Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	archbishop_n	bishop_n	john_n	13,096	5	6.2353	4	false

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

●ll out for their advantage For the Duke of Ireland with the Kings privity such was his false dissim●●tion had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke ●ew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare A●ong the Dukes carriages was found as the devill or rather God would have it certaine Letters of the ●ings to the said Duke by which their Counsells were plainely discovered The Lords hereupon ●arch with speed up to London having an Army of forty thousand men the Lord Major and City doubt●ll whether to displease the King or Lords upon consultation receive the Lords into the City and sup●y their Army with provisions in the Suburbs Which the King hearing of seemed to slight them say●g * Note the perill and policy of protracting Let them lye here till they have spent all their goods and then they will returne poore and empty to their ●uses and then I shall speake with and judge them one after another The Lords hearing this were exceed●gly moved and sw●re They would never remove the●e till they had spoken with him face to face And ●rthwith sent some to guard the Thames lest the King should slip out of their hands and then sco●●e at ●em The King being then in the Tower and seeing himselfe every way encompassed sent a message ●● the Lords that he would treat with them who thereupon desired him That he would come the ne●●●y to Westminster where they would declare their desire to him The King replyed That he would not treat ●ith them at Westminster but in the Tower To which the Lords answered That it was a suspicious place ●●cause traines might there be laid for them and dangers prepared to destroy them Whereupon the King ●nt word They sh●uld send thither two hundred men or more to search and view all places lest any fraud should ●e hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to ●●m briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability ●d underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them ●gether with the French packe●s they had intercepted whereby it appeared he had secretly practised to flye with ●e Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the ●rowne of England held in those parts whereby his honour might diminish his strength decay and his fame ●erish The King seeing this knew no● what to doe especially because he knew himselfe notably ●e●ressed At last craving leave they left him confounded and shedding teares yet upon condition that ●e should come to Westminster the next day where he should heare more and trea●● of the necessary affaires of the Kingdome Which he promised to doe retaining the Earle of Darby to sup with him 〈…〉 before he went to bed O the ficklenesse of weake Princes and faithlessenesse of their royall words a 〈…〉 Protestations some whisperers telling him that it was not decent safe nor honorable for the King 〈…〉 goe thither he changed his resolution The Nobles hearing this were very sad and discontented a 〈…〉 thereupon sent him word That if he came not quickely according to appointment they would chuse them anoth 〈…〉 King who both would and should obey the Counsell of his Peeres The King strucke with this dart came t 〈…〉 next day to Westminster there attending his Nobles pleasures To whom after few discourses the Nobles said That for his honour and the benefit of his kingdome all T 〈…〉 tors whisperers flat terers evill instruments slanderours and unprositable persons should bee banished out of b 〈…〉 Court and company and others substs●uted in their places who both knew how and would serve him more honora 〈…〉 and faithfully Which when the King had granted though with sorrow they thought fit that Al 〈…〉 an●er Nevill Archbishop of Yorke John Fordham Bishop of Durham with sundry other Lords Knights a 〈…〉 Clergy men should be removed and kept in strait prison to answer such accusations as should bee object 〈…〉 against them the next Parlia Whereupon they were apprehended forthwith and removed from the Co 〈…〉 After the feast of Purification the Parliament much against the Kings will who would have shifted it 〈…〉 at that time began at London The first day of the Session Fulthorpe and all the rest of the Judges w 〈…〉 arrested as they sate in judgement on the Bench and most of them sent to the Tower for that having fi 〈…〉 overruled the Lords with their Counsels and direction which they assured them to be according to Law 〈…〉 afterward at Nottingham gave contrary judgement to what themselves had determined formerly Tresilian t 〈…〉 chiefe Justice prevented them by flight but being apprehended and brought backe to the Parliament 〈…〉 the forenoone had sentence to be drawne to Tiburne in the afternoone and there to have his Thro 〈…〉 cut which was done accordingly The King seeing these proceedings by advise of his ill Counsellors * Grafton p. 348 349. 150 151. absented himselfe from his Parliament and sent Michael de la Pole then Lord Chancellor to demand foure fifteenes in his name ●f the Commo 〈…〉 for that without lesse he could not maintaine his estate and outward warre To which the body of the Parliame 〈…〉 made answer that without the King were present they would make therein no answer and that unlesse the Ki 〈…〉 would remove him from his Chaneellorship they would no further meddle with any Act this Parliament Th 〈…〉 King upon this sent to the Commons that they should send to Eltham where he then lay 40. of the wis 〈…〉 and best learned of the Commons who in the name of the whole house should declare unto him their minde Up 〈…〉 which message the House were in more feare then before for there went a talke that the King intended 〈…〉 betray divers of them which followed not his minde either that way or at a banquet appointed to be made purpos●ly a● London if Nicholas Exton the Maior of London would have consented thereunto at which time t 〈…〉 Duke of Glocester should have beene taken Wherefore the Lords and Commons assembled together agree 〈…〉 with one assent that the Duke of Glocester and Bishop of Ely should in the name of the whole Parliament be se 〈…〉 to the King to Eltham which was done and the King well pleased that they should come When they cam 〈…〉 into his presence they most humbly saluted him and said Most high and redoubted Soveraigne Lord the Lor 〈…〉 and Commons of this your Parliament assembled with most humble subjection unto your most royall Majesty desi 〈…〉 your most gratious favour so that they may live in tranquillitie and peace under you to the pleasure of God a 〈…〉 wealth of the Realme On whose behalfe

