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
lived in the time of Charlemayne under the Reigne of King Lewis called Sanctus when France was in her flourishing Estate and the Princes and Lords were of souple nature ranking with the termes of duty and obedience the Parliaments were ruled and assured at certaine seasons of the yeare For in times of Peace foure Parliaments were holden yearely or three at the least And the same was used under the Reigne of his Sonne Philip the Hardy Third of the name In the time of Philip de Bel. his Sonne King of France and Navarre they were reduced to two Parliaments yearely according to the ancient custome One in Winter and the other in Summer during Peace and but one in Winter during Warre It appeareth neverthelesse by the Registers of the Court that by hinderance of warre against the Rebellious Flemmings there was not any Parliament during some yeares And the King by his Ordinance dated the Munday after Mid-lent An. 1302. set downe in the Register of ancient Orders of Parliament fol. 45. Willed that for the commodity of his Subjects there should be every yeare two Parliaments at Paris and in other Provinces as Andrew Favin Records By which it is apparent that Parliaments in France Spaine and other kingdomes were not arbitrarily called at the Kings free pleasures as seldome as they pleased but frequently summoned every yeare once twice or more at certaine seasons publike Acts of Parliament for the better government of these Realmes redresse of grievances and preservation of the peoples Liberties against all royall encroachments on them In Germany though Diets and Assemblies of the States be commonly made by the Emperours and in their names yet we find that the Princes Electors and Estates have assembled not onely without but against the Emperours consents when they saw good cause and not onely questioned but deposed their Emperours and elected new in their steads of which there are sundry precedents in the lives of Ludovicus pius Henry the 1 4 5 6 7. Frederickes Barbarossa Charles the Grosse Winceslaus Philip Otho the fourth Ludovicus Bavarus and others In this regard therefore of forcing Kings to summon Parliaments so frequent with Popish Prelates Peeres Subjects both in our owne and other Realmes our present Protestant Parliament and all others since the Reformation have beene more moderate and dutifull then those in times of Popery heretofore or then the Popish Rebels in Ireland are now who have lately at Kilkenny held a kinde of Parliament erected new Lawes and Officers of Iustice enacted new Lawes and Ordinances as well Civill and criminall as Martiall and done as much herein without the Kings assent or Commission as our King and Parliament could doe if conjoyned Fourthly Our Popish Barons Prelates and Commons have refused to meete in Parliament when the King hath summoned them by his Writ An. Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Oxford where the King now resides but they all joyntly sent him an expresse message that they would not come upon his summons for that the Kings person went guarded with Poictovines and other strangers who swayed and miscounselled him as ill Counsellors doe now the King so as they could not there appeare with safety at which message the King grew very angry resolving that they should be once twice and thrice summoned to appeare Whereupon Roger Bacon who usually preached before the King freely told him That if he did not remove from him Peter Bishop of Winchestor and Peter de Rivallis his malignant Counsellors he could never be quiet And Roger Bacon a Clergy man also of a pleasant wit seconding Roberts advise told the King that Petrae and Rupes were most dangerous things at Sea alluding to the Bishops name Petrus de Rupibus The King hereupon comming a little to himselfe and taking that good advise of Schollers which he would not of his Peeres summons another Parliament to be holden at Westminster giving the world to know withall that his purpose was to amend by their advise whatsoever was to be amended But the Barons considering that still there arrived more and more strangers men of warre with Horse and Armes as now alas we see they doe and not trusting the Peictovine Faith as we have now cause to mistrust the perfidious papists and malignant Cavaliers and seeing no footsteps of peace our present condition refused to come at the appointed day sending the King word by solemne Messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovines out of his Court which if he refuâ—ed they all of them by the common consent of the whole kingdome would drive him with his wicked Counsellors out of the Kingdome and consult about creating a new King These things thus acted the King was much dejected in mind and all his Court too hanging downe their heads and fearing not a little lest the errors of the Sonne should become worse then the Fathers errors whom his Subjects indeavouring to depose from his Royall Throne almost detruded him to that name which was given him by a certaine presage Iohn the Banished Wherefore he could easily have beene drawne to redeeme the love of his naturall Liegemen with the disgrace of a few strangers But the Bishop of Winchester with other his ill Counsellors and Poictovine Cavaliers counselled him to take up Armes against his rebellious Subjects as they stiled them and to give their Castles and Lands to them who would defend him and the kingdome of England from these Traytors The Counsell now given to his Majesty by his ill Counsellours and Cavaliers hereupon the King inclining to the worser part raiseth an Army of Poictovine foraine Souldiers which came to him being sent for out of Flanders from whence the King now hath many old Souldiers and Commanders sent him seiseth a Manour of Guilbert Bassets a Noble man given him by King Iohn calling him Traytor when he demanded it sets downe a day wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty and being at Glocester with his Army whither the Lords refused to come being required the King thereupon as if they were Traytors burnes their Manors destroyes their Parkes and Ponds besiegeth their Castles and without the judgement of his Court and of their Peeres denounceth them exiles and banished men gives their Lands to the Poictovines and adding griefe to griefe wound to wound commanded their bodies to be apprehended where ever they were within the kingdom he likewise sends a defiance to the Earle Marshall whose Lands he had wasted who thereupon understood himselfe discharged of that obligation by which he was tyed to the King and free to make his defence Whereupon he seeing neither Faith nor Oath nor Peace to be kept by the King or his ill Counsellours who contrary to their promise and Oath refused to deliver up his Castle which they promised to render to him
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
against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Arch-bishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against al 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 kingdom 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 as his Father had commanded should thrust al Strangers out of his Court and kingdome and remove ill Counsellours from him That he would thenceforth order all the affaires of the kingdome by the Counsel of the Clergy and Lords and begin no war nor depart any where out of the kingdome without common consent The King consented to the Articles and banished Piers into Ireland No sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations together with his owne Oath never to reduce Piers sends for him back to his Court marrieth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe to retaine this Gaveston mangre all his Earles Barons and for the love of him to put his Crowne and life in perill when time should serve In which whether the King or his Favourite shewed lesse discretion it is not at the first easily determined it being as unsafe for the one with so offensive behavior to affect immoderate shew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon the Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the Barons message to the King by common consent That he should banish Piers from his company and observe the effect of the foresaid Articles or else they would certainly rise up against him as a perjured person by a like vow which speech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring up if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third time abjure the Realme with this proviso that if at any time afterward he were taken in England he should be 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 kingdom and remove this Viper elected Tho. Earle of Lancaster for their Generall and sent honorable messengers to the King requesting him to deliver Piersinto their hands or drive him from his company out of England as being perswaded while that King-bane breathed peace could never be maintained in the Realme nor the King abound intreasure nor the Queene enjoy his love But the wilfull King would not condescend Whereupon the Lords thus contemned and deluded presently raise an Army and march with all speed towards Newcastle not to offer injury or molestation to the King writes Walsingham the case and purpose of the preâ—ent Parliaments Army but that they might apprehend Piers himselfe and judge him according to the Laws enacted Which when the King heard he fled together with Piers to Tynemouth and from thence to Scarborough Castle Where Piers was forced to yeeld himselfe upon condition to speake but once more with the king And then carried to Warwick Castle where he had his head strucke off at the command and in the presence of the Earles of Lancaster Warwicke and Hereford as one who had beene a subverter of the Lawes and an open Traytor to the kingdome and that without any judiciall proceedings or triall of his Peeres though an Earle and so deare a Favorite of the Kings Which bred a lasting hatred betweene the King and his Nobles Who being afterwards charged by the King in Parliament with their contempt against him in the spoiles committed by them at Newcastle and wickedly killing Piers they stoutly answered That they had not offended in any point but deserved his royall favour for that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act of Pardon that no man should be questioned for Gavestons returne or death printed in old Magna Charta Not long after this unfortunate King doting upon the two Spencers as much as ever he did on Gavesâ—on to whom they succeeded not onely in pride rapine oppression and intolerable inâ—olencies but even in height of familiarity and power with the King So as they ruled and lead the King as they pleased in so much that no Earle Baron or Bishop was able to dispatch any thing in Court without their advise and favour which made them generally envied of all because they domineered over all The Lords and Barons hereupon confederated together to live and die for justice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with their forces at Shirborne Thomas of Lancaster being their Captaine they tooke an oath to prosecute their designe to the division of soule and body Then they spoyled these Spencers and their friends goods take their Castles by violence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law and equity and following the impetuousnesse of their minds they march on to Saint Albons with Ensignes displayed and sent solemne messengers to the King then at London commanding him not onely to rid his Court but kingdome too of the Traytors of the Realme the Spencers condemned in many Articles which they had framed against them by the Commonalty of the Realme if he loved the peace of the Kingdome And they further required the King to grant letters Patents of indempnity to themselves and all such as had bore armes in their company that they should not be punished by the King or any other for their forepast or present transgressions The King denyed both these demands at first as unjust and illegall swearing that he would not violate his Coronation Oath in granting such a pardon to contemptuous Delinquents Whereupon running to their armes they marched up to London entred the City and to avoyd danger the King through the Queenes and others mediation condescended to their desires passing an Act for the Spencers banishment and the Barons indemnities which you may reade in ancient Magna Chartaes Upon this the Barons departed neither merry nor secure despairing of the Kings Benevolence which made them goe alwayes armed and to retire to safe places The King soone after recalling the Spencers reversed the sentence against them as erroneous gathers an Army encounters and defeates the Barons and puts many of them to death by these Spencers procurements who not content with their bloud procured also
