Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	french_a	king_n	richard_n	1,647	5	9.6740	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56211	The soveraigne povver of parliaments and kingdomes divided into foure parts· Together with an appendix: wherein the superiority of our owne, and most other foraine parliaments, states, kingdomes, magistrates, (collectively considered,) over and above their lawfull emperours, kings, princes, is abundantly evidenced, confirmed by pregnant reasons, resolutions, precedents, histories, authorities of all sorts; the contrary objections re-felled: the treachery and disloyalty of papists to their soveraignes, with their present plots to extirpate the Protestant religion demonstrated; and all materiall objections, calumnies, of the King, his counsell, royallists, malignants, delinquents, papists, against the present Parliaments proceedings, (pretended to be exceeding derogatory to the Kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. By William Prynne, utter-barrester, of Lincolnes Inne. It is on this second day of August, 1643. ordered ... that this booke ... be printed by Michael Sparke ...; Soveraigne power of parliaments and kingdomes	Prynne, William, 1600-1669.	1643 (1643)	Wing P4087A; ESTC R203193	824,021	610

of conquest I would disinherit any man of his heritage franchise or other rights that he ought to have of right nor for to put him out of that which he now enjoyeth and hath h●d before time by custome of good Law of this Realm except such private persons as have beene against the good purpose and the common profit of the Realme And this speech thus finished all Sheriffs and other Officers were put in their Authorities which season for the time that the Kings Sea was void and after every man departed And at afternoon were Proclamations made in accustomary places of the City in the name of King Henry the fourth And upon the morrow following being wednesday and the first of October the Procurators abovenamed went unto the Tower of London and there certified Richard of the admission of King Henry And the foresaid Justice William Thyrning in the name of the other and for all the States of the land gave up unto Richard late King all homage and fealty unto him before him due in like manner and forme as before I have shewed to you in the deposition of King Edward the second And thus was this Prince deprived of all Kingly dignity and honour by reason of his evill counsell and such unlawfull wayes and meanes as he by his insolency in his Realme suffered to be used when he had reigned two and twenty yeers three moneths and eight dayes So Fabian and others verbatim Those Parliaments then and Nationall Assemblies which have thus disposed of the Crown and Kings themselves and exercised such jurisdiction over them must certainly be above them and the highest Soveraigne power True it is our Protestant P●eres Commons and Parliaments never challenged nor exercised such jurisdiction and I presume they will not doe it However it is neither honourable nor safe for Kings and the most destructive policy their ill Counsellors can suggest unto them so farre to oppresse their Subjects or exasperate their Parliaments as to provoke them to use the extremity of their Soveraigne power and revive dead sleeping Presidents for their reliefe The consideration whereof when they were fresh made succeeding Kings more just and moderate in their governments and reclaimed many vitious oppressing Princes as Archigallo and others witnesse We know what Solomon saith Surely oppression maketh a wise man mad and if Kings or their evill Instruments shall so far mad their Subjects and Parliaments either by oppressions rapines misgovernment destroying making warre upon them or putting them out of their protections as to make them cry out as they did against King Iohn Iohannes factus est de Rege Tyrannus imo de homine in bestialem prorumpens feritatem Vae tibi Iohanni Regum ultime Anglorum Principum abominatio Nobilitatis Anglicanae confusio Heu Anglia vastata amplius vastanda c. Whereupon presently ens●ed a Nolumus hunc regnare Tandemque decretum est ut aliquem potentem in Regem eligerent per quem possint ad possessiones pristinas revocari eradextes quod nullus Iohanne peier vel durior p●ssit dominari tale miserabile statuentes argumentum Fortuna miserrima tuta est Nam timor eventus deterioris abest Cumque aliquandiu quem eligerent haesitassent demum in hoc pariter consenserunt ut Ludovicum filium Philippi Regis Francorum sibi praeficerent ipsum in Regem Angliae sublimarent Which they did to King Johns their own and the whole Kingdomes great prejudice We know what the ill advise of Rehoboams rough evill Counsellours produced 2 Chron. 10. And the King answered the people roughly after the advice of the young men saying My father made your yoake heavy but I will adde thereto my father chastised you with whips but I will chastise you with scorpions And when all Israel saw that the King would not hearken unto them the people answered the King though some say he came to the Crown by succession saying What portion have we in David and we have none inheritance in the Sonne of Iesse every man to your Tents O Israel and now David see to thine owne house So all Israel went to their Tents and elected Ieroboam for their King and fell away from the house of David to this day being never after united to it but continuing a distinct Kingdome from it This grosse impoliticke maxime of ambitious Princes now so much cryed up and prosecuted Aut Caesar aut Nullus hath utterly unkinged ruined hundreds of Kings and Emperours with their families and deprived them not onely of their Crownes but lives as it did Caesar himselfe with many of his successors whose tragicall ends should deter all other Princes from their destructive aspiring tyrannous counsels courses maximes Wherefore the best policy Kings can use to perpetutate their Thrones to them and their posterity is to treate their subjects so as may win their hearts and affections and not to straine their pretended prerogatives beyond the bounds of Law this being a most certaine experimented rule which Aristotle the Prince of politicians gives That there are two intestine causes most perilous and frequent of all others by which a Kingdome is usually lost and subverted The first is if the Nobles and people dissent from the King himselfe The second if Kings will reigne tyrannically and usurpe a greater domination or prerogative then the Lawes of their Kingdomes give them Then he addes Verily a kingdome is preserved by contrary remedies specially by a moderate kinde and temperate forme of Government For by how much the m●re moderate the King shall be and contented with smaller and fewer prerogatives by somuch the more constant and longer-lasting shall his kingdome necess●rily be For by this meanes it recedes farther from the domination of Tyrants and it comes nearer to the equability of manners and humanity of life and is lesse envyed by His subjects which he proves by the notable speech and example of King Theopompus And indeed this is the principall policy which God himselfe hath prescribed a King to prolong his dayes in his Kingdome he and his children after him to keepe all the words of this Law and those Statutes to doe them that is to governe himselfe and his subiects onely by Law not power to doe justice and judgement avoid oppression not to lift up his heart above his brethren as if they were his vassals and not men not Christians of the same kinde and quality as himselfe is Wherefore I shall close up this with old Bractons resolution Potestas itaque Regis juris est non injuriae Exercere igitur debet Rex potestatem Iuris sicut Dei vicarius Minister in terra quia illa potestas SOLIUS Dei est potestas autem injuriae Diaboli non dei cujus horum operum fecerit Rex ejus Minister erit cujus ope●a fecerit Igitur dum facit justitiam vicarius est Regis aeterni minister autem Diaboli dum

