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

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presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be ma● their Chiefe Justice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honor of the King and kingdome To these their necessa●● Councels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not defis●● prosecute their purpose neither for losse of money or Lands nor love nor hare no nor yet for life or dea● of them or theirs till they had cleared England to which they and their forefathers were borne from up starts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely arme that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath a● his Sonne Prince Edward also that he would submit ●o their Councels and all those their Ordinances f●● feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Whi● done all the Peeres and Prelates tooke their Oath To be faithfull to this their Ordinance and made all wh● would abide in the Kingdome to sweare they would stand to the ●ryall of their Peeres the Arch-bishop● and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger Brother comming soone after into England to visit the King and his owne Lands the d Matth. Par. p. 952 953. Spe. p. 636. Barons enforce him according to his promise sent them in writing before his arrivall to take this Oath as soone as he la●ded in the Chapter-house at Canterbury Heare all men that I Richard Earle of Cornewall sweare upon ●● holy Gospels to be faithfull and forward to reforme with you the kingdome of England hithert● by the councell of wic●ed men so much deformed And I will be an effectuall coadjuto● to expell the Rebels and troublers of the Realme f●● out of the same This Oath will I observe under paine to for feit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their ●●risdictions to preserve themselves and the Kingdome from slavery and desolation whom Matthew Paris ●● continuer for this service stiles e History Angliae p. 95● Angliae Reipublicae Zelatores the Zelors of the English Republicke Neith● is this their example singular but backed with other presidents In the second and third yeares of King E●ward the second f Walsing ●p●digma Neust An. 1309 1310 Hist Ang. p. 70. to 77. S. p. 608. c. with Holin Stow. Graf How and others F●x Act. Mon. v●l ● Ed. ult p. 480 481. Piers Gaveston his great proud insolent covetous unworthy Favorite miscounselling a● seducing the young King from whom he had beene banished by his Father and swaying all things a●●● pleasure the Pe●res and Nobles of the Real●e seeing themselves contemned and that foraine upstart p●●fe●red before them all came to the King and humbly entreated him That he would manage the Affaires of ● Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from inc●●bent dangers the King Voce ●enus consented to them and at their instance summoned a Parliament at Lond●● to which he commanded all that ought to be present to repaire Where upon serious debate they earn●●ly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and ●o the Church of England The King imagining that they would order Piers to be banished a lo●● time denyed to grant their demand but at last at the importunate instance of them all he gave his assent a● swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Archbishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against all who should contradict these Articles which they caused to be openly read in Pauls Church London in the presence of the Prelates Lords and Commons of the whole Kingdome the King being present Among which Articles they demanded That Magna Charta with other provisions necessary to the Church and Realme should be observed that the King ●s his Father had commanded should thrust all Strangers out of his Court and kingdome and remove ill Councellours ●●om him That he would thenceforth order all the affaires of the Kingdome by the Counsell of the Clergie and Lords ●nd begin no warre nor depart any where out of the kingdome without common consent The King notwithstanding ●ll these things seemed hard and insupportable to him consented to the Articles and banished Piers into ●reland No * Note the credit of Princes Regall promises and Protestations sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations ●ogether with his owne Oath never to reduce Piers sends for him backe to his Court marryeth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe ●o retaine this Gaveston maugre all his Earles Barons and for the love of him to put his Crowne and life in ●erill when time should serve In which whither the King or his favourite shewed lesse discretion it is not ●t the first easily determined it being as unsafe for the one with so offensive behaviour to affect immoderate ●●ew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon ●he Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the ●arons message to the King by common consent That he should banish Piers from his company and observe the ●ffect of the foresaid Articles or else they would certainely rise up against him as a perjured person by a like vow which ●peech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring ●p if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third ●●me abjure the Realme with this proviso that if at any time afterward he were taken in England he should ●e forthwith put to death as a perilous enemy to the Kingdome yet he returning in Christmas to the King at Yorke the Lords spirituall and temporall to preserve the Liberties of the Church the Kingdome and remove this ●iper elected Thomas Earle of Lancaster for their Generall and sent honourable messengers to the King re●uesting him
