â—ll out for their advantage For the Duke of Ireland with the Kings privity such was his false dissimâ—â—tion had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke â—ew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare Aâ—ong the Dukes carriages was found as the devill or rather God would have it certaine Letters of the â—ings to the said Duke by which their Counsells were plainely discovered The Lords hereupon â—arch with speed up to London having an Army of forty thousand men the Lord Major and City doubtâ—ll whether to displease the King or Lords upon consultation receive the Lords into the City and supâ—y their Army with provisions in the Suburbs Which the King hearing of seemed to slight them sayâ—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 â—uses and then I shall speake with and judge them one after another The Lords hearing this were exceedâ—gly moved and swâ—re They would never remove theâ—e till they had spoken with him face to face And â—rthwith sent some to guard the Thames lest the King should slip out of their hands and then scoâ—â—e at â—em The King being then in the Tower and seeing himselfe every way encompassed sent a message â—â— the Lords that he would treat with them who thereupon desired him That he would come the neâ—â—â—y to Westminster where they would declare their desire to him The King replyed That he would not treat â—ith them at Westminster but in the Tower To which the Lords answered That it was a suspicious place â—â—cause traines might there be laid for them and dangers prepared to destroy them Whereupon the King â—nt word They shâ—uld send thither two hundred men or more to search and view all places lest any fraud should â—e hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to â—â—m briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability â—d underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them â—gether with the French packeâ—s they had intercepted whereby it appeared he had secretly practised to flye with â—e Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the â—rowne of England held in those parts whereby his honour might diminish his strength decay and his fame â—erish The King seeing this knew noâ— what to doe especially because he knew himselfe notably â—eâ—ressed At last craving leave they left him confounded and shedding teares yet upon condition that â—e should come to Westminster the next day where he should heare more and treaâ—â— 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 substsâ—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 〈…〉 anâ—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 â—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 purposâ—ly aâ— 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
42. 76. 33. H. 6. 17. adjudged accordingly Br. Prerogative â—34 cannot with his Lords devise make or establish any Law The reasons are these wheâ— Parliaments were first begun and ordained there were no Prelates or Barons of the Parliament anâ— the temporall Lords were very few or none and then the king and his Commons did make a fuâ—â— Parliament which authority was never hitherto abridged Againe every Baron in Parliament doâ— 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 gâ—veth not consent onely for himselfe but for all those also for whom he is sent And the king witâ— the consent of his Commons had ever a sufficient and full authority to make ordaine and establisâ— good and wholesome Lawes for the Common-wealth of his Realme Wherefore the Lords beinâ— lawfully sommoned and yet refusing to come sit or consent in Parliament cannot by their folly â— bridge the king and the Commons of their lawfull proceedings in Parliament Thus and moâ—â— Iohn Vowell in his Order and usage how to keepe a Parliament Printed Cum PrivilegiÌ„o But we needâ— not retire to this last refuge the Honorable faithfull Lords now present though not so many â— 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 â— 38. 155. 3. E. 3. 19. Coro 161. contrary to Law contrary to the Priviledges of Parliament and their late Protestationâ— tending to the very subvertion of Parliaments for which they and their posterities too may justly bâ— disabled for ever to sit as members of that House which they have so dishonourably if not treacheâ— rouâ—ly deserted even as f Dyer f. 60. n. well as Knights and Bargesses whose personall attendance is so necessary thâ— if during the Parliament they absent themselves from it about any businesses of their owne without leave â— the House they may be presently expelled and others chosen in their place to make the House compleat caâ— 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. Diâ—is 1. Bishop Bilsonsâ—â— true difference of Christian Subjection unchristiaÌ„ 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 Vowelâ— 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. 1â— R. â— 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. â— c. 43. â—â—â—â—alefact in part 21. E. 1. Eschetors 3. E. 1. Quo warranto 9. E. 2. Artic. Cleri Pref. Actâ— made without Bishops or Abbots heretofore even while they were reputed members of the Lords House anâ— one of the 3. Estates in Parliament therefore this Parliament which hath taken away Bishops Vote for ever â— may be lawfully held notwithstanding any Lords or Commons wilfuls absence from it iâ— 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. â— 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 Ageâ—ilans Xenophon de Inâ—â—it Cyri. Hist Caelius Rhodig Antiq. Lect. â—8 c. 1. Bodin de Republica Osorius de Rege Regum Inâ—â—it Polititians and writers â— 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 whâ— is instituted meerely for the benefit and service of another as all the n Creatures were created for manâ— 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 â— Saâ— â—9 â—7 1 Chron. 21. 17. and Iohn 10 â—1 15. with other presidents which I pretermit The King then being made King onely for the Kingdomes Parliaments Peoples service must needs â—n this regard be inferiour to not Paramont them in absolute Soveraigne power though greater * 2 Sam. 18. â— better then any particular Subjects Seventhly the Parliament as our q Law bookes and r Cromptons Iurisdiction of Courts f. 1. c. Bracton l.
