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

The Treachery and Disloyalty of Papists to their Soveraignes both in Doctrine and Practise WHen I seriously consider the memorable Preamble of 3 Jac. ch 4. That it is found by daily experience that many of his Majesties Subjects who adhere in their hearts to the Popish Religion by the infection drawne from thence and by the wicked and divellish counsell of Jesuites Seminaries and other persons dangerous to the Church and State are so farre perverted in the point of their loyalties and due obedience unto the Kings Majesty and the Crowne of England as they are ready to entertaine and execute any Treasonable Conspiracies and Practises as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder the King Queene Prince ●ords and Commons in the House of Parliament assembled tending to the utter subversion of the whole State lately ●dertaken by the instigation of Jesuites and Seminaries and in advancement of their Religion by their Schollars ●ught and instructed by them for that purpose With the Statutes of 35. Eliz. ch 2. and 3 Jacobi ch 5. which ●●act That all Popish Recusants shall be restrained to some certaine places of abode and confined to their private ●uses in the Country and not at any time after to passe or remove above five miles from thence under paine of forfeiting ●● their Lands Goods and Chattels during life That none of them shall remaine within ten miles of the City of ●ondon nor come into the Court or house where his Majesty or Heire apparent to th● Crowne of England shall be nor ●ave in their owne houses or in the hands or possession of any other at their disposition any Armour Gunpowder or Mu●tion of what kind soever And all this for the better discovering and avoiding of such Trayterous and most dan●rous Conspiracies Treaso●● Practises and attempts as are daily devised and practised against our most gracious ●overaignes Person and ●●● Commonweale by rebellious and trayterous Papists And when I read in * Dated January 10. 1606. and Februa 22. 1603. two of King ●●mes his Proclamations That those adhering to the profession of the Church of Rome are blindly led together ●ith the superstition of their Religion both unto some points of Doctrine which * Note this cannot consist with the loyalty of Sub●cts towards their Prince and oft times unto direct actions of conspiracies and conjurations against the State wherin ●●ey live as hath most notoriously appeared by the late most horrible and almost incredible conjuration grounded up● points of Doctrine in that Church held and maintained and contrived and practised with the privity and warrant of ●any of the principall Priests of that profession to blow up our children and all the three Estates in Parliament assem●ed And when we consider the course and claime of the Sea of Rome we have no reason to imagine that Princes of ●r Religion and profession can expect any assurance long to continue unlesse it might be assented by the meditation of other ●rinces Christian that some good course might be taken by a generall Councell free and lawfully called to plucke up ●ose rootes of dangers and jealousies which arise for cause of Religion as well betweene Princes and Princes as be●eene them and their Subjects and to make it manifest that no State or Potentate either doth or can challenge pow● to dispose of earthly Kingdomes or Monarchies or to dispense with Subjects obedience to their naturall Soveraignes Which was never yet attempted much lesse effected And in the Booke of Thankesgiving appointed for the ●●h of November set forth by King James and the Parliaments speciall direction this observable Prayer ●omewhat altered by the now a Who confesseth Justifieth it in his Speech in Star-chamber June 14. 1637. Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the ●pists To that end strengthen the hand of our gracious King the Nobles and Magistrates of the Land with Judge●ent and Justice to cut off these workers of iniquity the Papists whose R●ligion is rebellion whose faith is facti● whose practise is murthering of Soules and Bodies and to roote them out of he confines of this Kingdome I can●ot but star damazed yea utterly confounded in my selfe at the Impudency and Treachery ofthose pernicious ●ounsellors who in affront of all these Lawes and premises have issued out sundry b See the Parliaments late Declaration Commissions under ●s Majesties hand and seale to divers notorious Papists not onely to furnish themselves with all sorts of ●mes and Munition but likewise to meet together armed and raise Forces in the Field to fight against the ●rliament Kingdome and Protestant Religion even contrary to divers his Majesties late Printed Declara●ns and Protestations to all his loving Subjects advanced them to places of great trust and command in his ●ajesties severall Armies and procured them free accesse unto if not places of trust about his sacred person ● if they were his loyallest Subjects his surest guard as many now boldly stile them and more to be confi●ed in then his best and greatest Councell the Parliament whom they most execrably revile as Rebels ●●d Traytors the more colourably to raise an Army of Papists to cut their throats and the throat of our Pro●stant Religion first as they have already done in Ireland and then last of all his Majesties in case he refuse to become the Popes sworne vassall or alter his Religion which he hath ost protested and we beleeve he will never doe But I desire these ill Counsellours of the worst Edition to informe his Majesty or any rationall creature how it is either probable or possible that an Army of Papists should secure his Majesties person Crowne Dignity or protect the Protestant Religion the Parliament or its priviledges to all which they have shewed themselves most prosessed enemies We all know that Popish Recusants c See King James his Apology against Bellarmin Laurentius Byerlincke Opus Chronogr p. 319. Deus et Rex The Lord William Howards Sonnes late Booke in Defence of Papists taking the Oath of Allegiance obstinately refuse to take the Oath of Supremacy or Allegiance some of them that tooke it having beene excommunicated by their Priests for a reward The● summe of which Oath is * 3 Jac. c. 4. That they doe truely and sincerely acknowledge and professe That the Pope hath ●● authority to depose the King or to dispose of any his Kingdomes or to authorize any foraine Prince to invade his Countries or to discharge any his Subjects from their Allegiance to his Majesty or to license any of them to beare armes o● raise tumults against him or to offer any violence or hurt to his royall Person Government Subjects That notwithstanding any Declaration Excommunication or deprivation made or granted by the Pope or any Authority derived from him against the King his Heires and Successors or any absolution from their obedience they will beare● faith

and strength of the kingdome in their hands which they insolently abused to the great hazard ●f the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we 〈…〉 King speake these things faithfully unto you in the presence of God and man and doe counsell beseech and adm●nish ●ou to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faith●ull and sworne children thereof To which the King in briefe answered That he could not suddainely put off h●● Councell and therefore prayed a short respite Nothing ●ad hither to preserved the King more Then that he could ●ithout griefe forgo● any favorities if he were nearely pressed the contrary quality whereof hath beene the cause of ●i●all desolation to so many Princes For though choyce of Counsellours ought to be free yet by common in●endment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love ●f a whole Nation rather then to relinquish or diminish a particular dependance for which the publique must not be ●azarded nor subverted The King therefore in this point not infortunate commands Bishop Peter from his Court to keepe residence at his Cure without once medling in State affaires removes all his evill Counsellors derives them of their Offices and puts good men in their places and commands all Poictovians and Foraine forces to de●art the Realme receives all his Nobles into favour restoring them to their lost Offices Lands Castles admits them 〈…〉 to his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And ●r Peter Rivales his Treasurer he was so vehemently inc●nsed against him for his ill Counsell that he sware 〈…〉 would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster 〈…〉 e King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye ●ake thus to him O ihou Traytor by thy wicked advise I was drawne to set my Seale to those treacherous Letters ●r the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Coun 〈…〉 ll I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy com 〈…〉 lices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which ●n●rprise I wasted my Treas●re and lost many worthy persons together with much of my Royall respect Therefore I 〈…〉 act of thee an account and thou shall be carryed to the Tower of London to deliberate till I am satisfied And 〈…〉 us were these civill warres and differences reconciled ill Counsellors removed enormities reformed De 〈…〉 nquents punished not without reducing store of coyne to the King and peace established in the King●ome Which History I have more largely recited because most of its passages are Paralell to the Kings 〈…〉 d his evill Counsellors present proccedings on the one hand and to the Parliaments in some sort on the o 〈…〉 er hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour of 〈…〉 ill Councellours and Cavalieres the just punishment of Delinquents all good Subjects joy and content●ent and the reestablishment of our peace in truth and righteousnesse To end the point proposed * Walsingh Hist● p. 84. 