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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	earl_n	king_n	lancaster_n	4,569	5	11.5733	5	true

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

presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be ma● their Chiefe Justice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honor of the King and kingdome To these their necessa●● Councels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not defis●● prosecute their purpose neither for losse of money or Lands nor love nor hare no nor yet for life or dea● of them or theirs till they had cleared England to which they and their forefathers were borne from up starts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely arme that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath a● his Sonne Prince Edward also that he would submit ●o their Councels and all those their Ordinances f●● feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Whi● done all the Peeres and Prelates tooke their Oath To be faithfull to this their Ordinance and made all wh● would abide in the Kingdome to sweare they would stand to the ●ryall of their Peeres the Arch-bishop● and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger Brother comming soone after into England to visit the King and his owne Lands the d Matth. Par. p. 952 953. Spe. p. 636. Barons enforce him according to his promise sent them in writing before his arrivall to take this Oath as soone as he la●ded in the Chapter-house at Canterbury Heare all men that I Richard Earle of Cornewall sweare upon ●● holy Gospels to be faithfull and forward to reforme with you the kingdome of England hithert● by the councell of wic●ed men so much deformed And I will be an effectuall coadjuto● to expell the Rebels and troublers of the Realme f●● out of the same This Oath will I observe under paine to for feit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their ●●risdictions to preserve themselves and the Kingdome from slavery and desolation whom Matthew Paris ●● continuer for this service stiles e History Angliae p. 95● Angliae Reipublicae Zelatores the Zelors of the English Republicke Neith● is this their example singular but backed with other presidents In the second and third yeares of King E●ward the second f Walsing ●p●digma Neust An. 1309 1310 Hist Ang. p. 70. to 77. S. p. 608. c. with Holin Stow. Graf How and others F●x Act. Mon. v●l ● Ed. ult p. 480 481. Piers Gaveston his great proud insolent covetous unworthy Favorite miscounselling a● seducing the young King from whom he had beene banished by his Father and swaying all things a●●● pleasure the Pe●res and Nobles of the Real●e seeing themselves contemned and that foraine upstart p●●fe●red before them all came to the King and humbly entreated him That he would manage the Affaires of ● Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from inc●●bent dangers the King Voce ●enus consented to them and at their instance summoned a Parliament at Lond●● to which he commanded all that ought to be present to repaire Where upon serious debate they earn●●ly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and ●o the Church of England The King imagining that they would order Piers to be banished a lo●● time denyed to grant their demand but at last at the importunate instance of them all he gave his assent a● swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Archbishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against all who should contradict these Articles which they caused to be openly read in Pauls Church London in the presence of the Prelates Lords and Commons of the whole Kingdome the King being present Among which Articles they demanded That Magna Charta with other provisions necessary to the Church and Realme should be observed that the King ●s his Father had commanded should thrust all Strangers out of his Court and kingdome and remove ill Councellours ●●om him That he would thenceforth order all the affaires of the Kingdome by the Counsell of the Clergie and Lords ●nd begin no warre nor depart any where out of the kingdome without common consent The King notwithstanding ●ll these things seemed hard and insupportable to him consented to the Articles and banished Piers into ●reland No * Note the credit of Princes Regall promises and Protestations sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations ●ogether with his owne Oath never to reduce Piers sends for him backe to his Court marryeth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe ●o retaine this Gaveston maugre all his Earles Barons and for the love of him to put his Crowne and life in ●erill when time should serve In which whither the King or his favourite shewed lesse discretion it is not ●t the first easily determined it being as unsafe for the one with so offensive behaviour to affect immoderate ●●ew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon ●he Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the ●arons message to the