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

which these Acts disable the King who is so farre inferior to the Law that he cannot so much as delay the smallest proceedings of it in any Court or Session by his supreame power by any meanes whatsoever to effect in his meanest Courts much lesse then in the greatest from whence the subvertion of Lawes Libertie Iustice and the whole Realme would ensue If any therefore cavill at the All for the continuance of this Parliament till both houses shall agree to adjourne or dissolve it or at the Bill for Trienniall Parliaments which when they meete shall not be dissolved without their consents for 40. dayes space next after their first meeting Let them now learne that this is no Innovation nor encroachment on the Crowne but an ancient Priviledge of Parliament both claimed practised and resolved in times of Popery in an higher degree then now it is And thus you see how in these particulars the Popish Parliaments Prelates Lords and Commons in former times have claimed and exercised far greater Priviledges and Iurisdictions then this or any other P●orestant Parliament hath hitherto claimed or practised which I hope will for ever silence the clamourous tongues of all ill Counsellors Courtiers Royalists Malignants Papists and Cavaliers against the present Parliament of whose highest ye● moderate proceed●ngs themselves alone have beene the occasions and therefore of all others have least cause to complaine against them But to returne againe to the first grand Objection Thirdly I answer that the High Court of Parliament and whole kingdome which it represents may in divers respects be truely and properly 3. The Parliament and kingdome proved to be above the king sayd to be the Highest Soveraigne power of all others and above the King himselfe which because it may ●eeme a dangerous paradox and tends much to the vindication both of the Priviledges Honour and ●urisdictions of our High Court of Parliament now so much undervalued because not really knowne to most and to the justification of the proceedings in this present Parliament which many out of ignorance and malice so much declaime against both by Word and writing in a most licentious manner I shall take a little liberty to demonstrate the truth of it by such convincing reasons of Authorities as no rationall man I hope shall be able to contradict but must necessarily submit to First it is undeniable that See Cromptons jurisdiction of Courts Title Parliament Brooke Title Parliament Holinsh Description of England c. 8. p. 173. Chron. of Ireland p. 120 to 130. Sir Th. Smiths Cōmon-wealth of England l. 2. c. 1. 2. 3. Cowel and Minshew Tit. Parliament Camdens Brit. p. 177. the Court of Parliament hath a lawfull power to question all the Kings Pa●ents Charters Commissions Proclamations Grants Warrants Writs and Commitments whatsoever whether they be Legall yea to cancell or repeale them in case they be illegall mischeivous or onerous to the Subject not onely without but against the Kings consent and mandate to the contrary as appeares by infinite presidents in this and all former Parliaments the scourges of Monopolists Patentees and Projectors the Pests of the Commonwealth The like power have all other Courts of Iustice within the Kingdome in some degree when such Charters and Writs of the King are brought judicially before them because they are Courts of the Law to which the King and all his Actions are and must be subject Now that which can thus question cancell disanull revoke the Kings owne royall Charters Writs Commissions Patents c. though ratified with the great seale and regall power even against his will must certainely be a Soveraigne power and Authority which in point of Law and Iustice is fu●eriour to the King This is Bractons resolution l. 2. c. 16. f 34 a and Fletaes l. 1. c. 17. Where ●hey affirme the Law and Parliament to be above the King because they may censure judge and rescinde the Kings Acts and Charters legally and judicially even against his personall though not legall Will which ●s the Law Secondly It is unquestionably true that in all cases of difference betweene the King and all or any of his Subjects though they concerne the Kings Prerogative and the highest branches thereof the Parliament is the supremest and