by these men for these be those which brought me into this lamentable plight and the misery thou seest me in A memorable strange speech of a distracted Prince And thus the Emperour Wenceslaus was likewise deposed by the Princes electors of the Empire For besotting himself so with pleasures c. as that he became altogether unfit for the government and a man unprofitable for the Empire and Christian Common-wealth and Rupert Count Palatine of Rhine and Duke of Bavaria was elected Emperour in his stead The like no doubt might be lawfully done here in England by the whole Kingdom and Parliament if any such cases of incurable folly or frenzy should befall any of our Kings who might then either create a Lord Protector to govern both King or Kingdom during such disabilities of Government in the King as Childricke for a time before his deposition was governed and over-ruled in all things by the Marshall of the Palace or else Crown the next Heir King if he be capable to Govern Yea in the time of our Saxon Kings when the right Heir was an Infant unable to govern the Crown usually descended to the next Heir of full age Hence Wibba King of Mercia deceasing Penda his son being an Infant the Crown descended to his Nephew Câ—orl of full age after whose death Penda being of ripe age inherited the Kingdom So King VVulfcher deceasing leaving his son Kenred within age his Brother Ethelred succeeded him who resigning his Crown and turning Monke after he had Reigned 30. yeers Kenred then of full age enjoyed the Crown So Ethelfred King of Northumberland dying Edelwald his Brother entred the Government and Reigned Aldulfe Ethelherds son being then a minor who enjoyed not the Crown till after Edelwalds death So Casseâ—elan succeeded Lud his Brother in the Kingdom of Britain Luds sons being too young and insufficient to Reign The like was very usuall in Scotland of which there are divers presidents in Grafton Hector Boetius and Buchanan which I pretermit All which particulars laid together are a most clear unanswerable demonstration that the Soveraignest power and Jurisdiction of all others resides in the whole Kingdom and Parliament not in the King himself since they may thus dispose of the very Crown it self and are the sole and onely supream Judges to determine all controversies all titles which concern it The King alone having no power to transfer it to any other without the Lords and Commons free consents as was resolved in the case of King Iohn who resigned and granted his Crown to the Pope without the Kingdoms consent and therefore the resignation and grant were adjudged void not onely by the French King and his Lords but by our own Parliament as you may read in 40. Ed. 3. Nu. 8. and in Doctor Crakenthorpe Of the Popes temporall Monarchy Cap. 2. p. 251. to 255. I shall conclude this point with the words of this memorable Record The Prelates Dukes Counts and Barons being in the white Chamber and the Commons in the Painted Chamber it was shewed unto them by the Chancellour how they had understood the cause of the Summons of Parliament in generall but the will of the King was that the causes should be shewed unto them in speciall telling them how the King had understood that the Pope by vertue of a Deed which he said that King John had made to the Pope to do him homage for the Kingdom of England and the land of Ireland and that by reason of the said homage that he ought to pay him every yeer perpetually one thousand Marks and that he purposeth to make out Processe against the King and his Realm for the said Service and Rent concerning which the King prayed the advice and counsell of the Prelates Dukes Earles and Barons and what he should do in case the Pope would proceed against him for this cause or against the said Realm And the Prelates prayed the King that they might thereupon advise alone by themselves and return their answer the next morning which Prelates by themselves the next morning and after the said Dukes Earls Barons and great men answered and said That the said King John NOR NO OTHER MIGHT PUT HIMSELF NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THE ASSENT AND ACCORD OF THEM And the Commons being advised and consulted with thereupon answered in the same manner Whereupon it was ordained and assented BY COMMON CONSENT in manner following In this present Parliament held at Westminster the Munday next after the Invention of holy Crosse in the yeer of the reign of King Edward the 40. as well to maintain the estates of holy Church as the rights of his Realm and his Crown it hath been shewed amongst other things how it hath been reported and said that the Pope by vertue of a Deed which he said that the said John late King of England had made to the Pope in perpetuity to do him homage for the realm of England and land of Ireland and by reason of the said homage to render to him an Annuall rent and hath purposed to make Processe against the King for to recover the said Services and rent The which thing being shewed to the Prelates Dukes Earls Barons and the Commons to have their advice and counsell thereupon and to demand of them what the King should do in case that the Pope should proceed or attempt any thing against him or his Realm for this cause Which Prelates Dukes Earles Barons and Commons having taken full deliberation thereupon answered and said OF ONE ACCORD That the said King John NOR NO OTHER MIGHT PUT THEMSELVES NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THEIR ASSENT And as it appears by many evidences that if it were done it was done WITHOUT THEIR ASSENT AND AGAINST HIS OATH IN HIS CORONATION And moreover that the Dukes Earls Barons great men and Commons accorded and granted That in case the Pope would endeavour or attempt any thing by Processe or any other act to constrain the King or his Subjects to perform what is said he will claim in this behalf That THEY WILL RESIST AND OPPOSE HIM WITH ALL THEIR MIGHT And before this in the great Councell of Lyons the Proxies and Procurator of the Church and realm of England in the name of the whole Realm complained and protested against this grant of King Iohn as a meer Nullity BECAUSE IT WAS MADE WITHOUT THE CONSENT OF THE REALM AND LORDS which neither did do nor ever after would consent thereto as I have elsewhere proved This being the common received opinion of all Civilians and Statists That no King or Emperour can alien or engage all or any part of his Kingdom to another without his Subjects generall consents and that such an alienation or Morgage is meerly void in Law to all intents as Albert. Gent. De jure Belli l. 3. r. 15. and Hugo Grotius proves at large De jure Belli
Plundering Cavalliers once come to a legall triall a Gallows will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallel especially if they persevere therein But of this more hereafter Sixthly Hence likewise it necessarily follows that the Houses of Parliament being the Soveraign Power ought of right to enjoy and may when they see just cause for the Kingdoms safety and benefit order the Militia Navy Ports Forts and Ammunition of the Realm and dispose of them into such persons custodies as they may safely conâ—ide in nominate and elect both the great Counsellers publike Officers and Judges of the Kingdom of right require if not enforce if wilfully denied the Kings Assent to all publike Bils of Right and Justice necessary for the Common-weal and safety of his Subjects in which the King hath no absolute Negative voice take up defensive Arms to protect their Priviledges Laws Liberties and established Religion not onely against Malignants and Popish Recusants but the King himself if he raise Forces against them make war upon them against his Royall Oath and duty declaring himself an open enemy to his Parliament and kingdom That they may lawfully in case of present ruine and danger without the Kings concurrence when he shall separate himself wilfully from or set himself against them which the Estates of Aragon held A WICKEDNESSE in their King Alfonso the third impose taxes on the Subject and distrain their goods imprison confine secure their persons for the publike safetie when they deem it absolutely necessary All which with other particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I trust undeceive the blinded world and convince if not satisfie the greatest Royallists Papists Malignants both in point of Law and Conscience in the next parts of this Discourse Errata and Omissions in some Copies Page 15. l. 43. for Lawes read Courts p. 40. l. 22. consâ—nts may be dissolv by their consents p. 49. l. 44. dele and p. 51. l. 20. Eleventhly r. Eighâ—hly Finis Partis Primae THE SOVERAIGNE POVVER OF PARLIAMENTS KINGDOMES OR Second Part of the Treachery and Disloialty of Papists to their Soveraignes Wherein the Parliaments and Kingdomes Right and Interest in and Power over the Militia Ports Forts Navy Ammunition of the Realme to dispose of them unto Confiding Officers hands in these times of danger Their Right and Interest to nominate and Elect all needfull Commanders to exercise the Militia for the Kingdomes safety and defence As likewise to Recommend and make choise of the Lord Chancellor Keeper Treasurer Privy Seale Privie Counsellors Iudges and Sheriffes of the Kingdome When they see just Cause Together with the Parliaments late Assertion That the King hath no absolute Negative Voice in passing publicke Bills of Right and Iustice for the safety peace and common benefit of his People when both Houses deeme them necessary and just are fully vindicated and confirmed by pregnant Reasons and variety of Authorities for the satisfaction of all Malignants Papists Royallists who unjustly Censure the Parliaments proceedings Claimes and Declarations in these Particulars Judges 20. 1. 2. 8. 9. 10. 11. Then all the Children of Israel went out and the Congregation was gathered together as one man from Dan even to Beersheba c. And ALL THE PEOPLE arose as one man saying We will not any of us go to his Tent neither will we any of us turne into his House But now this shall be the thing that we will doe to Gibeah We will goe up by lot against it And we will take ten men of an hundred throughout all the Tribes of Israel and an hundred of a thousand and a thousand out of ten thousand to fetch victualls for the people that they may doe to Gibeah according to all the folly that they have wrought in Israel Judges 11. 5. 6. 11. And it was so when the children of Ammon made warre against Israel the Elders of Gilead said unto Iepthah Come and be our Captaine that we may fight with the children of Ammon c. Then Iepthah went with the Elders of Gilead and THE PEOPLE MADE HIM HEAD AND CAPTAINE OVER THEM â— â—â—m 18. 3â— 4. And the King said unto the people WHAâ—â—â—â—EMETH YOV BEST I WILL DOE Jer. 38. 4. 5. Then Zedechiah the King said unto the Princes Behold he is in your hand FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOV It is this 28 th day of March 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke intituled The Soveraigne power of Parliaments and Kingdomes be forthwith Printed by Michael Sparke Senior Iohn White Printed at London by I. D. for Michael Sparke Senior 1643. To The Reader COurteous Reader our usuall Proverbe concerning Science That it hath no enemies but Ignorants is in a great measure now verified concerning the Proceedings of this present Parliament that few or none malignantly clam or against them but such who are in a great degree Ignorant of our Parliaments just Saveraigne Authority though many of them in their own high-towring conceits deeme themselves almost Omniscients and wiser than an hundred Parliaments compacted into one Among these Anti-parliamentall Momusses there are none more outragiously violent Papists onely excepted in exorbitant Discourses and virulent Invectives against this Parliaments Soveraigne power Priviledges Orders Remonstrances Resolutions then a Company of seemingly Scient though really inscient selfe-conceited Court-Doctors Priests and Lawyers who have so long studied the Art of flattery that they have quite forgot the very Rudiments of Divinity Law Policy and found out such a Divine Legall unlimited absolute royall Prerogative in the King and such a most despicable Impotencie Inanity yea Nullity in Parliaments without his personall presence and concurrence with them as was never heard of but in Utopia if there and may justly challenge a Speciall Scene in the next Edition of Ignoramus What God himselfe long since complained off My people are destroyed for lacke of knowledge may now be as truly averred of the people of England seduced by these blinde Guides or over-reached by Iesuitically Policies they are destroyed for want of knowledge even of the Kings just circumscribed Prerogative of the Parliaments Supreame unlimited Authority and Unquestionable Priviledges of their owne Haereditary Liberties and Native Rights of the Law of God of Nature of the Realme in the points now controverted betweene King and Parliament of the Machivilian deepe Plots of Priests and Papistâ— long since contrived and their Confederacies with forraign States now visibly appearing by secret Practises or open violence to set up Popery and Tyranny throughout our Realmes at once and by false pretences mixt with deceitfull Protestations to make our selves the unhappie Instruments of our Kingdomes slavery our Lawes and Religions utter ruine The Ignorance or Inadvertency of these particulars coupled
and Silver Money he pleased Nobili aâ—dâ—â—tiam personas ignobiles Senescallos Iudices Capitaâ—cos Consules 〈…〉 Procâ—ratores Recepâ—ores quoscunque Officiarios alios creandi 〈…〉 ponendi in singulis locis Ducatus praedicti quandâ— opus erit inflitutos 〈…〉 Officiarios autedictos amovendi loco amotorum alios subrogandi c. Heere ◠〈…〉 the Title hoâ—â—ur of a Duke and Dukedome in France given by the 〈◊〉 of England as King of France by assent and authority of a Parliament in 〈…〉 Captaines and all other Officers within that Dukedome In the Parliament Rolls of 1. H. 4. num 106. The Commons Petitioned the King that for the safety of himselfe as likewise for the safety of all his Realmâ— and of his Lieges BY ADVISE OF HIS SAGE COVNSELL hâ—e would ordaine SVRE or trusty and SVFFICIENT CAPTAINES and GARDIANS OF HIS CASTLES and FORTRESSES as well in Englaâ—d as in Wales to prevent all perills The very Petition in effect that this Parliament tendered to his Majestie touching the Militia To which the King readily gave this answer Le Roy le voet The King wills it In the same Rol. Num. 97. The Commons likewise petitioned That the Lords Spirituall and Temporall shall not be received in time to come for to excuse them to say That they durst not to doe nor speake the Law nor what they thought for DOVBT of death or that they are not free of themselves because they are more bound under PAINE OF TREASON to keepe their Oath then to feare death or any foâ—feiture To which the King gave this answer The King holds all his Lords and Iustices for good sufficient and loyall and that they will not give him other Counsell or Advise but such as shall be Honest Iust and Profitable for him and the Realme And if any will complaine of them in speciall for the time to come of the contrary the King will reforme and amend it Whereupon we finde they did afterwards complaine accordingly and got new Privie Counsellors chosen and approved in Parliament in the 11 th Yeare of this Kings Raigne as we shall see anone And in the same Parliament Num. 108. I finde this memorable Record to prove the King inferiour to and not above his Laws to alter or infringe them Item Whereas at the request of Richard laâ—e King of England in a Parliament held at Winchester the Commons of the said Parliamâ—nt granted to him that he should be in as good libertie as his Progenitors before him were by which grant the said King woulâ— say that he might turne or change the Lawes at his pleasure and caused them to be changed AGAINST HIS OATH as is openly known in divers cases And now in this present Parliament the Commons thereof of their good assent and free will confidâ—ng in the Nobility high discretion and gracious government of the King our Lord have granted to him That they will He should be in as great Royall Liberty as his noble Progenitors were before him Whereupon our said Lord of his Royall grace AND TENDER CONSCIENCE hath granted in full Parliament That it is not at all his intent nor will to change the Lawes Statutes nor good usagâ—s nor to to take other advantage by the said graunt but for to keepe the Ancient Lawes and Statutes ordained and used in the time of his Noble Progenitors AND TO DOE RIGHT TO ALL PEOPLE IN MERCY AND TRVTH ACCORDING TO HIS OATH which he thus ratified with his Royall assent Le Roy le voet By which Record it is evident First that the Kings Royall Authority and Prerogative is derived to him and may be enlarged or abridged by the Commons and Houses of Parliament as they see just cause Secondly that King Richard the second and Henry the fourth tooke and received the free use and Libertie of their Prerogatives from the grant of the Commons in Parliament and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice Thirdly That the King by his Prerogative when it is most free by his Subjects grant in Parliament hath yet no right nor power by vertue thereof to change or alter any Law or Statute or to doe any thing at all against Law or the Subjects Rights and Priviledges enjoyed in the Raignâ—â— of ancient Kings Therefore no power at all to deprive the Parliament it selfe of this their ancient undubitable oft-enjoyed Right and Priviledge to elect Lord Chancellors Treasurers Privie Seales Chiefe Iustices Privie Counsellors Lord Lieutenants of Counties Captaines of Castles and Fortresses Sheriffes and other publike Officers when they see just cause to make use of this their right and interest for their owne and the Kingdomes safety as now they doe and have as much reason to doe as any their Predecessors had in any age When they behold so many Papists Malignants up in Armes both in England and Ireland to ruine Parliaments Religion Lawes Liberties and make both them and their Posterities meere slaves and vassalls to Forraigne and Domesticke Enemies In the 11. yeare of King Henry the 4 th Rot. Parl. numâ— 14. Art c. 1. The Commons in Parliament petitioned this King First That it would please the King to ordaine and assigne in this Parliament the most valiant sage and discretest Lords Spirituall and Temporall of His Realme TO BE OF HIS COVNSELL in aide and supportation of the Good and substantiall Government and for the weale of the King and of the Realme and the said Lords of the Counsell and the Iustices of the King should be openly sworne in that present Parliament to acquit themselves well and loyally in their counsels and actions for the weale of the King and of the Realme in all points without doing favour to any maner of person for affection or affinity And that it would please our Lord the King in presence of all the Estates in Parliament to command the said Lords and Iustices upon the Faith and Allegiance they owe unto him to doe full Iustice and equall right to every one without delay as well as they may without or notwithstanding any command or charge of any person to the contrary To which the King gave this answer Le Roy le Voet After which the second day of May the Commons came before the King and Lords in Parliament and there prayed to have connusance of the names of the Lords which shall be of the Kings continuall Counsell to execute the good Constitutions and Ordinances made that Parliament To which the King answered that some of the Lords he had chosen and nominated to be of his said Counsell had excused themselves for divers reasonable causes for which he held them well excused and as to the other Lords whom hee had ordained to be of his said Counsell Their Names were these Mounsier the Prince the Bishop of Wâ—nchester the Bishop of Duresme the Bishop of Bath the Earle of Arundâ—â— the Earle of Westmerland and
manner as the Noble Duke of Exceter was before appointed and designed to execute which charge he was sent for out of France the yeare following In the three and thirtieth yeare of this Kings reigne Richard Duke of York was made Protector of the Realme the Earle of Salisbury was appointed to be Chancellor and had the great seale delivered to him and the Earle of Warwick was elected to the Captainship of Calice and the territories of the same in and BY THE PARLIAMENT by which the Rule and Regiment of the whole Realme consisted onely in the heads and orders of the Duke and Chancellor and all the warlike affaires and businesse rested principally in the Earle of Warwick From which Offices the Duke and Earle of Salisbury being after displaced by â—mulation envie and jealousie of the Dukes of Somerset Buckingham and the Queene a bloody civill warre thereupon enfued after which Anno 39. H. 6. this Duke by a solemne award made in Parliament between Henry the sixth and him was againe made PROTECTOR AND REGENT OF THE KINGDOM By the Statutes of 25. H. 8. c. 22. 28. H. 8. c. 7. and 35. H. 8. c. 1. it is evident that the power and Right of nominating a Protector and Regent during the Kings minoritie belongs to the Parliament and Kingdome which by these Acts authorized Henry the eighth by his last Will in writing or Commission under hiâ— seale to nominate a Lord Protector in case he died during the 〈◊〉 of his heire to the Crowne and the Duke of Somerset was made Lord Protector of the King and Realme during King Edward the sixth his nonage BY PARLIAMENT And not to trouble you with any more examples of this kinde Mr. Lambard in his Archaion p. 135. Cowell in his Interpreter title Parliament Sir Henry Spelman in his Glossarium tit Cancellarius out of Matthew Westminster An. 1260. 1265. Francis Thin and Holinshed vol. 3. col 1073. to 1080. 1275. to 1286. and Sir Edward Cook in his Institutes on Magna Charta f. 174 175. 558. 559. 566. acknowledge and manifest That the Lord Chancellour Treasurer Privy Seale Lord chiefe Iustice Privy Counsellors Heretochs Sheriffs with other Officers of the Kingdome of England and Constables of Castles were usually elected by the Parliament to whom OF ANCIENT RIGHT THEIR ELECTION BELONGED who being commonly stiled Lord Chancellour Treasurer and chiefe Iustice c. OF ENGLAND not of the King were of right elected by the representative Body of the Realme of England to whom they were accomptable for their misdemeanors Seeing then it is most apparent by the premises that the Parliaments of England have so frequently challenged and enioyed this right and power of electing nominating recommending approving all publike Officers of the Kingdome in most former ages when they saw iust cause and never denuded themselves wholly of this their interest by any negative Act of Parliament that can be produced I humbly conceive it can be no offence at all in them considering our present dangers and the manifold mischiefes of the Kingdome hath of late yeeres sustained by evill Counsellors Chancellors Treasurers â—udges Sheriffs with other corrupt publike Officers to make but a modest claime by way of petition of this their undoubted ancient right nor any dishonour for his Maiesty nor disparagement to his Royall Prerogative to condiscend to their request herein it being both an honour and benefit to the King to be furnished with such faithfull Counsellors Officers Iudges who shall cordially promote the publike good maintaine the Lawes and subiects Liberties and doe equall iustice unto all his people according to their oathes and duties unfaithfull and corrupt officers being dangerous and dishonourable as well to the King as Kingdom as all now see and feele by wofull experience In few words If the Chancellors Iudges and other Officers power to nominate three persons to be Sheriffe in every County annually of which his Majesty by law is bound to pricke on â—lse the election is void as all the Iudges of England long since resolved and their authority to appoint Iustices of the Peace Escheators with other under Officers in each shire be no impeachment at all of the Kings prerogative as none ever reputed it or if both Houses ancient priviledge to make publike Bills for the publike weale without the Kings appointment and when they have voted them for lawes to tender them to the King for his royall assent be no diminution to his Soveraignty then by the selfe-same reason the Parliaments nomination or recommendation of Counsellors State-officers and Iudges to his Maiesty with a liberty to disallow of them if there be iust cause assigned can be no encroachment on nor iniury at all to his Maiesties Royalties it being all one in effect to recommend new Lawes to the King for his royall assent when there is need as to nominate meet Officers Counsellors Iudges to him to see these Lawes put in due execution when enacted So that upon the whole matter the finall result will be That the Parliaments claime of this their ancient right is no iust ground at all on his Maiesties part to sever himselfe from his Parliament or to be offended with them much lesse to raise or continue a bloody warre against them That the King hath no absolute Negative voyce in the passing of Bills of Common Right and Iustice for the publike good THe fourth great Objection or Complaint of the King Malignants Royallists against the Parliament is That they deny the King a negative Voyce in Parliament affirming in some Declarations That the King by his Coronation Oath and duty is bound to give his royall assent to such publike Bills of Right and Iustice as both howses have voted necessary for the common wealth or safety of the Realme and ought not to reject them Which is say they an absolute deniall of his royall Prerogative not ever questioned or doubted of in former ages To this I answer first in generall That in most proceedings and transactions of Parliament the King hath no casting nor absolute negative voyce at all as namely in reversing erronious Iudgments given in inferiour Courts damning illegall Pattents Monopolies Impositions Exactions redressing removing all publike grievances or particular wrongs complained of censuring or judging Delinquents of all sorts punishing the Members of either house for offences against the Houses declaring what is Law in cases of difficulty referred to the Parliament of which there are sundry presidents In these and such like particulars the King hath no swaying negative voice at all but the houses may proceed and give Iudgement not only without the Kings personall presence or assent as the highest Court of Iustice but even against his personall Negative vote or dissassent in case he be present as infinite examples of present and former times experimentally manifest beyond all contradiction Nay not only the Parliament but Kings Bench Common Pleas Chancery and every
divers destructions by them moved and for certaine Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament and by the said Lords it was specially accorded That four persons to wit the Kings Confessor the Abbot of Done Master Richard Derham and Crosseby of the Chamber shall be quite ousted and voided out of the Kings house whereupon the ninth of February the said Confessor Master Richard and Crosseby came before the King and Lords in Parliament and there the King in excusing the said four persons said openly that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold notwithstanding our said Lord the King well considered that what the said Lords and Commons shall do or ordaine was for the good of him and of his Realme and therefore he would conforme himselfe to their intentions and did well agree to the said Ordinance which charged the said Confessor Master Richard and Crosseby to avoid his said Court and like charge should have beene given to the said Abbot had he been present And our Lord the King said further That he would doe the like with any other which was about his royall Person if he was in hatred or indignation with his people And Numb 37. To the end that good and just government and remedy may bee made of divers complaints grievances and mischiefs shewed to our Lord the King in this Parliament our Lord the King to the honour of God and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm for the ease and comfort of all his Realme hath ordained certain Lords and others underwritten to be of his great and continuall Councell to wit the Archbishop of Canterbury the Bishop of Lincolne Chancellour of England the Bishops of Rochester Winchester Bath and Baâ—gor the Duke of Yorke the Earles of Sommerset and Westmerland the Lord Roos Treasurer of England the Keeper of the Great Seale the Lord Berkley the Lord Willoughby the Lord Furnevall the Lord Lovell Mounsier Pierce Courtney Master Hugh Waterton Master Iohn Cheyne Master Arnald Savage Iohn Northbury Iohn Doreward Iohn Cawsou In the Parliament of 7. 8. Henry 4. Numb 31. The 22. day of May the Commons came before the King and his Lords in Parliament and then Iohn Tibetot their Speaker reheased how they had prayed the King in the beginning of the Parliament and after to increase the number of his Councell for the better government of the Realme and prayed the King to put it in execution and further rehearsed how that the Archbishop of Canterbury had reported to them That the King would be counselled by the most sage Lords of the Realme the which ought to have the survey of all that which shall be done for the good government of this Realme which thing the King agreed to doe and rehearsed with his own mouth That it was his entire will And thereupon a Bill made by the King himselfe by his own will was delivered containing the names of the Lords which shall be of his Councell the tenour of which Bill ensueth It is to bee remembred that our Lord the King considering the great labours occupations and diligence which he ought necessarily to imploy about the good government of his Realme and other his possessions as well on this side the Sea as beyond it First of all for the preservation of our Lord the King and of his Crowne and that the revenues of the same may be the better collected to his profit and increase as much as a man may jâ—â—rly doe to the end that he may the better sustaine his honourable estate And secondly for the confirmation of the Lawes and Statutes of the Realme to the end that equall right may be done to every one as well poor as rich Our Lord the King of his proper and good will desirous to be supported in the foresaid causes because that he cannot attend thereunto in proper person so much as he would for the great love and good affiance which he hath among others in the most reveâ—end Fathers in God the Archbishop of Canterbury the Bishops of Winchester and Excester the Duke of Yorke the Earle of Somerset the Lord Roos the Lord Burnet the Lord Lovell the Lord Willoughbie the Chancellour Treasurer and Keeper of the privie Seale the Steward and Chamberlaiue Master Hugh Waterton Master Iohn Cheyney and Master Arnald Savage hath chosen and charged them to be of his counsell praying and commanding them that in all the foresaid causes they will put to their intire diligences for the profit of our said Lord the King and likewise for the confirmation of the Laws and Statutes aforesaid In the Parliament of 2. Henry 6. num 15. After divers speciall requests of the Commons of the Realme being in the present Parliament made to my Lord of Glocester Commissary of the King and to other Lords Spirituall and Temporall there for to have notice and conusance of the persons assigned and elected to be of the Kings Councell to their great ease and consolation By advice and assent of all the Lords Spirituall and Temporall aforesaid were elected and named certaine persons as well spirituall and temporall to be Councellours assistant to the governance of the Realm whose names here ensue The Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worceâ—â—er the Chancellour Treasurer and Keeper of the privie Seale the Duke of Excester the Earle of March the Earle of Warwick the Earle Marshall the Earle of Northumberlâ—nd the Earle of Westmerland the Lord Cromwell the Lord Fitz Hâ—gh the Lord Bourchier the Lord Scroop Master Walter Hungerford Master John Tiptoff â—homas Chaucer William Allington In the Parliament of 29. Henry 6. num 6. Vpon the Petition of the Commons against divers Lords Bishops Knights Esquires and others to the number of 29. who mis-behaved themselves about the royall Person of the King and in other places by whose only meanes it was suggested the Kings possessions had been greatly diminished his Laws not executed the peace of the Realm not observed to the great hurt and trouble of the liege people of the Realm and likely subversion of the same of which misbehaviour universall noise and clamour was openly received thorowout all the Realme upon the same persons specified in the Petition all of them except the Lords and some few others without further evidence against them were by the King now removed from his presence and Court for a whole yeeres space within which time any man that could and would object against any of them should be patiently heard and intended to Those few fresh Presidents added to the precedent and to such forraign examples of this nature cited in the Appendix will abundantly cleare the Parliaments right and Kingdoms interest in nominating placing and displacing the great Officers of the Kingdom and
contentment of all good Subjects joy and re-establishment of our peace in truth and righteousnesse To end the point proposed Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London But many of the Lords refused to come pretending causes and impediments by which their absence might well be excused and so this Parliament tooke no effect and nothing was done therein In this particular then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parliament Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wils Thus the Barons Prelates and Commons by open warre and Armes enforced both King Iohn and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking a solemne Oath one after another at Saint Edmonds upon the High Altar 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves from their Allegiance to him untill he should confirme to them by a Charter ratified with his Scale all things which they required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleeved he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforced King Iohn thus to ratifie these Charters for the better maintenance of them they elected 25. Barons to be the Conservators of their Priviledges who by the Kings appointment though much against his liking as afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe these Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obey the commands of the 25. Barons After this Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lords came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres and the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea-ports to be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof were these That the King should firmely keepe and conserve the Charter and Liberties of England which King John his Father made granted and ratified with an Oath and which himselfe had so often granted and sworn to maintaine inviolable and caused all the infringers of it to be horribly excommunicated by all the Bishops of England in his owne presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be made their Chiefe Iustice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honour of the King and kingdome To these their necessary Counsels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not desist to prosecute their purpose neither for losse of money or Lands nor love nor hate no nor yet for life or death of them or theirs till they had cleared England to which they and their forefathers were borne from upstarts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely armed that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath and his Sonne Prince Edward also that he would submit to their Counsels and all those their Ordinances for feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Which done all the Peeres and Prelates took their Oath To be faithfull to this their Ordinance and made all who would abide in the Kingdome to swear they would stand to the triall of their Peeres the Arch-Bishops and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger brother comming soone after into England to visit the King and his own Lands the Barons enforced him according to his promise sent them in writing before his arrivall to take this Oath as soone as he landed in the Chapter-house at Canterbury Hear all men that I Richard Earle of Cornewal swear upon the holy Gospels to be faithfull and forward to reforme with you the Kingdome of England hitherto by the Counsell of wicked men so much deformed And I will be an effectuall coadjutor to expell the Rebels and troublers of the Realm from out of the same This Oath will I observe under paine to forfeit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their jurisdictions to preserve themselves and the kingdome from slavery and desolation whom Matthew Paris his continuer for this service stiles Angliae Reipublicae Zelatores the Zelots of the English Republicke Neither is this their example singular but backed with other precedents In the second and third yeares of King Edward the second Piers Gavesâ—on his great proud insolent covetous unworthy Favorite miscounselling and seducing the young King from whom he had been banished by his Father swaying all things at his pleasure the Peers and Nobles of the Realme seeing themselves contemned and that foraine upstart preferred before them all came to the King and humbly entreated him That he would manage the Affaires of his Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incumbent dangers the King Voce tenus consented to them and at their instance summoned a Parliament at London to which he commanded all that ought to be present to repaire Where upon serious debate they earnestly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and to the Church of England The King imagining that they would order Piers to be banished a long time denied to grant their demand but at last at the importunate instance of them all he gave his assent and swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much
may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded and that onely for the publique weale not prejudice of the people The Emperour Otho the first and our King Richard and second as some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subjects blood by civill warres and settle peace within their Realmes and shall not other Kings then most joyfully part with some Punctilioes of their reall or branches of their supposed Prerogatives for the selfesame ends if their Parliaments see good cause to resume them and of right may doe it Fifthly The King though he be the chiefe and principall yet he is onely one member of the Parliament and kingdome the least because but one person though the highest branch the Lords and Commons not elected by but assigned Counsellors to the King by the kingdome and people being the greatest and most considerable part as representing the intire body of the Kingdome Now common reason Law and experience manifests and Aristotle Polit. l. 1. c. 2. with Marius Salamonius de Principatu l. 1. p. 40 41. conclude that the whole or greatest part in all politique or naturall Bodies is of greater excellency power and jurisdiction than any one particular member Thus in all our Corporations the Court of Aldermen and Common Councell is of greater power than the Mayor alone though the chiefe Officer the Chapter of greater authority than the Deane the Deane and Chapter than the Bishop the whole Bench than the Lord chiefe Iustice the whole Councell than the President the whole Parliament then either of the Houses and by like reason than the King especially since one of the three Estates is lesser than the three Estates together who in Parliament by the fundamentall Constitutions of the Realme are not Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination that in an Oligarchie Aristocracie and Democracie whatsoever seemes good to the major part of the Governours of the Common-wealth that is ratified that the whole City Kingdome Family is more excellent and to be preferred before any part or member thereof And that it is unfit the part should be above the whole And in all Courts of Justice Corporations and Elections the major part have alwayes had the greatest sway and constantly over-ruled the lesse though it be but by one casting voyce as is evident to all in the Elections of Knights and Burgesses of and votes in the Parliament in which the King Lords and Commons by the Common Law make up but one intire Corporation since then even in Parliament it selfe the major part over-swayes the rest yea the King himselfe who hath no absolute negative voyce but onely in refusing to passe some kind of Bills not all of which more hereafter doubtlesse the whole or major part of the Parliament which in Law is the whole is above the King the chiefe member of it Which consideration together with the Statutes of 5 R. 2. State 2. c. 4. 6 H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himselfe from the same Parliament till it be fully ended or proâ—ogued without speciall license of the Speaker of the Commons to be entred of Record in the journall Booke under paine of amercement losse of wages other punishment nor any Member of the Vpper House without that Houses license under paine of inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3 E. 3. 19. Fitz. Coron 161. and Stamford l. 3. c. 1. f. 153. compleatly answers that fond cavill of Malignants and Royalists against this Parliament that the King and many of the other Members have wilfully absented themselves from the House of purpose to dissolve it if they could notwithstanding the late speciall Act made by their joynt consents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and Logicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve both Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these absent Members be the greater number why doe they not come and over-vote the rest in the House in a peaceable legall usuall Parliamentary way rather than challenge them into the field in a military illegall unusuall bloody manner unheard of in former ages If the lesser party then present or absent the major part must over-rule them volens nolens as it hath ever used unlesse they will be wilfuller I cannot say wiser than all their predecessors put together As for his Majesties absence from the Parliament by the pernicious advise of evill Counsellors so much insisted on by Malignants I answer First That it was without any just cause given by the Parliament Secondly It was much against their wills who have oft importuned petitioned and used all possible meanes to procure his returne Thirdly His absence was procured and is yet continued by those alone who most unjustly taxe the Parliament for it and would take advantage of this their owne wrong Fourthly though he be personally absent as a man yet he is still Legally present in Parliament called the Kings presence as he is a King as he is in all other his Courts of Justice where all proceedings are entred Coram Rege though the King never yet sate personally in either of them as he hath oft times done in this Parliament for the continuance whereof he hath passed such an Act as will inseparably tye his royall presence to it though the Cavaliers about him should be force with-draw his person from it not onely as farre as Yorke but the remotest Indies yea he must first cease to be King of England ere he can be legally absent from his Parliament of England This his wilfull personall absence from his greatest Counsell which desires and needs it is as many conceive an Act of the highest injustice that ever any Prince could offer of his Parliament worse than Rehoboams forsaking the counsell of his ancient Sages to follow the hare-brain'd advise of his young Cavaelieres for though he followed not their ancient prudent counsell yet he with-drew not himselfe from them as his Majesty now severs himselfe from his Parliament not only without but against all precedents of his Royall predecessors except King Richard the second who once absented himselfe from his Parliament above forty dayes yet then returned to it upon better advise and the very common custome and Law of the Land which he is obliged by his Coronation Oath and many late Protestations added to it constantly to maintaine This appeares most clearely by the ancient Treatise Of the manner of holding of Parliaments in England both before and since the
