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A80120 A collection of the rights and priviledges of Parliament. Together, with the true and just prerogatives of the kings of England. Collected out of ancient writers, both divine and morrall. Informing the willing man, convincing the flatterer, and vindicating those that pray for the tranquillitie of this our Syon. / Written by a Gentleman that wishes all happinesse and peace, to this distracted kingdome. Gentleman that wishes all happinesse and peace to this distracted kingdome. 1642 (1642) Wing C5207; Thomason E239_12; ESTC R3898 15,173 15

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A COLLECTION OF THE RIGHTS AND PRIVILEDGES OF PARLIAMENT TOGETHER With the true and just Prerogatives of the Kings of ENGLAND Collected out of Ancient Writers both Divine and Morrall Informing the willing Man Convincing the flatterer and vindicating those that pray for the Tranquillitie of this our Syon Written by a Gentleman that wishes all happinesse and peace to this Distracted Kingdome LONDON Printed for Laurence Chapman and are to be sold at his shop at Chancerie-lane end neare Holborne 1642. Some few briefe Cellections out of Iewels defence against Harding the Iesuite the booke of Martyrs by Fox Calvins Inst and others published by the authority of this kingdome which may somewhat informe the willing man convince the flatterer and vindicate those who desire only that Caesar may have his due that Meum tuum may be duly distributed our enemies frustrated we settled in peace and God glorified SYmmachus Celsus Iulianus and others old foes of the Gospell did attempt in times past to accuse all Christians of sedition and treason before that either Prince or people were able to know who those Christians were what they professed what they beleeved or what was their meaning Iew. Def. Fol. 443. They adde also which they enlarge with all kind of spight that they be men of trouble that they plucke the Sword and Scepter out of the Kings hands that they arme the people that they overthrow judgement places destroy the Lawes make havock of possessions seeke to make the people Princes turne all things upside downe and to be short that they would have nothing in good frame and order in a Common-wealth They have often set on fire Princes hearts with these words to the end that they might quench the light of the Gospell in the very first appearing of it and that men might begin to hate the same ere ever they were able to know it and to the end that every Magistrate might thinke he saw his deadly enemie as often as he saw any of them Ibid. Fo 440. But Christ himselfe the Apostles and other good Christians were in times past blamed and reviled in like sort for although Christ taught to give unto Caesar that which was Caesars yet was he charged with sedition and accused to devise some conspiracie and to seeke wayes to get the kingdome and thereupon they cryed with open mouth against him If thou let this man escape thou art not Caesars friend The like blame was charged upon the Apostles that they did disquiet the people and stirred up the multitude to rebell Thus did Hamon bring the Nation of the Iewes into the hatred of the King because said he they were a rebellious and stubborne people and despised the Ordinances and Commandements of Princes Tertullian saith that in his time it was the generall accusation of all Christians whilst be lived that they were Traytors Rebells c. Wherefore if now a dayes the truth be evill spoken of and being the same truth it was then and like dispitefully vsed as it was in time past it cannot seeme a new or an unwonted matter Ibid Fol. 440.441 It is not impertinent to take notice of the plots and designes used by the Bishops against the Mernidolians in the 2 volume of the booke of Martyrs we must goe about say they with all our endeavour power and pollicie c. sparing no charges but spending goods wealth and treasure to make such a slaughter of the Mernidolians that none shall be so bold hereafter whatsoever they be although of the bloud Royall once to open their mouths against us and our Ecclesiasticall state Against the Nobilitie we must attempt nothing rashly but we must seeke all the meanes we can to please them for they are our sheild fortresse c. many of them doe both thinke and speake evill of us and are of these new Gospellers we must not exasperate them against us in any case but seeke to winne them and make them our friends so we may be in safety under their protexion else we may be compelled to forsake our dignities possessions and livings which we now wealthily enjoy so we shall come to be contemned and dispised of all men even of these Pesants and we should be counted no true Pastors of the Church The storme commeth from the North the winds blow and beate upon our house our estimation and authoritie is abased our jurisdiction decayed the ordinances of the Church dispised wherefore are we set over Nations and Kingdomes but to roote out and destroy subuert and overthrow whatsoever is against us Let us therefore now awake and stand stoutly to the right of our possessions to roote out the memorie of these wicked Lutherans for ever we have already procured a terrible arrest against them there wants nothing but to be put in execution Let not our gold and silver witnesse against us at the day of judgement if we refuse to bestow the same in so good a sacrifice unto God For my part I will furnish at my owne charges one hundred men well horsed with furniture thereto belonging to the utter distruction and subversion of these wicked and cursed caitiffs That prerogative and cheiftie that is and ever hath beene dew to a Prince by the ordinance word of God is to be the nurse of Gods true Religion to make Lawes for the good and peace of Church and Common-wealth to see them dewly executed to punish such as be offenders and to cherish the good Iew def Fol. 15. The King because he is the Vicar of the highest King is appointed for this purpose to rule the earthly kingdome and the Lords people to governe the Church and defend it from injuries to plucke away the wicked doers and utterly to destroy them which unlesse he doe the name of a King agreeth not to him but he looseth the name of a King It is conuenient to call them Kings who vigillantly defend and governe the Church of God and his people A King ought to set up good Lawes and customes such as be wholesome and approoved such as be otherwise to repeale them and thrust them out of his kingdome All these things ought a king in his owne person to do taking his oath upon the Evangelists swearing in the presence of the whole State of the Realme as well of the temporality as spiritualtie before he be Crowned Fox voll I. Fol. 214. In every well ordered Common-wealth it ought specially to be desired that the whole Realme should be of more authority then the King which if it happen contrary it were not to be called a kingdome but a tyranny A king is not of more authoritie then his kingdome A king to be of more authority then his kingdom were too absurd For oftentimes kings who do wickedly governe the Common-wealth and exercise cruelty are deprived of their kingdomes Ibid Fol 879. For if we doe see a King so to dispise and contemne the Lawes violently spoyle and rob his subjects c. do not
