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england_n	john_n	lord_n	treasurer_n	3,143	5	10.7684	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91185	The fourth part of The soveraigne povver of parliaments and kingdomes. Wherein the Parliaments right and interest in ordering the militia, forts, ships, magazins, and great offices of the realme, is manifested by some fresh records in way of supplement: the two Houses imposition of moderate taxes and contributions on the people in cases of extremity, without the Kings assent, (when wilfully denyed) for the necessary defence and preservation of the kingdome; and their imprisoning, confining of malignant dangerous persons in times of publicke danger, for the common safety; are vindicated from all calumnies, and proved just. Together with an appendix; manifesting by sundry histories and foraine authorities, that in the ancient kingdome of Rome; the Roman, Greeke, German empires; ... the supreame soveraigne power resided not in the emperours, or kings themselves, but in the whole kingdome, senate, parliament, state, people ... / By William Prynne, utter-barrester, of Lincolnes Inne. It is this tenth day of July, ordered ... that this booke .... be printed by Michael Sparke senior. John White.; Soveraigne power of parliaments and kingdomes. Part 4	Prynne, William, 1600-1669.; England and Wales. Parliament. House of Comomns.	1643 (1643)	Wing P3962; Thomason E248_4; ESTC R203192	339,674	255

the Parliament of 5. Henry 4. Num. 16. Upon certain prayers and requests made before by the Commons divers times touching the removing of divers persons as well aliens and others by reason of divers destructions by them moved and for certaine Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament and by the said Lords it was specially accorded That four persons to wit the Kings Confessor the Abbot of D●ne Master Richard Derham and Crosseby of the Chamber shall be quite ousted and voided out of the Kings house whereupon the ninth of February the said Confessor Master Richard and Crosseby came before the King and Lords in Parliament and there the King in excusing the said four persons said openly that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold notwithstanding our said Lord the King well considered that what the said Lords and Commons shhall do or ordaine was for the good of him and of his Realme and therefore he would conforme himselfe to their intentions and did well agree to the said Ordinance which charged the said Confessor Master Richard and Crosseby to avoid his said Court and like charge should have beene given to the said Abbot had he been present And our Lord the King said further That he would doe the like with any other which was about his royall Person if he was in hatred or indignation with his people And Numb 37. To the end that good and just government and remedy may bee made of divers complaints grievances and mischiefs shewed to our Lord the King in this Parliament our Lord the King to the honour of God and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm for the ease and comfort of all his Realme hath ordained certain Lords and others underwritten to be of his great and continuall Councell to wit the Archbishop of Canterbury the Bishop of Lincolne Chancellour of England the Bishops of Rochester Winchester Bath and Bangor the Duke of Yorke the Earles of Som merset and Westmerland the Lord Roos Treasurer of England the Keeper of the Great Seale the Lord Berkley the Lord Willoughby the Lord Furnevall the Lord Lovell Mounsier Pierce Courtney Master Hugh Waterton Master Iohn Cheyne Master Arnald Savage Iohn Northbury Iohn Doreward Iohn Cawson In the Parliament of 7. 8. Henry 4. Numb 31. The 22. day of May the Commons came before the King and his Lords in Parliament and then Iohn Tibetot their Speaker reheased how they had prayed the King in the beginning of the Parliament and after to increase the number of his Councell for the better government of the Realme and prayed the King to put it in execution and further rehearsed how that the Archbishop of Canterbury had reported to them That the King would be counselled by the most sage Lords of the Realme the which ought to have the survey of all that which shall be done for the good government of this Realme which thing the King agreed to doe and rehearsed with his own mouth That it was his entire will And thereupon a Bill made by the King himselfe by his own will was delivered containing the names of the Lords which shall be of his Councell the tenour of which Bill ensueth It is to bee remembred that our Lord the King considering the great labours occupations and diligence which he ought necessarily to imploy about the good government of his Realme and other his possessions as well on this side the Sea as beyond it First of all for the preservation of