King by common consent That he should banish Piers from his company and observe the ●ffect of the foresaid Articles or else they would certainely rise up against him as a perjured person by a like vow which ●peech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring ●p if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third ●●me abjure the Realme with this proviso that if at any time afterward he were taken in England he should ●e forthwith put to death as a perilous enemy to the Kingdome yet he returning in Christmas to the King at Yorke the Lords spirituall and temporall to preserve the Liberties of the Church the Kingdome and remove this ●iper elected Thomas Earle of Lancaster for their Generall and sent honourable messengers to the King re●uesting him

good advice of * Who now give the King no such advice Schollers which he would not of his Peeres summons another Parliament to be holden at Westminster giving th 〈…〉 world to know withall that his purpose was to amend by their advice whatsoever was to be amended But the Baro 〈…〉 considering that still there arrived more and more strangers men of warre with horse and armes as now alas we s 〈…〉 they doe and not trusting the Poictovine Faith as we have now cause to mistrust the perfidious Papists and malignant Cavaliers and seeing no footstep of peace our present condition refused to come at the appointe● day sending the King word by solemne messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovians out of his Court which if he refused they all of them by the common consent of t 〈…〉 who le kingdome would drive him with his wicked Counsellors out of the Kingdome and consult about creating 〈…〉 new King Thesethings thus acted the King was much dejected in mind and all his Court hanging down 〈…〉 their heads and fearing not a little lest the errors of the Sonne should become worse then the fathers errors whom hi 〈…〉 Subjects indeavouring to depose from his royall Throne almost detruded him to that name which was give 〈…〉 him by a certaine presage John the Banished Wheresore hee could easily have beene drawne to redeem 〈…〉 the love of his naturall Liegemen with the disgrace of a sew strangers But the Bishop of Winchester with other his ill Counsellours and Poictovine Cavalieres counselled hi 〈…〉 to take up armes against his rebellious Subjects as they stiled them and to give their Castles and Lands to them w 〈…〉 would defend him and the kingdome of England from these Traytors The Counsell now given to his Majesty 〈…〉 his ill Counsellours and Cavalieres Hereupon the King inclining to the worser part raiseth an Army of Poictovine and Foraine Souldiers which came to him being sent for out of Flanders from whence the King no 〈…〉 hath many old Souldiers and Commanders sent him seiseth a Manour of Guilbert Bassers a Noble man give 〈…〉 him by King John calling him Traytor when he demanded it sets downe a day wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty and being at Glocester with his Army whith 〈…〉 the Lords resused to come being required the King thereupon as if they were Traytors burnes their Manor 〈…〉 destroyes their Parkes and Ponds besiegeth their Castles and without the judgement of his Court and of thei 〈…〉 Peeres denounceth them exiles and banished men gives their Lands to the Poictovines and adding griefe to grie 〈…〉 wound to wound commanded their bodies to be apprehended where ever they were within the Kingdome he likewise sends a Defiance to the Earle Marshall whose Lands he had wasted who thereupon understood himselfe discharged of that obligation by which he was iyed to the King and free to make his defence Whereupon h 〈…〉 seeing * Note neither Faith nor Oath nor peace to be kept by the King or his ill Councellours who contrary to their promise and Oath refused to deliver up his Castle which they promised to render to him upon demand h 〈…〉 raiseth a grea● Army and takes his Castle On this the King upon better consideration did againe promise 〈…〉 and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at th 〈…〉 day and place appointed he holds a great conference with the Lords But the evill Councellors he followed suffered him not to make good his promise For when divers there present greatly in the Kings favour with sundry Preachers and Fryers whom the King was wont to reverence and hearken to Humbly beseeched and earnestly exhorted the King to make peace with his Barons and Nobles and to embrace them with due affection being The Parliments present case his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manors Woods Parkes Ponds and being led and seduced by evill Councels lesse regarded his faithfull Subjects whose native bloo 〈…〉 would not permit them to bow downe then Forainers and which is worse called them Traytors by whom ●e ought t 〈…〉 settle the peace order the Councels and dispose the affaires of his Kingdome The Bishop of Winchester of●ended it seemes at Peers takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Justiciars as himselfe pleaseth ●o ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent ●peech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellors of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse ●ot themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that per●urbed ●he peace of the Realme and so the hoped accommodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces sell pell mell upon the Kings Army slew divers of his for●einers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund ●rchbishop of Canterbury elect with other suffragan Bishops bewayling the estate of the Kingdome presented themselves before the King at Westminster telling him as his loyall liegemen and O that some Bishop or faith●ull person if there bee any such about his Majestie would now deale thus clearely with him touch●ng his evill Counsellors That the Councell of Peter Bishop of Winchester and his complices which now he had and ●sed was not sound nor safe but euill and dangerous to himselfe and his Realme First for that they hated and de●ised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the peo●le from him as in the Earle Marshall whom being one of the wort●iest men of the Land by sowing false tales they ●rave into discontentment Secondly that by the Counsell of the said Peter his Father King John first lost the hearts of ●is people then Normandy then other lands and finally wasted all his treasure and almost England also and never af●er had quiet Thirdly That if the Subjects had now beene handled according to justice and law and not by their ungod●y Counsels these present troubles had not happened but the Kings lands had remained undestroyed his treasure unex●austed Fourthly that the Kings Councell is not the Councell of peace but of preturbation because they that cannot ●aise themselves by peace must raise themselves by the troubles and disinherison of others Fiftly That they had the Trea 〈…〉 re Castles Wardships

but beauty also and ornamen● writes John Speed After all this i Walfing Hist Ang. p. 349. to 400 ●podigm Newstriae p. 144. to 158 Speed Hist p. 747. to 762. Holin Graft St●w Fabian Caxton and others King Richard the second in the ninth yeare of his reigne summoned a Parliament where●● Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by th● Parliament and the Seale taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for th● defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill counsellors to the Court shewing them greater favour then before In so much that at Christmas the King mad● de la Pole sit at his owne table not in the usuall garment o● a Peere but of a Prince out of a stomacke and hatred again●● the Peeres whom from thenceforth he never regarded but feinedly and then fals to plot the death of the Duke of Gl●cester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at No●●ing ha●● Castle with a few persons generally ill-beloved ill-advised and ill-provided The course agreed upon by th● King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Spe●● seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presum●● the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters th●● under a shew of justice they should be proceeded against accordingly The Lawyers who were the very me●● which in the last Parliament gave advice to the Lords to doe as they did now meering were demanded Whether by the Law of the Land the King might not disa●ull the Decrees of the last Parliament They joyntly answe●ed he might because he was above the Lawes a most apparent errour confessing that themselves had in th● Parliament decreed many things and given their judgement that all was according to Law which they acknowledg● to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and witha●● sends for the Sheriffs of Shires to raise Forces against the Lords who denyed saying that they could not rais● any competent Forces or Armes against them the whole Counties were so addicted to their favours and being furthe● willed to suffer no Knights to be chosen for their shieres but such as the King and his Counsell should name they a●swered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good president for our present Sheriffes whereupon they were dismissed Then were the Lawye● and Judges Robert Tresilian and his companions called before the King to determine the judgements of Treason against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if neede we●● against the Lords in the day of battle * Note this Many of which answered that they neither could nor would stand against th● Lords whom they knew for certaine intimately to love the King and to endeavour all things study all things doe a●● things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the King●●o●●ce The Lords hearing of these proceedings were much sadded being conscious to themselves ●● no 〈…〉 ●●rthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop ●● London to the King w●o inclining to credit the same was in an evill houre diverted by de la Pole ●he Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which ●ey severally gather forces that they might present their griefes to the King How he favoured Tray●rs not onely to them but to the Publique to the imminent danger of the Realme unlesse it were spee●ly prevented The King on the other side by Trayterous Cōunsellours advise sought how to take ●em off single before they were united but in vaine by reason their party was so great Meane time ●me peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thi●er approaching they are advertised by some who had sworne on the Kings behalfe for good dea●●g to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which ●ithout the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre Knights were reported to have ●●d for their destruction attended in ambush The King sweares his innocency promising safe con●●ct to the Lords if they would come who thereupon came strongly guarded and would trust no longer ●he King sitting in royall State in Westminster Hall the Lords present themselves upon their knees before ●m and being required by the Lord Chancellour Why they were in warlike manner assembled at ●aring gye Park contrary to the Lawes their joynt answer was That they were assembled for the good of the ●ing and kingdome and to weed from about him such Traytors as be continually held with him The Traytors ●ey named to be Robert de Vere Duke of Ireland Alexander Nevill Archbishop of Yorke Michael de ● Pole Earle of Suffolke Sir Robert Tresilian that salse Justiciar Sir Nicholas Brambre that false Knight ● London with others To prove them such They threw downe their Gloves as gages of challenge for a tri●l by the Sword The King hereupon replyed as knowing they were all hidden out of the way This ●all not be done so but at the next Parliament which shall be the morrow after Candlemas all parties shall ●ceive according as they deserve And now to you my Lords How or by what authority durst you presume to levy ●orces against me in this Land did you thinke to have terrified me by such your presumption Have not I men and ●mes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of ●u all no more then of the basest Scullions in my Kitchins Having used these and many like high words ●e tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The ●st of the conference was calme and the whole deferred till the next Parliament then shortly to be hol●●n at Westminster In the meane time that the world might see how little able the King was to equall ●s words with deeds a Proclamation was set forth in which the King before any tryall cleareth the ●ords of Treason names those persons for unjust accu●ers whom the Lords had before nominated The ●ords neverthelesse thought not good to sever themselves but kept together for feare of the worst which

1. c. 2. 19. H. 6. 63 a. 64. b. 31. H. 8. c. 10. Dyer 60 a. Cookes Institutes on Littleton f. 109. 110. Writers resolve is the most high and ab●olute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and amorg other Priviledges this is the highest that it is above the Law ●t selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and ●udgements whatsoever of the King or any other Courts of Iustice if they be erronious or illegall not onely without but against the Kings personall consent so far as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realm ●ested in his person that he t Fortescue c. 10. to 1● Bracton l. 1. c. 8. l 3. c 9. Fleta l 1 c. 5. 17. Brooke Patents 25. 41. 12. 51. 53. 69 73. 100 Prerogative 15. 103. Commissions 15. 16. See Iudge Crooks and Iudge Huttons Arguments against Ship-money Petition of Right 3. Carol. Br. Parliament 42. and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power altar the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever norimpose the least taxe or common charge upon his people nor imprison their persons distraine s Sir Thoma● Smith of the Common-wealth of England l. ● c. 1. 2. Holinshed Description of England c. 8. p. 173. Cambdens Brittania p. 173. Iohn Vowels Order and usage how to keepe a Parliament in Holinsheads Chronicles of Ireland p. 101. to 120. Minshewes Dictionary Tit. Parliament their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potestas sua Juris est non Injuriae Nihil ●liud potest Rexin terris ni●i ID SOLVM QVOD DE JVRE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King v Of the Common-wealth l. 2. c. 10. p. 159. Iohn Bodin that great Lawyer and Polititian resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes ●o all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince be bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as x l. 2. c. 16. f. 34. a. l. 1. c. 8. f. 5. b. Fleta l. 1. c. 17. Walfingham Hist p. 36 37. 