most proper judge and its resolution from which there is no appeale ●o any higher tribunall shall finally binde not onely all the subjects but the King himselfe notwithstanding his owne personall disassent This is manifest by the many late resolutions given in Parliament against sundry Patents Commissions Writs Charters Impositions Loanes Shipmoney i See 21. Iacob c. 3. Co. l. 8. f. 125. to 130. l. 10. f. 113. l. 11. f. 84. to 89. Fitz Brooke and Ash Tit. Charters Grant le Roy Comissions Habeas Corpus Bayle and the Iudges arguments against Ship-money Forrest-Bounds Marshall Law Pressing and ●illetting souldiers Imprisonment by speciall Command of the King or his Privie Counsell Tonnage and Poundage Knighthood and Taxes The Commission of Array and ●he like which obliege both King and Subject the King in receiving justice in such cases being subject ●o the Law as well as the meanest of his subjects as k Rex in justitia re● pienda minimo de ●egno suo comparatur minimus esse debet vel qua●i in judicio suscipiendo Bracton l. 1. c. 8. f. 5. b. l. 3 c 9. f. 107. Bracton truely avers against all Royalists mistakes Now that which can thus finally conclude and binde the King himselfe even volens nolens ●n cases of highest concernment entrenching farthest upon his Prerogative Royall must doubtlesse ●e the most Soveraigne power Superiour to the Kings And in this sence every Court of Justice whose just resolutions and every petty Jury whose upright verdicts obliege the King because war●anted by the Law which is paramont the King as Bracton m Lib. 1. c. 5. 17. Fleta n Cap. 9. to 15. Fortescus o Speech in Parliament 1609 King Iames p In his ●awes in Fox Acts Mon. Edit vol 1. p. 214. Edward the Conf●ssor yea and q Aristotle resolve may be truely sayd to be above the Kings ●erson which they binde but not above the Parliament which by its suparlative power may examine ●ll ſ 1 H. 7. 1. Br. parliament 92. Ash tab 65. 67. judgements and verdicts in other Courts by way of error or appeale and reverse them if there be ●●use when as the King in person cannot by law examine or reverse them but onely in his Courts ●f Iustice by his Iudges Thirdly Parliaments oft times doe and may as they see cause enlarge the Kings Prerogative and Royall ●ower in sundry particulars in which the King had no such jurisdiction before these Acts witnesse the ●tatute de Praerogativa Regis 25. H. 8. c. 19. 20 21. 26. H. 8. c. 1. 3. 31. H. 8. c. 8. 9. 34. 35. H. ● c. 23. 27 H. 8. c. 15. 28. H. 8. c.

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

2. c. 16. f. 24. That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a king cannot doe any thing else in earth seeing be is Gods Minister and Vicar ni●●id solum quod de jure a Luk. 2. 22. 23. 24. ●otest but that onely which he can doe by Law That God the Law and his Court to wit the Earles ●nd Barons in Parliament are above the King and ought to bridle him and are thence called c Comites vi● quia a Comitatu ●ive a societate nomen sumpserunt qui etiam dic● possunt Consules a consulendo Reges enim tales si●● associant ad consulendum regendum populum Dei. ordina●tes eos in magna potestate honore nomine c. Idem l. ● c. 8. f. 5. 6. Co●ites because they are the Kings Companions Fleta an Ancient Law-booke written in King Edward ●he third his raigne lib. 3. c. 3. and 17. useth the selfe same words that Bracton doth and concludes ●hat the King hath a Superior to wit God and the Law by which be is made a Ki●g and his Court of Earles ●nd Barons to wit the Parliament d De Laudibus Legum Argliae c. 9. to 15. Fortescue a great Lawyer Chauncellor to King Henry the 6. ●roves at large That the King is not above but under the Law that be cannot alter the Law of Ergland ●or ●ay any Taxes at all on his Subiects but by Parliament That all lawfull Kings and Kingdomes were at ●●rst created and erected onely by the unanimous free assent of the people that the kingdome of England is a Po●cie or Aristocraticall mixt Government not an absolute royall Soveraignety That the e Hanc potestatem â pop●lo effluxam ipse habet c. p. 25. King hath his ●●yall power DERIVED TO HIM FROM THE PEOPLE whereby it is unlawfull for him to ●le his people by any other power which he prosecutes in sundry chapters too tedious to transcribe ●nd in one word f Chap. 