our Lord the King and of his Crowne and that the revenues of the same may be the better collected to his profit and increase as much as a man may justly doe to the end that he may the better sustaine his honourable estate And secondly for the confirmation of the Lawes and Statutes of the Realme to the end that equall right may be done to every one as well poor as rich Our Lord the King of his proper and good will desirous to be supported in the foresaid causes because that he cannot attend thereunto in proper person so much as he would for the great love and good affiance which he hath among others in the most revered Fathers in God the Archbishop of Canterbury the Bishops of Winchester and Excester the Duke of Yorke the Earle of Somerset the Lord Roos the Lord Burnet the Lord Lovell the Lord Willoughbie the Chancellour Treasurer and Keeper of the privie Seale the Steward and Chamberlaine Master Hugh Waterton Master Iohn Cheyney and Master Arnald Savage hath chosen and charged them to be of his counsell praying and commanding them that in all the foresaid causes they will put to their intire diligences for the profit of our said Lord the King and likewise for the confirmation of the Laws and Statutes aforesaid In the Parliament of 2. Henry 6. num 15. After divers speciall requests of the Commons of the Realme being in the present Parliament made to my Lord of Glocester Commissary of the King and to other Lords Spirituall and Temporall there for to have notice and conusance of the persons assigned and elected to be of the Kings Councell to their great ease and consolation By advice and assent of all the Lords Spirituall and Temporall aforesaid were elected and named certaine persons as well spirituall and temporall to be Councellours assistant to the governance of the Realm whose names here ensue The Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worcester the Chancellour Treasurer and Keeper of the privie Seale the Duke of Excester the Earle of March the Earle of Warwick the Earle Marshall the Earle of Northumberland the Earle of Westmerland the Lord Cromwell the Lord Fitz-Hugh the Lord Bourchier the Lord Scroop Master Walter Hungerford Master John Tiptoff Thomas Chaucer William Allington In the Parliament of 29. Henry 6. num 16. Vpon the Petition of the Commons against divers Lords Bishops Knights Esquires and others to the number of 29. who mis-behaved themselves about the royall Person of the King and in other places by whose only meanes it was suggested the Kings possessions had been greatly diminished his Laws not executed the peace of the Realm not observed to the great hurt and trouble of the liege people of the Realm and likely subversion of the same of which misbehaviour universall noise and clamour was openly received thorowout all the Realme upon the same persons specified in the Petition all of them except the Lords and some few others without further evidence against them were by the King now removed from his presence and Court for a whole yeeres space within which time any man that could and would object against any of them should be patiently heard and intended to These few fresh Presidents added to the precedent

and terms of the Oath And not being able to agree of themselves both parties submitted to the judgement of king Philip Augustus and of his Court of Parliament furnished with Peeres So that by order given at Melum in Iuly 1204. the form of the said Oath was prescribed and registred in the Parliament Register at request of the said parties and sent unto Otho to render it to the said Pope Innocent who sent this assurance and Certificate to the said Parliament for Registring it being performed Innocentius Episcopus servus servorum Dei charissimo filio nostro Philippo Francorum Regi charissimo salutem Apostolicam benedictionem absque dubitatione noveritis quod secundum formam a vobis Curiae Regni vestri paribus praescriptam habetur apud nos jusjurandum charissimi Filii nostri Othonis Romanorum Regis illustris aurea Bulla munitum nobis Ecclesiae praestitum Ego Otho Romanorum Rex semper Augustus tibi Domino meo Innocentio Papae Ecclesiae Romanae spondeo polliceor juro quod omnes possessiones honores jura Romanae Ecclesiae proposse meo bona fide protegam ipsam ad eas retinendas bona fide juvabo Quas autem nondum recuperavit adjutor ero ad recuperandum recuperatarum secundum posse meum ero fine fraude defensor quaecunque and manus meas devenient sine difficultate restituere procurabo Ad hanc autem pertinent tota terra quae est de Radicafano usque ad Ceperanum Exarcatus Ravennae Pentapolis Marchiae Ducatus Spoletanus terra Conitissae Mathildis Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI Has omnes pro posse meo restituam quietè dimittam cum omne jurisdictione districtu honore suo Veruntamen cum adrecipiendam Coronam Imperij vel pro necessitatibus