Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	baron_n	england_n	lord_n	2,884	5	4.1053	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Subjects f 〈…〉 to be sworne to observe the same an● after bound them in bonds for the firmer keeping of the same to the great 〈…〉 doing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times 〈…〉 wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth 〈…〉 the same Parliament which continued notwithstanding Richards deposition who summoned it 〈…〉 created King who in the q ● H. 4. c. 1. 2 3 4. first Parliament of his Raigne reversed and annulled as illegall the P 〈…〉 liament of 21 Rich. 2. with all its Acts Circumstances and dependants and revived that of 11 Rich. 2. 〈…〉 all points as made for the great honour and common profit of this Realme To these I might adde t 〈…〉 r Walsing hist Angl. p. 416. 417. Ypodig p. 168. 170. Pol. l. 8. c. 10. Caxt. p. 430. Hal Chr. par 1. f. 25 Hol. p 529. Speed p. 775. Maroin Fabian Grafion and others Rebellious insurrectious of Richard Scroope Arch-bishop of Yorke the Earle of Northumber land a 〈…〉 their Complices against King Henry the fourth Anno 1405. to reforme the State and government 〈…〉 lieve the Church and Common weale and Depose King Henry in and by a forced Parliament The Spee p. 486 Hunting lib. 8. insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forrests and 〈…〉 ther immunities of Church and Commonwealth which they would force him ●o confirme the severall k Wal●ing ham Hist Angl. p. 258. to 281. Speed ● 849. c. 734. c. insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vulgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new ones of their nomination to ratifie what propositions they required and subvert the government of the Real 〈…〉 with the l Speed p. 1032 to 1049 1112. to 1120. See Hall Grafton Holinshed Howes Martin in the lives of H. 8. Ed 6. and Q. Eliz. severall Rebellions of the Popish Lincolne-shire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the 8 his raigne Of the Cornish men Norsolke men Ket and others in Edward the 6. his rule of the Popish Earles of Northumberland Westmoreland and other Northern Papists in Queene Elizabeths dayes by force of Armes to compel● these severall Princes to summon Parliaments to repeale all Lawes against Mosse 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 demaunded 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 president more in one of our be●● Kings reignes In 25. E. 1. m Walsig Hist Angl. p. 36 37 38. 39 40. 41. 42 44. 48. Ypoaigm● Neustriae p. 83. 84. 85. 86. 97. Cookes Magna Charta p. 530. to 580. The Lords and Commons in Parliament grievously complained and Petitioned to the King against divers taxes tallages and pris●ges wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forrest the imposition upon Woolls and their sommons 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 mainetaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barrons of the Eschequor not to levie the 8. penny of the people granted to the King at S. 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 Forresta with the other Articles to them annexed that he should enact and take no ayds tax or tallage from the Clergie or Commons without their common consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his * Articuli s●per Charta● Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeate of all those who should transgresse this Charter of his For which the Laity gave him the 9 and the Clergie the 10. 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 Reigne after some delayes 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-sommoning them at quinidena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to 3. Bishops 3 Earles and 3. Barrons 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 〈…〉 ereupon the King holding a Parliament at Stamford the 29. of his Reigne the Lords and Barrons repaired thither with great store of horses and Armes with a purpose to extort a●ull execution of the Charter of the Forrest hither to deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixtly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull sommons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publicke 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 a Surius Concil Tom. 4. p. 103 c. Fox Act. and Monuments vol. 1. ●dit ult p. 879 c Councils of Basil Constans and divers Popish * John White his way c. Sect 37 n. 30. p. 102 Writers that a generall Councell once lawfully sommoned by ●he 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 th●se Coun●ells continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them to keepe themselves in their chaires This is apparent

