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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	henry_n	king_n	pope_n	2,794	5	6.8846	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56211	The soveraigne povver of parliaments and kingdomes divided into foure 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 exceeding derogatory to the Kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. By William Prynne, utter-barrester, of Lincolnes Inne. It is on this second day of August, 1643. ordered ... that this booke ... be printed by Michael Sparke ...; Soveraigne power of parliaments and kingdomes	Prynne, William, 1600-1669.	1643 (1643)	Wing P4087A; ESTC R203193	824,021	610

not your own opinion alone in manag●ng the affaires of the Realme Hereupon four and fifty Edicts and Commissions were revoked wherewith the Subjects had been oppressed When the King was to be Crowned the Prelates made this request to him at the Altar before his Coronation We pray and require that you would grant unto every one of us and the Churches whereof we have the charge the Canonicall priviledge● good lawes and justice and that you will defend us as a king ought all his Bishops and their Churches Whereunto the king answered I promise to preserve you in your Canonicall priviledges as also your Churches and that I WILL GIVE YOV in the future GOOD LAWS and do you Iustice and will defend you by the help of God according to my power as a king in his Realm OVGHT TO DO IN RIGHT AND REASON to his Bishops and their Churches After which having been acknowledged their lawfull Prince BY A GENERALL CONSENT OF ALL THE ORDERS the Gardinall of Ioyeuse presented unto him the Oath of the Kingdome the sacred Bond of the fundamentall Lawes of the State the which he took publikely in these words with invocation of the Name of God having his hand upon the Gospell which he kissed with great reverence I promise in the Nam● of Iesus Christ these things to the Christians subject unto me First I will endeavour that the Christian people shall live peaceably within the Church of God Moreover I will provide that in all v●cations theft and all iniquitie shall cease Besides I will command that in all judgements equitie and mercy shall take place to the end that God who is gentle and mercifull may have mercy both on you and me Furthermore I will se●k by all means in good faith to chase out of my Iurisdiction and the Lands of my subjection all Hereticks denounced by the Church promising by Oath to observe all that hath been said So help me God and this holy Evangell After this Bellarmines Book of the Popes power in temporall causes Becanus and Scoppius Books Marianaes Book de R●ge Regis institutione Suorez his Book with others which taught That the Pope was above Kings in temporall things and that it was lawfull for private subjects by the Popes authoritie to murther kings that were Heretikes and that the murthers of Henry the third and fourth by Chastle and Ravillac were lawfull and commendable were prohibited and condemned to be burnt by Edicts of Parliament Anno 1611. the Reformed Churches of France at their generall Assembly at Samure by the Kings permission made a generall Vnion which they did swear to keep inviolably for the good quiet and advancement of the said Churches the service of the King and Queen Regent and preservation of the Estate and appointed six Deputies therein for the dispatch of all their affaires Anno 1614. the Prince of Conde with divers other Princes Dukes Peers Noblemen and Officers of the Crowne retinued from the Court in discontent and meeting at Meziers writ severall Letters to the Queen Parliament and others complaining therein of divers g●ievanc●s and disorders in the government which they desired might be redressed by summoning a generall Assembly of the three Estates to be free and safe to be held within three ●oneths at the furt●est protesting that they desired nothing but peace and the good of the Realme that they would n●t attempt any thing to the contrary unlesse by the rash resolution of their enemies who covered themselves with the Cloke of State under the Queene Regents authority they should be provoked to ●●pell the injuries done unto the King and State BY A NATVRALL IVST AND NECESSARY DEFENCE After which with much adoe Articles of Peace were concluded on at Saint Manchold between the King Queen Regent and these N●bles wherein it was among other things accorded That the generall Estates of the Realme should be assembled at Sens by the four and 20. day of August in which the D●puties of the three Estates may with all libertie propound whatsoever they shall think in their consciences to be for the good of the Realme and ease of the subject tha● thereby the King with the advice of the Princes Estates might make some good Laws and Ordinances to contain every man in his dutie to fortifie the Lawes and Edicts made for the preservation of the publike tranquilitie and to reforme the disorders which may give just occasion of complaint and discontent to his good subjects That the Kings Mariage with Spaine formerly concluded on should be respited and not proceeded in during his minority that all Garisons put into any places of the Realme by reason of the present motions should be discharged that Letters Patents be directed to all Courts of Parliament to be verefied by which his Majestie shall declare that the said Princes Nobles and others of ● hat quality and condition soever which have followed and assisted them in these alterations had no bad intentions against his service with all clauses necessary for their safeties and discharges that they may not be called in question hereafter and that they shall be restored to their Offices Estates and Dignities to enjoy them as they had formerly done And in like manner his Majestie shall write to all Princes Estates and Common-wealths allied to the Crowne and men of qualitie shall be sent expresly to them to let them understand what he had found concerning the innocency and good intention of the said Princes Officers and Nobles After which the three Estates were published Deputies elected and the King by his Councel and Parliament of Paris was declared of full age according to a fundamentall Law made by Charles the fift ratified by the Court of Parliamnt That the Kings of France having attained the full age of thirteene years and entring into the fourteenth they should take upon them the Soveraigne Government of the Estate Whereupon the Queen Mother in the Parliament resignes the Regency and reignes of the Empire into his hands After which the three Estates assembling abolished the sale of all offices of judicature and others which tend to the oppression and ruine of the People suppresse Duels the Commons and Deputies of the three Estates present a Petition of all their grievances to the King consisting of severall natures and pray redresse And for the securing of the Kings Crowne and person against the Popes usurpations and attempts they desired that it should be declared by the said Estates and set down as a fundamentall Law That the King did not hold his Realme of any but God and his sword and that he is not subject to any superiour power upon earth for his temporall estates and that no Book should be printed containing any Doctrine against the person of Kings touching the question too much debated by presumptuous men whether it be lawfull to kill Kings The Clergy of France except against this Article as a point of doctrine and conscience not of State policie as the Commons

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 C●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 Casse●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