a Seneca de Clemeâ—â—â—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 â—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 noâ— 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 â—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 vivaâ— quia hoc sanxit Lex humana quod leges suum ligent latoreâ— alibi in eadem digna â—ox Majestate regnanâ—â—s est legibus alligatum se Principem profiteri Item nihil tâ—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 armaâ—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 â—eare this Supreame Prerogative Power of Parliaments which hath â—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. 2â— 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 Justiciaâ— 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 misdâ—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 Reigâ—e oft banished
good advice of * Who now give the King no such advice Schollers which he would not of his Peeres summons another Parliament to be holden at Westminster giving th 〈…〉 world to know withall that his purpose was to amend by their advice whatsoever was to be amended But the Baro 〈…〉 considering that still there arrived more and more strangers men of warre with horse and armes as now alas we s 〈…〉 they doe and not trusting the Poictovine Faith as we have now cause to mistrust the perfidious Papists and malignant Cavaliers and seeing no footstep of peace our present condition refused to come at the appointeâ— day sending the King word by solemne messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovians out of his Court which if he refused they all of them by the common consent of t 〈…〉 who le kingdome would drive him with his wicked Counsellors out of the Kingdome and consult about creating 〈…〉 new King Thesethings thus acted the King was much dejected in mind and all his Court hanging down 〈…〉 their heads and fearing not a little lest the errors of the Sonne should become worse then the fathers errors whom hi 〈…〉 Subjects indeavouring to depose from his royall Throne almost detruded him to that name which was give 〈…〉 him by a certaine presage John the Banished Wheresore hee could easily have beene drawne to redeem 〈…〉 the love of his naturall Liegemen with the disgrace of a sew strangers But the Bishop of Winchester with other his ill Counsellours and Poictovine Cavalieres counselled hi 〈…〉 to take up armes against his rebellious Subjects as they stiled them and to give their Castles and Lands to them w 〈…〉 would defend him and the kingdome of England from these Traytors The Counsell now given to his Majesty 〈…〉 his ill Counsellours and Cavalieres Hereupon the King inclining to the worser part raiseth an Army of Poictovine and Foraine Souldiers which came to him being sent for out of Flanders from whence the King no 〈…〉 hath many old Souldiers and Commanders sent him seiseth a Manour of Guilbert Bassers a Noble man give 〈…〉 him by King John calling him Traytor when he demanded it sets downe a day wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty and being at Glocester with his Army whith 〈…〉 the Lords resused to come being required the King thereupon as if they were Traytors burnes their Manor 〈…〉 destroyes their Parkes and Ponds besiegeth their Castles and without the judgement of his Court and of thei 〈…〉 Peeres denounceth them exiles and banished men gives their Lands to the Poictovines and adding griefe to grie 〈…〉 wound to wound commanded their bodies to be apprehended where ever they were within the Kingdome he likewise sends a Defiance to the Earle Marshall whose Lands he had wasted who thereupon understood himselfe discharged of that obligation by which he was iyed to the King and free to make his defence Whereupon h 〈…〉 seeing * Note neither Faith nor Oath nor peace to be kept by the King or his ill Councellours who contrary to their promise and Oath refused to deliver up his Castle which they promised to render to him upon demand h 〈…〉 raiseth a greaâ— Army and takes his Castle On this the King upon better consideration did againe promise 〈…〉 and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at th 〈…〉 day and place appointed he holds a great conference with the Lords But the evill Councellors he followed suffered him not to make good his promise For when divers there present greatly in the Kings favour with sundry Preachers and Fryers whom the King was wont to reverence and hearken to Humbly beseeched and earnestly exhorted the King to make peace with his Barons and Nobles and to embrace them with due affection being The Parliments present case his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manors Woods Parkes Ponds and being led and seduced by evill Councels lesse regarded his faithfull Subjects whose native bloo 〈…〉 would not permit them to bow downe then Forainers and which is worse called them Traytors by whom â—e ought t 〈…〉 settle the peace order the Councels and dispose the affaires of his Kingdome The Bishop of Winchester ofâ—ended it seemes at Peers takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Justiciars as himselfe pleaseth â—o ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent â—peech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellors of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse â—ot themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that