and strength of the kingdome in their hands which they insolently abused to the great hazard ●f the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we 〈…〉 King speake these things faithfully unto you in the presence of God and man and doe counsell beseech and adm●nish ●ou to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faith●ull and sworne children thereof To which the King in briefe answered That he could not suddainely put off h●● Councell and therefore prayed a short respite Nothing ●ad hither to preserved the King more Then that he could ●ithout griefe forgo● any favorities if he were nearely pressed the contrary quality whereof hath beene the cause of ●i●all desolation to so many Princes For though choyce of Counsellours ought to be free yet by common in●endment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love ●f a whole Nation rather then to relinquish or diminish a particular dependance for which the publique must not be ●azarded nor subverted The King therefore in this point not infortunate commands Bishop Peter from his Court to keepe residence at his Cure without once medling in State affaires removes all his evill Counsellors derives them of their Offices and puts good men in their places and commands all Poictovians and Foraine forces to de●art the Realme receives all his Nobles into favour restoring them to their lost Offices Lands Castles admits them 〈…〉 to his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And ●r Peter Rivales his Treasurer he was so vehemently inc●nsed against him for his ill Counsell that he sware 〈…〉 would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster 〈…〉 e King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye ●ake thus to him O ihou Traytor by thy wicked advise I was drawne to set my Seale to those treacherous Letters ●r the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Coun 〈…〉 ll I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy com 〈…〉 lices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which ●n●rprise I wasted my Treas●re and lost many worthy persons together with much of my Royall respect Therefore I 〈…〉 act of thee an account and thou shall be carryed to the Tower of London to deliberate till I am satisfied And 〈…〉 us were these civill warres and differences reconciled ill Counsellors removed enormities reformed De 〈…〉 nquents punished not without reducing store of coyne to the King and peace established in the King●ome Which History I have more largely recited because most of its passages are Paralell to the Kings 〈…〉 d his evill Counsellors present proccedings on the one hand and to the Parliaments in some sort on the o 〈…〉 er hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour of 〈…〉 ill Councellours and Cavalieres the just punishment of Delinquents all good Subjects joy and content●ent and the reestablishment of our peace in truth and righteousnesse To end the point proposed * Walsingh Hist● p. 84. 44. Ypod. Neust p. 101 Anno Dom. 1315. King Edward the second by his Writ summoned a Par 〈…〉 ment at London But many of the Lords refused to come pretending causes and impediments by which their ab 〈…〉 nce might well be excused and so this Parliament tooke no effect and nothing was done therein In this Parti 〈…〉 lar then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parlia●ent Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wills Thus the Barons Prelates a●d Commons by open warre and Armes enforced both a Mat. Pa. An. 1214 1215. p. 240 to 256. Mat. West Walsingham Ypodig Neu. An. 1214 1215 Fabi. Caxton Hol. Graf Daniel in the life of K. John Hen. 3. Sp. Hist p. 578. to 637. King John and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking ● solemne Oath one after another at Saint Edmonds upon the High Altar An. 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves fro● their Allegiance to him untill he should confirme to them by a Charter ratified with his Seale all things which th●● required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleev●● he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforce● King b Matth. Par. p. 252. Sp. Holinsh accordingly John thus to ratifie these Charters for the better maintenance of them they elected 25. Barons ●● be the Conservators of their Priviledges who by the Kings appointment though much against his liking ● afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe thes● Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obe● the commands of the 25. Barons After this c Matth. Paris An. 1258. p. 9. 940 941. Matth. West 1258. Sp. p. 635. Hol. Graft Dani. Polychron An. Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lord came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres a●● the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea Ports ●● be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof we●● these That the King should firmely keepe and conserve the Charter and Liberties of England which King John ● Father made granted and ratified with an Oath and which himselfe had so often granted and sworne to maintai● inviolable and caused all the infringers ofit to be horribly excommunicated by all the Bishops of England in h● owne

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