their destruction attended in ambush The King sweares his innocency promising safe conduct to the Lords if they would come who thereupon came strongly guarded and would trust no longer The King sitting in Royall State in Westminster Hall the Lords present themselves upon their knees before him and being required by the Lord Chancellor Why they were in warlike manner assembled at Haring gye Parke contrary to the Lawes their joynt answer was That they were assembled for the good of the King and kingdome and to weed from about him such Traytors as he continually held with him The Traytors they named to be Robert de Vere Duke of Ireland Alexander Nevill Arch-bishop of Yorke Michael de la Pole Earle of Suffolke Sir Robert Trâ—silian that false Justiciar Sir Nicholas Brambre that false knight of London with others To prove them such They threw downe their Gloves as gages of challenge for a triall by the Sword The King hereupon replyed as knowing they were all hidden out of the way This shall not be done so but at the nâ—xt Parliament which shall be the morrow after Candlemas all parties shall receive according as they deserve And now to you my Lords How or by what authority durst you presume to levy Forces against me in this Land did you thinke to have terrified mee by such your presumption Have not I men and armes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of you all no more than of the basest Scullions in my kitchins Having used these and many like high words he tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The rest of the conference was calme and the whole deferred till the next Parliament then shortly to be holden at Westminster In the meane time that the world might see how little able the King was to equall his words with deeds a Proclamation was set forth in which the King before any tryall cleareth the Lords of Treason names thoâ—e persons for unjust accusers whom the Lords had before nominated The Lords neverthelesse thought not good to sever themselves but kept together for feare of the worst which fell out for their advantage For the Duke of Ireland with the Kings privity such was his false dissimulation had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke slew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare Among the Dukes carriages was found as the devill or rather God would have it certaine Letters of the Kings to the said Duke by which their Counsels were plainely discovered The Lords hereupon march with speed up to London having an Army of forty thousand men the Lord Mayor and City doubtfull whether to displease the King or Lords upon consultation receive the Lords into the City and supply their Army with provisions in the Suburbs Which the King hearing of seemed to slight them saying Let them lye here till they have spent all their goods and then they will returne poore and empty to their houses and then I shall speake with and judge them one after another The Lords hearing this were exceedingly moved and swore They would never remove thence till they had spoken with him face to face And forthwith sent some to guard the Thames lest the King should slip out of their hands and then scoffe at them The King being then in the Tower and seeing himselfe every way encompassed sent a message to the Lords that he would treat with them who thereupon desired him That he would come the next day to Westminster where they would declare their desire to him The King replyed That he would not treat with them at Westminster but in the Tower To which the Lords answered That it was a suspicious place because traines might there be laid for them and dangers prepared to destroy them Whereupon the King sent word They should send thither two hundred men or more to search and view all places lest any fraud should lye hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to him briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability and underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them together with the French packets they had intercepted whereby it appeared he had secretly practised to flye with the Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the Crowne of England held in those parts whereby his honour might diminish his strength decay and his fame perish The King seeing this knew not what to doe especially because he knew himselfe notably depressed At last craving leave they left him confounded and shedding teares yet upon condition that he should come to Westminster the next day where hee should heare more and treate of the necessary affaires of the kingdome Which he promised to doe retaining the Earle of Darby to sup with him But before he went to bed O the ficklenesse of weake Princes and faithlessenesse of their royall words and Protestations some whisperers telling him that it was not decent safe nor honourable for the King to goe thither he changed his resolution The Nobles hearing this were very sad and discontented and thereupon sent him word That if he came not quickely according to appointment they would chuse them another King who both would and should obey the Counsell of his Peeres The King strucke with this dart came the next day to Westminster there attending his Nobles pleasures To whom after few discourses the Nobles said That for his honour and the benefit of his kingdome all Traytors whisperers flatterers evill instruments slanderers and unprofitable persons should be banished out of his Court and company and others substituted in their places who both knew how and would serve him more honourably and faithfully Which when the King had granted though with sorrow they thought fit that Alexander Nevill Archbishop of Yorke Iohn Fordham Bishop of Durham with sundry other Lords knights and Clergy men should be removed and kept in strait prison to answer such accusations as should be objected against them the next Parliament Whereupon they were apprehended forthwith and removed from the Court After the feast of Purification the Parliament much against the Kings will who would have shifted it off at that time began at London The first day of the Session Fulthorpe and all the rest of the Judges were arrested as they sate in judgement on the Bench and most of them sent to the Tower for that having first over-ruled the Lords with their Counsels and direction which they assured them to be according to Law they afterward at Nottingham gave contrary judgement to what themselves had determined formerly Tresilian the chiefe Justice prevented them by flight
of Yorke to shew and make report unto the Lords of the Parliament of his voluntary Resignation and also of his intent and good minde that he bare toward his Cousin the Duke of Lancaster to have him his Successour and King after him And this done every man took their leave and returned to their own Upon the morrow following being Tuesday and the last day of September all the Lords Spirituall and Temporall with also the Commons of the said Parliament assembled at Westminster where in the presence of them the Archbishop of Yorke according to the Kings desire shewed unto them seriously the voluntary Renouncing of the King with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successour And over that shewed unto them the Scedule or Bill of Renouncement signed with King Richards hand After which things in order by him finished the question was asked first of the Lords If they would admit and allow that Renouncement The which when it was of the Lords granted and confirmed the like question was asked of the Commons and of them in like manner affirmed After which admission it was then declared That notwithstanding the foresaid renouncing so by the Lords and Commons admâ—tted it were needfull unto the Realme in avoiding of all suspicions and surmises of evill disposed persons to have in writing and registred the manifold crimes and defaults before done by the said Richard late King of England to the end that they might be first openly shewed to the people and after to remain of Record among the Kings Records The which were drawn and compiled as before is said in 38. Articles and there shewed readie to be read but for other causes then more needfull to be preferred the reading of the said Articles at that season were deferred and put off Then forsomuch as the Lords of the Parliament had well considered this voluntary Renouncement of King Richard and that it was behovefull and necessary for the weale of the Realme to proceed unto the sentence of his deposall they there appointed by authority of the States of the said Parliament the Bishop of Saint Asse the Abbot of Glastenbury the Earle of Glocester the Lord of Barkley William Thyrning Justice and Thomas Erpingham and Thomas Gray Knights that they should give and beare open sentence to the Kings deposition whereupon the said Commissioners laying there their heads together by good deliberation good counsell and advisement and of one assent agreed among them that the Bishop of Saint Asse should publish the sentence for them and in their names as followeth In the Name of God Amen We John Bishop of Saint Asse or Assenence John Abbot of Glastenbury Richard Earle of Glocester Thomas Lord of Barkley William Thyrning Iustice Thomas Erpingham and Thomas Gray Knights chosen and deputed speciall Commissaries by the three Estates of this present Parliament representing the whole body of the Realme for all such matters by the said Estates to us committed We understanding and considering the manifold crimes hurts and harmes done by Richard King of England and misgovernance of the same by a long time to the great decay of the said Land and utter ruine of the same shortly to have been ne had the speciall grace of our Lord God thereunto put the sooner remedie and also furthermore adverting the said King Kichard knowing his own insufficiency hath of his own meere voluntarie and free will renounced and given up the rule and government of this Land with all Rights and Honours unto the same belonging and utterly for his merits hath judged himselfe NOT UNWORTHY TO BE DEPOSED OF ALL KINGLY MAJESTY AND ESTATE ROYALL We the Premisses well considering by good and diligent deliberation by the POWER NAME AND AUTHORITIE TO US AS ABOUE IS SAID COMMITTED PRONOUNCE DISCERNE AND DECLARE the same King Richard before this to have beene and to be unprofitable unable unsufficient and unworthy to the rule and governance of the foresaid Realms Lordships and all other Appâ—rtenances