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
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
they were exceedingly moved with indignation Yet no man durst speake openly of the matter by reason of the malice of those about the king and the irrationall youth of the king himselfe and so the benefits of the king and kingdome were trodden under foote by the countenance of the kings indiscretion and the malice of those inhabiting with him In the ninth yeare of king Richâ—rd the second Michael dâ— la Pâ—le Earle of Suffolke for grosse abuses bribery and Treason was put from his Chauncellourship fined 20000. markes to the king and condemned to dye Haec autem omnâ—a quanquam summe regi placuisse dâ—buerant maximè displicebant adeò fidebâ—t infideli adeo coiuit nebulonem Insomuch that the King and his familiars plotted to murther the Knights of the Parliament who most opposed the subsidie he demaunded and the said Michael together with the Duke of Glocester at a supper in London to which they should be invited thinking by this meanes to obtaine their wills But the Duke and they having timely notice thereof and Richard Exton then Major of Londoâ— freely telling the king when he was called to assent to this villany that he would never give his consent to the death of such innocents though Sir Nicholas Bramber Major thâ— yeare before had thereto assented this wickednesse was pâ—evâ—nted and being made publicke to all the inhabitants in the City and parts adjoyning from thenceforth the hatred of such counsellors and love of the Duke and foresâ—yd knights encreased among all men And the Duke and Knights with greater constancie and courage opposed De la Pole and after many delayes the king full â—ore against his will WAS COMPELLED to give a commission of Oyeâ— terminer to the Duke of Glocestâ—r and â—iâ—hard Earle of Arundell to heare and determine the businesses and complaints against De la Pole and all others which the Knights of the Parliament had accused who gave judgement of death against them and Thomas Arundell Bishop of Ely was mâ—de Chauncellour by the Parliament in De la Poles place and the Bishop of Durham removed from his Lord Treasurership with which he was much enamoted taking much pâ—ines and being at great cost to procure it and 〈◊〉 Gilbert Bishop of Herefoâ—d qui plus liâ— gua quam fide vigebat was suâ—rogaâ—ed in 〈…〉 But this Parliament ending the king immediately received De la Pole whom Walsingham stiles Pâ—rfidiae promptuarium sentiâ—a avaritiae aurâ—ga proditionis archa malitiae odii seminator mendacii fabric tor susurro nequissâ—mus dolo pâ—aestantiss mus artificiosus detractor patâ—iae delâ—toâ— consiliarius nequam meritò perfi us euomens spiritum in terra pâ—regrina together with the Duke of Ireland and Alexander Nâ—vell Archbishop of Yorke into his Court and favour who laboured night and day to incense the King against the Lords and to annull the Acts of this Parliament by which meanes the Kings hatred towards his Nobles and naturall faithfull people increased every day more and more these ill Councellors whispering unto him that he should not be a king in effect but onâ—ly in shâ—dow and that he should enjoy nothing of his owne if the Lords shouâ—d keepe tâ—eir received power The King therefore beleeving them from thenceforth suspected all the Nobles and suffered these ill Councellors and their confederates to wâ—st his revenues and oppressâ— his people Whereupon the next yeare following a Parliament being summoned the Lords and Commons by reason of great and horrible mischeifes and perils which had hapned to the King and the Realme aforetime by reason of evill Councellors and governance about the Kings person by the foresaid Archbishop of Yorke Robert de Vere Duke of Ireland De la Pole Robert Trisilâ—an Lord Chiefe Iustice of England Sir Nicholas Brambre and other their adherents who wasted demished and destroyed the goods treasure and substance of the Crowne oppresâ—sed the people dayly with importable charges neglecting the execution of the good Lawes and Customes of the Realme so that no full right nor justice was done c. whereby the king and all his Realme were very nigh to have beene wholy undone and destroyed for these causes and the eschewing of such like perills and mischeiefes to the King and Realme for time to come displaced and removed these ill Councellors and at their request a new Chauncellor Treasurer and Privie seale were ordained in Parliament even such as were held good sufficient and lawfull to the honour and profit of the King and his Reaâ—me And by advise and assent oâ— the Lords and Commons in Parliament in ayde of good governance of the Realme for the due executi us of good Lawes and the reliefe of the Kings and his peoples â—tates in time to come a speciall Câ—mmission under the great Seale of England confirmâ—d by the Statute of 10. R. 2. c. 1. was granted to both Archbishops the Dukes of Yorke and Glocester the Kings Vnclâ—s thâ— Bishops of Worcester and Exetor the Abbot of Waltham the Earle of Arundle the Lord Cobham and others to be of the Kings GREAT CONTINVALL COVNSELL for one yeare then next following to survey and examine with his sayd Chauncellor Treasurâ—r and Keeper â—f the Privie â—â—ale as well the estate and government of his house as of all his Courts and places as of all his Realme and of all his Officers and Ministers of whatsoever estate as well within the house as without to inquire and take information of all rents revenues profits due to him in any manâ—er within the Realme or without and of all manner of gifts granâ—s alienaâ—ions or confirmations made by him of any Land Tenements Rents Anuities Profiâ—s Revenues Wards Marriages and infinite other particulars specified in the Act and of all kinde of oppressions offenses and dammages whatsoevâ—r donâ— to tâ—e King or his people and them finally to heare and determine And that no man should councell the king to repeale this Commission though it tooke no effect under paine of forfaiting all his goods and imprisonment during the kings pleasure No sooner was this Parliament dissolved but this unhappie seduced King by the instigation and advise of his former ill Councellors endeavours to nullifie this Commission as derogatory to his royall power and sending for his Iudges and Councell at Law to Notâ—ingham Castle caused them to subâ—cribe to sundry Articles tending to the Totall subversion of Parliaments causing the Duke of Glocâ—ster and other Lords who procured this Commission to be indighted of high Treason to which Inditements the Iudges being over-awed with feare set their hands and seales for which illegall proceedings destructive to Parliaments by 11. R. 2. c. 1 to 7. these ill pernicious Councellours and Iudges were attainted and condemned of High Treason put from their Offices their Lands confiscated many of them executed the residue banished and above 20. other Knights Gentlemen and Clergie men who mis-councelled the King imprisoned condemned and banished the Court as
and 14. The Bishop of Durham late Chancellour of England to Henry the 5. deceased and the Bishop of London Chancellour of the Dutchy of Normandy severally shew that upon King Henry the 5. his decease they delivered up their severall Seales after their homage and fealty first made to King Henry 6. in the presence of divers honourable persons whom they name particularly desiring the Lords to attest their surrender of the said Seales at the time and place specified which they did and thereupon they pray that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity which is granted and entred accordingly Numb 15. It was enacted and provided by the said Lord Commissioner Lords and Commons that in as much as the Inheritance of the Kingdomes and crownes of France England and Ireland were now lawfully descended to the King which title was not expressed in the Inscriptions of the Kings Seales whereby great perill might accrue to the King if the said inscriptions were not reformed according to his Title of Inheritance that therfore in all the Kings Seales as well in England as in Ireland Guyen and Wales this new stile should be engraven Henricus Dei Gratia Rex Franciae Angliae Dominus Hiberniae according to the effect of his inheritances blotting out of them whatever was before in them superfluous or contrary to the said stile and that command should be given to all the keepers of the said Seales of the King to reforme them without delay according to the forme and effect of the new Seale aforesaid Numb 16 Duke Humfrey the Kings Commissary and the other spirituall and temporall Lords being sate in Parliament certaine Knights sent by the Speaker and whole House of Commons came before them and in the name and behalfe of the said Commonalty requested the said Duke that by the advise of the said Spirituall and Temporall Lords for the good government of the Realme of England he would be pleased to certifie the said Commons to their greater consolation what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England and Keeper of his Privie Seale Vpon which request so made due consideration being had and full advise taken and the sufficiency of those persons considered which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough the King following his Fathers example and advise by the assent of the said Lord Duke his Commissary and of all and every one of the Lords spirituall and temporall hath nominated and ordained anew the Reverend Father Thomas Bishop of Durham to the Office of his Chancellour of England William Kinwolmaâ—sh Clerk to the Office of Treasurer of England and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid that 〈◊〉 well to the said Chancellor of England as to the said Treasurer of England and to the said Keeper of his Privie Seale for the exercise of the said Offices severall letters patents should be made in this forme Henâ—icus Dei gratia Rex Angliae Franciae Dominus Hâ—berniae omnibus ad quos presentes liteâ—ae pervenerint 〈◊〉 Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES constituimus venerabilem patrem Thomam Episcopum Dunelmensem CANCELLARIVM nostrum ANGLIAE dantâ—s concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro omnes omnimodas auctoritatem potestatem adomnia ea fingula quae ad officium cancellarii Angliae de jure sive consuetudine pertinent seu quovis tempore pertinere consueverunt c. The like Patents verbatim are in the same role mutatis mutandis made to the said Treasurer of England and Keeper of the Privy Seale After which the said Duke by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury the Bishops of Winchester and Worâ—ester the Duke of Excester the Earle of Warwicke the Lords of Ferrers and Talbot to the Commons then being in the Commons House and notified to the Commonalty by the said Lords these Officers to be nominated and ordained to the foresaid offices in forme aforesaid Vpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made rendring many thanks for this cause to our Lord the King and all the said Lords as was reported by the said Lords in the behalfe of the Commons in the said Parliament Numb 17. The liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts are confirmed by Parliament and their grants ordered to be sealed with the Kings new Seales without paying any Fine Numb 18. Henry the 5. his last Will and the legacies therein given are confirmed by the Kings Letters Patents with the assent of the Lords and Commons in Parliament Numb 19. A subsidy is granted to be imployed for the defence of the Realme of England to which end the Lord Protectour promiseth it shall be diligently imployed Numb 22. and 23. The King by assent of all the Lords spiritual and temporall wills and grants that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England and of the Constableship of the Castle of Gloucester from the death of the Kings father so long as it shall please the King with all the fees profits and wages thereunto belonging in the same manner as they were granted to him by his Father Numb 24. The 27. day of this Parliament the tender age of the King being considered that he could not personally attend in these dayes the defence and protection of his Kingdome of England and the English Church the same King fully confident of the circumspection and industry of his most deare Vncles John Duke of Bedford and Humfrey Duke of Gloucester By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall and LIKEWISE OF THE COMMONS in this present parliament hath ordained and constituted his said Vncle Duke of Bedford now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME and of the Church of England and PRINCIPALL COVNSELLOR of our Lord the King and that he shall both be and called Protector and Defendor of the Kingdome and the Principall Councellor of the King himselfe after he shall come into England and repaire into the Kings presence from thenceforth as long as he shall stay in the Kingdome and it shall please the King And further our Lord the King BY THE FORES AID ASSENT and ADVICE hath ordained and appointed in the absence of his said Vncle the Duke of Bedford his foresaid Vncle the Duke of Gloucester now being in the Realme of England PROTECTOR of his said Realme and Church of England
that they be sworne to fore my Lord of Glocester and all the Lords of the Counsell that for no friendship they shall make no man privy but the Lords of the Counsell what the King hath in his Treasorie Numb 32. Item that the Clark of the Counsell be charged and sworne to truely enact and write daily the names of all the Loras that shall be present from time to time to see what how and by whom any thing passeth Numb 33. And after that all the Lords aforesaid had read before them the said Articles in Parliament and had well considered of them and fully assented and accorded to them the scedule of paper by certaine of the Honorable Lords of Parliament on behalfe of the King and all the Lords in Parliament was sent and delivered to the Commons to bee ascertained of their intent whereupon after the said Commons had advised the said Lords repeated in the said Parliament that the Commons thanked all the Lords and that THEY WERE WELL CONTENTED with all there contained in the said scedule WITH THIS that to the first of the said Articles there should be added one clause of purveiu which the said Lords repeated on the behalfe of the said Commons who delivered it to them in Parliament in one parchment scedule written in French the tenour whereof ensueth Provided alwayes that the Lords and other persons and Officers which have estate and authoritie some of inheritance some for terme of life and otherwise to make and institute by vertue of their offices deputy Officers and Ministers which appertaine to them to make of right and as annexed to them and to their offices of ancient time accustomed and used shall not be restrained nor prejudiced of that which appertaines to them by colour of this Ordinance or appointment To which parchment scedule and the contents thereof read before the Lords in Parliament the said Lords well agreed and fully consented Numb 44. The Queen Mothers dower formerly agreed appointed and sworne to buy all the three estates in Parliament in 9. H. 5. was now againe upon her Petition confirmed and setled by this Parliament after her husbands decease And Numb 41. Pet. 2. The Commons petitioned that it might then be enacted that no man nor woman should thenceforth be compelled nor bound to answer before the Counsell or Chancery of the King nor elsewhere at the suit or complaint of any person for any matter for which remedy by way of Action was provided by the Common law and that no privie Seale nor subpoena should issue thence before a Bill were first there exhibited and also fully allowed by two Iudges of the one Bench and other that the complainant for matters and grievances in the said Bill could have no action nor remedy at all by the common law c. A good Law to prevent the Arbitrary proceedings of these Courts which are now too frequent in subverting of the Common law Lo here in this Parliament we have a Lord Protector Chancellor Treasurer Keeper of the privie Seale Chamberlaine Privie Counsellors Constables of Castles and most other Officers of the King elected by Parliament yea a Commission for calling and holding this Parliament confirmed by this Parliament when met the Kings owne publike feales altered and new made a new stile conferred on the King a Kings last Will and a Queenes Dower when fallen confirmed by the Parliament and the privie Councell Court of Request and Chancery limited by it without any dimininution of the Kings prerogative royall what injury or disparagement then can it be to his Majesties royalties to have his great Officers Counsellers and Judges thus nominated and regulated in and by Parliament at this present surely none at all In the Parliament Rolls of 4. H. 6. num 8. I finde a Commission granted to John Earle of Bedford under the great Seale which was read in Parliament to supply the Kings place and power in this Parliament and to doe all that the King himselfe either might or ought to doe therein because the King by reason of his minoritie could not there personally attend to doe it Numb 10. The Commons by a Petition lamentably complained of the great discords and divisions betweene certaine great Lords and privie Counsellors of the Kingdome and more especially betweene the Duke of Glocester Lord Protector and the Bishop of Winchester Lord Chanceilor by which divers inconveniences might happen to the Realme if not speedily accommodated desiring the Duke of Bedford and other Lords to accord them Vpon which the Lord tooke a solemne Oath to reconcile them and made an accord betweene them which you may read at large in Hall Holinshed and other our Historians and in the Parliament Rolls Numb 12. 13. On the 13. day of March Numb 14. The Bishop of Winchester Lord Chancellor of England for certaine causes declared before the Lords in Parliament instantly desired to be discharged of his Office which causes they considering of and allowing he was by the Lords discharged from his said Office and the same day in like manner the Bishop of Bathe Treasurer of England requested to be freed from his Office which was that day done accordingly Numb 14. On the eighteenth day of March Iohn Bishop of Bathe and Wells late Treasurer of England by vertue of a privie seale directed to him brought the Kings great golden seale sealed up in a leather Bagge into the Parliament and really delivered it to the Earle of Bedford the Kings Commissary who receiving it of the said Bishop caused it to be taken out of the Bagge and to be seene of all and then to be put into the Bagge againe who sealing the Bagge with his signet he delivered it to be kept to the Bishop of London then CHANCELLOR OF ENGLAND BY ADVICE and ASSENT of the Lords spirituall and temporall in that Parliament Numb 18. The King by the advise of the Lords spirituall and temporall and by the assent of the Commons in Parliament makes an exchange of Lewes de Buâ—bon Earle of Vandosme taken prisoner at the battell of Agencourt for the Earle of Huntingdon taken prisoner by the French releasing the said Earle Vandosme of his Ransome and Oath Numb 19. The Duke of Bedford Constable of the Castle of Berwicke petitioned that the King BY AVTHORITY OF PARLIAMENT in regard of his absence from that charge by reason of his continuall imployments in the Kings service in France and elsewhere might license him to make a Lieutenant under him to guard that Castle safely Vpon which Petition the Lords spirituall and temporall granted him power to make a sâ—fficient Lieutenant such as the Kings Counsell should allow of so as the said Lieutenant should finde such reasonable sureties for the safe keeping of the said Castle as the Kings counsell should approve And in this Parliament BY ASSENT OF THE THREE ESTATES OF ENGLAND Richard Beauchamp Earle of Warwicke was ordained to be Governour of the young King in like
manner as the Noble Duke of Exceter was before appointed and designed to execute which charge he was sent for out of France the yeare following In the three and thirtieth yeare of this Kings reigne Richard Duke of York was made Protector of the Realme the Earle of Salisbury was appointed to be Chancellor and had the great seale delivered to him and the Earle of Warwick was elected to the Captainship of Calice and the territories of the same in and BY THE PARLIAMENT by which the Rule and Regiment of the whole Realme consisted onely in the heads and orders of the Duke and Chancellor and all the warlike affaires and businesse rested principally in the Earle of Warwick From which Offices the Duke and Earle of Salisbury being after displaced by â—mulation envie and jealousie of the Dukes of Somerset Buckingham and the Queene a bloody civill warre thereupon enfued after which Anno 39. H. 6. this Duke by a solemne award made in Parliament between Henry the sixth and him was againe made PROTECTOR AND REGENT OF THE KINGDOM By the Statutes of 25. H. 8. c. 22. 28. H. 8. c. 7. and 35. H. 8. c. 1. it is evident that the power and Right of nominating a Protector and Regent during the Kings minoritie belongs to the Parliament and Kingdome which by these Acts authorized Henry the eighth by his last Will in writing or Commission under hiâ— seale to nominate a Lord Protector in case he died during the 〈◊〉 of his heire to the Crowne and the Duke of Somerset was made Lord Protector of the King and Realme during King Edward the sixth his nonage BY PARLIAMENT And not to trouble you with any more examples of this kinde Mr. Lambard in his Archaion p. 135. Cowell in his Interpreter title Parliament Sir Henry Spelman in his Glossarium tit Cancellarius out of Matthew Westminster An. 1260. 1265. Francis Thin and Holinshed vol. 3. col 1073. to 1080. 1275. to 1286. and Sir Edward Cook in his Institutes on Magna Charta f. 174 175. 558. 559. 566. acknowledge and manifest That the Lord Chancellour Treasurer Privy Seale Lord chiefe Iustice Privy Counsellors Heretochs Sheriffs with other Officers of the Kingdome of England and Constables of Castles were usually elected by the Parliament to whom OF ANCIENT RIGHT THEIR ELECTION BELONGED who being commonly stiled Lord Chancellour Treasurer and chiefe Iustice c. OF ENGLAND not of the King were of right elected by the representative Body of the Realme of England to whom they were accomptable for their misdemeanors Seeing then it is most apparent by the premises that the Parliaments of England have so frequently challenged and enioyed this right and power of electing nominating recommending approving all publike Officers of the Kingdome in most former ages when they saw iust cause and never denuded themselves wholly of this their interest by any negative Act of Parliament that can be produced I humbly conceive it can be no offence at all in them considering our present dangers and the manifold mischiefes of the Kingdome hath of late yeeres sustained by evill Counsellors Chancellors Treasurers â—udges Sheriffs with other corrupt publike Officers to make but a modest claime by way of petition of this their undoubted ancient right nor any dishonour for his Maiesty nor disparagement to his Royall Prerogative to condiscend to their request herein it being both an honour and benefit to the King to be furnished with such faithfull Counsellors Officers Iudges who shall cordially promote the publike good maintaine the Lawes and subiects Liberties and doe equall iustice unto all his people according to their oathes and duties unfaithfull and corrupt officers being dangerous and dishonourable as well to the King as Kingdom as all now see and feele by wofull experience In few words If the Chancellors Iudges and other Officers power to nominate three persons to be Sheriffe in every County annually of which his Majesty by law is bound to pricke on â—lse the election is void as all the Iudges of England long since resolved and their authority to appoint Iustices of the Peace Escheators with other under Officers in each shire be no impeachment at all of the Kings prerogative as none ever reputed it or if both Houses ancient priviledge to make publike Bills for the publike weale without the Kings appointment and when they have voted them for lawes to tender them to the King for his royall assent be no diminution to his Soveraignty then by the selfe-same reason the Parliaments nomination or recommendation of Counsellors State-officers and Iudges to his Maiesty with a liberty to disallow of them if there be iust cause assigned can be no encroachment on nor iniury at all to his Maiesties Royalties it being all one in effect to recommend new Lawes to the King for his royall assent when there is need as to nominate meet Officers Counsellors Iudges to him to see these Lawes put in due execution when enacted So that upon the whole matter the finall result will be That the Parliaments claime of this their ancient right is no iust ground at all on his Maiesties part to sever himselfe from his Parliament or to be offended with them much lesse to raise or continue a bloody warre against them That the King hath no absolute Negative voyce in the passing of Bills of Common Right and Iustice for the publike good THe fourth great Objection or Complaint of the King Malignants Royallists against the Parliament is That they deny the King a negative Voyce in Parliament affirming in some Declarations That the King by his Coronation Oath and duty is bound to give his royall assent to such publike Bills of Right and Iustice as both howses have voted necessary for the common wealth or safety of the Realme and ought not to reject them Which is say they an absolute deniall of his royall Prerogative not ever questioned or doubted of in former ages To this I answer first in generall That in most proceedings and transactions of Parliament the King hath no casting nor absolute negative voyce at all as namely in reversing erronious Iudgments given in inferiour Courts damning illegall Pattents Monopolies Impositions Exactions redressing removing all publike grievances or particular wrongs complained of censuring or judging Delinquents of all sorts punishing the Members of either house for offences against the Houses declaring what is Law in cases of difficulty referred to the Parliament of which there are sundry presidents In these and such like particulars the King hath no swaying negative voice at all but the houses may proceed and give Iudgement not only without the Kings personall presence or assent as the highest Court of Iustice but even against his personall Negative vote or dissassent in case he be present as infinite examples of present and former times experimentally manifest beyond all contradiction Nay not only the Parliament but Kings Bench Common Pleas Chancery and every
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
contentment of all good Subjects joy and re-establishment of our peace in truth and righteousnesse To end the point proposed Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London But many of the Lords refused to come pretending causes and impediments by which their absence might well be excused and so this Parliament tooke no effect and nothing was done therein In this particular then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parliament Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wils Thus the Barons Prelates and Commons by open warre and Armes enforced both King Iohn and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking a solemne Oath one after another at Saint Edmonds upon the High Altar 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves from their Allegiance to him untill he should confirme to them by a Charter ratified with his Scale all things which they required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleeved he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforced King Iohn thus to ratifie these Charters for the better maintenance of them they elected 25. Barons to be the Conservators of their Priviledges who by the Kings appointment though much against his liking as afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe these Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obey the commands of the 25. Barons After this Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lords came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres and the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea-ports to be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof were these That the King should firmely keepe and conserve the Charter and Liberties of England which King John his Father made granted and ratified with an Oath and which himselfe had so often granted and sworn to maintaine inviolable and caused all the infringers of it to be horribly excommunicated by all the Bishops of England in his owne presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be made their Chiefe Iustice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honour of the King and kingdome To these their necessary Counsels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not desist to prosecute their purpose neither for losse of money or Lands nor love nor hate no nor yet for life or death of them or theirs till they had cleared England to which they and their forefathers were borne from upstarts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely armed that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath and his Sonne Prince Edward also that he would submit to their Counsels and all those their Ordinances for feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Which done all the Peeres and Prelates took their Oath To be faithfull to this their Ordinance and made all who would abide in the Kingdome to swear they would stand to the triall of their Peeres the Arch-Bishops and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger brother comming soone after into England to visit the King and his own Lands the Barons enforced him according to his promise sent them in writing before his arrivall to take this Oath as soone as he landed in the Chapter-house at Canterbury Hear all men that I Richard Earle of Cornewal swear upon the holy Gospels to be faithfull and forward to reforme with you the Kingdome of England hitherto by the Counsell of wicked men so much deformed And I will be an effectuall coadjutor to expell the Rebels and troublers of the Realm from out of the same This Oath will I observe under paine to forfeit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their jurisdictions to preserve themselves and the kingdome from slavery and desolation whom Matthew Paris his continuer for this service stiles Angliae Reipublicae Zelatores the Zelots of the English Republicke Neither is this their example singular but backed with other precedents In the second and third yeares of King Edward the second Piers Gavesâ—on his great proud insolent covetous unworthy Favorite miscounselling and seducing the young King from whom he had been banished by his Father swaying all things at his pleasure the Peers and Nobles of the Realme seeing themselves contemned and that foraine upstart preferred before them all came to the King and humbly entreated him That he would manage the Affaires of his Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incumbent dangers the King Voce tenus consented to them and at their instance summoned a Parliament at London to which he commanded all that ought to be present to repaire Where upon serious debate they earnestly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and to the Church of England The King imagining that they would order Piers to be banished a long time denied to grant their demand but at last at the importunate instance of them all he gave his assent and swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much
against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Arch-bishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against al who should contradict these Articles which they caused to be openly read in Pauls Church London in the presence of the Prelates Lords and Commons of the whole kingdom the King being present Among which Articles they demanded That Magna Charta with other provisions necessary to the Church and Realme should be observed that the King as his Father had commanded should thrust al Strangers out of his Court and kingdome and remove ill Counsellours from him That he would thenceforth order all the affaires of the kingdome by the Counsel of the Clergy and Lords and begin no war nor depart any where out of the kingdome without common consent The King consented to the Articles and banished Piers into Ireland No sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations together with his owne Oath never to reduce Piers sends for him back to his Court marrieth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe to retaine this Gaveston mangre all his Earles Barons and for the love of him to put his Crowne and life in perill when time should serve In which whether the King or his Favourite shewed lesse discretion it is not at the first easily determined it being as unsafe for the one with so offensive behavior to affect immoderate shew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon the Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the Barons message to the King by common consent That he should banish Piers from his company and observe the effect of the foresaid Articles or else they would certainly rise up against him as a perjured person by a like vow which speech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring up if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third time abjure the Realme with this proviso that if at any time afterward he were taken in England he should be forthwith put to death as a perilous enemy to the Kingdome yet he returning in Christmas to the King at Yorke the Lords spirituall and temporall to preserve the Liberties of the Church the kingdom and remove this Viper elected Tho. Earle of Lancaster for their Generall and sent honorable messengers to the King requesting him to deliver Piersinto their hands or drive him from his company out of England as being perswaded while that King-bane breathed peace could never be maintained in the Realme nor the King abound intreasure nor the Queene enjoy his love But the wilfull King would not condescend Whereupon the Lords thus contemned and deluded presently raise an Army and march with all speed towards Newcastle not to offer injury or molestation to the King writes Walsingham the case and purpose of the preâ—ent Parliaments Army but that they might apprehend Piers himselfe and judge him according to the Laws enacted Which when the King heard he fled together with Piers to Tynemouth and from thence to Scarborough Castle Where Piers was forced to yeeld himselfe upon condition to speake but once more with the king And then carried to Warwick Castle where he had his head strucke off at the command and in the presence of the Earles of Lancaster Warwicke and Hereford as one who had beene a subverter of the Lawes and an open Traytor to the kingdome and that without any judiciall proceedings or triall of his Peeres though an Earle and so deare a Favorite of the Kings Which bred a lasting hatred betweene the King and his Nobles Who being afterwards charged by the King in Parliament with their contempt against him in the spoiles committed by them at Newcastle and wickedly killing Piers they stoutly answered That they had not offended in any point but deserved his royall favour for that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act of Pardon that no man should be questioned for Gavestons returne or death printed in old Magna Charta Not long after this unfortunate King doting upon the two Spencers as much as ever he did on Gavesâ—on to whom they succeeded not onely in pride rapine oppression and intolerable inâ—olencies but even in height of familiarity and power with the King So as they ruled and lead the King as they pleased in so much that no Earle Baron or Bishop was able to dispatch any thing in Court without their advise and favour which made them generally envied of all because they domineered over all The Lords and Barons hereupon confederated together to live and die for justice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with their forces at Shirborne Thomas of Lancaster being their Captaine they tooke an oath to prosecute their designe to the division of soule and body Then they spoyled these Spencers and their friends goods take their Castles by violence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law and equity and following the impetuousnesse of their minds they march on to Saint Albons with Ensignes displayed and sent solemne messengers to the King then at London commanding him not onely to rid his Court but kingdome too of the Traytors of the Realme the Spencers condemned in many Articles which they had framed against them by the Commonalty of the Realme if he loved the peace of the Kingdome And they further required the King to grant letters Patents of indempnity to themselves and all such as had bore armes in their company that they should not be punished by the King or any other for their forepast or present transgressions The King denyed both these demands at first as unjust and illegall swearing that he would not violate his Coronation Oath in granting such a pardon to contemptuous Delinquents Whereupon running to their armes they marched up to London entred the City and to avoyd danger the King through the Queenes and others mediation condescended to their desires passing an Act for the Spencers banishment and the Barons indemnities which you may reade in ancient Magna Chartaes Upon this the Barons departed neither merry nor secure despairing of the Kings Benevolence which made them goe alwayes armed and to retire to safe places The King soone after recalling the Spencers reversed the sentence against them as erroneous gathers an Army encounters and defeates the Barons and puts many of them to death by these Spencers procurements who not content with their bloud procured also
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
as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Iewels without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carried the Iewels Plate and Treasure of the kingdome over the Sea into Ireland to the great impoverishing of the Realme And all the good Records for the Common-wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Iustices were sworne to say the truth for divers things to them committed in charge both for the honour of the Realme and profit of the King the said King so menaced them with sore threatnings that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Princes hands and at his disposing Item He craftily devised certaine privie Oathes contrary to the Law and caused divers of his Subjects first to be sworne to observe the same and after bound them in bonds for the firmer keeping of the same to the great undoing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times let wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth by the same Parliament which continued notwithstanding Richards deposition who summoned it was created King who in the first Parliament of his Raigne reversed and annulled as illegall the Parliament of 21 Richard 2. with all its Acts Circumstances and dependants and revived that of 11 Richard 2. in all points as made for the great honour and common profit of this Realme To these I might adde the Rebellious insurrections of Richard Scroope Arch-bishop of Yorke the Earle of Northumberland and their Complices against King Henry the fourth Anno 1405. to reforme the State and government relieve the Church and Common-weale and Depose King Henry in and by a forced Parliament The insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forests and other immunities of Church and Common-wealth which they would force him to confirme the severall insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vâ—lgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new onâ—es of their nomination to ratifie what propositions they required and subvert the government of the Realme with the severall Rebellions of the Popish Lincolneshire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the eighth his raigne Of the Cornish men Norfolke men Kent and others in Edward the sixth his Rule of the Popish Earles of Northumberland Westmorland and other Northerne Papists in Queene Elizabeths dayes by force of Armes to compell these severall Princes to summon Parliaments to repâ—ale all Lawes against Masse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demanded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both Houses representing the whole kingdome and against the generall consent of the people But I shall conclude with one ancient precedent more in one of our best Kings reignes In 25 E. 1. The Lords and Commons in Parliament grievoâ—sly complained and Petitioned to the Kingâ—against divers taxes tallages and prisages wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forest the imposition upon Wools and their summons to goe with him into Flanders to which they were not bound by Law The king excusing these taxes by reason of his necessity to maintaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barons of the Eschequer not to â—evie the eighth penny of the people granted to the King at Saint Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the king should confirme Magna Charta and Charta de Foresta with the other Articles to them annexed that he should exact and take â—o â—o aides taxe or tallage from the Clergy or Commons without their commoâ— consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeare of all those who should transgresse this Charter of his For which the Laity gave him the ninth and the Clergy the tenth penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his reign after some delaies he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-summoning them at quindena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to three Bishops three Earles and three Barons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope hereupon the king holding a Parliament at Stamford the 29. of his reigne the Lords and Barons repaired thither with great store of horses and Arms with a purpose to extort a full execution of the Charter of the Forests hitherto deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixthly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull summons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publike affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great Councels of Basil Constans and divers Popish Writers that a generall Councell once lawfully summoned by the Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution these Councels continued together and deposed sundry Popes notwithstanding
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
How well he observed this solemne Oath with many others of like nature made to his Lords and Subjects for confirmation of Magna Charta and their Liberties Matthew Paris will informe us who writes That the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prelates and Lords knew not how to hold this Proteus the King for where there is no truth there can be no fixed confidence That though be sometimes humbled himselfe confessing that he had beene often bewitched by ill counsell and promised with a great Oath solemnely taken upon the Altar and Coffin of Saint Edward that he would plainely and fully correct his former Errors and graciously condescend to his naturall Subjects good counsell yet his frequent preceding breaches of Oathes and promises Se penitus incredibilem reddiderunt made him altogether incredible so that though he usually heard three Masses every day but seldome any Sermons as Walsingham notes yet none would afterwards beleeve him but ever feared and suspected his words and actions and to avoid the infamy of perjury which he feared he sent to the Pope to absolve him from his Oathes he repented of who easily granted him an absolution Such faith such assurance is there in the Oathes the Protestations of Princes to their Subjects whose Politicke capacities oft times have neither soule nor conscience and seldome keepe any Oathes or promises no further than it stands with their owne advantages reputing onely pious frauds to over-reach and intrap their credulous people This perfidiousnesse in the King made his long Reigne full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne and Kingdome as our Historians informe us for which he repented and promised amendment at his death Bracton an antient Lawyer in this Kings daies writes That the King in his Coronation OUGHT by an Oath taken in the name of Iesus Christ to promise these three things to the people subject to him First that he will command and endeavour to his power that true peace shall be kept to the Church and all Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities in all degrees Thirdly That in all judgements he will command equity and mercy that so God who is gracious and mercifull may bestow his mercy on him and that by his justice all men may enjoy firme peace For saith he a King is SACRED and ELECTED to wit by his Kingdome for this end to doe justice unto all for if there were no justice peace would be easily exterminated and it would be in vaine to make Lawes and doe justice unlesse there were one to defend the Lawes c. The forme of the Kings Coronation Oath ever since Edward the second hath beene this and is thus administred The Metropolitan or Bishop that is to Crowne the King with a meane and distinct voyce shall interrogate him if he will confirme with an Oath the Lawes and Customes granted to the people of England by ancient just and devout Kings towards God to the same people and especially the Lawes and Customes and Liberties granted by glorious King Edward to the Clergie and People And IF HE SHALL PROMISE that he will assent to all these Let the Metropolitan or Bishop expound to him what things he shall sweare saying thus Thou shalt keepe to the Church of God to the Clergie and people peace intirely and concord in God according to thy power The King shall answer I will keepe it Thou shalt cause to be done in all thy judgements equall and right justice and discretion in mercy and verity according to thy power He shall answer I will doe it Thou grantest just Lawes and Customes to be kept and thou dost promise that those Lawes shall be protected and confirmed by thee to the honour of God QUAS VULGUS ELEGERIT which the people shall chuse according to thy power He shall answer I doe grant and promise And there may be added to the foresaid Interrogations what other things shall be just All things being pronounced he shall with an Oath upon the Altar presently taken before all confirme that he will observe all these things There hath beene a late unhappy difference raised betweene the King and Parllament about the word ELEGERIT the Parliament affirming the word to signifie shall chuse according to sundry written Rolles and Printed Copies in Latine and French the King on the contrary arffiming it should be hath chosen But he that observes the words of these ancient Oathes Populo tibi commisso rectam justiciam exercebis malas leges iniquas consuetudines si aliquae fuerint in Regno tuâ— delebis bonas observabis all in the future tence and the verbes servaâ—is Facies fieri protegendâ—s corroborandas in the former and same clauses of the Oath now used all of them in the future with the whole Scope intent and purport of this part of the Oath must necessarily grant shall chuse to be the true reading and that it referres to the confirmation of future Lawes to be afterwards made in Parliament not to those onely in being when the Oath was administred else Kings should not be obliged by their Oathes to keepe any Lawes made after their Coronations by their owne assents but onely those their Predecessors assented to not themselves which were most absurd to affirme But because I have largely debated this particular and given you an account of our Kings Coronation Oathes from King Richard the seconds Reigne downeward in my following Discourse and debate of the Kings pretended Negative voyce in passing Bils in Parliament I shall proceed no further in this subject here From these severall Oathes and Passages the usuall forme of the Nobles proclaiming such and such Kings of England the fore-cited Histories the manner of our Kings Coronation thus expressed in the close Roll of 1 R. 2. n. 44. Afterwards the Archbishop of Canterbury having taken the corporall Oath of our Lord the King to grant and keepe and with his Oath to confirme the Lawes and customes granted to the people of the Kingdome of England by ancient just and devout Kings of England the progenitors of the said King and especially the Laws Customes and Freedomes granted to the Clergy and people of the said Kingdome by the most glorious and holy King Edward to keepe to God and the holy Church of God and to the Clergy and people peace and concord in God entirely according to his power and to cause equall and right Iustice to be done and discretion in mercy and truth and also to hold and keep the just Lawes and customes of the Church and to cause that by our said Lord the King they should be protected and to the honour of God corroborated which the PEOPLE SHOULD JUSTLY AND REASONABLY CHUSE to the power of the said Lord the King the aforesaid Archbishop going to the foure sides
to his estate All these things concluded they ELECTED his son Edward King in the great hall at Westminster with the UNIVERSALL CONSENT OF THE PEOPLE THERE PRESENT and the Archb. of Canterbury thereupon makes there a Sermon on this Text Vox populi vox Dei exhorting the people to invoke the king of kings for him they had then chosen It was further ordered and agreed that during the Parliament time a solemne Message should be sent to the King to Kenelworth Castle where he was kept prisoner to declare unto him not only the determination of the three estates concerning HIS DEPOSING FROM THE KINGDOME but also to resigne unto him IN THE NAME OF THE WHOLE REALME all their homage that before time they had done him and to doe this message there was certaine select persons chosen by the Parliament namely the Bishops of Winchester Hereford and Lincoln two Earles two Abbots foure Barons two Iustices three knights for every County and for London the Cinqueports and other Cities and Burroughes a certaine chosen number with the Speaker of the Parliament whose name was Sir William Trâ—ssell who comming into the Kings presence told him That the Common-weale had received so irrâ— concileable dislikes of his government the particulars whereof had been opened in the Assembly at London that it was resolved never to indure him as King any longer That notwithstanding those dislikes had not extended themselves so farre as for his sake to exclude his issue but that with universall applause and joy THE COMMON-WEALE HAD IN PARLIAMENT ELECTED HIS ELDEST SONNE THE LORD EDWARD FOR KING That it would be a very acceptable thing to God willingly to give over an earthly kingdome for the common good and quiet of his Country which they said could not otherwise be secured That yet his honour should be no lesse after his resignation then before it was onely him the Commonweale would never suffer toraigne any longer They finally told him That unlesse he did of himselfe renounce his Crowne and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all homage and fealty would elect some other for king who should not be of the blood This message strucke such a chilnesse into the King that he fell groveling to the earth in a swoun which the Earle of Leicester and Bishop of Winchester beholding run unto him and with much labour recovered the halfe dead King setting him on his feet who being come to himselfe the Bishop of Hereford running over the former points concludes saying as in the person of the Commonwealth That the king must resigne his Diadem to his eldest sonne or after the refusall suffer THEM TO ELECT SUCH A PERSON AS THEMSELVES SHOULD JUDGE TO BE MOST FIT AND ABLE TO DEFEND THE KINGDOME The dolorous King having heard this speech brake forth into sighes and teares made at the last this answer to this effect That he knew that for his many sinnes he was fallen into this calamity and therefore had the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him as that they should utterly abhor his any longer rule and soveraignty and therefore he besought all that were there present to forgive and spare him being so afflicted That neverthelesse it was greatly to his good pleasure and liking seeing it could none other be in his behalâ—e that his eldest sonne was so gracious in their sight and therefore he gave them thanks for chusing him their King This being said then was a proceeding to the short Ceremonies of his resignation which principally conâ—isted in the surrender of his Diadem and Ensignes of Majesty to the use of his Sonne the new King Thereupon Sir William Trussell the Speaker ON THE BEHALFE OF THE WHOLE REALM renounced all homage and allegiance to the said Edward of Carnarvan late King in these words following I William Trussell IN THE NAME OF ALL MEN OF THIS LAND OF ENGLAND AND OF ALL THE PARLIAMENT PROCURATOR resigne to thee Edward the homage that was sometimes made unto thee and from this time now forward I defie thee AND DEPRIUE THEE OF ALL ROYALL POWER I shall never be attendant to thee as King after this time After which King Edward the third being solemnly crowned proclaimed his peace to all his people in these words Edward by the grace of God King of England Lord of Ireland and Duke of Aquiâ—ane to N. N. our Sheriffe of S. greeting Because the Lord Edward our Father late King of England by THE COMMON COUNSELL AND ASSENT OF THE PRELATES EARLS BARONS AND OTHER THE CHIEFE MEN AND WHOLE COMMONALTIE OF THE KINGDOM did voluntarily remove himselfe from the government thereof willing and granting that We as his eldest Sonne and Heire should take upon us the rule and regiment of the same and we with the counsell of the Prelates Earls and Barons aforesaid yeelding therein to our Fathers good pleasure and will have taken upon Vs the Governanse of the said Kingdome and as the manner is have received the Fealties and Homages of the said Prelates and Peeres We therefore desirous that Our peace for the quiet and calme of Our people should be inviolably observed do will and command you that presently upon sight of these presents you cause Our Peace to be proclaimed throughout your Bayli-wick forbidding all and every one on Our behalfe under paine and perill of disinheritance and losse of life and limbs not to presume to violate or infringe Our said Peace but that every one pursue or follow his Actions and Complaints without any manner of outrage according to the Laws and Customs of Our Kingdome for We are ready and alwayes will be to administer full right to all and singular complaints as well of poore as rich in Our Courts of Iustice. The second President is that of King Richard the second who being taken prisoner by Henry Duke of Lancaster An. 1399. the Duke soone after on the thirteenth of September called a Parliament in the Kings Name wherein was declared how unprofitable King Richard had been to the Realme during his reigne how he subverted the Lawes pâ—lled the people ministred Iustice to no man but to such as pleased him And to the intent the Commons might be perswaded that he was an unjust and unprofitable Prince and a Tyrant over his Subjects and THEREFORE WORTHY TO BE DEPOSED there were set forth certaine Articles to the number of 32. or 38. as some record very hainous to the eares of many some whereof I have formerly recited and the residue you may read in Hall Grafton Haywood Trussell and others After which Richard was charged with the foresaid Articles there was an instrument made declaring his Answers and how he consented willingly to be deposed the Tenor of which instrument was as followeth This present Instrument made the Munday the 29. day of September and feast
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
declinat ad injuriam Dicitur enim Rex à bene regendo non à regnando quia Rex est dum bene regit Tyrannus dum populum sibi creditum violenta opprimit dominatione Temperet igitur potentiam suam per legem quae fraenum est potentiae quod secundum leges vivat quia hoc sanxit Lex humana quod leges suum ligent latorem alibi in eadem Digna vox Majestate regnantis est legibus alligatum se Principem profiteri Item nihil tam proprium est imperii quam legibus vivere Et majus imperio est legibus submittere principatum merito debet retribuere legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Item cum non semper oporteat Regem esse armatum armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. tâ— 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need feare this Supream prerogative power of Parliaments which hath laine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists attribute farre more divine authority and Soveraigne Iurisdiction over Emperours Kings Princes Kingdomes Subjects to the Pope their Lord and God whom they make the Supreame Monarch of the World and all kingdomes in it and give him greater authority to summon ratify and dissolve generall Councels then ever any Christian King or Emperour challenged or usurped yet those who maintaine these Paradoxes of the Popes Supremacy confesse that a Generall Councell is above the Pope and may upon just cause though they all plead his Soveraignety to be jure divino and his person most sacred terming him his Holinesse in the abstract not onely convent and censure the Pope for his misdemeanâ—urs but likewise actually depose him and set up another in his stead as the Councels of Pisa Constans Basil which deposed foure Popes namely Gregory the 12. Benedict the 13. Iohn the 23. and Eugenius the fourth the Councell of Chalcedon against Pope Leo the Councell of Sinuessa against Pope Marcellinus the sixth seventh and eighth generall Councels against Honorius the Councels of Wormes and Brixia against Hildebrand the Councell of Pisa summoned An. 1511. of purpose to depose Pope Iulius for his perjury experimentally manifest and sundry popish Writers acknowledge Now the Councell of Basil as I shewed before defined That the whole Kingdome or Parliament hath as great power over their Kings as a Councell hath over the Pope Therefore by Papists verdicts they are above the King in point of Soveraigne power as a Councell is above the Pope which Iohn Mariana de Rege Regis Instit. l. 1. c. 3. to 10. professedly proves at large 12. That Court which may lawfully censure question depose banish execute the Kings greatest Favorites Officers Judges yea Lord Protectors themselves the highest Peeres of the realme notwithstanding such are said to be Gods Ordained of God Gods Ministers To decree iudgement by God to be the higher powers c. in Scripture as well as Kings and that not onely with but against the Kings good will must questionlesse be the highest power and jurisdiction in the realme else the Kings and their Authorities might protect them against its Justice But the Parliament may lawfully censure question depose banish execute all or any of these not onely without but against the Kings consent witnesse the proceedings in Parliament against Willam Longchamp Bishop of Ely Chiefe Justitiar Lord Chancellor and Vice-roy of England in Richard the first his reigne during his absence in the Holy Land from which offices he was by the Peeres and Commons deposed for his misdemeanour and oppressions Pierce Gaveston and the two Hugh Spencers in Edward the seconds reigne of banished by Parliament and violently put to death though the Kings highest Officers and darling Minions Michael De la pole with other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peeres in Parliament together with Treâ—ilian Belknap and their fellow Judges who misadvised him in point of Law Humphrey Duke of Glocester protector to king Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered Cardinall Wolsey that powerfull favourite to king Henry the eight accused and put from his Chancellorship and other Offices by the Parliament The Duke of Sommerset Lord protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Deputy of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our stories and records Nay Queenes themselves have undergone the censures of Parliament of which we have sundry precedents in king Henry the eight his reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to menion the Parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants and of the extraordinary traine and expences of the Kings owne Court and gifts for which I finde these following Presidents with others collected by Mr. William Noy himselfe as is reported his Majesties late Atturney Generall An. 1634. in a Manuscript entituled A Declaration c. passing under his name Anno 3 Ed. 3. the houshould was reformed by the petition of the people An. 1 R. 2. the houshold was brought to such moderation of expense as may be answerable to the revenue of the Crown in and by Parliament Anno. 5 6 R. 2. the Commons petition was that the excessive number of the Kings meniall servants may be remedied or else the realme would be utterly undone and that his houshould might not exceed the ordinary revenue of the realme Anno 4 H 4. the people crave a reformation of the Kings house Anno 7. that he would dismisse some number of the retinue since it was now more chargeable and lesse honourable then his progenitors and that the ancient Ordinances of the houshold in â—ase of the people might be kept and the Officers of the houshold sworne to put the Ordinances and Statutes in due execution and to consider the griefes of his Subjects by unjust purveyance contrary to the Statute that hereafter he might live OF HIS OWNE GOODS IN EASE OF HIS PEOPLE Which the King willingly doth as appeareth by an Ordinance in Counsell whereby the charge of the houshold is limited to 16000. markes Anno 12 18 H. 6. the charge of the Kings house is reduced to a certainty lessened by petition and order in Parliament Anno 12 E 4.
