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A56189 A plea for the Lords, and House of Peers, or, A full, necessary, seasonable enlarged vindication of the just, antient hereditary right of the earls, lords, peers, and barons of this realm to sit, vote, judge, in all the parliaments of England wherein their right of session, and sole power of judicature without the Commons as peers ... / by William Prynne. Prynne, William, 1600-1669. 1659 (1659) Wing P4035; ESTC R33925 413,000 574

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Deut. 17.14 15. When thou art come into the Land which the Lord thy God giveth thee and shalt possess it and dwell therein and shalt say I will set a King over me like as all the Nations that are about me Thou shalt in any wise set him King over thee WHOM THE LORD THY GOD SHALL CHUSE not the people Upon which account when the Israelites grew wearie of the Government of Samuel and his Sons all the Elders of Israel gathered themselves together and came to Samuel unto Ramah and said unto him Behold thou art old and thy Sons walk not in thy wayes Make or Give thou us a King to judge us like all the Nations not taking upon themselves the power to nominate and elect their very first King but referring the choice to Samuel himself Who thereupon prayed unto the Lord for direction therein After he prayed God commanded him to hearken to the voice of the people and to make them a King 1 Sam. 8.4 to the end yet such a one as God himself not Samuel or the people should appoint For soon after God told Samuel that to morrow about this time he would send him a man out of the Tribe of Benjamin and thou shalt anoint him to be Captain over my people Israel whereupon Saul coming to him at that time when Samuel saw him The Lord said unto him Behold the man whom I spake to thee of this same shall reign over my people then Samuel took a horn of oyl and powred it upon his head and kissed him and said Is it not BECAUSE THE LORD HATH ANOINTED THEE KING OVER HIS INHERITANCE Who being afterwards brought forth before all the people assembled at Mizpeh Samuel said to all the people See ye HIM WHOM THE LORD not I or you HATH CHOSEN that there is none like him among all the people Upon which all the people shouted and said GOD SAVE THE KING 1 Sam. 9.16 17. c. 10.1.17.23 24. So that God himself not Samuel nor the people elected and made Saul King over his own people which is further evident by the 1 Sam. 15.17.35 After which God rejecting Saul from being King he both elected appointed and anointed David to be King over Israel 1 Sam. 16.1.12 13. Psalm 78 70 71. 2 Sam. 7.8 1 Chron. 28.4 Whereupon all the Tribes after Sauls death came to David to Hebron made a League with him and anointed him King before the Lord upon this account that the Lord had said unto him Thou shalt feed my people Israel and thou shalt be a Captain over Israel 2 Sam. 5.1 2 3. acknowledging therby the choice of their King to be Gods peculiar right not theirs After which God himself to manifest the choice of their Kings to be not in the people but in his own disposal being but his Vicegerents Substitutes and sitting upon his throne to be Kings for the Lord their God 2 Chron. 9.8 Isay 44.28 Acts 13.22 setled the inheritance of the Crown and Kingdom of Israel in David his Sons and posterity for ever appointing Solomon his Son immediately to succeed him and making him King over his people as is evident by the 2 Sam. 7.8 to the end 1 Kings 5.5 c. 6.12 c. 8.20 1 Chron. 22.20 c. 28.4 5 6 7. 2 Chron. 1.8 9. c. 2.11 Psal 89.3 4 20. to 38 2 Chr. 23.3 c. 6 16. c. 7.18 1 Kings 15.4 5. Jer. 33.15.17.20 21. c. 23.5 6. c. 30.9 Ezech. 34.23 24. c. 37.24 29. Hos 3.5 Lu. 1.32 33. Upon which account afterwards when the ten Tribes revolted from Rehoboam and the House of David against Gods institution and made Jeroboam their King God thereupon chargeth it upon them as a high incroachment upon his prerogative in these terms Hosea 8.4 They have set up Kings but not by me they have made Princes and I knew it not And hereupon Abijah heir by hereditarie succession to David thus charged Jeroboam and all Israel with rebellion against God and Rehoboam therein 2 Chron. 