Ecclesiae Romanae ab Apostolica sede vocatus accessero demandato summi Pontificis ab illis terris praestationes accipiam Praetere● adjutor ero ad retinendum defendendum Ecclesiae Romanae REGMVM SICILIAE Tibi etiam Domino meo Innocentio Papae Successoribus tuis omnem obedientiam honorificentiam exhibeo quam devoti Catholi●● Imperatores consueverunt Sedi Apostolicae exhibere Stabo etiam ad consilium arbitrium tuum de bonis consuetudinibus populo Romano servandis exhibendis de negotio Tusciae Lombardiae Et si propter negotium meum Romanam Ecclesiam oportuerit in●urrere guerram subeniam ei sicut necessitas postulaverit in expensis Omnia vero praedicta tam juramento quam scripto firmaho cum Imper●● Coronam adeptus fuero Actum Aquis-Grant Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto mense Marcij Regni nostri septimo William Rishanger Monk in the Abbey of Saint Albane in England continuer or the History of Matthew Parts observeth under the year 1263. that the king of England Henry the third and the Barons of England who made warreupon him committed their whole difference and quarrell to be judged by the Parliament of France Vt pax reformaretur inter Regem Angliae Barones ventum est adistud ut Rex proceres se submitterent ordinationi Parliamenti Regis Franc●ae in the time of Saint Lewis in praemissis provisionibus Oxoniae Nec non pro depraedationibus damnis utrobique illatis Igitur in crastino S. Vincentij congregato Ambianis populo pene innumerabili Rex Franciae Ludovicus coram Episcopis Comitibus alijsque Francorum proceribus solemniter dixit sententiam pro Rege Angliae contra Barones statutis Oxoniae provisionibus ordinationibus ac obligationibus penitus annullatis Hoc excepto quod antiquae Chartae Joannis Regis Angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare In this Parliament at Amiens were present the King of England Henry the third Queen Elenor his wife Boniface Archbishop of Canterbury Peter Bishop of Hereford and Iohn Maunsell and on the Barons of Englands side a very great number of choice elected Lords who the same year repasted back into England after the Parliament as the same Monk speaketh Thus Favino in the behalfe of the French Parliaments concerning whose power and priviledges you may read much more in him and others But to returne to the former History The Queen Mother was much discontented with this Remonstrance of the Parliament pretending that they had an intent to call her Regency in question which all had commended that they could not speak of the Government of the affaires of the Realm without touching her c. Whereupon she commanded the Chancellour to give them this answer in the kings name That France was a Monarchy wherein the king alone commanded helding his Realm Soveraignly from God That he had Lawes and Ordinances by which to governe them for the which he was not to give an account to any man That it did not belong unto the Parliament to controll his Government That they neither could nor ought to complain of the Queens Regen●● which had been so happy That the Queen was not to give an account of her Regency but to God onely That no man could prescribe unto the King what Councellers he should entertain c. with many other such bigge words After which there was a Decree made in the Councell of State against the Decree and Remonstrance in Parliament disanulling and revoking them as void and forbidding the Parliament hereafter to meddle with affairs of State The Court of Parliament in generall complained much of this Decree the kings learned Councell refuse to carry or cause it to be read in Parliament because it would cause an alteration of the good affections and devotions of the Kings good subjects and the dis-union of the greatest companies of the Realme who administer justice which makes kings to Reigne After which this controversie was compremised and the Decree of the Councell against the Parliament suspended and not enrolled Soon after the prince of Conde with divers others seeing all things disordered at Court and little or no reformation of their former grievances desert Paris expressesse their grievances in sundry letters and Articles of complaint wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three Estates of the Decree and proceedings against the Iurisdiction Remonstrance and proceedings of the Parliament of Paris Of suffering some Councellors of State to usurpe all the power of the Kingdom to pervert the Lawes and change all things as they list with sundry other particulars In these they intreat and exhort all men of what condition or quality soever that call themselves Frenchmen to assist and ayde them in SO IVST A CAVSE conjuring all Princes and forraign Estates to do the like and not to suffer such good and loyall subjects to