by his Bill exhibited to this Parliament averred had divers times at sundry Parliaments in his time holden said that hee would have his intent and pleasure concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde he would by one meanes or other bring him out of his life And further said to him at Lichfield in the one and twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons have him in as great awe and dread as ever they had of any his Progenitors so that it might bee chronicled of him that none passed him of honour and dignity with condition that he were deposed and put from his said dignity the next morrow after So wilfull was hee as to preferre his will before his Crowne or safety In the yeares 1440. and 1441. Richard Duke of Yorke came into the Parliament House and there in a large Oration laid claime and set forth his Title to the Crowne of England which King Henry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene them both sides submitting to their resolution as the proper Iudges of this weighty royall controversie After long debate and consideration of the case among the Peeres Prelates and Commons of the Realme it was finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yeares and more that he should enjoy the name and title of King and have possession of the Realme during his naturall life And if he either died or resigned or FORFAITED THE SAME for breaking any part of this concord then the said Crowne authority royall should immediately descend to the Duke of Yorke King Edward the 4. his Father if he then lived or else to the next heire of his line And that the said Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the King did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the death of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke TO TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed and swore to and then caused them to be enacted Loe here we have these two Kings submitting their Titles to the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraigne Judge betweene them who setled the Crowne in this order under paine of forfeiting it by King Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in his full age as Walsingham informes us a Parliament constituted Duke Humfry to bee Protector of him and his Kingdome of England and the Duke of Bedford to bee Regent of France during his minority who exercised all regall power by vertue of that authority which the Parliament derived to them After this in these two Kings reignes the Crowne and its descent were variously setled by Parliament as I have formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it was altered or reversed by another Parliament King Richard the third comming to the Crowne by usurpation to strengthen his Title procured the Lords and Commons to passe an Act of Parliament wherein they declare him to bee their lawfull King both by election and succession entaile the Crowne upon him and the heires of his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in the royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teacheth that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled in Parliament and by the Authority of the same makes before all other things most faith and certainty and quieting of mens mindes removeth the occasion of all doubts and seditious language Henry the seventh afterwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to settle the inheritance of the Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace of God so to endure and on none other and all attainders and Acts against him by Edward the fourth and King Richard this Parliament annihilated After him King Henry the eighth to ratifie his divorce from Queen Katherine caused it to be confirmed and his marriage with her to be utterly dissolved by Act of Parliament and by sundry Acts ratified his subsequent Marriages and setled the descent of the Crowne to his posterity somewhat different from the course of the Common Law which Statutes were afterwards altered and the descent of the Crowne setled by other speciall Bils in Parliament both in Queene Maries and Queene Elizabeths Reignes whose Titles to the Crowne were setled and in some sort created by the Parliament By the notable Sta. of 13. Eli. c. 1. worthy reading for this purpose it is made no lesse then high Treason to affirme That the Queene WITH and BY THE AUTHORITY OF THE PARLIAMENT of England is not able to make Lawes and Statutes of sufficient force and validity to BINDE LIMIT RESTRAINE and governe all PERSONS THEIR RIGHTS AND TITLES THAT IN ANY WISE may or might claime any interest or possibilitie IN OR TO THE CROWNE OF ENGLAND in POSSESSION REMAINDER INHERITANCE SUCCESSION or OTHERWISE HOWSOEVER and all other persons whatsoever King Edward the sixt Queene Elizabeth and other our Princes holding their Crownes by a Parliamentary Title rather then by the course of the Common Law which this Statute affirmes the Parliament hath power to alter even in case of descent of the Crowne It is observable that the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 7. and 35 H. 8. c. 1. doe not onely Nulliâ—ie some of this Kings marriages and ratifie others of them declaring some of his issues legitimate and hereditable to the Crowne others not and appoint the Queene if living to be Protector of the infant King or Queene that should inherit the Crowne or such of the Lords as the King by his last will should designe But likewise prescribe strict Oathes for every Subject to take to maintaine the Succession of the Crowne as it is limited by those Acts which Oathes for any to refuse is made high Treason or to write or speake any thing against the succession of the Crowne as it is therein limited And withall they derive a plenary authority to the King who thereupon acknowledgeth the
with a Popish blinde Obedience to all royall Commands though never so illegall out of an implicit Faith that what ever the King Commands though against the expresse Lawes of God and the Realme and Resolutions of both Houses of Parliament may and ought to be obeyed 〈…〉 as some new Doctorâ— teach hath induced not onely many poore Ignorant English and Welsh silly soules but likewise sundry Nobles and Gentlemen of quality very unworthily to engage themselves in a most unnaturall destructive warre against the High Court of Parliament and their Dearest Native Country to their eternall infamies and which is almost a miracle to consider to joyne with the Iesuiticall Popish Party now in Armes both in England and Ireland and some say under the Popes owne Standard not onely to subvert their owne Lawes and Liberties but the very Protestant Religion here estabished which they professe they fight for In this deplorable warre many thousands have beene already destroyed and the whole Kingdome almost made a desolate wildernesse or like to be so ere this Spring passe over and all onely for want of knowledge in the premises which would have prevented all those Miseries and Distractions under which we now languish almost to desperation and death it selfe To dissipate these blacke Clouds of Egyptian Darkenesse spread over all the Land distilling downe upon it in showres of Blood insteed of Aprill drops of raine and I pray God they make not all our May-flowers of a Sanguine dye I have after a long sad Contemplation of my deare Countries bloody Tragedies at the speciall Request of some Members of Parliament according to my weake Ability and few Houres vacancy from other distracting Imployments hastily compiled this undigested ensuing Fragment with the preceding Branch thereof and by their Authority published that in dismembred Parts which by reason of its difficultie to the Printers urgencie of present publike affaires now in agitation I was disabled to put forth together with the remaining member in one intire Body as I desired Be pleased therefore kindly to accept that in Fractions for the present which time onely must and God-willing speedily shall compleat which by Gods blessing on it may prove a likely meanes to comprimise our present Differences and re-establish our much-desired Peace together with our Religion Lawes Liberties in their Native purity and glory the very Crownes and Garlands of our Peace Peace accompained with Slavery and Popery both which now menace Us being worse then the worst of Warres and an honourable death in the field fighting against them better by farre then a disconsolate sordid slavish life or a wounded oppressed Conscience though in a royall Pallace under them From such a disadvantageous enslaving ensnaring unwelcome Peace Good Lord Deliver Us. All I shall adde is but this request A Charitable Construction of this meane Service for my Countries Liberty Tranquility Felicity and if thou or the Republicke reap any benefit thereby let God onely enjoy thy Prayses the Author thy Prayers And because I have walked in an untrodden path in all the Parts of this Discourse Si quid novisti rectius istis Candidus imperti si non his uteremecum THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES HAVING answered in the former Part the Grand Objection against the Parliaments Soveraigne Power I shall in this proceed to the particular crimes now objected against it The second grand complaint of his Majesty and others against the Parliament is That both Houses by a meere Ordinance not onely without but against the Kings assent have unjustly usurped the power of the Militia a chiefe flower of the Crowne and in pursuit thereof not onely appointed Lieutenants and other Officers to muster the Trained Bands in each County but likewise seised the Ports Forts Navy and Ammunition of the King together with his Revenues to regaine all which his Majesty hath beene necessitated to raise an Army and proceed against them in a Martiall way This unhappy difference about the Miâ—itia being next to the Introduction of Popery the spring from whence our uncivill warres have issued and the full discussion thereof the most probable meanes to put a speedy period to them I shall with as â—uch impartiality and perspicuity as I may like a faithfull Advocate to my Country and cordiall indifferent well-wisher both to King and Parliament truely state and debate this controversie beginning with the occasions which first sâ—t it on foote In the late happily composed Warre betweene England and Scotland occasioned by the Prelates divers Counties of England were much oppressed by their Lieutenants with illegall Levies of Souldiers Coat and Conduct money taking away the Trained Bands Armes against their consents and the like for which many complaints were put up against them to this Parliament many of them voted Delinquents unfit for such a trust and all their Commissions resolved to be against Law so that the Militia of the Realme lay quite unsetled Not long after our Northerne Army against he Scots the pacification being concluded was by some ill instruments laboured to march up to London to over-awe or dissolve the Parliament and quash the Bill against the Bishops sitting in the House Which plot being discovered and the chiefe Actors in it flying over-sea ere it tooke effect made the Parliament jealous and fearefull of great dangers if the Command of the Forces of the kingdome then vacant should be continued in ill-affected or untrusty Officers hands which distrusts and feares of theirs were much augmented by the suddaine generall rebellion of the Papists in Ireland who pretended his Majesties and the Queenes Commissions for their warrant by his Majesties unexpected accusation of and personall comming with an extraordinary Guard into the House of Commons to demand the five Members of it whom he charged with high Treason by his entertaining of divers Captaines as a supernumerary Guard at White-hall and denying a Guard to the House by the Earle of New-castles attempt to seise upon Hull and the Magazine there by command by the Lord Digbies advise to the King to retire from the Parliament to some place of strength by the Reports of Foraine Forces prepared for England through the solicitation of those Fugitives who had a finger in the former plots and by the Queens departure into the Netherlands to raise a party there Hereupon the Parliament for their owne and the kingdomes better security in the midst of so many feares and dangers threatned to them importuned his Majesty to settle the then unsetled Militia of the kingdome by a Bill for a convenient time and seeing the King himselfe could not personally execute this great trust but by under-officers by the same Bill to intrust such persons of quality and sincerity nominated by both Houses and approved by the King as both his Majesty Parliament and kingdome might securely confide in to exercise the Militia and keepe the Forts Magazine and Ammunition of the kingdome under him onely as
goe unto it petitioning the King to desist from this Warre and at last caused the King in Parliament to release these services And Anno 1205. The Lords and Commons for this very reason refused to go with King Iohn to his warres in France to recover his inheritance there In the sixt yeare of King Richard the second in a Parliament holden at London it was for many dayes together debated whether the Bishop of Norwich Henry Spensâ—r whâ—m the Pope had made Generall of his Forces against the Schismatickes of Flanders giving great indulgences to those who should assist him in person or with Monies in this Warre should undertake that Warre or no and after muâ—h opposition of the Captaines of the kingdome alledging that it was not safe to commit the people of the King and kingdome to an unexpert Priest it was at last resolved in Parliament through the constancy and valour of the Knights and Commons that he should undertake this war and goe Generall of the Army Which office he valiantly managed with good successe being a better Souldier than Preacher And the same yeare in another Parliament at London it was Decreed BY THE PARLIAMENT that because the Scots had broken their Faith with the English Faith should be broken with them Frangenti fidem fides frangatur eidem And that a select power should be sent into Scotland out of England to wit a thousand Lances and 2000. Archers to curbe their attempts under the conduct of the Lord Thomas of Woodstocke which the Scots being informed of were greatly afraid and in the end of the Parliament sent humble supplicants to it to treat with them about a peace or truce which they desired But the English having had such frequent experience of their falshood would neither treat nor compound with them but reviling their messengers commanded them to returne home wishing them to defend their heads and rights as well as they could Who returning the Northerne Lords undertooke the defence of their Country untill Thomas of Woodstocke should be pâ—epared to ayd them with greater Forces Loe here both Generalls Armies Warres appointed by the Parliament and Subsidies likewise granted to supply them and the making of a peace or truce referred to them it being agreed in a former Treaty that if any dammage or injury should be done by either Nation one to another some speciall Committees should be sent to the Parliament of both kingdomes every yeare who should publikely relate the injuries sustained and receive amends according to the dammage suffered by the judgement of the Lords In the Printed Statutes of 18 Ed. 3. Parliament 2. and in our Historians too I finde this preamble recited almost verbatim the next Parliament the same yeare chap 1. It is to be remembred that at the Parliament hâ—lden at Westminster the munday next after the Utas of the Holy Trinity in the Reigne of our Soveraigne Lord the King that now is of England the 18. and of France the 5. many things were shewed in full Parliament which were attempted by the adversary party against our Soveraigne Lord the King of France against the Truce late taken in Britaine betwixt our Soveraigne Lord the King and him And how that he enforceth himselfe as much as he may to destroy our said Soveraign Lord the King and his Allies Subjects Lands and places and the tongue of England And that was prayed by our said Soveraigne Lord the King of the Prelates great men and Commons THAT THEY WOULD GIVE HIM SUCH COUNSELL and AIDE AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY And the same Prelates great men and Commons taking good deliberation and advice and openly seeing the subversion of the Land of England and Kings great businesse which God defend if hasty remedy be not provided HAVE COUNSELLED JOYNTLY and SEVERALLY and prayed with great instance our Soveraigne Lord the King that he would make him as strong as he might to passe the Sea in assurance of the ayde of God and his good quarrell effectually at this time TO MAKE AN END OF HIS WARRES BY WAY OF PEACE OR ELSE BY FORCE And that for Letters words nor faire promises he shall not let his passage till he see the effect of his businesse And for this cause the said great men do grant to passe and adventure them with him And the said Commons doe grant to him for the same cause in a certaine forme two Quinzimes of the Commonalty and two Dismes of the Cities and Burroughes to be levyed in manner as the last Quinzime granted to him and not in other manner c. So that the money levyed of the same be dispended in the businesse shewed to them this Parliament BY ADVICE OF THE GREAT MEN THERETO ASSIGNED And that the aydes beyond Trent BE PUT IN DEFENCE OF THE NORTH A pregnant Precedent of the Parliaments interest in concluding Warre and Peace and disposing of the ayde contributed towards warres to such persons and uses as they deeme meete to confide in By these with infinite other precedents the Statute of 1 Iac. c. 2. and the Act of Pacification and oblivion betweene Scotland and England made this very Parliament enacting that no warre shall be levyed or made by any of either Nation against the other without consent of Parliament under paine of High Treason It is evident that the principall right of concluding denouncing Warre or peace resides in the Parliament and that the King without its previous advice and consent ought not to proclaime any open warre since the Subjects estates and persons must support wage it and receive most disadvantage by it a truth not onely implyed but resolved by his Majesties owne royall assent this very Parliament in the Act of Pacification betwixt England and Scotland Neither is this thing unusuall but common in other Kingdomes Livy Polybius Grimston Plutarch Iohn Bodin expresly affirme and confirme by sundry examples That in the Roman State both under their Kings and Emperours the chiefe power of denouncing warre and concluding peace was in the Senate and people And if any of their Emperours Consuls or Generals concluded peace without their consents it did not binde but was meerely voyd unlesse the Senate and people ratified it by a new decree neither might any warre be decreed but in the great assembly of the Senate and people together and by a publike Law And because Caesar had without command of the people made warre in France Cato Uticensis delivered his opinion in the Senate that the Army was to be called home and Caesar for his presumption delivered up to the Enemy So in the States and Kingdomes of the Athenians Aetolians Polonia Sweden Denmarke and Norway no Warre was begunne nor Peace concluded by their Kings but by the authority and preceding decree of their Senates Parliaments and Diets as Bodin proves at large The like Buchanan affirmes of the Kings of Scotland and we have divine authority
concurring with it Iosh. 22. 11 12 c. Iudg. 20. 1. to 48. compared with Prov. 20. 18. c. 24. 6. and Iudg. 11. Secondly All preparations belonging to warre by Land or Sea have in the grosse and generall beene usually ordered limited and setled by the Parliaments as namely First What proportions and summes of money should be raised for the managing of the warre in what manner and time it should be levyed to what hands it should be paid and how disbursed which appeares by all the Bills of Subsidies Tenths Taxes Tonnage and Poundage in the Reignes of all our Kings Secondly How every man should be Mustered Arrayed Armed According to his estate as is cleare by all our Statutes of Armour Musters Captaines Ships Horses Warres reduced under heads by Rastall where you may peruse them by Justice Crookes and Huttons Arguments against Ship-money Sir Edward Cookes Institutes on Magna Charta f. 528 529. the Parliaments two late Declarations against the Commission of Array and the Statute of Winchester 13. E. 1. c. 6. Thirdly How farre every man shall March when he is Arrayed when he shall goe out of his owne County with his Armes when not who shall serve by Sea who by Land how long they shall continue in the Warres when they shall be at their owne when at the Kingdomes when at the Kings costs or wages and for how long time as the Marginall Statutes and next forecited Law Authorities manifest Fourthly When where and by whom Liveries Hats Coates shall be given in Warres when not and what Protections or Priviledges those who goe to Warres or continue in them shall have allowed them Fifthly What shares or proportions of Prisoners Prises Booties Captaines and Souldiers should be allowed in the Warres And at what Ports and rates they should be Shipped over Sea Sixthly How and by whom the Sea shall be guarded and what Jurisdiction Authority and share of Prises the Admirals of England shall have When the Sea shall be open when shut to enemies and strangers What punishments inflicted for Mariners abuses on the Sea And what redresse for the Subjects there robbed by enemies or others Seventhly What Castles Forts Bulwarkes shall be built or repaired for defence of the Realme in what places and by whose charges Eightly What punishment shall be inflicted upon Captaines who abuse their trust detaine the Souldiers wages and on Souldiers who sell their Armes or desert their colours without speciall License Ninthly What provision there shall be made for and maintenance allowed to Souldiers hurt or maimed in the Warres by Land and for Mariners by Sea Tenthly That no ayde Armour Horses Victuals shall be conveyed to the enemies by way of Merchandise or otherwise during the Warres that all Scots and other enemies should be banished the Kingdome and their goods seised whiles the warres continued betweene England and them Eleventhly How Frontier Castles and Townes toward Waâ—es and other places of hostility should be well manned and guarded and no Welchmen Irish Scots or alien Enemies should be permitted to stay in England to give intelligence or suffered to dwell or purchase Houses or Lands within those Townes and that they shall all be disarmed Twelfthly After what manner Purveyances shall be made by the Captaines of Castles and how they shall take up victuall In one word Warres have beene ended Leagues Truces made confirmed and punishments for breach of them provisions for preservation of them enacted by the Parliament as infinite Precedents in the Parliament Rols and Printed Acts demonstrate So that our Parliaments in all former ages even in the Reignes of our most Martiall Kings have had the Soveraigne power of ordering setling determining both the beginning progresse and conclusion of our Warres and the chiefe ordering of * all things which concerned the managing of them by Sea and Land being indeed the great Counsell of Warre elected by the Kingdome to direct our Kings who were and are in truth but the kingdomes chiefe Lord Generalls as the Roman Emperours and all Kings of old were their Senates States and Peoples Generals to manage their Warres and fight their battailes the Soveraigne power of making and directing Warre or Peace being not in the Emperours or Kings themselves but in their Senates States and Parliaments as Bodin proves at large And being but the Kingdomes Generals who must support and maintaine the Warres there is as great reason that they should direct and over-rule Kings in the Ordering of their Warres and Militia when they see cause as that they should direct and rule their Lord Generall now or the King his Generals in both his Armies During the minorities of King Henry the sixth and Edward the sixth the Parliament made the Duke of Bedford Regent of France and the Dukes of Glocester and Sommerset Lord Protectors of England committing the trust of the Militia and Warres to them And i 39. H. 6. the Parliament made Richard Duke of Yorke Lord Protector of the Realme and gave him like power when the King was of full age And in our present times The King himselfe this very Parliament voluntarâ—ly committed the whole care and managing of the Warres in Ireland and the Militia there to this present Parliament who appointed both the Commanders and al other Officers of the Forces sent hence into Ireland and that without any injury or eclipse to his Majesties Royall Prerogative If then the Subjects and Parliament in ancient times have had the election of their Generals Captaines Commanders Sheriffes Mayors and other Officers having the chiefe ordering of the Militia under the King if they have constantly Ordered all parts and matters concerning the Warres in all former Kings Reignes appointed Regents and Protectors committing to them the Kings owne Royall power over the Militia during their Minorities and his Majesty himselfe hath permitted this Parliament to Order the Militia of Ireland to which they have no such right or Titleash to that of England without any prejudice to his Prerogative I can see no just exception why his Majesty should at first or now deny the Parliament such a power over the Militia as they desired for a time or why in point of Honour or Justice their Bill for setling the Militia in safe under hands in such persons as both sides may well confide in should now be rejected being for the Kings Kingdomes and Parliaments peace and security much lesse why a bloody intestine Warre should be raised or continued upon such an unconsiderable point on his Majesties part who seeing he cannot manage the Militia in proper person in all Counties but onely by Substitutes hath farre more cause to accept of such persons of Honour and quality as his Parliament shall nominate in whom himselfe and his whole Kingdome in these times of Warre and danger may repose confidence to execute this trust then any whom his owne judgement alone or
and Statutes of the Realme be by him defeated and frustrated at his will to the destruction of the King his Soveraignty Crowne and Regality and of all his Realme in defence whereof in all points they would live and dye Hence the Kings of England have alwayes setled entailed and disposed of the succession and Revenues of the Crowne by speciall Acts of Parliament and consent of the whole Realme because the whole kingdome hath an interest therein without whose concurring assent in Parliament they had no power to dispose thereof as the Statutes of 21 R. 2. c. 9. 7 H. 4. c. 2. 25 H. 8. c. 22. 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H. 8. c. 1. 1 Mar. c. 1. and Parl. 2. c. 1 2. 1 Eliz. c. 3. 13 Eliz. c. 1. 1 Iac. c. 1. Hals Chron. f. 10. 15. 1 H. 4. p. 763. 928. to 932. Doniels hist. p. 122. 138 139. abundantly manifest and Cooke l. 8. the Princes case Upon which ground King Edward the sixt his devise of the Crowne of England to the Lady Iane by his last will in writing without an Act of Parliament contrary to the Statute of 35 H. 8. c. 1. was adjudged voyd though subscribed and sworne to by all the Lords of the privy Counsell and all the Iudges but one and Queene Iane with the Duke of Northumberland and others who proclaimed her as Queen of England by vertue of this devise were condemned and executed as Traytors Whereas auy private Subject may devise and settle his estate as he pleaseth without any speciall Act of Parliament to authorize him Hence in the Parliament Roll of 1 H. 6. Num. 18. The last Will and Testament of deceased Henry the fifth and the Legacies therein bequeathed of 40000. Markes in Goods Chattels Jewels Moneyes for Payment of the Kings debts are ratified by the Lords Commons and Protectors concurring assents by an Act of Parliament as being otherwise invalid to binde the King or Kingdome And Num. 40. Queene Katherines Dower of 40000. Scutes per Annum concluded on by Articles upon her Marriage and by a Parliament held the second of May in the 9. yeare of King Henry the fifth well approved authorized and accepted which Articles that King then swore unto and the three Estates of the Realme of England to wit the Prelates Nobles and Commons of England in that Parliament and every one of them for them their Heires and Successors promised well and truely to observe and fulfill for ever as much as to them and every of them appertained Was after her Husbands death upon her petition by a speciall patent made by this Infant King her Son WITH THE ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and COMMONS OF ENGLAND IN THAT PRESENT PARLIAMENT ASSEMBLED assigned setled and confirmed out of the Crowne Lands therein specified else it had not beene binding to the Successor King or Realme the Crowne Lands being the Kings but onely in the Kingdomes right whence all our Queenes Dowers and Joyntures have usually been setled and confirmed in and by Parliaments wheras any other man may endow or make his Wife a good Joynture without the Parliaments assent or privity And in 2 E. 3. the Queene Dowagers great Ioynture which tooke up three parts of the Kings Revenues by common consent in a Parliament held at Nottingham was all taken from her because not duely setled by Parliament and too excessive to the Kings and kingdomes prejudice and she put to a pension of 1000. li. per annum during her life And by the Statute of 1 H. 6. c. 5. it is expressely resolved That King Henry the fifth could not alien or pledge the ancient Jewels or Goods of the Crowne to maintaine his Warres without a speciall Act of Parliament and if he did those to whom he pawned or sold them were still accomptable to the Crowne for them and the alienation voyd whence the carrying of the Jewels Treasure and Plate of the kingdome over Sea into Ireland without assent of the Nobility and Parliament was one of the Articles objected against Richard the second in Parliament when he was deposed the Jewels and Crowne Lands being not the Kings in right of property and interest but the kingdomes onely and so all alienations of them without the Parliaments consent voyd and usually resumed by the Parliament witnesse the notable Act of Resumption in 8 H. 6. and 31 H. 6. c. 7. of all the Kings grants of any Honours Castles Townes Villages Manors Lands Rents Reversions Annuities c. from the first yeare of his Reigne till then with divers other precedents of Resumptions in the Margin in King Stevens Rich. 1 2. Hen. 2 3 5. their Reignes These resolutions of our Common and Statute Law are seconded by many forraigne Civilians as Baldus in Proem de Feud n. 32. 33. Aretine in Rubric Lucas de Penna Cod. de omni agro deserto l. Quicunque f. 184 185. Albericus de Rosate Quodcunque praescrip bene a Zenone n. 4. f. 3. 1. 4. Boetius Epan Haeroic quest qu. 3. n. 43. qu. 5. n. 19. 27. 34. Didacus Cavaruvius Practic qu. c. 4. n. 1. Martinus Laudensis de Confaed Tract 1. qu. 13. Ioan. Andreas in cap. dilect de Maior Obed. Franciscus Vargas de Author Pontif Axiom 1. n. 2. Concilium Toletanum 8. Surius Concil Tom. 2. p. 865 866. with sundry others many of whose words you may reade in Doctor Crakenthorps defence of Constantine p. 169. to 175. who affirme That the Emperour or any other King cannot give away any Townes or Territories belonging to their Empire or Kingdomes contrary to their Oathes and Trusts they being the Kingdomes not theirs in right Whence they conclude Constantines pretended Donation of Rome and Italy to the Pope a meere Nullity And Francis the first King of France An. 1525. professed publikely to all the world That it was not in the power of a French King to bind himselfe to the alienation of any Lands Townes or Territories belonging to the Crowne without the consent of the generall Estates of France of his Soveraigne Courts and Officers in whose hands the Authority of the whole Realme remained And therefore â—e refused to consigne the Dutchy of Burgoyne to the Emperour Charles the fifth who had taken him prisoner in the Battle of Pavia or to release his right to any territories belonging to the Crowne of France though he had sworne to do it to procure his Liberty alledging that he had no power to do it without his kingdomes and Parliaments consents It is true our Law-bookes say That the King cannot be seised of Lands to any private Subjects use by way of feofment because it stands not with his honor to be any private mans feoffee because no Subpena lieth to force him to execute it he is a Corporation yet he may have the possession of lands in others right and for their uses as of Wards Ideots Lunaticks
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
they should swarve from â—he way of truth but should give good and wholesome Councell both to the King and Kingdome Whereupon they freely gave the King the 30 th part of all their movable goods except their gold silver horses and armes to be spent on the good of the Republicke with this condition often annexed that the King should leâ—ve the Councell of Aliens and onely use the advise of his naturall Subjects Which Subsidie was ordâ—red to be collected by 4 knights and one clerke in every County and there layd up in some religious house or Castle that if the King should receede from his promise and condition every one might faithfully receive backe his owne againe But no sooner was the Parliament ended but the King breakes all his promises shewes more favour to and is more ruled by strangers then ever before levies the subsidie in a stricter and farre other manner then was prescribed and bestowes most of it on strangers to be transported marrieth his sister Eleanor to Sim â—n Monfort a new come French Exile of meane fortunes suâ—ruâ—eque naturalium hominum consiliis factus est extranâ—us suis bâ— nevolis Regnoque ac Râ—publicae uâ—ilibus factus est cervicosus ita quod per eorum consilium parum aut nihil de negoâ—iis Regni tractaret aut operareâ—ur Which courses with other so incensed the Nobility and generally all the subjects as put them into a new commotion which made him enter into new Articles and promises ratified with seales and Oathes yet still infringed as soone as made After this in the 37. yeare of his Raigne he ratified them in the most solemne and religious manner as Religion and State could ever devise to doe The King with all the great Nobility of England all the Bishops and chiefe Prelates in their Pontificalibus with burning Tapers in their hands assemble to heare the terrible sentence of Excommunication and at the lighting of those candles the King having one of them in his hand gives it to a Prelate there by saying It becomes 〈◊〉 me being no Priest to hold this Candle but my beaâ—â— shall be a greater testimony and withall layd his hand spread upon his breast the whole time the sentence was read in this forme We Boniface Arch-bishop of Canterbury c. by the Authority of Goâ— Almighâ—y and of tâ—e Sonne and of the Holy Ghost and of all Apostle Mâ—rtyrs Confessors Virgins and all tâ—e Saints of God many of them there specially named doe 〈…〉 and separate 〈…〉 Church of God all those who from henceforth wittingly and willingly shall deprive or spoyle the Church of her right likewise all those who by any art or cunning shall rashly violate diminish or altâ—r privily or openly or by 〈◊〉 deed or councell shall rashly come against al oâ— any of the ancient Liberties oâ—â—pprovâ—d customes of the Realme and especially the Libertie and free Customes which are conteined in the Charters of the Common Liberties of England and of the Forest granted by oâ—r Lord the King of England to tâ—e Arch-Bishops Bishops Prelates Earles Barons Knights and Fâ—ee Tenants of England likewise all them who shall make or observe when made any statutes or introduce or keepe when introduced any customes against them or any of them together with the writers Councellors and executioners of such statutes and those who shall presume to judge accordâ—ng to them Insempeternall memory whereof we have thought meete to set our seales And then throwing downe all their Candles which lay smoking on the ground every one cryed out So let every one who incurres this sentence be extinct in hell Then the Bâ—lâ—s ringing cut the King himself solemnely swore and protested with a lowd voyce with his hand upon his brest As God me hâ—lpe I will faithfully and inviolably keep these things as I am a Man a Christian a Knight a KING CROWNED ANO INTED Which done Robert Bishop of Lincolne fore-thinking that the King would violate the foresaid Charters presently caused the like excommunication to be made in all his innumerable Parish Churches which sentence would make mens eares to tingle and their hearts not a little to tremble Never were Lawes amongst men except those holy Commandments from the Mount established with more majestie of Ceremony to make them reverend and respected then were these they wanted but â—hunder and lightning from heaven which if prayers would have procured they would likewise have had to make the sentence ghastly and hideous to the infringerâ—â—ereof The greatest security that could be given was an oath and that solemnely taken the onely chain on earth besides love to tie the conscience of man and humane Society together which should it not hold us all the frame and government must needes fall quite asunder Who would have once imagined that a man a Christian a Knight a King after such a publicke oath and excommunication would ever have violated his faith especially to his loyall Subjects yet loe almost a miracle though over-common among our Kings the very next words in my Historian after this Oath and Excommunication are these The Parliament being thus dissolved the King PRESENTLY using ill Counsell studied how to infringe all the premises these whisperers of Satan telling him that he neede not care though he incurred this sentence for the Popâ— for one or two hundred pounds will absolve him who out of the fulnesse of his power can loose and binde whatsoever he pleaseth c. which the Pope soone after did and the King returned to his former oppressive courses more violently than before Well then might the royall Prophet give us this divine caution O put not youâ— trust in Princes Surely men of high degree are a lye to be layd in the ballance they are altogether lighter thâ—n vainty both in their oathes and promises Hence* Isable Countesse of Arundle a well spoken Lady receiving a repulse from this Kings hands about a Ward whereto she conceived she had right the King giving her a harsh answere and turning from her sayd thus to his face O my Lord King why turne you away your face from justice that we can obtaine no right in your Court You are constituted in the midst betweene God and us but you neither governe your selfe nor us discreetely as you ought You shamefully vex both the Church and Nobles of the Kingdome by all wayes you may which they have not only felt in present but often heretofore The King fired 〈◊〉 so free a speech with a scornefull angry countenance and lowd voyce answered What my Lady Countesse have the Lords of England because you have tongue at will made you a Charter and hired you to be their Orator and Advocate Whereunto she replyed Not so my Lord they have not made any Charter to me but that Charter which your Father made and which your selfe have oft confirmed swearing to keepe the same inviolably and constantly and often extorting money upon promise that the
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
and PRINCIPALL COVNSELLOR of our said Lord the King and that the said Duke shall be and be called PROTECTOR and DEFENDOR OF THE SAID REALM AND CHVRCH OF ENGLAND and that letters patents of the Lord the King shall be made in this forme following Henrious Dei gracia c. Scitatis quod in adeotenera aetate constituti sumus quod circa Protectionem Defensionem Regni nostri Angliae Ecclesiae Anglicanae personaliter attendere non possumus in presenti Nos de circumspectione industria charissime avunculi nostri Johannis Ducis Bedfordiae plenam fiduciam reportantes DE ASSENSV ET AVISAMENTO TAM DOMINORVM QVAM DE ASSENSV COMMVNIT ATIS DICTI REGNI ANGLIAE IN INSTANTI PARLIAMENTO existentium ordinavimus constituimus ipsum avuneulum nostrum dicti regni nostri Angliae Ecclesiae Anglicanae PROTECTOREM ET DEFENSOREM AC CONSILIARIVM NOSTRVM PRINCIPALEM quod ipse dicti Regni nostri Angliae Ecclesiae Anglicanae Protector Defensor ac principalis consiliarius noster sit nominetur in juxta vim formam effectum cujusdam articuli IN DICTO PARLIAMENTO die datus prâ—sentium habiti ET CONCORDATI Proviso semper quod praefatus Avunculus noster nullum habeat aut gerat vigore praesentium potestatem nec sicut praefatur nominotur nisi pro tempore quo praesens hic in regno nostro Angliae fuerit PROVT IN PRAEDICTO ACTO CONTINETVR Quodque carissimus Avnculus noster Dux Glocestriae nobis in agendis dicti Regni negotiis post ipsum Avunculnm no strum Ducem Bedfordiae PRINCIPALIS CONSILIARIVS EXISTAT ET NOMINETVR quotiens quando praefatum Avunculum nostrum Ducem Bedfordiae infra Regnum mostrum Angliae mor aricontingat Confidentes insuper ad plenum de circumspectione industria praedicti Avunculi nostri Ducis Glocestriae DE ASSENSV ET AVISAMENTO PRAEDICTIS ordinavimus constituimus ipsum Avunculum nostrum Ducem Glocestriae dicto Regno nostro Angliae jam praesentem dicti Regni nostri Angliae Ecclesiae Anglicanae PROTECTOREM ET DEFENSOREM necnon CONSILIARIVM NOSTRVM PRICIPALEM quociens quando dictum avunculum nostrum Ducem Bedfordiae extra Regnum nostrum Angliae morari abesse centingat Et quod ipse avunculus noster Dux Glocestriae Protector Defensor Regni nostri Angliae Ecclesiae Anglicanae Principalis Consiliarius noster SIT ET NOMINETVR IVXTA VIM FORMAM EFFECTVM ARTICVLI PRAEDICTI Proviso semper quod praefatus avuneulus Dux Glocest nullum gerat aut habeat vigore praesentium potestatem vel ut praefertur nominetur nisi pro tempore quo praesens hic in Regno nostro Angliae fuerit in absentia dicti avunculi nostri Ducis Bedford prout in predictio articulo continetur Damus autem universis singulis Archiepiscopis Episcopis Abbatibus Prioribus Ducibus Comitibus Baronibus Militibus omnibus aliis fidelibus nostris dicti Regni nostri Angliae quorum interest tenore praesentium firmiter in mandatis quod tam praefato avunculo nostro Duci Bedfordâ— quociens quandâ— protectionem defensionem hujusmodi sic habuerit occupaverit quam praefato avunculo nostro Duci Glocestriae quociens quando ipse consimiles Protectionem Defensionem habuerit occupaverit in premissis faciendis pareant obediant intendant prout decet In cujus reitestimonium c. which Act and Commission thus made and the tenour of them being recited before the said Duke of Gloster and spirituall and temporall Lords the said Duke having deliberated thereupon undertook at the request of the said Lords the burthen and exercise of his occupation to the honour of God and profit of the King and Kingdome Protesting notwithstanding that this his assumption or consent in this part should not any wayes prejudice his foresaid Brother but that his said Brother at his pleasure might assume his burthen of this kinde and deliberate and advise himselfe Numb 25. It is ordered by this Parliament what under Offices and Benifices the Lords Protectors should conferre and in what manner Numb 26. After the Lords and Commons in Parliament had setled and ordained the Protectors in forme aforesaid AT THE REQVEST OF THE SAID COMMONS there were BY ADVISE AND ASSENT OF ALL THE LORD' 's certaine persons of estate as well spirituall as temporall NAMED AND ELECTED TO COUNSELL AND ASSIST THE GOVERNANCE whose names written in a small scedule and read openly were these the Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worcester the Duke of Excester the Earles of March Warwick Marshall Northumberland Westmerland the Lord Fitz-hugh Mr. Hâ—gh Crumbwell Mr. Walter Hungerford Mr. Iohn Tiptofâ— Mr. Walter Beauchamp Numb 25. These persons thus NAMED and CHOSEN COVNSELLORS and ASSISTANTS after this nomination and election condiscended to take such assistance to the governmeâ—t in manner and forme contained in a paper scedule written in English with their names thereto containing five speciall articles delivered in Parliament by the said persons chosen Counsellors assistants of which scedule this is the tenure The Lords abovesaid been condiscended to take it upon them in manner and forme that sueth First for as much as execution of Law and keeping of peace start much in Iustice of peace Sheriffs and Escheators the profits of the King and revenues of the Realme been yearly encreased and augmented by Customers Controllers prisers seachers and all such other Offices therefore the same Lordswoll and desireth that such Officers and all other be made by advise and denomination of the said Lords saved alwayes and reserved to my Lords of Bedford and of Glocester all that longeth unto them by a speciall Act made in Parliament and to the Bishop of Winchester that hee hath granted him by our soveraigne Lord that last was and by authority of Parliament confirmed Numb 29. Item that all manner Wards Mariages Farmes and other casualties that longeth to the Crown when they fall be letten sold and disposed by the said Lords of the Counsell and that indifferently at dearest without favour or any manner partiality or fraud Numb 30. Item that if any thing should be enact done by Counsell that six oâ— foure at the least without Officers of the said Counsell bee present and in all great matters that shall passe by Counsell that all be present or else the more party And if it bee such matter as the King hath be accustomed to be counselled of that then the said Lords proceed not therein without the advice of my â—ord of Bedford or of Glocester Numb 31. Item for as much as the two Chamberlaines of the Exchequer bee ordained of old time to controule the receipts and payments in any manner wise maed the Lordys desireth that the Treasurer of England being for the time and either of the Chamberlaines have a key of that that should come into the recepit and
Realme of England have heretofore suffered throught default of the law that failed in divers cases within the said Realm our soveraign Lord the King for the amendment of the land for the reliefe of his people and to eschew much mischiefs dammages and dis-inherisons hath provided established these Acts underwritten willing and commanding that from henceforth they be firmely kept within this Realme The Statutes of Westminster 2. in his 13. year begin thus Whereas of late our soveraigne Lord the King c. calling his Counsell at Glocester and considering that divers of this Realm were disherited by reason that in many cases where remedy should have been had there was none provided by him nor his Predecessors ordained certaine statutes right necessary and profitable for his Realm whereby the people of England and Ireland have obtained more speedy Iustice in their oppressions then they had before and certaine cases wherein the law failed did remaine undetermined and some remained to be enacted that were for the reformation of the oppressions of the people our soveraigne Lord the King in his Parliament holden c. the 13 ear of his reign at Westm. caused many oppressions of the people and defaults of the lawes for the accomplishment of the said statutes of Glocest to be rehearsed and thereupon did provide certaine Acts here following The sâ—atute of Quo Warranto An. 1278. the 6. year of this King made at Glocest. hath this exordium The King himself providing for the wealth of his Realm and the morefull administration of Iustice AS TO THE OFFICE OF A KING BELONGETH the more discreet men of the Realm as well of high as of low degree being called thither it was provided c. The staâ— of York 12 E. 2 hath this Prologue Forasmuch as people of the Realm of England and Ireland have heretofore suffered many times great mischiefs damage and disherison by reason that in divers cases where the law failed no remedy was purveyed c. our soveraign Lord the King desiring THAT RIGHT BE DONE TO HIS PEOPLE at his Parl. holden at York c. hath made these Acts statutes here following the which he willeth to be straitly observed in his said Realm In 9. Ed. 3. in a Parliament held at York the Commons desired the King in the said Parliament by their Petition that for the profit and commodity of his Prelates Earls Barons and Commons of his Realm it may please him WITHOVT FVRTHER DELAY upon the said grievances and outrages to provide remedy our soveraign L. the K. desiring the profit of his people by the assent of his Prelates c. upon the said things disclosed to him found true to the great hurt of the said Prelates c. and oppression of his Commons hath ordained and established c. In 10. E. 3. stat 1. there is this introduction Because our Soveraigne Lord the King Edw. 3. WHICH SOVERAIGNLY DESIRETH the maintenance of his peace and safeguard of his people hath perceived at the complaint of the Prelates Earls Barons and also at the shewing of the Knights of the shires and the Commons in their Petition put in his Parliament c. divers oppressions and grievances done to his people c. COVETING to obvent the malice of such felons and to see a covenable remedy hath ordained c. for the quietnes and peace of his people that the articles underneath written be kept and maintained in all points 14. E. 3. stat 1. To the honor of God c. the King for peace and quietnesse of his people as well great as small doth grant and establish the things underwritten The like we have in 15. E. 3. stat 1. and in this kings Proclamation for revoking it there is this passage We considering how BY THE BOND OF OVR OATH WE BE BOVND TO THE OBSERVANCE AND DEFENCE OF THE LAWES AND CVSTOMES OF THE REALME c. So in 20. E 3. Because that by divers complaints made to us we perceived that the law of the land which WEE BY OVR OATH BE BOVND TO MAINTAINE is the lesse well kept and the execution of the same disturbed many times c. WE GREATLY MOVED OF CONSCIENCE IN THIS MATTER and for this cause desiring as much for the pleasure of God and ease and quietnesse of our Subjects AS TO SAVE OVR CONSCIENCE AND TO KEEPE OVR SAID OATH by the assent of the great men and other wise men of our Counsel we have ordained these things following 23. E. c. 8. That in no wise ye omit the same as ye love us and the Commonwealth of this Realme 25. E. 3. stat 2. Because that statutes made and ordained before this time have not been holden and kept as they ought to be the King willing to provide quietnesse and common profit of his people by the assent c. hath ordained and established these things under-written The passage in the statute of Provisors 25. E. 3. Parliam 6. is notable Whereupon the said Commons have prayed our Soveraigne Lord the King that SITH THE RIGHT OF THE CROWNE OF ENGLAND AND THE LAW OF THE SAID REALME IS SVCH that upon the mischiefes and dammages which hapneth to his Realme HE OVGHT AND IS BOVNDEN OF THE ACCORD OF HIS SAID PEOPLE IN PARLIAMENT THEREOF TO MAKE REMEDY AND THE LAW OF VOIDING THE MISCHIEFES and dammages which thereof commeth that it may please him thereupon to ordain remedie Our Soveraigne Lord the King seeing the mischiefes and dammages before named and having regard to the statute made in the time of his Grandfather and to the cause contained in the same which statute alwayes holdeth his force and was never defeated nor annulled in any point and by so much AS HE IS BOVNDEN BY HIS OATH TO DOE THE SAME TO BE KEPT AS THE LAW OF THIS REALME though that by sufferance and negligence it hath been attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great dammage and mischiefs which have hapned and daily do happen to the Church of England by the said cause By assent of the great men and Commonalty of the said Realm to the honor of God and profit of the said Church of England and of all his Realme hath ordered and established c. 28. E. 3 The King for the common profit of him and his people c. hath ordained 36. E. 3. To the honour and pleasure of God and the amendment of the outragious grievances and oppressions done to the people and in reliefe of their estate King Edward c. grantâ—d for him and his Heires for ever these Articles underwritten 1. R. 2. To the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts within our Realm of England which we doe much desire We have ordained c. 3. R. 2. For the honour of God and of holy Church
and for the common profit of the Realme of England our Soveraigne Lord the king hath ordained c. for the quietnesse of his said people the Statutes and Ordinances following c. cap. 2. with 2. H. 4. c. 1. Our soveraign Lord the king greatly desiring the tranquility and quietnes of his people willeth and straitly commandeth that the peace within his Realme of England be surely observed kept so that all his lawful subjects may from henceforth safely and peaceably goe come and dwell after the Law and usage of the Realme and that Iustice and right be indifferently ministred to every of his said subjects as well to the poore as to the rich in his Courts 1. H. 4. Henry by the Grace of God c. to the honour of God and reverence of holy Church for to nourish peace unity concord of all parties within the Realm of England and for the reliefe and recovery of the said Realm which now late hath been mischievously put to great ruine mischief and desolation of the assent c. hath made and established c. 6. H. 4. c. 1. For the grievous complaints made to our Soveraigne Lord the king by his Commons of the Parliament of the horrible mischiefes and damnable custome which is introduced of new c. Our soveraign Lord the King to the honor of God as well to eschew the dammage of this Realme as the perils of their soules which are to be advanced to any Archbishopricks or Bishopricks c. hath ordained Divers such recitalls are frequent in most of our statutes in all Kings raignes viz. 37. E. 3. c. 2 3 4 5. 3. R. 2. c. 3. 5. R. 2. Stat. 1. 2. 6. R. 2. Stat. 1. 7. R. 2. 8. R. 2. For the common profit of the said Realme and especially for the good and just government and due execution of the common Law it is ordained c. 10. R. 2. Prologue c. 1. 11. R. 2. c. 1. 12. R. 2. 13. R. 2. Prologue c. 3 5 6. 14. R. 2. 21. R. 2. 1. H. 4. 5. c. 7. 1. H. 6. 8. H. 6. Prologue c. 25. 10. H. 6. c. 3. 12. H. 6. c. 12. 39. H. 6. Prologue 1. R. 3. c. 2. 6. 8. 3. H. 7. c. 5 6. 11. H. 7. c. 18. But I shall conclude with some more punctuall ones 18. E. 3. stat c. 1 2. To nourish love peace and concord between holy Church and the Realme and to appease and cease the great hurt and perils impertable losses and grievances that have been done and happened in times past and shall happen hereafter if the thing from henceforth be suffered to passe c. for which causes and dispensing whereof the ancient lawes usages customes and franchises of the Realm have been and be greatly appaired blemished and confounded the Crown of the king minished and his person falsly defrauded the treasure and riches of his Realme carried away the inhabitants and subjects of the Realme impovirished troubled c. the King at his Parliament c. having regard to the quietnesse of his people which he chiefly desireth to sustaine in tranquility and peacâ— to governe according to the Lawes Vsages and Franchises of this Land as HE IS BOVND BY HIS OATH MADE AT HIS CORONATION following the wayes of his Progenitors which for their time made certaine good Ordinances and provisions against the said grievances c. by the assent c. hath approved accepted and confirmed c. 2. R. 2. c. 7. Because the King hath perceived as well by many complaints made to him as by the perfect knowledge of the thing c. the King desiring soveraignly the peace and quietnesse of his Realme and his good Lawes and Customes of the same and the Rights of his Crowne to be maintained and kept in all points and the offenders duly to be chastised and punished AS HE IS SWORN AT HIS CORONATION by the assent of all the Lords c. hath defended c. And moreover it is ordained and established c. 3 R. 2. Rot. Parl. Num. 38. 40. The Commons desiring a grant of new power to Iustices of Peace to enquire into extortions the Bishops conceiving it might extend to them made their protestation against this new grant yet protested that if it were restrained only to what was law already they would condiscend to it but not if it gave any new or further power The King answers that notwithstanding their protestation or any words conâ—eined therein he would not forbeare to passe this new grant and that BY HIS OATH AT HIS CORONATION HE WAS OBLIGED TO DO IT And 6 H. 6. c. 5. We for as much as by reason of our Regality WE BE BOVNDEN TO THE SAFEGVARD OF OVR REALM round about willing in this behalfe convenient hasty remedy to be adhibite have assigned c. By these with infinite such like recitalls in our ancient and late statutes in the Kings owne Proclamations Commissions yea and in writs of law wherein wee find these expressions Nos qui singulis de regno nostro in EXHIBITIONE IVSTITIAE SVMVS DEBITORES plaenam celerem justitiam exhiberi facias Nos volentes quoscunque legios nostros in curiis nostris c. justitiam sibi c. nullatenus differri Ad justitiam inde reddendam cum omni celeritate procedatis Nos oppressiones duritias damna excessus gravamina praedictae nolentes relinquere impunita volent esque SALVATIONI QVIETI POPVLI NOSTRI hac parte PROSPICERE VT TENEMVR eidm celeris justitiae complementum debitum festinum iustitiae complementum fieri facies Nos huiusmodi praeindicio precavere volentes prout ASTRINGIMVR IVRAMENTI VINGVLO Quiaâ— iudicia in curia nostra cito reddita in suis roboribus manuteneri volumus defendi prout AD HOC IVRAMENTI VINCVLO ASTRINGIMVR TENEMVR c It is most apparent that the Kings of England both by their oath duty and common right even in point of justice and conscience are bound to assent to all publike Acts as are really necesâ—ary for the peace safety ease weale benefit prevention of mischiefs and redresse of greivances of all or any of their subjects without any tergiversation or unnecessary delayes when they are passed and tendered to them by both Houses and that in such acts as these they have no absolute Negative voice at all but ought to give their speedy free and full consents thereto unlesse they can give satisfactory reasons to the contrary Sixthly All our ancient Kings of England as the premises with all publike usefull statutes enacted in their reigne evidence have alwayes usually given their free and full consents in Parliament to such publike acts as these without deniall or protraction conceiving they were bound by oath and duty so to doe and if they ever denyed their royall assents to any Petitions or Bills of the Lords and Commons of this nature they alwayes gave such good
Spensers and other ill Counsellors about this king in the last yeare of his raigne though the King himself were in their Company and taken prisoner by the Forces raised against them for the necessary preservation reliefe and safety of the Queene Prince Nobles Kingdome to be no high Treason nor offence at all namely the statute of 1. E. 3. c. 1. 2. 3. which I shall recite at large Whereas Hugh Spenser the Father and Hugh Spenser the Sonne late at the suite of Thomas then Earle of Lancaster and Leycester and Steward of England by the common assent and vote of the Peers and Commons of the Realme and by the assent of King Edward Father to our Soveraigne Lord the King that now is AS TRAITORS ENEMIES OF THE KING OF THE REALME were Exled disinherited and banished out of the Realme for ever And afterward the same Hugh by evill Councell which the king had about him without the assent of the Peeres and Commons of the Realme came againe into the Realme and they with other proâ—â—cured the said king to pursue the said Earle of Lancaster and other great men and people of the Realme in which pursuite the said Earle of Lancaster and other great men and people of the Realme were willingly dead and disinherited and some outlawed banished and disinherited and some disinherited and imprisoned and some ransommed and disherited and after such mischiefe the said Hugh and Hugh Master Robâ—rt Baldocke and Edmoâ—d Earle of Arundell usurped to them the Royall power so that the king nothing did nor would doe but as the said Hugh and Hugh Robert and Edmond Earle of Arundell did councell him were it never so great wrong during which usurpation by duresse and force against the Will of the Commons they purchased Lands as well by fines levied in the Court of the said Edward as otherwise and whereas after the death of the said Earle of Lancaster and other great men our Soveraigne Lord the King that now is and Dame Isabel Queene of England his Mother by the Kings will and Common Councell of the Realme went over to Francâ— to treate of peace betweene the two Realmes of England and France upon certaine debates then moved The said Hugh and Hugh Robert and Edmond Earle of Arundell continuing in their mischiefe encouraged the king against our Soveraigne Lord the king that now is his sonne and the said Queene his wife and by royall power which they had to them encroached as afore is said procured so much grievance by the assent of the said King Edward to our Soveraigne Lord the King that now is and the Queene his mother being in so great jeopardy of themselves in a strange Country and seeing the Destruction Dammage Oppressions and Distractions which were notoriously done in the Realme of England upon holy Church Prelates Earles Barons and other great men and the Commonalty by the said Hugh and Hugh Robert and Edmond Earle of Arundell by the encroaching of the said royall power to them to take as good Councell therein as they might And seeing they might not remedie the same unlesse they came into England with an Army of men of warre and by the Grace of God with such puissance and with the helpe of great men and Commons of the Realme they have vanquished and destroyed the sayd Hugh and Hugh Robert and Edmond Wherefore our Soveraigne Lord King Edward that now is at his Parliament holden at Westminster at the time of his Coronation the morrow after Candlemas in the first yeare of his reigne upon certaine Petitions and requests made unto him in the said Parliament upon such Articles above rehearsed by the common councell of the Prelates Earles Barons and other great men and by the Commonalty of the Realme there being by his Commandment hath provided ordained and stablished in forme following First that no great man or other of what estate dignity or condition he be that came with the said king that now is and with the Queene his mother into the Realme of England and none other dwelling in England who came with the said king that now is and with the Queene In ayde of them to pursue their said enemies in which pursuite the King his Fatâ—er was taken and put in ward and yet remaineth in ward shall not be molested impeached or gâ—ieved in person or goods in the kings Court or other Court for the puâ—suite of the said king taking and with holding of his body nor pursuâ—te of any other nor taking of their persons goods nor death of any man or any other things perpetrate or committed in the said pursuite from the day the said king and Queene did arme till the day of the Coronation of the same king and it is not the kings minde that such offenders that committed my trespasse or other offence out of the pursuites should goe quit or have advantage of this statute but they shall be at their answere for the same at the Law Item that the repeale of the said Exile which was made by Dures and force be adnulled for evermore and the said Exile made by award of the Peeres and Commons by the kings assent as before is said shall stand in his strength in all points after the tenure of every particular therein contained Item that the Executors of the Testament of all those that were of the same quarrell dead shall have actions and recover the Goods and Chattels of them being of the said quarrell whose executors they be as they of the same quarrell should c. Certainely here was an higher pursuite and levying warre against the King and his evill Councellors then any yet attempted by this Parliament and a warre rather offensive then defensive in which the king himself was both taken and dâ—tâ—ined Prisoâ—â—r and then forced to resigne his Crowne to his sonne yet this is here justified as a necessary just and lawfull warre by an Act of Parliament never yet repealed and all that bare Armes against the king and his ill Councellors yea they who pursued apprehended and imprisoned the king himselfe are as to this particular discharged by the king and whole Parliament from all manner of guilt or punishment or prosecution whatsoever against them Which consideration makâ—s me somewhat confident that this King and the Parliament held in the 25. yeare of his Raigne ch 2. Which declares it high Treason to levie warre against the King in his Realmâ— did never intend it of a necessary defensive warre against a seduced King and his evill Councellors especially by the Votes of both Houses of Parliament who doubtlesse would never passe any Act to make themselves or their Posteritie in succeeding Parliaments Traytors for taking up meere necessary defensive Armes for their owne and the Kingdomes preservation for that had beene diametraâ—ly contrary to this statute made in the very first yeare and Parliament of this King and would have lâ—yd an aspertion of High Treason upon the king himself the Queene his
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
it should please the King that Mounseur de Guyen because he is the most suffiâ—ient person of the realme shall goe to the same Tâ—eaty And the King said that he liked it well if it pleased the said Lord de Guyâ—n and thereupon Mounseur de Guyen said that he would with a very good will travell and doe any thing which might turne to the honour and profit of the King and of his realme In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the câ—stody of the Town and Castle of Calice the Towne of Risbanke the Castles of Hamures Marke Oye Stangate Bavelingham and of the Castle and Dominion of Guynes in Picardy to be made to Humfrey Dâ—ke of Glocester his unkle in the presence of the Lords spirituall and temporall then being in the present Parliament was on the 29 day of October read before them which being understood and maâ—ure deliberation taken thereupon the severall reasons of the said Lord being heard it was at last by their assent and consent agreed and ordered that the said Duke should have the custody of the said Towne Castles and premises to the end of nine yeeres then next ensuing which Charter was subscribed by all the Lords there present In the Parliament of 31 H. 6. Num. 41. procustodia Maris it was enacted For as much as the King considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea and others His Subjects using the Trade of Merchandises have been oftentimes grievously imprisoned distressed put to great sufferances and ransomes and their Ships Vessels and Merchandises of great value taken upon the Sea by his enemies and also Merchant strangers being under his leageance amity safegard or safe conduct upon the Sea have been robbed and spoyled against the forme and contents of such truces and safe conducts signed His Highnesse willing and intending sufficiently to proviâ—e for the remedy of such inconveniences and to eschew and avoyd all such 〈◊〉 and dispoylers HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament assâ—mbled deâ—iâ—ed certaine great Lords of this reâ—lme that is to say Richard Earle of Salisbury Iohn Earle of Shrewsbury Iohn Earle of Worcester Iames Earle of Wiltshire and Iohn Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of warre to intend with all diligence to their possibility the safeguard and keeping of the Sea For which cause the subsidies of Tonnage and Poundage granted to the King for his naturall life this Parliament that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY OF THE SAME were granted to the said Earles and Lord Sturton and the survivers of them for three whole yeeres with power for them to appoint Collectors to receive and collect them in every Port without rendering any account so as they kept the covenants and endentures made between the King and them for the safegard of the Seas with a proviso that this Act during the three yeeres should not be prejudiciall to the custome of the Towne or Castle of Calice or Rishbanke for the payment of the wages and arreares of the Souldiers there And over that if the goods of any of the Kings liege-people or any of his friends be found in any Vessell of the Kings enemies without any safe conduct that then the said Earles and the Lord Sturton shall take and depart it among them and their retinue without any impeachment according to the Statute thereupon made In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament in these words For as much as the Earles of Salisbury Shrewsbury and Worcester and the Lord Sturton besought the Kings Highnesse in this present Parliament that it might like his Highnes and Excellency of his Noble grace to have them clearely discharged of the keeping of the Sea the King therefore and for other causes moving his Highnesse BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of Iuly the 23 day of the same Parliament admitted their desire and would that the said Earles and Lord Sturton or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding and ended at Westminster be 〈◊〉 the 30 day of July fully discharged of the keeping of the same and that IT SHOULD BEENA CTED OF RECORD In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY THEREOF ordained and established that his dearest cosin Richard Duke of Yorke rightfull heire to the Countries of England and France and of the Lordship and Land of Ireland have and take upon him the power and labour to ride into the parts of England and Wales where great rebellions murders riots spoylings executions and oppressions be used committed and attempted to represse subdue and appease them And also to resist the enemies of France and Scotland within the realme And further granted ordained and established by the said advice and authority that every Sheriffe with the power and might of his Sheriwicke and every Major Bailiffe Officer Minister and Subject of the said realme of England and of Wales shall attend upon his said cousin for the said intent as the case shall require and to the same intent be ready at the command of his said cousin and the same obey and performe in like case as they ought to doe at his commandement after the course of the Lawes of England and in Wales after the customâ—s there c. And to cite no more presidents in so cleare a case in the Parliament of 21 Iacobi ch 33. The Temporalty having granted three intire Subsidies and three Fifteenes and tenths to King Iames towards the maintenance of the warres that might then suddenly insue upon the breach with Spaine and more particularly for the defence of the realme of England the securing of Ireland the assurance of the states of the united Provinces with the Kings friends and allies and for the setâ—ing forth of the Navy-royall did by that Act for the better disbursing of the said 〈◊〉 and mannaging that warre according to the Parliaments true intention by that very Act wherein they gave the Subsidies did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys and appointed ten Lords and Knights particularly named in the Act to be of the Kinge Councell for the warre by whose warrant under five of their hands at least all the moneys they granted were to be issued and exported for and towards the uses expressed in the Act to such
delivered into the custody of the Barons that all Aliens within a certain time should void the Realm except those who should be thought faithfull thereunto by the unanimous consent of the Kingdom and that faithfull and profitable natives of the Realm should thenceforth dispose of the affairs of the Kingdoms under the King But THE QUEEN instigated with foeminine malice contradicted it all she could whâ—ch made the people revile and cast dirt and stones at her as she was going to Windsore enforcing her to retire again to the Tower How William Long shamp Bishop of Ely Lord Chancellour of England Earl Iohn and others when they disturbed the peace of the Realm and turned Malignants were apprehended besieged imprisoned excommunicated and their Goods and Castles seised on by the Lords and Commons out of Parliament yea during the time of King Richard the first his absence and captivitie you may read at large in Roger de Hovedon Holinshed Daniel and others Why then the Lords and Commons in Parliament may not now much more do the like â—or their own and the whole Kingdoms safety I can yet discern no shadow of reason I will not trouble you with Histories shewing what violent unlawfull courses Kings and People have sometimes used to raise moneyes in times of warre by sacriledge rapine and all manner of indirect means I rather wish those Presidents and their occasions buried in eternall silence then reduced into practise and verily perswade my self that every ingenuous true born Englishman who hears a reall naturall affection to his Countrey or a Christian love to his Brethren the Parliament and Religion will according to his bounden duety the Protestation and Covenant which he hath taken rather freely contribute his whole estate if need so require towards the just defence of his Countrey Libertie Religion and the Parliament against the treacherous Conspiracies of the Pope Jesuites forraign Catholikes Irish Rebels English Papists and Malignants who have plotted their subvertions then repine at or neglect to pay any moderate Taxes which the Parliament shall impose or inforce the Houses to any extraordinary wayes of Levying Moneyes for want of ordinary voluntary supplyes to maintain these necessary defensive warres I shall close up all in a few words The Parliament hath much against their wills been inforced to this present defensive warre which they have a most just and lawfull power to wage and manage as I have elsewhere evidenced by the Fundamentall Laws of the Realm yea by the Law of God of Nature of Nations This warre cannot be maintained without Moneyes the sinews of it wherefore when voluntary contributions fail the Houses may by the same Laws which enabled them to raise an Army without the King impose necessary Taxes for the maintaining of it during the warres continuance else their Legall power to raise an Army for the Kingdoms defence would be fruitlesse if they might not Levy Moneyes to recrute and maintain their Army when raised which Taxes if any refuse to pay they may for this contempt be justly imprisoned as in cases of other Sudâ—idies and if any unnaturally warre against their Countrey or by way of intelligence advise or contribution assist the common Enemy or sâ—duce or withdraw others by a factious slanderous speeches against the Power and Proceedings of the Parliament from assisting the Parliament in this kinde they may for such misdemeanours upon conviction be justly censured confined secured and their estates sequestred rather then the Republike Parliament Religion or whole Kingdom should miscarry It is better that one should perish then all the Nation being the voyce of God Nature and resolution of all Laws Nations Republikes whatsoever If any hereticall scismaticall or vitious persons which may poyson others with their pernicious false doctrinâ—s or vitious wicked lives appear in the Church they may after admonition if they repent not yea and de facto are or ought to be excommunited the Church and societie of all faithfull Christians so as none may or ought to converse with them till their repentance If this be good Law and Divinitie in the Church the banishing and confining of pestilent Malignants in times of warre and danger must by the self-same reason be good Law and Divinitie in the State â—I have now by Gods assistance notwithstanding all distracting Interruptions Avocations Remoraes incountring me in this service ran through all Objections of moment which the King or any opposites to this Parliament have hitherto made against their proceedings or jurisdictions and given such full answers to them as shall I trust in the generall abundantly clear the Parliaments Authoritie Innocency Integritie against all their clamarous malignant Calumnies convince their Judgements satisfie their consciences and put them to everlasting silence if they will without prejudice or partialitie seriously ponder all the premises and ensuing Appendix which I have added for their further satisfaction information conviction and the confirmation of all forecited domestick Laws Presidents by forraign examples and authorities of all sorts And if any shall yet continue obstinate and unresolved after so many convincing Reasons Presidents Authorities or still retain an ill opinion of the Parliaments proceedings I shall desire them onely seriously to consider the most execrable conspiracy of the Pope Jesuites and Popish party in all His Majesties three Realms to extirpate the Protestant Religion subvert the Government Parliament and poyson the King himself if he condescend not to their desires or crosse them in their purposes whom they have purposely engaged in these warres still continued by them for this very end to enforce the King to side with them and so gain possession of his person to accomplish this designe of theirs as is cleerly evidenced to all the world by Romes Master-Peece the English Pope the Declaration of the Lords and Commons concerning the Rise and Progresse of the Irish Rebellion and then advisedly to consider in what great present danger the Kingdom King Parliament and Religion are when the Popish Partie and forces now in Arms have gained the Kings Princes and Duke of Yorkes persons into their custodie the Cities of Chester and of late Bristoll the Keyes of England with other Ports to let in all the Irish Rebels upon us to cut our throats in England as they have cut above an hundred and fortie thousand of our Protestant brethrens throats already in Ireland it being one part of their designe now presently to be executed as appears by sundry Examinations in the Irish Remonstrance for which end some thousands of Irish Rebels who have all embrued their hands there in English bloud are already landed here and are in great favour and command about the King To which if they adde the omnipotent over-ruling power of the Queen the Head of that partie with the King and his Councell in disposing all Officers all places of command and trust under him The Confederacie and Contributions of forraign Popish States to maintain this warre to
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
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
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
thou hast thus done let nought but naked Truth resolve thy Conscience and regulate all thy future Actions services both towards thy God King Country in such sort That glory may dwell in our land that mercy and truth may meet together righteousnesse and peace may kisse each other once more in our Nation and God may now at last speake peace unto his people and to his Saints So Truth shall spring out of the Earth and Righteousnesse shall looke downe from Heaven Yea the Lord shall give that which is good and our Land shal yeeld her increase Righteousnesse shall goe before him and shaâ—â— set us in the way of his steps And the worke of Righteousnesse shall be Peace and the effect of righteousnesse quietnesse and assurance for ever And we being Gods people shall dwell in a peaceable habitation and in sure dwellings and in quiet resting places Yea we shall beate our swords into Plow-shares and our Speares into Pruning-hookes Nation shall not lift up sword against Nation neither shall they learne warre any more But wee shall sit every man under his Vine and under his Figge-tree and none shall make us afraid The effecting the restoring of which sweete blessed Harmony of Peace and quietnesse throughout our kingdome hath beene one principall end of this my Labour which takes away the pretended causes the nourishing fewell of our present unnaturall contentions and destructive bloody warres Entertaine it therefore with that Candidnesse and Ingenuity as becomes the cordiallest Endevours of a reall unmercenary Philo-pater who hath freely done and suffered many things and is still prest to doe and suffer all things for his dearest Countries service in an honourable lawfull Christian way though he receive no other Guerdon than the losse of all his earthly comforts and a new addition to his former sufferings That saying of Symmachus hath been encouragement enough to me Saluti publicae dicata industria crescit Merito cum caret Praemio which I wish were more considered and better practised by some degenerous Mercenary spirits in these sad times who receive great wages and doe little worke refusing to stirre either hand or foote upon any advantage or necessary occasion to preserve their Native Country from desolation before they have pursed up their undemerited pay and yet even then perchance sit still It is a basenesse not onely farre below Christianity but Humanity it selfe for men especially those of publicke place and abilities to preferre their owne private ends before the publicke safety their particular gain before the commonweale when the whole kingdome lyeth at stake But I hope Heroicke English Spirits will learne more generous resolutions and Activity in times of such extremity and that those whom it most concernes will take timely notice That sordid Mercenaries are the greatest falsest Cowards Christ himselfe resolving what poore what ill service they will do in dayes of tryall Joh. 10. 12 13. He that is an Hireling seeth the Wolfe comming and leaveth the Sheepe and FLEETH and the Wolfe catcheth them and scattereth the Sheepe The hireling fleeth because he is an hireling and careth not for the Sheepe He loves onely his Wages not his Charge his Duty God discover and amend all such or else speedily discard them That so all ayming onely at the publique good and Tranquility we may eft-soone procure enjoy the same to our greatest consolation The Treachery and Disloyalty of Papists to their Soveraignes both in Doctrine and Practise WHen I seriously consider the memorable Preamble of 3. Iac. ch 4. That it is found by daily experience that many of his Majesties Subjects who adhere in their hearts to the Popish Religion by the infection drawne from thence and by the wicked and divellish counsell of Iesuites Seminaries and other persons dangerous to the Church and State are so farre perverted in the point of their loyalties and due obedience unto the Kings Majesty and the Crowne of England as they are ready to entertaine and execute any Treasonable Conspiracies and Practices as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder the King Queene Prince Lords and Commons in the House of Parliament assembled tending to the utter subversion of the whole State lately undertaken by the instigation of Iesuites and Seminaries and in advancement of their Religion by their Schollars taught and instructed by them for that purpose With the Statutes of 35. Eliz. ch 2. and 3. Iacob ch 5. which Enact That all Popish Reeusants shall be restrained to some certaine places of abode and confined to their private houses in the Country and not at any time after to passe or remove above five miles from thence under paine of forfeiting all their Lands Goods and Chattels during life That none of them shall remaine within ten miles of the City of London nor come into the Court or house where his Majesty or Heire apparent to the Crowne of England shall be nor have in their owne houses or in the hands or possession of any other at their disposition any Armour Gunpowder or Munition of what kinde soever And all this for the better discovering and avoyding of such Trayterous and most dangerous Conspiracies Treasons Practises and attempts as are daily devised and practised against our most gracious Soveraignes Person and the Commonweale by rebellious and trayterous Papists And when I read in two of King Iames his Proclamations That those adhering to the profession of the Church of Rome are blindly led together with the superstition of their Religion both unto some points of Doctrine which cannot consist with the loyalty of Subjects towards their Prince and oft times unto direct actions of conspiracies and conjurations against the State wherein they live as hath most notoriously appeared by the late most horrible and almost incredible conjuration grounded upon points of Doctrine in that Church held and mantained and contrived and practised with the privity and warrant of many of the principall Priests of that profession to blow up our children and all the three States in Parliament assembled And when we consider the course and claime of the Sea of Rome we have no reason to imagine that Princes of our Religion and profession can expect any assurance long to continue unlesse it might be assented by the mediation of other Princes Christian that some good course might be taken by a generall Councell free and lawfully called to plucke up those rootes of dangers and jealousies which arise for cause of Religion as well betweene Princes and Princes as betweene them and their Subjects and to make it manifest that no State or Potentate either doth or can challenge power to dispose of earthly Kingdomes or Monarchies or to dispence with Subjects obedience to their naturall Soveraignes Which was never yet attempted much lesse effected And in the Booke of Thanksgiving appointed for the fifth of November set forth by King Iames and the Parliaments speciall
