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

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by Parliament and violently p●t to death though the Kings highest Officer and darling Minions o Walsingham Holinsh Speed Grafton Stow in 11 R. 2. c. 1. 6 7. Froysards Chron. part c. 97. Michael De La Pole wi●h other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peere● in Parliament together with Trisilian Belknap and their fellow Judges who misadvised him in point of Law p Hall Stow Speed Holinsh Grafton Fox in H. 6. Humph●ey Duke of Glocester Protector to King Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered q Hall Holi Grafton Stow in H. 8. Cardinall Wolsey that powerfull favourite ●o King Hen●y the eight accused and put from his Chancellorship and other Offices by the Parliament r Fox Speed Holinshed Stow Grafton in Ed. 6 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 Depu●y 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 ●he censures of Parliament of which we have sundry precedents in ſ See Fox Hall Speed Holinshed Grafton in his life 28. H. 8. c. 7. p. 35. p. 8. c. 1. 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 mention the Parliaments Soveraigne Power and Jurisdiction t Matth. Paris p. 560. 562. 933 934 935. Speed p. 750. Grafton p. 188 189. 240 241. 221 222 223. The severall Acts for Subsidies and Rastal Warre Truce Armes Money Mint Musters Taxes Tonnage Poundage The Parliaments two Remonstrances concerning the Militia C●oks Instit on Artic Super Chartas in Making or proclaiming warre or Peace in which they have oft ti●es not onely advised but overswayed the King in creating the highest Officers in Ordering the Militia of the Kingdome by Sea and Land by setled Lawes of which more an on or in ordering the coyne and Money of the Land together w●th the Mint or designing how the Subsidies and Aydes granted by them to the King shall be disposed of to the Kingdomes use of which there are sundry precedents All which are strong See Bodines Commen wealth l. 1. c. 10. evidences of its Soveraigne Authority together with the Acts concerning his Purveyance and all Revenues royall Nor yet to remember this infallible Argument to prove Kingdomes greater and more valuable then Kings that Kings as publique Servants to their Realmes ought to hazard their lives for their Kingdomes safety and preservation as many have done in wa●●es against enemies but never ought the whole kingdome to be lost or hazarded to preserve its Kings P●erogatives that of John 11. 48 49 50. and chap. 18. 14. being an undoubted rule in Divinity and Policy * That it is expedient that any one man though a King should dye for the people that the whole Nation perish not rather then the whole Nation dye for him There is one cleare Demonstration yet remaining to prove the Supreame power of Parliaments above Kings themselves which is this That it is the highest Court and power to which all x See Sir Thomas Smiths Common wealth l. 2. c. 1. 2. Holinsheds Description of England c. 8. p. 173 and Chronicles of Ireland p. 127. to 130. Cromptons Jurisdiction Appeales are lastly and finally to be made from all other Courts and Judges whatsoever yea from the Kings owne personall resoluti●ns in or out of any other his Courts and such a transcendent Tribunall from whence ●here 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 Realme or in the Parliament in Ireland it is finally to be reversed o● determined in Parliament by a Writ of y 1 H. 7. 1. Br. Parliament 92. 98. Error 65 88. 137. See Ash Error 65 66 67 68 70. Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Delegates 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 remediab●e 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 But if the Parliament give any judgement There * See 22 E 3. 3 Error 8. 8 H 4. 12 13 can be no Appeale to any hig●er 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 z 21 R. 2. c. ● to 15. 1 H. 4. c. 2 3 4. 8 H. 4. 12 13. See 1 Mariae c. 1. 1 Eliz. c. ● 3. 21 Jac. c. 28. And all Acts for restitution in blood of Persons Attainted and Acts of repealing S●atutes Bracton l. 1. c. ● Attainders of Treason by or in Parl●ament by all inconveent and unjust Act● 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 f●om the King but onely by an Act of repeale or restitution in blo●d by another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to w●om the last appeale is to be made is the Supreamest power as the a See Ashes Tables Error 65 66 67 68 69 70. Kings Bench is above the Common Pleas the Esc●equer Chamber * See Matthew Paris p. 268. Legimus quod multi al● Reges imo Reguli usque ad mortem dimica●unt c. 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 b Bodin l. 1. c. 10. Summa Angelic● Rosella Tit. Appellatio Lindwood lib. 2 de Appellationibus Fox Acts and Monuments Vol. 1. p. 448 449. 452. 506. 24. H. 8. c. 12. All Papists and Protestants