to procure his pardon which because it was the first president of this kinde made his advocate say tamen it a inusitatum est Regem capitis reum esse ut ante hoc tempus non sit auditum yet long before that Zedechiah King of Iudah rebelling against the King of Babylon was brought prisoner to the King of Babylon to Riblah where hee gave judgement upon him slew both his sonnes and Princes before his eyes and then put out his own eyes bound him with fetters of brasse and carried him prisoner to Babylon where hee died 2 Kings 25. 1. to 8. Ier. 52. 1. to 12. And after Detoratus Antigonus King of the Iewes being taken prisoner by Antonius for 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 Italy 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 death and deposed from his Crown by the sentence of his Peeres for murthering his Nephew Arthur then a Subject 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 Fothringhom 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 briefe 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 life 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 Supercrity 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 poverts 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 placed 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 autem 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 Guards 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 patterne Alexander ab Alexandro Boemus and Xenophon write That the Lacedemonians sometimes elected a King out of the Family of the Heraclidae 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 Quia juris omnis 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 Athaean 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

put him under good and convenient guiding and of assent they chose Eudo a man of great fame and worth to be King of the Land for the terme of his life and to guide the Land till Charles should come to his lawfull age whom they put under Eudo his tuition making him King in his stead who was crowned of Walter then Archbishop of Senys After which when Eudo knew he should dye he called before him the Lords and Nobles of France charging them by solemne Oath that after his death they should immediately crowne Charles for their King whom he had brought up with diligence in learning and all Princely vertues being then of age to governe Charles comming to the Crowne the Danes miserably walled his Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and went to the King shewing their misery and blaming his fearfulnesse and negligence that he no more for him resisted the Danes cruelty Whereupon he out of feare belike lest they should chuse another King to protect them compounded with Rollo chiefe Commander of the Danes giving him all Normandy and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne to Edward the Elder into England Whereupon that the Land might not be without a Ruler the Lords of France assembled at Paris and there tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Laon he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife whom he unlawfully put from him and to renounce Mary whom he had married in her stead And calling a Parliament they concluded that King Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to govern the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe throughout France which before that time was never heard nor spoken of by his absolute Prerogative without consent of his Estates in Parliament which had the sole power of imposing Taxes Which Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe Lewes 11. of France dying without issue male left his Queen great with child whereupon Philip his Brother reigned as Regent of France till the childe was borne which proved a male named Iohn who dying soone after Philip was crowned King at Paris albeit that the Duke of Burgoyn and others withstood his Coronation and would have preferred the Daughter of King Lewes But other of the Lords and Nobles of France would not agree that a woman should inherit so great a Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Fea●●r Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxe Charles the fifth of France having a purpose to drive all the English cut of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe he was to use therein Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice and by their wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Whereas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Councell then they contemne and set them at naught or else fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and seditious speeches ensue among the people and so at length most dangerous rebellion or else open conspiracy against the Prince as Bodin observes This Charles dying without Issue Maie leaving his Wife great with Childe Philip Earle ofValoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall resolution of the Lords and Parliament was That for an old Decree and Law by Authority of Parliament long before made which the English much oppugned that no woman should inherite the Crowne of France therefore the Title of Edward by might of the Frenchmen was put by and Philip by an Act of the whole French State by which his right was acknowledged admitted to the Government of the same After