perâ—urbed â—he peace of the Realme and so the hoped accommodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces sell pell mell upon the Kings Army slew divers of his forâ—einers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund â—rchbishop of Canterbury elect with other suffragan Bishops bewayling the estate of the Kingdome presented themselves before the King at Westminster telling him as his loyall liegemen and O that some Bishop or faithâ—ull person if there bee any such about his Majestie would now deale thus clearely with him touchâ—ng his evill Counsellors That the Councell of Peter Bishop of Winchester and his complices which now he had and â—sed was not sound nor safe but euill and dangerous to himselfe and his Realme First for that they hated and deâ—ised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the peoâ—le from him as in the Earle Marshall whom being one of the wortâ—iest men of the Land by sowing false tales they â—rave into discontentment Secondly that by the Counsell of the said Peter his Father King John first lost the hearts of â—is people then Normandy then other lands and finally wasted all his treasure and almost England also and never afâ—er had quiet Thirdly That if the Subjects had now beene handled according to justice and law and not by their ungodâ—y Counsels these present troubles had not happened but the Kings lands had remained undestroyed his treasure unexâ—austed Fourthly that the Kings Councell is not the Councell of peace but of preturbation because they that cannot â—aise themselves by peace must raise themselves by the troubles and disinherison of others Fiftly That they had the Trea 〈…〉 re Castles Wardships
and strength of the kingdome in their hands which they insolently abused to the great hazard â—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 admâ—nish â—ou to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faithâ—ull and sworne children thereof To which the King in briefe answered That he could not suddainely put off hâ—â— Councell and therefore prayed a short respite Nothing â—ad hither to preserved the King more Then that he could â—ithout griefe forgoâ— any favorities if he were nearely pressed the contrary quality whereof hath beene the cause of â—iâ—all desolation to so many Princes For though choyce of Counsellours ought to be free yet by common inâ—endment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love â—f a whole Nation rather then to relinquish or diminish a particular dependance for which the publique must not be â—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 deâ—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 â—r Peter Rivales his Treasurer he was so vehemently incâ—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 â—ake thus to him O ihou Traytor by thy wicked advise I was drawne to set my Seale to those treacherous Letters â—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 â—nâ—rprise I wasted my Treasâ—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 Kingâ—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 contentâ—ent and the reestablishment of our peace in truth and righteousnesse To end the point proposed * Walsingh Histâ— 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 Parliaâ—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 aâ—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 â— 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 froâ— their Allegiance to him untill he should confirme to them by a Charter ratified with his Seale all things which thâ—â— required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleevâ—â— 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 enforceâ— 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 â—â— be the Conservators of their Priviledges who by the Kings appointment though much against his liking â— afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe thesâ— 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 obeâ— 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 aâ—â— the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea Ports â—â— 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 weâ—â— these That the King should firmely keepe and conserve the Charter and Liberties of England which King John â— Father made granted and ratified with an Oath and which himselfe had so often granted and sworne to maintaiâ— inviolable and caused all the infringers ofit to be horribly excommunicated by all the Bishops of England in hâ— owne
to deliver Piers into their hands or drive him from his company out of England as being perswaded â—hile that King-â—ane breathed peace could never be maintained in the Realme nor the King abound in treasure nor the Queene enjoy his love But the wilfull King preferring the dearenesse of one stranger before the love of the â—hole Realme would noâ— condiscend Whereupon the Lords thus contemned and deluded presently raise â—n Army and march with all speed towards Newcastle not to offer injury or molestaâ—â—on to the King writes â—alsingham the case and purpose of the present Parliaments Army but that they might apprehend Piers himâ—elfe and judge him according to the Lawes enacted Which when the King heard he fled together with Piers like a proscribed and banished man to Tynemouth and from thence