judicature as both King and Kingdome may confide in which will be so far from depressing that it will infinitely advance both the Kings Honour Justice profit and the Kingdomes too Seventhly It is undeniable that the Counsellours Judges and Officers of the Kingdome are as well the Kingdoms Councellours Officers and Iudges as the Kings yea more the Kingdoms than the Kings because the King is but for the Kingdoms service and benefit This is evident by the Statute of 14 E. 3. c. 5. which enacts that as well the Chancellour Treasurer Keeper of the Privie Seale the Iustices of the one Bench and of the other the Chancellour and Barons of the Exchequer as Iustices assigned and all they that doe meddle in the said places under them shall make an Oath well and lawfully to SERVE the King and HIS PEOPLE in THEIR OFFICES which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. 1 Rich. 2. c. 2. swearing and injoyning them To doe even Law and execution of right to all the Subjects rich and poore without having respect to any person c. And if any of them doe or come against any point of the great Charter or other Statutes or the Lawes of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament as well at the Kings suite as at the suite of the party Seeing then they are as well the Kingdomes Councellours Officers Iudges as the Kings and accountable responsible for their misdemeanours in their places as well to the Parliament and Kingdom as to the King great reason is there that the Parliament Kingdome especially when they see just cause should have a voice in their elections as well as the King The rather because when our Kings have been negligent in punishing evill Councellours Officers Iudges our Parliaments out of their care of the publike good have in most Kings reignes both justly questioned arraigned displaced and sometimes adjudged to death the Kings greatest Counsellours Officers and Iudges for their misdemeanours witnesse the displacing and banishing of William Longcham Bishop of Ely Lord Chauncellour chiefe Iustice and Regent of the Realme in Richard the 1. his Reigne Of Sir Thomas Wayland chiefe Iustice of the Common pleas attainted of Felony and banished for bribery by the Parliament 18 Ed. 1. the severall banishments of Piers Gaveston and the â— Spensers the Kings greatest favourites Officers Counsellors for seducing miscounselling King Edward the second oppressing the Subjects and wasting the Kings revenues the removall and condemnation of Sir William Thorpe Chiefe Iustice of the Kings Bench for Bribery 25. E. 3. The fining and displacing of Michael de 〈◊〉 Pole Lord Chauncellour Alexander Nevell and divers other great Officers and Privie Counsellours with the condemning executing and banishing of Tresilian 〈◊〉 and other Judges in 10 11 Rich 2. by Parliament for ill Councell and giving their opinions at Nottingham against Law Of Empson Dudley and that grand Cardinall Wolsey Lord Chancellour and the Kings chiefest Favourite and Counsellour in Henry the eight his Reigne Of the Duke of Sommerset Lord Protector and his Brother Lord Admirall for supposed Treasons in Edward the 6 th his Reigne Of Sir Francis Bacon Lord Keeper and Cranfield Lord Treasurer in King Iames his latter dayes with infinite other presidents of former and latter ages and one more remarkable then all the rest In the Yeare 1371. the 45. of King Edward the third his Reigne and somewhat before the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands Simon Langham Arch-bishop of Canterbury being Lord Chancellour of England Iohn Bishop of Bath Lord Treasurer William Wickam Archdeacon of Lincolne Keeper of the Privie Seale David Wolley Master of the Rolles Iohn Troy Treasurer of Ireland Robert Caldwell Clerke of the Kings Houshold William Bugbrig generall Receiver of the Dutchy of Lancaster William Ashby Chancellour of the Exchequer Iohn Newneham and William de Mulso Chamberlaines of the Exchequer and keepers of the Kings Treasury and Iewels Iohn Roxceby Clerke and Comptroller of the Kings works and Buildings Roger Barnburgh and 7 Priests more Clerkes of the Kings Chancery Richard Chesterfield the Kings under-Treasurer Thomas Brantingham Treasurer of Guives Merke and Calis All these Clergie-men who abounded with pluralities of rich Spirituall Livings though they Monopolized all these temporall Offices in the Parliament of 45 Edward the 3d. by a Petition and complaint of the Lords were displaced at once from these Offices no wayes suitable with their functions and Lay-men substituted in their places And a like president I find about 3 Hen. 3d. where the Clergy Lord Chancellour Treasurer with other Officers were removed upon a Petition against them and their Offices committed to Temporall-men whom they better beseemed If then the Parliament in all Ages hath thus displaced and Censured the greatest Councellours State-Officers Iudges for their misdemeanours ill Counsell insufficiency and unfitnesse for these places contrary to that twice condemned false opinion of the over-awed Iudges at Nottingham in 11 R 2. That the Lords and Commons might not without the Kings will impeach the Kings Officers and Iustices upon their Offences in Parliament and he that did contrary was to be punished as a Traitour and that upon this very ground that they are the Kingdoms Counsellours Officers and Iustices as well as the Kings and so responsible to the Parliament and Kingdome for their faults I see no cause why they may not by like reason and authority nominate and place better Officers Counsellours Iudges in their steeds or recommend such to the King when and where they see just cause Eightly Iohn Bodin a grand Polititian truely determines and proves at large That it is not the right of election of great Officers which declareth the right of Soveraignty because this oft is and may be in the Subjects but the Princes approbation and confirmation of them when they are chosen without which they have no power at all It can then be no usurpation at all in the Parliament upon the Kings Prerogative to nominate or elect his Councellours great Officers and Iudges or recommend meet persons to him which is all they require so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents in case he cannot justly except against them Of which power they never attempted to divest his Majesty though he be no absolute but only a politick King as Fortescue demonstrates Ninthly It hath beene and yet is usuall in most Forraigne Kingdomes for the Senate and people to elect their publike Offiâ—ers and Magistrates without any diminution to their Kings Prerogative In the Roman State the people and Senate not only constantly elected their Kings and Emperours but all their other grand publike Officers and Magistrates as Consuls Tribunes Dictators Senators Decemviri and the like
and 14. The Bishop of Durham late Chancellour of England to Henry the 5. deceased and the Bishop of London Chancellour of the Dutchy of Normandy severally shew that upon King Henry the 5. his decease they delivered up their severall Seales after their homage and fealty first made to King Henry 6. in the presence of divers honourable persons whom they name particularly desiring the Lords to attest their surrender of the said Seales at the time and place specified which they did and thereupon they pray that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity which is granted and entred accordingly Numb 15. It was enacted and provided by the said Lord Commissioner Lords and Commons that in as much as the Inheritance of the Kingdomes and crownes of France England and Ireland were now lawfully descended to the King which title was not expressed in the Inscriptions of the Kings Seales whereby great perill might accrue to the King if the said inscriptions were not reformed according to his Title of Inheritance that therfore in all the Kings Seales as well in England as in Ireland Guyen and Wales this new stile should be engraven Henricus Dei Gratia Rex Franciae Angliae Dominus Hiberniae according to the effect of his inheritances blotting out of them whatever was before in them superfluous or contrary to the said stile and that command should be given to all the keepers of the said Seales of the King to reforme them without delay according to the forme and effect of the new Seale aforesaid Numb 16 Duke Humfrey the Kings Commissary and the other spirituall and temporall Lords being sate in Parliament certaine Knights sent by the Speaker and whole House of Commons came before them and in the name and behalfe of the said Commonalty requested the said Duke that by the advise of the said Spirituall and Temporall Lords for the good government of the Realme of England he would be pleased to certifie the said Commons to their greater consolation what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England and Keeper of his Privie Seale Vpon which request so made due consideration being had and full advise taken and the sufficiency of those persons considered which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough the King following his Fathers example and advise by the assent of the said Lord Duke his Commissary and of all and every one of the Lords spirituall and temporall hath nominated and ordained anew the Reverend Father Thomas Bishop of Durham to the Office of his Chancellour of England William Kinwolmaâ—sh Clerk to the Office of Treasurer of England and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid that 〈◊〉 well to the said Chancellor of England as to the said Treasurer of England and to the said Keeper of his Privie Seale for the exercise of the said Offices severall letters patents should be made in this forme Henâ—icus Dei gratia Rex Angliae Franciae Dominus Hâ—berniae omnibus ad quos presentes liteâ—ae pervenerint 〈◊〉 Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES constituimus venerabilem patrem Thomam Episcopum Dunelmensem CANCELLARIVM nostrum ANGLIAE dantâ—s concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro omnes omnimodas auctoritatem potestatem adomnia ea fingula quae ad officium cancellarii Angliae de jure sive consuetudine pertinent seu quovis tempore pertinere consueverunt c. The like Patents verbatim are in the same role mutatis mutandis made to the said Treasurer of England and Keeper of the Privy Seale After which the said Duke by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury the Bishops of Winchester and Worâ—ester the Duke of Excester the Earle of Warwicke the Lords of Ferrers and Talbot to the Commons then being in the Commons House and notified to the Commonalty by the said Lords these Officers to be nominated and ordained to the foresaid offices in forme aforesaid Vpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made rendring many thanks for this cause to our Lord the King and all the said Lords as was reported by the said Lords in the behalfe of the Commons in the said Parliament Numb 17. The liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts are confirmed by Parliament and their grants ordered to be sealed with the Kings new Seales without paying any Fine Numb 18. Henry the 5. his last Will and the legacies therein given are confirmed by the Kings Letters Patents with the assent of the Lords and Commons in Parliament Numb 19. A subsidy is granted to be imployed for the defence of the Realme of England to which end the Lord Protectour promiseth it shall be diligently imployed Numb 22. and 23. The King by assent of all the Lords spiritual and temporall wills and grants that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England and of the Constableship of the Castle of Gloucester from the death of the Kings father so long as it shall please the King with all the fees profits and wages thereunto belonging in the same manner as they were granted to him by his Father Numb 24. The 27. day of this Parliament the tender age of the King being considered that he could not personally attend in these dayes the defence and protection of his Kingdome of England and the English Church the same King fully confident of the circumspection and industry of his most deare Vncles John Duke of Bedford and Humfrey Duke of Gloucester By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall and LIKEWISE OF THE COMMONS in this present parliament hath ordained and constituted his said Vncle Duke of Bedford now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME and of the Church of England and PRINCIPALL COVNSELLOR of our Lord the King and that he shall both be and called Protector and Defendor of the Kingdome and the Principall Councellor of the King himselfe after he shall come into England and repaire into the Kings presence from thenceforth as long as he shall stay in the Kingdome and it shall please the King And further our Lord the King BY THE FORES AID ASSENT and ADVICE hath ordained and appointed in the absence of his said Vncle the Duke of Bedford his foresaid Vncle the Duke of Gloucester now being in the Realme of England PROTECTOR of his said Realme and Church of England
that they be sworne to fore my Lord of Glocester and all the Lords of the Counsell that for no friendship they shall make no man privy but the Lords of the Counsell what the King hath in his Treasorie Numb 32. Item that the Clark of the Counsell be charged and sworne to truely enact and write daily the names of all the Loras that shall be present from time to time to see what how and by whom any thing passeth Numb 33. And after that all the Lords aforesaid had read before them the said Articles in Parliament and had well considered of them and fully assented and accorded to them the scedule of paper by certaine of the Honorable Lords of Parliament on behalfe of the King and all the Lords in Parliament was sent and delivered to the Commons to bee ascertained of their intent whereupon after the said Commons had advised the said Lords repeated in the said Parliament that the Commons thanked all the Lords and that THEY WERE WELL CONTENTED with all there contained in the said scedule WITH THIS that to the first of the said Articles there should be added one clause of purveiu which the said Lords repeated on the behalfe of the said Commons who delivered it to them in Parliament in one parchment scedule written in French the tenour whereof ensueth Provided alwayes that the Lords and other persons and Officers which have estate and authoritie some of inheritance some for terme of life and otherwise to make and institute by vertue of their offices deputy Officers and Ministers which appertaine to them to make of right and as annexed to them and to their offices of ancient time accustomed and used shall not be restrained nor prejudiced of that which appertaines to them by colour of this Ordinance or appointment To which parchment scedule and the contents thereof read before the Lords in Parliament the said Lords well agreed and fully consented Numb 44. The Queen Mothers dower formerly agreed appointed and sworne to buy all the three estates in Parliament in 9. H. 5. was now againe upon her Petition confirmed and setled by this Parliament after her husbands decease And Numb 41. Pet. 2. The Commons petitioned that it might then be enacted that no man nor woman should thenceforth be compelled nor bound to answer before the Counsell or Chancery of the King nor elsewhere at the suit or complaint of any person for any matter for which remedy by way of Action was provided by the Common law and that no privie Seale nor subpoena should issue thence before a Bill were first there exhibited and also fully allowed by two Iudges of the one Bench and other that the complainant for matters and grievances in the said Bill could have no action nor remedy at all by the common law c. A good Law to prevent the Arbitrary proceedings of these Courts which are now too frequent in subverting of the Common law Lo here in this Parliament we have a Lord Protector Chancellor Treasurer Keeper of the privie Seale Chamberlaine Privie Counsellors Constables of Castles and most other Officers of the King elected by Parliament yea a Commission for calling and holding this Parliament confirmed by this Parliament when met the Kings owne publike feales altered and new made a new stile conferred on the King a Kings last Will and a Queenes Dower when fallen confirmed by the Parliament and the privie Councell Court of Request and Chancery limited by it without any dimininution of the Kings prerogative royall what injury or disparagement then can it be to his Majesties royalties to have his great Officers Counsellers and Judges thus nominated and regulated in and by Parliament at this present surely none at all In the Parliament Rolls of 4. H. 6. num 8. I finde a Commission granted to John Earle of Bedford under the great Seale which was read in Parliament to supply the Kings place and power in this Parliament and to doe all that the King himselfe either might or ought to doe therein because the King by reason of his minoritie could not there personally attend to doe it Numb 10. The Commons by a Petition lamentably complained of the great discords and divisions betweene certaine great Lords and privie Counsellors of the Kingdome and more especially betweene the Duke of Glocester Lord Protector and the Bishop of Winchester Lord Chanceilor by which divers inconveniences might happen to the Realme if not speedily accommodated desiring the Duke of Bedford and other Lords to accord them Vpon which the Lord tooke a solemne Oath to reconcile them and made an accord betweene them which you may read at large in Hall Holinshed and other our Historians and in the Parliament Rolls Numb 12. 13. On the 13. day of March Numb 14. The Bishop of Winchester Lord Chancellor of England for certaine causes declared before the Lords in Parliament instantly desired to be discharged of his Office which causes they considering of and allowing he was by the Lords discharged from his said Office and the same day in like manner the Bishop of Bathe Treasurer of England requested to be freed from his Office which was that day done accordingly Numb 14. On the eighteenth day of March Iohn Bishop of Bathe and Wells late Treasurer of England by vertue of a privie seale directed to him brought the Kings great golden seale sealed up in a leather Bagge into the Parliament and really delivered it to the Earle of Bedford the Kings Commissary who receiving it of the said Bishop caused it to be taken out of the Bagge and to be seene of all and then to be put into the Bagge againe who sealing the Bagge with his signet he delivered it to be kept to the Bishop of London then CHANCELLOR OF ENGLAND BY ADVICE and ASSENT of the Lords spirituall and temporall in that Parliament Numb 18. The King by the advise of the Lords spirituall and temporall and by the assent of the Commons in Parliament makes an exchange of Lewes de Buâ—bon Earle of Vandosme taken prisoner at the battell of Agencourt for the Earle of Huntingdon taken prisoner by the French releasing the said Earle Vandosme of his Ransome and Oath Numb 19. The Duke of Bedford Constable of the Castle of Berwicke petitioned that the King BY AVTHORITY OF PARLIAMENT in regard of his absence from that charge by reason of his continuall imployments in the Kings service in France and elsewhere might license him to make a Lieutenant under him to guard that Castle safely Vpon which Petition the Lords spirituall and temporall granted him power to make a sâ—fficient Lieutenant such as the Kings Counsell should allow of so as the said Lieutenant should finde such reasonable sureties for the safe keeping of the said Castle as the Kings counsell should approve And in this Parliament BY ASSENT OF THE THREE ESTATES OF ENGLAND Richard Beauchamp Earle of Warwicke was ordained to be Governour of the young King in like
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 Done 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 shall 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 Baâ—gor the Duke of Yorke the Earles of Sommerset 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 Cawsou 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 jâ—â—rly 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 reveâ—end 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 Chamberlaiue 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 Worceâ—â—er 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 Northumberlâ—nd the Earle of Westmerland the Lord Cromwell the Lord Fitz Hâ—gh the Lord Bourchier the Lord Scroop Master Walter Hungerford Master John Tiptoff â—homas Chaucer William Allington In the Parliament of 29. Henry 6. num 6. 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 Those few fresh Presidents added to the precedent 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