2. c. 16. f. 24. That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a king cannot doe any thing else in earth seeing be is Gods Minister and Vicar ni●●id solum quod de jure a Luk. 2. 22. 23. 24. ●otest but that onely which he can doe by Law That God the Law and his Court to wit the Earles ●nd Barons in Parliament are above the King and ought to bridle him and are thence called c Comites vi● quia a Comitatu ●ive a societate nomen sumpserunt qui etiam dic● possunt Consules a consulendo Reges enim tales si●● associant ad consulendum regendum populum Dei. ordina●tes eos in magna potestate honore nomine c. Idem l. ● c. 8. f. 5. 6. Co●ites because they are the Kings Companions Fleta an Ancient Law-booke written in King Edward ●he third his raigne lib. 3. c. 3. and 17. useth the selfe same words that Bracton doth and concludes ●hat the King hath a Superior to wit God and the Law by which be is made a Ki●g and his Court of Earles ●nd Barons to wit the Parliament d De Laudibus Legum Argliae c. 9. to 15. Fortescue a great Lawyer Chauncellor to King Henry the 6. ●roves at large That the King is not above but under the Law that be cannot alter the Law of Ergland ●or ●ay any Taxes at all on his Subiects but by Parliament That all lawfull Kings and Kingdomes were at ●●rst created and erected onely by the unanimous free assent of the people that the kingdome of England is a Po●cie or Aristocraticall mixt Government not an absolute royall Soveraignety That the e Hanc potestatem â pop●lo effluxam ipse habet c. p. 25. King hath his ●●yall power DERIVED TO HIM FROM THE PEOPLE whereby it is unlawfull for him to ●le his people by any other power which he prosecutes in sundry chapters too tedious to transcribe ●nd in one word f Chap. 8. vol. ● pag. 173. Raphael Holinshed Iohn Vowell and others in their Description of England ●rinted Cum Privilegio resolve thus of the Parliaments power This House hath the most high and ●bsolute power of the Realme for thereby kings and mighty Princes have from time to time beene ●eposed from their thrones and Lawes are enacted and abrogated Offenders of all sorts punished and cor●pted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE ●EALME and the place where every particular man is intended to be present if not by himselfe yet by ●s Advocate and Attorney For this cause any thing that is there enacted is not to be withstood but obeyed ●● all men without contradiction or grudge and to be short all that ever the people of Rome might doe ei●●er Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their assemblies had power to enact binding Lawes to create and elect ●●eir Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes ●● Officers and to * See Bodine l. 2. c 5. l. ● c. 10 Eutropius and Grimston in the life of Nero Maximinius Heliogabalits and others Livy Rom. Hist l. 1. ●● change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authors resolution the Parliament hath an absolute power to doe the like when ●hey see just cause Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. ●nd Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but ●● in the last Edition hath the same words in effect with Holinshead and addes that the Parliament gi●eth forme of Succession to the Crowne c. Our kings royall power being then originally derived to ●hem conferred on them by the peoples and kingdomes common consents in Parliament and all their ●ew additionall Prerogatives too as the premises evidence it cannot be denied but that the whole ●ingdome and Parliament are really in this sence above him and the most Soveraigne prime power ●●om whence all other powers were and are derived See Fortescue c. 9. to 15. Fourthly This is undeniable because the whole kingdome in Parliament may not onely aug●ent but likewise * abridge allay abolish and resume some branches of the Kings royall power and ●●erogative if there be just cause as when it becomes onorous mischievous and dangerous to the Sub●ects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or ●he Lawes this is most apparant by Magna Charta Charta de Forresta Statutum de Prerogativa Regis De Tall●gio non-concedendo 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. ● 10. E. 3. c. 2. 3 14. E 3. c. 1. 14. 18. E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36. E. 3 c. 10. ● 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. ● 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 ●he Petition of Right 3. Caroli most Statuts against Purveyens Pardons Protections the Acts made this Parliament against Ship-money Knight-hood Forrest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the Continuance of this Parliament whiles they please with g See the Arguments against Ship-money and Impositions and the Declarations against the Commission of Aray sun●ry other Acts which restraine abridge repeale and resume divers reall and pretended branches of the ●ings royall Prerogative because they proved grievous and mischievous to the people and dangeous and pernicious to the kingdome This then answers that irrationall groundlesse position of Doctor Ferne That h Resolving of Conscience Sect 4. 5. the Subjects neither lawfully may nor ought in any case to resume al or any part of that Regall power wherewith they have once invested their Kings by common consent Which as it is contrary ●o that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That ●ll Governments created by mens consents may be altered diminished or repealed by their consents ●● i See Ioshua Iudges Samuel Kings Chron. Daniel throughout ●saiah Ieremy Ezickiel in sundry chap. sundry Presidents and Prophesies in Scripture concerning the alterations the Subversions and Dimi●utions of kings and kingdomes to the constant practise of k See Sleidan de 4. or Imperiis Mat. West Livy Iustin Opmerus Purchas Chronicon ●hronicorum and all generall Histories all Realmes and States whatsoever from ●dam till this instant who have undergone many strange alteratians eclipses diminutions yea Pe●●ods of Government to the Resolution of l Polit. l.