to Scarborough Castle Where Piers was forced to yeeld himselfe upon condition to speake but once more with the King And then carryed to Warwicke Castle where he had his head strucke off at the command and in the presence of the Earles of Lanâ—aster Warwicke and Hereford as one who had beene a subverter of the Lawes and an open Traytor to the Kingdome and that without any judiciall proceedings or triall of his Peeres though an Earle and so deare a Favourite of the Kings Which bred a lasting haâ—red betweene the King and his Nobles Who being afterwards charged by the King in Parliament with their contempt against him in the spoiles committed by them at Newcastle and wickâ—dly killing Piers They stoutly answered That they had not offended in any point but deserved his royall favour â—or that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act â—f Pardon that no man should be questioned for Gavestons returne or death printed in old g Tâ—tles Magnâ— Charta part 2. f. 50 to 57. Magna Charta Not long â—fter this unfortunate King doting upon the two h Walâ—ing Hist p. 90. to â—10 ypodig Neust p. 105. to 111 Speed Hist p. 674. to 683. See Fabiâ—n Holm Graf Thoâ—â—â—de â—â— More Higdâ—â— Caxton in his life Spencers as much as ever he did on Gaveston to whom they â—ucceeded not onely in pride rapine oppression and intolerable insolencies but even in height of familiarity and power with the King So as they ruled and lead the King as they pleased in so much that no Earle Baron or Bishop was able to dispatch any thing in Court without their advise and favour which made them generally envied of all because they domineered over all The Lords and Barons hereupon confederated together to live and die for juâ—tice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with â—heir forces at Sbirborne Thomas of Lancaster being their Captain they took an oath to prosecure their designe to â—he division of soule body Then they spoyled these Spencers their friends goods take their Castles by vioâ—ence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law equitie following the impetuousnes of their minds they march on to S. Albans with Ensignes displayed sent solemn messengers to the King then at London commanding him not only to rid his Court but kingdome too of the Traytors of â—he Realme the Spencers condemned in many Articles which they had framed against them by the commonalty of the Realme if he loved the peace of the Kingdome And they further required the King to grant letters Patents of indemnity to themselves and all such as had bore armes in their company that they should not be punished by the King or any other for their for epast or present trangressions The King denyed both these demands at first as unjust and illegall swearing that he would not violate his Coronation Oath in granting such a pardon to contempiuâ—us Delinquents Whereupon running to their armes they marched up to London entred the Citie and to avoyd dangeâ— the King through the Queenes and others mediation condescended to their desires passing an Act for thâ— Spensers banishment and the Barons indemnities which you may reade in ancient Part 2. â— 50. Magna Chartaes Upoâ— this the Barons departed neither merry nor secure despairing of the Kings Benevolence which made them goe alwayes armed and to retire to safe places The King soone after recalling the Spensers reversed the sentence against them as erronious gathers an Army encounters and defeats the Barons and puts many of them to deatâ— by these Spencers procurements who not content with their blood procured also the confiscation of their goods aâ—â—â—nheritances Whereupon getting into greater favour and power then before puffed up with their good successe and new honours they discontented not onely the Nobles but Queene too who going over into Franâ— with her sonne the Prince whose lives these favorites attempted She raysed an Army beyond the Seas and returning with it into England most of the Lords and Commons resorted to her and fell off from the Kingâ— who being destituâ—e of friends and meanes demanded assistance of the Cirie of London whose answer was That they would honour with all dutie the King the Queene and Prince but would shut their gates against Foreineâ— and Traytors to the Realme and with all their power withstand them And under the name of John of Eltham thâ— Kings second sonne whom they proclaymed Custos of the Citie and of the Land they got the Tower â—â— London into their possession placing and displacing the Garrison and Officers therein as they pleased Thâ— King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her self â—â—er sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should ayde â—â— assist them and that he should have a 1000. l. who did bring the Lord Mortimers head flies to Bristol in the Castle whereof the elder Spenser was taken by the Queenes Forces and without any formall tryall cruelly cut â—â— alive and quartered being first at the clamours of the people drawne and hanged in his proper armour upon the common Gallowes without the Citie After which the King forsaken of all his Subjects flies into Wales for shelter wherâ— he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his sonne confessing That for his many sins he was fallen into this calamitie and therefore had the lesse cause to take it grievously That â—â— much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abhâ—â— his any longer rule and Soveraignty and therefore be besought all there present to forgive and spare him being so afflicteâ— Soone after he was murthered in Barkly Castle And so the sicknesse and wounds which the Commonwealth sustaineâ— by his ill raigne upon the châ—â—ge of her Physician recovered not onely health and strength