irregularities I make no question that they would have joyntly answered as I doubt not but our Parliaments Kingdomes and all other Nations were they at this day to institute their preerected Principalities and Kings would answer to that they had never any imagination to erect such an absolute eternall unlimited uncontrollable irresistable Monarchy and plaine tyranny over them and that they ever intended to reserve the absolute originall Soveraigne Jurisdiction in themselves as their native hereditary priviledge which they never meant to divest themselves of that so by means thereof if their Princes should degenerate into Tyrants they might have a just authority power and remedy residing in them whereby to preserve themselves the Nation Kingdome from utter desolation ruine and vassalage An impregnable evidence that the whole Kingdom and Parliament representing it are the most Soveraign power and above the King himselfe because having the supream Jurisdiction in them at first they never totally transferred it to our Kings but reserved it in themselves which is likewise further confirmed by that notable passage of Philocheus Archilacus in his Somnium Viridarii c. 171. Royall power is instituted three manner of wayes First by the will and pleasure of the people because every people wanting a King of their own not being subject to the Emperour or some other King MAY BY THE LAW OF NATIONS MAKE THEMSELUES A KING 94. Dist. c. Legitima If a Royall Principality be thus instituted as it is in the proper pleasure and power of the people to ordaine that the King shall be either Successive of Elective so it is in their pleasure to ordaine That Kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation or any other solemnity or that they shall receive this power onely by their Coronation or any other solemnity about him Thereason whereof is Because as every one in the delivery of the gift of his owne goods may impose what covenant or condition he pleaseth and every man is moderator and disposer of his owne estate so in the voluntary institution of a King and Royall Power IT IS LAWFULL FOR THE PEOPLE SUBMITTING THEMSELUES TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE so as it be not unreasonable and unjust and directly against the rights of a Superiour Therefore lawfull to reserve ●he Soveraigne Power in and to themselves and not to transfer it wholly to their Kings 14 There is one cleare Demonstration yet remaining to prove the supreme power of Parliaments above Kings themselves which is this That the Parliament is the highest Court and power to which all Appeal●s are finally to be made from all other Courts and Iudges whatsoever yea from the Kings own personall resolution in or out of any other his Courts and such a transcendent ● ribunall from whence there is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous Judgement be given in the Kings Bench Exchequer-Chamber Chancery Court of Wards or any other Court within the Realm or in the Parliament in Ireland it is finally to be reversed or determined in Parliament by a Writ of Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the D●legates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediable in this high Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any Judgement it is not so obligatory or finall but that the party against whom Judgement is pronounced may appeale to the Parliament for reliefe as Seneca epist. 100. out of Tully de Repub. Fenestella Hugo Grotius de jure Belli l. 1. c. 4. s. 20. p. 65. record that among the Romanes in certain causes they might appeale from the King to the people But if the Parliament give any Judgement There can be no appeale to any higher Tribunall Court or person no not to the King but onely to the next or some other Parliament as is evident by experience by all Attainders of Trea●on by or in Parliament by all inconvenient and unjust Acts passed in Parliament which concerne either King or Subject which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter from the King but onely by an act of repeale or restitution in another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to whom the last appeale is to be made is the Supream●st power as the Kings Bench is above the Common Pleas the Eschequer Chamber above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and final● Judges of it Not to give you any instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our King Iohn condemned to death by a Parliament in France by French Peers for slaying his Nephew Arthur treacherously with his own hands and likewise to lose the crown of England or bow Henry the third K. Edward the first and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip. Nor yet to mention how the Parliaments and generall assembly of the estates of France have

of those who obey or execute them as is clearly resolved not onely by 42. Ass. p. 5. 12. Brooke Commissions 15. 16. Cooke l. 5. f. 50. 51. l. 7. f. 36. 37. l. 8. f. 125. to 129. but likewise expresly adjudged and enacted by the Statutes of 15 E. 3. 81. 1. c. 1. 3. 42. E 3. c. 1. 3. 11 R. 2. c. 1. to 6. 21 Iac. c. 3. the Petition of Right 3 Caroli 28. E. 2. Artic. super Chartas c. 2. 4 E. 3. c. 4. 5 E. 3. c. 2. 25 E. 3. c. 1. 15. 