we also shew unto you that one old statute and laudable custome is approve 〈…〉 which no man can deny That the King our Soveraigne Lord may once in the yeare lawfully summon his high Cou 〈…〉 of Parliament and call the Lords and Commons thereunto as to that which is the highest Court of this Real 〈…〉 In which Court all equity and justice must shine even as the Sunne when it is at the highest whereof poore and ri 〈…〉 may take refreshing where also must be reformed all the oppressious wrongs exactions and enormities within t 〈…〉 Realme and there to consult with the wise men for the maintenance of the Kings estate And if 〈…〉 might bee knowne that any persons within the Realme or without intended the contrary there also m 〈…〉 bee devised how such evill weeds might be destroyed There also must be studied and foreseene that if a 〈…〉 charge doe come upon the King and his Realme how it may be well and honorably supported and sustained Hither 〈…〉 to it is thought by the whole Realme that your Subjects have lovingly demeaned themselves to you in ayding 〈…〉 with substance to the best of their powers and they desire to have knowledge how and by whom these goods be spe 〈…〉 One thing resteth yet to declare in their behalfe unto you * Not● The King should be present in Parliament once in 40. dayes how that by an old Ordinance they have an Act if t 〈…〉 King absent himselfe 40. dayes not being sicke but of his owne minde not heeding the charges of his people 〈…〉 their great paines will not resort to his Parliament they then may lawfully returne home to their houses And 〈…〉 sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discom 〈…〉 for t And our Parliaments present case To this the King answered by these words Well we doe con 〈…〉 der that the people and Commons goe to rise against us wherefore we thinke we can doe no better then to aske a 〈…〉 of our Cosin the French King and rather submit us to him then to our owne Subjects The Lords answered S 〈…〉 that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King 〈…〉 your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispo 〈…〉 you invade you and depose you from your estate royall then put any hand to helpe you c. And as th 〈…〉 King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconven 〈…〉 〈…〉 es be comne by the evill Counsell which are about you And if you put not your helping hand to the redresse ●he premises this Realme of England shall be brought to nought and utter ruine which clearely should be laid 〈…〉 our default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the 〈…〉 rld was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to 〈…〉 uester all such persons as might be the occasion of ruine either of you or else of your Realme By these good 〈…〉 swasions the King was appeased and promised within three dayes after to come to the Parliament and to 〈…〉 descend to their Petitions And according to his appointment he came Where soone after John Fordham 〈…〉 hop os Durham was discharged of the Treasurourship and the Bishop of Hereford ser in his place de la 〈…〉 le was put from his Chancellourship for divers crimes frauds briberies and treasons by him com 〈…〉 tted to the prejudice of the King and his Realme committed to the Tower and fined 20. thousand 〈…〉 rkes to the King in releeving of the Commons Divers other Judges Knights and Delinquents of all 〈…〉 t s were condemned and executed others banished and their states confiscated others put out of office 〈…〉 this Parliament as you may reade in our Histories and in the k 10. R. c l 11. R. 2. c. l 29 3 4 5 6. 2 R. 2. c. 2. 3. 12. Statutes at large in which Statutes the 〈…〉 schievous effects of these evill Counsellors to King Kingdome and people are at full related whereby 〈…〉 e King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords ●ay●g of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of 〈…〉 y pardon l See the Records of this Parliament published by order of both Houses Aug. 27. 1642. and their raysing of Armes against the Parliament and kingdome though with the Kings 〈…〉 ne consent and his command declared and enacted to bee high Treason These proceedings ratified 〈…〉 d assented to in Parliament by the King much against his will wrought an intolerable secret 〈…〉 tred and desire of revenge in his heart against the Lords which for want of power he concealed neare 〈…〉 yeares space but in the 20. yeare of his raigne being somewhat elevated in his spirit with a rumour 〈…〉 at he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke 〈…〉 d Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the 〈…〉 ples eyes lest they should riseup in Armes to rescue these Lords the King sent out a feigned Proclamation which he caused to be proclaymed throughout the Realme that these Lords were apprehended onely for 〈…〉 w Treasons committed against him for which he would he prosecute them in the next Parliament and not for the 〈…〉 trepasses After which he proclaimes those Lords Traytors Which done he summoned a m Grafion p. 329. c. Mr. saint-Saint-Johns Speech 1640. p. 33. 1. H 4. No. 21. 21. 48. Parliament at Westminster to this Parliament the King commanded to 〈…〉 me all such as he had best confidence in omitting the rest and the Knights were not elected by the Commons 〈…〉 custome required they should be but by the Kings pleasure yea he put out divers persons elected and put in other 〈…〉 their places to serve his turne which was one Article objected against him when he was deposed Against 〈…〉 e time of this Parliament the King received a guard of 4000. Archers all Cheshire men as if he would 〈…〉 ve gone in battle against enemies so that divers came armed to the Parliament out of feare These 〈…〉 eshiere men were rude and beastly people and so proud of the Kings favour n As the Cavaliers do now that they accounted the 〈…〉 ng to be their fellow and set the Lords at nought though few of them were gentlemen but taken from the 〈…〉 ough and other trades After these ●usticall people had a while courted they grew so bold that they 〈…〉 uld not let neither within the Court nor without to beat and slay the Kings

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

