the Parliament of 5. Henry 4. Num. 16. Upon certain prayers and requests made before by the Commons divers times touching the removing of divers persons as well aliens and others by reason of divers destructions by them moved and for certaine Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament and by the said Lords it was specially accorded That four persons to wit the Kings Confessor the Abbot of Dâ—ne Master Richard Derham and Crosseby of the Chamber shall be quite ousted and voided out of the Kings house whereupon the ninth of February the said Confessor Master Richard and Crosseby came before the King and Lords in Parliament and there the King in excusing the said four persons said openly that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold notwithstanding our said Lord the King well considered that what the said Lords and Commons shhall do or ordaine was for the good of him and of his Realme and therefore he would conforme himselfe to their intentions and did well agree to the said Ordinance which charged the said Confessor Master Richard and Crosseby to avoid his said Court and like charge should have beene given to the said Abbot had he been present And our Lord the King said further That he would doe the like with any other which was about his royall Person if he was in hatred or indignation with his people And Numb 37. To the end that good and just government and remedy may bee made of divers complaints grievances and mischiefs shewed to our Lord the King in this Parliament our Lord the King to the honour of God and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm for the ease and comfort of all his Realme hath ordained certain Lords and others underwritten to be of his great and continuall Councell to wit the Archbishop of Canterbury the Bishop of Lincolne Chancellour of England the Bishops of Rochester Winchester Bath and Bangor the Duke of Yorke the Earles of Som merset and Westmerland the Lord Roos Treasurer of England the Keeper of the Great Seale the Lord Berkley the Lord Willoughby the Lord Furnevall the Lord Lovell Mounsier Pierce Courtney Master Hugh Waterton Master Iohn Cheyne Master Arnald Savage Iohn Northbury Iohn Doreward Iohn Cawson In the Parliament of 7. 8. Henry 4. Numb 31. The 22. day of May the Commons came before the King and his Lords in Parliament and then Iohn Tibetot their Speaker reheased how they had prayed the King in the beginning of the Parliament and after to increase the number of his Councell for the better government of the Realme and prayed the King to put it in execution and further rehearsed how that the Archbishop of Canterbury had reported to them That the King would be counselled by the most sage Lords of the Realme the which ought to have the survey of all that which shall be done for the good government of this Realme which thing the King agreed to doe and rehearsed with his own mouth That it was his entire will And thereupon a Bill made by the King himselfe by his own will was delivered containing the names of the Lords which shall be of his Councell the tenour of which Bill ensueth It is to bee remembred that our Lord the King considering the great labours occupations and diligence which he ought necessarily to imploy about the good government of his Realme and other his possessions as well on this side the Sea as beyond it First of all for the preservation of our Lord the King and of his Crowne and that the revenues of the same may be the better collected to his profit and increase as much as a man may justly doe to the end that he may the better sustaine his honourable estate And secondly for the confirmation of the Lawes and Statutes of the Realme to the end that equall right may be done to every one as well poor as rich Our Lord the King of his proper and good will desirous to be supported in the foresaid causes because that he cannot attend thereunto in proper person so much as he would for the great love and good affiance which he hath among others in the most revered Fathers in God the Archbishop of Canterbury the Bishops of Winchester and Excester the Duke of Yorke the Earle of Somerset the Lord Roos the Lord Burnet the Lord Lovell the Lord Willoughbie the Chancellour Treasurer and Keeper of the privie Seale the Steward and Chamberlaine Master Hugh Waterton Master Iohn Cheyney and Master Arnald Savage hath chosen and charged them to be of his counsell praying and commanding them that in all the foresaid causes they will put to their intire diligences for the profit of our said Lord the King and likewise for the confirmation of the Laws and Statutes aforesaid In the Parliament of 2. Henry 6. num 15. After divers speciall requests of the Commons of the Realme being in the present Parliament made to my Lord of Glocester Commissary of the King and to other Lords Spirituall and Temporall there for to have notice and conusance of the persons assigned and elected to be of the Kings Councell to their great ease and consolation By advice and assent of all the Lords Spirituall and Temporall aforesaid were elected and named certaine persons as well spirituall and temporall to be Councellours assistant to the governance of the Realm whose names here ensue The Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worcester the Chancellour Treasurer and Keeper of the privie Seale the Duke of Excester the Earle of March the Earle of Warwick the Earle Marshall the Earle of Northumberland the Earle of Westmerland the Lord Cromwell the Lord Fitz-Hugh the Lord Bourchier the Lord Scroop Master Walter Hungerford Master John Tiptoff Thomas Chaucer William Allington In the Parliament of 29. Henry 6. num 16. Vpon the Petition of the Commons against divers Lords Bishops Knights Esquires and others to the number of 29. who mis-behaved themselves about the royall Person of the King and in other places by whose only meanes it was suggested the Kings possessions had been greatly diminished his Laws not executed the peace of the Realm not observed to the great hurt and trouble of the liege people of the Realm and likely subversion of the same of which misbehaviour universall noise and clamour was openly received thorowout all the Realme upon the same persons specified in the Petition all of them except the Lords and some few others without further evidence against them were by the King now removed from his presence and Court for a whole yeeres space within which time any man that could and would object against any of them should be patiently heard and intended to These few fresh Presidents added to the precedent
the mediation of timorous men he made peace with the Barons for a time promising inviolably to observe the Provisions of Oxford that all the Kings Castles thoroughout England should be delivered into the custody of the Barons that all Aliens within a certain time should void the Realm except those who should be thought faithfull thereunto by the unanimous consent of the Kingdom and that faithfull and profitable natives of the Realm should thenceforth dispose of the affairs of the Kingdoms under the King But THE QUEEN instigated with foeminine malice contradicted it all she could which made the people revile and cast dirt and stones at her as she was going to Windsore enforcing her to retire again to the Tower How William Longshamp Bishop of Ely Lord Chancellour of England Earl John and others when they disturbed the peace of the Realm and turned Malignants were apprehended besieged imprisoned excommunicated and their Goods and Castles seised on by the Lords and Commons one of Parliament yea during the time of King Richard the first his absence and captivitie you may read at large in Roger de Hovedon Holinshed Daniel and others Why then the Lords and Commons in Parliament may not now much more do the like for their own and the whole Kingdoms safety I can yet discern no shadow of reason I will not trouble you with Histories shewing what violent unlawfull courses Kings and People have sometimes used to raise moneyes in times of warre by sacriledge rapine and all manner of indirect means I rather wish those Presidents and their occasions buried in eternall silence then reduced into practise and verily perswade my self that every ingenuous true born Englishman who bears a reall naturall affection to his Countrey or a Christian love to his Brethren the Parliament and Religion will according to his bounden duety the Protestation