40. Bracton and others forecited say our English King hath namely his Earles and Lords thence-stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or of the people he is then no Soveraigne Whence it followes that the Kings of England who cannot make any Law to obliege either all or any of their Subjects nor impose any * Taxes nor repeale any Common or Statute Law but in and by their Parliaments are no absolute Soveraigne Princes as some Royalists and Court Divines most falsly averre them to be but meere mixt Soveraignes inferiour to their Lawes and Parliaments the ●ole Law-makers and Law-alterers though not against but with the Kings assents considered not abstractively as Kings but copulative as a branch and member of the Parliament And indeede to speake impartially though the kings Royall assent y See Sir Thomas Smiths Common wealth of England l. z. c. 1. 2. 3. Holinshed Description of England c. 8. p. 173. Chronicles of Ireland p. 101. 102. M. Hackwels manner of passing B 〈…〉 Sect. 8. p. 74. Brooke Parliament 4. 107. 33. H. 6. 33. 33 H. 8. c. 21. Cromptons Iurisdiction f. 7. b. Br. Parliament 26. 39. 40 41. be generally requisite to passe and ratifie Lawes yet I humbly conceive that the originall prime Legislative power of making Lawes to binde the Subjects and their Posteritie rests not in the kings owne royall person but in the Kingdome and Parliament which represents it For first admit the king should propound any Lawes to his people as kings and Lawgivers usually did at first yet these Lawes would no wayes obliege them unlesse they voluntarily consented and submitted to them in Parliament and the sole reason why our Acts of Parliament binde the Subjects in former times and at this day is not because the king willed them z 4. H. 7. 18. 7. H. 7 14. 11. H. 7. 27. 33. H 6. 17. Bro. Parliament 4. 40. 76. 107. Cromptons Iurisdiction f. 8. but because the people gave their a Bro. Ancient Demesne 2● 10. H. 7. 20. a. 33. H. 8. c. 17. generall consents unto them in Parliament as Sir Thomas Smith in his Common-wealth of England Holinshed the Prologues to most Ancient Statutes the King by the advise and assent of the Lords Spirituall and Temporall and Commons and at the speciall request of the Commons in Parliament assembled and by THE * See 2. 7. 8. 12. 14. 17. 4. H. 7. AUTHORITY OF THE SAME PARLIAMENT doth grant and ordaine c and all our Law-bookes resolve and that upon this received Maxi ne of Law Quod tangit omnes ab omnibus debet approbari The king doth but like the Minister in Marriage declare it to be a Law but t is the parties consents which makes the marriage and the people onely that makes it ● Law to binde them whence those in a Cook 7. ●●luins case 7. H. 6. 35. b. Dyer 373. Br. Parliament 98. Scotland Ireland Man Garnsey ●●● Jer●●e are not bound by our English Statutes nor we by theirs nor tenants in Ancient demesne because they consented not to them Therefore the chiefe Legislative power is in the people and both Houses o● Parliament not in the king as it was in the Roman State Where the b Livy Hist ● 1. 2. Bodin Common-wealth ● 1 c. 10. people had the So●eraigne Iurisdiction of making and confirming Lawes to binde them not their Kings Emperours o● Senate as I shall hereafter manifest Secondly this appeares by the case of c Fiz Assise 413. Avowry 74. Praescri●●ion 67. Broo Custome 31. Co. 5. Rep. f. 63. 64. 67. 68 Kit●chin 45. 73 ●0 Customes and By-Lawes in Corporations and Mano●●s which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of

in their Controversies of the Popes Supremacy of general Councels Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene c See Grafton p. 512 513. 161. Matthew Paris p. 954. Fox old Edition p. 508. King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors d See Hoveden p. 724 725 for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finall Judges of it Not to give you a●y instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our e Walsingham Hist p. 514. Speed p. 647 648. Kings Edward the first King John f Matthew Paris p. 273. 274 275. condemned to death by a Parliament in France by French Peeres for slaying his Nephew Arthur trecherously with his owne hands and likewise to lose the Crowne of England Henry the third and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip Nor yet to repeate the i pag. 5. forementioned precedents how the Lords and Commons when the Title to the Crowne hath beene in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by compe●itors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the * See Matthew Westm Fabian Grafton Holin Kingdom Lords and Commons then disposed of the Crowne in cases of minority want of He●res misgovernment and c●ntroversies ab●ut the Title to the Crowne * Polichron l. 6. c. 18. Speed p. 399. See Grafton and Holinshed accordingly Canutus after the death of King Edmond Anno 1017. claiming the whole Realme against Edmonds Brethren Sons referred his Title upon the agreement made between Edmond and him fo● this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of feal●y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmes●wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10●0 Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxfo●d who gave their voyces to Harold there present and presently proclaimed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying * Huntindon l. 6. Polychron l. 6. c. 18. Speed p. 410. Matthew West●n An. 1042. p. 415. Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harolds death enacted by Par●iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none o● the Danish blood should any more Reigne over them was elected King and declared ●ight Heire to the Crowne Anno 1126. k Hoveden Hun●ingdon Matthew Westminster Matthew Paris Walsingham Polychronic●n Fabian Anno 1126. Speed p. 477. See Ho●inshed Grafton Stow Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to fucceed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English Blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to ●er As much as in them lay after King Henries death if ●e dyed without issue male to establish ●er Queene ●f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyse●●us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres ●o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris ● 82 83. Speed p. 497. Hoveden p. 490. Hun●indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty ● Wal●ingford where by the advise of the Lords they made this accord That Stephen if he would should ●eaceably hold the kingdome during his life and that Hen●y should be his adopted Sonne and Successor enjoy ●he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should ●weare that Henry after the Kings death if he su●vived him should P●ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parl●ament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the Kingdome In the 8. and 25. E. 3. there was a m 25. E. 3. Parl 2. in the Statuts at large doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should in●erit lands in England The King to cleare all doubts and ambiguities in this case and to have the La● herein reduced to ce●tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliam●nt in the 25. yeare of his Raigne to delibera●● of this point who with one assent resolved That the Law of the Realme of England is and alwayes hath beene such that the children of the Kings ●● England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a special Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a * Cooke l. 7. The Princes case Parliament 11. E. 3. this

to deliver Piers into their hands or drive him from his company out of England as being perswaded ●hile that King-●ane breathed peace could never be maintained in the Realme nor the King abound in treasure nor the Queene enjoy his love But the wilfull King preferring the dearenesse of one stranger before the love of the ●hole Realme would no● condiscend Whereupon the Lords thus contemned and deluded presently raise ●n Army and march with all speed towards Newcastle not to offer injury or molesta●●on to the King writes ●alsingham the case and purpose of the present Parliaments Army but that they might apprehend Piers him●elfe and judge him according to the Lawes enacted Which when the King heard he fled together with Piers like a proscribed and banished man to Tynemouth and from thence to Scarborough Castle Where Piers was forced to yeeld himselfe upon condition to speake but once more with the King And then carryed to Warwicke Castle where he had his head strucke off at the command and in the presence of the Earles of Lan●aster Warwicke and Hereford as one who had beene a subverter of the Lawes and an open Traytor to the Kingdome and that without any judiciall proceedings or triall of his Peeres though an Earle and so deare a Favourite of the Kings Which bred a lasting ha●red betweene the King and his Nobles Who being afterwards charged by the King in Parliament with their contempt against him in the spoiles committed by them at Newcastle and wick●dly killing Piers They stoutly answered That they had not offended in any point but deserved his royall favour ●or that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act ●f Pardon that no man should be questioned for Gavestons returne or death printed in old g T●tles Magn● Charta part 2. f. 50 to 57. Magna Charta Not long ●fter this unfortunate King doting upon the two h Wal●ing Hist p. 90. to ●10 ypodig Neust p. 105. to 111 Speed Hist p. 674. to 683. See Fabi●n Holm Graf Tho●●●de ●● More Higd●● Caxton in his life Spencers as much as ever he did on Gaveston to whom they ●ucceeded not onely in pride rapine oppression and intolerable insolencies but even in height of familiarity and power with the King So as they ruled and lead the King as they pleased in so much that no Earle Baron or Bishop was able to dispatch any thing in Court without their advise and favour which made them generally envied of all because they domineered over all The Lords and Barons hereupon confederated together to live and die for ju●tice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with ●heir forces at Sbirborne Thomas of Lancaster being their Captain they took an oath to prosecure their designe to ●he division of soule body Then they spoyled these Spencers their friends goods take their Castles by