who would thus willingly ruine his Principality as of free to make it tributary of his owne to make it anothers of happy to make it miserable and to submit himself to anothers pleasure as one conquered without a wound But I have heard and read of many who with effusion and losse of much blood which was laudable have procured liberty to themselves modo autem au●io quod Dominus vester miser deses imbellis qui nullo null or est de libero servus fieri desiderat qui omnium mortalium miserrimus est After which he said That the King was unworthy of his Confederacie and looking on the two Knights with a sterne countenance he com●anded them to depart instantly out of his presence and to see his face no more whereupon they departing with shame hee charged Robert the Clerke to informe him truely what manner of person King Iohn was who replied That he was rather a Tyrant then a King rather a Subverter then a Governour a Subverter of his owne Subjects and a Fosterer of Strangers a Lyon to his owne Subjects a Lambe to Aliens and Rebels who by his sloathfulnesse had lost the Dutchy of Normandy and many other Lands and moreover thirsted to lose and destroy the Kingdome of England An unsatiable Extortioner of money an invader and destroyer of the possessions of his naturall people c. When Miramumalin heard this he not onely despised as at first but detested a●d accursed him and said W●y doe the miserable English permit such a one to raigne and domineer over them Truely they are effeminate and slavish To which Robert answered the English are the most patient of all men unti●l they are offended and damnified beyond measure But now they are angry like a Lion or Elephant when he perceives himselfe hurt or bloody and though late they purpose and endeavour to shake the yoake of the Oppressor from their necks which lie under it W●ereupon he reprehended the overmuch patie●ce an● fearefulnesse of the English and dismissed these Messengers who returning and relating his Answer to King Iohn he was exceeding sorrowfull and in much bitternesse of Spirit that he was thus contemned and disapointed of his purpos● Yet persisting in his pre-conceived wicked designe to ruine his Kingdome and people and hating all the Nobility and Gentry of England with a viperous Venom he sets upon another course and knowing Pope Iuno cent to be the most ambitious proud and covetous of all men who by gifts and pr●mises would be wrought upon to act any wickednesse Thereupon he hastily dispatcheth messengers to him with great summes of Money and a re-assurance of his tributary Subjection which shortly after he confirmed by a new Oath and Charter to procure him to Excommunicate the Archbishop of Canterbury and the Barons whom he had formerly favoured which things he greedily desired that he might wrecke his malice on them by Dis● inheriting Imprisoning and Spoiling them being Excommunicated Which things when he had wickedly plotted he more wickedly executed afterwards In the meane time the Barons foreseeing that nothing was to be obtained but by strong hand assemble an Army at Stamford wherein were said to be two thousand Knights besides Esquires and marched from thence towards Oxford where the King expected their comming to answer their demands And being come to Brack●ey with their Army the King sends the Earle of Pembroke Mariscall and the Archbishop of Canterbury with others to demand of them what were those Lawes and Liberties they required to whom they shewed a Schedule of them which the Commissioners delivered to the King who having heard them read in great indignation asked Why the Barons did not likewise demand the Kingdome and swore he would never gra●t those Articles whereby himselfe should be made a Servant So harsh a thing is it to a power that is once gotten out into the wide libertie of his will to heare againe of any reducing within his Circle Vpon this answer the Barons resolve to seize the Kings Castles constitute Robert Fitz-walter their Generall entituling him Mariscall of the ARMY of GOD a●d of HOLY CHVRCH A Title they would never have given their Generall or Army had they deemed this Warre unlawfull in Law or Conscience After which they tooke divers of the Kings Castles and are admitted into London where their number daily increasing they make this Protestation Never to give over the prosecution of their desire till they had constrained the King whom they held perjured to grant them their Rights Which questionlesse they would not have done had they not beleeved this Warre to be just and lawfull King Iohn seeing himselfe in a manner generally forsaken of all his people and Nobles having scarce 7. Knights faithfull to him another strong argument that the people and Kingdome generally apprehended this taking up armes against the King to regaine to preserve their hereditary Rights and Liberties to be lawfull counterfeits the Seales of the Bishops and writes in their Names to all Nations That the English were all Aposta●es and whosoever would come to invade them hee by the Popes consent would conferre upon them all their Lands and Possossio●s But this device working no effect in regard they gave no credit to it and found it apparantly false the King seeing himselfe deserted of all and that those of the Barons part were innumerable cum tota Angliae Nobilitas in unum collecta quasi sub numero non cadebat writes Mathew Paris another argument of the justice of this cause and warre in their beliefes and consciences at last condescended to grant and confirme their Liberties which he did at Running-Meade in such sort as I have formerly related And though the Pope afterwards for his owne private ends and interest bribed by King Iohn who resigned his Kingdome to him and became his Vassall without his peoples consent which resignation was judged voide excommunicated the Barons withall their assistance Qui Ioha●nem illustr●m Reg●m Anglorum Cruce signatum ET VASALLVM ROMANAE ECCLESIAE an honourable Title indeed for a King pers quuntur molientes ei Reg●um auferre which this Pope him selfe did but few yeares before giving his Crown and Kingdome it selfe to King Phillip of France which to save he sordidly resigned up to the Pope quod ad Ronanam Ecclesiam dignosci●ur pertinere Yet this Excommunication thus procured by bribery proceeding not out of Conscience to preserve the Kings due Rights but selfe-respects to support the Popes usurped interest and Title to the Realme and being a wicked plot of the King more wickedly ex●cuted by the Pope who as Matthew Paris writes was AD OMNIA SCELERA pro praemijs datis v●l promissis cereus proclivis and the London●rs Barons with divers Prelates then contemning it as pronounced upon false suggestions and especially for this cause that the ordering of temporall affaires belonged not to the Pope Cum Petro Apostolo ejus Successoribus non nisi Ecclesiasticarum

Chichester the day before the battle of Lewis against King Henry and his sonne who were taken prisoners in it by the Barons and 20000. of their Souldiers slaine absolved all that went to fight against the King their Lord from all their sinnes Such confidence had he of the goodnesse of the cause and justnesse of the warre In one word the oath of association prescribed by the Barons to the King of Romans brother to King Henry the third in the 43. yeare of his Raigne Heare all men that I Richard Earle of Cornewall doe here sweare upon the holy Evangelists that I shall be faithfull and diligent to reforme with you the Kingdome of England hitherto by the councell of wicked persons overmuch disordered and be an effectuall Coadjutor TO EXPELL THE REBELLS and disturbers of the same And this Oath I will inviolaby observe under pa●ne of losing all the lands I have in England So helpe me God Which Oath all the Barrons and their associates tooke by vertue whereof they tooke up armes against the Kings ill Councellors and himselfe when he joined with them sufficiently demonstrate their publicke opinions and judgements of the lawfullnesse the justnesse of their warres and of all other necessarie defensive armes taken up by the Kingdomes generall assent for preservation of its Lawes Liberties and suppression of those Rebels and ill Councellors who fight against or labour to subvert them by their policies In the third yeare of King Edward the 2 d this king revoking his great Mynion Piers Gav●ston newly banished by the Parliament into Ireland and admitting him into as great favour as before contrary to his oath and promise the Barrons hereupon by common consent sent the King word that he should banish Piers from his company according to his agreement or else they would certainely rise up against him as a perjured person Vpon which the King much terrified suffers Piers to abjure the Realme who returning againe soone after to the Court at Yorke where the king entertained him the Lords spirituall and temporall to preserve the liberties of the Church and Realme sent an honourable message to the King to deliver Piers into their hands or banish him for the preservatio● of the peace Treasure and weale of the