Conquest tendered to and approved by the Conquerour himselfe newly Printed 1641. which in the Section Touching the Kings absence from Parliament resolves thus The King is BOUND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily sicknesse and then he may keepe his Chamber yet so as he lye not without the Manour or Towne at the least where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two Earles two Barons two Knights of the shire two Burgesses and two Citizens to looke upon his person to testifie and witnesse his estate and give Authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name See 8 H. 5. c. 1. Cromptons Iurisdiction f. 13. a. 17. b. according herewith expresse mention being made in that Commission of the cause of his absence there which ought to suffice The reason is because there was wâ—nt to be a cry and murmure in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole commonalty of the Parliament neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELY IN THE CASE AFORESAID And whereas Malignants clamour that most of the Lords are absent as well as the King and therefore this can be no lawfull Parliament The same Authour will informe them That if the Lords be once summoned to Parliament and then appeare not or absent themselves the King may hold the Parliament with the Commonalty and Commons of the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in England because he represents a whole County Towne or City the other himselfe alone without Bishops Earles or Barons because in times past before there was either Bishop Earle or Baron yet even then Kings kept their Parliaments but on the contrary no Parliament can be kept by the King and Peeres if all the Commons for the Kings misgovernment or such like cause should absent themselves This is the judgement of Master Iohn Vowel too who writes in this manner Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld to any thing then the Kings with the consent of his Commons may ordaine 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 comming will not appeare or appearing will not consent to doe any thing illedging some just weighty and great cause the King in these cases cannot with his Lords devise make or establish any Law The reasons are these 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 Againe every Baron in Parliament doth represent but his owne person and speaketh in the behalfe of himselfe alone But in the Knights Citizens and Burgesses are represented the Commons of the whole Realme and every of these giveth not consent onely for himselfe but for all those also for whom be is sent And the King with the consent of his Commons had ever a sufficient and full authority to make ordaine and establish good and wholesome Lawes for the Commonwealth of his Realme Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament cannot by their folly abridge the King and the Gommons of their lawfull proccedings in Parliament Thus and more Iohn Vowel in his Order and Vsage how to keepe a Parliament Printed Cum Privilegio And Sir Edward Cooke in his Institutes on Magna Charta proves that the Lords and Peeres in many Charters and Acts are included under the name of the Commons and Commonalty of England But we need not retire to this last doubtfull refuge the Honourable faithfull Lords now present though not so many as could be desired are the intire House of Peeres in judgement of Law as those present at the election of Knights of the Shire or Burgesses though the major part be negligently or wilfully absent are the whole Shire or Burrough and the wilfull absence of the residue though the greater number being contrary to Law contrary to the Priviledges of Parliament and their late Protestations tending to the very subversion of Parliaments for which high contempt they and their Posterities too may justly be disabled for ever to sit as members of that House which they have so dishonourably if not treacherously deserted even as well as Knights and Burgesses whose personall attendance is so necessary that if during the Parliament they absent themselves from it about any businesses of their owne without leave of the House or be so sicke or elected Mayors of a Towne or any other judiciall Officers so as they cannot attend the service of the House they may thereupon be lawfully expelled the House and a new Writ expressing the cause of their removall shall issue for a new election of others in their places to make the House compleat as was resolved by the Commons House 38 H. 8. Br. Parliament 7. can no more disable those now present from being a true and lawfull House of Peeres than the multitudes departing from the true Church of God to the faâ—se disprove it to be the true Church of Christ whose true flocke is but little In a word divers Parliaments have beene kept and held and Acts made without Bishops or Abbots heretofore even while they were reputed members of the Lords House and one of the three Estates in Parliament therefore this Parliament which hath taken away Bishops Votes for ever may be lawfully held notwithstanding any Lords or Commons wilfull absence from it in person who yet as long as they are members of the Parliament shall still be adjudged legally present whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement and make binding Orders though the Chiefe Justice and his fellowes be negligently or wilfully absent Much more then may the Lords and Commons now present doe the like in case of the Kings and other Members wilfull absence of purpose to ruine both Parliament and Kingdome against which they are now in armes and have levyed open warre Sixthly it is most apparent both by Scripture the verdict of all Politicians and writers of note the Statutes of our Realmes and Lawyers that kingdomes Subjects and Parliaments were not created by God for the
of Yorke to shew and make report unto the Lords of the Parliament of his voluntary Resignation and also of his intent and good minde that he bare toward his Cousin the Duke of Lancaster to have him his Successour and King after him And this done every man took their leave and returned to their own Upon the morrow following being Tuesday and the last day of September all the Lords Spirituall and Temporall with also the Commons of the said Parliament assembled at Westminster where in the presence of them the Archbishop of Yorke according to the Kings desire shewed unto them seriously the voluntary Renouncing of the King with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successour And over that shewed unto them the Scedule or Bill of Renouncement signed with King Richards hand After which things in order by him finished the question was asked first of the Lords If they would admit and allow that Renouncement The which when it was of the Lords granted and confirmed the like question was asked of the Commons and of them in like manner affirmed After which admission it was then declared That notwithstanding the foresaid renouncing so by the Lords and Commons admâ—tted it were needfull unto the Realme in avoiding of all suspicions and surmises of evill disposed persons to have in writing and registred the manifold crimes and defaults before done by the said Richard late King of England to the end that they might be first openly shewed to the people and after to remain of Record among the Kings Records The which were drawn and compiled as before is said in 38. Articles and there shewed readie to be read but for other causes then more needfull to be preferred the reading of the said Articles at that season were deferred and put off Then forsomuch as the Lords of the Parliament had well considered this voluntary Renouncement of King Richard and that it was behovefull and necessary for the weale of the Realme to proceed unto the sentence of his deposall they there appointed by authority of the States of the said Parliament the Bishop of Saint Asse the Abbot of Glastenbury the Earle of Glocester the Lord of Barkley William Thyrning Justice and Thomas Erpingham and Thomas Gray Knights that they should give and beare open sentence to the Kings deposition whereupon the said Commissioners laying there their heads together by good deliberation good counsell and advisement and of one assent agreed among them that the Bishop of Saint Asse should publish the sentence for them and in their names as followeth In the Name of God Amen We John Bishop of Saint Asse or Assenence John Abbot of Glastenbury Richard Earle of Glocester Thomas Lord of Barkley William Thyrning Iustice Thomas Erpingham and Thomas Gray Knights chosen and deputed speciall Commissaries by the three Estates of this present Parliament representing the whole body of the Realme for all such matters by the said Estates to us committed We understanding and considering the manifold crimes hurts and harmes done by Richard King of England and misgovernance of the same by a long time to the great decay of the said Land and utter ruine of the same shortly to have been ne had the speciall grace of our Lord God thereunto put the sooner remedie and also furthermore adverting the said King Kichard knowing his own insufficiency hath of his own meere voluntarie and free will renounced and given up the rule and government of this Land with all Rights and Honours unto the same belonging and utterly for his merits hath judged himselfe NOT UNWORTHY TO BE DEPOSED OF ALL KINGLY MAJESTY AND ESTATE ROYALL We the Premisses well considering by good and diligent deliberation by the POWER NAME AND AUTHORITIE TO US AS ABOUE IS SAID COMMITTED PRONOUNCE DISCERNE AND DECLARE the same King Richard before this to have beene and to be unprofitable unable unsufficient and unworthy to the rule and governance of the foresaid Realms Lordships and all other Appâ—rtenances to the same belonging and FOR THE SAME CAUSES WE DEPRIUE HIM OF ALL KINGLY DIGNITIE AND WORSHIP AND OF ANY KINGLY WORSHIP IN HIMSELFE AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIUE forbiding expresly to all Archbishops Bishops and all other Prelates Dukes Marquesses Earles Barons and Knights and to all other men of the aforesaid Kingdom and Lordships or of other places belonging to the same Realmes and Lordships Subjects and Lieges whatsoever they be that none of them from this time forward to the foresaid Richard as King and Lord of the foresaid Realmes and Lordships be neither obedient nor attendant After which sentence thus openly declared the said Estates admitted forthwith the same persons for their Procurators to resigne and yeeld up to King Richard all their homage and fealty which they have made and ought unto him before times and for to shew unto him if need were all things before done that concerned his deposing The which resignation aâ— that time was spared and put in respite till the morrow next following And anon as this sentence was in this wise passed and that by reason thereof the Realme stood void without Head or Governour for the time the said Duke of Lancaster rising from the place where he before sate and standing where all might behold him he meekly making the signe of the Crosse upon his forehead and upon his breast after silence by an Officer was commanded said unto the people there being these words following In the name of the Father Sonne and holy Ghost I Henry of Lancaster claime the Realme of England and the Crowne with all the appurtenances as I that am descended by right line of the blood comming from that good Lord King Henry the third and through the right that God of his grace hath sent to me with the helpe of my kiâ—â—e and of my friends to recover the same which was in point to be undone for default of good Governance and due Iustice. After which words thus by him uttered he returned set him down in the place where he before had sitten Then the Lords perceiving and hearing this claim thus made by this noble man either of them frained of other what he thought and after a distance or pause of time the Archbishop of Canterbury having notice of the Lords minde stood up and asked the Commons if they would ASSENT TO THE LORDS WHICH in their mindes thought the claime by the Duke more to BE RIGHTFULL AND NECESSARY FOR THE WEALTH of the Realm and of them all Whereunto they cryed with one voice YEA YEA YEA After which answer the said Archbishop going to the Duke and setting him upon his knee had unto him a few words the which ended he rose and taking the Duke by the right hand led him unto the Kings seat and with great reverence set him therein after a certaine Kneeling and Orison made by the said Duke eâ—e he were therein set And when the King
concurring with it Iosh. 22. 11 12 c. Iudg. 20. 1. to 48. compared with Prov. 20. 18. c. 24. 6. and Iudg. 11. Secondly All preparations belonging to warre by Land or Sea have in the grosse and generall beene usually ordered limited and setled by the Parliaments as namely First What proportions and summes of money should be raised for the managing of the warre in what manner and time it should be levyed to what hands it should be paid and how disbursed which appeares by all the Bills of Subsidies Tenths Taxes Tonnage and Poundage in the Reignes of all our Kings Secondly How every man should be Mustered Arrayed Armed According to his estate as is cleare by all our Statutes of Armour Musters Captaines Ships Horses Warres reduced under heads by Rastall where you may peruse them by Justice Crookes and Huttons Arguments against Ship-money Sir Edward Cookes Institutes on Magna Charta f. 528 529. the Parliaments two late Declarations against the Commission of Array and the Statute of Winchester 13. E. 1. c. 6. Thirdly How farre every man shall March when he is Arrayed when he shall goe out of his owne County with his Armes when not who shall serve by Sea who by Land how long they shall continue in the Warres when they shall be at their owne when at the Kingdomes when at the Kings costs or wages and for how long time as the Marginall Statutes and next forecited Law Authorities manifest Fourthly When where and by whom Liveries Hats Coates shall be given in Warres when not and what Protections or Priviledges those who goe to Warres or continue in them shall have allowed them Fifthly What shares or proportions of Prisoners Prises Booties Captaines and Souldiers should be allowed in the Warres And at what Ports and rates they should be Shipped over Sea Sixthly How and by whom the Sea shall be guarded and what Jurisdiction Authority and share of Prises the Admirals of England shall have When the Sea shall be open when shut to enemies and strangers What punishments inflicted for Mariners abuses on the Sea And what redresse for the Subjects there robbed by enemies or others Seventhly What Castles Forts Bulwarkes shall be built or repaired for defence of the Realme in what places and by whose charges Eightly What punishment shall be inflicted upon Captaines who abuse their trust detaine the Souldiers wages and on Souldiers who sell their Armes or desert their colours without speciall License Ninthly What provision there shall be made for and maintenance allowed to Souldiers hurt or maimed in the Warres by Land and for Mariners by Sea Tenthly That no ayde Armour Horses Victuals shall be conveyed to the enemies by way of Merchandise or otherwise during the Warres that all Scots and other enemies should be banished the Kingdome and their goods seised whiles the warres continued betweene England and them Eleventhly How Frontier Castles and Townes toward Waâ—es and other places of hostility should be well manned and guarded and no Welchmen Irish Scots or alien Enemies should be permitted to stay in England to give intelligence or suffered to dwell or purchase Houses or Lands within those Townes and that they shall all be disarmed Twelfthly After what manner Purveyances shall be made by the Captaines of Castles and how they shall take up victuall In one word Warres have beene ended Leagues Truces made confirmed and punishments for breach of them provisions for preservation of them enacted by the Parliament as infinite Precedents in the Parliament Rols and Printed Acts demonstrate So that our Parliaments in all former ages even in the Reignes of our most Martiall Kings have had the Soveraigne power of ordering setling determining both the beginning progresse and conclusion of our Warres and the chiefe ordering of * all things which concerned the managing of them by Sea and Land being indeed the great Counsell of Warre elected by the Kingdome to direct our Kings who were and are in truth but the kingdomes chiefe Lord Generalls as the Roman Emperours and all Kings of old were their Senates States and Peoples Generals to manage their Warres and fight their battailes the Soveraigne power of making and directing Warre or Peace being not in the Emperours or Kings themselves but in their Senates States and Parliaments as Bodin proves at large And being but the Kingdomes Generals who must support and maintaine the Warres there is as great reason that they should direct and over-rule Kings in the Ordering of their Warres and Militia when they see cause as that they should direct and rule their Lord Generall now or the King his Generals in both his Armies During the minorities of King Henry the sixth and Edward the sixth the Parliament made the Duke of Bedford Regent of France and the Dukes of Glocester and Sommerset Lord Protectors of England committing the trust of the Militia and Warres to them And i 39. H. 6. the Parliament made Richard Duke of Yorke Lord Protector of the Realme and gave him like power when the King was of full age And in our present times The King himselfe this very Parliament voluntarâ—ly committed the whole care and managing of the Warres in Ireland and the Militia there to this present Parliament who appointed both the Commanders and al other Officers of the Forces sent hence into Ireland and that without any injury or eclipse to his Majesties Royall Prerogative If then the Subjects and Parliament in ancient times have had the election of their Generals Captaines Commanders Sheriffes Mayors and other Officers having the chiefe ordering of the Militia under the King if they have constantly Ordered all parts and matters concerning the Warres in all former Kings Reignes appointed Regents and Protectors committing to them the Kings owne Royall power over the Militia during their Minorities and his Majesty himselfe hath permitted this Parliament to Order the Militia of Ireland to which they have no such right or Titleash to that of England without any prejudice to his Prerogative I can see no just exception why his Majesty should at first or now deny the Parliament such a power over the Militia as they desired for a time or why in point of Honour or Justice their Bill for setling the Militia in safe under hands in such persons as both sides may well confide in should now be rejected being for the Kings Kingdomes and Parliaments peace and security much lesse why a bloody intestine Warre should be raised or continued upon such an unconsiderable point on his Majesties part who seeing he cannot manage the Militia in proper person in all Counties but onely by Substitutes hath farre more cause to accept of such persons of Honour and quality as his Parliament shall nominate in whom himselfe and his whole Kingdome in these times of Warre and danger may repose confidence to execute this trust then any whom his owne judgement alone or
two years space though his friends very oft petitioned for his liberty and Iohn a Gaunt Duke of Lancaster made Regent of the Realme because of the Kings irrecoverable infirmity summoning a Parliament the yeare following repealed the Statutes made in this good Parliament to the Subjects great discontent who were earnest suiters to the Duke for De la Mare his enlargement and legall tryall which being denied the Londoners upon this and other discontents tooke armes assaulted the Duke spoyled his house at the Savoy and hung up his armes reversed in signe of Treason in all the chiefe streets of London But in the first yeare of Richard the second in a Parliament at London Peter De la Mare and almost all the Knights which plaid their parts so well in the good Parliament for the increase of their Country and benefit of the Realme resuming their Petitions caused Alice Piers who contemning the Act of Parliament and the oaths wherewith she had bound her self presumed to enter the Kings Court to perswade and impetrate from him whatsoever she pleased to be banished and all her movables and immovables to be confiscated to the King notwithstanding she had corrupted with mony divers of the Lords and Lawyers of England to speak not only privately but publikely in her behalfe In the 1. yeare of Richard the 2 d William Courtney Bishop of London Edmond Mortymer Earle of March and many others of whom the Common-people had the best opinion being good wise and famous men were by publike consent appointed Councellours and Regents to the King being but young and this yeare Henry Piercie Earle of Northumberland resigning his Marshalls rod Iohn de Arundel was made Marshall in his place In the third yeare of Richard the second in a Parliament at London the Commons petitioned that one of the Barons who knew how to answer Forraigners wisely and might be mature in manners potent in workes tractable and discreete to be the kings protector Electus est Ergo COMMVNI SENTENTIA c. Hereupon Thomas Beauchamp Earle of Warwicke WAS ELECTED BY COMMON CONSENT IN PARLIAMENT Lord Protector that he migh conâ—inually abide with the King and receiâ—e an honorabâ—e anuall stipend out of the Kings Exchequer for his paines and those Bishops Earles Barons and Iudges assigned to be the Kings Counsell and Gardians the yeare before were upon the Commons petition this Parliament removed because they spent much of the Kings Treasure nullum aâ—t modicum fructum protulerunt In this Parliament Sir Richard Scrope resigned his Office of Lord Chauncellour and Simon de Sudbuâ—y Archbishop of Canterbury contrary to his degree and dignity as many then cryed out was substituted in his place In a Parliament at London in the fifth yeare of King Richard the second Sir Richard Scâ—ope was againe made Chauncellour PETENTIBVS HOC MAGNATIBVS ET COMMVNIBVS at the REQVEST OF THE LORDS AND COMMONS as being a man who for his eminent knowledge and inflexible justice had not his peere in England and Hugh Segrave Knight was then likewise made lord Treasurer Sed quid juvant 〈◊〉 Parliamentorum c. writes Walsiâ—gham of the Acts of this Parliament and Speed out of him But to what purpose are Acts of Parliament when after they are past they take no manner of effect for the king with his Privie Counsell was wont to change and abolish all things which by the Commons and Nobility had beene agreed upon in former Parliaments For the very next yeare the king deposed Scrope from his Chauncellourship and tooke the Seale into his owne hands â—â—aling divers Grants and Writings with it as he pleased and at last delivered the Sâ—ale to Richard Braybrooke which Walsinghaâ— thus relates Lord Richard Scrope Knight qui PER REGNI COMMVNIT ATEM ET ASSENSVM DOMINORVM ELECTVM IN REGNI CANCELLARIVM was in those dayes put from his Office of Chancellor which he had laudably and prudently administred The cause of his removall was his peremptory resistance of the Kings Will who desired to impoverish himselfe to exalt strangers For certaine Knights and Esquires of inferiour ranke being the kings servants begged of the king certaine lands and the demeasnes of such as dyed during such time as by the custome of the Kingdome they ought to remaine in the Kings hands The King being a child without delay granted their requests and sending them to the Chancellor commanded him to grant them such Charters under the great Sâ—ale as they desired But the Chauncellor who ardently desired the benefit of the Realme and the Kings profit plainely denyed their requests alleaging that King was much endebted and that he had neede retaine such casualties to himselfe to helpe discharge his debts That those who knew in what debts the king was obliged were not faithfull to the King whiles they minded more their owne avarice than the kings profit preferring their private gaine before the publicke necessities Wherefore they should desist from such requests and be content with the Kings former gifts which were sufficient for them And that they should know for certaine that he would neither make nor seale any such Charters of â—â—nfirmation to them of such donations of the king who was not yet of full age 〈◊〉 hee should hereaâ—â—â—r receive ill thankes from him Whereupon these Petitioners returning from the Chancellour inform the king that the Chauncellors minde was obstinate and that he would doe nothing at his Command but rather contemne his Royall mâ—ndate that the King ought with due severity speedily to curbe such an unbrideled disobedience or else it would quickly come to passe that the kings honour would grow contemptible among his Subjects and his command be of no value The King therefore who understood as a childe more regarding the false machinations of detractors then the faithfull allegations of his Chauncellour in a spirit of furie sends some to demand his seale of him and to bring it to himselfe And when the king had sent againe and againe by solemne messengers that he should send the seale to him the Chauncellour answered thus I am ready to resigne the Seale not to you but to him who gave it me to keepe neither shall there be a middle bearer betweene me and him but I will restore it to his hands who committed it to mine owne hands not to others And so going to the king Here delivered the seale promising that he would as he had hitherto be faithfull to the king yet denyed that he would hereafter be an Officer under him And then the king receiving the Seale did for many dayes what he listed untâ—ll Master Robert Braibrooke Bishop of London had undertaken the Office of Chancellour When not onely the Nobility of the kingdome but the Commonalty likewise heard that the king contrary to the Custome of the Kingdome had captiously deposed the Chauncellour whom All the Nobilitie of the Kingdome with the suffrage of all the Commons had chosen
the Statutes at large in 11. 21. R. 2. and our Historianâ— in those yeares more copiously manifest In 12. R. 2. c. 2. There was this notable Law enacted which Sir Edward Cooke affirmes is worthy to be writ in Letters of gold and worthier to be put in due execution For the Universall wealth of all the Realme it is enacted that the Chauncellor Treasurer Keeper of the Privie Seale Steward of the Kings house the Kings Chamberlaine Clarke of the Rolls the Iustices of the one Bench and other Barons of the Exchequor and all other that shall be called to ordaine name or make Iustices of peace which whether the Lord Keeper alone can make or unmake without consent of all these or put out of Commission without just cause and conviction now commonly practised is a considerable Question upon this and other statutes Sheriffes Escheators Customers Controllers OR ANY OTHER OFFICER or Minister of the King shall be firmely sworne that they shall not ordaine name or make Iustices of peace Sheriffe Escheator Customer Controller or other Officer or Minister of the King for any gift or brocage favour or affection nor that none which puâ—sueth by him or by other privily or apertly to be in any manner Office shall be put in the same Office or in any other But that they make ALL SVCH OFFICERS and Ministers OF THE BEST MOST LAWFVLL MEN SVFFICIENT to their estimation and knowledge Which most excellent Law with others of like nature still in force were it duly executed there would not be so many corrupt Officers of all these sorts in the kingdome as now swarme in every place From which Act I shall onely make these 2. Inferences First that if so great a care ought to be had in the choyce of these under-Officers then certainely farre more of the grand Officers and Iudges of the kingdome Secondly that if it be no disparagement to the Kings honour or prerogative for these greâ—t Officers of the Realm to ordain name and make Iustices of peace Sheriffes and other under Officers of the King wiâ—hout the kings privitie as oft times they doe then by the same or greater reason it can be no diminotion of his honour or prerogative Royall for the Parliament which is best able to judge of mens abilities and honesties to have power onely to nominate or recommend to the King such as they know to be the best most lawfull and sufficient men for the highest state Offices and places of Iudicature when they becomevoyd Not to trouble you with any more Presidents in this Kings Raigne recorded in Story I shall close them up with one or two more upon record In the Parliament of 3. R. 2. The Câ—ancellor having declared the causes of Summons and among others the great stâ—aights the King was in for want of money so that he had at that time nothing in his Treasury but was greaâ—ly endebted c. He pâ—ayed the Parliament â—o advise how and after what manner he mâ—ght be relieved not onely for his owne safety but for the safetie of them all and of the Râ—alme To which the Commons after they were advised of theâ—r said Charge returned this Answer to the King in Parliament by their Speaker in name of the whole Commons That the said Commons are of opinion that if their Liege Soveraigne had beene well and 〈◊〉 governed in his Expences spent 〈◊〉 the Realme and elsewhere he now had had no neede of their aid by charging the 〈…〉 whom they imagined to be now more poore and indigent then ever they were before Wherefore they pray That the Prelates and other Lords of the Kings continuall Councell who have a long time travelled in the said affaires BE VTTERLY DISCHARGED to their great ease and in discâ—arge of the King from their custodies and that No such Counsellors should be retained about â—he King in regaâ—d that our Lord the King is now of good discretion and â—f a goodly Stature having respect to his Age which is now neare the age of his noble Grandfather at the time of his Coronation who had no other Counsellors at the beginning of his raigne but ONELY the Five accustomed Principall Officers of HIS REALME They further pray that In this Parliament these Five Principall Officers may bee Elected and Chosen out of the most Sufficient Men within the Realme who may be tractable and who may best know and execute their Offices that is to say The Chancellor Treasurer Keeper of the Privie Seale Chiefe Chamberlaine and Steward of the Kings House and that these so chosen of whose Names and persons the Commons will be ascâ—rtained this Parliament for their greater comfort and aide to execute the businesse of the King shall have it therein declared that they Shall not be Removed before the next Parliament unlâ—sse it be by reason of Death Sicknesse or other necessary cause And they likewise pray for remedy of default â—f the saâ—d Government if there be any on that party that a sufficient and generall Commission may be made the best that may be devised to certaine Prelates Lords and others of the most sufficient lawfull and wise men of the Realme of England diligently to Survey and examine in all the Courts and places of the King as well within his owne house as elsewhere the estate of the said House and al expences and receits whatsoever made by any of the Ministers or any Officers of thâ— Realme and of othâ—r his Seignoriâ—s and Lands as well on this side as â—eyond the Sâ— as from the Kings Coronâ—tion till this prâ—sâ—nt so thâ—t if there be aâ—y default bee found by the said Examination in any mâ—nner by negligence of Officers or othâ—rwise â—he said Commissioners shall certifie them to our Lâ—râ— the King to have them amended and corrected to the endâ— that our Loâ—d the King may be honourably governed within his Realm as bâ—longeâ—h to a King to be governed and may be able with his owne râ—veneues to support the charge of his Expences and to defend the Realme on every part and defray the other charges above named Which Petition and Commission the King accordingly granted In the Parliament of 13. R 2. An. 1389. Iohâ— Duke of Lancaster By ASSENT of all the Estates of Parliament was created Duke of Aquitaine for his life by King Richard his Nephew the words of whose Patent Printed at large in Master Seldens Titles of Honour runne thus De ASSENSU Praelatorum Ducum Magâ—â—tum alioâ—um Proâ—erum Communitatis Regni nostri Angliae in instanti Parliamento nostro apud West monasterium convâ—cato existentiuâ— teâ— praedelectissimum Patrium no strumin DVCEM AQVITANIAE cum Tituâ—o Stilo ac nominâ— honore eidem debitis praefiâ—imâ—â— ac inde praesentiali er per â—ppositio 〈◊〉 Cappae 〈◊〉 capiâ—i ac traditionem Virgae aureae iâ—vestimus c. toto tempoâ—e viâ—ae tuae possidâ—ndum c. Giving him power thereby To Coine what Gold
the Lord Burnell And here upon the Prince in his owne name and of the other forementioned Lords prayed to be excused in case they could not finde sufficient to support their necessary charges And that notwithstanstanding any charge by them accepted in this Parliament that they may be discharged in the end of the Parliament in case nothing shall be granted to support their foresaid charges And because the said Prince should not be sworne by reason of the highnesse and excellency of his Honourable Person the other Lords and Officers were sworne and swore upon the condition aforesaid to goâ—erne and acquit themselves in their counsell well and faithfully according to the tenour of the first Article delivered among others by the said Commons and likewise the Iustices of the one Bench and other were sworne and tooke an Oath to keepe the Lawes and doe Iustice and equall right according to the purport of the said first Article And on the 9. of May being the last day of the Parliament The Commons came before the King and the Lords and then the Speaâ—er in the name of the said commons prayed the King to have full conusance of the names of the Lords of his Counsell and because the Lords who were named before to be of the said Counsell had taken their Oathes upon certaine conditions as aforesaid that the same Lords of the Counsell should now be newly charged and sworne without condition And hereupon the Prince prayed the King as well for himself as for the other Lords of the Counsell that forasmuch as the Bishop of Durham and Earle of Westmorland who are ordained to be of the same Counsell cannot continually attent therein as well for divers causes as are very likely to happen in the Marches of Scotland as for the enforcement of the said Marches that it would please the King to designe other Lords to bee of the same Counsell with the Lords before assigned And hereupon the King IN FVLL PARLIAMENT assigned the Bishop of Saint Davids and the Earle of Warwicke to be of his said Counsell with the other forenamed Lords and that they should bee charged in like manner as the other Lords without any condition A notable President where all the Kings Privy Counsell are nominated and elected by him in full Parliament and their names particularly declared to the Commons before they are sworne to the end that they might except against them if there were just cause who in their Petition and Articles to the King expresse in generall what persons the King should make choise of for his Counsellors and Iudges and what Oathes they should take in Parliament before they were admitted to their places Which was as much or more as this Parliament ever desired and the King may now with as much Honour and Iustice grant without any diminution of his Prerogative as this Magnanimous Victorious King Henry did then without the least deniall or delay In the fiâ—t Yeare of King Henry the fift This King undertaking a warre with France by Advise and consent of his Parliament as honourable to the King and profitable to the Kingdome toâ—which war they liberally contributed Iohn Duke of Bedford was in and by that Parliament made GOVERNOVR AND REGENT OF THE REALME AND HEAD OF THE COMMON-WEALTH Which Office he should enjoy as long as the King was making Warre on the French Nation the Summons of which Parliament issued out by this Duke in the Kings Name See H. 1. c. 1. In the Patent Rolls of 24. Hen. 6. 1 â— pars mem 16. The King grants to Iohn Duke of Exceter the Office of Admirall of England Ireland and Aqultain which Grant is thus subscribed Per breve de privato Sigillo AVCTORITATE PARLIAMENTI So that hee enjoyed that Office by apointment and Authority of the Parliament which was no set standing Office nor place of great Honour in former ages when there were many Admiralls in England designed to severall Quarters and those for the most part annuall or but of short continuance not for life as Sir Henry Spelman shewes at large in his Glossarie Title Admirallus to whom I referre the Reader and Title Heretocâ—us which Heretochs elected by the people had the command of the Militia of the Realme by Sea and Land and this word Heretoch in Saxon signifying properly a Generall Captaine or Leader as you may see there and in Master Seldenâ— Titles of Honour Pag. 605. 606. And sometimes though more rarely an Earle Count or Nobleman Earlederman or Prince Hengist and Horsa being called Heretogan in a Saxon Annall In the 1. yeare of King Henry 6. being but 9. months old when the Crowne descended the Parliament summoned by his Father Henry the 5. as Walsingham writes was continued in which By ASSENT OF ALL THE STATES Humfry Duke of Gloucester WAS ELECTED AND ORDAINED DEFNDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford and all the Offices and Benefices of the Realm were committed to his disposall In this Parliament a strange sight never before seen in England this infant king sitting in his Queen mothers lap passed in Majestick manner to Westminster and there tooke state among all his Lords before he could tell what English meant to exercise the place of Soveraigne direction in open Parliament then assembled to establish the Crowne upon him In the Parliament Rolls of the 1. yeare of this King I finde many notable passages pertinent to the present Theme of which for their rarity I shall give you the larger account Numb 1. There is a Commission in this Infant Kings name directed to his Vncle Humfrey Duke of Gloucester to summon and hold this Parliament in the Kings name and stead and commanding all the Members of it to attend the said Duke therein Which Commission being first read the Archbishop of Canterbury taking this Theame The Princes of the People are assembled with God declares 4. causes for which this Parliament was principally summoned 1. For the good governance of the person of the most excellent Prince the King 2. For the good conservation of the peace and the due execution and accomplishment of the Lawes of the land 3. For the good and safe defence of the Realme against enemies 4. To provide honourable and discreet persons of every estate for the good governance of the Realme according to Iethro his Counsell given to Moses c. Which Speech ended Numb 7. 8 9 10 11. The receivers of all sorts of Petitions to the Parliament are designed and the Speaker of the House of Commons presented and accepted Numb 12. The Lords and Commons authorize consent to and confirme the Commission made to the Duke in the Infant Kings Name to summon and hold this Parliament so that they authorize and confirme that very power by which they sate With other Commissions made under the great Seale to Iustices Sheriffes Escheators and other officers for the necessary execution of Iustice. Numb 13.