and Covenant which he hath taken rather freely contribute his whole estate if need so require towards the just defence of his Countrey Libertie Religion and the Parliament against the treacherous Conspiracies of the Pope Jesuites forraign Catholikes Irish Rebels English Papists and Malignants who have plotted their subvertions then repine at or neglect to pay any moderate Taxes which the Parliament shall impose or inforce the Houses to any extraordinary wayes of Levying Moneyes for want of ordinary voluntary supplyes to maintain these necessary defensive warres I shall close up all in a few words The Parliament hath much against their wills been inforced to this present defensive warre which they have a most just and lawfull power to wage and manage as I have elsewhere evidenced by the Fundamentall Laws of the Realm yea by the Law of God of Nature of Nations This warre cannot be maintained without Moneyes the sinews of it wherefore when voluntary contributions fail the Houses may by the same Laws which enabled them to raise an Army without the King impose necessary Taxes for the maintaining of it during the warres continuance else their Legall power to raise an Army for the Kingdoms defence would be fruitlesse if they might not Levy Moneyes to recrute and maintain their Army when raised which Taxes if any refuse to pay they may for this contempt be justly imprisoned as in cases of other Sudsidies and if any unnaturally warre against their Countrey or by way of intelligence advise or contribution assist the common Enemy or seduce or withdraw others by factious slanderous speeches against the Power and Proceedings of the Parliament from assisting the Parliament in this kinde they may for such misdemeanours upon conviction be justly censured confined secured and their estates sequestred rather then the Republike Parliament Religion or whole Kingdom should miscarry It is better that one should perish then all the Nation being the voyce of God Nature and resolution of all Laws Nations Republikes whatsoever If any hereticall scismaticall or vitious persons which may poyson others with their pernicious false doctrines or vitious wicked lives appear in the Church they may after admonition if they repent not yea and de facto are or ought to be excommunited the Church and societie of all faithfull Christians so as none may or ought to converse with them till their repentance If this be good Law and Divinitie in the Church the banishing and confining of pestilent Malignants in times of warre and danger must by the self-same reason be good Law and Divinitie in the State I have now by Gods assistance notwithstanding all distracting Interruptions Avocations Remoraes incountring me in this service ran through all Objections of moment which the King or any opposites to this Parliament have hitherto made against their proceedings or jurisdictions and given such full answers to them as shall I trust in the generall abundantly clear the Parliaments Authoritie Invocency Integritie against all their clamarous malignant Calumnies convince their Judgements satisfie their consciences and put them to everlasting silence if they will without prejudice or partialitie seriously ponder all the premises and ensuing Appendix which I have added for their further satisfaction information conviction and the confirmation of all forecited domestick Laws Presidents by forraign examples and authorities of all sorts And if any shall yet continue obstinate and unresolved after so many convincing Reasons Presidents Authorities or still retain an ill opinion of the Parliaments proceedings I shall desire them onely seriously to consider the most execrable conspiracy of the Pope Jesuites and Popish party in all His Majesties three Realms to extirpate the Protestant Religion subvert the Government Parliament and poyson the King himself if he condescend not to their desires or crosse them in their purposes whom they have purposely engaged in these warres still continued by them for this very end to enforce the King to side with them and so gain possession of his person to accomplish this designe of theirs as is cleerly evidenced to all the world by Romes Master-Peece the English Pope the Declaration of the Lords and Commons concerning the Rise and Progresse of the Irish Rebellion and then advisedly to consider in what great present danger the Kingdom King Parliament and Religion are when the Popish Partie and forces now in Arms have gained the Kings Princes and Duke of Yorkâ—s persons into their custodie the Cities of Chester and of late Bristoll the Keyes of England with other Ports to let in all the Irish Rebels upon us to cut our throats in England as they have cut above an hundred and fortie thousand of our Protestant brethrens throats already in Ireland it being one part of their designe now presently to be executed as appears by sundry Examinations in the Irish Remonstrance for which end some thousands of Irish Rebels who have all embrued their hands there in English bloud are already landed here and are in great favour and command about the King To which if they adde the omnipotent over-ruling power of the Queen the Head of that partie with the
Councell for the warre by whose warrant under five of their hands at least all the moneys they granted were to be issued and exported for and towards the uses expressed in the Act to such person or persons as the said Councell of warre should direct and that both those Treasurers and this Councell of warre and all other persons trusted with the receiving issuing bestowing and imploying of those moneys or any part thereof their heires executors and administrators should be answerable and accomptable for their doings and proceedings therein to the Commons in Parliament when they shall be thereunto required by Warrant under the hand of the Speaker of the House of Commons for the time being and thereby they and every of them according to their severall places and imployments shall give a true and ready declaration and account of their severall respective dealings doings and proceeding therein and that the said Commons in Parliament shall have power by this Act to heare and determine the said account and all things thereto appertaining And withall they in this Act prescribe a speciall oath to the Treasurers Not to issue out any moneys without the Warrant of the Councell of war under their hands And another oath to the Councell of warre To make no Warrant for any moneys issued which are given by this Act but for some of those ends which are expressed therein and that to the best of their meanes they should imploy the said moneys accordingly and that freely without requiring any reward or allowance whatsoever Which presidents with others forementioned made His Majesty return this Answer to the Petition of the Lords and Commons touching the Articles delivered February 2. 1641. For the securing you from all dangers or jealousies of any His Majesty will be content to put in all the places both of FORTS and MILITIA in the severall Counties such persons as both Houses of Parliament shall either approve or recommend unto Him so that you declare before unto His Majesty the names of the persons whom you approve or recommend unlesse such persons shall be named against whom He shall have just and unquestionable exception And thus much by way of supplement touching the Militia Concerning the Parliaments interest and right in electing and removing the Officers of the realme and the Kings meniall servants I shall onely adde these Precedents to the forementioned In the Parliament rolls 4 E. 3. Num. 1. Foure Bishops foure Earles and foure Barons were assigned to the King without whose consent or of foure of them no great businesse was to be transacted 14 E. 3. Num. 36. in the Parliament rolls The Parliament agreeth that the Duke of Cornwall be Custos of England during the Kings absence in the warres of France In the Parliament rolls of 1 R. 2. Num. 18. 