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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

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Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like ●o receive from this Popish Army the late Gunpouder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safetiè the Kingdome may expect in Church or State whiles Popery and Papists have any armed power or being among us f In his Sermon there Mar. 24. 1615. p. 43 44. Doctor John White hath long since proclaymed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it bath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the great his time but the Pope and his ministers have had a hand in it All that these ill advisers to colour their close g See Plaine English designe of reestablishing Popery principally intended can alledge Obj. Crimination 1. for arming Papists against Law is That the Parliament hath traytorously invaded the Kings Prerogatives in a high degree claymed a power and jurisdiction above his Majesty in sundry particulars and ●surped ●o its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolencies and reduce the Parliament to its due limits his Majestie is now necessited to raise an Army and pray in avde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall in this service To answer which pretence more fully though it be for the maine of it most palpably false yet by way of admission onely I shall suppose it true and with all possible brevitie manifest That Parliaments Prelates Peeres and Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of ●ll others have least cause to taxe the Parliaments proceedings and those ill Counsellors small reason to im●loy Answ or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its h The observations A suller answer to Doctor Ferne with others Advocates with its approbation affirme that ●e Parliament being the representative body of the whole Kingdome is in some respects of greater power and authoritie ●hen the King who though he be singulis major yet he is universis minor which is contrary to the oath of supremacy wherein every Subject * 1 Eliz. ch 2. doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SVPREAME GOVERNOVR of this Realme c. as well in all spirituall or Ecclesiasticall causes as Temporall ●nd a kind of unkinging his Majestie no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broa●hers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his ●eigne lib. 2. cap. 16. f. 34. a. resolves thus i Rex habet superiorem Deum c. Item legem per quam factus est Rex-Item Curiam s●●● viz. Comites et Barones quia Comites dicuntur quasi socis Regis qui habet socium habet m●●istrum Et ideo si Rex fuerit sine fran● i fine lege DEBENTEI FRAENVM IMTONERE c. But the King hath a SVPERIOVR to wil God Also the Law by ●hich he is made a King likewise his Court namely the Earles and Barons because they are called Comites as being ●e Kings fellowes or companions and he who hath a fellow or associate hath a Master and therefore if the King shall ●e without a bridle that is without Law they OVGHT to impose a bridle on him unlesse they themselves with the King ●all be without bridle and then the Subjects shall ery out and say O Lord Jesus Christ doe thou bind their jawes with it and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are ●bove the King and ought to bridle him when he exorbitates from the Law which he also seconds in some sort ●b 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes and after times that in the great Councell of Basil Anno 143● when this mighty question was debated whether a Pope were above a generall Councell or a Councell above him such a Councell was at last resolved to be above the Pope upon this reason among others k Fox Acts Monume Edit 1641. Vol. 2 p. 879 880. Aeneas Sylvius de gestis concilii Basiliensis Surius concil Tom. 4. The Pope is in the Church as a King is in his Kingdome and for a King to be of more authority then his Kingdome it were too absurd Ergo Neither ought the Pope to be above the Church In every well ordered Kingdome it ought specially to be desired that the whole Realme should be of more authority then the King which if it happened contrary were not to be called a Kingdome but a Tyranny And like as oftentimes Kings which doe wickedly governe the Common-wealth and expresse cruelty are deprived of ●heir Kingdomes even so it is not to bee doubted but that the Bishop of Rome may be deposed by the Church that is to say by the generall Councell At the beginning as * Lib. 2. Cicero in his Offices saith it is certaine there was a time when as the people lived without Kings But afterwards when Lands and possessions began to be divided according to the Custome of every Nation then were Kings ordained for no other causes but onely to execute justice for when at the beginning the common people were oppressed by rich and mighty men they ran by and by to some good and vertuous man which should defend the poore from injury and ordaine Lawes whereby the rich and poore might dwell together But when as yet under the rule of Kings the poore were oftentime● oppressed Lawes were ordained and instituted the which should judge neither for hatred nor favour and give like eare unto the poore as rich whereby wee understand and know not onely the people but also the King to be subject to the Law For if wee doe see a King to contemne and dispise the Lawes violently rob and spoyle his Subjects d●flower Virgins dishonest Matrons and doe all things licentiously and temerariously doe not the Nobles of the Kingdome Assemble together deposing him from his Kingdome set up another in his place which shall sweare to rule and governe uprightly and be obedient unto the Lawes Verily as reason doth perswade even so
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.