13 5 6 7 8. Ought you 〈◊〉 to know THAT THE LORD GOD OF ISRA●●AVE THE KINGDOM OVER ISRAEL TO ●D FOR EVER EVEN UNTO HIM AND TO HIS SONS BY A COVENANT OF SALT But Jeroboam the Son of Nebat the Servant of Solomon the Son of David is risen up AND HATH REBELLED AGAINST HIS LORD And there are gathered unto him vain men the children of Belial and have strengthned themselves against Rehoboam the Son of Solomon when Rehoboam was young and tender hearted And now you think TO WITHSTAND THE KINGDOM OF THE LORD IN THE HANDS OF THE SON OF David and ye have a great multitude c. O children of Israel fight ye not against the Lord God of your Fathers for YOV SHALL NOT PROSPER And God smote Jeroboam and all Israel before Abijah the right heir and Judah and God delivered them into their hand And Abijah and his people slew them with a great slaughter So there fell down slain of Israel five hundred thousand chosen men The greatest slaughter we ever read of in one battel in sacred or prophane Histories If then God allowed not the free election and nomination of Kings and Supreme Governours to his own people of Israel their Tribes or Elders but reserved it only to himself as his own peculiar prerogative which they might not intrude upon without high presumption and exemplarie punishments as the forecited Scriptures with Iudges 2.20 Acts 13.20 21 22 23. undeniably evidence By what Law of God or Nature any other vulgar rabble or people of God can now challenge this as their proper birthright and natural inherent due to elect all their Kings all their Supreme or subordinate Officers and all Peers of Parliament especially in an hereditarie kingdom transcends my reason to comprehend unless they will blasphemously tax God himself for injuring his own peculiar people in usurping upon and depriving them of this their Natural right and freedom 8ly The Scripture is most express and positive That it is God who removeth Kings and setteth up Kings Dan. 2.28 That the God of Heaven setteth up kingdoms and Kings That the most high ruleth in the kingdoms of men and giveth them to whomsoever he will Dan. 2.44 c. 4.25.34 35. That promotion cometh neither from the East nor from the West nor from the South but God not the people is the Judge he pulleth down one and setteth up another Psa 75 6 7. He looseth the bond of Kings and girdeth their loins with a girdle He powreth contempt upon Princes and weakneth the strength of the mighty Job 12.18 19. Whereunto God adds Prov. 8.15 16. By me Kings reign and Princes decree Justice By me Princes rule and Nobles and all the Judges of the earth Hereupon Samuel used this speech to King Saul 1 S●m 15.26.28 The LORD hath rejected thee from being King over Israel The LORD hath rent the kingdom of Israel from thee this day and hath given it to a neighbour of thine better than thou Yea the Apostle Rom.
they their Ancestors purchased at so dear a rate and a means to dis-ingage them for ever siding hereafter with and setting them against the Commons and Republike for such an high dishonour and affront as this will prove 3ly Our Lords and Nobles have been the stoutest Champions to defend the Rights Privileges Liberties of the Crown Realm and Church of England the Great Charters Liberties Laws Franchises Properties of the Clergy people therein against the Popes and Prelates Antichristian invasions and enchroachments on them for proof whereof I shall present you with these few pertinent presidents instead of many others recorded in our Annals Pope Paschal the 2. and his Confederate Anselm Archbishop of Canterbury endeavouring by a Papal Decree to deprive the King of the investiture of Bishopricks by a Ring and Staff which his Ancestors enjoyed The King thereupon writ and sent him a Letter by two of his Bishops Anno Dom. 1103. wherein he concludes thus Beneficium quod ab Antecessoribus meis beatus Petrus habuit vobis mitto eosque honores eam obedientiam quam tempore Patris mei antecessores vestri in Regno Angliae habuerunt tempore meo ut habeatis volo eo videlicet tenore ut dignitates usus et consuetudines quas Pater meus tempore antecessorum vestrorum in regno Angliae habuit Ego tempore vestro in eodem regno meo integre obtineam Notumque habeat Sanctitas vestra quod me vivente Deo auxiliante dignitates et usus Regni Angliae non minuentur Et si ego quod absit in tanta me dejectione ponerem OPTIMATES MEI imo TOTIUS ANGLIAE POPULUS ID NULLO MODO PATERETUR Habita igitur karissime Pater utiliore deliberatione ita se erga nos moderetur benignitas vestra ne quod invitus faciam a vestra me cogatis recedere obedientia To pretermit the Statutes of Clarindon Anno 1164. made and sworn to be observed by the Prelates Abbots Earls Barons and