houses license under paine a Major Pars est totum Brookes Corporations 34. Smiths Common-wealth of England l. 2. c. 3. ●f inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3. E. 3. 19. Fitz. ●orone 161. and Stamford l. 3 c. 1. f. 153 compleatly answers that fond cavill of the Malignants ●nd Royalists against this Parliament that the king and many of the other members have wilfully ●bsented themselves from the House of purpose to dissolve it if they could notwithstanding the late ●peciall Act made by their joyntconsents 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 ●ogicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve ●oth Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these ab●ent members be the greater number why doe they not come and over-vote the rest in the House in peaceable legall usuall Parliamentary way rather then challenge them into the field in a military ●legall unusuall bloody manner unheard of in former ages If the lesser party then present or ab●ent the Major part must over-rule them volensnolens as it hath ever used unlesse they will be wil●●ller I cannot say wiser then all their predecessors put together As for his Majesties absence from Parliament by the pernicious advise of Evill Counsellors so Object ●uch insisted on by Malignants I answer 1. That it was without any just cause given by the Parliament Secondly It was much Answ ●gainst their wills who have a See their Messages and petitions to the king to this purpose oft importuned petitioned and used all possible meanes to procure ●is returne 3. His absence was procured and is yet continued by those alone who most unjustly ●axe the Parliament for it and would take advantage of this their owne wrong Fourthly though ●e be personally absent as a man yet he is still Legally present in Parliament called the kings pre●ence as he is a king as he is in al other his Courts of Iustice where all proceedings are entred b See Camdens Brit. p. 163. which stiles the Parliament the kings presence The Register of Writs Old New Natura Brevium old and new book of Entries Cookes Institures on Littleton f. 71. 6 Co●am Rege though the king never yet sate personally in either of them as he hath oft times done in his Parliament for the continuance whereof he hath passed such an Act as will inseperably tye his ●oyall presence to it though his Cavaliers about him should by force withdraw his person from it ●ot onely as farre as Yorke but the remotest Indies yea he must first cease to be king of England ere ●e can be legally absent from his Parliament of England This his wilfull personall absence from ●is greatest Counsell which desires and needes it is as many conceive an Act of the highest in justice ●hat ever any Prince could offer to his Parliament worse then a ● King 12. 2 Chron. 18. Reh●boams forsaking the counsell ●f his ancient Sages to follow the hare braind advise of his young Cavaleers for though he follow●d not their ancient prudent counsell yet he withdrew not himselfe from them as his Majestie ●oth now sever himselfe from his Parliament not onely without but against all prefidents of his ●oyall predecessors except king b Richard the second who once absented himselfe from his Parlia●ent above 40. dayes yet then returned to it upon better advise and the very common custome and ●aw of the Land which he is obliged by his Coronation oath and many late protestations added ●o it constantly to maintaine This appeares most clearely by the ancient Treatise of the man●er of holding of Parliaments in England both before and since the conquest * See Minshes Dictionary Title Parliament f. 526. tende●ed to and ap●roved by the Conquerone himselfe newly printed 1641 which in the Section touching the kings ●bsence from Parliament resolves thus The king is BOVND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily ●icknesse and then he may keepe his chamber yet so as he lye not without the Manour or Towne ●t the least where the Parliament is held and then he ought to send for 12. persons of the grea●est t Grafton p. 348. 349. 350. and best of them that are sommoned to the Parliament that is 2. Bishops 2. Earles 2 Ba●ons 2. Knights of the shire 2 Burgesses and 2. Citizens to looke upon his person to testifie and ●itnesse his estate and give A uthority to the Arch-bishop of the place the Steward of England ●nd chiefe justice that they joyntly and severally should begin the Parliament and continue the same ●● his name expresse mention being made in that commission of the * Note this cause of his absence there ●hich ought to suffice The reason is because there was wont to be a cry and murmure in the Par●iament for the kings absence because his absence is hurtfull and dangerous to the whole commo●alty of the Parliament neither indeede OVGHT OR MAY HE BE ABSENT BUT ONE●Y IN THE CASE AFORESAYD And whereas Malignants clamour that most of the ●ords are absent as well as the king and therefore this can be no lawfull Parliament The same ●uthor will in forme them that if the Lords be once sommoned to Parliament and then appeare ●ot or absent themselves the king may hold the Parliament with the commonalty and commons ●f the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in Eng●●nd because he represents a whole county towne or city the other himselfe alone without Bishops ●arles or Barons because in times past before there was either Bishop Earle or Baron yet even ●hen kings kept their Parliaments but on the contrary no Parliament can be kept by the king and ●eeres if all the Commons for the kings misgovernment or such like cause should absent them●●lves This is the judgement of r In Holinsheads Chronicle of Ireland f. 127. 128. Master John Vowel too who writes in this manner Yet ne●●rthelesse if the king in due order have sommones 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 ●● any thing then the king with the consent of his Commons may ordain establish any acts or Lawe● which are as good sufficient and effectuall as if the Lords had given their consents But on th● contrary if the Commons be sommoned and will not come or comming will not appeare or appe●ring will not consent to doe any thing alleaging some just weighty and great cause the King in thes● cases d Cromptons Iurisdiction of Courts f. 8. 4. H. 7. 18. 7. H. 7. 14. 11. H. 7. 27. Parliament

presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be ma● their Chiefe Justice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honor of the King and kingdome To these their necessa●● Councels 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 defis●● prosecute their purpose neither for losse of money or Lands nor love nor hare no nor yet for life or dea● of them or theirs till they had cleared England to which they and their forefathers were borne from up starts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely arme that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath a● his Sonne Prince Edward also that he would submit ●o their Councels and all those their Ordinances f●● feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Whi● done all the Peeres and Prelates tooke their Oath To be faithfull to this their Ordinance and made all wh● would abide in the Kingdome to sweare they would stand to the ●ryall of their Peeres the Arch-bishop● 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 owne Lands the d Matth. Par. p. 952 953. Spe. p. 636. Barons enforce him according to his promise sent them in writing before his arrivall to take this Oath as soone as he la●ded in the Chapter-house at Canterbury Heare all men that I Richard Earle of Cornewall sweare upon ●● holy Gospels to be faithfull and forward to reforme with you the kingdome of England hithert● by the councell of wic●ed men so much deformed And I will be an effectuall coadjuto● to expell the Rebels and troublers of the Realme f●● out of the same This Oath will I observe under paine to for feit 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 ●●risdictions to preserve themselves and the Kingdome from slavery and desolation whom Matthew Paris ●● continuer for this service stiles e History Angliae p. 95● Angliae Reipublicae Zelatores the Zelors of the English Republicke Neith● is this their example singular but backed with other presidents In the second and third yeares of King E●ward the second f Walsing ●p●digma Neust An. 1309 1310 Hist Ang. p. 70. to 77. S. p. 608. c. with Holin Stow. Graf How and others F●x Act. Mon. v●l ● Ed. ult p. 480 481. Piers Gaveston his great proud insolent covetous unworthy Favorite miscounselling a● seducing the young King from whom he had beene banished by his Father and swaying all things a●●● pleasure the Pe●res and Nobles of the Real●e seeing themselves contemned and that foraine upstart p●●fe●red before them all came to the King and humbly entreated him That he would manage the Affaires of ● Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from inc●●bent dangers the King Voce ●enus consented to them and at their instance summoned a Parliament at Lond●● to which he commanded all that ought to be present to repaire Where upon serious debate they earn●●ly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and ●o the Church of England The King imagining that they would order Piers to be banished a lo●● time denyed to grant their demand but at last at the importunate instance of them all he gave his assent a● 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 Archbishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against all 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 Kingdome 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 ●s his Father had commanded should thrust all Strangers out of his Court and kingdome and remove ill Councellours ●●om him That he would thenceforth order all the affaires of the Kingdome by the Counsell of the Clergie and Lords ●nd begin no warre nor depart any where out of the kingdome without common consent The King notwithstanding ●ll these things seemed hard and insupportable to him consented to the Articles and banished Piers into ●reland No * Note the credit of Princes Regall promises and Protestations sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations ●ogether with his owne Oath never to reduce Piers sends for him backe to his Court marryeth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe ●o retaine this Gaveston maugre all his Earles Barons and for the love of him to put his Crowne and life in ●erill when time should serve In which whither the King or his favourite shewed lesse discretion it is not ●t the first easily determined it being as unsafe for the one with so offensive behaviour to affect immoderate ●●ew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon ●he Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the ●arons message to the King by common consent That he should banish Piers from his company and observe the ●ffect of the foresaid Articles or else they would certainely rise up against him as a perjured person by a like vow which ●peech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring ●p if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third ●●me abjure the Realme with this proviso that if at any time afterward he were taken in England he should ●e 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 Kingdome and remove this ●iper elected Thomas Earle of Lancaster for their Generall and sent honourable messengers to the King re●uesting him