19. The Commons requested first that it would please the King to ordaine and nominate to them now in this present Parliament some sufficient persons of divers estates to be continually resident of his counsell for the affaires of the King and of the realme and to have the Officers of the King of such persons who best knew and would and might most diligently travell for the redresse of the foresaid mischiefes and the good government and salvation of the realme so that the Commons may be clearely ascertained of the names of those Counsellors which shall be disbursers and orders of that which they shall grant for the warres and thereby to have greater encouragement to doe to our Lord the King that which they have in charge concerning him as if aforesaid Also that it would please them to ordaine and nominate in this Parliament the persons which shall be about or have the custody of the person of our Lord the King himselfe who is of such tender age and that those persons shall be of the most vertuous honestest and sufficientest of the Realm so that our said Lord who is a person sacred and anointed be nobly governed and brought up in good vertues and manners to the pleasure of God whereby all the Realme may be secured and amended and that it be likewise ordained that our Lord the King and his house be governed with good moderation and defray his expences onely out of the revenues of the Realme and other rights and seigniories of his Crowne And that all that which shall be granted to our Lord the King in maintenance of his wars shall be applied and expended in the warres and no part thereof otherwise in aid and discharge of his said commonaltie In the Parliament of 11. Richard 2. Num. 23. The Commons pray That no person of what state or condition he be should meddle with any manner of governance about the person of our Lord the King nor with the businesses of the Realm nor yet to councell our Lord the King but those Lords which are assigned and ordained in this present Parliament if it be not by ordinance of the continuall Councell and by assent of our Lord the King upon grievous paine And the same Lords which shall bee about the person of our Lord the King and of his Councell shall cause to remove all the persons which they think fit to remove in the houshold of our Lord the King without shewing favour to any and to put others in their places whom they shall think sufficient and vertuous And that the said Lords of the Councell be charged to keep and sustain the estate of our Lord the King in ' its regalty and to doe and use that which may turne to the honour and profit of our Lord the King and of his Realme to their power according to the form of the Oath contained in a Schedule made in this present Parliament annexed hereunto to the intent that it may be notoriously known thorowout all the Realme that good and sufficient Councell is about the person of our Lord the King to the comfort of all his Commons and firme assurance and establishment of the Realme aforesaid the which Oath was made in forme ensuing You shall swear That you will not assent nor yet suffer as much as in you lieth That any Judgement Statute or Ordinance made or given in this present Parliament be any way annulled reversed or repealed in any time to come and moreover That you shall keep the good Laws and usages of the Realme afore these times made and used and shall firmely keep and cause to be kept good peace quiet and tranquillity in the Realme according to your power without disturbing them in any manner So helpe me God and his Saints The Answer As to the first point of this Article the King wils it And as to the second point If there be any Lord of the Councell or other Lord of the Realme which will informe the King That he hath any person about him not sufficient nor honest he wils that it being proved he shall be outed and removed and another sufficient by his advice put in his place In
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 walled his Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and went 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 and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne to Edward the Elder into England Whereupon that the Land might not be without a Ruler the Lords of France assembled at Paris and there tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Laon he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife whom he unlawfully put from him and to renounce Mary whom he had married in her stead And calling a Parliament they concluded that King Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to govern the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe throughout France which before that time was never heard nor spoken of by his absolute Prerogative without consent of his Estates in Parliament which had the sole power of imposing Taxes Which Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe Lewes 11. of France dying without issue male left his Queen great with child whereupon Philip his Brother reigned as Regent of France till the childe was borne which proved a male named Iohn who dying soone after Philip was crowned King at Paris albeit that the Duke of Burgoyn and others withstood his Coronation and would have preferred the Daughter of King Lewes But other of the Lords and Nobles of France would not agree that a woman should inherit so great a Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Feaâ—â—r Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxe Charles the fifth of France having a purpose to drive all the English cut of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe he was to use therein Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice and by their wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Whereas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Councell then they contemne and set them at naught or else fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and seditious speeches ensue among the people and so at length most dangerous rebellion or else open conspiracy against the Prince as Bodin observes This Charles dying without Issue Maie leaving his Wife great with Childe Philip Earle ofValoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall resolution of the Lords and Parliament was That for an old Decree and Law by Authority of Parliament long before made which the English much oppugned that no woman should inherite the Crowne of France therefore the Title of Edward by might of the Frenchmen was put by and Philip by an Act of the whole French State by which his right was acknowledged admitted to the Government of the same After
people that partly out of revenge partly to prevent further oppressions and to provide for their owne securitie corrupting his servants with money they sent their agents into his chamber in the night and slew him Not to mention the murther of King Duncan by Machbed who usurped his Crowne through his pusillanimity this Machbed omitting no kind of libidinousnesse cruelty and tyrannizing over the people for 18 yeares space together trusting to the predictions of certaine wisards that he should neven be overcome till Bernane wood did come to Dunsinane Castle and that he should never be slaine by any man borne of a woman At last Mackduffe governour of Fiffe joyning himselfe to some few patriots who had escaped this Tyrants sword met at Bernane wood and early in the morning every man bearing a bough in his hand the better to keepe them from discovery tooke Dunsinane Castle by scalado whence Machbed escaping was pursued overtaken and urged to fight bp Mackduffe to whom the Tyrant replyed in scorne that in vaine hee attempted his death for it was his destinie never to be slaine by any man borne of a woman Now then said Mackduffe is thy fatall houre come for I never was borne of a woman but violently cut out of my mothers wombe she dying before I was borne which words so daunted the Tyrant though otherwise valiant that he was easily slaine and Malcolme Conmer the true heire of the Crowne seated in the Throne King Donald being odious and cruell to his subjects they sent for Duncan Malcombes bastard who expelled him the Realme and was created King in his steed who proving harsh cruell and Imperious to his Subjects fell into their hatred and was beheaded in the night by Marpender Earle of Murry corrupted with money by Donald to murther him Donald permitting the Isles to be taken and possessed by Magnus King of Norway and suffering his Realme to be wasted by a secret agreement thereupon the Scots sent for Edgar Malcombes sonne to take possession of the Crowne who entring into Scotland with small forces Donald being deserted by his people betooke himselfe to flight but being apprehended and brought backe to Edgar he was cast into prison and not long after dyed King Malcolme the fourth at a Parliament at Yorke parting