the Nobles of the kingdom assemble together deposing him from his kingdome set up another in his place which shall sweare to rule and governe uprightly and to be obedient to his Lawes Ibid Fol. 880. The Brittish Nobilitie combine themselves depose Vertigerne for his improvident admission of the Saxons elect Vertimer his son Dan Fol. 7 See the lives and raignes of king John Hen. 3. Edw. 2. Ibid. Dan. I allow not them who attribute so ample and large authority unto Kings that they will not have them bound under any Lawes for such as do so say are but flatterers which do talke otherwise then they thinke for albeit they say the moderation of the Law is alwayes in the Kings power that doe I thus understand that when as reason shall perswade he ought to digresse from the rigour of the Law for he is called a king which careth and provideth for the Common-wealth taketh pleasure in the commoditie and profit of his subjects and in all his doings hath respect to the commodity of those over whom he ruleth which if he doe not he is not to be counted a King but a tyrant whose propertie it is onely to seeke his owne profit for in this point a King differeth from a tyrant that the one seeketh the commoditie and profit of those whom he ruleth and the other only his owne The which to make more manifest the cause is also to be alledged wherefore kings were ordained at the beginning Cicero saith it is certaine there was a time when as the people lived without kings but afterwards when lands and possessions began to be divided according to the custome of every Nation then were kings ordained for none other cause but onely to exercise justice for when as the common people were oppressed by rich and mighty men they ranne by and by to some good and vertuous man which should defend the poore from injurie and ordaine lawes whereby the poore and rich might dwell together but when as yet under the rule of kings the people were often times oppressed Lawes were ordained instituted the which should judge neither for hatred nor favour and give like eare unto the poore and unto the rich wherby we understand and know that not onely the people but also the King to be subject to the Lawes Fox voll 1. Fol. 880. The Lawes are Iuracoronae or Iura Regia because saith Braston a learned Iudge in the time of Hen. 3. the King is under no man but God and the Law for the Law makes the King therefore let the King attribute that to the Law which from the law he hath received to wit power and dominion for where will and not law doth sway there is no King The Crowne of England descends to the next of bloud onely by the custome and Law of Kingdome for the Successor is not said properly to be the heyre of the King but of the Kingdome which makes him so Dan Fol. 29. It s a harsh thing to a power that hath once gotten out into the wide liberty of its will to heare of any reducing to its circle not considering how they who inherit offices succeed in the obligation of them and that the most certaine meanes to preserve unto a King his Kingdome is to possesse them with the same conditions that he hath inherited them Ibid Fol. 121. Such of the Pylots Royall of this Land as have made use of and relyed upon the ancient Lawes and long settled Customes of this nation for their Card and Compasse for the guiding of the Barke of this Common-wealth have most honourably and prospercusly sayled through all the most difficult and dangerous passages and roughest billowes in the most boisterous stormes and at length have atived at their desired haven with infinite glory to themselves and the nation And such who willfully or seducedly rejected and contemned those Lawes and customs were during all or the most part of their Reignes tost and turmoyled both they and the whole Kingdome in most wofull sort to the very period of iminent and jrrevocable destruction of themselves and the losse of the state The excellent fruite of Parliaments in this state at all times and that those Princes who were most conversant in them were alwayes most happy in their government is best observed in the histories at large And the cause why Facitus did ascribe so much to the prosperous proceedings of the Romans was quodnon in communi cousuelerint and the Scripture saith By wise counsell thou shalt make thy war that in the multitude of Councellours there is safetie And as Sir Walter Raleigh spake it shall ever be my prayer that our King embrace the Councell of honour and safetie and let other Princes embrace that of force Our King saith Commines is the King in the world who hath least cause to alledge that he hath privilidges to leavie what he listeth upon the subjects seeing that neither he nor any other Prince hath power so to do and those that say he hath do him no honour nor make him to be esteemed but cause him to be hated and feared of his neighbours who for no thing would live under such a government How ever the very doings of men be judged yet the Lord did as well execute his work by them when he did break the bloudy Septers of proud kings and overthrow their intollerable governments Let Princes heare and be afraid but we in the meane time must take great heed that we do not despise or offend that the authority of Magistrates ful of reverend Majesty which God hath established with most weighty decrees although it remaine with most unworthy men and which do with their wickednesse so fat as in them is defile it For though the correcting of unbridled government be the revengment of the Lord Let us not thinke by and by that it is committed to us to whom is given no other commandement but to obey and suffer I speake alway of private men for if there be at this time any Magistrats for the behalfe of the people such as in the old time were the Ephori● that were set against the kings of Lacedemonia or the Tribunes of the people against the Roman Consuls or the Demarchy against the Senate of Athens And the same power also which peradventure as things are now the three estates have in every Realme when they hold their principal assemblies Parliaments I do so not forbid them according to their Office to withstand the outraging licensciousnesse of Kings that I affirme that if they winke at Kings wilfully raging over and treading downe the poore communalty their dissembling is not without breach of faith because they deceitfully betray the liberty of the people whereof they know themselves to be appointed Protectors by the ordinance of God Thus Calvin in his Inst lib. 4. Chap. 20. Sect. 31. And in that obedience which we have determined to be due to the authoritie of Governors this is alwayes to be