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 Laoâ— 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 governe 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 Feever Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxes Charles the fifth of France having a purpose to drive all the English â—uâ— 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 Wheâ—eas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Coâ—ncell then they contemne and set them at naught or elfe fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and sedditious 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 Male leavâ—ng his Wife great with Childe Philip Earle of Valoyes 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 which one Simon Poylet was hanged in Chaines Headed and Quartered at Paris for saying in open audience that the right of the Crowne of France belonged more rightfully unto King Edward then to King Philip who had long warres about these their Titles to the Crowne King Iohn of France in the fifth year of his reigâ—â— had by authority of the three estates of his Realme assembled in â—arliament to wit of the spirituall Lords and Nobles and Heads of Cities and good Townes of his Kingdome 3000 men waged for a yeare granted to him to defend him and his Realme agaâ—nâ—t Edward the third King of England who the next yeer following took King Iohn prisoner in the field Whereupon Charles Duke of Normandy his eldest sonne and Heire apparent assembled the 3 Estates at Paris in a Parliament there held craving aid of them to redeem their captivated King who promised their uttermost help herein desiring convenient time to consult thereof Which granted the three Estates holding their Councell at the Gray Fryers in Paris appointed fifty person among them to take view and make search of the grieyances and evill guidance of the Realme
contentment of all good Subjects joy and re-establishment of our peace in truth and righteousnesse To end the point proposed Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London But many of the Lords refused to come pretending causes and impediments by which their absence might well be excused and so this Parliament tooke no effect and nothing was done therein In this particular then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parliament Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wils Thus the Barons Prelates and Commons by open warre and Armes enforced both King Iohn and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking a solemne Oath one after another at Saint Edmonds upon the High Altar 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves from their Allegiance to him untill he should confirme to them by a Charter ratified with his Scale all things which they required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleeved he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforced King Iohn thus to ratifie these Charters for the better maintenance of them they elected 25. Barons to be the Conservators of their Priviledges who by the Kings appointment though much against his liking as afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe these Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obey the commands of the 25. Barons After this Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lords came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres and the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea-ports to be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof were these That the King should firmely keepe and conserve the Charter and Liberties of England which King John his Father made granted and ratified with an Oath and which himselfe had so often granted and sworn to maintaine inviolable and caused all the infringers of it to be horribly excommunicated by all the Bishops of England in his owne presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be made their Chiefe Iustice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honour of the King and kingdome To these their necessary Counsels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not desist to prosecute their purpose neither for losse of money or Lands nor love nor hate no nor yet for life or death of them or theirs till they had cleared England to which they and their forefathers were borne from upstarts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely armed that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath and his Sonne Prince Edward also that he would submit to their Counsels and all those their Ordinances for feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Which done all the Peeres and Prelates took their Oath To be faithfull to this their Ordinance and made all who would abide in the Kingdome to swear they would stand to the triall of their Peeres the Arch-Bishops and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger brother comming soone after into England to visit the King and his own Lands the Barons enforced him according to his promise sent them in writing before his arrivall to take this Oath as soone as he landed in the Chapter-house at Canterbury Hear all men that I Richard Earle of Cornewal swear upon the holy Gospels to be faithfull and forward to reforme with you the Kingdome of England hitherto by the Counsell of wicked men so much deformed And I will be an effectuall coadjutor to expell the Rebels and troublers of the Realm from out of the same This Oath will I observe under paine to forfeit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their jurisdictions to preserve themselves and the kingdome from slavery and desolation whom Matthew Paris his continuer for this service stiles Angliae Reipublicae Zelatores the Zelots of the English Republicke Neither is this their example singular but backed with other precedents In the second and third yeares of King Edward the second Piers Gavesâ—on his great proud insolent covetous unworthy Favorite miscounselling and seducing the young King from whom he had been banished by his Father swaying all things at his pleasure the Peers and Nobles of the Realme seeing themselves contemned and that foraine upstart preferred before them all came to the King and humbly entreated him That he would manage the Affaires of his Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incumbent dangers the King Voce tenus consented to them and at their instance summoned a Parliament at London to which he commanded all that ought to be present to repaire Where upon serious debate they earnestly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and to the Church of England The King imagining that they would order Piers to be banished a long time denied to grant their demand but at last at the importunate instance of them all he gave his assent and swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much
MOST HIGH AND ABSOLUTE POWER OF THE REALME for thereby KINGS AND MIGHTY PRINCES HAVE FROM TIME TO TIME BEENE DEPOSED FROM THEIR THRONES and Lawes are enacted and abrogated Offenders of all sorts punished and corrupted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE REALME and the place where every particular man is intended to be present if not by himselfe yet by his Advocate and Atturney For this cause any thing that is there enacted is not to be withstood but obeyed of all men without contradiction or grudge and to be short all that ever the people of Rome might doe either Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their Assemblies had power to enact binding Lawes to create and elect their Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes of Officers and to change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authours resolution the Parliament hath an absolute power to doe the like when they see just cause Sir Thomas Smith one of the Principall Secretaries of State of King Edward the 6. and Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but 2. in the last Edition hath the same words in effect with Holinshed and addes that the Parliament giveth forme of Succession to the Crowne c. Our Kings Royall power being then originally derived to them conferred on them by the Peoples and kingdomes common consents in Parliament and all their new additionall Prerogatives too as the premises evidence it cannot be denyed but that the whole kingdome and Parliament are really in this sense above him and the most Soveraigne primitive power from whence all other powers were and are derived Fourthly This is undeniable because the whole kingdome in Parliament may not onely augment but likewise abridge allay abolish and resume some branches of the Kings royall power and prerogative if there be just cause as when it becomes onerous mischievous or dangerous to the Subjects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or the Lawes This is most apparent by Magna Charta Charta de Foresta Statutum De Tall agio non concedendo Articuli super Chartas Confirmatio Chartarum 1 E. 3. c. 6 7. 2 E. 3. c. 2. 8. 3 E. 1. c. 35. 9 E. 3. c. 12. 5 E. 2. c. 9. 10 E. 3. c. 2 3. 14 E. 3. c. 1. 14. 18 E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36 E. 3. c. 10. 37 E. 3. c. 18. 42 E. 3. c. 3. 10 R. 2. c. 1. 11 R. 2. c. 1. to 7. 1 R. 3. c. 2. 4 H. 4. c. 13. 21 Jac. c. 3. 24. 7 H. 8. c. 3. The Petition of Right 3 Caroli most Statutes against Purveyens Pardons Protections and for regulating the Kings Charters Grants Revenues the Acts made this Parliament against Ship-money Knighthood Forest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the continuance of this Parliament whiles they please with sundry other Acts which restaine abridge repeale resume divers reall and pretended branches of the Kings royall Prerogative because they proved grievous mischievous dangerous pernicious to the people and kingdome This then answers that irrationall groundlesse position of Doctor Ferne That the Subjects neither lawfully may nor ought in any case to resume all or any part of that Regall power wherewith they have once invested their Kings by common consent though it prove never so mischievous and be never so much abused to the peoples prejudice Which as it is contrary to that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That all Governments created by mens consents especially being but officers in trust for their good and welfare onely to sundry presidents and Prophesies in Scripture concerning the Alterations Subversions Diminutions of Kings and kingdomes to the constant practise of all Realmes all States whatsoever from Adam till this instant who have undergone many strange alterations eclipses diminutions yea Periods of Government to the Resolution of Aristotle and all other Politicians who hold all formes of Government changeable and revocable without any injustice if necessary or convenient So likewise to the very end for which Kings have regall power as well as other Governours and Governements and for which they were ordained to wit their kingdomes peoples welfare safety peace protection c. Salus populi being not onely that Suprema Lex but principall end for which all royall power was instituted by God and Man and to which it must submit in case it becomes incompatible or inconsistent with the publique weale or safety What therefore that learned Father Augustine Bishop of Hippo long since resolved touching the now much contested for Lordly State of Episcopacy which he and neere three hundred African Bishops more were then ready to lay downe for the Churches peace I may fitly apply to the now over-much contended for supposed royall Prerogatives of Kings to effect peace in our State in these times of uncivill military that I say not bloody dissentions raised about them betweene King and Parliament Anâ— vero c. What verily did our Redeemer descend from heaven into humane members and shall we lest his very members he rent in pieces with cruell division feare to dâ—scend out of out Thrones we are ordained Bishops for Christian peoples sake what therefore may profit them for Christian peace that let us doe with our Bishoprickes Quod autem sum propter te sim si tibi prodest non sim si tibi obest What I am I may be for thee if it profit thee I may not be if it be hurtfull to thee If we be profitable servants why doe we envy the eternall gaines of our Lord for our temporall sublimities or Prerogatives Our Episcopall dignity will be more fruitfull to us if being laid downe it shall more unite the flocke of Christ than disperse it if retained If when I will retaine my Bishopricke I disperse the flocke of Christ how is the dammage of the flocke the honour of the Shepherd c. Old statute Lawes yea the common Law of England though above the King and his Prerogative may be and oft are repealed and altered by Parliaments when they become mischievous or inconvenient therefore by like or greater reason may any branches of the Kings Prerogative inferiour to these Lawes be restrained yea resumed when they prove grievous or dangerous to the Subject It is the Kings owne professed Maxime in full Parliament Printed and inrolled by his speciall command in all his Courts That the Kings Prerogative is but to defend the Peoples Liberties when therefore it either invades or subverts them it
and Ministers for the Custody of his Treasure and Peace and proclaimed his Peace throughout the Realme or other remote foraine parts by reason of warres as divers of our Kings heretofore have beene and so unable personally to consent to Lawes no doubt in all such cases the right of creating a Protector to execute regall power summon Parliaments assent to Lawes is onely in the Parliament which may in these cases make any publicke Acts without the Kings personall presence or assent and the assent of the Regent or Protector usually created by them shall as firmely binde the King as if he had personally consented as is evident by all the Acts of Parliament passed during the minority of Henry the third who was but nine yeares old Edward the third who was but thirteen Richard the second who was but eleven yeares of age Henry the sixt who was but nine moneths old Edward the sifth but twelve yeares Henry the eight not eighteene yeares Edward the fixt but nine yeares of age when they began their Reignes and so uncapable of giving any personall consent to Lawes by themselves of which they could not judge but by their Protectors and by all Acts made in the absence of King Richard the first Edward the 1 2 3 4. Henry the 3. 2 3 4 5 6. and others out of the Realme all good and binding Lawes as appeares by 28 H. 8. c. 17. which altered and 33 H. 8. c. 22 which declareth the Law in these particulars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-giver not the King Tenthly The King hath little or no hand in making but onely in assenting to Lawes when they are made by the Houses as the usuall forme of passing Acts Le Royle veult The King wills or assents to it not before but after they have passed both Houses imports which assent of his if the Bils be publike and necessary for the Common good is not meerely arbitrary at the Kings will but the King by Oath and duty is bound to give it and the Lords and Commons may in justice demand it of meere right as I shall shew anon His Royall assent then though it be the last act which compleates Bils and makes them Lawes yet since it is but an assent to a Law formerly made by both Houses which he cannot alter in any point Yea an assent which the King in Honour Law Justice Duty by vertue of his Coronation Oath is bound to give as appeares by the Prefaces of most Statutes the Statute of Provisours 25 E. 3. Parl. 6. 20 E. 3. and other Acts it is so farre from proving the King the Supreame power and Law-giver that it manifests the contrary that this power principally resides in both the Houses not the King Eleventhly The kingdomes Soveraignty and supreame jurisdiction above the King is most apparent by those Coronation Oathes which Parliaments and the kingdome anciently long before or at leastwise in King Edwards dayes before and ever since the Conquest have prescribed to our Kings ere they would accept of them for their Soveraignes of which I shall give you a short account Before the Conquest I read in King Edward the Confessors Lawes not onely the Office but Oath of the King of England whom he and Bracton oft stiles Gods and Christs Vicar upon earth thus excellently described A King ought above all things to feare God to love and observe his Commandements and cause them to be observed through his whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved such as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe Iustice and Iudgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King in his owne person to doe taking his Oath upon the Evangelists and the blessed Reliques of Saints swearing in the presence of the whole State of his Realme as well of the temporalty as of the spiritualty before he be Crowned of the Archbishops and Bishops Three servants the King ought to have under him as Vassals fleshly lust avarice and greedy desire whom if be keepe under as his servants and slaves he shall Reigne well and honourably in his kingdome He must doe all things with good advisement and preâ—â—e ditation and that properly belongeth to a King for hasty rashnesse bringeth all things to 〈◊〉 according to the saying of the Gospell Every kingdome divided in it selfe shall be brought to desolution Master Fox informes us that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes but the most part of them be omitted contrary to his Oath at his Coronation Indeed I finde not in William of Maâ—â—esbury Henry Huntingdon Matthew Paris or Westminster that William the Conquerour tooke this Oath at his Coronation but onely that he was received by the Clergie and people at London in great triumph AB OMNIBUS REX ACCLAMATUS and proclaimed King by them all and then Crowned but Roger de Hoveden and Daniel out of him are expresse in point that according to the accustomed forme the Bishops and Barons of the Realme tooke their Oathes to be his true and loyall Subjects and he reciprocally being required thereunto by Aldred Arch-bishop of Yorke who Crowned him made his personall Oath before the Altar of the Apostle Saint Peter in the presence of the Clergy and People That he would defend the holy Churches of God and the Rectors of the same Likewise that he would govern all the people Subject to him justly and with royall providence RECTAM LEGEM STATUERE ET TENERE which referres to future Lawes that he would establish and observe RIGHTEOUS LAWES and that he would utterly prohibit rapines and unjust judgements Nor did he claime any power by Conquest but as a regular Prince submitted himselfe to the Orders of the kingdome desirous to have his Testamentary title howsoever weake to make good his Succession rather than his Sword the flattery of the time onely giving him the Title of Conquerour afterwards but himselfe not claiming it But William soone after forgetting this his solemne Oath did as Speed with others write abrogate for the most part the ancient Lawes of the Land and introduce new hard Lawes of his owne written in the Norman tongue which the people understood not and the Iudges wrested at their pleasures to the forfeiture of Goods Lands Life Hereupon the Nobility and Natives seeking to cast off these snares and fetters of his Lawes set up Edgar Atheling for their King and Generall once again fell into a new conspiracy raising great forces resolving to make the sword their judge The King hereupon by Lanfrankes advise who as Rehoboams sages gave him counsell somewhat to beare with their abuses rather than hazard the ruine of all in fight appointed a meeting at Berkhamsteed Anno