with divers of his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred that upon his returne they beseiged him at Barwick and almost tooke him prisoner but by the mediation of some of his Councell who informed the Nobles that the King was by violence fraud circumvented by the King of England of the ancient patrimony of the Crowne land they resolved to recover it by war the Scottish Nobility affirming that the king had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament This King after some encounters making a peace with the English upon unequall termes wherein he parted with some of his ancient territories out of his pusilanimity against his Nobles consent hereupon he grew so odious and contemptible to them that they were all weary of his government and caused many to take up Armes and Rebell against him After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King and the government of the Realme during the Inter-regnum where first of all they appointed fix men to rule the Realme for the present and then heard and discussed the severall Titles pretended to the Crowne the finall determination whereof they referred to King Edward the first of England as to the Supreame Soveraigne Lord of the Realme who selecting 12. Scottish and 12. English Councellors to assist him After full hearing by generall consent of all adjudged the Crown to Iohn Baylioll husband to King Alexanders nightest Kinswoman The Scots considering his simplicity and unaptnes to governe them and scarce confiding in him being an Englishman and elected by the K. of England cōstituted them 12. Peers after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose advise the King and all the affaires of the Realme were to be governed and directed He was taken and kept prisoner by the English After the death of Robert Bruce the Scots before their King was crowned created a Vice-Roy to govern the Realme who suppressed the theeues and Robbers Edward Bayliol sonne to Iohn Bayliol succeding Bruce was afterwards rejected and deposed by the Scots for adhereing too closely to the English K. Edward and David Bruce elected K. in his place Robert the 2 d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented thereunto but his Nobles being against it his assent alone was in vaine because the King of Scotland alone can make no firme peace nor truce nor promise which shall bind but by publike consent in Parliament King Robert the 3 d. dying of griefe for the captivity and imprisonment of his Son Iames taken prisoner by our King Henry the 4 th as he was going into France the Scots hereupon appointed Robert his uncle by common consent for their Vice-roy till Iames the first of that name right heire of the Cowne were enlarged Iames being freed and Crowned summoned a Parliament wherein an ayde was granted him to pay his ransome with much difficulty he had many Civill wars with his Subjects and at last was murthered by Robert Grame and his confederats from whom he received 28. wounds in his Chamber in the night wherof he presently died Iames the 2. his son being but 7. yeares old at his death Alexander Leviston was chosen Protector and William Crichton made Chancellor by Parliament Which the Earle Douglas storming at committed many insolencies in a hostile manner After which Alexander and his faction opposing the Chancellor and commanding that none should obey him the Chancellor thereupon fortified Edenborough Castle and as the King was hunting early in the morning seized upon him with a troop of Horse brought him to Edinburgh Castle where he detained him from the Protector till the peace of the Kingdom and present divisions should be setled which lasting very long by reason of Earle Douglas his ambition power and covetousnes who raised many grievous civill wars he was at last stabbed to death by the King himselfe Anno 1452. contrary to his promise of safe conduct to the Court under the Kings and Nobles hands and seales Wherupon his brethren and Confederats meeting at Sterling resolved to revenge his death and tied the Kings and Nobles writing of safe conduct to an horses taile which they led through the streets of Sterling railing at the King and his Councell as they went and when they came into the market place where they had 500. trumpets sounding they by an Herald proclaimed the King and all that were with him fedifragus perjured and enemis of all good
further reliefe in the easiest way to support his warres the Lords condescended to grant the ninth sheafe of all their corne and the ninth fleece and Lambe of all their flockes to the King for the two next yeares so as the custome of Mal-tolt newly imposed on Wools should be released and this grant not drawne hereafter into custome as a precedent to their prejudice Who acquainting the Commons therewith they after deliberation As to the Kings supply returned this Answer Num. 8 9. That they thought it meet the King should be supplyed and were ready to ayde him as they had alwayes formerly beene but yet as the ayde was granted in this case they durst not assent to it untill they had consulted and advised with the Commons in the Country for which end they craved time to goe into their Counties and that Writs might issue to summon another Parliament on the Octaves of Saint Hillary of the richest Knights in every Shire at a short day to come which was condescended to After which Num. 9 10 11. they gave this answer in writing concerning the three Articles propounded to them First As to the keeping of the peace of the Realme that the Justices of the Peace had sufficient power already to that purpose onely they adde that disturbers of the peace should not be let out of Prison but upon sufficient Bayle and that no Charters of pardon should be granted to Felons but by common consent in Parliament and all other pardons held as voyd To the second they answered That the King before his going beyond the Seas had taken so good order and appointed such sufficient Guardians to defend the Marches of Scotland who were best able to guard those parts that the enforcement of them by the Kings Councell would be sufficient without any charge to the Commons Only they ordered that every man who had Lands in the Marches of Scotland of what condition soever they were should reside upon them to defend them as it had beene formerly ordained without charge to the Commons To the third concerning the guard of the Seas The Commons prayed that they might not be charged to give Counsell in things of which they had no conisance or charge and that they were advised that the Barons of the Ports which at all times have honours before all the Commons of the Land and are so enfranchized to guard the Sea betweene us and strangers if so be it fals out that they will enter and assaile our Land that they contribute to no aydes nor charges on the said Land but receive profits without number arising by the Sea for the Guard aforesaid Wherefore the Commons are advised that they ought to maintaine a guard upon the Sea as the Commons do upon the Land without taking or demanding wages Likewise there are other great Townes and Havens which have a Navy that are in the same case and are bound to guard the Sea And as for the safeguard of the Watch-houses upon the Sea by Land let the guard of them be made by the advice of the Knights of the Shire where the said Guardians are assigned in the safest manner that may be without charge of the Commons And that the people of the Land of what condition soever which have lands on the Coast shall keepe residence upon those Lands the better to repulse the enemies from the Land so that for their abiding there they shall be discharged to give any aide toward the same guard elsewhere Num. 13. The Commons frame and demand a generall pardon upon grant whereof they promise to aide the King with monies Num. 14. They make an Ordinance for increase of monies in the Realme Num. 15. Because the ships of England went not out together in Fleetes to trade but severally out of desire of gaine and covetousnesse and so many of them were taken by the Enemies of the King and the men slaine and murthered to the dishonour of the King and the whole Realme it was agreed and assented in full Parliament that all the Navy should stay and be arrested till further order were given to the contrary Num. 16. It was accorded and assented in Parliament that the Bishops and Lords in the Parliament should send Letters to the