and 14. The Bishop of Durham late Chancellour of England to Henry the 5. deceased and the Bishop of London Chancellour of the Dutchy of Normandy severally shew that upon King Henry the 5. his decease they delivered up their severall Seales after their homage and fealty first made to King Henry 6. in the presence of divers honourable persons whom they name particularly desiring the Lords to attest their surrender of the said Seales at the time and place specified which they did and thereupon they pray that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity which is granted and entred accordingly Numb 15. It was enacted and provided by the said Lord Commissioner Lords and Commons that in as much as the Inheritance of the Kingdomes and crownes of France England and Ireland were now lawfully descended to the King which title was not expressed in the Inscriptions of the Kings Seales whereby great perill might accrue to the King if the said inscriptions were not reformed according to his Title of Inheritance that therfore in all the Kings Seales as well in England as in Ireland Guyen and Wales this new stile should be engraven Henricus Dei Gratia Rex Franciae Angliae Dominus Hiberniae according to the effect of his inheritances blotting out of them whatever was before in them superfluous or contrary to the said stile and that command should be given to all the keepers of the said Seales of the King to reforme them without delay according to the forme and effect of the new Seale aforesaid Numb 16 Duke Humfrey the Kings Commissary and the other spirituall and temporall Lords being sate in Parliament certaine Knights sent by the Speaker and whole House of Commons came before them and in the name and behalfe of the said Commonalty requested the said Duke that by the advise of the said Spirituall and Temporall Lords for the good government of the Realme of England he would be pleased to certifie the said Commons to their greater consolation what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England and Keeper of his Privie Seale Vpon which request so made due consideration being had and full advise taken and the sufficiency of those persons considered which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough the King following his Fathers example and advise by the assent of the said Lord Duke his Commissary and of all and every one of the Lords spirituall and temporall hath nominated and ordained anew the Reverend Father Thomas Bishop of Durham to the Office of his Chancellour of England William Kinwolmaâ—sh Clerk to the Office of Treasurer of England and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid that 〈◊〉 well to the said Chancellor of England as to the said Treasurer of England and to the said Keeper of his Privie Seale for the exercise of the said Offices severall letters patents should be made in this forme Henâ—icus Dei gratia Rex Angliae Franciae Dominus Hâ—berniae omnibus ad quos presentes liteâ—ae pervenerint 〈◊〉 Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES constituimus venerabilem patrem Thomam Episcopum Dunelmensem CANCELLARIVM nostrum ANGLIAE dantâ—s concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro omnes omnimodas auctoritatem potestatem adomnia ea fingula quae ad officium cancellarii Angliae de jure sive consuetudine pertinent seu quovis tempore pertinere consueverunt c. The like Patents verbatim are in the same role mutatis mutandis made to the said Treasurer of England and Keeper of the Privy Seale After which the said Duke by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury the Bishops of Winchester and Worâ—ester the Duke of Excester the Earle of Warwicke the Lords of Ferrers and Talbot to the Commons then being in the Commons House and notified to the Commonalty by the said Lords these Officers to be nominated and ordained to the foresaid offices in forme aforesaid Vpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made rendring many thanks for this cause to our Lord the King and all the said Lords as was reported by the said Lords in the behalfe of the Commons in the said Parliament Numb 17. The liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts are confirmed by Parliament and their grants ordered to be sealed with the Kings new Seales without paying any Fine Numb 18. Henry the 5. his last Will and the legacies therein given are confirmed by the Kings Letters Patents with the assent of the Lords and Commons in Parliament Numb 19. A subsidy is granted to be imployed for the defence of the Realme of England to which end the Lord Protectour promiseth it shall be diligently imployed Numb 22. and 23. The King by assent of all the Lords spiritual and temporall wills and grants that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England and of the Constableship of the Castle of Gloucester from the death of the Kings father so long as it shall please the King with all the fees profits and wages thereunto belonging in the same manner as they were granted to him by his Father Numb 24. The 27. day of this Parliament the tender age of the King being considered that he could not personally attend in these dayes the defence and protection of his Kingdome of England and the English Church the same King fully confident of the circumspection and industry of his most deare Vncles John Duke of Bedford and Humfrey Duke of Gloucester By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall and LIKEWISE OF THE COMMONS in this present parliament hath ordained and constituted his said Vncle Duke of Bedford now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME and of the Church of England and PRINCIPALL COVNSELLOR of our Lord the King and that he shall both be and called Protector and Defendor of the Kingdome and the Principall Councellor of the King himselfe after he shall come into England and repaire into the Kings presence from thenceforth as long as he shall stay in the Kingdome and it shall please the King And further our Lord the King BY THE FORES AID ASSENT and ADVICE hath ordained and appointed in the absence of his said Vncle the Duke of Bedford his foresaid Vncle the Duke of Gloucester now being in the Realme of England PROTECTOR of his said Realme and Church of England
that they be sworne to fore my Lord of Glocester and all the Lords of the Counsell that for no friendship they shall make no man privy but the Lords of the Counsell what the King hath in his Treasorie Numb 32. Item that the Clark of the Counsell be charged and sworne to truely enact and write daily the names of all the Loras that shall be present from time to time to see what how and by whom any thing passeth Numb 33. And after that all the Lords aforesaid had read before them the said Articles in Parliament and had well considered of them and fully assented and accorded to them the scedule of paper by certaine of the Honorable Lords of Parliament on behalfe of the King and all the Lords in Parliament was sent and delivered to the Commons to bee ascertained of their intent whereupon after the said Commons had advised the said Lords repeated in the said Parliament that the Commons thanked all the Lords and that THEY WERE WELL CONTENTED with all there contained in the said scedule WITH THIS that to the first of the said Articles there should be added one clause of purveiu which the said Lords repeated on the behalfe of the said Commons who delivered it to them in Parliament in one parchment scedule written in French the tenour whereof ensueth Provided alwayes that the Lords and other persons and Officers which have estate and authoritie some of inheritance some for terme of life and otherwise to make and institute by vertue of their offices deputy Officers and Ministers which appertaine to them to make of right and as annexed to them and to their offices of ancient time accustomed and used shall not be restrained nor prejudiced of that which appertaines to them by colour of this Ordinance or appointment To which parchment scedule and the contents thereof read before the Lords in Parliament the said Lords well agreed and fully consented Numb 44. The Queen Mothers dower formerly agreed appointed and sworne to buy all the three estates in Parliament in 9. H. 5. was now againe upon her Petition confirmed and setled by this Parliament after her husbands decease And Numb 41. Pet. 2. The Commons petitioned that it might then be enacted that no man nor woman should thenceforth be compelled nor bound to answer before the Counsell or Chancery of the King nor elsewhere at the suit or complaint of any person for any matter for which remedy by way of Action was provided by the Common law and that no privie Seale nor subpoena should issue thence before a Bill were first there exhibited and also fully allowed by two Iudges of the one Bench and other that the complainant for matters and grievances in the said Bill could have no action nor remedy at all by the common law c. A good Law to prevent the Arbitrary proceedings of these Courts which are now too frequent in subverting of the Common law Lo here in this Parliament we have a Lord Protector Chancellor Treasurer Keeper of the privie Seale Chamberlaine Privie Counsellors Constables of Castles and most other Officers of the King elected by Parliament yea a Commission for calling and holding this Parliament confirmed by this Parliament when met the Kings owne publike feales altered and new made a new stile conferred on the King a Kings last Will and a Queenes Dower when fallen confirmed by the Parliament and the privie Councell Court of Request and Chancery limited by it without any dimininution of the Kings prerogative royall what injury or disparagement then can it be to his Majesties royalties to have his great Officers Counsellers and Judges thus nominated and regulated in and by Parliament at this present surely none at all In the Parliament Rolls of 4. H. 6. num 8. I finde a Commission granted to John Earle of Bedford under the great Seale which was read in Parliament to supply the Kings place and power in this Parliament and to doe all that the King himselfe either might or ought to doe therein because the King by reason of his minoritie could not there personally attend to doe it Numb 10. The Commons by a Petition lamentably complained of the great discords and divisions betweene certaine great Lords and privie Counsellors of the Kingdome and more especially betweene the Duke of Glocester Lord Protector and the Bishop of Winchester Lord Chanceilor by which divers inconveniences might happen to the Realme if not speedily accommodated desiring the Duke of Bedford and other Lords to accord them Vpon which the Lord tooke a solemne Oath to reconcile them and made an accord betweene them which you may read at large in Hall Holinshed and other our Historians and in the Parliament Rolls Numb 12. 13. On the 13. day of March Numb 14. The Bishop of Winchester Lord Chancellor of England for certaine causes declared before the Lords in Parliament instantly desired to be discharged of his Office which causes they considering of and allowing he was by the Lords discharged from his said Office and the same day in like manner the Bishop of Bathe Treasurer of England requested to be freed from his Office which was that day done accordingly Numb 14. On the eighteenth day of March Iohn Bishop of Bathe and Wells late Treasurer of England by vertue of a privie seale directed to him brought the Kings great golden seale sealed up in a leather Bagge into the Parliament and really delivered it to the Earle of Bedford the Kings Commissary who receiving it of the said Bishop caused it to be taken out of the Bagge and to be seene of all and then to be put into the Bagge againe who sealing the Bagge with his signet he delivered it to be kept to the Bishop of London then CHANCELLOR OF ENGLAND BY ADVICE and ASSENT of the Lords spirituall and temporall in that Parliament Numb 18. The King by the advise of the Lords spirituall and temporall and by the assent of the Commons in Parliament makes an exchange of Lewes de Buâ—bon Earle of Vandosme taken prisoner at the battell of Agencourt for the Earle of Huntingdon taken prisoner by the French releasing the said Earle Vandosme of his Ransome and Oath Numb 19. The Duke of Bedford Constable of the Castle of Berwicke petitioned that the King BY AVTHORITY OF PARLIAMENT in regard of his absence from that charge by reason of his continuall imployments in the Kings service in France and elsewhere might license him to make a Lieutenant under him to guard that Castle safely Vpon which Petition the Lords spirituall and temporall granted him power to make a sâ—fficient Lieutenant such as the Kings Counsell should allow of so as the said Lieutenant should finde such reasonable sureties for the safe keeping of the said Castle as the Kings counsell should approve And in this Parliament BY ASSENT OF THE THREE ESTATES OF ENGLAND Richard Beauchamp Earle of Warwicke was ordained to be Governour of the young King in like
in the Kings name spake thus to them My Lords our Lord the King hearing that you were lately assembled at Harenggye Parke in an unusuall manner would not rush upon you as he mâ—ght have easily done had he not had care of you and those who were with you because no man can doubt if he had raised an Army he would have had many more men than you and perchance much â— lood of men had beene spilt which the King doth most of all abhorre and therefore assuming to himselfe patience and mildnesse he hath made choyce to convent you peaceably and to tell him the reason why you have assâ—mbled so many men To which the Lords answered That THEY HAD MET TOGETHER FOR THE GOOD OF THE KING AND KINGDOME AND THAT THEY MIGHT PVLL AWAY THOSE TRAITORS FROM HIM WHICH HE CONTINVALLY DET AINED WITH HIM Tâ—e Traytors they appealed were the foresaid ill Councellors and Nicholas Brambre the false London Knight and to prove this appeale of them true casting down their gloves they said they would prosecute it by Duell The King answered This shall not be done now but in the next Parliament which we appoint to be the morrow after the Purification of the blessed Virgin to which as well you as they comming shall receive satisfaction in all things according to Law The Lords for their owne safety kept together till the Parliament and in the meane time dâ—feated the Forces of the Duke of Ireland raised privately by the Kings Command to surprise them The Parliament comming on in the 11. yeare of Richard the second these ill councellors were therein by speciall Acts attainted condemned of High Treason and some of them executed and these defensive Armes of the Lords for their owne and the Kingdomes safety adjudged and declared to be no Treason but a thing done to the honour of God and Salvation of the King and his Realme witnesse the expresse words of the Printed Act of 11 R. 2. c. 1. which I shall transcribe Our Soveraigne Lord the King amongst other Petitions and requests to him made by the Commons of his said Realme in the said Parliament hath received one Petition in the forme following The Commons prayed that whereas the last Parliament for cause of the great and horrible mischiefes and perills which another time were fallen BY EVILL GOVERNANCE WHICH WAS ABOVT THE KINGS PERSON by all his time before by Alexander late Archbishop of Yorke Robert de Veere late Duke of Ireland Michael de la Pole late Earle of Suffolk Rober Trisilian late Iustice and Nicholas Brambre Knight with other their adherents and others Whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed and for this cause and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same Parliament with a Commission to diverse Lords for the weale honour and safeguard of the King his regalty and of all the Realme the tenour of which Commission hereafter followeth Richard c. as in the Act. And thereupon the said Alexander Robert Mighill Robert and Nicholas and their said adherents seeing that their said evill governance should be perceived and they by the same cause more likely to be punished by good justice to be done and also their evill deedes and purposes before used to be disturbed by the sayd Lords assigned by commission as afore made conspired purposed divers horrible Treasons and evils against the King and the said Lords so assigned and against all the other Lords and Commons which were assenting to the making of the said Ordinance and Commission in destruction of the king his Regalty and all his Realme Whereupon Thomas Duke of Glocester the kings Vncle Richard Earle of Arundle and Thomas Earle of Warwicke perceiving the evill purpose of the sayd Traytors did assemble themselves in forcible manner for the safety of their persons to shew and declare the said Treasons and evill purposes and thereof to set remedie as God would and came to the Kings presence affirming against the said 5. Traytors appealed of High Treason by them done to the King and to his Realme upon which appeale the king our Soveraigne Lord adjourned the said parties till this present Parliament and did take them into his safe protection as in the record made upon the same appeale fully appeareth And afterwards in greâ—t Rebellion and against the said protection the said Traytors with their said adherents and others aforesaid continuing their evill purpose some of them assembled a great power by letters and Commission from the King himselfe as Walsingham and others write to have destroyed the said Duke and Earles appellants and other the kings lawfull leige people and to accomplish their Treasons and evill purposes aforesaid Whereupon the said Duke of Glocester Henry Earle of Darby the sayd Earles of Arundell and Warwicke and Thomas Earle Marshall Seeing the open Destruction of the King and all his Realme if the said evill purposed Traitors and their adherents were not disturbed which might not otherwise have beene done but with strong hand for the weale and safeguard of the King our Soveraigne Lord and of all his Realme did assemble them forcibly and rode and pursued till they had disturbed the said power gathered by the said Traytors and their adherents aforesaid which five Traytors be attainted this present Parliament of the Treasons and evills aforesaid at the suite and appeale of the said Duke of Glocester Earles of Darby Arundle Warwicke and Marshall That it would please our redoubled Soveraigne Lord the King to accept approve and affirme in this present Parliament all that was done in the last as afore and as much as hath beene done since the last Parliament by force of the statute Ordinance or Commission aforesaid and also All that the said Duke of Glocâ—ster Earles of Arunâ—ell and Warwicke did and that the same Duke and Earles and the said Earles of Derby and Marshall or any of them did Or any other of their company or of their ayde or of their adherents or of any of them or touching the Assemblies Ridings Appeales and Pursuites aforesaid â— As a thing made to the Honour of God Salvation of the King maintenance of his Crowne and also of the Salvation of all his Realme therefore doubtlesse no Treason Rebellion nor any offence in point of Law and also to Or 〈◊〉 and Stâ—blâ—sh that ' the said Duke of Glâ—câ—ster Earles of Darby Arundell Wâ—rwicke and Marshall nor none of them nor none of such as have beene of their returne or company force ayde or councell or any of them in the things aforesaid nor none other person for any thing aforesaid shall be impeached molested or grieved at the suite of the king nor of the party nor in other manner because of any assembly riding beating levying of Penons or of Banners discomfiture death of a man imprisonment of any person taking leading away or detinue of any horses
received as indubitable verities by most men yea professedly defended by sundry injudicious Lawyers and ignorant Divines though perchance reputed learned solid in their own and others opinions who never tooke the paines to dive into the true originall fundamentall creations institutions publicke Lawes Reasons Policies Iurisdictions compositions Rights Customes Histories of Kings Kingdomes Parliaments States Magistrates People the ignorance whereof hath made them confidently vent many grand absurdities and untruthes to the prejudice imbroyling and almost utter ruine of divers Kings and States which now I hope they will ingenuously acknowledge and recant with reall griefe and shame that they have so grossely cheated seduced Kings Kingdomes People and oft times stirred up civill warres to maintaine their idle lies crazy fictions as just Royall Rights and indubitable Prerogatives when as they are nothing lesse I shall not begge any mans beliefe of any Truth here newly discovered further than his own Iudgement conscience upon serious consideration shall convince him of it and himselfe discerne it fully ratified by substantial precedents and Authorities in the body and close of the Treatise Appendix Only this I shall request of every Reader to peruse over all the Parts of this Discourse with a cordiall Love of Truth and Peace and when he is convinced what is Truth then to live and dye in Pauls resolution 2 Cor. 13. 8. We can doe nothing against the Truth but for the Truth It was our Saviours owne reply to Pilate John 18. 37. For this end was I borne and for this cause came I into the world THAT I SHOULD BEARE WITNESSE UNTO THE TRUTH O then let it now be every ones end and practice too since it is the Truth and nothing else that shall make and keepe us free Free from Errors Troubles Tumults Warres Slavery Tyranny Treachery Popery dangers feares Wherefore love the Truth and Peace and then through Gods mercy we shall speedily regaine retaine them both Farewell THE Fourth Part of the Soveraign POWER of PARLIAMENTS and KINGDOMES The Parliaments Interest in the Militia Forts Navy Officers of the Kingdom IN the preceding Parts of this Discourse I have with as much perspicuity and sincerity as I could waded through those deepe and weighty differences of greatest importance which have lately to our great unhappinesse I know not by what evill spirits solicitation unexpectedly risen up by insensible degrees betweene the Kings Majestie and the present Parliament whose primitive sweet agreement made us not so happy as their subsequent Divisions in place affection opinion have rendred the whole three Kingdomes miserable in point of Royall Prerogatives onely which I have dispatched I should now proceed to other Controversies betweene them principally concerning the Subjects Liberties But before I passe to those particulars I shall present you with some few Records of speciall note casually omitted in their proper place through over-much haste and want of time which will very much cleare the Parliaments just right and ancient Jurisdiction In ordering the Militia of the Realme by Sea and Land in disposing the Ships the Forts of the Realme for the publicke safety in times of danger in concluding matters of Warre and Peace in placing and displacing the great Officers the Privy Counsellors of the Kingdome yea regulating the Kings owne houshold and meniall servants oft times when there was occasion which may serve as a supplement to the second part It it the determination of Henricus Rauzovius a Noble Dane a great Statesman and Souldier in his Commentarius Bellicus Dedicated to Christierne the fourth King of Denmarke Anno 1565. lib. 1. c. 3. That all Kings and Princes in most Republickes rightly and lawfully constituted are obliged by their paction entred into before their Inauguration Not to begin or move any Warre without the consent of all the Estates and Nobles Thus in my hearing Philip King of Spaine when he demanded and tooke an Oath from his Subjects in the Netherlands promised by a mutuall Oath to the Estates That he would make no warre in those parts without their priviâ—y The same also most Noble King is received and observed not only in your Kingdomes and 〈◊〉 but likewise is in use almost in all Europe Therefore Frederick your Father of most famous memory knowing himselfe to be bound hereunto by compact before he would be involved in the Swedish Warre communicating the whole businesse faithfully to his people as well to the Senators of the Realme as to the Nobles of the Dukedomes maturely advised with them about the manner of waging it Wherefore lest the Warre which is undertaken bee accused as unjust by the States because it was undertaken without their advice contrary to custome and agreements all ought to be assumed into the Counsell and care of Warre For thus it will come to passe besides that things very well thought on and deliberated by many have for the most part better successes then those things which are rashly begun by some one that the Subjects who not unwillingly bring their estates and lives into danger will lesse feare the losse of both will fight more valiantly and will put forth all their strength in prosecuting and ending the combate of warre even for this reason that themselves have beene the advisers of the warre Upon this reason not onely the Kings of the Iewes Arragon France Navâ—re and others as I have manifested in the Appendix but even of this our Realme have usually undertaken all their warres and ordered all their Military affaires both by Sea and Land by the advice and direction of their Parliaments as the Grand Councell of Warre both for King and Kingdome This I have plentifully manifested in the premises by sundry examples and shall here onely briefly ratifie with some few new Precedents In the first Parliament of 13 Ed. 3. after Proclamation made Num. 2. That none should come armed with weapons to the Parliament Num. 3. The causes of summoning the Parliament were shewed to the Lords and Commons to have their counsell and advice therein what was best to be done and expressed to be three First that every one great and small should consider in what manner the peace might most surely be preserved within the Realme Secondly how the Marches of Scotland and the Northerne parts might be best defended and kept against the enemies of Scotland Thirdly how the Sea should be guarded against the enemies that they should doe no dammage nor enter the Realme for to destroy it After thus Num. 4. The Bishops and Letters from the King then in France relate to the Houses the Estate of the Kings Army warres and proceedings in France and the great debts the King stood ingaged in for the maintenance of his Army for discharge whereof and the Kings further reliefe in the easiest way to support his warres the Lords condescended to grant the ninth sheafe of all their corne and the ninth fleece and Lambe of all their flockes to the
it should please the King that Mounseur de Guyen because he is the most suffiâ—ient person of the realme shall goe to the same Tâ—eaty And the King said that he liked it well if it pleased the said Lord de Guyâ—n and thereupon Mounseur de Guyen said that he would with a very good will travell and doe any thing which might turne to the honour and profit of the King and of his realme In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the câ—stody of the Town and Castle of Calice the Towne of Risbanke the Castles of Hamures Marke Oye Stangate Bavelingham and of the Castle and Dominion of Guynes in Picardy to be made to Humfrey Dâ—ke of Glocester his unkle in the presence of the Lords spirituall and temporall then being in the present Parliament was on the 29 day of October read before them which being understood and maâ—ure deliberation taken thereupon the severall reasons of the said Lord being heard it was at last by their assent and consent agreed and ordered that the said Duke should have the custody of the said Towne Castles and premises to the end of nine yeeres then next ensuing which Charter was subscribed by all the Lords there present In the Parliament of 31 H. 6. Num. 41. procustodia Maris it was enacted For as much as the King considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea and others His Subjects using the Trade of Merchandises have been oftentimes grievously imprisoned distressed put to great sufferances and ransomes and their Ships Vessels and Merchandises of great value taken upon the Sea by his enemies and also Merchant strangers being under his leageance amity safegard or safe conduct upon the Sea have been robbed and spoyled against the forme and contents of such truces and safe conducts signed His Highnesse willing and intending sufficiently to proviâ—e for the remedy of such inconveniences and to eschew and avoyd all such 〈◊〉 and dispoylers HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament assâ—mbled deâ—iâ—ed certaine great Lords of this reâ—lme that is to say Richard Earle of Salisbury Iohn Earle of Shrewsbury Iohn Earle of Worcester Iames Earle of Wiltshire and Iohn Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of warre to intend with all diligence to their possibility the safeguard and keeping of the Sea For which cause the subsidies of Tonnage and Poundage granted to the King for his naturall life this Parliament that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY OF THE SAME were granted to the said Earles and Lord Sturton and the survivers of them for three whole yeeres with power for them to appoint Collectors to receive and collect them in every Port without rendering any account so as they kept the covenants and endentures made between the King and them for the safegard of the Seas with a proviso that this Act during the three yeeres should not be prejudiciall to the custome of the Towne or Castle of Calice or Rishbanke for the payment of the wages and arreares of the Souldiers there And over that if the goods of any of the Kings liege-people or any of his friends be found in any Vessell of the Kings enemies without any safe conduct that then the said Earles and the Lord Sturton shall take and depart it among them and their retinue without any impeachment according to the Statute thereupon made In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament in these words For as much as the Earles of Salisbury Shrewsbury and Worcester and the Lord Sturton besought the Kings Highnesse in this present Parliament that it might like his Highnes and Excellency of his Noble grace to have them clearely discharged of the keeping of the Sea the King therefore and for other causes moving his Highnesse BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of Iuly the 23 day of the same Parliament admitted their desire and would that the said Earles and Lord Sturton or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding and ended at Westminster be 〈◊〉 the 30 day of July fully discharged of the keeping of the same and that IT SHOULD BEENA CTED OF RECORD In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY THEREOF ordained and established that his dearest cosin Richard Duke of Yorke rightfull heire to the Countries of England and France and of the Lordship and Land of Ireland have and take upon him the power and labour to ride into the parts of England and Wales where great rebellions murders riots spoylings executions and oppressions be used committed and attempted to represse subdue and appease them And also to resist the enemies of France and Scotland within the realme And further granted ordained and established by the said advice and authority that every Sheriffe with the power and might of his Sheriwicke and every Major Bailiffe Officer Minister and Subject of the said realme of England and of Wales shall attend upon his said cousin for the said intent as the case shall require and to the same intent be ready at the command of his said cousin and the same obey and performe in like case as they ought to doe at his commandement after the course of the Lawes of England and in Wales after the customâ—s there c. And to cite no more presidents in so cleare a case in the Parliament of 21 Iacobi ch 33. The Temporalty having granted three intire Subsidies and three Fifteenes and tenths to King Iames towards the maintenance of the warres that might then suddenly insue upon the breach with Spaine and more particularly for the defence of the realme of England the securing of Ireland the assurance of the states of the united Provinces with the Kings friends and allies and for the setâ—ing forth of the Navy-royall did by that Act for the better disbursing of the said 〈◊〉 and mannaging that warre according to the Parliaments true intention by that very Act wherein they gave the Subsidies did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys and appointed ten Lords and Knights particularly named in the Act to be of the Kinge Councell for the warre by whose warrant under five of their hands at least all the moneys they granted were to be issued and exported for and towards the uses expressed in the Act to such
THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Divided into FOVRE PARTS Together with AN APPENDIX Wherein the Superiority of our owne and most other Foraine Parliaments States Kingdomes Magistrates collectively considered over and above their lawfull Emperours Kings Princes is abundantly evidenced confirmed by pregnant Reasons Resolutions Precedents Histories Authorities of all sorts the contrary Objections re-felled The Treachery and Disloyalty of Papists to their Soveraignes with their present plots to extirpate the Protestant Religion demonstrated And all materiall Objections Calumnies of the King his Counsell Royallists Malignants Delinquents Papists against the present Parliaments proceedings pretended to be excceding Derogatory to the Kings Supremacy and Subjects Liberty satisfactorily answered refuted dissipated in all parâ—iculars By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Gal. 5. 1. Stand fast therefore in the Liberty wherewith Christ hath made you free and be not intangled againe with the yoke of bondage Psalm 2. 10 11. Be wise now therefore Oye Kings be instructed ye Iudges of the earth serve the Lord in feare and rojoyce with trembling It is this second day of August 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke Intituled The Soveraigne power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. TO THE Right Honourable Lords Commons Assembled in and continuing Constantly with this present PARLIAMENT both in Person and Affection ETernally Renowned Senators and most cordiall Philopaters to Your bleeding dying dearest Country from which no menacing Terrors of armed Adversaries nor flattering Promises of hypocriticall Court-friends could hitherto divorce your sincerest Affections and withdraw your undefatigablest Industries in the least degree to its betraying or enslaving I here humbly prostrate to your most mature Iudgements and recommend to your Highest Noblest Patronage this Quadruple Discourse OF THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES now at last compacted into one intire Body though formerly scattered abroad in dismembred Parts rather out of necessity to gratifie others then conveniency to content my selfe in which as Your Honours have the greatest Interest so it is just and equall You should enjoy the absolutest Propriety being compiled by Your Encouragement Printed by Your Authority published for Your Iustification to vindicate your indubitable ancient Soveraign Priviledges from the unjust Detractions Your legall necessary late Proceedings from the malicious false unjust Aspersions of those Royallists Malignants intemperate Pens Tongues Who like naturall bruite beasts made to be taken and destroyed speake evill of the things they understand not and shall perish in their owne corruption Cursed children who have forsaken the right way and are gone astray following the way of Balaam the sonne of Bosor who loved the wages of unrighteousnesse but was rebuked for his iniquity I must ingenuously confesse that the Subject matter and grand publicke Differences betweene King Parliament yea betweene most Kings and Kingdomes in the world herein debated are of such an extraordinary rare transcendent nature of such infinite universall consequence weight concernment yea so full of dangerous Precipes Rockes if not inextricable difficulties on either hand as might justly require not onely one person of the exquisitest judgement Heroicallest Spirit greatest experience deepest Policy absolutest abilities vastest knowledge in all kindes of Learnings States Governments and most exempt from all other imployments that might interrupt him in these kindes of Studies but even an whole Parliament or Oecumenicall Councell of the most experienced ablest learnedest wisest Statists in the Universe and many yeares most advised consideration exactly to ventilate and determine them Which consideration might have justly daunted yea quite deterred me the meanest of ten thousand furnished with no competent abilities and having scarce one vacant houre but what I have borrowed from my naturall rest to accomplish so vast an undertaking from this most difficult weighty publicke service sufficient to sinke the strongest Hercules if not Atlas himselfe the worlds supporter But yet the Goodnesse the Commonnesse of the Cause which concernes our whole three Kingdomes Parliaments Religion and every one of our well-beings in this present world the deare affection I beare to my native Country Religion Posterity Parliaments and your Honours the defect of other Advocates to plead this publicke Cause seconded with the private earnest intreaties which were as so many Commands to me of some Members of Your Honourable Assembly to undertake this weighty taske their authorizing my rude Collections for the Presse were such strong exciting ingagements to me to undertake this difficult imployment that I chose of two extreames rather to discover mine owne insufficiency in an impotent speedy discharge of this great service so farre transcending my weake indowments than to shew any want of sincerity or industry in deserting this grand Cause in a time of need It beeing one chiefe Article of my beliefe ever since I first read the Scriptures and Tullies Offices That I was principally born for my Countries good next to Gods glory involved in it Upon which ground I have ever bent all my Studies to promote it what I might though to my particular losse and disadvantage The sole end I aime at in these Treatises is the re-establishment of my bleeding expiring Countries endangered Liberties Priviledges Rights Lawes Religion the curing of her mortall wounds the restauration of her much desired Peace in truth and righteousnesse the supportation of Parliaments the onely Pillars Bulwarkes of our Church State Lawes Liberties Religion in their perfect lustre and full Soveraigne Authority the removall of those present grievances differences Warres arising principally from ignorant or wilfull mistakes of the Parliaments just Priviledges and the Kings due Prerogatives which threaten present ruine to them all for whose future prosperity security I could with Moses and Paul heartily wish my selfe to be blotted out of the Booke of life and to be accursed from Christ neither count I may life limbes liberties or any earthly comforts deare unto me so I may any wayes promote Gods glory and the publike welfare And certainely had the most of men in publike places but Heroicke publike Spirits as I make no doubt all Your Honours have byassed with no private Interests or base selfe-respects studying nothing but the common-good our present unnaturall warres would soone be determined our greatest differences easily reconciled our foraine Irish French Walloon Popish Forces brought in to cut our English Protestants and their Religions throats before our faces at which horrid spectacle I wonder all English spirits rise not up with unanimous indignation in stead of joyning with them easily expulsed our remaining Grievances speedily redressed our disordered Church Reformed our Pristine Peace and Prosperity restored yea entayled to us and our Posterities for ever whereas the private selfe-ends selfe-interests of some ambitious covetous malicious treacherous timerous publicke persons who serve no other Deity Majesty or
in your Nostrils and God forbid but that I and all other true Members of our State and Church should cordially concurre with you in this Heroicall Covenant which the desperate Confederacies of our Romish Adversaries long prosecuted among us and now almost promoted to perfection have necessarily engaged Your Honors and the whole Kingdom to enter into for their Preservation Now the God of Peace and Lord of Hoasts be ever mightily present with and in Your Honourable Assembly to counsell direct protect prosper all your sincere endevours to promote his Gospell Truth Honour the publike welfare liberty tranquillity security of our endangered lacerated Church and Realmes Till the Lord shall looke mercifully upon Zion the City of our solemnities and till our eyes shall see our English Jerusalem a quiet habitation a tabernacle that shall not be taken downe not one of the stakes whereof shall ever be removed neither shall any of the cords thereof be broken notwithstanding all the mighty oppositions against it And till you shall have built up the old waste places raised up the Foundations of many generations yea erected the very Top-stone of an exact universall Ecclesiasticall and civill Reformation in Church and State with shoutings crying Grace grace unto it That so all future Generations may really blesse and call you The Repairers of our manifold breaches the Restorers of Pathes to dwel lin Which is and shall be the dayly prayer of Your Honours most affectionately devoted Servant to live and die with You in the Common Cause of God Religion and our Native Country WILLIAM PRYNNE THE TREACHERY and DISLOYALTY OF PAPISTS TO THEIR SOVERAIGNES IN DOCTRINE AND PRACTISE Together with The first part of the SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Traiterous Antimonarchicall Doctrines Practises and Attempts of Papists upon the Persons Crownes Prerogatives of their Soveraignes with the dangerous designes effects and consequences of their present illegall Arming and accesse to the Kings Person Court Army by meanes of evill Counsellours are briefely discovered related The Iurisdiction Power Priviledges claimed exercised by our Popish Parliaments Prelates Lords and Commons in former ages exactly paralleld with those now claimed by the Lords and Commons in this present Parliament which are manifested to be farre more loyall dutifull moderate more consistent with lesse invasive on and destructive to the pretended Soveraigne Power and Prerogative of the King then those of former ages And the high Court of Parliament proved by pregnant Reasons and Authorities To be the most Soveraigne Power of all other in this Kingdome in severall respects And superiour to the King himselfe who is not above but subject to the Lawes Together with a punctuall Answer to the chiefe Calumnies and grandest Objections of Royallists Papists Malignants Delinquents against the Parliaments Power and Proceedings with other Particulars worthy Observation The Second Edition Enlarged By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Isai 24. 16 17. Woe unto me the treacherous dealers have dealt treacherously yea the Treacherous dealers have dealt very treacherously Feare and the pit and a snare are upon thee O Inhabitant of the Earth Psalme 120. 5 6. My soule hath long dwelt with them that are enemies unto peace I labour for peace but when I speake unto them thereof they make them ready to Battle It is this second day of May 1643. Ordered by the Committee of the House of Commons in Parliament for Printing that this Booke Intituled The Treachery and Disloyalty of Papists to their Soveraignes c. with the Additions be re-printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. To the Reader Courteous Reader THE importunity of some Members of Parliament hath induced me to enlarge the first Part of this Discourse with sundry pertinent Additions and to Re-print it in a greater Character then before yet distinct from the following part for the ease the benefit both of Stationer and Buyer When I first entred upon this necessary publike Theame my Primitive Intention was to have Collected the chiefe Heads Reasons Authorities of this and the ensuing Members into one compendious Summulary and so to publish them all together in an intire Briefe But afterwards considering the extraordinary weight and consequence of that Grand common Cause both of Parliament and Kingdome which I was to plead the Novelty and Rarity of the Subject matter the extraordinary Prejudice of the ignorant long-deluded world against it the Potency Policy Multitude of learned Advocates as well Divines as Lawyers of the opposite Royall and Malignant party the insufficiency and unsatisfactorinesse of all late Printed Pleas for the Parliaments Interest through defect of punctuall Precedents and Authorities to backe their rationall Discourses and that a Summary slight debate of these important publicke differences would give but small satisfaction to the Adversary and rather prejudice than advance the Parliaments Kingdomes Native Rights and Priviledges I did thereupon enlarge my Meditations my Collections so farre forth as straites of Time with other avocating Imployments would permit seconding all my Arguments fortifying all my Reasons with such Domesticke Foraine Precedents and Authorities of all sorts as well Divine as Humane Politicall Historicall as Legall as through Gods concurrence with and blessing on my impotent endevours may effectually convince the obstinate wils abundantly satisfie the most seduced prejudicated Judgement finally resolve the most scrupulous Consciences and eternally silence the ignorant the most malicious Tongues and Pennes of all Royallists c. Anti-parliamentary Malignants who are not wilfully wedded to their long-espoused Errors or more enamored with sordid Court flattery for private selfe-ends then fairest though hated ungainfull verity which aimes at nothing but the Publicke good For my part I seriously protest before the great Judge of Heaven and Earth that I have herein wittingly maintained nothing at all but what my Judgement and Conscience both byassed with no sinister ends no private respects ayming at nought else but the Glory of God the settled weale and Tranquillity of our distracted bleeding dying Church and State the onely Motives engaging me in this Service informe me to be a well-grounded ancient pregnant though lately over-clouded undiscovered neglected much-oppugned Truth and albeit most particulars therein debated have for many yeares hitherto beene deposed that I say not stigmatized for seditious dangerous Antimonarchicall Paradoxes if not worse by the generall Torrent of Court-Parasites Lawyers Religion Nature Law Policy the various Precedents and Authorities of former ages and throughly digested without prejudice or partiality they will appeare yea shine forth as most necessary profitable loyall State-securing Peace-procuring verities yea as the very Nerves and sinewes to unite the Pillars to support the Bulwarkes to protect both Church and State against all invasions of heresie or tyranny and to keepe all the Potent Members of them within their Legall bounds Peruse it therefore with an upright heart a dis-ingaged Judgement an unbiassed affection and when