the confiscation of their goods and inheritances 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 France with her sonne the Prince whose lives these favorites attempted She raised 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 destitute of friends and meanes demanded assistance of the City of London whose answer was That they would honour with all duty the King the Queene and Prince but would shut their gates against Foreiners and Traytors to the Realme and with all their power withstand them And under the name of Iohn of Eltham the Kings second sonne whom they proclaimed Custos of the City of the Land they got the Tower of London into their possession placing and displacing the Garrison and Officers therein as they pleased The King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her selfe her sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should aide or assist them and that he should have a 1000. l. who did bring the Lord Mortimers head fâ—ies to Bristol in the Castle whereof the elder Spenâ—er was taken by the Queenes Forces and without any formall tryall cruelly cut up alive and quartered being first at the clamours of the people 〈◊〉 and hanged in his proper armour upon the common Gallowes without the City After which the King forsaken of all his Subjects flies into Wales for shelter where he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his son confessing That for his many sins he was fallen into this calamity and therefore â—ad the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abharre his any longer rule and Soveraignty and therefore he besought all there present to forgive and spare him being so afflicted Soone after he was murthered in Baâ—kly Castle And so the sicknesse and wounds which the Common-wealth sustained by his ill raigne upon the change of her Physitian recovered not onely health and strength but beauty also and ornament writes Iohn Speed After all this King Richard the second in the ninth yeare of his reigne summoned a Parliament wherein Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by the Parliament and the Sealâ— taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both the Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for the defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill Counsellors to the Court shewing them greater favour then before In so much that at Christmas the King made de la Pole sit at his owne table not in the usuall garment of a Peere but of a Prince out of a stomacke and hatred against the Peeres whom from thenceforth be never regarded but feiuedly and then fals to plot the death of the Duke of Glocester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Nottingham Castle with a few persons generally ill-beloved ill-adwised and ill-provided The course agreed upon by the King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speed seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumed the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters then umder a shew of justice they should be proceeded against accordingly The Lawyers who were the very men which in the last Parliament gave advice to the Lords to do as they did now meeting were demanded Whether by the Law of the Land the King might not disanull the Decrees of the last Parliament They joyntly answered he might because he was above the Lawes a most apparent errour confessing that themselves had in that Parliament decreed many things and given their judgement that all was according to Law which they acknowledged to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withall sends for the Sheriffes of Shires to raise Forces against the Lords who denyed saying that they could not raise any competent forces or Armes against them the whole Counties were so addicted to their favours and being further willed to suffer no Knights to be chosen for their Shires but such as the King and his Councell should name they answered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good precedent for our present Sheriffes whereupon they were dismissed Then were the Lawyers and Judges Robert Trefilian and his companions called before the King to determine the judgements of Treasons against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if need were against the Lords in the day of battle Many of which answered that they neither could nor would stand against the Lords whom they knew for certaine intimately to love the King and to endevour all things study all things doe all things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kings notice The Lords hearing of these proceedings were much sadded being conscious to themselves of no guilt worthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop of London to the King who inclining to credit the same was in an evill houre diverted by De la Pole The Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which they severally gather Forces that they might present their griefes to the King How he favoured Traytors not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speedily prevented The King on the other side by Trayterous Counsellours advise sought how to take them off single before they were united but in vaine by reason their party was so great Meane time some peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thither approaching they are advertised by some who had sworne on the Kings behalfe for good dealing to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which without the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre knights were reported to have laid for
Conquest tendered to and approved by the Conquerour himselfe newly Printed 1641. which in the Section Touching the Kings absence from Parliament resolves thus The King is BOUND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily sicknesse and then he may keepe his Chamber yet so as he lye not without the Manour or Towne at the least where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two Earles two Barons two Knights of the shire two Burgesses and two Citizens to looke upon his person to testifie and witnesse his estate and give Authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name See 8 H. 5. c. 1. Cromptons Iurisdiction f. 13. a. 17. b. according herewith expresse mention being made in that Commission of the cause of his absence there which ought to suffice The reason is because there was wâ—nt to be a cry and murmure in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole commonalty of the Parliament neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELY IN THE CASE AFORESAID And whereas Malignants clamour that most of the Lords are absent as well as the King and therefore this can be no lawfull Parliament The same Authour will informe them That if the Lords be once summoned to Parliament and then appeare not or absent themselves the King may hold the Parliament with the Commonalty and Commons of the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in England because he represents a whole County Towne or City the other himselfe alone without Bishops Earles or Barons because in times past before there was either Bishop Earle or Baron yet even then Kings kept their Parliaments but on the contrary no Parliament can be kept by the King and Peeres if all the Commons for the Kings misgovernment or such like cause should absent themselves This is the judgement of Master Iohn Vowel too who writes in this manner Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld to any thing then the Kings with the consent of his Commons may ordaine and establish any acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents But on the contrary If the Commons be summoned and will not come or comming will not appeare or appearing will not consent to doe any thing illedging some just weighty and great cause the King in these cases cannot with his Lords devise make or establish any Law The reasons are these When Parliaments were first begun and ordained there were no Prelates or Barons of the Parliament and the temporall Lords were very few or none and then the King and his Commons did make a full Parliament which Authority was never hitherto abridged Againe every Baron in Parliament doth represent but his owne person and speaketh in the behalfe of himselfe alone But in the Knights Citizens and Burgesses are represented the Commons of the whole Realme and every of these giveth not consent onely for himselfe but for all those also for whom be is sent And the King with the consent of his Commons had ever a sufficient and full authority to make ordaine and establish good and wholesome Lawes for the Commonwealth of his Realme Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament cannot by their folly abridge the King and the Gommons of their lawfull proccedings in Parliament Thus and more Iohn Vowel in his Order and Vsage how to keepe a Parliament Printed Cum Privilegio And Sir Edward Cooke in his Institutes on Magna Charta proves that the Lords and Peeres in many Charters and Acts are included under the name of the Commons and Commonalty of England But we need not retire to this last doubtfull refuge the Honourable faithfull Lords now present though not so many as could be desired are the intire House of Peeres in judgement of Law as those present at the election of Knights of the Shire or Burgesses though the major part be negligently or wilfully absent are the whole Shire or Burrough and the wilfull absence of the residue though the greater number being contrary to Law contrary to the Priviledges of Parliament and their late Protestations tending to the very subversion of Parliaments for which high contempt they and their Posterities too may justly be disabled for ever to sit as members of that House which they have so dishonourably if not treacherously deserted even as well as Knights and Burgesses whose personall attendance is so necessary that if during the Parliament they absent themselves from it about any businesses of their owne without leave of the House or be so sicke or elected Mayors of a Towne or any other judiciall Officers so as they cannot attend the service of the House they may thereupon be lawfully expelled the House and a new Writ expressing the cause of their removall shall issue for a new election of others in their places to make the House compleat as was resolved by the Commons House 38 H. 8. Br. Parliament 7. can no more disable those now present from being a true and lawfull House of Peeres than the multitudes departing from the true Church of God to the faâ—se disprove it to be the true Church of Christ whose true flocke is but little In a word divers Parliaments have beene kept and held and Acts made without Bishops or Abbots heretofore even while they were reputed members of the Lords House and one of the three Estates in Parliament therefore this Parliament which hath taken away Bishops Votes for ever may be lawfully held notwithstanding any Lords or Commons wilfull absence from it in person who yet as long as they are members of the Parliament shall still be adjudged legally present whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement and make binding Orders though the Chiefe Justice and his fellowes be negligently or wilfully absent Much more then may the Lords and Commons now present doe the like in case of the Kings and other Members wilfull absence of purpose to ruine both Parliament and Kingdome against which they are now in armes and have levyed open warre Sixthly it is most apparent both by Scripture the verdict of all Politicians and writers of note the Statutes of our Realmes and Lawyers that kingdomes Subjects and Parliaments were not created by God for the
of Yorke to shew and make report unto the Lords of the Parliament of his voluntary Resignation and also of his intent and good minde that he bare toward his Cousin the Duke of Lancaster to have him his Successour and King after him And this done every man took their leave and returned to their own Upon the morrow following being Tuesday and the last day of September all the Lords Spirituall and Temporall with also the Commons of the said Parliament assembled at Westminster where in the presence of them the Archbishop of Yorke according to the Kings desire shewed unto them seriously the voluntary Renouncing of the King with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successour And over that shewed unto them the Scedule or Bill of Renouncement signed with King Richards hand After which things in order by him finished the question was asked first of the Lords If they would admit and allow that Renouncement The which when it was of the Lords granted and confirmed the like question was asked of the Commons and of them in like manner affirmed After which admission it was then declared That notwithstanding the foresaid renouncing so by the Lords and Commons admâ—tted it were needfull unto the Realme in avoiding of all suspicions and surmises of evill disposed persons to have in writing and registred the manifold crimes and defaults before done by the said Richard late King of England to the end that they might be first openly shewed to the people and after to remain of Record among the Kings Records The which were drawn and compiled as before is said in 38. Articles and there shewed readie to be read but for other causes then more needfull to be preferred the reading of the said Articles at that season were deferred and put off Then forsomuch as the Lords of the Parliament had well considered this voluntary Renouncement of King Richard and that it was behovefull and necessary for the weale of the Realme to proceed unto the sentence of his deposall they there appointed by authority of the States of the said Parliament the Bishop of Saint Asse the Abbot of Glastenbury the Earle of Glocester the Lord of Barkley William Thyrning Justice and Thomas Erpingham and Thomas Gray Knights that they should give and beare open sentence to the Kings deposition whereupon the said Commissioners laying there their heads together by good deliberation good counsell and advisement and of one assent agreed among them that the Bishop of Saint Asse should publish the sentence for them and in their names as followeth In the Name of God Amen We John Bishop of Saint Asse or Assenence John Abbot of Glastenbury Richard Earle of Glocester Thomas Lord of Barkley William Thyrning Iustice Thomas Erpingham and Thomas Gray Knights chosen and deputed speciall Commissaries by the three Estates of this present Parliament representing the whole body of the Realme for all such matters by the said Estates to us committed We understanding and considering the manifold crimes hurts and harmes done by Richard King of England and misgovernance of the same by a long time to the great decay of the said Land and utter ruine of the same shortly to have been ne had the speciall grace of our Lord God thereunto put the sooner remedie and also furthermore adverting the said King Kichard knowing his own insufficiency hath of his own meere voluntarie and free will renounced and given up the rule and government of this Land with all Rights and Honours unto the same belonging and utterly for his merits hath judged himselfe NOT UNWORTHY TO BE DEPOSED OF ALL KINGLY MAJESTY AND ESTATE ROYALL We the Premisses well considering by good and diligent deliberation by the POWER NAME AND AUTHORITIE TO US AS ABOUE IS SAID COMMITTED PRONOUNCE DISCERNE AND DECLARE the same King Richard before this to have beene and to be unprofitable unable unsufficient and unworthy to the rule and governance of the foresaid Realms Lordships and all other Appâ—rtenances to the same belonging and FOR THE SAME CAUSES WE DEPRIUE HIM OF ALL KINGLY DIGNITIE AND WORSHIP AND OF ANY KINGLY WORSHIP IN HIMSELFE AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIUE forbiding expresly to all Archbishops Bishops and all other Prelates Dukes Marquesses Earles Barons and Knights and to all other men of the aforesaid Kingdom and Lordships or of other places belonging to the same Realmes and Lordships Subjects and Lieges whatsoever they be that none of them from this time forward to the foresaid Richard as King and Lord of the foresaid Realmes and Lordships be neither obedient nor attendant After which sentence thus openly declared the said Estates admitted forthwith the same persons for their Procurators to resigne and yeeld up to King Richard all their homage and fealty which they have made and ought unto him before times and for to shew unto him if need were all things before done that concerned his deposing The which resignation aâ— that time was spared and put in respite till the morrow next following And anon as this sentence was in this wise passed and that by reason thereof the Realme stood void without Head or Governour for the time the said Duke of Lancaster rising from the place where he before sate and standing where all might behold him he meekly making the signe of the Crosse upon his forehead and upon his breast after silence by an Officer was commanded said unto the people there being these words following In the name of the Father Sonne and holy Ghost I Henry of Lancaster claime the Realme of England and the Crowne with all the appurtenances as I that am descended by right line of the blood comming from that good Lord King Henry the third and through the right that God of his grace hath sent to me with the helpe of my kiâ—â—e and of my friends to recover the same which was in point to be undone for default of good Governance and due Iustice. After which words thus by him uttered he returned set him down in the place where he before had sitten Then the Lords perceiving and hearing this claim thus made by this noble man either of them frained of other what he thought and after a distance or pause of time the Archbishop of Canterbury having notice of the Lords minde stood up and asked the Commons if they would ASSENT TO THE LORDS WHICH in their mindes thought the claime by the Duke more to BE RIGHTFULL AND NECESSARY FOR THE WEALTH of the Realm and of them all Whereunto they cryed with one voice YEA YEA YEA After which answer the said Archbishop going to the Duke and setting him upon his knee had unto him a few words the which ended he rose and taking the Duke by the right hand led him unto the Kings seat and with great reverence set him therein after a certaine Kneeling and Orison made by the said Duke eâ—e he were therein set And when the King
suis depulsus Ducatu caruit c. sed posteà pacato populo Ducatum recepit Eigebantur enim interdum Provinciarum Duces AB IPSO POPULO In the Roman State the Senate and some times the people alone without their advise had power to appoint Lieutenants and Governours of Provinces whence the Senate commanded those Governours of Provinces whom the Emperour Maximinus had made to be displaced and others to be substituted in their roomes which was accordingly executed yea the Senate had power to dispose of the common Treasure and publike reventue one of the greatest points of Soveraingty And so we read in Scripture Iudges 11. 5. to 12. That when the children of Ammon made warre against Israel the Elders of Gilead went to fetch Iephthah out of the land of Tob. And they said unto Iephthah Come and be our Captaine that we may fight with the Children of Ammon c. Then Iephthah went with the Elders of Gilead and THE PEOPLE MADE HIM HEAD and CAPTAINE OVER THEM the Princes and people even under Kings themselves having the chiefe disposing power of the Militia and denouncing war as is evident by Iosh. 22. 11. to 32. Iudges 20. and 21. throughout 1 Sam. 14. 38. to 46. c. 29. 1. to 11. 2 Sam. 18. 2 3 4. c. 19. 1. to 9. Prov. 20. 18. c. 24. 6. compared together And for a close of all lest any should object that no late direct precedent can bee produced to prove the office of the Lord Admirall and custody of the Seas disposed by Parliament I shall conclude with one punctuall precedent of many In 24. H. 6. prima Pars Pat. ma. 16. The King grants to Iohn Duke of Exeter the OFFICE OF ADMIRALL OF ENGLAND IRELAND and AQUITAIN with this subscription Per breve de privato sigillo AVCTORITATE PARLIAMENTI the former Patent of this office made joyntly to him and his sonne by the King alone in the 14. yeare of his reigne being surrendred in the Parliament of 24. and a new one granted them by its direction and authority Yea most of the Admiralls Patents which anciently were not universall for all England but severall for such and such parts onely and commonly but annuall or triennuall at most as Sir Henry Spelman observes in his Glossary in the word Admirallus where you have an exact Kalender of all the Admiralls names with the dates of their severall Patents and Commissions are DE AVISAMENTO ET ASSENSU CONSILII which is almost as usually taken for the Kings great Counsell the Parliament as for his privy Counsell And if our Kings have constantly disposed of this Office by the advise or assent of their privy Counsell there is more reason and equitie they should doe it by the advise of their great Counsell of which his privy Counsell are but a part and by whom they have frequently beene elected as I shall plentifully manifest in the next objection Now whereas some pretend that the Parliaments seising and detaining of the Kings Castles Ports Ships Armes and Ammunition is High Treason within the Statute of 25 Ed. 3. c. 3. and a levying of warre against the King I answer first that the Parliament was never within the meaning nor letter of that or any other Act concerning Treasons as I have formerly proved the rather because the King is a member of it and so should commit Treason against himselfe which were absurd Secondly because both Houses are of greater authority then the King a member of them as they make one Court so cannot commit Treason against the lesse Thirdly the Parliament is a meere Corporation and Court of justice and so not capable of the guilt of Treason A Judge Maior or particular persons of a Corporation may be culpable of high Treason as private men but not a Court of justice or Corporation Fourthly by the very Statutes of 25 E. 3. and of 11 R. 2. c. 3. 21 R. 2. c. 12. 1 H. 4. c. 10. 21. R. 2. c. 3. the Parliament is the sole Judge of all new Treasons not within the very letter of that act and if any other case supposed Treason not there specified happens before any Iustices the Iustice shall tarry without any going to judgement of the Treason till the cause bee shewen and declared before the King and his Parliament whether it ought to be judged Treason And if the Parliament be the sole Judge of all Treasons it cannot be guilty of Treason for then it should be both Judge and Delinquent and if so no doubt it would ever acquit it selfe of such a crime as High Treason and never give judgement against it selfe And no Judge or person else can arraigne or judge it or the members of it because it is the highest soveraigne Court over which no other person or Court whatsoever hath any the least jurisdiction So that if it were capable of the guilt of Treason yet it could not be arraigned or judged for it having no superiour or adequate Tribunall to arraigne it Fiftly admit it might be guilty of High Treason in other cases yet it cannot be so in this For having a joynt interest with the King in the premises in the Kingdomes right the sole propriator of them it cannot doubtles be guilty of treachery much lesse of High Treason for taking the custody and possession onely of that which is their owne especially when they both seise and detaine it for its owne proper use the Kingdomes security and defence without any malicious or traytorous intention against King or kingdome Secondly I answer that the seising or detaining of these from the King are no Treason or levying of Warre within this Law as is most evident by the Statutes of 6. Ed. 6. c. 11. which expresly distinguisheth the seising and detaining of the Kings Forts Ammunition Ships from the levying warre against the King in his Realme and by an expresse new clause enacts this seising and detayning to be High Treason from that time because it was no Treason within 25. Ed. 3. before which if it had beene in truth this new clause had beene superfluous which law of King Edward being repealed by primo Mariae Rastal Treason 20. this offence then ceased to be Treason whereupon by a speciall act of Parliament in 14 Eliz. c. 1. it was made High Treason againe which had beene needlesse if it had beene a levying of warre or Treason within 25. Ed. 3. before And that with this proviso this Act to endure during the Queenes Majesties life that now is ONLY and so by this Parliaments resolution it is no Treason since her death within 25 Ed. 3 for then this proviso had beene idle and repugnant too And therefore being now no High Treason in any person cannot without much calumny and injury be reputed Treason in both the Houses of Parliament uncapable of High Treason as the premises demonstrate In briefe he that seised and detained the Forts and Ships