8. vol. ● pag. 173. Raphael Holinshed Iohn Vowell and others in their Description of England ●rinted Cum Privilegio resolve thus of the Parliaments power This House hath the most high and ●bsolute power of the Realme for thereby kings and mighty Princes have from time to time beene ●eposed from their thrones and Lawes are enacted and abrogated Offenders of all sorts punished and cor●pted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE ●EALME and the place where every particular man is intended to be present if not by himselfe yet by ●s Advocate and Attorney For this cause any thing that is there enacted is not to be withstood but obeyed ●● all men without contradiction or grudge and to be short all that ever the people of Rome might doe ei●●er Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their assemblies had power to enact binding Lawes to create and elect ●●eir Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes ●● Officers and to * See Bodine l. 2. c 5. l. ● c. 10 Eutropius and Grimston in the life of Nero Maximinius Heliogabalits and others Livy Rom. Hist l. 1. ●● change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authors resolution the Parliament hath an absolute power to doe the like when ●hey see just cause Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. ●nd Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but ●● in the last Edition hath the same words in effect with Holinshead and addes that the Parliament gi●eth forme of Succession to the Crowne c. Our kings royall power being then originally derived to ●hem conferred on them by the peoples and kingdomes common consents in Parliament and all their ●ew additionall Prerogatives too as the premises evidence it cannot be denied but that the whole ●ingdome and Parliament are really in this sence above him and the most Soveraigne prime power ●●om whence all other powers were and are derived See Fortescue c. 9. to 15. Fourthly This is undeniable because the whole kingdome in Parliament may not onely aug●ent but likewise * abridge allay abolish and resume some branches of the Kings royall power and ●●erogative if there be just cause as when it becomes onorous mischievous and dangerous to the Sub●ects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or ●he Lawes this is most apparant by Magna Charta Charta de Forresta Statutum de Prerogativa Regis De Tall●gio non-concedendo 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. ● 10. E. 3. c. 2. 3 14. E 3. c. 1. 14. 18. E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36. E. 3 c. 10. ● 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. ● 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 ●he Petition of Right 3. Caroli most Statuts against Purveyens Pardons Protections the Acts made this Parliament against Ship-money Knight-hood Forrest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the Continuance of this Parliament whiles they please with g See the Arguments against Ship-money and Impositions and the Declarations against the Commission of Aray sun●ry other Acts which restraine abridge repeale and resume divers reall and pretended branches of the ●ings royall Prerogative because they proved grievous and mischievous to the people and dangeous and pernicious to the kingdome This then answers that irrationall groundlesse position of Doctor Ferne That h Resolving of Conscience Sect 4. 5. the Subjects neither lawfully may nor ought in any case to resume al or any part of that Regall power wherewith they have once invested their Kings by common consent Which as it is contrary ●o that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That ●ll Governments created by mens consents may be altered diminished or repealed by their consents ●● i See Ioshua Iudges Samuel Kings Chron. Daniel throughout ●saiah Ieremy Ezickiel in sundry chap. sundry Presidents and Prophesies in Scripture concerning the alterations the Subversions and Dimi●utions of kings and kingdomes to the constant practise of k See Sleidan de 4. or Imperiis Mat. West Livy Iustin Opmerus Purchas Chronicon ●hronicorum and all generall Histories all Realmes and States whatsoever from ●dam till this instant who have undergone many strange alteratians eclipses diminutions yea Pe●●ods of Government to the Resolution of l Polit. l.