which Lewes Duke of Orleance should be President Lewes discontented with the device seekes to hold his ranke he pretends that being the first Prince of the blood the Regency belonged unto him he assists at the Councell in Parliament and in the assemblies in Towne and notwithstanding the last VVill of King Lewes and the Decree of the Estates yet will he by force have the name and effect of Regent VVhereupon discontents arising he leaves the Court in discontent and raised a civill warre However the Estates setled the Regencie and affaires of the Realme Anno 1525. Francis the first King of France was taken prisoner by the Emperour Charles the fifth in the Battell of Pavia who by mediation of Friends for his enlargement sent the Earle of Reux his Lord Steward to offer the King Liberty so as he would resigne all the rights he pretended in Italy restore the Dutchy of Burgongue as belongeth to him by right with Provence and Dolphine for the Duke of Bourbon to incorporate them with other Lands which he had formerly enjoyed and to make all together a Kingdome Moreover the Emperour offered to give him his sister in marriage propounding many other conditions so absurd and void of reason as it is 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 Burgengue 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 and Ast That he should quit the Soveraignty of Flaunders and Arthois c. Hereupon the King being enlarged and arrived at Beyonne 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 pacifie 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 ever 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 as had bin beaten by the cruelty 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 Rhemes 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 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 other 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 Barens and that when he had resigned it he presently 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 Lawes 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

people that partly out of revenge partly to prevent further oppressions and to provide for their owne securitie corrupting his servants with money they sent their agents into his chamber in the night and slew him Not to mention the murther of King Duncan by Machbed who usurped his Crowne through his pusillanimity this Machbed omitting no kind of libidinousnesse cruelty and tyrannizing over the people for 18 yeares space together trusting to the predictions of certaine wisards that he should neven be overcome till Bernane wood did come to Dunsinane Castle and that he should never be slaine by any man borne of a woman At last Mackduffe governour of Fiffe joyning himselfe to some few patriots who had escaped this Tyrants sword met at Bernane wood and early in the morning every man bearing a bough in his hand the better to keepe them from discovery tooke Dunsinane Castle by scalado whence Machbed escaping was pursued overtaken and urged to fight bp Mackduffe to whom the Tyrant replyed in scorne that in vaine hee attempted his death for it was his destinie never to be slaine by any man borne of a woman Now then said Mackduffe is thy fatall houre come for I never was borne of a woman but violently cut out of my mothers wombe she dying before I was borne which words so daunted the Tyrant though otherwise valiant that he was easily slaine and Malcolme Conmer the true heire of the Crowne seated in the Throne King Donald being odious and cruell to his subjects they sent for Duncan Malcombes bastard who expelled him the Realme and was created King in his steed who proving harsh cruell and Imperious to his Subjects fell into their hatred and was beheaded in the night by Marpender Earle of Murry corrupted with money by Donald to murther him Donald permitting the Isles to be taken and possessed by Magnus King of Norway and suffering his Realme to be wasted by a secret agreement thereupon the Scots sent for Edgar Malcombes sonne to take possession of the Crowne who entring into Scotland with small forces Donald being deserted by his people betooke himselfe to flight but being apprehended and brought backe to Edgar he was cast into prison and not long after dyed King Malcolme the fourth at a Parliament at Yorke parting with divers of his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred that upon his returne they beseiged him at Barwick and almost tooke him prisoner but by the mediation of some