deny to your Lord the King especially when the servants ought not at all to judge their Lord nor the vassalls their Prince nor to restraine him with their conditions Yea verily who ever are reputed inferiours ought rather to be directed by the pleasure of their Lord and to be regulated by his will for the servant is not above his Lord nor yet the Disciple above his Master Therefore he should not be as your King but as your servant if he should be thus inclined to your will Wherefore he will neither remove Chancellour nor Iustice nor Treasurer as you have propounded to him to doe neither will he substitute others in their places He likewise gave a cavilling answer to the other Articles though wholesome enough to the King and demanded an ayde to recover his right in forraigne parts When the Barons heard this answer it appeared more cleere then the light that these things sprung from those ill Councellours whose weakened power would be utterly blowne up if the Councell of all the Baronage should be hearkened to Wherefore they all gave this unanimous peremptory answer That they would grant no ayde at all to impoverish themselves and strengthen the enemies of the King and Kingdome and so the Parliament being dissolved with indignation unusquisque spe fraudatus a Parliamento frustra diu expectato nihil nisi sannas cum frivolis amissis laboribus cum expensis ut solent saepius reportarunt Which when the king had seene he was put into a vehement anger and said to his Councellours Behold by you the hearts of my Nobles are turned from me Behold I am like to lose Gascoigne Poyteirs is spoyled and I am destitute of Treasure What shall I doe Whereupon to satisfie him they caused his Plate and Iewels to be sold and invented sundry new projects to raise monies The very next Yeare 1249. the Lords assembling againe at London at the end of Easter pressed the King with his promise made unto them That the chiefe Iusticiar Chancellour and Treasurer might BE CONSTITVTED BY THE GENERALL CONSENT OF THE KINGDOME which they most certainely beleeved they should obtaine but by reason of the absence of Richard Earle of Cornewall which was thought to be of purpose they returned frustrate of their desire for that time Anno 1254. in another Parliament summoned at London in Easter Tearme the Lords and Commons require and claime againe their former Rights in electing the Iusticiar Chancellour and Treasurer but after much debate the Parliament is proroged and nothing concluded Yet the Lords and Commons would not be thus deluded of their right which to regaine they strained their Jurisdiction to an higher Note then ever they had done before For in the Yeare 1258. the Barons seeing the Realme almost destroyed with Taxes and exactions and Poictovines to domineere and rule all things in England effectually to redresse these grievances and reforme the State of the Realme in a Parliament at Oxford to which they came very well armed by advise of some Bishops among other Articles they demanded of the King That such a one should be chiefe Iusticiar who would judge according to Right c. And that 24. others write 12. persons Whom Fabian stiles the Douze Peeres should there be chosen to have the whole administration of the King and State by reason of the Kings former misgovernment and the YEARELY APIOINTING OF ALL GREAT OFFICERS reserving onely to the King the highest place at meetings and salutations of honour in publike places To which Article the King and his Soâ—ne Prince Edward out of feare not onely assented and subscribed but likewise tooke a solemnâ— Oath to performe them all the Lords and Bishops taking then the like Oath to hold and maintaine these Articles inviolably and further they mâ—de all that would abide in the Kingdome to sweare also to them the Arch-Bishops and Bishops solemly accursing all such as should Rebell against them Which Articles the King and his Son labouring by force of Arms to annull they were notwithstanding enforced to confirme them in 3. or 4 subsequent Parliaments By vertue of these Articles enacted thus in Parliament those Lords not only removed old Sherifes of Counties appointed by the King and put in new of their owne chusing but likewise displaced Philip Lovell the Kings Treasurer with divers Officers of the Exchequer and sundry of the Kings meniall servants setting others whom they liked in their places and made Hugh Bygod Lord Chiefe Justice who executed that Office valiantly and justly nullatenus pâ—rmittens jus Regni vacillare creating likewise a new Chancellour and removing the old After this in a Parliament at London Anno 1260. they consulted about the electing of new Justices and of the Chancellour and Treasurer of England for the following yeare these places being made annull by the former Parliament in pursuance whereof Hugh Bigod his yeare expiring Hugh Spenser was by the Lords and Parliament appointed to be his successour and made Lord Chiefe Iustice and likewise Keeper of the Tower of London by the consent of the King and Barons and by authority of this Parliament the Abbot of Burgh succeeded Iohn de Crakedale in the Treasurership and the Great Seale of England was by them committed to the custody of Richard then Bishop of Ely The very next yeare 1261. the Barons with the consent of the selected Peeres discharged Hugh Spenser of his chiefe Iusticeship when his yeare was expired and substituted Sir Philip Basset in his roome In which yeare the King appointed Justices of Eyre through England without the Lords contrary to the Provisions of the Parliament at Oxford they coming to Hereford to keepe a Sessions there and summoning the County to appeare before them on Hockeday divers chiefe men of those parts who sided with the Barons assembled together and strictly commanded those Iudges not to presume to siâ— against the Ordinances of Oxford neither would any other of the people answer them in any thing whereupon acquainting the King with this opposition they departed thence without doing ought and the King making this yeare new Sherifes in every Couunty displacing those the Barons had made the inhabitants of each County hereupon marfully repulsed them and would not obey nor regard nor answer them in any thing whereat the King was much vezed in minde and upon a seeming shew of reconciliation to the Barons going to Dover and Rochester Castles committed to the Barons custody for the Kingdomes safety they permitted him to enter peaceably into them without any resistance Upon which minding to breake his former oaths for the keeping of the Oxford Articles he first seiseth upon these and other Castles and then coming to Winchester Castle where he had free entrance permitted him by the Barons who suspected no ill dealing he tooke it into his owne custody whether he called to him the Chiefe Iustice and Chancellour not long before made that yeare by the Barons commanding them to
deliver up the Seale and Iustices Roles unto him who answered that they could by no meanes doe it without the Barons consent and pleasure concurring with the Kings with which answer the King being moved presently without consulting with the Baronage made Walter Merton Chancellour and the Lord Philip Basset Chiefe Justice to him and the Kingdom removing those the Barons had appointed from those and other places Which the Barons hearing of considering that this was contrary to them and their provisions and fearing least if the King should thus presume he would utterly subvert the Statutes of Oxford thereupon they poasted to the King guarded with Armes and power and charged him with the breach of his Oath forcing him at last to come to an agreement with them which the King soone violating the Barons and he raised great Forces met and fought a bloody battle at Lewes in Sussex where after the losse of 20000. men the King and his Son Prince Edward with sundry Lords of his party were taken and brought Prisoners to London where all the Prelates Earles and Barons meeting in Parliament Anno 1265 as Mathew Westminster computes it made new Ordinances for the Government of the Realme appointing among other things that two Earles and one Bishop elected by the Commons should chuse 9. other Persons of which three should still assist the King and by thâ— Counsell of those three and the other nine all things should be ordered as well in the Kings House as in the Kingdome and that the King should have no power at all to doe any thing without their Counsell and assent or at least without the advice of three of them To which Articles the King by reason of menaces to him to elect another King and Prince Edward for feare of perpetuall Imprisonment if they consented not were enforced to assent all the Bishops Earles and Barons consenting to them and setting their Seales to the Instrument wherein these Articles were conteined After which the Earle of Leicester and his two Sons being three of the twelve devided all the Kings Castles and strong holds betweene them and bestowed all the chiefe Offices in the Kings House upon his Capitall enemies which indiscreete disloyall carriage of theirs much offended not only the King and Prince but the Earle of Glocester and other of the Barons so that they fell off from the Earle to the King and Prince and in a battell at Eusham slew the Earle and most of his Partisans after which victory the King calling a Parliament at Winchester utterly repealed and vacated those former Ordinances which had they only demaunded the Nomination of great Officers Counsellours and Judges to the King and not entrenched so far upon his Prerogative as to wrest all his Royall power out of his hands not only over his Kingdom but houshold too I doubt not but they had beene willingly condiscended to by the King and Prince as reasonable and not have occasioned such bloody wars to repeale them by force In K. Edward the second his Reigne the Lords and Commons by an Ordinance of Parliament having banished out of Court and Kingdome Pier Gaveston his viâ—ious favourite and pernicious grand Counsellour in a Parliament held at Warwick nominated and constituted Hugh Spenser the Sonne to be the Kings Chamberlaine and in that Parliament further enacted that certaine Prelates and other Grandees of the Realme should remaine neare the King by turnes at set seasons of the Yeare to counsell the King better without whom no great businesse ought to be done challenging writes Speed by sundry Ordinances madâ— by them in Parliament not onely a power to reforme the Kings House and Councell and TO PLACE AND DISPLACE ALL GREAT OFFICERS AT THEIR PLEASVRE but even a joynt interest in the Regiment of the Kingdome After which the Spensers engrossing the sole Regiment of the King and Kingdome to themselves and excluding those Lords from the King appointed by the Parliament to advise him not suffering the King so much as to speake with them but in their presence they were for this and other offences banished the Land by Act of Parliament This King towards the end of his raigne after the Queenes arrivall with her Army obscuring himselfe and not appearing by advise and consent of the Lords the Duke of Aquitaine was made High Keeper of England and they as to the Custos of the same did sweare him fealty and by them Robert Baldocke Lord Chancellour was removed the Bishop of Norwich made Chancellour of the Realme and the Bishop of Winchester Lord Treasurer without the Kings assent In the 15 Yeare of K. Edward the 3d. chap. 3 4. there was this excellent Law enacted Because the points of the great Charter be blemished in divers manners and lesse well holden then they ought to be to the great perill and slaunder of the King and dammage of the people especially in as much as Clerkes Peeres of the Land and other freemen be arrested and imprisoned and outed of their goods and Cattels which were not appealed nor indighted nor suite of the party against them affirmed It is accorded and assented that henceforth such things shall not be done And if any Minister of the Kings or other person of what condition he be doe or come against any part of the great Charter or other Statutes or the Laws of the Land he shall answer to the Parliament as well as the suite of the King as at the suite of the party where no remedy nor punishment was ordained before this time as farre forth WHERE IT WAS DONE BY COMMISSION OF THE KING as of his owne Authority notwithstanding the Ordinance made before this time at Northampton which by assent of the King the Prelates Earles and Barons and the Commonalty of the Land in this present Parliament is repealed and utterly disanulled And that the Chancellour Treasurer Barons and Chancellour of the Eschequer the Iustices of the one Bench and of the other Iustices assigned in the County Steward and Chamberlaine of the Kings house Keeper of the Privie Seale Treasurer of the Wardrobe Controuler and they that be chiefe deputed to abide nigh the Kings Sonne Duke of Cornewall shall be now sworne in this Parliament and so from henceforth at all times that they shall be put in Office to keepe and maintaine the Priviledges and Franchises of holy Church and the points of the great Charter and the Charter of the Forrest and all other Statutes without breaking any point Item It is assented that if ANY THE OFFICERS AFORESAID or chiefe Clerke to the Common Bench or the Kings Bench by death or other cause be out of his Office that our Soveraigne Lord the King BY THE ACCORD OF HIS GREAT MEN which shall be found most nighest in the County which hee shall take towards him and by good Councell which he shall have about him shall put another convenient into the said Office which shall be sworne after the forme aforesaid And
two years space though his friends very oft petitioned for his liberty and Iohn a Gaunt Duke of Lancaster made Regent of the Realme because of the Kings irrecoverable infirmity summoning a Parliament the yeare following repealed the Statutes made in this good Parliament to the Subjects great discontent who were earnest suiters to the Duke for De la Mare his enlargement and legall tryall which being denied the Londoners upon this and other discontents tooke armes assaulted the Duke spoyled his house at the Savoy and hung up his armes reversed in signe of Treason in all the chiefe streets of London But in the first yeare of Richard the second in a Parliament at London Peter De la Mare and almost all the Knights which plaid their parts so well in the good Parliament for the increase of their Country and benefit of the Realme resuming their Petitions caused Alice Piers who contemning the Act of Parliament and the oaths wherewith she had bound her self presumed to enter the Kings Court to perswade and impetrate from him whatsoever she pleased to be banished and all her movables and immovables to be confiscated to the King notwithstanding she had corrupted with mony divers of the Lords and Lawyers of England to speak not only privately but publikely in her behalfe In the 1. yeare of Richard the 2 d William Courtney Bishop of London Edmond Mortymer Earle of March and many others of whom the Common-people had the best opinion being good wise and famous men were by publike consent appointed Councellours and Regents to the King being but young and this yeare Henry Piercie Earle of Northumberland resigning his Marshalls rod Iohn de Arundel was made Marshall in his place In the third yeare of Richard the second in a Parliament at London the Commons petitioned that one of the Barons who knew how to answer Forraigners wisely and might be mature in manners potent in workes tractable and discreete to be the kings protector Electus est Ergo COMMVNI SENTENTIA c. Hereupon Thomas Beauchamp Earle of Warwicke WAS ELECTED BY COMMON CONSENT IN PARLIAMENT Lord Protector that he migh conâ—inually abide with the King and receiâ—e an honorabâ—e anuall stipend out of the Kings Exchequer for his paines and those Bishops Earles Barons and Iudges assigned to be the Kings Counsell and Gardians the yeare before were upon the Commons petition this Parliament removed because they spent much of the Kings Treasure nullum aâ—t modicum fructum protulerunt In this Parliament Sir Richard Scrope resigned his Office of Lord Chauncellour and Simon de Sudbuâ—y Archbishop of Canterbury contrary to his degree and dignity as many then cryed out was substituted in his place In a Parliament at London in the fifth yeare of King Richard the second Sir Richard Scâ—ope was againe made Chauncellour PETENTIBVS HOC MAGNATIBVS ET COMMVNIBVS at the REQVEST OF THE LORDS AND COMMONS as being a man who for his eminent knowledge and inflexible justice had not his peere in England and Hugh Segrave Knight was then likewise made lord Treasurer Sed quid juvant 〈◊〉 Parliamentorum c. writes Walsiâ—gham of the Acts of this Parliament and Speed out of him But to what purpose are Acts of Parliament when after they are past they take no manner of effect for the king with his Privie Counsell was wont to change and abolish all things which by the Commons and Nobility had beene agreed upon in former Parliaments For the very next yeare the king deposed Scrope from his Chauncellourship and tooke the Seale into his owne hands â—â—aling divers Grants and Writings with it as he pleased and at last delivered the Sâ—ale to Richard Braybrooke which Walsinghaâ— thus relates Lord Richard Scrope Knight qui PER REGNI COMMVNIT ATEM ET ASSENSVM DOMINORVM ELECTVM IN REGNI CANCELLARIVM was in those dayes put from his Office of Chancellor which he had laudably and prudently administred The cause of his removall was his peremptory resistance of the Kings Will who desired to impoverish himselfe to exalt strangers For certaine Knights and Esquires of inferiour ranke being the kings servants begged of the king certaine lands and the demeasnes of such as dyed during such time as by the custome of the Kingdome they ought to remaine in the Kings hands The King being a child without delay granted their requests and sending them to the Chancellor commanded him to grant them such Charters under the great Sâ—ale as they desired But the Chauncellor who ardently desired the benefit of the Realme and the Kings profit plainely denyed their requests alleaging that King was much endebted and that he had neede retaine such casualties to himselfe to helpe discharge his debts That those who knew in what debts the king was obliged were not faithfull to the King whiles they minded more their owne avarice than the kings profit preferring their private gaine before the publicke necessities Wherefore they should desist from such requests and be content with the Kings former gifts which were sufficient for them And that they should know for certaine that he would neither make nor seale any such Charters of â—â—nfirmation to them of such donations of the king who was not yet of full age 〈◊〉 hee should hereaâ—â—â—r receive ill thankes from him Whereupon these Petitioners returning from the Chancellour inform the king that the Chauncellors minde was obstinate and that he would doe nothing at his Command but rather contemne his Royall mâ—ndate that the King ought with due severity speedily to curbe such an unbrideled disobedience or else it would quickly come to passe that the kings honour would grow contemptible among his Subjects and his command be of no value The King therefore who understood as a childe more regarding the false machinations of detractors then the faithfull allegations of his Chauncellour in a spirit of furie sends some to demand his seale of him and to bring it to himselfe And when the king had sent againe and againe by solemne messengers that he should send the seale to him the Chauncellour answered thus I am ready to resigne the Seale not to you but to him who gave it me to keepe neither shall there be a middle bearer betweene me and him but I will restore it to his hands who committed it to mine owne hands not to others And so going to the king Here delivered the seale promising that he would as he had hitherto be faithfull to the king yet denyed that he would hereafter be an Officer under him And then the king receiving the Seale did for many dayes what he listed untâ—ll Master Robert Braibrooke Bishop of London had undertaken the Office of Chancellour When not onely the Nobility of the kingdome but the Commonalty likewise heard that the king contrary to the Custome of the Kingdome had captiously deposed the Chauncellour whom All the Nobilitie of the Kingdome with the suffrage of all the Commons had chosen