Nobles very derogatory to the Popes and Prelates usurpations in maintenance of the Kings Prerogative and peoples liberties recorded in Mat. Paris p. 96 97. Chronica Gervasii col 1386. In the year 1185. Heraclius Patriarch of Jerusalem comming into England with the Keys of the Tower of David and of Christs Sepulcher and the Banner of the holy Cross presented them to King Henry at Reading whom they had elected King thereof with an earnest Letter from Pope Lucius to accept thereof that so he in his absence might the more securely invade the rights of his Crown and Kingdom Hereupon the King Convocatis apud Londoniam totius Angliae Primatibus as Gervasius Dorobernensis or Convocato C●ero Regni ac populo to wit rhe Prelates and Nobles not ordinary Clergy and Commons usually expressed by this phrase as Mat. Paris relates it Convenerunt Londoniis apud Fontem Clericorum decima Kalendas Aprilis Rex cum universa Nobilitate Regni which expounds Clerus Regni et Populus Whence Radulphus de Diceto thus relates it Ad vocationem Regis Cantuariensis electus et Cantuariensis Ecclesiae Suffraganei Dunelmensis Episc Abbat Conventualium locorum Praelati Comites et Barones convenerunt apud fontem Clericorum 15 Kal. Apritis Rex itaque Patriarcha Magistro sanctae domus hospitalis Jerosolomi audientibus omnes suos fideles qui convenerant adjurationibus multis obstrinxit quatenus proponerent in medio quod super his saluti animae suae viderint expedire Ad hoc enim cor suum inclinatum dicebat ut quod acciperet ex eorum consilio modis omnibus observaret Tunc Concilio universo super praemissis colloquenti datum est igitur sub deliberatione quod esset consultius vel quod Rex in propria sua persona Jerosolomitanis succurreret vel Anglorum regno cujus gubernationem in facie Matris Ecclesiae dudum susciperat adhuc praeesse nulla ratione desisteret Ad illa siquidem tria quae Rex quilibet consecrandus promitiit aliqui revocabant Promittit namque se praecepturum opem pro viribus impensurum ut Ecclesia Dei populusque Christianus veram pacem in omni tempore servet Promittit etiam quod rapacitates et omnes iniquitates omnibus gradibus interdicet Promittit adhuc quod in omnibus judiciis aequitatem misericordiam praecipiet Satius ergo visum est VNIVERSIS animae Regis multò salubrius quod regnum suum debita cum moderatione gubernet et a barbarorum irruptionibus a gentibus externis tu●atur quam saluti Orientalium in propria sua persona De filiis Regis quidem quorum petiis aliquem Patriarcha si Rex tamen recusaret quicquid statuere cum essent absentes incongruum videbatur Whereupon Heraclius returned the Pope and he by this advice of the Nobles being both deprived of their hopes Rex inito consilio responderat quod oblatum sibi Regnum Hierosolomitanum accipere et adire et Regnum Anglorum deserere hostibus vicinis exponere non fuit ut credidit Deo acceptum cum sit Deo tam gratum tam devotum hoc ut illud King Iohn in the 17 year of his reign having confirmed the Great Charter of the liberties of England and of the Forest by his Seal Oath and the Popes own Bull after his surrender of his Crown and kingdom ro the Pope regranted to him under an annual tribute Pope Innocent by his Bull in a General Council held at Rome repealed these Charters of the King as compelled to grant them by force and fear against his will commanding the King under pain of a curse and excommunication not to observe the Barons not to exact or demand the said Charters or any obligations or cautions whatsoever for or concerning them which he utterly cancelled and made void ut nullo unquam tempore aliquam habeant firmitatem Writing also exhortatory minatory Letters to the Barons not to claim the said Charters or Liberties obtained by force and fear and therefore not only vile and dishonest but unlawfull and unjust under pain of his displeasure and Sentence But what was the issue Matthew Paris thus records Cumque tandem Rege Anglorum procurante Magnates Angliae has Literas tam commoni●oria● quam comminatorias accepissent Noluerunt desistere ab inceptis ed adhuc insurgentes Regem acriter infe●tabant dicendo de Papa illud propheticum Vae qui justificatis impium c. The Pope being informed that the Barons persisted in the prosecution of their Liberties and Wars against the King excommunicated them al their adherents in general for contemning and disrespecting his said Papal Decree Letters authority and suspended the Archbishop of Canterbury for siding with them But they contemning this his Sentence and persevering in their designs and wars he thereupon excommunicated all the Barons by name and likewise interdicted them and their adherents which being published in most places in the Country and thereby