the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all the Kingdomes in it to dispose of them at his pleasure to whom and when he will without giving any account of his actions That all Emperours and Kings are but his vassals deriving and holding their Crownes from him by base unworthy services worse then villenage that they call and repute them their Popes vassals curs packe-asses with Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their own Authours and practise I shall refer them to Doctor Richard Crackenthorps Booke Of the Popes temporall Monarcâ—y chap. 1. p. 1. to 27. worthy any mans reading to Iohn Bodins Commonwealth Lib. 1. cap. 9. Bishop Iewels view of a Seditious Bull and Doctor Iohn Whites Defence of the way to the true Church chap. 10. p. 43. Secondly That the Pope alone without a Councell may lawfully excommunicate censure depose both Emperours Kings and Princes and dispose of their Crownes and Kingdomes unto others That it is meete and necessary he should excommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all protestant Princes or oppressors of the Common-wealth That as soone as such Princes are actually excommunicated or notoriously knowne to be Heretickes or Apostates their Subjects are ipso facto absolved from their governmeâ—t and Oathes of Allegiance whereby they were bound unto them and may yea ought to take up Armes against them to deprive them of their Kingdomes Thirdly That such hereticall tyrannicall oppressing Kings may be killed poysoned or slaine by open force of Armes not onely lawfully but with glory and commendations That this is to be executed by Catholikes and that it is not onely an heroicall but meritorious act worthy the highest Encomiums and a Saint-ship in the Roman Calender These two last propositions you may read abundantly proved by the words of Popish writers and forty examples of severall Emperours Kings and Princes which Popes and Papists have excommunicated deprived violently assaulted and murthered in Doctor Iohn Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. p. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Iewels view of a seditious Bull in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3. throughout Aphorismi Doctrinae Iesuitarum King Iames his Apology against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fifth of November to which I shall referre the Reader What security or protection then of his Majesties royall person Crowne Kingdomes can now be expected from our popish Recusants infected with these trayterous principles and branded with so many ancient moderne nay present Treasons and Rebellions against their Soveraignes let the world and all wise men seriously judge What faire quarter and brotherly assistance the Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like to receive from this popish Army the late Gunpowder 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 safety the Kingdome may expect in Church of State whiles Popery and Papists have any armed power or being among us Doctor Iohn White hath long since proclaimed 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 hath 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 these ill advisers to colour their close designe of re-establishing Popery principally intended can alleadge for arming Papists against Law is That the Parliament hath trayterously invaded the Kings Prerogatives in a high degree claimed a power and jurisdiction above his Majesty in sundry particulars yea usurped to its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolences and reduce the Parliament to its due limits his Majesty is now necessitated to raise an Army and pray in ayde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall and loyall to his Majesty in this service To answer which pretence more fully though it be for the maine most palpably false yet by way of admission onely I shall suppose it true and with all possible brevity manifest That Parliaments Prelates Peeres 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 all others have least cause to taxe the Parliaments proceedings and those ill Counsellors and his Majesty small reason to imploy 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 Advocates with its approbation affirme that the Parliament being the representative Body of the whole Kingdome is in some respects of greater power and authority then the King who though he be singulis major yet he is universis minor which is contrary to the Oath of Supremacy wherein every Subject doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SUPREAME GOVERNOUR of this Realme c. as well in all Spirituall or Ecclesiasticall causes as Temporall and a kinde of unkinging his Majesty no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broachers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his reigne lib. 2. cap. 16. f. 34. a. resolves thus But the King hath a SUPERIOUR to wit God Also the Law by which be is made a King likewise HIS COURT namely the EARLES AND BARONS because they are called Comites as being THE KINGS FELLOWES or companions and he who hath a fellow or associate hath a MASTER and therefore if the King shall be without a bridle that is without Law THEY OUGHT TO IMPOSE A BRIDLE ON HIM unlesse they themselves with the King shall be without bridle and then the Subject shall cry out and say O Lord Iesus Christ doe thou binde their jawes with bit and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are above the King and ought to bridle him when he exorbitates from the Law which he also seconds in
their Buls to dissolve them to keepe themselves in their chaires This is apparent first by the Ancient Treatise Of the manner of holding Parliaments in England which informes us That the first day of the Parliament publike Proclamations ought to be made in the City or Towne where the Parliament is kept That all those who would deliver Petitions or Bils to the Parliament should deliver them in a certaine time That the Parliament should not depart so long as any Petition made thereto hangeth undiscussed or undecided or at the least to which there is not made a determinate answer the Kings Majesty being desirous of his grace and favour to give the Subject redresse of any injury not to suffer his people to goe unsatisfied Hence departing of the Parliament OUGHT TO BE in such manner First IT OUGHT TO BE demanded yea and publickely proclaimed in the Parliament and within the Pallace of the Parliament whether there be any that hath delivered a Petition to the Parliament and hath not received answer thereto If there be none such it is supposed that every one is satisfyed or else answered unto at the least So far forth as by Law it may be And then all may depart Hence it was that in 21 R. 2. c. 16 17 18 19. Divers Petitions not read nor answered in Parliament by reason of shortnesse of time and not determined sitting the Parliament were by special Acts of Parliament referred to divers Lords and Commons to examine answer and plainely determine all matters contained in the said Petitions as they should thinke best by their good advise and discretion even out of Parliament which they heard and determined accordingly and made binding Acts thereupon as appeares by the Statutes themselves This Doctrine was very well knowne to King Iohn Henry the 3. Edward the 2. Richard the 2. Henry the 6. and Edward the 4. the Parliaments which opposed and deposed most of them sitting and continuing sitting both before and after their deposing sore against their wills as the fore-remembred histories manifest else no doubt they would have broken up all these Parliaments at their pleasure and never permitted such Acts and Judgements to passe against themselves Favorites ill Counsellours pretended Prerogatives had they lawfull power to dissolve them summoned in their names or the Parliaments actually determined by their depositions or resignations as we find they did not and none ever yet held they did King Richard the 2. fearing the losse of his Crowne or some restraints by Lawes in the 11. yeare of his Reigne proposed this question among others to his Judges at Nottingham Castle which for ought I finde was never doubted before Whether the King whensoever pleaseth him might dissolve the Parliament and command his Lords and Commons to depart from thence or not Whereunto it was of one minde answered That he may And if any would proceed in the Parliament against the Kings will he is to be punished as a Traytor For which opinion and others some of these Judges and Lawyers as Tresilian and Blake were condemned of high Treason the next Parliament 11 R. 2. drawn upon a Hurdle to Tyburne and there executed as Traytors to the King and Commonwealth others of them who delivered their opinions rather out of feare of death and bodily tortures than malice were yet condemned as Traytors and banished the kingdome onely their lives were spared True it is that the packed and over-awed Parliament of 21 R. 2. terrifyed by the Kings unruly great Guard of Cheshire Archers forementioned 21 R. 2. c. 12. being specially interrogated by the King how they thought of these answers of the Judges said That they thought they gave their answers duely and faithfully as good and lawfull liege people of the King ought to doe But yet the Parliament of 1 H. 4. â— 3 4. repealed this Parliament of 21 R. 2. with all its circumstances and dependents revived the Parliament of 11 R. 2. with the judgements and proceedings given against these trecherous temporising Judges as a thing made for the great honour and common profit of the Realme Besides the Statutes of King Alfred and Edward the 3. which enact that a Parliament shall be holden once every yeare and oftner if need be for redresse of mischiefes and grievances which daily happen strongly intimate that if a Parliament ought in Law to be called as often as neede is of purpose to redresse the Subjects grievances and mischiefes then it ought not in point of Law to be dissolved till these grievances and mischiefes be redressed else the summoning of it would be to no purpose and bring a great trouble and charge to the whole kingdome without any benefit at all Moreover the King by his Oath is bound to doe equall justice and right to all his Subjects in all his Courts of Justice In Magna Charta c. 29. he makes this Protestation We shall deny nor deferre to no man either Iustice or Right and by sundry other Acts all the Kings Iudges are sworne and commanded to doe even Law and execution of right to all his Subjectes rich or poore without having regard to any person and without letting or delaying to doe right for any Letters Writs or Commandements that shall come to them from the King or any others and shall doe nothing by vertue of them but goe forth to doe the Law and hold their Courts and Processes where the Pleas and matters be depending before them notwithstanding as if no such Letters Writs or Commandements were come unto them The makers therefore of these Oathes and Lawes in dayes of Popery and the Parliaments of 2 E. 3. c. 8. 14 E. 3. c. 14. 1 R. 2. c. 2. 11 R. 2. c. 9. which enact That it shall not be commanded by the great seale or little seale to delay or disturbe common right and though such commandments doe come the Iustices shall not therefore leave to doe right in ANY POINT that Iustice and right be indifferently ministred to every of the Kings Subjects did certainely beleeve that the King neither by his great nor privy seale nor by Writ or Letter could without just or lawfull cause assigned prorogue or adjourne the Terme or sitting of any Courts of Justice much lesse prorogue or dissolve his highest Court and grand Councell of the Realme the Parliament or disable them to fit to redresse the kingdomes and Subjects severall grievances or secure the Realm from danger Which if he might lawfully doe at his pleasure without the Houses joynt assents there would necessarily follow not onely a deferring and deniall but likewise a fayler of Justice in the highest Court of Justice which these Acts disable the King who is so farre inferior to the Law that he cannot so much as delay the smallest proceedings of it in any Court or Session by his supreame power by any meanes whatsoever to effect in his meanest Courts much lesse then in the greatest from whence the subversion of Lawes
Liberty Justice and the whole Realme would ensue If any therefore cavill at the Act for continuance of this Parliament till both Houses shall agree to adjourne or dissolve it or at the Bill for Trienniall Parliaments which when they meete shall not be dissolved without their consents for fifty dayes space next after their first meeting Let them now learne that this is no Innovation nor encroachment on the Crowne but an ancient Priviledge of Parliament both claimed practised and resolved in times of Popery in an higher degree then now it is And thus you see how in these particulars the Popish Parliament Prelates Lords and Commons in former times have claimed and exercised farre greater Priviledges and Jurisdictions than this or any other Protestant Parliament hath hitherto claimed or practised which I hope will forever silence the clamourous tongues of all ill Counsellours Courtiers Royalists Malignants Papists and Cavaliers against the present Parliament of whose highest yet moderate proceedings themselves alone have beene the occasions and therefore of all others have least cause to complaine against them BUT to returne againe to the first grand Objection Thirdly I answer that the High Court of Parliament and whole kingdome which it represents may in divers respects be truely and properly said to be the Highest Soveraigne power of all others and above the King himselfe which because it may seeme a dangerous paradox and tends much to the vindication both of the Priviledges Honour and Iurisdictions of our High Court of Parliament now so much undervalued because not really known to most and to the justification of the proceedings in this present Parliament which many out of ignorance and malice so much declaime against both by word and writing in a most licentious manner I shall take a little liberty to demonstrate the truth of it by such convincing reasons and Authorities as no rationall man I hope shall be able to contradict but must necessarily submit to First it is undeniable that the Court of Parliament hath a lawfull power to question all the Kings Patents Charters Commissions Proclamations Grants Warrants Writs and Commitments whatsoever whether they be Legall yea to cancell or repeale them in case they be illegall mischievous or onerous to the Subject not onely without but against the Kings consent and mandate to the contrary as appeares by infinite precedents in this and all foremer Parliaments the scourges of Monopolists Patentees and Projectors the Pests of the Commonwealth The like power have all other Courts of Justice within the kingdome in some degree when such Charters and Writs of the King are brought judicially before them because they are Courts of the Law to which the King and all his Actions are and must be subject Now that which can thus question cancell disanull revoke the Kings owne Royall Charters Writs Commissions Patents c. though ratified with the Great seale and regall power even against his will must certainely be a Soveraigne power and Authority which in point of Law and Justice is superiour to the King This is Bractons resolution l. 2. c. 16. f. 34. a and Fletaesl 1. c. 17. Where they affirme the Law and Parliament to be above the King because they may censure judge and rescinde the Kings Acts Charters legally and judicially even against his personall though not legall Will which is the Law Secondly It is unquestionably true that in all cases of difference betweene the King and all or any of his Subjects though they concerne the Kings Prerogative and the highest branches thereof the Parliament is the supreamest and most proper Judge and its resolution from which there is no appeale to any higher tribunall shall finally binde not onely all the Subjects but the King himselfe notwithstanding his owne personall disassent This is manifest by the many late resolutions given in Parliament against sundry Patents Commissions Writs Charters Impositions Loanes Shipmoney Forest-Bounds Marshall Law Pressing and Billetting Souldiers Imprisonment by speciall Command of the King or his Privy Counsell Tonnage and Poundage Knight-hood and Taxes the Commission of Array and the like which obliege both King and Subject the King in receiving justice in such cases being subject to the Law as well as the meanest of his Subjects as Bracton truely avers against all Royalists mistakes Now that which can thus finally conclude and binde the King himselfe even volens nolens in cases of highest concernment entrenching farthest upon his Prerogative Royall must doubtlesse be the most Soveraigne power Superiour to the Kings And in this sence every Court of Justice whose just resolutions and every petty Jury whose upright verdicts obliege the King because warranted by the Law which is Paramount the King as Bracton Fleta Fortescue King Iames Edward the Confessor yea and Aristotle resolve may be tâ—uely said to be above the Kings person which they binde but not above the Parliament which by its superlative power may examine all judgements and verdicts in other Courts by way of error or appeale and reverse them if there be cause when as the King in person cannot by law examine or reverse them but onely in his Courts of Justice by his Judges Thirdly Parliaments oft times doe and may as they see cause enlarge the Kings Prerogative and Royall power in sundry particulars in which the King had no such jurisdiction before these Acts witnesse the Statute de Praerogativa Regis The notable Parliament Roll of 1. H. 4. num 108. Where the Commons in Parliament grant the King that he shall be in as GREAT ROYALL LIBERTY as his Noble Progenitors were before him having formerly made the like Grant to King Richard the second who perverted it to the altering of the Lawes in many things as appeares by this Roll. 25 H. 8. c. 19 20 21. 26 H. 8. c. 1 3. 31 H. 8. c 9. 34 and 35 H. 8. c. 23. 27 H. 8. c. 15. 28 H. 8. c. 7. 17. 3 4 E. 6. c. 11 12. 1 Eliz. 1 2. with sundry other Acts. Now that Parliamentary power which onely can create and conferre on Kings a greater regall Authority and Prerogrative than they had before must needs be the Originall and supreame Authority for as we rightly argue That the Kings Authority is superiour to all other his greatest Officers and subordinate Ministers of Iustice because their power is by Patent or Commission derived from his So we may from the selfe-same reason conclude that the High Court of Parliaments power the representative Body of the whole kingdome is the most Primitive Soveraigne and greatest Authority of all other yea larger and higher than the Kings because it onely can enlarge the Kings Prerogative all whose originall or additionall Royalties proceeded not from the King himselfe or his Ancestors owne inherent hereditary power for what King could justly without his peoples consents usurpe a Crowne or lawfull Royall Prerogative to himselfe over an whole Countrey but
of the said Scaffold declared and related to all the people how that our Lord the King had taken the said Oath inquiring of THE SAME PEOPLE IF THEY WOULD CONSENT TO HAVE HIM THEIR KING AND LIEGE LORD Who with ONE ACCORD CONSENTED THERETO Which Thomas of Walsingham who relates the whole forme of this Kings Coronation thus describeth Quibus completis Archiepiscopus praecedente eo Marescallo Angliae Henrico Percy convertit se ad omnes plagas Ecclesiae INDICANS POPULO REGIUM JURAMENTUM quaerens SI SE TALI PRINCIPI AC RECTORI SUBJICERE ejus jussionibus obtemperare VELLENT ET RESONSUMESTA PLEBE resono clamore QUOD LUBENTER SIBI PARERE VELLENT Which custome both before and since hath been constantly in this Land observed at the Coronation of our Kings from all these I say it is apparent First that Popish Parliaments Peeres and Subjects have deemed the Crowne of England not meerely successive and hereditary though it hath usually gone by descent but arbitrary and elective when they saw cause many of our Kings comming to the Crowne without just hereditary Title by the Kingdomes Peeres and people free election onely confirmed by subsequent Acts of Parliament which was then reputed a sufficient Right and Title by vertue whereof they then reigned and were obeyed as lawfull Kings and were then and yet so acknowledged to be their right by Election of their Subjects the footsteps whereof doe yet continue in the solemne demanding of the peoples consents at our Kings Inaugurations being seldome or never adjudged an illegall usurpation in any Parliaments whence the statute of 1 E. 4. c. 1. 9 E. 4. f. 2 declares King Henry the 4. 5. and 6. to be successively Kings of England indeed and not of right yet not usurpers because they came in by Parliament Onely Richard the third who treacherously murthered Edward the 5. his Soveraigne and violently usurped his Crowne at first before any Parliament gave it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaughter in Bosworth field was declared an usurper by Act of Parliament 1 Hen. 7. c. 6. and so adjudged to be by 8 H. 7. f. 1. see 1 E. 4. c. 1 c. 9 E. 4. f. 1 2. and Henry the 7. had the Crown set upon his head in the field by my Lord Stanly as though saith Grafton he had been elected king by the voyce of the people as in ancient times past in divers Realmes it hath been accustomed Secondly that those Kings who have enjoyed the Crown by succession descent or election have still taken it upon the conditions and covenants contained in their Coronation Oathes which if they refused to sweare to the Peeres and people really and bona fide to performe they were not then to be crowned or received as Kings but adjured in the name of God to renounce this dignity And though in point of Law those who enjoy the Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent Conditions both contained in their Coronation Oathes which impose no new but onely ratifie the old conditions in separably annexed to the Crown by the Common Law ever since Edward the Confessors daies and long before as Father Littleton resolves the Office of a King being an Office of the greatest trust of any other which the Common Law binds the King well and lawfully to discharge to doe that which to such Office belongeth to doe as the Oathes of all our Kings to their people really to performe these Articles and Conditions fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the Kings pleasure to take or refuse them if he will but necessary and inevitable by the Law and constant usage of the Realm yea of all Christian most Pagan Realms whatsoever which prescribe like Oathes to their Kings From aâ—l which I may firmely conclude that the whole kingdome and Parliament are the Supreame Soveraigne Authority and Paramount the king because they may lawfully and dâ—e usually prescribe such conditions termes and rules of governing the people to him and bind him thus by Oath faithfully to perform the same as long as he shall continue King which Oath our Kings usually tooke or at least faithfully promised to take to their Subjects in ancient times before ever they did or would take an Oath of fealty homage or Allegiance to them as the premises evidence Claus. Rot. 1 R. 2. M. 44. Tenthly Our Parliaments and Kingdome anciently in times of popery and Paganisme have both challenged and exercised a Supreame power over the Crowne of England it selfe to transferre it from the right heire and setle it on whom themselves thought meete to elect for their King and likewise to call their Kings to an account for their mis-government and breach of Oath to the prejudice of their people so farre as to article against them and either by force of Armes or a judiciall sentence in Parliament actually to depose them and set up others in the Throne as the fore-cited presidents of Archigallo Emerian two ancient Brittish Kings of Edwin king of Mercia and others deprived of all honour and kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression Male-administration vicious lives and others elected and made kings in their places evidence which Acts of theirs they then reputed just and legall I shall cite you onely two presidents of this kind which have meere relation to Parliaments The first is that of King Edward the second who being taken prisoner by his Queen Sonne Nobles for his male-administration the Queen with her sonne by the advice of her Councell summoned an high Court of Parliament at Westminster in the Kings name which began the 16 day of January An. 1325. In which assembly it was declared that this Realm could not continue without an head and governour and therefore first they agreed to draw into Articles the Mis-government of the king that was in prison and all his evill doings which he had done by evill and naughty Counsell And when the said Articles were read and made knowne to all the Lords Nobles and Commons of the Realme they then consulted how the Realme should be governed from thenceforth And after good deliberation and consultation of the foresaid Articles of the Kings evill government they concluded THAT SUCH A MAN WAS NOT WORTHY TO BE A KING NOR TO WE ARE A CROWNE ROYALL And therefore they all agreed that Edward his eldest sonne who was there present and was rightfull heire should be crowned King in stead of his Father SO THAT HE WOULD TAKE ABOUT HIM SAGE TRUE AND GOOD COUNCELL and that from thenceforth the Realm might be better governed then before it had been And it was also agreed that the old king his father should be well and honestly kept as long as he lived according
irregularities I make no question that they would have joyntly answered as I doubt not but our Parliaments Kingdomes and all other Nations were they at this day to institute their preerected Principalities and Kings would answer to that they had never any imagination to erect such an absolute eternall unlimited uncontrollable irresistable Monarchy and plaine tyranny over them and that they ever intended to reserve the absolute originall Soveraigne Jurisdiction in themselves as their native hereditary priviledge which they never meant to divest themselves of that so by means thereof if their Princes should degenerate into Tyrants they might have a just authority power and remedy residing in them whereby to preserve themselves the Nation Kingdome from utter desolation ruine and vassalage An impregnable evidence that the whole Kingdom and Parliament representing it are the most Soveraign power and above the King himselfe because having the supream Jurisdiction in them at first they never totally transferred it to our Kings but reserved it in themselves which is likewise further confirmed by that notable passage of Philocheus Archilacus in his Somnium Viridarii c. 171. Royall power is instituted three manner of wayes First by the will and pleasure of the people because every people wanting a King of their own not being subject to the Emperour or some other King MAY BY THE LAW OF NATIONS MAKE THEMSELUES A KING 94. Dist. c. Legitima If a Royall Principality be thus instituted as it is in the proper pleasure and power of the people to ordaine that the King shall be either Successive of Elective so it is in their pleasure to ordaine That Kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation or any other solemnity or that they shall receive this power onely by their Coronation or any other solemnity about him Thereason whereof is Because as every one in the delivery of the gift of his owne goods may impose what covenant or condition he pleaseth and every man is moderator and disposer of his owne estate so in the voluntary institution of a King and Royall Power IT IS LAWFULL FOR THE PEOPLE SUBMITTING THEMSELUES TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE so as it be not unreasonable and unjust and directly against the rights of a Superiour Therefore lawfull to reserve â—he Soveraigne Power in and to themselves and not to transfer it wholly to their Kings 14 There is one cleare Demonstration yet remaining to prove the supreme power of Parliaments above Kings themselves which is this That the Parliament is the highest Court and power to which all Appealâ—s are finally to be made from all other Courts and Iudges whatsoever yea from the Kings own personall resolution in or out of any other his Courts and such a transcendent â— ribunall from whence there is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous Judgement be given in the Kings Bench Exchequer-Chamber Chancery Court of Wards or any other Court within the Realm or in the Parliament in Ireland it is finally to be reversed or determined in Parliament by a Writ of Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Dâ—legates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediable in this high Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any Judgement it is not so obligatory or finall but that the party against whom Judgement is pronounced may appeale to the Parliament for reliefe as Seneca epist. 100. out of Tully de Repub. Fenestella Hugo Grotius de jure Belli l. 1. c. 4. s. 20. p. 65. record that among the Romanes in certain causes they might appeale from the King to the people But if the Parliament give any Judgement There can be no appeale to any higher Tribunall Court or person no not to the King but onely to the next or some other Parliament as is evident by experience by all Attainders of Treaâ—on by or in Parliament by all inconvenient and unjust Acts passed in Parliament which concerne either King or Subject which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter from the King but onely by an act of repeale or restitution in another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to whom the last appeale is to be made is the Supreamâ—st power as the Kings Bench is above the Common Pleas the Eschequer Chamber above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finalâ— Judges of it Not to give you any instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our King Iohn condemned to death by a Parliament in France by French Peers for slaying his Nephew Arthur treacherously with his own hands and likewise to lose the crown of England or bow Henry the third K. Edward the first and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip. Nor yet to mention how the Parliaments and generall assembly of the estates of France have
great trust and confidence his loving Subjects had in him in putting in his hands wholly the Order and Declaration of the Succession of this Realme by his Letters Patents under his Seale or his last will in writing signed with his hand for lacke of issue lawfully begotten of his body to give limit assigne appoint or dispose the imperiall Crowne of the Realme to what person or persons and for such estate in the same and under such conditions as it should please his Majesty The Parliament therein promising by one common assent to accept take love dread and obey as their Legall Governours and Supreame heads such person or persons onely as the King by authority of those Acts should give the Crowne unto and wholly to sticke to them as true faithfull Subjects Provided that if any of his Children or Heires afterward did usurpe one upon the other in the Crowne of this Realme or claime or challenge the said imperiall Crowne otherwise or in any other course forme degree or condition then the same should be given disposed or limited unto them by the King by vertue of those Acts. Or if any person or persons to whom it should please the King by authority of those Acts to dispose the said Crowne and Dignity of this Realme or the Heires of any of them should at any time hereafter demand challenge or claime the Crowne of this Realme otherwise or in any other course forme degree or condition then the same should be given disposed and limited unto them by the King by vertue and authority of these Acts That then all and singular offenders in any of the premises contrary to these Acts and all their Abettors Maintainers Factours Counsellours and Aiders therein shall bee deemed and adjudged HIGH TRAYTORS TO THE REALME and that every such offence shall be accepted reputed and taken TO BE HIGH TREASON and the offenders therein their ayders c. for every such offence shall suffer such judgement paines of death losses and forfeitures of Lands Goods and Priviledges of sanctuary as in any â—ases of high Treason And over that as well THE KINGS SAID HEIRES AND CHILDREN as EVERY SUCH PERSON PERSONS TO WHOM THE CROWNE SHOULD BE LIMITED AS AFORESAID and every of their Heires for every such offence above specified by them to be committed SHALL LOSE AND FORFEITE AS WELL ALL SUCH RIGHT TITLE AND INTEREST THAT THEY MAY CLAIME OR CHALLENGE IN OR TO THE CROWNE OF THIS REALME AS HEIRES BY DESCENT OR BY REASON OF ANY GIFT OR ACT DONE BY THE KING for his or their advancement by authority of those Acts or by any manner of meanes or pretence whatsoever And the Statute of 35 H. 8. c. 1. which entailed the Crowne upon Queene Mary after Edward the sixt his decease without issue 〈◊〉 this proviso That if thâ— said Lady Mary doe not keepe and performe such conditions as King Henry by 〈◊〉 Patents or last Will in writing 〈…〉 estate in the Imperiall Crowne 〈…〉 Imperiall Crowne shall be and come to the 〈…〉 lawfully begotten in such like manner and forme as 〈…〉 Mary were then dead without any Heires of her body begotten any thing in this Act contained to the contrary notwithstanding And the like provis there is for Queene Elizabeth That if she performe not the like conditions limited as aforesaid to her estate in the Crowne That then the said Imperiall Crowne shall be and come to such person or persons as the King by his Letters patents or last Will shall appoint By all which Acts worthy reading and consideration the Parliaments Supreame power of setling and disposing the descent and inheritance of the Crowne and giving Authority even to the King himselfe to dispose of it upon condition on paine of forfeiture as aforesaid which the King alone had no power at all to doe will easily appeare to the most malignant Spirits In the first Parliament of our late King Iames the first Bill then passed was an acknowledgement and confirmation of his immediate lawfull and undoubted succession and right to the Crowne of England as the next and onely Heire of the blood Royall to whom of right it descended which Dolman the Priest and some Jesuites opposed in Printed seditious Bookes So the Articles of Qu. Maries marriage with K. Philip were appointed and ratified by Parliament And the Imperiall Ecclesiasticall Jurisdiction usurped by the Pope and Prelates hath likewise by sundry Statutes beene restored and united to the Crowne and the Title of Supreame head and Supreame Governour in all causes and over all persons Spirituall Ecclesiasticall and Temporall setled upon our Kings and Queenes Who during their minorities have had Guardians and Protectors appointed to them by Parliament to summon Parliaments assent to Bills and execute all Royall Jurisdiction in their names and steads And as the Title and Right to the Crowne of England and the Jurisdiction thereof hath thus from time to time beene decided and setled in and by our Parliaments so hath the Title and jurisdiction of the Crowne of Scotland beene frequently discussed and setled in our Parliaments upon appeales made to them by the Kings of Scotland and their Corrivals to that Crowne Witnesse the famous case and competition for that Crowne long agitated and resolved in Parliament betweene the King of Norway Bailiol and Bruce to omit others in the Reigne of King Edward the first And this King Edwards Title to the Crowne of Scotland declared and resolved by our Parliament here All which are Recorded at large by Thomas Walsingham and Matthew Westminster in the life of King Edward the first and in the Parliament Rolls and Pleas of his Reigne with sundry other instances of this nature frequent in our Historians which for brevity I pretermit It is a cleare case without dispute that if the King should dye without any Heire the Crowne would escheate to the whole Kingdome and Parliament who might dispose of it in such a case to what person they pleased or quite change that forme of Government if they saw good cause no particular kinde of rule being so simply necessary by any divine Right or Law to any State or Kingdome but that as it was at first instituted so it may in such a case be changed by the whole Kingdomes generall consent upon sufficient grounds This appeares by the case of Charles the Grosse who being deposed from the Empire and his Kingdomes for a mad man and dying without any Heire the Kingdomes which before were subject to him Destitute of a right Heire began to fall in sunder on every side and to chuse Kings of themselves of another Family France elected Charles a childe sirnamed Simple for their King and after his simplicity displeased them they Crowned Otho Sonne of Robert Duke of Saxony in his place At the same time the people of Italy meaning to have a King of 〈…〉 not agree on the matter but some chose Beringarius 〈…〉 Kings in
Pacis l. 2. c. 6. 7. lib. 1. cap. 4. sect 10. where he affirms That a King who aliens and would actually deliver up possession of all or any part of his Realm to another forraign power without the peoples consents may lawfully be resisted with force of Arms by his Subjects concluding with this Sentence out of Seneca with which I shall close up this Discourse Et si parendum in omnibus Patri naturall or politicall IN EO NON PARENDUM QUO EFFICITUR NE PATER SIT This point I have thus copiously debated not out of any the least intention to derogate from his Majesties just Supremacie and Prerogatives royall which I have oft solemnly sworn to maintain to the utmost of my power and shall God willing perform but out of a serious desire to rectifie the generall mistakes of men touching a pretended Prerogative which their fantasies onely not the Law have unduely attributed unto Kings and to vindicate the just Liberties Priviledges and Prerogatives of Parliaments so much decryed declaimed against of late by a company of ignorant Papists Malignants Royalists who know not what the jurisdiction of Parliaments is according to the Protestation the clearing of which points in my weak apprehension is the onely high and ready way to compose our present differences to settle all our distractions which the ignorance the mistakes of the Kings and Parliaments just Prerogatives and Powers next to the treacherous malice of Papists have principally raised among us almost to the ruine of the Kingdom For my part I professe sincerely I love and honour both King and Parliament alike and in the controversies now between them concerning their Jurisdictions stand as a man indifferent to do right to both without prejudice to either and the King being the Principall Member of the Parliament the elevating of its now disdained Power to its due altitude can be no depression but advancement of the Kings Prerogative which shines most perspicuously in Parliaments whiles King and Parliament are united and is most eclipsed onely when they are divided as the precedents in all ages manifest And this I dare confidently averre That there are no such enemies to the Kings Prerogative as those who advancing it beyond due bounds do necessarily draw it into dispute in which it commonly comes off with losse and diminution in the end as in the late cases of Loanes Ship-money and the like It was a notable true Speech of our King Henry the 8. in the 34. yeer of his reign in the case of one George Ferrers a member of the Commons house arrested contrary to their Priviledge of which the King being informed used these words among other to the Speaker and House of Commons We are informed by our Iudges That we at no time stand so highly in our estate Royall as in the time of Parliament wherein we as Head and you as Members are knit together into one Body politick so as whatsoever offence and injury during that time is offered to the meanest of the House is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as all Acts and Processes coming our of Inferiour Courts must for the time cease and give place to the highest which being so My Vindication of the Parliaments Soveraign Power and Right can be no impeachment nor diminution of the Kings just Authority though many Sycophants and Malignants falsly repute it so If any here object against the premises That the King is the only Supreme Governour of this Realm That Bracton Fleta and our Law Books resolve That the King hath no Peer in His Kingdom for so He should lose His Empire since Peers or Equals have no command over one another much more then ought He not to have a Superiour or mightier for so He should be Inferiour to those who are subject to Him and inferiours cannot be equall to Superiours The King ought not to be under man but under God and the Law If then Iustâ—ce be demanded of Him by way of Petition because no Wâ—it runs against Him though anciently some Writs did if He do not justice this punishment may be sufficient to Him that He may expect God will revenge it Nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire c. Therefore the King is above the Parliament and whole Kingdom not they above Him I answer First That the meaning of all these Books is That the King is above every one of His Suâ—jects and hath no Peer nor Superiour if they be taken particularly and distâ—ibutively as single men as the words Parem Superiorem in the singular number and the like explain the meaning of the Books to be But if we take them collectively in Parliament as they are one body and represent the whole Kingdom then these very Authors resolve in their forequoted words That they are above the King and may yea ought to restrain and question his actions his Malâ—-Administrations if there be just cause Secondly Bracton explains himself how He is highest and without a Peer to wit In distributing Iustice that is He is the highest Iusticiar in the Kingdom but as low as any in receiving Iustice. Thirdly Even in Parliament it self the King is the Supreme Member and in that regard the Parliament in most publike Acts in all their Petitions or Addresses usuall stiles him Their Soveraign Lord Besides The Parliament it self is ever summoned dissolved by his Writ in his name by his Authority And in passing all Acts and Bills of Grace or such as are not simply necessary for the publike safety and utility of his people He hath an absolute negative voyce and his Royall assent is in some sence simply necessary for the passing of all ordinary lasting binding Laws In which respects he is and may be truely said in some sence To be above the Parliament it self and the only Supreme Governour but yet in the forenamed regards the Parliament really is and may be justly averred to be Paramount him and the Supremest Soveraign Power though not Governour Fourthly The Oath of Supremacy That the King is the only Supreme Governour relates only and at least principally to the Popes forraign Princes Authorities formerly usurped in this Realm as the Title Words scope of the Statute of 1 Eliz. cap. 1. and the very next words in the Oath it self undenyably manifest And that NO FORRAIGN Power Person Prelate State or Potentate hath or ought to have any Iurisdiction Power SUPERIORITY PREHEMINENCE or Authority Ecclesiasticall or Spirituall within this Realm and therefore I do utterly renounce and forsake ALL FORRAIGN Iurisdictions c. Therefore it refers not at all to Parliaments or their Jurisdiction Power Superiority Preheminence or Authority not so much as once thought of by the prescribers of this Oath which had its creation and Authority from