vio●ence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law equitie following the impetuousnes of their minds they march on to S. Albans with Ensignes displayed sent solemn messengers to the King then at London commanding him not only to rid his Court but kingdome too of the Traytors of ●he Realme the Spencers condemned in many Articles which they had framed against them by the commonalty of the Realme if he loved the peace of the Kingdome And they further required the King to grant letters Patents of indemnity to themselves and all such as had bore armes in their company that they should not be punished by the King or any other for their for epast or present trangressions The King denyed both these demands at first as unjust and illegall swearing that he would not violate his Coronation Oath in granting such a pardon to contempiu●us Delinquents Whereupon running to their armes they marched up to London entred the Citie and to avoyd dange● the King through the Queenes and others mediation condescended to their desires passing an Act for th● Spensers banishment and the Barons indemnities which you may reade in ancient Part 2. ● 50. Magna Chartaes Upo● this the Barons departed neither merry nor secure despairing of the Kings Benevolence which made them goe alwayes armed and to retire to safe places The King soone after recalling the Spensers reversed the sentence against them as erronious gathers an Army encounters and defeats the Barons and puts many of them to deat● by these Spencers procurements who not content with their blood procured also the confiscation of their goods a●●●nheritances Whereupon getting into greater favour and power then before puffed up with their good successe and new honours they discontented not onely the Nobles but Queene too who going over into Fran● with her sonne the Prince whose lives these favorites attempted She raysed an Army beyond the Seas and returning with it into England most of the Lords and Commons resorted to her and fell off from the King● who being destitu●e of friends and meanes demanded assistance of the Cirie of London whose answer was That they would honour with all dutie the King the Queene and Prince but would shut their gates against Foreine● and Traytors to the Realme and with all their power withstand them And under the name of John of Eltham th● Kings second sonne whom they proclaymed Custos of the Citie and of the Land they got the Tower ●● London into their possession placing and displacing the Garrison and Officers therein as they pleased Th● King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her self ●●er sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should ayde ●● assist them and that he should have a 1000. l. who did bring the Lord Mortimers head flies to Bristol in the Castle whereof the elder Spenser was taken by the Queenes Forces and without any formall tryall cruelly cut ●● alive and quartered being first at the clamours of the people drawne and hanged in his proper armour upon the common Gallowes without the Citie After which the King forsaken of all his Subjects flies into Wales for shelter wher● he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his sonne confessing That for his many sins he was fallen into this calamitie and therefore had the lesse cause to take it grievously That ●● much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abh●● his any longer rule and Soveraignty and therefore be besought all there present to forgive and spare him being so afflicte● Soone after he was murthered in Barkly Castle And so the sicknesse and wounds which the Commonwealth sustaine● by his ill raigne upon the ch●●ge of her Physician recovered not onely health and strength

houses license under paine a Major Pars est totum Brookes Corporations 34. Smiths Common-wealth of England l. 2. c. 3. ●f inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3. E. 3. 19. Fitz. ●orone 161. and Stamford l. 3 c. 1. f. 153 compleatly answers that fond cavill of the Malignants ●nd Royalists against this Parliament that the king and many of the other members have wilfully ●bsented themselves from the House of purpose to dissolve it if they could notwithstanding the late ●peciall Act made by their joyntconsents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and ●ogicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve ●oth Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these ab●ent members be the greater number why doe they not come and over-vote the rest in the House in peaceable legall usuall Parliamentary way rather then challenge them into the field in a military ●legall unusuall bloody manner unheard of in former ages If the lesser party then present or ab●ent the Major part must over-rule them volensnolens as it hath ever used unlesse they will be wil●●ller I cannot say wiser then all their predecessors put together As for his Majesties absence from Parliament by the pernicious advise of Evill Counsellors so Object ●uch insisted on by Malignants I answer 