direction this observable Prayer somewhat altered by the now Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the Papists To that end strenghthen the hand of our gracious King the Nobles and Magistrates of the Land with Iudgement Sâ—p justice to cut off these workers of iniquity the Papists whose Religion is rebellion whose faith is faction whose practise is murthering of Soules and bodies and to roote them out of the confines of this Kingdome I cannot but stand amazed yea utterly confounded in my selfe at the Impudency and Treachery of those pernicious Counsellors who in affront of all these Lawes and premises have issued out sundry Commissions under his Majesties hand and seale to divers notorious Papists not onely to furnish themselves with all sorts of Armes and Munition but likewise to meete together armed and raise forces in the Field to fight against the Parliament Kingdome and Protestant Religion even contrary to divers his Majesties late Printed Declarations and Protestations to all his loving Subjects advanced them to places of great trust and command in his Majesties severall Armies procured them free accesse unto if not places of note about his sacred person as if they were his loyallest Subjects his surest guard as many now boldly stile them and more to be confided in then his best and greatest Councell the Parliament whom they most execrably revile as Rebels and Traytors the more colourably to raise an Army of Papists to cut their throats and the throat of our Protestant Religion first as they have already done in Ireland and then last of all his Majesties in case he refuse to become the Popes sworne vassall or alter his Religion which he hath oft protested and we beleeve he will never doe But I desire these il counsellors of the worst edition to informe his Majesty or any rational creature how it is either probable or possible that an army of papists should secure his royall person Crowne Dignity or protect the Protestant Religion the Parliament or its Priviledges to all which they have shewed themselves most professed enemies We all know that Popish Recusants obstinaâ—ely refuse to take the Oath of Supremacy or Allegiance some of them that tooke it having beene excommunicated by their Priests for a reward The summe of which Oath is That they doe truly and sincerely acknowledge and professe That the Pope hath no authority to depose the King or to dispose of any his Kingdomes or to authorize any foraine Prince to invade his Countries or to discharge any his Subjects from their Allegiance to his Majesty or to licence any of them to beare armes or raisetumults against him or to offer any violence or hurt to his royall Person State Government Subjects That notwithstanding any Declaration Excommunication or deprivation made or granted by the Pope or any Authority derived from him against the King his Heires and Successors or any absolution from their obedience they will beare faith and true allegiance to them and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons Crowne and Dignity by reason of any such sentence or Declaration or otherwise And that they doe from their hearts abhorre detest abjure as impious and hereticall this damnable Doctrine and position professedly maintained by English Papists else why should the Parliament prescribe and they absolutely refuse to take this Oath that Princes excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever Will those then who refuse to take this Oath or abjure this King-deposing King-killing Popish Doctrine harbouring a Sâ—eminary Priest in their Tents and a Pope in their hearts prove a faithfull guard to his Majesties Person Crowne Kingdomes Will those who so oft conspired the death and attempted the murthers of Queene Elizabeth and King Iames onely because they were Protestants and Defenders of the Protestant Faith now cordially protect and assist King Charles without attempting any thing against his Crowne or Person who hath lately made and published so many Protestations and Declarations that he will never imbrace nor countenance Popery but most resolutely Defend and Advance the Protestant Religion and makes this one principall motive how truely he taketh Heaven and Earth to witnesse of his present taking up of Armes Will they thinke you spend their lives for King and Parliament who but few yeares since lost their lives for attempting by a traine of Gunpowder to blow up both King and Parliament Will those secure his Majesty in his Throne now he is actually King of England who would have murthered him in his Cradle ere he was Prince to forestall him of the Crowne of England Can those prove really royall to his Majesty and his Royall Posterity who would have blowne up him and all his Royall House at once even long before he had posterity In a word if ancient presidents will not convince us are those who for two yeares last past or more have beene labouring with might and maine to uncrowne his Majesty and utterly extirpate the Protestant Religion by horrid conspiracies and force of Armes in Ireland and are now there acting the last Scene of this most barbarous bloudy Tragedy likely to spend their dearest bloud in fighting for the preservation of his Majesties Crowne and the Protestant cause in England if this onely be the reall quarrell as is speciously pretended Or will any of that Religion who within these three yeares have by force of Armes both in Catalonia Portugall and elsewhere revolted from and cast off their allegiance to their owne most Catholicke King to set up others of the same Religion in his Tribunall for their greater advantage put to their helping hands to establish his Majesty the most Protestant King in his regall Throne admit it were really not fictitiously indangered to be shaken by the Parliament Certainly if the ground of this unnatural warre be such as these ill Counsellors pretend they would never be so farre besotted as to make choyce of such unfitting Champions as Papists for such a designe who are very well knowne to be the greatest enemies and malignants of all others both to King Kingdome Religion Parliament whose joynt destructions what ever these ill Counsellors pretend is questionlesse the onely thing really intended by the Popish party in this warre as the proceedings in Ireland the introducing of foraine the raising of domestick Popish Forces the disarming of Protestants and Arming Papists with their Harnesse clearely demonstrate to all whom prejudice hath not blinded Now that I may evidence to these pernicious Counsellors and all the world how dangerous how unsafe it is to his Majesty to the Kingdome to put Armes into Papists hands and make use of them to protect the Kings person or Crowne I shall desire them to take notice both of the Papists traiterous Doctrine and Practise in these three particulars they maintaine First That
hereditary line put by Such a transcendent power and jurisdiction as this to disinherit the right heire and transferre the Crowne to whom they thought meetest neither the present nor any other Protestant Parliaments Peeres or Subjects ever exercised though Popish Parliaments Prelates Lords and Commons have thus frequently done it of which you may reade more in 25 H. 8. c. 22. 26 H. 8. c. 12. 28 H. 8. c. 7. 35 H. 8. c. 1. and other Acts hereafter cited Thirdly the Lords and Commons in times of Popery have sent out Writs and summoned Parliaments in the Kings name and forced the King to call a Parliament without and against his full consent Thus Anno 1214. the Barons petitioned Kings Iohn to confirme Magna Charta and their Liberties tendered to him who having heard them read in great indignation asked Why the Barons did not likewise demand the Kingdome and swore that he would never grant those Liberties whereby himselfe should be made a servant So harsh a thing is it writes Daniel to a power that hath once gotten out into the wide liberty of his will to heare againe of any reducing within his circle not considering how those who inherit Offices succeed in the Obligation of them and that the most certaine meanes to preserve unto a King his kingdome is to possesse them with the same conditions that he hath inherited them The Barons hereupon raise a great Army at Stamford wherein were 2000. Knights besides Esquires constituting Robert Fitz-Walter their Generall intituling him the Marshall of the Army of God and holy Church seize upon the Kings Castles and the Londoners sending them a privie message to joyne with them and deliver up the City to be guided by their discretion thither they repaire and are joyfully received under pact of their indempnity After which they sent Letters to the Earles Barons and Knights throughout England who seemed although fainedly to adhere to the King exhorting them with a commination that as they loved the indemnity of their goods and possessions they should desert a perjured King and that adhering faithfully to them they should with them stand immovably and effectually contend for the Liberties and peace of the kingdome which if they contemned to doe they would with Armes and Banners displayed march against them as publike enemies subvert their Castles burne their houses and edifices and not cease to destroy their Ponds Parkes and Orchards Whereupon all the Lords Knights and people deserting the King who had scarce seven Knights in all left with him confederated themselves to the Barons The King seeing himselfe generally forsaken counterfeits the Seales of the Bishops and writes in their names to all Nations that the English were all turned Apostates and whosoever would come to invade them he by the Popes consent would conferre upon them al their lands and possessions But this devise working no effect in regard of the little credit they gave to and confidence they had in the King the truth being knowne all men detested such wickednesses and forgeries and so the King fell into his owne snares Hereupon the King fearing the Barons would take all his Castles without any obstacle though he conceived an inexorable hatred against them in his heart yet he craftily dissembled that he would make peace with them for the present ut cum furtim surrexisset in dissipata agmina acrius se vindicaret qui in omnes non poterat in singulos desaeviret Wherefore sending William Marshall Earle of Pembroke to them with other credible messengers he certified them that for the good of peace and the exaltation and honour of his kingdome he would gladly grant them the Lawes and Liberties they desired commanding the Lords by the same messengers that they should provide a fit day and place where they might meete and prosecute all these things Who related all these things deceitfully imposed on them without fraud to the Barons at London who appointed the King a day to come and conferre with them in a Meade betweene Stanes and Windsor called Running-meade on the 15. day of Iune Where both parties meeting at the day and conferring the King perceiving his forces too weake for the Barons who were innumerable easily granted their subscribed Lawes and Liberties without difficulty and confirmed them with his Charter Hand Seale Oath Proclamations and other assurances which you shall heare anon This meeting Daniel and others stile a Parliament as well as that at Clarindon and other assemblies in the open field the great Charter being therein first confirmed which Parliament the King by force of Armes was constrained to summon So Anno Dom. 1225. King Henry the third cancelling the Charter of the Forest at Oxford pretending that he was under age when he sealed and granted it at first and so a â—â—llity Hereupon the Barons confederate by Oath and put themselves in Armes at Stamford from whence they sent to the King requiring him to make restitution without delay of the Liberties of the Forests lately cancelled at Oxford otherwise they would compell him thereto with the sword to avoyd which danger he was enforced to summon a Parliament at Northampton where a concord was concluded on all hands Anno 1226. and so the Parliament brake up Anno 1237. Henry the third incensing his Nobility and generally all his Subjects by his entertainment of Forainers by whom he was ruled by marrying his sister Elianor to Simon de Monfort a banished Frenchman and his oppressions contrary to his Oath and promise in Parl. that year put them into a new commotion who thereupon made a harsh Remonstrance of their grievances to him by his brother Richard by means whereof the King was forced to call a Parliament at London Anno 1238. whither the Lords came armed to constraine the King if he refused to the reformation of his courses Anno 1250. King Henry is againe enforced by the Barons and 24 Peeres to call a Parliament at Oxford and at London against his will and to assent to ordinances therein made And Anno 1264. he was likewise constrained to call two other Parliaments at London and to assent to the new Ordinances therein proposed which he did onely to get time and circumvent the Barons Anno Dom. 1310. and 1311. King Edward the second was in a manner constrained at the instant supplication of his Nobles to summon a Parliament and to banish his Minion Pierce Gaveston against his will In the 14. and 15. yeares of this King the Barons raising an Army by force of Armes compelled him to summon a Parliament at Westminster and to passe an Act for the banishment of these two great Favorites the Spensers who miscounselled and seduced him and oppressed his people And in the last yeare of this Kings reigne his Popish Prelates Nobles and Commons taking him prisoner summoned a Parliament in his name much against his will wherein for his misgovernment they enforced him to resigne his
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
their destruction attended in ambush The King sweares his innocency promising safe conduct to the Lords if they would come who thereupon came strongly guarded and would trust no longer The King sitting in Royall State in Westminster Hall the Lords present themselves upon their knees before him and being required by the Lord Chancellor Why they were in warlike manner assembled at Haring gye Parke contrary to the Lawes their joynt answer was That they were assembled for the good of the King and kingdome and to weed from about him such Traytors as he continually held with him The Traytors they named to be Robert de Vere Duke of Ireland Alexander Nevill Arch-bishop of Yorke Michael de la Pole Earle of Suffolke Sir Robert Trâ—silian that false Justiciar Sir Nicholas Brambre that false knight of London with others To prove them such They threw downe their Gloves as gages of challenge for a triall by the Sword The King hereupon replyed as knowing they were all hidden out of the way This shall not be done so but at the nâ—xt Parliament which shall be the morrow after Candlemas all parties shall receive according as they deserve And now to you my Lords How or by what authority durst you presume to levy Forces against me in this Land did you thinke to have terrified mee by such your presumption Have not I men and armes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of you all no more than of the basest Scullions in my kitchins Having used these and many like high words he tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The rest of the conference was calme and the whole deferred till the next Parliament then shortly to be holden at Westminster In the meane time that the world might see how little able the King was to equall his words with deeds a Proclamation was set forth in which the King before any tryall cleareth the Lords of Treason names thoâ—e persons for unjust accusers whom the Lords had before nominated The Lords neverthelesse thought not good to sever themselves but kept together for feare of the worst which fell out for their advantage For the Duke of Ireland with the Kings privity such was his false dissimulation had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke slew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare Among the Dukes carriages was found as the devill or rather God would have it certaine Letters of the Kings to the said Duke by which their Counsels were plainely discovered The Lords hereupon march with speed up to London having an Army of forty thousand men the Lord Mayor and City doubtfull whether to displease the King or Lords upon consultation receive the Lords into the City and supply their Army with provisions in the Suburbs Which the King hearing of seemed to slight them saying Let them lye here till they have spent all their goods and then they will returne poore and empty to their houses and then I shall speake with and judge them one after another The Lords hearing this were exceedingly moved and swore They would never remove thence till they had spoken with him face to face And forthwith sent some to guard the Thames lest the King should slip out of their hands and then scoffe at them The King being then in the Tower and seeing himselfe every way encompassed sent a message to the Lords that he would treat with them who thereupon desired him That he would come the next day to Westminster where they would declare their desire to him The King replyed That he would not treat with them at Westminster but in the Tower To which the Lords answered That it was a suspicious place because traines might there be laid for them and dangers prepared to destroy them Whereupon the King sent word They should send thither two hundred men or more to search and view all places lest any fraud should lye hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to him briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability and underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them together with the French packets they had intercepted whereby it appeared he had secretly practised to flye with the Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the Crowne of England held in those parts whereby his honour might diminish his strength decay and his fame perish The King seeing this knew not what to doe especially because he knew himselfe notably depressed At last craving leave they left him confounded and shedding teares yet upon condition that he should come to Westminster the next day where hee should heare more and treate of the necessary affaires of the kingdome Which he promised to doe retaining the Earle of Darby to sup with him But before he went to bed O the ficklenesse of weake Princes and faithlessenesse of their royall words and Protestations some whisperers telling him that it was not decent safe nor honourable for the King to goe thither he changed his resolution The Nobles hearing this were very sad and discontented and thereupon sent him word That if he came not quickely according to appointment they would chuse them another King who both would and should obey the Counsell of his Peeres The King strucke with this dart came the next day to Westminster there attending his Nobles pleasures To whom after few discourses the Nobles said That for his honour and the benefit of his kingdome all Traytors whisperers flatterers evill instruments slanderers and unprofitable persons should be banished out of his Court and company and others substituted in their places who both knew how and would serve him more honourably and faithfully Which when the King had granted though with sorrow they thought fit that Alexander Nevill Archbishop of Yorke Iohn Fordham Bishop of Durham with sundry other Lords knights and Clergy men should be removed and kept in strait prison to answer such accusations as should be objected against them the next Parliament Whereupon they were apprehended forthwith and removed from the Court After the feast of Purification the Parliament much against the Kings will who would have shifted it off at that time began at London The first day of the Session Fulthorpe and all the rest of the Judges were arrested as they sate in judgement on the Bench and most of them sent to the Tower for that having first over-ruled the Lords with their Counsels and direction which they assured them to be according to Law they afterward at Nottingham gave contrary judgement to what themselves had determined formerly Tresilian the chiefe Justice prevented them by flight
but being apprehended and brought backe to the Parliament in the forenoone had sentence to be drawne to Tiburne in the afternoone and there to have his Throate cut which was done accordingly The King seeing these proceedings by advise of his ill Counsellors absented himselfe from his Parliament and sent Michael de la Pole then Lord Chancellor to demand foure fifteenes in his name of the Commons for that without lesse he could not maintaine his estate and outward warre To which the body of the Parliament made answer that without the King were present they would make therein no answer and that unlesse the King would remove him from his Chancellorship they would no further meddle with any Act this Parliament The King upon this sent to the Commons that they should send to Eltham where he then lay 40. of the wisest and best learned of the Commons who in the name of the whole House should declare unto him their minde Upon which message the House were in more feare then before for there went a talke that the King intended to betray divers of them which followed not his minde either that way or at a banquet appointed to be made purposely at London if Nicholas Exton the Mayor of London would have consented thereunto at which time the Duke of Glocester should have beene taken Wherefore the Lords and Commons assembled together agreed with one assent that the Duke of Glocester and Bishop of Ely should in the name of the whole Parliament be sent to the King to Eltham which was done and the King well pleased that they should come When they came into his presence they most humbly saluted him and said Most high and redoubted Soveraigâ—e Lord the Lords and Commons of this your Parliament assembled with most humble subjection unto your most royall Majesty desire your most gracious favour so that they may live in tranquillity and peace under you to the pleasure of God and wealth of the Realme On whose behalfe we also shew unto you that one old statute and landable custome is approved which no man can deny That the King our Soveraigne Lord may once in the yeare lawfully summon his high Court of Parliament and call the Lords and Commons thereunto as to that which is the highest Court of this Realme In which Court all equity and justice must shine even as the Sunne when it is at the highest whereof poore and rich may take refreshing where also must be reformed all the oppressions wrongs exactions and enormities within the Realme and there to consult with the wise men for the maintenance of the Kings estate And if it might be knowne that any persons within the Realme or without intended the contrary there also must be devised how such evill weeds might be destroyed There also must be studyed and soreseene that if any charge doe come upon the King and his Realme how it may be well and honourably supported and sustained Hitherto it is thought by the whole Realme that your Subjects have lovingly demeaned themselves to you in ayding you with substance to the best of their powers and they desire to have knowledge how and by whom these goods be spent One thing resteth yet to declare in their behalfe unto you how that by an old Ordinance they have an Act if the King absent himselfe forty dayes not being sicke but of his owne minde not heeding the charges of his people nor their great paines will not resort to his Parliament they then may lawfully returne home to their houses And now Sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discomfort And our Parliaments present case To this the King answered by these words Well we doe consider that the people and Commons goe to rise against us wherefore we thinke we can doe no better than to aske ayde of our Cosin the French King and rather submit us to him than to our owne Subjects The Lords answered Sir that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King is your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispoyle you invade you and depose you from your estate Royall than put any hand to helpe you c. And as that King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconveniences be come by the evill Counsell which are about you And if you put not your helping hand to the redresse of the premises this Realme of England shall be brought to nought and utter ruine which clearely shou'd be laid to your default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the world was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruine either of you or else of your Realme By these good perswasions the King was appeased and promised within three dayes after to come to the Parliament and to condescend to their Petitions And according to his appointment he came Where soone after Iohn Fordham Bishop of Durham was discharged of the Treasurourship and the Bishop of Hereford set in his place De la Pole was put from his Chancellourship for dive scrimes frauds briberies and treasons by him committed to the prejudice of the King and his Realme committed to the Tower and fined twenty thousand Markes to the King in relieving of the Commons Divers other Judges knights Delinquents of all sorts were condemned executed others banished and their states confiscated others put out of Offce by this Parliament as you may read in our Histories and in the Statutes at large in which Statutes the mischievous effects of these evill Counsellors to King kingdome and people are at full related whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords raising of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of any pardâ—n and their raising of Armes against the Parliament and kingdome though with the Kings owne consent and his command declared and enacted to be high Treason These proceedings ratified and assented to in Parliament by the King much against his will wrought an intolerable secret hatred and desire of revenge in his heart against the Lords which for want of power he concealed neare ten yeares space but in the twentyeth yeare of his Reigne being somewhat elevated in his spirit with a rumour that he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke and Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the peoples eyes lest they should rise up in Armes to rescue these Lords the King sent out
meerely from the voluntary consent and grant of his people in the Parliament This is irrefragably evident not onely by the various kinds of Kings where of some are of greater power and authority others of lesse some by Election others by succession onely by reason of their Kingdomes Subjects original institution by the divers alterations of the Monarchy in this kingdome which hath beene sometimes divided into seven sometimes into five sometimes into three or two kingdomes and at last reduced unto one by the great changes and alterations made in all Foraine Realmes which have sometimes multiplyed sometimes diminished the number and power of their Princes and somtimes quite abolished the royall forme of Government changing it into an Aristocraticall or popular rule or Dukedome by the divine Authority of S. Peter who in this regard calls Kings and their Supremacy a humane creature or Ordinance of man because instituted limited and moulded into severall degrees of power by men over whom they reigne but likewise by two expresse determinations of Aristotle in these termes Regna patriis moribus legibus FUNDATA CONFIRMATA SUNT And Verum Regnum est imperium majoâ—ibus praestantioribus viris VOLUNTATE CIVIUM DELATUM seconded by Tully Livie and others It is the unanswerable Argument of Marius Salamonius an incomparable Roman Lawyer and Philosopher in his Lib. 1. de Principatu p. 17 to 27. Printed at Paris 1578. Cumprivilegio Regis To prove The whole Kingdome and people the Soveraigne power greater than the Prince and the Prince be he King or Emperour inferiour unto them because he is not onely their Servant but creature too being originally created by and for them Now as every Creator is of greater power and authority than its creature and every cause greater then its effect So the Authority and power of the people which creates the Prince and Princely power and augments or limits it as there is cause must needs be greater then the Prince or royall power Who though he be greater than any private subject or magistrate over whom he rules yet he is still inferiour to all the people and kingdome whose Servant or Creature he is and by whose authority he doth and manageth all things And though Principalities generally considered be of God yet the constitution of Princes and their severall degrees of power are meerely from men for if the regall Authority of Kings were meerely from the Law of God or nature as many ignorant Court Doctors now Preach and write it should be the same and like it selfe in all kingdomes the same among the Romans as Parthians Scythians Medes and other Nations But it is not the same among all these Nations but different such Qualis suo cuique placet populo as every People pleaseth to prescribe and make choyce of the Power Rights and Royalties of the Kings of the Parthians Medes and Scythians being such as the Parthians Medes and Scythians please therefore the Rights and Prerogatives of the Roman Empire and Emperours and of the kingdom and King of England too such as the Romans pleased and prescribed by their Lex Regia Which he there prosecutes at large And it is the direct conclusion not onely of this Authour but likewise of Iohn Mariana a Spanish Jesuite in his Booke De Rege Regis institutione l. 1. c. 8. Dedicated to King Philip the third of Spaine and Printed by his and the Emperours speciall Priviledge both in Spaine and Germany That the whole Commonweale kingdome and people are of greater power and Authority than the King as for other reasons so for this that he is but their Creature Servant and derives all his Royall Authority from them alone not for his owne but their service and benefit who may enlarge or restraine it as they see just cause And not to trouble you with Foraine Authorities in this point which are infinite I shall onely acquaint you with the resolutions of some eminent ancient Lawyers of our owne Andrew Horne an eminent Lawyer in Edward the first his Reigne in his Myrrour of Iustices Chap. 1. Sect. 2. p. 7 8 9. writes thus of the originall institution of our English Monarches After that God had abated the Nobility of the Britaines who rather used force than right he delivered it to the most humble and simple of all the neighbour Nations the Saxons who came from Germany to conquer it of which Nation there have beene forty Kings all which held themselves to have COMPANIONS These Princes called this Land England which before was named Greater Britaine These after great warres elected from among them a King to Reigne over them to governe the people of God and to maintaine and defend their persons and goods in peace by the Rules of Law or Right And at the beginning they caused the King to sweare that he will maintaine the holy Christian faith to the utmost of his power and guide his people by Law without respect to any person and shall be obedient to suffer or undergoe Law as well as others of his people And afterwards this Realme was turned to an heritage according to the number of the Companions who divided the Realme into 38. Counties and delivered each one a County to keepe and defend from Enemies according to every ones estate And although the King ought to have no Peeres in the Land yet because if the King of his owne wrong should offend against any of his people neither he nor any his Commissaries can be both Judge and Party OF RIGHT IT BEHOVES that the King should have COMPANIONS for to â—eare and determine in Parliaments all the Writs and plaints of the wrongs of the King the Queene and their children and of those especially of whose wrongs they could not otherwise have common right These Companions are now called Counts after the Latine Comites and so at this day these Countries are called Counties and in Latine Comitatus c. Henry de Bracton who writ in Henry the third his Reigne as in his forecited Passages so in others resolves That the King is under the Law because the Law makes him a King by giving him dominion and power Now how doth the Law thus make him a King but by the Parliament the Kingdomes great Counsell by whose Counsell and consent alone all Lawes were first enacted and yet are as the same Authour informes us who further addes That the King ought to be under the Law because Christ whose Vicar he is on earth when be came to redeeme mankinde made choyse of this way especially to destroy the workes of the Devill using not the strength of his power but the reason of his justice and so would be under the Law that he might redeeme those that are under the Law Thus the Virgin Mary the mother of our Lord who by singular priviledge was above the Law yet to shew an example of humility refused not to be
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
MOST HIGH AND ABSOLUTE POWER OF THE REALME for thereby KINGS AND MIGHTY PRINCES HAVE FROM TIME TO TIME BEENE DEPOSED FROM THEIR THRONES and Lawes are enacted and abrogated Offenders of all sorts punished and corrupted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE REALME and the place where every particular man is intended to be present if not by himselfe yet by his Advocate and Atturney For this cause any thing that is there enacted is not to be withstood but obeyed of all men without contradiction or grudge and to be short all that ever the people of Rome might doe either Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their Assemblies had power to enact binding Lawes to create and elect their Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes of Officers and to change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authours resolution the Parliament hath an absolute power to doe the like when they see just cause Sir Thomas Smith one of the Principall Secretaries of State of King Edward the 6. and Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but 2. in the last Edition hath the same words in effect with Holinshed and addes that the Parliament giveth forme of Succession to the Crowne c. Our Kings Royall power being then originally derived to them conferred on them by the Peoples and kingdomes common consents in Parliament and all their new additionall Prerogatives too as the premises evidence it cannot be denyed but that the whole kingdome and Parliament are really in this sense above him and the most Soveraigne primitive power from whence all other powers were and are derived Fourthly This is undeniable because the whole kingdome in Parliament may not onely augment but likewise abridge allay abolish and resume some branches of the Kings royall power and prerogative if there be just cause as when it becomes onerous mischievous or dangerous to the Subjects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or the Lawes This is most apparent by Magna Charta Charta de Foresta Statutum De Tall agio non concedendo Articuli super Chartas Confirmatio Chartarum 1 E. 3. c. 6 7. 2 E. 3. c. 2. 8. 3 E. 1. c. 35. 9 E. 3. c. 12. 5 E. 2. c. 9. 10 E. 3. c. 2 3. 14 E. 3. c. 1. 14. 18 E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36 E. 3. c. 10. 37 E. 3. c. 18. 42 E. 3. c. 3. 10 R. 2. c. 1. 11 R. 2. c. 1. to 7. 1 R. 3. c. 2. 4 H. 4. c. 13. 21 Jac. c. 3. 24. 7 H. 8. c. 3. The Petition of Right 3 Caroli most Statutes against Purveyens Pardons Protections and for regulating the Kings Charters Grants Revenues the Acts made this Parliament against Ship-money Knighthood Forest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the continuance of this Parliament whiles they please with sundry other Acts which restaine abridge repeale resume divers reall and pretended branches of the Kings royall Prerogative because they proved grievous mischievous dangerous pernicious to the people and kingdome This then answers that irrationall groundlesse position of Doctor Ferne That the Subjects neither lawfully may nor ought in any case to resume all or any part of that Regall power wherewith they have once invested their Kings by common consent though it prove never so mischievous and be never so much abused to the peoples prejudice Which as it is contrary to that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That all Governments created by mens consents especially being but officers in trust for their good and welfare onely to sundry presidents and Prophesies in Scripture concerning the Alterations Subversions Diminutions of Kings and kingdomes to the constant practise of all Realmes all States whatsoever from Adam till this instant who have undergone many strange alterations eclipses diminutions yea Periods of Government to the Resolution of Aristotle and all other Politicians who hold all formes of Government changeable and revocable without any injustice if necessary or convenient So likewise to the very end for which Kings have regall power as well as other Governours and Governements and for which they were ordained to wit their kingdomes peoples welfare safety peace protection c. Salus populi being not onely that Suprema Lex but principall end for which all royall power was instituted by God and Man and to which it must submit in case it becomes incompatible or inconsistent with the publique weale or safety What therefore that learned Father Augustine Bishop of Hippo long since resolved touching the now much contested for Lordly State of Episcopacy which he and neere three hundred African Bishops more were then ready to lay downe for the Churches peace I may fitly apply to the now over-much contended for supposed royall Prerogatives of Kings to effect peace in our State in these times of uncivill military that I say not bloody dissentions raised about them betweene King and Parliament Anâ— vero c. What verily did our Redeemer descend from heaven into humane members and shall we lest his very members he rent in pieces with cruell division feare to dâ—scend out of out Thrones we are ordained Bishops for Christian peoples sake what therefore may profit them for Christian peace that let us doe with our Bishoprickes Quod autem sum propter te sim si tibi prodest non sim si tibi obest What I am I may be for thee if it profit thee I may not be if it be hurtfull to thee If we be profitable servants why doe we envy the eternall gaines of our Lord for our temporall sublimities or Prerogatives Our Episcopall dignity will be more fruitfull to us if being laid downe it shall more unite the flocke of Christ than disperse it if retained If when I will retaine my Bishopricke I disperse the flocke of Christ how is the dammage of the flocke the honour of the Shepherd c. Old statute Lawes yea the common Law of England though above the King and his Prerogative may be and oft are repealed and altered by Parliaments when they become mischievous or inconvenient therefore by like or greater reason may any branches of the Kings Prerogative inferiour to these Lawes be restrained yea resumed when they prove grievous or dangerous to the Subject It is the Kings owne professed Maxime in full Parliament Printed and inrolled by his speciall command in all his Courts That the Kings Prerogative is but to defend the Peoples Liberties when therefore it either invades or subverts them it
may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded and that onely for the publique weale not prejudice of the people The Emperour Otho the first and our King Richard and second as some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subjects blood by civill warres and settle peace within their Realmes and shall not other Kings then most joyfully part with some Punctilioes of their reall or branches of their supposed Prerogatives for the selfesame ends if their Parliaments see good cause to resume them and of right may doe it Fifthly The King though he be the chiefe and principall yet he is onely one member of the Parliament and kingdome the least because but one person though the highest branch the Lords and Commons not elected by but assigned Counsellors to the King by the kingdome and people being the greatest and most considerable part as representing the intire body of the Kingdome Now common reason Law and experience manifests and Aristotle Polit. l. 1. c. 2. with Marius Salamonius de Principatu l. 1. p. 40 41. conclude that the whole or greatest part in all politique or naturall Bodies is of greater excellency power and jurisdiction than any one particular member Thus in all our Corporations the Court of Aldermen and Common Councell is of greater power than the Mayor alone though the chiefe Officer the Chapter of greater authority than the Deane the Deane and Chapter than the Bishop the whole Bench than the Lord chiefe Iustice the whole Councell than the President the whole Parliament then either of the Houses and by like reason than the King especially since one of the three Estates is lesser than the three Estates together who in Parliament by the fundamentall Constitutions of the Realme are not Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination that in an Oligarchie Aristocracie and Democracie whatsoever seemes good to the major part of the Governours of the Common-wealth that is ratified that the whole City Kingdome Family is more excellent and to be preferred before any part or member thereof And that it is unfit the part should be above the whole And in all Courts of Justice Corporations and Elections the major part have alwayes had the greatest sway and constantly over-ruled the lesse though it be but by one casting voyce as is evident to all in the Elections of Knights and Burgesses of and votes in the Parliament in which the King Lords and Commons by the Common Law make up but one intire Corporation since then even in Parliament it selfe the major part over-swayes the rest yea the King himselfe who hath no absolute negative voyce but onely in refusing to passe some kind of Bills not all of which more hereafter doubtlesse the whole or major part of the Parliament which in Law is the whole is above the King the chiefe member of it Which consideration together with the Statutes of 5 R. 2. State 2. c. 4. 6 H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himselfe from the same Parliament till it be fully ended or proâ—ogued without speciall license of the Speaker of the Commons to be entred of Record in the journall Booke under paine of amercement losse of wages other punishment nor any Member of the Vpper House without that Houses license under paine of inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3 E. 3. 19. Fitz. Coron 161. and Stamford l. 3. c. 1. f. 153. compleatly answers that fond cavill of Malignants and Royalists against this Parliament that the King and many of the other Members have wilfully absented themselves from the House of purpose to dissolve it if they could notwithstanding the late speciall Act made by their joynt consents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and Logicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve both Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these absent Members be the greater number why doe they not come and over-vote the rest in the House in a peaceable legall usuall Parliamentary way rather than challenge them into the field in a military illegall unusuall bloody manner unheard of in former ages If the lesser party then present or absent the major part must over-rule them volens nolens as it hath ever used unlesse they will be wilfuller I cannot say wiser than all their predecessors put together As for his Majesties absence from the Parliament by the pernicious advise of evill Counsellors so much insisted on by Malignants I answer First That it was without any just cause given by the Parliament Secondly It was much against their wills who have oft importuned petitioned and used all possible meanes to procure his returne Thirdly His absence was procured and is yet continued by those alone who most unjustly taxe the Parliament for it and would take advantage of this their owne wrong Fourthly though he be personally absent as a man yet he is still Legally present in Parliament called the Kings presence as he is a King as he is in all other his Courts of Justice where all proceedings are entred Coram Rege though the King never yet sate personally in either of them as he hath oft times done in this Parliament for the continuance whereof he hath passed such an Act as will inseparably tye his royall presence to it though the Cavaliers about him should be force with-draw his person from it not onely as farre as Yorke but the remotest Indies yea he must first cease to be King of England ere he can be legally absent from his Parliament of England This his wilfull personall absence from his greatest Counsell which desires and needs it is as many conceive an Act of the highest injustice that ever any Prince could offer of his Parliament worse than Rehoboams forsaking the counsell of his ancient Sages to follow the hare-brain'd advise of his young Cavaelieres for though he followed not their ancient prudent counsell yet he with-drew not himselfe from them as his Majesty now severs himselfe from his Parliament not only without but against all precedents of his Royall predecessors except King Richard the second who once absented himselfe from his Parliament above forty dayes yet then returned to it upon better advise and the very common custome and Law of the Land which he is obliged by his Coronation Oath and many late Protestations added to it constantly to maintaine This appeares most clearely by the ancient Treatise Of the manner of holding of Parliaments in England both before and since the
wils pleasures profit or benefit of Kings who by birth and nature differ not at all from the meanest of their Subjects but Kings were at first constituted and still continued for the protection welfare benefit service of their kingdomes Parliaments People whose publicke Servants Ministers Shepherds Fathers Stewards and Officers they are Now Nature Reason and Scriptures resolve that he who is instituted meerely for the benefit and service of another as all the Creatures were created for mans use and therefore are inferiour unto man in dignity and power is of lesse dignity power and jurisdiction than the intire body of those for whose good he was instituted as the servant is inferiour to his Master the Wife to her Husband for whom they were created the Mayor to the whole Corporation and the King to his whole Kingdome and Parliament which consideration hath caused sundry Kings and Emperours not onely to adventure their lives in bloody battles but to lay downe their Crownes for the peace and safety of their Subjects witnesse Otho the first and others with the Examples of Moses Exod. 32. 9. to 15 32. Numb 14. 11 to 15. of David 2 Sam. 29. 17. 1 Chron. 21. 17. and Iohn 10. 11. 15. with other precedents which I pretermit And the reason is apparent for if the King be slaine in defence of the kingdome or People yet the kingdome and people may remaine secure and another succeed him in that office of trust In which respect a Politique body differs from a Naturall that it hath life continuance and meanes to guide defend and Order it selfe though the King and head be cut off by death But if the Realme and People be destroyed though the King survive them as a Man yet he must necessarily perish in and with them as a King since he cannot possibly be a King without a kingdome and people for whose good and safety alone he was made a King Hence Aristotle Polit. l. 3. c. 4. and Marius Salamonius de Principatu l. 2. p. 50. define a Principality to be A just Government for the benefit of the people respecting onely the publique good and welfare not its owne private advantage Hence Plato de Repub. l. 1. thus describes the Office of a Prince towards the Common-wealth That as he is a Prince he neither mindes nor commands what is advantagious to himselfe but what is beneficiall to his Subjects and whatever he saith or doth he saith and doth it for the profit and honour of the Republicke which Cicero in his Offices hath more elegantly thus translated As the defence so the procuration of the Common-weale is to be managed to be benefit of those who are committed not of those to whom it is committed And de Finibus l. 3. A good and wise man not ignorant of his civill Office is more carefull of the utility of all than of any one or of his owne Neither is a Traytor to his Country to be more dispraised than a deserter of the common profit and safety for his owne profit and safety And the Emperour Iustinian used this golden sentence Quod communiter omnibus prodest hoc privatae nostrae utilitati praeferendum esse censemus nostrum esse proprium subjectorum commodum Imperialiter existimantes Imperialis benevolentiae hoc esse judicantes in omni tempore Subjectorum commodatam investigare quam eis mederi procuremus I shall conclude this with Salamonius his words Let the Prince be either from God or from men yet think not that the world was created by God and in it men that they should serve for the benefit of Princes for it is an absurdity above what can be spoken to opine that men were made for Princes since God hath made us free and equall But Princes were ordained ONELY FOR THEIR PEOPLES BENEFIT that so they might innocently preserve humane and civill societie with greater facility helping one the other with mutuall benefits Which he there largely proves by sundry Histories and Authorities That of Peter Matthew being a certaine verity All the Actions of a Prince must tend to the good and health of his people for whom he lives and more than for himselfe as the Sun doth not shine and give heat but for men and the elements The King then being made King onely for the Kingdomes Parliaments Peoples service must needs in this regard be inferiour to not Paramount them in absolute Soveraigne power though greater better than any particular Subjects Seventhly The Parliament as our Law-bookes and Writers resolve is the most high and absolute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and among other Priviledges this is the highest that it is above the Law it selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people Yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and Iudgements whatsoever of the King or any other Courts of Iustice if they be erroneous or illegall not onely without but against the Kings personall consent so farre as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realme vested in his person that he and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power alter the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever nor impose the least taxe or common charge upon his people nor imprison their persons distraine their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potest as sua Iuris est non injuriae Nihil aliud potest Rex in terris nisi ID SOLUM QUOD DE JURE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King Iohn Bodin that great Lawyer and Politician resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes to all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince he bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as Bracton and others forecited say our English King hath namely his Earles and Lords thence stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or
of the People he is then no Soveraigne Whence it followes that the Kings of England who cannot make any Law to obliege either all or any of their Subjects nor impose any Taxes nor repeale any Common or Statute Law but in and by their Parliaments are no absolute Soveraigne Princes as some Royalists and Court Divines most falsly averre them to be but meere mixt Politique King inferiour to their Lawes and Parliaments the sole Law-makers Law-alterers though not against but with the Kings assent considered not abstractively as Kings but copulative as a branch and member of the Parliament And indeed to speake impartially though the Kings Royall assent be generally requisite to passe and retifie Lawes yet I humbly conceive that the originall prime Legislative power of making Lawes to binde the Subjects and their Posterity rests not in the Kings owne Royall person or Jurisdiction but in the Kingdome and Parliament which represents it For first admit the King should propound any Lawes to his people as Kings and Law-givers usually did at first yet these Lawes would not wayes obliege them unlesse they voluntarily consented and submitted to them in Parliament and the sole reason why our Acts of Parliament binde the Subjects in former times and at this day is not because the King willed them but because the people gave their generall consents unto them in Parliament as Sir Thomas Smith in his Common-wealth of England Holinshed the Prologues to most ancient Statutes the King by the advise and assent of the Lords Spirituall and Temporall and Commons and at the speciall request of the Commons in Parliament assembled and by THE AUTHORITY OF THE SAME PARLIAMENT doth grant and ordaine c. The Kings Coronation Oath Quas vulgus Elegerit and all our Law-bookes resolve and that upon this received Maxime of Law Quod omnes tangit ab omnibus debet approbari Hence Marius Salamonius defines a Law to be Expressa Civium Conventio and averres that Ligatur populus suis legibus quasi pactis conventis quae verae sunt Leges And he likewise proves at large That the Lawes to which Princes assent are more the Peoples Lawes than the Kings because Kings doe passe and grant them but as the publicke Ministers of the people and by their command and direction and they could neither assent to Lawes nor doe any other Act of Royalty unlesse the people had given them such authority with which Fortescue concurres c. 9. 13 14. The King in passing Bils doth but like the Minister in Marriage declare it to be a Law but it is the parties consents which makes the Marriage and the peoples onely that makes it a Law to binde them whence those in Scotland Ireland Man Garnsey and Iersie are not bound by our English Statutes nor Tenants in Ancient Demesne as hath beene oft times judged because they consented not to them Therefore the chiefe Legislative power is in the people and both Houses of Parliament not in the King as it was in the Roman State where the people had the Soveraigne Jurisdiction of making and confirming Lawes to binde them not their Kings Emperours or Senate as I shall hereafter manifest Secondly This appeares by the case of Customes of By-Lawes in Corporations and Manours which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of their mutuall assents alone and as these private By-Lawes oblige all those who consent to them by reason of their ownefree assents onely so doe all publicke Acts of Parliaments obliege all Subjects onely because of their generall assents to them in their Knights Citizens and Burgesses elected by and representing their persons Thirdly all Bills or Acts of Parliament are usually made framed altered thrice read engrossed voted and fully agreed upon in both Houses without the Kings personall knowledge or privity for the most part before they come to have his Royall assent And when they are thus agreed on by both Houses the King cannot alter any one word or letter in them as the Houses may doe but must either absolutely asâ—ent to or consider further of them And if the King send any Bill he desires to have passe it must be thrice read and assented to in both Houses which have power to reject alter enlarge or limit it as they thinke meete else it can be no Act at all A cleare Demonstration that the chiefe power of enacting and making Lawes is onely in the people Commons and Peeres not the King who by his Writ doth purposely summon them to meete and enact Lawes as the chiefe Legislators Witnesse this notable clause in the Writ for the Election of Knights and Burgesses Ita quodiidem Milites plenam sufficientem Potestatem pro SE COMMUNITATE Comitatus praedicti dicti Cives Burgenses pro SE COMMUNITATE Civitatum Burgorum praedictorum divisim ab ipsis habeant AD FACIENDUM ET CONSENTIENDUM HIS quae tunc ibidem DE COMMUNI CONSILIO DICTI REGNI not Regis nostri contigerint ORDINARI super negotiis antedictis Ita quod PRO DEFECTU POTESTATIS HUJUSMODI c. dicta negotia INFECTA NON REMANEANT quovis modo answerable to which is that clause in Pope Elutherius his Epistle to our first Christian King Lucius about An. 185. Ex illis Dei gratia PER CONSILIUM REGNI VESTRI SUME LEGEM per illam Dei potentia vestrum reges Britania regnum Fourthly all publicke Acts are the whole Kingdomes Lawes not Kings alone made principally and solely for the Subjects benefit if good their prejudice if ill therefore the whole Kingdome represented in and by both Houses not the King knowing much better what is good or bad for themselves than the King alone it is just and reasonable that they and not the King should be the principall Law-makers to binde or burthen themselves with any new Lawes penalties or restraints This is the ground of that notable Rescript of the Emperour Theodosius to the Roman Senate which proves the Roman Emperours to have no right nor power to declare or make Lawes but by the Senates concurring assent and approbation Humanum esse probamus si quid de caetero in publica privatave causa emerser it necessarium quod formam generalem antiquis Legibus non insertum exposeat id AB OMNIBUS autem tam Proceribus nostri Palatii quam gloriosissimo caetu vestro Patros conscripti tractari si UNIVERSIS tam Iudicibus quam VOBIS placuerit tunc legata dictari sic ea denuo COLLECTIS OMNIBUS recenseri CUM OMNES CONSENSERINT tunc demum in sacro nostri numinis consistorio recitari ut UNIVERSORUM CONSENSUS nostrae Serenitatis authoritate firmetur Scitote igitur Patres conscripti NON ALITER IN POSTERUM LEGEM a nostra clementia PROMULGANDAM nisi supradicta forma fuerit observata Bene enim
cognoscimus quod cum vestro consilio fuerit ordinatum ID AD BEATITUDINEM NOSTRI IMPERII ET AD NOSTRAM GLORIAM REDUNDARE Therefore doubtlesse he deemed the Senate the chiefe Legislators as knowing better than himselfe what conduced to the beatitude of the Empire and to his owne Imperiall honour and never dreamed of any negative voyce annexed to his Imperiality to deny such Acts as they once Voted for usefull publicke Lawes Fifthly It is cleare that all Acts which give any Subsidie Taxes Penalties or forfaitures to the King are made onely by the People in Parliament and not principally by the King since the King cannot be said in any propriety to give any thing to himselfe This is undenyable by the forme of penning all subsidie Bills granted by the Commons or Clergy Your Commons assembled in your High Court of Parliament c. humbly present your Majesty with the free and chearefull gift of two entire Subsidies which we humbly beseech your Majesty graciously to accept c. Your Majesties faithfull Subjects the Prelates and Clergie c. with one agreement and uniforme consent have given and granted and by these presents doe give and grant to your Highnesse c. foure intire Subsidies in manner and forme as followeth And by the Kings assent to these Bills Le Roy remercy ses Loaulz Subjects accept LOUR BENEVOLENCE c. the Commons having the sole power to grant or deny Subsidies and Taxes when they see cause and to limit the proportion of them the manner and time of paying them and to order how and by whom they shall be received and imployed as all Acts of this nature manifest If then they be the chiefe Law-makers in these Acts which lay any imposition upon the Subjects goods or restraint on his person then by like reason in all other penall publicke Lawes This is infallibly cleare by the Kings Coronation Oath who sweares That he will grant fulfill and defend ALL RIGHT FULL LAWES and CUSTOMES the which THE COMMONS OF THE REALME SHALL CHUSE and shall strengthen and maintaine them after his power If the Commons then are to chuse Lawes and the King by his Oath bound to grant strengthen maintaine and defend them when chosen by them then doubtlesse they are the chiefe Legislators not the King whence Fortescue c. 9. resolves That the People of England are ruled by such Lawes as themselves chuse or desire And that their Lawes are their owne not the Kings Seventhly all Acts of Parliament made in the Reignes of usurpers who have no Title to the Crowne nor right to assent to Lawes are firme and good in Law and shall binde the right heires to the Crowne as is evident by the Lawes made by King Iohn Henry the 4 5 6. reputed usurpers by Edward the 4. and Richard the 3. acknowledged an usurper whose Lawes are yet in force The reason is as is cleare by 1 E. 4. c. 6. because these Lawes and all other Judiciall Acts in Courts of Justice are the Acts of the Parliament and Courts themselves which are lawfull not of the usurping King who is unlawfull Therefore certainely the Legislative power is more in the Parliament thaâ—â— in the King if not wholly in it there being Lawes and kingdomes before Kings were Eightly There are good and binding Lawes in many Aristocraticall and Democraticall States as in Venice the Netherlands Geneva Florence Switzerland and other Republickes where there are no Kings at all Yea there were such obligatory Lawes in Bohemia Poland Sweden Spaine Hungary and other Realmes before they were erected into kingdomes which remained in full force and efficacy and still bound both King and People after they became kingdomes And the Romans Athenians Lacedemonians Lawes of old made under their Kings survived and continued in their vigour after their Kings were abandoned and the very forme of their states quite altered into an Aristocracy yea the Lawes made by the Roman Senate and People continued in force after their Emperours were erected and the very Lex Regia recorded by Salamonius which created limited and defined the very Prerogative Power and Authority of the Roman Emperours was made onely by the Senate and People who by that Law gave sometimes more Authority to one Emperour than to another and restrained the power of some Emperours more than others and subjecting them to some Lawes from which they exempted others and therefore doubtlesse were the supreamest Law-givers and the Soveraigne power above the Emperour as Marius Salamonius and Bodin prove at large And the Emperour Theodosius is not ashamed to professe as much in his Edict to Volusianus in these termes Digna vox Majestate regnantis LEGIBVS ALLIGATVM SE PRINCIPEM PROFITERI AD EO DE AVTHORITATE IVRIS NOSTRA PENDET AVTHORIT AS revera majus Imperio est summittere Legibus Pincipatum Etoraculo praesentis Edicti Quod NOBIS LICERE NON PATIMVR aliis indicamus If then Lawes may thus be made where there are no Kings by the peoples joynt consents alone If Lawes enacted in a State before by consent it be made a Kingdome remaine in force after it is erected into a kingdome and continue after it ceaseth to be a kingdom only by and for the people consenting to them as is evident by infinite examples and the people Parliament Senate have anciently made and may make Lawes even to binde their Kings and Soveraignes themselves in points of their Prerogative and power then doubtlesse they and not Kings are the chiefe Soveraigne Legislators and their Royall assents to Lawes are no wayes essentiall to the very being of Lawes but rather a complementall Ceremony Ninthly admit the King should dye without Heire no doubt the kingdome and Parliament have a just right either to alter the government or dispose of the Crown to what family they please as the constant practise of all kingdomes in such cases manifests and Bishop Bilson himselfe assureth us That all Nations once members of the Roman Empire when the right Heires failed were suffered to elect their Governours where they pleased as the Romans themselves might doe and no doubt they may make binding publike Lawes during the Inter-regnum as the kingdome and Estates of Aragon did during their Inter-regnums Yea if the King be an infant as Henry the 3 Henry the 6. Edward 3. 5. and Richard 2. with other our Kings were when the Crowne descended to them or non Compos Mentis or taken with a dead Palsie or Apoplexie or an Ideot by birth or Age or a Monke professed as some Kings have beene or absent in a Pilgrimage to Rome or a voyage to the Holy Land As the Lords and State Assembled at the New Temple after the death of King Henry the third during his Sonne King Edward the 1. his absence in the Holy Land Proclaimed him King swore fealty to him CAUSED A NEW SEALE TO BE MADE appointed â—it Officers
and Ministers for the Custody of his Treasure and Peace and proclaimed his Peace throughout the Realme or other remote foraine parts by reason of warres as divers of our Kings heretofore have beene and so unable personally to consent to Lawes no doubt in all such cases the right of creating a Protector to execute regall power summon Parliaments assent to Lawes is onely in the Parliament which may in these cases make any publicke Acts without the Kings personall presence or assent and the assent of the Regent or Protector usually created by them shall as firmely binde the King as if he had personally consented as is evident by all the Acts of Parliament passed during the minority of Henry the third who was but nine yeares old Edward the third who was but thirteen Richard the second who was but eleven yeares of age Henry the sixt who was but nine moneths old Edward the sifth but twelve yeares Henry the eight not eighteene yeares Edward the fixt but nine yeares of age when they began their Reignes and so uncapable of giving any personall consent to Lawes by themselves of which they could not judge but by their Protectors and by all Acts made in the absence of King Richard the first Edward the 1 2 3 4. Henry the 3. 2 3 4 5 6. and others out of the Realme all good and binding Lawes as appeares by 28 H. 8. c. 17. which altered and 33 H. 8. c. 22 which declareth the Law in these particulars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-giver not the King Tenthly The King hath little or no hand in making but onely in assenting to Lawes when they are made by the Houses as the usuall forme of passing Acts Le Royle veult The King wills or assents to it not before but after they have passed both Houses imports which assent of his if the Bils be publike and necessary for the Common good is not meerely arbitrary at the Kings will but the King by Oath and duty is bound to give it and the Lords and Commons may in justice demand it of meere right as I shall shew anon His Royall assent then though it be the last act which compleates Bils and makes them Lawes yet since it is but an assent to a Law formerly made by both Houses which he cannot alter in any point Yea an assent which the King in Honour Law Justice Duty by vertue of his Coronation Oath is bound to give as appeares by the Prefaces of most Statutes the Statute of Provisours 25 E. 3. Parl. 6. 20 E. 3. and other Acts it is so farre from proving the King the Supreame power and Law-giver that it manifests the contrary that this power principally resides in both the Houses not the King Eleventhly The kingdomes Soveraignty and supreame jurisdiction above the King is most apparent by those Coronation Oathes which Parliaments and the kingdome anciently long before or at leastwise in King Edwards dayes before and ever since the Conquest have prescribed to our Kings ere they would accept of them for their Soveraignes of which I shall give you a short account Before the Conquest I read in King Edward the Confessors Lawes not onely the Office but Oath of the King of England whom he and Bracton oft stiles Gods and Christs Vicar upon earth thus excellently described A King ought above all things to feare God to love and observe his Commandements and cause them to be observed through his whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved such as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe Iustice and Iudgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King in his owne person to doe taking his Oath upon the Evangelists and the blessed Reliques of Saints swearing in the presence of the whole State of his Realme as well of the temporalty as of the spiritualty before he be Crowned of the Archbishops and Bishops Three servants the King ought to have under him as Vassals fleshly lust avarice and greedy desire whom if be keepe under as his servants and slaves he shall Reigne well and honourably in his kingdome He must doe all things with good advisement and preâ—â—e ditation and that properly belongeth to a King for hasty rashnesse bringeth all things to 〈◊〉 according to the saying of the Gospell Every kingdome divided in it selfe shall be brought to desolution Master Fox informes us that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes but the most part of them be omitted contrary to his Oath at his Coronation Indeed I finde not in William of Maâ—â—esbury Henry Huntingdon Matthew Paris or Westminster that William the Conquerour tooke this Oath at his Coronation but onely that he was received by the Clergie and people at London in great triumph AB OMNIBUS REX ACCLAMATUS and proclaimed King by them all and then Crowned but Roger de Hoveden and Daniel out of him are expresse in point that according to the accustomed forme the Bishops and Barons of the Realme tooke their Oathes to be his true and loyall Subjects and he reciprocally being required thereunto by Aldred Arch-bishop of Yorke who Crowned him made his personall Oath before the Altar of the Apostle Saint Peter in the presence of the Clergy and People That he would defend the holy Churches of God and the Rectors of the same Likewise that he would govern all the people Subject to him justly and with royall providence RECTAM LEGEM STATUERE ET TENERE which referres to future Lawes that he would establish and observe RIGHTEOUS LAWES and that he would utterly prohibit rapines and unjust judgements Nor did he claime any power by Conquest but as a regular Prince submitted himselfe to the Orders of the kingdome desirous to have his Testamentary title howsoever weake to make good his Succession rather than his Sword the flattery of the time onely giving him the Title of Conquerour afterwards but himselfe not claiming it But William soone after forgetting this his solemne Oath did as Speed with others write abrogate for the most part the ancient Lawes of the Land and introduce new hard Lawes of his owne written in the Norman tongue which the people understood not and the Iudges wrested at their pleasures to the forfeiture of Goods Lands Life Hereupon the Nobility and Natives seeking to cast off these snares and fetters of his Lawes set up Edgar Atheling for their King and Generall once again fell into a new conspiracy raising great forces resolving to make the sword their judge The King hereupon by Lanfrankes advise who as Rehoboams sages gave him counsell somewhat to beare with their abuses rather than hazard the ruine of all in fight appointed a meeting at Berkhamsteed Anno
1172. Where the King entring parley with the English Nobility did so farre winde himselfe into their good opinions that they all forthwith laid downe their weapons And he for his part fearing to lose the Crowne with shame which he had gotten with effusion of so much blood gave his Oath upon the holy Evangelists and the reliques of Saint Albane the Martyr the same being ministred to him by Abbot Fredericke swearing to observe and inviolably to keepe the ancient Lawes of this Land and most especially those compiled by King Edward the Confessor though as the event soone shewed he little meant to doe as he promised Peace thus established this conference ended and the Kings Oath received the English Armies disband themselves as dreaming they had now good fortune by the foote and hoping the greatest stormes of their dangers were past which presently proved but a vaine surmise For King William having compounded with the Danes began extreamely to hate the English Nobles and with full resolution of their destruction suddenly set upon them apart which hee durst not attempt when they were united so that slaying many imprisoning others and persecuting all of them with fire and sword well was he that could be first gone Such little faith or assurance is there in the solemne Oathes and Protestations of Kings to their Subjects which are seldome really performed and intended onely as snares to intrap them if they confide and rely upon them without any better security After the death of William the Conquerour William Rufus his younger sonne in the absence of Robert the elder Brother hastens into England to obtain the Crown and finding the greatest part of the Nobles against him he gave his solemne Oath and faith to Lanfranke Arch-bishop of Canterbury his Tutor that if they would make choise of him for their King he would abrogate the over-hard Lawes of his Father and promise to observe justice equity and mercy throughout the kingdome in every businesse and defend the Peace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions volentibus omnibus Provincialium animis by the voluntary consent and voyces of all he was chosen and Crowned King Which promise and Oath he soone after brake saying Who is it that can fulfill his promises Whereupon many of the Nobles levyed warre against him adopting Robert his elder Brother King William Rufus dying Henry the first his younger Brother in the life of Robert the right Heire assembling all the Clergy and people together to London to procure their favour and love to chuse him for their King and Patron He promised the Reformation of those Lawes by which England had beene oppressed in the Reignes of his Father and Brother To which the Clergy and Nobles answered That if hee would with a willing minde reforme those rigorous Lawes remit the Taxes imposed upon the Subjects and by his Charter confirme those ancient Lawes and Customes which flourished in the kingdome in the time of holy King Edward they would unanimously consent to him and consecrate him for their King Which he willingly assenting to and affirming with an Oath that he would performe he was by the assent both of Clergy and people consecrated King at Westminster promising by Oath to confirme King Edwards Lawes and renounce all oppression in pursuance whereof as soone as he was created he by his Charter confirmed and reformed divers Lawes for the ease and benefit of his Subjects recorded at large by Matthew Paris Speed and others The beginning of this Charter is observable Henry by the Grace of God of England c. Know ye that by the mercy of God and COMMON COUNSELL of the Barons of the Kingdome of England I am Crowned King And because the kingdome was oppressed with unjust exactions I out of respect to God and the love I beare towards you all make the Church of God free c. And all the evill customes wherewith the kingdome of England was unjustly oppressed I take from thence which evill customes I here in part set downe And in the end of his Charter he confirmed and restored to them King Edwards Lawes with those amendments of them which his Father made by the consent of his Barons After which those Lawes of his were published through all England and Ranulph Bishop of Durham banished the Court and committed to the Tower for his oppression bribery and other crimes Henry deceasing Maude the Empresse his right Heire to whom the Prelates and Nobles had sworne fealty in her Fathers life time was put by the Crowne by the Prelates and Barons who thought it basenesse for so many and great Peeres to be subject to a woman and that they were freed of their Oath by her marrying out of the Realme without their consents and Stephen Earle of Mortaine who had no good Title assembling the Bishops and Peeres at London promising to them an amendment of the Lawes according to all their pleasures and liking was by them all proclaimed King whereupon they all tooke their Oathes of Allegiance to him conditionally to obey him as their King so long as hee should preserve the Churches Liberties and keepe all Covenants and confirme them with his Charter according to the old Proverbe Quamdiu habebis me pro Senatore ego te pro Imperatore All this the King at his Coronation swore and promised to God the people and Church to performe And presently after going to Oxford he in pursuance of his Oath there sealed his fore-promised Charter of many indulgent favours the summe whereof was this That all Liberties Customes and Possessions granted to the Church should be firme and in force that all bad usages in the Land touching Forests exactions and annuall Taxes which his Ancestors usually received should be eternally abolished the ancient Lawes restored prefacing therein That he obtained the Crowne BY ELECTION ONELY Haec autem specialiter alia multa generaliter se servaturum juravit sed nihil horum quae Deo promiserat observavit write Matthew Paris Hoveden and Huntindon Pene omnia perperam mutavit quasi ad hoc tantum jurasset ut praevaricatorem Sacramenti se regno toti ostenderet saith Malmesbury Granting those immunities rather to blinde their eyes than with any purpose to manacle his owne hands with such parchment chaines Such faith is to be given to the solemnest Oathes of Kings But this his perjury was like to cost him his Crowne his Prelates and Peeres thereupon revolting unto Maude The form of King Henry the second his Oath I finde not onely I read that upon his Coronation he caused the Lawes to be reformed by advise of discreet men learned in the Law and by his Proclamation commanded that the good Lawes of his Grand-father Henry should be observed and firmely kept throughout the Realme Wherefore it is probable he tooke the same Oath that he did Richard the first succeeding at his Coronation
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
of the said Scaffold declared and related to all the people how that our Lord the King had taken the said Oath inquiring of THE SAME PEOPLE IF THEY WOULD CONSENT TO HAVE HIM THEIR KING AND LIEGE LORD Who with ONE ACCORD CONSENTED THERETO Which Thomas of Walsingham who relates the whole forme of this Kings Coronation thus describeth Quibus completis Archiepiscopus praecedente eo Marescallo Angliae Henrico Percy convertit se ad omnes plagas Ecclesiae INDICANS POPULO REGIUM JURAMENTUM quaerens SI SE TALI PRINCIPI AC RECTORI SUBJICERE ejus jussionibus obtemperare VELLENT ET RESONSUMESTA PLEBE resono clamore QUOD LUBENTER SIBI PARERE VELLENT Which custome both before and since hath been constantly in this Land observed at the Coronation of our Kings from all these I say it is apparent First that Popish Parliaments Peeres and Subjects have deemed the Crowne of England not meerely successive and hereditary though it hath usually gone by descent but arbitrary and elective when they saw cause many of our Kings comming to the Crowne without just hereditary Title by the Kingdomes Peeres and people free election onely confirmed by subsequent Acts of Parliament which was then reputed a sufficient Right and Title by vertue whereof they then reigned and were obeyed as lawfull Kings and were then and yet so acknowledged to be their right by Election of their Subjects the footsteps whereof doe yet continue in the solemne demanding of the peoples consents at our Kings Inaugurations being seldome or never adjudged an illegall usurpation in any Parliaments whence the statute of 1 E. 4. c. 1. 9 E. 4. f. 2 declares King Henry the 4. 5. and 6. to be successively Kings of England indeed and not of right yet not usurpers because they came in by Parliament Onely Richard the third who treacherously murthered Edward the 5. his Soveraigne and violently usurped his Crowne at first before any Parliament gave it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaughter in Bosworth field was declared an usurper by Act of Parliament 1 Hen. 7. c. 6. and so adjudged to be by 8 H. 7. f. 1. see 1 E. 4. c. 1 c. 9 E. 4. f. 1 2. and Henry the 7. had the Crown set upon his head in the field by my Lord Stanly as though saith Grafton he had been elected king by the voyce of the people as in ancient times past in divers Realmes it hath been accustomed Secondly that those Kings who have enjoyed the Crown by succession descent or election have still taken it upon the conditions and covenants contained in their Coronation Oathes which if they refused to sweare to the Peeres and people really and bona fide to performe they were not then to be crowned or received as Kings but adjured in the name of God to renounce this dignity And though in point of Law those who enjoy the Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent Conditions both contained in their Coronation Oathes which impose no new but onely ratifie the old conditions in separably annexed to the Crown by the Common Law ever since Edward the Confessors daies and long before as Father Littleton resolves the Office of a King being an Office of the greatest trust of any other which the Common Law binds the King well and lawfully to discharge to doe that which to such Office belongeth to doe as the Oathes of all our Kings to their people really to performe these Articles and Conditions fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the Kings pleasure to take or refuse them if he will but necessary and inevitable by the Law and constant usage of the Realm yea of all Christian most Pagan Realms whatsoever which prescribe like Oathes to their Kings From aâ—l which I may firmely conclude that the whole kingdome and Parliament are the Supreame Soveraigne Authority and Paramount the king because they may lawfully and dâ—e usually prescribe such conditions termes and rules of governing the people to him and bind him thus by Oath faithfully to perform the same as long as he shall continue King which Oath our Kings usually tooke or at least faithfully promised to take to their Subjects in ancient times before ever they did or would take an Oath of fealty homage or Allegiance to them as the premises evidence Claus. Rot. 1 R. 2. M. 44. Tenthly Our Parliaments and Kingdome anciently in times of popery and Paganisme have both challenged and exercised a Supreame power over the Crowne of England it selfe to transferre it from the right heire and setle it on whom themselves thought meete to elect for their King and likewise to call their Kings to an account for their mis-government and breach of Oath to the prejudice of their people so farre as to article against them and either by force of Armes or a judiciall sentence in Parliament actually to depose them and set up others in the Throne as the fore-cited presidents of Archigallo Emerian two ancient Brittish Kings of Edwin king of Mercia and others deprived of all honour and kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression Male-administration vicious lives and others elected and made kings in their places evidence which Acts of theirs they then reputed just and legall I shall cite you onely two presidents of this kind which have meere relation to Parliaments The first is that of King Edward the second who being taken prisoner by his Queen Sonne Nobles for his male-administration the Queen with her sonne by the advice of her Councell summoned an high Court of Parliament at Westminster in the Kings name which began the 16 day of January An. 1325. In which assembly it was declared that this Realm could not continue without an head and governour and therefore first they agreed to draw into Articles the Mis-government of the king that was in prison and all his evill doings which he had done by evill and naughty Counsell And when the said Articles were read and made knowne to all the Lords Nobles and Commons of the Realme they then consulted how the Realme should be governed from thenceforth And after good deliberation and consultation of the foresaid Articles of the Kings evill government they concluded THAT SUCH A MAN WAS NOT WORTHY TO BE A KING NOR TO WE ARE A CROWNE ROYALL And therefore they all agreed that Edward his eldest sonne who was there present and was rightfull heire should be crowned King in stead of his Father SO THAT HE WOULD TAKE ABOUT HIM SAGE TRUE AND GOOD COUNCELL and that from thenceforth the Realm might be better governed then before it had been And it was also agreed that the old king his father should be well and honestly kept as long as he lived according