of his Councell who informed the Nobles that the King was by violence fraud circumvented by the King of England of the ancient patrimony of the Crowne land they resolved to recover it by war the Scottish Nobility affirming that the king had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament This King after some encounters making a peace with the English upon unequall termes wherein he parted with some of his ancient territories out of his pusilanimity against his Nobles consent hereupon he grew so odious and contemptible to them that they were all weary of his government and caused many to take up Armes and Rebell against him After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King and the government of the Realme during the Inter-regnum where first of all they appointed fix men to rule the Realme for the present and then heard and discussed the severall Titles pretended to the Crowne the finall determination whereof they referred to King Edward the first of England as to the Supreame Soveraigne Lord of the Realme who selecting 12. Scottish and 12. English Councellors to assist him After full hearing by generall consent of all adjudged the Crown to Iohn Baylioll husband to King Alexanders nightest Kinswoman The Scots considering his simplicity and unaptnes to governe them and scarce confiding in him being an Englishman and elected by the K. of England cōstituted them 12. Peers after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose advise the King and all the affaires of the Realme were to be governed and directed He was taken and kept prisoner by the English After the death of Robert Bruce the Scots before their King was crowned created a Vice-Roy to govern the Realme who suppressed the theeues and Robbers Edward Bayliol sonne to Iohn Bayliol succeding Bruce was afterwards rejected and deposed by the Scots for adhereing too closely to the English K. Edward and David Bruce elected K. in his place Robert the 2 d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented thereunto but his Nobles being against it his assent alone was in vaine because the King of Scotland alone can make no firme peace nor truce nor promise which shall bind but by publike consent in Parliament King Robert the 3 d. dying of griefe for the captivity and imprisonment of his Son Iames taken prisoner by our King Henry the 4 th as he was going into France the Scots hereupon appointed Robert his uncle by common consent for their Vice-roy till Iames the first of that name right heire of the Cowne were enlarged Iames being freed and Crowned summoned a Parliament wherein an ayde was granted him to pay his ransome with much difficulty he had many Civill wars with his Subjects and at last was murthered by Robert Grame and his confederats from whom he received 28. wounds in his Chamber in the night wherof he presently died Iames the 2. his son being but 7. yeares old at his death Alexander Leviston was chosen Protector and William Crichton made Chancellor by Parliament Which the Earle Douglas storming at committed many insolencies in a hostile manner After which Alexander and his faction opposing the Chancellor and commanding that none should obey him the Chancellor thereupon fortified Edenborough Castle and as the King was hunting early in the morning seized upon him with a troop of Horse brought him to Edinburgh Castle where he detained him from the Protector till the peace of the Kingdom and present divisions should be setled which lasting very long by reason of Earle Douglas his ambition power and covetousnes who raised many grievous civill wars he was at last stabbed to death by the King himselfe Anno 1452. contrary to his promise of safe conduct to the Court under the Kings and Nobles hands and seales Wherupon his brethren and Confederats meeting at Sterling resolved to revenge his death and tied the Kings and Nobles writing of safe conduct to an horses taile which they led through the streets of Sterling railing at the King and his Councell as they went and when they came into the market place where they had 500. trumpets sounding they by an Herald proclaimed the King and all that were with him fedifragus perjured and enemis of all good