1. That it was without any just cause given by the Parliament Secondly It was much Answ ●gainst their wills who have a See their Messages and petitions to the king to this purpose oft importuned petitioned and used all possible meanes to procure ●is returne 3. His absence was procured and is yet continued by those alone who most unjustly ●axe the Parliament for it and would take advantage of this their owne wrong Fourthly though ●e be personally absent as a man yet he is still Legally present in Parliament called the kings pre●ence as he is a king as he is in al other his Courts of Iustice where all proceedings are entred b See Camdens Brit. p. 163. which stiles the Parliament the kings presence The Register of Writs Old New Natura Brevium old and new book of Entries Cookes Institures on Littleton f. 71. 6 Co●am Rege though the king never yet sate personally in either of them as he hath oft times done in his Parliament for the continuance whereof he hath passed such an Act as will inseperably tye his ●oyall presence to it though his Cavaliers about him should by force withdraw his person from it ●ot onely as farre as Yorke but the remotest Indies yea he must first cease to be king of England ere ●e can be legally absent from his Parliament of England This his wilfull personall absence from ●is greatest Counsell which desires and needes it is as many conceive an Act of the highest in justice ●hat ever any Prince could offer to his Parliament worse then a ● King 12. 2 Chron. 18. Reh●boams forsaking the counsell ●f his ancient Sages to follow the hare braind advise of his young Cavaleers for though he follow●d not their ancient prudent counsell yet he withdrew not himselfe from them as his Majestie ●oth now sever himselfe from his Parliament not onely without but against all prefidents of his ●oyall predecessors except king b Richard the second who once absented himselfe from his Parlia●ent above 40. dayes yet then returned to it upon better advise and the very common custome and ●aw of the Land which he is obliged by his Coronation oath and many late protestations added ●o it constantly to maintaine This appeares most clearely by the ancient Treatise of the man●er of holding of Parliaments in England both before and since the conquest * See Minshes Dictionary Title Parliament f. 526. tende●ed to and ap●roved by the Conquerone himselfe newly printed 1641 which in the Section touching the kings ●bsence from Parliament resolves thus The king is BOVND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily ●icknesse and then he may keepe his chamber yet so as he lye not without the Manour or Towne ●t the least where the Parliament is held and then he ought to send for 12. persons of the grea●est t Grafton p. 348. 349. 350. and best of them that are sommoned to the Parliament that is 2. Bishops 2. Earles 2 Ba●ons 2. Knights of the shire 2 Burgesses and 2. Citizens to looke upon his person to testifie and ●itnesse his estate and give A uthority to the Arch-bishop of the place the Steward of England ●nd chiefe justice that they joyntly and severally should begin the Parliament and continue the same ●● his name expresse mention being made in that commission of the * Note this cause of his absence there ●hich ought to suffice The reason is because there was wont to be a cry and murmure in the Par●iament for the kings absence because his absence is hurtfull and dangerous to the whole commo●alty of the Parliament neither indeede OVGHT OR MAY HE BE ABSENT BUT ONE●Y IN THE CASE AFORESAYD And whereas Malignants clamour that most of the ●ords are absent as well as the king and therefore this can be no lawfull Parliament The same ●uthor will in forme them that if the Lords be once sommoned to Parliament and then appeare ●ot or absent themselves the king may hold the Parliament with the commonalty and commons ●f the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in Eng●●nd because he represents a whole county towne or city the other himselfe alone without Bishops ●arles or Barons because in times past before there was either Bishop Earle or Baron yet even ●hen kings kept their Parliaments but on the contrary no Parliament can be kept by the king and ●eeres if all the Commons for the kings misgovernment or such like cause should absent them●●lves This is the judgement of r In Holinsheads Chronicle of Ireland f. 127. 128. Master John Vowel too who writes in this manner Yet ne●●rthelesse if the king in due order have sommones all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld ●● any thing then the king with the consent of his Commons may ordain establish any acts or Lawe● which are as good sufficient and effectuall as if the Lords had given their consents But on th● contrary if the Commons be sommoned and will not come or comming will not appeare or appe●ring will not consent to doe any thing alleaging some just weighty and great cause the King in thes● cases d Cromptons Iurisdiction of Courts f. 8. 4. H. 7. 18. 7. H. 7. 14. 11. H. 7. 27. Parliament