a Seneca de Cleme●●●a l. 1. as may winne their hearts and affections and not to straine their pretended Prerogatives beyond the bounds of Law this being a most certaine experimented rule which b Polit. l. 5. c. 10 11. p 367 368 See Polybius Hist l. 6. Aristotle the Prince of Politicians gives That there are two intestine causes most perilous and frequent of all others by which a kingdome is usually lost and subverted The first is if the Nobles and people dissent from the King himselfe The second if Kings will Reigne tyrannically and usurpe a greater domination or prerogative then the Lawes of their kingdomes give them Then he addes Verily a kingdome is preserved by contrary remedies specially by a moderate kinde and temperate forme of Government For by how much the c Deut. 17. 19 20. See Prov. 16. 12. c. 20. 28 c. 29. 4. 14. c. 25. 5. more moderate the King shall be and contented with smaller and fewer prerogatives by so much the more constant and longer-lasting shall his kingdome necessarily be For by this meanes it recedes farther from the domination of Tyrants and it comes nearer to the equability of manners and humanity of life and is lesse envyed by their Subjects which he proves by the notable speech and example of King Theopompus And indeed this is the principall policy which God himselfe hath prescribed a King to prolong his dayes in his kingdome he and his children after him to keepe all the words of this Law and those Statutes to doe them that ●s to governe himselfe and his Subjects onely by Law not power to doe justice and judgement avoid oppression and not to liftup his heart above his brethren as if they were his vassals and no● men or Christians of the same kinde and quality as himselfe is Wherefore I shall close up this with old Bractons resolution d Lib. 3. c. 9. f. 107. Fleta lib. 1. c. 17. Potestas itaque Regis juris est non injuriae Exercere igitur debet Rex potestatem Juris ●icut Dei vicarius Minister in terra quia illa potestas SOLIUS Dei est potestas autem injuriae Diaboli non Dei cujus horum operum fecerit Rex ejus Minister erit cujus opera fecerit Igitur dum facit justitiam vicarius est Regis aeterni minister autem Diaboli dum declinat ad injuriam * See Leges Edwardi Confessoris cap. 17. in Lambards Archaion f. 130. accordingly Dicitur enim Rex a bene regendo non a regnando quia Rex est dum bene regit Tyrannus dum populum sibi creditum violenta opprimit dominatione Temperet igitur potentiam suam per legem quae fraenum est potentiae quod secundum leges viva● quia hoc sanxit Lex humana quod leges suum ligent latore● alibi in eadem digna ●ox Majestate regnan●●s est legibus alligatum se Principem profiteri Item nihil t●m proprium est imperii quam legibus vivere Et majus imperio est legibus submittere Principatum merito debet retribuere legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Item cum non semper oporteat Regem esse arma●um armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. to 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need ●eare this Supreame Prerogative Power of Parliaments which hath ●aine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists e See p 2 3. the Authours there quoted Bishop Jewels View of a seditious Bull and of the Popes Supremacy Cassanaeus Catagloria mundi part 4. attribute farre more divine authority and Soveraigne Jurisdiction over Emperours Kings Princes Kingdomes Subjects to the Pope their Lord and God whom they make the Supreame Monarch of the World and all kingdomes in it and give him greater Authority to summon ratify and dissolve generall Councels then ever any Christian King or Emperour challenged or usurped yet those who maintaine these Paradoxes of the Popes Supremacy confesse f See John Whites Way sect 36. n. 30. 34 35. p. 102. 104 105. Surius Tom. 3. 