42. 76. 33. H. 6. 17. adjudged accordingly Br. Prerogative ●34 cannot with his Lords devise make or establish any Law The reasons are these whe● Parliaments were first begun and ordained there were no Prelates or Barons of the Parliament an● the temporall Lords were very few or none and then the king and his Commons did make a fu●● Parliament which authority was never hitherto abridged Againe every Baron in Parliament do● represent but his owne person and speaketh in the behalfe of himselfe alone But in the Knights Citizens and Burgesses are represented the Commons of the whole Realme and every of these g●veth not consent onely for himselfe but for all those also for whom he is sent And the king wit● the consent of his Commons had ever a sufficient and full authority to make ordaine and establis● good and wholesome Lawes for the Common-wealth of his Realme Wherefore the Lords bein● lawfully sommoned and yet refusing to come sit or consent in Parliament cannot by their folly ● bridge the king and the Commons of their lawfull proceedings in Parliament Thus and mo●● Iohn Vowell in his Order and usage how to keepe a Parliament Printed Cum Privilegīo But we need● not retire to this last refuge the Honorable faithfull Lords now present though not so many ● could be desired are the intire House of Peeres in judgement of Law as those present at the Election of Knights of the shire or Burgesses though the major part be negligently or wilfully absent are the whole shire or Burrough and the wilfull absence of the residue though the greater number being e See Stamford ● 38. 155. 3. E. 3. 19. Coro 161. contrary to Law contrary to the Priviledges of Parliament and their late Protestation● tending to the very subvertion of Parliaments for which they and their posterities too may justly b● disabled for ever to sit as members of that House which they have so dishonourably if not treache● rou●ly deserted even as f Dyer f. 60. n. well as Knights and Bargesses whose personall attendance is so necessary th● if during the Parliament they absent themselves from it about any businesses of their owne without leave ● the House they may be presently expelled and others chosen in their place to make the House compleat ca● no more disable those now present from being a true and lawfull House of Peeres then the multitudes departing from the true Church of God to the false disproves it to be the true Church of Christ g Luke 12. 32 Mat. 13. 23. Mat. 7. 13. 14 whose true flock is but little In a word h See Bishop Iewell Defence of the Apologie part 6 c. 7. Di●is 1. Bishop Bilsons●● true difference of Christian Subjection unchristiā Reb part 3. p. 540. 541. 542. Bishop Pilkington of the burning of Pauls steeple Keilway f. 184. b. Cromptons Iurisdiction of Courts f. 19. 20. 10. E. 4. f. 6. Stamfords Plees l. 3. 6. 1. f. 153. Br. Corone 135. Antiq. Ecclesiae Brit. p. 299. 300. Speed p. 1156. Martyns Hist p. 450. to 454. Iohn Vowel● Chronicle of Ireland p. 127. 128. divers Parliaments have beene kept and held and * 25. E. 3. stat 6. de Provisionibus 31. E. 3. c. 4. 36. E. 3. c. 8. 3. R. 2. c. 12. 1● R. ● Preface c. 3. 12. 1. E. 3. c. 2. 14 E. 3. stat 3. Preface See 20. H. 3. c. 9. 21. H. 3. stat of Leape-yeare 4. H. 3. stat of Marlbridge 4. E. 1. de Big Prolog c. 6. 6. E. 1. stat de Gloster Preface 13. E. 1. Acton Burnel 13. E. ● c. 43. ●●●●alefact in part 21. E. 1. Eschetors 3. E. 1. Quo warranto 9. E. 2. Artic. Cleri Pref. Act● made without Bishops or Abbots heretofore even while they were reputed members of the Lords House an● one of the 3. Estates in Parliament therefore this Parliament which hath taken away Bishops Vote for ever ● may be lawfully held notwithstanding any Lords or Commons wilfuls absence from it i● person who yet as long as they are members of the Parliament shall still be adjudged legally present wherher they will or no. One puny Iudge in the Courts of Westminster may and doth usually give judgement and make binding Orders though the Chiefe Justice and his fellowes be absent Sixthly It is most apparent both by i Sam. 19. 20. 2 Sam. 5. ● 12. 2 Chron. 9. 8. Isay 49. 23. Rom. 13 4. 5. 1 Pet. 2. 13. 14. Scripture the verdict of all k Atist Polit. l. 3. 5. Plato Age●ilans Xenophon de In●●it Cyri. Hist Caelius Rhodig Antiq. Lect. ●8 c. 1. Bodin de Republica Osorius de Rege Regum In●●it Polititians and writers ● note the l The preambles of all ancient statutes Bracton l. 1. c. 8 l. 3. c. 9. Fleta l. 1. c. 5. 17. Fortescue c. 9. to 15. Statutes of our Realme and Lawyers that Kingdomes Subjects and Parliaments were not created by God for the wills pleasures profit or benefit of Kings who by birth and nature differ not at all from the meanest of their Subjects but Kings were at first constituted and stil continued for the protection welfare benefit service of their Kingdomes Parliaments People whose publike Servants Ministers Sheapheards Fathers Stewards and Officers they are Now nature reason and n Gen. 1. 26. to 31. c. 9. 2. 3. 4. Psal 8. 6. 7. 8. Scriptures resolve that he wh● is instituted meerely for the benefit and service of another as all the n Creatures were created for man● use and therefore are inferiour unto man in dignity and power is of lesse dignity power and jurisdiction then the intire body of those for whose good he was instituted as the o Ephes 6. 5. Col. 3. 22. 23. 24. servant is inferiour to his Master the p Gen. 8. 18. c. 3. 16. 1 Cor. 11. 3. 8. 9. Ephes 5. 23. 24 1 Pet. 3. 1. 1. 3. 18. wife to her husband for whom they were created the Major to the whole Corporation and the King to his whole Kingdome and Parliament which consideration hath caused sundry Kings and Emperors not onely to adventure their lives in bloody battles but to lay downe their Crownes for the peace and safety of their Subjects witnesse q See Eutropius Grimston and others in his life Otho the first and others with the Examples of Moses m 1 Cor. 3. 21. 22. 23 Exod. 32. 9. to 15. 32. Numb 14. 11. to 15. of David ● Sa● ●9 ●7 1 Chron. 21. 17. and Iohn 10 ●1 15. with other presidents which I pretermit The King then being made King onely for the Kingdomes Parliaments Peoples service must needs ●n this regard be inferiour to not Paramont them in absolute Soveraigne power though greater * 2 Sam. 18. ● better then any particular Subjects Seventhly the Parliament as our q Law bookes and r Cromptons Iurisdiction of Courts f. 1. c. Bracton l.