to the same belonging and FOR THE SAME CAUSES WE DEPRIUE HIM OF ALL KINGLY DIGNITIE AND WORSHIP AND OF ANY KINGLY WORSHIP IN HIMSELFE AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIUE forbiding expresly to all Archbishops Bishops and all other Prelates Dukes Marquesses Earles Barons and Knights and to all other men of the aforesaid Kingdom and Lordships or of other places belonging to the same Realmes and Lordships Subjects and Lieges whatsoever they be that none of them from this time forward to the foresaid Richard as King and Lord of the foresaid Realmes and Lordships be neither obedient nor attendant After which sentence thus openly declared the said Estates admitted forthwith the same persons for their Procurators to resigne and yeeld up to King Richard all their homage and fealty which they have made and ought unto him before times and for to shew unto him if need were all things before done that concerned his deposing The which resignation aâ— that time was spared and put in respite till the morrow next following And anon as this sentence was in this wise passed and that by reason thereof the Realme stood void without Head or Governour for the time the said Duke of Lancaster rising from the place where he before sate and standing where all might behold him he meekly making the signe of the Crosse upon his forehead and upon his breast after silence by an Officer was commanded said unto the people there being these words following In the name of the Father Sonne and holy Ghost I Henry of Lancaster claime the Realme of England and the Crowne with all the appurtenances as I that am descended by right line of the blood comming from that good Lord King Henry the third and through the right that God of his grace hath sent to me with the helpe of my kiâ—â—e and of my friends to recover the same which was in point to be undone for default of good Governance and due Iustice. After which words thus by him uttered he returned set him down in the place where he before had sitten Then the Lords perceiving and hearing this claim thus made by this noble man either of them frained of other what he thought and after a distance or pause of time the Archbishop of Canterbury having notice of the Lords minde stood up and asked the Commons if they would ASSENT TO THE LORDS WHICH in their mindes thought the claime by the Duke more to BE RIGHTFULL AND NECESSARY FOR THE WEALTH of the Realm and of them all Whereunto they cryed with one voice YEA YEA YEA After which answer the said Archbishop going to the Duke and setting him upon his knee had unto him a few words the which ended he rose and taking the Duke by the right hand led him unto the Kings seat and with great reverence set him therein after a certaine Kneeling and Orison made by the said Duke eâ—e he were therein set And when the King
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
frequently disposed of the Crowne of that Kingdome determined the controversies of the right and titles pretended to it and elected Protectors or Regents of the Realme during their Kings minorities or distractions of which I shall cite divers precedents in the Appendix to which I shall referre you Nor yet to trouble you with Spanish Precedents of this nature where the severall claimes and titles of the pretenders to the Crownes have beene oft referred to debated in and finally resolved by their Parliaments and generall assemblies of the States the proper Iudges of such controversies as Ioannes Mariana Euardus Nonius and other Spanish writers determined as Philip the second the 18. King of Portugall his title to that Crowne and his competitors together with the rights and claimes of Alfonso the 1. 3. 5. Iohn the 1. Emanuel and other Kings of Portugall and their Corivals were solemnly debated and determined in the assembly of the States of that Realme and of divers Kings and Queenes of Arragon Castile Navarre A pregnant argument that their assemblies of States are the soveraigne Tribunall since they have power and right to determine and settle the descent right and succession of the Crowne betweene those who pretend titles thereunto I shall confine my selfe to domesticke precedents Not to repeate the forementioned precedents how the Lords and commons when the Title to the Crowne hath been 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 competitors 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 Kingdome Lords and Commons then disposed of the Crowne in cases of minority want of Heires misgovernment and controversies about the Title to the Crowne Canutus after the death of King Edmund Anno 1017. clayming the whole Realme against Edmunds Brethren and Sonnes referred his Title upon the agreement made betweene Edmund and him for this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of fealty to him Offering to defend his right with their swords against all others claimes After his decease the 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 Oxford who gave their voyces to Harold there present and presently proclaymed 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 Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harold◠death enacted by Parliament That none of the Danish blood should any more Reigne over them was elected King and declared right Heire to the Crowne Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to succeed 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 her As much as in them lay after King Henries death if hee died without issue male to establish her Queene of the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill wars to the devastation of the Realme King Stephen and Henry the Sonne of Maude came to a Treaty at Wallingford where by the advise of the Lords they made this accord That Stephen if he would should peaceably hold the kingdome during his life and that Henry should be his adopted Sonne and Successor enjoy the Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should sweare that Henry after the Kings death if he survived him should possesse the Kingdome without any contradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parliament 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. of E. 3. there was a doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should inherit lands in England The King to cleare all doubts and ambiguities in this case and to have the Law herein reduced to certainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliament in the 25. yeare of his Raigne to deliberate 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 of 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 speciall Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a Parliament 1◠E. 3. this Kings eldest sonne was created Duke of Cornewall by Parliament which then also entailed the Dutchy of Cornewall upon the eldest sonnes 〈…〉 of England So 21. R. 2. c. 9. the Principality of Chester 〈…〉 on the Prince by Act of Parliament King Henry the 〈…〉 the inheritance of the Crownes and 〈…〉 his posterity caused them by a speciall 〈…〉 his raigne to be entailed and setled on 〈…〉 and Prince Henry his eldest sonne to be established 〈…〉 heire apparant to him and to succeed him in the said 〈◊〉 and Realmes to have them with their appurtenances after the Kings death to him and the heire◠of his body begotten And if hee should die without heire of his body begotten 〈…〉 remaine to the Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lord Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for the avoyding of 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 be plenteously served of all things necessary both for viande and apparell and if any persons should presume to reare warre or congregate a multitude to deliver him out of prison that then he should be the first that should die for that seditious commotion Which King Richard as Sir Iohn Bagot
to recede from his Oath whereupon they reseised these Castles for their safety About Midsommer the Barons drawing neare to London sent a Letter to the Mayor and Aldermen requiring to know of them Whether they would observe and maintaine the Statutes made at Oxford or not or aide and assist suâ—h persons as intended the breach of the same and sent unto them a Copy of the said Acts with a proviso that if there were any of them that should seeme to be hurtfull to the Realme or Commonweale of the same that they then by discreet persons of the land should be altered and amended Which Copy the Mayor bare unto the King then at the Tower of London with the Queene and other great persons Then the King intending to know the minde of the City asked the Mayor What he thought of those Acts who abashed with that question besought the King That he might commune with his Brethrâ—n the Aldermen and then he wâ—uld declare unto him both his and their opinions But the King said He would heare his advice without more Counsell Then the Mayor boldly said That before times he with his Brethren and commonalty of the City by his commandement were sworne to maintaine all Acts made to the honour of God to the faith of the King and profit of the Realme which Oath by his license and most gracious favour they intended to observe and keepe And moreover to avoid all occasions that might grow of grudge and variance betweene his Grace and the Barons in the City they would avoyd all aliens and strangers out of it as they soone after did if his Grace were so contented With which Answer the King seemed to bee pleased so that the Mayor with his favour departed and he and the Citizens sent answer to the Barons that they condescended to those acts binding themselves thereunto under the publike Seale of London their Liberties alwayes upholded and saved Then the Barons entred the City and shortly after the King with his Queene and other of his Counsaile returned to Westminster Anno 1264. the 48. of Henry the third the King made his peace with the Barons then in Armes upon these termes That ALL THE CASTLES OF THE KING throughout England should be delivered TO THE KEEPING OF THE BARONS the Provisions of Oxford be inviolably observed and all Strangers by â— certaine time avoyded the kingdome except such as by a generall consent should be held faithfull and profitable for the same Whereupon the Barons tooke possession of most of the Castles by agreement or violence where they found resistance as they did in many places And by the CONSENT of THE KING and BARONS Sir Hugh le Spenser was made Chiefe Justice and keeper of the Tower This done at London the Barons departed to Windsor to see the guiding of that Castle where they put out those aliens whom Sir Edward the Kings Sonne had before put in and put other Officers in their places spoyling them of such goods as they had Who complaining thereof to the King he put them off for that season After which they re-seised Dover Castle and made Richard de Gray a valiant and faithfull man Constable of it who searching all passengers that came thither very strictly found great store of Treasure which was to be secretly conveyed to the Poictovines which he seised and it was imployed by the Barons appointment upon the profitable uses of the Realme The yeare following the Commons of London chose Thomas Fitz-Thomas for their Mayor and without consent of the Aldermen sware him at the Guild-hall without presenting him the next day to the King or Barons of the Exchequer For which the King was grievously discontented and being advertised that the Citizens tooke part with the Barons caused his Sonne Edward to take the Castle of Winsor by a traine to which the King and Lords of his party repaired And the other Lords and Knights with great Forces drew towards