suis depulsus Ducatu caruit c. sed posteà pacato populo Ducatum recepit Eigebantur enim interdum Provinciarum Duces AB IPSO POPULO In the Roman State the Senate and some times the people alone without their advise had power to appoint Lieutenants and Governours of Provinces whence the Senate commanded those Governours of Provinces whom the Emperour Maximinus had made to be displaced and others to be substituted in their roomes which was accordingly executed yea the Senate had power to dispose of the common Treasure and publike reventue one of the greatest points of Soveraingty And so we read in Scripture Iudges 11. 5. to 12. That when the children of Ammon made warre against Israel the Elders of Gilead went to fetch Iephthah out of the land of Tob. And they said unto Iephthah Come and be our Captaine that we may fight with the Children of Ammon c. Then Iephthah went with the Elders of Gilead and THE PEOPLE MADE HIM HEAD and CAPTAINE OVER THEM the Princes and people even under Kings themselves having the chiefe disposing power of the Militia and denouncing war as is evident by Iosh. 22. 11. to 32. Iudges 20. and 21. throughout 1 Sam. 14. 38. to 46. c. 29. 1. to 11. 2 Sam. 18. 2 3 4. c. 19. 1. to 9. Prov. 20. 18. c. 24. 6. compared together And for a close of all lest any should object that no late direct precedent can bee produced to prove the office of the Lord Admirall and custody of the Seas disposed by Parliament I shall conclude with one punctuall precedent of many In 24. H. 6. prima Pars Pat. ma. 16. The King grants to Iohn Duke of Exeter the OFFICE OF ADMIRALL OF ENGLAND IRELAND and AQUITAIN with this subscription Per breve de privato sigillo AVCTORITATE PARLIAMENTI the former Patent of this office made joyntly to him and his sonne by the King alone in the 14. yeare of his reigne being surrendred in the Parliament of 24. and a new one granted them by its direction and authority Yea most of the Admiralls Patents which anciently were not universall for all England but severall for such and such parts onely and commonly but annuall or triennuall at most as Sir Henry Spelman observes in his Glossary in the word Admirallus where you have an exact Kalender of all the Admiralls names with the dates of their severall Patents and Commissions are DE AVISAMENTO ET ASSENSU CONSILII which is almost as usually taken for the Kings great Counsell the Parliament as for his privy Counsell And if our Kings have constantly disposed of this Office by the advise or assent of their privy Counsell there is more reason and equitie they should doe it by the advise of their great Counsell of which his privy Counsell are but a part and by whom they have frequently beene elected as I shall plentifully manifest in the next objection Now whereas some pretend that the Parliaments seising and detaining of the Kings Castles Ports Ships Armes and Ammunition is High Treason within the Statute of 25 Ed. 3. c. 3. and a levying of warre against the King I answer first that the Parliament was never within the meaning nor letter of that or any other Act concerning Treasons as I have formerly proved the rather because the King is a member of it and so should commit Treason against himselfe which were absurd Secondly because both Houses are of greater authority then the King a member of them as they make one Court so cannot commit Treason against the lesse Thirdly the Parliament is a meere Corporation and Court of justice and so not capable of the guilt of Treason A Judge Maior or particular persons of a Corporation may be culpable of high Treason as private men but not a Court of justice or Corporation Fourthly by the very Statutes of 25 E. 3. and of 11 R. 2. c. 3. 21 R. 2. c. 12. 1 H. 4. c. 10. 21. R. 2. c. 3. the Parliament is the sole Judge of all new Treasons not within the very letter of that act and if any other case supposed Treason not there specified happens before any Iustices the Iustice shall tarry without any going to judgement of the Treason till the cause bee shewen and declared before the King and his Parliament whether it ought to be judged Treason And if the Parliament be the sole Judge of all Treasons it cannot be guilty of Treason for then it should be both Judge and Delinquent and if so no doubt it would ever acquit it selfe of such a crime as High Treason and never give judgement against it selfe And no Judge or person else can arraigne or judge it or the members of it because it is the highest soveraigne Court over which no other person or Court whatsoever hath any the least jurisdiction So that if it were capable of the guilt of Treason yet it could not be arraigned or judged for it having no superiour or adequate Tribunall to arraigne it Fiftly admit it might be guilty of High Treason in other cases yet it cannot be so in this For having a joynt interest with the King in the premises in the Kingdomes right the sole propriator of them it cannot doubtles be guilty of treachery much lesse of High Treason for taking the custody and possession onely of that which is their owne especially when they both seise and detaine it for its owne proper use the Kingdomes security and defence without any malicious or traytorous intention against King or kingdome Secondly I answer that the seising or detaining of these from the King are no Treason or levying of Warre within this Law as is most evident by the Statutes of 6. Ed. 6. c. 11. which expresly distinguisheth the seising and detaining of the Kings Forts Ammunition Ships from the levying warre against the King in his Realme and by an expresse new clause enacts this seising and detayning to be High Treason from that time because it was no Treason within 25. Ed. 3. before which if it had beene in truth this new clause had beene superfluous which law of King Edward being repealed by primo Mariae Rastal Treason 20. this offence then ceased to be Treason whereupon by a speciall act of Parliament in 14 Eliz. c. 1. it was made High Treason againe which had beene needlesse if it had beene a levying of warre or Treason within 25. Ed. 3. before And that with this proviso this Act to endure during the Queenes Majesties life that now is ONLY and so by this Parliaments resolution it is no Treason since her death within 25 Ed. 3 for then this proviso had beene idle and repugnant too And therefore being now no High Treason in any person cannot without much calumny and injury be reputed Treason in both the Houses of Parliament uncapable of High Treason as the premises demonstrate In briefe he that seised and detained the Forts and Ships
of the Lords House and some Judges from the House and City By plundering divers Parliament mens houses imprisoning their persons without Bayle Maineprise or Redemption and laying intolerable taxations on their estates By Declaring both Houses Traytors if not in positive yet at least in equivalent words and by necessary consequence By divers unparalleld violations of the Parliaments Priviledges by extrajudiciall Declarations out of Parliament penned by Malignants in his Majesties name and avowed by him published of purpose to oppose annull reverse the solemne legall Resolutions Declarations and Votes of both Houses in sundry cases and by name that against the Commission of Array And finally by the manifold invectives in severall his Majesties Declarations and Proclamations against the Parliaments Votes Proceedings Members seconded with expresse commands and invitations to the People to Contemne its authority and disobey all its Orders made without his personall consent which is indeed nought else but to nullifie Parliaments to make them altogether contemptible ridiculous and trample them under feete and hath wrought a strong malignity disobedience if not disaffection in many people to Parliaments to the end they may never desire or enjoy them hereafter notwithstanding the Act for trienniall Parliaments when this is once dissolved All these unparalleld apparent high attempts against the very honour essence of this and all other future Parliaments transcending both for quantity and quality all the violations of Parliaments Priviledges in all his Majesties Predecessors Reignes since England was a kingdome summed up in one together with the late Oxford Propositions for an Accommodation wherein the Houses finall Resolutions Declaring what is Law are called illegall and required to be reversed the power of imprisoning and fining men denyed and prostituted to the censures Writs and Examinations of inferiour Courts by way of Habeas Corpus the just expulsions of their owne Members denyed them all high Violations and denials of the knowne priviledges of Parliament contrary to his Majesties many former and late Printed Protestations and those Acts newly passed concerning Parliaments which will never recover their pristine dignity honour power priviledges if this should miscarry induce the most intelligent to opine that his Majesty long since weary of the yoke of all Parliaments the only Remora to his absolute intended Monarchy and repenting of the Act for continuing this since he hath gained his ends for which it was summoned more out of absolute necessity then love to Parliaments to wit peace with the Scots for the present by an Accommodation wrought by this Parliament purchased with his Subjects mony when as he saw no hopes of repelling them hence by force the paying of his then raised Army against them by the Parliaments free supply is now resolved in prosecution of his pristine Counsels by force or policy to dissolve this Parliament in discontent as he hath done all former and that with such advantages of a generall ill opinion of Parliaments in the ignorant mis-informed vulgar on the one hand and of a prevailing conquering power on his part on the other hand as shall either utterly extinguish the hopes and Bill of summoning any future trienniall Parliamentary Assemblies or at least so emasculate the vigour and eclipse the power of them if called that they shall neither have courage nor might nor meanes to resist his foresaid grand designe if he can now either by force or policy resume the Militia Forts Navy Ammunition into his absolute dispose the onely present obstacle now his forces are so great to gaine a compleate long-expected conquest over his peoples Liberties Lawes Estates and all Parliaments Priviledges if not beings too And if our Parliaments the onely Bulwarkes to protect our Lawes Liberties Estates Lives Religion Peace Kingdome against the devastations of oppressing lawlesse Princes and Officers be once conquered or weakned in the least degree we can expect no other issue but that Tyranny slavery popery shall be ere long entailed upon us and our Heires Soules and bodies forever Secondly By his Majesties frequent imposing of many unlawfull Taxes and Impositions on his Subjects contrary to his Coronation Oath the ancient Lawes of the Realme yea his owne late Statutes Declarations Vowes Promises which designe hath beene carryed on with a strong hand all his Reigne till now and at this present with a farre higher hand then ever which they exemplifie by the Loanes with other Taxes Impositions Grievances complained of in the Petition of Right in the third yeare of his Reigne which Act when first passed with this his Majesties solemne Oration and Protestation Printed with it I doe here declare That these things which have beene done whereby men had some cause to suspect the Liberty of the Subject to be trenched upon shall not hereafter be drawne into example for your prejudice And in time to come IN THE WORD OF A KING you shall not have the like cause to complaine backed with his Royall Declaration to all his Subjects at the breach of that Parliament to like purpose made most men thinke they should never be grieved with illegall Taxes more though the very annexing and Printing of his Majesties two Answers this Speech when he passed the Petition at the end thereof with the Scope and matter of this Speech and other then concurring circumstances made the wisest men suspect it was onely a baite to catch the Temporalties and Clergies five a peece extraordinary great Subsidies then aymed at a greater ayd then was ever before granted at once to any of his Majesties Predecessors and a policy then seemingly to content but subsequently to delude the over-credulous impoliticke Vulgar the verity whereof was at that instant much confirmed by his Majesties clayming even in his very speech when he passed the Petition of Right Tunnage and Poundage as a meere right and his taking it as a just duty without grant by Parliament from his comming to the Crowne till then and since by his extraordinary strange commission granted under the great Seale to divers Lords and others for the laying of an intolerable illegall excise on all the Subjects throughout England and Ireland seconded with the Commission to Dalbere and others for the raysing and importing of German Horse and the billeting of Irish foot in sundry places of England to joyne with those horse to set on this excise even at that very instant when this Petition of Right was debated and passed the breaking up of that Parliament as soone as these Subsidies were granted and the unpatterned inundation of all kinde of unjust Taxes as soone as ever that Parliament was dissolved as fines for Knighthood New-buildings Inclosures exacted Fees not to redresse but authorize them by compositions to get money Shipmony Monopolies of Tobacco Sope Brickes Pins and a world of other particulars upon which annuall rents were reserved Forrest-bounds and offences prosecuted with all Rigour Impositions upon Coale Beare Salt Wines Tobacco and all kinde of Merchandise Lieutenants
right and interest wee cannot say many men but suspect the like and worse usages when these are all surrendred into his Majesties power and that he with his ill Counsellors who had lately such a bloody treacherous designe against Bristoll during the Treaty of Peace and now plainly professe that they never intended the Premises should be put into such persons hands as the Parliament and kingdome might confide in but themselves alone will then as much over-awe the present and all future Parliaments as they doe now the country people where they quarter and handle many active worthy members of both Houses particularly proclaimed rebels by the King without conviction who hath not so violently proceeded against any of the Irish Rebels in this kinde as he hath done against the houses of Parliament and the chiefe well deserving members of it as rigorously if not far worse as any now imprisoned by them notwithstanding that true rule of Seneca Remissius imperanti melius paretur Et non minus Principi turpia sunt multa supplicia quam Medico multa funera Their second generall reason is an ancient â—ore ploâ—teâ— conâ—ederacie between the Popish and Prelaticall Party in the Kingdome to change Religion and re-establish Popâ—ry Which designe hath been vigorously prosecuted long before his Majesties â—aigne but more effectually since his marriage with one of that Religion who in regard of her neerenesse to and continuall presence with him heretofore and activitie to assist him now against his Parliament hath such a meritâ—rious interest in his affections if not powerfull influence upon his will and Councells as may induce his Majestie as well as King Salomon to grant at least a speedy publike long-expected tolleration and free use of the Romish Religion if not a suppression of the Protestant faith throughout the Realme if all the premises be put into his Majesties unlimited power And that which backes this more then conjecturall feare is First the large visible progresse made in this designe before this Parliament as not onely the Houses joynt Declarations but divers Malignant Members declanatory Orations now with the King testifie together with our Prelates manifold Popish Innovations in Doctrines Ceremonies Ecclesiasticall proceedings the Popes Nuncioes Residence neere and free accesse to Court our Agents residence at Rome the Cell of Capuchins Chapples erected for Masse the infinite swarmes of Seminary Priests and Jusuites every where with freedome and impunity the suspention of the Lawes against them and Popish Recusants the late persecutions and suppressions of all godly Preaching Ministers and most zealous Protestants with other particulars clearely demonstrate Secondly the present generall Rebellion and bloody proceedings of the Papists in Ireland to extirpate the Protestant Religion there and the many prevayling Plots of the Irish Rebels party here to delay seize or frustrate all ayde and opposition against them from hence with his Majesties late Commissions to Papists and Protestants and some who have beene in actuall Rebellion to treate and conclude a peace with these Rebells contrary to the very Act he passed this Parliament for Irelands releefe Thirdly his Majesties late letter to the Councell in Ireland to exclude the Parliaments agents and members there from all their Councells and meetings and if reports be credible his Majesties Commissions lately issued to most notorious convicted Papists in Wales Lancashire the North and other parts to arme themselves and raise forces under their Commâ—nds who are now in severall bodies in the field and his inteâ—taiâ—ing of divers Popists and Irish Rebells in his Army to fight against the Parliament contrary to the expresse Lawes of the Realme his owne frequent Proclamations and Protestations â—o entertaine â—o Papists neare hâ—m and to defend the Protestant Religion Which added to the intercepting of the Parliaments provisions for the releefe of the Protestants in Ireland the entertaining of some of the Commanders sent to Ireland by the Parliament agâ—inst the Rebâ—lls if not sending for some of them out of Ireland from that Service to warre against the Parliament with the passes under his Majesties hand for the traâ—sâ—orting of some Popish Commanders since joyned wiâ—h the Irish Râ—bells into Ireland make many jealous heads suspect the common vaunt of the Irish Rebells that they have expresse Commissions both from the Kiâ—g aâ—d Queene to warrant theâ—r â—roceedings thâ—re and that they fight but for them against the Parliâ—mâ—nt Puâ—â—tanes and Parliament-Dâ—gs the Language of the Cavaleeres too learned from them are not onely possible but probable and that thâ—re is a generall designe on foote towards which the Papists in forraigne parts through the Priests and Queenes Negotiations have made large contributions by the Popish Armies now raised in both Kingdomes to sâ—t up Popery in its perfection every where and extirpate the Proteâ—â—ant Religion in all oâ—r Kingdomes which nothing but an absolute conquest of these blood-thirsty Papists caâ— in probability prevent they being already growne so insolent as to say Masse openly in all the Northerne parts and Army and in Reading in affront of God and our Religion If therefore the premises should now be wholy surrendred to his Majestie it is much to be feared that the Popish party now most powerfull would in recompence of their meritorious service and assistance in these warres at leastwise challenge if not gaine the chiefe command of the Ports Navie Ammunition the rather because the Lord Herbert a most notorious Papist both before and since this Parliament enjoyed the sole charge and custodie of all the Military Engines and Ammunition royall at Foxes Hall designed for the Kings chiefest Magazine and then farewell Religion Lawes Liberties our Soules and bodies must become either Slaves or Martyrâ—s Their third generall ground is the constant practise of most of our Kings as Iohn Henry the 3d. Edward and Richard the 2 d with others who after warres and differences with their Parliaments Lords Commons upon accommodations made betweene them as soone as ever they got possession of their Castles Ships Ammunition seised by their Subjects brake all vowes oathes covenants made unto them oppressing them more then ever enlarging their owne prerogatives and diminishing the Subjects Liberties yea taking away many of their lives against Law Oathes Promises Pardons on purpose to enthrall them which still occasioned new Commotions as the premised Histories and others plentifully informe us And that the King considering all his fore-mentioned proceedings and pertinacious adhearing to his former evill Councellours and their Councells should degenerate from his predecessors Policies in case the premises be yeelded wholy to him before our Liberties and Religion be better setled and the just causes of our feares experimentally removâ—d iâ— hardly credible But against these 3. Generall reasons his Majesties many late solemne Protestations and those Acts which he hath passed this Parliament are objected as sufficient security against all future feares To which they answer First that if his Majâ—sties Coronation
and custome but by the Kings pleasure and the Lords onely of the Kings party contrary to right and reason summoned to it by meanes whereof Will therein ruled for reason men alive were condemned without examination men dead and put in execution by privie murther were adjudged openly to dye others banished without answer an Earle arraigned not suffered to plead his pardon c. and because the latter of them by divers seditious evill-disposed persons about the King was unduly summoned onely to destroy some of the Great Nobles faithfull and Lawfull Lords and other faithfull liege people of the Realme out of hatred and malice which the said seditious persons of long time had against them and a great part of the Knights of divers Counties of the Realme and many Burgesses and Citizens for divers Burroughs and Cities appearing in the some were Named returned and accepted some of them without due and free Election some of them without any Election by meanes and labour of the said seditious persons against the course of the Lawes and Liberties of the Commons of the Realme wherby many great Jeopardies Enormities and Inconveniences wel-nigh to the ruine decay and subversion of the Realme ensued If then the grand Councellors and Judges of this highest Court are and ought to be elected only by the Commons not the King because they are to consult and make Lawes for the Kingdomes welfare safety government in which the Realme is more concerned then the King and Bishops Abbots and Priors likewise whiles members of the Lords House of Parliament were chosen by the Clergy People Commons not the King by semblable or better reason the whole State in Parliament when they see just cause may claime the nomination of all publike Officers of the Kingdome being as much or more the Kingdomes Officers 〈◊〉 the Kings and as responsible to the Parliament as to the King for their misdemeanours in their places without any diminution of the Kings Prerogative Fiftly the Parliament consisting of the most Honourable Wise Grave and discree test persons of all parts of the Kingdome are best able clearely and impartially to Iudge who are the fittest ablest faithfullest most deserving men to manage all these publike Offices for the Kings the Kingdoms honour and advantage better then either the King himselfe his Cabinet-Counsell or any unconsiderable Privadoes Courtiers Favourites who now usually recommend men to these places more for their own private ends and interests then the Kings or Kingdoms benefit therfore it is but just equitable that they should have the principall nomination and recommendation of them to the King rather then any others whomsoever that the King should rather confide herein to their unbiased Iudgements then to his most powerfull trustiest Minions who would out the Parliament of this just priviledge that they might unjustly engrosse it to themselves and none might mount to any places of publike trust but by their deare-purchased private Recommendations the cause of so many unworthy untrusty corrupt publike Officers and Judges of late times who have as much as in them lay endeavoured to enslave both us and our posterities by publike illegall Resolutions against their Oathes and Consciences Sixthly Though our Kings have usually enjoyed the choice of Judges and State Officers especially out of Parliament time yet this hath been rather by the Parliaments and peoples permissions then concessions and perchance by usurpation as appeares by Sherifes and Lieutenants of Counties Elections now claimed by the King though anciently the Subjects right as I have proved And if so a Title gained only by Connivance or Usurpation can be no good plea in Barre against the Parliaments Interest when there is cause to claime it however the Kings best Title to elect these publike Officers is only by an ancient trust reposed in his Predecessors and him by the Parliament and Kingdom with this tacit condition in Law which Littleton himselfe resolves is annexed to all Officers of trust whatsoever that he shall well and lawfully discharge this trust in electing such Counsellors Officers and Iudges as shall be faithfull to the Republicke and promote the subjects good and safety If then the King at any time shall breake or pervert this trust by electing such great Counsellors Officers and Judges as shall willingly betray his Subjects Liberties Proprieties subvert all Laws foment and prosecute many desperate oppressing Projects to ruine or inthrall the Kingdom undermine Religion and the like as many such have been advanced of late yeares no doubt the Parliament in such cases as these may justly regulate or resume that trust so far into their own hands as to recommend able faithfull persons to these publike places for the future without any injury to the Kings Authority It was a strange opinion of Hugh Spensers great favourites to King Edward the second which they put into a Bill in writing That homage and the Oath of Allegiancâ— is more by reason of the Crowne then by reason of the Person of the King and is more bound to the Crowne then to the Person which appeares because that before the descent of the Crowne no Allegiance is due to the Person Therefore put case the King will not discharge his trust well according to reason in right of his Crowne his Subjects are bound by the Oath made to the Crowne to reforme the King and State of the Crowne because else they could not performe their Oath Now it may say they be demanded how the King ought to be reformed By 〈◊〉 of Law or by 〈◊〉 By suite at Law a man can have no redresse at all for a man can have no Iudge but these who are of the Kings party In which case if the will of the King be not according to reason he shall have nothing but â—rrour maintained and conâ—â—med Therefore it behoveth for saving the Oath when the King will not redresse a thing and remove what is evill for the Common people and prejudiciall to the Crowne that the thing ought to be reformed by force because the King is bound by his Oath to governe his Lieges and people and his Lieges are bound to governe in aide of him and in default of him Whereupon these Spensers of their owne private Authority tooke upon them by Vsurpation the sole government both of King and Kingdome suffering none of the Peeres of the Realme or the Kings good Counsellours appointed by the State to come neere him to give him good counsell not permitting the King so much as to speake to them but in their presence But let this their opinion and private unlawfull practise be what it will yet no doubt it is lawfull for the whole State in Parliament to take course that this part of the Kings Royall trust the chusing of good publike Counsellours Officers Judges which much concernes the Republike be faithfully discharged by recommending such persons of quality integrity and ability to all publike places of trust and
judicature as both King and Kingdome may confide in which will be so far from depressing that it will infinitely advance both the Kings Honour Justice profit and the Kingdomes too Seventhly It is undeniable that the Counsellours Judges and Officers of the Kingdome are as well the Kingdoms Councellours Officers and Iudges as the Kings yea more the Kingdoms than the Kings because the King is but for the Kingdoms service and benefit This is evident by the Statute of 14 E. 3. c. 5. which enacts that as well the Chancellour Treasurer Keeper of the Privie Seale the Iustices of the one Bench and of the other the Chancellour and Barons of the Exchequer as Iustices assigned and all they that doe meddle in the said places under them shall make an Oath well and lawfully to SERVE the King and HIS PEOPLE in THEIR OFFICES which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. 1 Rich. 2. c. 2. swearing and injoyning them To doe even Law and execution of right to all the Subjects rich and poore without having respect to any person c. And if any of them doe or come against any point of the great Charter or other Statutes or the Lawes of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament as well at the Kings suite as at the suite of the party Seeing then they are as well the Kingdomes Councellours Officers Iudges as the Kings and accountable responsible for their misdemeanours in their places as well to the Parliament and Kingdom as to the King great reason is there that the Parliament Kingdome especially when they see just cause should have a voice in their elections as well as the King The rather because when our Kings have been negligent in punishing evill Councellours Officers Iudges our Parliaments out of their care of the publike good have in most Kings reignes both justly questioned arraigned displaced and sometimes adjudged to death the Kings greatest Counsellours Officers and Iudges for their misdemeanours witnesse the displacing and banishing of William Longcham Bishop of Ely Lord Chauncellour chiefe Iustice and Regent of the Realme in Richard the 1. his Reigne Of Sir Thomas Wayland chiefe Iustice of the Common pleas attainted of Felony and banished for bribery by the Parliament 18 Ed. 1. the severall banishments of Piers Gaveston and the â— Spensers the Kings greatest favourites Officers Counsellors for seducing miscounselling King Edward the second oppressing the Subjects and wasting the Kings revenues the removall and condemnation of Sir William Thorpe Chiefe Iustice of the Kings Bench for Bribery 25. E. 3. The fining and displacing of Michael de 〈◊〉 Pole Lord Chauncellour Alexander Nevell and divers other great Officers and Privie Counsellours with the condemning executing and banishing of Tresilian 〈◊〉 and other Judges in 10 11 Rich 2. by Parliament for ill Councell and giving their opinions at Nottingham against Law Of Empson Dudley and that grand Cardinall Wolsey Lord Chancellour and the Kings chiefest Favourite and Counsellour in Henry the eight his Reigne Of the Duke of Sommerset Lord Protector and his Brother Lord Admirall for supposed Treasons in Edward the 6 th his Reigne Of Sir Francis Bacon Lord Keeper and Cranfield Lord Treasurer in King Iames his latter dayes with infinite other presidents of former and latter ages and one more remarkable then all the rest In the Yeare 1371. the 45. of King Edward the third his Reigne and somewhat before the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands Simon Langham Arch-bishop of Canterbury being Lord Chancellour of England Iohn Bishop of Bath Lord Treasurer William Wickam Archdeacon of Lincolne Keeper of the Privie Seale David Wolley Master of the Rolles Iohn Troy Treasurer of Ireland Robert Caldwell Clerke of the Kings Houshold William Bugbrig generall Receiver of the Dutchy of Lancaster William Ashby Chancellour of the Exchequer Iohn Newneham and William de Mulso Chamberlaines of the Exchequer and keepers of the Kings Treasury and Iewels Iohn Roxceby Clerke and Comptroller of the Kings works and Buildings Roger Barnburgh and 7 Priests more Clerkes of the Kings Chancery Richard Chesterfield the Kings under-Treasurer Thomas Brantingham Treasurer of Guives Merke and Calis All these Clergie-men who abounded with pluralities of rich Spirituall Livings though they Monopolized all these temporall Offices in the Parliament of 45 Edward the 3d. by a Petition and complaint of the Lords were displaced at once from these Offices no wayes suitable with their functions and Lay-men substituted in their places And a like president I find about 3 Hen. 3d. where the Clergy Lord Chancellour Treasurer with other Officers were removed upon a Petition against them and their Offices committed to Temporall-men whom they better beseemed If then the Parliament in all Ages hath thus displaced and Censured the greatest Councellours State-Officers Iudges for their misdemeanours ill Counsell insufficiency and unfitnesse for these places contrary to that twice condemned false opinion of the over-awed Iudges at Nottingham in 11 R 2. That the Lords and Commons might not without the Kings will impeach the Kings Officers and Iustices upon their Offences in Parliament and he that did contrary was to be punished as a Traitour and that upon this very ground that they are the Kingdoms Counsellours Officers and Iustices as well as the Kings and so responsible to the Parliament and Kingdome for their faults I see no cause why they may not by like reason and authority nominate and place better Officers Counsellours Iudges in their steeds or recommend such to the King when and where they see just cause Eightly Iohn Bodin a grand Polititian truely determines and proves at large That it is not the right of election of great Officers which declareth the right of Soveraignty because this oft is and may be in the Subjects but the Princes approbation and confirmation of them when they are chosen without which they have no power at all It can then be no usurpation at all in the Parliament upon the Kings Prerogative to nominate or elect his Councellours great Officers and Iudges or recommend meet persons to him which is all they require so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents in case he cannot justly except against them Of which power they never attempted to divest his Majesty though he be no absolute but only a politick King as Fortescue demonstrates Ninthly It hath beene and yet is usuall in most Forraigne Kingdomes for the Senate and people to elect their publike Offiâ—ers and Magistrates without any diminution to their Kings Prerogative In the Roman State the people and Senate not only constantly elected their Kings and Emperours but all their other grand publike Officers and Magistrates as Consuls Tribunes Dictators Senators Decemviri and the like
were elected by the people who prescribed them Lawes Oathes and had power to question to punish remoove and censure them when they offended Solon and Aristotle with other great Politicians debating this Question Whether the power of Electing and censuring the Magistrates and chiefe Officers ought to resids in the people Conclude offirmatively That it is most necessary and convenient this power should rest in the people because else the people shall become both the servants and enemies of their Princes if they have not this power and because all the people together are more considerable and better able to judge of the goodnesse and fitnesse of Magistrates for them then any few select particular men which are more apt to be seduced with by-endâ— then a great multitude Whence among the Lacedemonians and in most Kingdomes and Republicks in Greece the people had both the election yea and correction of their Magistrates and chiefe State Officers as they manifest In the Kingdome of Aragon in Spaine their ancient Suparbiense Forum their Iustitia Aragoniae and Rici homines who are their principall Magistrates Great Counsell of State and Priviâ— Counsellours to their King both in Warre and Peace having power over their Kings themselves to examine and censure all their Actions and remove them if there be cause with all their Members Knights and Burgesses of their Parliaments held formerly once a yeâ—re but now once every second yeare by fixed Lawes anciently were and at this day are elected by the People and not the King In the Germane Empire the Electorship Chancellourship and all great Offices of State are hereditary and successive not chosen by the Emperour and the greatest part of inferiour Magistates are elected in most Provinces and Cities by the people In Polonia the Archbishop of Gnesne is by inheritance alwayes Chancellour of the Realme In Hungary the great Palatine the chiefest Officer of that Kingdome next to the King himselfe who at home determineth and judgeth all differences between the King and Subjects according to the Lawes of that Realme est enim apud Panonios in usu Regem si quid contra Legem fecerit legibus subijci and during the interregnum hath right to summon Parliaments and generall assemblies of the Estates yea the chiefe hand and power in electing a new King and the Soveraigne command in the Warres Adeo ut sontes punire bene de re publica â—â—ritis praemia discernere fundosque qui 20. vel 30. agricolarum capaces sunt juris haerâ—ditarij nomine conferre possit c. as Nicholaus Isthuanfus writes is elected by the States and Parliament of Hunâ—ary not the King And in this manner Bethrius was elected Palatine in a full assâ—mbly of the States Senatus Nobiliâ—tiâ—sque consensu Anno Dom. 1517. and the Vayvode put by In Venice the Senate and people chuse all the great publike Officers not the Duke In Poland where the King is elective by the Law of Sigismond Augustus all the Magistrates of every Countrey were to be chosen by the particular States of every Government and so they are now In Denmarke and Sweden and Bohemia the Kings themselves are Elective by the States and people and most of their publike Officers too When Rome and Italy were under the Gothish Kings they still elected their publike Officers as is evident by King Theodoricus Letter of approbation of their Election in these words Our consent Reverend Fathers doth accompany your jâ—dgement In Scotland Anno 1295. the Scots in King Iohn Bayliols Reigne considering his simplicity and unapâ—nâ—sse elected them 12. Peeres after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose counsell the King ought to Governe the Realme and by whose ordination all the affaires of the Kingdome should be directed which was principally done in affront of King Edward the first by whom this Iohn was made King of Scotland in some sort against the Scots good liking some of them secretly murmuring against it In France it selfe where the King as some thinke and write is an absolute Monarch the greatest publike Officers anciently have sometimes been Elected by the Three Estates of Parliament Anno 1253. The States of France Elected the Earle of Leycester their Grand Seneschall and chiefe Counsellour of State to advise them and their desolate estate what to doe In the Yeare 1324. Arthur Duke of Brittaine was chosen Constable of France by the voice of all the Peers of the Great Counsell and Parliament and thereupon was admitted to that Grand Office In the Yeare 1357. the 7 th of King Iohn of France the Archbishop of Roan Chancellour of France Sir Simon de Bury chiefe Counsellour of the King and of the Parliament Sir Robert de Lorize Chamberlaine to the King Sir Nicholas Brake Master of the Kings Pallace Eguerrain Burges of Paris and Under-Treasurer of France Iohn Priest Soveraigne-Master of the Money and Master of the Accounts of the King and Iohn Chauneon Treasurer of the Kings Warres were all complained of by the Three Estates of France assembled in Parliament for misguiding the King and Realme their goods confiscated to the King themselves removed from these Offices and others elected in their places by the States In the Yeare 1408. by a Law made in the Parliament at Paris it was decreed That the Officers of the High Court of Parliament should be made by the Parliaments Election and those then vacant were so which Law was againe revived by King Lewis the 11 th in the Yeare 1465. And after him in the time of Charles the 8 th not onely the Presidents the Kings Counsellours and Advocates were made by election but even the Kings Atturney Generall the onely man of all the body of the Court that oweth not Oath but to King onely was chosen by the suffrages of the Court in the Yeare 1496. though their Letters of Provision and confirmation of their Election then were and yet are alwayes granted by the King About the Yeare 1380. the Earle of Flanders who had regall Jurisdiction exacting new Customes and Taxes from his Subjects contrary to their Liberties they thereupon expelled him with all his Family and Counsellours out of their Countrey And refused upon any termes to submit to his Governement unlesse he would remove all his evill Counsellours from him and deliver them into their hands to be punished Et recipere SOLVM VELIT CONSILIARIOS EX COMMVNIS VVLGI DECRETO and would receive such Counsellours onely as his people by common decree should assigne him which he was constrained sore against his will to condescend too ere they would restore him Since then the Councellours Magistrates Judges and Prime Officers of State in most other Kingdomes have beene thus elected by the people and Parliaments without any enchrochments upon their Kings just Regalities Why our Parliament now may not claime and enjoy the like Priviledges without any impeachment