34 E. 3. c. 2. and generally by all Statutes concerning Purveyors by the memorable old Statute of 15 E. 3. Stat. 1 If any Minister of the King or any other person of what condition soever be be do or come against any point of the great Charter or other Statutes or the Laws of the Land he shall answer to the Parliament as well as the SUTE OF THE KING as at the sute of the partie AS FAR FORTH WHERE IT WAS DONE BY COMMISSION OR COMMANDMENT OF THE KING as of his own authority And by that parallel good Law recorded by Fabian made in Parliament in the fi●st yeer of King Henry the fourth That no Lord nor other person of no degree should after that day lay for his excuse as some then did any constraint or coacting of his Prince in executing of any wrong judgement or other criminous or unlawfull deeds saying That for fear they durst not otherwise do for such excuse after this day SHALL STAND HIM IN NO STEAD And in this Parliament Hall was judged to be drawn from the Tower of London unto Tiburne and there to be hanged and quartered which was accordingly executed onely because he was one of those who secretly murthered the Duke of Glocester at Calice illegally attainted of Treason in the Parliament of 21. R. 2. without due processe of the Law by King Richard the second his command for his good service done in Parliament in 10 11. of this King and likewise the Dukes of Aumarl Surrey Exeter with other Noble-men were deprived of their Dukedoms of most of their Lands Castles Honours for having a finger in this Dukes suffocation and death by King Richards instigation and command and had lost their heads too if the common people had been their Judges who murmured against King Henry for sparing their lives as you may read in Walsingham and Speed If these then who murthered but one good Peer of the Realm by the Kings speciall command for his good service done in former Parliaments after an illegall judgement of high Treason given against him were thus hanged quartered degraded as Traytors by a solemn Judgement in Parliament how severe a censure may they expect who without and before any such conviction or sentence have taken up offensive Arms to murther and destroy the Parliament it self and chiefe Members of it as Traitors and caused them or any of them illegally to be proclaimed Traitors the more colourably to wage War against them All which I would advise His Majesties Captains Cavalliers and ill Counsellors to consider The rather because all levying of War either against the King or against the Kingdom and Parliament now made a matter of high Treason on both sides must and ought to be determined and resolved which of them is high Treason and which not and the pa●ties guilty of it must and ought to be tried arraigned judged and condemned for it onely in and by the Parliament and in and by no other Court or Iudges as is punctually resolved by the severall Statutes of 11 R. 2. c. 1. 2. 3. 4. 21 R. 2. c. 2. 3. 4. 12. 20. 8 H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treasons especially being a new case If then the Parliament are and must be the onely judges of this question Which of the two parties now in Arms are Traitors and the onely Court wherein all must be tried on this point they may easily judge who are and must be the Traitors in this case and those who by the Kings meer personall command and presence whom they have treacherously withdrawn from his Parliament fight now both against Parliament and King in his legall and regall capacitie when the time of triall comes will be found reall Traytors both to King and Kingdom what ever their own ignorance temporizing Lawyers or hopes of prevailing may now suggest unto them as the Parliament hath already declared them in sundry Remonstrances In the Parliament of 15 E. 2. the two Spensers were by a speciall Act of Parliament adjudged Traitors banished and their lands and goods confiscated for miscounselling this King and advising him to ride with armed Troops of horses and men into Glocestershire to assault the good people there and to levie war within the Realm to the destruction of the Church and people contrary to the form of the great Charter and breach of the peace of the Realm What severe judgement then may those ill Counsellors and Cavalliers deserve who have actually levied war not onely against the County of Gloc●ster which they have pitifully harrowed and spoiled contrary to all Law sacking Cicester to its utter ruine and leading away the good people thence captives to Oxford in triumph for the most part barefooted through dirt and mire in the cold Winter season chained together in ropes more like to Turkish Gallystaves then English Christian Subjects onely for this new kinde of supposed Treason and Rebellion the defence of their Liberties lives and goods against theeving Cavalliers which they may defend by Law and justifie the killing of all those who shall violently assault them or their houses to rob them of them denying them so much as a draught of cold water to quench their thirst by the way and keeping off all who would give it to them many of them being since dead at Oxford of famine and more then barbarous usage but likewise against most Counties and many Towns of England miserably wasted sacked pillaged and some in cold blood burned by them and the whole Kingdom Parliament yea King himself in his politick Capacitie and raised an Army of Papists against expresse late Acts of Parliament who not onely now set up their long exploded Masse openly in Yorkeshire Reading and other places but which my very soul abhors to think of have lately in a most impious manner Shit upon the English Bible in folio defaced and burnt many Testaments and godly English Books in Iohn Hamonds house a Bookseller in Marleborough when they sacked it in contempt of our Religion setting the chimney on fire with their excessive flames and if reports be credible have since burned divers English Bibles with other good Books in the publike Market place at Reading under the very Gallows in detestation of our Protestant Faith whose utter extirpation is their chief designe Certainly if these ill Councellers or murdering

and Statutes of the Realme be by him defeated and frustrated at his will to the destruction of the King his Soveraignty Crowne and Regality and of all his Realme in defence whereof in all points they would live and dye Hence the Kings of England have alwayes setled entailed and disposed of the succession and Revenues of the Crowne by speciall Acts of Parliament and consent of the whole Realme because the whole kingdome hath an interest therein without whose concurring assent in Parliament they had no power to dispose thereof as the Statutes of 21 R. 2. c. 9. 7 H. 4. c. 2. 25 H. 8. c. 22. 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H. 8. c. 1. 1 Mar. c. 1. and Parl. 2. c. 1 2. 1 Eliz. c. 3. 13 Eliz. c. 1. 1 Iac. c. 1. Hals Chron. f. 10. 15. 1 H. 4. p. 763. 928. to 932. Doniels hist. p. 122. 