had sworne After ●hich he rightly setled the affaires of England by the counsell of his Nobles and then passed over in●o Normandy But how ill he kept this his Oath and others of this Nature and how he violated the ●tatutes of Magna Charta and D● Forresta which he had confirmed with his hand seale oath Pro●amations the B●shops Excommunications and the Popes Bull within three moneth● after he had on firmed them and procured a dispensation of his oath and abrogation of these Lawes making ●loody warres upon his Barrons and Subjects who confiding to those confirmations and royall pro●ises expected no such strange performances spoyling robbing and destroying his people every ●here in the selfe-same manner as we now are plundered * See before p. 5. 8. Graf p. 11. Mat. Paris p● 243. to 247. worthy reading and consideration the Histories of his life too manifestly ●● late which oft put his Crowne in danger of utter los●e Lewis of France being crowned king by the ●●rons in his steed who renounced their allegiance to him for his perjuries and breach of faith and ●aking warre upon them John departing this life his sonne Henry being but 9. yeares old was pro●aimed king through the pe●swasion of the Earle Marshall and of Pembroke afterwards made his ●rotector who informed the Lords and Commons h Fox Acts Mon. Ed. t●lt v. 1. p. 334 Speed p. 591. that though King Iohn for his evill demeanors ●eserved their persecution and l●sse of his crowne yet his young child tender in yeares was pure and inno●nt from his fathers doings Wherefore ●ith every man is to be charged with the burthen of his owne trans●ressions neither shall the child as scriptures teach beare the iniquity of his Fathers they o●ght of duty ●nd conscience to beare themselves ●ildly towards this tender Prince and take comp●ssion of his age And ●r as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt ●llistance APPOINT HIM our King and Governour let us renounce from us Lewis the French kings ●onne and suppresse his people which are a confusion and shame to our Nation and the yoakes of their Ser●itude let ●s cast from our shoulders Vpon which perswasions Henry was presently proclaimed and crowned king at Glocesler And though he were but an infant yet being i Mat. Paris p. 278. 305. set before the High Altar he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques Ioceline Bishop of Bath dictating the Oath That he would beare honour peace and reverence to God to ●● Church and Priests all the dayes of his life He likewise swore that he would maintaine right Iustice among the people committed to his Charge And that he would blot out ill Lawes and unjust customes if that should be any in the kingdome and observe good ones and cause them to be kept by all men How well ● observed this solemne oath with many others of like nature made to his Lords and Subjects f● confirmation of Magna Charta and their Liberties k In his Edition Tiguri 1589. p. 876. 938. 958. 959 960. Mathew Paris will informe us who writ● that the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prela●● and Lords knew not how to hold this Proteus the King for where there is no truth there can be no ●ix● confidence That thought he sometimes humbled himselfe confessing that he had beene often bewitched ● ill Counsell and promised with a great Oath solemnely taken upon the Altar and coffin of Saint Edwar● that he would plainely and fully correct his former Errors and graciously condescend to his naturall Subject good counsell yet his frequent preceding breaches of oathes and promises sepenitus incredibilem reddider●● made him altogether incredible so that though he usually heard three Mosses every day but seldome a● Sermons as l Hist Angl. P. 1. Walsingham notes yet none would afterwards beleeve him but ever feare and susp●● his words and actions and to avoyd the infamie of perjurie which he feared he sent to the ●ope● absolve him from those Oathes he repented of who easily granted him an absolution Such faith and assurance is there in the Oathes and Protestations of Princes to their Subjects whose Politicke capacities oft times have neither soule nor conscience This perfidiousnesse in the king made his long raig● full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne a● kingdome as our Historians informe us for which he repented and promised amendment at h● death m Lib. 3. c. 9. f. 107. Bracton an ancient Lawyer in this kings dayes writes That the king in his Coronation OVGHT by an Oath taken in the name of Iesus Christ to promise these three things to the people subject to hi● First that he will command and endeavour to his power that true peace shall be kept to the Church and ● Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities ● all degrees Thirdly That in all Iudgements he will command equitie and mercy that so God who is gracious and mercifull may bestow his mercy on him and that by his justice all men may injoy firme peace F● saith he a King is SACRED and ELECTED to wit by his kingdome for this end to doe justis unto all for if there were no justice peace would be easily exterminated and it would be in vaine to make Lawes and doe justice unlesse there were one to defend the Lawes c. And before the Conquest I re● in n Fox Acts and Monuments Edition 1641. vol. 1. p. 214. and Lambards Archaion Leges Edwardi c. 17. Bilson par 3 p. 494. King Edward the Confessors Lawes not onely the Office but Oath of the King whom he an● Bracton oft stiles Gods and Christ Vicar upon earth thus excellently described A King ought abo● all things to feare God to love and observe his Commandments and cause them to be observed through h● whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved s●● as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe justice an● judgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King ● his owne person to doe taking his oath upon the Evangelists and the blessed Reliques of Saints swearing ● the presence of the whole state of his Realme as well of the temporalty as of the spiritualty before he ●● crowned of the Archbishops and Bishops Three servants the King ought to have under him as Vassals fleshly lust avarice and greedy desire whom if he keepe under as his servants and slaves he shall reigne well an● honorably in his Kingdome He must doe all things with good advisement and praemeditation and th● properly