d Commonw l. 3. c. 1. p. 261. e Pars 5. consid 29 30 31. p. 243. c. f Cassan Ibid. Bodin Commonw l. 2. c. 5. l. 1. c. 10. l. 3. c. 1. g Commonw l. 2. c. 1. p. 222. h Fabian pa. 5. c. 155. par 6. p. 154. 160. 164. 243 244. par 7. p. 107 108. 280 282. Andrew Favi●s Theatre of Honor l 2. c. 12. Munsteri Cosmog l. 2. c. 40. p. 139 140. Paulus Aemylius l. 1. Mercators Atlas p. 254 255. Bodin Commonw l. 3. c. 1. i Paulus Aemyl l. 1. Gaguinus and the generall History of France in his life Iean Crispin Lestate de Leglise p. 144. Fabian par 5. c. 75. p. 66. Munsters Cosmog l. 2. c. 41. k 2. H. 5. f. 35. c. l Hist p. 685. 687 786. 787. c. m Fabian pa. 1. c. 86. Gagui Emyl the Generall Hist. of France Crespin Munst and others in his life n Fabian pa. 5. c. 122. 126. Gaguyn Emyl the Gen. hist of France o Fabian part ● c. 132. Gaguinus Paulus Aemilius Crespin the generall Hist of France p Fabian part 5. c. 138 139 140. Gaguinus Aemylius Crespin the generall History of France in his life and the life of Childericus q Fabian part 5. c. 144. 145. Gaguinus Aemylius Crespin the generall Hist of France r Fabian part 5. c. 150 153. generall Hist of France Gaguinus Aemylius Crespin Turpin Chronicon Chronicarum Sabellicus Opmeereus in the life of Childericke and Pipin Aventinus Annal. Poyor l. 3. Antonini Chron. Tit. 14. nu 1. sect 2. Munst Cosmog l. 2. c. 41. 〈◊〉 Iewels Reply p. 341 342 343. Bishop Bilson of Christ subiection c. par 3. p. 418 to 423. Blondus Decad. 1. l. 10. Nauclerus vol. 3. gen 26. Regino l. 2. An. 722. Papyrius Masson An. in Child p. 83. 〈…〉 ſ Annal. Boiorum l. 3. p. 299. t Lambards Archaion f. 130 Fox Acts Mon. vol. 1. Edit ult p. 244. u Antonini Chron. Tit. 14. 14. n. 1. sect 2. f. 102. Blendus Decad. 1. l. 10. Sabellicus Enead 8. l. 8. Gaguinus l. 3. in Car. Martel Nauclerus vol. 3 gen 26. Gratian. Caus 15. qu. 6. Platina in Zach. 1. Frisin l. 5. c. 22. Fabian part 5●● c. 132. p 141. Amonius de gest Franc. p. 403. x Hist l. 6. p. 521. * Though that of Plinius secundus Panegyr Traiano dictus p. 8. be true Quod aequiore animo ferunt homines quem Princeps parum faliciter genuit quàm quem malè elegit y Part. l 5. ● ●0 z Chron. tit 14. c. 1. sect 2. f. 103. a Of Christian subiection par 3. p. 420. b Fab. par 6. c. 154. Gaguin the Gen. Hist of France c Fab. par 6. c. 2●4 Grimst Imper. Hist p. 390 391. Gaguin The Gen. hist of France Turpin Antoninus Munst Crespin Papyr Masson and others d Fab. par 6. c. 175. Gaguin Gen. hist of France e Fab. par 6. c. 175. Gaguin Gen. hist of France Herma-Schedel Crispin and others f Fabian p. 6. c. 82 183 186 201. Gaguin Turpin General Hist of France g Fab. par 6. c. 201. 202. Gaguin Turpin Chron. Chron Opmerus Crisp Gen. hist Fran. h Fab pa. 7. c. 243 244. Gaguin the. Gen. hist of France Turpin Theat of honor l. 2. c. 12. i Fab. pa. 7. An. 1259. p. 68. k Fab. pa. 7. p. 102 103 c. Gaguin l Fab. pa. 7. p. 187 188. the Gen. hist of France m Fab. pa. 7. p. 187. 188. Gaug Gen. hist of France n Bodin Commonweal l. 3 c. 1. p 2●4 See the generall Hist. of France in his life o Fabian part 7. p. 192. 193 263 274. Speeds Hist p. 687 6●4 786 787 788. Halls Chron. 2. H. 5. See the generall Hist of France and Gaguinus in the life of Iohn q 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 conceived by some the King by Law might do this in England but Sir Edward Cooke in his Institutes on Magna Charta f. 575. to 5●9 hath largely proved the contrary 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 out by common consent in Parliament q Fabian part ● p 305 306 311 312. Generall Hist of France Gaguin and others r Fabin part 7 p 307. see p. 190 191 266 477 c. ●55 326 357 358 359 460. Walsingham Hist Angl. p. 235 236. ſ Fabian part 7. p. 324. 355 356 357 358 363 364. The generall Hist of France Gaguin and others in his life t Fabian ibid. Generall Hist of France p. 216 227 228 229. u Chron. 2. 5. H. 5. x Hist p. 786. to 782. y Fabian part 7. p. 399 400 475. Generall Hist of France Holingshed Fabian Walsinghan Grafton Hall z Fabian part 7. p. 475 478. Generall Hist of France Hall Holinshed Speed a Fabian part 7. p. 479 480 481 488. Generall Hist of France b Fabian part 7. p. 490 521 522 523. c Phili. de Com. l. 5. c. 18. c Phili. de Com. l. 5. c. 18. Note Note d Gen. hist of France p. 421. 423. e Gen. hist of France p. 575. to 580. Grimst Imper. hist p. 647 648. * Note f Matthew Paris p. 270 271. g The generall Hist of France p. 6●● to 690. Note c Generall Hist of France 692 c. Richardus Din●thus de Bello Civili Gallico Religionis causa suscepto l. 2 3 4 6. Speeds Hist 1211 1212 1214. K. Iames Answer to Cardinall Peron i Gen. hist of France p. 744. Fox Acts and Mon Vol. 3. p. 1026 Edit ult k Gen. Hist of France p. 764. l Generall Hist of France p. 765 c. m Gen. Hist of France p. 834 835. * Mounsieur Daubern n The generall Hist of France p. 976 977 982. o Gen. Hist of France p. 914 915 1070 1071 1072 1094 1095 1110 113● 1172 1173 1174 1175 1181 1182 1183 1196 to 1220. p Gen. Hist of France p. 887. 888. q Gen. Hist of France p. 1009 1022 1023 1124 1154 1156 1157. r Gen. Hist of Fr. p. 1173 1174 1200. ſ Gen. Hist France p. 1207. t The continuation of the life of Lewes the thirteenth p. 2. 〈◊〉 7. u Ibid. p. 95 26. 29. 30. 31. 46. 49. 50. 74. 75 x Ibid p. 17. 18 24. y Ibid p. 59. to 120. z Lib. 2. c. 12. p. 179. to 187. Note a Continuation of the Gen. Hist of France p 13 to 150. b Ibid. p. 220. 3● 306. c See the Synopsis of his life * Catalogue Gloriae mundi pars 5. Consid 29 30. Andrew Favine Theatre of