Kingdom which if they contemned to do thy would with force of Arms and Banners disslayed MARCH AGAINST THEM AS PUBLIKE ENEMIES SUBVERT THEIR CASTLES BURN THEIR HOUSES AND EDIFICES AND NOT CEASE TO DESTROY THEIR PONDS PARKES AND ORCHARDS Whereupon all the Lords Knights and People dâ—serting the King who had scarce seven Knights in all left with him confederated themselves to the Barons in the Common Cause wherein to be a Neuter was to be an enemy and no member of the politicke body in which all were equally engaged Whereupon the King thus deserted by all condescended speedily to their demands and confirmed the great Charter much against his will A very apt President for these times which would make the people more unanimous faithfull and couragious for the Common Cause if but imitated in the commination onely though never put into actuall execution he being unworthy once to enjoy any priviledge of a free-born Subject in the Kingdom who will not joyn with the Parliament and Kingdom to defend his Libertie and the Kingdoms priviledges in which he hath as great a common share as those who stand pay and fight most for them It is a good Cause of disfranchising any man out of any Citie Corporation or Company and to deprive him of the Priviledges of them if he refuse to contribute towards the common support defence or maintenance of them or joyn in open hostilitie contributions or suites against them There is the same and greater reason of the generall Citie and Corporation of the whole Realm to which we are all most engaged and therefore those who refuse to contribute towards the defence and preservation of it if able or by their persons purses intelligence or counsell give any assistance to the common enemy against it deserve to be disfranchised out of it to have no priviledge or protection by it and to be proceeded against as utter enemies to it Christs rule being here most true He that is not with me is against me and he that gathereth not with me scattereth abroad The Common-wealth of which we are members hath by way of originall contract for mutuall assistance and defence seconded by the late Protestation and Covenant a greater interest in our Persons and Estates then we our selves or the King and if we refuse to ayd the republike of which we are members in times of common danger with our Persons Abilities Goods or assist the common enemy with either of them we thereby betray our trust and fidelitie violate our Covenants to the Republike and expose our bodies to restraint our estates to consiscation for this most unnaturall treachery and sordid nigguardlinesse as well as for Treason Fellony or other more petty injuries against the State or humane societie made capitall by the Laws most justly for the publike service of the State which hath a generall Soveraign Interest in them in all times of need paramount our private Rights which must alwayes submit to the publike and lose all our formerly enjoyed Priviledges either of Laws Liberties or free-born Subjects if we refuse to defend or endeavour to betray them as the Laws and common practise of all Nations evidence In the Barons warres against King John Henry the third and Edward the second in defence of their Liberties and Laws they seised upon the Castles Forts and Revenues of the Crown and upon the Moneyes and Goods of the Priors aliens and malignant Poictovines which they imployed in the Kingdoms service Eodem tempore Castellanus de Dovera Richardus de Gray vir fidelis strenuus qui ex parte Baronum ibidem constituebatur omnes transeuntes transituros diligenter considerabat cuncta prudâ—nter perscrutando invenit NON MODICUM THESAURUM paratum dictis Pictaviensibus clanculo deferendum qui TOTUS CAPTUS EST IN CASTRO RESERUANDUS Similiter Londini apud novum Templum THESAURUS MAXIMUS de cujus quantitate audientes mirabantur quem reposureunt Pictavienses memorati licet contradicentes reniterenter Hospitelarii CAPTUS est AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS writes Rishanger the continuer of Matthew Paris a good President for the present times After which the Barons banished all the Poictovine Malignants who miscounselled and adhered to the King out of England Anno 1260 who Anno 1261. were all baâ—ished out of London and other Cities and Forts An. 1234. The Earl Marshall having routed John of Monmouth his forces which assisted King Henry the third against the Barons in Wales he wasted all the said Johns Villages and Edifices and all things that were his with sword and fire and so of a rich man made him poor and indigent In the very Christmas holy-dayes there was a grievous warre kindled against the King and his evill Counsellors For Richard Suard conjoyning other Exiles to him entred the Lands of Richard Earl of Cornwall the Kings brother lying not farre from Behull and burned them together with the Houses and the Corne the Oxen in the Ox-stalls the Horses in the Stables the Sheep in the Sheep-cots they likewise burned Segrave the native soyl of Stephen Justiciar of England with very sumptuous Houses Oxen and Corne and likewise brought away many horses of great price returning thence with spoils and other things They likewise burned down a certain village of the Bishop of Winchesters not farre from thence and took away the spoils with other things there found But the foresaid Warriers had constituted this laudable generall rule among themselves that they would do no harme to any one nor hurt any one BUT THE WICKED COUNSELLERS OF THE KING by whom they were banished and those things that were theirs they burnt with fire extirpating their Woods Orchards and such like by the very Roots This they did then de facto de Jure I dare not approve it though in Cases of Attaint and Felony the very Common Law to terrifie others gives sentence against perjured Juries Traytors and Felons in some Cases that their houses shall be raced to the ground their Woods Parkes Orchards Ponds cut down and destroyed their Meadowes and Pastures plowed up and defaced though not so great Enemies to the State as evill Counsellors Anno 1264. the forty eight yeers of Henry the third his raign The King keeping his Christmas with the Queen Richard King of Romans and many others at London Simon Montford the Captain of the Barons at the same time preyed upon the Goods of these who adheared to the King and especially those of the Queens retinue brought by her into England whom they called Aliens Among others some of the Barons forces took Peter a Burgundian Bishop of Hereford in his Cathedrall Church and led him prisoner to the Castle of Ordeley and divided his treasure between themselves and took divers others of the Kings partie prisoners Who thereupon fearing least he should be besieged in the Tower by the Barons army by
great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicegerent was by the advice of the major part of the Lords for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects To the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friends and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgaine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pressing the people with quotidian taxes and tallages and the spirituall men with dismes and other exactions he was at length discharged of that dignitie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke or Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lewes the eleventh 〈◊〉 Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as