Gulielmus Nubrigensis relates Q●cunque Rege tyrannice occiderat eo ipso personam et potestatem Regiam induens suo quoque occisori tandem post modicum fortunam inveteratae consuetudinis lege relicturus Quippe ut dicitur à centum retrò annis et eo amplius cum Regum ibidem numerosa successio fuerit Nullus eorum senio aut morbo vitam finivit fed omnes ferro interiere suis interfectoribus tanquam legitimis successoribus regni fastigium relinquentes ut scilicet omnes qui tanto tempore ibidem imperasse noscuntur illud quod Scriptum est respicere videatur OCCIDISTI INSUPER ET POS SEDISTI Wherefore to prevent the dangerous Consequences of these false Glosses on the Statutes of 25 E. 3. c. 2. 11 H. 7. c. 1. I shall lay down these infallible grounds 1. That all publike Laws are and ought to be founded in Justice righteousnes and common honesty for the preserving securing the lives persons estates of all men especially of lawful Kings and Supreme Magistrates from all violence invasion force disseisins usurpations conspiracies assassinations being against all rules of Law and Justice Exod. 20.12 to 18. c. 21 22. 23. Mat. 5.17 to 48. c. 7. 12. Deut. 4.18 Psal 19.8.9 Ps 119.7.106 137 138·160 167. Rom. 7.12 Deut. 6.25 Ps 33.5 Ps 45.7 Ps 72.2 Ps 74.15 Prov. 8.18 Prov. 24.21 Rom. 13.1 to 7. Lu. 20.25 Tit. 3.1 2 3. 1 Tim 1.9 10. Job 20.19 c. 24.2 Mich. 2.1 2 3 4. Jer. 6.7 c. 20.8 c. 22.3.17 Ezech. 45. c. Hab. 1 2. to 10. Lu. 3.14 Whence Cicero thus defines Law Lex est ratio summa insita in natura quae jubet ea justa quae facienda sunt prohibe que contraria Therefore these 2. Statutes were purposely made for those great ends and ought to be interpreted onely for the best advantage of Lawfull Kings and their adherents not for the indemnity impunity encouragement of Traytors Rebels Intruders Usurpers 2ly What Tully writes of the Roman Senators we ought to doe the same of our English Parliaments and Legislators Ea virtute et sapientia majores nostri fuerunt ut legibus scribendis nihil sibi aliud quam salutem atque utilitatem reipublicae proponerent Whence he there inferrs A Legibus nihil convenit arbitrari nisi quod reipublicae conducat proficisci quoniam ejus causa sunt comparatae Therefore these Laws are to be interpreted for the best security safety preservation of the lawfull heads of the Commonwealth and their rightfull heirs and loyal dutifull subjects not for their destruction and the indemnity security of Usurpers Traytors Rebels aspiring after their Crowns Thrones Assassinations to the publike ruine 3ly All the branches of the Statute of 25 E. 3. c. 2. made at the special request of the Lords and Commons and that by a lawful King at that season declare this Statute to be meant only of a lawful King whiles living whether in or out of actual possession of the Realm not of a bare Usurper in possession without right as Sir Edward Cooke expounds it else it will necessarily follow That it shall be no Treason at all to compasse or imagine the death of the King de jure if once dispossessed for a time by Violence and Treason or of his Queen or eldest son and heir or to violate his Queen or eldest daughter not married or to levy war against the lawfull King in his Realm or to be adherent to his Enemies within the Realm or elsewhere or to counterfeit his Great or Privy Seal or mony c. But high Treason in all these particulars in relation only to the Vsurper in possession without and against all right and Title which would put all our rightful Kings and Supreme Governors into a farr worser sadder condition than their Trayterous Vsurpers and into a worse plight than every Disseisee or lawfull heir intruded upon by abatement or dispossessed by torcions unjust or forcible entries for which our Common and Statute Laws have provided many speedy and effectual means of recovering their possessions and Damages too against Disseisor● Abators Intruders on their Inheritances Freeholds for exemplary punishment fining imprisonment of the Disseisors Abaters but no means of recovery at all for our dishinherited disposse●ed Kings or their heirs against Intruders Vsurpers of their Crowns nor punishments against them their Confederates or Adherents if our