Kingdome this wilfull King denies their just request whereupon the Lords thus contemned and deluded raifed an army and march with all speede towards New-Castle NOT TO OFFER INIVRIE OR MOLESTATION TO THE KING but to apprehend Peirs and judge him according to Law upon this the King fleeth together with Peirs to Tinemouth and from thence to Scarborough Castle where Piers is forced to render himselfe to the Barrons who at Warwicke Castle without any legall triall by meere martiall Law beheaded him as a subvertor of the Lawes and an OPEN TRAITOR TO THE KINGDOME For which facts this King afterwards reprehending and accusing the Lords in Parliament in the 7 th yeare of his Raigne they stoutly answered THAT THEY HAD NOT OFFENDED IN ANY ONE POINT BV● DESERVED HIS ROYALL FAVOVR for they HAD NOT GATHERED FORCE AGAINST HIM though he were in Piers his company assisted countenanced and fled with him BVT AGAINST THE PVBLICKE ENEMIE OF THE REALME Whereupon there were two acts of oblivion passed by the King Lords and Commons assembled in that Parliament Printed in the 2 d Part of old Magna Charta The first that no person on the Kings part should be questioned molested impeached imprisoned and brought to judgement for causing Pierce to returne from Exile or barboring councelling or ayding him bere after his returne The second on the Barons part in these words It is provided by the King and by the Archbishops Bish●ps Abbots Priors Earles Bar●ns and Commons of the Realme assembled according to our Command and unun mously assented and accorded that none of what estate or condition soever he be shall in time t● come be appealed or challenged for the apprehending deteining or death of Peirsde Gaveston nor shall for the said death be appr●hended nor imprisoned impeached mol●sted nor grieved nor judgement given against him by us nor by others at our suite nor at the suite of any other either in the Kings Court or elsewhere Which act the King by his Writ sent to the Iudges of the Kings Bench commanding that t●is grant and concord shall be firme and stable i● all its points and that every of them should be held and kept in per petuitie to which end he commands them to cause this act to be there inrolled and fi●mely kept for ever A pregnant evidence that the Barons taking up Armes then against this Traytor and enemie of the Realme in pursuance of the Act and sentence of Parliament for his banishment though the King were in his company and assisted him all he might was then both by King and Parliament adjudged no Treason nor Rebellion at all in point of Law but a just honorable action Wherefore their taking up Armes is not mentioned in this Act of oblivion seeing they all held it just but their putting Piers to death without legall triall which in strictnesse of Law could not be justified Now whether this be not the Parliaments and kingdomes present case in point of Law who tooke up armes principally at first for defence of their owne Priviledges of Parliament and apprehention of delinquents who seducing the king withdrew him from the Parliament and caused him to raise an Army to shelter themselves under its power against the Parliament let every reasonable man determine and if it be so we see this ancient Act of Parliament resolves it to be no high Treason nor Rebellion nor offence against the King but a just lawfull act for the kings the kingdomes honour and safety Not long after this the two Spensers getting into the kings favour and seducing miscouncelling him as much as Gaveston did the Lords and Barrons hereupon in the 14 th and 15 th yeares of his raigne confederated together to live and dye for justice and to their power to destroy the TRAITORS OF THE REALME Especially the two Spensers after which they raised an Army whereof they made Thomas Earle of Lancaster Generall and meeting at Sherborne they plunder and destroy the Spensers Castles Mannors Houses Friends Servants and marching to Saint Albanes with Ensignes displayed sent Messengers to the King then at London admonishing him not onely to rid his Court but Kingdome if the TRAITORS TO THE REALME the Spensers condemned by the Commons in many Articles to preserve the peace of the Realme and to grant them and all their followers Lette●s Pattents of indemnity for what they had formerly done Which the King at first denied but afterwards this Armie marching up to London where they were received by the City he yeelded to it and in the 15 th yeare of his Raigne by a speciall Act of Parliament the said Spensers were disinherited and banished the Realme for mis-councelling the king oppressing the people

people in the due subjection To th●s the Pope answered and wrote back to Pipin that he was best worthy and most profitable for the Realme to be admitted for King that ruled well the Commonalty by justice and prudence and the enemies thereof defended and subdued by his policie and manhood Aventine relates his answer more largely in these words I finde saith Zachary in the Story of Divine Scripture that the people fell away from their wretchlesse and lascivious king that despised the counsell of the wise men of the Realme and created a sufficient man one of themselves King God himselfe allowing their doings All Power and Rule belongs to God Princes are his Ministers in their Kingdomes And Rulers are therefore chosen for the people that they should follow the will of God the chiefe Ruler in all thing● and not do what they life● He is a true King that guideth the people committed to his charge according to the Prescript and Line of Gods Law all that he hath as power glory riches favour and dignitie HE RECEIVETH OF THE PEOPLE and the people MAY WHEN THE CAVSE REQVIRETH FORSAKE THEIR KING It is therefore LAVFVLL for the Franks and Germanes refusing this unkindly Monster Childericke to chuse some such as shall be able in warre and peace by his wisdome to protect and keep in safetie their Wives Children Parents Goods and Lives Which answer of the Pope recited and approved in our owne King Edward the Confessors Lawes and Childerickes deposition likewise Chap. 17. being declared to the Lords Barons and Commons of the Realme whom this Pope likewise wholly absolved from their allegiance to Childericke soone after they of one assent and minde proceeded and deposed and put downe their King and Governour Childericke being a Sott a foole abeast and one unfit to governe and closed him in a Monastery after he had reigned ten yeares in the Kings room by name onely which done they unanimously elected and crowned Pipin for their King By meanes whereof the Royall Line of Moroveus after 17 discents ended and the Crown was translated to Pipins blood Which act in point of policie is determined lawfull by Polybius who Writes That the reason why some Kingdomes became hereditary was onely this because their first Kings being vertuous and worthy men they were perswaded their Children would prove like them but if at any time they degenerat and prove otherwise and the posteritie of the first Kings displease the subjects they thenceforth make the Kingdome elective chusing Kings not according to their strength of body and mindes attempting great things but according to the difference of their will and reason manifested by their actions And by Aristotle who informes us That in Kingdomes confirmed in succession of blood this is to be numbred among the causes of their ruine that the Kingdomes descend to many contemptible and slothfull persons who although they obtaine no tyrannicall but Royall dignitie yet they live lustfully and proudly and so the Kingdome easily falls to ground and becomes a tyrannie the people being unwilling that such should rule over them and so either wholly alter the forme of government or make choice of a fitter King for the necessary preservation of the State yea this election in poi●t of Policie and Divinity too is justified and proved lawfull by Buchanan in his Book de Iure Regni apud Scotos by Iohn Mariana de Rege Regis Instit. l. 1. c. 3 5. by Pope Zachary in his forecited Epistle by King Edward the Confessor in his Laws c. 17. by a generall Councell of all the Peers and Prelates of France Convocato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VOLVNTATE OMNIVN Childericum solo nomine Regem à regni fastigio deponunt c. ac OMNIBVS GAVDEN●IBVS ET VOLENTIBVS Pipinum super Francos REGNARE FACIVNT writes Antoninus and in a word