44. Ypod. Neust p. 101 Anno Dom. 1315. King Edward the second by his Writ summoned a Par 〈…〉 ment at London But many of the Lords refused to come pretending causes and impediments by which their ab 〈…〉 nce might well be excused and so this Parliament tooke no effect and nothing was done therein In this Parti 〈…〉 lar then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parlia●ent 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 wills Thus the Barons Prelates a●d Commons by open warre and Armes enforced both a Mat. Pa. An. 1214 1215. p. 240 to 256. Mat. West Walsingham Ypodig Neu. An. 1214 1215 Fabi. Caxton Hol. Graf Daniel in the life of K. John Hen. 3. Sp. Hist p. 578. to 637. King John 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 ● solemne Oath one after another at Saint Edmonds upon the High Altar An. 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves fro● their Allegiance to him untill he should confirme to them by a Charter ratified with his Seale all things which th●● required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleev●● 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 enforce● King b Matth. Par. p. 252. Sp. Holinsh accordingly John thus to ratifie these Charters for the better maintenance of them they elected 25. Barons ●● be the Conservators of their Priviledges who by the Kings appointment though much against his liking ● afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe thes● 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 obe● the commands of the 25. Barons After this c Matth. Paris An. 1258. p. 9. 940 941. Matth. West 1258. Sp. p. 635. Hol. Graft Dani. Polychron An. Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lord came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres a●● the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea Ports ●● 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 we●● these That the King should firmely keepe and conserve the Charter and Liberties of England which King John ● Father made granted and ratified with an Oath and which himselfe had so often granted and sworne to maintai● inviolable and caused all the infringers ofit to be horribly excommunicated by all the Bishops of England in h● owne

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

2. c. 16. f. 24. That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a king cannot doe any thing else in earth seeing be is Gods Minister and Vicar ni●●id solum quod de jure a Luk. 2. 22. 23. 24. ●otest but that onely which he can doe by Law That God the Law and his Court to wit the Earles ●nd Barons in Parliament are above the King and ought to bridle him and are thence called c Comites vi● quia a Comitatu ●ive a societate nomen sumpserunt qui etiam dic● possunt Consules a consulendo Reges enim tales si●● associant ad consulendum regendum populum Dei. ordina●tes eos in magna potestate honore nomine c. Idem l. ● c. 8. f. 5. 6. Co●ites because they are the Kings Companions Fleta an Ancient Law-booke written in King Edward ●he third his raigne lib. 3. c. 3. and 17. useth the selfe same words that Bracton doth and concludes ●hat the King hath a Superior to wit God and the Law by which be is made a Ki●g and his Court of Earles ●nd Barons to wit the Parliament d De Laudibus Legum Argliae c. 9. to 15. Fortescue a great Lawyer Chauncellor to King Henry the 6. ●roves at large That the King is not above but under the Law that be cannot alter the Law of Ergland ●or ●ay any Taxes at all on his Subiects but by Parliament That all lawfull Kings and Kingdomes were at ●●rst created and erected onely by the unanimous free assent of the people that the kingdome of England is a Po●cie or Aristocraticall mixt Government not an absolute royall Soveraignety That the e Hanc potestatem â pop●lo effluxam ipse habet c. p. 25. King hath his ●●yall power DERIVED TO HIM FROM THE PEOPLE whereby it is unlawfull for him to ●le his people by any other power which he prosecutes in sundry chapters too tedious to transcribe ●nd in one word f Chap. 8. vol. ● pag. 173. Raphael Holinshed Iohn Vowell and others in their Description of England ●rinted Cum Privilegio resolve thus of the Parliaments power This House hath the most high and ●bsolute power of the Realme for thereby kings and mighty Princes have from time to time beene ●eposed from their thrones and Lawes are enacted and abrogated Offenders of all sorts punished and cor●pted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE ●EALME and the place where every particular man is intended to be present if not by himselfe yet by ●s Advocate and Attorney For this cause any thing that is there enacted is not to be withstood but obeyed ●● all men without contradiction or grudge and to be short all that ever the people of Rome might doe ei●●er Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their assemblies had power to enact binding Lawes to create and elect ●●eir Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes ●● Officers and to * See Bodine l. 2. c 5. l. ● c. 10 Eutropius and Grimston in the life of Nero Maximinius Heliogabalits and others Livy Rom. Hist l. 1. ●● change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authors resolution the Parliament hath an absolute power to doe the like when ●hey see just cause Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. ●nd Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but ●● in the last Edition hath the same words in effect with Holinshead and addes that the Parliament gi●eth forme of Succession to the Crowne c. Our kings royall power being then originally derived to ●hem conferred on them by the peoples and kingdomes common consents in Parliament and all their ●ew additionall Prerogatives too as the premises evidence it cannot be denied but that the whole ●ingdome and Parliament are really in this sence above him and the most Soveraigne prime power ●●om whence all other powers were and are derived See Fortescue c. 9. to 15. Fourthly This is undeniable because the whole kingdome in Parliament may not onely aug●ent but likewise * abridge allay abolish and resume some branches of the Kings royall power and ●●erogative if there be just cause as when it becomes onorous mischievous and dangerous to the Sub●ects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or ●he Lawes this is most apparant by Magna Charta Charta de Forresta Statutum de Prerogativa Regis De Tall●gio non-concedendo 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. ● 10. E. 3. c. 2. 3 14. E 3. c. 1. 14. 18. E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36. E. 3 c. 10. ● 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. ● 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 ●he Petition of Right 3. Caroli most Statuts against Purveyens Pardons Protections the Acts made this Parliament against Ship-money Knight-hood Forrest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the Continuance of this Parliament whiles they please with g See the Arguments against Ship-money and Impositions and the Declarations against the Commission of Aray sun●ry other Acts which restraine abridge repeale and resume divers reall and pretended branches of the ●ings royall Prerogative because they proved grievous and mischievous to the people and dangeous and pernicious to the kingdome This then answers that irrationall groundlesse position of Doctor Ferne That h Resolving of Conscience Sect 4. 5. the Subjects neither lawfully may nor ought in any case to resume al or any part of that Regall power wherewith they have once invested their Kings by common consent Which as it is contrary ●o that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That ●ll Governments created by mens consents may be altered diminished or repealed by their consents ●● i See Ioshua Iudges Samuel Kings Chron. Daniel throughout ●saiah Ieremy Ezickiel in sundry chap. sundry Presidents and Prophesies in Scripture concerning the alterations the Subversions and Dimi●utions of kings and kingdomes to the constant practise of k See Sleidan de 4. or Imperiis Mat. West Livy Iustin Opmerus Purchas Chronicon ●hronicorum and all generall Histories all Realmes and States whatsoever from ●dam till this instant who have undergone many strange alteratians eclipses diminutions yea Pe●●ods of Government to the Resolution of l Polit. l.

