neither Bishop Earle nor Baron and yet even then Kings kept Parliaments And though since by incursion Bishops Earles and Barons have been by the Kings prerogative Charters summoned to sit in Parliament yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bishops Earles and Barons And before the Conquest he positively declares it was a right that all things which are to be affirmed or informed granted or denied or to be done by the Parliament must be granted by the Commonalty of the Parliament who he affirmes might refuse though summoned to come to Parliament in case the King did not governe them as he ought unto whom it was lawfull in particular to point out the Articles in which he misgoverned them And suitable to this purpose is Mr. John Vowels judgment which Mr. Pryn in his above-mentioned book pag. 43. cites out of Holinsh Chro. of Ireland fol. 127 128. His words as Mr. Pryn cites them are thus Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they wil not come or if they come they will not yet appear or if they come appear yet will not do or yeeld to any thing Then the King with the consent of his Commons may ordain and establish any Acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents but on the contrary if the Commons be summoned and will not come or coming will not appear or appearing will nor consent to do any thing alleadging some just weighty and great cause The King in these cases * Cromptons jurisdictiō of courts fo 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33● H 6. 17. dju-lged accordingly prerogative 134. cannot with his Lords devise make or establish any Law The reasons are when Parliaments were first begun and ordained THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT AND THE TEMPORALL LORDS were very few or none and then the King and his Commons did make a full Parliament which authority was never hitherto abridged Again every Baron in Parliament doth represent but his owne person and speaketh in he behalf of himself alone But the Knights Citizens and Burgesses are represented in the Commons of the whole Realm and every of these giveth not consent for himself but for all those also for whom he is sent And the King with the consent of his COMMONS had ever a sufficient and full authority to make ordain and establish good wholesome Lawes for the Common-wealth of his Realm Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament can●ot by their folly abridge the King and the Commons of their lawfull proceedings in Parliament Thus and more John Vowel alias Hooker in his order usage how to keep a Parliament which begins in the foresaid History pag. 121. and continues to pag. 130. printed Cum Privil●gio And Sir Edward Cook in his Institutes on Magna Charta proves That the Lords and Peers in many Charters and Acts are included under the name of the Commons or Commonalty of England And in his Exposition of the second Chapter of Magna Char●a 2. part Institutes fol. 5. He declares that when the Great Charter was made there was not in England either Dukes Marquesse or Viscounts So that to be sure they are all Innovators and Intruders and can claime no originall or true interest to sit in Parliament sith they are neither instituted by common consent nor yet had any being from the first beginings of Parliaments in England either before the Conquest or since the Conquest nor the first Duke saith Sir Edward Cook Ibidem that was created since the Conquest was Edw. the black Prince In the 11. year of Edw. the third and Rob. de Vere Earl of Oxford was in the 8. year of Richard the 2. created Marquesse of Dublin in Ireland And he was the first Marquesse that any of our Kings created The first Viscount that I find saith he of Record and that sate in Parliament by that name was John Beumont who in the 8. yeer of Hen. the 6. was created Viscount Beumont And therefore if Parliaments be the most high and absolute power in the Realm as undeniably they are for Holinshed in his fore-mentioned Chronicle in the D●scription of England speaking of the high Court of Parliament and authority of the same saith pag. 173. thereby Kings and mighty Princes have from time to time been deposed from their Th●ones ●awes either enacted or abrogated offendors of all sorts punished c. Then much more may they disthrone or depose these Lordly prerogative Innovators and Intruders and for my part I shall think that the betrusted Commissioners of the Commons of England now assembled in Parliament have not faithfully discharged their duty to their Lords and Masters the people their impowerers till they have effectually and throughly done it And if the Lords would be willing to come and sit with them as one house