our Bishop Bilson himselfe an Anti-Puritane and great Royalist affirmes That if the King be a naturall foole distracted and altogether unable to governe as Childericke was any Realme by publicke consent and advice may choose another to govern them of which more before Pipin deceasing Charlemain and Charles the great his sons reigned joyntly over the Frenchmen by their joyous admittance Having now two Kings instead of one Lewes sirnamed the godly sonne of Charles the great a pious yet unfortunate Prince by meanes of his sonne Lothair was first imprisoned and then by a Councell and Parliament held at Compaygne by authority of the spirituall and temporall Lords and of that Parliament discharged of all rule and dominion as well of the Empire as of the Realme of France after that shorne a Monke and thrust into the Monastery of Saint Marke where he was strictly guarded and when some of the Nobles and people afterwards desired Lothair to release and restore him to his former dignity he answered them That the deposing of him was done by the whole Authority of the Land wherefore if he should be againe restored it must be by the same Authority and not by him onely After which by the Lords assents hee was restored Lewes and Charles after Lewes Balbus their fathers death were joynt Kings of France and being very young by a Parliament held at Meaux Lewes the Emperour their Vncle was declared to be more apt to rule the Kingdome of France then these Infants or Barnard their Guardian and these Children held by some illegitimate Whereupon by the greater number of voyces an Ambassadour was sent to the Emperour to come and take upon him the Rule of middle France which he comming to doe his Nephewes friends compounded with him and then caused these Infants to be c●owned and proclaimed Kings Charles the simple at his Fathers death Anno 895. being too yong to take upon him the charge of the Realme the Lords of France put him under good and convenient guiding and of assent they chose Eudo a man of great fame and worth to be King of the Land for the terme of his life and to guide the Land till Charles should come to his lawfull age whom they put under Eudo his tuition making him King in his stead who was crowned of Walter then Archbishop of Senys After which when Eudo knew he should dye he called before him the Lords and Nobles of France charging them by solemne Oath that after his death they should immediately crowne Charles for their King whom he had brought up with diligence in learning and all Princely vertues being then of age to governe Charles comming to the Crowne the Danes miserably wasted ●is Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and w●nt to the King shewing their misery and blaming his fearfulnesse and negligence that he no more for him resisted the Danes cruelty Whereupon he out of feare belike lest they should chuse another King to protect them compounded with Rollo chiefe Commander of the Danes giving him all Normandy

pursuit where of they raise an army of ten thousand men whereof he was made Generall they send Ambassadours to the Pope and Councill whereof Roderic was chief and upon a full hearing of the cause before Rup●rt Cardinall of ●aint Sabria the Popes Legat at Tholouse judgement was pronounced for the liberty of Spain and it was decreed That the German Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain which was afterwards confirmed by the customes of the people the consent of other Nations the publike resolution and judgement of Lawyers as Iac●obus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large The Generall History of Spain records that the Councill of Florence resolved that seeing the Kings of Spain had defended and conq●ered their Realms by Arms without any ayd from the Emperours they were free and exempt from all subjection and acknowledgement to the Emperours whereof we may read the Glosse upon the Chapter Adrianus Papa distinct 63. The like priviledge have the Kings of France the State of Venice the Kings of England and some others Which clearly demonstrates the Soveraign power of Kingdoms and Nations even over their Kings and Princes and that they may justly desend themselves and Elect other Princes when they are deserted or destroyed by them Anno 1083. Sacho Ramires king of Aragon to supply the charg●s of his wars against the Moors was sometimes forced to use the revenues of his Clergy his Treasure being not able to furn●sh so great a charge but the Bishops of his Countrey who affected nothing more but to enrich their own Order and State opposed themselves against him and afflicted him in such sort as putting him in a vain fear that he was damned for this cause They made him do Penance in the Church of Roda before Saint Vincents Altar in the presence and at the pursuite of Raymund Dolmare Bishop of that place the Bishop of Jarca and others and to confesse publikely that he had grievously offended Thus those good Fathers publikely insulted over their Soveraigne Anno 1091. king Alphonso granted this priviledge among other to Toledo That the City of Toledo might never be alienated from the Crown nor given upon any Title whatsoever to man woman or child Anno 1076. Sancho King of Na●arre was slain in battell by his brother Raymond thinking to reigne after him but the Navarroyes expelled him out of their confines disdaining that he should raigne over them who had embrued his hands in his kingly brothers blood and sending to Sancho Ramires 4. king of Aragon called him to raigne over them because their slain kings sonnes were ●oo young to raigne and protect them from their enemies by which meanes the kingdomes of Arragon and Navarre were united Veracha Queen of Castile a most lascivious open Adultresse by her unchast life so farre provoked her husband Alphonso that he was divorced from her made warre against her and confined her After which she still continuing in her lewdnesse the Nobility and States of Castile and Leon revolt from her take armes against her depose her from the Crowne and elect and crown her sonne Alphonso the 8. king An. 1122. allowing her onely a pension to support her life Alphonso King of Arragon by his last Will and Testament most solemnly ratified for the expiation of his sins gave divers crown Lands Tenements Revenues and Legacies to Religious houses and persons An. 1132. but being prejudiciall to the Crown his Will after his death was held void and not put in execution he being slain by the Moores An. 1134. the States of Arragon elected one Peter Tares for their King who growing exceeding proud of his new dignity began to despise the Nobles and abrogate the Lawes and customes of the Country And the Nobles being assembled at a general Assembly of the States going to visit him he comanded his Porter to shat them out saying that Mounsieur was busie about matters of great importance but they understood afterwards that the great affairs causing him to exclude his friends were his Barbar was trimming him which so incensed the Nobles and great men that the nex● day they held their generall Assembly of the Estates without the King where they first of all decreed to depose their new king because being ●in honour he had no understanding of himselfe and because they found he would grow more proud and insolent afterwards whereupon expelling Peter the Estates assembling at Borta elected Ramier a Monke brother to king Alphonso for their King who was much derided of his Nobles for his Monkish simplicity and at last turned Monk againe But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdome and being jealous that the Arragonoys by chusing a King of the blood Royall of Arragon would by this meanes aspire to the chief places of honour and favour in Court it was concluded that the Estates of Navarre should assemble at Pampelone where they chose Garcia Remi●es their King of Navarre and so the Realmes of Arragon and Navarre which had been u●ited 58. yeers were seperated in these two Kings The Kingdomes of Spain being often before and since this time united and divided as the people and Realmes assented or dissented thereunto Not to mention the troubles of Castile by reason of the nonage of their king Alphonso the fourth of whose custody and tuition the assembly of the Estates disposed or how some Knights of Castile slew a Iew with whom this king was so enamoured that he forgot his new Spouse and almost lost h●s sences A●no 1179. king Alphonso assembled the Estates of Castile at Burgon to leavie a Text upon the people whereto the Nob●litie as well as the rest should contribute imposing 5. Maravidis of gold for every person but it took no effect for all the Gentlemen of Castile being discontented that he sought to inf●inge their Liberties fell to armes and being led by the Earle Don Pedro de Lara they were resolved to resist this tax and defend their Liberties with the hazzard of their lives Whereupon Alphonso changed his opinion and let them understand that from thenceforth he would maintain their immunities and that whatsoever he had then propounded was not to continue but only to supply the present necessity of affaires which he would seek to furnish by some other meanes For the great resolution which Don Pedro de Lara shewed in this action the Nobility of Castile did grant to him and his successours a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence and thereby the Lords of Lara have the first voyce for the Nobility in the Court of Castile An. 1204. King Alphonso the Noble called a Parliament of the Lords Prelates and Deputies of the Townes of his Realm at Toledo to advise and assist him in his warrs against the Moores where they