London but by mediation of friends there was a peace concluded and the differences were referred to the French King and his PARLIAMENT as Andrew Favine records out of Rishanger to end Who giving expresse sentence that all the Acts of Oxenford should from thenceforth be utterly forborne and annulled The Barons discontented with this partiall sentence departed into the Marches of Wales where raising Forces they seised on many Townes and Castles of the Kings and Prince Edward going against them was sore distressed and almost taken Hereupon to end these differences a new Parliament was appointed at Oxford which tooke no effect Because when the King had yeelded the Statutes of Oxford should stand the Queene was as utterly against it whose opposition in this point being knowne to the Londoners the baser sort of people were so enraged that she being to shoot the Bridge from the Tower towards Winsor they with darts stones and villanous words forced her to returne After which the Lords sending a Letter to the King to beseech him not to beleeve the ill reports of some evill Counsellors about him touching their loyalty and honest intentions were answered with two Letters of defiance Upon which ensued the bloody battle of Lewis in Sussex in which the King and his Sonne with 25. Barons and Baronets were taken prisoners twenty thousand of the Commons slaine Richard King of Romans the Kings Brother was likewise taken prisoner in this Battle who a little before comming over into England with some Forces to ayde his Brother the Barons hearing thereof caused all the Ships and Gallies of the Cinqueports and other places to meet together armed to resist him by Sea and sent horse and foot to withstand him by Land if he arrived Which Richard having intelligence of disbanded his Forces and sent word to the Barons that he would take an Oath to observe the Articles and Statutes made at Oxenford whereupon he was permitted to land at Dover with a small Traine whither King Henry went to meeâ— him But the Barons would not suffer this King nor any of his Traine to enter into Dover Castle because he had not taken his Oath to observe the foresaid Statutes nor yet the King of England to goe into it for feare of surprisall because it was the principall Bulwarke of England the Barons then having both it and all the Cinqueports in their Custody to secure the kingdome from danger Neither would they permit King Richard to goe on towards London till he had taken the Oath forementioned After this battle all the prisoners were sent to severall prisons except the two Kings and Prince Edward whom the Barons brought with them to London where a new Grant was made by the King that the said Statutes shoâ—ld stand in strength and if any were thought unreasonable they to be amended by foure Noblemen of the Realme and if they could not agree then the Earle of Angiou and Duke of Burgoin to be Iudges of the matter And this to be firmely holden
RIGHTFVLL LAWES and Customes the which THE COMMONS OF YOVR REALME SHALL CHVSE in the future and where but in the Parliament House when and where they meet together to make good Laws and shall strengthen and maintain to the worship of God after your power The King shall answer I grant and beheâ—e But that which puts this past all doubt is the Coronation Oath of K. Edward the 6. thus altered by the Lord Protectour and Kings Councell in words but not sence Doe you grant to make NO NEW LAWES but such as SHALL BE to the honour and glory of God and to the good of the Common-wealth and that the same SHALL BEE MADE BY CONSENT OF YOVR PEOPLE AS HATH BEEN ACCVSTOMED Where this clause of the Oath referres wholly and onely to future new LAWES to be chosen and made by the Peoples consent not to Lawes formerly enacted And certainly it must do sâ— else there would be much Tautology in this short solemne Oath unsutable to the grave wisdome and judgement of an whole Kingdom to prescribe and continue for so many ages and for our Kings in discretion to take For the first clause of the Oath both in the Latin French and English Copieâ— of ancient and present times is this Sir will you grant and keep and by your oath confirme to the people of England THE LAWES AND CVSTOMES GRANTED TO THEM BY ANCIENT KINGS OF ENGLAND rightfull men and devout to God and namely the Lawes and Customes and Franchises granted to the Clergy and to the people by the glorious King Edward to your power Which clause relating to all Lawes and Customes granted by formeâ— Kings to the people if this latter clause should be in the pretertense too HATH CHOSEN as the King and his mistaken Counsell object it would be a meer Suâ—plusage or Battology yea the same insubstance with the first part of the oath and ouâ— Kings should be onely bound by their oathes to observe their Ancestors Lawes not their owne as they now argue the reason perchance why the Petition of Right and our other new Lawes are so ill observed which is ridiculous to imagine And whereas they obiect that the word CVSTOMS joyned to lawes in the last clause cannot be meant of such Customes as the people shall chuse after the Oath made because all Customes are and must be time out of minde The Answer is very easie For Customes here are not taken strictly for ancient usages time out of minde but for Statutes Franchises just Liberties or Taxes for the Kingdoms defence chosen freely granted by the Commons or people and to be confirmed by the King in Parliament as appears by the first clause of the oath the laws customs granted to them by the ancient Kings of England And by Bracton himself who expounds this clause of the oath to relate to future Laws newly made by our Kings after their Coronations in this observable passage Hujusmodi vero leges Anglicanae CONSVETVDINES regum authoritate jubent quandoque quandoque vetant quandoque vindicant puniunt transgressores quas quidem cum FVERINT APPROBATAE CONSENSV VTENTIVM ET SACRAMENTO REGVM CONFIRMATAE mutari non poterunt nec destrui SINE COMMVNI CONSENSV EORVM OMNIVM quorum CONSILIO ET CONSENSV FVERVNT PROMVLGATAE Now no Customes properly so called can commence by way of grant especially of the King alone but only by the people and common usage for a good space of time as the Customes of Gavelkinde Burrough English and such like never granted nor commenced by Charter or Act of Parliament did and if the King by Charter or Act of Parliament should grant a new Custome before it were a Custome in this sense it would be utterly void in law because there was no such custome then in being and no granâ— or act can make or create a custome or prescription that had no former being Therefore Custome in this oath coupled with just and reasonable must needs be meant only of such iust and reasonable statutes liberties privilidges immunities aides taxes or services for the subjects ease and benefit and the publike service as they upon emergent occasions shall make choice of in Parliament of whose iustnesse and reasonablenesse not the King alone but the grand Councell of the Kingdom assembled in the Parliament to this very end to iudge of make and assent to iust and profitable Laws are and ought to be the proper Iudges as I have elswhere manifested and the very words of the oath QVAS VVLGVS ELIGERIT to which justas leges consuetudines relates resolve beyond contradiction And King David and Achish both were of this opinion 1 Chron. 13. 1. to 6. 2 Sam. 18 2 3 4. 1 Sam. 29. 2. to 11. and King Hezekiah too 2 Chron. 30. 1. to 7. 23. yea God himselfe and Saunel too 1 Sam. 8. 4 to the end Fifthly Because it is directly contrary to the preambles and recitals of sundry Acts of Parliament in most of our Kings reignes comprising the two last reasons To instance in some few of many the ancient statutes of Marlbridge begin thus The yeare of grace 1267. for the better estate of the Realme of England and for the more speedy ministration of Iustice AS BELONGETH TO THE OFFICE OF A KING the more discreet men of the Realme being called together as well of the higher as of the lower estate It was provided agreed and ordained that whereas the Realme of latâ— had beene disquieted with manifold troubles and distractions for reformation whereof statutes and lawes BE RIGHT NECESSARY whereby the peace and tranquility of the people may be conserved wherein the King intending to devise convenient remedy hath made these Acts underwritten The statutes of 3 Edw. 1. have this Prologue These be the Acts of King Edward c. at his first Parliament generall after his Coronation Because our Soveraigne Lord the King hath great zeal in desire to redresse the state of the Realm in such things AS REQVIRED AMENDMENT for the common profit of the holy Church and of the Realme c. the King hath ordained and established these Acts underwritten which he intendeth TO BE NECESSARY AND PROFITABLE unto the whole Realme And cap. 17. in the Marches of Wales and elsewhere where the Kings Writs be not currant the King which is chiefe and soveraigne Lord there SHALL DOE RIGHT THERE unto such as will complaine And cap. 48. The King hath ordained these things unto the honour of God and holy Church and for the commonwealth and for the remedy of such as be grieved and for as much as it is great charity which is oft times put for Iustice as here TO DOE RIGHT VNTO ALL MEN AT ALL TIMES WHEN NEED SHALL BE by assent of all c. it was provided The statute of Glocester in the 6. year of King Edw. 1. is thus prefaced For the great mischiefs and disinherisons that the people of the
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
dyed Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland and heire to the Crowne being within age her mother Queene Mary by common consent was made Regent and shee by common consent and councell of the Nobles married to Francis Dolphine of France In the meane time there hapning some troubles and warres about the reformed Religion which many of the Nobles and people there contended for the Queene Mother granting those of the Religion a confirmation of their liberties and Religion by way of Truce for 6 moneths she in the meane time sends for Souldiers out of France wherewith she endeavoured to suppresse Religion with the remaining liberty of the Scots and to subject them to the French Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties by a common decree in Parliament deprived the Queene Mother of her Regencie make a league with our Queene Elizabeth being of the reformed Religion and receiving ayde both of men and money from her besieged the Queene Mother in Edenburgh Castle where she dyed of griefe and sicknesse After which they expelled the French and procured free exercise of the Reformed Religion In the meane time Francis dying the Queene sends for Henry Steward out of England where he and his Father had beene Exiles marries and proclaime him king Iuly 29. 