1172. Where the King entring parley with the English Nobility did so farre winde himselfe into their good opinions that they all forthwith laid downe their weapons And he for his part fearing to lose the Crowne with shame which he had gotten with effusion of so much blood gave his Oath upon the holy Evangelists and the reliques of Saint Albane the Martyr the same being ministred to him by Abbot Fredericke swearing to observe and inviolably to keepe the ancient Lawes of this Land and most especially those compiled by King Edward the Confessor though as the event soone shewed he little meant to doe as he promised Peace thus established this conference ended and the Kings Oath received the English Armies disband themselves as dreaming they had now good fortune by the foote and hoping the greatest stormes of their dangers were past which presently proved but a vaine surmise For King William having compounded with the Danes began extreamely to hate the English Nobles and with full resolution of their destruction suddenly set upon them apart which hee durst not attempt when they were united so that slaying many imprisoning others and persecuting all of them with fire and sword well was he that could be first gone Such little faith or assurance is there in the solemne Oathes and Protestations of Kings to their Subjects which are seldome really performed and intended onely as snares to intrap them if they confide and rely upon them without any better security After the death of William the Conquerour William Rufus his younger sonne in the absence of Robert the elder Brother hastens into England to obtain the Crown and finding the greatest part of the Nobles against him he gave his solemne Oath and faith to Lanfranke Arch-bishop of Canterbury his Tutor that if they would make choise of him for their King he would abrogate the over-hard Lawes of his Father and promise to observe justice equity and mercy throughout the kingdome in every businesse and defend the Peace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions volentibus omnibus Provincialium animis by the voluntary consent and voyces of all he was chosen and Crowned King Which promise and Oath he soone after brake saying Who is it that can fulfill his promises Whereupon many of the Nobles levyed warre against him adopting Robert his elder Brother King William Rufus dying Henry the first his younger Brother in the life of Robert the right Heire assembling all the Clergy and people together to London to procure their favour and love to chuse him for their King and Patron He promised the Reformation of those Lawes by which England had beene oppressed in the Reignes of his Father and Brother To which the Clergy and Nobles answered That if hee would with a willing minde reforme those rigorous Lawes remit the Taxes imposed upon the Subjects and by his Charter confirme those ancient Lawes and Customes which flourished in the kingdome in the time of holy King Edward they would unanimously consent to him and consecrate him for their King Which he willingly assenting to and affirming with an Oath that he would performe he was by the assent both of Clergy and people consecrated King at Westminster promising by Oath to confirme King Edwards Lawes and renounce all oppression in pursuance whereof as soone as he was created he by his Charter confirmed and reformed divers Lawes for the ease and benefit of his Subjects recorded at large by Matthew Paris Speed and others The beginning of this Charter is observable Henry by the Grace of God of England c. Know ye that by the mercy of God and COMMON COUNSELL of the Barons of the Kingdome of England I am Crowned King And because the kingdome was oppressed with unjust exactions I out of respect to God and the love I beare towards you all make the Church of God free c. And all the evill customes wherewith the kingdome of England was unjustly oppressed I take from thence which evill customes I here in part set downe And in the end of his Charter he confirmed and restored to them King Edwards Lawes with those amendments of them which his Father made by the consent of his Barons After which those Lawes of his were published through all England and Ranulph Bishop of Durham banished the Court and committed to the Tower for his oppression bribery and other crimes Henry deceasing Maude the Empresse his right Heire to whom the Prelates and Nobles had sworne fealty in her Fathers life time was put by the Crowne by the Prelates and Barons who thought it basenesse for so many and great Peeres to be subject to a woman and that they were freed of their Oath by her marrying out of the Realme without their consents and Stephen Earle of Mortaine who had no good Title assembling the Bishops and Peeres at London promising to them an amendment of the Lawes according to all their pleasures and liking was by them all proclaimed King whereupon they all tooke their Oathes of Allegiance to him conditionally to obey him as their King so long as hee should preserve the Churches Liberties and keepe all Covenants and confirme them with his Charter according to the old Proverbe Quamdiu habebis me pro Senatore ego te pro Imperatore All this the King at his Coronation swore and promised to God the people and Church to performe And presently after going to Oxford he in pursuance of his Oath there sealed his fore-promised Charter of many indulgent favours the summe whereof was this That all Liberties Customes and Possessions granted to the Church should be firme and in force that all bad usages in the Land touching Forests exactions and annuall Taxes which his Ancestors usually received should be eternally abolished the ancient Lawes restored prefacing therein That he obtained the Crowne BY ELECTION ONELY Haec autem specialiter alia multa generaliter se servaturum juravit sed nihil horum quae Deo promiserat observavit write Matthew Paris Hoveden and Huntindon Pene omnia perperam mutavit quasi ad hoc tantum jurasset ut praevaricatorem Sacramenti se regno toti ostenderet saith Malmesbury Granting those immunities rather to blinde their eyes than with any purpose to manacle his owne hands with such parchment chaines Such faith is to be given to the solemnest Oathes of Kings But this his perjury was like to cost him his Crowne his Prelates and Peeres thereupon revolting unto Maude The form of King Henry the second his Oath I finde not onely I read that upon his Coronation he caused the Lawes to be reformed by advise of discreet men learned in the Law and by his Proclamation commanded that the good Lawes of his Grand-father Henry should be observed and firmely kept throughout the Realme Wherefore it is probable he tooke the same Oath that he did Richard the first succeeding at his Coronation
How well he observed this solemne Oath with many others of like nature made to his Lords and Subjects for confirmation of Magna Charta and their Liberties Matthew Paris will informe us who writes That the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prelates and Lords knew not how to hold this Proteus the King for where there is no truth there can be no fixed confidence That though be sometimes humbled himselfe confessing that he had beene often bewitched by ill counsell and promised with a great Oath solemnely taken upon the Altar and Coffin of Saint Edward that he would plainely and fully correct his former Errors and graciously condescend to his naturall Subjects good counsell yet his frequent preceding breaches of Oathes and promises Se penitus incredibilem reddiderunt made him altogether incredible so that though he usually heard three Masses every day but seldome any Sermons as Walsingham notes yet none would afterwards beleeve him but ever feared and suspected his words and actions and to avoid the infamy of perjury which he feared he sent to the Pope to absolve him from his Oathes he repented of who easily granted him an absolution Such faith such assurance is there in the Oathes the Protestations of Princes to their Subjects whose Politicke capacities oft times have neither soule nor conscience and seldome keepe any Oathes or promises no further than it stands with their owne advantages reputing onely pious frauds to over-reach and intrap their credulous people This perfidiousnesse in the King made his long Reigne full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne and Kingdome as our Historians informe us for which he repented and promised amendment at his death Bracton an antient Lawyer in this Kings daies writes That the King in his Coronation OUGHT by an Oath taken in the name of Iesus Christ to promise these three things to the people subject to him First that he will command and endeavour to his power that true peace shall be kept to the Church and all Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities in all degrees Thirdly That in all judgements he will command equity and mercy that so God who is gracious and mercifull may bestow his mercy on him and that by his justice all men may enjoy firme peace For saith he a King is SACRED and ELECTED to wit by his Kingdome for this end to doe justice unto all for if there were no justice peace would be easily exterminated and it would be in vaine to make Lawes and doe justice unlesse there were one to defend the Lawes c. The forme of the Kings Coronation Oath ever since Edward the second hath beene this and is thus administred The Metropolitan or Bishop that is to Crowne the King with a meane and distinct voyce shall interrogate him if he will confirme with an Oath the Lawes and Customes granted to the people of England by ancient just and devout Kings towards God to the same people and especially the Lawes and Customes and Liberties granted by glorious King Edward to the Clergie and People And IF HE SHALL PROMISE that he will assent to all these Let the Metropolitan or Bishop expound to him what things he shall sweare saying thus Thou shalt keepe to the Church of God to the Clergie and people peace intirely and concord in God according to thy power The King shall answer I will keepe it Thou shalt cause to be done in all thy judgements equall and right justice and discretion in mercy and verity according to thy power He shall answer I will doe it Thou grantest just Lawes and Customes to be kept and thou dost promise that those Lawes shall be protected and confirmed by thee to the honour of God QUAS VULGUS ELEGERIT which the people shall chuse according to thy power He shall answer I doe grant and promise And there may be added to the foresaid Interrogations what other things shall be just All things being pronounced he shall with an Oath upon the Altar presently taken before all confirme that he will observe all these things There hath beene a late unhappy difference raised betweene the King and Parllament about the word ELEGERIT the Parliament affirming the word to signifie shall chuse according to sundry written Rolles and Printed Copies in Latine and French the King on the contrary arffiming it should be hath chosen But he that observes the words of these ancient Oathes Populo tibi commisso rectam justiciam exercebis malas leges iniquas consuetudines si aliquae fuerint in Regno tuâ— delebis bonas observabis all in the future tence and the verbes servaâ—is Facies fieri protegendâ—s corroborandas in the former and same clauses of the Oath now used all of them in the future with the whole Scope intent and purport of this part of the Oath must necessarily grant shall chuse to be the true reading and that it referres to the confirmation of future Lawes to be afterwards made in Parliament not to those onely in being when the Oath was administred else Kings should not be obliged by their Oathes to keepe any Lawes made after their Coronations by their owne assents but onely those their Predecessors assented to not themselves which were most absurd to affirme But because I have largely debated this particular and given you an account of our Kings Coronation Oathes from King Richard the seconds Reigne downeward in my following Discourse and debate of the Kings pretended Negative voyce in passing Bils in Parliament I shall proceed no further in this subject here From these severall Oathes and Passages the usuall forme of the Nobles proclaiming such and such Kings of England the fore-cited Histories the manner of our Kings Coronation thus expressed in the close Roll of 1 R. 2. n. 44. Afterwards the Archbishop of Canterbury having taken the corporall Oath of our Lord the King to grant and keepe and with his Oath to confirme the Lawes and customes granted to the people of the Kingdome of England by ancient just and devout Kings of England the progenitors of the said King and especially the Laws Customes and Freedomes granted to the Clergy and people of the said Kingdome by the most glorious and holy King Edward to keepe to God and the holy Church of God and to the Clergy and people peace and concord in God entirely according to his power and to cause equall and right Iustice to be done and discretion in mercy and truth and also to hold and keep the just Lawes and customes of the Church and to cause that by our said Lord the King they should be protected and to the honour of God corroborated which the PEOPLE SHOULD JUSTLY AND REASONABLY CHUSE to the power of the said Lord the King the aforesaid Archbishop going to the foure sides
to his estate All these things concluded they ELECTED his son Edward King in the great hall at Westminster with the UNIVERSALL CONSENT OF THE PEOPLE THERE PRESENT and the Archb. of Canterbury thereupon makes there a Sermon on this Text Vox populi vox Dei exhorting the people to invoke the king of kings for him they had then chosen It was further ordered and agreed that during the Parliament time a solemne Message should be sent to the King to Kenelworth Castle where he was kept prisoner to declare unto him not only the determination of the three estates concerning HIS DEPOSING FROM THE KINGDOME but also to resigne unto him IN THE NAME OF THE WHOLE REALME all their homage that before time they had done him and to doe this message there was certaine select persons chosen by the Parliament namely the Bishops of Winchester Hereford and Lincoln two Earles two Abbots foure Barons two Iustices three knights for every County and for London the Cinqueports and other Cities and Burroughes a certaine chosen number with the Speaker of the Parliament whose name was Sir William Trâ—ssell who comming into the Kings presence told him That the Common-weale had received so irrâ— concileable dislikes of his government the particulars whereof had been opened in the Assembly at London that it was resolved never to indure him as King any longer That notwithstanding those dislikes had not extended themselves so farre as for his sake to exclude his issue but that with universall applause and joy THE COMMON-WEALE HAD IN PARLIAMENT ELECTED HIS ELDEST SONNE THE LORD EDWARD FOR KING That it would be a very acceptable thing to God willingly to give over an earthly kingdome for the common good and quiet of his Country which they said could not otherwise be secured That yet his honour should be no lesse after his resignation then before it was onely him the Commonweale would never suffer toraigne any longer They finally told him That unlesse he did of himselfe renounce his Crowne and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all homage and fealty would elect some other for king who should not be of the blood This message strucke such a chilnesse into the King that he fell groveling to the earth in a swoun which the Earle of Leicester and Bishop of Winchester beholding run unto him and with much labour recovered the halfe dead King setting him on his feet who being come to himselfe the Bishop of Hereford running over the former points concludes saying as in the person of the Commonwealth That the king must resigne his Diadem to his eldest sonne or after the refusall suffer THEM TO ELECT SUCH A PERSON AS THEMSELVES SHOULD JUDGE TO BE MOST FIT AND ABLE TO DEFEND THE KINGDOME The dolorous King having heard this speech brake forth into sighes and teares made at the last this answer to this effect That he knew that for his many sinnes he was fallen into this calamity and therefore had the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him as that they should utterly abhor his any longer rule and soveraignty and therefore he besought all that were there present to forgive and spare him being so afflicted That neverthelesse it was greatly to his good pleasure and liking seeing it could none other be in his