of Saint Michael in the yeere of our Lord God 1389. and the 23. yeere of King Richard the second witnesseth that where by the Authority of the Lords Spirituall and Temporall of this present Parliament and Commons of the same the right honourable and discreet persons hereunder named were by the said Authority assigned to goe unto the Tower of London there to heare and testifie such Questions and Answers as then and there should be by the said honourable and discreet persons heard Know all men to whom these present Letters shall come That we Sir Richard Scroop Archbishop of York Iohn Bishop of Hereford Henry Earle of Northamberland Ralfe Earle of Westmerland Thomas Lord of Barkly William Abbot of Westminster Iohn Prior of Canterbury William Thirning and Hugh Burnell Knights and Iohn Markham Justice Thomas Stowe and Iohn Burbage Doctors of the Law civill Thomas Fereby and Denis Lopham Notaries publike the day and yeer abovesaid betweene the houres of eight and nine of the clock before noone were present in the chiefe Chamber of the Kings lodging within the said place of the Tower where was rehearsed to the King by the mouth of the foresaid E. of Northumb. that before time at Conway in north Wales the King being there at his pleasure and liberty promised unto the Archbishop of Canterbury then Thomas Arundell and unto the said Earle of Northumberland that for insufficiency which he knew himselfe to be of to occupie so great a charge as to governe this Realm of England he would gladly leave off and renounce the right and title as well of that as of his title to the Crowne of France and his Majestie unto Henry Duke of Hertford and that to doe in such convenient wise as by the learned men of this Landit should most sufficiently be by them devised and ordained To the which rehearsall the King in our said presences answered benignly and said That such promise he made and so to the same he was at that houre in full purpose to perform and fulfill saving that he desired first to have personall speech with the said Duke and with the Archbishop of Canterbury his Couzens And furthermore he desired to have a Bill drawn of the said Resignation that he might be made perfect in the rehearsall thereof After which Copy by me the said Earle delivered we the said Lords and others departed And upon the same afternoone the King desired much of the comming of the Duke of Lancaster at the last the said Duke with the Archbishop of Canterbury entred the foresaid Chamber bringing with them the Lord Ros the Lord Burgeiney the Lord Willoughbie with divers others where after due obeysance done by them unto the King he familiarly and with a glad countenance to us appearing talked with the said Archbishop and Duke a good season And that Communication finished the King with a glad countenance in presence oâ— us and the other above rehearsed said openly That he was ready to renounce and resigne all his Kingly Majestie in manner and forme as he before seasons had promised And although he had and might sufficiently have declared his renouncement by the reading of another meane person yet he for the more surety of the matter and for the said resignation should have his full force and strength he therefore read the Scroll of resignation himselfe in manner and forme as followeth In the Name of God Amen I Richard by the grace of God King of England and of France and Lord of Ireland acquit and assoile all Archbishops Bishops and other Prelates secular or religious of what dignity degree state or condition that they be of and also all Dukes Marquesses Earles Barons Lords and all mine other liege men both spirituall and secular of what manner of name or degree they be from their Oath of fealty and homage and all other Deeds and Priviledges made unto me and from all manner of Bonds of Allegeance and Regality or Lordship in the which they were or be bound to me or in any otherwise constrained and them their heires and successours for evermore from the same Bonds and Oaths I release deliver acquit and let them for ever be free dissolved and acquit and to be harmlesse for so much as belongeth to my person by any manner way or title of right that to me might follow of the foresaid things or any of them And also I resigne all my Kingly Dignity Majesty and Crowne with all the Lordships Power and Priviledges to the foresaid Kingly Dignity and Crown belonging and all other Lordships and Possessions to me in any manner of wise pertaining what name or condition they be of out take the Lands and Possessions for me and mine obite purchased and bought And I renounce all right and colour of right and all manner of title of possession and Lordship which I ever had or have in the same Lordships and possessions or any of them or to them with any manner of rights belonging or appertaining unto any part of them And also the rule and governance of the same Kingdome and Lordships with all ministrations of the same and all things and every of them that so the whole Empire and Iurisdictions of the same belongeth of right or in any wise may belong And also I renounce the name worship and râ—gality and kingly highnesse cleerly freely singularly and wholly in the most best manner and forme that I may and with deed and word I leave off and resigne them and go from them for evermore saving alway to my successors Kings of England all the Rights Priviledges and appurtenances to the said Kingdome and Lordships abovesaid belonging and appertaining For well I wote and acknowledge and deem my selfe to be and have bin unsufficient and unable and also unprofitable and for mine open deserts not unworthy to be put down And I sweare upon the holy Evangelists here presently with my hands touched that I shall never repugne to this resignation dimission or yeelding up nor never impugne them in any manner by word or by deed by my selfe nor by none other nor I shall not suffer it to be impugned in as much as in me is privily nor apart but I shall have hold and keep this renouncing dimission and leaving up for firme and stable for evermore in all and in every part thereof so God me helpe and all Saints and by this holy Evangelist by me bodily touched and kissed And for more record of the same here openly I subscribe and signe this present Resignation with mine owne hand And forthwith in our presences and other subscribed the same and after delivered it to the Archbishop of Canterbury saying That if it were in his power or at his assignment he would that the Duke of Lancaster there present should be Successour and King after him And in token thereof he took a Ring of gold from his finger being his Signet and put it upon the said Dukes finger desiring and requiring the Archbishop
irregularities I make no question that they would have joyntly answered as I doubt not but our Parliaments Kingdomes and all other Nations were they at this day to institute their preerected Principalities and Kings would answer to that they had never any imagination to erect such an absolute eternall unlimited uncontrollable irresistable Monarchy and plaine tyranny over them and that they ever intended to reserve the absolute originall Soveraigne Jurisdiction in themselves as their native hereditary priviledge which they never meant to divest themselves of that so by means thereof if their Princes should degenerate into Tyrants they might have a just authority power and remedy residing in them whereby to preserve themselves the Nation Kingdome from utter desolation ruine and vassalage An impregnable evidence that the whole Kingdom and Parliament representing it are the most Soveraign power and above the King himselfe because having the supream Jurisdiction in them at first they never totally transferred it to our Kings but reserved it in themselves which is likewise further confirmed by that notable passage of Philocheus Archilacus in his Somnium Viridarii c. 171. Royall power is instituted three manner of wayes First by the will and pleasure of the people because every people wanting a King of their own not being subject to the Emperour or some other King MAY BY THE LAW OF NATIONS MAKE THEMSELUES A KING 94. Dist. c. Legitima If a Royall Principality be thus instituted as it is in the proper pleasure and power of the people to ordaine that the King shall be either Successive of Elective so it is in their pleasure to ordaine That Kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation or any other solemnity or that they shall receive this power onely by their Coronation or any other solemnity about him Thereason whereof is Because as every one in the delivery of the gift of his owne goods may impose what covenant or condition he pleaseth and every man is moderator and disposer of his owne estate so in the voluntary institution of a King and Royall Power IT IS LAWFULL FOR THE PEOPLE SUBMITTING THEMSELUES TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE so as it be not unreasonable and unjust and directly against the rights of a Superiour Therefore lawfull to reserve â—he Soveraigne Power in and to themselves and not to transfer it wholly to their Kings 14 There is one cleare Demonstration yet remaining to prove the supreme power of Parliaments above Kings themselves which is this That the Parliament is the highest Court and power to which all Appealâ—s are finally to be made from all other Courts and Iudges whatsoever yea from the Kings own personall resolution in or out of any other his Courts and such a transcendent â— ribunall from whence there is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous Judgement be given in the Kings Bench Exchequer-Chamber Chancery Court of Wards or any other Court within the Realm or in the Parliament in Ireland it is finally to be reversed or determined in Parliament by a Writ of Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Dâ—legates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediable in this high Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any Judgement it is not so obligatory or finall but that the party against whom Judgement is pronounced may appeale to the Parliament for reliefe as Seneca epist. 100. out of Tully de Repub. Fenestella Hugo Grotius de jure Belli l. 1. c. 4. s. 20. p. 65. record that among the Romanes in certain causes they might appeale from the King to the people But if the Parliament give any Judgement There can be no appeale to any higher Tribunall Court or person no not to the King but onely to the next or some other Parliament as is evident by experience by all Attainders of Treaâ—on by or in Parliament by all inconvenient and unjust Acts passed in Parliament which concerne either King or Subject which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter from the King but onely by an act of repeale or restitution in another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to whom the last appeale is to be made is the Supreamâ—st power as the Kings Bench is above the Common Pleas the Eschequer Chamber above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finalâ— Judges of it Not to give you any instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our King Iohn condemned to death by a Parliament in France by French Peers for slaying his Nephew Arthur treacherously with his own hands and likewise to lose the crown of England or bow Henry the third K. Edward the first and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip. Nor yet to mention how the Parliaments and generall assembly of the estates of France have
frequently disposed of the Crowne of that Kingdome determined the controversies of the right and titles pretended to it and elected Protectors or Regents of the Realme during their Kings minorities or distractions of which I shall cite divers precedents in the Appendix to which I shall referre you Nor yet to trouble you with Spanish Precedents of this nature where the severall claimes and titles of the pretenders to the Crownes have beene oft referred to debated in and finally resolved by their Parliaments and generall assemblies of the States the proper Iudges of such controversies as Ioannes Mariana Euardus Nonius and other Spanish writers determined as Philip the second the 18. King of Portugall his title to that Crowne and his competitors together with the rights and claimes of Alfonso the 1. 3. 5. Iohn the 1. Emanuel and other Kings of Portugall and their Corivals were solemnly debated and determined in the assembly of the States of that Realme and of divers Kings and Queenes of Arragon Castile Navarre A pregnant argument that their assemblies of States are the soveraigne Tribunall since they have power and right to determine and settle the descent right and succession of the Crowne betweene those who pretend titles thereunto I shall confine my selfe to domesticke precedents Not to repeate the forementioned precedents how the Lords and commons when the Title to the Crowne hath been in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by competitors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the Kingdome Lords and Commons then disposed of the Crowne in cases of minority want of Heires misgovernment and controversies about the Title to the Crowne Canutus after the death of King Edmund Anno 1017. clayming the whole Realme against Edmunds Brethren and Sonnes referred his Title upon the agreement made betweene Edmund and him for this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of fealty to him Offering to defend his right with their swords against all others claimes After his decease the Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxford who gave their voyces to Harold there present and presently proclaymed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harold◠death enacted by Parliament That none of the Danish blood should any more Reigne over them was elected King and declared right Heire to the Crowne Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to succeed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to her As much as in them lay after King Henries death if hee died without issue male to establish her Queene of the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill wars to the devastation of the Realme King Stephen and Henry the Sonne of Maude came to a Treaty at Wallingford where by the advise of the Lords they made this accord That Stephen if he would should peaceably hold the kingdome during his life and that Henry should be his adopted Sonne and Successor enjoy the Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should sweare that Henry after the Kings death if he survived him should possesse the Kingdome without any contradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parliament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the kingdome In the 8. and 25. of E. 3. there was a doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should inherit lands in England The King to cleare all doubts and ambiguities in this case and to have the Law herein reduced to certainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliament in the 25. yeare of his Raigne to deliberate of this point who with one assent resolved That the Law of the Realme of England is and alwayes hath beene such that the children of the Kings of England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a speciall Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a Parliament 1◠E. 3. this Kings eldest sonne was created Duke of Cornewall by Parliament which then also entailed the Dutchy of Cornewall upon the eldest sonnes 〈…〉 of England So 21. R. 2. c. 9. the Principality of Chester 〈…〉 on the Prince by Act of Parliament King Henry the 〈…〉 the inheritance of the Crownes and 〈…〉 his posterity caused them by a speciall 〈…〉 his raigne to be entailed and setled on 〈…〉 and Prince Henry his eldest sonne to be established 〈…〉 heire apparant to him and to succeed him in the said 〈◊〉 and Realmes to have them with their appurtenances after the Kings death to him and the heire◠of his body begotten And if hee should die without heire of his body begotten 〈…〉 remaine to the Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lord Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for the avoyding of all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and be plenteously served of all things necessary both for viande and apparell and if any persons should presume to reare warre or congregate a multitude to deliver him out of prison that then he should be the first that should die for that seditious commotion Which King Richard as Sir Iohn Bagot
great trust and confidence his loving Subjects had in him in putting in his hands wholly the Order and Declaration of the Succession of this Realme by his Letters Patents under his Seale or his last will in writing signed with his hand for lacke of issue lawfully begotten of his body to give limit assigne appoint or dispose the imperiall Crowne of the Realme to what person or persons and for such estate in the same and under such conditions as it should please his Majesty The Parliament therein promising by one common assent to accept take love dread and obey as their Legall Governours and Supreame heads such person or persons onely as the King by authority of those Acts should give the Crowne unto and wholly to sticke to them as true faithfull Subjects Provided that if any of his Children or Heires afterward did usurpe one upon the other in the Crowne of this Realme or claime or challenge the said imperiall Crowne otherwise or in any other course forme degree or condition then the same should be given disposed or limited unto them by the King by vertue of those Acts. Or if any person or persons to whom it should please the King by authority of those Acts to dispose the said Crowne and Dignity of this Realme or the Heires of any of them should at any time hereafter demand challenge or claime the Crowne of this Realme otherwise or in any other course forme degree or condition then the same should be given disposed and limited unto them by the King by vertue and authority of these Acts That then all and singular offenders in any of the premises contrary to these Acts and all their Abettors Maintainers Factours Counsellours and Aiders therein shall bee deemed and adjudged HIGH TRAYTORS TO THE REALME and that every such offence shall be accepted reputed and taken TO BE HIGH TREASON and the offenders therein their ayders c. for every such offence shall suffer such judgement paines of death losses and forfeitures of Lands Goods and Priviledges of sanctuary as in any â—ases of high Treason And over that as well THE KINGS SAID HEIRES AND CHILDREN as EVERY SUCH PERSON PERSONS TO WHOM THE CROWNE SHOULD BE LIMITED AS AFORESAID and every of their Heires for every such offence above specified by them to be committed SHALL LOSE AND FORFEITE AS WELL ALL SUCH RIGHT TITLE AND INTEREST THAT THEY MAY CLAIME OR CHALLENGE IN OR TO THE CROWNE OF THIS REALME AS HEIRES BY DESCENT OR BY REASON OF ANY GIFT OR ACT DONE BY THE KING for his or their advancement by authority of those Acts or by any manner of meanes or pretence whatsoever And the Statute of 35 H. 8. c. 1. which entailed the Crowne upon Queene Mary after Edward the sixt his decease without issue 〈◊〉 this proviso That if thâ— said Lady Mary doe not keepe and performe such conditions as King Henry by 〈◊〉 Patents or last Will in writing 〈…〉 estate in the Imperiall Crowne 〈…〉 Imperiall Crowne shall be and come to the 〈…〉 lawfully begotten in such like manner and forme as 〈…〉 Mary were then dead without any Heires of her body begotten any thing in this Act contained to the contrary notwithstanding And the like provis there is for Queene Elizabeth That if she performe not the like conditions limited as aforesaid to her estate in the Crowne That then the said Imperiall Crowne shall be and come to such person or persons as the King by his Letters patents or last Will shall appoint By all which Acts worthy reading and consideration the Parliaments Supreame power of setling and disposing the descent and inheritance of the Crowne and giving Authority even to the King himselfe to dispose of it upon condition on paine of forfeiture as aforesaid which the King alone had no power at all to doe will easily appeare to the most malignant Spirits In the first Parliament of our late King Iames the first Bill then passed was an acknowledgement and confirmation of his immediate lawfull and undoubted succession and right to the Crowne of England as the next and onely Heire of the blood Royall to whom of right it descended which Dolman the Priest and some Jesuites opposed in Printed seditious Bookes So the Articles of Qu. Maries marriage with K. Philip were appointed and ratified by Parliament And the Imperiall Ecclesiasticall Jurisdiction usurped by the Pope and Prelates hath likewise by sundry Statutes beene restored and united to the Crowne and the Title of Supreame head and Supreame Governour in all causes and over all persons Spirituall Ecclesiasticall and Temporall setled upon our Kings and Queenes Who during their minorities have had Guardians and Protectors appointed to them by Parliament to summon Parliaments assent to Bills and execute all Royall Jurisdiction in their names and steads And as the Title and Right to the Crowne of England and the Jurisdiction thereof hath thus from time to time beene decided and setled in and by our Parliaments so hath the Title and jurisdiction of the Crowne of Scotland beene frequently discussed and setled in our Parliaments upon appeales made to them by the Kings of Scotland and their Corrivals to that Crowne Witnesse the famous case and competition for that Crowne long agitated and resolved in Parliament betweene the King of Norway Bailiol and Bruce to omit others in the Reigne of King Edward the first And this King Edwards Title to the Crowne of Scotland declared and resolved by our Parliament here All which are Recorded at large by Thomas Walsingham and Matthew Westminster in the life of King Edward the first and in the Parliament Rolls and Pleas of his Reigne with sundry other instances of this nature frequent in our Historians which for brevity I pretermit It is a cleare case without dispute that if the King should dye without any Heire the Crowne would escheate to the whole Kingdome and Parliament who might dispose of it in such a case to what person they pleased or quite change that forme of Government if they saw good cause no particular kinde of rule being so simply necessary by any divine Right or Law to any State or Kingdome but that as it was at first instituted so it may in such a case be changed by the whole Kingdomes generall consent upon sufficient grounds This appeares by the case of Charles the Grosse who being deposed from the Empire and his Kingdomes for a mad man and dying without any Heire the Kingdomes which before were subject to him Destitute of a right Heire began to fall in sunder on every side and to chuse Kings of themselves of another Family France elected Charles a childe sirnamed Simple for their King and after his simplicity displeased them they Crowned Otho Sonne of Robert Duke of Saxony in his place At the same time the people of Italy meaning to have a King of 〈…〉 not agree on the matter but some chose Beringarius 〈…〉 Kings in
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
the Iudges or Iustices of either Bench Eyer Assize or Oyer and Terminer being in their places doing their Offices though by the Kings command as is clear by 25 E. 3. c. 2. and all our Law Books then much more must it be high Treason against the King and Kingdom to warre against the highest Court of Parliament or slay any Member of it for doing their Offices and executing the Houses just Commands If bare mis-Councelling the King to the prejudice of the Kingdom hath so frequently been adjudged high Treason against the King and Realm in severall Parliaments as appears by the forecited Histories of Gaveston the two Spensers Alexander Nevill De la Pole Trysilian and others then what is it to miscouâ—cell and assist him to make an offensive War against his Parliament Kingdom people for to ruine them certainly this must be high Treason against King and Realm in the superlative degree If the Parliament and Kingdom be destroyed or their hearts blood shed their vitall spirits let out by an unnaturall War against them the King himself at least in his royall Capacity as King and his royall posterity too must necessarily be unkinged and overwhelmed in their ruines but if the Kingdom stand and flourish for whose Peace and safety Kings themselves ought not onely to lay down their Crowns but lives as Christ the King of Kings hath resolved and the High Priest too though the King should die or perish as all Kings ever were and will be mortall yet their posterity may enjoy the Crown and reign in honour in prosperity after their death which they cannot do if the Kingdom perish Therefore all those Malignants Papists Delinquents and others who have most unnaturally taken up arms against the Parliament and Kingdom to dissolve and ruine them though by the Kings own illegall Commission or Command are not onely Arch-traytors to the Parliament and Realm alone but likewise to the King himself and his Posterity too in the very judgement of Law whose blood is shed whose Crown and Royalty subverted ruined in the bloodshâ—d ruine destruction of his Parliament Kingdom people As it is in the naturall so likewise in the politicâ— Body a mortall wound in any part of the body kills both body and head the body naturall or politicke cannot die or miscarry but the head must do so likewise therefore this War against the Parliament and Kingdom must in point of Law and Conscience too be a War against the King himself the chief politick head and member of them both from which he cannot legally be severed and high Treason at least against them both as the Parliament the sole Judge of Treasons hath resolved long since in their Declaration of August 18. 1642. in thâ—se positive words The Lords and Commons do declare That all such persons as shall upon any pretence whatsoever assist his Majesty in this war with Horse Arms Plate or Money ARE TRAYTORS TO HIS MAJESTIE THE PARLIAMENT AND THE KINGDOM and shall be brought to condigne punishment for so high an offence which they have since seconded in sundry other Declarations and Impeachments In brief the Gunpowder plot in 3. Iacobi to blow up the Parliament House was then adjudged resolved by the Parliament King and Judges to be high Treason not onely against the King but Parliament and Kingdom too and to blow up or assault the Parliament now in the Kings absence is questionlesse High Treason both against the King Parliament and Kingdom Yea the Statute of 28. H. 8. c. 7. declares those who shall claim the Crown even of right in any oeher manner then is limited by vertue and authority of that Act after the Kings death with all their Counsellors and abettors to be deemed and adjudged HIGH TRAITOURS TO THE REALM not the King and such their offence to be reputed HIGH TREASON and they for it to suffer such pains of death and forfeiture of Lands and Goods as in any cases of high Treason is used onely because it might in common probability ingender a Civil war and Dissentions in the Kingdom to be destruction of the people and their posterities much more then must it be high Treason against the Realm and those High Traitours who now actually wage War against the Parliament the Kingdom and destroy the Subjects and their estates in divers places which they have burned sacked ruined I read in Fabian that Eguiran chief Councellour to Philip the third of France was judged to death and hanged on the Gibbet at Paris for Treason against King Philip and the REALM OF FRANCE as our Powder Traitors were executed for high Treason against the King and Realm of England of late and Gaveston with the Spensers heretofore By the Stat. of 1 E. 3. c. 1. 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Stat. 2. c. 6. 1. Mariae c. 6. certain offences are declared and made high Treason and the committers of them Traitours and enemies not onely to and against the King but likewise TO AND AGAINST THE REALM and in particular the illegall indicting of some Lords to destroy them as guilty of high Treason for procuring a Commission in Parliament supposed prejudiciall to the King and his Crown in 10 R. 2. c. 1. and the opposing and annulling of that Commission and of some Processe Iudgements Executions made given and affirmed in some of these Parliaments raising forces and leavying war against the Parliament and Members of it to destroy them were then adjudged high Treason both against the King and THE REALM though done by the Kings expresse Commission and command The reason is because the King himselfe and the whole Realm in judgement of Law are ever legally present in and with his Parliament when they sit as I have already proved where ever the Kings person is and his royall legall will of which alone the Law takes notice is ever presumed to concur with his greatest Councâ—ll the Parliament against whose Priviledges safety and protection he neither can nor ought by Law or right to attempt any thing and if any personall Commands or Commissions of the King under his great Seal to do ought against Magna Charta the Subjâ—cts libertyâ— safety property the Parliaments Priviledges the Common or Statute Laws of the Realm all which together with the Kings Coronation Oath and the Prologues of most old Parliaments expresly prohibit the levying of war killing wounding murthering imprisoning disinheriting robbing or plundering of the Subjects without legall triall or conviction as do the Statutes of 2 R 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers especially the Welchmen issue out to any person or persons whatsoever especially to raise forces or levie war against the Parliament or Subjects they are meerly void in Law and will rather aggravate then extenuate the guilt
before till these blacke clouds were dissipated Which his Majesty refusing to grant in so ample manner as was thought meete for their security by a Vote of both Houses when they were full the Militia was committed to divers Noble Lords and others many of whom have since laid downe their Commissions which they at first accepted from the Houses and instead thereof beene active instruments in executing the Commission of Array issued out by his Majesty in direct opposition to the Militia which the Houses by two severall Declarations have since Voted and manifested To be against the Law and Liberty of the Subjects And to prevent the arrivals of Foraine Forces and a civill warre in the bowâ—ls of the kingdom they first put the Tower of London by the Kings consent into a confiding hand trusted by either party then they secured Hull and the Magazine there after this when they were informed his Majesty had seised Newcastle and was raising an Army they possessed themselves of the Navy Portsmouth with other Ports and Forts and sequestred his Revenues the Nerves with which he should support this unnaturall civill warre which by degrees hath now overspread the whole kingdome and threatens inevitable desolation to it if not speedily determined by an honourable safe Accommodation This being the true State and progresse of the Militia the sole question will be Whether all the former circumstances of danger his Majesties refusall to settle the Militia Ports c. by an act in such trusty hands as both King and Parliament might confide in the Parliament by an Ordinance of both Houses onely without the King refusing to joyne with them and wilfully absenting himselfe from the Parliament might not in this case of necessity and extremity for their owne and the kingdomes safety lawfully settle and seise the premises for the present as they have done and whether this be a just ground for the King to begin or continue a desperate civill warre against his Subjects For my part I shall not undertake to justifie all passages on either side in the managing of this businesse it may be there have beene errors at least in both parties which to reconcile as neere as possible I shall premise such propositions on either hand as Neither can in justice deny On the Kings part it is irrefragable First That the Kings of England yea generally all Kings where ever have usually enjoyed the chiefe Ministeriall Ordering of the Militia in such sort as it hath beene setled by their Parliaments for the defence of the kingdome by Land and Sea against Foraine Enemies A Truth acknowledged not onely by Judge Crooke and Hutton in their Arguments against Ship-money but by the Parliament it selfe in their two Declarations against the Commission of Array the Scripture it selfe in sundry places together with Aristotle Polybius Cicero Iacobus Valdesius the Histories of all kingdomes attesting that the originall cause of erecting Kings was and one principall part of their Royall Office is to be their Kingdomes Generals in their Warres and fight their Battailes for them the Kings of Sparta and others yea the ancient Roman Emperours being nothing but their Generalls to manage their Warres and oft elected Emperours by the Roman Legions for their skill in Martiall affaires Secondly That it is not onely expedient but in some respects necessary that this chiefe ministeriall command of the Militia Forts and Navy should constantly continue in the Crowne unlesse it be in some speciall cases as when the King is an Infant or unable or unwilling to discharge this trust or intends to imploy this power against his Subjects to infringe their Liberties and erect a Tyranny instead of a Royalty over them And that it is not meete nor honourable to deprive his Majesty of this part of his Soveraignty as long as he shall faithfully discharge his trust herein but onely to recommend unto him such persons of trust and quality to manage the Militia Forts and Navy under him in these times of war and danger in whose fidelity the Parliament and whole kingdome may confide and so be freed from their just jealousies feares and dangers Thus farre the Houses have already condescended and upon these indifferent termes as they conceive them have oft profered to resigne up all the Ports Forts Ships Magazines and Ammunition they have seised on into his Majesties hands they never desiring nor intending to devest him of this his Soveraigne power over them On the Parliaments part it must necessarily be granted to them by the King First That the whole power which either his Majesty hath or claimes or his Predecessors enjoyed over the Militia Forts Navy Ammunition Revenues of the Crown was originally derived and granted to his Ancestors by the Parliaments and kingdomes free consents And that onely upon trust and confidence for their protâ—ction benefit security as the premises abundantly evidence Secondly that the King hath no other power over the Militia to Array Arme or Muster his Subjects in any case then onely in such manner as the Parliament by speciall Acts hath prescribed as Sir Edward Cooke in his Institutes on Magna Charta f. 528. 529. this Parliament in the two Declarations against the Commission of Array and Judge Crooke and Hutton in their Arguments against Ship-money have largely proved Thirdly That in ancient times in and before Edward the Confessors dayes and since the Heretoches or Lord Lieutenants of every Province and Country who had the chiefe power of the Militia and commanded them as their Generals in the Warres were elected by the Common Councell of the kingdome the Parliament throughout all Provinces of the Realme and in every County by the Freeholders in a full Folkmote or County Court as appeares by the expresse words of King Edwards owne Lawes Recorded in Mr. Lambard Recited and affirmed by Sir Edward Cooke in his Institutes on Magna Charta f. 174 175. Fourthly That the Sheriffe of every County who both then had and now hath full power to raise the Militia and Forces of the County upon any occasion to apprehend Delinquents execute Proces of the Law suppresse Riots and preserve the peace of the County were not elected by the King but by the Free-holders of each County as the Conservators of the Peace and all great Officers of trust then were and the Coroners Foresters and other Officers then and yet are elected by the Free-holders as well as Knights Citizens and Burgesses of Parliament even at this very day This is evident by the expresse words of King Edward the Confessors Lawes Cap. de Heretochiis Recorded by Mr. Lambard Archaion p. 135. and Sir Edward Cooke attesting that the Sheriffes of every County were chosen by the Freeholders in the County Court And by the Articles of deprivation against Richard the second charging this upon him as an illegall encroachment That he put out divers Sheriffes lawfully ELECTED to wit
by the Free-holders and put in their roomes divers of his owne Minions subverting the Law contrary to his Oath and honour In the yeare 1261. The Barons by vertue of an Ordinance of Parliament made at Oxford in the 45 yeare of Henry the third admitted and made Sheriffes of divers Counties in England and named them Guardians and Keepers of those Counties and discharged them whom the King had before admitted After which great tumults and seditions arose throughout the Counties of England about the Sheriffes for the King making new Sheriffes in every County and removing with regall indignation those to whom the custody of the Counties was committed by the Barons and Commons of the Land the Inhabitants of the Counties animated with the assâ—stance and ayded with the Counsell of some great men of the Realme by whom they were instructed with great sagacity Novos râ—pulere viriliter Vicecomites manfully repulsed the new Sheriffes Neither would they answer regard or obey them in any thing Whereat the King being grievously troubled in mind to gaine the peoples devotion fidelity directed his Letters to all the Inhabitants of the several Counties of England moving to piety tending to regaine the Subjects love Wherupon great discord increased betweene the King and his Barons who comming to London with great forces the King finding himselfe too weak ended the matter for the present with a fained Accommodation which soone after was infringed by him and so Conquievit tandem per internuncios ipsa perturbatio SUB SPE PACIS reformandae sine strepitâ—â— guerrae quorundum Procerum ad hoc electorum considerationibus parte utraque concorditer inclinata Sicque Baronum omnis labor atque omne studium praecogitatum diu QUORUNDAM ut putabatur ASTUTIA INTERMIXTA cassatum est ad hoc tempus emarcuit quia semper nocuit differre paratis writes Matthew Westminster Notwithstanding these contests the people still enjoyed the right of electin Sheriffes which is evident by the Statute of Articuli super Chartas in the 28. yeare of King Edward the first c. 8. The King granteth to the people not by way of grace but of Right that they shall have election of their Sheriffe IN EVERY SHIRE where the Shrevalty is not of Fee IF THEY LIST and chap. 13. For as much as the King hath granted the election of the Sheriffes to the COMMONS of the Shire the King will that THEY SHALL CHUSE such Sheriffes that shall not charge them c. And Sir Edward Cooke in his Commentary on Magna Charta f. 174 175. 558 559. 566. proves at large the right of electing Sheriffes to be antiently of late and at this day in many places in the Free-holders and people as in London York Bristoll Glocester Norwich in all great Cities which are Counties and in Middlesex Seeing then the Parliament and Free-holders in antient times had a just right to elect their Generals Captaines Sheriffes who had the sole power of the Militia and Counties in their hands next under the King himselfe and there is no negative Law in being that I can find to exclude them from this power I humbly conceive that their setling the Militia by an Ordinance of Both Houses and electing of Commanders Lieutenants Captaines in each County to execute it and defend the Counties from plundering and destruction without his Majesties consent especially after his refusall to settle it by an Act can be no incroachment at all upon his Prerogative Royall but only a reviving and exercising of the old undoubted rightfull power enjoyed by their Predecessors now necessary to be resumed by them in these times of feare and danger for the kingdomes safety Fifthly The Mayors Bayliffes Sheriffes chiefe Officers of Cities and Townes corporate throughoutâ— the Realme who under the King have the principall command of those Cities Townes Ports and in many places of the Militia and Trained Bands within them are alwayes chosen by the Corporations and Freemen not the King without any derogation to or usurpation on his Prerogative Why then may not those Corporations yea each County too by the like reason and the Parliament which represents them and the whole kingdome without any prejudice or dishonour to his Majesties Authority by an Ordinance of both Houses of Parliament without the King dispose of the Militia and these Military Officers for the defence of those Corporations and the Realme too now in times of such apparent danger Sixthly all Military affaires of the kingdome heretofore have usually even of right for their originall determining counselling ann disposing part 〈◊〉 Ordered by the Parliament the executive or ministeriall part onely by the King and so hath beene the use in most other kingdomes To instance in particulars First the denouncing of warre against Foraine enemies hath beene usually concluded and resolved on by the Parliament before it was proclaimed by the King as our Records of Parliament and Histories of warres in the Holy-Land Frâ—â—ce Scotland Ireland abundantly evidence King Henry the fifth by the advise of his Prelates Lords and Commons in Parliament and at their encitement twice denounced and undertooke his victorious warre against France to which Crowne he then laid claime for which end they granted him Subsidies King Edward the 1. in the 21 yeare of his Reigne calling a Parliament at London de Concilio Praelatorum Procerum c. by the advise of his Prelates Lords and Parliament denounced war against the King of France to recover his right and lands there seised Which to effect both the Clergy and Laity granted him large Subsidies In the fifth yeare of King Edward the third the warre against Scotland was concluded and resolved on in and by the Parliament all the Nobles and Commons of England telling the King they would gladly and willingly assist and goe with him in that expedition which they vigorously prosecuted Before this Anno 1227. A peace as well as war was conecâ—uded with the Scots in and by a Parliament at Northampton Anno 1242. King Henry the third summoning a Parliament and demanding ayd of his Subjects to assist him in his warre against the King of France to recover his rights there they gave him a resolute answer that they would grant him no ayde and that he should make no war with France till the Truce were expired which Matthew Paris thus further expresseth The Nobles answered him with great bitternesse of heart that he had conceived this warre and vnyage into France without their advise Et talia effrons impudenter postularat exagitans depauperans fideles suos tam frequenter traâ—ens exactiones in consequentiam quasi a servis ultimae conditionis tantam pecuniam toties extorsit inutiliter dispensandam Contradixerunt igitur Regi in faciem nolentes amplius sic pecunia sua frustratorie spoliari The King hereupon put them off till the next day Romanorum usus vertutis fallaciis and then they should heare his
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
Bishops during the vacation and the like and if he alien these Lands in fee to their prejudice the grant is voyd in Law and shall be repealed as hath beene frequently judged because he possesseth these lands not in his owne but others rights So the King hath his Crowne Lands revenues Forts Ships Ammunition Wards Escheates not in his owne but the Kingdomes right for its defence and benefit and though he cannot stand seised to private mans use yet he may and doth stand seised of the premises to his whole kingdomes use to whom he is but a publike servant not onely in Law but Divinity too 1 Sam. 8. 20. 2 Sam. 5. 12. Isa. 49. 23. Psal. 78. 72 73 74. Rom. 13. 4. 1 Pet. 2. 13. 14. 2 Chron. 9. 8. Secondly All the Ships Ammunition Armes the Parliament hath seised were purchased not with the Kings but Kingdomes monies for the defence and service of the Kingdome as the Subsidy Bils and Acts for Tunnage and Poundage the Kings owne Declaration and Writs for Shipmony attest If then the representative Body of the kingdome to prevent the arrivall of forraine Forces and that civill warre they then foresaw was like to ensue and hath experimentally since fallen out even bâ—yond their feares and overspread the whole kingdome to which it threatens ruine hath seised sequestred the kingdomes Ports Forts Navy Ammunition into trusty hands for the Kings and Kingdomes use to no other end but that they should not be imployed against the King and Parliament by his Majesties Malignant Counsellors and outragious plundering Cavaliers what indifferent sober man can justly tax them for it Queene Elizabeth and the State of England heretofore during the Warres with Spaine inhibited the Haunse townes and other foraine Merchants over whom she had no jurisdiction to transport any materials for Warre through the narrow Seas to Spaine though their usuall Merchandize to those parts and the Sea as they alleadged was free for feare they should be turned against our Kingdome and after notice given made them prise for any of her Subjects to seise on And it is the common policy this day and anciently of all States whatsoever to seise on all provisions of Warre that are passing by way of Merchandize onely towards their enemies though they have no right or propertie in them and to grant letters of Mart to seise them as we have usually done which they plead they may justly doe by the Law of Nature of Nations to prevent their owne destruction Much more then may the Houses of Parliament after the sodaine eruption of that horrid Popish rebellion in Ireland and the feares of a like intestine warre from the Malignant Popish Prelaticall party in England expecting Forces supplies of mony and ammunition from foraine parts seise upon Hull other Ports the Navy and Ammunition the Kingdomes proper goods provided onely for its defence in such times as these when his Majesty refused to put them into such hands as the kingdome and they might justly confide in and the contrary Malignant faction plotted to get possession of them to ruine Lawes Libâ—rties Religion Parliament Kingdome And what mischiefe thinke you would these have long since done to Parliament and Subjects had they first gotten them who have already wrought so much mischiefe without them by the Kings owne encouragement and command Doubtlesse the Parliament being the supreame power now specially met together and intrusted by the Subjects to provide for the kingdomes safety had forfeited not onely their discretion but trust and betrayed both themselves their priviledges the Subjects Liberties Religion Countrey Kingdome and not onely their friends but enemies would have taxed them of infidelity simplicity that I say not desperate folly had they not seised what they did in the season when they did it which though some at first imputed onely to their over-much jealousie yet time hath since sufficiently discovered that it was onely upon substantiall reasons of true Christian Policy Had the Cavaliers and Papists now in armes gotten first possession of them in all probability wee had lost our Liberties Lawes Religion Parliament long ere this and those very persons as wise men conceive were designed to take possession of them at first had they not beene prevented without resistance whom his Majesty now imployes to regaine them by open warres and violence It is knowne to all that his Majesty had no actuall personall possession of Hull nor any extraordinary officer for him there before Sir Iohn Hothâ—m seised it but onely the Maior of the Towne elected by the Townesmen not nominated by the King neither did Sir Iohn enter it by order from the Houses till the King had first commanded the Major and Townesmen whom he had constantly intrusted before to deliver Hull up to the Earle of Newcastle now Generall of the Popish Northerne Army The first breach then of trust and cause of jealousie proceeding from the King himselfe in a very unhappy season where the quarrell first began and who is most blame-worthy let all men judge If I commit my sword in trust to anothers custody for my owne defence and then feare or â—ee that hee or some others will murther me with my owne weapon it is neither injury nor disloyaltie in me for my owne preservation to seise my owne Sword till the danger be past it is madnesse or folly not to doe it there being many ancient and late examples for to warrant it I shall instance in some few By the Common Law of the Land whiles Abbies and Priories remained when we had any Warres with foraine Nations it was lawfull and usuall to seise all the Lands goods possessions of Abbots of Priors aliens of those Countries during the warres though they possessed them onely in right of their Houses lest they should contribute any ayd intelligence assistance to our enemies Yea it anciently hath beene and now is the common custome of our owne and other kingdomes as soone as any breaches and warres begin after Proclamation made to seise and confiscate all the Ships goods and estates of those countries and kingdomes with whom they begin warre as are found within their dominions for the present or shall arrive there afterwards left the enemies should be ayded by them in the Warres preventing Physicke being as lawfull as usefull in politique as naturall bodies which act is warranted by Magna Charta with sundry other Statutes quoted in the Margin And though these seisures were made by the King in his name onely yet it was by authority of Acts of Parliament as the publike Minister of the Realme for the kingdomes securitie and benefit rather then his owne But to come to more punctuall precedents warranted by the supreme Law of Salus Populi the onely reason of the former Anno Dom 12â—4 upon thâ— confirmation of the Great Charter and of the Forest by King Iohn it was agreed granted and enacted in that Parliamentary assembly
at Running-mead that the 25. Barons then elected for the conservators of those Liberties and Charters with the Commons of the Land might distraine and enforce the King if he violated these Charters and made no redresse thereof within 40. days space after notice by seising upon his CASTLES lands possessions and other goods till amends should be made according to their arbitration And for more certainety the fouâ—e Chatelaines or chiefe Captaines of the Castles of Northampton Kenelworth Nottingham and Scarborough should be sworne to obey the commandment of the 25. Barons or the major part of them in WHATSOEVER THEY THOUGHT GOOD CONCERNING THESE CASTLES Wherein NONE SHOULD BE PLACED BUT SUCH AS WOULD BE FAITHFULL and OBSERVE THEIR OATH And upon this accord Rochester Castle and others whose custody of antient right belonged to the Archbishop of Canterbury with other Castles appertaining to the Barons were restored to them by the King who breaking all his vowes Charters immediatly after through the Barons and peoples supine negligence overmuch confiding to the Kings Oath and confirmations and fond conceite of holding that by peace which they had recovered by violence from a perfidious King in halfe a yeares space recovers all the Castles againe even to the Borders of Scotland by meanes of foraine Forces and a malignant despicable domemesticke party hee having scarce seven Knights faithfull to him being generally forsaken of all and made himâ—elfe absolute Master of all England except the Citie of London the Suburbs whereof hee burned and sacked and so tyrannised over his Subjects with fire and Sword pillaging them every where Vastandâ— omnes domos aedificia Baronum divisis agminibus succendebat spolia cum animalibus rapiebat de rapina iniquitatis ministros quos habebat nequissimos saginabat c. sufficiâ—bat ad caâ—sam mortis simplicibus incolis si aliquid habere credebantur qui nihil habebant fateri habere cogebantur qui non habeb at habere ut persolveret paenis exquisitis distringebatur Diseurrebant â—icarii caede humana cruentati noctivagi incendiarii filii Belial strictis ensibus ut delerent a faciâ— terrae ab homine usque ad pecus omnia â—umanis usibus necessaria eductisque cultellis villas domos caemiteria ecclesias perlustrabant omnes spoliabant ita quidem ut nec muliebri sâ—xui nec parvulorum vel decrepitorum parâ—erent aetati Et quod consumere non valebant incendio tradebant vel despergentes inutile humanis usibus reddebant Et quos nulla nota premebant INIMICOS REGIS VOCANTES si inimici sui appellandi sunt qui eum ad mansuetudinem justitiam mansuetam introducere voluerunt ubicunque reperiebantur raptim trahebantur in â—arcerem paenalem vinculis mancipati tandem ad gravissimam coacti redemptionem c. A ture Character of our times and plundering barbarous Cavaliers which so farre exasperated the Barons and people that they elected another King But the end for which I cite this precedent is to manifest that the Lords and Commons in that age did not thinke the Kings owne Charter Promise Protestations Oathes Proclamations the Bishops and Popes solemne excommunications and those 25. new Conservators a sufficiant securitie to preserve their Lawes and Liberties against the invasions of an unconstant wilfull foedifragous King unlesse they had the Power and Command of his chiefe Castles and the Militia added to them which wee see through overmuch securitie and want of vigilancy were all too little to preserve their Liberties against an unconstant oppressing Prince whose oaths and protestations were but like Sampsons cords broken all to peeces like a thread in a moment by those who had Sampsons strength King Henry the third was no whit inferior to his father Iohn in unconstancy and perfidiousnesse to his Subjects with whom when he had oft broken his faith and solemne oathes the Lords and Barons having no other meanes of securitie left to preserve their Lawes Liberties kingdome from vassallage and destruction or to enforce the King to keepe those ordinances which hee had made and sworne to observe in a Parliament at Oxford but few yeares before all which he laboured to rescinde having procured a dispensation of his Oath from the Pope to colour his perjury in the yeare 1260. appointed new Sheriffes and Gardians of Shires discharging such as the King had before admitted and raysing a strong power in the Marches of Wales sent a Letter to the King under the Seale of Sir Roger Clifford beseeching him to have in remembrance the Oath and promises hee had made fâ—r the observing of the Statutes enacted at Oxford with other Ordinances made to the honour of God for faith and allegiance to his person and for the weale and profit of his Realme willing him further to withstand and defie all such persons as will be against the said acts saving the Queene and her children After which letter sent and no answer to it received the Barons with banners displayed went against such Malignants as they knew held against those Acts. And first at Hereford they tooke the Bishop and all his Chanons who were aliens borne taking away their money and cattle and plundering their houses and manors And marching towards London much people fiocking to them in their passage ever as they found any that they knew to be against the maintenance of the said Acts they imprisoned them and spoyled their houses were they spirituall or temporall men furnished the especiall Fortresses of the kingdome with Gardians of their owne and in DIVERS OF THE KINGS CASTLES THEY SET IN SUCH MEN AS THEY LIKED and PUT OUT SUCH AS THE KING HAD PLACED THERE BEFORE and gave them an Oath that they would be true and faithfull to the King and keepe those Castles TO HIS USE and TO THE WEALE OF THE REALME And when William de Valens denied with oathes to render up any Castle which was given him by the King his brother to keepe the Earle of Leycester and the rest of the Barons answered they would either have his Castles or his head which so terrified the Poictovines that they left Oxford and their Castles to the Barons and fled into France Which Castles when the King and Lords were accorded together with the Castles of Dover Nec Regi ablatum nec vetitum sed tanquam clavis totius Regni custodiae esset diligentiori a Baronibus deputatum and the Castle of Rochester and others were readily delivered up by the Barons to the King qui ubique liberum invenit introitum exitum juxtâ— vota tunâ— primo Rex sensit se falsis deceptionibus circumventum Baronum suorum fidelitate ubique licâ—t ignoranter suffultum and then the King first found he was circumvented with false reports of the Barons disloyalty who so willingly restored his Castles to him when those stormes were blowne over though he made but ill use of it took occasion thence openly
to recede from his Oath whereupon they reseised these Castles for their safety About Midsommer the Barons drawing neare to London sent a Letter to the Mayor and Aldermen requiring to know of them Whether they would observe and maintaine the Statutes made at Oxford or not or aide and assist suâ—h persons as intended the breach of the same and sent unto them a Copy of the said Acts with a proviso that if there were any of them that should seeme to be hurtfull to the Realme or Commonweale of the same that they then by discreet persons of the land should be altered and amended Which Copy the Mayor bare unto the King then at the Tower of London with the Queene and other great persons Then the King intending to know the minde of the City asked the Mayor What he thought of those Acts who abashed with that question besought the King That he might commune with his Brethrâ—n the Aldermen and then he wâ—uld declare unto him both his and their opinions But the King said He would heare his advice without more Counsell Then the Mayor boldly said That before times he with his Brethren and commonalty of the City by his commandement were sworne to maintaine all Acts made to the honour of God to the faith of the King and profit of the Realme which Oath by his license and most gracious favour they intended to observe and keepe And moreover to avoid all occasions that might grow of grudge and variance betweene his Grace and the Barons in the City they would avoyd all aliens and strangers out of it as they soone after did if his Grace were so contented With which Answer the King seemed to bee pleased so that the Mayor with his favour departed and he and the Citizens sent answer to the Barons that they condescended to those acts binding themselves thereunto under the publike Seale of London their Liberties alwayes upholded and saved Then the Barons entred the City and shortly after the King with his Queene and other of his Counsaile returned to Westminster Anno 1264. the 48. of Henry the third the King made his peace with the Barons then in Armes upon these termes That ALL THE CASTLES OF THE KING throughout England should be delivered TO THE KEEPING OF THE BARONS the Provisions of Oxford be inviolably observed and all Strangers by â— certaine time avoyded the kingdome except such as by a generall consent should be held faithfull and profitable for the same Whereupon the Barons tooke possession of most of the Castles by agreement or violence where they found resistance as they did in many places And by the CONSENT of THE KING and BARONS Sir Hugh le Spenser was made Chiefe Justice and keeper of the Tower This done at London the Barons departed to Windsor to see the guiding of that Castle where they put out those aliens whom Sir Edward the Kings Sonne had before put in and put other Officers in their places spoyling them of such goods as they had Who complaining thereof to the King he put them off for that season After which they re-seised Dover Castle and made Richard de Gray a valiant and faithfull man Constable of it who searching all passengers that came thither very strictly found great store of Treasure which was to be secretly conveyed to the Poictovines which he seised and it was imployed by the Barons appointment upon the profitable uses of the Realme The yeare following the Commons of London chose Thomas Fitz-Thomas for their Mayor and without consent of the Aldermen sware him at the Guild-hall without presenting him the next day to the King or Barons of the Exchequer For which the King was grievously discontented and being advertised that the Citizens tooke part with the Barons caused his Sonne Edward to take the Castle of Winsor by a traine to which the King and Lords of his party repaired And the other Lords and Knights with great Forces drew towards London but by mediation of friends there was a peace concluded and the differences were referred to the French King and his PARLIAMENT as Andrew Favine records out of Rishanger to end Who giving expresse sentence that all the Acts of Oxenford should from thenceforth be utterly forborne and annulled The Barons discontented with this partiall sentence departed into the Marches of Wales where raising Forces they seised on many Townes and Castles of the Kings and Prince Edward going against them was sore distressed and almost taken Hereupon to end these differences a new Parliament was appointed at Oxford which tooke no effect Because when the King had yeelded the Statutes of Oxford should stand the Queene was as utterly against it whose opposition in this point being knowne to the Londoners the baser sort of people were so enraged that she being to shoot the Bridge from the Tower towards Winsor they with darts stones and villanous words forced her to returne After which the Lords sending a Letter to the King to beseech him not to beleeve the ill reports of some evill Counsellors about him touching their loyalty and honest intentions were answered with two Letters of defiance Upon which ensued the bloody battle of Lewis in Sussex in which the King and his Sonne with 25. Barons and Baronets were taken prisoners twenty thousand of the Commons slaine Richard King of Romans the Kings Brother was likewise taken prisoner in this Battle who a little before comming over into England with some Forces to ayde his Brother the Barons hearing thereof caused all the Ships and Gallies of the Cinqueports and other places to meet together armed to resist him by Sea and sent horse and foot to withstand him by Land if he arrived Which Richard having intelligence of disbanded his Forces and sent word to the Barons that he would take an Oath to observe the Articles and Statutes made at Oxenford whereupon he was permitted to land at Dover with a small Traine whither King Henry went to meeâ— him But the Barons would not suffer this King nor any of his Traine to enter into Dover Castle because he had not taken his Oath to observe the foresaid Statutes nor yet the King of England to goe into it for feare of surprisall because it was the principall Bulwarke of England the Barons then having both it and all the Cinqueports in their Custody to secure the kingdome from danger Neither would they permit King Richard to goe on towards London till he had taken the Oath forementioned After this battle all the prisoners were sent to severall prisons except the two Kings and Prince Edward whom the Barons brought with them to London where a new Grant was made by the King that the said Statutes shoâ—ld stand in strength and if any were thought unreasonable they to be amended by foure Noblemen of the Realme and if they could not agree then the Earle of Angiou and Duke of Burgoin to be Iudges of the matter And this to be firmely holden
sweare to observe before they are crowned the words of which law are these The King shall take heed that he neither undertake warre nor conclude peace nor make truce nor handle any thing of great moment but by the advise and consent of the Elders to wit the Iustitia Arragoniae the standing Parliament of that kingdome which hath power over and above the King And of later dayes as the same Author writes their Rici-homines or selected Peeres appointed by that kingdome not the King have all the charges and offices both of warre and peace lying on their neckes and the command of the Militia of the kingdome which they have power by their Lawes to raise even against their King himselfe in case he invade their Lawes or Liberties as he there manifests at large So in Hungary the great Palatine of Hungary the greatest officer of that kingdome and the Kings Lieutenant Generall who commands the Militia of that Realme is chosen by the Parliament and Estates of that country not the King It was provided by the Lawes of the Aetolians that nothing should be entreated of CONCERNING PEACE OR WARRE but in their Panaetolio or great generall Councell of state in which all Ambassadors were heard and answered as they were likewise in the Roman Senate And Charles the fifth of France having a purpose to drive all the Englishmen out of France and Aquitain assembled a generall assembly of the estates in a Parliament at Paris by their advise and wisedome to amend what by himselfe had not beene wisely done or considered of and so undertooke that warre with the counsell and good liking of the Nobilitie and people whose helpe he was to use therein which warre being in and by that Councell decreed prospered in his hand and tooke good successe as Bodin notes because nothing giveth greater credit and authority to any publike undertakings of a Prince and people in any State or Commonweale then to have them passe and ratified by publike advise and consent Yea the great Constable of France who hath the government of the Kings Sword the Army and Militia of France was anciently chosen by the great Councell of the three Estates Parliament of that kingdome as is manifest by their election of Arthur Duke of Britaine to that office Anno 1324. before which Anno 1253. they elected the * Earle of Leycester a valiant Souldier and experienced wise man to be the grand Seneschall of France ad consulendum regno desolato multum desperato quia strenuus fuit fidelis which office he refused lest he should seeme a Traytour to Henry the third of England under whom he had beene governour of Gascoigne which place he gave over for want of pay In briefe the late examples of the Protestant Princes in Germany France Bohemia the Low countries and of our brethren in Scotland within foure yeares last who seised all the Kings Forts Ports Armes Ammunition Revenues in Scotland and some Townes in England to preserve their Lawes Liberties Religion Estates and Country from destruction by common consent without any Ordinance of both Houses in their Parliament will both excuse and justifie all the Acts of this nature done by expresse Ordinances of this Parliament which being the Soveraigne highest power in the Realme intrusted with the kingdomes safety may put the Ports Forts Navy Ammunition which the King himselfe cannot manage in person but by substitutes into such under Officers hands as shall both preserve and rightly imploy them for the King and kingdomes safety and elect the Commanders of the Militia according to the expresse letter of King Edward the Confessors Laws which our Kings at their Coronations were still sworne to maintaine wherewith I shall in a manner conclude the Legall part of the Subjects right to elect the Commanders of the Militia both by Sea and Land Erant aliae potestates dignitates per provincias patrias universas per singulos Comitatus totius regni constitutea qui Heretochii apud Anglos vocabantur Scilicet Barones Nobiles insignes sapientes fideles animosi Latine vero dicebantur Ductores exercitus apud Gallos Capitales Constabularii vel Marâ—schaâ—li Exercitus Illi vero ordinabant acies densissimas in praeliis aâ—as constituebant prout decuit prout iis melius visum fuit ad Honorem Coronae ET AD UTILITATEM REGNI Isti vero viri ELIGEBANTUR PER COMMUNE CONCILIUM PRO COMMUNI UTILITATE REGNI PER PROVINCIAS ET PATRIAS UNIVERSAS ET PER SINGULOS COMITATUS so as the King had the choyce of them in no Province or Countrey but the Parliament and people onely in pleno Folcmote SICUT ET VICECOMITES PROVINCIARUM ET COMITATUUM ELEGI DEBENT Ita quod in quolibet Comitatu sit unus Heretoch PER ELECTIO NEM ELECTUS ad conducendum exercitum Comitatus sui juxta praeceptum Domini Regis ad honorem Coronae UTILITATEM REGNI praedicti semper cum opus adfuerit in Regno Item qui fugiet a Domino vel socio suo pro timiditate Belli vel Mortis in conductione Heretochii sui IN EXPEDITIONE NAVALI VEL TERRESTRI by which it is evident these popular Heretochs commanded the Militia of the Realme both by Sea and Land and might execute Martiall Law in times of war perdat omne quod suum est suam ipsius vitam manus mittat Dominus ad terram quam ei antea dederat Et qui in bello ante Dominum suum ceciderit sit hoc in terra sit alibi sint ei relevationes condonatae habeant Haeredes ejus pecuniam terramejus sine aliqua diminutione recte dividant inter se. An unanswerable evidence for the kingdomes and Parliaments interest in the Militia enough to satisfie all men To which I shall only adde that observation of the learned Antiquary Sir Henry Spelman in his Glossarium Title Dux and Heretochius where he cites this Law of King Edward That the Heretoch was Magister Militiae Constabularius Mariscallus DVCTOR EXERCITVS SIVE NAVALIS SIVE TERRESTRIS called in Saxon Heretoga ab Here Exercitus Togen Ducere Eligebantur in pleno Folcmote hoc est non in illo sub initio eaâ—endarum Maii at in alio sub capite Calendarum Octobris Aderant tune ipsi Heretochii QUAE VOLUERE IMPERABANT EXEQUENDA consvlto tamen PROCERUM COETU ET JUDICIO TOTIUS FOLCMOTI APPROBANTE Then he subjoynes POPULARIS ISTA HERETOCHIORUM SEU DUCUM ELECTIO nostris Saxonibus cum Germanis aliis COMMUNIS FUIT Vt in Boiorum ll videas Tit. 2. cap. 1. S. 1. Siquis contra Ducem suum quent Rex ordinavit in Provincia illa AUT POPULUS SIBI ELEGERIT DUCEM de morte Ducis consiliatus fuerit in Ducis sit potestate c. Hue videtur pertinere quod apud Greg. Turon legas l. 8. Sect. 18. Wintro Dux à Pagensibus
all the infringers thereof should be solemnly Excommunicated by the Bishops And because the King had not hitherto observed the great Charter notwithstanding his Oathes and promises and Saint Edmonds Excommunication against him by infringing it least the like danger should happen in after times and so the last errour be worse then the first BY COMMON ASSENT they elected 4 of the most Pâ—lâ—tick discreetest men of all the Realme Who should be of the Kings Counsell and sweare that they would faithfully mannage the affaires of the King and Kingdome and would administâ—r Iustice to all men without respect of persons That these should alwayes follow the King and if not all yet two at the least should be present with him to heare every mans complaint and speedily releeve such as suffered wrong That the Kings Treasury should be issued by their view and testimony and that the money specially granted by all should be expended for the benefit of the King and Kingdome in such sort as should seeme best and most profitable And that these shall be Conservators of their Liberties And that as they Are Chosen by the assent of all so likewise not any of them should be removed or deprived of his Office without Common assent That one of them being taken away by the election and assent of the three another should be substituted within two Moneths Neither without them but when there shall be necessity and at their Election may all meet againe That the Writs impetrated against the Law and Custome of the Realme should be utterly revoked and cancelled That Sentence should be given against the Contradictors That they should oblige one another to excute all this by a mutuall Oath That the Justiciar and Chancellour should be chosen by the generall Voices of all the States assembled and because they ought to be frequently with the King may be of the number of the Conservators And if the King by any intervenient occasion shall take away his Seale from the Chancellour whatsoever shall be sealed in the interim shall be reputed void and frustrate till restitution of it be made to the Chancellour That none be substituted Chancellour or Iusticiar but by the universall assembly and free assent of all That Two Iustices may be chosen of the Bench Two Barons of the Exchequer ordained And at least One Iustice of the Iewes deputed That at this turne All the said Officers should be Made and Constituted by the Common Universall and Free Election of All That like as they were to â—andle the Businesses of All Sic etiam in eorum Electionem concurrat assensus singulorum So likewise For their Election the Assent of all should Concur And afterwards when there shall be need to substitute another in any of the foresaid Places this Substitution shall be made by the Provision and Authority of the Foure Counsellours aforesaid That those hitherto suspected and lesse necessary should be removed from the Kings side But whiles these businesses over-profitable to the Common-wealth had beene diligently handled by the Lords for three weekes space the enemy of man-kind the disturber of peace the raiser of sedition the devill as Matthew Paris writes unhappily hindered all these things by the Popes avarice through the coming of Martin a new Legate with a larger power then any ever had before to exact upon the State the interposition of which businesse in Parliament where it received a peremptory repulse tooke up so much time that the former could not be fully concluded during that Parliament Whereupon after this in the Yeare 1248. King Henry calling a generall Parliament at London to take an effectuall course for the setling of the distractions and grievances of the Realme and therein demanding an ayde he was grievously reprehended for this That he was not ashamed then to demand such an ayde especially because when he last before demanded such an exaction to which the Nobles in England would hardly assent he granted by his Charter that he would no more doe such an injury and grievance to his Nobles they likewise blamed him for his profuse liberality to forraigners on whom he wasted his Treasure for marrying the Nobles of the Land against their wills to strangers of base birth for his base extortions on all sorts of people his detaining the Lands of Bishops and Abbots long in his hands during vacancies contrary to his Coronation Oath c. But the King was especially grievously blamed by all and every one who complained not a little for that LIKE AS HIS MAGNIFICENT PREDECESSORS KINGS HAVE HAD Iusticiarium nec Cancellarium haâ—et nec Thesaurarium PER COMMVNE CONSILIVM REGNI prout deceret expediret hee had neither a Chiefe Iustice nor Chancellour nor Treasurer made by the Common Councell of the Kingdome as it was fitting and expedient but such who followed his pleasure whatsoever it was so it were gainefull to him and such as sought not the promotion of the Common-wealth but their own by collecting Money and procuring Wardships and Rents first of all to themselves A cleare evidence that these Officers of the Kingdome were usually of right created by the Parliament in this Kings and his Ancestors times When the King heard this he blushed being confounded in himselfe knowing all these things to be most true he promised therefore most truely and certainely that hee would gladly reforme all these things hoping by such a humiliation though fained more readily to incline the hearts of all to his request To whom taking counsell together and having beene oft ensnared by such promises they all gave this answer This wil be seene and in a short time it will manifestly appeare to all men therefore we will yet patiently expect and as the King will carry himselfe toward us so we will obey him in all things Whereupon all things were put of and adjourned till 15 dayes after Saint Iohn Baptists feast But the King in the meane time obdurated either by his owne spirit or by his Courtiers who would not have his power weakned and being more exasperated against his people regarded not to make the least reformation in the foresaid excessâ—s according as he had promised to his liege people but instead thereof when all the Nobles and Parliament met againe at the day prefixed firmely beleeving that the King according to promise would reforme his errours and follow wholesome counsels gave them this displeasing answer by his ill Councellours from whom his Majesties evill advisers lately borrowed it You would all Ye Primates of England very uncivilly bind your Lord the King to your will and impose on him an over-servile condition whiles you would impudently deny to him that which is lawfull to every one of your selves Verily it is lawfull to every one to use whose and what councell he listeth Moreover it is lawfull to every housholder to preferre to put by or depose from this or that Office any of his Houshold which yet you rashly presume to
and Silver Money he pleased Nobili aâ—dâ—â—tiam personas ignobiles Senescallos Iudices Capitaâ—cos Consules 〈…〉 Procâ—ratores Recepâ—ores quoscunque Officiarios alios creandi 〈…〉 ponendi in singulis locis Ducatus praedicti quandâ— opus erit inflitutos 〈…〉 Officiarios autedictos amovendi loco amotorum alios subrogandi c. Heere ◠〈…〉 the Title hoâ—â—ur of a Duke and Dukedome in France given by the 〈◊〉 of England as King of France by assent and authority of a Parliament in 〈…〉 Captaines and all other Officers within that Dukedome In the Parliament Rolls of 1. H. 4. num 106. The Commons Petitioned the King that for the safety of himselfe as likewise for the safety of all his Realmâ— and of his Lieges BY ADVISE OF HIS SAGE COVNSELL hâ—e would ordaine SVRE or trusty and SVFFICIENT CAPTAINES and GARDIANS OF HIS CASTLES and FORTRESSES as well in Englaâ—d as in Wales to prevent all perills The very Petition in effect that this Parliament tendered to his Majestie touching the Militia To which the King readily gave this answer Le Roy le voet The King wills it In the same Rol. Num. 97. The Commons likewise petitioned That the Lords Spirituall and Temporall shall not be received in time to come for to excuse them to say That they durst not to doe nor speake the Law nor what they thought for DOVBT of death or that they are not free of themselves because they are more bound under PAINE OF TREASON to keepe their Oath then to feare death or any foâ—feiture To which the King gave this answer The King holds all his Lords and Iustices for good sufficient and loyall and that they will not give him other Counsell or Advise but such as shall be Honest Iust and Profitable for him and the Realme And if any will complaine of them in speciall for the time to come of the contrary the King will reforme and amend it Whereupon we finde they did afterwards complaine accordingly and got new Privie Counsellors chosen and approved in Parliament in the 11 th Yeare of this Kings Raigne as we shall see anone And in the same Parliament Num. 108. I finde this memorable Record to prove the King inferiour to and not above his Laws to alter or infringe them Item Whereas at the request of Richard laâ—e King of England in a Parliament held at Winchester the Commons of the said Parliamâ—nt granted to him that he should be in as good libertie as his Progenitors before him were by which grant the said King woulâ— say that he might turne or change the Lawes at his pleasure and caused them to be changed AGAINST HIS OATH as is openly known in divers cases And now in this present Parliament the Commons thereof of their good assent and free will confidâ—ng in the Nobility high discretion and gracious government of the King our Lord have granted to him That they will He should be in as great Royall Liberty as his noble Progenitors were before him Whereupon our said Lord of his Royall grace AND TENDER CONSCIENCE hath granted in full Parliament That it is not at all his intent nor will to change the Lawes Statutes nor good usagâ—s nor to to take other advantage by the said graunt but for to keepe the Ancient Lawes and Statutes ordained and used in the time of his Noble Progenitors AND TO DOE RIGHT TO ALL PEOPLE IN MERCY AND TRVTH ACCORDING TO HIS OATH which he thus ratified with his Royall assent Le Roy le voet By which Record it is evident First that the Kings Royall Authority and Prerogative is derived to him and may be enlarged or abridged by the Commons and Houses of Parliament as they see just cause Secondly that King Richard the second and Henry the fourth tooke and received the free use and Libertie of their Prerogatives from the grant of the Commons in Parliament and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice Thirdly That the King by his Prerogative when it is most free by his Subjects grant in Parliament hath yet no right nor power by vertue thereof to change or alter any Law or Statute or to doe any thing at all against Law or the Subjects Rights and Priviledges enjoyed in the Raignâ—â— of ancient Kings Therefore no power at all to deprive the Parliament it selfe of this their ancient undubitable oft-enjoyed Right and Priviledge to elect Lord Chancellors Treasurers Privie Seales Chiefe Iustices Privie Counsellors Lord Lieutenants of Counties Captaines of Castles and Fortresses Sheriffes and other publike Officers when they see just cause to make use of this their right and interest for their owne and the Kingdomes safety as now they doe and have as much reason to doe as any their Predecessors had in any age When they behold so many Papists Malignants up in Armes both in England and Ireland to ruine Parliaments Religion Lawes Liberties and make both them and their Posterities meere slaves and vassalls to Forraigne and Domesticke Enemies In the 11. yeare of King Henry the 4 th Rot. Parl. numâ— 14. Art c. 1. The Commons in Parliament petitioned this King First That it would please the King to ordaine and assigne in this Parliament the most valiant sage and discretest Lords Spirituall and Temporall of His Realme TO BE OF HIS COVNSELL in aide and supportation of the Good and substantiall Government and for the weale of the King and of the Realme and the said Lords of the Counsell and the Iustices of the King should be openly sworne in that present Parliament to acquit themselves well and loyally in their counsels and actions for the weale of the King and of the Realme in all points without doing favour to any maner of person for affection or affinity And that it would please our Lord the King in presence of all the Estates in Parliament to command the said Lords and Iustices upon the Faith and Allegiance they owe unto him to doe full Iustice and equall right to every one without delay as well as they may without or notwithstanding any command or charge of any person to the contrary To which the King gave this answer Le Roy le Voet After which the second day of May the Commons came before the King and Lords in Parliament and there prayed to have connusance of the names of the Lords which shall be of the Kings continuall Counsell to execute the good Constitutions and Ordinances made that Parliament To which the King answered that some of the Lords he had chosen and nominated to be of his said Counsell had excused themselves for divers reasonable causes for which he held them well excused and as to the other Lords whom hee had ordained to be of his said Counsell Their Names were these Mounsier the Prince the Bishop of Wâ—nchester the Bishop of Duresme the Bishop of Bath the Earle of Arundâ—â— the Earle of Westmerland and
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.