470. Hall f. 176. to 183. Hov●den Annal. pars posterior p. 702. 703. 705. 706. Parliament which may in these cases make any publike Acts without the kings personall ●resence or assent and the assent of the Regent or Protector usually created by them shall as firmely ●inde the king as if he had personally consented as is evident by all the Acts of Parliament passed ●uring the Minority of h Acts and Monuments Old Edition p. 705. See Holinshead Speed Grafton in their lives Henry the 3. who was but 9. yeares old Edward the 3. who was but 1● Richard the 2. who was but 11. yeares old Henry the 6. who was not 9. moneths old Edward the 5. ●ut 12. yeares Henry the 8. not 18. yeares Edward the 6. but 9. yeares of age when they began thei●●aignes and so uncapable of giving any personall consent to Lawes by themselves of which they could not Iudge but by their Protectors and by all Acts made in the absence of King i See Hoveden Annal pars posterior ● 702. 703. 705. 706. Richard the ● Edward the 1. 2. 3. 4. Henry the 3. 2 3 4 5 6 and others out of the Realme all good as ap●eares by 28. H. 8. c. 17. which altered and 33. H. 8 c. 22. which declareth the Law in these particu●ars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-●iver not the king Eightly the king hath little or no hand in making but onely in assenting to Lawes when they are made by the Houses as the usuall forme of passing Acts Le Roy ●e veult The King wills or ●ssents ●o it not before but after they have passed both Houses imports which assent of his if the Bills ●e publike and necessary for the Common good is not meerely arbitrary at the kings will but the king by oath and duty is bound to give it and the Lords and Commons may in justice demand it of meere right as I shall shew anon His Royall assent then though it be the last act which compleats Acts and makes them Lawes yet since it is but an assent to a Law formerly made by both Houses which he cannot alter in any point yea an assent which the king in honour Law justice duty by ●ertue of his ●oronation Oath is bound to give as appeares by the Prefaces of most statutes the sta●ute of Provisours 25. E. 3. Parl. 6. 20. E. 3. and other Acts is so farre from proving the king the Supreme power and Lawgiver that it manifests the contrary that this power principally resides in ●oth the Houses not the king Ninthly this is apparant by those Coronation Oathes which Parliaments and the kingdome in * See Edward ●he ●onfessors Lawes c. 17. in La●bard and Fox king Edwards dayes even before the Co●quest have anciently prescribed to our kings before they would accept of them for their Soveraignes of which I shall give you a short account a Math. Westm An. 1088. Eadmer●s Hist l. 1. p. 13. 14. Ma●●aris Hist p. 12. 13. Speed Hist p. 456. Graften p. 21. 22. Malmes●ury l. 4. p. 119. 120. After the death ●f William the Conquerour William Rufus his younger sonne in the absence of Robert the elder bro●her hastens into England to obtaine the Crowne and finding the greatest part of the Nobles against him he gave his solemne Oath and faith to Lanfran●e Archbishop of Canterb●ry his Tutor that ●f they would make choise of him for their king he would abrogate the over-hard Lawes of his father and ●romise to observe justice equitie and mercy throughout the kingdome in every businesse and defend the ●eace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions ●olentibus omnibus Provincialium animis by the voluntary consent and voyces of all he was chosen k Sir Thomas Smiths Common wealth of England l. 2. c. 2. 3. Cromptons Iurisdiction f. 7. ● Iohn Vo●el Chronicles of Ireland f. 122. to 130. M. Hackwels Manner of passing Bils Sect. 8. and crowned king Which promise and Oath he soone after breaking saying Who is it that can ●●●●ill all his promises Many of the Nobles levyed warre against him adopting Robert his elder Brother king b Mat. Pa●●s p. 52. 53. ●4 Eadmerus Hist l. 2 p. 55. Wil. Masmes ● 5. p. 1●6 H. ●untin l. 7. p. 378. Roger Hoveden Annal p●●s 1. p. 4●8 Polych ●● c. 11. F●bian part 7. c. 226. p. 318 Graft p. 32. Speed p. 466. 467. William Rufus dying Henry the 1. his younger brother in the life of Robert the right heire assembling all the Glergie and people together to London to procure their favour and love to chuse him for their king and Patron he promised the reformation of those Lawes by which England had beene oppressed in the raignes of his Father and Brother To which the Clergie and Nobles answered that if he would with a willing minde reforme those rigorous Lawes remit the Taxes imposed upon the Subjects and by his Charter confirme those ancient Lawes and customes which flourished in the kingdome in the time of Holy king Edward they would unanimously consent to him and consecrate him for their king Which he willingly assenting to and affirming with an oath that he would performe he was by the assent both of Clergie and people consecrated king at Westminster promising by oath to confirme king Edwards Lawes and renounce all oppression in pursuance whereof as soone as he was created he by his Chartar confirmed and reformed divers Lawes for the ease and benefit of his Subjects recorded at large by Matthew Paris Speed and othe●s The beginning of this Charter is observable Henry by the Grace of God of England c. Know ye that by the mercy of God and COMMON COVNSEL of the Barons of the kingdome of England I am crowne● king And because the kingdome was oppressed with unjust exactions ● out of respect to God and the love I beare towards you all make the Church of God free c. and all the evill custome● wherewith the kingdome of England was unjustly oppressed I take from thence which evill customes I here in part set downe And in the end of his Charter he confirmed and restored to them king E●wards Lawes with those amendments of them which his father made by the consent of hi● Barons After which those Lawes of his were published through all England and Ranulph Bishop of Durham banished the Court and committed to the Tower for his oppression bribery and othe● crimes Henry deceasing c Mat. Par Hist p. 73. Mal●es Novellae Hist l. 1. p. 178. 179. 180 Henry Hunti l. 8 p. 386 387. Hoveden p. 481 482. Mat. West A●. ●● 36 p 35. Speed p. 483. 484. Graf p ●1 42 Maude the Empresse his right heire to whom the Prelates and Noble● had sworne fealty in her fathers life time was put by the Crowne by the Prelates and Barrons wh● thought it