belongeth to a King for hasty rashnesse bringeth all things to ruine according to the saying of th● Gospell Every Kingdome divided in it selfe shall be brought to desolation Master o Vol. 1. p. 214. Fox informes us that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes but the most part of them he omitted contrary to his Oath at his Coronation Indeede I finde not that the Conqueror tooke this Oath when he was crowned but I reade in * History p. 440. 441. Speed and others that William the Conquerour abrogating for the most part the ancient Lawes of the Land and introducing ne● hard Lawes of his owne written in the Norman tongue which the people understood not and th● 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 Athelin for the● Generall once againe and ●ell into a new conspiracie raising great forces and resolving to make th● sword their Iudge The King hereupon by Lanfrankes advise who as Re●oboams sages gave him counsell somewhat to beare with their abuses rather then to hazard the ruine of all in fight appointed a meeting at Berkham●teed Anno 1172. where the King entring parly with the English Nobility did so farre winde himselfe into their good opinions that they all forthwith layd downe their weapons And he for his part fearing to lose the Crowne with shame which he had gotten with effusion ●f 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 ●●epe the ancient Lawes of this Land and most especially those compiled by King Edward the Confessor ●hough as the event soone shewed he little meant to doe as he promised Peace thus established ●is conference ended and the Kings oath received the English Armies disband themselves as drea●ing Note this they had now good fortune by the foote and hoping the greatest stormes of their dangers were ●a●t which presently proved but a vaine surmise For king William having compounded with the ●anes began extreamely to hate the English Nobles and with full resolution of their destruction ●●ddenly set upon them apart which he durst not attempt when they were united so that * See H●ntindon Hist l. 7. p. 369. Mat. Paris Hist p. 6. s●aying ●ny imprisoning others and persecuting all of them with fire and sword well was he that could ●e first ●●ne Such little faith or assurance is there in the solemne Oathes and Protestations of Kings to ●●eir Subjects which are seldome really performed and intended onely as snares to intrap them if ●●ey confide and rely upon them without any better security The forme of the kings Coronation ●er since Edward the a hath beene this and is thus administred p Magna Charta Printed Cum Privilegio London 1558. part 2. f. 16●● Iudamentum Regis quando corona●u● Remonstrance Nov 2. p. 25. to 38. The Metropolitan or Bishop ●●at is to Crowne the King with a meane and distinct voyce shall interrogate him if he will confirme with an ●ath the Lawes and customes granted to the people of England by ancient just and devout kings towards ●od to the samepeople 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 ●et the Metropolitan or Bishop expound to him what things he shall sweare saying thus Thou shalt ●epe to the Church of God to the Clergie and people Peace intirely and concord in God according to thy ●●wer The king shall answer I will keepe it Thou shalt cause to be done in all thy judgements equall ●dright justice and discretion in mercy and verity according to thy power He shall answer I will doe it ●●ou grantest just Lawes and Customes to be kept and thou dost promise that those Lawes shall be protected ●d confirmed by thee to the honour of God QUAS VULGUS ELEGERIT which the people shall ●se according to thy power He shall answer I doe gra●t and promise And there may be added to ●e foresayd Interrogations what other things shall be just All things being pronounced he shall confirme that he will observe all things with an oath upon the Altar presently taken before all There ●ath beene a late unhappie difference raised betweene the q See the Parliaments Remonstrance of the 26. of May. p. 9. His Majesties Answer thereto p. 16. 17. and the Parliaments Reply Nou. 2. p. 2● to 38. king and Parliament about the word ELEGERIT the Parliament affirming the word to signifie shall chuse according to sundry written ●oles and Printed Coppies in Latin and French the King on the contrary affirming it should be ●●th chosen But he that observes the words of the ancient Oathes Populo tibi commisso rectam ●●liciam exercebis malas leges iniquas consuetudines si aliquae fuererint in Regno tuo delebis bonas servabis all in the future tence and the verbes servabis Facies fier● protegendas cor●oborandas in ●e former and same clauses of the Oath now used all of them in the future with the whole Scope ●tent and purport of this part of the Oath must necessarily grant shall chuse to be the true rea●ng and that it referres to the confirmation of * Iudge Huttons Argument against Ship-money p. 32. determines so future Lawes to be afterwards made in Parliament not those onely in being when the Oath was administred else kings should not be obliged by their ●athes to keepe any Lawes made after their Coronations by their owne assents but onely those ●●eir Predecessors assented to not themselves which were most absurd to affirme From these severall Oathes and Passages the usuall forme of the Nobles proclaiming such and ●●ch Kings of England with other r Page 4. ●● forecited Histories it is apparant First that Popish Parliaments Peeres and Subjects have deemed the Crowne of England not meerely successive and he●dita●y though it hath usually gone by descent but arbitray and elective when they saw cause ma● of our kings comming to the Crowne without just hereditarie Title by the Kingdomes Peeres ●d peoples free election onely confirmed by a subsequent Act of Parliament which was then re●●ted a sufficient Right by vertue whereof they then reigned and were obeyed as lawfull kings ●d were then and yet so acknowledged to be their Right by Election of their Subjects being seldome or never adjudged an illegall usurpation in any Parliaments whence the statute of 1 E. 4. c. 1. ● d ● E. 4. ● 2. declare king Henry the 4. 