RIGHTFVLL LAWES and Customes the which THE COMMONS OF YOVR REALME SHALL CHVSE in the future and where but in the Parliament House when and where they meet together to make good Laws and shall strengthen and maintain to the worship of God after your power The King shall answer I grant and beheâ—e But that which puts this past all doubt is the Coronation Oath of K. Edward the 6. thus altered by the Lord Protectour and Kings Councell in words but not sence Doe you grant to make NO NEW LAWES but such as SHALL BE to the honour and glory of God and to the good of the Common-wealth and that the same SHALL BEE MADE BY CONSENT OF YOVR PEOPLE AS HATH BEEN ACCVSTOMED Where this clause of the Oath referres wholly and onely to future new LAWES to be chosen and made by the Peoples consent not to Lawes formerly enacted And certainly it must do sâ— else there would be much Tautology in this short solemne Oath unsutable to the grave wisdome and judgement of an whole Kingdom to prescribe and continue for so many ages and for our Kings in discretion to take For the first clause of the Oath both in the Latin French and English Copieâ— of ancient and present times is this Sir will you grant and keep and by your oath confirme to the people of England THE LAWES AND CVSTOMES GRANTED TO THEM BY ANCIENT KINGS OF ENGLAND rightfull men and devout to God and namely the Lawes and Customes and Franchises granted to the Clergy and to the people by the glorious King Edward to your power Which clause relating to all Lawes and Customes granted by formeâ— Kings to the people if this latter clause should be in the pretertense too HATH CHOSEN as the King and his mistaken Counsell object it would be a meer Suâ—plusage or Battology yea the same insubstance with the first part of the oath and ouâ— Kings should be onely bound by their oathes to observe their Ancestors Lawes not their owne as they now argue the reason perchance why the Petition of Right and our other new Lawes are so ill observed which is ridiculous to imagine And whereas they obiect that the word CVSTOMS joyned to lawes in the last clause cannot be meant of such Customes as the people shall chuse after the Oath made because all Customes are and must be time out of minde The Answer is very easie For Customes here are not taken strictly for ancient usages time out of minde but for Statutes Franchises just Liberties or Taxes for the Kingdoms defence chosen freely granted by the Commons or people and to be confirmed by the King in Parliament as appears by the first clause of the oath the laws customs granted to them by the ancient Kings of England And by Bracton himself who expounds this clause of the oath to relate to future Laws newly made by our Kings after their Coronations in this observable passage Hujusmodi vero leges Anglicanae CONSVETVDINES regum authoritate jubent quandoque quandoque vetant quandoque vindicant puniunt transgressores quas quidem cum FVERINT APPROBATAE CONSENSV VTENTIVM ET SACRAMENTO REGVM CONFIRMATAE mutari non poterunt nec destrui SINE COMMVNI CONSENSV EORVM OMNIVM quorum CONSILIO ET CONSENSV FVERVNT PROMVLGATAE Now no Customes properly so called can commence by way of grant especially of the King alone but only by the people and common usage for a good space of time as the Customes of Gavelkinde Burrough English and such like never granted nor commenced by Charter or Act of Parliament did and if the King by Charter or Act of Parliament should grant a new Custome before it were a Custome in this sense it would be utterly void in law because there was no such custome then in being and no granâ— or act can make or create a custome or prescription that had no former being Therefore Custome in this oath coupled with just and reasonable must needs be meant only of such iust and reasonable statutes liberties privilidges immunities aides taxes or services for the subjects ease and benefit and the publike service as they upon emergent occasions shall make choice of in Parliament of whose iustnesse and reasonablenesse not the King alone but the grand Councell of the Kingdom assembled in the Parliament to this very end to iudge of make and assent to iust and profitable Laws are and ought to be the proper Iudges as I have elswhere manifested and the very words of the oath QVAS VVLGVS ELIGERIT to which justas leges consuetudines relates resolve beyond contradiction And King David and Achish both were of this opinion 1 Chron. 13. 1. to 6. 2 Sam. 18 2 3 4. 1 Sam. 29. 2. to 11. and King Hezekiah too 2 Chron. 30. 1. to 7. 23. yea God himselfe and Saunel too 1 Sam. 8. 4 to the end Fifthly Because it is directly contrary to the preambles and recitals of sundry Acts of Parliament in most of our Kings reignes comprising the two last reasons To instance in some few of many the ancient statutes of Marlbridge begin thus The yeare of grace 1267. for the better estate of the Realme of England and for the more speedy ministration of Iustice AS BELONGETH TO THE OFFICE OF A KING the more discreet men of the Realme being called together as well of the higher as of the lower estate It was provided agreed and ordained that whereas the Realme of latâ— had beene disquieted with manifold troubles and distractions for reformation whereof statutes and lawes BE RIGHT NECESSARY whereby the peace and tranquility of the people may be conserved wherein the King intending to devise convenient remedy hath made these Acts underwritten The statutes of 3 Edw. 1. have this Prologue These be the Acts of King Edward c. at his first Parliament generall after his Coronation Because our Soveraigne Lord the King hath great zeal in desire to redresse the state of the Realm in such things AS REQVIRED AMENDMENT for the common profit of the holy Church and of the Realme c. the King hath ordained and established these Acts underwritten which he intendeth TO BE NECESSARY AND PROFITABLE unto the whole Realme And cap. 17. in the Marches of Wales and elsewhere where the Kings Writs be not currant the King which is chiefe and soveraigne Lord there SHALL DOE RIGHT THERE unto such as will complaine And cap. 48. The King hath ordained these things unto the honour of God and holy Church and for the commonwealth and for the remedy of such as be grieved and for as much as it is great charity which is oft times put for Iustice as here TO DOE RIGHT VNTO ALL MEN AT ALL TIMES WHEN NEED SHALL BE by assent of all c. it was provided The statute of Glocester in the 6. year of King Edw. 1. is thus prefaced For the great mischiefs and disinherisons that the people of the
R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Parl. 2. c. 6. 28. H. 8. c. 7. 1. Mar. c. 6. 13. Eâ—iz c. 1. 3. Iaco. 1. 2. 3. 4. and the Act of Pacification this present Parliament declaring those persons of England and Scotland TRAITORS TO EITHER REALME who shall take up Armes against either Realme without common consent of Parliament which Enact The levying of Warre against the Kingdome and Parliament invading of England or Ireland treachery against the Parliament repealing of certaine Acts of Parliament ill Counselling the King coyning false Money and offering violence to the Kings person to take away his Life to be high Treason not onely against the King and his Crowne but THE REALME TO and those who are guilty of such crimes to bee High Traitors and Enemies TO THE REALME as well at to the King Hence Iohn of Gaunt Duke of Lancaster being accused in a Parliament held in 7. R. 2. by a Carmâ—lite Frier of High Treason for practising sodainely to surprise the KING and seize upon his Kingdome the Duke denied it as a thing incredible upon this very ground If I should thus said he affect the Kingdome Is it credible after your murder which God forbid that the Lords of this Kingdome could patiently endure me Domini mei ET PATRIAE PRODITOREM being a Traitor both of my LORD and COVNTREY Hence in the same Parliament of 7. R. 2. Iohn Walsh Esquire Captaine of Cherburg in France was accused by one of Navarre DE PRODITIONE REGIS REGNI Of Treason against the King and Kingdome for delivering up that Castle to the Enemies And in the Parliament of 3. R. 2. Sir Iohn Annesley Knight accused Thomas Ketrington Esquire of Treason against the King and Realme for betraying and selling the Castle of Saint Saviour within the Isâ—e of Constantine in France to the French for a great summe of money when as he neither wanted Victuals nor meanes to defend it both which Accusations being of Treasons beyond the Sea were determined by Battle and Duels fought to decide them Hence the great Favourite Pierce Gaveston Tanquam Legum subversor Hostiâ— Terrae Publicus Publicus Regni Proditor capite truncatus est and the two Spensers after him were in Edward the second his Raigne likewise banished condemned and executed as Traitors to the King and Realme ET REGNI PRODITORES for miscounselling and seducing the King and moving him to make Warre upon his people Hence both the Pierces and the Archbishop of Yorke in their Articles against King Henry the fourth accused him as guilty of High Treason and a Traitor both to the King Realme and Kingdome of England for Deposing and murthering Richard the second And hence the Gunpouder Conspirators were declared adjudged and executed as Traitors both to the KING REALME for atteâ—pting to blow up the Parliament House when the King Nobles and Commons were therein assembled If then the King shall become an open enemie to his Kingdome and Subjects to waste or ruine them or shall seeke to betray them to a Forraigne Enemy which hath beene held no lesse then Treason in a King to doe who by the expresse resolution of 28. H. 8. cap. 7. may become a Traitor to the REALME and thereupon forfeit his very right and titleâ— to the Crowne it can be no Treason nor Rebellion in Law or Theologie for the Parliament Kingdome Subjects to take up armes against the King and his Forces in such a case when he shal wilfully and maliâ—iously rent himselfe from and set himselfe in direct opposition against his Kingdome and by his owne voluntary actions turne their common interest in him for their good and protection into a publicke engagement against him as a common Enemy who seekes their generall ruine And if Kings may lawfully take up armes against their Subjects as all Royallists plead after they reject their lawfull power and become open Rebels or Traitors because then as to this they cease to be Subjects any longer and so forfeit the benefit of their Royal protection By the self-same reason the bond and stipulation being mutuall Kings being their Subjects Liege Lords by Oath and Duty as well as they their Liege people When Kings turne open professed Foes to their Subjects in an Hostile Warrelike way they presently both in Law and Conscience cease to be their Kings de jure as to this particular and their Subjects alleagiance thereby is as to this discharged and suspended towards them as appeares by the Kings Coronation Oath and the Lords and Prelats conditionall Fealty to King Steven so that they may justly in Law and Conscience resist their unlawfull assaults as enemies for which they must onely censure their owne rash unjust proceedings and breach of Faith to their People not their Peoples just defensive opposition which themselves alone occasioned Seventhly It must of necessity be granted that for any King to levie warre against his Subjects unlesse upon very good grounds of Law and conscience and in case of absolute necessity when there is no other remedy left is directly contrary to his very Oath and duty witnes the Law of King Edward the Confessor cap. 17. and Coronation Oathes of all our Kings forementioned To keepe PEACE and godly agreement INTIRELY ACCORDING TO THEIR POWER to their people Contrary to all the fundamentall Lawes of the Realme and the Prologues of most Statutes intirely to preserve and earnestly to indeavour the peace and welfare of their peoples persons goods estates lawes liberties Contrary to the main tenor of all Sacred Scriptures which have relation unto Kings but more especially to the 1 Kings 12. 21. 23. 24. and 2 Chron. 11. 1. 2. Where when King Rehoboam had gathered a very great army to fight against the ten Tribes which revolted from him for following his young Counsellors advice and denying their just request and crowned Ieroboam for their King intending to reduce them to his obedience by force of armes God by his Prophet Shemaiah expressely prohibited him and his army to goe up or fight against â—hem and made them all to returne to their owne houses without fighting and to Isay 14. 4. 19. to 22. where God threatens to cast the King of Babilon out of his grave as an abhominable branch as a carcasse trodden under foot marke the reason Because thou hast destroyed thy Land and slaine thy People to cut off from Babylon his name and remembrance and Sonnes and Nephewes as he had cut off his peoples though heathens Yea contrary to that memorable Speech of that noble Roman Valerius Corinus when he was chosen Dictator and went to fight against the Roman conspirators who toke up armes against their Country Fugeris etiam honestius tergumque civi dederis quam pugnaveris contra patriam nunc ad pacificandum bene atque honeste inter primos stabis postulate aequa et forte quanquam vel iniquis standum est potius
quam impias inter nos conseramus manus c. If then a Kings offensive warre upon his Subjects without very just grounds and unevitable occasions be thus utterly sinfull and unlawfull in law and Conscience and most diametrally contrary to the Oath Office trust and duty of a King who by this strange metamorphosis becomes a Wolfe instead of a Shepheard a destroyer in liew of a Protector a publike Enemy in place of a Common friend an vnnaturall Tyrant instead of a naturall King it followes inevitably that the Subjects or Kingdomes resistance and defensive warre in such a case both by the law of God of nature of the Realme must be lawfull and just because directly opposite to the only preservative against that warre which is unlawfull and unjust and so no Treason nor Rebellion by any Law of God or man which are illegall and criminall too Eightly It is the received resolution of all Canonists Schoolemen and Civill Lawyers That a defensive warre undertaken onely for necessary defence doth not properly deserve the nam of warre but onely of Defence That it is no levying of warre at all which implies an active offensive not passive defensive raising of forces and so no Treason nor offence within the statute of 25. E. 3. c. 2. as the Parliament the onely proper Iudge of Treasons hath already resolved in point of Law but a faculty onely of defence Cuilibet Omni Iure ipsoque Rationis Ductu Permissa c. permitted to every one By all Law or right and by the very conduct of reason since to propulse violence and iniury is permitted by the very Law of Nations Hence of all the seven sorts of warre which they make they define the last to be A just and Necessary War quod fit se et sua defendendo and that those who dâ—e in such a war caeteris paribus are safe Causa 23. qu. 1. and if they be slaine for defence of the Common-wealth their memory shall live in perpetuall glory And hence they give this Definition of a just Warre Warre is a Lawfull Defence against an immi eâ—t or praeceeding offence upon a publike or private cause concluding That if Defence be severed from Wâ—rre it is a Sedition not Warre Although the Emperour himselfe denounce it Yea although the whole World combined together Proclaime it For the Emperour or King can no more lawfully hurt another in Warre tâ—en he can take away his goods or life without cause Therefore let Commentato sâ—bâ—awle etâ—rnally about Warre yet they shall never justifie nor prove it lawfull Nisi ex Defensione Legitima but when it proceeds from Lawfull defence all Warres beâ—â—g rash and unjust against those who justly defend themselves This Warre then being undertaken by the Parliament onely for their owne and the Kingdomes necessary defence against the Kings invasive Armies and Cavalliers especially now after the Kings rejection of all Honourable and safe termes of Peace and accommodation tendered to him by the Parliament must needs be just and lawfull and so no Treason nor Rebellion in point of Law or Conscience Since no Law of God nor of the Realme hath given the King any Authority or Commission at all to make this unnaturall Warre upon his Parliament his people to enslave their Soules and Bodies or any inhibition to them not to defend themselves in such a caâ—e These generall Considerations thus premised wherein Law and Conscience walke hand in hand I shall in the next place lay downe such particular grounds for the justification of this Warre which are meerely Legall extracted out of the bowels of our knowne Lawes which no professors of them can contradict First it is unquestionable that by the Common and Statute Law of the Land the King himselfe who cannot lawfully proclaime Warre against a Forraigne Enemy much lesse against his people without his Parliaments previous assent as I have elsewhere proved cannot by his absolute Soveraigne Prerogative either by verball Commands or Commissions under the great Seale of England derive any lawfull or just Authority to any Generall Captaine Cavalliers or person whatsoever without Legall Triall and Conviction to seize the Goods or Chattels of any his Subjects much lesse forcecibly to Râ—b Spoile Plunder Wound Beat Kill Imprison or make open War upon them without a most just and inâ—vitable occasion and that after open hostility denounced agaiâ—st them And if any by vertue of such illegal Commissions or Mandats Assault Plunder Spoile Rob Beat Wound Slay Imprison the Goods Chattels Houses Persons of any Subject not lawfully convicted They may and ought to be proceeded against resisted apprehended indicted condâ—mned for it notwithstanding such Commissions as Trespassers Theeves Burglarers Felons Murderers both by Statute and Common Law As is clearely enacted and resolved by Magna Charta cap. 29. 15. E. 3. Stat. 1. cap. 1. 2. 3. 42. E. 3. cap. 1. 3. 28. E. 1. Artic. super Chaâ—tas cap. 2. 4 E. 3. c. 4 5. E. 3. cap. 2. 24. E. 3. cap. 1. 2 R. 2 cap. 7. 5. R. 2. ca 5. 1. H. 5. cap. 6. 11. R. 2. cap. 1. to 6. 24 H. 8. cap. 5. 21. Iacob c. 3. Against Monopolies The Petition of Right 3. Caroli 2. E. 3. c. 8. 14. E. 3. ca. 14. 18. E. 3. Stat. 3. 20. E. 3. cap. 1. 2. 3. 1. R 2. cap. 2. And generally all Satutes against Purvâ—yers 42. Ass. Pl. 5. 12. Bâ—oâ—ke Commissions 15. 16. Fortescue c. p. 8. 9. 10. 13. 14. 26. 1. E. 3. 2. 2. H. 4. 24. Br. Faux Imprisonment 30. 28. 22. E. 4 45. a Tr. 16. H. 6. Monstrans de Faits 182 Stamford lib. 1. fol. 13. a. 37. a. The Conference at the Committies of both Houses 3 â— Aprilis 4 â— Caroli concerning the Right and Priviledge of the Subject newly Printed Cooke lib. 5. fol 50. 51. lib. 7. fol 36. 37. lib. 8. fol. 125. to 129. Iudge Crooks and Huttons Arguments against Shâ—pmoney with divers other Law-Bookes Therefore the Cavalliers can no waies justifie nor excuse their Wounding Murthering Imprisoning Assaulting Robbing Pillaging and spoiling of his Majesties people and Subjects and making Warre upon them by vertue of any Warrant or Commission from the King but may justly and legally be apprehended resisted and proceeded against as Murtherers Rebels Robbers Felons notwithstanding any pretended Royall Authority to countenance their execrable unnaturall proceedings Secondly It is irrefragable that the Subjects in defence of their own Persons Houses Goods Wives Families against such as violently assault them by open force of Armes to wound slay beate imprison robbe or plunder them though by the Kings own illegall Commission may not onely lawfully arme themselves and fortifie their houses their Castles in Iudgement of Law against them but resist apprehend disarme beat wound repulse kill them in their just necessary defence not onely without guilt of Treason or Rebellion but of Tresspas or the very least offence And Servants in such Cases may lawfully justifie not
5. 25. E. 3. c. 8. and 4. H. 4. c. 13. The reason is from the Originall compact and mutuall stipulation of every member of any Republicke State or Society of men for mutuall defence one of another upon all occasions of invasion made at their first association and incorporation into a Republike state kingdome Nation of which we have a pregnant example Iudg. 20. 1. to 48. If then the King himselfe shall introduce forraigne Forces and enemies into his Realme to levie war against it or shall himself become an open enemie to it the Subjects are obleiged by the self-same reason law equity especially upon the Parliaments command to Arm themselves to defend their Native Country Kingdome against these forraigne and domesticke Forces and the King himselfe if he joyne with them as farre forth as they are bound to doe it upon the Kings own Writ and Commission in case he joyned with the Parliament and Kingdome against them the necessary defence and preservation of the Kingdome and themselves and of the King onely so farre forth as he shewes himselfe a King and Patron not an enemie of his Kingdome and Subjects being the sole ground of their engagement in such defensive warres according to this notable resolution of Cicero Omnium Societâ—tum nulla est gratior nulla cariâ— quà m ea quae 〈◊〉 Reâ—ublica est unicuique nostrum Cari sunâ— pareâ—tâ—s cari liberi propinqui familiares SED OMNES OMNIVM CARITATES PATRIA VNA COMPLEXA EST iro qua quis bonus dubitâ—t mortem oppetere si ei sit profuturus Quo est detestabilior illorum immanitas qui lacerant omni scelere Patriam nâ—a funâ—itus delenda occupati sunt fuerunt and seeing kings themselves as well as Subjects are bound to hazard their lives for the preservation of their Kingdomes and peoples safetie and not to endanger the ruine of the Kingdome and people to preserve their owne lives and prerogatives as I have elsewhere manifested it cannot be denyed but that every Subject when the King is unjustly divided against his Kingdome Parliament and People is more obleiged to joyne with the kingdome Parliament and his Native dearest Countrey who are most considerable against the King than with the king against theâ— and rather in such a case than any other because there is lesse neede of helpe and no such danger of ruine to the whole Realme and Nation when the King joynes with them against forraigne invading enemies as there is when the king himselfe becomes an open intestine Foe unto them against his Oath and Duty and the Peopâ—es safety being the Supremest Law the Houses of Parliament the most Soveraigne Authoritie they ought in such unhappie cases of extremitie and division to oversway all Subjects to contribute their best assistance for their necessary just defence even against the king himself and all his Partisans who take up Hostile Armes against them and not to assist them to ruine their owne Country Kingdome Nation as many as now over-rashly do Fifthly I conceive it cleare Law that if the King himselfe or his Courtiers with him shall wrongfully assault any of his Subjects to wound rob or murther them without just cause that the subjects without any guilt of Treason or Rebellion may not onely in their owne defense resist the King and his Courtiers assaults in such a case and hold their hands as Doctor Ferne himselfe accords but likewise close with and disarme them and if the King or his Courtiers receive any blowes wounds in such a case or be casually slaine it is neither Treason nor Murder in the Defendants who had no Treasonable nor murtherous intention at all in them but onely endeavoured their own just defence attempting nothing at all against the kings lawful Royall authority as is cleare by all Law Cases of man slaughter se defeâ—dendo and to put this out of question I shall cite but two or three cases of like Nature It hath beene very frequent with the Kings of England France and oâ—her Princes for triall of their man hood 〈◊〉 runne at Iousts and fight at Barriers not onely with forraigners but with their owne valiantest Lâ—rds and Knights of which there are various Examples In these Martiall disports by the very Law of Armes these Subjects have not onely defended themselves against their kings assaults and blowes but retorted lance for lance stroke for stroke and sometimes unhorsed disarmed and wounded their Kings our Kiâ—g Henry the eight being like to be slaine by the Earle of â—uffolke at a 〈◊〉 in the 16. yeare of his reigne and no longer since then the yeare 1559. Henry the 2 d King of France was casually slaine in a Ioust by the Earle of Mountgommery his Subject whom hee commanded to Iust one bout more with him against his will whose Speare in the counter-blow ran so right into one of the Kings eyes that the shivers of it peirced into his head perished his braine and slew him yet this was Iudged no Treason Fellony nor offence at all in the Earle who had no ill intention If then it hath ever beene reputed lawfull and honourable for Subiects in such militarie exercises upon the challenges of their kings to defend themselves couragiously against their assaults and thus to fight with and encounter them in a martiall manner though there were no necessity for them to answer such a challenge and the casuall wounding or slaying of the King by a Subiect in such a case be neither Treason nor Fellony then much more must it be lawfull by the Law of Armes Nature and the kingdome for the Parliament and subjects in a necessary just unavoydable warre to defend resist repulse the kings and his Cavaleers personall assaults and returne them blow for blow shot for shot if they will wilfully invade them and if the king or any of his Forces miscarry in this action they must like King Henâ—y the 8 th when endangered by tilting blame themselves alone and have no other just legall remedie but pâ—tience it being neither Treason Rebellion nor Murther in the defensive party and most desperate folly and frenzie in any Prince to engage himselfe in such a danger when he neede not doe it I reade of Charles the first of France that he fell sodainely destracted upon a message he recâ—ived from an old poore man as he was marching in the head of his Army and thereupon thinking himselfe betrayâ—d incountred his owne mâ—n and slew two or three of themâ—ere they were ware of him wounding others Whereupon they closing with him disâ—rmed and led him away forceably keeping him close shut up like a Bedlam â—ill he recovered his senses I thinke no man in his right wits will deeme tâ—is their action Treasonable or unlawfull neither did the king or any in that age thus repute it If then a King in an angry franticke passion for Irâ— brevius furor est shall take up
our Queene Elizabeth ayded the Low-Countries against the Tyrannie and oppressions of the King of Spainte and the King of Sweden of late yeares the Princes of Germany against the Tyranny and usurpations of the Emperor upon their sollicitation If then it be thus lawfull for Subjects to call in forraigne Princes to releeve them against the Tyrannie and oppressions of their kings as the Barons in King Iohns time prayed in ayde from Philip and Lewis of France against his tyrannie and those Princes in such cases may justly kill depose or judicially condemne these oppressing Kings and put them to death I conceive these whole kingdomes and Parliaments may with farre better reason lesse danger and greater safety to themselvs their Kings and Realmes take up defensive Armes of their owne to repulse their violence For if they may lawfully helpe themselves and vindicate their Liberties from their Kings encroachments by the assistance and Armes of forraigne Princes who have no relation to them nor particular interest in the differences betweene their kings and them which can hardly be effected without subjecting themselves to a forraigne power the death or deposition of the oppressing King much more may they defend and releeve themselves against him by their owne domesticke Forces if they be able by generall consent of the Realme because they have a particular interest and ingagement to defend their owne persons estates liberties which forraigners want and by such domesticke Forces may prevent a forraigne subjection preserve the life of the oppressing Prince and succession of the Crowne in the hereditary line which forraigne Armies most commonly endanger And certainely it is all one in point of Reason State Law Conscience for Subjects to relieve themselves and make a defensive warre against their Soveraigne by forraigne Princes Armes as by their owne and if the first be just and lawfull as all men generally grant without contradiction and Bractâ—n to l. 2. c. 16. I see no colour but the latter must bee just and lawfull too yea then the first rather because lesse dangerous lesse inconvenient to King and Kingdome From Reasons I shall next proceed to punctuall Authorities Not to mention our ancient Brittons taking up of armes by joint consent against their oppressing tyrannizing Kings Aâ—chigallo Emerian and Vortigern whom they both expelled and deposed for their tyranny and mis-govenment nor our Saxoâ—s rayâ—sing defensive Forces against King Sigebert Osred Ethelred Beornard Ceolwulfe and Edwyn who were forcibly expelled and deprived by their Subjects for their bloody cruelties and oppressions which actions the whole Kingdome then and those Historians who recorded them since reputed just and honourable and no Treasonor Râ—bellion in Law or Conscience being for the Kingdomes necessary preservation and the peoples just defence which Histories I have elsewhere more largely related Nor yet to insist long on the fore-mentioned Barons warre against king Iohn and Henry the 3d. for regaining establishing preserving Magna Chaâ—ta and other Liberties of the Realme which our Kings had almost utterly deprived them off I shall onely give you some few briefe observations touching these warres to cleare them from those blacke aspersions of Rebellion Treason and the like which some late Historians especially Iohn Speed to flatter those Kings to whom they Dedicated their Histories have cast upon them contrary to the judgement of our ancienter Choniclers and Matthew Paris who generally repute them lawfull and honourable First then consider what opinion the Prelates Barons and Kingdome in generall had of these Warres at first Anno 1â—14 in a Parliament held at Pauls the 16. yeare of King Iohns raigne Steven Langton Archbishop of Canterbury produced a Charter of King Henry the First whereby he granted the Ancient Libertâ—es of the Kingdome of England which had by his Predecessors beene oppressed with unjust exactions according to the Lawes of King Edward with those emendations which his Father by the couâ—sell of his Barons did ratifie which Charter being read before the Barons they much rejoyced and swore in the presence of the Archbishop that for these Liberties they would if need required spend their blood which being openly done in Parliament they would never have taken such a publike solemne Oath had they deemed a Warre against the King for recovery or defence of these their Liberties unlawfull and no lesse then Treason and Rebellion in point of Law or Conscience After this the Barons assembling at Saint Edmond bury conferred about the said Charter and swore upon the high Altar That if King Iohn refused to confirme and restore unto thâ—m those Liberties the Rights of the Kingdome they would make Warre upon him and withdraw themselves from his Allegiance untill he had ratified them all wâ—th his Charter under hâ—s great Seale And further agreed after Christmas to Petition him for the same and in the meane time to provide themselves of Horse and Furniture to be ready if the King should start from his Oath made at Wâ—nchester at the time of his absolution for confirmation of these Liberties and compell him to satisfie their demand After Christmas they repaire in a Military manner to the King lying in the new Temple urging their desires with great vehemencie the King seeing their resolution and inclination to warre made answer That for the matter they required he would take consideration till after Easter next In the meane time he tooke upon him the Crosse rather through feare then devotion supposing himselfe to bee more safe under that Protection And to shew his desperate malice and wilfulnâ—sse who rather then not to have an absolute domination over his people to doe what he listed would be any thing himselfe under any other that would but support him in his violences he sent an Embassage the most base and impious that ever yet was sent by any free and Christian Prince unto Miramumalim the Moore intituled the great King of Affrica Morocco and Spaine wherein he offered to render unto him his Kingdome and to hold the same by tribute from him as his Soveraigne Lord to forgoe the Christian Faith as vaine and to receive that of Mahomet imploying Thomas Hardington and Ralph Fitz-Nicholas Knights and Robert of London Clerke Commissioners in this negotiation whose manner of accesse to this great King with the delivery of their Message and King Iohns Charter to that effect are at large recited in Mathew Paris who heard the whole relation from Robert one of the Commissioners Miramumalim having heard at large their Message and the Description of the King and Kingdome governed by an annointed and Crowned King knowne of old to be free and ingenuous ad nullius praeterquam Dei spectans dominationem with the nature and disposition of the people so much disdained the basenesse and impiety of the Offerer that fetching a deepe sigh from his heart he answered I have never read nor heard of any King possessing so prosperous a Kingdome subject and obedient to him
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
which the Bishops became his Pledges and the King appointed a meeting at Westminster on a set day betweene Him and the Lords whereupon the Earle surrendred the Castle to the King upon Oath made by the Bishops that it should be restored at the day But the King refusing to deliver the Earle the Castle according to promise and threatning to subdue his other Castles the Earle hereupon raiseth his Forces winnes his Castle againe routs divers of the Kings Forraigne Forces at Gorsemond Monmouth and other places and invaded the lands of his Enemies Vpon this occasion Frier Agnellus or Lambe acquaints the Earle what the King together with his Counsell and Court thought of his proceedings to wit that the King said he had proceeded over traiterously and unjustly against him yet he was willing to receive him into favour if he would wholly submit himselfe to his mercy and that others held it not just safe and profitable for him to doe it because he had done wrong to the King in that before the King had invaded his Lands or Person he invaded and destroyed the Kings Lands and flew his men and if he should say he did this in defence of his body and inheritance they answered no because there was never any plot against either of them and that were it true yet he ought not thus to breake forth against the King his Lord untill hee had certaine knowledge that the King had such intensions against him ET EX TVNC LICERET TALIA ATTEMPTARE and from thenceforth he might lawfully attempt such things by the Courtiers and Friers owne Confessions Vpon which the Marshiall said to Frier Lambe To the first they say that I ought to submit my selfe because I have invaded the King it is not true because the King himselfe though I have beene ever ready to stand to the Law and judgement of my Peeres in his Court and have oft times requested it by many messengers betweene us which he alwaies denied to grant violently entred my Land and invaded it against all justice whom hoping in humility to please I freely entred into a forme of peace with him which was very prejudiciall to me wherein he granted that if on his part all things were not punctually performed toward me I should be in my pristine state before that peace conclâ—ded namely that I should be without this homage and obsolved from my allegiance to him as I was at first by the Bishop of Saint Davids Seeing then hee hath violated all the Articles of the Peace IT WAS LAWFVLL FOR ME According to my agreement to recover what was mine owne and to debilitate his power by all meanes especially seeing he end eavoured my destruction dis-inheritance and seizing of my Body of which I have certaine intelligence and am able to prove it if neede be And which is more after the 15. daies truce before I entred Wales or made any defence he deprived me of the Office of Marshall without judgement which belongs to me and I have enjoyed by Inheritance neither would he by any meanes restore mee to it though required Whence I have plainely learned that he will keepe no peace with me seeing since the Peace hee handles me worse then before Whereby I ceased to bee his Subject and was absolved from his homage by him Wherefore it was and is lawfull for me to defend my selfe and to withstand the malice of his Counsellors by all meanes And whereas the Kings Counsellors say it is profitable for me to submit to the Kings mercy because he is more rich and powerfull then I am It is true the King is richer and more potent then I but yet he is not more powerfull then God who is Iustice it selfe in whom I trust in the confirmation and prosecution of my right and of the Kingdomes And whereas they say the King can bring in Strangers of his kinred who are neither Scots nor French nor Welsh who shall make all his foes his Foot-stoole and come in such multitudes as they shall cover the face of the earth and that he can raise seven men to my one I neither trust in Strangers nor desire their confederacie nor will I invoke their aide Vnlesse which God forbid inopinata immutabili fuero compulsus necessitate I shall be compelled by a sudden and immutable necessity and I beleeve by his Counsells ill advise he will quickly bring in such multitudes of Strangers that he will not be able to free the Kingdome of them againe for I have learned from credible men that the Bishop of Winchester is bound to the Emperour that the will make the Kingdome of England subject to him which God in his providence avert And whereas they say That I may confide in the King and his Counsell because the King is mercifull credible c. It may well be that the King is mercifull but he is seduced be the Counsell of those by whom we feele our selves much hurt and he is Noble and credible whom God long preserve so as much as in him lies but as for his Counsell I say that no one promise made to me was ever yet kept and they have violated many corporall Oathes made to me and the Oathes they tooke for observing Magna Charta for which they remaine excommunicate and perjured Yea they are eâ—jured concerning the faithfull Counsell which they have sworne to give to our Lord the King when as they have wilfully given him the Counsell of Achitophel against justice and corrupted the just Lawes they have sworne to keepe and introduced unusuall ones for which and for many other things for which neither God nor man ought to trust them or their complices are they not every one excommunicated Rumor de veteri faciet ventura timeri Cras poterunt fieri â—urpia sicut heri Faelix quem faciunt aliena pericula cautum Whereas the said Counsellors of the King say that I invaded the Kings body at Gorsmund Castle before the King had entred my Land and so I did injurie to the King for which I ought to implore his mercie least others should take example thence to raise up Armes against the King I answer that I was not there in person and if any of my Family were there by chance they invaded onely the Family of the King not the person of the King which yet if they had done it were no wonder seeing the king came with his Army into my Land that he might invade me and oppresse me by all the meanes he could which may appeare to all by the tenor of his Letters by which hee made a generall assembly throughout England against my Army And since the premises objected against mee are false and it is true that the King hath treated me worse since the time I expected his mercy then any time before and doth yet use the same Counsell as then and since he endeavours precisely to follow their Counsels in all things by whose advise I suffer all the premised
Chichester the day before the battle of Lewis against King Henry and his sonne who were taken prisoners in it by the Barons and 20000. of their Souldiers slaine absolved all that went to fight against the King their Lord from all their sinnes Such confidence had he of the goodnesse of the cause and justnesse of the warre In one word the oath of association prescribed by the Barons to the King of Romans brother to King Henry the third in the 43. yeare of his Raigne Heare all men that I Richard Earle of Cornewall doe here sweare upon the holy Evangelists that I shall be faithfull and diligent to reforme with you the Kingdome of England hitherto by the councell of wicked persons overmuch disordered and be an effectuall Coadjutor TO EXPELL THE REBELLS and disturbers of the same And this Oath I will inviolaby observe under paâ—ne of losing all the lands I have in England So helpe me God Which Oath all the Barrons and their associates tooke by vertue whereof they tooke up armes against the Kings ill Councellors and himselfe when he joined with them sufficiently demonstrate their publicke opinions and judgements of the lawfullnesse the justnesse of their warres and of all other necessarie defensive armes taken up by the Kingdomes generall assent for preservation of its Lawes Liberties and suppression of those Rebels and ill Councellors who fight against or labour to subvert them by their policies In the third yeare of King Edward the 2 d this king revoking his great Mynion Piers Gavâ—ston newly banished by the Parliament into Ireland and admitting him into as great favour as before contrary to his oath and promise the Barrons hereupon by common consent sent the King word that he should banish Piers from his company according to his agreement or else they would certainely rise up against him as a perjured person Vpon which the King much terrified suffers Piers to abjure the Realme who returning againe soone after to the Court at Yorke where the king entertained him the Lords spirituall and temporall to preserve the liberties of the Church and Realme sent an honourable message to the King to deliver Piers into their hands or banish him for the preservatioâ— of the peace Treasure and weale of the Kingdome this wilfull King denies their just request whereupon the Lords thus contemned and deluded raifed an army and march with all speede towards New-Castle NOT TO OFFER INIVRIE OR MOLESTATION TO THE KING but to apprehend Peirs and judge him according to Law upon this the King fleeth together with Peirs to Tinemouth and from thence to Scarborough Castle where Piers is forced to render himselfe to the Barrons who at Warwicke Castle without any legall triall by meere martiall Law beheaded him as a subvertor of the Lawes and an OPEN TRAITOR TO THE KINGDOME For which facts this King afterwards reprehending and accusing the Lords in Parliament in the 7 th yeare of his Raigne they stoutly answered THAT THEY HAD NOT OFFENDED IN ANY ONE POINT BVâ— DESERVED HIS ROYALL FAVOVR for they HAD NOT GATHERED FORCE AGAINST HIM though he were in Piers his company assisted countenanced and fled with him BVT AGAINST THE PVBLICKE ENEMIE OF THE REALME Whereupon there were two acts of oblivion passed by the King Lords and Commons assembled in that Parliament Printed in the 2 d Part of old Magna Charta The first that no person on the Kings part should be questioned molested impeached imprisoned and brought to judgement for causing Pierce to returne from Exile or barboring councelling or ayding him bere after his returne The second on the Barons part in these words It is provided by the King and by the Archbishops Bishâ—ps Abbots Priors Earles Barâ—ns and Commons of the Realme assembled according to our Command and unun mously assented and accorded that none of what estate or condition soever he be shall in time tâ— come be appealed or challenged for the apprehending deteining or death of Peirsde Gaveston nor shall for the said death be apprâ—hended nor imprisoned impeached molâ—sted nor grieved nor judgement given against him by us nor by others at our suite nor at the suite of any other either in the Kings Court or elsewhere Which act the King by his Writ sent to the Iudges of the Kings Bench commanding that tâ—is grant and concord shall be firme and stable iâ— all its points and that every of them should be held and kept in per petuitie to which end he commands them to cause this act to be there inrolled and fiâ—mely kept for ever A pregnant evidence that the Barons taking up Armes then against this Traytor and enemie of the Realme in pursuance of the Act and sentence of Parliament for his banishment though the King were in his company and assisted him all he might was then both by King and Parliament adjudged no Treason nor Rebellion at all in point of Law but a just honorable action Wherefore their taking up Armes is not mentioned in this Act of oblivion seeing they all held it just but their putting Piers to death without legall triall which in strictnesse of Law could not be justified Now whether this be not the Parliaments and kingdomes present case in point of Law who tooke up armes principally at first for defence of their owne Priviledges of Parliament and apprehention of delinquents who seducing the king withdrew him from the Parliament and caused him to raise an Army to shelter themselves under its power against the Parliament let every reasonable man determine and if it be so we see this ancient Act of Parliament resolves it to be no high Treason nor Rebellion nor offence against the King but a just lawfull act for the kings the kingdomes honour and safety Not long after this the two Spensers getting into the kings favour and seducing miscouncelling him as much as Gaveston did the Lords and Barrons hereupon in the 14 th and 15 th yeares of his raigne confederated together to live and dye for justice and to their power to destroy the TRAITORS OF THE REALME Especially the two Spensers after which they raised an Army whereof they made Thomas Earle of Lancaster Generall and meeting at Sherborne they plunder and destroy the Spensers Castles Mannors Houses Friends Servants and marching to Saint Albanes with Ensignes displayed sent Messengers to the King then at London admonishing him not onely to rid his Court but Kingdome if the TRAITORS TO THE REALME the Spensers condemned by the Commons in many Articles to preserve the peace of the Realme and to grant them and all their followers Letteâ—s Pattents of indemnity for what they had formerly done Which the King at first denied but afterwards this Armie marching up to London where they were received by the City he yeelded to it and in the 15 th yeare of his Raigne by a speciall Act of Parliament the said Spensers were disinherited and banished the Realme for mis-councelling the king oppressing the people
by injustice advising him to lovie warre upon his Subjects making evill Iudges and other Officers to the hurt of the King and Kingdome engrossing the Kings eare and usurâ—ing his Royall authority as ENEMIES of the King and OF HIS PEOPLE and by another Act of Parliament it was then provided that no man should be questioned for any felonies or trespasses committed in the prosecution of Hughâ—e de Sponsers the father and sonne which Act runnes thus Whereas of late many great men of the Realme surmised to Sir Hugh le Despenser the sonne and Father many misdemeanors by them committed against the estate of our Lord the King and of his Crowne and to the disinheritance of the great men and destruction of the people and pursued those misdemeanors and attainder of them by force because they could not be attainted by processe of Law because that the said Sir Hughes had accroached to them the royall power in divers manner the said Grandees having mutually bound themselves by oath in writing without the advise of our Lord the King and after in pursuing the said Hugh and Hugh and their alies and adherents the said great men and others riding with banners displaied having in them the Armes of the king and their owne did take and occupie the Chattels Villages Mannors Lands Tenements Goods and likewise take and imprison some of the Kings leige people and others tooke some and slew others and did many other things in destroying the said Hugh and Hugh and their alies and others in England Wales and in the Marches whereof some things may be said Trespasses and others felonies and the said Hugh and Hugh in the Parliament of our Lord the King sommoned at Westminster three weekes after the Nativitie of Saint Iohn Baptist the 15. yeare of his Raigne for the said misdemeanors were fore judged and banished the Realme by a vote of the Peeres of the Land and the foresaid great men in the said Parliament shewed to our Lord the King that the things done in the pursuite of the said Hugh and Hugh by reason of such causes of necessity cannot be legally redressed or punished without causing great trouble or perchance warre in the land which shall be worse and prayed our Lord that of all alliances trespasses and felonies they might be for ever acquitted for the preservation of peace the avoyding of warre and asswaging of angers and rancors and to make unitie in the land and that our Lord the King may more intirely have the hearts and Wills of the great men and of his people to maintaine and defend his Lands and to make warre upon and grieve his enemies It is accorded and agreed in the said Parliament by our Lord the King and by the Prelates Earles Barrons and Commons of the Realme there assembled by command of our Lord the King that none of what estate or condition soever he be for alliance at what time soever made by deed oath writing or in other manner nor for the taking occupying or detainer of Chattels towns Mannors Lands Tenements and goods taken imprisoning or ransoming the Kings leige People or of other homicides robberies felonies or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men their allies or adherents in the pursuite aforesaid since the first day of March last past till the thursday next after the feast of the assumption of our Ladie to wit the 19. day of August next ensuing be appealed nor challenged taken nor imprisoned nor grieved nor drawne into judgement by the King nor any other at the suite of any other which shall be in the Kings Court or in any place else but that all such trespasses and Felonies shall be discharged by this accord and assent saving alwaies to all men but to the said Hugh and Hugh action and reason to have and recover their Chattels Farmes mannors Lands tenements wards and marriages according to the Lawes and customes used in the Realme without punishment against the king or damages recovered against the party for the time aforesaid For which end they prescribed likewise a Charter of Pardon annexed to this Act according to the purport of it which every one that would might sue out which Charter you may read in old Magna Charta From which Act of Parliament I shall observe these three things First that this their taking up Armes to apprehend the Spâ—â—seâ—s as enemies to the King and kingdom and marching with banners displayd was not then reputed high Treason or Rebellion against the King though it were by way of offence not of defence and without any authority of Parliament for there is not one word of Treason or Rebellion in this Act or in the Charter of pardon pursuing it and if it had beene high Treason this Act and Charters on it extending onely to Fellonie and Trespasses not to Treasons and Rebellions would not have pardoned these transcendent Capitaâ—l crimes Secondly that the unlawfull outrages robberies and murders committed by the souldiers on the kings leige people and not on the two Spensers the sole delinquents were the occasion of this Act of oblivion and pardon not the Armed pursuing of them when they had gotten above the reach of Law Thirdly that though this were an offensive not defensive warre made without common assent of Parliament and many murthers robberies and misdemeanors committed in the prosecution of it upon the kings leige people who were no Delinquents yet being for the common good to suppresse and banish these ill Councellors enemies Traytors to King and Kingdome the King and Parliament though it such a publicke service as merited a pardon of these misdemeanors in the carriage of it and acquitted all who were parties to it from all suites and punishments All which considered is a cleare demonstration that they would have resolved our present defensive warre by Authoritie of both Houses accompanied with no such outrages as these for the apprehension of such as have beene voted Traytors and Delinquents by Parliament and stand out in contempt against its justice for the defence of the Priviledges and Members of Parliament the Liberties and properties of the subject the fundamentall lawes of the Realme the Protestant Religion now indangered by Papists up in Armes in England and Ireland to extirpate it and the removing ill Counsellors from his Majestie to be no high Treason Rebellion or offence at all against the king but a just and lawful Act the very miscarriages wherof in the generall except in such disorderly Souldiers for whom martiall Law hath provided due punishments deserve a publike pardon both from King and Kingdome And to put this out of Question as no fancie of mine owne we have an expresse Act of Parliament resolving the taking up of Armes by the Queene Prince both but subjects and capable of High Treason in such a case as well as others the Nobles and people of the Realme against these two
force of Armes resist the Kings or any other lawfull Magistrates just commands warranted either by Gods Word or the Lawes of England it being out of controversie readily subscribed by all of both sides that Such commands ought not so much as to be disobeyed much lesse forcibly resisted but cheerefully submitted to and readily executed for Conscience sake Rom. 13. 1. to 6. 1 Pet. 2. 13 14. Tit. 3. 1. Hebr. 13. 17. Iosh. 1. 16 17 18. Ezra 7. 26. Eccles. 8 2 3 4 5. the onely thing these objected Scriptures prove which come not neere the thing in question though our Opposites most rely upon them Secondly Neither is this any branch of the dispute Whether Subjects may lawfully rise up or rebell against their Prince by way of Muteny Faction or Sedition without any just or lawfull publicke ground or for every trifling injury or provocation offered them by their Prince Or whether private men for personall wrongs especially where their lives chastities livelihoods are not immediatly endangered by actuall violent unjust assaults may in point of Conscience lawfully resist or rise up against their Kings or any other lawfull Magistrates Since all disavow such tumultuous Insurrections and Rebellions in such cases yet this is all which the oft objected Examples of Korah Dathan and Abiram with other Scriptures of this Nature doe or can evince Thirdly nor is this any parcell of the Conâ—roversie Whether Subjects may lay violent hands upon the persons of their Princes wittingly or willingly to deprive them of their Lives or Liberties â—specially for private Injuries or in cold blood when they doe not actually nor personally assault their lives or chastities or for any publike misdemeanours without a precedent sentence of Imprisonment or death against them given judicially by the whole States or Realmes where they have such Authority to araigne and judge them For allunanimously disclaime yea abominate such Traitorous practises and Iesuiticall Positions as execrable and unchristian yet this is all which the example of Davids not offering violence to King Saul the 1 Sam. 24. 3. to 22. cap. 26. 2. to 25. 2 Sam. 1. 2. to 17. or that perverted Text of Psal. 105. 15. the best Artillery in our Adversaries Magazines truely prove Fourthly Neither is this the thing in difference as most mistake it Whether the Parliament may lawfully raise an Army to goe immediately and directly against the very person of the King to apprehend or offer violence to him much lesse intentionally to destroy him or to resist his owne personall attempts against them even to the hazard of his life For the Parliament and their Army too have in sundry Remâ—nstrances Declarations Protestations and Petitions renounced any such disloyall intention or designe at all for which there is no colour to charge them and were his Majestie now alone or attended onely with his Ordinary Courtly Guard there needed no Army nor Forces to resist his personall assaults Yet this is made the principall matter in question by Doctor Ferne by An appeale to thy Conscience and other Anti-parliamentary Pamphlets who mâ—ke this the sole Theame of their Discourses That Subjects may not take up Armes Against their Lawfull Soveraigne because he is wicked and unjust no though he be an Idolater and Oppressor That Supâ—ose the King will not discharge his trust but is bent or seduced to subvert Religion Lawes Liberties yet Subjects may not take up Armes and resist the King it being unwarrantable and according to the Apostle damnable Rom. 13. Yea this is all the questions the Câ—â—valleers and Malignants demand of their Opposites in this cause What will you take up Armes will you fight against or resist the King c. Never stating the question of his Forces his Army of Papists Malignants Delinquents but onely of the King himselfe abstracted from his invading depopulating Forces against whom in this sence of theirs the Parliament never yet raised any Forces nor made the least resistance hitherto These foure particulars then being not in question I shall here appeale to the most Malignant Conscience Whâ—ther Doctor Ferne and all other our Opposites pretenders of Conscience haue not ignorantly if not maliciously made ship wracke of their good Consciences had they ever any by a wilfull mistating of the Controversie concerning the present Defensive Warre in the foure preceding particulars which they make the onely Questions when not so much as one of them comes within the Verge of that which is the reall Controversie and never once naming that in all or any of their Writings which is the point indeed Secondly Whether there bee any one Text or Reason in all their Pamphlets particularly applied to any thing which concernes the present Warre but onely to these foure particulars which are not in debate And if so as no Conscience can gaine-say it then there is nought in all the wast Papers they have published which may either resolve or scruple any Conscience That the Parliaments Defensive Armes and resistance are unlawfull in point of Divinity or Conscience which is steered by the Scriptures Compasse But if these particulars be not in question you may now demand what the knot and true state of the present Controversie in point of Conscience is In few words take it thus Whâ—ther both Houses of Parliament and the Subjects by their Authorâ—ty for the preservation of their owne Persons Priviledges Lawes Lives Liberties Estates Religion the apprehension of Voted contumatious Traitors and Delinquents the resâ—uing his seduced Majestie out of the power of Popish pernicious Counsellours and Forces who endâ—avour the Kingdomes subversion by withdrawing him from and incensing him against his Parliament may not lawfully with a good Conscience take up necessary defensivs Armes and make actuall Warlike resistance against his Mâ—jâ—stiâ—s Maligna it ill Counsellors and invading Popish Forces who now Murther Rob Spoile Sacke Depopuâ—ate the Kingdome in a most Hostile manner to set up Tyranny Popery and an Arbitrary lawlesse Government in case they come armed with his personall presence or commission to â—xecute these their wicked illegall designes Especially when neither the Parliament nor their forces in this their resistance have the least thought at all to offer any violence to the Kings owne person or to oppose his Legall iust Soveraigne Authority Or shorter Whether the Kings Captaines anâ— Souldierâ—s invading the Parliamâ—nt and Subiects as aforesaid the Parliament or Subiects especially when authorized by an Ordinance of both Houses may not with a safe Conscience forcibly resist these Malignants though armed witâ— the Kings illegall Commissions without his personall presence or with his presence and Commissions too And for my part I thinke it most evident that they may lawfully resist repulse them even by Divine Authority For the better clearing whereof I shall premise these three undeniable Conclusions First That no lawfull King or Monarch whatsoever much lesse the Kings of England who are no absolute Princes have any the least Authority from the