behalâ—e that his eldest sonne was so gracious in their sight and therefore he gave them thanks for chusing him their King This being said then was a proceeding to the short Ceremonies of his resignation which principally conâ—isted in the surrender of his Diadem and Ensignes of Majesty to the use of his Sonne the new King Thereupon Sir William Trussell the Speaker ON THE BEHALFE OF THE WHOLE REALM renounced all homage and allegiance to the said Edward of Carnarvan late King in these words following I William Trussell IN THE NAME OF ALL MEN OF THIS LAND OF ENGLAND AND OF ALL THE PARLIAMENT PROCURATOR resigne to thee Edward the homage that was sometimes made unto thee and from this time now forward I defie thee AND DEPRIUE THEE OF ALL ROYALL POWER I shall never be attendant to thee as King after this time After which King Edward the third being solemnly crowned proclaimed his peace to all his people in these words Edward by the grace of God King of England Lord of Ireland and Duke of Aquiâ—ane to N. N. our Sheriffe of S. greeting Because the Lord Edward our Father late King of England by THE COMMON COUNSELL AND ASSENT OF THE PRELATES EARLS BARONS AND OTHER THE CHIEFE MEN AND WHOLE COMMONALTIE OF THE KINGDOM did voluntarily remove himselfe from the government thereof willing and granting that We as his eldest Sonne and Heire should take upon us the rule and regiment of the same and we with the counsell of the Prelates Earls and Barons aforesaid yeelding therein to our Fathers good pleasure and will have taken upon Vs the Governanse of the said Kingdome and as the manner is have received the Fealties and Homages of the said Prelates and Peeres We therefore desirous that Our peace for the quiet and calme of Our people should be inviolably observed do will and command you that presently upon sight of these presents you cause Our Peace to be proclaimed throughout your Bayli-wick forbidding all and every one on Our behalfe under paine and perill of disinheritance and losse of life and limbs not to presume to violate or infringe Our said Peace but that every one pursue or follow his Actions and Complaints without any manner of outrage according to the Laws and Customs of Our Kingdome for We are ready and alwayes will be to administer full right to all and singular complaints as well of poore as rich in Our Courts of Iustice. The second President is that of King Richard the second who being taken prisoner by Henry Duke of Lancaster An. 1399. the Duke soone after on the thirteenth of September called a Parliament in the Kings Name wherein was declared how unprofitable King Richard had been to the Realme during his reigne how he subverted the Lawes pâ—lled the people ministred Iustice to no man but to such as pleased him And to the intent the Commons might be perswaded that he was an unjust and unprofitable Prince and a Tyrant over his Subjects and THEREFORE WORTHY TO BE DEPOSED there were set forth certaine Articles to the number of 32. or 38. as some record very hainous to the eares of many some whereof I have formerly recited and the residue you may read in Hall Grafton Haywood Trussell and others After which Richard was charged with the foresaid Articles there was an instrument made declaring his Answers and how he consented willingly to be deposed the Tenor of which instrument was as followeth This present Instrument made the Munday the 29. day of September and feast
irregularities I make no question that they would have joyntly answered as I doubt not but our Parliaments Kingdomes and all other Nations were they at this day to institute their preerected Principalities and Kings would answer to that they had never any imagination to erect such an absolute eternall unlimited uncontrollable irresistable Monarchy and plaine tyranny over them and that they ever intended to reserve the absolute originall Soveraigne Jurisdiction in themselves as their native hereditary priviledge which they never meant to divest themselves of that so by means thereof if their Princes should degenerate into Tyrants they might have a just authority power and remedy residing in them whereby to preserve themselves the Nation Kingdome from utter desolation ruine and vassalage An impregnable evidence that the whole Kingdom and Parliament representing it are the most Soveraign power and above the King himselfe because having the supream Jurisdiction in them at first they never totally transferred it to our Kings but reserved it in themselves which is likewise further confirmed by that notable passage of Philocheus Archilacus in his Somnium Viridarii c. 171. Royall power is instituted three manner of wayes First by the will and pleasure of the people because every people wanting a King of their own not being subject to the Emperour or some other King MAY BY THE LAW OF NATIONS MAKE THEMSELUES A KING 94. Dist. c. Legitima If a Royall Principality be thus instituted as it is in the proper pleasure and power of the people to ordaine that the King shall be either Successive of Elective so it is in their pleasure to ordaine That Kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation or any other solemnity or that they shall receive this power onely by their Coronation or any other solemnity about him Thereason whereof is Because as every one in the delivery of the gift of his owne goods may impose what covenant or condition he pleaseth and every man is moderator and disposer of his owne estate so in the voluntary institution of a King and Royall Power IT IS LAWFULL FOR THE PEOPLE SUBMITTING THEMSELUES TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE so as it be not unreasonable and unjust and directly against the rights of a Superiour Therefore lawfull to reserve â—he Soveraigne Power in and to themselves and not to transfer it wholly to their Kings 14 There is one cleare Demonstration yet remaining to prove the supreme power of Parliaments above Kings themselves which is this That the Parliament is the highest Court and power to which all Appealâ—s are finally to be made from all other Courts and Iudges whatsoever yea from the Kings own personall resolution in or out of any other his Courts and such a transcendent â— ribunall from whence there is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous Judgement be given in the Kings Bench Exchequer-Chamber Chancery Court of Wards or any other Court within the Realm or in the Parliament in Ireland it is finally to be reversed or determined in Parliament by a Writ of Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Dâ—legates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediable in this high Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any Judgement it is not so obligatory or finall but that the party against whom Judgement is pronounced may appeale to the Parliament for reliefe as Seneca epist. 100. out of Tully de Repub. Fenestella Hugo Grotius de jure Belli l. 1. c. 4. s. 20. p. 65. record that among the Romanes in certain causes they might appeale from the King to the people But if the Parliament give any Judgement There can be no appeale to any higher Tribunall Court or person no not to the King but onely to the next or some other Parliament as is evident by experience by all Attainders of Treaâ—on by or in Parliament by all inconvenient and unjust Acts passed in Parliament which concerne either King or Subject which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter from the King but onely by an act of repeale or restitution in another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to whom the last appeale is to be made is the Supreamâ—st power as the Kings Bench is above the Common Pleas the Eschequer Chamber above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finalâ— Judges of it Not to give you any instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our King Iohn condemned to death by a Parliament in France by French Peers for slaying his Nephew Arthur treacherously with his own hands and likewise to lose the crown of England or bow Henry the third K. Edward the first and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip. Nor yet to mention how the Parliaments and generall assembly of the estates of France have
by these men for these be those which brought me into this lamentable plight and the misery thou seest me in A memorable strange speech of a distracted Prince And thus the Emperour Wenceslaus was likewise deposed by the Princes electors of the Empire For besotting himself so with pleasures c. as that he became altogether unfit for the government and a man unprofitable for the Empire and Christian Common-wealth and Rupert Count Palatine of Rhine and Duke of Bavaria was elected Emperour in his stead The like no doubt might be lawfully done here in England by the whole Kingdom and Parliament if any such cases of incurable folly or frenzy should befall any of our Kings who might then either create a Lord Protector to govern both King or Kingdom during such disabilities of Government in the King as Childricke for a time before his deposition was governed and over-ruled in all things by the Marshall of the Palace or else Crown the next Heir King if he be capable to Govern Yea in the time of our Saxon Kings when the right Heir was an Infant unable to govern the Crown usually descended to the next Heir of full age Hence Wibba King of Mercia deceasing Penda his son being an Infant the Crown descended to his Nephew Câ—orl of full age after whose death Penda being of ripe age inherited the Kingdom So King VVulfcher deceasing leaving his son Kenred within age his Brother Ethelred succeeded him who resigning his Crown and turning Monke after he had Reigned 30. yeers Kenred then of full age enjoyed the Crown So Ethelfred King of Northumberland dying Edelwald his Brother entred the Government and Reigned Aldulfe Ethelherds son being then a minor who enjoyed not the Crown till after Edelwalds death So Casseâ—elan succeeded Lud his Brother in the Kingdom of Britain Luds sons being too young and insufficient to Reign The like was very usuall in Scotland of which there are divers presidents in Grafton Hector Boetius and Buchanan which I pretermit All which particulars laid together are a most clear unanswerable demonstration that the Soveraignest power and Jurisdiction of all others resides in the whole Kingdom and Parliament not in the King himself since they may thus dispose of the very Crown it self and are the sole and onely supream Judges to determine all controversies all titles which concern it The King alone having no power to transfer it to any other without the Lords and Commons free consents as was resolved in the case of King Iohn who resigned and granted his Crown to the Pope without the Kingdoms consent and therefore the resignation and grant were adjudged void not onely by the French King and his Lords but by our own Parliament as you may read in 40. Ed. 3. Nu. 8. and in Doctor Crakenthorpe Of the Popes temporall Monarchy Cap. 2. p. 251. to 255. I shall conclude this point with the words of this memorable Record The Prelates Dukes Counts and Barons being in the white Chamber and the Commons in the Painted Chamber it was shewed unto them by the Chancellour how they had understood the cause of the Summons of Parliament in generall but the will of the King was that the causes should be shewed unto them in speciall telling them how the King had understood that the Pope by vertue of a Deed which he said that King John had made to the Pope to do him homage for the Kingdom of England and the land of Ireland and that by reason of the said homage that he ought to pay him every yeer perpetually one thousand Marks and that he purposeth to make out Processe against the King and his Realm for the said Service and Rent concerning which the King prayed the advice and counsell of the Prelates Dukes Earles and Barons and what he should do in case the Pope would proceed against him for this cause or against the said Realm And the Prelates prayed the King that they might thereupon advise alone by themselves and return their answer the next morning which Prelates by themselves the next morning and after the said Dukes Earls Barons and great men answered and said That the said King John NOR NO OTHER MIGHT PUT HIMSELF NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THE ASSENT AND ACCORD OF THEM And the Commons being advised and consulted with thereupon answered in the same manner Whereupon it was ordained and assented BY COMMON CONSENT in manner following In this present Parliament held at Westminster the Munday next after the Invention of holy Crosse in the yeer of the reign of King Edward the 40. as well to maintain the estates of holy Church as the rights of his Realm and his Crown it hath been shewed amongst other things how it hath been reported and said that the Pope by vertue of a Deed which he said that the said John late King of England had made to the Pope in perpetuity to do him homage for the realm of England and land of Ireland and by reason of the said homage to render to him an Annuall rent and hath purposed to make Processe against the King for to recover the said Services and rent The which thing being shewed to the Prelates Dukes Earls Barons and the Commons to have their advice and counsell thereupon and to demand of them what the King should do in case that the Pope should proceed or attempt any thing against him or his Realm for this cause Which Prelates Dukes Earles Barons and Commons having taken full deliberation thereupon answered and said OF ONE ACCORD That the said King John NOR NO OTHER MIGHT PUT THEMSELVES NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THEIR ASSENT And as it appears by many evidences that if it were done it was done WITHOUT THEIR ASSENT AND AGAINST HIS OATH IN HIS CORONATION And moreover that the Dukes Earls Barons great men and Commons accorded and granted That in case the Pope would endeavour or attempt any thing by Processe or any other act to constrain the King or his Subjects to perform what is said he will claim in this behalf That THEY WILL RESIST AND OPPOSE HIM WITH ALL THEIR MIGHT And before this in the great Councell of Lyons the Proxies and Procurator of the Church and realm of England in the name of the whole Realm complained and protested against this grant of King Iohn as a meer Nullity BECAUSE IT WAS MADE WITHOUT THE CONSENT OF THE REALM AND LORDS which neither did do nor ever after would consent thereto as I have elsewhere proved This being the common received opinion of all Civilians and Statists That no King or Emperour can alien or engage all or any part of his Kingdom to another without his Subjects generall consents and that such an alienation or Morgage is meerly void in Law to all intents as Albert. Gent. De jure Belli l. 3. r. 15. and Hugo Grotius proves at large De jure Belli
by the Free-holders and put in their roomes divers of his owne Minions subverting the Law contrary to his Oath and honour In the yeare 1261. The Barons by vertue of an Ordinance of Parliament made at Oxford in the 45 yeare of Henry the third admitted and made Sheriffes of divers Counties in England and named them Guardians and Keepers of those Counties and discharged them whom the King had before admitted After which great tumults and seditions arose throughout the Counties of England about the Sheriffes for the King making new Sheriffes in every County and removing with regall indignation those to whom the custody of the Counties was committed by the Barons and Commons of the Land the Inhabitants of the Counties animated with the assâ—stance and ayded with the Counsell of some great men of the Realme by whom they were instructed with great sagacity Novos râ—pulere viriliter Vicecomites manfully repulsed the new Sheriffes Neither would they answer regard or obey them in any thing Whereat the King being grievously troubled in mind to gaine the peoples devotion fidelity directed his Letters to all the Inhabitants of the several Counties of England moving to piety tending to regaine the Subjects love Wherupon great discord increased betweene the King and his Barons who comming to London with great forces the King finding himselfe too weak ended the matter for the present with a fained Accommodation which soone after was infringed by him and so Conquievit tandem per internuncios ipsa perturbatio SUB SPE PACIS reformandae sine strepitâ—â— guerrae quorundum Procerum ad hoc electorum considerationibus parte utraque concorditer inclinata Sicque Baronum omnis labor atque omne studium praecogitatum diu QUORUNDAM ut putabatur ASTUTIA INTERMIXTA cassatum est ad hoc tempus emarcuit quia semper nocuit differre paratis writes Matthew Westminster Notwithstanding these contests the people still enjoyed the right of electin Sheriffes which is evident by the Statute of Articuli super Chartas in the 28. yeare of King Edward the first c. 8. The King granteth to the people not by way of grace but of Right that they shall have election of their Sheriffe IN EVERY SHIRE where the Shrevalty is not of Fee IF THEY LIST and chap. 13. For as much as the King hath granted the election of the Sheriffes to the COMMONS of the Shire the King will that THEY SHALL CHUSE such Sheriffes that shall not charge them c. And Sir Edward Cooke in his Commentary on Magna Charta f. 174 175. 558 559. 