a Seneca de Cleme●●●a l. 1. as may winne their hearts and affections and not to straine their pretended Prerogatives beyond the bounds of Law this being a most certaine experimented rule which b Polit. l. 5. c. 10 11. p 367 368 See Polybius Hist l. 6. 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 c Deut. 17. 19 20. See Prov. 16. 12. c. 20. 28 c. 29. 4. 14. c. 25. 5. more moderate the King shall be and contented with smaller and fewer prerogatives by so much the more constant and longer-lasting shall his kingdome necessarily 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 their 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 ●s to governe himselfe and his Subjects onely by Law not power to doe justice and judgement avoid oppression and not to liftup his heart above his brethren as if they were his vassals and no● men or Christians of the same kinde and quality as himselfe is Wherefore I shall close up this with old Bractons resolution d Lib. 3. c. 9. f. 107. Fleta lib. 1. c. 17. Potestas itaque Regis juris est non injuriae Exercere igitur debet Rex potestatem Juris ●icut 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 opera fecerit Igitur dum facit justitiam vicarius est Regis aeterni minister autem Diaboli dum declinat ad injuriam * See Leges Edwardi Confessoris cap. 17. in Lambards Archaion f. 130. accordingly Dicitur enim Rex a bene regendo non a regnando quia Rex est dum bene regit Tyrannus dum populum sibi creditum violenta opprimit dominatione Temperet igitur potentiam suam per legem quae fraenum est potentiae quod secundum leges viva● quia hoc sanxit Lex humana quod leges suum ligent latore● alibi in eadem digna ●ox Majestate regnan●●s est legibus alligatum se Principem profiteri Item nihil t●m proprium est imperii quam legibus vivere Et majus imperio est legibus submittere Principatum merito debet retribuere legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Item cum non semper oporteat Regem esse arma●um armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. to 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need ●eare this Supreame Prerogative Power of Parliaments which hath ●aine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists e See p 2 3. the Authours there quoted Bishop Jewels View of a seditious Bull and of the Popes Supremacy Cassanaeus Catagloria mundi part 4. attribute farre more divine authority and Soveraigne Jurisdiction over Emperours Kings Princes Kingdomes Subjects to the Pope their Lord and God whom they make the Supreame Monarch of the World and all kingdomes in it and give him greater Authority to summon ratify and dissolve generall Councels then ever any Christian King or Emperour challenged or usurped yet those who maintaine these Paradoxes of the Popes Supremacy confesse f See John Whites Way sect 36. n. 30. 34 35. p. 102. 104 105. Surius Tom. 3. 4. that a generall Councell is above the Pope and may upon just cause not onely convent and censure him for his misdemeanours but likewise actually depose him and set up another in his stead as the Councels of Pisa Constans Basil which deposed foure Popes namely Gregory the 12. Benedict the 13. John the 23. and Eugenius the fourth the Councell of Chalcedon against Pope Leo the Councell of Sinuessa against Pope Marcellinus the sixth seventh and eighth generall Councels against Honorius the Councels of q Wormes and Brixia against Hildebrand the Councell of Pisa summond 1511. of purpose to depose Pope Julius for his perjury h See John Whites Way sect 36. n. 30 p. 102 and n. 34 35. p. 104 105. sundry Popish Writers acknowledge Now the Councell of Basil as I shewed * See p. 4. before defined That the whole Kingdome and Parliament hath as great a power over their Kings as a Councell hath over the Pope therefore by Papists verdicts it is above the King in point of Soveraigne power as a Councell is above the Pope which John Mariana De Rege Regis Instit lib. 1. c 3. to 10. professedly proves at large 12. That Court which may lawfully coniure question depose banish execute the Kings greatest Favorites Officers Judges yea Lord Protectors themselves the highest Peeres of the Realme notwithstanding such are said to be i Psal 82. 1 2. Exod. 22. 2● John 10. 34. Gods k Rom. 13. 1 2 3 4. Ordained of God Gods Ministers To l Prov. 8. 15. decree Judgement g Fox Acts Monuments vol. 1. p 231. 235. 879 to 890. 962. by God to be the higher powers c. in Scripture as well as Kings and that not onely with but against the Kings Good will must questionlesse be the highest power and Jurisdiction in the Realme else the King and their Authority might protect them against its Justice But the Parliament may lawfully censure question depose banish execute all or any of these not onely without but against the Kings consent witnesse the proceedings in Parliament against m Hoveden p. 702 703. 705 706. with Speed Holinshed Grafton Stow Matthew Paris Polychronicon Fabian William Longchamp Bishop of Ely Chiefe Justicia● Lord Chancellor and Vice-roy of England in Richard the first his Reigne during his absence in the Holy Land from which Offices he was by the Peeres and Commons deposed for his misd●meanours and oppressions n Walsingh Speed Holinsh Fabian in Edw. 2. Froyssards Chron. part 1. c. 12 13. Piers Gaveston and the two Hugh Spensers in Edward the seconds Reig●e oft banished