1564. which done she excluded the Nobility from â—er Councells and was wholly advised by David Ritzius a Subaâ—dian whom she brought with her out of France and did all things by his Councell wherewith the Nobles being much discontented finding him supping with the Queene in a little Chamber commanded him to rise out of the place which did little become him and drawing him out of the Chamber stabbed him to death Anno. 1565. The Queene soone after was delivered of a sonne and heire Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her setting him over all affaires of the Realm granting nothing to any petitioner almost but by him and her husband Steward being dead whether of a naturall death or poyson is yet in controversie she married Bothwell openly without the Lords and Parliaments consents Hereupon the Nobles tooke up armes against Bothwel and the Queen besâ—eged the Queen till she rendred her selfe prisoner upon this condition that she should abjure and resigne her interest in the Crowne and Kingdome to her infant sonne which they compelled her to performe and appointed Iames Earle of Morton Vice-roy and Protector during the Kings Minority In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine where corrupting Duglasse her keeper the Earle of Mortons Nephew and a shipmaster she escaped to the Hamiltâ—ns in safety who having raised Forces to free her waited her comming on the shoare But the Vice-roy scattering these forces soone after the Queene thereupon fled into England Anno. 1568. Where Queene Elizabeth taking her expulsion ill laboured that she might be restored to the Crowne which could not be effected but by Armes or mediation and neither of them without knowledge of the cause Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England to answere the complaints of their Queene against them which they did in a writing composed by Buchanan and afterwards Printed both in Latine and English wherein they shewed the grounds and order of their proceedings against their Queene wherewith the Queene and Councell were satisfied that they had proceeded rightly and orderly yet to keepe both sides in suspence she pronounced no definitive sentence The Vice-roy departing into Scotland was afterwards murthered by the Hamiltons and Matthew Steward Earle of Lenâ—ux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Nerthfolke about a match with him and to seise upon the Realm of Scotland whereupon he was committed to the Tower and she restrained after which she was solemnely arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death c and for it beheaded at Fotherringham Castle Feb. 8. 1587 The History of which Queenes life is more at large related by Buchanan and others and her imprisonment and Deposition professedly justified as lawfull by his Treatise De Iure Regni apud Scotos compiled for that purpose to which I shall referre the Reader What thâ— Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes Liberties by holding generall Assemblies Parliaments taking up armes seising the Forts and Ammunition of the Realm and marching into England against the Kings consent and Proclamations is so fresh in memory so fuâ—ly related in the Acts of Oblivion and Pacification made in both Parliaments of England and Scotland ratified by the King himselfe and in particular Histories of this Subject that I shall not spend time to recite particulars but will rather conclude from all the premises with the words of Buchanan The Ancient custome of our Ancestors in punishing their Kings suffers not our forcing of the Queene to renounce her right unto the Crowne to her sonne to seeme a Novelty and the moderation of the punishment shewes it proceeded not from envie for so many Kings punished with death bonds banishment by our Ancestors voluntarily offer themselves in the ancient Monuments of Histories that we neede no forraigne examples to confirme our owne act For the Scottish Nation seeing it was free from the beginning created it selfe Kings upon this very Law that the Empire being conferred on them by the suffrages of the people if the matter required it they might take it away againe by the same suffrages of which law many footsteps have remained even to our age for in the Islands which lye round about us and in many places of the Continent wherein the Ancient language and constitutions have continued this very custome is yet observed in creating Governours likewise the Ceremonies which are used in the Kings inauguration have also an expresse image of this Law out of which it easily appeares that a Kingdome is nothing else but the mutuall stipulation betweene the people and their Kings the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law preserved from the very beginning of raigning among the Scots even unto our age when as no man in the meane time hath attempted not onely not to abrogate this Law but not so much as to shake it or in any part to diminish it Yea whereas our Ancestors have deprived so many Kings as would bee tedious to name of their Realme condemned them to banishment restrained them in prisons and finally punished them with death yet there was never any mention made of abating the rigor of the Law neither perchance undeservedly since it is not of that kinde of Lawes which are obnoâ—ious to the changes of times but of those ingraven in the mindes of men
his Tenure against whom the Lord hath committed felony or perjury although the Lord truly doth not properly give his faith to his Vassall but his Vassall to him if the Law of the twelve Tables commands a Patron who defrauded his Client to be detestable if the civil laws permit a villain enfranchised an action against the outragious injury of his Lord if in these cases they free a servant himself from his Masters power wheras yet there is only a naturall not civill obligation therein I shall adde out of Dejure Magistratus in subditos If in Matrimony which is the nearest and strictest obligation of all other between men wherin God himselfe intervenes as the chief Author of the contract and by which those who were two are made one flesh if the one party forsakes the other the Apostle pronounceth the party forsaked to be free from all obligation because the party deserting violates the chief condition of marriage c. Shal not the people be much more absolved from their Allegiance which they have made to the King if the King who first solemnly sweares to them as a Steward to his Lord shall break his faith Yea verily whether if not these Rights not these Solemnities not these Sacraments or Oathes should intervene doth not nature it selfe sufficiently teach that Kings are constituted by the people upon this condition that they should reign well Iudges that they shall pronounce Law Captaines of warre that they should lead an Army against enemies But and if so be they rage offer injury so as themselves are made enemies as they are no Kings so neither ought they to be acknowledged by the people What if thou shalt say that some people subdued by force the Prince hath compelled to swear to his commands What say I if a Thiefe a Pyrate a Tyrant with whom no society of Law or Right is thought to be should with a drawn sword violently extort a deed from any one Is it not known that fealty extorted by force bindeth not especially if any thing be promised against good manners against the law of nature Now what is more repugnant to nature then that a people should lay chaines and fetters upon themselves then that they should lay their own throats to the sword then that they should lay violent hands upon themselves or which is verily the same thing promise it to the Prince Therefore there is a mutuall obligation between the King and people which whether it be only civill or naturall tacit or in expresse words can be taken away by no agreements violated by no Law rescinded by no force Whose force only is so great that the Prince who shall contemptuously break it may be truly called a Tyrant the people who shall willingly infringe it seditious So this grand accute Lawyer determines I shall close up this with the unanimous resolutions and notable decree of the United Netherland Provinces Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Seigniorie of the Netherlands for his Tyranny and breach of Oath which is thus recited by Grimstone and recorded in his generall History of the Netherlands page 658 to 667. In the alterations which happen sometimes in an Estate betwixt the Soveraigne Prince and a people that is free and priviledged there are ordinarily two points which make them to ayme at two divers ends The one is when as the Prince seeks to have a full subjection and obedience of the people and the people contrariwise require that the Prince should maintaine them in their freedomes and liberties which he hath promised and sworne solemnly unto them before his reception to the principalitie Thereupon quarrels grow the Prince will hold a hard hand and will seek by force to bee obeyed and the subjects rising against the Prince oftentimes with dangerous tumults rejecting his authority seek to embrace their full liberty In these first motions there happen sometimes conferences at the instance of neighbours who may have interest therin to quench this fire of division betwixt the Prince and his subjects And then if any one of the parties groweth obstinate and will not yeeld although he seeme to be most in fault it followeth of necessity that they must come to more violent remedies that is to say to armes The power of the Prince is great when hee is supported by other Princes which joyn with him for the consequence of the example else it is but small but that of the people which is the body whereof the Prince is the head stirred up by conscience especially if the question of Religion be touched the members ordained for their function doing joyntly their duties is farre greater Thereupon they wound they kill they burne they ruine and grow desperately mad but what is the event God who is an enemy to all tyranny and disobedience judgeth quarrels weigheth them in his ballance of justice helping the rightfull cause and either causeth the Prince for his rigour and tyranny to be chased away and deprived of his estate and principality or the people for their contempt and rebellion are punished and reduced unto reason which causeth the alterations to cease and procureth apeace whereof we could produce many examples both antient and moderne if the relation of this history did not furnish us sufficiently So the generall Estates of the united Provinces seeing that King Philip would not in any sort through his wilfulnesse yeeld unto their humble suite and petitions and notwithstanding all the offers they could make to purchase a good firme and an assured peace notwithstanding all the intercessions both of the Emperour the French King the Queen of England and other great Princes and Potentates of Christendom yet would he not give eare to any other reason but what himselfe did propound the which the said Estates did not only find unjust and unreasonable directly repugnant to their liberties constitutions and freedomes of the Countrey but also contrary to their consciences and as it were so many snares layed to catch them which were in no sort to be allowed of nor received considering the qualitie of their affair and his according to the time In the end rejecting all feare of his power and threats seeing they were forced to enter into all courses of extremity against a Prince which held himselfe so hainously offended as no reconciliation could be expected relying upon the justice and equitie of their cause and sinceritie of their consciences which are two brazen bulwarks they were fully resolved without dissembling to take the matter thus advanced in hand and opposing force against force meanes against meanes and practises against practises to declare him quite fallen from the Seigniorie preheminence and authority which before the troubles the breach of their priviledges right freedomes and immunities so often and so solemnly sworne by him and dispensation of his Oaths he had or was wont to have in the said Provinces respectively Whereof they made open declaration by a publick Edict the