Common-wealth without the Senates or Parliaments assent Neither can hee make new Lawes nor publickly command money in an extraordinary manner nor coine money nor nominate a Successor not with the Senate without the consent of the Nobility whether of Knights or Gentlemens Order By or out of whom all publicke Magistrates and Senators almost are chosen so as now the summe or cheifest power of the Republicke is residing in them So that the Kingdome and Republicke of the Polonians doth not much differ in reason from that of the Lecedae ●onians in ancient times and of the Venetians now An Oath is exacted of the new King when he is crowned to this effect That he shall raigne according to the Lawes and institutes of his Predecessors and will safely conserve to every order and man his right priviledge and benefit confirmed by former Kings nor will he diminish any of the borders or goods of the Realme but will according to his power recover those that are lost from others After all which the Senate sweare fealty to him c. The Revenues Tributes and Customes of the king are all reduced to a certainty the Nobles Clergie are exempted from Taxes The King by the Lawes of King Alexander is prohibed to alien to any one the Lands of the Crowne No new Lawes can be made nor old ones repealed but by the king Senate and Nobles assembled in Parliament And because there is wont to be in highest power a slippery and ready degree to Tyrannie certaine Senators and Councellours are adjoyned to the King who may direct his Councells And Actions to the safety of the Common-wealth and his judgements according to the Rule of justice and equitie and with their wholsome monitions and Councells may as there shall be occasion as it were with certaine living Lawes both informe his minde and moderate his power This Royall Sena●e much greater now then in times past consists of a certaine number of men w●ich wee call the Senators or Councellours of the REALME who are not admitted to the Councell without an Oath and this Office is perpetuall during life having certaine Honours and Magistracies thereto annexed partly Ecclesiasticall partly Civill It consists of 96. persons in all some of them Bishops others Palatines Knights Castellanes and other Officers of the Realme The Chancellor of the Realme may s●gne many things without the Kings Privitie and may deny to seale those things which are contrary to Law though the king command them Most of the great Officers and Magistrates are chosen in Parliament and cannot be displaced but in Parliament and that for some great offence Their Parliaments or Generall Assemblies of the States are held much like ours once every yeare at least and some times every fift or sixth moneth if there be occasion and then they are kept constantly at one place to wit at Pet●icow or Warsavia in the midst of the Kingdome unlesse it be upon some extraordinary just occasion and then the king by advice of this Councel may sommon the Parliament at another place It is provided by a Law within these 20 yeares That it shall not be lawfull to the King to make a warre without the assent of his Parliament and Great Councell and that the Nobles as oft as there is occasion shall at their owne costs without wages defend the borders of the Realme yet not without the King unlesse it be during the Interregnum but they may not be compelled to goe out of the Realme to any Forraigne warre without wages the Souldiers wages are reduced to a certainety and asseased by publicke consent in Parliament which Orders all Military and Civill Affaires So Cromerus For their carriage towards their ill Kings I shall give you onely a short account Miesco their second King being unfit to governe a man given wholly to his belly ease sleepe pleasure and governed by his Queene thereupon most of his subjects revolted from him and he dying the Polonians at first for many yeares refused to chuse Cazimirus his Son King least he should follow his fathers steps till at last after a long Interregnum when he had turned Monke they elected him King Bolestaus his sonne a man of a dissolute life given to lust and the pest of the Realme was excommunicated by the Bishop of Cracow for his wickednes for which cause he slew him Whereupon the Pope deprived him and Poland of the Crowne and absolved his Subjects from their obedience to him who expelled and forced him to flee out of the Realme into Hungary where he became mad and died My●zlaus the 10. King of Poland exercising tyranny every where upon his people by reason of his power and allies was deposed by his subjects and Cazimirus elected King in his stead He was three or foure times deposed and put by the Crowne Boleslaus who succeeded Henry was deprived of the Monarchy Henry was surprised and most strictly imprisoned Boleslaus was slaine by his Nobles and Vladisiaus Locktect elected King in his stead ravishing virgins Matrons and not reforming things according to promise the Nobles hereupon assembling together An. 1300. abrogated his election as pernicious and chose Wenceslaus King of Bohemia King in his place And not to recite more ancient histories of such like nature King Henry the third of Poland was elected and sworne King upon conditions Which he was to performe Anno 1574. After which he secretly departing out of Poland without the assent of the Nobles to take possession of the Crowne of France within 3. monthes after his Coronation in Poland the Polonians sent Messergers after him to Ferrara Iune 16. 1574. who denounced to him that unlesse he returned into Poland before the 12 of May following they would depose him and elect another King Which he neglecting they in a generall assembly of the Estates at Wa●sa●ia deprived him of the Crowne and elected a new King the Chancellor and greatest part of the Counsellers elected Maximilian the Empero●r Some others with the greater part of the Nobility desiring to have one of the Polish blood elected Anne sister of their deceased King Sigismund giving her for husband Stephen Battery Prince of Transylvania and proclaimed him King The Emperour making mary delayes Stephen in the meane time enters Poland marrieth Anne and is crowned King by generall consent Febr●ary 8. 1576. who tooke this memorable Coronation Oath prescribed to him by the Nobles I Stephen by the grace of God elected King of Poland great Duke of Lithuania c. promise and sacredly sweare to Almighty God vpon these holy Evangelists of Iesus Christ that I will hold observe def●rd and fulfill in all conditions articles and points therein expressed all Rights Liberties Securitus pri●●●●dges publike and private not contrary to the common Law and Liberties of both Nations justly and lawfully given and granted to the Ecclesiastickes and s●culars Churches Princes Barons Nobles Citizens in h●bita●ts and any other persons of what state and condition so ever by my go●ly

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 Monarc●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 governme●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