to deliver Piers into their hands or drive him from his company out of England as being perswaded ●hile that King-●ane breathed peace could never be maintained in the Realme nor the King abound in treasure nor the Queene enjoy his love But the wilfull King preferring the dearenesse of one stranger before the love of the ●hole Realme would no● condiscend Whereupon the Lords thus contemned and deluded presently raise ●n Army and march with all speed towards Newcastle not to offer injury or molesta●●on to the King writes ●alsingham the case and purpose of the present Parliaments Army but that they might apprehend Piers him●elfe and judge him according to the Lawes enacted Which when the King heard he fled together with Piers like a proscribed and banished man 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 carryed to Warwicke Castle where he had his head strucke off at the command and in the presence of the Earles of Lan●aster 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 Favourite of the Kings Which bred a lasting ha●red 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 wick●dly killing Piers They stoutly answered That they had not offended in any point but deserved his royall favour ●or that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act ●f Pardon that no man should be questioned for Gavestons returne or death printed in old g T●tles Magn● Charta part 2. f. 50 to 57. Magna Charta Not long ●fter this unfortunate King doting upon the two h Wal●ing Hist p. 90. to ●10 ypodig Neust p. 105. to 111 Speed Hist p. 674. to 683. See Fabi●n Holm Graf Tho●●●de ●● More Higd●● Caxton in his life Spencers as much as ever he did on Gaveston to whom they ●ucceeded not onely in pride rapine oppression and intolerable insolencies 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 ju●tice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with ●heir forces at Sbirborne Thomas of Lancaster being their Captain they took an oath to prosecure their designe to ●he division of soule body Then they spoyled these Spencers their friends goods take their Castles by vio●ence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law equitie following the impetuousnes of their minds they march on to S. Albans with Ensignes displayed sent solemn messengers to the King then at London commanding him not only to rid his Court but kingdome too of the Traytors of ●he 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 indemnity 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 for epast or present trangressions 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 contempiu●us Delinquents Whereupon running to their armes they marched up to London entred the Citie and to avoyd dange● the King through the Queenes and others mediation condescended to their desires passing an Act for th● Spensers banishment and the Barons indemnities which you may reade in ancient Part 2. ● 50. Magna Chartaes Upo● 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 Spensers reversed the sentence against them as erronious gathers an Army encounters and defeats the Barons and puts many of them to deat● by these Spencers procurements who not content with their blood procured also the confiscation of their goods a●●●nheritances 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 Fran● with her sonne the Prince whose lives these favorites attempted She raysed 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 destitu●e of friends and meanes demanded assistance of the Cirie of London whose answer was That they would honour with all dutie the King the Queene and Prince but would shut their gates against Foreine● and Traytors to the Realme and with all their power withstand them And under the name of John of Eltham th● Kings second sonne whom they proclaymed Custos of the Citie and of the Land they got the Tower ●● London into their possession placing and displacing the Garrison and Officers therein as they pleased Th● King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her self ●●er sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should ayde ●● assist them and that he should have a 1000. l. who did bring the Lord Mortimers head flies to Bristol in the Castle whereof the elder Spenser was taken by the Queenes Forces and without any formall tryall cruelly cut ●● alive and quartered being first at the clamours of the people drawne and hanged in his proper armour upon the common Gallowes without the Citie After which the King forsaken of all his Subjects flies into Wales for shelter wher● he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his sonne confessing That for his many sins he was fallen into this calamitie and therefore had the lesse cause to take it grievously That ●● much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abh●● his any longer rule and Soveraignty and therefore be besought all there present to forgive and spare him being so afflicte● Soone after he was murthered in Barkly Castle And so the sicknesse and wounds which the Commonwealth sustaine● by his ill raigne upon the ch●●ge of her Physician recovered not onely health and strength