Kings eldest sonne was created Duke of Cornwall by Parliament which then also entailed the Dutchy of Cornwall upon the eldest sonnes of the Kings of England See 21 R. 2. c. 9. * 7. H. 4. c. 2. Hals Chronicle 1. H. 4. f. 10. 15. Fabian par● 7. p. 376. Speed p. 763. King Henry the fourth the ●et●er to assure the inheritance of the Crownes and Realmes of England and France to him and his posterity caused them by a speciall Act of Parliament in the first yeare o● his raigne to be entailed and setled on himselfe and the heires of his body begotten and Prince Henry hi● eldest sonne to be established pronounced ordained and decreed heire apparant to him and to succeed hi● in the said Crownes and Realmes to have them with their appurtenances after the Kings death to him an● the heires of his body begotten And if he should die without heire of his body begotten then to remaine to th● Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lor● Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for t●● avoyding for all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and ●e plenteously served of all things necess●ry both for viande and apparell and if any persons should presume to reare warre or congregate a multitude ●o deliver him out of prison that then he should be the first that should die ●or that sedi●ious comm●tion Which King Richard as * Fabian part 7. p. 373. Sir John B●got by his Bill exhibited to this Parliament averred h●● divers times at sundry Parliaments in his time holden said that he would have his intent and pleasur● concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde b● would by one meanes or other bring him out of his life And further said to him at Lichfield in the one ●● twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons ha●● him in ●s great awe and dread as ever they had of any his Progenitors so that it might be chronicled of him that none passed him of honour and dignity with condition that he were deposed and put ●●rom his said dignity the next morrow after So wilfull was he as to preferre his will before his Crowne or safety n Hall An. 38. 39. H. 6. f. 176. to 183. Fabian An●o 1441. p. 470. Grafton p. 643. to 648. Holins Stow Howes An. 1440 144● In the yeares 1440. and 1441. Edward Duke of Yorke came into the Parliament House an● there in a large Oration laid claime and set forth his Title to the Crowne of England which King He●ry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene the● both ●ides submitting to their resolution as the proper Judges of this weighty royall controversie After lon● debate and consideration of the case among the Peers Prelates and Commons of the Realme it w●● finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yea●● and more that he sh●uld enjoy the name and title of King and ●ave p●ssessi●n of the Realme during his n●turall life And if he either died or resigned or FOR FAITED THE SAME for breaking ●● part of this concord then t●e said Crowne and authority royall should immediately descend to the Duke ●● Yorke King Edward the 4. his Father if he then live● ●r else to the next heire of his line And that the s● Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the Ki●● did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the de●● of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke T● TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed ● swore to and then caused them to be enacted Loe here we have these two Kings submiting their Titles ● the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraig● Judge betwene them who settled the Crowne in this order under paine of ●orfeiting it by Ki●● Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in ●● full age as o Historia Angliae p. 458. Parliamentum fuit c●nv●catum in qu● Parliamento ex assensu omnium Statuum idem Dux Defensor seu Protector Angliae fuera● nomina●us ordina●us omniaque Regni off●cia beneficia ejus dispositioni sunt commissa Walsing●am informes us a Parliament c●nstituted Duke Humsry to be protector of hi● and h●s Kingdome of England and the Duke of Bedford to ●e Regent of France during his minority wh● exercised all regall power by vertue of that authority which the Parliament derived to them A●● this in these two Kings reignes p See Grafton p. 691. 692. Speed p. 869. 878. 859. 886. 1. E. 4. c. 1. 17. E. 4. c. 7. the Crown and its descent were variously setled by Parliament as I ha●● formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it ●● akered or reversed by another Parliament King q Speeds Hist p. 928. 931 Richard the third comming to the Crown by usurp●tion to strengthen his Title procured the Lords and Commons to passe an Act of Parliament where in th● declare him to be their lawfull King both by election and fuccession entaile the Crowne upon him and the hei●● ●f his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in ●he royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teach●th that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled ●n Parliament and by the Authority of the ●ame makes before all other things most faith and certainty and ●uieting of mens mindes removeth the occasion of all doubts and seditious language r Halls Chro. 1 H. 7. f. 855. Henry the seventh af●erwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to set●le the inheritance of ●he Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace ●f God so to endure and on none