manner as the Noble Duke of Exceter was before appointed and designed to execute which charge he was sent for out of France the yeare following In the three and thirtieth yeare of this Kings reigne Richard Duke of York was made Protector of the Realme the Earle of Salisbury was appointed to be Chancellor and had the great seale delivered to him and the Earle of Warwick was elected to the Captainship of Calice and the territories of the same in and BY THE PARLIAMENT by which the Rule and Regiment of the whole Realme consisted onely in the heads and orders of the Duke and Chancellor and all the warlike affaires and businesse rested principally in the Earle of Warwick From which Offices the Duke and Earle of Salisbury being after displaced by â—mulation envie and jealousie of the Dukes of Somerset Buckingham and the Queene a bloody civill warre thereupon enfued after which Anno 39. H. 6. this Duke by a solemne award made in Parliament between Henry the sixth and him was againe made PROTECTOR AND REGENT OF THE KINGDOM By the Statutes of 25. H. 8. c. 22. 28. H. 8. c. 7. and 35. H. 8. c. 1. it is evident that the power and Right of nominating a Protector and Regent during the Kings minoritie belongs to the Parliament and Kingdome which by these Acts authorized Henry the eighth by his last Will in writing or Commission under hiâ— seale to nominate a Lord Protector in case he died during the 〈◊〉 of his heire to the Crowne and the Duke of Somerset was made Lord Protector of the King and Realme during King Edward the sixth his nonage BY PARLIAMENT And not to trouble you with any more examples of this kinde Mr. Lambard in his Archaion p. 135. Cowell in his Interpreter title Parliament Sir Henry Spelman in his Glossarium tit Cancellarius out of Matthew Westminster An. 1260. 1265. Francis Thin and Holinshed vol. 3. col 1073. to 1080. 1275. to 1286. and Sir Edward Cook in his Institutes on Magna Charta f. 174 175. 558. 559. 566. acknowledge and manifest That the Lord Chancellour Treasurer Privy Seale Lord chiefe Iustice Privy Counsellors Heretochs Sheriffs with other Officers of the Kingdome of England and Constables of Castles were usually elected by the Parliament to whom OF ANCIENT RIGHT THEIR ELECTION BELONGED who being commonly stiled Lord Chancellour Treasurer and chiefe Iustice c. OF ENGLAND not of the King were of right elected by the representative Body of the Realme of England to whom they were accomptable for their misdemeanors Seeing then it is most apparent by the premises that the Parliaments of England have so frequently challenged and enioyed this right and power of electing nominating recommending approving all publike Officers of the Kingdome in most former ages when they saw iust cause and never denuded themselves wholly of this their interest by any negative Act of Parliament that can be produced I humbly conceive it can be no offence at all in them considering our present dangers and the manifold mischiefes of the Kingdome hath of late yeeres sustained by evill Counsellors Chancellors Treasurers â—udges Sheriffs with other corrupt publike Officers to make but a modest claime by way of petition of this their undoubted ancient right nor any dishonour for his Maiesty nor disparagement to his Royall Prerogative to condiscend to their request herein it being both an honour and benefit to the King to be furnished with such faithfull Counsellors Officers Iudges who shall cordially promote the publike good maintaine the Lawes and subiects Liberties and doe equall iustice unto all his people according to their oathes and duties unfaithfull and corrupt officers being dangerous and dishonourable as well to the King as Kingdom as all now see and feele by wofull experience In few words If the Chancellors Iudges and other Officers power to nominate three persons to be Sheriffe in every County annually of which his Majesty by law is bound to pricke on â—lse the election is void as all the Iudges of England long since resolved and their authority to appoint Iustices of the Peace Escheators with other under Officers in each shire be no impeachment at all of the Kings prerogative as none ever reputed it or if both Houses ancient priviledge to make publike Bills for the publike weale without the Kings appointment and when they have voted them for lawes to tender them to the King for his royall assent be no diminution to his Soveraignty then by the selfe-same reason the Parliaments nomination or recommendation of Counsellors State-officers and Iudges to his Maiesty with a liberty to disallow of them if there be iust cause assigned can be no encroachment on nor iniury at all to his Maiesties Royalties it being all one in effect to recommend new Lawes to the King for his royall assent when there is need as to nominate meet Officers Counsellors Iudges to him to see these Lawes put in due execution when enacted So that upon the whole matter the finall result will be That the Parliaments claime of this their ancient right is no iust ground at all on his Maiesties part to sever himselfe from his Parliament or to be offended with them much lesse to raise or continue a bloody warre against them That the King hath no absolute Negative voyce in the passing of Bills of Common Right and Iustice for the publike good THe fourth great Objection or Complaint of the King Malignants Royallists against the Parliament is That they deny the King a negative Voyce in Parliament affirming in some Declarations That the King by his Coronation Oath and duty is bound to give his royall assent to such publike Bills of Right and Iustice as both howses have voted necessary for the common wealth or safety of the Realme and ought not to reject them Which is say they an absolute deniall of his royall Prerogative not ever questioned or doubted of in former ages To this I answer first in generall That in most proceedings and transactions of Parliament the King hath no casting nor absolute negative voyce at all as namely in reversing erronious Iudgments given in inferiour Courts damning illegall Pattents Monopolies Impositions Exactions redressing removing all publike grievances or particular wrongs complained of censuring or judging Delinquents of all sorts punishing the Members of either house for offences against the Houses declaring what is Law in cases of difficulty referred to the Parliament of which there are sundry presidents In these and such like particulars the King hath no swaying negative voice at all but the houses may proceed and give Iudgement not only without the Kings personall presence or assent as the highest Court of Iustice but even against his personall Negative vote or dissassent in case he be present as infinite examples of present and former times experimentally manifest beyond all contradiction Nay not only the Parliament but Kings Bench Common Pleas Chancery and every
Rebellion nor Trespasse in the Barons against the king or kingdome but a warre for the honour of God the salvation of the king the maintenance of his Crowne the safety and common profit of â—ll the Realme much more must our Parliaments present defensive warre against his Majesties 〈◊〉 Councellors Papists Malignants Delinquents and men of desperate fortunes risen up in Armes against the Parliament Lawes Religion Liberties the whole Kingdomes peace and welfare be so too being backed with the very same and farre better greater authority and more publike reasons then their warre was in which the safety of Religion was no great ingredient nor the preservation of a Parliament from a forced dissolution though established and perpetuated by a publike Law King Henry the 4 th taking up Armes against King Richard and causing him to be Articled against and judicially deposed in and by Parliament for his Male-administration It was Enacted by the Statute of 1. Hen. 4. cap. 2. That no Lord Spirituall nor Temporall nor other of what estate or condition that he be which came with King Henry into the Realme of England nor none other persons whatsoever they be then dwelling within the same Realme and which came to this King in aide of him to pursue them which were against the Kings good intent and the COMMON PROFIT OF THE REALME in which pursuite Richard late King of England the second after the Conquest was pursued taken and put in Ward and yet remaineth in Ward be impeached grieved nor vexed in person nor in goods in the Kings Court nor in none other Court for the pursuites of the said King taking and with-holding of his body nor for the pursuits of any other taking of persons and cattells or of the death of a man or any other thing done in the said pursuite from the day of the said King that now is arived till the day of the Coronarion of Our said Soveraigne Lord Henry And the intent of the King is not that offendors which committed Trespasses or other offences out of the said pursuits without speciall warrant should be ayded nor have any advantage of this Statute but that they be thereof answerable at the Law If those then who in this offensive Warre assisted Henry the 4 th to apprehend and depose this perfidious oppressing tyrannicall king seduced by evill Counsellors and his owne innate dis-affection to his naturall people deserved such an immunity of persons and goods from all kinds of penalties because though it tended to this ill kings deposition yet in their intentions it was really for the common profit of the Realme as this Act defines it No doubt this present defensive Warre alone against Papists Delinquents and evill Counsellors who have miserably wasted spoiled sacked many places of the Realme and fired others in a most barbarous maner contrary to the Law of Armes and Nations and labour to subvert Religion Laws Liberties Parliaments and make the Realm a common Prey without any ill intention against his Majesties Person or lawfull Royall Authority deserves a greater immunity and can in no reasonable mans judgement be interpreted any Treason or Rebellion against the king or his Crowne in Law or Conscience In the 33. yeare of king Henry the 6 th a weake Prince wholly guiâ—ed by the Queene and Duke of Somerset who ruled all things at their wills under whose Government the greatest part of France was lost all things went to ruine both abroad and at home and the Queene much against the Lords and Peoples mindes preferring the Duke of Sommerset to the Captain ship of Calice the Commons and Nobility were greatly offended thereat saying That he had lost Normandy and so would he doe Calice Hereupon the Duke of Yorke the Earles of Warwicke and Salisbury with other their adherents raised an Army in the Marches of Wales and Marched with it towards London to suppresse the Duke of Sommerset with his Faction and reforme the Governement The king being credibly informed hereof assembled his Host and marching towards the Duke of Yorke and his Forces was encountred by them at Saint Albanes notwithstanding the kings Proclamation to keepe the Peace where in a set Battell the Duke of Somerset with divers Earles and 8000. others were slaine on the kings part by the Duke of Yorke and his companions and the king in a manner defeated The Duke after this Victory obtained remembring that he had oftentimes declared and published abroad The onely cause of this War to be THE ADVANCEMENT OF THE PVBLIKE WEALE and TO SET THE REALME IN A MORE COMMODIOVS STATE and BETTER CONDITION Vsing all lenity mercy and bounteousnesse would not once touch or apprehend the body of King Henry whom he might have slaine and utterly destroyed considering that hee had him in his Ward and Governance but with great honour and due reverence conveyed him to London and so to Westminster where a Parliament being summoned and assembled soone after It was therein Enacted That no person should either judge or report any point of untruth of the Duke of Yorke the Earles of Salisbury and Warwicke For comming in Warlike manner against the King at Saint Albanes Considering that their attempt and enterprise Was onely to see the Kings Person in Safeguard and Sure-keeping and to put and Alien from Him the publike Oppressors of the Common wealth by whose misgovernance his life might be in hazard and his Authority hang on a very small Thred After this the Duke anâ— these Earles raised another Army for like purpose and their owne defence in the 37 and 38 yeares of H. 6. for which they were afterwards by a packed Parliament at Coventree by their Enemies procurement Attainted of high Treason and their Lands and Goods confiscated But in the Parliament of 39. H. 6. cap. 1. The said attainder Parliament with all Acts and Statutes therein made were wholly Reversed Repealed annulled as being made by the excitation and procurement of seditious ill disposed Persons for the accomplishment of their owne Rancor and Covetousnesse that they might injoy the Lands Offices Possessions and Goods of the lawfull Lords and liege People of the King and that they might finally destroy the said lawfull Lords and Liege People and their Issues and Heires forever as now the Kings ill â—ounseilors and hungry Cavalleers seek to destroy the Kings faithfull Liege Lords and People that they may gaine their Lands and Estates witnesse the late intercepted Letter of Sir Iohn Bâ—ooks giving advise to this purpose to his Majestie and this Assembly was declared to be no lawful Parliament but a devillish Counsell which desired more the destruction then advancement of the Publike weale and the Duke Earles with their assistants were restored and declared to be Faithful and Lawful Lords and Faithful liege People of the Realme of England who alwaies had great and Fathfull Love to the Preferrement and Surety of the Kings Person according to their Duty If then these two Parliaments acquitted
manus meas devenient sine difficultate restituere procurabo Ad hanc autem pertinent tota terra quae est de Radicafano usque ad Ceperanum Exarcatus Ravenna Pentapolis Marchiae Ducatus Spoletanus terra Conitissâ—e Mathildis Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI Has omnes propossâ— mâ—â— restituam quietè dimittam cum omne jurisdictionâ— districtâ— honore suo Verunt amen cum adrecipiendam Coronam Imperij vel pro necessitatibuâ— Ecclesia Romanaâ— ab Apostolica sede vocatus accessero demandato summi Pontifâ—â—â—â— ab illis terris praestationes accipiam Praetereà adjutor ero ad retinendum defendendum Ecclesiae Romanae REGNVM SICILIAE Tibi etiam Domino meo Innocentio Papae Successoribus tuis omnem obedientiam honorific entiam â—xhibeo quam devoti Catholiâ—i Imperatores consueverunt Sedi Apostoliâ—ae exhibere Stabo etiam ad consilium arbitrium tuum de bonis â—onsuetudinibus populo Romano servandis exhibendis de negotio Tusciae Lombardiae Et si proptâ—r negotium meum Romanam Ecclesiam oportuerit inâ—urrere guerram subveniam ei sicut necessitas postulaverit in expensis Omnia vero praedictatâ—m juramento quam scripto firmaâ—o cum Imperij Coronam adeptus fuero Actum Aquis-Grani Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto mense Marcy Regni nostri septimo William Rishanger Monk in the Abbey of Saint Albane in England continueâ— of the History of Matthew Paris observeth under the year 1263. that the king of England Henry the third and the Barons of England who made warre upon him committed their whole difference and quarrell to be judged by the Parliament of France Vt pax reformaretâ—r inter Regem Angliae Barones ventum est ad istud ut Rex pâ—oceres se submitterent ordinationi Parliamenti Regis Franâ—ae in the time of Saint Lewis in prâ—emissis provisionibus Oxoniae Nec non pro depraedationibus damnis utrobique illatis Igitur in crastino S. Vincentij congregato Ambianis populopene innumerabili Rex Franciae Ludovicus coram Episcopis Comitibus alijsque Francorum proceribus solâ—mniter dixit sententiam pro Rege Angliae contra Barones statutis Oxoniae provisionibus ordinationibus ac obligationibus penitus annullatis Hoâ— 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 repassed back into England after the Parliament as the same Monk speaketh Thus Favine 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 holding 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 Regencie 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 Councellors he should entertain c. with many other such bigge words After which there was a Deâ—ree 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 Paliament in generall complained much of this Decree the kings learned Counâ—â—ll refuse to carry or cause it to be read in Parliâ—ment 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 Reign 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 â—undry 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 Councellâ—rs 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 suâ—â—er such good and loyall subjects to be supprest by such a conspiracie Vpon this the king and Q. Mother through advise of these ill Counsellors raise an Army declare these Princes and Nobles Rebels and Traitors if they submit not by a day wherupon they Arm raise Forces in their own the publikes defence and being at Noyon concluded That as their Armes were levyed forthe maintenance of the Crown so they should be maintained by it to the which end they seized on the kings Rents and Revenues in sundry places Mean while the Protestants being assembled in a generall Synod at Grenoble Marsh. Desdiguires makes an Oration to them to disswade them from opposing the mariage with Spaiâ— wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of Religion and Liberties We have leisure to see the storme come and to prepare for our own preservation Finally having continued constant in our Duties if they seek to deprive us of our Religien and to take that from us wherein our libertie and safetie depends purchased by the blood of our Fathers and our own and granted unto us by that great King Henry the fouâ—th the restorer of France we shall enter into this comerce full of justice and true zeale finde againe in our breasts the courage and vertue of our Ancestors We shall be supported IN OVR JVST DEFENCE
upon demand he raiseth a great Army and takes his Castle On this the King upon better consideration did againe promise and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at the day and place appointed he holds a great conference with the Lords But the evill Counsellers he followed suffered him not to make good his promise For when divers there present greatly in the Kings favour with sundry Preachers and Fryers whom the King was wont to reverence and hearken to Humbly beseeched and earnestly exhorted the King to make peace with his Barons and Nobles and to embrace them with due affection being his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manours Woods Parkes Ponds and being led and seduced by evill Counsels lesse regarded his faithfull Subjects whose native blood would not permit them to bow downe than Forainers and which is worse called them Traytors by whom he ought to settle the peace order the Counsels and dispose the affaires of his kingdome The Bishop of Winchester offended it seemes at Peeres takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Iusticiars as himselfe pleaseth to ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent speech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellers of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse not themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that perturbed the peace of the Realme and so the hoped Accomodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces fell pell mell upon the Kings Army slew divers of his Forrainers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund Arch-Bishop of Canterbury elect with other suffragan Bishops bewailing the estate of the kingdome presented themselves before the King at Westminster telling him as his loyall liegeman and O that some Bishop or faithfull person if there be any such about his Majesty would now deale thus clearely with him touching his evill Counsellors That the Counsell of Peter Bishop of Winchester and his complices which now he had and used was not sound nor safe but evill and dangerous to himselfe and his Realme First for that they hated and despised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the people from him as in the Earle Marshall whom being one of the worthiest men of the Land by sowing false tales they drave into discontentment Secondly that by the Counsell of the said Peter his Father King Iohn first lost the hearts of his people then Normandy then other lands and finally wasted all his treasure and almost England also and never after had quiet Thirdly that if the Subjects had now beene handled according to Justice and law not by their ungodly Counsels these present troubles had not hapned but the Kings lands had remained undestroyed his treasure unexhausted Fourthly that the Kings Councell is not the Councell of peace but of perturbation because they that cannot raise themselves by peace must raise themselves by the troubles dis-inherison of others Fifthly that they had the Treasure Castles Wardships and strength of the kingdome in their hands which they insolently abused to the great hazard of the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we O King speake of these things faithfully unto you in the presence of God and man and doe counsell beseech and admonish you to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faithfull and sworne children thereof To which the King in briefe answered That he could not suddainely put off his Councell and therefore prayed a short respite Nothing had hitherto preserved the King more Than that he could without griefe forgoe any favorites if he were nearely pressed the contrary quality whereof hath beene the cause of finall desolation to so many Princes For though choyce of Counsellers be for the most part free yet by common intendment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love of a whole Nation rather than to relinquish or diminish a particular dependance for which the publique must not be hazarded 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 deprives them of their Offices and puts good men in their places and commands all Poictovians and Foraine Forces to depart the Realme receives all his Nobles unto favour restoring them to their lost Offices Lands Castles admits them into his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And for Peter Rivales his Treasurer he was so incensed against him for his ill Counsell that he sware he would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster the King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye spake thus to him O thou Traytor by thy wicked advise I was drawne to set my Seale to those Treacherous Letters for the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Counsell I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy complices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which enterprise I wasted my Treasure and lost many worthy persons together with much of my Royall respect Therefore I exact of thee an accompt and thou shalt be carryed to the Tower of London to deliberate till I am satisfied And thus were these civill warres and differences reconciled ill Counsellors removed enormities reformed Delinquents punished not without reducing store of coyne to the King and peace established in the kingdome Which History I have more largely recited because most of its passages are Parallel to the Kings and his evill Counsellors present proceedings on the one hand and to the Parliaments in some sort on the other hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour and just punishment of all ill counsellors Cavalieres and Delinquents the