Archbishop of Yorke and the Clergy of his Province under their Seales to excite them to grant a convenient ayd for the guard of the Marches of Scotland for the defence of the Church the Realme and themselves as the Clergy of the Province of Canterbury had done Num. 17. It is accorded that Master Robert de Scardeburgh shall be put into the Commission which shall be sent into the Country of Yorke to survey the Array of the people which shall be chosen for the defence of the Realme in lieu of Sir Thomas de Blaston That Sir Richard Chastell shall be put in the Commission to survey the Array in the Counties of Notingham and Denby and John Feriby in the County of Lancaster Num. 18. It is assented that the people of Holdernes shall be Arrayed taxed and make ayde for the guarding of the Marches of Scotland and other businesses of the King in those parts notwithstanding the Commission made to them to guard the Sea Num. 21. The Lords who have Lands towards the Marches of Scotland are commanded and prayed by writs and Letters to repaire thither for defence thereof namely the Lords of Ros Wake Mowbray Clifford and Master William Daubeny Steward of the Earle of Richmond and that those who could not in this case goe in proper person should send their people to the Lords in the Marches In the second Parliament held this yeare by appointment of the first Octabis Hilarii 13. Ed. 3. Num. 2. 5. Edward Duke of Cornwall Guardian of England in the Kings absence being hindered by other businesses to be present in this Parliament by Letters Patents under the Kings great Seale appointed the Archbishop of Canterbury and others to supply his place and hold the Parliament Num. 6 7 8 9. The Commons for the defence of the Realme Sea and Marches of Scotland granted the King thirty thousand sackes of Wooll and the Earles and Barons the ninth sheafe Fleece and Lambe within their Demesne Lands and agreed to raise a great summe of money presently to set out a fleet of Ships to Sea fraught with men of armes and archers for defence of the Realme Num. 10. All the Merchants of England were summoned by writ to appeare at Westminster in proper person to conferre upon great businesses concerning the Kings honour the salvation of the Realme and of themselves Num. 11. The Mariners of the Cinque-ports upon their departure promised to make their ships ready by Mid-Lent and were to receive a summe of money to helpe defray their charges herein and the men of the Cinque-ports promised to defray the moity of the costs and the Kings Counsell the other moity but not in name of wages but out of speciall grace and
Counties of Nottingham Derby Yorke were to goe to Newcastle upon Tine at the Countries charges and then to receive the Kings wages and those of Westmerland Cumberland and Lancashire to marth to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled should lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the County of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwicke Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about it The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumberland and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten Barges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons
said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if it should please the King that Mounseur de Guyen because he is the most sufficient person of the realme shall goe to the same Treaty And the King said that he liked it well if it pleased the said Lord de Guyen and thereupon Mounseur de Guyen said that he would with a very good will travell and doe any thing which might turne to the honour and profit of the King and of his realme In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the custody of the Town and Castle of Calice the Towne of Risbanke the Castles of Hamures Marke Oye Stangate Bavelingham and of the Castle and Dominion of Guynes in Picardy to be made to Humfrey Duke of Glocester his unkle in the presence of the Lords spirituall and temporall then being in the present Parliament was on the 29 day of October read before them which being understood and mature deliberation taken thereupon the severall reasons of the said Lord being heard it was at last by their assent and consent agreed and ordered that the said Duke should have the custody of the said Towne Castles and premises to the end of nine yeeres then next ensuing which Charter was subscribed by all the Lords there present In the Parliament of 31 H. 6. Num. 41. pro custodia Maris it was enacted For as much as the King considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea and others His Subjects using the Trade of Merchandises have been oftentimes grievously imprisoned distressed put to great sufferances and ransomes and their Ships Vessels and Merchandises of great value taken upon the Sea by his enemies and also Merchant strangers being under his leageance amity safegard or safe conduct upon the Sea have been robbed and spoyled against the forme and contents of such truces and safe conducts signed His Highnesse willing and intending sufficiently to provide for the remedy of such inconveniences and to eschew and avoyd all such robberies and dispoylers HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament assembled desired certaine great Lords of this realme that is to say Richard Earle of Salisbury John Earle of Shrewsbury John Earle of Worcester James Earle of Wiltshire and Iohn Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of warre to intend with all diligence to their possibility the safeguard and keeping of the Sea For which cause the subsidies of Tonnage and Poundage granted to the King for his naturall life this Parliament that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY OF THE SAME were granted to the said Earles and Lord Sturton and the survivers of them for three whole yeeres with power for them to appoint Collectors to receive and collect them in every Port without rendering any account so as they kept the covenants and endentures made between the King and them for the safegard of the Seas with a proviso that this Act during the three yeeres should not be prejudiciall to the custome of the Towne or Castle of Calice or Rishbanke for the payment of the wages and arreares of the Souldiers there And over that if the goods of any of the Kings liege-people or any of his friends be found in any Vessell of the Kings enemies without any safe conduct that then the said Earles and the Lord Sturton shall take and depart it among them and their retinue without any impeachment according to the Statute thereupon made In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament in these words For as much as the Earles of Salisbury Shrewsbury and Worcester and the Lord Sturton besought the Kings Highnesse in this present Parliament that it might like his Highnes and Excellency of his Noble grace to have them clearely discharged of the keeping of the Sea the King therefore and for other causes moving his Highnesse BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of Iuly the 23 day of the same Parliament admitted their desire and would that the said Earles and Lord Sturton or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding and ended at Westminster be from the 30 day of July fully discharged of the keeping of the same and that IT SHOULD BE ENACTED OF RECORD In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY THEREOF ordained and established that his dearest cosin Richard Duke of Yorke rightfull heire to the Countries of England and France and of the Lordship and Land of Ireland have and take upon him the power and labour to ride into the parts of England and Wales where great rebellions murders riots spoylings executions and oppressions be used committed and attempted to represse subdue and appease them And also to resist the enemies of France and Scotland within the realme And further granted ordained and established by the said advice and authority that every Sheriffe with the power and might of his Sheriwicke and every Major Bailiffe Officer Minister and Subject of the said realme of England and of Wales shall attend upon his said cousin for the said intent as the case shall require and to the same intent be ready at the command of his said cousin and the same obey and performe in like case as they ought to doe at his commandement after the course of the Lawes of England and in Wales after the customes there c. And to cite no more presidents in so cleare a case in the Parliament of 21 Iacobi ch 33. The Temporalty having granted three intire Subsidies and three Fifteenes and tenths to King James towards the maintenance of the warres that might then suddenly insue upon the breach with Spaine and more particularly for the defence of the realme of England the securing of Ireland the assurance of the states of the united Provinces with the Kings friends and allies and for the setting forth of the Navy-royall did by that Act for the better disbursing of the said ayd and mannaging that warre according to the Parliaments true intention by that very Act wherein they gave the Subsidies did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys and appointed ten Lords and Knights particularly named in the Act to be of the Kings