belongeth to a King for hasty rashnesse bringeth all things to ruine according to the saying of th● Gospell Every Kingdome divided in it selfe shall be brought to desolation Master o Vol. 1. p. 214. Fox informes us that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes but the most part of them he omitted contrary to his Oath at his Coronation Indeede I finde not that the Conqueror tooke this Oath when he was crowned but I reade in * History p. 440. 441. Speed and others that William the Conquerour abrogating for the most part the ancient Lawes of the Land and introducing ne● hard Lawes of his owne written in the Norman tongue which the people understood not and th● Iudges wrested at their pleasures to the forfeiture of Goods Lands Life hereupon the Nobility and Natives seeking to cast off these snares and fetters of his Lawes set up Edgar Athelin for the● Generall once againe and ●ell into a new conspiracie raising great forces and resolving to make th● sword their Iudge The King hereupon by Lanfrankes advise who as Re●oboams sages gave him counsell somewhat to beare with their abuses rather then to hazard the ruine of all in fight appointed a meeting at Berkham●teed Anno 1172. where the King entring parly with the English Nobility did so farre winde himselfe into their good opinions that they all forthwith layd downe their weapons And he for his part fearing to lose the Crowne with shame which he had gotten with effusion ●f so much blood gave his Oath upon the holy Evangelists and the reliques of Saint Albane the Martyr the same being ministred to him by Abbot Fredericke swearing to observe and inviolably to ●●epe the ancient Lawes of this Land and most especially those compiled by King Edward the Confessor ●hough as the event soone shewed he little meant to doe as he promised Peace thus established ●is conference ended and the Kings oath received the English Armies disband themselves as drea●ing Note this they had now good fortune by the foote and hoping the greatest stormes of their dangers were ●a●t which presently proved but a vaine surmise For king William having compounded with the ●anes began extreamely to hate the English Nobles and with full resolution of their destruction ●●ddenly set upon them apart which he durst not attempt when they were united so that * See H●ntindon Hist l. 7. p. 369. Mat. Paris Hist p. 6. s●aying ●ny imprisoning others and persecuting all of them with fire and sword well was he that could ●e first ●●ne Such little faith or assurance is there in the solemne Oathes and Protestations of Kings to ●●eir Subjects which are seldome really performed and intended onely as snares to intrap them if ●●ey confide and rely upon them without any better security The forme of the kings Coronation ●er since Edward the a hath beene this and is thus administred p Magna Charta Printed Cum Privilegio London 1558. part 2. f. 16●● Iudamentum Regis quando corona●u● Remonstrance Nov 2. p. 25. to 38. The Metropolitan or Bishop ●●at is to Crowne the King with a meane and distinct voyce shall interrogate him if he will confirme with an ●ath the Lawes and customes granted to the people of England by ancient just and devout kings towards ●od to the samepeople and especially the Lawes and Customes and Liberties granted by glorious King Edward to the Clergie and People And IF HE SHALL PROMISE that he will assent to all these ●et the Metropolitan or Bishop expound to him what things he shall sweare saying thus Thou shalt ●epe to the Church of God to the Clergie and people Peace intirely and concord in God according to thy ●●wer The king shall answer I will keepe it Thou shalt cause to be done in all thy judgements equall ●dright justice and discretion in mercy and verity according to thy power He shall answer I will doe it ●●ou grantest just Lawes and Customes to be kept and thou dost promise that those Lawes shall be protected ●d confirmed by thee to the honour of God QUAS VULGUS ELEGERIT which the people shall ●se according to thy power He shall answer I doe gra●t and promise And there may be added to ●e foresayd Interrogations what other things shall be just All things being pronounced he shall confirme that he will observe all things with an oath upon the Altar presently taken before all There ●ath beene a late unhappie difference raised betweene the q See the Parliaments Remonstrance of the 26. of May. p. 9. His Majesties Answer thereto p. 16. 17. and the Parliaments Reply Nou. 2. p. 2● to 38. king and Parliament about the word ELEGERIT the Parliament affirming the word to signifie shall chuse according to sundry written ●oles and Printed Coppies in Latin and French the King on the contrary affirming it should be ●●th chosen But he that observes the words of the ancient Oathes Populo tibi commisso rectam ●●liciam exercebis malas leges iniquas consuetudines si aliquae fuererint in Regno tuo delebis bonas servabis all in the future tence and the verbes servabis Facies fier● protegendas cor●oborandas in ●e former and same clauses of the Oath now used all of them in the future with the whole Scope ●tent and purport of this part of the Oath must necessarily grant shall chuse to be the true rea●ng and that it referres to the confirmation of * Iudge Huttons Argument against Ship-money p. 32. determines so future Lawes to be afterwards made in Parliament not those onely in being when the Oath was administred else kings should not be obliged by their ●athes to keepe any Lawes made after their Coronations by their owne assents but onely those ●●eir Predecessors assented to not themselves which were most absurd to affirme From these severall Oathes and Passages the usuall forme of the Nobles proclaiming such and ●●ch Kings of England with other r Page 4. ●● forecited Histories it is apparant First that Popish Parliaments Peeres and Subjects have deemed the Crowne of England not meerely successive and he●dita●y though it hath usually gone by descent but arbitray and elective when they saw cause ma● of our kings comming to the Crowne without just hereditarie Title by the Kingdomes Peeres ●d peoples free election onely confirmed by a subsequent Act of Parliament which was then re●●ted a sufficient Right by vertue whereof they then reigned and were obeyed as lawfull kings ●d were then and yet so acknowledged to be their Right by Election of their Subjects being seldome or never adjudged an illegall usurpation in any Parliaments whence the statute of 1 E. 4. c. 1. ● d ● E. 4. ● 2. declare king Henry the 4. 5. and 6. to be successively kings of England indeed and not right yet not usurpers because they came in by Parliament Onely Richard the third who treacherously murthered Edward the 5. his

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

Kings eldest sonne was created Duke of Cornwall by Parliament which then also entailed the Dutchy of Cornwall upon the eldest sonnes of the Kings of England See 21 R. 2. c. 9. * 7. H. 4. c. 2. Hals Chronicle 1. H. 4. f. 10. 15. Fabian par● 7. p. 376. Speed p. 763. King Henry the fourth the ●et●er to assure the inheritance of the Crownes and Realmes of England and France to him and his posterity caused them by a speciall Act of Parliament in the first yeare o● his raigne to be entailed and setled on himselfe and the heires of his body begotten and Prince Henry hi● eldest sonne to be established pronounced ordained and decreed heire apparant to him and to succeed hi● in the said Crownes and Realmes to have them with their appurtenances after the Kings death to him an● the heires of his body begotten And if he should die without heire of his body begotten then to remaine to th● Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lor● Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for t●● avoyding for all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and ●e plenteously served of all things necess●ry both for viande and apparell and if any persons should presume to reare warre or congregate a multitude ●o deliver him out of prison that then he should be the first that should die ●or that sedi●ious comm●tion Which King Richard as * Fabian part 7. p. 373. Sir John B●got by his Bill exhibited to this Parliament averred h●● divers times at sundry Parliaments in his time holden said that he would have his intent and pleasur● concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde b● would by one meanes or other bring him out of his life And further said to him at Lichfield in the one ●● twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons ha●● him in ●s great awe and dread as ever they had of any his Progenitors so that it might be chronicled of him that none passed him of honour and dignity with condition that he were deposed and put ●●rom his said dignity the next morrow after So wilfull was he as to preferre his will before his Crowne or safety n Hall An. 38. 