4. that a generall Councell is above the Pope and may upon just cause not onely convent and censure him for his misdemeanours but likewise actually depose him and set up another in his stead as the Councels of Pisa Constans Basil which deposed foure Popes namely Gregory the 12. Benedict the 13. John the 23. and Eugenius the fourth the Councell of Chalcedon against Pope Leo the Councell of Sinuessa against Pope Marcellinus the sixth seventh and eighth generall Councels against Honorius the Councels of q Wormes and Brixia against Hildebrand the Councell of Pisa summond 1511. of purpose to depose Pope Julius for his perjury h See John Whites Way sect 36. n. 30 p. 102 and n. 34 35. p. 104 105. sundry Popish Writers acknowledge Now the Councell of Basil as I shewed * See p. 4. before defined That the whole Kingdome and Parliament hath as great a power over their Kings as a Councell hath over the Pope therefore by Papists verdicts it is above the King in point of Soveraigne power as a Councell is above the Pope which John Mariana De Rege Regis Instit lib. 1. c 3. to 10. professedly proves at large 12. That Court which may lawfully coniure question depose banish execute the Kings greatest Favorites Officers Judges yea Lord Protectors themselves the highest Peeres of the Realme notwithstanding such are said to be i Psal 82. 1 2. Exod. 22. 2● John 10. 34. Gods k Rom. 13. 1 2 3 4. Ordained of God Gods Ministers To l Prov. 8. 15. decree Judgement g Fox Acts Monuments vol. 1. p 231. 235. 879 to 890. 962. by God to be the higher powers c. in Scripture as well as Kings and that not onely with but against the Kings Good will must questionlesse be the highest power and Jurisdiction in the Realme else the King and their Authority might protect them against its Justice But the Parliament may lawfully censure question depose banish execute all or any of these not onely without but against the Kings consent witnesse the proceedings in Parliament against m Hoveden p. 702 703. 705 706. with Speed Holinshed Grafton Stow Matthew Paris Polychronicon Fabian William Longchamp Bishop of Ely Chiefe Justicia● Lord Chancellor and Vice-roy of England in Richard the first his Reigne during his absence in the Holy Land from which Offices he was by the Peeres and Commons deposed for his misd●meanours and oppressions n Walsingh Speed Holinsh Fabian in Edw. 2. Froyssards Chron. part 1. c. 12 13. Piers Gaveston and the two Hugh Spensers in Edward the seconds Reig●e oft banished

the Crowne of England ● the next and onely heire of the blood Royall to whom of right it descended which Dolman the Priest and so● Jesuites opposed in Printed seditious Bookes So the z ● Mariae Parl. 2. c. 2. Articles of Queene Maries marriage with K● Philip were limited appointed and ratified by Parliament And the Imperiall Ecclesiasticall Ju●diction usurped by the Pope and Prelates hath likewise by a 25 H. 8. c. 19. 21. 26 H. 8 c. 1. 3. 27 H. 8. c. 10. 28 H. 8. c. p. 16. 32 H. 8. c. 22. 24. 29. 31 H. 8. c. 10. 14. 3● H. 8. c. 29. 34 35 H. 8. c. 17. 19. 35 H. 8. c. 1. 3. 1 Eli. c. 1. 1 E. 6. c. 2. 1 Mariae c. 1. Parl. 2. c. 1. 8 El. c. 1. sund●y Statutes beene restored and united to ●● Crowne and the Title of Supreame head and Supreame Governour in all causes and over all persons Spiri● all Ecclesiasticall and Temporall seiled upon our Kings and Queenes Who during their minori●ies have ●● Guardians and Protectors appointed to them by b Walsingham Hist Angl. H. 5. p. 458. Speed p. 1 108. 28 H. 8. c. 7. 17. 1 E. 6. c. 11. Hals Chronicle 1 H. 6 Parliament to summen Parliaments assent to ●ils and ex●cute all royall Jurisdiction in their names and steads And a● the Title and Right to the Crowne of Englan● and the Jurisdiction thereof hath thus from time to time beene decided and setled in and by our Parli●ments so hath the Title and Jurisdiction of the Crowne of Scotland beene c Hist Angl. p 16. to 26. 31. to 33 42. 46. to 56. See Holin Grafton Stow Speed in the life of Edward the first ●podigma Neust p. 72. to 96. frequently discussed a● setled in our Parliaments upon appeales made to them by the Kings of Scotland and their Corrivals to that Crow●● Witnesse the famous case and competition for that Crown long agitated and resolved in Parliament betweene ●● King of Norway Bailliol and Bruce to omit others in the Reigne of King Edward the first And ●●● King Edwards title to the Crowne of Scotland declared and resolved by our Parliament here All which ●● Recorded at large by Thomas Walsing●am in the life of King Edward the first and in the Parliame●● Rols and Pleas of his Raigne with d 1 Jac. 1. sundry other instances of this nature frequent in our Historian ● wh●ch for brevity I pretermit