Crowne deposed him renounced their allegiance to him and set up his sonne King Edward the third in his Throne as you may reade at large in Walsingham Polychronicon Caxton Fabian Grafton Hollinshead Speed Stow Howes Daniel Mr. Fox and others who have written the History of his life In the yeare 1341. the 15. of Edward the third his reigne the Popish Lords Prelates and Commons in Ireland summoned a Parliament there by their owne authority without and against the Kings or Deputies consents wherein they framed divers Questions and Articles against the Kings Ministers there imployed which the Irish Annals record at large refusing to appeare at the Parliament there summoned by the Kings authority and Officers I reade in the Statute of 21 R. 2. c. 12. and our Historians have a touch of it That the Duke of Glocester and the Earles of Arundel and Warwicke assembled forcibly and in great number at Harengy and so came in such manner forcibly to the Kings Palace at Westminster arraied in manner of marre that the King might not then resist them without great perill of his body and destruction of his people so that by coertion and compulsion the said Duke and Earles made the King to summon a Parliament at Westminster the morrow after the Purification of our L●dy the eleventh yeare of his reigne Which Parliament so begunne the said Duke and Earles in such forcible manner continued and in the same did give many and divers judgements as well of death of man as otherwise upon divers of the Kings liege people and did give judgement of forfeitures of lands tenements goods and cattels whereof they be convict of high Treason and also for certaine questions which were demanded by the King touching his estate and regality of certaine of his Iudges then at Notingham the same yeare And for their answers of the same given to the King upon the same questions the same Iustices were forejudged of their lives and judgement given against them of forfaiting their Lands Goods and Chattels and the said Duke and Earles made divers Statutes and Ordinances in that Parliament at their will the summons whereof was made expressely against the right of the Kings Crowne and contrary to the Liberty and Franchese of his person and Royall estate Whereupon it was by this packed over-awed Parliament and Act annulled revoked and holden as none as a thing done without Authority and against the will and liberty of the King and the right of his Crown Yet it continued in full force for 10. yeares space during which time there were 8 Parliaments held which would not repeale it and by the Parliament in 1 H. 4. c. 3 4. this Parliament of 21 R. 2. was repealed with all the circumstances and dependants thereof the Parliament and Statutes of 11 R. 2. Revived and 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 this Realme After this in the 23 yeare of King Richard the third when he had yeelded himselfe prisoner to Henry Duke of Lancaster the Duke comming with him to London sent out summons for a Parliament to be holden the last of September in the Kings name sore against his will and enforced him first to resigne his Crowne unto him and afterwards caused him to bee judicially and solemnely deposed by consent of all the States of the Realme in Parliament for certaine abuses in his Government objected against him The whole manner of which resignation deprivation and proceedings you may reade at large in our Histories These Popish Prelates Lords and Commons enforcing their Kings to summon all these Parliaments with others which I pretermit might seeme to have some legall colour from the ancient Law of King Alfred who in an assembly of Parliament Enacted this for a perpetuall Custome That a Parliament should be called together at London TWICE EVERY YEARE OR OFTNER in time of Peace to keepe the people of God from sin that they might live in peace and receive right by certaine usages and holy judgements And from the Statutes of 4 E. 3. c. 4. 36 E. 3. c. 10. backing this ancient Law which enact That for the maintenance of the Lawes and Statutes and redresse of divers mischiefes and grievances which daily happen a Parliament shall be holden EVERY YEARE ONCE and MORE OFTEN IF NEED BE. Now these Lawes would have beene meerely voyd and ineffectual if these Kings who were obliged by their Coronation Oathes to observe them refusing to call a Parliament as often as there was need or at least once every yeare according to the purport of these Lawes might not be constrained by their Nobles Prelates people to summon them in case they peremptorily refused to call them of their owne accords or upon the motion or petition of their Counsell Lords and Commons Whereupon in the Bill newly passed this Session for a Trienniall Parliament for time to come there is speciall provision made how the Parliament shall be summoned and convented by the Lords Commons and great Officers of the Realme themselves without the Kings concurrent assent though by his Writ and in his name in case of his neglect or wilfull refusall to summon one within that time Neither is this a thing unusuall in other parts In the Generall Councell of Nice An. 363. Canon 5. it was decreed That a Councell should be held TWICE EVERY YEARE in every Province to regulate the affaires and abuses of the Church The Councell of Antioch Can. 20. appoints two Councels to be held every yeare in every Province the one the third weeke after Easter the other upon the 15. of October to heare and determine all Ecclesiasticall causes and controversies And in the 1. Councell of Constantinople Can. 3. The Councell of Africke Can. 18. Pope Leo the first in his Decretall Epistles Epist. 4. c. 17. The Counsell of Chalcedon Can. 19. the third Counsell of Toledo under King Reccaredus An. 600. cap. 18. the fourth Counsell of Toledo under King Sisenandus An. 681. The Greeke Synods Collected by Martin Bishop of Bracara cap. 18. the second Counsell of Aurelia Can. 2. the third at the same place Can. 1. and the fourth Can. 37. the second Synod of Towres Can. 1. the fifth Counsell of Aurelia cap. 22. the Counsell at Hereford under King Egfred An. 670. in Beda's Ecclesiast Hist. l. 4. t. 5. Pope Gregory the first in his Decretall Epistles lib. 7. Registri Epist. 110. the sixt Counsell of Constantinople Can. 8. the Counsell of Antricum Can. 7. the Counsell of Maseon Can. 20. Pope Gregory the third his Decretall Epistles The Synod of Suessons under King Childeric the Counsell under King Pepin at the Palace of Vernis An. 755. cap. 4. The Counsell of Paris under Lewis and Lothaire An. 829. l. 3. cap. 11. The Counsell of Melden An. 845. cap. 32. With sundry other Counsells decree that a

declinat ad injuriam Dicitur enim Rex à bene regendo non à 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 vivat quia hoc sanxit Lex humana quod leges suum ligent latorem alibi in eadem Digna vox Majestate regnantis est legibus alligatum se Principem profiteri Item nihil tam 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 armatum armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. t● 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need feare this Supream prerogative power of Parliaments which hath laine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists attribute farre more divine authority and Soveraigne Iurisdiction 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 that a Generall Councell is above the Pope and may upon just cause though they all plead his Soveraignety to be jure divino and his person most sacred terming him his Holinesse in the abstract not onely convent and censure the Pope for his misdemean●urs 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. Iohn 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 Wormes and Brixia against Hildebrand the Councell of Pisa summoned An. 1511. of purpose to depose Pope Iulius for his perjury experimentally manifest and sundry popish Writers acknowledge Now the Councell of Basil as I shewed before defined That the whole Kingdome or Parliament hath as great power over their Kings as a Councell hath over the Pope Therefore by Papists verdicts they are above the King in point of Soveraigne power as a Councell is above the Pope which Iohn Mariana de Rege Regis Instit. l. 1. c. 3. to 10. professedly proves at large 12. That Court which may lawfully censure 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 Gods Ordained of God Gods Ministers To decree iudgement 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 Kings