and terms of the Oath And not being able to agree of themselves both parties submitted to the judgement of king Philip Augustus and of his Court of Parliament furnished with Peeres So that by order given at Melum in Iuly 1204. the form of the said Oath was prescribed and registred in the Parliament Register at request of the said parties and sent unto Otho to render it to the said Pope Innocent who sent this assurance and Certificate to the said Parliament for Registring it being performed Innocentius Episcopus servus servorum Dei charissimo filio nostro Philippo Francorum Regi charissimo salutem Apostolicam benedictionem absque dubitatione noveritis quod secundum formam a vobis Curiae Regni vestri paribus praescriptam habetur apud nos jusjurandum charissimi Filii nostri Othonis Romanorum Regis illustris aurea Bulla munitum nobis Ecclesiae praestitum Ego Otho Romanorum Rex semper Augustus tibi Domino meo Innocentio Papae Ecclesiae Romanae spondeo polliceor juro quod omnes possessiones honores jura Romanae Ecclesiae proposse meo bona fide protegam ipsam ad eas retinendas bona fide juvabo Quas autem nondum recuperavit adjutor ero ad recuperandum recuperatarum secundum posse meum ero fine fraude defensor quaecunque and manus meas devenient sine difficultate restituere procurabo Ad hanc autem pertinent tota terra quae est de Radicafano usque ad Ceperanum Exarcatus Ravennae Pentapolis Marchiae Ducatus Spoletanus terra Conitissae Mathildis Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI Has omnes pro posse meo restituam quietè dimittam cum omne jurisdictione districtu honore suo Veruntamen cum adrecipiendam Coronam Imperij vel pro necessitatibus Ecclesiae Romanae ab Apostolica sede vocatus accessero demandato summi Pontificis ab illis terris praestationes accipiam Praetereâ— adjutor ero ad retinendum defendendum Ecclesiae Romanae REGMVM SICILIAE Tibi etiam Domino meo Innocentio Papae Successoribus tuis omnem obedientiam honorificentiam exhibeo quam devoti Catholiâ—â— Imperatores consueverunt Sedi Apostolicae exhibere Stabo etiam ad consilium arbitrium tuum de bonis consuetudinibus populo Romano servandis exhibendis de negotio Tusciae Lombardiae Et si propter negotium meum Romanam Ecclesiam oportuerit inâ—urrere guerram subeniam ei sicut necessitas postulaverit in expensis Omnia vero praedicta tam juramento quam scripto firmaho cum Imperâ—â— Coronam adeptus fuero Actum Aquis-Grant Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto mense Marcij Regni nostri septimo William Rishanger Monk in the Abbey of Saint Albane in England continuer or the History of Matthew Parts observeth under the year 1263. that the king of England Henry the third and the Barons of England who made warreupon him committed their whole difference and quarrell to be judged by the Parliament of France Vt pax reformaretur inter Regem Angliae Barones ventum est adistud ut Rex proceres se submitterent ordinationi Parliamenti Regis Francâ—ae in the time of Saint Lewis in praemissis provisionibus Oxoniae Nec non pro depraedationibus damnis utrobique illatis Igitur in crastino S. Vincentij congregato Ambianis populo pene innumerabili Rex Franciae Ludovicus coram Episcopis Comitibus alijsque Francorum proceribus solemniter dixit sententiam pro Rege Angliae contra Barones statutis Oxoniae provisionibus ordinationibus ac obligationibus penitus annullatis Hoc excepto quod antiquae Chartae Joannis Regis Angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare In this Parliament at Amiens were present the King of England Henry the third Queen Elenor his wife Boniface Archbishop of Canterbury Peter Bishop of Hereford and Iohn Maunsell and on the Barons of Englands side a very great number of choice elected Lords who the same year repasted back into England after the Parliament as the same Monk speaketh Thus Favino in the behalfe of the French Parliaments concerning whose power and priviledges you may read much more in him and others But to returne to the former History The Queen Mother was much discontented with this Remonstrance of the Parliament pretending that they had an intent to call her Regency in question which all had commended that they could not speak of the Government of the affaires of the Realm without touching her c. Whereupon she commanded the Chancellour to give them this answer in the kings name That France was a Monarchy wherein the king alone commanded helding his Realm Soveraignly from God That he had Lawes and Ordinances by which to governe them for the which he was not to give an account to any man That it did not belong unto the Parliament to controll his Government That they neither could nor ought to complain of the Queens Regenâ—â— which had been so happy That the Queen was not to give an account of her Regency but to God onely That no man could prescribe unto the King what Councellers he should entertain c. with many other such bigge words After which there was a Decree made in the Councell of State against the Decree and Remonstrance in Parliament disanulling and revoking them as void and forbidding the Parliament hereafter to meddle with affairs of State The Court of Parliament in generall complained much of this Decree the kings learned Councell refuse to carry or cause it to be read in Parliament because it would cause an alteration of the good affections and devotions of the Kings good subjects and the dis-union of the greatest companies of the Realme who administer justice which makes kings to Reigne After which this controversie was compremised and the Decree of the Councell against the Parliament suspended and not enrolled Soon after the prince of Conde with divers others seeing all things disordered at Court and little or no reformation of their former grievances desert Paris expressesse their grievances in sundry letters and Articles of complaint wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three Estates of the Decree and proceedings against the Iurisdiction Remonstrance and proceedings of the Parliament of Paris Of suffering some Councellors of State to usurpe all the power of the Kingdom to pervert the Lawes and change all things as they list with sundry other particulars In these they intreat and exhort all men of what condition or quality soever that call themselves Frenchmen to assist and ayde them in SO IVST A CAVSE conjuring all Princes and forraign Estates to do the like and not to suffer such good and loyall subjects to
people that partly out of revenge partly to prevent further oppressions and to provide for their owne securitie corrupting his servants with money they sent their agents into his chamber in the night and slew him Not to mention the murther of King Duncan by Machbed who usurped his Crowne through his pusillanimity this Machbed omitting no kind of libidinousnesse cruelty and tyrannizing over the people for 18 yeares space together trusting to the predictions of certaine wisards that he should neven be overcome till Bernane wood did come to Dunsinane Castle and that he should never be slaine by any man borne of a woman At last Mackduffe governour of Fiffe joyning himselfe to some few patriots who had escaped this Tyrants sword met at Bernane wood and early in the morning every man bearing a bough in his hand the better to keepe them from discovery tooke Dunsinane Castle by scalado whence Machbed escaping was pursued overtaken and urged to fight bp Mackduffe to whom the Tyrant replyed in scorne that in vaine hee attempted his death for it was his destinie never to be slaine by any man borne of a woman Now then said Mackduffe is thy fatall houre come for I never was borne of a woman but violently cut out of my mothers wombe she dying before I was borne which words so daunted the Tyrant though otherwise valiant that he was easily slaine and Malcolme Conmer the true heire of the Crowne seated in the Throne King Donald being odious and cruell to his subjects they sent for Duncan Malcombes bastard who expelled him the Realme and was created King in his steed who proving harsh cruell and Imperious to his Subjects fell into their hatred and was beheaded in the night by Marpender Earle of Murry corrupted with money by Donald