138 139. abundantly manifest and Cooke l. 8. the Princes case Upon which ground King Edward the sixt his devise of the Crowne of England to the Lady Iane by his last will in writing without an Act of Parliament contrary to the Statute of 35 H. 8. c. 1. was adjudged voyd though subscribed and sworne to by all the Lords of the privy Counsell and all the Iudges but one and Queene Iane with the Duke of Northumberland and others who proclaimed her as Queen of England by vertue of this devise were condemned and executed as Traytors Whereas auy private Subject may devise and settle his estate as he pleaseth without any speciall Act of Parliament to authorize him Hence in the Parliament Roll of 1 H. 6. Num. 18. The last Will and Testament of deceased Henry the fifth and the Legacies therein bequeathed of 40000. Markes in Goods Chattels Jewels Moneyes for Payment of the Kings debts are ratified by the Lords Commons and Protectors concurring assents by an Act of Parliament as being otherwise invalid to binde the King or Kingdome And Num. 40. Queene Katherines Dower of 40000. Scutes per Annum concluded on by Articles upon her Marriage and by a Parliament held the second of May in the 9. yeare of King Henry the fifth well approved authorized and accepted which Articles that King then swore unto and the three Estates of the Realme of England to wit the Prelates Nobles and Commons of England in that Parliament and every one of them for them their Heires and Successors promised well and truely to observe and fulfill for ever as much as to them and every of them appertained Was after her Husbands death upon her petition by a speciall patent made by this Infant King her Son WITH THE ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and COMMONS OF ENGLAND IN THAT PRESENT PARLIAMENT ASSEMBLED assigned setled and confirmed out of the Crowne Lands therein specified else it had not beene binding to the Successor King or Realme the Crowne Lands being the Kings but onely in the Kingdomes right whence all our Queenes Dowers and Joyntures have usually been setled and confirmed in and by Parliaments wheras any other man may endow or make his Wife a good Joynture without the Parliaments assent or privity And in 2 E. 3. the Queene Dowagers great Ioynture which tooke up three parts of the Kings Revenues by common consent in a Parliament held at Nottingham was all taken from her because not duely setled by Parliament and too excessive to the Kings and kingdomes prejudice and she put to a pension of 1000. li. per annum during her life And by the Statute of 1 H. 6. c. 5. it is expressely resolved That King Henry the fifth could not alien or pledge the ancient Jewels or Goods of the Crowne to maintaine his Warres without a speciall Act of Parliament and if he did those to whom he pawned or sold them were still accomptable to the Crowne for them and the alienation voyd whence the carrying of the Jewels Treasure and Plate of the kingdome over Sea into Ireland without assent of the Nobility and Parliament was one of the Articles objected against Richard the second in Parliament when he was deposed the Jewels and Crowne Lands being not the Kings in right of property and interest but the kingdomes onely and so all alienations of them without the Parliaments consent voyd and usually resumed by the Parliament witnesse the notable Act of Resumption in 8 H. 6. and 31 H. 6. c. 7. of all the Kings grants of any Honours Castles Townes Villages Manors Lands Rents Reversions Annuities c. from the first yeare of his Reigne till then with divers other precedents of Resumptions in the Margin in King Stevens Rich. 1 2. Hen. 2 3 5. their Reignes These resolutions of our Common and Statute Law are seconded by many forraigne Civilians as Baldus in Proem de Feud n. 32. 33. Aretine in Rubric Lucas de Penna Cod. de omni agro deserto l. Quicunque f. 184 185. Albericus de Rosate Quodcunque praescrip bene a Zenone n. 4. f. 3. 1. 4. Boetius Epan Haeroic quest qu. 3. n. 43. qu. 5. n. 19. 27. 34. Didacus Cavaruvius Practic qu. c. 4. n. 1. Martinus Laudensis de Confaed Tract 1. qu. 13. Ioan. Andreas in cap. dilect de Maior Obed. Franciscus Vargas de Author Pontif Axiom 1. n. 2. Concilium Toletanum 8. Surius Concil Tom. 2. p. 865 866. with sundry others many of whose words you may reade in Doctor Crakenthorps defence of Constantine p. 169. to 175. who affirme That the Emperour or any other King cannot give away any Townes or Territories belonging to their Empire or Kingdomes contrary to their Oathes and Trusts they being the Kingdomes not theirs in right Whence they conclude Constantines pretended Donation of Rome and Italy to the Pope a meere Nullity And Francis the first King of France An. 1525. professed publikely to all the world That it was not in the power of a French King to bind himselfe to the alienation of any Lands Townes or Territories belonging to the Crowne without the consent of the generall Estates of France of his Soveraigne Courts and Officers in whose hands the Authority of the whole Realme remained And therefore ●e refused to consigne the Dutchy of Burgoyne to the Emperour Charles the fifth who had taken him prisoner in the Battle of Pavia or to release his right to any territories belonging to the Crowne of France though he had sworne to do it to procure his Liberty alledging that he had no power to do it without his kingdomes and Parliaments consents It is true our Law-bookes say That the King cannot be seised of Lands to any private Subjects use by way of feofment because it stands not with his honor to be any private mans feoffee because no Subpena lieth to force him to execute it he is a Corporation yet he may have the possession of lands in others right and for their uses as of Wards Ideots Lunaticks

to recede from his Oath whereupon they reseised these Castles for their safety About Midsommer the Barons drawing neare to London sent a Letter to the Mayor and Aldermen requiring to know of them Whether they would observe and maintaine the Statutes made at Oxford or not or aide and assist su●h persons as intended the breach of the same and sent unto them a Copy of the said Acts with a proviso that if there were any of them that should seeme to be hurtfull to the Realme or Commonweale of the same that they then by discreet persons of the land should be altered and amended Which Copy the Mayor bare unto the King then at the Tower of London with the Queene and other great persons Then the King intending to know the minde of the City asked the Mayor What he thought of those Acts who abashed with that question besought the King That he might commune with his Brethr●n the Aldermen and then he w●uld declare unto him both his and their opinions But the King said He would heare his advice without more Counsell Then the Mayor boldly said That before times he with his Brethren and commonalty of the City by his commandement were sworne to maintaine all Acts made to the honour of God to the faith of the King and profit of the Realme which Oath by his license and most gracious favour they intended to observe and keepe And moreover to avoid all occasions that might grow of grudge and variance betweene his Grace and the Barons in the City they would avoyd all aliens and strangers out of it as they soone after did if his Grace were so contented With which Answer the King seemed to bee pleased so that the Mayor with his favour departed and he and the Citizens sent answer to the Barons that they condescended to those acts binding themselves thereunto under the publike Seale of London their Liberties alwayes upholded and saved Then the Barons entred the City and shortly after the King with his Queene and other of his Counsaile returned to Westminster Anno 1264. the 48. of Henry the third the King made his peace with the Barons then in Armes upon these termes That ALL THE CASTLES OF THE KING throughout England should be delivered TO THE KEEPING OF THE BARONS the Provisions of Oxford be inviolably observed and all Strangers by ● certaine time avoyded the kingdome except such as by a generall consent should be