contentment of all good Subjects joy and re-establishment of our peace in truth and righteousnesse To end the point proposed Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London But many of the Lords refused to come pretending causes and impediments by which their absence might well be excused and so this Parliament tooke no effect and nothing was done therein In this particular then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parliament Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wils Thus the Barons Prelates and Commons by open warre and Armes enforced both King Iohn and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking a solemne Oath one after another at Saint Edmonds upon the High Altar 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves from their Allegiance to him untill he should confirme to them by a Charter ratified with his Scale all things which they required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleeved he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforced King Iohn thus to ratifie these Charters for the better maintenance of them they elected 25. Barons to be the Conservators of their Priviledges who by the Kings appointment though much against his liking as afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe these Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obey the commands of the 25. Barons After this Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lords came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres and the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea-ports to be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof were these That the King should firmely keepe and conserve the Charter and Liberties of England which King John his Father made granted and ratified with an Oath and which himselfe had so often granted and sworn to maintaine inviolable and caused all the infringers of it to be horribly excommunicated by all the Bishops of England in his owne presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be made their Chiefe Iustice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honour of the King and kingdome To these their necessary Counsels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not desist to prosecute their purpose neither for losse of money or Lands nor love nor hate no nor yet for life or death of them or theirs till they had cleared England to which they and their forefathers were borne from upstarts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely armed that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath and his Sonne Prince Edward also that he would submit to their Counsels and all those their Ordinances for feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Which done all the Peeres and Prelates took their Oath To be faithfull to this their Ordinance and made all who would abide in the Kingdome to swear they would stand to the triall of their Peeres the Arch-Bishops and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger brother comming soone after into England to visit the King and his own Lands the Barons enforced him according to his promise sent them in writing before his arrivall to take this Oath as soone as he landed in the Chapter-house at Canterbury Hear all men that I Richard Earle of Cornewal swear upon the holy Gospels to be faithfull and forward to reforme with you the Kingdome of England hitherto by the Counsell of wicked men so much deformed And I will be an effectuall coadjutor to expell the Rebels and troublers of the Realm from out of the same This Oath will I observe under paine to forfeit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their jurisdictions to preserve themselves and the kingdome from slavery and desolation whom Matthew Paris his continuer for this service stiles Angliae Reipublicae Zelatores the Zelots of the English Republicke Neither is this their example singular but backed with other precedents In the second and third yeares of King Edward the second Piers Gavesâ—on his great proud insolent covetous unworthy Favorite miscounselling and seducing the young King from whom he had been banished by his Father swaying all things at his pleasure the Peers and Nobles of the Realme seeing themselves contemned and that foraine upstart preferred before them all came to the King and humbly entreated him That he would manage the Affaires of his Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incumbent dangers the King Voce tenus consented to them and at their instance summoned a Parliament at London to which he commanded all that ought to be present to repaire Where upon serious debate they earnestly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and to the Church of England The King imagining that they would order Piers to be banished a long time denied to grant their demand but at last at the importunate instance of them all he gave his assent and swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much
subject to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater than he in the Kingdome in the exhibition of Justice yet he OUGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING JUDGEMENT if he require it 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 he is Gods Minister and Vicar nisi id solum quod de jure potest but that onely which he can doe by Law That God the Law and his Court to wit the Earles and Barons in Parliament are above the King and ought to bridle him and are thence called Comites because they are the Kings Companions Fleta an ancient Law-booke written in King Edward the third his Reigne l. 3. c. 3. 17. useth the selfe-same words that Bracton doth and concludes That the King hath a Superior to wit God and the Law by which he is made a King and his Court of Earles and Barons to wit the Parliament Fortescue a Lawyer Chancellour to King Henry the sixt proves at large That the King of England cannot alter nor change the Lawes of his Realme at his pleasure for why be governeth his people by power not onely Royall but Politique If his power over them were royall onely then he might change the Lawes of his Realme and charge his Subjects with tallage and other burthens without their consent and such is the Dominion the Civill Lawes purport when they say The Princes pleasure hath the force of a Law But from this much differeth the power of a King whose Government over the people is Poâ—itique For HE CAN NEITHER CHANGE the LAW without the consent of his Subjects NOR YET CHARGE THEM WITH STRANGE IMPOSITIONS AGAINST THEIR WILL. Wherefore his people doe frankely and freely enjoy and recover their owne goods BEING RULED BY SUCH LAWES AS THEMSELVES DESIRE neither are they pilled off their their owne King or any other Like pleasure also should the Subjects â—ave of a King ruling onely by Royall power sol ong as he falleth not into tyranny St. Thomas in the Booke he wrote to the King of Cyprus justifieth the State of a Realme to be such that it may not be in the Kings power to oppresse his people with tyranny which thing is perfomed onely when the power Royall is restrained by power Politique Rejoyce then O Soveraigne Prince and be glad that the Law of the Realme wherein you shall succeed is such for it shall exhibit and minister to you and your people no small security and content Chap. 10 11 12. He showes the different sorts of Kings or kingdomes some of greater others of lesser power some elective others successive proceeding meerely from the peoples free consents and institution and that the ancient Aegyptian Aethiopian and other Kings were subject to and not above their Lawes quoting sundry passages out of Aristotle concerning the originall of kingdomes Chap. 13. He proceeds thus A People that will raise themselves into a kingdome or other Politique body must ever appoint one to be chiefe Ruler of the whole body which in kingdomes is called a King In this kinde of Order as out of an Embryo ariseth a body naturall ruled by one head because of a multitude of people associated by the consent of Lawes and communion of wealth ariseth a kingdome which is a body mysticall governed by one man as by an head And like as in a naturall body the heart is the first that liveth having within it blood which it distributeth among the other members whereby they are quickned semblably in a body Politique THE INTENT OF THE PEOPLE is THE FIRST LIVING THING having within it blood that is to say Politique provision for the Utility and wealth of the same people which it dealeth forth and imparteth AS WELL TO THE HEAD as to the Members of the same body whereby the body is nourished and maintained c. Furthermore the Law under which a multitude of men is made a people representeth the forme of sinews in the body naturall because that like as by sinews the joyning of the body is made sound so by the Law which taketh the name a Ligando from binding such a Mysticall body is knit and preserved together and the members and bones of the same body whereby is represented the soundnesse of the wealth whereby that body is sustained doe by the Lawes as the naturall body by sinewes retaine every one their proper function And as the head of a body naturall cannot change his Sinewes nor cannot deny nor with-hold from his inferiour members cheir proper powers and severall nourishments of blood SO NEITHER CAN THE KING who is the head of the Politique body CHANGE THE LAWES OF THAT BODY nor with-draw from the said people THEIR PROPER SUBSTANCE AGAINST THEIR WILLS OR CONSENTS For such a King of a kingdome politique is made and ordained for THE DEFENCE OF THE LAWES OF HIS SUBJECTS and of their bodies and goods WHEREUNTO HE RECEIVETH POWER OF HIS PEOPLE SO THAT HEE CANNOT GOVERNE HIS PEOPLE BY ANY OTHER LAW Chap. 14. be addes No Nation did ever of their owne voluntary minde incorporate themselves into a kingdome FOR ANY OTHER INTENT BUT ONELY TO THE END that they might thereby with MORE SAFETY THEN BEFORE MAINETAINE THEMSELVES and enjoy THEIR Goods free from such misfortunes and losses as they stood in feare of And of this intent should such a Nation be defrauded utterly IF THEIR KING MIGHT SPOYLE THEM OF THEIR GOODS WHICH BEFORE WAS LAWFULL FOR NO MAN TO DOE And yet should such a people be much more injured if they should afterwards be governed by Foraine and strange Lawes and such peradventure as they deadly hated and abhorred and most of all if by those Lawes their substance should be diminished for the safeguard whereof as also for their honour and of their owne bodies THEY OF THEIR OWNE FREEWILL SUBMITTED THEMSELVES TO THE GOVERNEMENT OF A KING NO SUCH POWER FREELY COULD HAVE PROCEEDED FROM THEM and yet IF THEY HAD NOT BEENE SUCH A KING COULD HAVE HAD NO POWER OVER THEM And Chap. 36. f. 86. He concludes thus The King of England neither by himselfe nor his Ministers imposeth no Tallages Subsidies or any other burthens on his Lieges or changeth their Lawes or make new ones without the concession or assent OF HIS WHOLE KINGDOME EXPRESSED IN HIS PARLIAMENT Thus and much more this Learned Chancellour in point both of Law and Conscience sufficient to stop the mouthes of all Malignant Lawyers and Royalists being Dedicated to and approved by one of our devoutest Kings and written by one of the greatest and learnedest Officers of the Kingdome in those dayes In few words Raphael Holinshed Iohn Vowell and others in their Description of England Printed Cum Privilegio resolve thus of the Parliaments power This House HATH THE
in Westminster Church comming to the High Altar before the Clergy and people tooke this solemne Oath upon the Holy Evangelists and many Saints reliques 1. That all the dayes of his life he would be are peace honour and reverence to God and holy Church and the ordinances thereof 2. That to the people committed to his charge he would exercise Right Iustice and Equity 3. That he would abolish naughty Laws and Customes if any were brought upon his kingdome and would enact good Lawes and thesame in good sort keepe and without Mal-engin Which Oath most solemnely taken Baldwin Arch-bishop of Canterbury standing at the Altar forbad him in the name of Almighty God to assume that honour UNLESSE HE HAD A FULL PURPOSE TO KEEPE WHAT HE HAD SWORNE Whereunto Richard ASSENTING and promising by Gods helpe to performe all the premises WITHOUT FRAUD With his owne hand humbly taking the Imperiall Crowne from the Altar delivered it to the Archbishop who set it on his head King Richard deceasing Iohn his younger Brother to put by Arthur the next heire to the Crowne came speedily out of Normandy into England where the great assembly at Northampton to preserve their Rights and Liberties were content to accept of him for their King to yeeld fealty and keepe faith and Peace to King Iohn upon condition onely if he would restore to every of them their Rights which he afterwards violating it was the occasion of great dissentions Comming to London to be Crowned Hubert Archbishop of Canterbury the Pillar of the Common-wealths stability and incomparable for deepe reaching wisedome steps forth in the midst of all the Bishops Lords Barons and others there assembled at his Coronation and spake thus unto them Heare yee all you are in discretion to know that no man hath right or any other fore-title to succeed another in a kingdome unlesse first with invocation for grace and guidance of Gods Spirit he be BY THE BODY OF THE KINGDOME THEREUNTO CHOSEN and be indeed some choyce man and picked out for some eminency of his vertues according to the example and similitude of Saul the first anointed King whom God set over his people though neither the Sonne of a King nor of any royall descent So after him likewise David the son of Iesse the one for being valorous and a person fitting Royall dignity the other for being holy and humble minded To shew that whosoever in a kingdome excelleth all in valour and vertue ought to surmount all in Rule and Authority yet so as that if any of the Of-spring of a deceased King surpasseth others it is fit joyntly to consent in election of such a one This therefore we have spoken in favour of eminent Earle John who is present the Brother of our most illustrious King Richard now deceased wanting an heire of his body whom being provident valiant and truely noble we having invocated the grace of the holy Spirit have all unanimously ELECTED as well in regard of his Merits as of his royall Blood Neither durst any doubt or demurre on these things knowing that the Arch-bishop had not thus defined without cause Wherefore Earle Iohn and all men approving this speech they ELECTED and ASSUMED the Earle for their King and cryed out saying Let the King live But the Arch-bishop being afterwards demanded why he had spoken these things answered That he was assured by some divining foresight that King John would worke the ruine of the kingdome corrupt the Crowne and precipitate it into great confusion And that he might not have the reines free to doe this he OUGHT TO BE CHOSEN BY ELECTION NOT BY SUCCESSION King Iohn at this his Coronation was involved in a threefold Oath namely That hee should love holy Church and its Ministers and preserve it harmelesse from the incursion of Malignants That abolishing perverse Lawes he should substitute good ones and exercise Right judgement in the kingdome of England After which he was adjured by the Arch-bishop in the behalfe of God and strictly prohibited not to presume to accept this honour unlesse he fully purposed in his minde actually to fulfill what he had sworne To which he answering promised that by Gods assistance he would bona fide keepe those things which he had sworne After which he rightly setled the affaires of England by the counsell of his Nobles and then passed over into Normandy But how ill he kept this his Oath with others of this nature and how he violated the Statutes of Magna Charta and De Foresta which he had confirmed with his hand seale Oath Proclamations the Bishops Excommunications yea the Popes Bull within three moneths after he had confirmed them and procured a dispensation of his Oath an abrogation of these Lawes from the Pope making bloody warres upon his Barons and Subjects who confiding to those confirmations and royal promises expected no such strange performances spoyling robbing destroying his people every where in the selfe-same manner as we now are plundered the Histories of his life too manifestly relate which oft put his Crown in danger of utter losse Lewis of France being Crowned King by the Barons in his stead who renounced their allegiance to him for his perjuries and breach of faith and making warre upon them Iohn departing this life his son Henry being but 9. yeares old was proclaimed King through the perswasion of the Earle Marshall and of Pembroke afterwards made his Protector who informed the Lords and Commons that though King Iohn for his evill demeanours deserved their persecution and losse of his Cowne yet his young child tender in yeares was pure and innocent from his Fathers doings Wherefore sith every man is to be charged with the burthen of his owne transgressions neither shall the childe as Scriptures teach beare the iniquity of his Fathers they ought of duty and conscience to beare themselves mildly towards this tender Prince and take compassion of his age And for as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt assistance APPOINT HIM our King and Governour let us reneunce from us Lewys the French Kings Sonne and suppresse his people which are a confusion and shame to our Nation and the yokes of their Servitude let us cast from our shoulders Upon which perswasionâ— Henry was presently proclaimed and Crowned King at Glocester And though he were but an infant yet being set before the High Altar he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques Ioceline Bishop of Bath dictating the Oath That he would beare honour peace and reverence to God to holy Church and Priests all the dayes of his life He likewise swore that he would maintaine right justice among the People committed to his charge And that he would blot out ill Lawes and unjust customes if there should be any in the kingdome and observe good ones and cause them to be kept by all men
irregularities I make no question that they would have joyntly answered as I doubt not but our Parliaments Kingdomes and all other Nations were they at this day to institute their preerected Principalities and Kings would answer to that they had never any imagination to erect such an absolute eternall unlimited uncontrollable irresistable Monarchy and plaine tyranny over them and that they ever intended to reserve the absolute originall Soveraigne Jurisdiction in themselves as their native hereditary priviledge which they never meant to divest themselves of that so by means thereof if their Princes should degenerate into Tyrants they might have a just authority power and remedy residing in them whereby to preserve themselves the Nation Kingdome from utter desolation ruine and vassalage An impregnable evidence that the whole Kingdom and Parliament representing it are the most Soveraign power and above the King himselfe because having the supream Jurisdiction in them at first they never totally transferred it to our Kings but reserved it in themselves which is likewise further confirmed by that notable passage of Philocheus Archilacus in his Somnium Viridarii c. 171. Royall power is instituted three manner of wayes First by the will and pleasure of the people because every people wanting a King of their own not being subject to the Emperour or some other King MAY BY THE LAW OF NATIONS MAKE THEMSELUES A KING 94. Dist. c. Legitima If a Royall Principality be thus instituted as it is in the proper pleasure and power of the people to ordaine that the King shall be either Successive of Elective so it is in their pleasure to ordaine That Kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation or any other solemnity or that they shall receive this power onely by their Coronation or any other solemnity about him Thereason whereof is Because as every one in the delivery of the gift of his owne goods may impose what covenant or condition he pleaseth and every man is moderator and disposer of his owne estate so in the voluntary institution of a King and Royall Power IT IS LAWFULL FOR THE PEOPLE SUBMITTING THEMSELUES TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE so as it be not unreasonable and unjust and directly against the rights of a Superiour Therefore lawfull to reserve â—he Soveraigne Power in and to themselves and not to transfer it wholly to their Kings 14 There is one cleare Demonstration yet remaining to prove the supreme power of Parliaments above Kings themselves which is this That the Parliament is the highest Court and power to which all Appealâ—s are finally to be made from all other Courts and Iudges whatsoever yea from the Kings own personall resolution in or out of any other his Courts and such a transcendent â— ribunall from whence there is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous Judgement be given in the Kings Bench Exchequer-Chamber Chancery Court of Wards or any other Court within the Realm or in the Parliament in Ireland it is finally to be reversed or determined in Parliament by a Writ of Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Dâ—legates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediable in this high Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any Judgement it is not so obligatory or finall but that the party against whom Judgement is pronounced may appeale to the Parliament for reliefe as Seneca epist. 100. out of Tully de Repub. Fenestella Hugo Grotius de jure Belli l. 1. c. 4. s. 20. p. 65. record that among the Romanes in certain causes they might appeale from the King to the people But if the Parliament give any Judgement There can be no appeale to any higher Tribunall Court or person no not to the King but onely to the next or some other Parliament as is evident by experience by all Attainders of Treaâ—on by or in Parliament by all inconvenient and unjust Acts passed in Parliament which concerne either King or Subject which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter from the King but onely by an act of repeale or restitution in another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to whom the last appeale is to be made is the Supreamâ—st power as the Kings Bench is above the Common Pleas the Eschequer Chamber above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finalâ— Judges of it Not to give you any instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our King Iohn condemned to death by a Parliament in France by French Peers for slaying his Nephew Arthur treacherously with his own hands and likewise to lose the crown of England or bow Henry the third K. Edward the first and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip. Nor yet to mention how the Parliaments and generall assembly of the estates of France have