b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do really and legally represent all the Commons and the Lords and they the whole Realm and all the people of England so that what ever Tax is imposed and assented to by them or by both Houses onely without the King who represents no man but Himselfe alone is in point of Law imposed and assented to by all the Commons and whole Realm of England as the recitals in all our Statutes and Law-bookes resolve though the King assent not to it If therefore as our Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor and the like by all or the greater part of the Corporations Parishioners Tenants and Taxes imposed by them for the Common good as repairing of Churches High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings assent Then by the same or better reason the impositions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament representing the whole Commons and Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought in point of Law to oblige all the Subjects in this case of necessity at least as long as the Parliament continues sitting and this their representation of them remains entire especially being for the necessary defence of the Parliament Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremity This I shall further cleare by some ancient and late judgements in point Mich. 14 Ed. 2. rot 60. in the Kings Bench William Heyborne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Nor guilty the Jury found a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Markes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe nothing but by his consent as a servant to him and the Commonalty of Durham therefore he was no trespasser Which case was agreed for good Law by all the Judges in the late Case of Ship-money argued in the Exchequor Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance whereof they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted The Lords and Commons considering what a solâ—mne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Protestant Religion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the samâ— c. as in the Protestation made by both Houses consents when fullest And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament for the necessary defence of the Realm the Subjects Parliaments Priviledges Rights and the Reformed Religion all actually invaded endangered by an Ordinance of both Houses without the Kings consent then absent from and in open hostilitie against them impose a generall Assessement upon all the Subjects NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES And for non-payment prescribe a distresse c. Why this Assessement in this case of necessitie being thus made by assent of both Houses and so of all the Kingdom in them in pursuance of this Protestation should not as legally yea more justly oâ—lige every particular subject though the King assented not thereto as well as that agreement of the men of Durham did oblige them even in point of Law Justice Conscience transcends my capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searcheâ— and measured before they were sold and that a penny should be paid for every Cloth for the Officer that did the same and that six shillings eight pence should be forfeited for every Cloth not brought thither and searched was good to binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assert of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assessing of a certain summe of Money upon every Inhabitant for the erecting of Courts there the Term being then adjourned thither from London by reason of the Plague with a pâ—nalty to beâ—lâ—â—yed by distresse for non-payment of this Tax
great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicegerent was by the advice of the major part of the Lords for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects To the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friends and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgaine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pressing the people with quotidian taxes and tallages and the spirituall men with dismes and other exactions he was at length discharged of that dignitie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke or Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lewes the eleventh 〈◊〉 Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as
and terms of the Oath And not being able to agree of themselves both parties submitted to the judgement of king Philip Augustus and of his Court of Parliament furnished with Peeres So that by order given at Melum in Iuly 1204. the form of the said Oath was prescribed and registred in the Parliament Register at request of the said parties and sent unto Otho to render it to the said Pope Innocent who sent this assurance and Certificate to the said Parliament for Registring it being performed Innocentius Episcopus servus servorum Dei charissimo filio nostro Philippo Francorum Regi charissimo salutem Apostolicam benedictionem absque dubitatione noveritis quod secundum formam a vobis Curiae Regni vestri paribus praescriptam habetur apud nos jusjurandum charissimi Filii nostri Othonis Romanorum Regis illustris aurea Bulla munitum nobis Ecclesiae praestitum Ego Otho Romanorum Rex semper Augustus tibi Domino meo Innocentio Papae Ecclesiae Romanae spondeo polliceor juro quod omnes possessiones honores jura Romanae Ecclesiae proposse meo bona fide protegam ipsam ad eas retinendas bona fide juvabo Quas autem nondum recuperavit adjutor ero ad recuperandum recuperatarum secundum posse meum ero fine fraude defensor quaecunque and manus meas devenient sine difficultate restituere procurabo Ad hanc autem pertinent tota terra quae est de Radicafano usque ad Ceperanum Exarcatus Ravennae Pentapolis Marchiae Ducatus Spoletanus terra Conitissae Mathildis Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI Has omnes pro posse meo restituam quietè dimittam cum omne jurisdictione districtu honore suo Veruntamen cum adrecipiendam Coronam Imperij vel pro necessitatibus Ecclesiae Romanae ab Apostolica sede vocatus accessero demandato summi Pontificis ab illis terris praestationes accipiam Praetereâ— adjutor ero ad retinendum defendendum Ecclesiae Romanae REGMVM SICILIAE Tibi etiam Domino meo Innocentio Papae Successoribus tuis omnem obedientiam honorificentiam exhibeo quam devoti Catholiâ—â— Imperatores consueverunt Sedi Apostolicae exhibere Stabo etiam ad consilium arbitrium tuum de bonis consuetudinibus populo Romano servandis exhibendis de negotio Tusciae Lombardiae Et si propter negotium meum Romanam Ecclesiam oportuerit inâ—urrere guerram subeniam ei sicut necessitas postulaverit in expensis Omnia vero praedicta tam juramento quam scripto firmaho cum Imperâ—â— Coronam adeptus fuero Actum Aquis-Grant Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto mense Marcij Regni nostri septimo William Rishanger Monk in the Abbey of Saint Albane in England continuer or the History of Matthew Parts observeth under the year 1263. that the king of England Henry the third and the Barons of England who made warreupon him committed their whole difference and quarrell to be judged by the Parliament of France Vt pax reformaretur inter Regem Angliae Barones ventum est adistud ut Rex proceres se submitterent ordinationi Parliamenti Regis Francâ—ae in the time of Saint Lewis in praemissis provisionibus Oxoniae Nec non pro depraedationibus damnis utrobique illatis Igitur in crastino S. Vincentij congregato Ambianis populo pene innumerabili Rex Franciae Ludovicus