but beauty also and ornamenâ— writes John Speed After all this i Walfing Hist Ang. p. 349. to 400 â—podigm Newstriae p. 144. to 158 Speed Hist p. 747. to 762. Holin Graft Stâ—w Fabian Caxton and others King Richard the second in the ninth yeare of his reigne summoned a Parliament whereâ—â— Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by thâ— Parliament and the Seale taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for thâ— defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill counsellors to the Court shewing them greater favour then before In so much that at Christmas the King madâ— de la Pole sit at his owne table not in the usuall garment oâ— a Peere but of a Prince out of a stomacke and hatred againâ—â— the Peeres whom from thenceforth he never regarded but feinedly and then fals to plot the death of the Duke of Glâ—cester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Noâ—â—ing haâ—â— Castle with a few persons generally ill-beloved ill-advised and ill-provided The course agreed upon by thâ— King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speâ—â— seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumâ—â— the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters thâ—â— under a shew of justice they should be proceeded against accordingly The Lawyers who were the very meâ—â— which in the last Parliament gave advice to the Lords to doe as they did now meering were demanded Whether by the Law of the Land the King might not disaâ—ull the Decrees of the last Parliament They joyntly answeâ—ed he might because he was above the Lawes a most apparent errour confessing that themselves had in thâ— Parliament decreed many things and given their judgement that all was according to Law which they acknowledgâ— to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withaâ—â— sends for the Sheriffs of Shires to raise Forces against the Lords who denyed saying that they could not raisâ— any competent Forces or Armes against them the whole Counties were so addicted to their favours and being furtheâ— willed to suffer no Knights to be chosen for their shieres but such as the King and his Counsell should name they aâ—swered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good president for our present Sheriffes whereupon they were dismissed Then were the Lawyeâ— and Judges Robert Tresilian and his companions called before the King to determine the judgements of Treason against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if neede weâ—â— against the Lords in the day of battle * Note this Many of which answered that they neither could nor would stand against thâ— Lords whom they knew for certaine intimately to love the King and to endeavour all things study all things doe aâ—â— things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kingâ—â—oâ—â—ce The Lords hearing of these proceedings were much sadded being conscious to themselves â—â— no 〈…〉 â—â—rthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop â—â— London to the King wâ—o inclining to credit the same was in an evill houre diverted by de la Pole â—he Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which â—ey severally gather forces that they might present their griefes to the King How he favoured Trayâ—rs not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speeâ—ly prevented The King on the other side by Trayterous CoÌ„unsellours advise sought how to take â—em off single before they were united but in vaine by reason their party was so great Meane time â—me peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thiâ—er approaching they are advertised by some who had sworne on the Kings behalfe for good deaâ—â—g to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which â—ithout the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre Knights were reported to have â—â—d for their destruction attended in ambush The King sweares his innocency promising safe conâ—â—ct to the Lords if they would come who thereupon came strongly guarded and would trust no longer â—he King sitting in royall State in Westminster Hall the Lords present themselves upon their knees before â—m and being required by the Lord Chancellour Why they were in warlike manner assembled at â—aring gye Park contrary to the Lawes their joynt answer was That they were assembled for the good of the â—ing and kingdome and to weed from about him such Traytors as be continually held with him The Traytors â—ey named to be Robert de Vere Duke of Ireland Alexander Nevill Archbishop of Yorke Michael de â— Pole Earle of Suffolke Sir Robert Tresilian that salse Justiciar Sir Nicholas Brambre that false Knight â— London with others To prove them such They threw downe their Gloves as gages of challenge for a triâ—l by the Sword The King hereupon replyed as knowing they were all hidden out of the way This â—all not be done so but at the next Parliament which shall be the morrow after Candlemas