by these men for these be those which brought me into this lamentable plight and the misery thou seest me in A memorable strange speech of a distracted Prince And thus the Emperour Wenceslaus was likewise deposed by the Princes electors of the Empire For besotting himself so with pleasures c. as that he became altogether unfit for the government and a man unprofitable for the Empire and Christian Common-wealth and Rupert Count Palatine of Rhine and Duke of Bavaria was elected Emperour in his stead The like no doubt might be lawfully done here in England by the whole Kingdom and Parliament if any such cases of incurable folly or frenzy should befall any of our Kings who might then either create a Lord Protector to govern both King or Kingdom during such disabilities of Government in the King as Childricke for a time before his deposition was governed and over-ruled in all things by the Marshall of the Palace or else Crown the next Heir King if he be capable to Govern Yea in the time of our Saxon Kings when the right Heir was an Infant unable to govern the Crown usually descended to the next Heir of full age Hence Wibba King of Mercia deceasing Penda his son being an Infant the Crown descended to his Nephew Câ—orl of full age after whose death Penda being of ripe age inherited the Kingdom So King VVulfcher deceasing leaving his son Kenred within age his Brother Ethelred succeeded him who resigning his Crown and turning Monke after he had Reigned 30. yeers Kenred then of full age enjoyed the Crown So Ethelfred King of Northumberland dying Edelwald his Brother entred the Government and Reigned Aldulfe Ethelherds son being then a minor who enjoyed not the Crown till after Edelwalds death So Casseâ—elan succeeded Lud his Brother in the Kingdom of Britain Luds sons being too young and insufficient to Reign The like was very usuall in Scotland of which there are divers presidents in Grafton Hector Boetius and Buchanan which I pretermit All which particulars laid together are a most clear unanswerable demonstration that the Soveraignest power and Jurisdiction of all others resides in the whole Kingdom and Parliament not in the King himself since they may thus dispose of the very Crown it self and are the sole and onely supream Judges to determine all controversies all titles which concern it The King alone having no power to transfer it to any other without the Lords and Commons free consents as was resolved in the case of King Iohn who resigned and granted his Crown to the Pope without the Kingdoms consent and therefore the resignation and grant were adjudged void not onely by the French King and his Lords but by our own Parliament as you may read in 40. Ed. 3. Nu. 8. and in Doctor Crakenthorpe Of the Popes temporall Monarchy Cap. 2. p. 251. to 255. I shall conclude this point with the words of this memorable Record The Prelates Dukes Counts and Barons being in the white Chamber and the Commons in the Painted Chamber it was shewed unto them by the Chancellour how they had understood the cause of the Summons of Parliament in generall but the will of the King was that the causes should be shewed unto them in speciall telling them how the King had understood that the Pope by vertue of a Deed which he said that King John had made to the Pope to do him homage for the Kingdom of England and the land of Ireland and that by reason of the said homage that he ought to pay him every yeer perpetually one thousand Marks and that he purposeth to make out Processe against the King and his Realm for the said Service and Rent concerning which the King prayed the advice and counsell of the Prelates Dukes Earles and Barons and what he should do in case the Pope would proceed against him for this cause or against the said Realm And the Prelates prayed the King that they might thereupon advise alone by themselves and return their answer the next morning which Prelates by themselves the next morning and after the said Dukes Earls Barons and great men answered and said That the said King John NOR NO OTHER MIGHT PUT HIMSELF NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THE ASSENT AND ACCORD OF THEM And the Commons being advised and consulted with thereupon answered in the same manner Whereupon it was ordained and assented BY COMMON CONSENT in manner following In this present Parliament held at Westminster the Munday next after the Invention of holy Crosse in the yeer of the reign of King Edward the 40. as well to maintain the estates of holy Church as the rights of his Realm and his Crown it hath been shewed amongst other things how it hath been reported and said that the Pope by vertue of a Deed which he said that the said John late King of England had made to the Pope in perpetuity to do him homage for the realm of England and land of Ireland and by reason of the said homage to render to him an Annuall rent and hath purposed to make Processe against the King for to recover the said Services and rent The which thing being shewed to the Prelates Dukes Earls Barons and the Commons to have their advice and counsell thereupon and to demand of them what the King should do in case that the Pope should proceed or attempt any thing against him or his Realm for this cause Which Prelates Dukes Earles Barons and Commons having taken full deliberation thereupon answered and said OF ONE ACCORD That the said King John NOR NO OTHER MIGHT PUT THEMSELVES NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THEIR ASSENT And as it appears by many evidences that if it were done it was done WITHOUT THEIR ASSENT AND AGAINST HIS OATH IN HIS CORONATION And moreover that the Dukes Earls Barons great men and Commons accorded and granted That in case the Pope would endeavour or attempt any thing by Processe or any other act to constrain the King or his Subjects to perform what is said he will claim in this behalf That THEY WILL RESIST AND OPPOSE HIM WITH ALL THEIR MIGHT And before this in the great Councell of Lyons the Proxies and Procurator of the Church and realm of England in the name of the whole Realm complained and protested against this grant of King Iohn as a meer Nullity BECAUSE IT WAS MADE WITHOUT THE CONSENT OF THE REALM AND LORDS which neither did do nor ever after would consent thereto as I have elsewhere proved This being the common received opinion of all Civilians and Statists That no King or Emperour can alien or engage all or any part of his Kingdom to another without his Subjects generall consents and that such an alienation or Morgage is meerly void in Law to all intents as Albert. Gent. De jure Belli l. 3. r. 15. and Hugo Grotius proves at large De jure Belli
some private Lords or Courtiers shall recommend in whom the Kingdome and Parliament in these jealous deceitfull times dare not confide The yeelding to the Parliament in this just request will remove all feares and jealousies restore our peace re-gaine his Majesty the reall affections of his discontented Subjects the persisting in the contrary course will but adde fuell to our flames feares doubts dangers and frustrate all hopes all endevours of Peace From the Militia it selfe I descend to the consequencies of its denyall the Parliaments seising upon Hull with other Ports and Forts the Royall Navy Ammunition Armes Revenues and detaining them still from his Majesty the grand difference now pretended whence the present warre hath emerged which these ensuing considerations will in a great measure qualifie if not altogether satisfie First his Majesty and all Royalists must necessarily yeeld that the Ports Forts Navy Ammunition Armes and Revenues thus seised on by the Parliament though his Majesties in point of possession yet are not his but the Kingdomes in point of right and interest they being first transferred to and placed on his Predecessors and himselfe by the Parliament and Kingdome not in right of propriety but conditionally upon trust his Majesty being but a publike Officer for the defence and safety of the Realme and though his Majesty came to them by descent yet it was but in nature of the Heire of a Feoffee in trust for the use and service of the kingdome as a King in his politicke not as a man or Proprietor in his naturall capacity as our Law Bookes Terminis terminantibus resolve Hence it hath been oft adjudged that the King can neither by his will in writing nor by his Letters Patents Devise or alien the Lands Revenues Jewels Ships Forts or Ammunition of the Crowne unlesse it be by vertue of some speciall Act of Parliament enabling him to doe it by the kingdomes generall consent and if any such alienations be made they are voyd in Law and may be yea have beene oft resumed reversed by the Parliament because they are not the Kings but kingdomes in point of intereâ—t and propriety the Kings but in possession and trust for the kingdomes use and defence Hence it is that if the King dye all his Ships Armes Ammunition Jewels Plate Debts to the Crowne Moneyes Arrerages of Rents or Subsidies Wards and Rights of presentments to voyd Churches goe onely to his Successors not to his Executors as in case of a common person because he enjoyes them not as a Proprietor as other Subjects doe but as a Trustee onely for the kingdomes benefit and defence as a Bishop Abbot Deane Mayor or such like Corporations enjoy their Lands not in their naturall but politicke capacities for the use and in the right of their Churches Houses Corporations not their owne Upon this ground King Harold pleaded his Oath and promise of the Crowne of England to William the Conquerour without the Kingdomes consent to be voyd and King Philip with all the Nobles of France and our owne Parliament 40 E. 3. rot Parâ— nu 8. unanimously resolved King Iohn his resignation and grant of the Crown and Kingdome of England to the Pope without the Nobles and Parliaments consents to be a meere nullity voyd in Law binding neither King nor Subject the Crowne and possessions of it being not the Kings but kingdomes And before this Anno Doâ— 1245. in the great Councell of Lyons under Pope Innocent to which King Henry the third sent foure Earles and Barons together with the English Prelates and one Master William Powyke an Advocate to complaine of the Popes exactions in the Councell which they did where they likewise openly protested against the annuall tribute extorted by the Pope by grant from King Iohn whose detestable Charter granting that annuall tribute was reported to be burnt to ashes in the Popes closet by a casuall fire during this Councell as a meere nullity and that in the behalfe of the whole kingdome of England EO QUOD DE REGNI ASSENSU NON PROCESSERAT because the kingdome consented not thereto and because the King himselfe could make no such Charter to charge the kingdome Which Matthew Paris thus expresseth W. De Poweric Anglicanae Vniversitatis Procurator assurgens gravamina Regni Angliae ex parte universitatis Angliae proponens satis eleganter conquestus est graviter quod tempore Belli per â—â—uriam Romanam extortum est tributum injuriose in quod nunquam patres Nobilium regni vel ipsi consenserunt nec consentiunt neque in futurum consentient unde sibi petunt justitiam exhiberi cum remedio Ad quod Papa nec oculos elevans nec vocem verbum non respondit Upon this reason l Matthew Paris speaking of King Henry the third his morgaging his kingdome to the Pope Anno 1251. for such monies as he should expend in the Warres useth this expression Rex secus quam deceret aut expediret Se suumque Regnum sub paena exhaeredationis QUOD TAMEN FACERE NEC POTUIT NEC DEBUIT Domino Papae obligavit Hence King Edward the third having the Title of the King and Crowne of France devolved to him which made some of the English feare that they should be put in subjection to the Realme of France against the Law the Parliament in the 14. yeare of his Reigne Stat. 4. passed a speciall Act declaring That the Realme of England never was nor ought to be in subjection nor in the obeysance of the Kings of France nor of the Realme of France and enacting that the King of England or his Heires by colour of his or their Titles to the Crowne Seale Armes and Title of the King of France should not in any time to come put the Realme of England or people of the same of what estate or condition soever they be in subjection or obeysance of him nor his Heires nor his Successors as Kings of France nor be subject nor obedient but shall be free and quite of all manner subjection and obeysance as they were wont to be in the time of his Progenitors Kings of England for ever By the Statute of 10 R. 2. c. 1. it is resolved That the King could not alien the Land Castles Ships Revenues Jewels and Goods of the Crowne and a Commission is thereby granted to inquire of and resume all such alienations as illegal Hence the Commons in the Parliament of 16 R. 2. c. 5. of Praemunire in their Petition to the King and the whole Parliament in and by that Law declared That the Crowne and kingdome of England hath been so free at all times that it hath beene in subjection to no Realme but immediately subject to God and to none other which by the prosecution of suites in the Court of Rome for Benefices provided against by this Act should in all things touching the Regality thereof be submitted to the Bishop of Rome and the Laws
the Lord Burnell And here upon the Prince in his owne name and of the other forementioned Lords prayed to be excused in case they could not finde sufficient to support their necessary charges And that notwithstanstanding any charge by them accepted in this Parliament that they may be discharged in the end of the Parliament in case nothing shall be granted to support their foresaid charges And because the said Prince should not be sworne by reason of the highnesse and excellency of his Honourable Person the other Lords and Officers were sworne and swore upon the condition aforesaid to goâ—erne and acquit themselves in their counsell well and faithfully according to the tenour of the first Article delivered among others by the said Commons and likewise the Iustices of the one Bench and other were sworne and tooke an Oath to keepe the Lawes and doe Iustice and equall right according to the purport of the said first Article And on the 9. of May being the last day of the Parliament The Commons came before the King and the Lords and then the Speaâ—er in the name of the said commons prayed the King to have full conusance of the names of the Lords of his Counsell and because the Lords who were named before to be of the said Counsell had taken their Oathes upon certaine conditions as aforesaid that the same Lords of the Counsell should now be newly charged and sworne without condition And hereupon the Prince prayed the King as well for himself as for the other Lords of the Counsell that forasmuch as the Bishop of Durham and Earle of Westmorland who are ordained to be of the same Counsell cannot continually attent therein as well for divers causes as are very likely to happen in the Marches of Scotland as for the enforcement of the said Marches that it would please the King to designe other Lords to bee of the same Counsell with the Lords before assigned And hereupon the King IN FVLL PARLIAMENT assigned the Bishop of Saint Davids and the Earle of Warwicke to be of his said Counsell with the other forenamed Lords and that they should bee charged in like manner as the other Lords without any condition A notable President where all the Kings Privy Counsell are nominated and elected by him in full Parliament and their names particularly declared to the Commons before they are sworne to the end that they might except against them if there were just cause who in their Petition and Articles to the King expresse in generall what persons the King should make choise of for his Counsellors and Iudges and what Oathes they should take in Parliament before they were admitted to their places Which was as much or more as this Parliament ever desired and the King may now with as much Honour and Iustice grant without any diminution of his Prerogative as this Magnanimous Victorious King Henry did then without the least deniall or delay In the fiâ—t Yeare of King Henry the fift This King undertaking a warre with France by Advise and consent of his Parliament as honourable to the King and profitable to the Kingdome toâ—which war they liberally contributed Iohn Duke of Bedford was in and by that Parliament made GOVERNOVR AND REGENT OF THE REALME AND HEAD OF THE COMMON-WEALTH Which Office he should enjoy as long as the King was making Warre on the French Nation the Summons of which Parliament issued out by this Duke in the Kings Name See H. 1. c. 1. In the Patent Rolls of 24. Hen. 6. 1 â— pars mem 16. The King grants to Iohn Duke of Exceter the Office of Admirall of England Ireland and Aqultain which Grant is thus subscribed Per breve de privato Sigillo AVCTORITATE PARLIAMENTI So that hee enjoyed that Office by apointment and Authority of the Parliament which was no set standing Office nor place of great Honour in former ages when there were many Admiralls in England designed to severall Quarters and those for the most part annuall or but of short continuance not for life as Sir Henry Spelman shewes at large in his Glossarie Title Admirallus to whom I referre the Reader and Title Heretocâ—us which Heretochs elected by the people had the command of the Militia of the Realme by Sea and Land and this word Heretoch in Saxon signifying properly a Generall Captaine or Leader as you may see there and in Master Seldenâ— Titles of Honour Pag. 605. 606. And sometimes though more rarely an Earle Count or Nobleman Earlederman or Prince Hengist and Horsa being called Heretogan in a Saxon Annall In the 1. yeare of King Henry 6. being but 9. months old when the Crowne descended the Parliament summoned by his Father Henry the 5. as Walsingham writes was continued in which By ASSENT OF ALL THE STATES Humfry Duke of Gloucester WAS ELECTED AND ORDAINED DEFNDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford and all the Offices and Benefices of the Realm were committed to his disposall In this Parliament a strange sight never before seen in England this infant king sitting in his Queen mothers lap passed in Majestick manner to Westminster and there tooke state among all his Lords before he could tell what English meant to exercise the place of Soveraigne direction in open Parliament then assembled to establish the Crowne upon him In the Parliament Rolls of the 1. yeare of this King I finde many notable passages pertinent to the present Theme of which for their rarity I shall give you the larger account Numb 1. There is a Commission in this Infant Kings name directed to his Vncle Humfrey Duke of Gloucester to summon and hold this Parliament in the Kings name and stead and commanding all the Members of it to attend the said Duke therein Which Commission being first read the Archbishop of Canterbury taking this Theame The Princes of the People are assembled with God declares 4. causes for which this Parliament was principally summoned 1. For the good governance of the person of the most excellent Prince the King 2. For the good conservation of the peace and the due execution and accomplishment of the Lawes of the land 3. For the good and safe defence of the Realme against enemies 4. To provide honourable and discreet persons of every estate for the good governance of the Realme according to Iethro his Counsell given to Moses c. Which Speech ended Numb 7. 8 9 10 11. The receivers of all sorts of Petitions to the Parliament are designed and the Speaker of the House of Commons presented and accepted Numb 12. The Lords and Commons authorize consent to and confirme the Commission made to the Duke in the Infant Kings Name to summon and hold this Parliament so that they authorize and confirme that very power by which they sate With other Commissions made under the great Seale to Iustices Sheriffes Escheators and other officers for the necessary execution of Iustice. Numb 13.