coram Episcopis Comitibus alijsque Francorum proceribus solemniter dixit sententiam pro Rege Angliae contra Barones statutis Oxoniae provisionibus ordinationibus ac obligationibus penitus annullatis Hoc excepto quod antiquae Chartae Joannis Regis Angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare In this Parliament at Amiens were present the King of England Henry the third Queen Elenor his wife Boniface Archbishop of Canterbury Peter Bishop of Hereford and Iohn Maunsell and on the Barons of Englands side a very great number of choice elected Lords who the same year repasted back into England after the Parliament as the same Monk speaketh Thus Favino in the behalfe of the French Parliaments concerning whose power and priviledges you may read much more in him and others But to returne to the former History The Queen Mother was much discontented with this Remonstrance of the Parliament pretending that they had an intent to call her Regency in question which all had commended that they could not speak of the Government of the affaires of the Realm without touching her c. Whereupon she commanded the Chancellour to give them this answer in the kings name That France was a Monarchy wherein the king alone commanded helding his Realm Soveraignly from God That he had Lawes and Ordinances by which to governe them for the which he was not to give an account to any man That it did not belong unto the Parliament to controll his Government That they neither could nor ought to complain of the Queens Regenâ—â— which had been so happy That the Queen was not to give an account of her Regency but to God onely That no man could prescribe unto the King what Councellers he should entertain c. with many other such bigge words After which there was a Decree made in the Councell of State against the Decree and Remonstrance in Parliament disanulling and revoking them as void and forbidding the Parliament hereafter to meddle with affairs of State The Court of Parliament in generall complained much of this Decree the kings learned Councell refuse to carry or cause it to be read in Parliament because it would cause an alteration of the good affections and devotions of the Kings good subjects and the dis-union of the greatest companies of the Realme who administer justice which makes kings to Reigne After which this controversie was compremised and the Decree of the Councell against the Parliament suspended and not enrolled Soon after the prince of Conde with divers others seeing all things disordered at Court and little or no reformation of their former grievances desert Paris expressesse their grievances in sundry letters and Articles of complaint wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three Estates of the Decree and proceedings against the Iurisdiction Remonstrance and proceedings of the Parliament of Paris Of suffering some Councellors of State to usurpe all the power of the Kingdom to pervert the Lawes and change all things as they list with sundry other particulars In these they intreat and exhort all men of what condition or quality soever that call themselves Frenchmen to assist and ayde them in SO IVST A CAVSE conjuring all Princes and forraign Estates to do the like and not to suffer such good and loyall subjects to
men and then spoiled and burned the Towne Coâ—ntry with all places else that were firme to the King betweene whom and the kings party a bloody civill warre to the spoyle of the Countrey continued above two yeares space with various successe till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon whose sonne James the 3. being but 7. yeeres old was proclaimed king in the Campe and the Queen Mother made Regent till a Parliament might be called to settle the government but when the Parliament assembled upon the Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government they Elected 6. Regents to governe the King and Realme during his minority After which Bodius was made Vice-roy This king being seduced by ill Courtiers and Councellors which corrupted him thereupon divers of the Nobles assembling together resolved to goe to the Court to demand these ill Councellors and seducers of the King and then to execute them which they did accordingly and that with such fury that when they wanted cords to hang some of them they made use of their horses bridles and every one strave who should be forwardest to doe this execution The king promising reformation was dismissed but in steed of reforming he meditated nothing but revenge blood and slaughter in his minde and plotting secretly to murther the Nobles in Edenburg by the helpe of Earle Duglasse he detesting the fact and revealing the Treachery thereupon the Nobles who formerly desired onely his reformation tooke up Armes to destroy him as one incorrigible and implacable whereupon they made the Kings sonne Vice-roy and knowing the kings perfidiousnesse would yeeld to no termes of peace unlesse he would resigne up his Crown to his son which he refusing thereupon they gave him battle and slew him as a common enemie After which calling a Parliament they created his son Iames the fourth king who comming under the power of the Duglasses rescued himselfe at last from them and invading England Anno. 1542 when he proclaimed Oliver Sincleer his favorite Generall the Scottish Nobility tooke it in such indignation that they threw downe their weapons and suffered themselves to be taken prisoners whereupon the king growing sicke with griefe and anger soone after dyed Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland and heire to the Crowne being within age her mother Queene Mary by common consent was made Regent and shee by common consent and councell of the Nobles married to Francis Dolphine of France In the meane time there hapning some troubles and warres about the reformed Religion which many of the Nobles and people there contented for the Queene Mother granting those of the Religion a confirmation of their liberties and Religion by way of Truce for 6 moneths she in the meane time sends for Souldiers out of France wherewith she endeavoured to suppresse Religion with the remaining liberty of the Scots and to subject them to the French Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties by a common decree in Parliament deprived the Queene Mother of her Regencie make a league with our Queene Elizabeth being of the reformed Religion and receiving ayde both of men and money from her besieged the Queene Mother in Edenburgh Castle where she dyed of griefe and sicknesse After which they expelled the French and procured free exercise of the Reformed Religion In the meane time Francis dying the Queene sends for Henry Steward out of England where he and his Father had beene Exiles marries and proclaimes him king Iuly 29. 1564. which done she excluded the Nobility from her Councells and was wholly advised by David Ritzius a Subaudian whom she brought with her out of France and did all things by his Councell wherewith the Nobles being much discontented finding him supping with the Queene in a little Chamber commanded him to rise out of the place which did little become him and drawing him out of the Chamber stabbed him to death Anno. 1565. The Queene soone after was delivered of a sonne and heire Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her setting him over all affaires of the Realm granting nothing to any petitioner almost but by him and her husband Steward being dead whether of a naturall death or poyson is yet in controversie she married Bothwell openly without the Lords and Parliaments consents Hereupon the Nobles tooke up armes against Bothwel and the Queen besieged the Queen till she rendred her selfe prisoner upon this condition that she should adjure and resigne her interest in the Crowne and Kingdome to her infant sonne which they compelled her to performe and appointed Iames Earle of Morton Vice-roy and Protector during the Kings Minority In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine where corrupting Duglasse her keeper the Earle of Mortons Nephew and a shipmaster she escaped to the Hamiltons in safety who having raised Forces to free her waited her comming on the shoare But the Vice-roy scattering these forces soone after the Queene thereupon fled into England Anno. 1568. Where Queene Elizabeth taking her expulsion ill laboured that she might be restored to the Crowne which could not be effected but by Armes or mediation and neither of them without knowledge of the cause Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England to answere the complaints of their Queene against them which they did in a writing composed by Buchanan and afterwards Printed both in Latine and English wherein they shewed the grounds and order of their proceedings against their Queene wherewith the Queene and Councell were satisfied that they had proceeded rightly and orderly yet to keepe both sides in suspence she pronounced no definitive sentence The Vice-roy departing into Scotland was afterwards murthered by the Hamiltons and Matthew Steward Earle of Leseux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Northfolke about a match with him and to seise upon the Realm of Scotland whereupon he was committed to the Tower and she restrained after which she was solemnly arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death c. and for it beheaded at Fotherringham Castle Feb. 8. 