Laws concerning Treasons extend not unto them though Kings de jure but only to Usurpers de facto et non de jure and if the Statute of 11 H. 7. exempt them from all kinds of penalties forfeitures by the lawfull King when he regains possession of the Crown as some now expound them 4ly It is resolved both by our Statutes Judges Law-books over and over That there is no Inter-regnum in our hereditary kingdom or any other That so soon as the rightfull hereditary King dies the Crown and Realm immediatly descend unto and are actually vested in the person and possession of the right heir before either he be actually proclaimed or crowned King and that it is high Treason to attempt any thing against his Person or royal authority before his Coronation because he is both King de jure de facto too as was adjudged in Watsons and Clerks case Hill 1. Jacobi Hence upon the death of King Henry the 3. though Prince Edward his heir was absent out of the Realm in the holy wars where he received a dangerous wound by an assassinate and was not certainly known to be alive yet all the Nobility Clergy and people going to the high Altar at Westminster swore fealty and allegeance to him as their King appointed a New Seal and Officers under him qui thesauram Regis pacem regni fideliter custodirent Sicque pax Novi Regis Edwardi in cunctis finibus regni proclamatur Edwardo fidelitatem Jurantes qui si viveret penitus ignorarunt Besides it is both enacted resolved in our Statutes Lawbooks That Nullum tempus occurrit Regi and that when the King is once in legal possession of his Crown Lands or any Lands holden of him by reason of his Praerogative he who enters or intrudes uppon them shall gain no freehold thereby yea if the Kings Tenant dieth and his heir enter into the lands his ancestors held of the King before that he hath done his homage and received seisin of the King though he hath a right of inheritance to the Lands by Law yet he shall gain no freehold and if he die yet his wife shall not be indowed because he gained no freehold by his entry but only a naked possessiō much les then shal a meer Intruder gain any Freeheld or interest in the Crown or Crown lands it self to the prejudice of the rightfull King or his heirs This is most evident by the sacred presidents of K. David still King when unjustly dispossessed driven out of his
kingdom by his unnatural Son Absolon who made himself King de facto who was yet a traytor with all his Adherents and came to a tragical end 2. Sam. c. 15. to c. 20. by the case of Adonijah the Vsurper and his Adherents slain and degraded as Traytors and of the Usurper Athaliah who had near 7. years possession of the Throne and slew all the bloud royal but Ioash yet was shee dispossessed slain as a murderer traytor usurper and Ioash the right heir set upon the Throne and crowned King by Jehoiada the high Priest the Captains and Rulers of the host and Officers people of the Land who all rejoyced and the City was quiet after that they had slain Athaliah with the sword 2 Kings 11. 2 Chro. c. 23. And as this was Gods Law amongst the Jews So it was the antient Law of England under the antient Britons as is evident by the case of the Usurper Vortigern who af●er his Usurpation of the Crown by the murther of two rightfull Kings Constantine and Constance and near 20 years possession by usurpation the Britons calling in and crowning Aurelius Ambrosius the right heir for their lawfull King he was prosecuted by him as a Traytor both to his Father and Brother whom he caused to be murdered to gain the Crown besieged assaulied and burnt to death in the Castle of Genorium in Wales with all his adherents that were in it This Law continued not onely under our Saxon Kings but English too as is evident by the case of Qu. Maud reputed a lawfull Queen notwithstanding the usurpation Coronation and actual possession of King Stephen in her absence all whose grants of the Crown lands were resumed by her Son King Henry the 2. and King Stephens Charters and Grants of them resolved null and void against King Henry because made by a Usurper and Invader of the Crown King John in the year 1216. was renounced by most of his Nobles Barons people who elected crowned and swore allegeance to Lewes as their King and dispossessed King John of all or most of the Realm who thereupon at his death cum summa mentis amaritudine maledicens non valedicens omnibus Baronibus suis pauper omni thesauro destitutus