566. proves at large the right of electing Sheriffes to be antiently of late and at this day in many places in the Free-holders and people as in London York Bristoll Glocester Norwich in all great Cities which are Counties and in Middlesex Seeing then the Parliament and Free-holders in antient times had a just right to elect their Generals Captaines Sheriffes who had the sole power of the Militia and Counties in their hands next under the King himselfe and there is no negative Law in being that I can find to exclude them from this power I humbly conceive that their setling the Militia by an Ordinance of Both Houses and electing of Commanders Lieutenants Captaines in each County to execute it and defend the Counties from plundering and destruction without his Majesties consent especially after his refusall to settle it by an Act can be no incroachment at all upon his Prerogative Royall but only a reviving and exercising of the old undoubted rightfull power enjoyed by their Predecessors now necessary to be resumed by them in these times of feare and danger for the kingdomes safety Fifthly The Mayors Bayliffes Sheriffes chiefe Officers of Cities and Townes corporate throughoutâ— the Realme who under the King have the principall command of those Cities Townes Ports and in many places of the Militia and Trained Bands within them are alwayes chosen by the Corporations and Freemen not the King without any derogation to or usurpation on his Prerogative Why then may not those Corporations yea each County too by the like reason and the Parliament which represents them and the whole kingdome without any prejudice or dishonour to his Majesties Authority by an Ordinance of both Houses of Parliament without the King dispose of the Militia and these Military Officers for the defence of those Corporations and the Realme too now in times of such apparent danger Sixthly all Military affaires of the kingdome heretofore have usually even of right for their originall determining counselling ann disposing part 〈◊〉 Ordered by the Parliament the executive or ministeriall part onely by the King and so hath beene the use in most other kingdomes To instance in particulars First the denouncing of warre against Foraine enemies hath beene usually concluded and resolved on by the Parliament before it was proclaimed by the King as our Records of Parliament and Histories of warres in the Holy-Land Frâ—â—ce Scotland Ireland abundantly evidence King Henry the fifth by the advise of his Prelates Lords and Commons in Parliament and at their encitement twice denounced and undertooke his victorious warre against France to which Crowne he then laid claime for which end they granted him Subsidies King Edward the 1. in the 21 yeare of his Reigne calling a Parliament at London de Concilio Praelatorum Procerum c. by the advise of his Prelates Lords and Parliament denounced war against the King of France to recover his right and lands there seised Which to effect both the Clergy and Laity granted him large Subsidies In the fifth yeare of King Edward the third the warre against Scotland was concluded and resolved on in and by the Parliament all the Nobles and Commons of England telling the King they would gladly and willingly assist and goe with him in that expedition which they vigorously prosecuted Before this Anno 1227. A peace as well as war was conecâ—uded with the Scots in and by a Parliament at Northampton Anno 1242. King Henry the third summoning a Parliament and demanding ayd of his Subjects to assist him in his warre against the King of France to recover his rights there they gave him a resolute answer that they would grant him no ayde and that he should make no war with France till the Truce were expired which Matthew Paris thus further expresseth The Nobles answered him with great bitternesse of heart that he had conceived this warre and vnyage into France without their advise Et talia effrons impudenter postularat exagitans depauperans fideles suos tam frequenter traâ—ens exactiones in consequentiam quasi a servis ultimae conditionis tantam pecuniam toties extorsit inutiliter dispensandam Contradixerunt igitur Regi in faciem nolentes amplius sic pecunia sua frustratorie spoliari The King hereupon put them off till the next day Romanorum usus vertutis fallaciis and then they should heare his
some private Lords or Courtiers shall recommend in whom the Kingdome and Parliament in these jealous deceitfull times dare not confide The yeelding to the Parliament in this just request will remove all feares and jealousies restore our peace re-gaine his Majesty the reall affections of his discontented Subjects the persisting in the contrary course will but adde fuell to our flames feares doubts dangers and frustrate all hopes all endevours of Peace From the Militia it selfe I descend to the consequencies of its denyall the Parliaments seising upon Hull with other Ports and Forts the Royall Navy Ammunition Armes Revenues and detaining them still from his Majesty the grand difference now pretended whence the present warre hath emerged which these ensuing considerations will in a great measure qualifie if not altogether satisfie First his Majesty and all Royalists must necessarily yeeld that the Ports Forts Navy Ammunition Armes and Revenues thus seised on by the Parliament though his Majesties in point of possession yet are not his but the Kingdomes in point of right and interest they being first transferred to and placed on his Predecessors and himselfe by the Parliament and Kingdome not in right of propriety but conditionally upon trust his Majesty being but a publike Officer for the defence and safety of the Realme and though his Majesty came to them by descent yet it was but in nature of the Heire of a Feoffee in trust for the use and service of the kingdome as a King in his politicke not as a man or Proprietor in his naturall capacity as our Law Bookes Terminis terminantibus resolve Hence it hath been oft adjudged that the King can neither by his will in writing nor by his Letters Patents Devise or alien the Lands Revenues Jewels Ships Forts or Ammunition of the Crowne unlesse it be by vertue of some speciall Act of Parliament enabling him to doe it by the kingdomes generall consent and if any such alienations be made they are voyd in Law and may be yea have beene oft resumed reversed by the Parliament because they are not the Kings but kingdomes in point of intereâ—t and propriety the Kings but in possession and trust for the kingdomes use and defence Hence it is that if the King dye all his Ships Armes Ammunition Jewels Plate Debts to the Crowne Moneyes Arrerages of Rents or Subsidies Wards and Rights of presentments to voyd Churches goe onely to his Successors not to his Executors as in case of a common person because he enjoyes them not as a Proprietor as other Subjects doe but as a Trustee onely for the kingdomes benefit and defence as a Bishop Abbot Deane Mayor or such like Corporations enjoy their Lands not in their naturall but politicke capacities for the use and in the right of their Churches Houses Corporations not their owne Upon this ground King Harold pleaded his Oath and promise of the Crowne of England to William the Conquerour without the Kingdomes consent to be voyd and King Philip with all the Nobles of France and our owne Parliament 40 E. 3. rot Parâ— nu 8. unanimously resolved King Iohn his resignation and grant of the Crown and Kingdome of England to the Pope without the Nobles and Parliaments consents to be a meere nullity voyd in Law binding neither King nor Subject the Crowne and possessions of it being not the Kings but kingdomes And before this Anno Doâ— 1245. in the great Councell of Lyons under Pope Innocent to which King Henry the third sent foure Earles and Barons together with the English Prelates and one Master William Powyke an Advocate to complaine of the Popes exactions in the Councell which they did where they likewise openly protested against the annuall tribute extorted by the Pope by grant from King Iohn whose detestable Charter granting that annuall tribute was reported to be burnt to ashes in the Popes closet by a casuall fire during this Councell as a meere nullity and that in the behalfe of the whole kingdome of England EO QUOD DE REGNI ASSENSU NON PROCESSERAT because the kingdome consented not thereto and because the King himselfe could make no such Charter to charge the kingdome Which Matthew Paris thus expresseth W. De Poweric Anglicanae Vniversitatis Procurator assurgens gravamina Regni Angliae ex parte universitatis Angliae proponens satis eleganter conquestus est graviter quod tempore Belli per â—â—uriam Romanam extortum est tributum injuriose in quod nunquam patres Nobilium regni vel ipsi consenserunt nec consentiunt neque in futurum consentient unde sibi petunt justitiam exhiberi cum remedio Ad quod Papa nec oculos elevans nec vocem verbum non respondit Upon this reason l Matthew Paris speaking of King Henry the third his morgaging his kingdome to the Pope Anno 1251. for such monies as he should expend in the Warres useth this expression Rex secus quam deceret aut expediret Se suumque Regnum sub paena exhaeredationis QUOD TAMEN FACERE NEC POTUIT NEC DEBUIT Domino Papae obligavit Hence King Edward the third having the Title of the King and Crowne of France devolved to him which made some of the English feare that they should be put in subjection to the Realme of France against the Law the Parliament in the 14. yeare of his Reigne Stat. 4. passed a speciall Act declaring That the Realme of England never was nor ought to be in subjection nor in the obeysance of the Kings of France nor of the Realme of France and enacting that the King of England or his Heires by colour of his or their Titles to the Crowne Seale Armes and Title of the King of France should not in any time to come put the Realme of England or people of the same of what estate or condition soever they be in subjection or obeysance of him nor his Heires nor his Successors as Kings of France nor be subject nor obedient but shall be free and quite of all manner subjection and obeysance as they were wont to be in the time of his Progenitors Kings of England for ever By the Statute of 10 R. 2. c. 1. it is resolved That the King could not alien the Land Castles Ships Revenues Jewels and Goods of the Crowne and a Commission is thereby granted to inquire of and resume all such alienations as illegal Hence the Commons in the Parliament of 16 R. 2. c. 5. of Praemunire in their Petition to the King and the whole Parliament in and by that Law declared That the Crowne and kingdome of England hath been so free at all times that it hath beene in subjection to no Realme but immediately subject to God and to none other which by the prosecution of suites in the Court of Rome for Benefices provided against by this Act should in all things touching the Regality thereof be submitted to the Bishop of Rome and the Laws
and Statutes of the Realme be by him defeated and frustrated at his will to the destruction of the King his Soveraignty Crowne and Regality and of all his Realme in defence whereof in all points they would live and dye Hence the Kings of England have alwayes setled entailed and disposed of the succession and Revenues of the Crowne by speciall Acts of Parliament and consent of the whole Realme because the whole kingdome hath an interest therein without whose concurring assent in Parliament they had no power to dispose thereof as the Statutes of 21 R. 2. c. 9. 7 H. 4. c. 2. 25 H. 8. c. 22. 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H. 8. c. 1. 1 Mar. c. 1. and Parl. 2. c. 1 2. 1 Eliz. c. 3. 13 Eliz. c. 1. 1 Iac. c. 1. Hals Chron. f. 10. 15. 1 H. 4. p. 763. 928. to 932. Doniels hist. p. 122. 138 139. abundantly manifest and Cooke l. 8. the Princes case Upon which ground King Edward the sixt his devise of the Crowne of England to the Lady Iane by his last will in writing without an Act of Parliament contrary to the Statute of 35 H. 8. c. 1. was adjudged voyd though subscribed and sworne to by all the Lords of the privy Counsell and all the Iudges but one and Queene Iane with the Duke of Northumberland and others who proclaimed her as Queen of England by vertue of this devise were condemned and executed as Traytors Whereas auy private Subject may devise and settle his estate as he pleaseth without any speciall Act of Parliament to authorize him Hence in the Parliament Roll of 1 H. 6. Num. 18. The last Will and Testament of deceased Henry the fifth and the Legacies therein bequeathed of 40000. Markes in Goods Chattels Jewels Moneyes for Payment of the Kings debts are ratified by the Lords Commons and Protectors concurring assents by an Act of Parliament as being otherwise invalid to binde the King or Kingdome And Num. 40. Queene Katherines Dower of 40000. Scutes per Annum concluded on by Articles upon her Marriage and by a Parliament held the second of May in the 9. yeare of King Henry the fifth well approved authorized and accepted which Articles that King then swore unto and the three Estates of the Realme of England to wit the Prelates Nobles and Commons of England in that Parliament and every one of them for them their Heires and Successors promised well and truely to observe and fulfill for ever as much as to them and every of them appertained Was after her Husbands death upon her petition by a speciall patent made by this Infant King her Son WITH THE ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and COMMONS OF ENGLAND IN THAT PRESENT PARLIAMENT ASSEMBLED assigned setled and confirmed out of the Crowne Lands therein specified else it had not beene binding to the Successor King or Realme the Crowne Lands being the Kings but onely in the Kingdomes right whence all our Queenes Dowers and Joyntures have usually been setled and confirmed in and by Parliaments wheras any other man may endow or make his Wife a good Joynture without the Parliaments assent or privity And in 2 E. 3. the Queene Dowagers great Ioynture which tooke up three parts of the Kings Revenues by common consent in a Parliament held at Nottingham was all taken from her because not duely setled by Parliament and too excessive to the Kings and kingdomes prejudice and she put to a pension of 1000. li. per annum during her life And by the Statute of 1 H. 6. c. 5. it is expressely resolved That King Henry the fifth could not alien or pledge the ancient Jewels or Goods of the Crowne to maintaine his Warres without a speciall Act of Parliament and if he did those to whom he pawned or sold them were still accomptable to the Crowne for them and the alienation voyd whence the carrying of the Jewels Treasure and Plate of the kingdome over Sea into Ireland without assent of the Nobility and Parliament was one of the Articles objected against Richard the second in Parliament when he was deposed the Jewels and Crowne Lands being not the Kings in right of property and interest but the kingdomes onely and so all alienations of them without the Parliaments consent voyd and usually resumed by the Parliament witnesse the notable Act of Resumption in 8 H. 6. and 31 H. 6. c. 7. of all the Kings grants of any Honours Castles Townes Villages Manors Lands Rents Reversions Annuities c. from the first yeare of his Reigne till then with divers other precedents of Resumptions in the Margin in King Stevens Rich. 1 2. Hen. 2 3 5. their Reignes These resolutions of our Common and Statute Law are seconded by many forraigne Civilians as Baldus in Proem de Feud n. 32. 33. Aretine in Rubric Lucas de Penna Cod. de omni agro deserto l. Quicunque f. 184 185. Albericus de Rosate Quodcunque praescrip bene a Zenone n. 4. f. 3. 1. 4. Boetius Epan Haeroic quest qu. 3. n. 43. qu. 5. n. 19. 27. 34. Didacus Cavaruvius Practic qu. c. 4. n. 1. Martinus Laudensis de Confaed Tract 1. qu. 13. Ioan. Andreas in cap. dilect de Maior Obed. Franciscus Vargas de Author Pontif Axiom 1. n. 2. Concilium Toletanum 8. Surius Concil Tom. 2. p. 865 866. with sundry others many of whose words you may reade in Doctor Crakenthorps defence of Constantine p. 169. to 175. who affirme That the Emperour or any other King cannot give away any Townes or Territories belonging to their Empire or Kingdomes contrary to their Oathes and Trusts they being the Kingdomes not theirs in right Whence they conclude Constantines pretended Donation of Rome and Italy to the Pope a meere Nullity And Francis the first King of France An. 1525. professed publikely to all the world That it was not in the power of a French King to bind himselfe to the alienation of any Lands Townes or Territories belonging to the Crowne without the consent of the generall Estates of France of his Soveraigne Courts and Officers in whose hands the Authority of the whole Realme remained And therefore â—e refused to consigne the Dutchy of Burgoyne to the Emperour Charles the fifth who had taken him prisoner in the Battle of Pavia or to release his right to any territories belonging to the Crowne of France though he had sworne to do it to procure his Liberty alledging that he had no power to do it without his kingdomes and Parliaments consents It is true our Law-bookes say That the King cannot be seised of Lands to any private Subjects use by way of feofment because it stands not with his honor to be any private mans feoffee because no Subpena lieth to force him to execute it he is a Corporation yet he may have the possession of lands in others right and for their uses as of Wards Ideots Lunaticks