all parties shall â—ceive according as they deserve And now to you my Lords How or by what authority durst you presume to levy â—orces against me in this Land did you thinke to have terrified me by such your presumption Have not I men and â—mes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of â—u all no more then of the basest Scullions in my Kitchins Having used these and many like high words â—e tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The â—st of the conference was calme and the whole deferred till the next Parliament then shortly to be holâ—â—n at Westminster In the meane time that the world might see how little able the King was to equall â—s words with deeds a Proclamation was set forth in which the King before any tryall cleareth the â—ords of Treason names those persons for unjust accuâ—ers whom the Lords had before nominated The â—ords neverthelesse thought not good to sever themselves but kept together for feare of the worst which
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 * Notâ— 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 â—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 â—ayâ—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 â—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
had sworne After â—hich he rightly setled the affaires of England by the counsell of his Nobles and then passed over inâ—o Normandy But how ill he kept this his Oath and others of this Nature and how he violated the â—tatutes of Magna Charta and Dâ— Forresta which he had confirmed with his hand seale oath Proâ—amations the Bâ—shops Excommunications and the Popes Bull within three monethâ— after he had on firmed them and procured a dispensation of his oath and abrogation of these Lawes making â—loody warres upon his Barrons and Subjects who confiding to those confirmations and royall proâ—ises expected no such strange performances spoyling robbing and destroying his people every â—here in the selfe-same manner as we now are plundered * See before p. 5. 8. Graf p. 11. Mat. Paris pâ— 243. to 247. worthy reading and consideration the Histories of his life too manifestly â—â— late which oft put his Crowne in danger of utter losâ—e Lewis of France being crowned king by the â—â—rons in his steed who renounced their allegiance to him for his perjuries and breach of faith and â—aking warre upon them John departing this life his sonne Henry being but 9. yeares old was proâ—aimed king through the peâ—swasion of the Earle Marshall and of Pembroke afterwards made his â—rotector who informed the Lords and Commons h Fox Acts Mon. Ed. tâ—lt v. 1. p. 334 Speed p. 591. that though King Iohn for his evill demeanors â—eserved their persecution and lâ—sse of his crowne yet his young child tender in yeares was pure and innoâ—nt from his fathers doings Wherefore â—ith every man is to be charged with the burthen of his owne transâ—ressions neither shall the child as scriptures teach beare the iniquity of his Fathers they oâ—ght of duty â—nd conscience to beare themselves â—ildly towards this tender Prince and take compâ—ssion of his age And â—r as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt â—llistance APPOINT HIM our King and Governour let us renounce from us Lewis the French kings â—onne and suppresse his people which are a confusion and shame to our Nation and the yoakes of their Serâ—itude let â—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 â—â— 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 â— observed this solemne oath with many others of like nature made to his Lords and Subjects fâ— 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 writâ— that the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prelaâ—â— and Lords knew not how to hold this Proteus the King for where there is no truth there can be no â—ixâ— confidence That thought he sometimes humbled himselfe confessing that he had beene often bewitched â— ill Counsell and promised with a great Oath solemnely taken upon the Altar and coffin of Saint Edwarâ— 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 reddiderâ—â— made him altogether incredible so that though he usually heard three Mosses every day but seldome aâ— Sermons as l Hist Angl. P. 1. Walsingham notes yet none would afterwards beleeve him but ever feare and suspâ—â— his words and actions and to avoyd the infamie of perjurie which he feared he sent to the â—opeâ— 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 raigâ— full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne aâ— kingdome as our Historians informe us for which he repented and promised amendment at hâ— 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 hiâ— First that he will command and endeavour to his power that true peace shall be kept to the Church and â— Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities â— 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 Fâ— 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 reâ— 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 anâ— Bracton oft stiles Gods and Christ Vicar upon earth thus excellently described A King ought aboâ— all things to feare God to love and observe his Commandments and cause them to be observed through hâ— whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved sâ—â— as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe justice anâ— judgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King â— his owne person to doe taking his oath upon the Evangelists and the blessed Reliques of Saints swearing â— the presence of the whole state of his Realme as well of the temporalty as of the spiritualty before he â—â— 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 anâ— honorably in his Kingdome He must doe all things with good advisement and praemeditation and thâ— properly