but beauty also and ornamen● writes John Speed After all this i Walfing Hist Ang. p. 349. to 400 ●podigm Newstriae p. 144. to 158 Speed Hist p. 747. to 762. Holin Graft St●w Fabian Caxton and others King Richard the second in the ninth yeare of his reigne summoned a Parliament where●● Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by th● Parliament and the Seale taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for th● 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 mad● de la Pole sit at his owne table not in the usuall garment o● a Peere but of a Prince out of a stomacke and hatred again●● the Peeres whom from thenceforth he never regarded but feinedly and then fals to plot the death of the Duke of Gl●cester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at No●●ing ha●● Castle with a few persons generally ill-beloved ill-advised and ill-provided The course agreed upon by th● King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Spe●● seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presum●● the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters th●● under a shew of justice they should be proceeded against accordingly The Lawyers who were the very me●● which in the last Parliament gave advice to the Lords to doe as they did now meering were demanded Whether by the Law of the Land the King might not disa●ull the Decrees of the last Parliament They joyntly answe●ed he might because he was above the Lawes a most apparent errour confessing that themselves had in th● Parliament decreed many things and given their judgement that all was according to Law which they acknowledg● to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and witha●● sends for the Sheriffs of Shires to raise Forces against the Lords who denyed saying that they could not rais● any competent Forces or Armes against them the whole Counties were so addicted to their favours and being furthe● willed to suffer no Knights to be chosen for their shieres but such as the King and his Counsell should name they a●swered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good president for our present Sheriffes whereupon they were dismissed Then were the Lawye● and Judges Robert Tresilian and his companions called before the King to determine the judgements of Treason 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 neede we●● against the Lords in the day of battle * Note this Many of which answered that they neither could nor would stand against th● Lords whom they knew for certaine intimately to love the King and to endeavour all things study all things doe a●● things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the King●●o●●ce The Lords hearing of these proceedings were much sadded being conscious to themselves ●● no 〈…〉 ●●rthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop ●● London to the King w●o inclining to credit the same was in an evill houre diverted by de la Pole ●he Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which ●ey severally gather forces that they might present their griefes to the King How he favoured Tray●rs not onely to them but to the Publique to the imminent danger of the Realme unlesse it were spee●ly prevented The King on the other side by Trayterous Cōunsellours advise sought how to take ●em off single before they were united but in vaine by reason their party was so great Meane time ●me peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thi●er approaching they are advertised by some who had sworne on the Kings behalfe for good dea●●g to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which ●ithout the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre Knights were reported to have ●●d for their destruction attended in ambush The King sweares his innocency promising safe con●●ct to the Lords if they would come who thereupon came strongly guarded and would trust no longer ●he King sitting in royall State in Westminster Hall the Lords present themselves upon their knees before ●m and being required by the Lord Chancellour Why they were in warlike manner assembled at ●aring gye Park contrary to the Lawes their joynt answer was That they were assembled for the good of the ●ing and kingdome and to weed from about him such Traytors as be continually held with him The Traytors ●ey named to be Robert de Vere Duke of Ireland Alexander Nevill Archbishop of Yorke Michael de ● Pole Earle of Suffolke Sir Robert Tresilian that salse Justiciar Sir Nicholas Brambre that false Knight ● London with others To prove them such They threw downe their Gloves as gages of challenge for a tri●l by the Sword The King hereupon replyed as knowing they were all hidden out of the way This ●all not be done so but at the next Parliament which shall be the morrow after Candlemas all parties shall ●ceive according as they deserve And now to you my Lords How or by what authority durst you presume to levy ●orces against me in this Land did you thinke to have terrified me by such your presumption Have not I men and ●mes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of ●u all no more then of the basest Scullions in my Kitchins Having used these and many like high words ●e tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The ●st of the conference was calme and the whole deferred till the next Parliament then shortly to be hol●●n at Westminster In the meane time that the world might see how little able the King was to equall ●s words with deeds a Proclamation was set forth in which the King before any tryall cleareth the ●ords of Treason names those persons for unjust accu●ers whom the Lords had before nominated The ●ords neverthelesse thought not good to sever themselves but kept together for feare of the worst which