39. H. 6. f. 176. to 183. Fabian An●o 1441. p. 470. Grafton p. 643. to 648. Holins Stow Howes An. 1440 144● In the yeares 1440. and 1441. Edward Duke of Yorke came into the Parliament House an● there in a large Oration laid claime and set forth his Title to the Crowne of England which King He●ry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene the● both ●ides submitting to their resolution as the proper Judges of this weighty royall controversie After lon● debate and consideration of the case among the Peers Prelates and Commons of the Realme it w●● finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yea●● and more that he sh●uld enjoy the name and title of King and ●ave p●ssessi●n of the Realme during his n●turall life And if he either died or resigned or FOR FAITED THE SAME for breaking ●● part of this concord then t●e said Crowne and authority royall should immediately descend to the Duke ●● Yorke King Edward the 4. his Father if he then live● ●r else to the next heire of his line And that the s● Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the Ki●● did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the de●● of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke T● TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed ● swore to and then caused them to be enacted Loe here we have these two Kings submiting their Titles ● the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraig● Judge betwene them who settled the Crowne in this order under paine of ●orfeiting it by Ki●● Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in ●● full age as o Historia Angliae p. 458. Parliamentum fuit c●nv●catum in qu● Parliamento ex assensu omnium Statuum idem Dux Defensor seu Protector Angliae fuera● nomina●us ordina●us omniaque Regni off●cia beneficia ejus dispositioni sunt commissa Walsing●am informes us a Parliament c●nstituted Duke Humsry to be protector of hi● and h●s Kingdome of England and the Duke of Bedford to ●e Regent of France during his minority wh● exercised all regall power by vertue of that authority which the Parliament derived to them A●● this in these two Kings reignes p See Grafton p. 691. 692. Speed p. 869. 878. 859. 886. 1. E. 4. c. 1. 17. E. 4. c. 7. the Crown and its descent were variously setled by Parliament as I ha●● formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it ●● akered or reversed by another Parliament King q Speeds Hist p. 928. 931 Richard the third comming to the Crown by usurp●tion to strengthen his Title procured the Lords and Commons to passe an Act of Parliament where in th● declare him to be their lawfull King both by election and fuccession entaile the Crowne upon him and the hei●● ●f his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in ●he royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teach●th that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled ●n Parliament and by the Authority of the ●ame makes before all other things most faith and certainty and ●uieting of mens mindes removeth the occasion of all doubts and seditious language r Halls Chro. 1 H. 7. f. 855. Henry the seventh af●erwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to set●le the inheritance of ●he Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace ●f God so to endure and on none

other and all attainders and Acts against him by Edward the fourth and King Richard s Grafton p. 856. this Parliament annibilated After him King Hen●y the eighth to ratifie his divorce from Que●ne Katherine caused it to be confirmed and his t Sp. p. 1028. Marriage with her to be utterly dissolved by Act of Par●iament and by u 25 H. 8. c. 22. 26 He. 8. c. 13. 28 H. 8 c. 7. 35 H. 8. c. 5. See Hall sundry Acts ratified his subsequent Marriages and setled the descent of the Crowne to ●is posterity somewhat different from the course of the Common Law which Statutes were afterwards altered ●nd the descent of the Crowne setled by other speciall Bils in Parliament both in x 1 Mar. c. 1. Parliament 2. c. 1. 2. 1 Eli. c. 3. 13 Eliz. c. 1. Queene Maries and Queene Elizabeths Reignes Whose Titles to the Crowne were setled and in some sort created by the ●arliament By the notable Sta● of 13. Eli. c. ● worthy reading for this purpose it is made no lesse then high Treason ●o affirme That the Queene WITH and BY THE AUTHORITY OF THE PAR●IAMENT of England is not able to make Lawes and Statutes of sufficient force and validity to binde li●it restraine and governe all persons their Rights and Titles that in any wise may or might claime any interest or ●ossibility in or to the Crowne of England in possession re●ainder inheritance succession or otherwise howsoever ●nd all other persons whatsoever King Edward the sixt Queene Elizabeth and other our Princes holding ●heir Crownes by a Parliamentary Title rather then by the course of the * See Cooks Institut Littlei f. 15 16. Common Law which this ●tatute affirmes the Parliament hath power to alter even in case of descent of the Crowne It is observable that the Statutes of 25 H. 8. c. 22. 28 H 8. c. 7. and 35 H. 8. c. 1. doe not onely Nul●●fie some of this Kings marriages and ratifie others of them declaring some of his issues legitimate and heredi●ble to the Crowne others not and appoint the Queene if living to be Protector of the infant King or Queene ●at should inherit the Crowne or such of the Lords as the King by his last will should designe But likewise pre●cribe strict Oathes for every Subject to take to maintaine the Succession of the Crowne as it is limited ●y those Acts which Oathes for any to refuse is made high Treason or to write or speake any thing a●ainst the Succession of the Crowne as it is therein limited And withall they derive a plenary authority ●● the King who thereupon * 35 H. 8. c. 1. acknowledgeth the great trust and confidence his loving Subjects had in him ● putting in his hands wholly the Order and Decla●ation of the Succession of this Realme by his Letters Patents ●der his Seale or his last will in writing signed with his ●and for la●ke of issue lawfully begotten of his bo●● to * 28 H. 8. c. 7. 