to murther him Donald permitting the Isles to be taken and possessed by Magnus King of Norway and suffering his Realme to be wasted by a secret agreement thereupon the Scots sent for Edgar Malcombes sonne to take possession of the Crowne who entring into Scotland with small forces Donald being deserted by his people betooke himselfe to flight but being apprehended and brought backe to Edgar he was cast into prison and not long after dyed King Malcolme the fourth at a Parliament at Yorke parting with divers of his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred that upon his returne they beseiged him at Barwick and almost tooke him prisoner but by the mediation of some of his Councell who informed the Nobles that the King was by violence fraud circumvented by the King of England of the ancient patrimony of the Crowne land they resolved to recover it by war the Scottish Nobility affirming that the king had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament This King after some encounters making a peace with the English upon unequall termes wherein he parted with some of his ancient territories out of his pusilanimity against his Nobles consent hereupon he grew so odious and contemptible to them that they were all weary of his government and caused many to take up Armes and Rebell against him After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King and the government of the Realme during the Inter-regnum where first of all they appointed fix men to rule the Realme for the present and then heard and discussed the severall Titles pretended to the Crowne the finall determination whereof they referred to King Edward the first of England as to the Supreame Soveraigne Lord of the Realme who selecting 12. Scottish and 12. English Councellors to assist him After full hearing by generall consent of all adjudged the Crown to Iohn Baylioll husband to King Alexanders nightest Kinswoman The Scots considering his simplicity and unaptnes to governe them and scarce confiding in him being an Englishman and elected by the K. of England cōstituted them 12. Peers after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose advise the King and all the affaires of the Realme were to be governed and directed He was taken and kept prisoner by the English After the death of Robert Bruce the Scots before their King was crowned created a Vice-Roy to govern the Realme who suppressed the theeues and Robbers Edward Bayliol sonne to Iohn Bayliol succeding Bruce was afterwards rejected and deposed by the Scots for adhereing too closely to the English K. Edward and David Bruce elected K. in his place Robert the 2 d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented thereunto but his Nobles being against it his assent alone was in vaine because the King of Scotland alone can make no firme peace nor truce nor promise which shall bind but by publike consent in Parliament King Robert the 3 d. dying of griefe for the captivity and imprisonment of his Son Iames taken prisoner by our King Henry the 4 th as he was going into France the Scots hereupon appointed Robert his uncle by common consent for their Vice-roy till Iames the first of that name right heire of the Cowne were enlarged Iames being freed and Crowned summoned a Parliament wherein an ayde was granted him to pay his ransome with much difficulty he had many Civill wars with his Subjects and at last was murthered by Robert Grame and his confederats from whom he received 28. wounds in his Chamber in the night wherof he presently died Iames the 2. his son being but 7. yeares old at his death Alexander Leviston was chosen Protector and William Crichton made Chancellor by Parliament Which the Earle Douglas storming at committed many insolencies in a hostile manner After which Alexander and his faction opposing the Chancellor and commanding that none should obey him the Chancellor thereupon fortified Edenborough Castle and as the King was hunting early in the morning seized upon him with a troop of Horse brought him to Edinburgh Castle where he detained him from the Protector till the peace of the Kingdom and present divisions should be setled which lasting very long by reason of Earle Douglas his ambition power and covetousnes who raised many grievous civill wars he was at last stabbed to death by the King himselfe Anno 1452. contrary to his promise of safe conduct to the Court under the Kings and Nobles hands and seales Wherupon his brethren and Confederats meeting at Sterling resolved to revenge his death and tied the Kings and Nobles writing of safe conduct to an horses taile which they led through the streets of Sterling railing at the King and his Councell as they went and when they came into the market place where they had 500. trumpets sounding they by an Herald proclaimed the King and all that were with him fedifragus perjured and enemis of all good
he had suffered the Royall Rights especially the Dukedome of Millain to be taken from him In the Polish kingdom there is an ancient Law of not alienating the Lands of the Kingdom of Poland renewed An. M.CCCLXV by king Lewes There is the same Law in the Realm of Hungary where we reade that Andrew king of Poland about the year M. CCXXI was accused before Pope Honorius the third that neglecting his Oath he had alienated the Crown Lands The like in England in the Law of K. Edward An. M.CCXCVIII Likewise in Spain by the Constitution made under Alphonso renewed again MDLX in the Assembly at Toledo which Lawes verily were enacted when as custome for a long time before had obtained the force of a Law But verily in the kingdome of France wherein as in the pattern of the rest I shall longer insist this Law was ever sacrosanct It is the most ancientest Law of the Realme I say the Law born with the Kingdom it self Of not alienating the Crown or demesne Lands renewed in the year M D 66. although it be ill observed Two cases onely are excepted Panage or Apennage aliments to be exhibited to his children or brethren yet so as the clintelary right be alwayes retained again if warlike necessitie require it yet with a pact of reddition Yet in the interim both of them were heretofore reputed void unlesse the Assembly of the three Estates had commanded it but at this day since a standing Parliament was erected it is likewise void unlesse the Parliament of Paris which is the Senate of Peers and the Chamber of publike accounts shall approve it and the Presidents of the Eschequer also by the Edict of Charles the 6 and 9. And this is so farre forth true that if the ancient Kings of France would endow any Church although that cause then seemed most favourable they were bound to obtain the consent of the Nobles as king Childebert may be for an example who without the consent of the French and Normans durst not endow the Monastery of S. Vincents in Paris as neither Clodoveus the second and the rest Moreover they cannot release the Royalties or the right of nominating Prelates to any Church but if any have done it as Lewes the eleventh in favour of the Church of Sennes and Philip the fourth of Augiers Philip Augustus of Naverne the Parliament hath pronounced it void The king of France when he is to be Crowned at Rheimes sweares to this law which if he shall violate it avails as much as if he contracted concerning the Turkish or Persian Empire Hence the Constitutions or as they callit the Statutes of Philip the sixt John the 2 d Charles the fift sixt eight of resuming those things which were alienated by their Ancestors of which resumptions there are many instances cited by Hugo Grotius de Jure Belli Pacis l. 2. c. 14. n. 12. 13. Adnotata Ibid. Hence in the Assembly of the three Estates at Towres An. 1323. 1360. 1374. 1401. 