good Subjects as the Cavaliers doe 〈…〉 w and to take from them their victuals at their pleasure paying little or nothing for them and to ravish their 〈…〉 ves and daughters And if any man persumed to complaine to the King of them he was soone rid out of 〈…〉 way no man knew why nor by whom so that in effect they did what they listed In this Parliament 〈…〉 King having made the Speaker and a great part of mercinary proud ambitious men of the Commons 〈…〉 use to be of his side to act what he required them he then prevayled likewise with the upper house 〈…〉 with the Prelates then with the Lords more out of feare of him then any reason by meanes where 〈…〉 the Commission Charters of pardon and Acts made in Parliament in the 10. and 11. yeare of his raigne 〈…〉 re quite revoked and declared voyd in Law as being done without authoritie and against the will and 〈…〉 ertie of the King and of his Crowne And withall they declared the Judges opinions for which they were 〈…〉 demned in that Parliament to be good and lawfull and attainted the said imprisoned Lords of high 〈…〉 eason and confiscated their lands The two Earles hereupon were beheaded and the Duke by reason 〈…〉 is p●pulat●tie smothered onely for their former actions which done the King adjourned the Par 〈…〉 ent to Shrew●bury where he subrilly procured an o 21. R. c. 12. Act to passe by common consent that t●e power 〈…〉 he Parliament should remaine in seven or eight persons who after the Parliament dissolved should deter 〈…〉 e certaine petitions delivered that Parliament and not dispatched By colour whereof Those Commit 〈…〉 proceeded to other things generally touching the Parliament and that by the Kings app 〈…〉 ment in derogatien p 21. R. 2. c. 16. Walsing Hist Aug. Ann● 1398. p 394 〈…〉 he state of the Parliament the dis●ommodity and pernicious example of the whole Realme And by colour 〈…〉 Authority hereof the King caused the Parliament Rols to be altered and defaced against the effect of the 〈…〉 said grant After which he much vexed and oppressed his people with divers forced Loanes Oathes 〈…〉 positions and oppressing Projects to raise money seeking to trample them under his feet and 〈…〉 roy the Realme and tooke all the Jewels of the Crowne with him into Ireland without the Kingdomes 〈…〉 sent Which rendered him so odious to his people that Henry Duke of Lancaster landing in England the whole kingdome came flocking to his ayde so that he had an Army of 60000. men in a short time who v 〈…〉 ed to prosecute the Kings ill Counsellours Whereupon King Richard returning out of Ireland hearing 〈…〉 the Dukes great Army assembled against him and knowing that they would rather dye then yeeld 〈…〉 of their hatred and seare of him he dismissed his Courtiers hiding obscurely in corners till he was a 〈…〉 prehended and by a Parliament summoned in his name though against his will judicially deposed 〈…〉 his misgovernment Among which Articles of his misgovernment for which he was judicially dethroned these are rema 〈…〉 able First * Graft p. 400 401 402 c. That he was●fully spent the Treasure of the Realme and had given the possessio●s of the Crow 〈…〉 to men unworthy by reason whereof daily new charges more and more were laid on the neckes of the poore C 〈…〉 monalty And when divers Lords were appointed by the High Court of Parliament to commune and t 〈…〉 of divers matters concerning the Common-wealth of the same which being busie about those Commissions he 〈…〉 other of his affinity went about to impeach them of high Treason and by force and threatning compelled 〈…〉 Justices of the Realme at Shrewesbury to condescend to his opinion for the destruction of the said Lords 〈…〉 somuch that he began to raise warre against John Duke of Lancaster Thomas Earle of Arundell Rich 〈…〉 Earle of Warwicke and other Lords contrary to his honour and promise Item He assembled certaine Lancashire and Cheshire men to the intent to make warre on the fores 〈…〉 Lords and suffered them to rob and pillage without correction or reproofe Item Although the King flatteringly and with great dissimulation made Proclamation throughout 〈…〉 Realme that the Lords before named were not attached for any crime of Treason but onely for extortions 〈…〉 oppressions done in the Realme yet be laid to them in the Parliament rebellion and manifest Treason Item He hath compelled divers of the said Lords servants and friends by menace and extreame paines 〈…〉 make great sines to their utter undoing And notwithstanding his pardon to them granted yet he made the fine of new Item That he put out divers * Note Sheriffes lawfully elected and put in their roomes divers of his owne Mi 〈…〉 on s subverting the Law contrary to his Oath and Honour Item For to serve his purpose he would suffer the Sheriffes of the Shire to remaine above one yeare or two Item He borrowed great summes of money and bound him under his Letters Patents for repayment of the sa 〈…〉 and yet not one penny paid Item He taxed men at the will of him and his unhappy Councell and the same Treasure spent in folly not pay 〈…〉 poore men for their victuall and viand Item He said That the Lawes of the Realme were in his head and sometime in his brest by reason of wh 〈…〉 phantasticall opinion he destroyed Noble men and impoverished the Commons Item The Parliament setling and enacting divers notable Statutes for the profit and advancement of the Co 〈…〉 monwealth he by his private friends and solicitors caused to be enacted * Such a kinde of proviso was endevoured to beadded to the Petition of Right 3 Caroli That no Act then enacted should 〈…〉 more prejudiciall to him then it was to any of his Predecessors though with proviso he did often as he listed 〈…〉 not as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Jew 〈…〉 without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carryed the Jewels Plate and Treasure of the kingdome o 〈…〉 the Sea in to Ireland to the great impoverishing of the Realme And all the good Records for the Comm 〈…〉 wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Justices were sworne to say the truth of divers things to them committed in cha 〈…〉 both for the honour of the Realme and profit of the King the said King so menaced them with sore threatning 〈…〉 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 Prin 〈…〉 hands and at his disposing Item He craf●ily devised certaine privy Oathes contrary to the Law and caused divers of his