judicature as both King and Kingdome may confide in which will be so far from depressing that it will infinitely advance both the Kings Honour Justice profit and the Kingdomes too Seventhly It is undeniable that the Counsellours Judges and Officers of the Kingdome are as well the Kingdoms Councellours Officers and Iudges as the Kings yea more the Kingdoms than the Kings because the King is but for the Kingdoms service and benefit This is evident by the Statute of 14 E. 3. c. 5. which enacts that as well the Chancellour Treasurer Keeper of the Privie Seale the Iustices of the one Bench and of the other the Chancellour and Barons of the Exchequer as Iustices assigned and all they that doe meddle in the said places under them shall make an Oath well and lawfully to SERVE the King and HIS PEOPLE in THEIR OFFICES which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. 1 Rich. 2. c. 2. swearing and injoyning them To doe even Law and execution of right to all the Subjects rich and poore without having respect to any person c. And if any of them doe or come against any point of the great Charter or other Statutes or the Lawes of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament as well at the Kings suite as at the suite of the party Seeing then they are as well the Kingdomes Councellours Officers Iudges as the Kings and accountable responsible for their misdemeanours in their places as well to the Parliament and Kingdom as to the King great reason is there that the Parliament Kingdome especially when they see just cause should have a voice in their elections as well as the King The rather because when our Kings have been negligent in punishing evill Councellours Officers Iudges our Parliaments out of their care of the publike good have in most Kings reignes both justly questioned arraigned displaced and sometimes adjudged to death the Kings greatest Counsellours Officers and Iudges for their misdemeanours witnesse the displacing and banishing of William Longcham Bishop of Ely Lord Chauncellour chiefe Iustice and Regent of the Realme in Richard the 1. his Reigne Of Sir Thomas Wayland chiefe Iustice of the Common pleas attainted of Felony and banished for bribery by the Parliament 18 Ed. 1. the severall banishments of Piers Gaveston and the â— Spensers the Kings greatest favourites Officers Counsellors for seducing miscounselling King Edward the second oppressing the Subjects and wasting the Kings revenues the removall and condemnation of Sir William Thorpe Chiefe Iustice of the Kings Bench for Bribery 25. E. 3. The fining and displacing of Michael de 〈◊〉 Pole Lord Chauncellour Alexander Nevell and divers other great Officers and Privie Counsellours with the condemning executing and banishing of Tresilian 〈◊〉 and other Judges in 10 11 Rich 2. by Parliament for ill Councell and giving their opinions at Nottingham against Law Of Empson Dudley and that grand Cardinall Wolsey Lord Chancellour and the Kings chiefest Favourite and Counsellour in Henry the eight his Reigne Of the Duke of Sommerset Lord Protector and his Brother Lord Admirall for supposed Treasons in Edward the 6 th his Reigne Of Sir Francis Bacon Lord Keeper and Cranfield Lord Treasurer in King Iames his latter dayes with infinite other presidents of former and latter ages and one more remarkable then all the rest In the Yeare 1371. the 45. of King Edward the third his Reigne and somewhat before the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands Simon Langham Arch-bishop of Canterbury being Lord Chancellour of England Iohn Bishop of Bath Lord Treasurer William Wickam Archdeacon of Lincolne Keeper of the Privie Seale David Wolley Master of the Rolles Iohn Troy Treasurer of Ireland Robert Caldwell Clerke of the Kings Houshold William Bugbrig generall Receiver of the Dutchy of Lancaster William Ashby Chancellour of the Exchequer Iohn Newneham and William de Mulso Chamberlaines of the Exchequer and keepers of the Kings Treasury and Iewels Iohn Roxceby Clerke and Comptroller of the Kings works and Buildings Roger Barnburgh and 7 Priests more Clerkes of the Kings Chancery Richard Chesterfield the Kings under-Treasurer Thomas Brantingham Treasurer of Guives Merke and Calis All these Clergie-men who abounded with pluralities of rich Spirituall Livings though they Monopolized all these temporall Offices in the Parliament of 45 Edward the 3d. by a Petition and complaint of the Lords were displaced at once from these Offices no wayes suitable with their functions and Lay-men substituted in their places And a like president I find about 3 Hen. 3d. where the Clergy Lord Chancellour Treasurer with other Officers were removed upon a Petition against them and their Offices committed to Temporall-men whom they better beseemed If then the Parliament in all Ages hath thus displaced and Censured the greatest Councellours State-Officers Iudges for their misdemeanours ill Counsell insufficiency and unfitnesse for these places contrary to that twice condemned false opinion of the over-awed Iudges at Nottingham in 11 R 2. That the Lords and Commons might not without the Kings will impeach the Kings Officers and Iustices upon their Offences in Parliament and he that did contrary was to be punished as a Traitour and that upon this very ground that they are the Kingdoms Counsellours Officers and Iustices as well as the Kings and so responsible to the Parliament and Kingdome for their faults I see no cause why they may not by like reason and authority nominate and place better Officers Counsellours Iudges in their steeds or recommend such to the King when and where they see just cause Eightly Iohn Bodin a grand Polititian truely determines and proves at large That it is not the right of election of great Officers which declareth the right of Soveraignty because this oft is and may be in the Subjects but the Princes approbation and confirmation of them when they are chosen without which they have no power at all It can then be no usurpation at all in the Parliament upon the Kings Prerogative to nominate or elect his Councellours great Officers and Iudges or recommend meet persons to him which is all they require so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents in case he cannot justly except against them Of which power they never attempted to divest his Majesty though he be no absolute but only a politick King as Fortescue demonstrates Ninthly It hath beene and yet is usuall in most Forraigne Kingdomes for the Senate and people to elect their publike Offiâ—ers and Magistrates without any diminution to their Kings Prerogative In the Roman State the people and Senate not only constantly elected their Kings and Emperours but all their other grand publike Officers and Magistrates as Consuls Tribunes Dictators Senators Decemviri and the like
and 14. The Bishop of Durham late Chancellour of England to Henry the 5. deceased and the Bishop of London Chancellour of the Dutchy of Normandy severally shew that upon King Henry the 5. his decease they delivered up their severall Seales after their homage and fealty first made to King Henry 6. in the presence of divers honourable persons whom they name particularly desiring the Lords to attest their surrender of the said Seales at the time and place specified which they did and thereupon they pray that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity which is granted and entred accordingly Numb 15. It was enacted and provided by the said Lord Commissioner Lords and Commons that in as much as the Inheritance of the Kingdomes and crownes of France England and Ireland were now lawfully descended to the King which title was not expressed in the Inscriptions of the Kings Seales whereby great perill might accrue to the King if the said inscriptions were not reformed according to his Title of Inheritance that therfore in all the Kings Seales as well in England as in Ireland Guyen and Wales this new stile should be engraven Henricus Dei Gratia Rex Franciae Angliae Dominus Hiberniae according to the effect of his inheritances blotting out of them whatever was before in them superfluous or contrary to the said stile and that command should be given to all the keepers of the said Seales of the King to reforme them without delay according to the forme and effect of the new Seale aforesaid Numb 16 Duke Humfrey the Kings Commissary and the other spirituall and temporall Lords being sate in Parliament certaine Knights sent by the Speaker and whole House of Commons came before them and in the name and behalfe of the said Commonalty requested the said Duke that by the advise of the said Spirituall and Temporall Lords for the good government of the Realme of England he would be pleased to certifie the said Commons to their greater consolation what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England and Keeper of his Privie Seale Vpon which request so made due consideration being had and full advise taken and the sufficiency of those persons considered which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough the King following his Fathers example and advise by the assent of the said Lord Duke his Commissary and of all and every one of the Lords spirituall and temporall hath nominated and ordained anew the Reverend Father Thomas Bishop of Durham to the Office of his Chancellour of England William Kinwolmaâ—sh Clerk to the Office of Treasurer of England and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid that 〈◊〉 well to the said Chancellor of England as to the said Treasurer of England and to the said Keeper of his Privie Seale for the exercise of the said Offices severall letters patents should be made in this forme Henâ—icus Dei gratia Rex Angliae Franciae Dominus Hâ—berniae omnibus ad quos presentes liteâ—ae pervenerint 〈◊〉 Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES constituimus venerabilem patrem Thomam Episcopum Dunelmensem CANCELLARIVM nostrum ANGLIAE dantâ—s concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro omnes omnimodas auctoritatem potestatem adomnia ea fingula quae ad officium cancellarii Angliae de jure sive consuetudine pertinent seu quovis tempore pertinere consueverunt c. The like Patents verbatim are in the same role mutatis mutandis made to the said Treasurer of England and Keeper of the Privy Seale After which the said Duke by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury the Bishops of Winchester and Worâ—ester the Duke of Excester the Earle of Warwicke the Lords of Ferrers and Talbot to the Commons then being in the Commons House and notified to the Commonalty by the said Lords these Officers to be nominated and ordained to the foresaid offices in forme aforesaid Vpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made rendring many thanks for this cause to our Lord the King and all the said Lords as was reported by the said Lords in the behalfe of the Commons in the said Parliament Numb 17. The liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts are confirmed by Parliament and their grants ordered to be sealed with the Kings new Seales without paying any Fine Numb 18. Henry the 5. his last Will and the legacies therein given are confirmed by the Kings Letters Patents with the assent of the Lords and Commons in Parliament Numb 19. A subsidy is granted to be imployed for the defence of the Realme of England to which end the Lord Protectour promiseth it shall be diligently imployed Numb 22. and 23. The King by assent of all the Lords spiritual and temporall wills and grants that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England and of the Constableship of the Castle of Gloucester from the death of the Kings father so long as it shall please the King with all the fees profits and wages thereunto belonging in the same manner as they were granted to him by his Father Numb 24. The 27. day of this Parliament the tender age of the King being considered that he could not personally attend in these dayes the defence and protection of his Kingdome of England and the English Church the same King fully confident of the circumspection and industry of his most deare Vncles John Duke of Bedford and Humfrey Duke of Gloucester By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall and LIKEWISE OF THE COMMONS in this present parliament hath ordained and constituted his said Vncle Duke of Bedford now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME and of the Church of England and PRINCIPALL COVNSELLOR of our Lord the King and that he shall both be and called Protector and Defendor of the Kingdome and the Principall Councellor of the King himselfe after he shall come into England and repaire into the Kings presence from thenceforth as long as he shall stay in the Kingdome and it shall please the King And further our Lord the King BY THE FORES AID ASSENT and ADVICE hath ordained and appointed in the absence of his said Vncle the Duke of Bedford his foresaid Vncle the Duke of Gloucester now being in the Realme of England PROTECTOR of his said Realme and Church of England
Realme of England have heretofore suffered throught default of the law that failed in divers cases within the said Realm our soveraign Lord the King for the amendment of the land for the reliefe of his people and to eschew much mischiefs dammages and dis-inherisons hath provided established these Acts underwritten willing and commanding that from henceforth they be firmely kept within this Realme The Statutes of Westminster 2. in his 13. year begin thus Whereas of late our soveraigne Lord the King c. calling his Counsell at Glocester and considering that divers of this Realm were disherited by reason that in many cases where remedy should have been had there was none provided by him nor his Predecessors ordained certaine statutes right necessary and profitable for his Realm whereby the people of England and Ireland have obtained more speedy Iustice in their oppressions then they had before and certaine cases wherein the law failed did remaine undetermined and some remained to be enacted that were for the reformation of the oppressions of the people our soveraigne Lord the King in his Parliament holden c. the 13 ear of his reign at Westm. caused many oppressions of the people and defaults of the lawes for the accomplishment of the said statutes of Glocest to be rehearsed and thereupon did provide certaine Acts here following The sâ—atute of Quo Warranto An. 1278. the 6. year of this King made at Glocest. hath this exordium The King himself providing for the wealth of his Realm and the morefull administration of Iustice AS TO THE OFFICE OF A KING BELONGETH the more discreet men of the Realm as well of high as of low degree being called thither it was provided c. The staâ— of York 12 E. 2 hath this Prologue Forasmuch as people of the Realm of England and Ireland have heretofore suffered many times great mischiefs damage and disherison by reason that in divers cases where the law failed no remedy was purveyed c. our soveraign Lord the King desiring THAT RIGHT BE DONE TO HIS PEOPLE at his Parl. holden at York c. hath made these Acts statutes here following the which he willeth to be straitly observed in his said Realm In 9. Ed. 3. in a Parliament held at York the Commons desired the King in the said Parliament by their Petition that for the profit and commodity of his Prelates Earls Barons and Commons of his Realm it may please him WITHOVT FVRTHER DELAY upon the said grievances and outrages to provide remedy our soveraign L. the K. desiring the profit of his people by the assent of his Prelates c. upon the said things disclosed to him found true to the great hurt of the said Prelates c. and oppression of his Commons hath ordained and established c. In 10. E. 3. stat 1. there is this introduction Because our Soveraigne Lord the King Edw. 3. WHICH SOVERAIGNLY DESIRETH the maintenance of his peace and safeguard of his people hath perceived at the complaint of the Prelates Earls Barons and also at the shewing of the Knights of the shires and the Commons in their Petition put in his Parliament c. divers oppressions and grievances done to his people c. COVETING to obvent the malice of such felons and to see a covenable remedy hath ordained c. for the quietnes and peace of his people that the articles underneath written be kept and maintained in all points 14. E. 3. stat 1. To the honor of God c. the King for peace and quietnesse of his people as well great as small doth grant and establish the things underwritten The like we have in 15. E. 3. stat 1. and in this kings Proclamation for revoking it there is this passage We considering how BY THE BOND OF OVR OATH WE BE BOVND TO THE OBSERVANCE AND DEFENCE OF THE LAWES AND CVSTOMES OF THE REALME c. So in 20. E 3. Because that by divers complaints made to us we perceived that the law of the land which WEE BY OVR OATH BE BOVND TO MAINTAINE is the lesse well kept and the execution of the same disturbed many times c. WE GREATLY MOVED OF CONSCIENCE IN THIS MATTER and for this cause desiring as much for the pleasure of God and ease and quietnesse of our Subjects AS TO SAVE OVR CONSCIENCE AND TO KEEPE OVR SAID OATH by the assent of the great men and other wise men of our Counsel we have ordained these things following 23. E. c. 8. That in no wise ye omit the same as ye love us and the Commonwealth of this Realme 25. E. 3. stat 2. Because that statutes made and ordained before this time have not been holden and kept as they ought to be the King willing to provide quietnesse and common profit of his people by the assent c. hath ordained and established these things under-written The passage in the statute of Provisors 25. E. 3. Parliam 6. is notable Whereupon the said Commons have prayed our Soveraigne Lord the King that SITH THE RIGHT OF THE CROWNE OF ENGLAND AND THE LAW OF THE SAID REALME IS SVCH that upon the mischiefes and dammages which hapneth to his Realme HE OVGHT AND IS BOVNDEN OF THE ACCORD OF HIS SAID PEOPLE IN PARLIAMENT THEREOF TO MAKE REMEDY AND THE LAW OF VOIDING THE MISCHIEFES and dammages which thereof commeth that it may please him thereupon to ordain remedie Our Soveraigne Lord the King seeing the mischiefes and dammages before named and having regard to the statute made in the time of his Grandfather and to the cause contained in the same which statute alwayes holdeth his force and was never defeated nor annulled in any point and by so much AS HE IS BOVNDEN BY HIS OATH TO DOE THE SAME TO BE KEPT AS THE LAW OF THIS REALME though that by sufferance and negligence it hath been attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great dammage and mischiefs which have hapned and daily do happen to the Church of England by the said cause By assent of the great men and Commonalty of the said Realm to the honor of God and profit of the said Church of England and of all his Realme hath ordered and established c. 28. E. 3 The King for the common profit of him and his people c. hath ordained 36. E. 3. To the honour and pleasure of God and the amendment of the outragious grievances and oppressions done to the people and in reliefe of their estate King Edward c. grantâ—d for him and his Heires for ever these Articles underwritten 1. R. 2. To the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts within our Realm of England which we doe much desire We have ordained c. 3. R. 2. For the honour of God and of holy Church