held faithfull and profitable for the same Whereupon the Barons tooke possession of most of the Castles by agreement or violence where they found resistance as they did in many places And by the CONSENT of THE KING and BARONS Sir Hugh le Spenser was made Chiefe Justice and keeper of the Tower This done at London the Barons departed to Windsor to see the guiding of that Castle where they put out those aliens whom Sir Edward the Kings Sonne had before put in and put other Officers in their places spoyling them of such goods as they had Who complaining thereof to the King he put them off for that season After which they re-seised Dover Castle and made Richard de Gray a valiant and faithfull man Constable of it who searching all passengers that came thither very strictly found great store of Treasure which was to be secretly conveyed to the Poictovines which he seised and it was imployed by the Barons appointment upon the profitable uses of the Realme The yeare following the Commons of London chose Thomas Fitz-Thomas for their Mayor and without consent of the Aldermen sware him at the Guild-hall without presenting him the next day to the King or Barons of the Exchequer For which the King was grievously discontented and being advertised that the Citizens tooke part with the Barons caused his Sonne Edward to take the Castle of Winsor by a traine to which the King and Lords of his party repaired And the other Lords and Knights with great Forces drew towards London but by mediation of friends there was a peace concluded and the differences were referred to the French King and his PARLIAMENT as Andrew Favine records out of Rishanger to end Who giving expresse sentence that all the Acts of Oxenford should from thenceforth be utterly forborne and annulled The Barons discontented with this partiall sentence departed into the Marches of Wales where raising Forces they seised on many Townes and Castles of the Kings and Prince Edward going against them was sore distressed and almost taken Hereupon to end these differences a new Parliament was appointed at Oxford which tooke no effect Because when the King had yeelded the Statutes of Oxford should stand the Queene was as utterly against it whose opposition in this point being knowne to the Londoners the baser sort of people were so enraged that she being to shoot the Bridge from the Tower towards Winsor they with darts stones and villanous words forced her to returne After which the Lords sending a Letter to the King to beseech him not to beleeve the ill reports of some evill Counsellors about him touching their loyalty and honest intentions were answered with two Letters of defiance Upon which ensued the bloody battle of Lewis in Sussex in which the King and his Sonne with 25. Barons and Baronets were taken prisoners twenty thousand of the Commons slaine Richard King of Romans the Kings Brother was likewise taken prisoner in this Battle who a little before comming over into England with some Forces to ayde his Brother the Barons hearing thereof caused all the Ships and Gallies of the Cinqueports and other places to meet together armed to resist him by Sea and sent horse and foot to withstand him by Land if he arrived Which Richard having intelligence of disbanded his Forces and sent word to the Barons that he would take an Oath to observe the Articles and Statutes made at Oxenford whereupon he was permitted to land at Dover with a small Traine whither King Henry went to mee● him But the Barons would not suffer this King nor any of his Traine to enter into Dover Castle because he had not taken his Oath to observe the foresaid Statutes nor yet the King of England to goe into it for feare of surprisall because it was the principall Bulwarke of England the Barons then having both it and all the Cinqueports in their Custody to secure the kingdome from danger Neither would they permit King Richard to goe on towards London till he had taken the Oath forementioned After this battle all the prisoners were sent to severall prisons except the two Kings and Prince Edward whom the Barons brought with them to London where a new Grant was made by the King that the said Statutes sho●ld stand in strength and if any were thought unreasonable they to be amended by foure Noblemen of the Realme and if they could not agree then the Earle of Angiou and Duke of Burgoin to be Iudges of the matter And this to be firmely holden

Mother their own Fathers and many of themselves who thus tooke up Armes and made a defensive kinde of warre upon King ●dwar● the 2 d taking him p●isoner but onely to Rebellious insurrections of private persons without any publick authority of Parliament or the whole Kingdome in generall and of meere offensive warres against the King without any just occasion hostilitie or violence on the Kings part necessitating them to take up defensive Armes which I humbly submit to the judgement of those grand Rabbies and Sages of the Law and the Honorable Houses of Parliament who are best able to resolve and are the onely Iudges to determine this point in controversie by the expresse letter and provision of 25. Ed. 3. ch 2. of Treasons In the first yeare of king Richard the 2d. Iohn Mercer a Scot with a Navie of Spanish Scottish French ships much infested the Marchants and Coasts of England ●aking many prises without any care taken by the king Lords or Councell to resist them Whereupon Iohn Philpot a rich Merchant of London diligently considering the defect that I say not treachery of the Duke of I ancaster and other Lords who ought to defend the Realme and gri●ving to see the oppressions of the people did at his proper charge hire a thousand souldiers and set out a fleete to take the said Mercers ships with the goods he had gotten by Pyracie and defend the Realme of England from such incursions who in a short time tooke Mercer prisoner with 15. Spanish ships and all the Booties he had gained from the English whereat all the people rejoyced exceedingly commending and extolling Philpot for the great love he shewed to his Countrey and casting out some reproachfull words against the Nobles and Kings councell who had the rule of the kingdome and neglected its defence Whereupon the Nobility Earles and Barons of the Realme conscious of this their negligence and envying Philpot for this his Noble praise-worthy action began not onely secretly to lay snares for him but openly to reproach him saying That it was not lawfull for him to doe such things without the advise or councell of the King and Kingdome quasi non licuisset benefacere Regi VEL REGNO sine consilio Comitum Baronum writes Walsingham as if it were not lawfull to doe good to the King or Kingdome without the advise of the Earles and Barrons or Lords of the Privie Councell To whom objecting these things and especially to Hugh Earle of Stafford who was the chiefe Prolocutor and spake most against it Iohn Philpot gave this answere Know for certaine that I have destinated my money ships and men to sea to this end not that I might deprive you of the good name and honour of