7. 17. 3. 4. E. 6. c. 11. 12. 1. Eliz. 1. 2. with sundry more Now ● Lib. 1. c. 8. l. 3. c. 9. f. 107. r polit l. 3. c. 1● 11. 12. that Parlimentary power which onely can create and conferre on Kings a greater regall Authority and Prerogative then they had before must needs be the Originall and supreame authoritie for as we rightly argue m See 1 Eliz. c. 1. Rastal T it Sewers or Commissioners Rastall Tit. Iustices c. that the Kings Authority is superiour to all other his greatest Officers and subordinate Ministers of Iustice because their power is by Patent or Commission derived from his So we may from the selfe-same reason conclude that the High Court of Parliaments power the representative body of the whole kingdome is the most primitive soveraigne and greatest authoritie of all other yea larger and higher than the kings n Qui●quid ●fficit tale est magis tale nemo potest dare quod non habet are true in this case because it onely can enlarge the Kings prerogative whose originall or additionall Royalties proceede not from the king himselfe or his Ancestors owne inherent hereditary power for what king could justly without his peoples consents usurpe a Crowne or lawfull royall Prerogative to himselfe over an whole Countrey but meerely from the voluntary consent and grant of his people in the Parliament This is irrefragably evident not onely by the various o See Alex. ab Alexandro ● 3. c. 2. Facile perspici potest regni multa esse genera nec eandemimperii formam in omnibus esse regibus Regalis potentiae gen●ra numero sunt quatuo● Aristot Polit. l. 3. c. 10. 11. See Dan. c. 8. 11. kinds of kings whereof some are of greater power and authority others of lesse some by Election others by succession by reason of their Subjects originall institution by the diverse alterations of the Monarchy in this kingdome which hath beene sometimes divided into 7. sometimes into 5. sometimes into 3. or two kingdomes and at last reduced unto one by the great changes and alterations made in all forraigne Realmes which have sometimes multiplied sometimes diminished the number and power of their Princes and sometimes quite abolished the royall forme of Government changing it into an Aristocraticall or popular rule by the divine Authority of S. Peter who in this regard calls Kings and their Supremacy a r 1 Pet. 2. 13 14. Alex ab Alexandro Gen. Dier●m l. 3 c. 3. l. 4. c. 23. humane creature or Ordinance of man because instituted limited and moulded into severall degrees of power by men over whom they r●igne● by two expresse determinations of Aristotle in these termes s Politicorum l. 3. c 10. p. 209 2●0 Regna patriis moribus legibus FVNDATA CONFIRMATASVNT And t Ibid l. 5 c ●3 p. 367. Verum Regnum est imperium majoribus praestantioribus viris VOLVNTAT ● CIVIVM DELATVM seconded by v De Officiis l. 2. Caeli●● Rhodi Antiq. Lect l 8. c. 1 Alexander ab Alexandro Gen. Dierum l. 4. ● 23. Livie Hist Rom. l. 1. Sect. 17. p. 14. 15. l. 4 p. 144. 145. Pl●●archi Num●●ompilius Tully Livie and others but likewise by Andrew Horne an eminent Lawyer in Edward the 1. his raigne in his Myrro●r of Justices Chap. 1. Sect. 2. p. 7. 8. 9. where he thus writes of the originall institution of our English Monarches After that God had abated the Nobility of the Britans who rather used force then 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 40. Kings all which held themselves to have COMPANIONS These Princes called this Land England which before was named Greater Britain These after great warres elected from among them a King to Raigne 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 p See Mathew Paris Speed Holinshed Grafton and others 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 his 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 P●●res 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 Iudge and Party OF RIGHT IT BEHOVES that the King should have q Livie Hist Rom. l. 1. Arist Polit. l. 2. c. 8. Goodwins Rom. A●tiq COMPANIONS for to heare 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 no● 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 3. his raigne as in his forecited Passages so in others resolves x Lib. 1. c 8. f. 5. lib. 3. c 9 f 07. 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 k●ng but by the Parliament the kingdomes great Counsel by whose counsell and consent alone all Lawes were first enacted and yet are as the y Hujusmodi leges Anglicanae cum ●uer●m approbatae Sacramento Regis confirmatae mutari non poterunt c. Idem l. ● c. 2 f. 1. 6. same Author informes us who further addes That the King ought to be under the Law because Christ whose Vicar he is on Earth when he 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 iustice and so would be z Gal. 4. 4. ● 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 humilitie refused not to be a subiect to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater then he in the Kingdome in the exhibition of Iustices yet he OVGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING IVDGMENT if he require it b ●ract ●●● 3. c. 9. f. 107. lib. 1. c. 8. f. 5. l.