and their Authorities 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 Willam Longchamp Bishop of Ely Chiefe Justitiar 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 misdemeanour and oppressions Pierce Gaveston and the two Hugh Spencers in Edward the seconds reigne of banished by Parliament and violently put to death though the Kings highest Officers and darling Minions Michael De la pole with other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peeres in Parliament together with Tre●ilian Belknap and their fellow Judges who misadvised him in point of Law Humphrey Duke of Glocester protector to king Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered Cardinall Wolsey that powerfull favourite to king Henry the eight accused and put from his Chancellorship and other Offices by the Parliament The Duke of Sommerset Lord protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Deputy of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our stories and records Nay Queenes themselves have undergone the censures of Parliament of which we have sundry precedents in king Henry the eight his reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to menion the Parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants and of the extraordinary traine and expences of the Kings owne Court and gifts for which I finde these following Presidents with others collected by Mr. William Noy himselfe as is reported his Majesties late Atturney Generall An. 1634. in a Manuscript entituled A Declaration c. passing under his name Anno 3 Ed. 3. the houshould was reformed by the petition of the people An. 1 R. 2. the houshold was brought to such moderation of expense as may be answerable to the revenue of the Crown in and by Parliament Anno. 5 6 R. 2. the Commons petition was that the excessive number of the Kings meniall servants may be remedied or else the realme would be utterly undone and that his houshould might not exceed the ordinary revenue of the realme Anno 4 H 4. the people crave a reformation of the Kings house Anno 7. that he would dismisse some number of the retinue since it was now more chargeable and lesse honourable then his progenitors and that the ancient Ordinances of the houshold in ●ase of the people might be kept and the Officers of the houshold sworne to put the Ordinances and Statutes in due execution and to consider the griefes of his Subjects by unjust purveyance contrary to the Statute that hereafter he might live OF HIS OWNE GOODS IN EASE OF HIS PEOPLE Which the King willingly doth as appeareth by an Ordinance in Counsell whereby the charge of the houshold is limited to 16000. markes Anno 12 18 H. 6. the charge of the Kings house is reduced to a certainty lessened by petition and order in Parliament Anno 12 E 4.

Castile Anno 1247. The Lawes and Customes of Arragon were reduced into writing by King Iames his appointment and compacted into one body having till that time been observed onely by tradition which Volume was confirmed by the Estates held at Huesca And the same yeere the King of Castile erected a kind of Chancery and standing Court of Parliament of 12. learned men which followed the Court. Anno 1254. Thibald the 2. king of Navarre being but 15. yeers old at the descent of the crown unto him was at 25. yeers of age declared of full age and crowned King in the great church of Pampelone where he did sweare TO PRESERVE AND AUGMENT THE PRIVILEDGES OF THE COVNTRY Afterwards he doing homage to the king of Castile for the Realme of Navarr● as his predecessours had done before him and making such a peace with him as the prelates Knights and Commonalties of the Realme in the States had approved yet divers knights and the Inhabitants of the Borough of S● ●●rmin of Pampelone disallowed this homage this peace and would not subscribe to it as tending to the kings dishonour whereupon the king did punish them by sines but his choller being past some few dayes after considering they were good and faithfull subjects loving his honour and greatnesse and that they resisted his will out of true love and zeale which they owed to the Crowne and their Countrey hee caused their F●nes to be restored Alphonso the 3. fifth King of Por●●gall putting away his 〈◊〉 wife Mahauis without cause after he had children by her and marrying 〈◊〉 hereupon when by no intreaties of Friends or the Pope he would entertaine his first wife again he was excommunicated by the Pope and his Realme interdicted 10 or ●● yeerspace continuing still obstinate till his first wife dyed after which he was absolved Anno 1260. and in some yeere following there were divers 〈◊〉 concerning the Crown Lands and setling of Portions for the King of A●ragons younger children moved and determined in the Assembly of the Estates of Arragons and the Nobility complaining that their King Iames did b●●ake 〈◊〉 made many Leagues and Factions This matter being debated 〈…〉 Saragossa and then at Exea in the yeare 1265. for pacifying these troubles they enacted That no honours nor military fees should be given to any but to Gentlemen of race and born in the Countrey That no Gentleman should be subject to the 〈◊〉 of Cattell nor to any other That in all controversies which the Nobility might have against the king or among themselves the Magistrate called the Iustice Ma●or of Arragon should be Iudge being assisted by the Councell That the King should not give the fees and Military rewards allotted to them that doe him service as are co●peace of their vertue and valour to any of his lawfull children who by right have their portions in the Realme Anno. 1274. Iames King of Arragon comming to the Councell of Lions desirous thereto be crowned by the hands of Pope Gregory a ceremony whereof he made great account the Pope refused him unlesse he would acknowledge himselfe vassall to the church of Rome and pay the arrerages of the rent which the deceased King Don Pedro his Father had promised the which King Iames would not doe holding it an unworthy thing so to d●base the greatnesse of his Crowne and restraine the Liberty of his Realme in any sort And this yeare there were great and continuall Tumults in Arragon the Nobility opposing themselves against the King for composing which differences the Estates of Arragon assembled in Parliament at Exea where king Iames tooke the government and managing of the affaires of the Realme from his sonne Don Pedro and diverse great Dons were there condemned of contumacy and their Lands confiscated by the Iustice Major of Arragon In this Assembly the Nobility pleaded the Priviledges of Catteloyne That the Nobility might quit the Kings obedience in case of controversies and suites especially if there were question of their Liberties and to protest it publikely Anno 1265. Denis the infant King of Portugall desired his Grandfather Alphonso King of Castile to discharge the Realm of Portugall of the homage and vassallage it ought to the King of ●eon who thinking it would be taken ill by the Noblemen his Subjects advised the infant to propound it in an open Assembly called to that end The opinion of Don Nugno de Lara was that by no meanes he should diminish the authority and greatnesse of his Crown which he should doc if he did quit this homage to the King of Portugall For which opinion the King growing angry with him the residue fearing the kings displeasure advised him to doe it Whereupon the Realme of Portugall was freed from all homage and subjection due to the Kings of Leon and Castile For which prodigality the other Nobles and D. Nugno were so much discontented that they made a League with the King of Granado against their own King for dismembring Portugall from the Crown of Leon to pacifie which differences the King used many mediations and at last called an Assembly of the Estates at Burgos the which was held without the Towne for the safety of these Confederates That great Astronomer Alphonso King of Castile who presumed to controule the Author of Nature saying That if he had been at the Creation of the world hee should in many things have been of another opinion and amended Gods workmanship was a most willfull indiscreet unfortunate Prince for his eldest sonne Fernand dying in his life time leaving Alphonso and other issue males behind him Don Sancho his second son resolved to dispossesse his Nephews of the kingdom saying That it was fit that he who was a Knight and learned to govern a Realme were it in warre or peace should raigne after his Father rather then his Nephews sons of his eldest brother who were very young having need of Regents and Governours charges which were affected by great personages who by reason thereof grew into quarrels one with the other to the oppression of the people and hazzard of the Estate After which Don Lope Diaz of Haro pressed the King to declare Don Sancho his sonne his successour in the Realmes of Castile Toledo Leon and other places being his eldest sonne then living to which he giving a cold answer at first having afterwards assembled the Estates in Segobia he was by the King and the Estates consent declared and received as heire to the Crown after his Fathers decease Fernands children being disinherited of their right which fact was then excused and justified because there was no law at that time which did binde the King much lesse the Estates to leave the Realme more to one sonne then to another since which there was a law made and received in the time of Fernand the 5. in the City of Taro where it was decreed by the Estates upon this difficulty That the Children of the elder brother deceased representing their fathers