they were exceedingly moved with indignation Yet no man durst speake openly of the matter by reason of the malice of those about the king and the irrationall youth of the king himselfe and so the benefits of the king and kingdome were trodden under foote by the countenance of the kings indiscretion and the malice of those inhabiting with him In the ninth yeare of king Richâ—rd the second Michael dâ— la Pâ—le Earle of Suffolke for grosse abuses bribery and Treason was put from his Chauncellourship fined 20000. markes to the king and condemned to dye Haec autem omnâ—a quanquam summe regi placuisse dâ—buerant maximè displicebant adeò fidebâ—t infideli adeo coiuit nebulonem Insomuch that the King and his familiars plotted to murther the Knights of the Parliament who most opposed the subsidie he demaunded and the said Michael together with the Duke of Glocester at a supper in London to which they should be invited thinking by this meanes to obtaine their wills But the Duke and they having timely notice thereof and Richard Exton then Major of Londoâ— freely telling the king when he was called to assent to this villany that he would never give his consent to the death of such innocents though Sir Nicholas Bramber Major thâ— yeare before had thereto assented this wickednesse was pâ—evâ—nted and being made publicke to all the inhabitants in the City and parts adjoyning from thenceforth the hatred of such counsellors and love of the Duke and foresâ—yd knights encreased among all men And the Duke and Knights with greater constancie and courage opposed De la Pole and after many delayes the king full â—ore against his will WAS COMPELLED to give a commission of Oyeâ— terminer to the Duke of Glocestâ—r and â—iâ—hard Earle of Arundell to heare and determine the businesses and complaints against De la Pole and all others which the Knights of the Parliament had accused who gave judgement of death against them and Thomas Arundell Bishop of Ely was mâ—de Chauncellour by the Parliament in De la Poles place and the Bishop of Durham removed from his Lord Treasurership with which he was much enamoted taking much pâ—ines and being at great cost to procure it and 〈◊〉 Gilbert Bishop of Herefoâ—d qui plus liâ— gua quam fide vigebat was suâ—rogaâ—ed in 〈…〉 But this Parliament ending the king immediately received De la Pole whom Walsingham stiles Pâ—rfidiae promptuarium sentiâ—a avaritiae aurâ—ga proditionis archa malitiae odii seminator mendacii fabric tor susurro nequissâ—mus dolo pâ—aestantiss mus artificiosus detractor patâ—iae delâ—toâ— consiliarius nequam meritò perfi us euomens spiritum in terra pâ—regrina together with the Duke of Ireland and Alexander Nâ—vell Archbishop of Yorke into his Court and favour who laboured night and day to incense the King against the Lords and to annull the Acts of this Parliament by which meanes the Kings hatred towards his Nobles and naturall faithfull people increased every day more and more these ill Councellors whispering unto him that he should not be a king in effect but onâ—ly in shâ—dow and that he should enjoy nothing of his owne if the Lords shouâ—d keepe tâ—eir received power The King therefore beleeving them from thenceforth suspected all the Nobles and suffered these ill Councellors and their confederates to wâ—st his revenues and oppressâ— his people Whereupon the next yeare following a Parliament being summoned the Lords and Commons by reason of great and horrible mischeifes and perils which had hapned to the King and the Realme aforetime by reason of evill Councellors and governance about the Kings person by the foresaid Archbishop of Yorke Robert de Vere Duke of Ireland De la Pole Robert Trisilâ—an Lord Chiefe Iustice of England Sir Nicholas Brambre and other their adherents who wasted demished and destroyed the goods treasure and substance of the Crowne oppresâ—sed the people dayly with importable charges neglecting the execution of the good Lawes and Customes of the Realme so that no full right nor justice was done c. whereby the king and all his Realme were very nigh to have beene wholy undone and destroyed for these causes and the eschewing of such like perills and mischeiefes to the King and Realme for time to come displaced and removed these ill Councellors and at their request a new Chauncellor Treasurer and Privie seale were ordained in Parliament even such as were held good sufficient and lawfull to the honour and profit of the King and his Reaâ—me And by advise and assent oâ— the Lords and Commons in Parliament in ayde of good governance of the Realme for the due executi us of good Lawes and the reliefe of the Kings and his peoples â—tates in time to come a speciall Câ—mmission under the great Seale of England confirmâ—d by the Statute of 10. R. 2. c. 1. was granted to both Archbishops the Dukes of Yorke and Glocester the Kings Vnclâ—s thâ— Bishops of Worcester and Exetor the Abbot of Waltham the Earle of Arundle the Lord Cobham and others to be of the Kings GREAT CONTINVALL COVNSELL for one yeare then next following to survey and examine with his sayd Chauncellor Treasurâ—r and Keeper â—f the Privie â—â—ale as well the estate and government of his house as of all his Courts and places as of all his Realme and of all his Officers and Ministers of whatsoever estate as well within the house as without to inquire and take information of all rents revenues profits due to him in any manâ—er within the Realme or without and of all manner of gifts granâ—s alienaâ—ions or confirmations made by him of any Land Tenements Rents Anuities Profiâ—s Revenues Wards Marriages and infinite other particulars specified in the Act and of all kinde of oppressions offenses and dammages whatsoevâ—r donâ— to tâ—e King or his people and them finally to heare and determine And that no man should councell the king to repeale this Commission though it tooke no effect under paine of forfaiting all his goods and imprisonment during the kings pleasure No sooner was this Parliament dissolved but this unhappie seduced King by the instigation and advise of his former ill Councellors endeavours to nullifie this Commission as derogatory to his royall power and sending for his Iudges and Councell at Law to Notâ—ingham Castle caused them to subâ—cribe to sundry Articles tending to the Totall subversion of Parliaments causing the Duke of Glocâ—ster and other Lords who procured this Commission to be indighted of high Treason to which Inditements the Iudges being over-awed with feare set their hands and seales for which illegall proceedings destructive to Parliaments by 11. R. 2. c. 1 to 7. these ill pernicious Councellours and Iudges were attainted and condemned of High Treason put from their Offices their Lands confiscated many of them executed the residue banished and above 20. other Knights Gentlemen and Clergie men who mis-councelled the King imprisoned condemned and banished the Court as
reasons for it as satisfied both Howses witnes their answers to infinite Petitions yet extant among the Parliament records Therefore the King now is as much obliged thereto as they Seventhly If the King in point of law should have an absolute negative voice in denying his assent to publike Bills of meere right and justice then he should have power by law to deny justice and right and to doe wrong and iniustice to his people a prerogative which neither God himselfe nor any lawfull Monarch ever yet chalenged but renounced with greatest detestation I read in Plutarch that when a flatterer said to king Antigonus that all things were honest and iust to Kings he answered only indeed to Kings of Barbarians but to us honest things are to be accounted for honest only just things for just And that Acrotatus gave the like answer to his parents when they pressed him to do an uniust thing Quoâ—iam vult is me optima agâ—re optimuÌ„ auteâ—â— est cum privato tum multo etiaÌ„ magis Principiid quod est justum agam quâ—â—ultis quae viro dicitis detrectabo Yea our law expresly denies the king any such uniust prerogative by these unquestionable maximes the King neither can nor ought by law to do any wrong seeing he is Gods Vicar and the fountaine of Iustice. Et hocsolum Rex NON POTEST FACERE quod NON POTEST INIVSTE AGERE which our law-books make no defect of power but one of the highest branches of the Kings Prerogative for confirmation whereof I shal only cite one notable Record 7. H. 4. Rot. Parl. Num. 59. The Commons complained that by the favour of Ordinaries divers incumbents were outed of their benefices by superinstitutions upon presentations of the King contrary to the statute in that case provided and were denied a Scire faciâ—s without a speciall licence or command of the King first obtained to the great offence of God and against reason and law BECAVSE SVCH AN ACT CANNOT BE ANY PREROGATIVE AT AL IN OVR LORD THE KING WHICH IS DEROGATIVE TO THE EXECVTION OF RIGHT AND IVSTICE Wherefore they petitioned the King that he would be pleased to grant and command the Chancellor to deliver a writ of Scire facias to every of his Leiges who are outed of their benefices or possessions by the foresaid title of the King and that thenceforth the Chancellors shall be bound to deliver by authority of their Offices this Writ of Scire facias at the sute of the parties and further to doe right to the parties without suing to the King and without other warrant from him To which the King gives this answer The King wills that the said statute bee firmly held and kepe and farther willeth and granteth that if hee presents to any benefice which shall bee full of any Incumbext that the Presentee of the King shall not bee received by the Ordinary to such a benefice untill the King hath recovered his presentment by processe of Law in his owne Court and if any Presentee of the King bee otherwise received and the Incumbent outed without due Processe as aforesaid the said Incumbent may commence his sute within one yeare after the Induction of the Kings Presentee or later And further the King wills that no ratification granted for the Incumbent after that the King hath presented and taken his sute shall bee allowed pending the plea nor after the judgement given for the King but that such judgement shall bee fully executed as reason demands Lâ—e here the Commons and Parliament affirme and the King himselfe subscribes thereto That the King neither hath nor yet can have any Prerogative at all which is derogative or any impediment at all in the execution of Right and Justice and disclaime a negative voyce or power in him in granting a scire facias to particular Incumbents unduly outed of their Living by a pretended prerogative power against Reason and Law Therefore à fortiori the King by his prerogative neither hath nor can have any absolute Negative voice at all to hinder the passing of publike Bills presented to him by both Houses for the due execution of right and iustice and the weale peace or safety of the whole Kingdome That speech of King Zedâ—kiaâ— to his Princes though in a bad case is an undoubted verity here Behold he is in your hands FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOU and likewise of King David to his people 2 Sam. 18. 3. 4. WHAT SEEMETH TO YOU BEST I WILL DO In one word as it is no impotency in God but a part of his owne divine prerogative that he cannot possibly ly that he cannot deny himself that he is immutable and changeth not that he cannot do injustice And as it was the Apostles highest priviledge 2 â—or 13. 8. We can do nothing against the truth but for the truth So it is no note of impotency but of highest Soveraignty in our Kings that in all Bills of publike Right and Common Iustice they have no Negative voice or power at all to withstand or deny their passing for then they should have a prerogative to deny common Right and Iustice and so to doe publike injustice which God himselfe whose vicegerents they are is uncapable of and never derived to them I will close this reason with that memorable speech of that great heathen Emperour Iulius Caesar which he somtimes used at Rome in the Councell-house Touching all other affaires that are to be taken in hand for your sake I am both your Consul and your Dictator but as touching any wrong to be done to any man I am as a private man without office Eighthly Our Kings have ever claimed this as an absolute duty from their subjects in Parliament to grant them such speedy free and competent ayds subsidies customes for the necessary defence of themselves and the Kingdome and support of their royall estates as the urgency of their publike warres and affaires required and the subjects though they have sometimes denied subsidies to their Princes upon reasonable causes and excuses alleadged by them expressed in our Historians yet have always held it their BOUNDEN DUTY to grant such ayds in Parliament when and sometimes before they have been required and have really done it without refusall when they saw just cause to grant them as all the old and new Acts for the grant of Customes Subsidies Dismes Quindismes Tonnage and Poundage Polemoney with other such aides in all our Kings-Reignes abundantly evidence Therefore the King who is as much obliged by oath and duty to aid his subjects and provide for their common protection weale peace ease as they are to provide for His and the Kingdomes safety is by like reason as much obliged in duty not to deny them such publike Acts as they are not to deny him such publike aides Ninthly Kingdomes and Commonweales were existent before Kings for there must be
a Kingdome and society of men to governe as Aristotle Cicero Polibius Augustine Fortescue and all other Polititians accord before there could be a King elected by them for to governe them And those Kingdomes and societies of men had for the most part some common lawes of their owne free choice by which they were governed before they had Kings which lawes they swore their Kings to observe before they would crowne or admit them to the government and likewise gave them a further oath to passe and confirme all such subsequent lawes as they should make choice of for their publike benefit and protection as is evident by the Coronation oaths of all our own yea of most other Christian and some Pagan Kings continuing to this very day and these words in the Kings oath QUAS VULGUS ELEGERIT which intimates the choice of Lawes to be wholly and fully in the peoples free elections prove beyond Contradiction Yea those ancient law-givers Solon 〈◊〉 Liâ—â—rguâ— Numa with others who tooke paines to compile Lawes for severall Kingdomes and Republikes did only recommend them to the people whose voluntary aâ—â—ent unto them made them binding Which lawes they either altered or repealed as they saw cause Besides during Interrognums in sorraigne elective Kingdomes the Estates in Parliament have power to make new binding Lawes repeale and alter old as they did in Aragon after Sanchius his decease before they elected a new King whom they swore to observe the Lawes then made before they would admit him without any Kings assent at all who yet give their royall assent to Lawes made in their reignes And in our owne and other successive Kingdomes during the Kings infancy dotage absence the Kingdomes and Parliaments have an absolute power as I have already manifested to create Regents or Lord-Protectorsâ— to execute royall authority and give royall assents to publike acts in the Kings name and steads without their actuall personall assents which lawes being necessary for the Subject shall be as firme and obligatory to King and Kingdome as those to which they actually assent Yea if Kings chance to die without any heire the Kingdome in such a case may assemble of themselves and make binding necessary lawes without a King and alter the very frame of government by publike consent Therefore the royall assent to just necessary publike Bills is in truth but a formall Ceremony or complement much like a Kings Coronation without which he may be and is a lawfull King bestowed by the people upon Kings for their greater honour with this limitation that they must not deny it when they of right require it to any just or necessary law not simply to make but declare confirm a law already made and passed by both houses much like a Tenants attornment to the grant of a Reversion And therefore Kings may neither in law nor conscience deny it when it is necessarily demanded to any just publike Bills unlesse they can shew good reason to the contrary so farre as to satisfie their people why such lawes should not passe Tenthly Our very lawes in many cases deny the King an absolute negative voice or power even in matters of Prerogative because they are contrary to his oath and mischeivous to the Republike This appeares most clearly in matters of Pardons the Statutes of 2 E. 3. c. 2. 14 E. 3. c. 15. 13 R. 2. c. 1. 16 R. 2. c. 6. enact That Charters of pardon shall not be granted for man slaughters Roberies Fellonies and other Trespasse but ONLY WHERE THE KING MAY DOE IT BY HIS OATH that is to say where a man slayeth another in his owne defence or by misadventure or in case where he may doe it KEEPING AND SAVING THE OATH OF HIS CROWNE Soe the King cannot pardon nor release the repairing of a Bridge or Highway or any such like publike charges or any publike Nusances or offences against paenall Lawes pro bono publico because it is contrary to the trust and confidence reposed in him for the publike good because the republike hath an interest herein and the pardoning of them would be mischeivous for the common good In like manner the King cannot deny delay nor deferre Iustice nor stay the Iudges from doing present right and justice to any of his Subjects by his Letters under his great or privy seale because it is contrary to his oath and duty Neither can he by his absolute Prerogative impose any the least â—axe or imposition on his subjects without their common consent in Parliament nor yet authorize any other to kill beat wound imprison any mans person or take away his goods without due processe of law Yea the very lawes and custome of the Realme deny the King any absolute negative voice even in the Parliament House in reversing erronious Iudgments Charters Patents declaring what is law in difficult cases or in proceedings and sentences against Delinquents or in any one particular whatsoever which concernes the administration of right or common Iustice. Therefore by the selfesame reason the very law denies him any such negative voice in refusing his royall assent to Bills of common right and Iustice And as both Houses doe alwayes over-rule the King not He both Houses in the one so by parity and congruity of reason they ought to oversway him in the other there being the same reason in both cases and the one no greater an â—ntrenchment upon his Prerogative than the other Eleventhly This is infallibly proved by the usuall forme of our Kings answers to such Bills as they assent not to Le Roy so it a visera The King will bee advised or take further consideration which is no absolute deniall but a craving of longer time to advise upon them and thereupon to assent to them if he can see no just cause to the contrary or else to give satisfactory reasons why he cannot assent Which answer were not proper nor formall had the King an absolute negative voyce to reiect Bills without rendering a sufficient satisfactory reason of his refusall of them Twelfthly publike Bills for the Subiects common good are formed for the most part by the Lords and Commons themselves who in truth as I have elsewhere proved are the chiefe Law-makers who as Aristotle defines know better what is good and necessary for their own benefit then the King their publike Minister for their good Itaque majorum rerum potestas jure populo tribuitur is Aristotles resolution Therefore in passing such Bills there is greater â—eason that both Houses should over-rule the King then the King them It is usuall in all inferior Counsells of State Law Waâ—ie of the Kings own choise for the Counsell to over-rule the King in matters of State Law Warre unlesse the king can give better reasons against than they doe for their conclusive advise and kings in such cases doe usually submit to their Counsells determinations without
these â—iberties and that which we have sworne ALL OF US ARE BOUND TO OBSERVE But where the Acts to which the assent is gained are unjust or illegall such to which the King was not bound by Oath or duty to consent but meerely out of necessity to avoid imminent danger of death or other mischiefe and where the whole Parliament was enforced as well as the King there the acts may be avoided by Duresse as is evident by the Statutes of 11. and 21. of R. 2. c. 12. by the Statute of 31 H. 6. c. 1 which makes voyd all the Petitions granted by this King in a former Parliament the 29. of his Reigne and all indictments made by Duresse through the Rebellion Tyranny and Menaces of Iack Cade and his rebellious rout of Traytors and by 39. H. 6. c. 1. 15. E. 3. stat 2. and 17. E. 4. c. 7. Yet these enforced unjust Bills being publike Acts done in a legall forme are not meerly void but good in Law till they be repealed and nullified by a subsequent Parliament as is evident by the next forecited Statutes even as a Marriage Bond or deed made by Duresse or Menace are good in Law and not meerly void but voidable only upon a Plea and Tryall And if subsequent Parliaments refuse to repeal these forced Laws and to declare the Royall assent thereto by coertion void or illegall the King cannot avoid them by Duresse because his Royall assent is a judiciall Act in open Parliament which his oath and duty obliged him to give and the Lawes are rather the Parliaments Act which was not forced then his owne but they remaine in full vigour as if he had freely assented to them which is most evident by the Statutes made in 10. and 11. R. 2. which though extorted from the King by Duresse against the will and liberty of the King and right of his Crowne as is pretended and declared in the Statute of 21. R. 2. c. 12. yet they continued in full strength for ten yeares space or more during which time there were no lesse then 8. Parliaments held under this King because these Parliaments refused to reverse them upon this pretext of Duresse and the Parliament of 1 H. 4 c 2 3 4. received and confirmed them From all which premises I humbly conceive I may infallibly conclude That the King in passing the fore-mentioned kinde of Bills of Common Right and Iustice for the Kingdomes and the Subjects weale and safety hath no absolute negative voyee but must and ought of common right and Iustice by vertue of his Royalloath and duty to give his ready and free assent unto them without any tergiversatiâ—n And so the Parliament in their Declarations to this purpose hath no wayes invaded nor injured his Majesties just Prerogative royall in this particular Nor yet those members in it eclipsed his royall grace who have upon occasion given affirmed the Petition of Right the Bills for Trieniall Parliaments which before by Law were to be annuall at least the continuance of this Parliament without adjournment for the Kingdomes necessary preservation the acts against Shipmoney Forest-Bounds c. illegall new invented grievances and oppressions not heard of in former Kings Reigns and the Statutes for the suppression of the Star-Chamber High Commission Knighthood and Bishops votes lately growen intollerable grivances and mischeifes to the Realme Especially since his Majesties Reigne to bee no acts of most transcendent Grace such as never any Prince before vouchsafed to his people as they are daily cried up in Presse and Pulpet but Bills of meere Common Right and Iustice which the King by his Royall Office Oath Duty in Law and Conscience ought to assent unto and could not without apparent injustice deny to passe when both Houses urged him thereunto the rather because the unhappy fractions of all Parliaments and Grievances of these Natures under his Majesties own Reign and Government occasioned by his evill Councellers were the sole grounds and just occasions of enacting these necessary Laws for the Subjects future security if the sword now drawen to suppresse the Parliament and cut these Gordians or rather Cobwebs as Diogenes once termed Laws a sunder deprive them not of their benefit before they scarce enjoy it I should now here proceed to manifest the Parliaments taking up of defensive Armes against his Majesties Malignant Army of professed Papists Delinquents and pillaging murthering Cavaleers whose grand designe is onely to set up Popery and an absolute tyrannical Government over our consciences bodies estates in defense of their own persons priviledges the Subjects Laws Liberties Properties and our Protestant established Religion devoted by Papists to eternall ruine as we have cause to feare to be just lawfull and no treason nor rebellion at all against the King neither in point of Law nor conscience And that the Parliaments assessing of men towards the maintenance of this necessary defensive warre by an Ordinance of both Houses onely without the Kings assent now wilfully absent from and in armes against his Parliament and People with their distraining and imprisoning of such as refuse to pay it and their confinement and securing of dangerous Malignants to be justifiable by Law and ancient presidents with other particulars not yet so fully discussed by any as is desired But this part being already growne somewhat large and having lingred much longer at the Presse then I expected I have thought it more convenient to reserve the remainder for a future Treatise by it selfe then to hinder the state of the present benefit which it may receive by this through Gods blessing ere the other can â—ee compleated which I hope will fully un-blindfold the hood-winkt world and either satisfie the consciences or stop the mouthes of all who are not wilfully malicious against the Truth and Parliaments proceedings and the Soveraigne Power of Parliaments and Kingdoms over their Kings themselves which I shall more copiously manifest in the Appendix FINIS partis secunda THE THIRD PART OF THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Parliaments present Necessary Defensive Warre against the Kings offensive Malignant Popish forces and Subjects taking up Defensive Armes against their Soveraignes and their Armies in some Cases is copiously manifested to be Iust Lawfull both in point of Law and Conscience and neither Treason nor Rebellion in either by inpregnable Reasons and Authorities of all kindes Together With a Satisfactory Answer to all Objections from Law Scripture Fathers Reason hitherto alledged by Dr. Ferne or any other late opposite Pamphleters whose grosse Mistakes in true Stating of the present Controversie in sundry points of Divinity Antiquity History with their absurd irrationall Logicke and Theologie are here more fully discovered refuted than hitherto they have been by any Besides other particulars of great concernment By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne 2 Sam. 10. 12. Be of good courage and let us play the men for our People and for the City of
Religion established among us by law against which they and all others who are not wilfully blinded visibly discerne a most apparant desperate conspiracie which though not cleerely perceived but onely justly suspected at first doth now appeare all circumstances and agents considered to be the very Embrio and primitive cause of this deplorable warre agâ—inst which the Parliament and subjects are now more necessitated and engaged to defend themselves then ever seeing they have by all possible meanes endeavored to prevent this warre at first and since to accommodate it though in vaine upon just reasonable and honorable safe termes for King and Kingdome The sole Question then in this case thus truely stated will be Whether his Majestie having contrary to his Oath Duty the fundamentall Laws of God and the Realme raised an Armie of Malignants Papists Forraigners against his Parliament Kingdome People to make an Offensive warre upon them to murther rob spoyle deprive them of their peace liberties properties estates to impose unlawfull taxes by force upon them protect Delinquents and evill Councellors against the Parliaments Iustice and violently to undermine our established Protestant Religion the Common-wealth of England legally assembled in Parliament and all Subjects in such cases by Command and direction from both Houses of Parliament may not lawfully and justly without any Treason or Rebellion in point of Law and Conscience take up defensive Armes to preserve the Priviledges of Parliament their Lawes lives liberties estates properties Religion to bring Delinquents and ill Councellours to condigne punishment and rescue his seduced Majestie out of their hands and power though he be personally present with them to assist and countenance them in this unnaturall destructive warre And under correction notwithstanding any thing I ever yet heard or read to the contrary I conceive affirmatively that they may justly do it both in point of Law and Conscience I shall begin with Law because in this unhappie controversie it must direct the conscience First I have already proved in Judgement of Law the Parliament and Kingdome assembled in it to be the Soveraigne power and of greater authority then the King who is but their publike Minister in point of civill Iustice and Generall in matters of warre as the Roman Kings and Emperours were and other forraigne Kings of old and at this day are The Parliament then being the highest power and having principall right and authority to denounce conclude and proclaime warre as I have manifested in the debate of the Militia may not onely lawfully resist but oppugne suppresse all Forces raised against it and the Kingdomes peace or welfare Secondly the principall end of the Kingdomes originall erecting Parliaments and investing them with supreame power at first was to defend not onely with good Lawes and Councell but when absolute necessitie requires as now it doth with open force of Armes the Subjects Liberties Persons Estates Religion Lawes Lives Rights from the encroachments and violence of their Kings and to keepe Kings within due bounds of Law and Iustice the end of instituting the Senate and Ephori among the Lacaedemonians the Senate and Dictators among the Romans the Fâ—rum Suprarbiense and Iustitia Aragoniae among the Aragonians of Parliaments Dietts and Assemblies of the estates in other forraigne Kingdomes and in Scotland as I shall prove at large in its proper place This is cleare by the proceedings of all our Parliaments in former ages Especially in King Iohns Henry the third Edward the 1. 2. 3. and Richard the seconds Raignes by the latter Parliaments in King Iames his raigne yea of 3. Caroli the last dissolved Parliament and this now sitting whose principall care and imployment hath beene to vindicate the Subjects Liberties properties lawes and Religion from all illegall encroachments on them by the Crown and its ill Instruments by the forecited resolutions of Bracton Fleta the Myrror of Iustices Vowell Holinshed the Councell of Basill and others that the Parliament ought to restraine and bridle the king when he casts off the bridle of the Law and invades the Subjects Liberties especially with open force of Armes in an Hostile manner and by the constant practise of our Ancestors and the Barons Warres in maintenance of Magna Charta with other good Lawes and Priviledges confirmed by Parliament If then the Parliament be intrusted by the Kingdome with this Superlative power thus to protect the Subjects Liberties properties Lawes persons Religion c. against the kings invasions on them by policie or violence they should both betray their trust yea the whole kingdome too if they should not with open Force of Armes when Policy Councell and Petitions will not doe it defend their owne and the Subjects Liberties persons priviledges c. against his Majesties offensive Armies which invade them intending to make the whole kingdome a present booty to their insaciable rapine and a future vassall to his Majesties absolute arbitrary power by way of conquest I reade in Bodin that the Roman Senate being no way able to restraine Caesar tooke their refuge to that ancient Decree of the Senate which was commonly made but in dangerous times of the Common-weale Videant Consules caeteri Magistratus ne quid detrimenti câ—piat Respublica Let the Consulls and other Majestrates foresee that the Common-weale take no harme With which decree of the Senate the Consulls being armed sodainely raised their power commanding Pompey to take up Armes and raise an Army against Caesar to oppose his violent proceedings by force who after his conquest of Pompey refusing to rise up to the Consulls Pretors and whole Senate out of his pride through his ill Councellors advise and talking with them as if they had beene but private men he so farre offended both the Senate and people that to free the Republicke from his Tyranny and preserve their hereditary Liberties they conspired his death and soone after murthered him in the Senate-house where they gave him no lesse than 23. wounds And Hieronimus Blanca assures us that the Suprariense Forum Iustitia Aragoniae or States of Aragâ—n erected to withstand the tyrannie and encroachments of their kings may by the Laws of their Realme assemble together and RESIST THEIR KING WITH FORCE OF ARMES as oft as there shall bee neede to repulse his or his Officers violence against the Lawes For when they erected this Court they said It would be little worth to have good Lawes enacted and a middle Court of Iustice betweene the King and people appointed if it might not be lawfull to take up Armes for their Defence when it was needfull being agreeable to the very Law of nature and reason Because then it will not be sufficient to fight with Counsell For if this were not so and the State and Subjects in such cases might not lawfully take up armes all things had long ere this been in the power of Kings Therefore no doubt our Parliament and State as well as others may by
or of any other beasts taking or carriage of goods harnesse armour cattle and other movable goods breaking of houses or of other possessions or goods assault battery robberies thefts comming or tarrying with force and armes or armed in the Kings presence at the Parliament or Councell or else where Raysing of people or exciting the people to rise forcibly against the peace by letters commissions or any other deeds or of any other thing that may be surmised by them or any of them or ought or purposed to have beene done from the beginning of the world touching any of the said matters before the end of this present Parliament by any imagination interpretation or other colour but shall bee quit and discharged for ever except that the King be answered of all the goods and cattels that were to them which be attainted in this present Parliament or to any of them and which goods and things were taken by any person the first day of Ianuary last past or after hitherto We considering the matter of the said Petition to be true and the request of the said Commons in this party to be to the honour of God and the profit of us and our Realme of the assent of the Prelates Dukes Earles Barrors and all others of this present Parliament doe garnt the requests of the said Commons in all points after the forme of the said Petition And moreover of the assent aforesayd we will and grant for the greater quietnesse of our said Realme though that the said Duke or Earles appellants or any other of their company retinue force ayde councell or adherents or any of them have taken led away or withholden any of our Iusticers or any other of our ministers in disturbance of execution of the Law of our Realme of England or in other manner or that they have taken any manner of person as Traitors to Us or to our Realme or other person and the same have voluntarily suffered to goe at large or escape beyond the sea from the 14 th day of Novemb. last past till the end of this present Parliament that they nor any of them be for this cause impeached molested nor grieved any manner of way at the suite of us our heires nor none other party but thereof they shall be quit and discharged for ever nor that they nor any of them be in any wise molested grieved nor impeached at the suite of us our heires or other party for any thing done at any time for to a taine to their purpose against the said appealers or any of them or against any other person for this cause nor for any other thing or deed to affirme the same purposes till the end of this present Parliament but thereof shall be acquitted This Act with others made the same Parliament continued inviolable without dispute for 10. yeers space during w ch there were 8. more Parliaments held w ch approved in but it 21 R. 2. the King having violently seised upon the Duke of Glocester the Earles of Warwicke and Arundell and packed a Parliament to his minde by not summoning any Lords thereto but those of his party by causing divers Knights and Burgesses of his own nomination never chosen by the people to be returned in divers places and overawing the rest with a guard or 4000. Cheshire Archers caused these Lords to be illegally attainted of Treason upon fained pretences out of this old grudge and the Acts of this Parliament to be reversed yet not this Act as I conceive which is part of it being specially saved by 21. R. 2. c. 13. But however by the statute of 1 H. 4. c. 3. 4. the Parliament of 21. was wholly repealed reversed revoked voyded undone and anulled for ever with all the Acts circumstances and dependants thereof and this Parliament of 11. R. 2. Enacted to be firmely holden and kept after the purport and effect of the same as a thing made for the great Honour and common profit of the Realme and ch 5. It is ordained and assented that the Lords and other which were forejudged in the Parliament holden the said 21. yeare or by Authority of the same which now be in life and the heires of the Lords and others that be dead shall be wholly restitute and restored to their names all manner of inheritaments and possessions reversions fees reversions offices liberties and franchises as intirely as the said Lords and others which be in life or the Lords and other which be dead ancestors of the heires or the feoffâ—es of the said Lords or other aforesaid or other feoffees to their use were at the time of the judgement given against them the said 21 yeare by entrie without other suite thereof to be made or livery to be had of the same And all the goods and chattels which were the said Lords or the other persons aforesaid so forejudged whereof the king is not answered and be in the hands of the Sheriffes Escheators or other Officers Ministers or any other and concealed by them the king wills and granteth that the same Lords and other which now be in life and the Executors and administrators of them that be dead shall have thereof delivery and restitution and that the Sheriffes Escheators Officers and Ministers so occupying the said goods and chattels by such concealment bee punished for the same concealement So that by the expresse resolution of these two severall Parliaments these Lords and Commons taking up defensive Armes and making war against those wicked Councellours of this King which sought their ruine and endeavoured the destruction of the Realme though they had the kings presence and commissions to countenance all their actions and proceedings of this nature and the Lords wanted the Ordinances of both houses to authorize this their arming and war was solemnely declared and adjudged to be no Treason nor Rebellion at all nor levying of warre against the king within the statute of 25. E. 3. but contrarywise a thing done to the honour of God the Salvation of the King for if the Kingdome perish or miscarry the king as king must needs perish with it the maintenance of his Crowne supported onely by the maintenance of the kingdomes welfare and the Salvation and common profit of all the Realm and this being one of the first solemne judgements if not the very first given in Parliament after the making of the statute of 25 E. 3. which hath relation to its clause of levying war must certainely be the best exposition of that Law which the Paâ—liament onely ought to interpret as is evident by the statute of 21. R. 2 c. 3. It is ordained and stablished that every man which c. or he thâ— raiseth the people and riseth against the King to make warre within his Realme and of hâ—t be duly attainted and judged in the Parliament shall be judged as a Traytor of High Treason against the Crowne and other forecited Acts and if this were no Treason nor
these Lords and their companions thus taking up Armes from any the least guilt of Treason and rebellion against the King because they did it onely for the advancement of the publike weale the setting the Realme in a better condition the removing ill Counsellors and publike oppressors of the Realme from about the King and to rescue his person out of their hands then questionlesse by their resolutions our present Parliaments taking up defensive armes upon the selfe-same grounds and other important causes and that by consent of both Houses which they wanted can be reputed no high Treason nor Rebellion against the King in point of Law and no just no rationall Iudge or Lawyer can justly averre the contrary against so many forecited resolutions in Parliament even in printed Acts. The Earle of Richmund afterward King Henry the seventh taking up armes against Richard the third a lawfull King de facto being crowned by Parliament but an Vsurper and bloody Tyrant in Verity to recover his Inheritance and Title to the Crowne and ease the Kingdome of this unnaturall blood-thirsty Oppressor before his fight at Boswell Field used this Oration to his Souldiers pertinent to our purpose If ever God gave victory to men fighting in a just quarrell or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive Countrey or if he ever succoured them which adventured their lives for the reliefe of Innocents suppression of malefactors and apparent Offenders No doubt my Fellowes and Friends but he of his bountifull goodnesse will this day send us triumphant victory and a lucky revenge over our proud Enemies and arrogant adversaries for if you remember and consider the very cause of our just quarrel you shall apparently perceive the same to be true godly and vertuous In the which I doubt not but God will rather ayde us yea and fight for us then see us vanquished and profligate by such as neither feare him nor his Lawes nor yet regard Iustice and honesty Our cause is so just that no enterprise can be of more vertue both by the Laws Divine and Civill c. If this cause be not just and this quarrell godly let God the giver of victory judge and determine c. Let us therefore fight like invincible Gyants and set on our enemies like untimorous Tygers and banish all feare like ramping Lyons March forth like strong and robustious Champions and begin the battaile like hardy Conquerors the Battell is at hand and the Victory approacheth and if wee shamefully recule or cowardly fly we and all our sequele be destroyed and dishonoured for ever This is the day of gaine and this is the time of losse get this dayes victory and be Conquerours and lose this dayes battell and bee villaines And therefore in the name of God and Saint George let every man couragiously advance his standard They did so flew the Tyrannicall Vsurper wonne the Field And in the first Parliament of his Raigne there was this Act of indemnity passed That all and singular persons comming with him from beyond the Seas into the Realâ—e of England taking his party and quarrell in recovering his just Title and Right to the Realme of England shall be utterly discharged quit and unpunishable for ever by way of action or otherwise of or for any murther slaying of men or of taking and disporting of goods or any other trespasses done by them or any of them to any person or persons of this his Realme against his most Royall Person his Banner displayed in the said field and in the day of the said field c. Which battell though it were just and no Treason nor Rebellion in point of Law in those that assiâ—ted King Henry the 7 th against this Vsurper yet because the killing of men and seising their goods in the time of Warre is against the very fundamâ—ntall Lawes of the Realme they needed an Act of Parliament to discharge them from suits and prosecutions at the Law for the same the true reason of all the forecited Acts of this nature which make no mention of pardoning any Rebellions or Treasons against the King for they deemed their forementioned taking up of Armes no such offences but onely discharge the Subjects from all suites actions and prosecutions at Law for any killing or slaying of men batteries imprisonments robberies and trespasses in seising of Persons Goods Chartels What our Princes and State have thought of the lawfulâ—esse of necessary Defensive Warres of Subjects against their oppressing Kings and Princes appeares by those aides and succours which our Kings in former ages have sent to the French Flemmings Almaines and others when their Kings and Princes have injuriously made Warres upon them and more especially by the publike ayde and assistance which our Queene Elizabeth and King Iames by the publike advise and consent of the Realme gave to the Protestants in France Germany Bohemia and the Netherlands against the King of France the Emperour and King of Spaine who oppressed and made Warre upon them to deprive them of their just Liberties and Religion of which more hereafter Certainely had their Defensive Warres against their Soveraigne Princes to preserve their Religion Liberties Priviledges beene deemed Treason Rebellion in point of Law Queene Elizabeth King Iames and our English State would never have so much dishonoured themselves nor given so ill an example to the world to Patronize Rebells or Traitours or enter into any solemne Leagues and Covenants with them as then they did which have been frequently renued and continued to this present And to descend to our present times our King Charles himself hath not onely in shew at least openly aided the French Protestants at Ree and Rochel against their King who warred on them the Germane Princes against the Emperour the Hollanders and Prince of Oâ—aâ—ge to whose Sonne hee hath married his elstest Daughter against the Spaniard and entred into a solemne League with them which hee could not have done in point of Law Iustice Honour Conscience had they beene Rebells or Traytors for standing on their guards and making defensive Warres onely for their owne and their Religions preservation but likewise by two severall publike Acts of Parliament the one in England the other in Scotland declaring the Scots late â—aking up Armes against him and his evill Counsellors in defence of their Religion Lawâ—s Priviledges to be no Treason nor Rebellion and them to bee his true and loyall Subjects notwithstanding all aspertions cast upon them by the Prelaticall and Popish Party because they had no ill or disloyall intention at all against his Majesties Person Crowne and Dignity but onely a care of their owne preservation and the redresse of thâ—se Enormities Pressures grievances in Church and State which threatnâ—d desolation unto both If then their seizing of the Kings Fortes Ammunition Revenues and raising an Army for the foresaid ends hath by his Majesty himselfe and his two Parliaments