as Kings are a truth undeniable confessed by all our Kings in their ordinary Writs to Bishops as the words REX EADEM GRATIA Episcopo attest But they for their offences and misdemeanors contrary to their function may be both forcibly resisted censured deprived degraded yea and executed thnotith standing their divine right and institution as the Canons of most Councels we practise of all ages yea the expresse letter of the 26. Article of the Church of England with all our Episcopall Canons and Canonists attest Therefore tyrannicall degenerating Kings may be so too by the selfe-same reason in some cases Thirdly this Title of Dei gratia in Publike Writs anciently hath beene and yet is common to Bishops Prelates inferiour Magistrates and Subjects as well as to Kings as sundry precedents in our Law bookes Matthew Paris Salon with others attest and Mr. Iohn Selden in his Titles of Honour part 1. chap. 7. Sect. 2 p. 123. professedly proves at large to whom I shall referre you But these both lawfully may be and alwayes have beene forcibly resisted questioned convented deprived censured for their tyranny and misdemeanors notwithstanding this their stile of Dei gratia or pretence of divine institution yea we know that Bishops have beene lately thrust out of many Churches notwithstanding their long pretended Ius Divinum to support their Hierarchy and Iohn Gerson a Papist hath writ a particular Treatise De Auferibilitate Papae notwithstanding the Popes pretended Divine Title to his Monarchy which may be now and one day shall be totally abolished Therefore tyrannicall degenerous Kings may be justly resisted censured deprived as well as they and royalties changed into other governments by the peoples and kingdomes common consents if they see just cause If any secondly object That Kings are annoynted at their Coronation Therefore their persons are sacred irresistible unquestionable unpunishable for any tyrannicall or exorbitant actions whatsoever I briefely answer first that every Christians Baptisme being a Sacrament of Christs owne institution at least his spirituall unction and sanctification as I have formerly proved makes a person as sacred yea more holy then Kings annoynting being no Sacrament can or doth of it selfe make the person of any King whatsoever A truth which no Christian can without blasphemy deny But Baptisme and the inward unction of the spirit of grace and sanctification exempts no Christians from resistance censure punishments of all sorts in case they commit any exorbitant or capitall crimes as experience tels us Therefore Kings Coronation annoyntings cannot doe it Secondly Priests anciently were and at this day too in the Roman Church are annoynted as well as Kings and so are children and siâ—ke persons that I say not Altars Bels c. with Chrisme and extreame Vnction But these Unctions conferre no such immunity to Priests children sicke men others c. Therefore neither can this annoynting doe it to Kings especially now being no divine institution Thirdly The annoynting of Kings is not common to all Christian Kings many of them especially in former times having beene crowned without any annoynting at all but peculiar to Emperours and to the Kings of Ierusalem France England and Sictly the foure annoynted Kings onely as Albericus Restaurus Castaldus Antonius Corsetus Azorius Cassanaeus and sundry others affirme out of the old Roman Provinciall though some other Kings have now and then beene annoynted when they were crowned as Mr. Selden Proves Since therefore all Kings persons are reputed sacred as well as these foure who are annoynted and these Kings as soone as the Crowne descended to them even before their Unctions and Coronations were deemed as sacred and inviolable as before it is certaine that their very enoyling of it selfe makes no addition to their personall immunities from just resistance publike censures or deprivations for grosse unsufferable publike crimes Fourthly the annoynting of Christian Emperours and Kings is not very ancient Charles the great being the first annoynted Emperour it we beleeve Mr. Selden The first annoynted King in France was Pipin about the yeare 750. the annoynting of their Clovis the first about they yeare 500. with that holy Vial of never-decaying Oyle reserved at Rheimes to annoynt their Kings which they say a Dove brought downe from Heaven to annoynt him with a ridiculous Monkish fable much insisted on by Bochellus and other French-men who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial at the French Kings Coronations being not at his Coronation as many fondly mistake but onely at his baptisme as Mr. Selden manifests by pregnant authorities The annoynting of Kings is farre more ancient in England then in any other Realme as Mr. Selden notes out of Gildas yet Egfert is the first of whose annoynting there is any intimation in our Histories about the yeare 790. To adde to the holinesse of which ceremony some of our Monkes in latter ages have forged a Legend as good as that of the holy Vial at Rheimes that the Virgin Mary gave to Thomas Becket Archbishop of Canterbury during his exile under Henry the second a golden Eagle full of precious Oyle inclosed in a stone vessell commanding him to preserve it foretelling him that the Kings of England annoynted with this Oyle should be Champions of the Church and bountifull and victorious as long as they had â—his Eagle oyle How late the Unction of Kings began in other Realmes you may read at large in Mr. Selden and how the later Kings of Iudah were annoynted and with what unguent or Oyle the curious may read at leisure in Cunaeus This annoynting therefore of Kings being not of divine institution of such puny date in most Realmes and no wayes necessary nor essentiall to the constitution or Inauguration of any Christian King can adde no immunity or priviledge at all to the persons of Kings much lesse exempt them from all forcible resistance just censures or deprivation it selfe if there be just and reall cause to proceed criminally against them in case of incorrigibility as I have elsewhere more fully demonstrated and therefore shall no further expatiate in this particular here onely I shall conclude with one notable History which proves it I read in Gulielmus Neubrigensis that for an hundred yeares space and more though there were a numerous succession of Kings in Norway yet none of them ended his life by old age or sicknesse but all of them perished by the sword leaving the soveraigne power of the Realme to their murderers as to their lawfull successors so as to all those who are knowen to have reigned there for so long a time that which is written might seeme to have reference Hast thou slaine and also taken possâ—ssion The Nobles of this Land out of a pious endeavour desirous to heale this infamous mischiefe obteining now the vigour of a Law as it were through long custome decreed That the new King should be solemnly annoynted with a mysticall unction and crowned so as no man
but being apprehended and brought backe to the Parliament in the forenoone had sentence to be drawne to Tiburne in the afternoone and there to have his Throate cut which was done accordingly The King seeing these proceedings by advise of his ill Counsellors absented himselfe from his Parliament and sent Michael de la Pole then Lord Chancellor to demand foure fifteenes in his name of the Commons for that without lesse he could not maintaine his estate and outward warre To which the body of the Parliament made answer that without the King were present they would make therein no answer and that unlesse the King would remove him from his Chancellorship they would no further meddle with any Act this Parliament The King upon this sent to the Commons that they should send to Eltham where he then lay 40. of the wisest and best learned of the Commons who in the name of the whole House should declare unto him their minde Upon which message the House were in more feare then before for there went a talke that the King intended to betray divers of them which followed not his minde either that way or at a banquet appointed to be made purposely at London if Nicholas Exton the Mayor of London would have consented thereunto at which time the Duke of Glocester should have beene taken Wherefore the Lords and Commons assembled together agreed with one assent that the Duke of Glocester and Bishop of Ely should in the name of the whole Parliament be sent to the King to Eltham which was done and the King well pleased that they should come When they came into his presence they most humbly saluted him and said Most high and redoubted Soveraigâ—e Lord the Lords and Commons of this your Parliament assembled with most humble subjection unto your most royall Majesty desire your most gracious favour so that they may live in tranquillity and peace under you to the pleasure of God and wealth of the Realme On whose behalfe we also shew unto you that one old statute and landable custome is approved which no man can deny That the King our Soveraigne Lord may once in the yeare lawfully summon his high Court of Parliament and call the Lords and Commons thereunto as to that which is the highest Court of this Realme In which Court all equity and justice must shine even as the Sunne when it is at the highest whereof poore and rich may take refreshing where also must be reformed all the oppressions wrongs exactions and enormities within the Realme and there to consult with the wise men for the maintenance of the Kings estate And if it might be knowne that any persons within the Realme or without intended the contrary there also must be devised how such evill weeds might be destroyed There also must be studyed and soreseene that if any charge doe come upon the King and his Realme how it may be well and honourably supported and sustained Hitherto it is thought by the whole Realme that your Subjects have lovingly demeaned themselves to you in ayding you with substance to the best of their powers and they desire to have knowledge how and by whom these goods be spent One thing resteth yet to declare in their behalfe unto you how that by an old Ordinance they have an Act if the King absent himselfe forty dayes not being sicke but of his owne minde not heeding the charges of his people nor their great paines will not resort to his Parliament they then may lawfully returne home to their houses And now Sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discomfort And our Parliaments present case To this the King answered by these words Well we doe consider that the people and Commons goe to rise against us wherefore we thinke we can doe no better than to aske ayde of our Cosin the French King and rather submit us to him than to our owne Subjects The Lords answered Sir that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King is your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispoyle you invade you and depose you from your estate Royall than put any hand to helpe you c. And as that King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconveniences be come by the evill Counsell which are about you And if you put not your helping hand to the redresse of the premises this Realme of England shall be brought to nought and utter ruine which clearely shou'd be laid to your default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the world was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruine either of you or else of your Realme By these good perswasions the King was appeased and promised within three dayes after to come to the Parliament and to condescend to their Petitions And according to his appointment he came Where soone after Iohn Fordham Bishop of Durham was discharged of the Treasurourship and the Bishop of Hereford set in his place De la Pole was put from his Chancellourship for dive scrimes frauds briberies and treasons by him committed to the prejudice of the King and his Realme committed to the Tower and fined twenty thousand Markes to the King in relieving of the Commons Divers other Judges knights Delinquents of all sorts were condemned executed others banished and their states confiscated others put out of Offce by this Parliament as you may read in our Histories and in the Statutes at large in which Statutes the mischievous effects of these evill Counsellors to King kingdome and people are at full related whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords raising of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of any pardâ—n and their raising of Armes against the Parliament and kingdome though with the Kings owne consent and his command declared and enacted to be high Treason These proceedings ratified and assented to in Parliament by the King much against his will wrought an intolerable secret hatred and desire of revenge in his heart against the Lords which for want of power he concealed neare ten yeares space but in the twentyeth yeare of his Reigne being somewhat elevated in his spirit with a rumour that he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke and Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the peoples eyes lest they should rise up in Armes to rescue these Lords the King sent out