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 parâ— 7. p. 376. Speed p. 763. King Henry the fourth the â—etâ—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 oâ— his raigne to be entailed and setled on himselfe and the heires of his body begotten and Prince Henry hiâ— eldest sonne to be established pronounced ordained and decreed heire apparant to him and to succeed hiâ— in the said Crownes and Realmes to have them with their appurtenances after the Kings death to him anâ— the heires of his body begotten And if he should die without heire of his body begotten then to remaine to thâ— Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lorâ— Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for tâ—â— 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 â—e plenteously served of all things necessâ—ry both for viande and apparell and if any persons should presume to reare warre or congregate a multitude â—o deliver him out of prison that then he should be the first that should die â—or that sediâ—ious commâ—tion Which King Richard as * Fabian part 7. p. 373. Sir John Bâ—got by his Bill exhibited to this Parliament averred hâ—â— divers times at sundry Parliaments in his time holden said that he would have his intent and pleasurâ— concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde bâ— would by one meanes or other bring him out of his life And further said to him at Lichfield in the one â—â— twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons haâ—â— him in â—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 â—â—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 Anâ—o 1441. p. 470. Grafton p. 643. to 648. Holins Stow Howes An. 1440 144â— In the yeares 1440. and 1441. Edward Duke of Yorke came into the Parliament House anâ— there in a large Oration laid claime and set forth his Title to the Crowne of England which King Heâ—ry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene theâ— both â—ides submitting to their resolution as the proper Judges of this weighty royall controversie After lonâ— debate and consideration of the case among the Peers Prelates and Commons of the Realme it wâ—â— finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yeaâ—â— and more that he shâ—uld enjoy the name and title of King and â—ave pâ—ssessiâ—n of the Realme during his nâ—turall life And if he either died or resigned or FOR FAITED THE SAME for breaking â—â— part of this concord then tâ—e said Crowne and authority royall should immediately descend to the Duke â—â— Yorke King Edward the 4. his Father if he then liveâ— â—r else to the next heire of his line And that the sâ— Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the Kiâ—â— did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the deâ—â— of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke Tâ— TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed â— swore to and then caused them to be enacted Loe here we have these two Kings submiting their Titles â— the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraigâ— Judge betwene them who settled the Crowne in this order under paine of â—orfeiting it by Kiâ—â— Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in â—â— full age as o Historia Angliae p. 458. Parliamentum fuit câ—nvâ—catum in quâ— Parliamento ex assensu omnium Statuum idem Dux Defensor seu Protector Angliae fueraâ— nominaâ—us ordinaâ—us omniaque Regni offâ—cia beneficia ejus dispositioni sunt commissa Walsingâ—am informes us a Parliament câ—nstituted Duke Humsry to be protector of hiâ— and hâ—s Kingdome of England and the Duke of Bedford to â—e Regent of France during his minority whâ— exercised all regall power by vertue of that authority which the Parliament derived to them Aâ—â— 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 haâ—â— formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it â—â— akered or reversed by another Parliament King q Speeds Hist p. 928. 931 Richard the third comming to the Crown by usurpâ—tion to strengthen his Title procured the Lords and Commons to passe an Act of Parliament where in thâ— declare him to be their lawfull King both by election and fuccession entaile the Crowne upon him and the heiâ—â— â—f his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in â—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 teachâ—th that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled â—n Parliament and by the Authority of the â—ame makes before all other things most faith and certainty and â—uieting of mens mindes removeth the occasion of all doubts and seditious language r Halls Chro. 1 H. 7. f. 855. Henry the seventh afâ—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 setâ—le the inheritance of â—he Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace â—f God so to endure and on none