1483. in which Charles the eight was present many Towns of the alienation of Lewes the eleventh his Father which he had by his own Authoritie given to Tancred Castellan who demerited well of him were taken from his Heirs which even in the last assembly of the three Estates held at Orange was again decreed Thus concerning publike Lands But that it may the more evidently appeare that the kingdome is preferred before the king that he cannot by his private Authoritie diminish the Majestie which he hath received from the people nor exempt any one from his Empire nor grant the right of the Soveraign Dominion in any part of the Realm Charles the great once endeavoured to subject the Realm of France to the German Empire but the French vehemently withstood it a certain Vascon Prince making the Oration The matter had proceeded to Arms if Charles had proceeded further Likewise when some part of the Realm of France was delivered to the English the supreme right was almost perpetually excepted but if Force extorted it at any time as in the Brittish League wherein king Iohn released his Soveraign Right in Gascoigne and Poytiers the king neither kept his Contract neither could or ought he more to keep it then a Captain Tutor or Guardian as then he was who that he might redeem himselfe would oblige the goods of his Pupils By the same Law the Parliament of Paris rescinded the agreement of the Flusheners wherein Charles of Burgundy extorted Ambian and the neighbour Cities from the king and in our time the agreement of of Madrit between Francis the first a Captive and Charles the fift the Emperour concerning the Dukedome of Burgundy was held void and the Donation of Charles the sixt of the kingdom of France by reason of death conferred on Henry king of England may be one apt argument of his extreme madnesse if others be wanting But that I may omit other things which might be said to this purpose by what right at last can a king give or sell his kingdom or any part thereof seeing they consist in the people not in the walls now there is no sale of free men when as Land-Lords cannot so much as constrain their free Tenants that they should settle their Houshold in any other place then where they please especially seeing they are not servants but Brethren neither onely are all kings Brethren but even all within the Royall Dominion ought to be so called But whether if the king be not the proprietorie of the Realme may he not at least be called the usufructuary or receiver of the profits of the Crown Lands Truely not so much as an usufructuary A usufructuary can Pawn his lands but we have proved that kings cānot morgage the Patrimony of the Crown A fructuary can dispose or give the profits at his pleasure contrarily the great gifts of the king are judged void His unnecessary expences are rescinded his superfluous cut off what ever he shall convert into any other but the Publike use he is thought to have violently usurped Neither verily is he lesse obliged by the Cincian Law then any private Citizen among the Romanes especially in France where no gifts are of force without the consent of the Auditors of the Accounts Hence the ordinary Annotations of the Chamber under prodigall kings This Donation is too great and therefore let it be revoked Now this Chamber solemnly swears that whatsoever rescript they shall at any time receive from the king that they will admit nothing which may be hurtfull to the kingdom and Commonweale Finally the Law cares not how a Fructuary useth and enjoyeth his profits contrarily the Law prescribes the king in what manner and unto what use he ought to put them Therefore the ancient kings of France were bound to divide the Rents into four parts one part was spent in sustaining the Ministers of the Church and the poor another upon
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 if we beleeve Mr. Selden The first annoynted King in France was Pipin about the yeare 750. the annoynting of their Clovis the first about the 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 Viol 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 this 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 Judah 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 possession 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 should dare from thenceforth to lay hands on the Lords annoynted For till that time none in that Nation hath ever beene consecrated King after an Ecclesiasticall manner but whosoever had Tyrannically slaine a King put on the person and power of a King thereby and left the same likewise after a little fortune to his murtherer by a law of inveterate custome which verily out of a certaine Christian simplicity was thought by many to have beene therefore so frequently done because none of the former Kings had deserved to be initiated with the solemnitie of a Royall Vnction Therefore Haco being slaine who had succeeded King Jnge slaine by him when the succession of the Crowne seemed to belong to one Magnus a child Nephew to Jnge the Wisemen and Nobles of the Realme by a common Decree caused the said child to be solemnly consecrated to be the Lords annoynted and crowned with a Diadem By which deed they thought that they had a Prince made sacred to them and that the disgrace of the ancient custome was thereby abolished But when Magnus had reigned some few yeares in great prowesse and happinesse a most infamous Priest Suerus surnamed Birkebain usurped a Tyranny twice defeated Magnus by warlike stratagems and at last utterly routed and slew him in battell notwithstanding his annoynting and usurping the Crowne renounced his holy orders married a wife and would have beene crowned by the Archbishop of that Land but he being a great man would neither be moved with prayers nor threats to annoynt an exectable head with sacred Vnction for which he was banished the Countrey at last after two great victories against two competitors who were slaine Suerus obtained the Royall Crowne with mysticall Vnction by the hands of a certaine Bishop compelled thereunto under paine of death as it were secure by his frequent successes from the uncertaine end of a long prospering tyranny c. By which History it is evident that it is but a childish simplicity to beleeve that the ceremony of annoynting Kings can of it selfe make Kings persons sacro-sanct or preserve them from violence or assassinations since it no way prevented this mischiefe in this Realme nor yet in any other the very first King for whose personall safety this ceremony of annoynting and crowning was introduced among the Norwegians and Danes being not long after slaine by his Subjects and competitor in battell I shall close up this with the notable sentence of deprivation solemnly given and executed against Wenceslaus the Emperour notwithstanding his annoynting The sentence of Degradation and Deprivation of the Emperour Wenceslaus King of Romans pronounced by the Electors of the Empire in the yeare of our Lord. 1400. IN the name of God Amen We John by the grace of God Archbishop of the Church of Mentz Arch-chancellor of the sacred Roman Empire throughout Germany make knowne to all men present and to come What various manifold and grievous as well incommodities as discords have for many yeares since beene brought into the holy Church continuing even to this present and daily sprouting up more abundantly to the most grievous convulsion imminution and dissipation of the sacred Roman Empire which ought to be a Garrison to the Church of God and the Christian world as they cannot be all written so the mischiefes daily increasing do manifestly enough