and strength of the kingdome in their hands which they insolently abused to the great hazard ●f the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we 〈…〉 King speake these things faithfully unto you in the presence of God and man and doe counsell beseech and adm●nish ●ou to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faith●ull and sworne children thereof To which the King in briefe answered That he could not suddainely put off h●● Councell and therefore prayed a short respite Nothing ●ad hither to preserved the King more Then that he could ●ithout griefe forgo● any favorities if he were nearely pressed the contrary quality whereof hath beene the cause of ●i●all desolation to so many Princes For though choyce of Counsellours ought to be free yet by common in●endment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love ●f a whole Nation rather then to relinquish or diminish a particular dependance for which the publique must not be ●azarded 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 derives them of their Offices and puts good men in their places and commands all Poictovians and Foraine forces to de●art the Realme receives all his Nobles into favour restoring them to their lost Offices Lands Castles admits them 〈…〉 to his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And ●r Peter Rivales his Treasurer he was so vehemently inc●nsed against him for his ill Counsell that he sware 〈…〉 would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster 〈…〉 e King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye ●ake thus to him O ihou Traytor by thy wicked advise I was drawne to set my Seale to those treacherous Letters ●r the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Coun 〈…〉 ll I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy com 〈…〉 lices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which ●n●rprise I wasted my Treas●re and lost many worthy persons together with much of my Royall respect Therefore I 〈…〉 act of thee an account and thou shall be carryed to the Tower of London to deliberate till I am satisfied And 〈…〉 us were these civill warres and differences reconciled ill Counsellors removed enormities reformed De 〈…〉 nquents punished not without reducing store of coyne to the King and peace established in the King●ome Which History I have more largely recited because most of its passages are Paralell to the Kings 〈…〉 d his evill Counsellors present proccedings on the one hand and to the Parliaments in some sort on the o 〈…〉 er hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour of 〈…〉 ill Councellours and Cavalieres the just punishment of Delinquents all good Subjects joy and content●ent and the reestablishment of our peace in truth and righteousnesse To end the point proposed * Walsingh Hist● p. 84. 44. Ypod. Neust p. 101 Anno Dom. 1315. King Edward the second by his Writ summoned a Par 〈…〉 ment at London But many of the Lords refused to come pretending causes and impediments by which their ab 〈…〉 nce might well be excused and so this Parliament tooke no effect and nothing was done therein In this Parti 〈…〉 lar then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parlia●ent 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 wills Thus the Barons Prelates a●d Commons by open warre and Armes enforced both a Mat. Pa. An. 1214 1215. p. 240 to 256. Mat. West Walsingham Ypodig Neu. An. 1214 1215 Fabi. Caxton Hol. Graf Daniel in the life of K. John Hen. 3. Sp. Hist p. 578. to 637. King John 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 ● solemne Oath one after another at Saint Edmonds upon the High Altar An. 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves fro● their Allegiance to him untill he should confirme to them by a Charter ratified with his Seale all things which th●● required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleev●● 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 enforce● King b Matth. Par. p. 252. Sp. Holinsh accordingly John thus to ratifie these Charters for the better maintenance of them they elected 25. Barons ●● be the Conservators of their Priviledges who by the Kings appointment though much against his liking ● afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe thes● 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 obe● the commands of the 25. Barons After this c Matth. Paris An. 1258. p. 9. 940 941. Matth. West 1258. Sp. p. 635. Hol. Graft Dani. Polychron An. Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lord came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres a●● the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea Ports ●● 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 we●● these That the King should firmely keepe and conserve the Charter and Liberties of England which King John ● Father made granted and ratified with an Oath and which himselfe had so often granted and sworne to maintai● inviolable and caused all the infringers ofit to be horribly excommunicated by all the Bishops of England in h● owne