35 H. 8. c 1. give limit assigne appoint or dispose the imperiall Crowne of the Realme to what person or persons ●d for such estate in the same and under such conditions as it should please his Majesty The Parliament therein ●omising by o●e common assent to accept take love dread and obey as their legall Governours and Supreame ●ads such person or persons onely as the King by au●hority of those Acts sh●uld give the Crowne unto and ●olly to st●cke to them as true faithfull Subjects Provided that if any of his Children or Heires afterward ●d usur●e one upon the o●her in the Crowne of this Realme or claime or challenge the said Imperiall Crowne ●●erwise or in any other course forme degree or condition then the same should be given disposed or li●ted unto them by the King by ver●ue of those Acts. Or if any person or persons to whom it should please ●● King by autho●ity of those Acts to dispose the said Crowne and Dignity of this Realme or the Heires of any ● them should at any time hereafter demand challenge or claime the Crowne of this Realme otherwise or in ●y other course forme degree or condition then the same should be given disposed and limited unto them by ●● King by ver●ue and authority of these Acts That then all and singular offenders in any of the premises ●ntrary to these Acts and all their Abettou●s Maintainers Factours Counsellours and Aiders therein shall be ●emed and adjudged HIGH TRAYTORS TO THE REALME and that every such ●ence shall be accepted reputed and taken to be high Treason and the offenders therein their ayders c. ●● every such offence shall suffer such judgement pai●es of death losses and forfeitures of Lands Goods and Pri●ledges of sanctuary as in any cases of high Treason And over that as well the Kings said Hei●es and Children every such person and persons to whom the Crowne should be limited as aforesaid and e●ery of their Heires ●● every such offence above specified by them or any of them to be committed shall lose and forfeit as well all such ●ight Title and interest that they may claime or challenge in or to the Crowne of this Realme as Heires by ●scent or by reason of any gift or Act done by the King for his or their advancement by authority of those Acts by any manner of meanes or pretence whatsoever And the Statute of 35. H. 8. c. 1. which entailed the Crowne upon Queene Mary after Edward the 6. his decease without issue hath this proviso That if the said Lady Mary doe not keepe and performe ●● conditions as King Henry by his Letters Patents or last Will in writing should hereafter declare and limit ●●● said estate in the Imperiall Crowne That then and from thenceforth the said Imperiall Crowne shall be● come to the Lady Elizabeth and the heires of her body lawfully begotten in such like manner and forme a● th●● the said Lady Mary were then dead without any ●eires of her body begotten any thing in this Act contained ● the contrary notwithstanding And the like proviso there is for Queene Elizabeth That if she performe not ●● like conditions limited as aforesaid to her estate in the Crowne That then the said Imperiall Crowne shall ● and come to such person or persons as the King by his Letters patents or last will shall limit or appoint By ● which Acts worthy reading and consideration the Parliaments Supreame power of setling and disposing the descent and inheritance of the Crowne and giving Authority even to the King himselfe to ●●pose of it upon condition on paine of forfeiture as aforesaid which the King alone had no right nor po●er at all to doe will easily appeare to the most malignant Spirits In the first y ● Jac. c. 1. Parliament of our late King James the first Bill then passed was an acknowledgem●● and confirmation of his immediate lawfull and undoubted succession and right to

good Subjects as the Cavaliers doe 〈…〉 w and to take from them their victuals at their pleasure paying little or nothing for them and to ravish their 〈…〉 ves and daughters And if any man persumed to complaine to the King of them he was soone rid out of 〈…〉 way no man knew why nor by whom so that in effect they did what they listed In this Parliament 〈…〉 King having made the Speaker and a great part of mercinary proud ambitious men of the Commons 〈…〉 use to be of his side to act what he required them he then prevayled likewise with the upper house 〈…〉 with the Prelates then with the Lords more out of feare of him then any reason by meanes where 〈…〉 the Commission Charters of pardon and Acts made in Parliament in the 10. and 11. yeare of his raigne 〈…〉 re quite revoked and declared voyd in Law as being done without authoritie and against the will and 〈…〉 ertie of the King and of his Crowne And withall they declared the Judges opinions for which they were 〈…〉 demned in that Parliament to be good and lawfull and attainted the said imprisoned Lords of high 〈…〉 eason and confiscated their lands The two Earles hereupon were beheaded and the Duke by reason 〈…〉 is p●pulat●tie smothered onely for their former actions which done the King adjourned the Par 〈…〉 ent to Shrew●bury where he subrilly procured an o 21. R. c. 12. Act to passe by common consent that t●e power 〈…〉 he Parliament should remaine in seven or eight persons who after the Parliament dissolved should deter 〈…〉 e certaine petitions delivered that Parliament and not dispatched By colour whereof Those Commit 〈…〉 proceeded to other things generally touching the Parliament and that by the Kings app 〈…〉 ment in derogatien p 21. R. 2. c. 16. Walsing Hist Aug. Ann● 1398. p 394 〈…〉 he state of the Parliament the dis●ommodity and pernicious example of the whole Realme And by colour 〈…〉 Authority hereof the King caused the Parliament Rols to be altered and defaced against the effect of the 〈…〉 said grant After which he much vexed and oppressed his people with divers forced Loanes Oathes 〈…〉 positions and oppressing Projects to raise money seeking to trample them under his feet and 〈…〉 roy the Realme and tooke all the Jewels of the Crowne with him into Ireland without the Kingdomes 〈…〉 sent Which rendered him so odious to his people that Henry Duke of Lancaster landing in England the whole kingdome came flocking to his ayde so that he had an Army of 60000. men in a short time who v 〈…〉 ed to prosecute the Kings ill Counsellours Whereupon King Richard returning out of Ireland hearing 〈…〉 the Dukes great Army assembled against him and knowing that they would rather dye then yeeld 〈…〉 of their hatred and seare of him he dismissed his Courtiers hiding obscurely in corners till he was a 〈…〉 prehended and by a Parliament summoned in his name though against his will judicially deposed 〈…〉 his misgovernment Among which Articles of his misgovernment for which he was judicially dethroned these are rema 〈…〉 able First * Graft p. 400 401 402 c. That he was●fully spent the Treasure of the Realme and had given the possessio●s of the Crow 〈…〉 to men unworthy by reason whereof daily new charges more and more were laid on the neckes of the poore C 〈…〉 monalty And when divers Lords were appointed by the High Court of Parliament to commune and t 〈…〉 of divers matters concerning the Common-wealth of the same which being busie about those Commissions he 〈…〉 other of his affinity went about to impeach them of high Treason and by force and threatning compelled 〈…〉 Justices of the Realme at Shrewesbury to condescend to his opinion for the destruction of the said Lords 〈…〉 somuch that he began to raise warre against John Duke of Lancaster Thomas Earle of Arundell Rich 〈…〉 Earle of Warwicke and other Lords contrary to his honour and promise Item He assembled certaine Lancashire and Cheshire men to the intent to make warre on the fores 〈…〉 Lords and suffered them to rob and pillage without correction or reproofe Item Although the King flatteringly and with great dissimulation made Proclamation throughout 〈…〉 Realme that the Lords before named were not attached for any crime of Treason but onely for extortions 〈…〉 oppressions done in the Realme yet be laid to them in the Parliament rebellion and manifest Treason Item He hath compelled divers of the said Lords servants and friends by menace and extreame paines 〈…〉 make great sines to their utter undoing And notwithstanding his pardon to them granted yet he made