your Militia or warlike actions and engrosse it to my selfe but pittying the misery of my Nation and Country which now by your sloathfulnesse of a most Noble kingdome and Lady of Nations is devolved into so great misery that it lyeth open to the pillage of every one of the vilest Nations seeing there is none of you who will put your hand to its defence I have exposed me and mine therefore for the Salvation of my proper Nation and fr●eing of my Country To which the Earle and others had not a word to reply From this memorable history and discourse which I have translated verbatim ●ut of Walsingham I conceive it most evident that in the default of king and Nobles it is lawfull for the Commons and every particular subject without any Commission from the king or his Councell in times of iminent danger to take up Armes and raise Forces by Sea or Land to defend the king and his Native Country against invading enemies as Philpot did without offence or crime Then much more may the Houses of Parliament the representative body of the whole kingdome and all private Subjects by their Command take up necessary defensive Armes against the kings Popish and Malignant Forces to preserve the king Kingdome Parliament People from spoyle and ruine In the 8. yeare of King Richard the 2d. there arose a great difference betweene the Duke of Lancaster the king his young complices who conspired the Dukes death agreeing sodainely to arrest and arraigne him before Robert Trisilian Chiefe Iustice who boldly promised to passe sentence against him according to the quality of the crimes objected to him Vpon this the Duke having private intelligence of the●r treachery to provide for his owne safety wisely withdrew himselfe and posted to his Castleat Ponfract storing it with Armes and Victualls Hereupon not onely a private but publicke discord was like to ensue but by the great mediation and paines of Ione the kings mother an accord and peace was made betweene them and this defence of the Duke by fortifying his Castle with Armes against the King and his ill instruments for his owne just preservation held no crime If such a defence then were held just and lawfull in one particular Subject and Peere of the land onely much more must it be so in both Houses of Parliament and the Kingdome in case the Kings Forces invade them In the 10 th yeare of King Richard the second this unconstant king being instigated by Michael de la Pole Robert Vcere Duke of Ireland Alexander Nevill Archbishop of Yorke Robert Trysilian and other ill Councellors and Traytors to the kingdome endeavoured to seize upon the Duke of Glocester the Earles of Arundell Warwicke Derby Notingham and others who were faithfull to the kingdome and to put them to death having caused them first to be indighted of High Treason at Nottingham Castle and hired many Souldiers to surprise them Hereupon these Lords for their owne just defence raised Forces and met at Harynggye Parke with a numerous Army whereat the King being much perplexed advised what was best for him to do The Archbishop of Yorke and others of his ill Councell advised him to goe forth and give them battle but his wisest councellors disswaded him affirming that the King should gaine no benefit if hee vanquished them and should sustaine great dishonour and losse if he were conquered by them In the meane time Hugh Linne an old Souldier who had lost his senses and was reputed a foole comming in to the Councell the King demanded of him in jest what hee should doe against the Nobles met together in the saide Parke who answered Let us goe forth and assault them and slay every mothers sonne of them and by the eyes of God this being finished THOV HAST SLAINE ALL THE FAITHFVLL FRIENDS THOV HAST IN THE KINGDOME Which answere though uttered foolishly yet wise men did most of all consider At last is was resolved by the mediators of Peace that the Lords should meete the King at Westminster and there receive an answere to the things for which they tooke Armes thither they came strongly Armed with a great guard for feare of ambuseadoes to intrap them where the Chauncellour

Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an A●my of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpat as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note informer in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of Late yeers th●y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of the Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readily submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declarations Proclamations Inhibitions in His Majestie●s Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis talia fando temp●ret a lachrymis Adde to this That the Lords Iustices and Councell in Ireland the twenty nine of Iune 1643 have without authoriti● of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledg● That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortig●rne Sigebert Osred Ethelred B●ornard Leow●lfe Edwine whom th●y deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King Iohn Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sintit commodum sentir● debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemi●s granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of W●oll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a ●leet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they fear●d not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privat●ly with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was taken prisoner by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Iustices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Woo●●des of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silv●r Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very

CEASE TO DESTROY THEIR PONDS PARKES AND ORCHARDS Whereupon all the Lords Knights and People deserting the King who had scarce seven Knights i● all left with him confederated themselves to the Barons in the Common Cause wherein to be a Neuter was to be an enemy and no member of the politicke body in which all were equally engaged Whereupon the King thus deserted by all condescended speedily to their demands and confirmed the great Charter much against his will A very apt President for these times which would make the people more unanimous faithfull and couragious for the Common Cause if but imitated in the commination onely though never put into actuall execution he being unworthy once to enjoy any priviledge of a free-born Subject in the Kingdom who will not joyn with the Parliament and Kingdom to defend his Libertie and the Kingdoms priviledges in which he hath as great a common share as those who stand pay and fight most for them It is a good Cause of disfranchising any man out of any Citie Corporation or Company and to deprive him of the Priviledges of them if he refuse to contribute towards the common support defence or maintenance of them or joyn in open hostilitie contributions or suites against them There is the same and greater reason of the generall Citie and