1587. The History of which Queenes life is more at large related by Buchanan and others and her imprisonment and Deposition professedly justified as lawfull by his Treatise De Iure Regni apud Scotos compiled for that purpose to which I shall referre the Reader What the Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes Liberties by holding generall Assemblies Parliaments taking up armes seising the Forts and Ammunition of the Realm and marching into England against the
both of the Church and Christian world but especially of the sacred Empire Therefore resolving that this mischiefe destructive to the whole Christian Republike was by no meanes to be any longer borne and tolerated with a minde well confirmed after many and various debates and consultations both betweene our selves as also with other Princes and Nobles of the sacred Empire seriously had for the safety of the Church the consolation of the Christian world the honour and profit of the sacred Empire we have thought meet that the foresaid Lord Wenceslaus should at this time be wholly removed from the Roman sacred Empire and all its dignity as one that is negligent and a destroyer of the Empire and unworthy of it Therefore we John Archbish in the name of the foresaid Lords Coelectors of the sacred Empire and our owne moved both with the commemorated as also with many other notable defects and causes by this our sentence which we give and pronounce by this our present writing DEPRIVE and REMOVE the foresaid Lord Wenceslaus aâ— an unprofitable negligent waster and unworthy Defender of the sacred Empire from the foresaid Roman Empire and from all his degree dignity and Dominions appertaining to the same denouncing to all the Princes Nobles Knights Gentlemen Cities Provinces and Subjects of the sacred Roman Empire that they are altogether free from all homage and Oath made to the person of Wenceslaus in the name of the Empire requiring and admonishing them under the faith of the Oath wherewith they are obliged to the sacred Empire that they doe not henceforth obey and submit to the said Lord Wenceslaus as the King of Romans nor exhibit or suffer to be exhibited to him any right obedience tribute rent or any other revenue bâ— what name soever it may be called but reserve the said duties for a profitable and idoneous King of Romans hereafter to be substituted by Gods gracious assistance In assurance and testimony of all which things We John Archbishop of Mentz have caused this present Instrument to be made by the subscribed Notaries in this patent forme and our great Seale to be affixed thereunto This premised sentence was read and pronounced by us John Archbishop of Mentz in our name and the names of the Lords Coelectors before remembred under the Castle Lonstein at the Rhene in the Diocesse of Triers reaching towards Brubachium out of a publike Throne erected for the use of a Tribunall the Lords Coelectors sitting there in judgement in the yeare of our Lords Incarnation 1400. the eight indiction on Saturday the twentieth day of the month of August a little before the time of the Nones in the eleventh yeare of the Papacy of our most holy Father and Lord in Christ Lord Boniface the ninth Pope by divine providence in the presence of the most illustrious Princes and Lords John sonne of the most illustrious Prince and Lord Rupert Duke of Bavaria and Count Palatine of Rheine Fredericke Burgrave of Norimberge the Noble Philip Lord of Nassau and Sarbrucke Emichon of Luringen John of Zigenhaim Cunrade Burgrave our Canon of Mentz Earles Bernhard of Westerburg John of Limpurge Rinehard of Honowe Barons Mr. Nicholas Berwin of the sacred Page John of Witenburg and Nicholas Burgman of the Decrees Mr. Herman President of Saint Gerion of Colen Doctors of the Law likewise the valiant Knight Sigfride of Lindow our Vice-Commander in Ringaugia John Bossen of Waldeck our Buggrave Beckelnheim and our trusty Henry Rulman of Dadenberg Gerard of Emerberg Lord in Lantscron Fredericke of Sachenheim Culman of Coneren John of Dalburg Rudolfe of Zeissikon as also many other Lords Knights and Gentlemen spirituall and secular standing by in great member called and requested to the things above written And I Nicholas Berchtoldi Fridberg Clerke publike Notary of the Diocesse of Mentz by Episcopall and Emperiall authority and sworne Scribe of my foresaid most gracious Lord Lord John Archbishop of Mentz because at that time I was personally present when this sentence which we have fore-writ was given and pronounced together with the publike Notaries and witnesses commemorated and saw and heard all these things to be done therefore at the command and request of my foresaid most gracious Lord of Mentz have reduced this publike instrument faithfully put in writing into publike forme and have subsigned and ratified it with my accustomed signe of Notariship having likewise annexed the great Seale of my foresaid Lord of Mentz in assurance and testimony of all thâ—â— premises The names of the Notaries are Nicholaus Berchtoldi Fridburgensis Joannes Meier junior Gasterveldensis Conradus a Leiborn Clericus Padebornensis diâ—cesis Henricus Stalberg Rotenbergensis Tilmannus a Honberg Conradus Coler Zustensis Coloniensis diaecesis Finally it is evident that the Nobles Magistrates Parliament and representative body of the people or some part of them in default of the rest may lawfully take up defensive armes to resist their Princes endeavouring to abrogate the Law of God to waste the Church and extirpate the true Religion setled among them by the Lawes and usher in Idolatry And that in such a case as this neighbour Princes and States lawfully may yea and ought in point of conscience to aide the Subjects of other Princes afflicted for the cause of pure Religion professed by them or oppressed by open Tyranny These propositions are largely and professedly debated by Junius Brutus in hisVindiciae contra Tyrannos quaest 1. 2. 4. throughout in the Treatise intituled De Jure Magistratus in Subditos spent wholly in this Theame Georgius Obrectus Disput Jurid de Principiis Belli Num. 125. to 199. byVasquius Contr. Illustr 36. n. 30. and elsewhere by Albericus Gentilis and sundry others forecited I shall onely fortifie the later part thereof with the observation of the Duke of Rhoan who acquaints us that it is and hath beene of later yeares the very true interest honour and greatnesse of the Kings and Queenes of England both in point of policy and Religion to protectâ— and assist with armes all Princes of the Reformed Protestant Religion in France Germany and other parts as it is the true interest of the Kings of Spaine to protect and releeve all oppressed or grieved Roman Catholicks under the Dominion of other Princes and that their honour safety and greatnesse principally consists in the observation and maintenance of this their interest and with the words of Junius Brutus who thus states and debates the Question An Jure possint aut debeant Vicini Principes auxilium ferre aliorum principum subditis religionis causa afflictis aut manifesta tyrannide oppressis In defining this question saith he there is more need of conscience then science which would be altogether idle if charity obtained its place in this world But because as the manners of the times are now there is nothing more deare or rare among men then charity it selfe we thinke meete briefely to discusse it The Tyrants as well of soules as bodies as