well of the Church as Common-wealth of Realme may be restrained expelled and punished by the people Both these we have already proved by reasons But because such is the fraud of Tyrants or such the simplicity of subjects for the most part that they are scarce known before that they have spoyled or these scarce thinke of their safety till they have almost perished and are reduced into those straits out of which they cannot get out with their owne forces so as they are compelled to implore the aide of other it is questioned Whether they defending the cause of Religion or of the Common-wealth of the Kingdome of Christ or of their owne Kingdome other Christian Princes may lawfully assist them And truly many whiles they have hoped to increase their wealth by ayding the afflicted have presently judged it to be lawfull For thus the Romans Alexander the great and many others under pretext of suppressing Tyrants have frequently enlarged their Dominions and not long since we have seen Henry the second King of France to have made warre with the Emperour Charles the fifth and that under pretext of succouring and defending the Princes of the Empire and of the Protestants too as also Henry the eighth King of England was ready to aide the Protestants in Germany to make worke for Charles the fifth But if any danger may be feared from thence or little gaine may be expected then verily they must heare most Princes disputing whether it be lawfull or no And as those under a pretext of piety did cover either ambition or gaine so these pretend justice for their sloathfulnesse when as verily neither did piety exhort them which seekes onely the good of others nor yet justice ought to dehort these which looks wholly abroad and is as it were cast out of its owne doores Therefore discharging both these let us see first in the cause of Religion what true piety and what true justice may perswade First let it be agreed that there is but one Church whose head is Christ and whose members so cohere and agree among themselves that none of them even the smallest can suffer violence or hurt but the rest are hurt and suffer griefe as the whole Scripture teacheth Therefore the Church is compared to a body Now the body is oft-times affected not onely with the hurt of the arme or legge but even of the very the least finger or perisheth with its wound Therefore in vaine may any one boast that he is cordially affected with the safety of the body who when he may defend the whole yet suffers it to be torne and mangled limb after limb It is compared to a building Now where mines are made against any part of the building the whole building oft-times fals downe to the ground and the flame which invades any part thereof endangers the whole Therefore he should be ridiculous who because he dwels in the cellar perchance should delay to drive the flame from the top of the house He should be scarce in his wits who would not prevent mines with countermines because they are made against this wall not against that It is also compared to a Ship Now the whole Ship is endangered together the whole perisheth together Therefore those are equally safe who are in the fore part as those who are in the puppe those who are in keel as safe as those in the shrouds if the storme rage when verily even in the common proveb those who are conversant in the same danger are said to be in the same Ship These things laid downe verily he who is not moved with its griefe burning tossing is not of that body is not accounted of the family of Christ hath no place in the Arke Yet he who is but a little moved ought no more to doubt whether he ought to aide the afflicted members of the Church then whether he may helpe himselfe since in the Church all are one but rather every one is bound in his place to afford his helpe and assistance to them and so much the more helpe by how much the more riches he hath received from God not so much to be possessed as expended This Church as it is but one so likewise it is universally and intirely committed commended to all Christian Princes severally For because it had beene dangerous to commit the whole Church to any one and to commit the severall parts thereof to particular persons had beene clearely contrary to its unity God hath committed all of it to every of them and its particular parts to any of them Nor yet so as that they should onely defend it but also that they should have a care to propagate it as much as they are able Therefore if the Prince of the Countrey takes care of one part thereof perchance the German or English but yet deserts and neglects the other oppressed part if he be able to relieve it he is judged to have deserted the Church since the spouse of Christ verily is but one which he ought to defend and protect with all his might lest it should be violated or corrupted any where The instauration of this universall Church as private men are bound to promote with bended knees so Magistrates I say are obliged to doe it with their feet hands and all their strength Neither is the Ephesian Church one the Colossian another and the rest but all these particular Churches are parts of the universall now the universall is the Kingdome of Christ which all private men ought to desire but Kings Princes Magistrates are bound to amplifie dilate defend and propagate every where and against all whomsoever Therefore among the Jewes there was one onely Temple built by Solomon which represented the unity of the Church Now he should be a ridiculous Churchwarden and to be punished who should take care onely to preserve one part safe and sound but suffer the rest to fall to decay likewise all Christian Kings when they are inaugurated receive a sword of purpose to defend the Catholike or universall Church which taking into their hand they point out all the quarters of the world and brandish it towards the East West South and North lest any part thereof should be thought excepted Since then they receive the protection of the Church in this manner without doubt they understand the true not false Church Therefore they ought to doe their endeavour to defend and to restore intirely that Church which they professe to be true and pure Now that thus it was observed by pious Princes examples may teach us In the time of Hezekiah King of Judah the Kingdome of Israel was long before enthralled to the King of Assyria to wit from the time of King Hoshea therefore if that Church of God onely which is in the Kingdome of Judah and not also the universall had beene committed to Hezekiah and if the bounds of the Realmes had been to be kept in defending the Church in the same manner as they are in
the Parliament of 5. Henry 4. Num. 16. Upon certain prayers and requests made before by the Commons divers times touching the removing of divers persons as well aliens and others by reason of divers destructions by them moved and for certaine Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament and by the said Lords it was specially accorded That four persons to wit the Kings Confessor the Abbot of Dâ—ne Master Richard Derham and Crosseby of the Chamber shall be quite ousted and voided out of the Kings house whereupon the ninth of February the said Confessor Master Richard and Crosseby came before the King and Lords in Parliament and there the King in excusing the said four persons said openly that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold notwithstanding our said Lord the King well considered that what the said Lords and Commons shhall do or ordaine was for the good of him and of his Realme and therefore he would conforme himselfe to their intentions and did well agree to the said Ordinance which charged the said Confessor Master Richard and Crosseby to avoid his said Court and like charge should have beene given to the said Abbot had he been present And our Lord the King said further That he would doe the like with any other which was about his royall Person if he was in hatred or indignation with his people And Numb 37. To the end that good and just government and remedy may bee made of divers complaints grievances and mischiefs shewed to our Lord the King in this Parliament our Lord the King to the honour of God and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm for the ease and comfort of all his Realme hath ordained certain Lords and others underwritten to be of his great and continuall Councell to wit the Archbishop of Canterbury the Bishop of Lincolne Chancellour of England the Bishops of Rochester Winchester Bath and Bangor the Duke of Yorke the Earles of Som merset and Westmerland the Lord Roos Treasurer of England the Keeper of the Great Seale the Lord Berkley the Lord Willoughby the Lord Furnevall the Lord Lovell Mounsier Pierce Courtney Master Hugh Waterton Master Iohn Cheyne Master Arnald Savage Iohn Northbury Iohn Doreward Iohn Cawson In the Parliament of 7. 