force of Armes resist the Kings or any other lawfull Magistrates just commands warranted either by Gods Word or the Lawes of England it being out of controversie readily subscribed by all of both sides that Such commands ought not so much as to be disobeyed much lesse forcibly resisted but cheerefully submitted to and readily executed for Conscience sake Rom. 13. 1. to 6. 1 Pet. 2. 13 14. Tit. 3. 1. Hebr. 13. 17. Iosh. 1. 16 17 18. Ezra 7. 26. Eccles. 8 2 3 4 5. the onely thing these objected Scriptures prove which come not neere the thing in question though our Opposites most rely upon them Secondly Neither is this any branch of the dispute Whether Subjects may lawfully rise up or rebell against their Prince by way of Muteny Faction or Sedition without any just or lawfull publicke ground or for every trifling injury or provocation offered them by their Prince Or whether private men for personall wrongs especially where their lives chastities livelihoods are not immediatly endangered by actuall violent unjust assaults may in point of Conscience lawfully resist or rise up against their Kings or any other lawfull Magistrates Since all disavow such tumultuous Insurrections and Rebellions in such cases yet this is all which the oft objected Examples of Korah Dathan and Abiram with other Scriptures of this Nature doe or can evince Thirdly nor is this any parcell of the Conâ—roversie Whether Subjects may lay violent hands upon the persons of their Princes wittingly or willingly to deprive them of their Lives or Liberties â—specially for private Injuries or in cold blood when they doe not actually nor personally assault their lives or chastities or for any publike misdemeanours without a precedent sentence of Imprisonment or death against them given judicially by the whole States or Realmes where they have such Authority to araigne and judge them For allunanimously disclaime yea abominate such Traitorous practises and Iesuiticall Positions as execrable and unchristian yet this is all which the example of Davids not offering violence to King Saul the 1 Sam. 24. 3. to 22. cap. 26. 2. to 25. 2 Sam. 1. 2. to 17. or that perverted Text of Psal. 105. 15. the best Artillery in our Adversaries Magazines truely prove Fourthly Neither is this the thing in difference as most mistake it Whether the Parliament may lawfully raise an Army to goe immediately and directly against the very person of the King to apprehend or offer violence to him much lesse intentionally to destroy him or to resist his owne personall attempts against them even to the hazard of his life For the Parliament and their Army too have in sundry Remâ—nstrances Declarations Protestations and Petitions renounced any such disloyall intention or designe at all for which there is no colour to charge them and were his Majestie now alone or attended onely with his Ordinary Courtly Guard there needed no Army nor Forces to resist his personall assaults Yet this is made the principall matter in question by Doctor Ferne by An appeale to thy Conscience and other Anti-parliamentary Pamphlets who mâ—ke this the sole Theame of their Discourses That Subjects may not take up Armes Against their Lawfull Soveraigne because he is wicked and unjust no though he be an Idolater and Oppressor That Supâ—ose the King will not discharge his trust but is bent or seduced to subvert Religion Lawes Liberties yet Subjects may not take up Armes and resist the King it being unwarrantable and according to the Apostle damnable Rom. 13. Yea this is all the questions the Câ—â—valleers and Malignants demand of their Opposites in this cause What will you take up Armes will you fight against or resist the King c. Never stating the question of his Forces his Army of Papists Malignants Delinquents but onely of the King himselfe abstracted from his invading depopulating Forces against whom in this sence of theirs the Parliament never yet raised any Forces nor made the least resistance hitherto These foure particulars then being not in question I shall here appeale to the most Malignant Conscience Whâ—ther Doctor Ferne and all other our Opposites pretenders of Conscience haue not ignorantly if not maliciously made ship wracke of their good Consciences had they ever any by a wilfull mistating of the Controversie concerning the present Defensive Warre in the foure preceding particulars which they make the onely Questions when not so much as one of them comes within the Verge of that which is the reall Controversie and never once naming that in all or any of their Writings which is the point indeed Secondly Whether there bee any one Text or Reason in all their Pamphlets particularly applied to any thing which concernes the present Warre but onely to these foure particulars which are not in debate And if so as no Conscience can gaine-say it then there is nought in all the wast Papers they have published which may either resolve or scruple any Conscience That the Parliaments Defensive Armes and resistance are unlawfull in point of Divinity or Conscience which is steered by the Scriptures Compasse But if these particulars be not in question you may now demand what the knot and true state of the present Controversie in point of Conscience is In few words take it thus Whâ—ther both Houses of Parliament and the Subjects by their Authorâ—ty for the preservation of their owne Persons Priviledges Lawes Lives Liberties Estates Religion the apprehension of Voted contumatious Traitors and Delinquents the resâ—uing his seduced Majestie out of the power of Popish pernicious Counsellours and Forces who endâ—avour the Kingdomes subversion by withdrawing him from and incensing him against his Parliament may not lawfully with a good Conscience take up necessary defensivs Armes and make actuall Warlike resistance against his Mâ—jâ—stiâ—s Maligna it ill Counsellors and invading Popish Forces who now Murther Rob Spoile Sacke Depopuâ—ate the Kingdome in a most Hostile manner to set up Tyranny Popery and an Arbitrary lawlesse Government in case they come armed with his personall presence or commission to â—xecute these their wicked illegall designes Especially when neither the Parliament nor their forces in this their resistance have the least thought at all to offer any violence to the Kings owne person or to oppose his Legall iust Soveraigne Authority Or shorter Whether the Kings Captaines anâ— Souldierâ—s invading the Parliamâ—nt and Subiects as aforesaid the Parliament or Subiects especially when authorized by an Ordinance of both Houses may not with a safe Conscience forcibly resist these Malignants though armed witâ— the Kings illegall Commissions without his personall presence or with his presence and Commissions too And for my part I thinke it most evident that they may lawfully resist repulse them even by Divine Authority For the better clearing whereof I shall premise these three undeniable Conclusions First That no lawfull King or Monarch whatsoever much lesse the Kings of England who are no absolute Princes have any the least Authority from the
but the quite contrary Should Tyrants enjoyne men as some have done to offer sacrifice to Idols to renounce Christianity abjure Iesus Christ and yeeld up their chastity to their unruly lusts Gods Law and conscience in such cases enjoynes them of necessity to disobey and resist those commands even for conscience sake as every man endued with conscience must acknowledge Therefore this Text extends not to resistance of such exorbitant powers in such lawlesse cases Eighthly the Apostle thus proceeds Vers. 6. For this cause also pay you tribute for they are Gods Ministers attending continually upon this very thing What doe men pay any Tribute to Princes or Magistrates for this cause that they may subvert Religion Lawes Liberties that they may plunder murther warre upon and expose them to the rapine of their ungodly Malignant Cavaliers Or are Magistrates Gods Ministers attending continually upon this very thing to ruine Parliaments Church State people would any men thinke you give Tyrants wages for such a service to cut their throats to devoure and undoe them in soule body estate Or do not they pay tribute to and Magistrates attend continually upon quite contrary imployments If so as none can contradict then the resistance here is onely intended of lawfull Magistrates who continually attend upon their charge to protect the good and punish Malefactors not of Tyrants who doe quite contrary and therefore are to be resisted Ninthly he infers from the premises Vers. 7. Render therefore to every man his due tribute to whom tribute custome to whom custome feare to whom feare honour to whom honour By what Law of God are obedience feare and honour due to Tyrants in their ungodly exorbitant unjust commands to subvert Religion Lawes Liberties Certainly the Apostle hath no where in this Text nor God himselfe in any other Scripture expressed such obedience resistance feare or honour to be due unto them and Elisha his speech to King Iehoram 2 King 3. 13. 14 compared with Ezek. 21. 25. Iob 12. 19. 21. Ch. 34. 19. Nehem. 4. 7. to 20. Ch. 13. 17. Isa. 1. 23. Ch. 41. 25. Lam. 1. 6. Ch. 5. 2 proves directly that they are not their due Therefore this Text extends not to them but onely to lawfull Magistrates Lastly he concludes hence Vers. 8. Owe no man any thing but to love one another for be that loveth another hath fulfilled the Law Now no such Love is owing to Tyrants who subvert Religion Lawes Liberties but we are to hate them with a perfect hatrâ—d as enemies both to God and man borne for the publike prejudice Psal. 139. 21. 22. Psal. 109. 1. to 21. 28 29. but onely just and upright Magistrates Therefore this Text is intended onely of them By all these premises it is undeniable that the resistance here prohibited is onely of lawfull Magistrates in the due execution of their Offices according to the Lawes of God and the Realmes they live in not of tyrannicall oppressing Princes Rulers or their instruments forcibly indeavouring to ruine Religion Lawes Liberties Parliaments Kingdomes which fully refutes the Doctors fourth Observation of which more anon I now proceed to some farther disquisitions for the finall clearing of this Text and herein I shall examine First what is meant by higher powers whether Kings or the Roman Emperor onely as our objectors pretend or all civill Magistrates whatsoever as well as Kings Secondly whether the Roman Emperour in Pauls time were the highest Soveraign power in that State or the Senate Thirdly whether Tyrants and unjust oppressing Magistrates as they are such be within the intendment of this Text and not to be resisted in any case Fourthly whether Kings and kingdomes be Gods Ordinance or an institution jure divino or a humane ordinance jure humano and how farre divine or humane Fiftly what resistance of the higher powers is here prohibited For the first of these By the higher Powers it is cleare that Kings and Emperours onely are not meant as our opposites dreame but all kinde of civill Rulers and temporall Magistrates whatsoever from the King himselfe to the Constable and Tithingman As is apparent first by the word higher Powers used indefinitely in the plurall number without mentioning any speciall kind of power Secondly by those words There is NO POWER but of God the powers THAT ARE that is all lawfull powers whatsoever now in being are ordained of God which universall Negative and Affirmative must necessarily include all lawfull civill powers Thirdly by the following words For Rulers c. that is all Rulers in the plurall number a Title common to all inferiour Officers witnesse Exod. 18. 21. 22. 25 26. See 1 Chron. 12. 14. And Moses chose able men out of all Israel and made them HEADS over the people RVLERS of thousands Rulers of hundreds Rulers of fifties and Rulers of tennes such as our Tithingmen are and they judged the people at all seasons So that the Tithingman is a Ruler a higher power within this Text. Fourthly the word Ministers For they are Gods Ministers c. in the plurall too extending generally to all officers Fiftly by v. 6 7 8. Render therefore to ALL their dues that is to all Magistrates whatsoever as these ensuing words evidence tribute to whom tribuâ—e is due custome to whom custome feare to whom feare honour to whom honour Owe nothing to ANY MAN c. that is to ANY Magistrate or Ruler of what kind soever Sixtly by parallel Texts extending as well to inferiour lawfull Magistrates and Officers as to Kings as â— Tim. 2. 1. I exhort therefore that first of all supplications prayers c. be made for all men for Kings and ALL THAT BE IN AVTHORITIE c. Titus 3. 1. Put them in minde to be subject to principalities and powers to obey Magistrates all in the plurall 1 Pet. 2. 13. 14. Submit your selves to EVERY ORDINANCE of man for the Lords sake whether it be to the King as supreame or unto GOVERNORS in the plurall as unto those that are sent by him for the punishment of evill doers and the prayse of them that doe well Compared with Iosh. 1. 16. 17. 18. Ezra 7. 25 26. Ephes. 6. 1. 5. Col. 3. 18. 20. 23. 1 Tim. 6. 1. Heb. 13. 17. Exod. 22. 28. Chap. 18. 21 22. 25 26. 2 Kings 11. 4. Seventhly by all Expositors generally on this Text ancient moderne Protestants Papists who grant that this Text extends to all civill Magistrates as well inferiour and subordinate as superiour and many sticke not to straine it even to Ecclesiasticall ones So Origen Ambrose Hierome Remigius Theodulus Chrysostome Theodoret Primasius Haymo Rabanus Maurus Theophylact Oâ—cumenius Haymo Aquinas Anselm Iyra Bruno Gorran Hugo de Sancto Victore Tostatus Luther Calvin Erasmus Melanchthon Gualther Musculus Bucer Hemingius Ferus Fayus Soto Alexander Alesius Peter Martyr Pareus Beza Piscator Zuinglius Tollet Willet Wilson Nacclantus Snecanus Vignerius Wenerichius Winckelman Estius Faber Cornelius a Lapide Salmeron Catharinus
to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled shâ—uld lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the Country of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwickâ— Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about iâ— The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumber land and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten Bâ—rges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if
in regulating the Kings own meniall servants in some cases when they either corrupt or mis-counsell him And thus much touching the unhappy differences between the King and Parliament concerning matters of his own royall Prerogative The Parliaments Right and Iurisdiction to impose Taxes and Contributions on the Subjects for the necessary defence of the Realm Laws Liberties without the King in case of the Kings wilfull absence from and taking up Arms against the Parliament and Kingdom briefly vindicated from the calumnies against it THe severall grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crowne being fully examined and refuted in the Premises so far I hope as to satisfie all ingenuous men in point of Divinity Policy Law Reason Conscience I shall next proceed to the remaining materiall Accusations which concerne the Subjects onely in regard of Property and Liberty wherein I will contract my Discourse into a narrow compasse partly because the debate of the fore-going Differences between the Kings Prerogative and the Parliaments Soveraigne Jurisdiction hath in some sort over-ruled the Controversies betwixt the Subjects and both Houses representing them partly because these accusations are not so universally insisted on as the former which concerne the King the justnesse of them being generally acknowledged willingly submitted to by most except such who calumniate and traduce them either out of covetousnesse onely to â—ave their Purâ—es or from a groundlesse Malignity against the Parliament or out of a consciousnesse of their owne Delinquencies subjecting them to the Parliaments impartiall Justice or out of some particular interests which concern them in their gains honours preferments or such who by their restraints for not paying Parliamentary Assessements hope to save their purses for the present or to gaine favour and preferment by it for the future If these private sinister ends were once laid by this second sort of accusations would speedily vanish especially with men of publike spirits who prefer the Common-weale before their owne particular interests The first of these Cavillatory Objections against the Parliaments proceedings is That both Houses without the Kings Royall Assent have contrary to Magna Charta the Petition of Right the Statutes De Tallagio non concedendo and other Acts by their Ordinances onely imposed late Taxes on the Subjects amounting to the twentieth part of their estates and since that monethly or weekly Assessements to maintaine a war against the King a grand incroachment on the peoples Properties contrary to all Law and Iustice. This Objection seems very plausible and cordiall to covetous Earth-worms being politikely contrived to Court the close-handed niggardly party by those who are guiltiest in themselves of that they thus object against others But it will easily receive an answer as to the Parliament and recoyle with infinite disadvantage on those that make it First 〈◊〉 anâ—wer That the Parliament is the absolute Soveraigne power within the Realme not subject to or obâ—iged by the letter or intendment of any Laws being in truth the sole Law-maker and having an absolute Soveraignty over the Laws themselves yea over Magna Charta and all other objected Acts to repeale alter determine and suspend them when there is cause as is undeniable by its altering the very common Law in many cases by repealing changing many old Statute Lawes and enacting new ones every Sessions as there is occasion for the publike safety and defence This the practice of all Parliaments in all ages yea the constant course of all Parliaments and Assemblies of the Estates in all forraigne Kingdoms too abundantly manifests The Parliament therefore never intended by all or any of these objected Acts to binde its owne hands but onely the Kings and his Ministers with inferiour Courts of Justice neither is the Parliament within the letter words or meaning of them therefore not obliged by them 2. The King with his Officers Judges and inferiour Courts of Justice only are included and the Parliament is directly excluded out of the very letter and meaning of all these Acts as is apparent First in generall from the occasion of enacting all these Laws which was not any complaints made to the King of any illegall taxes imprisonments or proceedings of our Parliaments to the oppression of the people but onely the great complaints of the people and Parliament against the illegall taxes impositions imprisonments and oppressions of the Subject by the King his Officers Judges and inferiour Courts of Justice as all our Hâ—stories with the Prefaces and words of the Acts themselves attest to redresse which grievances alone thâ—sâ— Lawes were made by the Parliaments and peoples earnest solicitations much against the Kings good will The Parliament then who would never solicit them king of a Law against or to restrain it selfe being cleare out of the orignall ground and mischiefe of enacting these Lawes and the King with his Ministers and inferiou◠〈◊〉 is only within them they can no way extend to the Parliament but to them alone 3. The Parliament 〈◊〉 the making of these Acts hath alwayes constantly enjoyed an absolute right and power without the least dispute of granâ—ing and imposing on the Subjâ—cts whatsoever Taxes Subsidies Aids Confiscations of Goods or restraint of Liberty by temporall or perpetuall imprisonment it thought meet and necessary for the publike defence safety and tranquility of the Realm as the severall Tâ—xes Subsidies and Poll-monies granted by them in all ages the many Statutes enjoyning confiscation of Lands Goods corporall punishments banishments temporary or perpetuall imprisonments for divers things not punishable nor criminall by the Common Law or when Magna Charta and the ancient Statutes in pursuance of it were first enacted abundantly evidence past all contradiction none of all which the King himselfe his Officers Judges or inferiour Courts of Justice can doe being restrained by the objected Acts. Therefore it is altogether irrefragable that the Parliament and Houses are neither within the words or intentions of these Acts nor any wayes limited or restraiâ—ed by them but left as free in these particulars in order to the publike good and safety as if those Acts had never beene made though the King with all other Courts Officers Subjects remaine obliged by them 4. This is evident by examination of the particular Statutes objected The first and principall of all the rest is Magna Charta cap. 29. But the very words of this Law Not We shall not passe upon him nor condemne him but by the lawfull judgement of his Peeres or by the Law of the Land We shall deny nor deferre to no man either Justice or Right compared with the Preface to and first Chapter of it Henry c. know ye that We c. out of meere and free will have given and granted to all Archbishops Bishops Eâ—rles Barons and to all free men of this our Realm of England and by this our present
Promises Articles Agreements which they never faithfully observe to any in the least degree and all this to ruine the Kingdom People Parliament and Religion yet they justifie these their actions and the Parliament People must not controule nor deem them Traytors to their Country for it And may not the Parliament then more justly impose a moderate in-destructive necessary taxe without the King for the Kingdoms Religions and Peoples defence and preservations against their barbarous Taxes Plunderings and Devastations then the King or his Commanders Souldiers play such Rex and use such barbarous oppressions without yea against the Parliaments Votes and consents Let them therefore first cease their own most detestable unnaturall inhumane practises and extortions of this nature and condemn themselves or else for ever clear the Parliament from this unjust Aspersion The last Objection against the Parliament is That they have Illegally imprisoned restrained plundered some Malignants and removed them from their habitations against Magna Charta the Fundamentall Laws forenamed and the Liberty of the Subject contrary to all Presidents in former Ages To which I answer First That the Objectors and Kings party are farre more guilty of this crime then the Parliament or their Partisans and therefore have no reason to object it unlesse themselves were more innocent then they are Secondly For the Parliaments imprisoning of men pretended to be against Magna Charta I answer first That the Parliament is not with in that or any other Law against imprisonments as I have formerly cleered Therefore is not obliged by it nor can offend against it Secondly That it hath power to imprison restrain the greatest Members of their own Houses though priviledged men exmept from all other arrests and publike persons representing those that sent them thither Therefore much more may they imprison or restrain any other private persons notwithstanding Magna Charta And the Parliament being the supreamest Iudicaturo paramount all other Courts their commitments can not be Legally questioned determined nor their prisoners released by Habeas Corpus in or by any other inferior Court or Judicature whatsoever 3. The Parliament hath power to make new Laws for the temporall and perpetuall imprisonment of men in mischievous cases where they could not be imprisoned by the Common Law or any other Act before or since Magna Charta and so against the seeming letter of that Law w ch extends not to the Parliament and what persons they may restrain imprison by a new enacted Law though not restrainable before by a Magna Charta or the Common Law without breach of either they may whiles they sit in case of publike danger restrain imprison by their own Authoritie without or before a new Law enacted In how many new Cases by new Statutes made since Magna Charta the Subjects may be lawfully imprisoned both by Judges Justices Majors Constable and Inferiour Courts or Officers whereas they could not be imprisoned by them by the Common Law before these Acts without breach of Magna Charta and violating the Subjects Liberties you may read in the Table of Rastals Abridgements of Statutes and in Ashes Tables Title Imprisonment and False-Imprisonment Yea by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Mary cap. 3. 5. and 6. cap. 1. Eliz. cap. 2. with others Acts perpetuall imprisonment during life is inflicted in some cases for which no imprisonment at all could be prescribed before these Acts and for crimes for which the parties were not formerly punishable yet for the publike weale peace safety and prevention of private mischiefs even against the Letter as it were of the great Charter the Parliament hath quite taken away all liberty the benefit of the Common Law and of Magna Charta it self from parties convicted of such offences during their naturall lives and if they bring an Habeas Corpus in such cases pretending their perpetuall imprisonment and these latter Laws to be against Magna Charta they shall notwithstanding be remanded and remain prisoners all their dayes because the Parliament is above all Laws Statutes yea Magna Charta and may deprive any Delinquents of the benefit of them yea alter or repeal them for the common good so farre as they see just cause Though neither the King nor his Counsell nor Iudges nor any Inferiour Officers or Courts of Iustice have any such transcendent power but the Parliament alone to which all men are parties really present and allowing all they do and what all assent to decree for the common good and safetie must be submitted to by all particular persons though never so mischievous to them this being a Fundamentall Rule even in Law it self That the Law will rather suffer a private mischief then a generall inconvenience Seeing then the Parliament to prevent publike uproars sedition treachery in or against the Kingdom Cities Houses or Counties where factious persons live hath thought meet to restrain the most seditious Malignants especially these about London and Westminster where they sit and to commit them to safe custody till they receive some good assurance of their peaceable behaviour they must patiently suffer their private restraints for the common safety tranquility till the danger be past or themselves reformed who if they reform not their own malignity not the Parliaments cautelous severity themselves must be blamed since they detain themselves prisoners only by not conforming when as the Parliament desires rather to release then restrain them if they would be regular and so they must blame themselves alone not clamour against the Houses All Leprous persons by the Leviticall and Common Law were to be sequestred and shut up from others least they should infect them and so all persons visited with the Plague by late Statute Laws may be shut up without breach of Magna Charta Why then not Malignant seditious ill affected persons who infect others in these times of Commotion and Civill Warres as well as Leapers and Plague sick persons removed into Pest-houses for fear of spreading the Infection upon the self-same grounds by the Houses Authority The Parliament by an Ordinance Act or Sentence hath Power to banish men out of the Kingdom in some cases which no other Court nor the King himself can lawfully dâ— as was expresly resolved in Parliament upon the making of the Sâ—atute of 35. Eliz. cap. 1. as is evident by the case of Thomas of Weyland An. 9. E. 1 Of Peirce Gavâ—ston and the two Spencers in King Edward the second his raign Of the Lord Maltravers in Edward the third his raign Of Belknap and divers over Iudges in the 10 and 11 yâ—ers of Richard 2. his reign by the Statutes of 33. El. c. 1. Separatists and of 39. El. c. 5. Rogues are to be banished and in Calice heretofoâ—â— a woman might be justly banished the Town for adultery and a scould
CEASE TO DESTROY THEIR PONDS PARKES AND ORCHARDS Whereupon all the Lords Knights and People deserting the King who had scarce seven Knights iâ— all left with him confederated themselves to the Barons in the Common Cause wherein to be a Neuter was to be an enemy and no member of the politicke body in which all were equally engaged Whereupon the King thus deserted by all condescended speedily to their demands and confirmed the great Charter much against his will A very apt President for these times which would make the people more unanimous faithfull and couragious for the Common Cause if but imitated in the commination onely though never put into actuall execution he being unworthy once to enjoy any priviledge of a free-born Subject in the Kingdom who will not joyn with the Parliament and Kingdom to defend his Libertie and the Kingdoms priviledges in which he hath as great a common share as those who stand pay and fight most for them It is a good Cause of disfranchising any man out of any Citie Corporation or Company and to deprive him of the Priviledges of them if he refuse to contribute towards the common support defence or maintenance of them or joyn in open hostilitie contributions or suites against them There is the same and greater reason of the generall Citie and Corporation of the whole Realm to which we are all most engaged and therefore those who refuse to contribute towards the defence and preservation of it if able or by their persons purses intelligence or counsell give any assistance to the common enemy against it deserve to be disfranchised out of it to have no priviledge or protection by it and to be proceeded against as utter enemies to it Christs rule being here most true He that is not with me is against me and he that gathereth not with me scatterâ—th abroad The Common-wealth of which we are members hath by way of originall contract for mutuall assistance and defence seconded by the late Protestation and Covenant a greater interest in our Persons and Estates then we our selves or the King and if we refuse to ayd the republike of which we are members in times of common danger with our Persons Abilities Goods or assist the common enemy with either of them we thereby betray our trust and fidelitie violate our Covenants to the Republike and expose our bodies to restraint our estates to confiscation for this most unnaturall treachery and sordid nigguardlinesse as well as for Treason Fellony or other more petty injuries against the State or humane societie made capitall by the Laws most justly for the publike service of the State which hath a generall Soveraign Interest in them in all times of need paramount our private Rights which must alwayes submit to the publike and lose all our formerly enjoyed Priviledges either of Laws Liberties or free-born Subjects if we refuse to defend or endeavour to betray them as the Laws and common practise of all Nations evidence In the Barons warres against King Iohn Henry the third and Edward the second in defence of their Liberties and Laws they seised upon the Castles Forts and Revenues of the Crown and upon the Moneyes and Goods of the Priors aliens and malignant Poictovines which they imployed in the Kingdoms service Eodem tempore Castellanus de Dovera Richardus de Gray vir fidelis strenuus qui ex parte Baronum ibidem constituebatur omnes transeuntes transituros diligenter considerabat cuncta prudenter perscrutando invenit NON MODICUM THESAURUM paratum dictis Pictaviensibus clanculo deferendum qui TOTUS CAPTUS EST IN CASTRO RESERUANDUS Similiter Londini apud novum Templum THE SAURUS MAXIMUS de cujus quantitate audientes mirabantur quem reposuerunt Pictavienses memorati licet contradicentes reniterenter Hospitelarii CAPTUS cst AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS writes Rishanger the continuer of Matthew Paris a good President for the present times After which the Barons banished all the Poictovine Malignants who miscounselled and adhered to the King out of England Anno 1260 who Anno 1261. were all banished out of London and other Cities and Forts An. 1234. The Earl Marshall having routed John of Monmouth his forces which assisted King Henry the third against the Barons in Wales he wasted all the said Johns Villages and Edifices and all things that were his with sword and fire and so of a rich man made him poor and indigent In the very Christmas holy-dayes there was a grievous warre kindled against the King and his evill Counsellors For Richard Suard conjoyning other Exiles to him entred the Lands of Richard Earl of Cornwall the Kings brother lying not farre from Behull and burned them together with the Houses and the Cornâ— the Oxen in the Ox-stalls the Horses in the stables the Sheep in the Sheep-cots they likewise burned Segrave the native soly of Stephen Iusticiar of England with very sumptuous Houses Oxen and Corne and likewise brought away many horses of great price returning thence with spoils and other things They likewise burned down a certain village of the Bishop of Winchesters not farre from thence and took away the spoils with other things there found But the foresaid Warriers had constituted this laudable generall rule among themselves that they would do no harme to any one nor hurt any one BUT THE WICKED COUNSELLERS OF THE KING by whom they were banished and those things that were theirs they burnt with fire extirpating their Woods Orchards and such like by the very Roots This they did then de facto de Jure I dare not approve it though in Cases of Attaint and Felony the very Common Law to terrifie others gives sentence against perjured Juries Traytors and Felons in some Cases that their houses shall be raced to the ground their Woods Parkes Orchards Ponds cut down and destroyed their Meadowes and Pastures plowed up and defaced though not so great Enemiâ—s to the State as evill Counsellors Anno 1264. the forty eight yeers of Henry the third his raign The King keeping his Christmas with the Queen Richard King of Romans and many others at London Simon Montford the Captain of the Barons at the same time preyed upon the Goods of these who adheared to the King and especially those of the Queens retinue brought by her into England whom they called Aliens Among others some of the Barons forces took Peter a Burgundian Bishop of Hereford in his Cathedrall Church and led him prisoner to the Castle of Ordeley and divided his treasure between themselves and took divers others of the Kings partie prisoners Who thereupon fearing least he should be besieged in the Tower by the Barons army by the mediation of timorous men be made peace with the Barons for a time promising inviolably to observe the Provisions of Oxford that all the Kings Castles thoroughout England should be
ruine the Parliament Kingdom Religion and re-establish Popery in its universall extent with the large of progresse the Papists have lately made in Ireland Scotland and England to accomplish this their long-agitated Conspiracie and the late strange proceedings in Ireland where the best Protestants are displaced disgraced restrained the Popish Rebels advanced and a truce negotiated if not fully concluded with the Rebels to the end that all their forces may be speedily transported hither to ruine our Religion and cut all our throats enough to awake the most stupid English spirits and rouze them up to a speedy unanimous resolution to unite all their purses and forces to the Parliament against the Popish Conspirators and these bloody Butchers now ready to devoure us and then I doubt not if they have any true love to God Religion King Countrey themselves or their Posterities they will soon change their former opinions and practises against the Parliaments just proceedings and joyn hearts hands forces yea their uttermost endeavours with them to prevent and ward off that imminent destruction which now hangs over our heads and will in short time wholly ruine us if God open not our eyes and unite not all our hearts and mindes unto the Parliament with one unanimous resolution to oppose these cursed Confederates who have plotted occasioned all these warres and miseries under which our Kingdomes now groan and languish which long plotted Treacherie in humane probabilitie can no wayes be prevented nor a settled peace and Reformation established but with the totall suppression of the Popish partie now in Arms and by rescuing His Majesties person Children forces out of their Trayterly hands and power whose death they have conspired long agoe if he refuse to grant them an universall open toleration of their Antichristian Religion in all His Kingdoms and then to seise upon the Prince and train him up in their Religion which how easie it is for them to effect now they have the King Prince Duke the Kings Forts his Forces in their power yea potent Armies of their own in the field here and such a force of Irish Rebels now ready to be shipped over to Chester Milford and Bristoll for their assistance and enforâ—ement to over-power the Protestant party in the Kings Armies no understanding man can withouâ— fear and trembling coâ—sider O then if ever we will shew our selves faithfull valiant couragious magnanimous bountifull really cordiall and loyall to our King Kingdoms Countrey Parliament Religion Laws Lives Liberties Kinred Families Posterities Let all who professe themselves Protestants lay aside all causelesse jealousies and prejudices against the Parliament or any others and now speedily unite all their Prayers Hearts Hands Purses Forces Counsells and utmost endeavours together to defend secure them all against these forraign and domestice Jesuiticall Romish Confederates and if any prove traiterous fearfull cowardly unfaithfull base or faint-hearted in this publike Cause as too many who deserve to be made spectacles of treachery and cowardise to posteritie and cannot without injustice or dishonour to the Parliament and Kingdom be suffered to scape scot-free without severe exemplary punishment have done to their eternall infamy and betraying of their Countrey the present generations shall abhorre them posteritie curse and declaim against them as most unnaturall Monsters unworthy to breath in English ayre or enjoy the name the priviledges of English men or Protestants There is a double kinde of Treachery in Souldiers both of them adjudged Capitall The first proceeds from a sordid pusillanimous fear unworthy the spirit of a Souldier and this is Capitall both by the Civil and Common Law By the Civill Law The Souldiers who first begin to flye or but fain themselves sick for fear of the Enemy are to be adjudged to death for tâ—is their cowardize Yea Lacaena and Dametria two magnanimous Women slew their timorous sonnes who fled basely from the battle with their own bands disclaiming them as degenerous Brats and not their sonnes the latter of them inscribing this Epitaph on her sonnes Tombe Hunc timidum Mater Dametriam ipsa peremit Nec dignum Matre nec Lacedaemonium Indeed Charondas and the Thurians enacted That cowards who basely fled or refused to bear Arms for their Countries defence should set three dayes one after another in the open Market-place clad in Womans apparell a punâ—shment farre worse then death it self writes Diodorus Siculus where as all other Lawyers made it Capitall yea our Common Law adjudgeth it Treason Witnesse the notable Cases of Gâ—mines and Weston 1. R. 2. num 38 39. who were adjudged Traytors in Parliament for surrendering two Castles in France onely out of fear when they were strongly besieged and battered sooner then they needed without any compliency with the enemy The Case of Iohn Walsh Esquire accused of high Treason in Parliament against the King and Kingdom for yeelding up the Castle of Cherburg in France to the enemy when as be might have defended it And the Case of Henry Earl of Essex in the second yeer of Henry the second accused of high Treason by Robert de Monfort and vanquished by him in a Duell waged thereupon for throwing down the Kings Standard which he bare by inheritance and flying in passing a straight among the Mountains when fiercely encountred by the Welsh For which though his life was pardoned yet he was adjudged to be shorne a Monke put into the Abbey of Reading and had his Lands seised into the Kings hands And as for treacherous revolting to or delivering up Castles to the Enemy it is Capitall and high Treason by all Laws and so the resolved in Parliament 3. R. 2. in the Case of Thomas Ketrinton Esquire accused of high Treâson by Sir John Annâ—sley Knight for delivering up the Castle of Saint Saviour in the Isle of Constantine to the French for a great summe of Money when as he neither wanted provisions nor means to defend it As for those unnaturall Vipers and Traytors who shall henceforth after this discovery joyn with the Popish Conspirators to ruine their Religion Countrey and the Parliament for private ends as Count Iulian the Spaniard joyned with the Mores An. Dom. 713. whom he brought into Spain his native Countrey furiously pursuing his own private injury with the Ruine of the publike I shall onely bestow his Epitaph upon them with which I shall conclude this Treatise Maledictus furor impius Iuliani quia pertinax indignatio quia dura vesanus furià ammimosus furore oblitus fidelitatis immemor religionis contemptor divinitatis crudelis in se homicida in vicinos reus in omnes Memoria ejus in omni ore amarescit nomen â—jus in â—â—ternum puâ—râ—scet FINIS AN APPENDIX Manifesting by sundry Histories and Authors that in the ancient Roman Kingdome and Empire in the Greek and German Empires derived out of it in the old Graecian Indian Aegytian Realmes in the Kingdomes of France Spaine Italy Hungary Bohemia