5. and 6. to be successively kings of England indeed and not right yet not usurpers because they came in by Parliament Onely Richard the third who treacherously murthered Edward the 5. his
in their Controversies of the Popes Supremacy of general Councels Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene c See Grafton p. 512 513. 161. Matthew Paris p. 954. Fox old Edition p. 508. King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors d See Hoveden p. 724 725 for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finall Judges of it Not to give you a●y instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our e Walsingham Hist p. 514. Speed p. 647 648. Kings Edward the first King John f Matthew Paris p. 273. 274 275. condemned to death by a Parliament in France by French Peeres for slaying his Nephew Arthur trecherously with his owne hands and likewise to lose the Crowne of England Henry the third and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip Nor yet to repeate the i pag. 5. forementioned precedents how the Lords and Commons when the Title to the Crowne hath beene in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by compe●itors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the * See Matthew Westm Fabian Grafton Holin Kingdom Lords and Commons then disposed of the Crowne in cases of minority want of He●res misgovernment and c●ntroversies ab●ut the Title to the Crowne * Polichron l. 6. c. 18. Speed p. 399. See Grafton and Holinshed accordingly Canutus after the death of King Edmond Anno 1017. claiming the whole Realme against Edmonds Brethren Sons referred his Title upon the agreement made between Edmond and him fo● this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of feal●y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmes●wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10●0 Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxfo●d who gave their voyces to Harold there present and presently proclaimed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying * Huntindon l. 6. Polychron l. 6. c. 18. Speed p. 410. Matthew West●n An. 1042. p. 415. Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harolds death enacted by Par●iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none o● the Danish blood should any more Reigne over them was elected King and declared ●ight Heire to the Crowne Anno 1126. k Hoveden Hun●ingdon Matthew Westminster Matthew Paris Walsingham Polychronic●n Fabian Anno 1126. Speed p. 477. See Ho●inshed Grafton Stow Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to fucceed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English Blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to ●er As much as in them lay after King Henries death if ●e dyed without issue male to establish ●er Queene ●f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyse●●us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres ●o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris ● 82 83. Speed p. 497. Hoveden p. 490. Hun●indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty ● Wal●ingford where by the advise of the Lords they made this accord That Stephen if he would should ●eaceably hold the kingdome during his life and that Hen●y should be his adopted Sonne and Successor enjoy ●he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should ●weare that Henry after the Kings death if he su●vived him should P●ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parl●ament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the Kingdome In the 8. and 25. E. 3. there was a m 25. E. 3. Parl 2. in the Statuts at large doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should in●erit lands in England The King to cleare all doubts and ambiguities in this case and to have the La● herein reduced to ce●tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliam●nt in the 25. yeare of his Raigne to delibera●● of this point who with one assent resolved That the Law of the Realme of England is and alwayes hath beene such that the children of the Kings ●● England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a special Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a * Cooke l. 7. The Princes case Parliament 11. E. 3. this