the fine of new Item That he put out divers * Note Sheriffes lawfully elected and put in their roomes divers of his owne Mi 〈…〉 on s subverting the Law contrary to his Oath and Honour Item For to serve his purpose he would suffer the Sheriffes of the Shire to remaine above one yeare or two Item He borrowed great summes of money and bound him under his Letters Patents for repayment of the sa 〈…〉 and yet not one penny paid Item He taxed men at the will of him and his unhappy Councell and the same Treasure spent in folly not pay 〈…〉 poore men for their victuall and viand Item He said That the Lawes of the Realme were in his head and sometime in his brest by reason of wh 〈…〉 phantasticall opinion he destroyed Noble men and impoverished the Commons Item The Parliament setling and enacting divers notable Statutes for the profit and advancement of the Co 〈…〉 monwealth he by his private friends and solicitors caused to be enacted * Such a kinde of proviso was endevoured to beadded to the Petition of Right 3 Caroli That no Act then enacted should 〈…〉 more prejudiciall to him then it was to any of his Predecessors though with proviso he did often as he listed 〈…〉 not as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Jew 〈…〉 without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carryed the Jewels Plate and Treasure of the kingdome o 〈…〉 the Sea in to Ireland to the great impoverishing of the Realme And all the good Records for the Comm 〈…〉 wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Justices were sworne to say the truth of divers things to them committed in cha 〈…〉 both for the honour of the Realme and profit of the King the said King so menaced them with sore threatning 〈…〉 that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Prin 〈…〉 hands and at his disposing Item He craf●ily devised certaine privy Oathes contrary to the Law and caused divers of his

the Crowne of England ● the next and onely heire of the blood Royall to whom of right it descended which Dolman the Priest and so● Jesuites opposed in Printed seditious Bookes So the z ● Mariae Parl. 2. c. 2. Articles of Queene Maries marriage with K● Philip were limited appointed and ratified by Parliament And the Imperiall Ecclesiasticall Ju●diction usurped by the Pope and Prelates hath likewise by a 25 H. 8. c. 19. 21. 26 H. 8 c. 1. 3. 27 H. 8. c. 10. 28 H. 8. c. p. 16. 32 H. 8. c. 22. 24. 29. 31 H. 8. c. 10. 14. 3● H. 8. c. 29. 34 35 H. 8. c. 17. 19. 35 H. 8. c. 1. 3. 1 Eli. c. 1. 1 E. 6. c. 2. 1 Mariae c. 1. Parl. 2. c. 1. 8 El. c. 1. sund●y Statutes beene restored and united to ●● Crowne and the Title of Supreame head and Supreame Governour in all causes and over all persons Spiri● all Ecclesiasticall and Temporall seiled upon our Kings and Queenes Who during their minori●ies have ●● Guardians and Protectors appointed to them by b Walsingham Hist Angl. H. 5. p. 458. Speed p. 1 108. 28 H. 8. c. 7. 17. 1 E. 6. c. 11. Hals Chronicle 1 H. 6 Parliament to summen Parliaments assent to ●ils and ex●cute all royall Jurisdiction in their names and steads And a● the Title and Right to the Crowne of Englan● and the Jurisdiction thereof hath thus from time to time beene decided and setled in and by our Parli●ments so hath the Title and Jurisdiction of the Crowne of Scotland beene c Hist Angl. p 16. to 26. 31. to 33 42. 46. to 56. See Holin Grafton Stow Speed in the life of Edward the first ●podigma Neust p. 72. to 96. frequently discussed a● setled in our Parliaments upon appeales made to them by the Kings of Scotland and their Corrivals to that Crow●● Witnesse the famous case and competition for that Crown long agitated and resolved in Parliament betweene ●● King of Norway Bailliol and Bruce to omit others in the Reigne of King Edward the first And ●●● King Edwards title to the Crowne of Scotland declared and resolved by our Parliament here All which ●● Recorded at large by Thomas Walsing●am in the life of King Edward the first and in the Parliame●● Rols and Pleas of his Raigne with d 1 Jac. 1. sundry other instances of this nature frequent in our Historian ● wh●ch for brevity I pretermit It is a e 35 H. 8 c 1 cleare case without dispute that if the King should dye without any Heire the Crowne wou● ofcheate to the whole Kingdome and Parliament who might dispose of it in such a case to what pers●● they pleased or quite change that forme of government if they saw good cause no particular kin● of rule being so simply necessary by any divine right or Law to any state or Kingdome but that as it was ● first instituted so it may in such a case be changed by the whole Kingdomes generall consent upon suff●cient grounds This appeares by the case of * Elondus Decad 2. l. 2. Regin l. 2. An. 800 Bi●●op Bilson of Christ an Su●jection c. part 3. p. 423. Charles the grosse who being deposed from the Empire a●● his Kingdomes for a mad man and dying without any Heire the Kingdomes which before were subject ●● him Destitute of a right Heire began to fall in sunder on every side and to choose Kings of themselves of an●ther Family France elected Charles a childe sirnamed Simple for their King and after his simplic●ty displeased them they Crowned Otho Sonne of Robert Duke of Saxony in his place At the same tim● the people of Italy meaning to have a King of their owne could not agree on the matter but some cho● Beringarius others Guido and so had two Kings in Italy both calling and bearing themselves as Emp●rours And the Germanes elected Arnolph Duke of Bavaria for their Emperour Thus * Zonas Annal. Tom. 3. f. 1 26. Grimstons Imperiall History p. 303. Zeno the Emperour dying without any Heire that might succeed him Anastasiu● a man of great reputation yet of no No●● Family was chosen his Successor by the Senate and Legions The like we read of divers other Emperou● de●easing without Heire of some of our Saxon and British Kings before the Conquest and of othe● in other Kingdomes where the Crowne hath beene translated from one family to another by the Kingdomes consent for want of Heires Yea Bishop Bilson 1 The true difference betweene Christian Subjectio● and unchristian Rebellion part 3. p. 418. to 422. himselfe though a great Royalist po●●tively affirmes That if a King or right H●ire to any Crowne be borne or becomes a naturall Foole or star●mad or run besides himselfe so that he is not able to governe himselfe much lesse his Realme in these ●● cases ANY REALME BY PUBLICKE CONSENT and ADVICE MA● CHUSE ANOTHER KING for what should he doe with a royall Office or by what d●vine or humane right can he enjoy a Crowne who is utterly unable to manage it Upon this groun● 2 See the generall History of France in his life Sabellicus Ennead 8. l. 8. ● 245 N●ucl●rus vol. 3. gen 20. Blondus Decad. 1. l. ●● Aventinus l. 3. p. 293. to 300. Gaguinus l. 3. in Carolo. M●rt Herman Sche●● Chron. Aetas 6 f. 185. King Childericke was deposed by his French and German Subjects generall consents because he was ● ●e a Sot a Beast unable to governe his Kingdome and Pepin of another race elected and crowned King in ●stead which act by Pope Zacharies resolution was adjudged both just and lawfull even in point of ●science before it was put in execution So 3 Go●fredus Viterbiensis Chro. pars ●● col 468 Regino l. 3. An. 887. H. Mutius Germ. Chr. l. 12 Grimstons Imperial History p. 404. Charles the third the last Emperour of Pipins race ●● deposed from the Empire by the Princes Dukes and Governours of the Provinces of Germany and ●●ce for that he became foolish and unfit to governe being bereaved of his senses and by common consent ●●olph was elected Emperour in his stead Thus 4 Euagrius Eccl. hist l. 5. c. 11. 13 Zonaras Annal. Tom. 3. f. 150 151. Eutropius l 16. p. 211. Justinus the second falling into a frensie and madnesse ●hat he had no sense nor understanding of any thing that was done was removed and Tiberius placed ●he Empire at his Coronation Justinus used this notable speech Let not the glory of these Imperiall ●●es leade thee into errour neither be thou de ceived with the glorious shew of such things as are subject unto the ●●s wherewith I my selfe now al●s being snared have brought my selfe foolishly into grievous torments ●refore in governing the Empire with great moderation and mildnesse of spirit redresse what is amisse and cor● what I have leudly committed And pointing at his ill Counsellours with