goe unto it petitioning the King to desist from this Warre and at last caused the King in Parliament to release these services And Anno 1205. The Lords and Commons for this very reason refused to go with King Iohn to his warres in France to recover his inheritance there In the sixt yeare of King Richard the second in a Parliament holden at London it was for many dayes together debated whether the Bishop of Norwich Henry Spensâ—r whâ—m the Pope had made Generall of his Forces against the Schismatickes of Flanders giving great indulgences to those who should assist him in person or with Monies in this Warre should undertake that Warre or no and after muâ—h opposition of the Captaines of the kingdome alledging that it was not safe to commit the people of the King and kingdome to an unexpert Priest it was at last resolved in Parliament through the constancy and valour of the Knights and Commons that he should undertake this war and goe Generall of the Army Which office he valiantly managed with good successe being a better Souldier than Preacher And the same yeare in another Parliament at London it was Decreed BY THE PARLIAMENT that because the Scots had broken their Faith with the English Faith should be broken with them Frangenti fidem fides frangatur eidem And that a select power should be sent into Scotland out of England to wit a thousand Lances and 2000. Archers to curbe their attempts under the conduct of the Lord Thomas of Woodstocke which the Scots being informed of were greatly afraid and in the end of the Parliament sent humble supplicants to it to treat with them about a peace or truce which they desired But the English having had such frequent experience of their falshood would neither treat nor compound with them but reviling their messengers commanded them to returne home wishing them to defend their heads and rights as well as they could Who returning the Northerne Lords undertooke the defence of their Country untill Thomas of Woodstocke should be pâ—epared to ayd them with greater Forces Loe here both Generalls Armies Warres appointed by the Parliament and Subsidies likewise granted to supply them and the making of a peace or truce referred to them it being agreed in a former Treaty that if any dammage or injury should be done by either Nation one to another some speciall Committees should be sent to the Parliament of both kingdomes every yeare who should publikely relate the injuries sustained and receive amends according to the dammage suffered by the judgement of the Lords In the Printed Statutes of 18 Ed. 3. Parliament 2. and in our Historians too I finde this preamble recited almost verbatim the next Parliament the same yeare chap 1. It is to be remembred that at the Parliament hâ—lden at Westminster the munday next after the Utas of the Holy Trinity in the Reigne of our Soveraigne Lord the King that now is of England the 18. and of France the 5. many things were shewed in full Parliament which were attempted by the adversary party against our Soveraigne Lord the King of France against the Truce late taken in Britaine betwixt our Soveraigne Lord the King and him And how that he enforceth himselfe as much as he may to destroy our said Soveraign Lord the King and his Allies Subjects Lands and places and the tongue of England And that was prayed by our said Soveraigne Lord the King of the Prelates great men and Commons THAT THEY WOULD GIVE HIM SUCH COUNSELL and AIDE AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY And the same Prelates great men and Commons taking good deliberation and advice and openly seeing the subversion of the Land of England and Kings great businesse which God defend if hasty remedy be not provided HAVE COUNSELLED JOYNTLY and SEVERALLY and prayed with great instance our Soveraigne Lord the King that he would make him as strong as he might to passe the Sea in assurance of the ayde of God and his good quarrell effectually at this time TO MAKE AN END OF HIS WARRES BY WAY OF PEACE OR ELSE BY FORCE And that for Letters words nor faire promises he shall not let his passage till he see the effect of his businesse And for this cause the said great men do grant to passe and adventure them with him And the said Commons doe grant to him for the same cause in a certaine forme two Quinzimes of the Commonalty and two Dismes of the Cities and Burroughes to be levyed in manner as the last Quinzime granted to him and not in other manner c. So that the money levyed of the same be dispended in the businesse shewed to them this Parliament BY ADVICE OF THE GREAT MEN THERETO ASSIGNED And that the aydes beyond Trent BE PUT IN DEFENCE OF THE NORTH A pregnant Precedent of the Parliaments interest in concluding Warre and Peace and disposing of the ayde contributed towards warres to such persons and uses as they deeme meete to confide in By these with infinite other precedents the Statute of 1 Iac. c. 2. and the Act of Pacification and oblivion betweene Scotland and England made this very Parliament enacting that no warre shall be levyed or made by any of either Nation against the other without consent of Parliament under paine of High Treason It is evident that the principall right of concluding denouncing Warre or peace resides in the Parliament and that the King without its previous advice and consent ought not to proclaime any open warre since the Subjects estates and persons must support wage it and receive most disadvantage by it a truth not onely implyed but resolved by his Majesties owne royall assent this very Parliament in the Act of Pacification betwixt England and Scotland Neither is this thing unusuall but common in other Kingdomes Livy Polybius Grimston Plutarch Iohn Bodin expresly affirme and confirme by sundry examples That in the Roman State both under their Kings and Emperours the chiefe power of denouncing warre and concluding peace was in the Senate and people And if any of their Emperours Consuls or Generals concluded peace without their consents it did not binde but was meerely voyd unlesse the Senate and people ratified it by a new decree neither might any warre be decreed but in the great assembly of the Senate and people together and by a publike Law And because Caesar had without command of the people made warre in France Cato Uticensis delivered his opinion in the Senate that the Army was to be called home and Caesar for his presumption delivered up to the Enemy So in the States and Kingdomes of the Athenians Aetolians Polonia Sweden Denmarke and Norway no Warre was begunne nor Peace concluded by their Kings but by the authority and preceding decree of their Senates Parliaments and Diets as Bodin proves at large The like Buchanan affirmes of the Kings of Scotland and we have divine authority
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
that they be sworne to fore my Lord of Glocester and all the Lords of the Counsell that for no friendship they shall make no man privy but the Lords of the Counsell what the King hath in his Treasorie Numb 32. Item that the Clark of the Counsell be charged and sworne to truely enact and write daily the names of all the Loras that shall be present from time to time to see what how and by whom any thing passeth Numb 33. And after that all the Lords aforesaid had read before them the said Articles in Parliament and had well considered of them and fully assented and accorded to them the scedule of paper by certaine of the Honorable Lords of Parliament on behalfe of the King and all the Lords in Parliament was sent and delivered to the Commons to bee ascertained of their intent whereupon after the said Commons had advised the said Lords repeated in the said Parliament that the Commons thanked all the Lords and that THEY WERE WELL CONTENTED with all there contained in the said scedule WITH THIS that to the first of the said Articles there should be added one clause of purveiu which the said Lords repeated on the behalfe of the said Commons who delivered it to them in Parliament in one parchment scedule written in French the tenour whereof ensueth Provided alwayes that the Lords and other persons and Officers which have estate and authoritie some of inheritance some for terme of life and otherwise to make and institute by vertue of their offices deputy Officers and Ministers which appertaine to them to make of right and as annexed to them and to their offices of ancient time accustomed and used shall not be restrained nor prejudiced of that which appertaines to them by colour of this Ordinance or appointment To which parchment scedule and the contents thereof read before the Lords in Parliament the said Lords well agreed and fully consented Numb 44. The Queen Mothers dower formerly agreed appointed and sworne to buy all the three estates in Parliament in 9. H. 5. was now againe upon her Petition confirmed and setled by this Parliament after her husbands decease And Numb 41. Pet. 2. The Commons petitioned that it might then be enacted that no man nor woman should thenceforth be compelled nor bound to answer before the Counsell or Chancery of the King nor elsewhere at the suit or complaint of any person for any matter for which remedy by way of Action was provided by the Common law and that no privie Seale nor subpoena should issue thence before a Bill were first there exhibited and also fully allowed by two Iudges of the one Bench and other that the complainant for matters and grievances in the said Bill could have no action nor remedy at all by the common law c. A good Law to prevent the Arbitrary proceedings of these Courts which are now too frequent in subverting of the Common law Lo here in this Parliament we have a Lord Protector Chancellor Treasurer Keeper of the privie Seale Chamberlaine Privie Counsellors Constables of Castles and most other Officers of the King elected by Parliament yea a Commission for calling and holding this Parliament confirmed by this Parliament when met the Kings owne publike feales altered and new made a new stile conferred on the King a Kings last Will and a Queenes Dower when fallen confirmed by the Parliament and the privie Councell Court of Request and Chancery limited by it without any dimininution of the Kings prerogative royall what injury or disparagement then can it be to his Majesties royalties to have his great Officers Counsellers and Judges thus nominated and regulated in and by Parliament at this present surely none at all In the Parliament Rolls of 4. H. 6. num 8. I finde a Commission granted to John Earle of Bedford under the great Seale which was read in Parliament to supply the Kings place and power in this Parliament and to doe all that the King himselfe either might or ought to doe therein because the King by reason of his minoritie could not there personally attend to doe it Numb 10. The Commons by a Petition lamentably complained of the great discords and divisions betweene certaine great Lords and privie Counsellors of the Kingdome and more especially betweene the Duke of Glocester Lord Protector and the Bishop of Winchester Lord Chanceilor by which divers inconveniences might happen to the Realme if not speedily accommodated desiring the Duke of Bedford and other Lords to accord them Vpon which the Lord tooke a solemne Oath to reconcile them and made an accord betweene them which you may read at large in Hall Holinshed and other our Historians and in the Parliament Rolls Numb 12. 