had sworne After ●hich he rightly setled the affaires of England by the counsell of his Nobles and then passed over in●o Normandy But how ill he kept this his Oath and others of this Nature and how he violated the ●tatutes of Magna Charta and D● Forresta which he had confirmed with his hand seale oath Pro●amations the B●shops Excommunications and the Popes Bull within three moneth● after he had on firmed them and procured a dispensation of his oath and abrogation of these Lawes making ●loody warres upon his Barrons and Subjects who confiding to those confirmations and royall pro●ises expected no such strange performances spoyling robbing and destroying his people every ●here in the selfe-same manner as we now are plundered * See before p. 5. 8. Graf p. 11. Mat. Paris p● 243. to 247. worthy reading and consideration the Histories of his life too manifestly ●● late which oft put his Crowne in danger of utter los●e Lewis of France being crowned king by the ●●rons in his steed who renounced their allegiance to him for his perjuries and breach of faith and ●aking warre upon them John departing this life his sonne Henry being but 9. yeares old was pro●aimed king through the pe●swasion of the Earle Marshall and of Pembroke afterwards made his ●rotector who informed the Lords and Commons h Fox Acts Mon. Ed. t●lt v. 1. p. 334 Speed p. 591. that though King Iohn for his evill demeanors ●eserved their persecution and l●sse of his crowne yet his young child tender in yeares was pure and inno●nt from his fathers doings Wherefore ●ith every man is to be charged with the burthen of his owne trans●ressions neither shall the child as scriptures teach beare the iniquity of his Fathers they o●ght of duty ●nd conscience to beare themselves ●ildly towards this tender Prince and take comp●ssion of his age And ●r as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt ●llistance APPOINT HIM our King and Governour let us renounce from us Lewis the French kings ●onne and suppresse his people which are a confusion and shame to our Nation and the yoakes of their Ser●itude let ●s cast from our shoulders Vpon which perswasions Henry was presently proclaimed and crowned king at Glocesler And though he were but an infant yet being i Mat. Paris p. 278. 305. 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 ●● Church and Priests all the dayes of his life He likewise swore that he would maintaine right Iustice among the people committed to his Charge And that he would blot out ill Lawes and unjust customes if that should be any in the kingdome and observe good ones and cause them to be kept by all men How well ● observed this solemne oath with many others of like nature made to his Lords and Subjects f● confirmation of Magna Charta and their Liberties k In his Edition Tiguri 1589. p. 876. 938. 958. 959 960. Mathew Paris will informe us who writ● that the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prela●● and Lords knew not how to hold this Proteus the King for where there is no truth there can be no ●ix● confidence That thought he sometimes humbled himselfe confessing that he had beene often bewitched ● ill Counsell and promised with a great Oath solemnely taken upon the Altar and coffin of Saint Edwar● that he would plainely and fully correct his former Errors and graciously condescend to his naturall Subject good counsell yet his frequent preceding breaches of oathes and promises sepenitus incredibilem reddider●● made him altogether incredible so that though he usually heard three Mosses every day but seldome a● Sermons as l Hist Angl. P. 1. Walsingham notes yet none would afterwards beleeve him but ever feare and susp●● his words and actions and to avoyd the infamie of perjurie which he feared he sent to the ●ope● absolve him from those Oathes he repented of who easily granted him an absolution Such faith and assurance is there in the Oathes and Protestations of Princes to their Subjects whose Politicke capacities oft times have neither soule nor conscience This perfidiousnesse in the king made his long raig● full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne a● kingdome as our Historians informe us for which he repented and promised amendment at h● death m Lib. 3. c. 9. f. 107. Bracton an ancient Lawyer in this kings dayes writes That the king in his Coronation OVGHT by an Oath taken in the name of Iesus Christ to promise these three things to the people subject to hi● First that he will command and endeavour to his power that true peace shall be kept to the Church and ● Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities ● all degrees Thirdly That in all Iudgements he will command equitie and mercy that so God who is gracious and mercifull may bestow his mercy on him and that by his justice all men may injoy firme peace F● saith he a King is SACRED and ELECTED to wit by his kingdome for this end to doe justis 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. And before the Conquest I re● in n Fox Acts and Monuments Edition 1641. vol. 1. p. 214. and Lambards Archaion Leges Edwardi c. 17. Bilson par 3 p. 494. King Edward the Confessors Lawes not onely the Office but Oath of the King whom he an● Bracton oft stiles Gods and Christ Vicar upon earth thus excellently described A King ought abo● all things to feare God to love and observe his Commandments and cause them to be observed through h● whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved s●● as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe justice an● judgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King ● his owne person to doe taking his oath upon the Evangelists and the blessed Reliques of Saints swearing ● the presence of the whole state of his Realme as well of the temporalty as of the spiritualty before he ●● 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 he keepe under as his servants and slaves he shall reigne well an● honorably in his Kingdome He must doe all things with good advisement and praemeditation and th● properly