Soveraigne and violently usurped his Crowne at first before any Parliament ●●ve it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaugh●● in Bosworth field was declared an usurper by Act of Parliament 1. H. 7 c. 6. and so adjudged to by 1 E. 4. c. 1. 8. H. 7 c. 1. 9. E. 4. f. 1. 2. and Henry the 7. had the Crowne set upon his head in the ●●ld by my Lord Standly as though saith s Page 8 ● ●● Grafton he had beene elected king by the voyce of the people ● in ancient times past in divers Realmes it hath beene accustomed Secondly that those kings who have enjoyed the Crowne by succession discent or election have still taken it upon the condition and covenants conteined in their Coronation Oathes which if they refused to sweare to the Pee●● and people really and bona fide to performe they were not then to be crowned or received as kings ●● adjured in the name of God to renounce this dignity And though in point of Law t Cooke 7. Report f. 10. 11. Calvins case Mar●il Patauinus Defen Pacis pars 2. c. 25. those who enjoy ●● Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent * Littleton sect 378. 379. Cookes Instit Ibid. f. 232. 233. 234. Condition in Law contained in their Coronation Oathes which impose no new but onely ratifie the old conditions ● separably annexed to the Crowne by the Common Law ever since Edward the Confessors dayes if not ●●fore as the Oathes of all our kings to their people really to performe th●se Articles and Condition fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the ki●● pleasure to take or refuse them if he will but necessary and inevitable by the Law and const●●●sage of the Realme yea of all v Baldus Proaem de Feud n 32. Dr Crakenth defence of Constantine p. 163. to 175. Grimst Imperiall Hist p. 653. Christian kingdomes whatsoever which prescribe like Oathes to t●● kings From all which I may firmely conclude that the whole Kingdome and Parliament are ●● Supreame Authoritie and Paramount the king because they may lawfully and doe usually prescr●● such conditions termes and rules of governing them to him and binde him by Oath faithfully to perfo●● the same as long as he shall continue king which oath our kings usually tooke or at least faithfu●● promised to take to their Subjects in ancient times before ever they did or would take an Oath ● fealty homage or Allegiance to them as the premises evidence Claus Rot. 1. R. 2. M. 44. Tenthly Our Parliaments and kingdome anciently in times of Popery and Paganisme ●● both challenged and exercised a Supreame power over the Crowne of England it selfe to transfe●● it from the right heire and setled it on whom themselves thought meete to elect for their King ●● likewise to call their Kings to an account for their misgovernment and breach of Oath to the prejudice of their people so farre as to article against them and either by force of Armes or a judic●● sentence in Parliament actually to depose them and set up others in the Throne as many * See Fortescue c. 12. to 15 Iohan. Mar. de Rege Regis Instit l. 1. ● 7. 8. 9. foreci●● presidents together with the examples of Archigallo and Emerian two ancient British Kings and Edwin King of Mercia deprived of allhonour and Kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression misgovernment and vicious lives and others elected and made Kings their places evidence which Acts of theirs they then reputed just and Legall Those Parliament then and Nationall Assemblies which have thus disposed of the Crowne and Kings themselves and exercised such jurisdiction over them must certainely be above them and the highest Soveraing● power True it is our Protestant Peeres Commons and Parliaments never challenged nor exercised such jurisdiction and I presume they will never doe it However it is neither honourable n●● safe for Kihgs and the most destructive policy their ill Counsellours can suggest unto them so fa● to oppresse their Subjects or exasporate their Parliaments as to provoke them to use the extremity x See p. 4. 5. 6. their power and revive dead sleeping presidents the consideration whereof when they were fresh m●● succeeding Kings more just and moderate in their governments and reclaimed many Vitious and Oppress●●● * See Mat. West Jeofry Monmouth Polych Fab. Graft Holin Speed in their lives Princes as Archigallo and others witnes for their reliefe We know what Solomon saith y Eccles 7. 7. Surely ●●pression maketh a wise man mad and if Kings or their evill Instruments shall so farre mad their Subject and Parliaments either by oppressions rapines misgovernment destroying making warre upon them putting them out of their protections as to make them cry out as they did against King Iohn z Mat. Par. p. 264. 265. 268. Grafton p. 111. 112. Bishop Bilson part 3. p. 480. Rex Ioh●nes factus est de Rege Tyrannus imo de homine in ●estialem praerumpens feritatem Ve● tibi Iohanni Reg● ultime Anglorum Principum abominatio Nobilitatis Anglicanae confusio Heu Anglia vastata ● plius vastanda c. Whereupon presently ensued a Nolumus hunc regnare Tandemque decretum ● ut aliquem potentem in Regem eligerent per quem possint ad possessiones pris●inas rev●cari credentes ● nu●lus Iohanne peior vel durior possit dominari tale miserabile statuentes argumentum Fortuna miserima tuta est Nam timor eventus deterioris abest Cumque aliquandi● quem eligerent ●ae●it●ssent demum in hoc pariter consens●runt ut Ludovicum fil●● Philippi Regis Francorum sibi praeficerent ipsum in Regem Angliae sublim●rent Which they did King Iohns their owne and the whole kingdomes great prejudice We know what the ill advise of R●● boams rough young Counsellors produced 2 Chron. 10. And the King answered the people roughly ●● the advice of the young men saying My father made your yoake heavie but I will adde thereto ● * See 2 Chro. 10. 11. father chastised you with whips but I will chastise you with scorpions And when all Israel saw that ● king would not harken unto them the people answered the King though he came to the crown by succe●● on saying What portion have we in David and we have none inheritance in the Son of Iesse every ma● your tents O Israel and now David see to thine owne house So all Israel went to their tents and ele●● Ieroboam for their King and fell away from the house of David to this day being never after united to ● but continuing a distinct Kingdome from it wherefore the best policy Kings can use to perpetuate their Thrones to them and their Posterity is to ●●●at their Subjects so