grievously discontented removed divers from their offices and put many of the richest and head men of the citie to death upon surmised causes without proofs of justice For which causes and many other oppressions the Lords againe assembled their people intending to subdue the king and to set his brother in his place or to cause him otherwise to rule the Commonwealth To which end all the Lords met at a Towne called Stampes where they continued their Councell fifteene dayes and then marched to Paris sending four severall letters unto the citie one to the Bishops and spirituall men the second to the Consulls and headmen the third to the Vniversitie the fourth to the Commonnalty signifying That neither they nor any of their company were come thither as enemies to the Citie or to warre against it or the Commonwealth of the Land but for the increase and augmentation thereof to the uttermost of their powers VVhereupon these foure parties sent certaine Orators for them to the Lords who after long communication with them had returned to the citie with this report First the Lords would that the inhabitants of the City should consider the conditions of the King which yearly oppressed his Subjects with taxes and other grievous servages Secondly how he despised the noble bloud of his Realme and drew to him villaines and men of no reputation by whose counsell onely all the Common-weale of the Land was guided and ruled Thirdly how hee ruled his Subjects by force and will without administration of justice and himself in all Counsels and Parliaments is Iudge of all causes and calleth himselfe Counsels and Parliaments more for this singular weale then for the Common-weale of his Realme Fourthly how he enhaunsed men of low birth to great honours and caused Noblemen to be obedient unto them intending to bring the said ignoble men to be equall with the Princes of the Land Fifthly how the Lawes be delayed and bolstered by such as stand in his favour wherethrough at this day Law is will and will is Law and no man almost in any surety of life or goods insomuch that daily many have been banished and put to death for unlawfull causes and also to any Noble-man at this day no power or roome of honour belongeth so that to the wild Beasts in the Forrests appertaineth more Liberty and surety then to the more party of the Kings subjects Sixthly The great taxes and summes of money which daily be levied of the Commons be not spent in the Kings honourable needs and for the Commonweale of the Realme but are spent vainly and riotously and bribed out of the Kings Coffers for which enormities and misgovernance with many other the said Lords were come thither in defensible wayes for the safeguard of their owne persons as to the head and principall City of the Realme for to have aide and Counsell to reforme the foresaid evills not intending any harme to the Kings person or yet to remove him from his regality or Kingly Majestie but to induce and advertize him to that which should be for his honour and the weale of his Realme and to live in wealth and honour as his Noble Progenitors lived before him For which causes and considerations the said Lords as the Kings true Subjects and friends to the Commonwealth of the Land and of that City desired to enter there to refresh them and their people and to pay truly for all things they should take without doing harme or violence to any person All which requests and matters of the Lords shewed to the Inhabitants of the City by fauour of some friends they there had it was with the more partie well accepted and thought convenient they should be received into the Citie but by meanes of the Earle of Davoise it was respited till they had further knowledge of the Kings pleasure who comming out of Normandie into Paris after diuers Skirmishes the King and Lords fell to a Treaty of peace whereupon Commissioners on both sides assembled and communed together by sundry times two dayes In which season new strength of Souldiers came to the King out of Normandâ— The Treatie hanging long and a longer Truce being proclaimed the souldiers fell to robbing and other unlawfull acts and at last through obstinacy on both parties all offers were refused and the day of the Truces expiration approached without hope of accord whereupon provisions for warre were made on both sides Then begun gâ—udges and murmures betweene the kings souldiers and the citizens of Paris and shortly after newes came to the king that the Castle and Citie of Roan was yeelded up to the Duke of Burbon VVhereupon the King considering what great advantage the Lords had of him both by strength and favour of the Commons which daily drew unto them by sundry companies in avoiding of more danger concluded a peace which being proclaimed thorowout all France the King and Lords met to whom the King shewed great semblance of kindenesse specially to his brother Charles Duke of Normandy wherein appeared great dissimulation Lewes being of such conditions That what he might not overcome with strength he would win with dissimulation and treachery Not long after the King warred upon Charles his brother the Duke of Burgundy and Brittaine and a Treaty of peace being propounded betweene them Charles answered That if a perfect concord should be established between the King and him it should be authorized by the whole consent and counsell of the Barons of the Realme VVith which the King being content at Turon in the moneth of April aâ—d tenth yeare of his reigne assembled a counsell of his Lords spiâ—tuall and temporall in the which the demands of Charles and offers of the king were shewed And after the said Counceâ—l had at length reasoned the said demands and offers it was finally determined That the Dutchy of Normâ—ndy was so appropriated unto the King of France and to his heires that in â—o wise it might be dissevered from the Crowne but that a perfect unitie might be had betweene the King and his brother the King should be instanced to give yearly to his brother in recompence of the said Dutchy 12000 pounds of Turon money with certain land to be assigned with the name of a Duke and 40000 annâ—all rent of like money during his naturall life for such portion as he claimed to be his right within the Realme To all which the king agreed and to pardon the Duke of offences against his Majestie and all such Lordships as he had wonne from him in Britaine to restore which offers Charles refusing was the yeare following contented with the Dutchy of Guyan onely and so the warre of Normandy ceased After Lewes his death most of his speciall and dearest beloved Servants and ill Councellours whom he specially recommended to his sonne Charles the ninth on his death-bed came to disgracefull ends Oliver Damman was beheaded for Treason and Iohn Doyacon for trespasse and hatred unto the common people by his desert was
that would change the Government of the Estate as if the King were not capable of the Government Pleasant people which reject so much the word of lawfull tutelage and yet usurped it against the Lawes and Orders of the Realme holding it onely by tyranny After this they cast many slanders on the Protestants put Anne du Burge and other Councellours of Parliament to death pistoll Anthony Minard president of the Parliament publish sundry Edicts against those of the reformed Religion promise great recompences to those that discover their assemblies fill their prisons with them imploy ayre fire and water to ruine them and kept the king from hearing his Subjects complaints The princes were kept backe the greatest of the Realme out of credit threatned and secretly pursued to death the convocation of the Estates refused the parliaments corrupted the Judges for the most part at the Guisians devotion and the publike treasure offices and benefices given to whom they pleased This their violent government against the lawes and orders of the Realme purchased them wonderfull hatred and caused many which could no longer endure these oppressions to consult VPON SOME IVST DEFENCE to the end they might preserve the just and ancient Government of the Realme They demand advice TOVCHING LAW AND CONSCIENCE OF MANY LEARNED LAWYERS AND DIVINES who resolved THAT THEY MIGHT LAWFVLLY OPPOSE THEMSELVES against the government which the house of Guise had usurped AND AT NEED TAKE ARMES TO REPVLSE THEIR VIOLECE so as the Princes who in the case are born Magistrates or some one of them would undertake it being required by the Estates of the Realme or by the sounder part of them They who first thought of this Act of consequence had severall considerations Some moved with a true zeale to serve God the King and Realme thought they could not doe a greater worke of pietie then to abolish Tyrannie rescue the State and to finde some meanes to ease them of the Religion There were others desirous of change and some were thrust on with hatred for the wrongs which the house of Guisâ— had done them their kinsmen and friends yet all had one designe to suppresse this unlawfull government In these consultations it was held necessary to seize on the Duke of Guise and the Cardinall his brother being advowed by one chiefe member of the State and then to require an assembly of the Three Estates to the end they might yeeld an account of their Government provide for the King and Realm After which they make the Prince of Conde acquainted with this their designe engage him in this quarrel which being discovered produced a long bloody civill war against the Protestants under this and the two succeeding Kings in which warre those that died departed this world with this singular content to have couragiously sacrificed their lives for their countries libertie So the generally History of France in which and in Richard Dinothus you may read at large both the History and the lawfulnesse of this defensive warre overtedious to transcribe Francis dying the Crowne descended to Charles the ninth being but eleven yeares of age and a Parliament of the Estates being assembled on the three and twentieth days of December 1560. The Queene Mother was thereby allowed and confirmed Regent during the Kings minority In severall Parliaments contradictory Acts are made some restraining others granting the free exercise of the Reformed Religion thorowout the Realme The Guisian Popish faction being the strongest party most powerfull at Court and intimatest with the King notwithstanding all Acts for the Protestants immunitie and libertie of conscience impose divers illegall restraints upon them commit many outrages and massacres on them for which they could have no redresse whereupon for their own defence and preservation after many fruitlesse Petitions delusory promises they take up Arms whereupon many bloody civill wars ensue Many propositions and overtures of Peace were made by the Guisian royall party not one of them reall but all to get advantages and over-reach the Protestants against whom they had the most mischievous designes in agitation when they seemed most earnestly to desire Peace Four or five severall conclusions of Peace were solemnly made and ratified betweene them but no sooner made and proclaimed but presently violated of the King and Popish party by massacres and new treacherous Plots to extirpate the Protestant party so that every accommodation proved but a seminary of a new and more bloody warre almost to the utter ruine of France In the yeare 1592. when a publicke peace was made and all differences to outward appearance buried in eternall oblivion the King contrary to his faith and oath caused the Admirall of France the Protestants chiefe pillar as he departed from the Councell to dinner to be shot with a Harguebuze which carried away the forefinger of his right hand and wounded him in the left arme The king to colour this treachery sweares with an execration to the King of Navarre and others who complained of this outrage to take such exemplary punishment on the offendors as the Admirall and his friends should have cause to rest satisfied commands them to be pursued appoints three of the Parliament to make information against them protests after this again and again to be exceeding sorry that this act touched his honour that he will be revenged for it so as the memory thereof should remaine for ever writes to the governours of the Provinces chiefe Townes and Magistrates That he would take such order as the Authors of so wicked an act should be knowne and punished And to his Ambassdours to forraigne Princes That they should make it knowne to all the world that this outrage did displease him And for the Admirals safetie he commands the Captaines of his Guards to give him as many of his Guard as he pleased to suffer no Papist to enter his lodging and adviseth all the Gentlemen Protestants then in Paris to lodge about the Admirals lodging But all this Court Holy-water was onely to keep every Bird within his owne nest and a Pitfall to entrap the chiefe of the Protestants For the same day after dinner the King and Queene Mother the Duke of Guise and others take counsell to murther the Admirall and all the chiefe Protestants the night ensuing not onely in Paris but thorowout all France whiles they were sleeping in their beds Which most tyrannicall barbarous Tragedie was accordingly acted the Admirall slain in his lodging and his head cut off carryed to the King and Queen Mother who causing it to be embalmed sent it to the Pope and Cardinall of Lorrain for an assurance of the death of their most capitall enemy all the Protestants Noblemen and Gentlemen lodging in the Admiralls Qâ—arter undergoe the like Butchery the Streets of Paris are strewed with Carkases the pavements market places and river dyed with Protestant blood about ten thousand of them being thus treacherously massacred in their beds at such a season when
by all good Frenchmen assisted by all Princes and Estates which love the true Religion or the good of this State and in a word we shall be favoured of the blessings of God whereof we have hitherto had good experience in our Arms and which will be to the glory of his Name and the spirituall advancement of our Churches After which the Duke of Rhoan and Protestants in defence of their Religion and Liberties joyn with the Princes and Nobles At last both sides came to Articles of agreement made at Luudun Anno 1616. whereof these were a parcell That the grievances of the generall State should be speedily answered That Soveraign Courts should be preserved in their authority and the Remonstrances of the Parliament and Peers considered of That such as had been put from their Offiâ—es should be restored That all moneys they had taken out of the kings Revenues should be discharged All Edicts of pacification granted to them of the Reformed Religion observed The prince of Conde and all those of either Religion who had assisted him in this â—ar held for the Kings good and loyall subjects all illegall Imposts removed and all prisoners taken on either side set at liberty Anno 1617. the King and Queene Mother seizing upon the Prince of Conde his person and sending him to the Bastile upon false pretences of disloyaltie and treason caused new insurrections warres and tumults and the Princes hereupon meeting at Soyssons resolved to make open war to seize on the Kings Revenues and to fortifie those Towns and Castles which they held in their Government which they executed and withall set forth a Remonstrance of their grievances unto the king complaining especially against the Marshall of Ancre and his Wife with their adheronts who were the causes of all their miseries who having drawn unto himselfe the whole administration of the Realme made himselfe master of the Kings Councels Armies and Forts thereby supprest the lawfull libertie and Remonstrances of the Parliament caused the chief Officers to be imprisoned and was the cause of the violence done to the Prince of â—onde first Prince of the Blood To the end therefore that they might not be reproached to have been so little affected to his Majestie so ungratefull to their Countrey and so unfaithfull to themselves and their posterity as to hold their peace seeing the prodigious favour and power of this stranger they beseech his Majestie to provide by convenient means for the disorders of the Estate and to cause the Treaty of Loudun to be observed and to call unto his Councels the Princes of the Blood with other Princes Dukes Peers ancient Officers of the Crowne and Councellors of State whom the deceased King had imployed during his reigne Withall they publish a solemne Declaration and Protestation for the restoring of the Kings authority and preservation of the Realme against the conspiracie and tyrannie of the Marshall of Ancre and his adherents Who finding no safetie in the settling of jâ—stice resolved to make triall of his power by violating the publike faith thereby to plunge the Realme into new combustions conspiring to destroy the princes of the blood of Peers and chiefe Officers of the Crowne and to oppresse them altogether with the State who might be an obstacle to his ambitious designes To which end he raised false accusations against them as if they meant to attempt the Kings and Queen Mothers persons and caused the King to go in person to his Court of Parliament to publish a Declaration whereby they were declared guilty of Treason though at last being better informed he declared them to be his good Subjects and caused De Ancre to be suddenly slain in the Louure and his Wife to be legally condemned and executed Vpon which the new Councellors and Officers advanced by him were removed the old restored the Princes reconciled to the Kings and by him declared for his good and loyall subjects Vpon which followed a generall assembly of the Estates wherein divers grievances were propounded and â—ome redressed the King therein craving their advice for the setling and ordering of his Privie Councell Anno 1620. there happen differences between the King and Queen Mother who fortified Towns and raised an Army against the king at last they came to an agreement and were reconciled The two following years were spent in bloody civill warrâ—s betweene the King and those of the Religion who avowed their defensive warres lawfull which at last concluded in peace that lasted not long but brake out into new flames of war by reason of the great Cardinall Richelieu who of late years proved the greatest Tyrant and Oppressour that France ever bred reducing both Nobles Gentlemen and Peasants into absolute slavery and vassallage to make the King an absolute Monarch of France and himselfe both Pope and Monarch of the world But he lately dying by the of Divine Iustice of filthy Vlcers and Diseases and the King since being some say poysoned by the Ieâ—uiteâ— who murthered his two immediate Predecessors wise men conjecture the French will now at last revive and regain their ancient jâ—st hereditary freedom rights Liberties and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years and almost brought to utter desolation I have the longer insisted on these Histories of the Kings and Kingdom of France which clearly demonstrate the Realm Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort paramount their kings them selves who are no absolute Monarchs nor exempted from the Laws jurisdiction restraints censures of their Kingdom and Estates assembled as some falsly averre they are because our Royalists and Court Doctors pâ—rallell England with France making both of them absolute Monarchies and our greatest malignant Councellors chiefe Designe hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France which how pernicious they have proved to that unfortunate Realm what infinite diâ—tructive civill warres and combustions they have produced and to what unhappy tragicall deaths they have brought divers of their Kings Princes Nobles and thousands of their people the premisses other Storyes will so far discover as to cause all prudent Kings and Statesmen to â—â—eer the Helme of our own and other Kingdoms by a more safe steddy and fortunate compasse Thus I have done with France and shall recompence any prolixity in it with greater brevity in other Kingdoms when I have overpassed Spain From France I shall next â—â—eer my course tâ— the Kingdomes and Kings of Spaine whom Iacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado 1602. professedly undertakes to prove to be of greater digâ—ity and to have the Precedency of the Kings and Kingdoms of France which Cassaâ—aeus and all French Advocates peremptorily deny The first Kings of Spain over-run by the Goths and Wisigoths are those
the sinne was in this that they did by secession which was to be done in the Assembly and did a just and lawfull thing unjustly Frequent examples of this thing occurre in other Kingdomes he instanceth in Tarquin the proud expelled by Brutus and Lucretius who confiscated his goods and would have publikely sentenced himselfe had they apprehended his person because he consulted not with the Senate as former Kings usually did because he made warre peace and truces at his pleasure without the Senates and peoples advice violated the Lawes which he should observe and neglected the covenant established betweene the King and people in Nero the Emperour publikely sentenced by the Senate Vitellius Maximinus and the speech of Tâ—â—jan forecited Likewise the French by authority of a publike Councell through the care of the Kingdomes officers expelled Childericke the first Sigibert Theodoricke Childericke the third from the Crowne for their tyranny and set up others of another stocke in their places Yea for sloathfulnesse negligence madnesse as also for injuries to Forrainers and yeelding to the impotencie or lust of flatterers or women they have deposed some and as it were taken away the reines from Phaeton lest all men should be burnt with the same fire as Theodoricke for Ebroines sake Dagobert of Plectrude and Theobald his Mignions with others reputing it to be all one whether a woman or an effeminate Prince reigned or whether a tyrant or petite tyrants under a sloathfull Prince domineered or finally whether he himselfe were a Devill or possessed by the Devill himselfe Thus not long since they compelled Lewes the eleventh a most imperious Prince to receive 36. Governours by whose counsell he was bound to governe the Republike Yea what other right had either the Carlingi adopted into the Kingdome in place of the Meruingi or the Capeâ—s who at this day hold it preferred before the Carlingi by the Decree of a publike Councell but from the people represented as it were in an Epitome by the Councell of the Realme which they call an Assembly of the three Estates who might lawfully of right both depose those and by their owne authority establish these in the Throne In the same manner we read Adolphus deprived of the German Empire An. 1296. because corrupted with mony he had made war with France in favour of the English and Wenceslaus An. 1400. although these may be called not so well evill as lesse good Princes Thus in the Realme of England Edward the second for his tyranny to his Subjects especially the Nobles whom he destroyed without hearing their cause was at his Queenes request adjudged unworthy of his Crowne by the Parliament Not long since Christierne in Denmarke Ericus in Sweden Queene Mary very lately in Scotland were deprived which Histories worthy credit testfie hath beene frequently done in the Kingdome of Poland Hungary Spine Portugall Bohemia and the rest But what concerning the Pope himselfe The Cardinals they say because they have chosen him or if they doe not their duty the Patriarks who are Primates next after the Cardinals may against his will for certaine causes call a Councell and in it judge the Pope if he shall scandalize the Church by his notorious offences if he be incorrigible if reformation be necessary as well in the head as members if contrary to his Oath he will not assemble a Councell and the like and de facto we read that many Popes have beene deposed by authority of a Councell But if saith Baldus they be pertinaciously abused at first they must use words secondly herbes that is medicines lastly stones and where the truth of vertue sufficeth not there the defence of weapons ought to prevaile But and if by the suffrages almost of all learned men the Decrees of Councels and the Acts themselves done it be proved that a Councell as they speak may lawfully depose the Pope who yet boasts himselfe to be the King of Kings and claimes as much to be above the Emperour as the Sunne is above the Moone yea also arrogates to himselfe an authority of deposing Kings and Emperours at his pleasure who at last can doubt but that by the publike Councell of every Realme not onely a tyrant but a King pernicious to his Kingdome for his madnesse or folly may be deposed or removed Goe to now in this our politicke Ship the Master gluts himselfe with wine most of his assistants either asleepe or drunke with mutuall cups sportingly behold an imminent Rocke The Ship in the meane time either holds not that course which is expedient for the owner or seemes speedily to be wracked what thinkest thou is here to be done under the Master by one who is vigilant and sollicitous Shall he pull those by the eares who are asleepe or onely jogge them by the sides but in the meane time lest he should seeme to doe ought without their command shall he not afford his helpe and assistance to the indangered Ship Truly what madnesse or rather impiety will this be Seeing then as Plato saith tyranny is a certaine phrensie and drunkennesse the Prince may utterly subvert the Republike the most of the Nobles may collude connive or at least are fast asleepe the people who are Lords of the Republike by the fraud or negligence of these ministers which is their fault are reduced into greatest straights in the meane time there is one of the Nobles which considers the incroaching tyranny and detests it from his soule what thinkest thou is now to be done against him by this man Shall he onely admonish his Colleagues of their duty who themselves doe as much hurt as they may But besides as it is perillous to admonish and in that state of things it may be deemed a capitall crime shall he do like those who contemning other helps casting away their armes shall cite Lawes and make an Oration concerning justice among theeves in the midst of a wood but this truly is that w ch is coÌ„moly said to be madle with reason What then shall he grow deafe at the peoples groanes shall he be silent at the entrance of theeves or shall he finally grow lasie and put his hands into his bosome But if the Lawes appoint the punishment of a Traytor against one wearing buskins on his legs who counterfeits sicknesse for fear of the enemies with punishment at least shall we decree against him who either through malice or sloathfulnesse shall betray those whom he hath undertaken to protect But rather he shall command those things that are needfull to such as are wary by a Mariners shout he shall take care lest the Common-wealth receive any detriment and shall preserve the Kingdome even against the Kings will and resistance by which he himselfe becomes a King and shall cure the King himselfe as a frantick man by binding his hands and feet if he may not otherwise doe it For as we have said the universall government of the Realme is not committed by the people to the
some private Lords or Courtiers shall recommend in whom the Kingdome and Parliament in these jealous deceitfull times dare not confide The yeelding to the Parliament in this just request will remove all feares and jealousies restore our peace re-gaine his Majesty the reall affections of his discontented Subjects the persisting in the contrary course will but adde fuell to our flames feares doubts dangers and frustrate all hopes all endevours of Peace From the Militia it selfe I descend to the consequencies of its denyall the Parliaments seising upon Hull with other Ports and Forts the Royall Navy Ammunition Armes Revenues and detaining them still from his Majesty the grand difference now pretended whence the present warre hath emerged which these ensuing considerations will in a great measure qualifie if not altogether satisfie First his Majesty and all Royalists must necessarily yeeld that the Ports Forts Navy Ammunition Armes and Revenues thus seised on by the Parliament though his Majesties in point of possession yet are not his but the Kingdomes in point of right and interest they being first transferred to and placed on his Predecessors and himselfe by the Parliament and Kingdome not in right of propriety but conditionally upon trust his Majesty being but a publike Officer for the defence and safety of the Realme and though his Majesty came to them by descent yet it was but in nature of the Heire of a Feoffee in trust for the use and service of the kingdome as a King in his politicke not as a man or Proprietor in his naturall capacity as our Law Bookes Terminis terminantibus resolve Hence it hath been oft adjudged that the King can neither by his will in writing nor by his Letters Patents Devise or alien the Lands Revenues Jewels Ships Forts or Ammunition of the Crowne unlesse it be by vertue of some speciall Act of Parliament enabling him to doe it by the kingdomes generall consent and if any such alienations be made they are voyd in Law and may be yea have beene oft resumed reversed by the Parliament because they are not the Kings but kingdomes in point of intereâ—t and propriety the Kings but in possession and trust for the kingdomes use and defence Hence it is that if the King dye all his Ships Armes Ammunition Jewels Plate Debts to the Crowne Moneyes Arrerages of Rents or Subsidies Wards and Rights of presentments to voyd Churches goe onely to his Successors not to his Executors as in case of a common person because he enjoyes them not as a Proprietor as other Subjects doe but as a Trustee onely for the kingdomes benefit and defence as a Bishop Abbot Deane Mayor or such like Corporations enjoy their Lands not in their naturall but politicke capacities for the use and in the right of their Churches Houses Corporations not their owne Upon this ground King Harold pleaded his Oath and promise of the Crowne of England to William the Conquerour without the Kingdomes consent to be voyd and King Philip with all the Nobles of France and our owne Parliament 40 E. 3. rot Parâ— nu 8. unanimously resolved King Iohn his resignation and grant of the Crown and Kingdome of England to the Pope without the Nobles and Parliaments consents to be a meere nullity voyd in Law binding neither King nor Subject the Crowne and possessions of it being not the Kings but kingdomes And before this Anno Doâ— 1245. in the great Councell of Lyons under Pope Innocent to which King Henry the third sent foure Earles and Barons together with the English Prelates and one Master William Powyke an Advocate to complaine of the Popes exactions in the Councell which they did where they likewise openly protested against the annuall tribute extorted by the Pope by grant from King Iohn whose detestable Charter granting that annuall tribute was reported to be burnt to ashes in the Popes closet by a casuall fire during this Councell as a meere nullity and that in the behalfe of the whole kingdome of England EO QUOD DE REGNI ASSENSU NON PROCESSERAT because the kingdome consented not thereto and because the King himselfe could make no such Charter to charge the kingdome Which Matthew Paris thus expresseth W. De Poweric Anglicanae Vniversitatis Procurator assurgens gravamina Regni Angliae ex parte universitatis Angliae proponens satis eleganter conquestus est graviter quod tempore Belli per â—â—uriam Romanam extortum est tributum injuriose in quod nunquam patres Nobilium regni vel ipsi consenserunt nec consentiunt neque in futurum consentient unde sibi petunt justitiam exhiberi cum remedio Ad quod Papa nec oculos elevans nec vocem verbum non respondit Upon this reason l Matthew Paris speaking of King Henry the third his morgaging his kingdome to the Pope Anno 1251. for such monies as he should expend in the Warres useth this expression Rex secus quam deceret aut expediret Se suumque Regnum sub paena exhaeredationis QUOD TAMEN FACERE NEC POTUIT NEC DEBUIT Domino Papae obligavit Hence King Edward the third having the Title of the King and Crowne of France devolved to him which made some of the English feare that they should be put in subjection to the Realme of France against the Law the Parliament in the 14. yeare of his Reigne Stat. 4. passed a speciall Act declaring That the Realme of England never was nor ought to be in subjection nor in the obeysance of the Kings of France nor of the Realme of France and enacting that the King of England or his Heires by colour of his or their Titles to the Crowne Seale Armes and Title of the King of France should not in any time to come put the Realme of England or people of the same of what estate or condition soever they be in subjection or obeysance of him nor his Heires nor his Successors as Kings of France nor be subject nor obedient but shall be free and quite of all manner subjection and obeysance as they were wont to be in the time of his Progenitors Kings of England for ever By the Statute of 10 R. 2. c. 1. it is resolved That the King could not alien the Land Castles Ships Revenues Jewels and Goods of the Crowne and a Commission is thereby granted to inquire of and resume all such alienations as illegal Hence the Commons in the Parliament of 16 R. 2. c. 5. of Praemunire in their Petition to the King and the whole Parliament in and by that Law declared That the Crowne and kingdome of England hath been so free at all times that it hath beene in subjection to no Realme but immediately subject to God and to none other which by the prosecution of suites in the Court of Rome for Benefices provided against by this Act should in all things touching the Regality thereof be submitted to the Bishop of Rome and the Laws
stretch out an helping hand to an afflicted people and a prostrated Commonweale But thou must do it in such sort that thou mayest not looke after thine owne profit but the good of humane society altogether For since Justice wholly lookes abroad injustice onely regards it selfe thou shalt at last doe this justly if thou shalt have no regard of thine owne profits Briefely if a Prince violently passeth over the fixed limits of piety and justice a neighbour may piously and justly leape over his limits not that he should invade anothers but that he should bid him be content with his owne yea he shall be impious and unjust if he neglect it If a Prince exercise tyranny over the people he may no lesse or lesse slackly assist them than him if the people should move sedition yea he ought to doe it the more readily by how much it is more miserable that many suffer than one If Porsena reduce Tarquin the proud to Rome much more justly may Constantine sent for by the people and Senate of Rome expell Maxentius the Tyrant out of the City Finally if a man may become a Wolfe to a man nothing truely forbids but that a man may be a God to a man as it is in the Proverbe Therefore antiquity hath enrolled Hercules among the number of the gods because he punished and tamed Procrustes Busyris and other Tyrants the pests of mankinde and monsters of the world in every place So also the Roman Empire as long as it stood free was often called The Patrocinie against the Robberies of Tyrants because the Senate was the haven and refuge of Kings People Nations So Constantine sent for by the Romans against Maxentius the Tyrant had God the Captaine of his Army whose expedition the Universall Church exalted with powerfull prayses when yet Maxentius had the same authority in the West as Constantine in the East Likewise Charles the Great undertooke a Warre against the Lombardes being called by the Nobles of Italy to their aide when as yet the Kingdome of the Lombards was long before established and he could claime no right to himselfe over them Likewise when Charles the Bald King of France had by Tyranny taken away the President of that Country which lyeth betweene Seine and Liger Duke Lambert and Iamesius and the other Nobles of France had fled to Lewis King of Germany Charles his Brother by another mother to crave aide against Charles and his mother Iudith a most wicked Woman He in a most ample Assembly of the Germane Princes heard these suppliants by whose unanimous Counsell a warre was publickely decreed against Charles for to restore the exiles Finally as there have beene some Tyrants in every place so likewise among all Historians there are every where examples extant of tyranny revenged and people defended by neighbour Princes which the Princes now at this day ought to imitate in curbing the tyrants both of bodies and Soules of the Republicke and of the Church of Christ unlesse they themselves will be named Tyrants by a most deserved right And that we may at last conclude this Treatise in one word piety commands the Law of God to be observed and the Church to be defended justice that Tyrants and the subverters of Law and the Republike should be curbed charity that the oppressed should be releeved and have a helping hand extended But those who take away these things take away piety justice charity from among men and desire them to be altogether extinguished So he If this then be an irrefragable verity that forraine States and Princes are so farre obliged to assist and relieve those of the same Religion and all others whose liberties rights priviledges are forcibly invaded which our Parliament and State by their assistance of the Netherlands and other Protestant States both in Quaene Elizabeths King Iames and King Charles his reigne approved and justified both by words Acts of Parliament and reall performances then certainly those of the self-same Church Nation Kingdom and fellow Subjects under the self-same Prince betweene whom there is a farre nearer relation much stricter obligation and more strong ingagements ought mutually to aide and assist each other to the uttermost of their abilities when their Religion Lawes Liberties be violently invaded their dearest native Countrey wasted sacked plundered burned ruined in a hostile warre-like manner with open force of Armes either by the King himselfe or a prevailing Malignant Popish faction who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power How much then it now concernes every reall Protestant within this Realme of England and all other his Majesties Dominions to unite all their common forces together unannimously to protect defend maintaine and propagate our established reformed Religion fundamentall Lawes Liberties the very Priviledges of Parliaments their estates liberties lives the peace welfare and common good of their dearest native Countrey and our three united Realmes against all Popish Malignant forces now in armes to invade eclipse impaire subvert sacke ruine them and how monstrously unnaturally unchristianly and detestably impious treacherous perâ—idious all those English Irish and Scottish Protestants proclaime themselves to the present and future age who now trayterously joyne their forces with the Malignant Popish party or prove uncordiall false treacherous and perfidious to their Religion Liberties Countrey and the Parliment who have not onely waged imployed but confided in them and contribute their uttermost endeavours to betray enslave undermine and to sacke burne and totally overturne them as many we finde have done to their eternall infamy I here referre to every mans judgement and conscience seriously to determine Certainly such unnaturall monsters such trayterous Judasses such execrable infamous Apostates as these can expect no other reall remuneration of this their treachery and perfidiousnesse but the ruine of their credits the detestation of their persons memories the confiscation of their estates the extirpation of their families the execrations of all good men the severest judgements of God and utter confusion with horrors of conscience tormenting them constantly day and night whiles they continue languishing under all these miseries here and the sharpest torments the very largest punishments the hottest flames in hell for ever hereafter and those Antichristian Papists who now are and have beene so faithfull active zealous couragious industrious liberall bountifull if not prodigall to prosecute their owne interests designes to maintaine and propagate their false erroneous detestable Religion superstitions idolatries both in England and Ireland with the effusion of their bloud expence and forfeiture of all their estates and never yet deserted or became treacherous to their false execrable cause or Religion in the least degree shall all joyntly rise up in judgement against them both here and hereafter to their sempiternall infamy reproach and most just condemnation O consider this all yee who now so much forget neglect betray both your God your Christ Religion Lawes
Liberties Countrey Parliament yea your very selves your soules bodies estates posterities Consider with your selves the bitter curse denounced by God himselfe against Meroz Iudg. 5. 23. Consider the fatall dismall end of treacherous Iudâ—s Matth. 27. 3. 4 5. Acts 1. 18. 19 20. Consider that dreadfull speech of our Saviour Christ Marke 8. 35. 36 37 38. Whosoever will save his life shall lose it but whosoever shall lose his life for my sake and the Gospels shall save it For what shall it profit a man if he shall gaine the whole world and lose his owne soule or what shall a man give in exchange for his soule Whosoever therefore shall be ashamed of me and of my word in this adulterous and sinfull generation of him also shall the sonne of man be ashamed when he commeth in the glory of his Father with the holy Angels * If we suffer with him we shall also reigne with him if we deny him he will also deny us If we be but fearfull in the cause of Christ we shall be sure to have our part in the lake that burneth with fire and brimstone Rev. 21. 8. O what then will be our portion if we be unzealous negligent perfidious to it or professed enemies especially in open armes against it when it cries out to us for our necessary assistance every where If Iesus Christ will render tribulation to them which doe but trouble his people yea and shall be very shortly revealed from Heaven with his mighty Angels in flaming fire taking vengeance on all them that onely know not God and that obey not the Gospel of Iesus Christ who shall be punished with everlasting destruction from the presence of the Lord and from the glory of his power 2 Thes. 1. 6. to 10. O where shall all those ungodly sinners Rebels and Traytors appeare who now every where murther plunder persecute extirpare Gods dearest Saints and not onely refuse to owne but even desert betray the cause of God and their Countrey who refuse not onely cordially to maintaine the very truth of God the Gospel of Christ which themselves in shew not onely pretend to know but professe but also joyn with Papists and Malignants openly to fight against and totally to suppresse it Certainly if judgement shall beginne at the house of God it selfe as now it doth and if the righteous who defend the cause of God and the Kingdome shall scarcely be saved what these mens dreadfull end and judgement at last shall be transcends my thoughts to conceive my expressions to relate all I can say is this it will be so superlatively miserable and grievous that an eternity of incomprehensible torments will onely be able to demonstrate the infinity and execrablenesse of their sinne O then let all of all sorts consider seriously of this and all the premises and the Lord give them understanding and grace to keepe a good conscience and discharge their severall trusts and bounden duties faithfully cheerefully to their God Religion King Countrey and the Parliament in all things that so they may enjoy the honour comfort benefit of all their faithfull endeavours to defend promote propagate our Religion Lawes liberties and the publike welfare here and the Crowne the full guerdon of them hereafter and poore bleeding dying England and Ireland may now at last attaine that speedy holy lasting honourable blessed peace and unity which all good men cordially pray for and endeavour which doubtlesse had beene easily effected long ere this had we all beene faithfull true reall to the publike cause of God and our Countrey in our severall places and not faithlessely betrayed but sincerely discharged the severall trusts reposed in us to the uttermost of our powers the readiest meane to re-establish and perpetuate our pristine tranquillity which I humbly beseech the God and Prince of peace effectually to accomplish in his owne due season before our whole three Realmes become a desolate Wildernesse an Accheldama a Golgatha as many places of them are already and more like to be if the extraordinary mercy of our ever-gracious God prevent not the mischievous long plotted conspiracies malice rage treachery of unnaturall and deceitfull men FINIS This Oath should have come in the Appendix page 73. line 17. The Oath of CHARLES King of Navarre at his Coronation An. 1390. recorded in the generall History of Spaine l. 17. p. 625. 626. VVED CHARLES by the grace of God King of Navarre c. doe sweare unto our people of Navarre upon the holy Evangelists toucht by us and to the Prelates and rich men of the Cities and good Townes and to all the people of Navarre for all your Rights Lawes Customes Freedomes Liberties and Priviledges that every one of them as they are shall be maintained and kept to you and your successors all the time of Our life without corrupting them bettering and not impairing them in all or in part and that the violence and force which hath beene done to your Predecessors whom God pardon and to you by Vs or Our Officers We shall hereafter command it to cease and satisfaction to be made according unto right as they shall be made manifest by good men of credit After which the Deputies of the State swore in their owne names and for all the Realme faithfully to guard and defend the Kings person and their Countrey and to aide him to keepe defend and maintaine the Lawes and Customes with all their power Errata and Omissions in some Copies Part. 4. p. 1. l. 26. it is p. 9. l. 39. c. 33. p. 27. l. 13. private publike p. 28. l. 7 other 31. pugnae Appendix p. 2. l. 3 parallel p. 4. l. 14. them the people l. 34 p. 5. l. 29. Maximus p. 8. l. 1. Polieuctus p. 39. l. 26. dele in the p. 41. l. 41. other p. 44. l. 40 retired p. 50. l. 44. the hand p. 54. l. 1. Cara Lara p. 55. l. 41. Pacensis p. 59. l. 27 dele the p. 66. l. 34. yeares p. 79. l 12 dele 〈◊〉 l. 3. Mariana p. 129. l. 2. adde 2 Chron. 22. 1. And the inhabitants of Jerusalem made Aliaziah his youngest sonne King in his stead l. 18. confirmed p. 145. l. 2. not from it to p. 147. l. 20. in some sence in private cases p. 150. l. 23. pem patu p. 153. l. 14. Cauarvius p. 162. l. 7. received renued p. 162. l. 28. Hotomani Francogal 38. Vindiciae p. 163. â— 2. revocable l. 3. Historicall l. 19. Cuiacius l. 23. usufrvctuary l. 35 dele the p. 166. l. 14. to doe l. 19. dele to l. 21. foundations p. 167. l. 7. is an p. 169. l. 26. Caracalla p. 170. l. 41. 2. secun qu. p. 171. l. 22. in Law p. 172. l. 27. fealty to p. 173. l. 8. adjuvante l. 15. rapacitates p. 174 l. 4. if it p. 177. l. 15. preserve l. 32. and. l. 35. goods p. 186. l. 15. 16. forcibly resist p. 187. l. 2. so to p. 190. l. 31. 206. p.