42. 76. 33. H. 6. 17. adjudged accordingly Br. Prerogative ●34 cannot with his Lords devise make or establish any Law The reasons are these whe● Parliaments were first begun and ordained there were no Prelates or Barons of the Parliament an● the temporall Lords were very few or none and then the king and his Commons did make a fu●● Parliament which authority was never hitherto abridged Againe every Baron in Parliament do● 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 g●veth not consent onely for himselfe but for all those also for whom he is sent And the king wit● the consent of his Commons had ever a sufficient and full authority to make ordaine and establis● good and wholesome Lawes for the Common-wealth of his Realme Wherefore the Lords bein● lawfully sommoned and yet refusing to come sit or consent in Parliament cannot by their folly ● bridge the king and the Commons of their lawfull proceedings in Parliament Thus and mo●● Iohn Vowell in his Order and usage how to keepe a Parliament Printed Cum Privilegīo But we need● not retire to this last refuge the Honorable faithfull Lords now present though not so many ● 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 e See Stamford ● 38. 155. 3. E. 3. 19. Coro 161. contrary to Law contrary to the Priviledges of Parliament and their late Protestation● tending to the very subvertion of Parliaments for which they and their posterities too may justly b● disabled for ever to sit as members of that House which they have so dishonourably if not treache● rou●ly deserted even as f Dyer f. 60. n. well as Knights and Bargesses whose personall attendance is so necessary th● if during the Parliament they absent themselves from it about any businesses of their owne without leave ● the House they may be presently expelled and others chosen in their place to make the House compleat ca● no more disable those now present from being a true and lawfull House of Peeres then the multitudes departing from the true Church of God to the false disproves it to be the true Church of Christ g Luke 12. 32 Mat. 13. 23. Mat. 7. 13. 14 whose true flock is but little In a word h See Bishop Iewell Defence of the Apologie part 6 c. 7. Di●is 1. Bishop Bilsons●● true difference of Christian Subjection unchristiā Reb part 3. p. 540. 541. 542. Bishop Pilkington of the burning of Pauls steeple Keilway f. 184. b. Cromptons Iurisdiction of Courts f. 19. 20. 10. E. 4. f. 6. Stamfords Plees l. 3. 6. 1. f. 153. Br. Corone 135. Antiq. Ecclesiae Brit. p. 299. 300. Speed p. 1156. Martyns Hist p. 450. to 454. Iohn Vowel● Chronicle of Ireland p. 127. 128. divers Parliaments have beene kept and held and * 25. E. 3. stat 6. de Provisionibus 31. E. 3. c. 4. 36. E. 3. c. 8. 3. R. 2. c. 12. 1● R. ● Preface c. 3. 12. 1. E. 3. c. 2. 14 E. 3. stat 3. Preface See 20. H. 3. c. 9. 21. H. 3. stat of Leape-yeare 4. H. 3. stat of Marlbridge 4. E. 1. de Big Prolog c. 6. 6. E. 1. stat de Gloster Preface 13. E. 1. Acton Burnel 13. E. ● c. 43. ●●●●alefact in part 21. E. 1. Eschetors 3. E. 1. Quo warranto 9. E. 2. Artic. Cleri Pref. Act● made without Bishops or Abbots heretofore even while they were reputed members of the Lords House an● one of the 3. Estates in Parliament therefore this Parliament which hath taken away Bishops Vote for ever ● may be lawfully held notwithstanding any Lords or Commons wilfuls absence from it i● person who yet as long as they are members of the Parliament shall still be adjudged legally present wherher they will or no. One puny Iudge in the Courts of Westminster may and doth usually give judgement and make binding Orders though the Chiefe Justice and his fellowes be absent Sixthly It is most apparent both by i Sam. 19. 20. 2 Sam. 5. ● 12. 2 Chron. 9. 8. Isay 49. 23. Rom. 13 4. 5. 1 Pet. 2. 13. 14. Scripture the verdict of all k Atist Polit. l. 3. 5. Plato Age●ilans Xenophon de In●●it Cyri. Hist Caelius Rhodig Antiq. Lect. ●8 c. 1. Bodin de Republica Osorius de Rege Regum In●●it Polititians and writers ● note the l The preambles of all ancient statutes Bracton l. 1. c. 8 l. 3. c. 9. Fleta l. 1. c. 5. 17. Fortescue c. 9. to 15. Statutes of our Realme and Lawyers that Kingdomes Subjects and Parliaments were not created by God for the wills 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 stil continued for the protection welfare benefit service of their Kingdomes Parliaments People whose publike Servants Ministers Sheapheards Fathers Stewards and Officers they are Now nature reason and n Gen. 1. 26. to 31. c. 9. 2. 3. 4. Psal 8. 6. 7. 8. Scriptures resolve that he wh● is instituted meerely for the benefit and service of another as all the n Creatures were created for man● use and therefore are inferiour unto man in dignity and power is of lesse dignity power and jurisdiction then the intire body of those for whose good he was instituted as the o Ephes 6. 5. Col. 3. 22. 23. 24. servant is inferiour to his Master the p Gen. 8. 18. c. 3. 16. 1 Cor. 11. 3. 8. 9. Ephes 5. 23. 24 1 Pet. 3. 1. 1. 3. 18. wife to her husband for whom they were created the Major to the whole Corporation and the King to his whole Kingdome and Parliament which consideration hath caused sundry Kings and Emperors not onely to adventure their lives in bloody battles but to lay downe their Crownes for the peace and safety of their Subjects witnesse q See Eutropius Grimston and others in his life Otho the first and others with the Examples of Moses m 1 Cor. 3. 21. 22. 23 Exod. 32. 9. to 15. 32. Numb 14. 11. to 15. of David ● Sa● ●9 ●7 1 Chron. 21. 17. and Iohn 10 ●1 15. with other presidents which I pretermit The King then being made King onely for the Kingdomes Parliaments Peoples service must needs ●n this regard be inferiour to not Paramont them in absolute Soveraigne power though greater * 2 Sam. 18. ● better then any particular Subjects Seventhly the Parliament as our q Law bookes and r Cromptons Iurisdiction of Courts f. 1. c. Bracton l.