Kings eldest sonne was created Duke of Cornwall by Parliament which then also entailed the Dutchy of Cornwall upon the eldest sonnes of the Kings of England See 21 R. 2. c. 9. * 7. H. 4. c. 2. Hals Chronicle 1. H. 4. f. 10. 15. Fabian par● 7. p. 376. Speed p. 763. King Henry the fourth the ●et●er to assure the inheritance of the Crownes and Realmes of England and France to him and his posterity caused them by a speciall Act of Parliament in the first yeare o● his raigne to be entailed and setled on himselfe and the heires of his body begotten and Prince Henry hi● eldest sonne to be established pronounced ordained and decreed heire apparant to him and to succeed hi● in the said Crownes and Realmes to have them with their appurtenances after the Kings death to him an● the heires of his body begotten And if he should die without heire of his body begotten then to remaine to th● Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lor● Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for t●● avoyding for all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and ●e plenteously served of all things necess●ry both for viande and apparell and if any persons should presume to reare warre or congregate a multitude ●o deliver him out of prison that then he should be the first that should die ●or that sedi●ious comm●tion Which King Richard as * Fabian part 7. p. 373. Sir John B●got by his Bill exhibited to this Parliament averred h●● divers times at sundry Parliaments in his time holden said that he would have his intent and pleasur● concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde b● would by one meanes or other bring him out of his life And further said to him at Lichfield in the one ●● twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons ha●● him in ●s great awe and dread as ever they had of any his Progenitors so that it might be chronicled of him that none passed him of honour and dignity with condition that he were deposed and put ●●rom his said dignity the next morrow after So wilfull was he as to preferre his will before his Crowne or safety n Hall An. 38. 39. H. 6. f. 176. to 183. Fabian An●o 1441. p. 470. Grafton p. 643. to 648. Holins Stow Howes An. 1440 144● In the yeares 1440. and 1441. Edward Duke of Yorke came into the Parliament House an● there in a large Oration laid claime and set forth his Title to the Crowne of England which King He●ry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene the● both ●ides submitting to their resolution as the proper Judges of this weighty royall controversie After lon● debate and consideration of the case among the Peers Prelates and Commons of the Realme it w●● finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yea●● and more that he sh●uld enjoy the name and title of King and ●ave p●ssessi●n of the Realme during his n●turall life And if he either died or resigned or FOR FAITED THE SAME for breaking ●● part of this concord then t●e said Crowne and authority royall should immediately descend to the Duke ●● Yorke King Edward the 4. his Father if he then live● ●r else to the next heire of his line And that the s● Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the Ki●● did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the de●● of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke T● TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed ● swore to and then caused them to be enacted Loe here we have these two Kings submiting their Titles ● the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraig● Judge betwene them who settled the Crowne in this order under paine of ●orfeiting it by Ki●● Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in ●● full age as o Historia Angliae p. 458. Parliamentum fuit c●nv●catum in qu● Parliamento ex assensu omnium Statuum idem Dux Defensor seu Protector Angliae fuera● nomina●us ordina●us omniaque Regni off●cia beneficia ejus dispositioni sunt commissa Walsing●am informes us a Parliament c●nstituted Duke Humsry to be protector of hi● and h●s Kingdome of England and the Duke of Bedford to ●e Regent of France during his minority wh● exercised all regall power by vertue of that authority which the Parliament derived to them A●● this in these two Kings reignes p See Grafton p. 691. 692. Speed p. 869. 878. 859. 886. 1. E. 4. c. 1. 17. E. 4. c. 7. the Crown and its descent were variously setled by Parliament as I ha●● formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it ●● akered or reversed by another Parliament King q Speeds Hist p. 928. 931 Richard the third comming to the Crown by usurp●tion to strengthen his Title procured the Lords and Commons to passe an Act of Parliament where in th● declare him to be their lawfull King both by election and fuccession entaile the Crowne upon him and the hei●● ●f his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in ●he royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teach●th that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled ●n Parliament and by the Authority of the ●ame makes before all other things most faith and certainty and ●uieting of mens mindes removeth the occasion of all doubts and seditious language r Halls Chro. 1 H. 7. f. 855. Henry the seventh af●erwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to set●le the inheritance of ●he Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace ●f God so to endure and on none