and flee from when as they want power meanes or convenience to resist it they may no doubt lawfully resist even with force of Armes when they have sufficient meanes and conveniences to resist and cannot flee or submit thereto without the publicke ruine since the same justice and equity which enables them by flight or stratagem to decline unjust assaults of a superior power or its judgements doth likewise enable them to escape and prevent it with resistance when they cannot doe it by flight or other policiâ— If then they may lawfully with a safe conscience hide flee or use lawfull policies to prevent the open injust violence of their kings and their Officers when not guilty of any capitall crime deserving censures because by the very light of nature and Law of Charity they are obliged to preserve themselves from unjust tyrannie and are no wayes bound to subject themselves to the cruelty the unjust assaults or oppressions of others then by the selfesame reason they may lawfully with force of Armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto when as they cannot conveniently secure themselves and the publicke but by such resistance and should both betray their owne the publicke safety and Religion as the Subjects and Parliament should now do in case they did not resist by force of Armes to the utmost of their power and become worse than Infidels who have even thus oft provided for their owne and the Republickes securitie Fifâ—ly God himselfe the fountaâ—ne of justice the God of Order the preserver of humane society who detests of all tyranny cruelty oppression injustice out of his Philanthropie which brought the Sonne of his bosome from heaven to earth would never certainely in point of policy or conscience prohibit that which is the onely probable meanes and apparent remedy to prevent suppresse disorder tyranny cruelty oppression injustice yea confusion in the world and to preserve good order and humane society a truth so apparent that no rationall man can contradict it Therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence and hostile invasion made upon their people to ruine them or subvert their established government Laws Liberties Iustice Religion There being no other probable ordinary meanes left to any Kingdome Nation People to preserve their government lives Lawes Liberties Religion and to prevent suppresse or redresse tyrannie cruelty disorder confusion yea utter ruine when their Kings and Governors degenerate into Tyrants invading them with open force but onely defensive Armes prayers and teares alone without military opposition by force of Armes being no more able to defend a person City or Kingdome against Opprâ—ssing Princes and their Armies then against theeves Pyrates or common enemies whom they must and ought to resist as well with Armes as Orisons with Speares as well as Teares else they should but tempt the Lord and destroy themselves like those Iewes and Gothes who would not fight upon the Sabbath and so were slaine by their enemies without resistance yea wilfully suffer the Common-weale to be subverted Religion exâ—irpated Lawes trampled under feete their own posterities to be enslaved ruined without any opposition even in a moment For were it utterly unlawfull and no lesse then Treason or Rebellion in point of conscience for any subjects to take up Defensive Armes to resist the Kings army or forces consisting for the most part of Papists Delinquents deboist Athesticall persons of broken fortunes seared consciences and most irreligious lives I appeale to every mans conscience how soone these unresisted Instruments of cruelty would utterly extirpate our protestant Religion and common faith for which we are enjoyned earnestly to contend and strive 〈◊〉 3. Phil. 1. 27. 28. And shall we then yeeld it up and betray it to our adversaries without strife or resistance how sodainely would they ruin our Parliament Lawes Liberties subvert all civill order government erect an arbitrary Lawlesse tyrannicall Regency regulated by no lawes but will and lust how soone would they murther imprison execute our Noblest Lords Knights Burgesses best Ministers and Commonwealths-men for their fidelity to God their King and Country how many Noble families would they disinherite how many wives widdowes Virgins would they force and ravish what Cities what Countries would they not totally pillage plunder sack ruine consume with fire and sword how soone would our whole Kingdome become an Acheldama a wildernesse a desolation and the surviving inhabitants either slaves or beasts if not devils incarnate Yea how speedy might any private Officers Captaines Commanders by colour of illegall Comâ—issions and commands from the King or of their Offices and all the notorious rogues and theeves of England under colour of being listed in the Kings Army if the people might not in point of Law or Conscience resist them with Armes who came armed for to act their villanies maliciously rob spoyle plunder murther all the Kings leige people without any remedy or prevention and by this pretext that they are the Kings Souldiers sodainely seise and gaine all the armes treasure forts ammunition power of the Realme into their possessions in a moment and having thus strengthned themselves and slaine the Kings faithfull subjects usurpe the crown it selfe if they be ambitious as many private Captaines and Commanders have anciently slaine divers Roman and Grecian Emperours yea sundry Spanish Gothish and Moorish Kings in Spain by such practises and aspired to their Crowns of which there are sundry such like presidents in most other Realmes to prevent redres which severall destructive mischiefes to People Kingdome Kings themselves God himselfe hath left us no other certaine proper sufficient remedy but a forcible resistance which all Kingdomes Nations throughout the world haue constantly used in such cases as I shall manifest more largely in the Appendix Therefore certainely it must needs bee lawfull being Gods and Natures speciall Ordinance to secure innocent persons Cities Nations Kingdomes Lawes Liberties Lives Estates Religion and mankinde it selfe against the hurtfull Lusts of unnaturall Tyrants and their accursed instruments against ambitious treacherous male-contented Spirits maliciously bent against the publicke weale and peace There are two things onely which usually restraine inferiour persons from murthering robbing disseising injuring one another the one is feare of punishment by the Magistrate the other feare and danger of being resisted repulsed with shame and losse of limbe or life by those they violently assault injure and were this once beleeved received for Law or Divinity in the world that it were unlawful to resist repulse a theefe murtherer riotor or disseisor comming in the Kings name long enjoy his life goods liberty lands but some or other would deprive him of them notwithstanding all restraints of Lawes of penalties and maintaine suites against him with his owne estate violently seised on the right of lawfull defence being every
or quarrell may lawfully resist assault wound apprehend imprison slay depose iudge censure forraigne kings even to death as is apparent by Sâ—hon King of the Amorites and Og the kâ—ng of Bashan slain the King of Ai hanged by Ioshua the five kings of Canaan that besieged Gibeon on whose ne-ks Ioshua made his men of war to put their feet then smote slew and hanged them upon five trees Who also assaulted resisted imprisoned condemned slew executed divers other kings of Canaan to the number of thirty one in all by king Adonibezek Eglon Agag with other Heathen Kings imprisoned stabbed hewen in pieces by the Iâ—raelites If any obiect These kings were not actually annoynted which they cannot prove since Cyrus an Heathen King is stiled Gods annoynted no doubt Saul was an annoynted King if not the first in the world 1 Sam. 10. 1. yet he was justly resisted wounded pursued by the Philistines 1 Sam. 31. 3. Iosiah an annoynted good King was slain by Pharaoh Necho King of Egypt whom he rashly encountred King Ahab was slain by an Archer of the King of Assyria King Ioram and Ahaziah were both slain by Iehu by Gods command Iehoaaz was deposed by the King of Egypt Iehoiakim and Iehoiakin both deposed fettered and kept prisoners by the King of Babylon who also apprehended deposed judicially condemned King Zedechiah put out his eyes and sent him prisoner to Babylon bound with fetters of brasse So Manasses was deposed bound with fetters of brasse and carryed captive by the Captaines of the King of Assyria Amaziah King of Iudah was taken prisoner by Iehoash King of Israel Infinite are the presidents in stories where kings of one Nation in just warrs have been assaulted invaded imprisoned deposed slain by Princes and Subjects of another Nation and that justly as all grant without exception neither their annointing nor Kingship being any exemption or priviledge to them at all in respect of forraigners in cases of hostility to whom they are no Soveraigns no more then to any of their Subjects Whereas if this royall annointing did make their persons absolutly sacred and inviolable no forraign Princes or Subjects could justly apprehend imprison smite wound slay depose or execute them Secondly Kings who are suborordinate Homagers and Subjects to other Kings or Emperours though annointed may for Treasons and Rebellions against them be lawfully resisted assaulted imprisoned deposed judged to death and executed because as to them they are but Subjects notwithstanding their annointing as appears by sundry presidents in our own and forraign Histories and is generally confessed by the learned Thirdly the Roman Greek and German Emperours though annointed the ancient Kings of France Spain Arragon Britain Hungary Poland Denmarke Bohemia India Sparta and other places who were not absolute Monarchs have in former ages been lawfully resisted imprisoned deposed and some of them judicially adjudged to death and executed by their owne Senates Parliaments Diâ—ts States for their oppression mal-administration tyranny and that justly as Bodin Grotius with others affirm notwithstanding any pretence that they were annointed Soveraigns Fourthly Popes Bishops and Priests anciently were and at this present in the Romish Churches are actually annointed as well as Kings and we know the Popish Clergy and Canonists have frequently alledged this Text Touch not mine annointed and doe my Prophets no harme in Councels Decretalls and solemn debates in Parliament to prove their exemption from the arrests judgements capitall censures and proceedings of Kings and secular Iudges for any crimes whatsoever because forsooth they were Gods annointed intended in this Text not Kings therefore Kings and Seculars must not touch nor offer any the least violence to their persons no not in a way of justice By colour of this Text they exceedingly deluded the world in this particular for hundreds of yeeres But in the seventh yeer of Hen. the 8. in Dr. Standish his case debated before a Committee of both Houses of Parliament and all the Iudges of England this Text being chiefly insisted on to prove the Clergies exemption Jure Divino was wholly exploded in England and since that in Germany France other Realms and notwithstanding its protection many Popes Bishops and Clergy-men in all Kingdomes ages for all their annointing have for their misdemeanors not only been resisted apprehended imprisoned but deprived degraded hanged quartered burned as well as other men Yea Abiathar the High Priest was deposed by Salomon for his Treason against him notwithstanding his Annointing their annointing giving them not the smallest immunity to doe ill or not to suffer all kinds of corporall capitall punishments for their misdemeanors If this actuall annointing then cannot lawfully exempt or secure Priests and Prelates persons nor the Pope himselfe from the premises how then can it justly priviledge the persons of Kings Fifâ—hly among the Papists all infants either in their baptisme or confirmation are actually annointed with their consecrated Chrisme and with extream unction to boot at last cast which they make a Sacrament and so a thing of more divine soveraign Nature then the very annointing of Kings at their inauguration which they repute no Sacrament as being no where commanded by God But neither of these actuall unctions exempt all or any of those annointed with it from resistance or any corporall punishments or just censures of any kind therefore the very annointing of Kings cannot doe it Sixthly the Ceremony of annointing kings as Cassanaeus with others write is peculiar onely to the German Emperor the King of Ierusalem the King of France the King of England and the King of Sicily but to no other kings else who are neither annointed nor crowned as he affirmes so that it cannot give any priviledge at all to any but onely to these 4. not other kings who are not anointed Now seeing only these 4. kings are actually anointed yea lawfull Kings and their persons sacred even before they are annointed or crowned and other kings persons as of Spain Hungary Denmark Sweden Poland c. who are not annointed are as sacred as exempt from danger as those who are enoyled And seeing the annointing of kings is at this day a meer arbitrary humane Ceremony not injoyned by divine authority nor common to all Kings who are Kings before their Coronations it is most certain and infallible that this enoyling in and of it selfe derives no personall Prerogatives or Immunities at all to kings much lesse an absolute exemption from all actuall resistance in cases of unjust invasions on their Subjects or from the censures of their Parliaments for publike distructive exorbitances as most have hitherto blindly beleeved Neither will the frequent next objected speeches of David concerning Saul impeach the premises 1 Sam. 24. 6. 10. c. 26. 9. 11. 23. 2 Sam. 1. 12. 16. The Lord forbid that I should do this thing unto my Master the Lords Annointed
treacherously contrary to his League and Oath Berthgwin the 14. Bishop of Landaffe hearing thereof assembled a Synod of his Clergy at Landaffe and solemnly excommunicated the King with all his Progeny and Kingdom by uncovering the Altars casting down the Crosses on the earth and depriving the Countrey both of Baptisme and the Eucharist Whereupon the King unable to endure so great an excommunication with great deiection submitted himselfe to the Bishop and leaving his Kingdom went on pilgrimage into forraign parts for a long space after which returning by the intercession of king Morcant he obtained abâ—olution from the Bishop to whose enioyned penance he submitted himself conferring divers Lands upon the Church And in another Synod at Landaffe under this Bishop King Gurcan for living incestuously with his Mother-in-law was solemnly excommunicated in form aforesaid whereupon he craved pardon resolved to put away his Mother-in-law promised satisfaction by k. â—udhail his Intercessor upon which he was absolved upon promise of amendment of life with fasting prayer and almes after which he bestowed divers Lands on the Church Houell king of Gleuissig contrary to his Oath League trecherously circumverring and slaying Gallun hereupon Cerenhir the 18. Bishop of Landaffe calling a Synod solemnly excommunicated him by laying all the crosses on the ground overturning the Bells taking the Reliques from the Altar and casting them on the ground depriving him of all Christian communion under which excommunication he remained almost a whole yeers space After which this king came bare-foot to the Bishop imploring his absolution from this sentence with many teares which he obtained after publke penance enoyned Not long after the same Bishop and his Clergy in another Synod for the like crime in the self-same forme excommunicated Ili sonne of Conblus till he came bare-footed with teares and prayed absolution which upon performance of enjoyned penance promise of future reformation with prayers fasting almes and the setling of some Lands on the Church was granted him by the Bishop So Loumarch son of Cargnocaun was in a full Synod excommunicated by Gulfrid the 20. Bishop of this See for violating the patrimony of the Church and king Brochuail with his family convented before a Synoâ—e threatned Excommunication enjoyned Penance and satisfaction by the Synode for some injuries offered to to Ciueilliauc the two and twentieth Bishop of Landaffe Mauric King of of Glamorgan was excommunicated by Ioseph the eigth and twentieth Bishop of Landaffe for treachâ—rously putting out the eyes of Etguin during the truce between them After which he was again publikely excâ—mmunicated in a Synode for violating the Sanctuarie of the Church of Landaffe and hurting some of this Bishops servants and not absolved till he made his submission and did his Penance and gave some laâ—ds to the Church for satisfaction of these offence Thus Calgucam King of Morganauc and his whole family were solemnly excommunicated by Herâ—wald the nine and twentieth Bishop of Landaffe in a Synod of all his Clergy onely because one of the Kings followers being drunk laid violent hands upon Bathutis the Bishops Physitian and Kinsman on Christmas day Anno 1056. Whereupon all the Crosses and Reliques were cast to the ground the Bells overturned the Church doors stopped up with thorns so as they continued without a Pastor and Divine Service day and night for a long season till the King though innocent submitted himself to the Bishop and to obtain his absolution gave Henâ—inguinna to him and his Successors for ever free from all secular and royall services in the presence of all the Clergie and people So Richard the tenth Bishop of Bangor excommunicated David ap Lhewelin Prince of Wales for detaining his brother Griffith prisoner contrarie to his Oath repairing to him upon the Bishops word for his safe return who never left vexing him till he had delivered him up to to the King of Englands hands Many such presidents of Prelates censuring and excommunicating their Kings occur in Storie which for brevity I pretermit onely I shall inform you that Iohn Stratford Archbishop of Canterbury in the 14. year of K. Edw. 3 contesting with this King and excommunicating divers of his followers and all the infringers of the Churches Liberties presumed to write thus unto his Soveraign There are two things by which the world is principally governed The sacred Pontificall authority and the royall power of which the Priesthood is by so much the more weighty ponderous and sublima by how much they are to give an account of kings themselves at the Divine audit And therefore the kings Majesty ought to know that you ought to depend on their judgement not they to be regulated according to your will For who doubteth that the priests of Christ are accounted the FATHERS AND MASTERS of Kings Princes and all faithfull Christians Is it not known to be a part of miserable madnesse if the son should endeavour to subjugate the Father the servant the master to himself The Canonicall authority of Scriptures testifieth that divers Pontiffs have excommunicated some of them Kings others Emperours And if you require somewhat in speciall of the persons of Princes Saint Innocent smote the Emperour Archadius with the sword of excommunication because he consented that Saint John Chrysostom should be violently expelled from his See Likewise Saint Ambrose Archbishop of Millain for a fault which seemednot so hainous to other priests excommunicated the Emperour Theodosius the great From which sentence having first given condigne satisfation he afterwards deserved to be absolved and many such like examples may be alleaged both more certain for time and nearer for place Therefore no Bishops whatsoever neither may nor ought to be punished by the secular Power if they chance to offend through humane frailtie For it is the duty of a good and religious Prince to honour the Priests of God and defend them with greatest reverence inimitation of the Pious Prince of most happy memory Constantine saying when the cause of Priests was brought before him You cannot be iudged by any to wit of the secular judges who are reserved to the iudgement of God alone according to the assertion of the Apostle very ill applied saying The spirituall man is iudged of no man 1 Corinth 2. 15. Not mean of Bishops or Clergie-men but Saints alone endued with Gods Spirit not of judging in courts of iustice but of discerning spirituall things and their own spirituall Estates as the Context resolves Thus and much more this Prelate who notwithstanding this text of the Romanes pleads an exemption of all Bishops and Priests from the kings secular power by Divine Authority and arrogates to Priest and Prelates a iudiciary lawfull power over Kings themselves to excommunicate and censure them for their offences And to descend to later times even since the the Reformation of Religion here Iohn Bridges Dean of Sarum and Bishop of Oxfort even in his Book intituled The supremacy of Christian Princes over
ever used by the Apostles Evangelists Jewes to expresse the Emperour by but that of Caesar not this of King Therefore Peters Text speaking onely of the King not Caesar cannot be intended of the Romane Emperour as ignorant Doctors blindly fancie Fifthly This Epistle of Peter the Apostle of the Iews was written onely to the dispersed Iews thorowout Pontus Galatia Cappadocia Asia and Bythinia 1 Pet. 1. 1. over whom Herod at that time reigned as King by the Romane Senates and Emperours appointment who had then conquered the Iews and made them a tributarie Province as is evident by Matth. 27. 17 21. Mark 12. 14 16 17. Luke 20. 22 24 25. chap. 23. 2. Acts 17. 7. chap. 25. 8 10 11 12 21. chap. 27. 24. chap. 12. 1. to 24. compared together and by Iosepâ—us the Century writers Baronius Sigonius and others The King then here mentioned to be supreame was Herod or King Agrippa or some other immediate King of the Iews who was their supreame Governour not absolutely but under the Romane Senate and Emperours and made so by their appointment whence called in the Text an Ordinance of man not God Now this King of the Jews as is evident by Pauls Appeal to Caesar from Festus and King Agrippa as to the Soveraign Tribunall Acts 25. and 26. by Iosephus Pâ—ilo Iudâ—us de legatione ad Caium and the consent of all Historians was not the absolute Soveraigne Power but subordinate to the Romane Emperour and Senate who both created and bad power to controll remove and censure him for his misdemeanours yet Peter calls him here Supreame because the Highest Governour under them as we stile our Kings Supreame Governours under Christ. Therefore having a Superiour Governour and Power over him to which he was accountable and subordinate Supreame in the Text cannot be meant of a King absolutely Supreame having no Power Superiour to him but God but onely relatively Supreame in respect of under Governours there actually residing whose Supremacie being forcibly gained onely by conquest not free consent and the ancient native Kings of the Iews being inferiour to their whole Senates and Congregations and to do all by their advice as Iosephus Antiq. Iud. lib. 4. cap. 8. 2. Sam. 18. 3 4. Jer. 38. 45. 1. Chron. 13. 1. to 6. attest will no way advantage our Opposites nor advance the Prerogative of Kings since it extends onely to the King of the Jews that then was who was not simply Supream but a Subject Prince subordinate to the Romane State and Empire and one appointed by a Conquerour not freely chosen and assented to by the people So as all the Argument which can hence be extracted for the absolute Soveraigntie and irresistibility of Kings over their whole Kingdomes and Parliaments is but this The King of the Iews was in Peters time the Supreame Magistrate over that Nation by the Romane Senates and Emperours appointment to whom yet he was subordinate and accountable the Romanes having conquered the Iewes by force and imposing this government upon them without their consents Therefore the Kings of England and all other Kings are absolute Soveraigne Monarches Superiour to their whole Parliaments and Kingdomes collectively considered and may not in point of conscience be forcibly resisted by them though they endeavour to subvert Religion Laws Liberties How little coherence there is in this Argument the silliest childe may at first discern From these Scriptures I descend to Reasons deduced from them against resistance which I shall contract into three ArgumentS The first is this Kings are the Fathers Heads Lords Shepherds of the Common-wealth Ergo They ought not to be resisted in any their exorbitant proceedings it being unlawfull unseemly â—or a Son to resist his Father the Members the Head the Vassals their Lord the Flock their Shepherd To this I answer1 First They are Fathers Shepherds Lords Heads onely in an improper allegoricall not genuine sence therefore nothing can thence be properly inferred They are and ought to be such in respect of their loving and carefull affection towards their Subjects not in regard of their Soveraigne Power over them Therefore when their Tyrannie makes them not such in regard of care and affection to their people their people cease to be such in regard of filiall naturall and sheep-like submission When these Shepherds turn Wolves these Fathers Step-fathers the Subjects as to this cease to be their Sheep their Children in point of Obedience and Submission Secondly If we consider the Common-weal and Kingdom collectively Kings are rather their Kingdoms children then Parents because created by them their publike servants ministers for whose benefit they are imployed and receive wages not their Soveraigne Lords their subordinate Heads to be directed and advised by them not Tyrannically to over-rule them at their pleasure Therefore Paramount and able in such cases to resist them Thirdly Parishioners may no doubt lawfully resist the false Doctrinâ—s and open assâ—ults of their Ministers though they be their Spirituall Shepherds Citizens the violent oppressions of their Maiors though they be their Politique Heads Servants the unjust assâ—ults of their Masters though their lawfull Lords who may not misuse their very Villaines by Law And if Parents will violently assault their naturall children Husbands their Wives Masters their Servants to murther them without cause they may by Law resist repulse them with open force Fourthly A Son who is a Judge may lawfully resist imprison condemne his naturall Father A Servant his Lord A Parishioner his Pastour a Citizen his Major a meer Gentleman the greatest Peer or Lord as experience proves because they do it in another capacity as Judges and Ministers of publike Justice to which all are subject The Parliament then in this sence as they are the representative Body of the Realm not private Subjects and their Armies by their authority may as they are the highest Soveraign Power and Judicature resist the King and his Forces though he be their Father Head Shepherd Lord as they are private men Fifthly This is but the common exploded Argument of the Popish Clergy To prove themselves superiour to Kings and exempt from all secular Iurisdiction because they are spirituall Fathers Pâ—â—stors Heads to Kings who ought to obey not judge and censure them as Archbish. Stratford and others argue But this plea is no ways available to exempt Clergy men from secular Jurisdiction from actuall resistance of parties assaulted nor yet from imprisonment censures and capitall executions by Kings and Civill Magistrates in case of capitall Crimes Therefore by like reason it can not exempt Kings from the resistance censures of their Parliaments Kingdoms in case of tyrannicall invasions We deride this Argument in Papists as absurd as in sufficient to prove the exemption of Clergy men I wonder therefore why it is now urged to as little purpose against resistance of Tyrants and oppressing Kings and
King for the two next yeares so as the custome of Mal-tolt newly imposed on Woolls should be released and this grant not drawne hereafter into custome as a precedent to their prejudice Who acquainting the Commons therewith they after deliberation As to the Kings supply returned this Answer Num. 8 9. That they thought it meet the King should be supplyed and were ready to ayde him as they had alwayes formerly beene but yet as the ayde was granted in this case they durst not assent to it untill they had consulted and advised with the Commons in the Country for which end they craved time to goe into their Counties and that Writs might issue to summon another Parliament on the Octaves of Saint Hillary of the richest Knights in every Shire at a short day to come which was condescended to After which Num. 9 10 11. they gave this answer in writing concerning the three Articles propounded to them First As to the keeping of the peace of the Realme that the Justices of the Peace had sufficient power already to that purpose onely they adde that disturbers of the peace should not be let out of Prison but upon sufficient Bayle and that no Charters of pardon should be granted to Felons but by common consent in Parliament and all other pardons held as voyd To the second they answered That the King before his going beyond the Seas had taken so good order and appointed such sufficient Guardians to defend the Marches of Scotland who were best able to guard those parts that the enforcement of them by the Kings Councell would be sufficient without any charge to the Commons Only they ordered that every man who had Lands in the Marches of Scotland of what condition soever they were should reside upon them to defend them as it had beene formerly ordained without charge to the Commons To the third concerning the guard of the Seas The Commons prayed that they might not be charged to give Counsell in things of which they had no conisance or charge and that they were advised that the Barons of the Ports which at all times have honours before all the Commons of the Land and are so enfranchized to guard the Sea betweene us and strangers if so be it fals out that they will enter and assaile our Land that they contribute to no aydes nor charges on the said Land but receive profits without number arising by the Sea for the Guard aforesaid Wherefore the Commons are advised that they ought to maintaine a guard upon the Sea as the Commons do upon the Land without taking or demanding wages Likewise there are other great Townes and Havens which have a Navy that are in the same case and are bound to guard the Sea And as for the safeguard of the Watch-houses upon the Sea by Land let the guard of them be made by the advice of the Knights of the Shire where the said Guardians are assigned in the safest manner that may be without charge of the Commons And that the people of the Land of what condition soever which have lands on the Coast shall keepe residence upon those Lands the better to repulse the enemies from the Land so that for their abiding there they shall be discharged to give any aide toward the same guard elsewhere Num. 13. The Commons frame and demand a generall pardon upon grant whereof they promise to aide the King with monies Num. 14. They make an Ordinance for increase of monies in the Realme Num. 15. Because the ships of England went not out together in Fleetes to trade but severally out of desire of gaine and covetousnesse and so many of them were taken by the Enemies of the King and the men slaine and murthered to the dishonour of the King and the whole Realme it was agreed and assented in full Parliament that all the Navy should stay and be arrested till further order were given to the contrary Num. 16. It was accorded and assented in Parliament that the Bishops and Lords in the Parliament should send Letters to the Archbishop of Yorke and the Clergy of his Province under their Seales to excite them to grant a convenient ayd for the guard of the Marches of Scotland for the defence of the Church the Realme and themselves as the Clergy of the Province of Canterbury had done Num. 17. It is accorded that Master Robert de Scardeburgh shall be put into the Commission which shall be sent into the County of Yorke to survey the Array of the people which shall be chosen for the defence of the Realme in lieu of Sir Thomas de Blaston That Sir Richard Chastell shall be put in the Commission to survey the Array in the Counties of Notingham and Derby and Iohn Feriby in the County of Lancaster Num. 18. It is assented that the people of Holdernes shall be Arrayed taxed and make ayde for the guarding of the Marches of Scotland and other businesses of the King in those parts notwithstanding the Commission made to them to guard the Sea Num. 21. The Lords who have Lands towards the Marches of Scotland are commanded and prayed by writs and Letters to repaire thither for defence thereof namely the Lords of Ros Wake Mowbray Clifford and Master William Daubeny Steward of the Earle of Richmond and that those who could not in this case goe in proper person should send their people to the Lords in the Marches In the second Parliament held this yeare by appointment of the first Octabis Hilarii 13. Ed. 3. Num. 2. 5. Edward Duke of Cornwall Guardian of England in the Kings absence being hindered by other businesses to be present in this Parliament by Letters Patents under the Kings great Seale appointed the Archbishop of Canterbury and others to supply his place and hold the Parliament Num. 6 7 8 9. The Commons for the defence of the Realme Sea and Marches of Scotland granted the King thirty thousand sackes of Wooll and the Earles and Barons the ninth sheafe Fleece and Lambe within their Demesne Lands and agreed to raise a great summe of money presently to set out a fleet of Ships to Sea fraught with men of armes and archers for defence of the Realme Num. 10. All the Merchants of England were summoned by writ to appeare at Westminster in proper person to conferre upon great businesses concerning the Kings honour the salvation of the Realme and of themselves Num. 11. The Mariners of the Cinque-ports upon their departure promised to make their ships ready by Mid-Lent and were to receive a summe of money to helpe defray their charges herein and the men of the Cinque-ports promised to defray the moity of the costs and the Kings Counsell the other moity but not in name of wages but out of speciall grace and the Cinque-ports were to finde 21 ships of their owne and nine ships of the River of Thames Num. 12. The Mariners towards the West promised to finde 70. ships of an hundred Tunne
to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled shâ—uld lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the Country of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwickâ— Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about iâ— The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumber land and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten Bâ—rges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if
person or persons as the said Councell of warre should direct and that both those Treasurers and this Councell of warâ—e and all other persons trusted with the receiving issuing bestowing and imploying of those moneys or any part thereof their heires executors and administrators should be answerable and accomptable for their doings and proceedings therein to the Commons in Parliament when they shall be thereunto required by Warrant under the hand of the Speaker of the House of Commons for the time being and thereby they and every of them according to their severall places and imployments shall give a true and ready declaration and account of their severall respective dealings doings and proceeding therein and that the said Commons in Parliament shall have power by this Act to heare and determine the said account and all things thereto appertaining And withall they in this Act prescribe a specialloath to the Treasurers Not to issue out any moneys without the Warrant of the Councell of war under their hands And another oath to the Councell of warre To make no Warrant for any moneys issued which are given by this Act but for some of those ends which are expressed therein and that to the best of their meanes they should imploy the said moneys accordingly and that freely without requiring any reward or allowance whatsoever Which presidents with others forementioned made His Majesty return this Answer to the Petition of the Lords and Commons touching the Articles delivered February 2. 1641. For the securing you from all dangers or jealousies of any His Majesty will be content to put in all the places both of FORTS and MILITIA in the severall Counties such persons as both Houses of Parliament shall either approve or recommend unto Him so that you declare before unto His Majesty the names of the persons whom you approve or recommend unlesse such persons shall be named against whom He shall have just and unquestionable exception And thus much by way of supplement touching the Militia Concerning the Parliaments interest and right in electing and removing the Officers of the realme and the Kings meniall servants I shall onely adde these Precedents to the forementioned In the Parliament rolls â—4 E. 3. Nâ—m 1. Foure Bishops foure Earles and foure Barons were assigned to the King without whose consent or of foure of them no great businesse was to be transacted 14 E. 3. Num. 36. in the Parliament rolls The Parliament agreeth that the Duke of Cornwall be Custos of England during the Kings absence in the warres of France In the Parliament rolls of 1 R. 2. Num. 18. 19. The Commons requested first that it would please the King to ordaine and nominate to them now in this present Parliament some sufficient persons of divers estates to be continually resident of his counsell for the affaires of the King and of the realme and to have the Officers of the King of such persons who best knew and would and might most diligently travell for the redresse of the foresaid mischiefes and the good government and salvation of the realme so that the Commons may be clearely ascertained of the names of those Counsellors which shall be disbursers and orderers of that which they shall grant for the warres and thereby to have greater encouragement to doe to our Lord the King that which they have in charge concerning him as is aforesaid Also that it would please them to ordaine and nominate in this Parliament the persons which shall be about or have the custody of the person of our Lord the King himselfe who is of such tender age and that those persons shall be of the most vertuous honestest and sufficientest of the Realm so that our said Lord who is a person sacred and anointed be nobly governed and brought up in good vertues and manners to the pleasure of God whereby all the Realme may be secured and amended and that it be likewise orâ—dained that our Lord the King and â—is house be governed with good moderation and defray his expences onely out of the revenues of the Realme and other rights and seigniories of his Crowne And that all that which shall be granted to our Lord the King in maintenance of his wars shall be applied and expended in the warres and no part thereof otherwise in aid and discharge of his said commonaltie In the Parliament of 11. Richard 2. Num. 23. The Commons pray That no person of what state or condition he be should meddle with any manner of governance about the person of our Lord the King nor with the businesses of the Realm nor yet to councell our Lord the King but those Lords which are assigned and ordained in this present Parliament if it be not by ordinance of the continuall Councell and by assent of our Lord the King upon grievous paine And the same Lords which shall bee about the person of our Lord the King and of his Councell shall cause to remove all the persons which they think sit to remove in the houshold of our Lord the King without shewing favour to any and to put others in their places whom they shall think sufficient and vertuous And that the said Lords of the Councell be charged to keep and sustain the estate of our Lord the King in ' its regalty and to doe and use that which may turne to the honour and profit of our Lord the King and of his Realme to their power according to the form of the Oâ—â—h contained in a Schedule made in this present Parliament annexed hereunto to the intent that it may be notoriously known thorowout all the Realme that good and sufficient Councell is about the person of our Lord the King to the comfort of all his Commons and firme assurance and establishmeâ—t of the Realme aforesaid the which Oath was made in forme ensuing You shall swear That you will not assent nor yet suffer as much as in you lieth That any Judgement 〈◊〉 or Ordinance made or given in this present Parliament be any way annulled reversed or repealed in any time to come and moreover That you shall keep the good Laws and usages of the Realme afore these times made and used and shall firmely keep and cause to be kept good peace quiet and tranquillity in the Realm â—according to your power without disturbing them in any manner So helpe me God and his Saints The Answer As to the first point of this Article the King wilâ— it And as to the second point If there be any Lord of the Councell or other Lord of the Realme which will informe the King That he hath any person about him not sufficient nor honest he wils that it being proved he shall be outed and removed and another sufficient by his advice put in his place In the Parliament of 5. Henry 4. Num. 16. Upon certain prayers and requests made before by the Commons divers times touching the removing of divers persons as well aliens and others by reason of
Commons and the Lords and they the whole Realm and all the people of England so that what ever Tax is imposed and assented to by them or by both Houses onely without the King who represents no man but Himselfe alone is in point of Law imposed and assented to by all the Commons and whole Realm of England as the recitals in all our Statutes and Law-bookes resolve though the King assent not to it If therefore as our Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor and the like by all or the greater part of the Corporations Parishioners Tenants and Taxes imposed by them for the Common good as repairing of Churches High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings assent Then by the same or better reason the imposiâ—ions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament representing the whole Commons and Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought in point of Law to oblige all the Subjects in this case of necessity at least as long as the Parliament continues sitting and this their representation of them remains entire especially being for the necessary defence of the Parliament Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremley This I shall further cleare by some ancient and late judgements in point Mâ—ch 14. Ed. 2. rot 60. in the Kings Bench William Heybâ—rne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Not guilty the Jury â—ound a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Maâ—kes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe nothing but by his consent as a servant to him and the Commonalty of Durham therefore he was no trespâ—sser Which case was agreed for good Law by all the Iudges in the late Case of Ship-money argued in the Exchequer Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance where of they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted the Lords and Commons considering what a solemne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Proteâ—tant Râ—ligion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the sam c. as in the Protestation made by both Houses consents when fullest And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament for the necessary defence of the Realm the Subjects Parliaments Priviledges Rights and the Reformed Religion all actually invaded endangered by an Ordinance of both Houses without the Kings consent then absent from and in open hostilitie against them impose a generall Assessement upon all the Subjects NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES And for non-payment prescribe a distresse c. Why this Assessement in this case of necessitie being thus made by assent of both Houses and so of all the Kingdom in them in pursuance of this Protestation should not as legally yea more justly oblige every particular subject though the King assented not thereto as well as that agreement of the men of Durham did oblige them even in point of Law Justice Conscience transcends my capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searched and measured before they were sold and that a penny should be paid for every Cloth for the Officer that did the same and that six shillings eight pence should be forfeited for every Cloth not brought thither and searched was good to binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assent of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assâ—ssing of a certain summe of Money upon every Inhabitant for the erecting of Courts there the Terme being then adjourned thither from London by reason of the Plague with a penalty to be levyed by distresse for non-payment of this Tax was good to bindâ— all the Inhabitants there because it was for the publike good Mich. 31. and 32. Eliz. in the Kings Bench Williamâ— Iefferies Case and Pasch. 41. Eliz. Pagets Case it was
at this day after three convictions is to be banished out of Westminster and rowed over the Thames from thence thorough the water at the tayl of a Boat for the quiet of the City Then much more may any private seditious turbulent Malignants be justly restrained to some safe places where they may do no harme till the warres and troubles be ended or themselves reclaimed Fifthly By the Common and Staetute Law of the Realm yea by Magna Charta it self cap. 30. the Lands Rents Goods and Persons of Priors and other aliens Merchants or others residing in England may be and have been usually seized on and sâ—cured or else their persons banished the Realm and lorders of England during the warres with others of that Nation least they should assist them in the warres with their Estates persons or intelligences or betray the Kingdom or places where they resided to the Enemy And upon this ground by the expresse Statutes of 2. H. 4. cap. 12. 20. 1. H. 4. cap. 7 8. 3. H. 5. cap. 3. 4. H. 5. cap. 6. 1. H. 6. cap. 3. the Irish Brittains Welshmen and Scots because we had frequent Warreâ— with them were not permitted to purchase either Houses or Lands or to remain in any Fort Town or City neer the Borders of Scotland or Wâ—lâ—s but banished thence and their Goods and persons seised on in times of warre to prevent trâ—achery intelligence and assistance of the Enemy A thing generally practised and warranted in all States and Kingdoms as well as in England â—y the very Law of Nations as just and necessary in times of warres as Martinus Laudensis de Repraesaliis de Bello Henricus Ranzovius his Commentarius Bellicus Geergius Obbrâ—ctus Disput Iuridica de Bello Henricus Boeâ—rus de Iure Prâ—gnae Hugo Grotius Albericus Gentilis in their Books de Iure Belli and all Historians evidence Therefore lawfull for the Parliament to practise at this present as well as the King or any others Sixthly In times of Forraign Invasions the Parliament hath enjoyned all Inhabitants neer the Sea-coasts or Marches of Scotland and Walâ—s to repair to their Houses and Lands therâ— with all their Families for the dâ—fence and safetie of the Realm under pain of imprisonment and confiâ—cation of their Goods and Revenues there and elsewhere as is evident by 13. E. 3. nu 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. c. 4. the Statutes confining Papists to their Houses and sundry other Presidents Therefore by like reason they may confine Malignants in times of warre for the publike peace and safetie and disarme them to for a time a Constables may by the Law disarme and imprison peace-breakers fray-makers riotors and others to prevent bloodshed quarrels and preserve the publike peace Thirdly For the plundering of Malignants and sequestring their Estates I answer that I think the Parliament never yet approved the plundering or in plain English robbing of any man by any of their forces they having plundered no places taken by assault for ought I hear though the Kings forces on the contrary have miserably plundered all the Kingdom almost except the Papists who are most exempted from this rapine and some few chief Malignants yea those very Persons Souldiers Cities Towns which by their very Articles of surrender were not to be plundered witnesse Taunton Bridgewater Bristol Gainsboâ—ow where many have been pillaged to their naked skins notwithstanding their Ariticles of agreement solemnely sworn to depart quietly with bag and baggage without interruption and the Towns to be free from plunder contraty to the very Law of warre and Arms which may instruct all others not to trust them henceforth If any of the Parliaments forces have misbehaved themselves in plundering any Malignants or disaffected persons more then by seising of their Arms distraining their Goods for imposed Assessements or sequestring their Plate Moneyes Estates for the publike service upon promise of repayment and restitution I know the Houses have publikely by expresse Ordinances inhibited disavowed the fact and exposed the disorderly Delinquents to condigne punishments even to the losse of their lives if any please to prosecute them by way of inditement or Martiall Law For my part I abhorre all violence plunder rapine and disorders in Souldiers as contrary to the Law of God Obadiah 10. to 16. Luke 3. 14. and leave those who are guiltie of them to the severest publike justice as offenders against the Law of Nature of Nations of the Land yea of Warre it self But God forbid the Parliament should be unjustly charged with all the misdemeanours of their Souldiers which they prohibit detest censure more then the King with all the barbarous rapes murthers cruelties rapines and monstrous insolencies which his Cavaliers every where perpetrate without punishment or restraint especially the blood-thirsty Irish Popish Rebels among them who having shed so much English Protestants blood in Ireland ere they came over hither of which they vaunt is such an high dishonour to God and the English Nation if their own blood be not shed for it by the hand of vengeance here that I wonder with what face or spirit His Majâ—stie or any English Protestant can patiently suffer these Irish Rebels to shed any more Protestant English bloud or breath in English ayre who have cut the throats of so many thousand innocent English both here and elsewhere and are like to cut all our throats ere long as they have designed unlesse their throats be first cut by us But yet for the plundering of such Malignants goods and houses who are opposite to the whole Kingdom and Parliament and will not joyn with them in the common cause which concerns us all as it hath sundry patterns in the Barons Warres against the Poictovines and their faction in Henry the third his raign and after wards against the Spensers in Edward the second dayes formerly touched so it hath one observeable generall resolution of the whole body of the Lords and Commons warranting it in King Iohns raign even then when they all took up Armes to enforce him to confirm the great Charter it self which our Opposites cry out to be violated by the Parliaments moderate sâ—isures onely by way of distresse or sequestration For the Barons Knights and Commons with their whole Army being met together in London which joyned with them to gain this Charter from the King sent from thence Letters to all the Earls Barons and Knights throughout England who seemed though but fainedly to adhere to the King exhorting them with this Commination That as they loved the indemnitie of their Goods and possessions they should desert a perjured King and adhearing faithfully to them should with them inviolably stand and effectually contend for the Liberties and Peace of the Kingdom which if they contemned to do thâ—y would with force of Arms and Banners displayed MARCH AGAINST THEM AS PUBLIKE ENEMIES SUBVERT THEIR CASTLES BURN THEIR HOUSES AND EDIFICES AND NOT
CEASE TO DESTROY THEIR PONDS PARKES AND ORCHARDS Whereupon all the Lords Knights and People deserting the King who had scarce seven Knights iâ— all left with him confederated themselves to the Barons in the Common Cause wherein to be a Neuter was to be an enemy and no member of the politicke body in which all were equally engaged Whereupon the King thus deserted by all condescended speedily to their demands and confirmed the great Charter much against his will A very apt President for these times which would make the people more unanimous faithfull and couragious for the Common Cause if but imitated in the commination onely though never put into actuall execution he being unworthy once to enjoy any priviledge of a free-born Subject in the Kingdom who will not joyn with the Parliament and Kingdom to defend his Libertie and the Kingdoms priviledges in which he hath as great a common share as those who stand pay and fight most for them It is a good Cause of disfranchising any man out of any Citie Corporation or Company and to deprive him of the Priviledges of them if he refuse to contribute towards the common support defence or maintenance of them or joyn in open hostilitie contributions or suites against them There is the same and greater reason of the generall Citie and Corporation of the whole Realm to which we are all most engaged and therefore those who refuse to contribute towards the defence and preservation of it if able or by their persons purses intelligence or counsell give any assistance to the common enemy against it deserve to be disfranchised out of it to have no priviledge or protection by it and to be proceeded against as utter enemies to it Christs rule being here most true He that is not with me is against me and he that gathereth not with me scatterâ—th abroad The Common-wealth of which we are members hath by way of originall contract for mutuall assistance and defence seconded by the late Protestation and Covenant a greater interest in our Persons and Estates then we our selves or the King and if we refuse to ayd the republike of which we are members in times of common danger with our Persons Abilities Goods or assist the common enemy with either of them we thereby betray our trust and fidelitie violate our Covenants to the Republike and expose our bodies to restraint our estates to confiscation for this most unnaturall treachery and sordid nigguardlinesse as well as for Treason Fellony or other more petty injuries against the State or humane societie made capitall by the Laws most justly for the publike service of the State which hath a generall Soveraign Interest in them in all times of need paramount our private Rights which must alwayes submit to the publike and lose all our formerly enjoyed Priviledges either of Laws Liberties or free-born Subjects if we refuse to defend or endeavour to betray them as the Laws and common practise of all Nations evidence In the Barons warres against King Iohn Henry the third and Edward the second in defence of their Liberties and Laws they seised upon the Castles Forts and Revenues of the Crown and upon the Moneyes and Goods of the Priors aliens and malignant Poictovines which they imployed in the Kingdoms service Eodem tempore Castellanus de Dovera Richardus de Gray vir fidelis strenuus qui ex parte Baronum ibidem constituebatur omnes transeuntes transituros diligenter considerabat cuncta prudenter perscrutando invenit NON MODICUM THESAURUM paratum dictis Pictaviensibus clanculo deferendum qui TOTUS CAPTUS EST IN CASTRO RESERUANDUS Similiter Londini apud novum Templum THE SAURUS MAXIMUS de cujus quantitate audientes mirabantur quem reposuerunt Pictavienses memorati licet contradicentes reniterenter Hospitelarii CAPTUS cst AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS writes Rishanger the continuer of Matthew Paris a good President for the present times After which the Barons banished all the Poictovine Malignants who miscounselled and adhered to the King out of England Anno 1260 who Anno 1261. were all banished out of London and other Cities and Forts An. 1234. The Earl Marshall having routed John of Monmouth his forces which assisted King Henry the third against the Barons in Wales he wasted all the said Johns Villages and Edifices and all things that were his with sword and fire and so of a rich man made him poor and indigent In the very Christmas holy-dayes there was a grievous warre kindled against the King and his evill Counsellors For Richard Suard conjoyning other Exiles to him entred the Lands of Richard Earl of Cornwall the Kings brother lying not farre from Behull and burned them together with the Houses and the Cornâ— the Oxen in the Ox-stalls the Horses in the stables the Sheep in the Sheep-cots they likewise burned Segrave the native soly of Stephen Iusticiar of England with very sumptuous Houses Oxen and Corne and likewise brought away many horses of great price returning thence with spoils and other things They likewise burned down a certain village of the Bishop of Winchesters not farre from thence and took away the spoils with other things there found But the foresaid Warriers had constituted this laudable generall rule among themselves that they would do no harme to any one nor hurt any one BUT THE WICKED COUNSELLERS OF THE KING by whom they were banished and those things that were theirs they burnt with fire extirpating their Woods Orchards and such like by the very Roots This they did then de facto de Jure I dare not approve it though in Cases of Attaint and Felony the very Common Law to terrifie others gives sentence against perjured Juries Traytors and Felons in some Cases that their houses shall be raced to the ground their Woods Parkes Orchards Ponds cut down and destroyed their Meadowes and Pastures plowed up and defaced though not so great Enemiâ—s to the State as evill Counsellors Anno 1264. the forty eight yeers of Henry the third his raign The King keeping his Christmas with the Queen Richard King of Romans and many others at London Simon Montford the Captain of the Barons at the same time preyed upon the Goods of these who adheared to the King and especially those of the Queens retinue brought by her into England whom they called Aliens Among others some of the Barons forces took Peter a Burgundian Bishop of Hereford in his Cathedrall Church and led him prisoner to the Castle of Ordeley and divided his treasure between themselves and took divers others of the Kings partie prisoners Who thereupon fearing least he should be besieged in the Tower by the Barons army by the mediation of timorous men be made peace with the Barons for a time promising inviolably to observe the Provisions of Oxford that all the Kings Castles thoroughout England should be
Denmarke Poland Sweden Scotland yea of Iudah Israel and others mentioned in the Scripture the Supreame Soveraignty and Power resided not in the Emperours and Kings themselves but in their Kingdomes Senates Parliaements People who had not onâ—y a power to restrain but censure and remove their Emperours and Princes for their Tyranny and misgovernmenâ— With an Answer to the Principal Arguments to prove Kings above their whole Kingdomes and Parliaments and not questionable nor accountable to them nor censurable by them for any exerbitant Actions HAving finished the preceding Treatise which asserts The Supreame Authority and Soveraigne Power in the Realme of England legally and really to reside in the whole Kingdome and Parliament which represents it not in the Kings Person who is inferiour to the Parliament A Doctrine quite contrary to what Court Prelates and Chaplaines have for sundry yeeres inculcated into our Kings and People who preach little else but Tyranny to the one and Slavery to the other to support their owne Lordly Prelacy and hinder an exact Church Reformation and directly opposite to the resolutions of many malignant Courtiers Lawyers and Counsellours about His Majesty who have either out of ignorance or malice created him a new Utopian absolute Royall Prerogative unknowne to our Ancestors not bottomed on the Lawes of God or the Realm for maintenance of each Punctilio whereof against the Parliaments pretended Encroachments the whole Kingdome must be engaged in a destructive civill Warre now like to ruine it I could not but conjecture how in all probability these Clergy men Courtiers and Lawyers out of their unskilfulnesse in true Divinity History Law and Policy would upon the first tydings of this strange Doctrine passe a sentence of Excommunication and death against it as guilty not onely of Heresie but High Treason and judge it such a monstrous Antimonarchicall Paradox as was never heard of in much lesse claimed or practised by any Kingdome Realm or Monarchy whatsoever To anticipate which rash censures and undeceive both Kings and Subjects whom these grosse Parasites have over-long seduced in this point to their prejudices convince the consciences of all gainsaying Malignants irradiate this long obscured verity whose seasonable discovery may through Gods blessing conduce very much to period the present Differences between King and Parliament touching matters of Prerogatives and Priviledges claimed by either I conceived it not only expedient but necessary to back the forecited presidents of our own Kingdom with paralelled examples in most forraign Realmes and Monarchies in which it is not mannerly to be overbusie without just cause which I have faithfully though suddenly collected out of the best approved Authors and Historians whereby I shall infallibly prove that in the Roman State and Empire at the first in the Greek Empire since in the German Empire heretofore and now in the ancient Kingdomes of Greece Egypt India and elsewhere in the Kingdomes of France Spaine Hungary Bohemia Denmarke Sweden Poland Scotland and most other Kingdomes in the world yea in the Kingdomes of Iudah and Israel and others mentioned in Scripture the Highest Soveraigne Authority both to elect continue limit correct depose their Emperours and Kings to bound their royall power and prerogatives to enact Lawes create new Offices and formes of Government resided alwayes in these whole Kingdomes Senates Dyets Parliaments People not in the Emperors Kings or Princes persons I shall begin with the Roman State as having much affinity with ours which was long under their command heretofore After the building of Rome by Romulus and Remus Romulus being elected King divided the people into two Rankes those of the highest and richest quality he stiled Senators making them a Court of Counsell and Iustice much like our House of Peeres the other he termed The People being the body of the State and representing our House of Commons In this distinction made by the Peoples consent the Soveraigne Authority to elect Succeeding Kings to enact binding Lawes to make warre or peace and the like rested not in the Kings person but in the Senate and people joyntly if they accorded yet principally in the people in case either of assent or dissent between them their very Kings and Lawes having their greatest power and efficacy chiefly from the peoples election and assent To begin first with their Kings Election and Authority when Romulus their first King deceased there arose a great controversie in Rome about the Election of a new King for though they all agreed to have a King yet who should chuse him and out of what Nation he should be elected was then controverted In the Interim to avoid confusion the Senators being 150. divided the Regall power between them so as every one in his turne in Royall Robes should doe Sacrifice to the Gods and execute Justice six houres in the nighttime and six houres in the day which tended to preserve an equality among the Senators and to diminish the envie of the people when in the space of one night and day they should see one and the same man both a King and a private person But the people disliking this Interregnum as tending to put off the Election of a King that the Senators might keep the principallity and divide it among themselves cried out that their bondage was multiplyed having an hundred Lords made instead of one neither would they suffer it any longer unlesse they would admit a King created by themselves Hereupon the Senate thinking it best to offer the people that which they were like to lose to gaine their favour Summa potestate populo permissa permitted to the people the chiefe power of Electing a King but yet that they might not give away more right then they deteined they decreed That when the people had commanded and elected a King it should be ratified if the Senators should approve it or be reputed the authors of it Then the Interex assembling the people spake thus unto them O Romans REGEM ELIGITE chuse yea King so the Senators thinke fit and if he be one worthy to succeed Romulus they will approve him This was so gratefull to the people that left they should be overcome with the benefit they commanded that the Senate should decree who should reigne at Rome At last Numa Pompilius was named and none of the people or Senate daring to preferre any before him all of them joyntly decreed that the Kingdome should be conferred upon him Whence Canubius the Tribune of the people in his Speech against the Consuls long after used these words Numa Pompilius POPULI â— JUSSU Patres autoribus Romae Regnavit Reges exacti JUSSU POPULI which manifests the chiefe power to be in the people Numa departing Tullus Hostilius by the peoples command consent and approbation was made King which Livy thus expresseth Tullum Hostilium REGEM POPULUS JUSSIT patres auctores facti After him the people created Ancus Martius King Regem POPULUS CREAVIT patres fuêre auctores After him