his finger he said * Neta Thou ●● in no wise be ruled by these men for these be those which brought me into this lamentable plight and the mi● thou seest me in A memorable strange speech of a distracted Prince And thus the Emperour 5 Grimstons Imperiall History p. 581 582. Sententia Ex●●ctorationis Depositionis Wencestai An. 14●0 in Germani Hist Tom. 2. p. 180. 181. Iean Crespin L estate de Lesglise p. 465. Wen●●us was likewise deposed by the Princes electors of the Empire For besotting himselfe so with pleasures ● as that he became altogether unfit for the government and a man unprofitable for the Empire and Christian ●●monwealth and Rupert Count Palatine of R●ine and Duke of Bavaria was elected Emperor in his stead ●● like no doubt might be lawfully done here in England by the whole Kingdome and Parliament if ● such cases of incurable folly or frenzy should befal any of our Kings who might then either create a Lord ●tector to governe both King or Kingdome during such disabilities of Government in the King as ●hildricke for a time before his deposition was governed and over-ruled in all thing● by the Marshall ●he Palace or else Crowne the next Heire King if he be capable to Governe Yea in the time of our ●on Kings when the right Heire was an In●ant unable to governe the Crowne usually descended ●he next Heire of full age Hence * Speed● hist p. 252 253. 262. 364 365 See Matthew West Poly●h●onicon Floren. Wigorniensis Holinshed Hun●●ndon and others Wibba King of Mercia deceasing Penda his Sonne being an Infant Crowne descended to his Nephew Ceorl of full age after whose death Penda being of ripe age inheri● the Kingdome So King Wulfeher deceasing leaving his Sonne Kenred within age his Brother Ethelred ●●eeded him who resigning his Crowne and turning Monke after he had Reigned 30. yeares Kenred ●● of full age enjoyed the Crowne So Ethelfred King of Northumberland dying Edelwald his Brother ●●ed the Government and Reigned Aldulfe Ethelherds Sonne being then a minor who enjoyed not ● Crowne till after Edelwalds death So * Gaufredus Monu lib. 3. c. 20. Grafton p. 67. Cassebelan succeeded Lud his Brother in the Kingdome of Bri●e Luds Sonnes being too yong and insufficient to Reigne The like was very usuall in Scotland of ●●h there are divers precedents in Gra●ion Hector B●etius and Buchanan which I pretermit All which 6 Aventine l. 3. f. 293. Fri●ingens l. 5. c. 13. Nauclerus vol. 3. Gen. 26. ●●iculars laid together are a most cleare unanswerable demonstration that the Soveraignest power and ●isdiction of all others resides in the whole Kingdome and Parliament not in the King h●mselfe since ●● may thus dispose of the very Crowne it selfe and determine all controversies all titles which con●e it The King alone having no power to transferre it to any other without the Lords and Com●●s free consents as was resolved in the case of King John who resigned and granted his Crowne to the ●e without the Kingdomes consent and therefore the resignation and grant were adjudged voyd not ●y by the 7 Gra●ton l. 1. 112. French King and his Lords but by our owne Parliament as you may read in 40 Ed. 3. ● 8. and Doctor Craken●●orpe Of the Popes temporall Monarch● cap. 2. p. 251. to 255. This point ●ave thus copiou●ly debated not out of any the least intention to derogate from his Majesties just ●re●acy and P●erogatives royall which I have of● solemnely sworne to maintaine to the utmost of my pow● and shall God willing performe but out of a serious desire to rectifie the generall mistakes of men ●ching a pretended Prerogative which their fantasies onely not the Law have unduely attributed to ● King and to vindica●e the just Liberties Priviledges and Prerogatives of the Parliament so much ●yed declaimed against of la●e by a company of ignorant Papists Ma●ignan●s Royalists who know not ●t the jurisdiction of Parl●aments is according to the Protestation the clearing of which points in my ●ke apprehension is the onely high and ready way to compose our present differences and settle all ● distractions which the ignorance and mistakes of the Kings and Parliaments just Preroga●ives and ●ers next to the trecherous ma●i●e of the Papists have principally raised among us almost to the ●e of the Kingdome For my part I professe sincerely I love and honour both King and Parliament ●● and in the controversies now betweene them concerning their Jurisdictions stand as a man indiffe● to doe right to bo●h without prejudice to either the King being the Principall Member of the Par●ent the elevating of its now disda●ned Power to its due altitude can be no depression but advancement ●e Kings prerogative which shines most perspicuously in Parliaments whiles King and Parliament ●●nited and is most eclipsed onely when they are divided as the precedents in all ages manifest And ● I dare confidently averre that there are no such enemies to the Kings Prerogative as those who ad●cing it beyond due bounds doe necessarily draw it into dispute in which it commonly comes off with ● and diminution in the end as in ●h● late cases of Lo●nes Ship-mony and the like If any here object against the premises f 1 El c. 2. that the King is the onely Supreme Governour of this R●a●● Object That g Li. 1. c. 8. f. 5 6. l 3. c 9. f. 107. Bracton h L. 1. c. 5. 17 Fleta and our i 3 E. 3. 19. Corone 161. 22 Answer E. 3. 3. b. Dyer 297 a. Stamfo 153. a. Law bookes resolve That the King hath no Peere in his Kingdo● for so he should lose his Empire since Peeres or equals have no command over one another much more then ou●● he not to have a Superiour or mightier for so he should be inferiour to those who are subject to him and infer●ours cannot be equall to Superiours The King ought not to be under man but under God and the Law If then J●stice be demanded of him by way of Petition because no writ runs against him though k 22 E. 3. 3. b anciently some w●● did if he doe not justice this punishment may be sufficient to him that he may expect God will revenge it Ne●● quidem de factis suis praesumat disputare m●lto fortius contra factum suum venire c. Therefore the K●● is above the Parliament and whole Kingdome not they above him I Answer First that the meaning of all these Bookes is that the King is above every one of his S●●jects and hath no Peere nor Superiour if they be taken particularly and distributively as single m●● as the words Parem Superiorem in the singular number and the like explaine the meaning of the Book● to be But if we take them collectively in Parliament as they are one body and represent the whole Ki●●dome then these very Authours resolve in their forequoted words