who would thus willingly ruine his Principality as of free to make it tributary of his owne to make it anothers of happy to make it miserable and to submit himself to anothers pleasure as one conquered without a wound But I have heard and read of many who with effusion and losse of much blood which was laudable have procured liberty to themselves modo autem auâ—io quod Dominus vester miser deses imbellis qui nullo null or est de libero servus fieri desiderat qui omnium mortalium miserrimus est After which he said That the King was unworthy of his Confederacie and looking on the two Knights with a sterne countenance he comâ—anded them to depart instantly out of his presence and to see his face no more whereupon they departing with shame hee charged Robert the Clerke to informe him truely what manner of person King Iohn was who replied That he was rather a Tyrant then a King rather a Subverter then a Governour a Subverter of his owne Subjects and a Fosterer of Strangers a Lyon to his owne Subjects a Lambe to Aliens and Rebels who by his sloathfulnesse had lost the Dutchy of Normandy and many other Lands and moreover thirsted to lose and destroy the Kingdome of England An unsatiable Extortioner of money an invader and destroyer of the possessions of his naturall people c. When Miramumalin heard this he not onely despised as at first but detested aâ—d accursed him and said Wâ—y doe the miserable English permit such a one to raigne and domineer over them Truely they are effeminate and slavish To which Robert answered the English are the most patient of all men untiâ—l they are offended and damnified beyond measure But now they are angry like a Lion or Elephant when he perceives himselfe hurt or bloody and though late they purpose and endeavour to shake the yoake of the Oppressor from their necks which lie under it Wâ—ereupon he reprehended the overmuch patieâ—ce anâ— fearefulnesse of the English and dismissed these Messengers who returning and relating his Answer to King Iohn he was exceeding sorrowfull and in much bitternesse of Spirit that he was thus contemned and disapointed of his purposâ— Yet persisting in his pre-conceived wicked designe to ruine his Kingdome and people and hating all the Nobility and Gentry of England with a viperous Venom he sets upon another course and knowing Pope Iuno cent to be the most ambitious proud and covetous of all men who by gifts and prâ—mises would be wrought upon to act any wickednesse Thereupon he hastily dispatcheth messengers to him with great summes of Money and a re-assurance of his tributary Subjection which shortly after he confirmed by a new Oath and Charter to procure him to Excommunicate the Archbishop of Canterbury and the Barons whom he had formerly favoured which things he greedily desired that he might wrecke his malice on them by Disâ— inheriting Imprisoning and Spoiling them being Excommunicated Which things when he had wickedly plotted he more wickedly executed afterwards In the meane time the Barons foreseeing that nothing was to be obtained but by strong hand assemble an Army at Stamford wherein were said to be two thousand Knights besides Esquires and marched from thence towards Oxford where the King expected their comming to answer their demands And being come to Brackâ—ey with their Army the King sends the Earle of Pembroke Mariscall and the Archbishop of Canterbury with others to demand of them what were those Lawes and Liberties they required to whom they shewed a Schedule of them which the Commissioners delivered to the King who having heard them read in great indignation asked Why the Barons did not likewise demand the Kingdome and swore he would never graâ—t those Articles whereby himselfe should be made a Servant So harsh a thing is it to a power that is once gotten out into the wide libertie of his will to heare againe of any reducing within his Circle Vpon this answer the Barons resolve to seize the Kings Castles constitute Robert Fitz-walter their Generall entituling him Mariscall of the ARMY of GOD aâ—d of HOLY CHVRCH A Title they would never have given their Generall or Army had they deemed this Warre unlawfull in Law or Conscience After which they tooke divers of the Kings Castles and are admitted into London where their number daily increasing they make this Protestation Never to give over the prosecution of their desire till they had constrained the King whom they held perjured to grant them their Rights Which questionlesse they would not have done had they not beleeved this Warre to be just and lawfull King Iohn seeing himselfe in a manner generally forsaken of all his people and Nobles having scarce 7. Knights faithfull to him another strong argument that the people and Kingdome generally apprehended this taking up armes against the King to regaine to preserve their hereditary Rights and Liberties to be lawfull counterfeits the Seales of the Bishops and writes in their Names to all Nations That the English were all Apostaâ—es and whosoever would come to invade them hee by the Popes consent would conferre upon them all their Lands and Possossioâ—s But this device working no effect in regard they gave no credit to it and found it apparantly false the King seeing himselfe deserted of all and that those of the Barons part were innumerable cum tota Angliae Nobilitas in unum collecta quasi sub numero non cadebat writes Mathew Paris another argument of the justice of this cause and warre in their beliefes and consciences at last condescended to grant and confirme their Liberties which he did at Running-Meade in such sort as I have formerly related And though the Pope afterwards for his owne private ends and interest bribed by King Iohn who resigned his Kingdome to him and became his Vassall without his peoples consent which resignation was judged voide excommunicated the Barons withall their assistance Qui Iohaâ—nem illustrâ—m Regâ—m Anglorum Cruce signatum ET VASALLVM ROMANAE ECCLESIAE an honourable Title indeed for a King pers quuntur molientes ei Regâ—um auferre which this Pope him selfe did but few yeares before giving his Crown and Kingdome it selfe to King Phillip of France which to save he sordidly resigned up to the Pope quod ad Ronanam Ecclesiam dignosciâ—ur pertinere Yet this Excommunication thus procured by bribery proceeding not out of Conscience to preserve the Kings due Rights but selfe-respects to support the Popes usurped interest and Title to the Realme and being a wicked plot of the King more wickedly exâ—cuted by the Pope who as Matthew Paris writes was AD OMNIA SCELERA pro praemijs datis vâ—l promissis cereus proclivis and the Londonâ—rs Barons with divers Prelates then contemning it as pronounced upon false suggestions and especially for this cause that the ordering of temporall affaires belonged not to the Pope Cum Petro Apostolo ejus Successoribus non nisi Ecclesiasticarum
moving sedition against the Roman State was beheaded with an axe at Antioch without any legall triall to prevent further seditions which never befell any King before that time writes Alexander ab Alexandro And Agrippa not long after put Bogus King of the Mores to death for siding with Antonius Of later times I read that Ludovicus Pius the Emperour taking Bernard his Nephew King of Itâ—ly prisoner for rebelling and denying his superiority over him carried him into France to determine what should be done with him according to Iustice for this his offence where though a King hee was condemned to death and executed as some or at least cast into prison and had his eyes put out as others write So Charles of France taking Conradine King of Sicily prisoner publikely arraigned and condemned him of high Treason and cut off his head Anno 1208. Yea our owne King Iohn being a Feudatary to the King of France was by Philip the French king in a full Parliament there during his absence in England arraigned condemned to dâ—ath and deposed from his Crown by the sentence of his Peeres for murthering his Nephew Arthur then a Subiect of France with his owne hands So Iohn Bailiol king of Scotland renouncing his homage for that Crowne to king Edward the first was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland to King Edward the first and sent Prisoner to the Tower of London and Mary Queene of Scots within many mens memories after long debate in Parliament was condemned and beheaded at Fothringham Castle Febr. 8. An. 1587. for laying claime to the Crowne of England and other particulars mentioned in our Historians And thus much for the Roman Grecian German Emperours kings and kingdomes I shall now give you a brieâ—e Survey of what Greeke Authors write concerning Kings and Kingdoms and of the power the kinds of ancient Kings and Kingdomes in Greece and other places That great Father of Learning and policie Aristotle Tutor to the greatest Emperour Alexander the Great whose Authority is irrefragable in our Schooles resolves That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people and founded confirmed by the customes and Lawes of each country which Polibius also affirmes That there are 4 severall sorts of Kings some of greater some of lesser Authority and continuance then others some elective some successive some during â—ife some Annuall all of them receiving their distinct jurisdictions Formes Limitations and different Royalties from the peoples primitive or subsequent institutions and consents For all men being equall by the Law of nature can have no dominion nor Superiority one over another but by their own voluntary consents That the Lawes not the Kings Princes or Magistrates be they one or more or never so good ought to be the sole Lords or Rulers of the Common-wealth and that Princes and Governours ought to governe by the Lawes who cannot command what the Lawes doe not command That those who command that the Law should rule command that God and the Lawes should rule but he that commands a man to be a Prince he commands that both a man and beast should be Princes for covetousnesse and the lust of the minde is a certaine beast which perverts both Magistrates and the very best men but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires That the power of the greatest things and greatest power ought DE IVRE of right to be in all the people because their wisdomes resolutions and revenues considered altogether are greater and more considerable then those of a few wise or honest men plased in the highest offices of Magistracie who are but a small particle of the State in respect of all the people That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression and that a King ought to governe by his Lawes and not to doe any thing against them according to his lust wherefore he ought to have so much power and force wherewith he may protect the authority of the Lawes yea he must necessarily have forces and power yet so much onely as thereby he may be able to curbe every particular man or many also yet not so great power but that a populo auâ—em universo idem REX ILLE IPSE COERCERI POTEST the very King himselfe may yet BE CVRBED by all the people such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City And when Dionysius required Guards a certaine Syracusan perswaded them to curbe such Guardâ— to which Polybius also suffragates According to these Rules of Aristotle I read in Dionysius Halicarnassaeus and Polybius that in the Lacedemonian Common-wealth the Kings had not the chiefe Dominion so as they might doe what they pleased sed summa totius Reipub. administratio penes Senatum erat but the chiefe Government of the whole Commonweale was in the Senate from whence the Romanes tooke their paâ—terne Alexander ab Alexandro Boemus and Xenophon write That the Lacedemonians sometimes elected a King out of the Family of the Heracliâ—â—â— or of Agis but more often two joynt Kings of equall Authority out of the stock of Proclus and Aemisthenes who yet had not the chiefe Command as Kings Quiajuris omâ—is publici potestas penes Senatum erat because the power of all publike law or rule was in the Senate the better to keep their Kings from attempting and usurping a Tyranny they being Kings rather in name then Dominion and like the Achaean two Annuall Praetors whence Aristotle makes them the lowest ranke of Kings Iohn Bodin informes us That in the Lacedemonian Aristocracie the Soveraignty remained in the State wherein were two Kings without any Soveraignty at all being indeed nothing else but Captains and Generals for the managing of their Warres and for that cause were by the other Magistrates of the State sometimes for their faults condemned to pay their fine as was Agesilaus and sometimes to death also as was Agis and Pausanias Agis the last of the Lacedemonean kings as Plutarch records being apprehended and condemned by the Ephori without an Indictment and then hanged in a halter Finally Aristotle himself and Xenophon informe us that the Kingdom of the Lacedemonians flourished very long yea longer then any other forme of Government because their Kings power was but small and their Kings never desired greater things then the Lawes would beare by which they had received their Kingdome in the beginning for in the beginning that Kingdome was divided between two joynt Kings After which Theopompus left it more moderated to his successours and constituted the Magistracie of the Ephori who had power even to depose and execute their kings if they offended and rose not up out of their seates unto them to retain that
and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne to Edward the Elder into England Whereupon that the Land might not be without a Ruler the Lords of France assembled at Paris and there tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Laoâ— he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife whom he unlawfully put from him and to renounce Mary whom he had married in her stead And calling a Parliament they concluded that King Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to governe the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe throughout France which before that time was never heard nor spoken of by his absolute Prerogative without consent of his Estates in Parliament which had the sole power of imposing Taxes Which Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe Lewes 11. of France dying without issue male left his Queen great with child whereupon Philip his Brother reigned as Regent of France till the childe was borne which proved a male named Iohn who dying soone after Philip was crowned King at Paris albeit that the Duke of Burgoyn and others withstood his Coronation and would have preferred the Daughter of King Lewes But other of the Lords and Nobles of France would not agree that a woman should inherit so great a Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Feever Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxes Charles the fifth of France having a purpose to drive all the English â—uâ— of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe he was to use therein Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice and by their wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Wheâ—eas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Coâ—ncell then they contemne and set them at naught or elfe fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and sedditious speeches ensue among the people and so at length most dangerous rebellion or else open conspiracy against the Prince as Bodin observes This Charles dying without Issue Male leavâ—ng his Wife great with Childe Philip Earle of Valoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall resolution of the Lords and Parliament was That for an old Decree and Law by Authority of Parliament long before made which the English much oppugned that no woman should inherite the Crowne of France therefore the Title of Edward by might of the Frenchmen was put by and Philip by an Act of the whole French State by which his right was acknowledged admitted to the Government of the same After which one Simon Poylet was hanged in Chaines Headed and Quartered at Paris for saying in open audience that the right of the Crowne of France belonged more rightfully unto King Edward then to King Philip who had long warres about these their Titles to the Crowne King Iohn of France in the fifth year of his reigâ—â— had by authority of the three estates of his Realme assembled in â—arliament to wit of the spirituall Lords and Nobles and Heads of Cities and good Townes of his Kingdome 3000 men waged for a yeare granted to him to defend him and his Realme agaâ—nâ—t Edward the third King of England who the next yeer following took King Iohn prisoner in the field Whereupon Charles Duke of Normandy his eldest sonne and Heire apparent assembled the 3 Estates at Paris in a Parliament there held craving aid of them to redeem their captivated King who promised their uttermost help herein desiring convenient time to consult thereof Which granted the three Estates holding their Councell at the Gray Fryers in Paris appointed fifty person among them to take view and make search of the grieyances and evill guidance of the Realme
better to let the curious reade them in the Originalls themselves Amongst all losses that of Liberty toucheth neerest but Francis having learned to withstand all adversity with a constant resolution said I will dye a Prisoner rather then make any breach in my Realm for my deliverance whereof I neither WIL NOR CAN alienate any part without the consent of the Soveraign Courts and Officers in whose hands remains the authority of the whole Realm We preferre the generall good before the private interest of Kings persons If the Emperour will treat with me let him demand reasonable things which lye in my power then shall he finde me ready to joyne with him and to favour his greatnesse The Emperour seeing the King constant in this resolution in the end yeelded to his delivery upon these termes That within six weekes after his delivery he should consigne the Dutchy of Burgongue to the Emperour with all the dependancies as well of the Dutchie as of the County the which should hereafter be sequestred from the Soveraigntie of the Realme of France That he should resigne to the Emperour all his rights pretended to the Estates of Naples Milan Genoa anâ— Ast That he should quit the Soveraignty of Flaunders and Arthois c. Hereupon the King being enlarged and arrived at Bayonne he was required to ratifie the Accord which he had promised to doe when hee came to a free place but he delayed it with many excuses giving the Emperour to understand that before he proceeded to such an act it was necessary that he should pacifiâ— his Subjects who were discontented with bonds which tended to the diminution of the Crowne of France c. After which the Pope and the Venetians sending Messengers unto him he complained of the Emperour that he had wronged him in that he had forced him to make impossible promises and that he would be revenged if â—ver occasion were offered and that he had often told him that it was not in the power of a French King to binde himselfe to the alienation of any thing depending of the Crowne without the consent of the Generall Estates that the Lawes of Christians did not allow that he which was taken in Warre should be detained in perpetuall prison which was a punishment proper to Malefactors and not for such 〈◊〉 had bin beaten by the cruelâ—y of fortune that all men knew that Bonds made by constraint in prison were of no value and that the capitulation being of no force the faith likewise which was but accessary and the confirmation of the same could not be bound that by the oath which he had taken at Râ—emes at his Coronation he was bound according to the custome of other Kings of France not to alienate the patrimony of the Crowne and therefore for these reasons he was no lesse free then ready to abate the Emperors pride The Emperor growing jealous of the Kings delayes for ratification thereof sent one unto him to be certified of his intent who found him very unwilling to leave Burgundy which being very prejudicall to the Crowne of France he said was not in his power to observe and that hee could not alien the Bourguinans without their assents in an assembly of the Estates of the Country which he intended to call shortly to know their minds By which it is most apparent that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others as other Subjects may doe because they hold them onely in the right of their Crowne for their Kingdomes use and service the true proprieters of them Upon which very ground Philip Augustus King of France Anno 1216. in a solemne Assembly of the States at Lyons told Walo the Popes Legate who came to prohibit his Sonne Lewes to goe to receive the Crowne of England because King Iohn had resigned it to the Pope That no King or Prince can give away his Kingdom without the consent of his Barons who are bound to defend the Kingdome and if the Pope decreed to defend this errour he should give a most pernitious Example to all kingdomes domes Whereupon all the Nobles of France began to cry out with one mouth That they would stand for this Article unto death That no King or Prince by his sole pleasure could give his Kingdome to another or make it tributary whereby the Nobles of the Realme should be made servants And the next day Lewes his Advocate alledged that King Iohn for his homicides and many of her enormities was justly rejected by his Barons that Hee should not reigne over them That he could not give the Crowne of England to any one without the assent of his Barons and that when he had resigned it he presantly ceased to be a King and the Kingdome became void without a King and being so vacant could not be disposed of without the Barons who had lawfully elected Lewes for their King who in pursuance of this his Title which the Estates of France held just sailed into England took possession of the Kingdome received homage of all the Barons and Citizens of London who joyfully received him taking an Oath upon the Evangelists to restore them their good Lawes together with their lost Inheritances Henry the 2. of France being casually slaine by the Earle of Montgommery in running at the Tilt left the Crowne to Francis the 2. being but about 16. yeares of age the Queen Mother with his wives Vncles the Duke of Guise and the Cardinall of Loraigne hereupon usurped the Government of his person and Realme dispossessed the chiefe Officers of the Crowne kept backe the Princes of the Blood from Court the true and lawfull Governours of the State during the Kings minority and plotted the meanes to raise their race to the Royall Throne by displacing all great Officers substituting others of their owne faction and endeavouring to extirpate the Protestant party whom they feared as most opposite to their treacherous designes They doe and undoe place and displace in Parliament and Priviâ— Councell like absolute Kings they revoke all alienations for life or yeares made by the deceased King in recompence of any services except sales they caused divers Protestants to be put to dâ—ath imprisoned pillaged Wherewith the princes Officers and people being generally discontented to redresse the present and prevent all future disasters that might ensue require a generall Parliament as the Soveraigne cure for such diseases whereby the Queen Mother might be put from her usurped Regency and those of Guise excluded from the Kings person who to please the king perswade him that their opposites sought only to bridle and make him a Ward and that he should hold them enemies to his Authority and GVILTY OF HIGH TREASON THAT TALK OF A PARLIAMENT The King of Spaine to crosse them by Letters to the King his Brother-in-law declares himselfe for the good affection he bare to him Tutor and Protector of him his Realme and affaires against those