It is a e 35 H. 8 c 1 cleare case without dispute that if the King should dye without any Heire the Crowne wou● ofcheate to the whole Kingdome and Parliament who might dispose of it in such a case to what pers●● they pleased or quite change that forme of government if they saw good cause no particular kin● of rule being so simply necessary by any divine right or Law to any state or Kingdome but that as it was ● first instituted so it may in such a case be changed by the whole Kingdomes generall consent upon suff●cient grounds This appeares by the case of * Elondus Decad 2. l. 2. Regin l. 2. An. 800 Bi●●op Bilson of Christ an Su●jection c. part 3. p. 423. Charles the grosse who being deposed from the Empire a●● his Kingdomes for a mad man and dying without any Heire the Kingdomes which before were subject ●● him Destitute of a right Heire began to fall in sunder on every side and to choose Kings of themselves of an●ther Family France elected Charles a childe sirnamed Simple for their King and after his simplic●ty displeased them they Crowned Otho Sonne of Robert Duke of Saxony in his place At the same tim● the people of Italy meaning to have a King of their owne could not agree on the matter but some cho● Beringarius others Guido and so had two Kings in Italy both calling and bearing themselves as Emp●rours And the Germanes elected Arnolph Duke of Bavaria for their Emperour Thus * Zonas Annal. Tom. 3. f. 1 26. Grimstons Imperiall History p. 303. Zeno the Emperour dying without any Heire that might succeed him Anastasiu● a man of great reputation yet of no No●● Family was chosen his Successor by the Senate and Legions The like we read of divers other Emperou● de●easing without Heire of some of our Saxon and British Kings before the Conquest and of othe● in other Kingdomes where the Crowne hath beene translated from one family to another by the Kingdomes consent for want of Heires Yea Bishop Bilson 1 The true difference betweene Christian Subjectio● and unchristian Rebellion part 3. p. 418. to 422. himselfe though a great Royalist po●●tively affirmes That if a King or right H●ire to any Crowne be borne or becomes a naturall Foole or star●mad or run besides himselfe so that he is not able to governe himselfe much lesse his Realme in these ●● cases ANY REALME BY PUBLICKE CONSENT and ADVICE MA● CHUSE ANOTHER KING for what should he doe with a royall Office or by what d●vine or humane right can he enjoy a Crowne who is utterly unable to manage it Upon this groun● 2 See the generall History of France in his life Sabellicus Ennead 8. l. 8. ● 245 N●ucl●rus vol. 3. gen 20. Blondus Decad. 1. l. ●● Aventinus l. 3. p. 293. to 300. Gaguinus l. 3. in Carolo. M●rt Herman Sche●● Chron. Aetas 6 f. 185. King Childericke was deposed by his French and German Subjects generall consents because he was ● ●e a Sot a Beast unable to governe his Kingdome and Pepin of another race elected and crowned King in ●stead which act by Pope Zacharies resolution was adjudged both just and lawfull even in point of ●science before it was put in execution So 3 Go●fredus Viterbiensis Chro. pars ●● col 468 Regino l. 3. An. 887. H. Mutius Germ. Chr. l. 12 Grimstons Imperial History p. 404. Charles the third the last Emperour of Pipins race ●● deposed from the Empire by the Princes Dukes and Governours of the Provinces of Germany and ●●ce for that he became foolish and unfit to governe being bereaved of his senses and by common consent ●●olph was elected Emperour in his stead Thus 4 Euagrius Eccl. hist l. 5. c. 11. 13 Zonaras Annal. Tom. 3. f. 150 151. Eutropius l 16. p. 211. Justinus the second falling into a frensie and madnesse ●hat he had no sense nor understanding of any thing that was done was removed and Tiberius placed ●he Empire at his Coronation Justinus used this notable speech Let not the glory of these Imperiall ●●es leade thee into errour neither be thou de ceived with the glorious shew of such things as are subject unto the ●●s wherewith I my selfe now al●s being snared have brought my selfe foolishly into grievous torments ●refore in governing the Empire with great moderation and mildnesse of spirit redresse what is amisse and cor● what I have leudly committed And pointing at his ill Counsellours with