8. Henry 4. Numb 31. The 22. day of May the Commons came before the King and his Lords in Parliament and then Iohn Tibetot their Speaker reheased how they had prayed the King in the beginning of the Parliament and after to increase the number of his Councell for the better government of the Realme and prayed the King to put it in execution and further rehearsed how that the Archbishop of Canterbury had reported to them That the King would be counselled by the most sage Lords of the Realme the which ought to have the survey of all that which shall be done for the good government of this Realme which thing the King agreed to doe and rehearsed with his own mouth That it was his entire will And thereupon a Bill made by the King himselfe by his own will was delivered containing the names of the Lords which shall be of his Councell the tenour of which Bill ensueth It is to bee remembred that our Lord the King considering the great labours occupations and diligence which he ought necessarily to imploy about the good government of his Realme and other his possessions as well on this side the Sea as beyond it First of all for the preservation of our Lord the King and of his Crowne and that the revenues of the same may be the better collected to his profit and increase as much as a man may justly doe to the end that he may the better sustaine his honourable estate And secondly for the confirmation of the Lawes and Statutes of the Realme to the end that equall right may be done to every one as well poor as rich Our Lord the King of his proper and good will desirous to be supported in the foresaid causes because that he cannot attend thereunto in proper person so much as he would for the great love and good affiance which he hath among others in the most revered Fathers in God the Archbishop of Canterbury the Bishops of Winchester and Excester the Duke of Yorke the Earle of Somerset the Lord Roos the Lord Burnet the Lord Lovell the Lord Willoughbie the Chancellour Treasurer and Keeper of the privie Seale the Steward and Chamberlaine Master Hugh Waterton Master Iohn Cheyney and Master Arnald Savage hath chosen and charged them to be of his counsell praying and commanding them that in all the foresaid causes they will put to their intire diligences for the profit of our said Lord the King and likewise for the confirmation of the Laws and Statutes aforesaid In the Parliament of 2. Henry 6. num 15. After divers speciall requests of the Commons of the Realme being in the present Parliament made to my Lord of Glocester Commissary of the King and to other Lords Spirituall and Temporall there for to have notice and conusance of the persons assigned and elected to be of the Kings Councell to their great ease and consolation By advice and assent of all the Lords Spirituall and Temporall aforesaid were elected and named certaine persons as well spirituall and temporall to be Councellours assistant to the governance of the Realm whose names here ensue The Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worcester the Chancellour Treasurer and Keeper of the privie Seale the Duke of Excester the Earle of March the Earle of Warwick the Earle Marshall the Earle of Northumberland the Earle of Westmerland the Lord Cromwell the Lord Fitz-Hugh the Lord Bourchier the Lord Scroop Master Walter Hungerford Master John Tiptoff Thomas Chaucer William Allington In the Parliament of 29. Henry 6. num 16. Vpon the Petition of the Commons against divers Lords Bishops Knights Esquires and others to the number of 29. who mis-behaved themselves about the royall Person of the King and in other places by whose only meanes it was suggested the Kings possessions had been greatly diminished his Laws not executed the peace of the Realm not observed to the great hurt and trouble of the liege people of the Realm and likely subversion of the same of which misbehaviour universall noise and clamour was openly received thorowout all the Realme upon the same persons specified in the Petition all of them except the Lords and some few others without further evidence against them were by the King now removed from his presence and Court for a whole yeeres space within which time any man that could and would object against any of them should be patiently heard and intended to These few fresh Presidents added to the precedent
put him under good and convenient guiding and of assent they chose Eudo a man of great fame and worth to be King of the Land for the terme of his life and to guide the Land till Charles should come to his lawfull age whom they put under Eudo his tuition making him King in his stead who was crowned of Walter then Archbishop of Senys After which when Eudo knew he should dye he called before him the Lords and Nobles of France charging them by solemne Oath that after his death they should immediately crowne Charles for their King whom he had brought up with diligence in learning and all Princely vertues being then of age to governe Charles comming to the Crowne the Danes miserably walled his Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and went to the King shewing their misery and blaming his fearfulnesse and negligence that he no more for him resisted the Danes cruelty Whereupon he out of feare belike lest they should chuse another King to protect them compounded with Rollo chiefe Commander of the Danes giving him all Normandy 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 Laon 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 govern 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 Feaâ—â—r Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxe Charles the fifth of France having a purpose to drive all the English cut 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 Whereas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Councell then they contemne and set them at naught or else fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and seditious 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 Maie leaving his Wife great with Childe Philip Earle ofValoyes 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