his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred that upon his returne they beseiged him at Barwick and almost tooke him prisoner but by the mediation of some of his Councell who informed the Nobles that the King was by violence fraud circumvented by the King of England of the ancient patrimony of the Crowne land they resolved to recover it by war the Scottish Nobility affirming that the King had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament This King after some encounters making a peace with the English upon unequall termes wherin he parted with some of his ancient territories out of his pusilanimity against his Nobles consent hereupon he grew so odious and contemptible to them that they were all weary of his government and caused many to take up Armes and Rebell against him After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King and the government of the Realme during the Inter-regnumâ— where first of all they appointed six men to rule the Realme for the present and then heard and discussed the severall Titles pretended to the Crowne the finall determination whereof they referred to King Edward the first of England as to the Supreame Soveraigne Lord of the Realme who selecting 12. Sâ—ottish and 12. English Councellors to assist him After full hearing by generall consent of all adjudged the Crown to Iohn Baylioll husband to King Alexanders â—ighest Kinswoman The Scots considering his simplicity and unaptnes to governe them and scarce confiding in him being an Englishman and elected by the K. of England coÌ„stituted them 12. Peers after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose advise the King and all the affaires of the Realme were to be governed and directed He was taken and kept prisoner by the English After the death of Robert Bruce the Scots before their King was crowned created a Vice-Roy to govern the Realme who suppressed the theeues and Robbers Edward Bayliol sonne to Iohn Bayliol succeding Bruce was afterwards rejected and deposed by the Scots for adhereing too closely to the English K. Edward and David Bruce elected K. in his place Robert the 2d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented there unto but his Nobles being against it his assent alone was in vaine because the King of Scotland alone can make no firme peace nor truce nor promise which shall bind but by publike consent in Parliament King Robert the 3d. dying of griefe for the captivity and imprisonment of his Son Iames taken prisoner by our King Henry the 4 th as he was going into France the Scots hereupon appointed Robert his uncle by common consent for their Vice-roy till Iames the first of that name right heire of the Cowne were enlarged Iames being freed and Crowned summoned a Parliament wherein an ayde was granted him to pay his ransome with much difficulty he had many Civill wars with his Subjects and at last was murthered by Robert Grame and his confederats from whom he received 28. wounds in his Chamber in the night wherof he presently died Iames the 2. his son being but 7. yeares old at his death Alexander Leviston was chosen Protector and William Crichton made Chancellor by Parliament Which the Earle Douglas storming at committed many insolencies in a hostile manner After which Alexander and his faction opposing the Chancellor and commanding that none should obey him the Chancellor thereupon fortified Edenborough Castle and as the King was hunting early in the morning seized upon him with a troop of Horse brought him to Edinburgh Castle where he detained him from the Protector till the peace of the Kingdom and present divisions should be setled which lasting very long by reason of Earle Douglas his ambition power and covetousnes who raised many grievous civill wars he was at last stabbed to death by the King himselfe Anno 1452. contrary to his promise of safeâ— conduct to the Court under the Kings and Nobles hands and seales Wherupon his brethren and Confederats meeting at Sterling resolved to revenge his death and tied the Kings and Nobles writing of safe conduct to an horses taile which they led through the streets of Sterling railing at the King and his Councell as they went and when they came into the market place where they had 500. trumpets sounding they by an Herald proclaimed the King and all that were with him fedifragus perjured and enemis of all good men and then spoiled and burned the Towne Country with all places else that were firme to the King betweene whom and the kings party a bloody civill warre to the spoyle of the Countrey continued above two yeares space with various successe till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon whose sonne Iames the 3. being but 7. yeeres old was proclaimed king in the Campe and the Queen Mother made Regent till a Parliament might be called to settle the government but when the Parliament assembled upon the Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government they Elected 6. Regents to governe the King and Realme during his minority After which Bodius was made Vice-roy This king being seduced by ill Courtiers and Councellors which corrupted him thereupon divers of the Nobles assembling together resolved to goe to the Court to demand these ill Councellors and seducers of the King and then to execute them which they did accordingly and that with such fury that when they wanted cords to hang some of them they made use of their horses bridles and every one strave who should be forwardest to doe this execution The king promising reformation was dismissed but in steed of reforming he meditated nothing but revenge blood and slaughter in his minde and plotting secretly to murther the Nobles in Edenburg by the helpe of Earle Duglasse he detesting the fact and revealing the Treachery thereupon the Nobles who formerly desired onely his reformation took up Armes to deâ—â—roy him as one incorrigible and implacable whereupon they made the Kings sonne Vice-roy and knowing the kings perfidiousnesse would yeeld to no termes of peace unlesse he would resigne up his Crown to his son which he refusing thereupon they gave him battle and slew him as a common enemie After which calling a Parliament they created his son Iames the fourth king who comming under the power of the Duglasses rescued himselfe at last from them and invading England Anno. 1542 when he proclaimed Oliver Sincleer his favorite Geneâ—all the Scottish Nobility tooke it in such indignation that they threw downe their weapons and suffered themselves to be taken prisoners whereupon the king growing sicke with griefe and anger soone after
See the generall Hist. of France and Gaguinus in the life of Iohn Fabian part 7. p. 280 to 298. Gaguinus the generall Hist. of France in the life of this Philip and King Iohn Note this So it hath been coâ—ceived by some the King by Law might do this in England but Sir Edward Cooke in his Institutes on Magna Charâ—a f. 575. to 5â—9 hath largely proved the contâ—ary that the King by his Prerogative and Proclamation cannot alter enhanse or abase his coyne but in and by the Parliament onely because it is contrary to sundry Statutes it is the sinues and life of trade and every mans estate consists in it and so all have a common interest therein which cannot be altered but by common consent in Parliament Fabian part â— p 305 306 311 312. Generall Hist. of France Gaguin and others Fabian part 7 p 3 7. seâ— p. 190 191. 266 477 c. 355 326 357 358 359 460. Walsingâ—em Hist. Angl p. 235 236. Fabian part 7. p. 324. 355 356 357 358 363 364. The generall Hist. of Franceâ— Gaguinâ— and others in his life Fabian ibid. Generall Hist. of France p. 226. 227 228 229. Chron. 2. 5. H. 5. Hist p. 786. to 782. Fabian part 7. p. 399 400 475. Generall Hist. of France Holingshed Fabian Walsingham Grafâ—on Hall Fabian part 7. p. 475 478. Generall Hist. of France Hall Holinshed Speed Fabian part 7. p. 479. 480 481 â—88 Generall Hist. of France Fabian part 7. p. 490 521 522 523. Phili. dâ— Com. l. 5. c. 18. Phili. dâ— Com. l. 5. c. 18. Note Note Gen. hist. of France p. 421. 423. Gen. hist. of France p. 575. to 580. Grimst Imper. hist. p. 647 648. Notâ— Matthew Paris p. 270 271. The generall Hist. of France p. 657. to 690. Note Generall Hist. of France 692 c. Richardus Dinothus de Bello Civili Gallico Religionis causa suscepto l. 2 3 4 6. Speeds Hist. 1211 1212 1213. K. lames Answer to Cardinall Peron Gen. hist. of France p. 744. Fox Acts andâ— Mon Vol. 3. p. 1026. Edit uâ—t Gen. Hist. of France p. 764. Generall Hist. of France p. 765 c. Gen. Hist. of France p. 834 835. Mounsieur Daubern The generall Hist. of France p. 976 977 982. Gâ—n Hist. of France p. 914 915 1070 1071 1072 1094 1095 1110 1133 1172 1173 1174 1175 1181 1182 1183 1196 â—o 1220. Gen. Hist. of Franceâ— p. 887. 88â— Gen. Hist. of France p. 1009. 1022 1023 1124 1154 1156 1157. Gen. Hist. of Fr. p. 1173 1174 1200. Gen. Hist. France p. 1207 The continuation of the life of Lewes the thirteenth p. â— to 7â— Ibib. p. 〈◊〉 26. 29. 30. 31. 〈◊〉 49. 50. 74. 75 Ibid p. â—â— â—8â—24 Ibid p. 59 〈◊〉 12â— Lib. 2. c 12. p. 179. to 187. Note Continuation of the Gen. Hist. of France p 13. to 150. Ibid p. 220. to 306. See the Synopsis of his life Catalogus Gloriae mundi pars 5. Consid. 29 30. Andrew Favne Theaâ—e of Honour l 2. c. 12. See Camillus Barellus de Regis Catholici Praestantia c. Geâ—erall Hist. of France p 90â— See Ioannis Mariana de Rege Regis Iustit l. â— c. 3. p. 33. Hieron Blanca Rerum Arag Comment See concil Toletanum 8. Surius Con. T. 2. p. 864 â—65 Ioannis Pistorius Hispaniae illustratae Tom. 3. Leges Wisigothorum L. â— c. 2 p. 859 Iacâ—bus Valdesius de dignitate Regum Regnorumâ— Hispaniâ— pars 1. c. 11. p. 135. Michael Ritius de Regibus Hisp. l. 2. Gen. Hist. of Spain l 6. â— 168 169. Part. 1. â— 6. Fox Acts Mon. Vol. 1. p. 879. 810. Lib. 1. De â—egum 〈◊〉 â—â—p 8. p. 68 c. Notâ— De Rege Regum Instit. â— 1. c. 9. The generâ—ll Hist. of Franâ—e p. 833 834 117â— 1179. See Doctor Iohn White â—is Defence of the way c. 6. where their words are quoted for tyranny and mis-government The Gen. Hist. of France p. 847 914 915. 1179 1180 1181 1182 1183 1190. Of Christian Subâ—ection c. par 3. p. 5â—9 520 521. Munst. Cos. l. c. 20. p. 75. Roderici Archiâ—p Toâ—etani De Rebus hisp l. 4. 2. l. 5. c. â— â— Gen. 〈◊〉 of Spa. â—6 Rodericus Toletanus de Rebus Hisp. l. 4. c. 19. Râ—der Tol. l. â— c. 4 5. Muâ—st cos l. 2. 6. 20. Gen. hist. of Spain l. 7. 〈◊〉 Cosmogr l. 2. c. 20. p. 78. Gen. Hiâ—t of â—pain Censure in F. Iosephâ— Teixerae libelluÌ„ c. 75. to 83. De vera Regum Portugalium Geneologia lib. in the 2. Tom. of Icannis Pistorius Hispaniae illustratâ—e Lib 5. p. 146. Iâ—annis Mariana De Rebus Hâ—sp l. 6. c. 4. 6. See Procopius Vand 1. 〈◊〉 l. 2. c. 20. l. â— c. 35. Gen. hist. of Spain l. 5. p. 122. 140 145 146 147 149 Roâ—san hist. Hispâ— pars 2. in their lives Ioan Mariana de Rebus Hisp. l. 5. 6. Gen. hist. of Spain l. 5. p. 139 140. 145. Rod. sanct hist. Hisp. parâ— 2. c. 15. 22. Gen. hist. of Spain l. 5. p. 146. Gen. hist. of Spain l. 5. p. 147 Concil Toletanum â— c. 3. Surius Concil Tâ—m 2. p. 742. Surius Concil Tom. 2. p. 739. 740. Mariana de Reb. â—isp l. â— 6. 6. Surius Concil tom 2. p. 744. â—45 Mariana de Rebus Hisp. l 6. c. 9. Gen. hist. of Spain l. 5. p. 149. 150. Rodâ—â— san hist Hisp. par â— 1. 32. Surius Concil câ—m 3. p. 3. Mariana de Rebus hisp l. 6. c. 12 14 17. Surius Concil 3. p. 3 4. Mariana de Reb. Hisp l. 6. c. 17. Generall Hist. of Spain l. 5. p. 151. Gen Hist. of Spain l. 5. p. 1â—2 153. Rod Sanct. Hiâ—â— Hisp. pars 2. c. 35 Mariana de Rebus Hisp. l. 6. c. 19. Gen. â—ist of Spain l. 5. p. 153 154 155 Rod. Sâ—â—ctius Hist. Hisp. parâ— 2. â— 37. Mariana de Rebuâ— Hisp. l. 6. c. â—1 22 23. 〈◊〉 Gen. â—ist of Spain l. 5. p. 153 154 155 Rod. 〈◊〉 Hist. Hisp. part 2. c. 37. Mariana de Rebus Hisp. l. 6. â— 21 22 23. Illâ—stratae In 〈…〉 Hist. Tom. 3. p. 〈◊〉 860. Surius Concil Tom. 2. p. 864 865. Legis Wisigoth l. â— c. 28. p. 869. and l. 6. câ—â— p 936. Procop. Vand. 1. Amon l. â— c. 20. l. â— c. 35. 〈◊〉 de Enc. Belli l. 1. c. 3. Sect. 11. Gen Hist of Spain l. 6. p. â—69 171 172 173 174 175 177. Mariana de râ—bus Hisp. l. 7. Gen Hist. of Spa l. â— p. 183 Gen. Hist. of l. 7. p. 211. 226. Mariana de rebus Hisp. l. 8. c. 8. Ioan. Vasaei Hisp Chron. An 899. p. 714. Gen. Hist. of Spain l. 8. p. 242. Mariana de rebus Hisp. l. 9. 6 8 9. De rebus Hisp. l. 9 c. 5. Liâ— â— p. 240 Gen. Hist. of Spain l. 8. p. 243 Gen. hist. of Spain l 8. p. 256. Hyeron Blancae Arogâ—n Rerum Com. in Sâ—nct 4. p. 625. Gen. Hist. of Spain l. 8. p. 243. Gen.
these Lords and their companions thus taking up Armes from any the least guilt of Treason and rebellion against the King because they did it onely for the advancement of the publike weale the setting the Realme in a better condition the removing ill Counsellors and publike oppressors of the Realme from about the King and to rescue his person out of their hands then questionlesse by their resolutions our present Parliaments taking up defensive armes upon the selfe-same grounds and other important causes and that by consent of both Houses which they wanted can be reputed no high Treason nor Rebellion against the King in point of Law and no just no rationall Iudge or Lawyer can justly averre the contrary against so many forecited resolutions in Parliament even in printed Acts. The Earle of Richmund afterward King Henry the seventh taking up armes against Richard the third a lawfull King de facto being crowned by Parliament but an Vsurper and bloody Tyrant in Verity to recover his Inheritance and Title to the Crowne and ease the Kingdome of this unnaturall blood-thirsty Oppressor before his fight at Boswell Field used this Oration to his Souldiers pertinent to our purpose If ever God gave victory to men fighting in a just quarrell or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive Countrey or if he ever succoured them which adventured their lives for the reliefe of Innocents suppression of malefactors and apparent Offenders No doubt my Fellowes and Friends but he of his bountifull goodnesse will this day send us triumphant victory and a lucky revenge over our proud Enemies and arrogant adversaries for if you remember and consider the very cause of our just quarrel you shall apparently perceive the same to be true godly and vertuous In the which I doubt not but God will rather ayde us yea and fight for us then see us vanquished and profligate by such as neither feare him nor his Lawes nor yet regard Iustice and honesty Our cause is so just that no enterprise can be of more vertue both by the Laws Divine and Civill c. If this cause be not just and this quarrell godly let God the giver of victory judge and determine c. Let us therefore fight like invincible Gyants and set on our enemies like untimorous Tygers and banish all feare like ramping Lyons March forth like strong and robustious Champions and begin the battaile like hardy Conquerors the Battell is at hand and the Victory approacheth and if wee shamefully recule or cowardly fly we and all our sequele be destroyed and dishonoured for ever This is the day of gaine and this is the time of losse get this dayes victory and be Conquerours and lose this dayes battell and bee villaines And therefore in the name of God and Saint George let every man couragiously advance his standard They did so flew the Tyrannicall Vsurper wonne the Field And in the first Parliament of his Raigne there was this Act of indemnity passed That all and singular persons comming with him from beyond the Seas into the Realâ—e of England taking his party and quarrell in recovering his just Title and Right to the Realme of England shall be utterly discharged quit and unpunishable for ever by way of action or otherwise of or for any murther slaying of men or of taking and disporting of goods or any other trespasses done by them or any of them to any person or persons of this his Realme against his most Royall Person his Banner displayed in the said field and in the day of the said field c. Which battell though it were just and no Treason nor Rebellion in point of Law in those that assiâ—ted King Henry the 7 th against this Vsurper yet because the killing of men and seising their goods in the time of Warre is against the very fundamâ—ntall Lawes of the Realme they needed an Act of Parliament to discharge them from suits and prosecutions at the Law for the same the true reason of all the forecited Acts of this nature which make no mention of pardoning any Rebellions or Treasons against the King for they deemed their forementioned taking up of Armes no such offences but onely discharge the Subjects from all suites actions and prosecutions at Law for any killing or slaying of men batteries imprisonments robberies and trespasses in seising of Persons Goods Chartels What our Princes and State have thought of the lawfulâ—esse of necessary Defensive Warres of Subjects against their oppressing Kings and Princes appeares by those aides and succours which our Kings in former ages have sent to the French Flemmings Almaines and others when their Kings and Princes have injuriously made Warres upon them and more especially by the publike ayde and assistance which our Queene Elizabeth and King Iames by the publike advise and consent of the Realme gave to the Protestants in France Germany Bohemia and the Netherlands against the King of France the Emperour and King of Spaine who oppressed and made Warre upon them to deprive them of their just Liberties and Religion of which more hereafter Certainely had their Defensive Warres against their Soveraigne Princes to preserve their Religion Liberties Priviledges beene deemed Treason Rebellion in point of Law Queene Elizabeth King Iames and our English State would never have so much dishonoured themselves nor given so ill an example to the world to Patronize Rebells or Traitours or enter into any solemne Leagues and Covenants with them as then they did which have been frequently renued and continued to this present And to descend to our present times our King Charles himself hath not onely in shew at least openly aided the French Protestants at Ree and Rochel against their King who warred on them the Germane Princes against the Emperour the Hollanders and Prince of Oâ—aâ—ge to whose Sonne hee hath married his elstest Daughter against the Spaniard and entred into a solemne League with them which hee could not have done in point of Law Iustice Honour Conscience had they beene Rebells or Traytors for standing on their guards and making defensive Warres onely for their owne and their Religions preservation but likewise by two severall publike Acts of Parliament the one in England the other in Scotland declaring the Scots late â—aking up Armes against him and his evill Counsellors in defence of their Religion Lawâ—s Priviledges to be no Treason nor Rebellion and them to bee his true and loyall Subjects notwithstanding all aspertions cast upon them by the Prelaticall and Popish Party because they had no ill or disloyall intention at all against his Majesties Person Crowne and Dignity but onely a care of their owne preservation and the redresse of thâ—se Enormities Pressures grievances in Church and State which threatnâ—d desolation unto both If then their seizing of the Kings Fortes Ammunition Revenues and raising an Army for the foresaid ends hath by his Majesty himselfe and his two Parliaments