13. On the 13. day of March Numb 14. The Bishop of Winchester Lord Chancellor of England for certaine causes declared before the Lords in Parliament instantly desired to be discharged of his Office which causes they considering of and allowing he was by the Lords discharged from his said Office and the same day in like manner the Bishop of Bathe Treasurer of England requested to be freed from his Office which was that day done accordingly Numb 14. On the eighteenth day of March Iohn Bishop of Bathe and Wells late Treasurer of England by vertue of a privie seale directed to him brought the Kings great golden seale sealed up in a leather Bagge into the Parliament and really delivered it to the Earle of Bedford the Kings Commissary who receiving it of the said Bishop caused it to be taken out of the Bagge and to be seene of all and then to be put into the Bagge againe who sealing the Bagge with his signet he delivered it to be kept to the Bishop of London then CHANCELLOR OF ENGLAND BY ADVICE and ASSENT of the Lords spirituall and temporall in that Parliament Numb 18. The King by the advise of the Lords spirituall and temporall and by the assent of the Commons in Parliament makes an exchange of Lewes de Buâ—bon Earle of Vandosme taken prisoner at the battell of Agencourt for the Earle of Huntingdon taken prisoner by the French releasing the said Earle Vandosme of his Ransome and Oath Numb 19. The Duke of Bedford Constable of the Castle of Berwicke petitioned that the King BY AVTHORITY OF PARLIAMENT in regard of his absence from that charge by reason of his continuall imployments in the Kings service in France and elsewhere might license him to make a Lieutenant under him to guard that Castle safely Vpon which Petition the Lords spirituall and temporall granted him power to make a sâ—fficient Lieutenant such as the Kings Counsell should allow of so as the said Lieutenant should finde such reasonable sureties for the safe keeping of the said Castle as the Kings counsell should approve And in this Parliament BY ASSENT OF THE THREE ESTATES OF ENGLAND Richard Beauchamp Earle of Warwicke was ordained to be Governour of the young King in like
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
Magistrates The second reason is this The Invasions and oppressions of evill Kings and Tyrants are afflictions and punishments inflicted on us by God Therefore we ought patiently to submit unto them and not forcibly to resist them I answer First The invasions of Forraign Enemies are just Iudgements and punishments sent upon men by God as were the invasions of the Danes Saxons and Normans in England heretofore of the Spaniards since Ergo we ought not to resist or fight against them The present rebellion of the Papists in Ireland is a just punishment of God upon this Kingdom and the Protestant party there Ergo Neither we nor they ought in conscience to resist or take Arms against them Every sicknesse that threatens or invades our bodies is commonly an affliction and punishment sent by God Ergo We must not endeavour to prevent or remove it by Physick but patiently lye under it without seeking remedy Injuries done us in our persons estates names by wicked men who assault wound rob defame us are from God and punishments for our sins Ergo We may not resist them Yea Subjects Rebellions Treasons and Insurrections against their Princes many times are punishments inflicted on them by God displeased with them as the Statute of 1 Ed. 6. c. 12. resolves and the Scripture too Ergo Kings ought not to resist or suppresse them by force of Arms If all these Consequences be absurd and idle as every man will grant the objection must be so likewise I read That in the persecution of the Hunnes their King Attila being demanded of by a religious Bishop of a certain Citie who he was when he had answered I am Attila the scourge of God The Bishop reverencing the divine Majesty in him answered Thou art welcome ô Minister of God and ingâ—minating this saying Blessed be he that cometh in the Name of the Lord Openeâ— the Church door and let in the persecutor by whom he obtained the Crown of Martyrdom not daring to exclude the scourge of the Lord knowing that the beloved sonne is scourged and that the power of the scourge it self is not from any but God Will it hence follow That all Christians are bound in conscience to do the like and not to resist the barbarous Turks if they should invade them no more then this Bishop did the bloudy Pagan Hunnes because they are Gods wrath I trow not One Swallow makes no Summer nor this example a generall president to â—inde all men The third reason is thiâ— Saints forciâ—le resistance of Tyrants begets civill warres great disorders and many mischiefs in the State Ergo It is unlawfull and inconvenient I answer First That this doctrine of not resisting Tyrants in any case is farre more pernicious destructive to the Realm then the contrary because it deprives them of all humane means and possibilities of preservation and denies them that speciall remedy which God and nature hath left them for their preservation Laws denyall of Subsidies and such like remedies prescribed by Doctor Ferne being no remoraes or restraints at all to armed Tyrants Wherefore I must tell thee Doctor Theologorum utcunque dissertissimorum sententiae in hâ—â—c controversia non sunt multo faciendae quia quid sit Lex humana ipsi ignorant as Vasquius controvers Illustr 81. 11. determines Secondly The knowledge of a lawfull power in Subjects to resist Tyrants will be a good means to keep Princes from Tyrannicall courses for fear of strenuous resistance which if once taken away there is no humane bridle left to stay the Inundation of Tyranny in Princes or great Officers and all Weapons Bulwarks Walls Lawes Armes will be meerly uselesse to the Subjects if resistance be denyed them when there is such cause Thirdly Resistance only in cases of publike necessity though accompanied with civill warre serves alwayes to prevent farre greater mischiefs then warre it self can produce it being the only Antidote to prevent publike ruine the readiest means to preserve endangered to regaine or settle lost Liberties Laws Religion as all ages witnesse and to prevent all future Seditions and Oppressions Fourthly Desperate diseases have alwayes desperate remedies Malo nodâ— malus cuneus When nothing but a defensive warre will preserve us from ruine and vassalage it is better to imbrace it then hazard the losse of all without redemption Ex duobus malis minimum All Kingdoms States in cases of necessity have ever had recourse to this as the lesser evill and why not ours as well as others The last and strongest Objection as some deem it is the sayings if some Fathers backed with the examples of the primitive Christians to which no such satisfactory answer hath hitherto been given as might be The first and grandest Objection against Subjects forcible resistance and defensive warre is that speech of Saint Ambrose Lib. 5. Orat. in Auxentium Coactus repugnare non audeo dolere potero potero flerâ— potero gemere adversus arma milites Gothos Lachrymae meae arma sunt talia enim sunt munimenta sacerdotum ALITER NEC DEBEO NEC POSSVM RESISTERE This chiefe Authoritie though it makes a great noise in the world if â—olidly scanned will prove but Brutum fulmen a meer scar-crow and no more For first Ambrose in this place speaks not at all of Subjects resisting their Princes or Christians forcible resisting of the persecuting Romane Emperours but of resisting Valentinâ— and the Arms and Souldiers of the Gothes who at that time over ran Italy and sacked Rome being mortall Enemies to the Romans the Roman Emperourâ— Saint Ambrose and Millain where he was Bishop This is evident by the expresse objected words I can grievâ— I can weep I can mourn to wit for the wasting of my native Country Italy by the Invading Enemies the Gothes against Armes Souldiers GOTHES marke it my tears are Weapons c. If any sequell can be hence properly deduced it must be that for which the Anabaptists use it from whence our Opposites who tax the Parliaments Forces for Anabaptists when themselves are here more truly such and fight with this their weapon That it is unlawfull for Christians to fight or make so much as a defensive warre against invading Forraign barbarous Enemies of whom this Father speaks And then if the Irish Rebels Danes Spaniards French should now invade England both against the Kings and Kingdoms Wills we must make no forcible resistance at all against them with Arms in point of conscience but onely use prayers and teares This is the uttermost conclusion which can properly be hence deduced which our Antagonists will confesse to be at least erronious Anabaptisticall if not Hereticall Secondly You must consider who it was that used this speech Ambrose a Minister then Bishop of Millain who by reason of this his function being an Ambassadour of Peace had his hands bound from fighting with any other weapons even against invading
Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an Aâ—my of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpat as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note informer in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of Late yeers thâ—y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of the Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readily submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declarations Proclamations Inhibitions in His Majestieâ—s Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis talia fando tempâ—ret a lachrymis Adde to this That the Lords Iustices and Councell in Ireland the twenty nine of Iune 1643 have without authoritiâ— of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledgâ— That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortigâ—rne Sigebert Osred Ethelred Bâ—ornard Leowâ—lfe Edwine whom thâ—y deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King Iohn Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sintit commodum sentirâ— debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemiâ—s granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of Wâ—oll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a â—leet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they fearâ—d not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privatâ—ly with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was taken prisoner by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Iustices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Wooâ—â—des of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silvâ—r Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very