men and then spoiled and burned the Towne Coâ—ntry with all places else that were firme to the King betweene whom and the kings party a bloody civill warre to the spoyle of the Countrey continued above two yeares space with various successe till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon whose sonne James the 3. being but 7. yeeres old was proclaimed king in the Campe and the Queen Mother made Regent till a Parliament might be called to settle the government but when the Parliament assembled upon the Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government they Elected 6. Regents to governe the King and Realme during his minority After which Bodius was made Vice-roy This king being seduced by ill Courtiers and Councellors which corrupted him thereupon divers of the Nobles assembling together resolved to goe to the Court to demand these ill Councellors and seducers of the King and then to execute them which they did accordingly and that with such fury that when they wanted cords to hang some of them they made use of their horses bridles and every one strave who should be forwardest to doe this execution The king promising reformation was dismissed but in steed of reforming he meditated nothing but revenge blood and slaughter in his minde and plotting secretly to murther the Nobles in Edenburg by the helpe of Earle Duglasse he detesting the fact and revealing the Treachery thereupon the Nobles who formerly desired onely his reformation tooke up Armes to destroy him as one incorrigible and implacable whereupon they made the Kings sonne Vice-roy and knowing the kings perfidiousnesse would yeeld to no termes of peace unlesse he would resigne up his Crown to his son which he refusing thereupon they gave him battle and slew him as a common enemie After which calling a Parliament they created his son Iames the fourth king who comming under the power of the Duglasses rescued himselfe at last from them and invading England Anno. 1542 when he proclaimed Oliver Sincleer his favorite Generall the Scottish Nobility tooke it in such indignation that they threw downe their weapons and suffered themselves to be taken prisoners whereupon the king growing sicke with griefe and anger soone after 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 contented 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 proclaimes him king Iuly 29. 1564. which done she excluded the Nobility from her Councells and was wholly advised by David Ritzius a Subaudian 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 besieged the Queen till she rendred her selfe prisoner upon this condition that she should adjure 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 Hamiltons 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 Leseux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Northfolke 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 solemnly 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 the 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
and to such forraign examples of this nature cited in the Appendix will abundantly cleare the Parliaments right and Kingdoms interest in nominating placing and displacing the great Officers of the Kingdom and in regulating the Kings own meniall servants in some cases when they either corrupt or mis-counsell him And thus much touching the unhappy differences between the King and Parliament concerning matters of his own royall Prerogative The Parliaments Right and Iurisdiction to impose Taxes and Contributions on the Subjects for the necessary defence of the Realm Laws Liberties without the King in case of the Kings wilfull absence from and taking up Arms against the Parliament and Kingdom briefly vindicated from the calumnies against it THe severall grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crowne being fully examined and refuted in the Premises so far I hope as to satisfie all ingenuous men in point of Divinity Policy Law Reason Conscience I shall next proceed to the remaining materiall Accusations which concerne the Subjects onely in regard of Property and Liberty wherein I will contract my Discourse into a narrow compasse partly because the debate of the fore-going Differences between the Kings Prerogative and the Parliaments Soveraigne Jurisdiction hath in some sort over-ruled the Controversies betwixt the Subjects and both Houses representing them party because these accusations are not so universally insisted on as the former which concerne the King the justnesse of them being generally acknowledged willingly submitted to by most except such who calumniate and traduce them either out of covetousnesse onely to save their Purses or from a groundlesse Malignity against the Parliament or out of a consciousnesse of their owne Delinquencies subjecting them to the Parliaments impartiall Justice or out of some particular interests which concern them in their gains honours preferments or such who by their restraints for not paying Parliamentary Assessements hope to save their purses for the present or to gaine favour and preferment by it for the future If these private sinister ends were once laid by this second sort of accusations would speedily vanish especially with men of publike spirits who prefer the Common-weale before their owne particular interests The first of these Cavillatory Objections against the Parliaments proceedings is That both Houses without the Kings Royall Assent have contrary to Magna Charta the Petition of Right the Statues De Tallagio non concedendo and other Acts by their Ordinances onely imposed late Taxes on the Subjects amounting to the twentieth part of their estates and since that monethly or weekly Assessements to maintaine a war against the King a grand incroachment on the peoples Properties contrary to all Law and justice This Objection seems very plausible and cordiall to covetous Earth-worms being politikely contrived to Court the close-handed niggardly party by those who are guiltiest in themselves of that they thus object against others But it will easily receive an answer as to the Parliament and recoyle with infinite disadvantage on those that make it First then I answer That the Parliament is the absolute Soveraigne power within the Realme not subject to or obliged by the letter or intendment of any Laws being in truth the sole Law-maker and having an absolute Soveraignty over the Laws themselves yea over Magna Charta and all other objected Acts to repeale alter determine and suspend them when there is cause as is undeniable by its altering the very common Law in many cases by repealing changing many old Statute Lawes and enacting new ones every Sessions as there is occasion for the publike safety and defence This the practice of all Parliaments in all ages yea the constant course of all Parliaments and Assemblies of the Estates in all forraigne Kingdoms too abundantly manifests The Parliament therefore never intended by all or any of these objected Acts to binde its owne hands but onely the Kings and his Ministers with inferiour Courts of Justice neither is the Parliament within the letter words or meaning of them therefore not obliged by them 2. The King with his Officers Judges and inferiour Courts of Justice only are included and the Parliament is directly excluded out of the very letter and meaning of all these Acts as is apparent First in generall from the occasion of enacting all these Laws which was not any complaints made to the King of any illegall taxes imprisonments or proceedings of our Parliaments to the oppression of the people but onely the great complaints of the people and Parliament against the illegall taxes impositions imprisonments and oppressions of the Subject by the King his Officers Judges and inferiour Courts of Justice as all our Histories with the Prefaces and words of the Acts themselves attest to redresse which grievances alone these Lawes were made by the Parliaments and peoples earnest solicitations much against the Kings good will The Parliament then who would never solicit the making of a Law against or to restrain it selfe being cleare out of the originall ground and mischiefe of enacting these Lawes and the King with his Ministers and inferiour Courts only within them they can no way extend to the Parliament but to them alone 3. The Parliament ever since the making of these Acts hath alwayes constantly enjoyed an absolute right and power without the least dispute of granting and imposing on the Subjects whatsoever Taxes Subsidies Aids Confiscations of Goods or restraint of Liberty by temporall or perpetuall imprisonment it thought meet and necessary for the publike defence safety and tranquility of the Realm as the severall Taxes Subsidies and Poll-monies granted by them in all ages the many Statutes enjoyning