nec etiam tantillum terrae in pace ●inens ut vere JOHANNIS EXTORRIS diceretur ex hac vita miserrime transmigravit Henricum primogenitum suum REGNI CONSTITUENS HAEREDEM Yet no sooner was he dead though Lewes was K. de facto and that by the Barons own election who called him in and crowned him but Gualo the Popes Legat and many of the Nobles and People as●embling at Glocester there crowned Henry his Son for their true and lawfull King at Glocester cogente necessitate quoniam Westmonasterium ubi locus est ex consuetudine regiae consecrationis deputatus tunc ab inimicis suis suit obsessum After his Coronation he received the homages and fealties of all the Bishops Earls Barons and others present at his Coronation Sicque Nobiles Universi Castellani eo multo fidelius quam regi Johanni adhaeserunt quia propria patris iniquitas UT CUNCTIS VIDEBATUR filio non debuit imputari After which most of the Nobles and English deserting Lewes submitted themselves to Henry as their lawfull Soveraign routed the French forces besieged Lewes in London forced him to swear that he would depart the Realm and never to return more into it during his life and presently restore all the Lands and Castles he had taken in England by warr and resign them to King Henry Which he accordingly performed Most of the Barons who adhered to Lewes and submitted themselves to King Henry were by agreement restored to all their rights inheritances and Liberties But some Bishops Abbots Priors Secular Canons and many Clergy-men qui Ludovico Baronibus consilium praestuerant et favorem and continued obstinare were excepted out of the composition between King Henry and Lewes and thereupon deprived of their livings goods and forced to make fines and compositions for adhering to the Usurper Lewes though King de facto for a season Therefore a King de facto gets neither a legal freehold against the King de Jure or his heirs nor can he indemnify his adherents against his Justice who are still Traytors by adhering to him though crowned and the King de jure may punish them as such 5ly Since the Statute of 25 E. 3. which altered not the Law in this point before it in the Parliaments of 1 E. 4. ro● Parl. n. 8. to 37.4 E. 3. n. 28. to 41.14 E. 4. n. 34 35 36. King Henry the 6. himself though king de facto for 39. years and that by Act of Parliament and a double descent from Henry the 4th and 5th Usurpers and Intruders together with his Queen and sundry Dukes Earls Barons Nobles Knights Gentlemen who adhered to him in his wars against Richard Duke of Yorke and Edward the 4th King de jure were all attainted of high Treason all their lands goods chattels forfeited some of them executed as Traytors for adhering to Henry the 6. and assisting him in his wars against Edward the 4th king only de jure it being adjudged High Treason within the Statute of 25 E. 3. against Sir Edward Cooks fond opinion to the contrary As for the Year-book of 9 E. 4. f. 1. b. that the King de jure when restored to the Crown may punish Treason against the king de facto who usurped on him either by levying warr against him or compassing his death it was so farr from being reputed Law in any age being without and against all Presidents or in King Edward the fourths reign that those who levied war against Henry the 6. were advanced rewarded as loyal Subjects not punished as Traytors for it by King Edward the 4th when actually King It being not only a disparagement contradiction to the Justice Wisdom Title Policy and dangerous to the person safety of any King de jure to punish any of his Lieges Subjects for attempting the destroying deposing of an Vsuper of his Crown and Archtraytor to his person but an owning of that Usurper as a lawfull King against whom high Treason might be legally committed and a great discouragement to all loyal Subjects for the future to aid him against any Intruders that should attempt or invade his Throne for fear of being punished as Traytors for this their very loyalty and zeal unto his safety Moreover all the gifts grants made by Henry the 4 5 6. themselves or in and by any pretenced Parliaments under them were nulled declared void and resumed they being but meer Usurpers and kings de facto not de jure 6ly It is the judgement resolution of learned Polititians Historians Civilians Canonists Divines as well Protestants as Papists Jesuites and of some Levellers in this age that it is no Offence Murther Treason at all by the Laws of God