dishonourable peace with the Moors to release the Tribute which they payed him formerly and after much media●●on he concluded a Peace thorowout all the Realm with his discontented Subjects This Prince thinking to raign more securely had taken a course of extream severity shewing himself cruell and treacherous to his Nobility whereby he was feared but withall he lost the love and respect of his subjects so as he was no sooner freed from one danger but he fell into another worse then the first his Nobles holding this for a Maxime That a Tyrant being offended will at some time revenge himself and therefore they must not trust him upon any reconciliation who to pacifie the troubles which had grown by his own errour had made no difficulty to sacrifice upon the peoples spleen his own Mignions degrading and in the end murthering condemning them as Traitors after their death yea the Princes of his own blood taking their goods estates and depriving the lawfull Heirs seeking to reign over free men and generous Spirits as over beasts entreating them as base and effeminate slaves who might not speak their opinions freely in matters of State and Government of which they were held dead members and without feeling Whereupon D. Manuel and other Nobles as men endued with understanding reason and not forgetting the nature of Alphonso who was proud a contemner of all laws and treacherous they proceeded so farre as to withdraw themselves from his subjection by protestation and publike act and entred into a league with the King of Portugall incensing him to take up Arms for their defence Where upon King Alphonso having some feeling that cruelty was too violent remedy for men that were Nobly borne he sought by all milde and courreous meanes to divide them and to draw some of them to his service which he effected and so more easily conquered and reduced their companions An. 1337. was founded the Town of Alegria of Dulanci in the Province of Alava and many Villages thereabout the which obtained from the King the priviledges and Lawes of the Realm whereby the inhabitants should govern themselves with libertie to chuse their own Iudges Don Pedro the first king of Castile surnamed the cruell most tyrannically murthering and poysoning divers of his Nobles and subjects without cause banishing others quitting Blanch his espoused wife within three dayes after his marriage to enjoy the unchaste love of Doxna Maria de Paedilla by whom hee was inchanted which much troubled the whole Court divorcing himselfe without colour by the advice onely of two Bishops without the Popes assent from Blanch and marrying Jane of Castro in her life time Hanging up divers Burgesses of Toledo causlesly for taking the Queens part too openly and among others a Goldsmiths sonne who offred to be hanged to save his fathers life causing his own brother Don Frederick and divers Nobles else to be suddenly slain Anno 1358. poysoning and murdering likewise divers Noble Ladies among others Don Leonora his own Aunt after which Anno 1360. he murthering two more of his own brethren executing divers Clergy men and Knights of Castile banishing the Archbishop of Toledo putting divers Jews as Samuel Levy his High Treasurer with his whole family to death to gain their Estates and causing his own Queen Blanch to be poysoned after she had long been kept prisoner by him Anno 136● Hereupon his cruelties rapines and murders growing excessive and the Popes Legat denouncing him an utter Enemy to God and man Henry Earle of Transtamara his brother with other Fugitives getting ayde from the King of Navarre entred Castile with an Army where by the Nobles importunity he tooke upon him the title of King of Castile and Leon which done the whole Kingdom long oppressed with D. Pedro his Tyranny immediately revolted from him so that in few dayes Henry found himselfe King of a mighty great Kingdom almost without striking stroke the people striving who should first receive him such was their hatred to the Tyrant Pedro who being doubtfull what to doe fled with two and twenty Ships out of his Realme to Bayon craving ayde of the English to revest him in his Kingdom mean time king Henry assembling the Estates at Burgon they granted him the tenth penny of all the Merchandize they should ●ell in the Realm to maintaine the warres against Pedro who getting ayde from the English upon conditions accompanied with the valiant Black Prince of Wales entred with a great Army into Spain where the Prince writing to Henry voluntarily to resign the Crown to Pedro his Brother to avoyd the effusion of Christian blood he made answer That he could not hearken to any accord with him who had against the law of nature taken delight to murther so many of the blood Royall and other great personages of Castile who had not respect of the Lawes of the Countrey and much lesse of God falsifying his Oathes and promises having no other rule in his actions but his Tyrannous passions Whereupon battell being joyned Henry was conquered and Pedro restored But hee discontenting the English and others who had reseated him in his Kingdome by his insolency and Tyranny and the Biscaniers refusing to be under the command of strangers whom they would never consent to be put in possession of their Countrey and with all falling to his former cruelties and courses contrary to the advice of his friends and Astrologers he so estranged the hearts of all from him that the English returning and Henry receiving new forces from the French entred Castile suddenly and conquered the Tyrant who being betrayed into K●ng Henry his hands as hee was taking his flight by night King Henry stabbed him with dagger in the face and at last getting him under him slew him with his dagger for his excesse and tyranny Anno 1368. and raigned quietly in his steed I might prosecute and draw down the Histories of all the Spanish Kings and Kingdomes from his dayes till this present which are full fraught with presidents of this nature ●o prove all the Kings of Spaine inferiour to their Kingdomes Assemblies of the Estates Lawes resistible deprivable for their Tyrannyes but because those who desire satisfaction in this kinde may read the Histories themselves more largely in the generall History of Spaine in Ioannis Pistorius his Hispanie Illustratae where all their chiefe Historians are collected into severall volumnes and in Meteranus and Grimstons Histories of the Netherlands I shall for brevity sake pretermit them altogether concluding with one or two briefe observations more touching the Gothish and Arragonian Kings in Spain which will give great light and confirmation to the premises First for the Antient Kings of the Gothes in Spain Aimoinius and Hugo Grotius out of him confesse that they received the Kingdom from the people revocable by them at any time and that the people might depose them as often as they displeased them and therefore their acts might be rescinded and nulled by the people who

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 T●●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 Cape●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 cōmoly 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