R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Parl. 2. c. 6. 28. H. 8. c. 7. 1. Mar. c. 6. 13. Eâ—iz c. 1. 3. Iaco. 1. 2. 3. 4. and the Act of Pacification this present Parliament declaring those persons of England and Scotland TRAITORS TO EITHER REALME who shall take up Armes against either Realme without common consent of Parliament which Enact The levying of Warre against the Kingdome and Parliament invading of England or Ireland treachery against the Parliament repealing of certaine Acts of Parliament ill Counselling the King coyning false Money and offering violence to the Kings person to take away his Life to be high Treason not onely against the King and his Crowne but THE REALME TO and those who are guilty of such crimes to bee High Traitors and Enemies TO THE REALME as well at to the King Hence Iohn of Gaunt Duke of Lancaster being accused in a Parliament held in 7. R. 2. by a Carmâ—lite Frier of High Treason for practising sodainely to surprise the KING and seize upon his Kingdome the Duke denied it as a thing incredible upon this very ground If I should thus said he affect the Kingdome Is it credible after your murder which God forbid that the Lords of this Kingdome could patiently endure me Domini mei ET PATRIAE PRODITOREM being a Traitor both of my LORD and COVNTREY Hence in the same Parliament of 7. R. 2. Iohn Walsh Esquire Captaine of Cherburg in France was accused by one of Navarre DE PRODITIONE REGIS REGNI Of Treason against the King and Kingdome for delivering up that Castle to the Enemies And in the Parliament of 3. R. 2. Sir Iohn Annesley Knight accused Thomas Ketrington Esquire of Treason against the King and Realme for betraying and selling the Castle of Saint Saviour within the Isâ—e of Constantine in France to the French for a great summe of money when as he neither wanted Victuals nor meanes to defend it both which Accusations being of Treasons beyond the Sea were determined by Battle and Duels fought to decide them Hence the great Favourite Pierce Gaveston Tanquam Legum subversor Hostiâ— Terrae Publicus Publicus Regni Proditor capite truncatus est and the two Spensers after him were in Edward the second his Raigne likewise banished condemned and executed as Traitors to the King and Realme ET REGNI PRODITORES for miscounselling and seducing the King and moving him to make Warre upon his people Hence both the Pierces and the Archbishop of Yorke in their Articles against King Henry the fourth accused him as guilty of High Treason and a Traitor both to the King Realme and Kingdome of England for Deposing and murthering Richard the second And hence the Gunpouder Conspirators were declared adjudged and executed as Traitors both to the KING REALME for atteâ—pting to blow up the Parliament House when the King Nobles and Commons were therein assembled If then the King shall become an open enemie to his Kingdome and Subjects to waste or ruine them or shall seeke to betray them to a Forraigne Enemy which hath beene held no lesse then Treason in a King to doe who by the expresse resolution of 28. H. 8. cap. 7. may become a Traitor to the REALME and thereupon forfeit his very right and titleâ— to the Crowne it can be no Treason nor Rebellion in Law or Theologie for the Parliament Kingdome Subjects to take up armes against the King and his Forces in such a case when he shal wilfully and maliâ—iously rent himselfe from and set himselfe in direct opposition against his Kingdome and by his owne voluntary actions turne their common interest in him for their good and protection into a publicke engagement against him as a common Enemy who seekes their generall ruine And if Kings may lawfully take up armes against their Subjects as all Royallists plead after they reject their lawfull power and become open Rebels or Traitors because then as to this they cease to be Subjects any longer and so forfeit the benefit of their Royal protection By the self-same reason the bond and stipulation being mutuall Kings being their Subjects Liege Lords by Oath and Duty as well as they their Liege people When Kings turne open professed Foes to their Subjects in an Hostile Warrelike way they presently both in Law and Conscience cease to be their Kings de jure as to this particular and their Subjects alleagiance thereby is as to this discharged and suspended towards them as appeares by the Kings Coronation Oath and the Lords and Prelats conditionall Fealty to King Steven so that they may justly in Law and Conscience resist their unlawfull assaults as enemies for which they must onely censure their owne rash unjust proceedings and breach of Faith to their People not their Peoples just defensive opposition which themselves alone occasioned Seventhly It must of necessity be granted that for any King to levie warre against his Subjects unlesse upon very good grounds of Law and conscience and in case of absolute necessity when there is no other remedy left is directly contrary to his very Oath and duty witnes the Law of King Edward the Confessor cap. 17. and Coronation Oathes of all our Kings forementioned To keepe PEACE and godly agreement INTIRELY ACCORDING TO THEIR POWER to their people Contrary to all the fundamentall Lawes of the Realme and the Prologues of most Statutes intirely to preserve and earnestly to indeavour the peace and welfare of their peoples persons goods estates lawes liberties Contrary to the main tenor of all Sacred Scriptures which have relation unto Kings but more especially to the 1 Kings 12. 21. 23. 24. and 2 Chron. 11. 1. 2. Where when King Rehoboam had gathered a very great army to fight against the ten Tribes which revolted from him for following his young Counsellors advice and denying their just request and crowned Ieroboam for their King intending to reduce them to his obedience by force of armes God by his Prophet Shemaiah expressely prohibited him and his army to goe up or fight against â—hem and made them all to returne to their owne houses without fighting and to Isay 14. 4. 19. to 22. where God threatens to cast the King of Babilon out of his grave as an abhominable branch as a carcasse trodden under foot marke the reason Because thou hast destroyed thy Land and slaine thy People to cut off from Babylon his name and remembrance and Sonnes and Nephewes as he had cut off his peoples though heathens Yea contrary to that memorable Speech of that noble Roman Valerius Corinus when he was chosen Dictator and went to fight against the Roman conspirators who toke up armes against their Country Fugeris etiam honestius tergumque civi dederis quam pugnaveris contra patriam nunc ad pacificandum bene atque honeste inter primos stabis postulate aequa et forte quanquam vel iniquis standum est potius
Spensers and other ill Counsellors about this king in the last yeare of his raigne though the King himself were in their Company and taken prisoner by the Forces raised against them for the necessary preservation reliefe and safety of the Queene Prince Nobles Kingdome to be no high Treason nor offence at all namely the statute of 1. E. 3. c. 1. 2. 3. which I shall recite at large Whereas Hugh Spenser the Father and Hugh Spenser the Sonne late at the suite of Thomas then Earle of Lancaster and Leycester and Steward of England by the common assent and vote of the Peers and Commons of the Realme and by the assent of King Edward Father to our Soveraigne Lord the King that now is AS TRAITORS ENEMIES OF THE KING OF THE REALME were Exled disinherited and banished out of the Realme for ever And afterward the same Hugh by evill Councell which the king had about him without the assent of the Peeres and Commons of the Realme came againe into the Realme and they with other proâ—â—cured the said king to pursue the said Earle of Lancaster and other great men and people of the Realme in which pursuite the said Earle of Lancaster and other great men and people of the Realme were willingly dead and disinherited and some outlawed banished and disinherited and some disinherited and imprisoned and some ransommed and disherited and after such mischiefe the said Hugh and Hugh Master Robâ—rt Baldocke and Edmoâ—d Earle of Arundell usurped to them the Royall power so that the king nothing did nor would doe but as the said Hugh and Hugh Robert and Edmond Earle of Arundell did councell him were it never so great wrong during which usurpation by duresse and force against the Will of the Commons they purchased Lands as well by fines levied in the Court of the said Edward as otherwise and whereas after the death of the said Earle of Lancaster and other great men our Soveraigne Lord the King that now is and Dame Isabel Queene of England his Mother by the Kings will and Common Councell of the Realme went over to Francâ— to treate of peace betweene the two Realmes of England and France upon certaine debates then moved The said Hugh and Hugh Robert and Edmond Earle of Arundell continuing in their mischiefe encouraged the king against our Soveraigne Lord the king that now is his sonne and the said Queene his wife and by royall power which they had to them encroached as afore is said procured so much grievance by the assent of the said King Edward to our Soveraigne Lord the King that now is and the Queene his mother being in so great jeopardy of themselves in a strange Country and seeing the Destruction Dammage Oppressions and Distractions which were notoriously done in the Realme of England upon holy Church Prelates Earles Barons and other great men and the Commonalty by the said Hugh and Hugh Robert and Edmond Earle of Arundell by the encroaching of the said royall power to them to take as good Councell therein as they might And seeing they might not remedie the same unlesse they came into England with an Army of men of warre and by the Grace of God with such puissance and with the helpe of great men and Commons of the Realme they have vanquished and destroyed the sayd Hugh and Hugh Robert and Edmond Wherefore our Soveraigne Lord King Edward that now is at his Parliament holden at Westminster at the time of his Coronation the morrow after Candlemas in the first yeare of his reigne upon certaine Petitions and requests made unto him in the said Parliament upon such Articles above rehearsed by the common councell of the Prelates Earles Barons and other great men and by the Commonalty of the Realme there being by his Commandment hath provided ordained and stablished in forme following First that no great man or other of what estate dignity or condition he be that came with the said king that now is and with the Queene his mother into the Realme of England and none other dwelling in England who came with the said king that now is and with the Queene In ayde of them to pursue their said enemies in which pursuite the King his Fatâ—er was taken and put in ward and yet remaineth in ward shall not be molested impeached or gâ—ieved in person or goods in the kings Court or other Court for the puâ—suite of the said king taking and with holding of his body nor pursuâ—te of any other nor taking of their persons goods nor death of any man or any other things perpetrate or committed in the said pursuite from the day the said king and Queene did arme till the day of the Coronation of the same king and it is not the kings minde that such offenders that committed my trespasse or other offence out of the pursuites should goe quit or have advantage of this statute but they shall be at their answere for the same at the Law Item that the repeale of the said Exile which was made by Dures and force be adnulled for evermore and the said Exile made by award of the Peeres and Commons by the kings assent as before is said shall stand in his strength in all points after the tenure of every particular therein contained Item that the Executors of the Testament of all those that were of the same quarrell dead shall have actions and recover the Goods and Chattels of them being of the said quarrell whose executors they be as they of the same quarrell should c. Certainely here was an higher pursuite and levying warre against the King and his evill Councellors then any yet attempted by this Parliament and a warre rather offensive then defensive in which the king himself was both taken and dâ—tâ—ined Prisoâ—â—r and then forced to resigne his Crowne to his sonne yet this is here justified as a necessary just and lawfull warre by an Act of Parliament never yet repealed and all that bare Armes against the king and his ill Councellors yea they who pursued apprehended and imprisoned the king himselfe are as to this particular discharged by the king and whole Parliament from all manner of guilt or punishment or prosecution whatsoever against them Which consideration makâ—s me somewhat confident that this King and the Parliament held in the 25. yeare of his Raigne ch 2. Which declares it high Treason to levie warre against the King in his Realmâ— did never intend it of a necessary defensive warre against a seduced King and his evill Councellors especially by the Votes of both Houses of Parliament who doubtlesse would never passe any Act to make themselves or their Posteritie in succeeding Parliaments Traytors for taking up meere necessary defensive Armes for their owne and the Kingdomes preservation for that had beene diametraâ—ly contrary to this statute made in the very first yeare and Parliament of this King and would have lâ—yd an aspertion of High Treason upon the king himself the Queene his
moving sedition against the Roman State was beheaded with an axe at Antioch without any legall triall to prevent further seditions which never befell any King before that time writes Alexander ab Alexandro And Agrippa not long after put Bogus King of the Mores to death for siding with Antonius Of later times I read that Ludovicus Pius the Emperour taking Bernard his Nephew King of Itâ—ly prisoner for rebelling and denying his superiority over him carried him into France to determine what should be done with him according to Iustice for this his offence where though a King hee was condemned to death and executed as some or at least cast into prison and had his eyes put out as others write So Charles of France taking Conradine King of Sicily prisoner publikely arraigned and condemned him of high Treason and cut off his head Anno 1208. Yea our owne King Iohn being a Feudatary to the King of France was by Philip the French king in a full Parliament there during his absence in England arraigned condemned to dâ—ath and deposed from his Crown by the sentence of his Peeres for murthering his Nephew Arthur then a Subiect of France with his owne hands So Iohn Bailiol king of Scotland renouncing his homage for that Crowne to king Edward the first was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland to King Edward the first and sent Prisoner to the Tower of London and Mary Queene of Scots within many mens memories after long debate in Parliament was condemned and beheaded at Fothringham Castle Febr. 8. An. 1587. for laying claime to the Crowne of England and other particulars mentioned in our Historians And thus much for the Roman Grecian German Emperours kings and kingdomes I shall now give you a brieâ—e Survey of what Greeke Authors write concerning Kings and Kingdoms and of the power the kinds of ancient Kings and Kingdomes in Greece and other places That great Father of Learning and policie Aristotle Tutor to the greatest Emperour Alexander the Great whose Authority is irrefragable in our Schooles resolves That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people and founded confirmed by the customes and Lawes of each country which Polibius also affirmes That there are 4 severall sorts of Kings some of greater some of lesser Authority and continuance then others some elective some successive some during â—ife some Annuall all of them receiving their distinct jurisdictions Formes Limitations and different Royalties from the peoples primitive or subsequent institutions and consents For all men being equall by the Law of nature can have no dominion nor Superiority one over another but by their own voluntary consents That the Lawes not the Kings Princes or Magistrates be they one or more or never so good ought to be the sole Lords or Rulers of the Common-wealth and that Princes and Governours ought to governe by the Lawes who cannot command what the Lawes doe not command That those who command that the Law should rule command that God and the Lawes should rule but he that commands a man to be a Prince he commands that both a man and beast should be Princes for covetousnesse and the lust of the minde is a certaine beast which perverts both Magistrates and the very best men but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires That the power of the greatest things and greatest power ought DE IVRE of right to be in all the people because their wisdomes resolutions and revenues considered altogether are greater and more considerable then those of a few wise or honest men plased in the highest offices of Magistracie who are but a small particle of the State in respect of all the people That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression and that a King ought to governe by his Lawes and not to doe any thing against them according to his lust wherefore he ought to have so much power and force wherewith he may protect the authority of the Lawes yea he must necessarily have forces and power yet so much onely as thereby he may be able to curbe every particular man or many also yet not so great power but that a populo auâ—em universo idem REX ILLE IPSE COERCERI POTEST the very King himselfe may yet BE CVRBED by all the people such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City And when Dionysius required Guards a certaine Syracusan perswaded them to curbe such Guardâ— to which Polybius also suffragates According to these Rules of Aristotle I read in Dionysius Halicarnassaeus and Polybius that in the Lacedemonian Common-wealth the Kings had not the chiefe Dominion so as they might doe what they pleased sed summa totius Reipub. administratio penes Senatum erat but the chiefe Government of the whole Commonweale was in the Senate from whence the Romanes tooke their paâ—terne Alexander ab Alexandro Boemus and Xenophon write That the Lacedemonians sometimes elected a King out of the Family of the Heracliâ—â—â— or of Agis but more often two joynt Kings of equall Authority out of the stock of Proclus and Aemisthenes who yet had not the chiefe Command as Kings Quiajuris omâ—is publici potestas penes Senatum erat because the power of all publike law or rule was in the Senate the better to keep their Kings from attempting and usurping a Tyranny they being Kings rather in name then Dominion and like the Achaean two Annuall Praetors whence Aristotle makes them the lowest ranke of Kings Iohn Bodin informes us That in the Lacedemonian Aristocracie the Soveraignty remained in the State wherein were two Kings without any Soveraignty at all being indeed nothing else but Captains and Generals for the managing of their Warres and for that cause were by the other Magistrates of the State sometimes for their faults condemned to pay their fine as was Agesilaus and sometimes to death also as was Agis and Pausanias Agis the last of the Lacedemonean kings as Plutarch records being apprehended and condemned by the Ephori without an Indictment and then hanged in a halter Finally Aristotle himself and Xenophon informe us that the Kingdom of the Lacedemonians flourished very long yea longer then any other forme of Government because their Kings power was but small and their Kings never desired greater things then the Lawes would beare by which they had received their Kingdome in the beginning for in the beginning that Kingdome was divided between two joynt Kings After which Theopompus left it more moderated to his successours and constituted the Magistracie of the Ephori who had power even to depose and execute their kings if they offended and rose not up out of their seates unto them to retain that