confiscation of Lands Goods corporall punishments banishments temporary or perpetuall imprisonments for divers things not punishable nor criminall by the Common Law or when Magna Charta and the ancient Statutes in pursuance of it were first enacted abundantly evidence past all contradiction none of all which the King himselfe his Officers Judges or inferiour Courts of Justice can doe being restrained by the objected Acts. Therefore it is altogether irrefragable that the Parliament and Houses are neither within the words or intentions of these Acts nor any wayes limited or restrained by them but left as free in these particulars in order to the publike good and safety as if those Acts had never beene made though the King with all other Courts Officers Subjects remaine obliged by them 4. This is evident by examination of the particular Statutes objected The first and principall of all the rest is Magna Charta cap. 29. But the very words of this Law Nor We shall not passe upon him nor condemne him but by the lawfull judgement of his Peeres or by the Law of the Land We shall deny nor deferre to no man either Justice or Right compared with the Preface to and first Chapter of it Henry c. know ye
that We c. out of meere and free will have given and granted to all Archbishops Bishops Eâ—rles Barons and to all free men of this our Realm of England and by this our present Charter have confirmed FOR US AND OUR HEIRS FOR EVERMORE these liberties underwritten to have and to hold to them and their Heirs OF US AND OUR HEIRS FOR EVERMORE c. together with the whole tenour and title of this Charter and the two last Chapters of it All those customs and liberties aforesaid which we have granted to be holden within our Realme as much AS APPERTAINETH TO US AND OUR HEIRS WE SHALL OBSERVE And for this our gift and grant of those Liberties c. our Subjects have given us the fifteenth part of all their moveables And We have granted to them on the other part that NEITHER WE NOR OUR HEIRS shall procure or doe any thing whereby the Liberties in this Charter contained shall be infringed or broken We confirme and make strong all the same FOR US AND OUR HEIRS PERPETUALLY not the Parliament All these I say infallibly demonstrate that this Statute of Magna Charta did never extend unto the Parliament to restraine its hands or power but onely to the King his Heirs Officers Courts of Justice and particular subjects So that the Parliaments imprisoning of Malignants imposing Taxes for the necessary defence of the Realm and seizing mens goods or imprisoning their persons for non-payment of it is no wayes within the words or intent of Magna Charta as Royallists and Malignants ignorantly clamour but the Kings his Officers Councellours and Cavalliers proceedings of this nature are cleerly most direct violations of this Law And that which puts this past dispute are the severall Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9. 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right it self all which expresly resolve that this very objected Law of Magna Charta extends onely to the King himselfe his Privy Councell Judges Justices Officers and inferiour Courts of Justice but not unto the supream Court of Parliament which no man for ought I finde ever yet held to be absolutely obliged by it before the Kings late recesse from Parliament The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or leavied BY US AND OUR HEIRS not the Parliament in our Realme without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free men of the Land which the Statute of * 25. Edward 1. thus explains But by the common consent of the Realme The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus If it be not by common consent of the Prelatos Earles Barons and other great men and Commons of our said Realme of England AND THAT IN PARLIAMENT The Statute of 25. Edward the third cap. 8. thus If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT The Statute of 36. Edward the third cap. 11. thus That no Subsidie nor other charge be set nor granted upon the Woolls by the Merchants nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT The Statute of 45. Edward 3. cap. 4. thus It is accorded and stablished That no imposition or charge shall be put upon Woolls Woollfels or Leather othâ—r then the custome and subsidie granted to the King WITHOUT THE ASSENT OF THE PARLIAMENT and if any be it shall be repealed and holden for none And the Petition of Right 3. Caroli thus By which Statutes and other good Statutes of this Realm your Subjects have inherited this freedom that they should not be compelled to contribute any Taxe Tallage Custome Aide or other like charge not set BY COMMON CONSENT IN PARLIAMENT Now it is as evident as the noonday sunshine that these Acts onely extend to the King his Heirs Councell Officers inferiour Courts and private Subjects onely and that the Parliament is precisely excepted out of the very intent and letter of them all having free power to impose on the Subjects what Aids Taxes Tallages Customes and Subsidies they shall deem meet by the expresse provision of all these Laws concerning the granting and imposing of Subsidies Therefore by the direct resolution of these Acts the Kings his Councellors present contributions assessements and ransoms imposed on the Subjects are illegall against the letter and provision of all these Acts but the Parliaments and Houses lawfull approved and confirmed by them True will Royallists and Malignants answer who have no other evasion left but this If the King were present in Parliament and consenting to these contributions and taxes of the twentieth part there were no doubt of what you alleage but because the King is absent and not only disassents to but prohibits the payment of this or any Parliamentary Assessments by his Proclamations therefore they are illegall and against these Laws 1 To which I answer First that the King by his Oath duty the ancient custom and Law of the land ought of right to be alwayes present with his Parliament as he is now in point of Law and not to depart from it but in cases of urgent necessity with the Houses free consents and then must leave Commissoners or a Deputy to supply his absence This is not onely confessed but proved by a Booke lately printed at Oxford 1642. with the Kings approbation or permission intituled No Parliament without a King pag. 5. to 16. where by sundry presidents in all Kings Reignes it is manifested That Kings were and ought to be present in their Parliaments which I have formerly cleared If then the King contrary to these Presidents his Oath Duty the Laws and Customs of the Realme the practice of all his Progenitors the rules of nature which prohibit the head to separate it selfe from the body and will through the advice of malignant Councellours withdraw himselfe from his Parliament yea from such a Parliament as himselfe by a speciall Act hath made in some sort perpetuall at the Houses pleasure and raise an Army of Papists Delinquents Malignants and such like against it and that purposely to dissolve it contrary to this very Law of his for its continuance why this illegall tortious act of his paralleld in no age should nullifie the Parliament or any way invalid its Impositions or Proceedings for their own the Kingdoms Peoples and Religions preservation all now indangered transcends any reasonable mans capacity to apprehend 2. The right and power of granting imposing assenting unto Assessements Taxes Subsidies and such like publique charges in Parliament for the publique safety rests wholly in the Commons and Lords not King and is their owne free act alone depending no waies on the Kings assent nor necessarily requiring his personall presence in Parliament This is evident First by the expresse letter of the forecited Acts No Subsidy Tax Ayde