Corporation of the whole Realm to which we are all most engaged and therefore those who refuse to contribute towards the defence and preservation of it if able or by their persons purses intelligence or counsell give any assistance to the common enemy against it deserve to be disfranchised out of it to have no priviledge or protection by it and to be proceeded against as utter enemies to it Christs rule being here most true He that is not with me is against me and he that gathereth not with me scatter●th abroad The Common-wealth of which we are members hath by way of originall contract for mutuall assistance and defence seconded by the late Protestation and Covenant a greater interest in our Persons and Estates then we our selves or the King and if we refuse to ayd the republike of which we are members in times of common danger with our Persons Abilities Goods or assist the common enemy with either of them we thereby betray our trust and fidelitie violate our Covenants to the Republike and expose our bodies to restraint our estates to confiscation for this most unnaturall treachery and sordid nigguardlinesse as well as for Treason Fellony or other more petty injuries against the State or humane societie made capitall by the Laws most justly for the publike service of the State which hath a generall Soveraign Interest in them in all times of need paramount our private Rights which must alwayes submit to the publike and lose all our formerly enjoyed Priviledges either of Laws Liberties or free-born Subjects if we refuse to defend or endeavour to betray them as the Laws and common practise of all Nations evidence In the Barons warres against King Iohn Henry the third and Edward the second in defence of their Liberties and Laws they seised upon the Castles Forts and Revenues of the Crown and upon the Moneyes and Goods of the Priors aliens and malignant Poictovines which they imployed in the Kingdoms service Eodem tempore Castellanus de Dovera Richardus de Gray vir fidelis strenuus qui ex parte Baronum ibidem constituebatur omnes transeuntes transituros diligenter considerabat cuncta prudenter perscrutando invenit NON MODICUM THESAURUM paratum dictis Pictaviensibus clanculo deferendum qui TOTUS CAPTUS EST IN CASTRO RESERUANDUS Similiter Londini apud novum Templum THE SAURUS MAXIMUS de cujus quantitate audientes mirabantur quem reposuerunt Pictavienses memorati licet contradicentes reniterenter Hospitelarii CAPTUS cst AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS writes Rishanger the continuer of Matthew Paris a good President for the present times After which the Barons banished all the Poictovine Malignants who miscounselled and adhered to the King out of England Anno 1260 who Anno 1261. were all banished out of London and other Cities and Forts An. 1234. The Earl Marshall having routed John of Monmouth his forces which assisted King Henry the third against the Barons in Wales he wasted all the said Johns Villages and Edifices and all things that were his with sword and fire and so of a rich man made him poor and indigent In the very Christmas holy-dayes there was a grievous warre kindled against the King and his evill Counsellors For Richard Suard conjoyning other Exiles to him entred the Lands of Richard Earl of Cornwall the Kings brother lying not farre from Behull and burned them together with the Houses and the Corn● the Oxen in the Ox-stalls the Horses in the stables the Sheep in the Sheep-cots they likewise burned Segrave the native soly of Stephen Iusticiar of England with very sumptuous Houses Oxen and Corne and likewise brought away many horses of great price returning thence with spoils and other things They likewise burned down a certain village of the Bishop of Winchesters not farre from thence and took away the spoils with other things there found But the foresaid Warriers had constituted this laudable generall rule among themselves that they would do no harme to any one nor hurt any one BUT THE WICKED COUNSELLERS OF THE KING by whom they were banished and those things that were theirs they burnt with fire extirpating their Woods Orchards and such like by the very Roots This they did then de facto de Jure I dare not approve it though in Cases of Attaint and Felony the very Common Law to terrifie others gives sentence against perjured Juries Traytors and Felons in some Cases that their houses shall be raced to the ground their Woods Parkes Orchards Ponds cut down and destroyed their Meadowes and Pastures plowed up and defaced though not so great Enemi●s to the State as evill Counsellors Anno 1264. the forty eight yeers of Henry the third his raign The King keeping his Christmas with the Queen Richard King of Romans and many others at London Simon Montford the Captain of the Barons at the same time preyed upon the Goods of these who adheared to the King and especially those of the Queens retinue brought by her into England whom they called Aliens Among others some of the Barons forces took Peter a Burgundian Bishop of Hereford in his Cathedrall Church and led him prisoner to the Castle of Ordeley and divided his treasure between themselves and took divers others of the Kings partie prisoners Who thereupon fearing least he should be besieged in the Tower by the Barons army by the mediation of timorous men be made peace with the Barons for a time promising inviolably to observe the Provisions of Oxford that all the Kings Castles thoroughout England should be

and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne to Edward the Elder into England Whereupon that the Land might not be without a Ruler the Lords of France assembled at Paris and there tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Lao● he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife whom he unlawfully put from him and to renounce Mary whom he had married in her stead And calling a Parliament they concluded that King Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to governe the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe throughout France which before that time was never heard nor spoken of by his absolute Prerogative without consent of his Estates in Parliament which had the sole power of imposing Taxes Which Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe Lewes 11. of France dying without issue male left his Queen great with child whereupon Philip his Brother reigned as Regent of France till the childe was borne which proved a male named Iohn who dying soone after Philip was crowned King at Paris albeit that the Duke of Burgoyn and others withstood his Coronation and would have preferred the Daughter of King Lewes But other of the Lords and Nobles of France would not agree that a woman should inherit so great a Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Feever Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxes Charles the fifth of France having a purpose to drive all the English ●u● of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe he was to use therein Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice and by their wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Whe●eas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Co●ncell then they contemne and set them at naught or elfe fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and sedditious speeches ensue among the people and so at length most dangerous rebellion or else open conspiracy against the Prince as Bodin observes This Charles dying without Issue Male leav●ng his Wife great with Childe Philip Earle of Valoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall resolution of the Lords and Parliament was That for an old Decree and Law by Authority of Parliament long before made which the English much oppugned that no woman should inherite the Crowne of France therefore the Title of Edward by might of the Frenchmen was put by and Philip by an Act of the whole French State by which his right was acknowledged admitted to the Government of the same After which one Simon Poylet was hanged in Chaines Headed and Quartered at Paris for saying in open audience that the right of the Crowne of France belonged more rightfully unto King Edward then to King Philip who had long warres about these their Titles to the Crowne King Iohn of France in the fifth year of his reig●● had by authority of the three estates of his Realme assembled in ●arliament to wit of the spirituall Lords and Nobles and Heads of Cities and good Townes of his Kingdome 3000 men waged for a yeare granted to him to defend him and his Realme aga●n●t Edward the third King of England who the next yeer following took King Iohn prisoner in the field Whereupon Charles Duke of Normandy his eldest sonne and Heire apparent assembled the 3 Estates at Paris in a Parliament there held craving aid of them to redeem their captivated King who promised their uttermost help herein desiring convenient time to consult thereof Which granted the three Estates holding their Councell at the Gray Fryers in Paris appointed fifty person among them to take view and make search of the grieyances and evill guidance of the Realme

contentment of all good Subjects joy and re-establishment of our peace in truth and righteousnesse To end the point proposed Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London But many of the Lords refused to come pretending causes and impediments by which their absence might well be excused and so this Parliament tooke no effect and nothing was done therein In this particular then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parliament Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wils Thus the Barons Prelates and Commons by open warre and Armes enforced both King Iohn and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking a solemne Oath one after another at Saint Edmonds upon the High Altar 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves from their Allegiance to him untill he should confirme to them by a Charter ratified with his Scale all things which they required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleeved he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforced King Iohn thus to ratifie these Charters for the better maintenance of them they elected 25. Barons to be the Conservators of their Priviledges who by the Kings appointment though much against his liking as afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe these Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obey the commands of the 25. Barons After this Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lords came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres and the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea-ports to be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof were these That the King should firmely keepe and conserve the Charter and Liberties of England which King John his Father made granted and ratified with an Oath and which himselfe had so often granted and sworn to maintaine inviolable and caused all the infringers of it to be horribly excommunicated by all the Bishops of England in his owne presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be made their Chiefe Iustice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honour of the King and kingdome To these their necessary Counsels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not desist to prosecute their purpose neither for losse of money or Lands nor love nor hate no nor yet for life or death of them or theirs till they had cleared England to which they and their forefathers were borne from upstarts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely armed that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath and his Sonne Prince Edward also that he would submit to their Counsels and all those their Ordinances for feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Which done all the Peeres and Prelates took their Oath To be faithfull to this their Ordinance and made all who would abide in the Kingdome to swear they would stand to the triall of their Peeres the Arch-Bishops and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger brother comming soone after into England to visit the King and his own Lands the Barons enforced him according to his promise sent them in writing before his arrivall to take this Oath as soone as he landed in the Chapter-house at Canterbury Hear all men that I Richard Earle of Cornewal swear upon the holy Gospels to be faithfull and forward to reforme with you the Kingdome of England hitherto by the Counsell of wicked men so much deformed And I will be an effectuall coadjutor to expell the Rebels and troublers of the Realm from out of the same This Oath will I observe under paine to forfeit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their jurisdictions to preserve themselves and the kingdome from slavery and desolation whom Matthew Paris his continuer for this service stiles Angliae Reipublicae Zelatores the Zelots of the English Republicke Neither is this their example singular but backed with other precedents In the second and third yeares of King Edward the second Piers Gaves●on his great proud insolent covetous unworthy Favorite miscounselling and seducing the young King from whom he had been banished by his Father swaying all things at his pleasure the Peers and Nobles of the Realme seeing themselves contemned and that foraine upstart preferred before them all came to the King and humbly entreated him That he would manage the Affaires of his Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incumbent dangers the King Voce tenus consented to them and at their instance summoned a Parliament at London to which he commanded all that ought to be present to repaire Where upon serious debate they earnestly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and to the Church of England The King imagining that they would order Piers to be banished a long time denied to grant their demand but at last at the importunate instance of them all he gave his assent and swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much