the long was elected by the Estates of Navarre to be their king in right of his wife but it was upon conditions drawn in writing which they tendered to him and the Queen to subscribe and sweare to before the solemnities of their Coronation in the Estates assembled at Pampelone which they yeelded willingly unto whereof the principall Articles were these 1. First to the Estates to maintain and keep the Rights Lawes Customes Liberties and priviledges of the Realme both written and not written whereof they were in possession to them and their successours for ever and not to diminish but rather augment them 2. That they should disannull all that had been done to the preiudice thereof by the kings their Predecessors and by their Ministers without delay notwithstanding any Let. 3. That for the tearme of 12. yeares to come they should not coyne any money but such as was then currant within the Realme and that during their lives they should not coyne above one sort of money and that they should distribute part of the revenues profits and commodities of the Realme unto the Subiects 4. That they should not receive into their service above foure strangers but should imploy them of the Countrey 5. That the Forts and Garrison of the Realme should be given unto Gentlemen borne and dwelling in the Countrey and not to any stranger who should do homage to the Queen and promise for to hold them for her and for the lawfull Heire of the Countrey 6. That they should not exchange nor engage the Realme for any other Estate whatsoever 7. That they should not sell nor engage any of the Revenues of the Crowne neither should make any Law nor Statute against the Realme nor against them that should lawfully succeed therein 8. That to the first sonne which God should give them comming to the age of twenty yeares they should leave the kingdome free and without factions upon condition that the Estates should pay unto them for their expences an hundred thousand Sanchets or other French money equivalent 9. That if God gave them no children in that case they should leave the Realme after them free with the Forts in the hands of the Estates to invest them to whom of right it should belong 10. That if they infringe these Articles or any part of them the Subiects should be quit of their Oath of subiection which they ought them These Articles being promised and sworne by the king and Queen they were solemnly crowned and the Deputies of the Estates Noblemen and Officers of the Crown took their obedience to them Vpon this agreement all the Castles and places of strength in Navarre were put into the hands of the Estates who committed them unto the custody of faithfull knights in whose keeping they continued a Catalogue of which Castles with the names of the knights that guarded them by the Estates appointment in the yeare 1335. you may read at large in the Generall History of Spaine Before this Anno 1328. the Estates of Navarre assembled at Puentala Reyna to resolve without any respect TO WHOM THE REALM OF NAVARRE BELONGED whether to Edward king of England or to Iane Countesse of Eureux The Estates being adjourned to Pampelone the chief Town of the Realme their opinions were divers many holding that king Edward should have the Realm as Granchilde born of the daughter to Queen Iane daughter to King Henry rather then the Countesse of Eureux in regard of the Sex others with more reason held for the Countesse who was in the same degree but daughter to a Son and Heir to Queen Iane. These prevalled drawing the rest to their opinion whereupon the Countesse was declared true and lawfull Queen of Navarre the Realm having been vacant above four Moneths And untill that she and Count Philip her husband should come and take possession of the Realm they declared the Regent and Viceroy Don Iohn Corberan of Leet Standard bearer of the Realm and Iohn Martines of Medrado Lo here a Parliament of the Estates of Navarre summoned by themselves without a King determining the Right of succession to the Crown appointing a Vicegerent and prescribing such an Oath and Articles to their king as you heard before Anno 1331. king Philip of Navarre to administer justice erected a new Court of Parliament in Navarre which was called New to distinguish it from the old HE AND THE THREE ESTATES of the Realm NAMING MEN WORTHY OF THAT CHARGE Queen Iane and Philip deceasing their son Charles the second surnamed the Bad for his crueltie and ill manners was called by the three Estates of Navarre to Pampelone and there crowned in their Assembly after the manner of his Ancestors swearing to observe the Lawes and Liberties of the Country Aâ—ter which a far stricter Oath was administred to Charles the 3 An. 1390. Anno. 1325. In a generall assembly of all the Estates of Arragon Don Pedro son to the Infant Don Alphonso was sworn presumptive Heir and Successor to the Crown after the decease of his Grandfather and Father the which was there decreed and practised for that Don Pedro Earl of Ribagorca did maintain that if his brother Don Alphonso should die before their Father the Realm did belong to him by right of propriety being the third brother rather then to his Nephew the son of the second brother In this Assembly the Articles of the generall priviledges were confirmed and it was ordained for a Law That no Freeman should be put to the Racke and that confiscations should not be allowed but in Cases of Coyning and High Treason Anno 1328. Alphonso King of Castile treacherously murthering Don Iohn the blinde his Kinsman in his own Court when he had invited him to dinner on all Saints day and then condemning him for a Traitor confiscating his lands a fact unseemly for a King who should be the mirrour of Iustice Hereupon Don Iohn Manuell stood upon his Guard fortified his Castles revolted from the King for this his Treachery allyed himself with the Kings of Arragon and Granado overran the Countries of Câ—stile from Almanca unto Pâ—gnafield the Prior of Saint Iohns Don Fernand Rodrigues hereupon caused the Cities of Toro Zamora and Vailledolit to rebell and shut their gaâ—es against the King and many others likewise reâ—olted from him At last he was forced to call an Assembly of the Estates who gave him Subsidies to ayde him in his wars against the Moors and to conclude a peace with Don Manuel and his other discontented Subjects whom he afterwards spoiling of their lawfull inheritances and pursuing them in their honours and lives by Tyrannous crueltie extending his outragious disdain even to women of his own blood he thereby so estranged most of his Princes and Nobles from him that they revolted from him and jâ—yned with Mahumet king of Granado and the Moors in a warre against him which lasted three or four yeers putting him to infinite troublâ— exations and expences enforcing him to make a
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 wherin 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-regnumâ— where first of all they appointed six 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. Sâ—ottish 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 â—ighest 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 coÌ„stituted 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 2d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented there unto 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 3d. 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 safeâ— 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 men and then spoiled and burned the Towne Country 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 Iames 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 took up Armes to deâ—â—roy 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 Geneâ—all 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
Conquest tendered to and approved by the Conquerour himselfe newly Printed 1641. which in the Section Touching the Kings absence from Parliament resolves thus The King is BOUND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily sicknesse and then he may keepe his Chamber yet so as he lye not without the Manour or Towne at the least where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two Earles two Barons two Knights of the shire two Burgesses and two Citizens to looke upon his person to testifie and witnesse his estate and give Authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name See 8 H. 5. c. 1. Cromptons Iurisdiction f. 13. a. 17. b. according herewith expresse mention being made in that Commission of the cause of his absence there which ought to suffice The reason is because there was wâ—nt to be a cry and murmure in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole commonalty of the Parliament neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELY IN THE CASE AFORESAID And whereas Malignants clamour that most of the Lords are absent as well as the King and therefore this can be no lawfull Parliament The same Authour will informe them That if the Lords be once summoned to Parliament and then appeare not or absent themselves the King may hold the Parliament with the Commonalty and Commons of the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in England because he represents a whole County Towne or City the other himselfe alone without Bishops Earles or Barons because in times past before there was either Bishop Earle or Baron yet even then Kings kept their Parliaments but on the contrary no Parliament can be kept by the King and Peeres if all the Commons for the Kings misgovernment or such like cause should absent themselves This is the judgement of Master Iohn Vowel too who writes in this manner Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld to any thing then the Kings with the consent of his Commons may ordaine and establish any acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents But on the contrary If the Commons be summoned and will not come or comming will not appeare or appearing will not consent to doe any thing illedging some just weighty and great cause the King in these cases cannot with his Lords devise make or establish any Law The reasons are these When Parliaments were first begun and ordained there were no Prelates or Barons of the Parliament and the temporall Lords were very few or none and then the King and his Commons did make a full Parliament which Authority was never hitherto abridged Againe every Baron in Parliament doth represent but his owne person and speaketh in the behalfe of himselfe alone But in the Knights Citizens and Burgesses are represented the Commons of the whole Realme and every of these giveth not consent onely for himselfe but for all those also for whom be is sent And the King with the consent of his Commons had ever a sufficient and full authority to make ordaine and establish good and wholesome Lawes for the Commonwealth of his Realme Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament cannot by their folly abridge the King and the Gommons of their lawfull proccedings in Parliament Thus and more Iohn Vowel in his Order and Vsage how to keepe a Parliament Printed Cum Privilegio And Sir Edward Cooke in his Institutes on Magna Charta proves that the Lords and Peeres in many Charters and Acts are included under the name of the Commons and Commonalty of England But we need not retire to this last doubtfull refuge the Honourable faithfull Lords now present though not so many as could be desired are the intire House of Peeres in judgement of Law as those present at the election of Knights of the Shire or Burgesses though the major part be negligently or wilfully absent are the whole Shire or Burrough and the wilfull absence of the residue though the greater number being contrary to Law contrary to the Priviledges of Parliament and their late Protestations tending to the very subversion of Parliaments for which high contempt they and their Posterities too may justly be disabled for ever to sit as members of that House which they have so dishonourably if not treacherously deserted even as well as Knights and Burgesses whose personall attendance is so necessary that if during the Parliament they absent themselves from it about any businesses of their owne without leave of the House or be so sicke or elected Mayors of a Towne or any other judiciall Officers so as they cannot attend the service of the House they may thereupon be lawfully expelled the House and a new Writ expressing the cause of their removall shall issue for a new election of others in their places to make the House compleat as was resolved by the Commons House 38 H. 8. Br. Parliament 7. can no more disable those now present from being a true and lawfull House of Peeres than the multitudes departing from the true Church of God to the faâ—se disprove it to be the true Church of Christ whose true flocke is but little In a word divers Parliaments have beene kept and held and Acts made without Bishops or Abbots heretofore even while they were reputed members of the Lords House and one of the three Estates in Parliament therefore this Parliament which hath taken away Bishops Votes for ever may be lawfully held notwithstanding any Lords or Commons wilfull absence from it in person who yet as long as they are members of the Parliament shall still be adjudged legally present whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement and make binding Orders though the Chiefe Justice and his fellowes be negligently or wilfully absent Much more then may the Lords and Commons now present doe the like in case of the Kings and other Members wilfull absence of purpose to ruine both Parliament and Kingdome against which they are now in armes and have levyed open warre Sixthly it is most apparent both by Scripture the verdict of all Politicians and writers of note the Statutes of our Realmes and Lawyers that kingdomes Subjects and Parliaments were not created by God for the