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
usurpation as many conceive it not of right by their Parliaments and kingdomes free grants and consents they are still in truth of no greater Authority nor no more exempted from iust censures then their predecessours Now it is clear that in ancient times the 3. Estates and great Councell of France assembled in Parliament and their twelve Peeres or kings as Fabian termes them were the highest power and judicature from which there was no appeale that the Kiâ—gs of France could make no binding Lawes but by their Authority though now of late they doe what they please and that they have judged the differences between the Crownes of England and France as I have formerly proved and exercised the same or as great authority as the Parliament of England hath done which authority it hath lost by certaine degrees To give a few more instances to cleare this truth Pharamond the first King of the Franks that Reigned in France An. 420. was elected King by the unanimous vote and consent of all the people and by their advice and consent in his Raign the Salique Law was made to Regulate the discent of the Crowne that no women should be heires to it or claime it by discent which Law continues of force unâ—ill this day as all the French historians generally accord who make frequent mention of it though our English have much oppugned it as you may read in Hall and Speed Childericus the fourth King of France about the yeare 460. giving himselfe to all vice and cruelty in such extreame wise that hee became odible to his subjâ—cts percâ—iving the murmur of the people and fearing his sudden destruction by the counsell of Guynemeus fled out of his kingdome to Beseigne king of Thuringes Whereupon the French-men with one assent chose Gyll a Roman for their King and governour who laying grieveous Taxes upon his Subjects by the fraudulent counsel of Guynemeus a fast friend to Childericus and using sharp execution upon some of the Nobles so farre discontented his subiects that by the helpe of Guynemeus they deposed and chased him into Soysons and sending for Childericus againe restored and made him King after whose death his sonne Clodoviuâ— was by the people ordained and authorised for King of France between whose foure sonnes it was afterwards divided After the death of Chilpericus Clotharius being very young Gunthranus king of Orleans his uncle with the assent of the Nobles of the Realme was made his Tutor who comming to age hee offered to referre the differences between Sigebert and himselfe touching Austracy to which both laid claime to an Assembly of the Lords of that Kingdome and condemned Queen Brunicheild by the unanimous consent of the Lords to bee tyed by the haire of her head to a wilde horse taile and so to be drawed while shee was dead for her many murthers and criminous deeds which was accordingly executed King Dagobert exercised such tyranny and iniustice in pillaging his commons by Exactions and Tributes that those who dwelled in the out parts of the Realme neere the Turkes and other strange Nations chose rather to put themselves under their government than under the Rule of their owne naturall prince Poytiers rebelled against him his Lâ—ds murmured so much against him that Pipin and Martain two of his great Lords and agents to save his Crown dissuaded him from his ill counsells whence a little before his death calling a great counsell of his Lords Spirituall and Temporall hee made his will and setled his Kingdome by their advice dividing it between his two sonnes Theodoricus king of France giving himselfe to sloath and idlenesse committed the government of the Realme to Ebroyn Mr. of his Palace who did what he liked and vexed and troubled the Subiects grievously wherefore by assent the Lords assembled them and by authority deprived the King of all Dignity and closed him in a Monastery during the residue of his life when he had borne the name of a King without executing of the art thereunto belonging three yeares the cruell Ebroyn they exiled to Luxenbourgh during life making Childericus brâ—ther to Theodericus King Ann. 669. who oppressing his subiects grievously and using the Lawes of his progenitors after his pleasure and uniustly causing a Noble-man called Belin to bee tyed to a stake and beaten to death without guilt or Trespasse Hereupon the Lords and Commons fearing like punishment without deserving murmured and conspired against him and slew him and his wife then great with Childe as they were hunting in a wood After which they restored Theodericus whom they had deposed to his former dignity under whom Ebroyn getting into place and favour againe used such Tyrannie towards the Nobles and People that Pipin and Martaine raised a great army against him lest he should destroy the Common-weale gave him battell and at last Hermefreditus slew him After which Pipin was made Master of the Palace in his place K. Dagobert the second dying without any Issue or knowne Heâ—re at all one Daniel after named Chilpericke a Priest was by the Lords and peoples generall assent chosen King of France Anno 721. for that by their former experience of him they deemed him apt for the rule of the Land After whose death Theodoricus sonne to Dagobert secretly fostered among Nunnes within Nunneries in womans cloathing was espied and admitted for King During most of the forenamed Kings the grand Master of the Palace swayed the Kingdome at his pleasure and executed the Office of the Kings who had nothing but the bare name of Kings and were subject to this grand Officer Whereupon Theodoricus dying Childericus his sonne being a Sott and for his dulnesse unfit to governe Charles Martell Master of the Palace who swayed all things in Theodoricus raigne deceasing his two sons Charlemaine and Pipin by the advice of the Nobles of the Land considering the insufficiency of the King to rule so great a charge divided the Land of France betweene them so that either of them should under the King Rule and Governe such proportion as then there was to them appointed Charlemayne soone after renounced his Government and turned Monke and Pipin as onely Ruler tooke upon him the charge of the whole Realme Pipin then considering in his minde in what danger and trouble before him his Father and he now had ruled the Land and that the King to whom belonged all the charge kept his Palaces and followed all his delights and pleasures without taking any paine for reformation of the same sent an ambassage to Pope Zachary asking his advice in point of conscience Whether it were more necessary or wealfull for the Realme of France that he should be admitted for King that did nothing but apply his minde to all bodily pleasures without care and charge taken upon him for the guarding of the Land and the People of the same or he that tooke upon him all the charge and paine in defence of the Land and keeping of the
the Duke sent out Commissions and assembled the Three Estates againe at Paris the 15. day of February Where in the parliament chamber in the presence of the Duke Estates and divers Nobles Robert Coke Bishop of Laon by command of the Duke made a long Oration of the misguiding the King and the Land by meanes of evill Officers as well by changing of money as other many unlawfull Excises and Taxes to the great impoverishment of the Commonalty of the Realme and to the singular enriching and advancement of the said Officers Wherefore the Three Estates prayed that all such Officers may be removed from their Offices and other that shall be thought more beneficiall for the King and his Realme to be admitted Of which Officers the Archbishop of Roan then newly made Cardinall was noted for one and other to the number of 21. whereof some were right neere to the Duke After which Oration Sir Iohn de Pigquine in the name of the Three Estates offered That the Three Estates should finde to the King 30000. men for an whole yeare so as all things might after that day be ordered as the Bishop had before devised All which Articles were unto them by the Duke granted and incontinently all such Officers as they before had named were cleanly avoided and other such as by the said 3. Estates were thought most necessary were put and chosen to their roomes except that some of the old as Masters of Accounts and some of the Prâ—â—sidents and Masters of the Requests were holden in for a time to shew unto the new how they should order and guide their said Offices And the 26 of March was a new money proclaimed thorow Paris such as the said 3. Estates had newly devised The King informed of this sends the Archbishop of Sennes and two Earles from Burdeaux where he was prisoner with a Proclamation which they caused to be proclaimed in Paris the 6. of April That the people should not pay such Subsidies as the 3. Estates had ordained for the waging of the 30000. men aforesaid or for the Kings fine and also that the 3. Estates after that day should no more assemble for any causes or matter before touched till they had farther knowledge of the Kings pleasure For which Proclamation the Citizens of Paris much blamed the said Bishop and Earles who purchased it who as soone as this Proclamation was made for feare of the people fled from Paris Vpon this Proclamation the Commons waxed so mad that they left their occupations drew them to Conventicles and Companies and used many unfitting words of the King and his Counsell Whereupon to avoid inconvenience the Duke commanded a Watch to be kept in the City day and night and certaine Gates of the City to bee kept shut Vpon the 9. day of April another Proclamation was made all contrary to that other By vertue whereof it was charged that the fore-said Subsidies should bee levyed and also that the 3. Estates shouldre-assemble at Paris the 5. day after Easter and there to proceed upon all such matters as were before by them begaâ— When the Estates meet againe there grew a difference between them and the Duke about the subsidies for the finding of 30000. men the summe assessed for that puâ—pose being too small by much the Clergy and Lords thâ—n refusing to pay any more then they were first sessed unto By meanes of which difference the assembly of State was dissolved Whereupon strait command was given by the Duke to the Provost of Paris and others who bare principall sway within the City and were great stricklers and doers in the Assemblies of the 3. Estates so that much of the businesse was ruled by them and their meanes that they should cease their Authority and not to deale any more with the rule of the Realme but onely with the good rule and government of the City of Paris That done the Duke rode about to divers good Townes making request to them for ayde and to have this new money currant among them But he sped little of his purpose Then shortly after he assembled at Paris certaine person of 20. or 30. Townes next adjoyning with whom he held a Counsell for sundry dayes who in the end shewed him that they might bring no thing to effect without the assembling the 3. states besought him that they might be eft-soon assembled trusting that they would then satisfie his minde Upon which the Duke sent forth Commissions charging the said 3. Estates to appeare before him at Paris the next Wednesday after All Saints day which they did where the Duke condiscending to their former Articles he gave the King of Navarre and the 3. Estates full content who promised that they would demeane themselves to his Father and him as true and dutifull Subâ—ects and advising 〈◊〉 to take upon him the Government of the Realme they created him Regent of France during his fathers imprisonment After this hee assembled the Estates and chiefe Burgesses of Cities at Paris and acquainted them with the King of Englands large demands for his fathers inlargement which were so displeasing to all the company that they answered The said Treatie was neither honourable nor profitable And rather then the King should binde him and his land to such inconveniences they would prepare to mâ—ke sharpe Warre against England whereupon they granted to finde divers thousands of men at Arms at their owne costs for certain moneths to relieve the King And at another Parliament assembled when Iohn was dead and Charles came to the Crowne they granted an excise of every 4 penny of all things bought and sold for the maintenance of his warres the spiritualty granted him a disme and the Lords and Gentlemen were stinted at a certaine And in the eleventh yeare of his reigne he assembled his great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicâ—gerent was by the advice of the major part of the Lords
for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects â—o the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friendâ— and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgoine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pâ—essing the people with quoâ—idian taxes and â—allages and the spirituall men with dismes and other exactions he was at length discharged of that digniâ—ie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke of Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lâ—wes the eleventh as Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as his chiefe Councellors villaines and men of low birth as Iohn de Lude Iohn Balâ—a Oliver Devill whosâ— name for odiousnesse he changed into Daman with others whom he promoted to great honours and places VVhereupon the Lords murmured and were so discontented that the Duke of Brittaine and others withdrew them from the king and refused to come unto his presence when he sent for them raising a great power And when no peace could be mediated betweene the king and them they met in a plaine battell at Chartres where many were slaine on both sides but the king lost the field After which an accord was made betweene them but the king continued his old courses delighting more in the company of lewd irreverent persons to eate and drink with them and to heare them talke of ribaldry and vicious fables then to accompany his Lords which might have won him much honour going liker a Serving man then a Prince and being a great oppressor of his subjects to maintaine hiâ— prodigality for lack of money he was driven of necessitie to aske a preste of the citizens of Paris who after many excuses which might not be allowed they lastly denyed the kings pleasure VVherewithall he being
with all shame brought to the Market place at Paris and there bereft of both his ears and then banished the Court for ever by reason whereof arose this proverbe among the Frenchmen Principibus obsequi haeredit arium non esse The favour of Princes is not hereditary Philip de Commines living under Lewes the eleventh and Charles the eighth by whom he was made Lord of Argenton being in high favour with them and a great Councellor of State hath this notable passage against the French Kings power then to impose any taxes on their Subjects without their free assents in a Parliament of the 3. Estates though the contrary be now daily practised to the intollerable grievance of the subjects Is there any King or Prince that hath power to leavie one penny upon his subjects besides his demains without leave or consent of those that must pay it unlesse it be by tyrannie and violence A man will say that sometime a Prince cannot tarry to assemble his Estates because it would require too long time Whereunto I answerâ— That if he move a Warre offensive there needeth no such haste for he may have leisure enough at his owne pleasure to make preparation and further he shall be much stronger and much more feared of his enemies when he moveth warre with the consent of his subjects then otherwise Now as touching a warre defensive that Cloud is seene long before the tempest fall especially when it is a forraine warre and in this case good subjects ought not to complaine nor to refuse any thing that is laid upon them Notwithstanding such invasion cannot happen so suddenly but the Prince may have leisure at the least to call together certaine wise personages to whom he may open the causes of the warre using no collusion therein neither seeking to maintaine a trifling warre upon no necessitie thereby to have some colour to leavie money Money is also necessary in time of peace to fortifie the Frontiers for defence of those that dwell upon them lest they be taken unprovided but this must be done measurably In all these matters the wisdome of a sage king sufficeth for if he be a just Prince he knoweth what he may do and not do both by Gods Lawes and mans To be short in my opinion of all the Seniories in the world that I know the Realme of England is the Countrey where the Commonwealth is best governed the people least oppressed and the fewest buildings and houses destroyed in civill warre and alwayes the lot of misfortune falleth upon them that be authors of this warre Our King is the Prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what the listeth upon his subjects considering that neither he nor any other Prince hath power so to doe and those that say he hath do him no honour neither make him to be esteemed any whit the mightier Prince thereby but cause him to be hated and feared of his neighbours who for nothing would live under such a government But if our King or those that seeke to magnifie and extoll him should say I have so faithfull and obedient subjects that they deny me nothing I demand and I am more feared better obeyed and better served of my subjects than any other Prince living they endure patiently whatsoever I lay upon them and soonest forget all charges past This me thinks yea I am sure were greater honour to the King then to say I leavie what I list and have priviledge so to doe which I will stoutly maintaine King Charles the fift used no such termes neither did I ever heare such language proceed from any king but from divers of their servants who thought they did their Master great service in uttering such speeches but in mine opinion they misbehaved themselves towards their Prince and used such language partly because they would seeme to be good servants and partly because they knew what they said But for a manifest proofe of the French mens loyaltie and obedience to their Prince we need alledge none other example then that we have seene our selves of late by experience when the Three Estates were assembled at Towrs after the death of our Master King Lewes the eleventh which was in the yeare of our Lord 1483. A man might have thought this good assembly to be dangerous for the kings estate yea and divers there wereof mean calling and lesse honesty that said then and often said since That it is Treason to make mention of assembling the Estates and a thing tending to the diminishing of the Kings authoritie but themselves are those that worke Treason against God the king and the Common-wealth neither doe any use these speeches but either such as are in authorities without desert and unworthy thereof or such as are common Tale-carriers and accustomed to talke of trifling matters or such as feare great assemblies lest their doings should there be ripped up and reprehended c. Charles the eighth of France beeing but thirteene yeares of age when the Crowned descended to him hereupon in the year 1484. a generall Parliament was held at Towrs with more free accesse then had beene usuall yet not so effectuall as was expected every one seeking rather to maintaine his private authoritie then to procure the peoples ease In this Paliament the pragmatick sanction was restored to use it as they had accustomed The Constables sword was given to the Duke of Bourgon the government of the Kings person to his Sister a cunning woman and somewhat of her fathers humour but the name of Regent was forbidden to them all to prevent jealousies and there was a Counsell enacted of Twelve by whom matters should be dispatched in the kings name of the 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 Sâ—eward to offer the King Liberty so as he would resign all the right she 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 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
by all good Frenchmen assisted by all Princes and Estates which love the true Religion or the good of this State and in a word we shall be favoured of the blessings of God whereof we have hitherto had good experience in our Arms and which will be to the glory of his Name and the spirituall advancement of our Churches After which the Duke of Rhoan and Protestants in defence of their Religion and Liberties joyn with the Princes and Nobles At last both sides came to Articles of agreement made at Luudun Anno 1616. whereof these were a parcell That the grievances of the generall State should be speedily answered That Soveraign Courts should be preserved in their authority and the Remonstrances of the Parliament and Peers considered of That such as had been put from their Offiâ—es should be restored That all moneys they had taken out of the kings Revenues should be discharged All Edicts of pacification granted to them of the Reformed Religion observed The prince of Conde and all those of either Religion who had assisted him in this â—ar held for the Kings good and loyall subjects all illegall Imposts removed and all prisoners taken on either side set at liberty Anno 1617. the King and Queene Mother seizing upon the Prince of Conde his person and sending him to the Bastile upon false pretences of disloyaltie and treason caused new insurrections warres and tumults and the Princes hereupon meeting at Soyssons resolved to make open war to seize on the Kings Revenues and to fortifie those Towns and Castles which they held in their Government which they executed and withall set forth a Remonstrance of their grievances unto the king complaining especially against the Marshall of Ancre and his Wife with their adheronts who were the causes of all their miseries who having drawn unto himselfe the whole administration of the Realme made himselfe master of the Kings Councels Armies and Forts thereby supprest the lawfull libertie and Remonstrances of the Parliament caused the chief Officers to be imprisoned and was the cause of the violence done to the Prince of â—onde first Prince of the Blood To the end therefore that they might not be reproached to have been so little affected to his Majestie so ungratefull to their Countrey and so unfaithfull to themselves and their posterity as to hold their peace seeing the prodigious favour and power of this stranger they beseech his Majestie to provide by convenient means for the disorders of the Estate and to cause the Treaty of Loudun to be observed and to call unto his Councels the Princes of the Blood with other Princes Dukes Peers ancient Officers of the Crowne and Councellors of State whom the deceased King had imployed during his reigne Withall they publish a solemne Declaration and Protestation for the restoring of the Kings authority and preservation of the Realme against the conspiracie and tyrannie of the Marshall of Ancre and his adherents Who finding no safetie in the settling of jâ—stice resolved to make triall of his power by violating the publike faith thereby to plunge the Realme into new combustions conspiring to destroy the princes of the blood of Peers and chiefe Officers of the Crowne and to oppresse them altogether with the State who might be an obstacle to his ambitious designes To which end he raised false accusations against them as if they meant to attempt the Kings and Queen Mothers persons and caused the King to go in person to his Court of Parliament to publish a Declaration whereby they were declared guilty of Treason though at last being better informed he declared them to be his good Subjects and caused De Ancre to be suddenly slain in the Louure and his Wife to be legally condemned and executed Vpon which the new Councellors and Officers advanced by him were removed the old restored the Princes reconciled to the Kings and by him declared for his good and loyall subjects Vpon which followed a generall assembly of the Estates wherein divers grievances were propounded and â—ome redressed the King therein craving their advice for the setling and ordering of his Privie Councell Anno 1620. there happen differences between the King and Queen Mother who fortified Towns and raised an Army against the king at last they came to an agreement and were reconciled The two following years were spent in bloody civill warrâ—s betweene the King and those of the Religion who avowed their defensive warres lawfull which at last concluded in peace that lasted not long but brake out into new flames of war by reason of the great Cardinall Richelieu who of late years proved the greatest Tyrant and Oppressour that France ever bred reducing both Nobles Gentlemen and Peasants into absolute slavery and vassallage to make the King an absolute Monarch of France and himselfe both Pope and Monarch of the world But he lately dying by the of Divine Iustice of filthy Vlcers and Diseases and the King since being some say poysoned by the Ieâ—uiteâ— who murthered his two immediate Predecessors wise men conjecture the French will now at last revive and regain their ancient jâ—st hereditary freedom rights Liberties and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years and almost brought to utter desolation I have the longer insisted on these Histories of the Kings and Kingdom of France which clearly demonstrate the Realm Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort paramount their kings them selves who are no absolute Monarchs nor exempted from the Laws jurisdiction restraints censures of their Kingdom and Estates assembled as some falsly averre they are because our Royalists and Court Doctors pâ—rallell England with France making both of them absolute Monarchies and our greatest malignant Councellors chiefe Designe hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France which how pernicious they have proved to that unfortunate Realm what infinite diâ—tructive civill warres and combustions they have produced and to what unhappy tragicall deaths they have brought divers of their Kings Princes Nobles and thousands of their people the premisses other Storyes will so far discover as to cause all prudent Kings and Statesmen to â—â—eer the Helme of our own and other Kingdoms by a more safe steddy and fortunate compasse Thus I have done with France and shall recompence any prolixity in it with greater brevity in other Kingdoms when I have overpassed Spain From France I shall next â—â—eer my course tâ— the Kingdomes and Kings of Spaine whom Iacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado 1602. professedly undertakes to prove to be of greater digâ—ity and to have the Precedency of the Kings and Kingdoms of France which Cassaâ—aeus and all French Advocates peremptorily deny The first Kings of Spain over-run by the Goths and Wisigoths are those
pursuit where of they raise an army of ten thousand men whereof he was made Generall they send Ambassadours to the Pope and Councill whereof Roderic was chief and upon a full hearing of the cause before Rupâ—rt Cardinall of â—aint Sabria the Popes Legat at Tholouse judgement was pronounced for the liberty of Spain and it was decreed That the German Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain which was afterwards confirmed by the customes of the people the consent of other Nations the publike resolution and judgement of Lawyers as Iacâ—obus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large The Generall History of Spain records that the Councill of Florence resolved that seeing the Kings of Spain had defended and conqâ—ered their Realms by Arms without any ayd from the Emperours they were free and exempt from all subjection and acknowledgement to the Emperours whereof we may read the Glosse upon the Chapter Adrianus Papa distinct 63. The like priviledge have the Kings of France the State of Venice the Kings of England and some others Which clearly demonstrates the Soveraign power of Kingdoms and Nations even over their Kings and Princes and that they may justly desend themselves and Elect other Princes when they are deserted or destroyed by them Anno 1083. Sacho Ramires king of Aragon to supply the chargâ—s of his wars against the Moors was sometimes forced to use the revenues of his Clergy his Treasure being not able to furnâ—sh so great a charge but the Bishops of his Countrey who affected nothing more but to enrich their own Order and State opposed themselves against him and afflicted him in such sort as putting him in a vain fear that he was damned for this cause They made him do Penance in the Church of Roda before Saint Vincents Altar in the presence and at the pursuite of Raymund Dolmare Bishop of that place the Bishop of Jarca and others and to confesse publikely that he had grievously offended Thus those good Fathers publikely insulted over their Soveraigne Anno 1091. king Alphonso granted this priviledge among other to Toledo That the City of Toledo might never be alienated from the Crown nor given upon any Title whatsoever to man woman or child Anno 1076. Sancho King of Naâ—arre was slain in battell by his brother Raymond thinking to reigne after him but the Navarroyes expelled him out of their confines disdaining that he should raigne over them who had embrued his hands in his kingly brothers blood and sending to Sancho Ramires 4. king of Aragon called him to raigne over them because their slain kings sonnes were â—oo young to raigne and protect them from their enemies by which meanes the kingdomes of Arragon and Navarre were united Veracha Queen of Castile a most lascivious open Adultresse by her unchast life so farre provoked her husband Alphonso that he was divorced from her made warre against her and confined her After which she still continuing in her lewdnesse the Nobility and States of Castile and Leon revolt from her take armes against her depose her from the Crowne and elect and crown her sonne Alphonso the 8. king An. 1122. allowing her onely a pension to support her life Alphonso King of Arragon by his last Will and Testament most solemnly ratified for the expiation of his sins gave divers crown Lands Tenements Revenues and Legacies to Religious houses and persons An. 1132. but being prejudiciall to the Crown his Will after his death was held void and not put in execution he being slain by the Moores An. 1134. the States of Arragon elected one Peter Tares for their King who growing exceeding proud of his new dignity began to despise the Nobles and abrogate the Lawes and customes of the Country And the Nobles being assembled at a general Assembly of the States going to visit him he comanded his Porter to shat them out saying that Mounsieur was busie about matters of great importance but they understood afterwards that the great affairs causing him to exclude his friends were his Barbar was trimming him which so incensed the Nobles and great men that the nexâ— day they held their generall Assembly of the Estates without the King where they first of all decreed to depose their new king because being â—in honour he had no understanding of himselfe and because they found he would grow more proud and insolent afterwards whereupon expelling Peter the Estates assembling at Borta elected Ramier a Monke brother to king Alphonso for their King who was much derided of his Nobles for his Monkish simplicity and at last turned Monk againe But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdome and being jealous that the Arragonoys by chusing a King of the blood Royall of Arragon would by this meanes aspire to the chief places of honour and favour in Court it was concluded that the Estates of Navarre should assemble at Pampelone where they chose Garcia Remiâ—es their King of Navarre and so the Realmes of Arragon and Navarre which had been uâ—ited 58. yeers were seperated in these two Kings The Kingdomes of Spain being often before and since this time united and divided as the people and Realmes assented or dissented thereunto Not to mention the troubles of Castile by reason of the nonage of their king Alphonso the fourth of whose custody and tuition the assembly of the Estates disposed or how some Knights of Castile slew a Iew with whom this king was so enamoured that he forgot his new Spouse and almost lost hâ—s sences Aâ—no 1179. king Alphonso assembled the Estates of Castile at Burgon to leavie a Text upon the people whereto the Nobâ—litie as well as the rest should contribute imposing 5. Maravidis of gold for every person but it took no effect for all the Gentlemen of Castile being discontented that he sought to infâ—inge their Liberties fell to armes and being led by the Earle Don Pedro de Lara they were resolved to resist this tax and defend their Liberties with the hazzard of their lives Whereupon Alphonso changed his opinion and let them understand that from thenceforth he would maintain their immunities and that whatsoever he had then propounded was not to continue but only to supply the present necessity of affaires which he would seek to furnish by some other meanes For the great resolution which Don Pedro de Lara shewed in this action the Nobility of Castile did grant to him and his successours a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence and thereby the Lords of Lara have the first voyce for the Nobility in the Court of Castile An. 1204. King Alphonso the Noble called a Parliament of the Lords Prelates and Deputies of the Townes of his Realm at Toledo to advise and assist him in his warrs against the Moores where they
the long was elected by the Estates of Navarre to be their king in right of his wife but it was upon conditions drawn in writing which they tendered to him and the Queen to subscribe and sweare to before the solemnities of their Coronation in the Estates assembled at Pampelone which they yeelded willingly unto whereof the principall Articles were these 1. First to the Estates to maintain and keep the Rights Lawes Customes Liberties and priviledges of the Realme both written and not written whereof they were in possession to them and their successours for ever and not to diminish but rather augment them 2. That they should disannull all that had been done to the preiudice thereof by the kings their Predecessors and by their Ministers without delay notwithstanding any Let. 3. That for the tearme of 12. yeares to come they should not coyne any money but such as was then currant within the Realme and that during their lives they should not coyne above one sort of money and that they should distribute part of the revenues profits and commodities of the Realme unto the Subiects 4. That they should not receive into their service above foure strangers but should imploy them of the Countrey 5. That the Forts and Garrison of the Realme should be given unto Gentlemen borne and dwelling in the Countrey and not to any stranger who should do homage to the Queen and promise for to hold them for her and for the lawfull Heire of the Countrey 6. That they should not exchange nor engage the Realme for any other Estate whatsoever 7. That they should not sell nor engage any of the Revenues of the Crowne neither should make any Law nor Statute against the Realme nor against them that should lawfully succeed therein 8. That to the first sonne which God should give them comming to the age of twenty yeares they should leave the kingdome free and without factions upon condition that the Estates should pay unto them for their expences an hundred thousand Sanchets or other French money equivalent 9. That if God gave them no children in that case they should leave the Realme after them free with the Forts in the hands of the Estates to invest them to whom of right it should belong 10. That if they infringe these Articles or any part of them the Subiects should be quit of their Oath of subiection which they ought them These Articles being promised and sworne by the king and Queen they were solemnly crowned and the Deputies of the Estates Noblemen and Officers of the Crown took their obedience to them Vpon this agreement all the Castles and places of strength in Navarre were put into the hands of the Estates who committed them unto the custody of faithfull knights in whose keeping they continued a Catalogue of which Castles with the names of the knights that guarded them by the Estates appointment in the yeare 1335. you may read at large in the Generall History of Spaine Before this Anno 1328. the Estates of Navarre assembled at Puentala Reyna to resolve without any respect TO WHOM THE REALM OF NAVARRE BELONGED whether to Edward king of England or to Iane Countesse of Eureux The Estates being adjourned to Pampelone the chief Town of the Realme their opinions were divers many holding that king Edward should have the Realm as Granchilde born of the daughter to Queen Iane daughter to King Henry rather then the Countesse of Eureux in regard of the Sex others with more reason held for the Countesse who was in the same degree but daughter to a Son and Heir to Queen Iane. These prevalled drawing the rest to their opinion whereupon the Countesse was declared true and lawfull Queen of Navarre the Realm having been vacant above four Moneths And untill that she and Count Philip her husband should come and take possession of the Realm they declared the Regent and Viceroy Don Iohn Corberan of Leet Standard bearer of the Realm and Iohn Martines of Medrado Lo here a Parliament of the Estates of Navarre summoned by themselves without a King determining the Right of succession to the Crown appointing a Vicegerent and prescribing such an Oath and Articles to their king as you heard before Anno 1331. king Philip of Navarre to administer justice erected a new Court of Parliament in Navarre which was called New to distinguish it from the old HE AND THE THREE ESTATES of the Realm NAMING MEN WORTHY OF THAT CHARGE Queen Iane and Philip deceasing their son Charles the second surnamed the Bad for his crueltie and ill manners was called by the three Estates of Navarre to Pampelone and there crowned in their Assembly after the manner of his Ancestors swearing to observe the Lawes and Liberties of the Country Aâ—ter which a far stricter Oath was administred to Charles the 3 An. 1390. Anno. 1325. In a generall assembly of all the Estates of Arragon Don Pedro son to the Infant Don Alphonso was sworn presumptive Heir and Successor to the Crown after the decease of his Grandfather and Father the which was there decreed and practised for that Don Pedro Earl of Ribagorca did maintain that if his brother Don Alphonso should die before their Father the Realm did belong to him by right of propriety being the third brother rather then to his Nephew the son of the second brother In this Assembly the Articles of the generall priviledges were confirmed and it was ordained for a Law That no Freeman should be put to the Racke and that confiscations should not be allowed but in Cases of Coyning and High Treason Anno 1328. Alphonso King of Castile treacherously murthering Don Iohn the blinde his Kinsman in his own Court when he had invited him to dinner on all Saints day and then condemning him for a Traitor confiscating his lands a fact unseemly for a King who should be the mirrour of Iustice Hereupon Don Iohn Manuell stood upon his Guard fortified his Castles revolted from the King for this his Treachery allyed himself with the Kings of Arragon and Granado overran the Countries of Câ—stile from Almanca unto Pâ—gnafield the Prior of Saint Iohns Don Fernand Rodrigues hereupon caused the Cities of Toro Zamora and Vailledolit to rebell and shut their gaâ—es against the King and many others likewise reâ—olted from him At last he was forced to call an Assembly of the Estates who gave him Subsidies to ayde him in his wars against the Moors and to conclude a peace with Don Manuel and his other discontented Subjects whom he afterwards spoiling of their lawfull inheritances and pursuing them in their honours and lives by Tyrannous crueltie extending his outragious disdain even to women of his own blood he thereby so estranged most of his Princes and Nobles from him that they revolted from him and jâ—yned with Mahumet king of Granado and the Moors in a warre against him which lasted three or four yeers putting him to infinite troublâ— exations and expences enforcing him to make a
obedience to their King deserted Magnus and chose Albert King Magnus seeking to regaine his Realme was defeated in battell and died in exile Queen Margaret taking Albert prisoner and conquering Sweden left it and two Kingdoms more to Ericus her adopted son But the Swedes weary of a forraigne yoke by the helpe of Engelbert denied subjection to him and waged warre so long with him that he was forced to place Swedes in all the Castles by agreement and to receive onely halfe the revenues of the Realme in his absence and at last tired out with the wars deserted both Crowne and Kingdome After this the Swedes elected Charles for their King who after seven yeers reigne perceiving that he grew grievous and displeasing to the States of Sweden taking his owne private goods onely with him and leaving the treasure of the Realm in a safe place left the Kingdome Whereupon they elected Christierne the first the King of Denmarke and Norway for their King against whom they took up armes because he had broken that paction prescribed to him when he tooke the Crowne whereupon Anno 1499. Christierne came with a great power to subdue the Swedes but he was easily conquered repulsed thence twice one after another by the Swedes united forces who elected them a Governour whom they called a Marshall which had power to call generall Assemblies of the States and execute the Kings Office and might have beene elected King upon such conditions as the States propounded which he reâ—used to submit to King Iohn thinking to subdue the Swedes after Christiernes death was repulsed by them and his Queen taken prisoner His sonne Christierne the second King of Denmarke by the treachery of Gustavus Archbishop of Vpsalis after many encounters upon promise to continue their Laws Liberties and Priviledges inviolably and to remit all offences past by a solemne Oath was elected by the Swedes for their King who swearing these Articles and confirming them by his Charter was upon this admitted into the Towne and Castle of Holmâ— where feasting all the Nobles and principall men of Swethland two dayes together suspecting no treachery he suddenly apprehends them imprisons murthers all the Nobles Gentry Citizens Commons yea Bishops and Monkes with extraordinary cruelty spoils their wives and Orphans of all their goods and exerciseth more then barbarous tyranny over them which Gustavus Erichson a noble Swede then in Denmarke hearing of escapes thence privily and comes into Swethland â—iâ—gâ—ised raiseth an Army to revenge this butchery delivers his Country from this Tyrant and for 〈◊〉 noble service was by their unanimous vote elected and crowned 〈…〉 of Sweden in his stead the Swedes in a publike Declaration manifesting then expulsion and deprivation of Christierne for his treachery and tyranny to be just and lawfull Ericus the seventeenth King of Sweden imprisoning his brother murdering his faithfull Counsellours warring upon his Subjects playing the tyrant and matching himselfe unworthily to a woman of meane condition was for these his misdemeanors taken prisoner with his Queene deposed and his brother made King in his stead Anno 1599. And Sigismund King of Sweden taking upon him the Crowne of Poland after fourteen yeers reigne was deposed and dâ—spossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead Assyria Cyprus Lombardy Naples Venice I Could now acquaint you with many such like passages and stories in the Kingdomes of Assyria as how effeminate Sardanapalus for his vices and misâ—government was deprived by his Subjects burned in his Palace and Arbactus made King in his stead In the kingdom of Cyprus where King Peter murthering his brother and those of Geneva was soon after taken prisoner and made a tributary Prince King Iohn governed by Helena his wife and she by his Nurse which made the people weary of the government had a Regent by consent of the Nobles Iohn of Portugall whom they married to his daughter Carlota set over him and the Realm and all the royall power soon after put into his hands who being soon poysoned by Helena Lewes sonne to the Duke of Savoy was sent for the crowned King by generall assent and Iohn and Iames his sons put by Clephus the second King of Lombardy was so cruell that after his death they would have no more Kings but chose thirty Dukes to governe them who continued this government eleven yeeres Desiderius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great and so that Kingdome ceased Anno 774. Tancred the fourth King of Naples was deposed by Pope Celestine the third with his peoples consent Momfrey a Bastard poysoning Conrade the seventh King of Naples and usurping the Crown was deposed by Charles Earle of Aniou who enjoyed the Crowne till Aragon seased on the Realme Ione Queene of Naples married Andrew second sonne to Charles King of Hungary whom she hanged at her window for insufficiency after marrying Iames of Tarragon she beheaded him for lying with another woman and was at last driven out of her Kingdome by Lewes of Hungary and hanged at the same window where she hanged her first husband Peter Duke of Venice was for his tyranny and misgovernment besieged in his palace by the people which they fired and then taking him his wife and sonne dragged them unto the butchery where they chopped them in pieces and threw him to the dogs to be devoured notwithstanding all their submissions and intreaties on their knees Anno 977. So Duke Falier and many othe Dukes have beene condemned to death and executed by the States of Venice and that justly as Bodine grants Multitudes of such like presidents occur in most other Dukedoms and Principalities which I will not name because they want the title of Kings though Aquinas truly holds That a Kingdome is so called from ruling therefore he who hath others under his government is said to have a Kingdome in reality though not in propriety of speech and so are Kings in verity though not in title I might adde to these many more examples manifesting what miseries and untimely deaths tyrannicall Kings and Princes have undergone in all ages and States being commonly deposed poysoned murthered but I shall for brevity passe over these examples remitting the Readers to Aristotle Aelian and Doctor Beard his Theatre of Gods Judgements and come nearer home to Scotland as having nearest relation to England Scotland WHat soveraigne power and jurisdiction the Realme Parliaments and Nobles of Scotland have claimed and exercised over their Kings who saith Buâ—â—anan can neither make Laws Warre Peace nor conclude of any great affairs of the Realm without a Parliament which hath there and in Hungary Poland Denmarke Swethland been oft-times summoned not onely without but against their Kings consents and how frequently they have questioned imprisoned censured deposed yea judicially sentenced their Kings for their tyrannies oppressions whoredoms murders rapines and evill administrations you may reade at large in George Bucanan
dyed Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland and heire to the Crowne being within age her mother Queene Mary by common consent was made Regent and shee by common consent and councell of the Nobles married to Francis Dolphine of France In the meane time there hapning some troubles and warres about the reformed Religion which many of the Nobles and people there contended for the Queene Mother granting those of the Religion a confirmation of their liberties and Religion by way of Truce for 6 moneths she in the meane time sends for Souldiers out of France wherewith she endeavoured to suppresse Religion with the remaining liberty of the Scots and to subject them to the French Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties by a common decree in Parliament deprived the Queene Mother of her Regencie make a league with our Queene Elizabeth being of the reformed Religion and receiving ayde both of men and money from her besieged the Queene Mother in Edenburgh Castle where she dyed of griefe and sicknesse After which they expelled the French and procured free exercise of the Reformed Religion In the meane time Francis dying the Queene sends for Henry Steward out of England where he and his Father had beene Exiles marries and proclaime him king Iuly 29. 1564. which done she excluded the Nobility from â—er Councells and was wholly advised by David Ritzius a Subaâ—dian whom she brought with her out of France and did all things by his Councell wherewith the Nobles being much discontented finding him supping with the Queene in a little Chamber commanded him to rise out of the place which did little become him and drawing him out of the Chamber stabbed him to death Anno. 1565. The Queene soone after was delivered of a sonne and heire Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her setting him over all affaires of the Realm granting nothing to any petitioner almost but by him and her husband Steward being dead whether of a naturall death or poyson is yet in controversie she married Bothwell openly without the Lords and Parliaments consents Hereupon the Nobles tooke up armes against Bothwel and the Queen besâ—eged the Queen till she rendred her selfe prisoner upon this condition that she should abjure and resigne her interest in the Crowne and Kingdome to her infant sonne which they compelled her to performe and appointed Iames Earle of Morton Vice-roy and Protector during the Kings Minority In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine where corrupting Duglasse her keeper the Earle of Mortons Nephew and a shipmaster she escaped to the Hamiltâ—ns in safety who having raised Forces to free her waited her comming on the shoare But the Vice-roy scattering these forces soone after the Queene thereupon fled into England Anno. 1568. Where Queene Elizabeth taking her expulsion ill laboured that she might be restored to the Crowne which could not be effected but by Armes or mediation and neither of them without knowledge of the cause Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England to answere the complaints of their Queene against them which they did in a writing composed by Buchanan and afterwards Printed both in Latine and English wherein they shewed the grounds and order of their proceedings against their Queene wherewith the Queene and Councell were satisfied that they had proceeded rightly and orderly yet to keepe both sides in suspence she pronounced no definitive sentence The Vice-roy departing into Scotland was afterwards murthered by the Hamiltons and Matthew Steward Earle of Lenâ—ux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Nerthfolke about a match with him and to seise upon the Realm of Scotland whereupon he was committed to the Tower and she restrained after which she was solemnely arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death c and for it beheaded at Fotherringham Castle Feb. 8. 1587 The History of which Queenes life is more at large related by Buchanan and others and her imprisonment and Deposition professedly justified as lawfull by his Treatise De Iure Regni apud Scotos compiled for that purpose to which I shall referre the Reader What thâ— Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes Liberties by holding generall Assemblies Parliaments taking up armes seising the Forts and Ammunition of the Realm and marching into England against the Kings consent and Proclamations is so fresh in memory so fuâ—ly related in the Acts of Oblivion and Pacification made in both Parliaments of England and Scotland ratified by the King himselfe and in particular Histories of this Subject that I shall not spend time to recite particulars but will rather conclude from all the premises with the words of Buchanan The Ancient custome of our Ancestors in punishing their Kings suffers not our forcing of the Queene to renounce her right unto the Crowne to her sonne to seeme a Novelty and the moderation of the punishment shewes it proceeded not from envie for so many Kings punished with death bonds banishment by our Ancestors voluntarily offer themselves in the ancient Monuments of Histories that we neede no forraigne examples to confirme our owne act For the Scottish Nation seeing it was free from the beginning created it selfe Kings upon this very Law that the Empire being conferred on them by the suffrages of the people if the matter required it they might take it away againe by the same suffrages of which law many footsteps have remained even to our age for in the Islands which lye round about us and in many places of the Continent wherein the Ancient language and constitutions have continued this very custome is yet observed in creating Governours likewise the Ceremonies which are used in the Kings inauguration have also an expresse image of this Law out of which it easily appeares that a Kingdome is nothing else but the mutuall stipulation betweene the people and their Kings the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law preserved from the very beginning of raigning among the Scots even unto our age when as no man in the meane time hath attempted not onely not to abrogate this Law but not so much as to shake it or in any part to diminish it Yea whereas our Ancestors have deprived so many Kings as would bee tedious to name of their Realme condemned them to banishment restrained them in prisons and finally punished them with death yet there was never any mention made of abating the rigor of the Law neither perchance undeservedly since it is not of that kinde of Lawes which are obnoâ—ious to the changes of times but of those ingraven in the mindes of men
Senate he held the Empire onely by force and power Wherefore Caesar although he invaded the Empire by force yet that he might cosen the people at least with some pâ—etext of Law would seem to have received the Empire from the Senate and people But Augustus although he was adopted by Caesar yet he never bare himselfe as heire of the Empire by divise but rather received it as from the Senate and people as did also Caligula Tiberius Claudius whereas Nero who first invaded the Empire by force and wickednesse without any colour of Law was condemned by the Senate Since then no man could be born an absolute King no man can be a King by himselfe no man can reigne without the people Whereas on the contrary the people may both be and are by themselvs and are in time before a King it most certainly appears that all Kings were first constituted by the people Now albeit that from the time that Sons or Nephews imitated the vertues of their parents they seem to have made kingdomes as it were hereditary to themselves in certain Countries where the free power of Election may seem in some sort to have ceased yet that custome hath continued in all well constituted kingdomes that the children of the deceased kings should not succeed untill they were as de nâ—no newly constituted by the people nor should not be acknowledged as heirâ—s to their Fathers but should onely then at length be reputed kings when they had as it were received investiture of the Realme from those who represent the Majesty of the people by a Scepter and Diadem In Christian kingdomes which at this day are said to be conferd by succession there are extant most evident footsteps of this thing For the kings of France Spain England and others are wont to be inaugurated and as it were put into possession of the Realm by the States Senators Nobles and great men of the Realm who represent the universality of the people in the same manner as the Emperours of Germany are by the Electors and the kings of Poland by the Vayuods or Palatines where the intire right is onely by election neither is royall Honour yeelded to them in the Cities of the kingdomes before they have been duly inaugurated Neither also heretofore did they compute the time of the reigne but from the day of the inauguration which computation was accurately observed in France And that we may not be deceived by reason of any continued stories of succession even in those very kingdoms the States of the Realme have oft times preferred a kinsman before a sonne the second sonne before the eldest as in France Lewis the brother before Robert Earl of Dreux also Henry the second brother before Robert Capet the Nephew with others elsewhere Yea and the same kingdome by Authority of the People hath been translated from one Nation and Family to another whiles there were lawfull heires extant from the Merouingi to the Carlingi from the Carlingi to the Capets which hath been likewise done in other Realms as it sufficiently appears out of the truest Histories And that we may not recede from the kingdome of France which hath ever been reputed the pattern of the rest in which I say succession seemes to have obtained greatest strength We read that Pharamond was elected Anno 419. Pipen An. 751. Pipens sonnes Charles the great and Charlemain 768. not having respect of the Father Charlemain being at last taken away 771. the Brothers part did not immediatly accrue to Charls the Great as is usually done in inheritances but by the determination of the people and publike Councell and by them Ludovicus pius was elected An. 812 although he were the sonne of Charles the great Yea in the very Testament oâ— Charles which is extant in Nauclerus he Intreats the People by the Common Councell of the Realm to elect one of his nephews whoÌ„ they pleased as for hi Vncles he bids theÌ„ rest satisfied with the Decréc of the people Whence Charles the bald Nephew by Lewis the godly and Iudith professeth himselfe An elected King in Aimoinius the Historiographer In summe all kings whatsoever from the beginning were Elective and those who at this day strive to come to the kingdome by succession must of necessity be First ordained by the people Finally albeit the people by reason of certain egregious merits hath in certain Realmes used to chuse kings out of the same stock yet they chuse the stock it self nor the branch neither do they so chuse it but if it degenerates They may elect another But even those who are neerest of that stock are not so much born as made kings are not so much accounted kings as the Attendants of kings which Franciscus Hotomanus in his Franco-Gallia cap. 6. 7. 10. prosecutes more at large and manifests by sundry pertinent Presidents and Authorities Secondly that it is apparant by all the premised Histories That in all Empires Monarchies the whole Empire State Kingdome with the Parliaments Senates States Diets publike Officers and generall Assemblies which represent them are the Supreamest Soveraign power superiour to the Emperours Kings and Princes themselves who are subordinate Ministers and servants to them elected created by them for their common good and not absolute Soveraign Lords or Proprietors to rule domineer over them at their pleasure Which conclusion you shall find abundantly ratified and proâ—essedly maintained by Marius Salamonius de Principatu in six severall Books by Iohn Mariana de Rege Regis Instit. t. 1 c. 8. Stephanus Iunius Brutus his Vindicia contra Tyrannos throughout especially p. 91. to 110. the Treatise De Iure Magistratus in Subditos throughout Iustus Eccardus de Lege Regia Henricus Ranzâ—vius Commentarii Bellici lib. 1. c. 3. and elsewhere Georgius Obrechtus an eminent Civill Lawyer Disputationes Iuridicae de Principiis Belli sect 115. to 200. where he thus resolves The inferiour Magistrates as in Germany the Electors Princes Earles Imperiall Cities in France the Peers of France in Poland the Vayuodes or Palatines and in other Kingdomes the Nobles Senators and Delegates of the Estates as they are severally inferiour to the Emperour or King Ita Universâ— Superiores existunt so collectively They are superiour to them as a Generall Councell is above the Pope the Chapter above the Bishop the Vniversity above the Chancellor The Prince saith Pliny the second even the greatest is obliged to the Commonwealth by an Oath as its servant ac ipsa Republica seu Regno Minor est and is lesse then the Republike or Kingdome it selfe by Franciscus Hotomanus a learned French Lawyer in his Franco-Gallia c. 6 7. 10 11. 14 15 16 18 20. Aquinas de Regimine Principum c. 6. by Hemingius Arnisaeus De Auctoritate Principum in populum c. and De Iure Majestatis Sebastianus Foxius De Regni Regisque Institutione Vasquius Controvers Illustrium passim Cavarnuius Contr. Illustr T. 2. 505. n. I. 399. n. 6.