in Westminster Church comming to the High Altar before the Clergy and people tooke this solemne Oath upon the Holy Evangelists and many Saints reliques 1. That all the dayes of his life he would be are peace honour and reverence to God and holy Church and the ordinances thereof 2. That to the people committed to his charge he would exercise Right Iustice and Equity 3. That he would abolish naughty Laws and Customes if any were brought upon his kingdome and would enact good Lawes and thesame in good sort keepe and without Mal-engin Which Oath most solemnely taken Baldwin Arch-bishop of Canterbury standing at the Altar forbad him in the name of Almighty God to assume that honour UNLESSE HE HAD A FULL PURPOSE TO KEEPE WHAT HE HAD SWORNE Whereunto Richard ASSENTING and promising by Gods helpe to performe all the premises WITHOUT FRAUD With his owne hand humbly taking the Imperiall Crowne from the Altar delivered it to the Archbishop who set it on his head King Richard deceasing Iohn his younger Brother to put by Arthur the next heire to the Crowne came speedily out of Normandy into England where the great assembly at Northampton to preserve their Rights and Liberties were content to accept of him for their King to yeeld fealty and keepe faith and Peace to King Iohn upon condition onely if he would restore to every of them their Rights which he afterwards violating it was the occasion of great dissentions Comming to London to be Crowned Hubert Archbishop of Canterbury the Pillar of the Common-wealths stability and incomparable for deepe reaching wisedome steps forth in the midst of all the Bishops Lords Barons and others there assembled at his Coronation and spake thus unto them Heare yee all you are in discretion to know that no man hath right or any other fore-title to succeed another in a kingdome unlesse first with invocation for grace and guidance of Gods Spirit he be BY THE BODY OF THE KINGDOME THEREUNTO CHOSEN and be indeed some choyce man and picked out for some eminency of his vertues according to the example and similitude of Saul the first anointed King whom God set over his people though neither the Sonne of a King nor of any royall descent So after him likewise David the son of Iesse the one for being valorous and a person fitting Royall dignity the other for being holy and humble minded To shew that whosoever in a kingdome excelleth all in valour and vertue ought to surmount all in Rule and Authority yet so as that if any of the Of-spring of a deceased King surpasseth others it is fit joyntly to consent in election of such a one This therefore we have spoken in favour of eminent Earle John who is present the Brother of our most illustrious King Richard now deceased wanting an heire of his body whom being provident valiant and truely noble we having invocated the grace of the holy Spirit have all unanimously ELECTED as well in regard of his Merits as of his royall Blood Neither durst any doubt or demurre on these things knowing that the Arch-bishop had not thus defined without cause Wherefore Earle Iohn and all men approving this speech they ELECTED and ASSUMED the Earle for their King and cryed out saying Let the King live But the Arch-bishop being afterwards demanded why he had spoken these things answered That he was assured by some divining foresight that King John would worke the ruine of the kingdome corrupt the Crowne and precipitate it into great confusion And that he might not have the reines free to doe this he OUGHT TO BE CHOSEN BY ELECTION NOT BY SUCCESSION King Iohn at this his Coronation was involved in a threefold Oath namely That hee should love holy Church and its Ministers and preserve it harmelesse from the incursion of Malignants That abolishing perverse Lawes he should substitute good ones and exercise Right judgement in the kingdome of England After which he was adjured by the Arch-bishop in the behalfe of God and strictly prohibited not to presume to accept this honour unlesse he fully purposed in his minde actually to fulfill what he had sworne To which he answering promised that by Gods assistance he would bona fide keepe those things which he had sworne After which he rightly setled the affaires of England by the counsell of his Nobles and then passed over into Normandy But how ill he kept this his Oath with others of this nature and how he violated the Statutes of Magna Charta and De Foresta which he had confirmed with his hand seale Oath Proclamations the Bishops Excommunications yea the Popes Bull within three moneths after he had confirmed them and procured a dispensation of his Oath an abrogation of these Lawes from the Pope making bloody warres upon his Barons and Subjects who confiding to those confirmations and royal promises expected no such strange performances spoyling robbing destroying his people every where in the selfe-same manner as we now are plundered the Histories of his life too manifestly relate which oft put his Crown in danger of utter losse Lewis of France being Crowned King by the Barons in his stead who renounced their allegiance to him for his perjuries and breach of faith and making warre upon them Iohn departing this life his son Henry being but 9. yeares old was proclaimed King through the perswasion of the Earle Marshall and of Pembroke afterwards made his Protector who informed the Lords and Commons that though King Iohn for his evill demeanours deserved their persecution and losse of his Cowne yet his young child tender in yeares was pure and innocent from his Fathers doings Wherefore sith every man is to be charged with the burthen of his owne transgressions neither shall the childe as Scriptures teach beare the iniquity of his Fathers they ought of duty and conscience to beare themselves mildly towards this tender Prince and take compassion of his age And for as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt assistance APPOINT HIM our King and Governour let us reneunce from us Lewys the French Kings Sonne and suppresse his people which are a confusion and shame to our Nation and the yokes of their Servitude let us cast from our shoulders Upon which perswasionâ— Henry was presently proclaimed and Crowned King at Glocester And though he were but an infant yet being set before the High Altar he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques Ioceline Bishop of Bath dictating the Oath That he would beare honour peace and reverence to God to holy Church and Priests all the dayes of his life He likewise swore that he would maintaine right justice among the People committed to his charge And that he would blot out ill Lawes and unjust customes if there should be any in the kingdome and observe good ones and cause them to be kept by all men
manner as the Noble Duke of Exceter was before appointed and designed to execute which charge he was sent for out of France the yeare following In the three and thirtieth yeare of this Kings reigne Richard Duke of York was made Protector of the Realme the Earle of Salisbury was appointed to be Chancellor and had the great seale delivered to him and the Earle of Warwick was elected to the Captainship of Calice and the territories of the same in and BY THE PARLIAMENT by which the Rule and Regiment of the whole Realme consisted onely in the heads and orders of the Duke and Chancellor and all the warlike affaires and businesse rested principally in the Earle of Warwick From which Offices the Duke and Earle of Salisbury being after displaced by â—mulation envie and jealousie of the Dukes of Somerset Buckingham and the Queene a bloody civill warre thereupon enfued after which Anno 39. H. 6. this Duke by a solemne award made in Parliament between Henry the sixth and him was againe made PROTECTOR AND REGENT OF THE KINGDOM By the Statutes of 25. H. 8. c. 22. 28. H. 8. c. 7. and 35. H. 8. c. 1. it is evident that the power and Right of nominating a Protector and Regent during the Kings minoritie belongs to the Parliament and Kingdome which by these Acts authorized Henry the eighth by his last Will in writing or Commission under hiâ— seale to nominate a Lord Protector in case he died during the 〈◊〉 of his heire to the Crowne and the Duke of Somerset was made Lord Protector of the King and Realme during King Edward the sixth his nonage BY PARLIAMENT And not to trouble you with any more examples of this kinde Mr. Lambard in his Archaion p. 135. Cowell in his Interpreter title Parliament Sir Henry Spelman in his Glossarium tit Cancellarius out of Matthew Westminster An. 1260. 1265. Francis Thin and Holinshed vol. 3. col 1073. to 1080. 1275. to 1286. and Sir Edward Cook in his Institutes on Magna Charta f. 174 175. 558. 559. 566. acknowledge and manifest That the Lord Chancellour Treasurer Privy Seale Lord chiefe Iustice Privy Counsellors Heretochs Sheriffs with other Officers of the Kingdome of England and Constables of Castles were usually elected by the Parliament to whom OF ANCIENT RIGHT THEIR ELECTION BELONGED who being commonly stiled Lord Chancellour Treasurer and chiefe Iustice c. OF ENGLAND not of the King were of right elected by the representative Body of the Realme of England to whom they were accomptable for their misdemeanors Seeing then it is most apparent by the premises that the Parliaments of England have so frequently challenged and enioyed this right and power of electing nominating recommending approving all publike Officers of the Kingdome in most former ages when they saw iust cause and never denuded themselves wholly of this their interest by any negative Act of Parliament that can be produced I humbly conceive it can be no offence at all in them considering our present dangers and the manifold mischiefes of the Kingdome hath of late yeeres sustained by evill Counsellors Chancellors Treasurers â—udges Sheriffs with other corrupt publike Officers to make but a modest claime by way of petition of this their undoubted ancient right nor any dishonour for his Maiesty nor disparagement to his Royall Prerogative to condiscend to their request herein it being both an honour and benefit to the King to be furnished with such faithfull Counsellors Officers Iudges who shall cordially promote the publike good maintaine the Lawes and subiects Liberties and doe equall iustice unto all his people according to their oathes and duties unfaithfull and corrupt officers being dangerous and dishonourable as well to the King as Kingdom as all now see and feele by wofull experience In few words If the Chancellors Iudges and other Officers power to nominate three persons to be Sheriffe in every County annually of which his Majesty by law is bound to pricke on â—lse the election is void as all the Iudges of England long since resolved and their authority to appoint Iustices of the Peace Escheators with other under Officers in each shire be no impeachment at all of the Kings prerogative as none ever reputed it or if both Houses ancient priviledge to make publike Bills for the publike weale without the Kings appointment and when they have voted them for lawes to tender them to the King for his royall assent be no diminution to his Soveraignty then by the selfe-same reason the Parliaments nomination or recommendation of Counsellors State-officers and Iudges to his Maiesty with a liberty to disallow of them if there be iust cause assigned can be no encroachment on nor iniury at all to his Maiesties Royalties it being all one in effect to recommend new Lawes to the King for his royall assent when there is need as to nominate meet Officers Counsellors Iudges to him to see these Lawes put in due execution when enacted So that upon the whole matter the finall result will be That the Parliaments claime of this their ancient right is no iust ground at all on his Maiesties part to sever himselfe from his Parliament or to be offended with them much lesse to raise or continue a bloody warre against them That the King hath no absolute Negative voyce in the passing of Bills of Common Right and Iustice for the publike good THe fourth great Objection or Complaint of the King Malignants Royallists against the Parliament is That they deny the King a negative Voyce in Parliament affirming in some Declarations That the King by his Coronation Oath and duty is bound to give his royall assent to such publike Bills of Right and Iustice as both howses have voted necessary for the common wealth or safety of the Realme and ought not to reject them Which is say they an absolute deniall of his royall Prerogative not ever questioned or doubted of in former ages To this I answer first in generall That in most proceedings and transactions of Parliament the King hath no casting nor absolute negative voyce at all as namely in reversing erronious Iudgments given in inferiour Courts damning illegall Pattents Monopolies Impositions Exactions redressing removing all publike grievances or particular wrongs complained of censuring or judging Delinquents of all sorts punishing the Members of either house for offences against the Houses declaring what is Law in cases of difficulty referred to the Parliament of which there are sundry presidents In these and such like particulars the King hath no swaying negative voice at all but the houses may proceed and give Iudgement not only without the Kings personall presence or assent as the highest Court of Iustice but even against his personall Negative vote or dissassent in case he be present as infinite examples of present and former times experimentally manifest beyond all contradiction Nay not only the Parliament but Kings Bench Common Pleas Chancery and every
King for the two next yeares so as the custome of Mal-tolt newly imposed on Woolls 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 County 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 Derby and Iohn 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 the Cinque-ports were to finde 21 ships of their owne and nine ships of the River of Thames Num. 12. The Mariners towards the West promised to finde 70. ships of an hundred Tunne
Charter have confirmed FOR US AND OUR HEIRS FOR EVERMORE these liberties underwritten to have and to hold to them and their Heirs OF US AND OUR HEIRS FOR EVERMORE c. together with the whole tenour and title of this Charter and the two last Chapters of it All those customs and liberties aforesaid which we have granted to be holden within our Realme as much AS APPERTAINETH TO US AND OUR HEIRS WE SHALL OBSERVE And for this our gift and grant of those Liberties c our Subjects have given us the fifteenth part of all their moveables And We have granted to them on the other part that NEITHER WE NOR OUR HEIRS shall procure or doe any thing whereby the Liberties in this Charter contained shall be infringed or broken We confirme and make strong all the same FOR US AND OUR HEIRS PERPETUALLY not the Parliament All these I say infallibly demonstrate that this Statute of Magna Charta did never extend unto the Parliament to restraine its hands or power but onely to the King his Heirs Officers Courts of Justice and particular subjects So that the Parliaments imprisoning of Malignants imposing Taxes for the necessary defence of the Realm and seizing mens goods or imprisoning their persons for non-payment of it is no wayes within the words or intent of Magna Charta as Royallists and Malignants ignorantly clamour but the Kings his Officers Councellours and Cavallâ—ers proceedings of this nature are cleerly most direct violations of this Law And that which puts this past dispute are the severall Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9. 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right it self all which expresly resolve that this very objected Law of Magna Charta extends onely to the King himselfe his Privy Councell Iudges Iustices Officers and inferiour Courts of Iustice but not unto the supream Court of Parliament which no man for ought I finde ever yet held to be absolutely obliged by it before the Kings late recesse from Parliament The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or leavied BY US AND OUR HEIRS not the Parliament in our Realme without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free men of the Land which the Statute of 25. Edward 1. thus explains But by the common consent of the Realme The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus If it be not by common consent of the Prelates Earles Barons and other great men and Commons of our said Realme of England AND THAT IN PARLIAMENT The Statute of 25. Edward the third cap. 8. thus If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT The Statute of 36. Edward the third cap. 11. thus That no Subsidie nor other charge be set nor granted upon the Woolls by the Merchants nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT The Statute of 45. Edward 3. cap. 4. thus it is accorded and stablished That no imposition or charge shall be put upon Woolls Woollsels or Leather other then the custome and subsidie granted to the King WITHOUT THE ASSENT OF THE PARLIAMENT and if any be it shall be repealed and holden for none And the Petition of Right 3. Caroli thus By which Statutes and other good Statutes of this Realm your Subjects have inherited this freedom that they should not be compelled to contribute any Taxe Tallage Custome Aidâ— or other like charge not set BY COMMON CONSENT IN PARLIAMENT Now it is as evident as the noonday sunshine that these Acts onely extend to the King his Heirs Councell Officers inferiour Courts and private Subjects onely and that the Parliament is precisely excepted out of the very intent and letter of them all having free power to impose on the Subjects what Aids Taxes Tallages Customes and Subsidies the shall deem meet by the expresse provision of all these Laws concerning the granting and imposing of Subsidies Therefore by the direct resolution of these Acts the Kings his Councellors present contributions assessements and ransoms imposed on the Subjects are illegall against the letter and provision of all these Acts but the Parliaments and Houses lawfull approved and confirmed by them True will Royallists and Malignants answer who have no other evasion left but this If the King were present in Parliament and consenting to these contributions and taxes of the twentieth part there were no doubt of what you alleage but because the King is absent and not only disassents to but prohibits the payment of this or any Parliamentary Assessements by his Proclamations therefore they are illegall and against these Laws 1 To which I answer First that the King by his Oath duty the ancient custom and Law of the land ought of right to be alwayes present with his Parliament as he is now in point of Law and not to depart from it but in cases of urgent necessity with the Houses free consents and then must leave Commissoners or a Deputy to supply his absence This is not onely confessed but proved by a Booke lately printed at Oxford 1642. with the Kings approbation or permission intituled No Parliament without a King pag. 5. to 16. where by sundry presidents in all Kings Reignes it is manifested That Kings were and ought to be present in their Parliaments which I have formerly cleared If then the King contrary to these Presidents his Oath Duty the Laws and Customs of the Realme the practice of all his Progenitors the rules of nature which prohibit the head to separate it selfe from the body and will through the advice of malignant Councellours withdraw himselfe from his Parliament yea from such a Parliament as himselfe by a spceiall Act hath made in some sort perpetuall at the Houses pleasure and raise an Army of Papists Delinquents Malignants and such like against it and that purposely to dissolve it contrary to this very Law of his for its continuance why this illegall torâ—ious act of his paralleld in no age should nullifie the Parliament or any way invalid its Imposicions or Proceedings for their own the Kingdoms Peoples and Religions preservation all now indangered transcends any reasonable mans capacity to apprehend 2 The right and power of granting imposing assenting unto Assâ—ssements Taxes Suosiâ—iâ—s and such like publique charges in Parliament for the publique safety rests wholly in the Commons and Lords not King and is their owne free act alone depending no waies on the Kings assent nor necessarily requiring his personall presence in Parliament This is evident First by the expresse letter of the forecited Acts No Subsidy Tax Ayde Talleage or Custome shall be set granted taken or leavied but by common consent and grant of the Prelates Earles Barons Knights Burgesses and other free men of the Realme in Parliament or without the assent