sit with the Lord of the Fee as Peers but likewise heard the Causes oft times between the Superiour Lord and his Vassall We likewise see these Senators of France to have oft times judged between the King and Subjects so that when Charles the 6. would have pronounced sentence against the Duke of Britain they withstood him and said THAT THE IVDGEMENT WAS NOT THE KINGS BVT PEERS FROM WHOSE AVTHORITY HE COVLD DEROGATE NOTHING Hence even at this day the Parliament at Paris which is called the Court of Peers or Senators is in some sort constituted a Iudge between the King and People yea between the King and every private man and is bound as with an obligation to right every one against the King Procurers if he invades any thing against Law Besides if the King determines any thing or makes any Edict at home if he make any compact with neighbour Princes if any Warre be to be waged if any Peace be to be made as of late with Charles the fifth The Parliament ought to approve and bée Authour of it and all things which appertain to the Common-wealth ought to be registred among its acts which verily are not ratified untill they shall be approved by it Now that the Senators might not fear the King heretofore none could be preferred into that Order but such who were nominated by the Senate neither could they Lawfully be removed but by its Authority for a lawfull cause Finally even the Kings Letters unlesse they be subscribed by the Kings Secretary and rescripts unlesse they be signed by the Chancellour who hath a power of cancelling have no authority There are likewise Dukes Marquesses Earles Vicounts Barons Castellanes also in Cities Maiors Deputies Consuls in Sindeches Auditors and the like to whom some particular Region or City are severally commended that they may defend the People so farre forth as their jurisdiction extendeth although some of these dignities at this day are reputed Hereditary And besides this yearly heretofore at leastwise as often as necessity required there was held an Assembly of the three Estates wherein all the Countries and Cities of any note did send their Deputies namely Commons Nobles Ecclesiasticks in each of them apart where they publikely determined of those things which appertained to the Republike Now such was evermore the authority of this Assembly that not only those things which were therein accorded were reputed sacred and holy whether Peace were to be concluded or War to be waged or the Guardianship of the Realm to be committed to any one or a Tax to be imposed was there concluded but even Kings themselves for their luxury slothfulnes or tyrannie were thrust into Monasteries by their authority even all their Ofsprings deprived of the succession of the Kingdom no otherwise then at first when as they were called to the kingdom by the peoples authority verily those whoÌ„ consent had advanced dissent did pull down again those whom imitation of paternall vertues had as it were called into that inheritance a degenerate and ungratefull minde as it had made then uncapable and unworthy so it did make them to be disinherited From whence verily it appears that succession truly was tolerated to avoid competition succession an interregnum and other incommodities of Election but truely when greaâ—er damages would follow where Tyranny should invade the Kingdom where a Tyrant the Throne of a King the lawfull Assembly of the people Perpetually reserved to themselves an Authority of expelling a Tyrant or slothfull King and of deducing him to his Kindred and of substituting a good King in his place Verily peradventure the French received this from the Gauls Caesar in the fifth Book of the Gallic War being the Author For Ambiorix King of the Eburoni confessed that all that time the Empires of the Kings of Gallia were such that the people duely assembled had no lesse authoritie over the King then the King over the people which also appears in Vercingetorix who pleaded his cause before an assembly of the people In the Kingdoms of Spain especially in Valentia and Catteloigne of the Arragonians it is even thus for the Soveraignty of the Realme is in the Justice of Aragon as they call it therefore the great men who represent the people fear not to tell the King in direct terms both in his very Coronation it self and likewise every third year in the generall assembly of their Estates Tantum valemus nos quantum vos We are as powerfull as you but the Iustice of Aragon is above us both who rules more than you Yea oftentimes what things the King hath asked what he hath injoyn'd the Iustice hath prohibited nay he never dares to impose any tribute without the authority of that Assembly In the Realms of England and Scotland the Supreme power is in the Parliament usually wont to be held almost every year Now they call a Parliament the Assembly of the Estates of the Realme where the Bishops Earls Barons Deputies of the Cities and Counties by common suffrage determine of the Republikes affairs whose authority is so sacred that what things soever it shall once establish it is unlawfull or a wicked act for the king to abrogate Likewise all the Officers of the Realme are wont to receive their Offices from that Assembly and those who ordinarily assist the King or Quéen in Councell In brief other Christian Kingdoms as Hungary Bohemia Denmarke Sweden and the rest have all their Officers of the Realm or Consuls of the Royall Empire who by their own Authority have sometimes used even to depose their Kings themselves as Histories teach or fresh memory sufficiâ—ntly manifests Neither is there verily any cause that we should think the Royall Authority to be thereby deminished or that Kings should hereby suffer as it were a diminution of their heads Truly we deem not God the lesse potent for this because he cannot sin by himself nor his Empire more restrained because it cannot be ruined nor grow worse therefore not a King if that he who may offend by himself be sustained or kept from sinning by anothers help or if peradventure he had lost any Empire by his own negligence or fault that he may retain by anothers prudence What do you think any man lesse healthy because Phisitians â—it round about him who dehort him from intemperance who interdict him the eating of hurtfull meats who likewise oft-times purge him against his will and resisting Or whether doest thou think those Phisitians who take care of his health or flatterers who obtrude the most unwholsome things to be more his friends Therefore this distinction is altogether necessary to be adhibited Some are friends of the King others of Caesar those are friends of Caesar who serve Caesar those friends of the King or Emperour who serve the Kingdom For since any one is called a King for the Kingdoms sake and the Kingdom consists in the people but the Kingdom being lost or decayed the King must altogether
same effect which brevity enjoynes me to omit those that please may read them at their leisure in the Author himselfe whose opinion is fortified by Alphonsus Menesius his poems annexed to his Treatise Thirdly it is abundantly manifest from all the premises That Kings and Emperours alwayes have been are and ought to be subject to the Lawes and Customes of their Kingdomes not above them to violate breake or alter them at their pleasures they being obliged by their very Coronation Oathes in all ages and Kingdomes inviolably to observe them This verily is confessed by K. Iames by our K. Charls himself in his laâ—e Declarations to al his Subjects resolved by Bracton Fleta Fortescue our Common and Statute Laws forecited by the Year Book of 19. H. 6. 63. a. where Fray saith That the Parliament is the highest Court which the King hath and the Law is the highest inheritance which the King hath for by the Law he himselfe and all his Subjects are ruled and if the Law were not there could be no King nor inheritance This is proued by Stephen Gardiner Bp. of Winchester in his Letter to the Lord Protector where he writes That when he was Embassadour in the Emperours Court he was faine there and with the Emperours Embassadour to defend and maintain by Commandment in a case of Iewels That the Kings of this Realme were not above the Order of their Laws and therefore the Ieweller although he had the kings Bill signed yet it would not be allowed in the Kings Court because it was not obtained according to the Law and generally granted by all our own English Writers is copiously asserted and professedly averred by Aristotle Polit. l. 3. c. 11. 13 Marius Salomonius de Principatu in sixe speciall Books to this purpose by Iustus Eccardus de Lege Regia Thomas Garzonius Emporii Emporiorum Pars 1. Discursus 1. de Dominiis sect 6. p. 9 10. Ioannis Carnotensis Episc. lib. 4. Policrat c. 1. Bochellus Decreta Eccles. Gal. l. 5. Tit. 1. Cap. 6. 15 16. Haenon Disput. Polit. p. 428. to 442. Fenestella de Magistratu p. 149. Ioannis Mariana de Rege Regis Instit. l. 1. c. 9. an excellent discourse to this purpose Petrus Rebuffus Prâ—fat ad Rubr. de Collationibus p. 583 584. Sebastianus Foxius de Rege c. part 1 p. 108 109 part 2. 192 c. Buchanon de Iure Regni apud Scotos passim Iunius Brutus Vindiciae contra Tyrannos quaest 3. p. 116. to 139. an accurate discouse to this effect Grimalius de Optimo Senatore p. 33. 201 205. Vasquius contr Illustr 16. n. 15. 19. 21. 17. n. 1. 23. 20. n. 3. 44. n. 3. 73. n. 12. 13. 15. 72. n. 7. and elswhere De Iure Magistratus in subditos passim Polanus in Ezech p. 824. 854. Pareus in Rom. 13. p. 138. Francis Hotomani Franco Gallia c. 6. to the end of Cap. 20. Sparsim Governado Christiano p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de Iure Billi l. 1. c. 4. s. 7. l. 2. c. 14. and elsewhere thorowout his second Book with infinite others of all sorts This all good Emperours and Kings in all ages have profâ—ssed as these Authors prove Thus the good Emperour Trajan practised and professed That the Prince was not above the Laws Hence Apollonius Thyanaeus writing to the Emperor Domitian saith These things have I spoken concerning Lawes which if thou shalt not think to reignover thee then thy self shalt not reign Hence Antiochus the third King of Asia is commended that he writ to all the Cities of his Kingdom if there should be any thing in his Letters he should write which should seem contrary to the Laws they should not obey them And Anastatius the Emperour made this wholesome sanction admonishing all the Iudges of his whole Republike that they should suffer no Rescript no pragmaticall sanction no sacred adnotation which should seem repugnant to the generall Law or the publike profit to be produced in the pleading of any suite or controversie enough eternally to shame and silence those flattering Courtiers Lawyers Divines who dare impudently yea impiously suggest the contrary into Princes Ears to excite them to Tyrannize and oppresse their subjects against their expresse Oathes inviolably to observe and keep the Laws their Duties the very Lawes of God and man of which more in the seventh and eight Observation Fourthly That Kings and Emperours can neither anull nor change the Laws of their Realms nor yet impose any new Laws Taxes or Impositions on them without the consent of their People and Parliamets This I have largely manifested in the first Part of this Discourse and the premised Histories with the Authors here quoted in the three precedent Observations attest and prove it fully for if the whole Kingdom Parliament and Laws themselves be above the King or Emperour and they receive their Soveraign Authority from the â—eople as their publike servants It thence infallibly follows that they cannot alter the old Laws which are above them nor impose new Lawes or Taxes to binde the whole Kingdom people without their assents they being the Soveraigne Power This point being so clear in it self so plentifully proved in the premises I shall onely adde this passage out of Iunius Brutus to ratifie it If Kings cannot by Law change or extenuate Laws once approved without the consent of the Republike much lesse can they make and create new Laws therefore in the German Empire if the Emperour think any Law necessary he first desires it in the generall assemblies if it be approved the Princes Barons and Deputies of Cities subsigne it and then it is wont to be a firme Law Yea he swears that he will keep the Laws Enacted and that he will make no news Laws but by common consent In the Kingdom of Poland there is a Law renewed An. 1454 and 1538. That no new Laws or Constitutions shall be made but onely by publike consent or in any place but in Parliament In the Realm of France where yet commonly the authority of Kings is thought most ample Laws were heretofore enacted in the Assembly of the three Estates or in the Kings ambulatory Councell but since there hath been a standing Parliament all the Kings Edicts are void unlesse the Senate approve them when as yet the Arrests of that Senate of Parliament if the law be wanting even obtain the force of a Law So in the Kingdoms of England Spain Hungarie and the rest there is and of old hath been the same Law For if Kingdoms depend upon the conservation of their Laws and the Laws themselves should depend upon the lust of one Homuncio would it not be certain that the Estate of no Kingdom should ever be stable Would not the Kingdom necessarily stumble and fall to ruine presently or in a short space But if as we have shewed the Lawes be better and greater than Kings if
or rather a function If a function what community hath it with a propriety If a possession whether not at least such an one that the same people by whom it is delivered may perpetually retain the propriety to it self Finally if the patrimonie of the Eschequer or demaines of the Republike be truely called a Dower and truely such a Dower by whose alienation or delapidation both the Republike it self and Kingdom and king himself finally perisheth by what law at last shall it be lawfull to alienate this Dower Therefore let Wenceslaus the Emperour be infatuated let Charles the sixth king of France be distracted and give or sell the kingdom or a part thereof to the English let Malchom king of Scotland prodigally spend the Crown land and royall Treasure what will follow Those who have chosen a king against the invasions of Forraigners by the folly or madnesse of the king shall be made the servants of Forraigners those who by this means would severally desire to secure their Estates shall all of them together be exposed to a prey those things which every one shall take from himself or from his pupils as in Scotland that he might endow the Commonwealth some Bawd shall riotously consume But if as we have already often said kings be created for the peoples use what use at all shall there be if not onely the use but even the abuse be granted To whose good are so many evils to whose benefit so many losses so many perils If I say whiles I desire to look after my liberty or safetie I make my selfe a slave I expose my selfe to the lust of one man I put my self into Fetters and Stocks Therefore we see this Law as it is infused by nature so likewise it is approved by use almost among all Nations that it is not lawfull for the king to diminish the Commonwealth at his pleasure and he who doth contrary is censured to play not the king but Tyrant Certainly where kings were created there was a necessity to give them some Revenues by which they might both support their Royall State but most principally sustain the Royall burthens for so both honesty and profit seemed to require It pertained to the Royall Office to see Judges placed every where who should not take gifts and who should not prostitute the Law to â—ale Moreover to provide a force ready at hand which should assist the Law when ever there should be need to preserve the wayes safe Commerce safe c. but if warre were feared to fortifie Cities with a Garrison to inviron them with a Trench against enemies to maintain an Army to furnish Armories Now this is a know proverb that peace cannot consist without warre nor war without souldiers nor souldiers without wages nor wages without tribute Therefore to sustaine the burthens of Peace the demesne was instituted which among the Lawyers is called Canon to defray the charges of warre tribute yet so as if some more heavy charge should accrue an extraordinary ayde given by Parliament should supply the end of all which verily is the good of the Commonwealth so as he that converts it to his private use is plainly unworthy the name of a king For a Prince saith Paul is the Minister of God for the peoples good and Tributes and Customes are paid to him that he may continually attend thereto And truely heretofore almost all Customs of the Romanes seem to have had this Originall that the precious Merchandize used to be brought out of India Arabia Aethiopia might be secured against piraticall invasions for which cause a Navie was furnished of which kinde was the tribute of the Red-sea Pedatica Navigia Portoria and the rest that the publike wayes which were therefore called Pretorian Consular Royall should be rendred safe from theeves plain and easie which charge even now lieth upon the kings Attorny that the publike Bridges should be repaired as appears out of the Constitution of Lewes the godly twelve over Seyne that Ships should be ready at hand to transport men over Rivers c. There were no Tributes of Saltpits yea most of them were in the Dominion of private men because what things nature did voluntarily give they thought ought no more to be sold then Light Ayre water And whereas a certain King named Lycurgus had begun to impose a Tax on Salt pits as if nature would not suffer her liberality to be restrained they are said to have been presently dried up although at this day If we beleeve Palphur or Armilot Whatever good or faire thing can be got Out of the Whole Sea in each Realme it flowes Some custome to the Kings Exchequer owes He who first instituted this custome at Rome was Livius Censor whence he obtained the surname of Salinator which he did for the most present necessity of the Commonwealth For that very cause truly King Philip obtained it onely for five yeares whose continuation what commotions it hath produced every man knoweth Finally that tributes were instituted to pay Souldiers wages in warres appeares even from this that to make a Province stipendary or tributary is the selfe-same thing indeed Thus Solomon imposed Tributes to fortifie Cities and to furnish a publike Armory which because they were finished the people under Rehoboam desired to be eased thereof Yea the Turkes themselves call the Tribute of Princes The sacred blood of the People which profusely to spend or to convert to any other use but to defend the people is a cursed act Therefore what things soever a King acquires in warres in every Nation because he gaines it by the common treasure â—e acquires it to the people not to himselfe as a factor doth to his Master Moreover if perchance he gaine any thing by marriage which I say is pure and simply his wives he is thought to acquire it to the Kingdome because he was presumed to marry that wife not as he is Philip or Charles but as he is King On the contrary as Queenes have part of those things which their husbands not yet co-opted into the Kingdome have gained during the marriage so plainly they have no part of those things they get after they have obtained the Kingdome because they are reputed gained to the publike Treasures not to the private meanes of the King which was judged in the Realme of France between Philip Valoyes and Ioan of Burgundy his wife Now lest the monies should be extorted to some other use the Emperour sweares that he will impose no customes nor enjoyne no taxes but by the Authority of a publike Assembly The Kings of Poland Hungary Denmarke England doe the like out of the Lawes of Edward the first The French Kings heretofore demanded Tributes in the Assemblies of the three Estates Hence also is that Law of Philip Valoyes That impositions should not be imposed but upon great and urgent necessity and that by the consent of the Three Estates Moreover in times past those taxes were laid up in Castles throughout
every Diocesse and delivered to selected men they even now call them Elected to be kept by whose hand the Soldiers enrolled in every Town should receive their wages which was also usually done in other Countries as in the Belgick At this day at least whatsoever things are commanded are not confirmed unlesse the Parliament consent Now there are some Provinces which are not bound by covenant but by the consent of the Estates as Languedoc Britain Province Dolphenie and some others and in the Netherlands clearly all Finally lest the Eschequer swelling like the spleen whereby all the other Members do pine away should draw all things to it self every where a due proportion is allotted to the Eschequer Since therefore at last it appeares that the tributes customes demesall that which they call demesnes under which names Portages Imposts Exposts Royalties wrâ—cks forfeitures and such like are comprehended which are ordinarily or extraordinarily given to Kings were conferred on them for the benefit of the people and supportation of the kingdome and so verily that if these nerves should be cut in sunder the people would fall to decay these â—oundation being under-mined the Kingdome must needs fall to the ground it truely followes that he who to the prejudice of the people burthens the people who reaps a gain out of the publike losse and so cuts their throat with their own sword is not a King but a Tyrant contrarily that a true King as he is a survey or of the publike affaires so likewise an Administrator of the publike riches but not a proprietary Lord who can no more alienate or dissipate the Royall Demesnes then the kingdome it selfe but if he shall demene himselfe otherwise verily as it is behoovefull to the Republike that every one should use his own proper goods well much more is it beneficiall for the Commonweal that every one should use the publike estate well And therefore if a Lord who prodigally spends his Estate is by publike authority deduced to the Wardship of his kinsmen and Family and compelled to abstaine from his possessions then truly much more justly the Gardian of the Republike who converts the publike Administration of all wealth into the publike destruction or utterly subverts it may justly be spoiled by those whom it concernes and to whom it belongeth out of Office unlesse he desists upon admonition Now that a King in all lawfull Empires is not a proprietary Lord of the Royall patrimony is easie to be manifested That we may not have recourse to those most ancient ages whose Image we have in the person of Ephron king of the Hittites who durst not verily fell his field to Abraham without the peoples consent that very law is at this day used in all Empires The Emperour of Germany before he is Crowned sacredly swears That he will alienate distract or morgage nothing of those things which appert un to the Empire and the patrimony of the Empire but if he recovers or acquires any thing by the publike Forces that it shall come to the Empire not to himself Therefore when Charles the fourth that Wenceslaus his sonne might be designed Emperor had promised an 100000 Crowns to every one of the Electors and because he had no ready monies had obliged to them by way of pawne to this end the Imperiall Customs Tributes Townes Proprieties and Rights there arose a most sharp dispute about it and the most judged the morgage to be void which verily had not availed unlesse that morgage had been gainfull to those very men who ought to defend the Empire and principally to oppose that morgage Yea therefore Wenceslaus himself was compelled as incapable to deprive himself of the Empire because he had suffered the Royall Rights especially the Dukedome of Millain to be taken from him In the Polish kingdom there is an ancient Law of not alienating the Lands of the Kingdom of Poland renewed An. M. CCCLXV by king Lewes There is the same Law in the Realm of Hungary where we reade that Andrew king of Poland about the year M. CCXXI was accused before Pope Honorius the third that neglecting his Oath he had alienated the Crown Lands The like in England in the Law of K. Edward An. M. CCXCVIII Likewise in Spain by the Constitution made under Alphonso renewed again MDLX in the Assembly at Toledo which Lawes verily were enacted when as custome for a long time before had obtained the force of a Law But verily in the kingdome of France wherein as in the pattern of the rest I shall longer insist this Law was ever sacrosanct It is the most ancientest Law of the Realme I say the Law born with the Kingdom it self Of not alienating the Crown or demesne Lands renewed in the year M D 66. although it be ill observed Two cases onely are excepted Panage or Apennage aliments to be exhibited to his children or brethren yet so as the clientelary right be alwayes retained again if warlike necessitie require it yet with a pact of reddition Yet in the interim both of them were heretofore reputed void unlesse the Assembly of the three Estates had commanded it but at this day since a standing Parliament was erected it is likewise void unlesse the Parliament of Paris which is the Senate of Peers and the Chamber of publike accounts shall approve it and the Presidents of the Eschequer also by the Edict of Charles the 6 and 9. And this is so farre forth true that if the ancient Kings of France would endow any Church although that cause then seemed most favourable they were bound to obtain the consent of the Nobles as king Childebert may be for an example who without the consent of the French and Normans durst not endow the Monastery of S. Vincents in Paris as neither Clodovess the second and the rest Moreover they cannot release the Royalties or the right of nominating Prelates to any Church but if any have done it as Lewes the eleventh in favour of the Church of Sennes and Philip the fourth of Augiers Philip Augustus of Naverne the Parliament hath pronounced it void The king of France when he is to be Crowned at Rheimes sweares to this law which if he shall violate it avails as much as if he contracted concerning the Turkish or Persian Empire Hence the Constitutions or as they call it the Statutes of Philip the sixt Iohn the 2 d Charles the fift sixt eight of resuming those things which were alienated by their Ancestoâ—â— of which resumptions there are many instances cited by Hugo Grotius de Iure 〈◊〉 Pacis l. 2. c. 14. n. 12. 13. Adnotata Ibid. Hence in the Assembly of the three Estates at Towres An. 1323. 1360. 1374. 1401. 1483. in which Charles the eight was present many Towns of the alienation of Lewes the eleventh his Father which he had by his own Authoritie given to Tancred Castellan who demerited well of him were taken from his Heirs which even in the last assembly
of the three Estates held at Orange was again decreed Thus concerning publike Lands But that it may the more evidently appeare that the kingdome is preferred before the king that he cannot by his private Authoritie diminish the Majestie which he hath received from the people nor exempt any one from his Empire nor grant the right of the Soveraign Dominion in any part of the Realm Charles the great once endeavoured to subject the Realm of France to the German Empire but the French vehemently withstood it a certain Vascon Prince making the Oration The matter had proceeded to Arms if Charles had proceeded further Likewise when some part of the Realm of France was delivered to the English the supreme right was almost perpetually excepted but if Force extorted it at any time as in the Brittish League wherein king Iohn released his Soveraign Right in Gascoigne and Poytiers the king neither kept his Contract neither could or ought he more to keep it then a Captain Tutor or Guardian as then he was who that he might redeem himselfe would oblige the goods of his Pupils By the same Law the Parliament of Paris rescinded the agreement of the Flusheners wherein Charles of Burgundy extorted Ambian and the neighbour Cities from the king and in our time the agreement of of Madrit between Francis the first a Captive and Charles the fift the Emperour concerning the Dukedome of Burgundy was held void and the Donation of Charles the sixt of the kingdom of France by reason of death conferred on Henry king of England may be one apt argument of his extreme madnesse if others be wanting But that I may omit other things which might be said to this purpose by what right at last can a king give or sell his kingdom or any part thereof seeing they consist in the people not in the walls now there is no â—ale of free men when as Land-Lords cannot so much as constrain their free Tenants that they should settle their Houshold in any other place then where they please especially seeing they are not servants but Brethren neither onely are all kings Brethren but even all within the Royall Dominion ought to be so called But whether if the king be not the proprietorie of the Realme may he not at least be called the usufructuary or receiver of the profits of the Crown Lands Truely not so much as an usufructuary A usufructuary can Pawn his lands but we have proved that kings caÌ„not morgage the Patrimony of the Crown A fructuary can dispose or give the profits at his pleasure contrarily the great gifts of the king are judged void His unnecessary expences are rescinded his superfluous cut off what ever he shall convert into any other but the Publike use he is thought to have violently usurped Neither verily is he lesse obliged by the Cincian Law then any private Citizen among the Romanes especially in France where no gifts are of force without the consent of the Auditors of the Accounts Hence the ordinary Annotations of the Chamber under prodigall kings This Donation is too great and therefore let it be revoked Now this Chamber solemnly swears that whatsoever rescript they shall at any time receive from the king that they will admit nothing which may be hurtfull to the kingdom and Commonweale Finally the Law cares not how a Fructuary useth and enjoyeth his profits contrarily the Law prescribes the king in what manner and unto what use he ought to put them Therefore the ancient kings of France were bound to divide the Rents into four parts one part was spent in sustaining the Ministers of the Church and the poor another upon the kings Table the third on the Wages of his houshold servants the last in the repaire of royall Castles Bridges Houses the residue if there were any was laid up in the Treasury Verily what stirs there were about the year 1412 in the Assembly of the three Estates at Paris because Charles the sixt had converted all things into his and his Officers lusts and that the Domestick accounts which before had not exceeded 94 thousand French Crowns in such a miserable estate of the republike had increased to the sum of five hundred and forty thousand Crowns is sufficiently evident out of Histories Now as the rents of the Crown were thus lessened so also the oblations and subsidies were spent upon the Warre as the taxes and tallages were onely destinated to the stipends of Souldiers In other Realms the King verily hath not any more Authority yea in most he hath lesse as in the Germane and Polish Empire But we would therefore prove this to be so in the Realm of France lest by how much any man dares to doe more injury by so much also he might be thought to have more right In summe what we have said before the name of a King sounds not an inheritance not a propriety not a perception of profits but a function a procuration As a Bishop is instituted for the cure and salvation of the soul so the King of the body in those things which pertain to the publike goods as he is the dispenser of sacred goods so the King of prophane and what power he hath in his Episcopall the same and no greater hath the King in his dominicall Lands the alienation of the Episcopall Lands without the consent of the Chapter is of no validitie so neither of the Crown Land without a publike Parliament or Senate of the Estates Of sacred revenews one part is designed to aedifices another to the poor a third to Companions a fourth to the Bishop himself the same verily almost we see the King ought to do in dispensing the revenewes of the Kingdom It hinders not that the contrary every where is at this day usurped For the duty of Bishops is not any way changed because many Bishops sell those things from the poor which they spend upon Bawds or wast all their Mannors and Woods nor yet that some Emperours have attributed all kinde of power to themselves for neither can any one be judge in his own Cause But if any Cararalla hath said That so long as his sword remains he would want no money Adrianus Caesar will also be pâ—esent who shall say That he would manage the Principality so as all should know that it was the peoples goods or inheritance not his own which one thing almost distinguisheth a King from a Tyrant Not that Attalus King of Pergameni ordained the people of Rome â—eirs of his Realme that Alexander bequeathed the kingdom of Aegypt â—tolomie of the Cyrenians to the people of Rome or Prasutagus of the â—ceni to Caesar verily this great power cannot debilitate the force of the Law yea by how much the greater it is by so much the lesse it hurts our law for what things the Romanes seized upon by pretext of law they wouâ—â— notwithstanding have seized on by force if that pretext had been wanting Yea we see almost in our â—imes
from the ancient forme of the Oath which is extant in the Library of the Chapter of Belvace to which Philip the first is found to have sworn yet notwithstanding they are plainly enough expressed Neither is the King girt with a sword annointed crowned by the Peeres who even themselves are adorned with Coronets or receives the Scepter or rod of Iustice or is proclaimed King before THE PEOPLE HAVE COMMANDED IT Neither doe the Peeres themselves swear fealty and homage to him untill he shall have given his faith unto them That he will exactly keep the Lawes Now those are that hee shall not waste the publike Patrimony that he shall not impose nor enjoyn customes Taxes Tributes at his owne pleasure Nor deneunce warre or make peace Finally that he shall determine nothing concerning the publike affaires but in a publike Councell Also that the Senate the Parliaments the Officers of the Kingdome shall constantly enjoy their severall authorities and other things which have been alwayes observed in the Realm of France Yea verily when he enters into any Province or City hee is bound to confirm their priviledges and he binds himselfe by Oath to preserve their Lawes and Customes Which custome takes place by name among those of Tholouse Dolphenie Britanny Province and Rochel whose agreements with Kings are most expresse all which should be frustrate unlesse they should be thought to hold the place of a condition in the contract Yea Charles the 7. made a peace with Philip Duke of Burgundy whose Father Iohn he had â—reacherously slain with this expresse clause contained in it confirmed with the Kings own Seale That if he should break this Agreement his Tenants feudataries and subjects present and to come should not be thence forth bound either to obey or serve him but rather the Duke of Burgundy and his Successours and that they should be freed and absolved from all the fealty Oathes promises obligations and duties whatsoever under which they were formerly obliged by Charles The like we read between King Lewis and Charles the Bald. Yea Pope Iohn the 22. in the Treaty between Philip the long of France and the Flâ—mmings caused it to be set downe That if the King did infringe the Treaty it might be lawfull for his Subjects to take Armes against him And if was usuall among the first Kings of France in their Treatises with other Princes to sweare that if they brake the Treaties made by them their Subjects shall be free from their obedience as in the Treaty of Arras and others The Oath of the ancient kings of Burgundy is extant in these words I will conserve Law justice and protection to all men In England Scotland Sweden Donmarke there is almost the same custome as in France and verily no where more directly then in Spain For in the Kingdome of Arragon many ceremonies being dispatched between him who represents the justice of Arragon or publike Majesty who sits in an higher Throne and having read the Lawes and conditions which he is to observe who is to be crowned King Who both fealty and homage to him the Nobles at last speake thus to the King in their owne language We who are as powerfull as you for so the Spanish Idiom imports and can doe more then you have chosen you King upon these and these conditions Between you and us there reignes one greater then you to wit the Iustice of Arragon Now lest he should think he had sworn those things onely perfunctorily or onely for to observe the old custome these very words are wont to be repeated every third yeere in the publike Assembly But if he shall grow insolent trusting to his Royall power shall violate the publike Lawes finally shall neglect the Oath he hath taken then verily by the Law it selfe he is deemed excommunicated with that grandest excommunication or Anathema wherewith the Church in former times excommunicated Iulian the Apostate whose force truly is such that no more prayers may be conceined for him but against him and they themselves are clearly absolved from their Oath and Obligation by that Law whereby a vassall out of duty ought not to obey an excommunicated Lord neither is bound to do it by his Oath which is ratified among them by the Decree both of a Councell and of a Parliament or publike Assembly Likewise in the kingdome of Castile an Assembly being summoned the King that is to be crowned is first publikely admonished of his duty after which most expresse conditions are read which pertaine to the profit of the Republike Then the King sweares that he will diligently and faithfully observe them then at last the great Master of the Knights binds himselfe to him by Oath whom the other Princes and Deputies of Cities afterwards follow every one in his order which also is in like manner observed in Portugall Leon and the other kingdomes of Spain Neither verily were lesser principalities instituted by any other Law There are extant most expresse agreements of the Brabanders of the other people of Belgia Austria Carintha and other provinces made with their princes which verily have the place of conditions But the Brabanders expresly that place might not be left to any ambiguity have expressed this condition For in inaugurating their Duke in ancient conventions wherein there is almost nothing wanting for the preservation of the Republike they being all read over before the Duke they protest openly and plainly to him that unlesse he shall observe them all That it shall be free for them to chuse another Duke at their pleasure Which conditions he embracing and willingly acknowledging he then binds himselfe by Oath to observe them which was also observed in the inauguration of Philip the last King of Spaine In sum no man can deny but that there is a mutuall binding contract between the King and subjects to wit That he raigning well shall be well obeyed Which verily is wont to be confirmed with an Oath by the King first afterwards by the people Now verily I demand here why any man should sweare but that he may shew that he speaks from his heart and seriously whether truly is there any thing more agreeable to nature then that those things which have pleased us should be observed Moreover why doth the King swear first at the peoples stipulation or request but that he may receive either a tacit or expresse condition But why is a condition annexed to a contract but onely to this end that if it bee not fulfilled the contract should become voide in Law it selfe But if through default of performing the condition the contract be voide in Law it selfe who may call the people perjured who shall deny obedience to a King neglecting that condition which hee might and ought to fulfil violating that law to which he hath sworn Yea who on the contrary would not account the King faedifragous perjurious altogether unworthy of that benefit For if the Law freeth the Vassal from the bond of
his Tenure against whom the Lord hath committed felony or perjury although the Lord truly doth not properly give his faith to his Vassall but his Vassall to him if the Law of the twelve Tables commands a Patron who defrauded his Client to be detestable if the civil laws permit a villain enfranchised an action against the outragious injury of his Lord if in these cases they free a servant himself from his Masters power wheras yet there is only a naturall not civill obligation therein I shall adde out of Dejure Magistratus in subditos If in Matrimony which is the nearest and strictest obligation of all other between men wherin God himselfe intervenes as the chief Author of the contract and by which those who were two are made one flesh if the one party forsakes the other the Apostle pronounceth the party forsaked to be free from all obligation because the party deserting violates the chief condition of marriage c. Shal not the people be much more absolved from their Allegiance which they have made to the King if the King who first solemnly sweares to them as a Steward to his Lord shall break his faith Yea verily whether if not these Rights not these Solemnities not these Sacraments or Oathes should intervene doth not nature it selfe sufficiently teach that Kings are constituted by the people upon this condition that they should reign well Iudges that they shall pronounce Law Captaines of warre that they should lead an Army against enemies But and if so be they rage offer injury so as themselves are made enemies as they are no Kings so neither ought they to be acknowledged by the people What if thou shalt say that some people subdued by force the Prince hath compelled to swear to his commands What say I if a Thiefe a Pyrate a Tyrant with whom no society of Law or Right is thought to be should with a drawn sword violently extort a deed from any one Is it not known that fealty extorted by force bindeth not especially if any thing be promised against good manners against the law of nature Now what is more repugnant to nature then that a people should lay chaines and fetters upon themselves then that they should lay their own throats to the sword then that they should lay violent hands upon themselves or which is verily the same thing promise it to the Prince Therefore there is a mutuall obligation between the King and people which whether it be only civill or naturall tacit or in expresse words can be taken away by no agreements violated by no Law rescinded by no force Whose force only is so great that the Prince who shall contemptuously break it may be truly called a Tyrant the people who shall willingly infringe it seditious So this grand accute Lawyer determines I shall close up this with the unanimous resolutions and notable decree of the United Netherland Provinces Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Seigniorie of the Netherlands for his Tyranny and breach of Oath which is thus recited by Grimstone and recorded in his generall History of the Netherlands page 658 to 667. In the alterations which happen sometimes in an Estate betwixt the Soveraigne Prince and a people that is free and priviledged there are ordinarily two points which make them to ayme at two divers ends The one is when as the Prince seeks to have a full subjection and obedience of the people and the people contrariwise require that the Prince should maintaine them in their freedomes and liberties which he hath promised and sworne solemnly unto them before his reception to the principalitie Thereupon quarrels grow the Prince will hold a hard hand and will seek by force to bee obeyed and the subjects rising against the Prince oftentimes with dangerous tumults rejecting his authority seek to embrace their full liberty In these first motions there happen sometimes conferences at the instance of neighbours who may have interest therin to quench this fire of division betwixt the Prince and his subjects And then if any one of the parties groweth obstinate and will not yeeld although he seeme to be most in fault it followeth of necessity that they must come to more violent remedies that is to say to armes The power of the Prince is great when hee is supported by other Princes which joyn with him for the consequence of the example else it is but small but that of the people which is the body whereof the Prince is the head stirred up by conscience especially if the question of Religion be touched the members ordained for their function doing joyntly their duties is farre greater Thereupon they wound they kill they burne they ruine and grow desperately mad but what is the event God who is an enemy to all tyranny and disobedience judgeth quarrels weigheth them in his ballance of justice helping the rightfull cause and either causeth the Prince for his rigour and tyranny to be chased away and deprived of his estate and principality or the people for their contempt and rebellion are punished and reduced unto reason which causeth the alterations to cease and procureth apeace whereof we could produce many examples both antient and moderne if the relation of this history did not furnish us sufficiently So the generall Estates of the united Provinces seeing that King Philip would not in any sort through his wilfulnesse yeeld unto their humble suite and petitions and notwithstanding all the offers they could make to purchase a good firme and an assured peace notwithstanding all the intercessions both of the Emperour the French King the Queen of England and other great Princes and Potentates of Christendom yet would he not give eare to any other reason but what himselfe did propound the which the said Estates did not only find unjust and unreasonable directly repugnant to their liberties constitutions and freedomes of the Countrey but also contrary to their consciences and as it were so many snares layed to catch them which were in no sort to be allowed of nor received considering the qualitie of their affair and his according to the time In the end rejecting all feare of his power and threats seeing they were forced to enter into all courses of extremity against a Prince which held himselfe so hainously offended as no reconciliation could be expected relying upon the justice and equitie of their cause and sinceritie of their consciences which are two brazen bulwarks they were fully resolved without dissembling to take the matter thus advanced in hand and opposing force against force meanes against meanes and practises against practises to declare him quite fallen from the Seigniorie preheminence and authority which before the troubles the breach of their priviledges right freedomes and immunities so often and so solemnly sworne by him and dispensation of his Oaths he had or was wont to have in the said Provinces respectively Whereof they made open declaration by a publick Edict the
as Kings are a truth undeniable confessed by all our Kings in their ordinary Writs to Bishops as the words REX EADEM GRATIA Episcopo attest But they for their offences and misdemeanors contrary to their function may be both forcibly resisted censured deprived degraded yea and executed thnotith standing their divine right and institution as the Canons of most Councels we practise of all ages yea the expresse letter of the 26. Article of the Church of England with all our Episcopall Canons and Canonists attest Therefore tyrannicall degenerating Kings may be so too by the selfe-same reason in some cases Thirdly this Title of Dei gratia in Publike Writs anciently hath beene and yet is common to Bishops Prelates inferiour Magistrates and Subjects as well as to Kings as sundry precedents in our Law bookes Matthew Paris Salon with others attest and Mr. Iohn Selden in his Titles of Honour part 1. chap. 7. Sect. 2 p. 123. professedly proves at large to whom I shall referre you But these both lawfully may be and alwayes have beene forcibly resisted questioned convented deprived censured for their tyranny and misdemeanors notwithstanding this their stile of Dei gratia or pretence of divine institution yea we know that Bishops have beene lately thrust out of many Churches notwithstanding their long pretended Ius Divinum to support their Hierarchy and Iohn Gerson a Papist hath writ a particular Treatise De Auferibilitate Papae notwithstanding the Popes pretended Divine Title to his Monarchy which may be now and one day shall be totally abolished Therefore tyrannicall degenerous Kings may be justly resisted censured deprived as well as they and royalties changed into other governments by the peoples and kingdomes common consents if they see just cause If any secondly object That Kings are annoynted at their Coronation Therefore their persons are sacred irresistible unquestionable unpunishable for any tyrannicall or exorbitant actions whatsoever I briefely answer first that every Christians Baptisme being a Sacrament of Christs owne institution at least his spirituall unction and sanctification as I have formerly proved makes a person as sacred yea more holy then Kings annoynting being no Sacrament can or doth of it selfe make the person of any King whatsoever A truth which no Christian can without blasphemy deny But Baptisme and the inward unction of the spirit of grace and sanctification exempts no Christians from resistance censure punishments of all sorts in case they commit any exorbitant or capitall crimes as experience tels us Therefore Kings Coronation annoyntings cannot doe it Secondly Priests anciently were and at this day too in the Roman Church are annoynted as well as Kings and so are children and siâ—ke persons that I say not Altars Bels c. with Chrisme and extreame Vnction But these Unctions conferre no such immunity to Priests children sicke men others c. Therefore neither can this annoynting doe it to Kings especially now being no divine institution Thirdly The annoynting of Kings is not common to all Christian Kings many of them especially in former times having beene crowned without any annoynting at all but peculiar to Emperours and to the Kings of Ierusalem France England and Sictly the foure annoynted Kings onely as Albericus Restaurus Castaldus Antonius Corsetus Azorius Cassanaeus and sundry others affirme out of the old Roman Provinciall though some other Kings have now and then beene annoynted when they were crowned as Mr. Selden Proves Since therefore all Kings persons are reputed sacred as well as these foure who are annoynted and these Kings as soone as the Crowne descended to them even before their Unctions and Coronations were deemed as sacred and inviolable as before it is certaine that their very enoyling of it selfe makes no addition to their personall immunities from just resistance publike censures or deprivations for grosse unsufferable publike crimes Fourthly the annoynting of Christian Emperours and Kings is not very ancient Charles the great being the first annoynted Emperour it we beleeve Mr. Selden The first annoynted King in France was Pipin about the yeare 750. the annoynting of their Clovis the first about they yeare 500. with that holy Vial of never-decaying Oyle reserved at Rheimes to annoynt their Kings which they say a Dove brought downe from Heaven to annoynt him with a ridiculous Monkish fable much insisted on by Bochellus and other French-men who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial at the French Kings Coronations being not at his Coronation as many fondly mistake but onely at his baptisme as Mr. Selden manifests by pregnant authorities The annoynting of Kings is farre more ancient in England then in any other Realme as Mr. Selden notes out of Gildas yet Egfert is the first of whose annoynting there is any intimation in our Histories about the yeare 790. To adde to the holinesse of which ceremony some of our Monkes in latter ages have forged a Legend as good as that of the holy Vial at Rheimes that the Virgin Mary gave to Thomas Becket Archbishop of Canterbury during his exile under Henry the second a golden Eagle full of precious Oyle inclosed in a stone vessell commanding him to preserve it foretelling him that the Kings of England annoynted with this Oyle should be Champions of the Church and bountifull and victorious as long as they had â—his Eagle oyle How late the Unction of Kings began in other Realmes you may read at large in Mr. Selden and how the later Kings of Iudah were annoynted and with what unguent or Oyle the curious may read at leisure in Cunaeus This annoynting therefore of Kings being not of divine institution of such puny date in most Realmes and no wayes necessary nor essentiall to the constitution or Inauguration of any Christian King can adde no immunity or priviledge at all to the persons of Kings much lesse exempt them from all forcible resistance just censures or deprivation it selfe if there be just and reall cause to proceed criminally against them in case of incorrigibility as I have elsewhere more fully demonstrated and therefore shall no further expatiate in this particular here onely I shall conclude with one notable History which proves it I read in Gulielmus Neubrigensis that for an hundred yeares space and more though there were a numerous succession of Kings in Norway yet none of them ended his life by old age or sicknesse but all of them perished by the sword leaving the soveraigne power of the Realme to their murderers as to their lawfull successors so as to all those who are knowen to have reigned there for so long a time that which is written might seeme to have reference Hast thou slaine and also taken possâ—ssion The Nobles of this Land out of a pious endeavour desirous to heale this infamous mischiefe obteining now the vigour of a Law as it were through long custome decreed That the new King should be solemnly annoynted with a mysticall unction and crowned so as no man
secular standing by in great number called and requested to the things above written And I Nicholas Berchtoldi Fridberg Clerke publike Notary of the Diocesse of Mentz by Episcopall and Emperiall authority and sworne Scribe of my foresaid most gracious Lord Lord John Archbishop of Mentz because at that time I was personally present when this sentence which we have fore-writ was given and pronounced together with the publike Notaries and witnesses commemorated and saw and heard all these things to be done therefore at the command and request of my foresaid most gracious Lord of Mentz have reduced this publike instrument faithfully put in writing into publike forme and have subsigned and ratified it with my accustomed signe of Notariship having likewise annexed the great Seale of my foresaid Lord of Mentz in assurance and testimony of all the premises The names of the Notaries are Nicholaus Berchtoldi Fridburgensis Ioannes Meier junior Gasterveidensis Conradus a Leiborn Clerious Padebornensis diaecesis Henricus Sâ—alberg Rotenbergensis Tilmannus a Honberg Conradus Coler Zusâ—ensis Coloniensis diaecesis Finally it is evident that the Nobles Magistrates Parliament and representative body of the people or some part of them in default of the rest may lawfully take up defensive armes to resist their Princes endeavouring to abrogate the Law of God to waste the Church and extiâ—pate the true Religion setled among them by the Lawes and usher in Idolatry And that in such a case as this neighbour Princes and States lawfully may yea and ought in point of conscience to aide the Subjects of other Princes afflicted for the cause of pure Religion professed by them or oppressed by open Tyranny These propositions are largely and professedly debated by Iunius Brutus in his Vindiciae contra Tyrannos quaest 1. 2. 4. throughout in the Treatise intituled De Iure Magistratus in Subditos spent wholly in this Theame Georgius Obrectus Disput. Iurid de Principiis Belli Num. 125. to 199. by Vasquius Contr. Illustr 36. n. 30. and elsewhere by Alhericus Gentilis and sundry others forecited I shall onely fortifie the later part thereof with the observation of the Duke of Rhoan who acquaints us that it is and hath beene of later yeares the very true interest honour and greatnesse of the Kings and Queenes of England both in point of policy and Religion to protect and assist with armes all Princes of the Reformed Protestant Religion in France Germany and other parts as it is the true interest of the Kings of Spaine to protect and releeve all oppressed or grieved Roman Catholicks under the Dominion of other Princes and that their honour safety and greatnesse principally consists in the observation and maintenance of this their interest and with the words of Iunius Brutus who thus states and debates the Question An Iure possint aut debeant Vicini Principes auxilium ferre aliorum principum subditis religionts causa afflictis aut manifesta tyâ—annide oppressis In defining this question saith he there is more need of conscience then science which would be altogether idle if charity obtained its place in this world But because as the manners of the times are now there is nothing more deare or rare among men then charity it selfe we thinke meete briefely to discusse it The Tyrants as well of soules as bodies as well of the Church as Common-wealth or Realme may be restrained expelled and punished by the people Both these we have already proved by reasons But because such is the fraud of Tyrants or such the simplicity of subjects for the most part that they are scarce known before that they have spoyled or these scarce thinke of their safety till they have almost perished and are reduced into those straits out of which they cannot get out with their owne forces so as they are compelled to implore the aide of other it is questioned Whether they defending the cause of Religion or of the Common-wealth of the Kingdome of Christ or of their owne Kingdome other Christian Princes may lawfully assist them And truly many whiles they have hoped to increase their wealth by ayding the afflicted have presently judged it to be lawfull For thus the Romans Alexander the great and many others under pretext of suppressing Tyrants have frequently enlarged their Dominions and not long since we have seene Henry the second King of France to have made warre with the Emperour Charles the fifth and that under pretext of succouring and defending the Princes of the Empire and of the Protestants too as also Henry the eighth King of England was ready to aide the Protestants in Germany to make worke for Charles the fifth But if any danger may be feared from thence or little gaine may be expected then verily they must heare most Princes disputing whether it be lawfull or no And as those under a pretext of piety did cover either ambition or gaine so these pretend justice for their sloathfulnesse when as verily neither did piety exhort them which seekes onely the good of others nor yet justice ought to dehort these which looks wholly abroad and is as it were cast out of its owne doores Therefore discharging both these let us see first in the cause of Religion what true piety and what true justice may perswade First let it be agreed that there is but one Church whose head is Christ and whose members so cohere and agree among themselves that none of them even the smallest can suffer violence or hurt but the rest are hurt and suffer griefe as the whole Scripture teacheth Therefore the Church is compared to a body Now the body is oft-times affected not onely with the hurt of the arme or legge but even of the very least finger or perisheth with its wound Therefore in vaine may any one boast that he is cordially affected with the safety of the body who when he may defend the whole yet suffers it to be torne and mangled limb after limb It is compared to a buildings Now where mines are made against any part of the building the whole building oft-times fals downe to the ground and the flame which invades any part thereof enâ—â—â—gers gers the whole Therefore he should be ridiculous who because he 〈◊〉 in the callaâ— perchance should delay to drive the flame from the top of the house He should be scarce in his wits who would not prevent mines with countermines because they are made against this wall not against that It is also compared to a Ship Now the whole Ship is endangered together the whole perisheth together Therefore those are equally safe who are in the fore part as those who are in the puppe those who are in keel as safe as those in the shroâ—ds if the storme rage whence verily even in the common proverb those who are conversant in the same danger are said to be in the same Ship These things laid downe verily he who is not moved with its griefe burning to ssing is not of that body is
stretch out an helping hand to an afflicted people and a prostrated Commonweale But thou must do it in such sort that thou mayest not looke after thine owne profit but the good of humane society altogether For since Justice wholly lookes abroad injustice onely regards it selfe thou shalt at last doe this justly if thou shalt have no regard of thine owne profits Briefely if a Prince violently passeth over the fixed limits of piety and justice a neighbour may piously and justly leape over his limits not that he should invade anothers but that he should bid him be content with his owne yea he shall be impious and unjust if he neglect it If a Prince exercise tyranny over the people he may no lesse or lesse slackly assist them than him if the people should move sedition yea he ought to doe it the more readily by how much it is more miserable that many suffer than one If Porsena reduce Tarquin the proud to Rome much more justly may Constantine sent for by the people and Senate of Rome expell Maxentius the Tyrant out of the City Finally if a man may become a Wolfe to a man nothing truely forbids but that a man may be a God to a man as it is in the Proverbe Therefore antiquity hath enrolled Hercules among the number of the gods because he punished and tamed Procrustes Busyris and other Tyrants the pests of mankinde and monsters of the world in every place So also the Roman Empire as long as it stood free was often called The Patrocinie against the Robberies of Tyrants because the Senate was the haven and refuge of Kings People Nations So Constantine sent for by the Romans against Maxentius the Tyrant had God the Captaine of his Army whose expedition the Universall Church exalted with powerfull prayses when yet Maxentius had the same authority in the West as Constantine in the East Likewise Charles the Great undertooke a Warre against the Lombardes being called by the Nobles of Italy to their aide when as yet the Kingdome of the Lombards was long before established and he could claime no right to himselfe over them Likewise when Charles the Bald King of France had by Tyranny taken away the President of that Country which lyeth betweene Seine and Liger Duke Lambert and Iamesius and the other Nobles of France had fled to Lewis King of Germany Charles his Brother by another mother to crave aide against Charles and his mother Iudith a most wicked Woman He in a most ample Assembly of the Germane Princes heard these suppliants by whose unanimous Counsell a warre was publickely decreed against Charles for to restore the exiles Finally as there have beene some Tyrants in every place so likewise among all Historians there are every where examples extant of tyranny revenged and people defended by neighbour Princes which the Princes now at this day ought to imitate in curbing the tyrants both of bodies and Soules of the Republicke and of the Church of Christ unlesse they themselves will be named Tyrants by a most deserved right And that we may at last conclude this Treatise in one word piety commands the Law of God to be observed and the Church to be defended justice that Tyrants and the subverters of Law and the Republike should be curbed charity that the oppressed should be releeved and have a helping hand extended But those who take away these things take away piety justice charity from among men and desire them to be altogether extinguished So he If this then be an irrefragable verity that forraine States and Princes are so farre obliged to assist and relieve those of the same Religion and all others whose liberties rights priviledges are forcibly invaded which our Parliament and State by their assistance of the Netherlands and other Protestant States both in Quaene Elizabeths King Iames and King Charles his reigne approved and justified both by words Acts of Parliament and reall performances then certainly those of the self-same Church Nation Kingdom and fellow Subjects under the self-same Prince betweene whom there is a farre nearer relation much stricter obligation and more strong ingagements ought mutually to aide and assist each other to the uttermost of their abilities when their Religion Lawes Liberties be violently invaded their dearest native Countrey wasted sacked plundered burned ruined in a hostile warre-like manner with open force of Armes either by the King himselfe or a prevailing Malignant Popish faction who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power How much then it now concernes every reall Protestant within this Realme of England and all other his Majesties Dominions to unite all their common forces together unannimously to protect defend maintaine and propagate our established reformed Religion fundamentall Lawes Liberties the very Priviledges of Parliaments their estates liberties lives the peace welfare and common good of their dearest native Countrey and our three united Realmes against all Popish Malignant forces now in armes to invade eclipse impaire subvert sacke ruine them and how monstrously unnaturally unchristianly and detestably impious treacherous perâ—idious all those English Irish and Scottish Protestants proclaime themselves to the present and future age who now trayterously joyne their forces with the Malignant Popish party or prove uncordiall false treacherous and perfidious to their Religion Liberties Countrey and the Parliment who have not onely waged imployed but confided in them and contribute their uttermost endeavours to betray enslave undermine and to sacke burne and totally overturne them as many we finde have done to their eternall infamy I here referre to every mans judgement and conscience seriously to determine Certainly such unnaturall monsters such trayterous Judasses such execrable infamous Apostates as these can expect no other reall remuneration of this their treachery and perfidiousnesse but the ruine of their credits the detestation of their persons memories the confiscation of their estates the extirpation of their families the execrations of all good men the severest judgements of God and utter confusion with horrors of conscience tormenting them constantly day and night whiles they continue languishing under all these miseries here and the sharpest torments the very largest punishments the hottest flames in hell for ever hereafter and those Antichristian Papists who now are and have beene so faithfull active zealous couragious industrious liberall bountifull if not prodigall to prosecute their owne interests designes to maintaine and propagate their false erroneous detestable Religion superstitions idolatries both in England and Ireland with the effusion of their bloud expence and forfeiture of all their estates and never yet deserted or became treacherous to their false execrable cause or Religion in the least degree shall all joyntly rise up in judgement against them both here and hereafter to their sempiternall infamy reproach and most just condemnation O consider this all yee who now so much forget neglect betray both your God your Christ Religion Lawes
Liberties Countrey Parliament yea your very selves your soules bodies estates posterities Consider with your selves the bitter curse denounced by God himselfe against Meroz Iudg. 5. 23. Consider the fatall dismall end of treacherous Iudâ—s Matth. 27. 3. 4 5. Acts 1. 18. 19 20. Consider that dreadfull speech of our Saviour Christ Marke 8. 35. 36 37 38. Whosoever will save his life shall lose it but whosoever shall lose his life for my sake and the Gospels shall save it For what shall it profit a man if he shall gaine the whole world and lose his owne soule or what shall a man give in exchange for his soule Whosoever therefore shall be ashamed of me and of my word in this adulterous and sinfull generation of him also shall the sonne of man be ashamed when he commeth in the glory of his Father with the holy Angels * If we suffer with him we shall also reigne with him if we deny him he will also deny us If we be but fearfull in the cause of Christ we shall be sure to have our part in the lake that burneth with fire and brimstone Rev. 21. 8. O what then will be our portion if we be unzealous negligent perfidious to it or professed enemies especially in open armes against it when it cries out to us for our necessary assistance every where If Iesus Christ will render tribulation to them which doe but trouble his people yea and shall be very shortly revealed from Heaven with his mighty Angels in flaming fire taking vengeance on all them that onely know not God and that obey not the Gospel of Iesus Christ who shall be punished with everlasting destruction from the presence of the Lord and from the glory of his power 2 Thes. 1. 6. to 10. O where shall all those ungodly sinners Rebels and Traytors appeare who now every where murther plunder persecute extirpare Gods dearest Saints and not onely refuse to owne but even desert betray the cause of God and their Countrey who refuse not onely cordially to maintaine the very truth of God the Gospel of Christ which themselves in shew not onely pretend to know but professe but also joyn with Papists and Malignants openly to fight against and totally to suppresse it Certainly if judgement shall beginne at the house of God it selfe as now it doth and if the righteous who defend the cause of God and the Kingdome shall scarcely be saved what these mens dreadfull end and judgement at last shall be transcends my thoughts to conceive my expressions to relate all I can say is this it will be so superlatively miserable and grievous that an eternity of incomprehensible torments will onely be able to demonstrate the infinity and execrablenesse of their sinne O then let all of all sorts consider seriously of this and all the premises and the Lord give them understanding and grace to keepe a good conscience and discharge their severall trusts and bounden duties faithfully cheerefully to their God Religion King Countrey and the Parliament in all things that so they may enjoy the honour comfort benefit of all their faithfull endeavours to defend promote propagate our Religion Lawes liberties and the publike welfare here and the Crowne the full guerdon of them hereafter and poore bleeding dying England and Ireland may now at last attaine that speedy holy lasting honourable blessed peace and unity which all good men cordially pray for and endeavour which doubtlesse had beene easily effected long ere this had we all beene faithfull true reall to the publike cause of God and our Countrey in our severall places and not faithlessely betrayed but sincerely discharged the severall trusts reposed in us to the uttermost of our powers the readiest meane to re-establish and perpetuate our pristine tranquillity which I humbly beseech the God and Prince of peace effectually to accomplish in his owne due season before our whole three Realmes become a desolate Wildernesse an Accheldama a Golgatha as many places of them are already and more like to be if the extraordinary mercy of our ever-gracious God prevent not the mischievous long plotted conspiracies malice rage treachery of unnaturall and deceitfull men FINIS This Oath should have come in the Appendix page 73. line 17. The Oath of CHARLES King of Navarre at his Coronation An. 1390. recorded in the generall History of Spaine l. 17. p. 625. 626. VVED CHARLES by the grace of God King of Navarre c. doe sweare unto our people of Navarre upon the holy Evangelists toucht by us and to the Prelates and rich men of the Cities and good Townes and to all the people of Navarre for all your Rights Lawes Customes Freedomes Liberties and Priviledges that every one of them as they are shall be maintained and kept to you and your successors all the time of Our life without corrupting them bettering and not impairing them in all or in part and that the violence and force which hath beene done to your Predecessors whom God pardon and to you by Vs or Our Officers We shall hereafter command it to cease and satisfaction to be made according unto right as they shall be made manifest by good men of credit After which the Deputies of the State swore in their owne names and for all the Realme faithfully to guard and defend the Kings person and their Countrey and to aide him to keepe defend and maintaine the Lawes and Customes with all their power Errata and Omissions in some Copies Part. 4. p. 1. l. 26. it is p. 9. l. 39. c. 33. p. 27. l. 13. private publike p. 28. l. 7 other 31. pugnae Appendix p. 2. l. 3 parallel p. 4. l. 14. them the people l. 34 p. 5. l. 29. Maximus p. 8. l. 1. Polieuctus p. 39. l. 26. dele in the p. 41. l. 41. other p. 44. l. 40 retired p. 50. l. 44. the hand p. 54. l. 1. Cara Lara p. 55. l. 41. Pacensis p. 59. l. 27 dele the p. 66. l. 34. yeares p. 79. l 12 dele 〈◊〉 l. 3. Mariana p. 129. l. 2. adde 2 Chron. 22. 1. And the inhabitants of Jerusalem made Aliaziah his youngest sonne King in his stead l. 18. confirmed p. 145. l. 2. not from it to p. 147. l. 20. in some sence in private cases p. 150. l. 23. pem patu p. 153. l. 14. Cauarvius p. 162. l. 7. received renued p. 162. l. 28. Hotomani Francogal 38. Vindiciae p. 163. â— 2. revocable l. 3. Historicall l. 19. Cuiacius l. 23. usufrvctuary l. 35 dele the p. 166. l. 14. to doe l. 19. dele to l. 21. foundations p. 167. l. 7. is an p. 169. l. 26. Caracalla p. 170. l. 41. 2. secun qu. p. 171. l. 22. in Law p. 172. l. 27. fealty to p. 173. l. 8. adjuvante l. 15. rapacitates p. 174 l. 4. if it p. 177. l. 15. preserve l. 32. and. l. 35. goods p. 186. l. 15. 16. forcibly resist p. 187. l. 2. so to p. 190. l. 31. 206. p.
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
of England and Scotland beene resolved and declared to be no Treason no Rebellion at all against the King by the very same or better reason all circumstances duely pondered our Parliaments present taking up Armes and making a Defensive Warre for the endes aforesaid neither is nor can be adjudged Treason or Rebellion in point of Law or Iustice. In fine the King himself in his Answer to the 19. Propositions of both Houses Iune 3. 1642. Confesseth and calleth God to witnesse That aâ— the Rights of his Crowne are vested in hâ—m for his Subjects sake That the Prinâ—e may not make use of his high and perpetuall power to the hurt of those for whose good he hath it nor make use of the name of publike Necessity for the gaine of his private Favourites and Followers to the detriment of his people That the House of Commons may impeach those who for their owne ends though countenanced with any surreptitiously gotten Command of the King have violated that Law which he is â—ound when he knowes it to protect and to protection of which they were bound to advise him at least Not to serve him in the Contrary let the Cavalleers and others consider this and the Lords being trusted with a Iudiciary power are an excellent screene and banke betweene the King and people to assist each against any Incroachments of the other and by just Iudgements to preserve that Law which ought to be the Rule of every one of the three Therefore the power Legally placed in both Houses Being more then sufficient to prevent and restraine the power of Tyranny by his Majesties owne Confession it must needs be such a power as may legally inable both Houses when Armes are taken up against them by the King or any other to subvert Lawes Liberties Religion and introduce an Arbitrary government not onely to make Lawes Ordinances and Assessements but likewise to take up Armes to defend and preseve themselves their Lawes Liberties religion and to prevent restraine all forces raysed against them to set up Tyranny else should they want not onely a more then sufficient but even a sufficient necessary power to prevent and restraine the power of Tyranny which being once in armes cannot bee restraned prevented repulsed with Petitions Declarations Lawes Ordinances or any Paper Bulwarkes and Fortifications or other such probable or possible meanes within the Parliaments power but onely by Armes and Militarie Forces as reason and experience in all Ages manifest From all which pregnant punctuall domesticke Authorities and resolutions of Ancient Moderne and present times I presume I may infallibly conclude That the Parliaments present taking up necessary Defensive Armes is neither Treason nor Rebellion in iudgement of Law but a iust and lawfull Act for the publicke benefit and preservation of King Kingdome Parliament Lawes Liberties Religion and so neither their Generall Souldiers nor any person whatsoever imployed by them in this War or contributing any thing towards its maintenance are or can be Legally indicted prosecuted or in any manner proceeded against as Traitors Rebels Delinquents against the King or Kingdome and that all Proclamations Declarations Indictments or proceedings against them or any of them as Traitors Rebels or Delinquents are utterly unlawfull uniust and ought to be reversed as meere Nullities It would be an infinite tedious labour for me to relate what Civilians and Canonists have written concerning Warre and what Warre is just and lawfull what not In briefe they all generally accord That no Warre may or ought to be undertaken cut of covetousnesse lust ambition cruelty malice desire of hurt revenge or fer booty propter praedam enim militare peccatum est Whence Iohn Baptist Luke 3. 14. gave this answer to the Souldiers who demanded of him what shall we doe Doe violence to no man neither accuse any man falsly and be content with your wages Ne dum sumptus quaeritur praedo grassetur Which prooves the Warres of our plundring pillaging Cavalleers altogether sinnefull and unjust And that such a Warre onely is just which is waged for the good and necessary defence of the Common-wealth by publike Edict or consent or to regaine some thing which is unjustly detained or taken away and cannot otherwise be acquired or to repell or punish some injury or to curbe the insolency of wicked men or preserve good men from their uniust oppressions which Warres ought onely to be undertaken out of a desire of Peace as they prove out of Augustine Gregory Isidor Hispalensis and others In one word they all accord That a necessary defensive Warre to repulse an Injury and to preserve the State Church Republike Freedomes Lives Chastities Estates Lawes Liberties Religion from unjust violence is and ever hath beene lawfull by the Law of Nature of Nations yea By all Lawes whatsoever and the very dictate of Reason And that a necessary defensive Warre is not properly a Warre but a meere Defence against an unlawfull Violâ—nce And therefore must of necessitie be acknowledged lawfull because directly opposite to and the onely remedy which God and Nature have giuen men against Tyrannicall and unjust invasions which are both sinnefull and unlawfull And so can be no Treason no Rebellion no crime at all though our Princes or Parents be the unjust assailâ—nts Of which see more in Hugo Grotius de Iure Belli l. 2. c. 1. I shall closeup the Civillians and Canonists Opinions touching the lawfulnesse of a Defensive Warre with the words of Albericus Gentilis Professor of Civill Law in the Vniversitie of Oxford in Queene Elizabeths Raigne Who in his learned Booke De Iure Belâ—i Pacis Dedicated to the most illustrious Robert Devoreux Earle of Essex Father to the Parliaments present Lord Generall determines thus Lib. 1. cap 13 pag. 92. c. Although I say there be no cause of warre from nature yet there are causes for which we undertake warre by the conduct of nature as is the cause of Defence and when warre is undertaken because something is denied to to be granted which nature it selfe affords and therefore because the Law of nature is violated Warre is undertaken We say there is a three fold Defence one Necessary another Profitable a third Honest yet wee shall deeme them all Necessary He who defends himselfe is said to be necessitated neither will Baldus have us distinguish whether he defend himselfe his goods or those under his charge whether neere or remote His defence is necessary and done for necessary defence against whom an armed enemy comes and his against whom an enemy prepares himselfe and to such a one the same Baldus truly teacheth ayde is due by compact whom others likewise approve This warre we may say was anciently undertaken against Mithridates and against his great preparations Neither ought wise men to expect till he had professed himselfe an enemy but to looke more into his deeds then words Thus whiles we say necessity we speake not
and upwards and to make them ready by the same day and to defray the charges of them as farre as was requisite and for the residue the Kings Counsell were to send them a summe of money for their aide but not as wages but of speciall grace and a Clerke was ordained to survey the charges of the Mariners of the West and of the Cinque-ports Num. 23. All the ships of Portsmouth and the West were to meet at Dartmouth at the day assigNed and the Earle of Arundell was assigned their Admirall And the ships of the Cinque-ports and the River of Thames were to meete assemble at Winchelse and the Earle of Huntindon appointed their Admirall and that all these ships should be ready by the middle of Lent Num. 19. The Admiralls of all parts were commanded to arrest all other ships that might passe the Seas for feare of being surprised by the enemies that 200. men sâ—ould man those to whom the smaller ships belonged to bring them into such havens where they might be safest from the Enemies Num. 15. Writs were directed to all Sheriffes of England to make Proclamation that all those who had Charters of pardon should repaire towards the Sea in the service of the King and at his wages by the middle of Lent upon paine of losing their Charters and being put to answer the things contained in them in case they should not goe Num. 16. It was accorded and assented in Parliament that Master Richard Talbot ordained to guard the Towne of Southampton which he had undertaken to doe should have a company of men at Armes and Archers at the Kings wages which he might increase if there were cause that he and they should have their wages paid them monethly from the second Sunday in Lent and so forwards whiles they continued in that Service that he should receive 200. pounds in money and 200. markes in Wooll in respect of his said service and to defray his ancient debts And he had power given him to assesse and levy monies upon the said Town towards its defence and if the Towne were not able to defray all the charge the King should ayde them for the residue Num. 18. The Bishop of Winchester the Prior of St. Swithin of Winchester and the Abbot of Winchester were commanded to have the people of their Manners next the Towne of Southhampton well aâ—med and arrayed that they might be ready to their power to defend the said town upon summons of the Guardians thereof that no perill might happen thereunto Num. 19. That two Pinaces one of Melbroke and the other belonging to Roger Normanâ— should be assigned to remaine in the port of Southampton at the appoiâ—tment of the said Mr. Richard for the safety theâ—eof Num. 20. All the Burgesses and Sea-men of the Town which had departed thence were ordered to goe and abide therein 〈◊〉 the defence thereof and of their owne possessions and in case they refuâ—ed that their Lands and Possessions should be seized into the Kings hands and the profits of their Lands which should be found elsewhere Num. 21. That a Commission should be made to Stephen Butterly and William Weston Serjeants at Armes to take Timber Bords and other things necessary for the safety of the said Towne at certaine prises upon endenture made between them and the owners of the said goods and that the King should pay or give them other satisfaction Num. 22. 23. That all the Armes Engines Ammunition Iron and Lead in the said Towne should be delivered to the Gardian of it by Indenture who should have the same power in all things within that Towne as the Earle of Warwicke had when he was Governour Num. 24. That the Sheriffe should have a Writ of attendance to be attendant on the said Mr. Richard with Victuals and all other things necessary for the safegard of the said Towne Num. 25. 26. 27. Certaine Merchants are appointed and take upon them to the Parliament to buy great proportions of Corne Peas Oates Hay and other proviâ—ions the quantities whereof are particularly expressed at certaine rates to victuall Barwicke the Castles of Edenburg and Strivelyn which Castles Mr. Thomas Rokeby Guardian thereof promised to keep till Saint Iohns day then next to come upon condition to receive his wages formerly due out of the first moneys granted to the King in this Parliament by a certaine day provided they shall carry no victuals to the enemies of the King and Realme and that they should be payd out of the first moneys arising out of the ayde granted to the King Num. 28. 29. The inhabitants of the â—sle of Wight were respited of the ayd granted to the King according as their good carriage should be during the war and it was agreed in Parliament that no Commandement nor Ordnance or license granted under the great or privy Seale to any of the said inhabitants bound to defend the said Isle should licence any to absent himself from it during the war unlesse it were for feare of disinheriting or other great necessity with which the Councell should be acquainted or upon in quests Num. 30. 31. Provides that the Castle of Caresbrâ—â— in the I le of Weight should be furnished with a certaâ—ne proportion of Wine Corn Peas Oâ—ts Hey Coles Iron Salt and that a Commission should be granted to Robert Vandalym Sheriffe of Southampton and to William of Kekenwich joyntly and severally to purvey and deliver the same provisions over by Indenture to the Constable of that Castle and a Writ directed to the Kings Botteller to deliver the Wines assigned to wit ten Tonne out of the Wines then in or which should first come into his hands Num. 32. Mr. Thomas Ferrers undertakes to the Parliament to send without delay a sufficient man to the Castle of Iernsey to survey she defaults and state of the said Castle to certifie the Councell fully of them and in the meane time to finde the wages of those remaining there in garrison to the summe of an hundred pounds and a Writ is directed to the Sheriffe of Southampton to furnish the said Thomas with a convenient quantity of Powder and Iron and other necessaries for the defence of that Castle And because Thomas Peyne one of the Jurates of that Isle was gone to the enemies contrary to a defence made that a Writ should issue to the Bayliffs and Jurates of the same Isle to choose another sufficient man in his place and to seize his Lands goods and Chattels into the Kings hands and answer the meesne profits of them Num. 34. dorso There is an exact Array or List of all the Captaines and men at Armes and archers under their severall commands for defence of the borders of Scotland amounting in all to 4715. Num. 35. Those of the Counties of Nottingham Derby Yorke were to goe to Newcastle upon Tine at the Countries charges and then to receive the Kings wages and those of Westmerland Cumberland and Lancashire to marth