his finger he said * Neta Thou â—â— in no wise be ruled by these men for these be those which brought me into this lamentable plight and the miâ— thou seest me in A memorable strange speech of a distracted Prince And thus the Emperour 5 Grimstons Imperiall History p. 581 582. Sententia Exâ—â—ctorationis Depositionis Wencestai An. 14â—0 in Germani Hist Tom. 2. p. 180. 181. Iean Crespin L estate de Lesglise p. 465. Wenâ—â—us was likewise deposed by the Princes electors of the Empire For besotting himselfe so with pleasures â— as that he became altogether unfit for the government and a man unprofitable for the Empire and Christian â—â—monwealth and Rupert Count Palatine of Râ—ine and Duke of Bavaria was elected Emperor in his stead â—â— like no doubt might be lawfully done here in England by the whole Kingdome and Parliament if â— such cases of incurable folly or frenzy should befal any of our Kings who might then either create a Lord â—tector to governe both King or Kingdome during such disabilities of Government in the King as â—hildricke for a time before his deposition was governed and over-ruled in all thingâ— by the Marshall â—he Palace or else Crowne the next Heire King if he be capable to Governe Yea in the time of our â—on Kings when the right Heire was an Inâ—ant unable to governe the Crowne usually descended â—he next Heire of full age Hence * Speedâ— hist p. 252 253. 262. 364 365 See Matthew West Polyâ—hâ—onicon Floren. Wigorniensis Holinshed Hunâ—â—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 inheriâ— the Kingdome So King Wulfeher deceasing leaving his Sonne Kenred within age his Brother Ethelred â—â—eeded him who resigning his Crowne and turning Monke after he had Reigned 30. yeares Kenred â—â— of full age enjoyed the Crowne So Ethelfred King of Northumberland dying Edelwald his Brother â—â—ed the Government and Reigned Aldulfe Ethelherds Sonne being then a minor who enjoyed not â— Crowne till after Edelwalds death So * Gaufredus Monu lib. 3. c. 20. Grafton p. 67. Cassebelan succeeded Lud his Brother in the Kingdome of Briâ—e Luds Sonnes being too yong and insufficient to Reigne The like was very usuall in Scotland of â—â—h there are divers precedents in Graâ—ion Hector Bâ—etius and Buchanan which I pretermit All which 6 Aventine l. 3. f. 293. Friâ—ingens l. 5. c. 13. Nauclerus vol. 3. Gen. 26. â—â—iculars laid together are a most cleare unanswerable demonstration that the Soveraignest power and â—isdiction of all others resides in the whole Kingdome and Parliament not in the King hâ—mselfe since â—â— may thus dispose of the very Crowne it selfe and determine all controversies all titles which conâ—e it The King alone having no power to transferre it to any other without the Lords and Comâ—â—s free consents as was resolved in the case of King John who resigned and granted his Crowne to the â—e without the Kingdomes consent and therefore the resignation and grant were adjudged voyd not â—y by the 7 Graâ—ton l. 1. 112. French King and his Lords but by our owne Parliament as you may read in 40 Ed. 3. â— 8. and Doctor Crakenâ—â—orpe Of the Popes temporall Monarchâ— cap. 2. p. 251. to 255. This point â—ave thus copiouâ—ly debated not out of any the least intention to derogate from his Majesties just â—reâ—acy and Pâ—erogatives royall which I have ofâ— solemnely sworne to maintaine to the utmost of my powâ— and shall God willing performe but out of a serious desire to rectifie the generall mistakes of men â—ching a pretended Prerogative which their fantasies onely not the Law have unduely attributed to â— King and to vindicaâ—e the just Liberties Priviledges and Prerogatives of the Parliament so much â—yed declaimed against of laâ—e by a company of ignorant Papists Maâ—ignanâ—s Royalists who know not â—t the jurisdiction of Parlâ—aments is according to the Protestation the clearing of which points in my â—ke apprehension is the onely high and ready way to compose our present differences and settle all â— distractions which the ignorance and mistakes of the Kings and Parliaments just Prerogaâ—ives and â—ers next to the trecherous maâ—iâ—e of the Papists have principally raised among us almost to the â—e of the Kingdome For my part I professe sincerely I love and honour both King and Parliament â—â— and in the controversies now betweene them concerning their Jurisdictions stand as a man indiffeâ— to doe right to boâ—h without prejudice to either the King being the Principall Member of the Parâ—ent the elevating of its now disdaâ—ned Power to its due altitude can be no depression but advancement â—e Kings prerogative which shines most perspicuously in Parliaments whiles King and Parliament â—â—nited and is most eclipsed onely when they are divided as the precedents in all ages manifest And â— I dare confidently averre that there are no such enemies to the Kings Prerogative as those who adâ—cing it beyond due bounds doe necessarily draw it into dispute in which it commonly comes off with â— and diminution in the end as in â—hâ— late cases of Loâ—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 Râ—aâ—â— 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 Kingdoâ— for so he should lose his Empire since Peeres or equals have no command over one another much more then ouâ—â— he not to have a Superiour or mightier for so he should be inferiour to those who are subject to him and inferâ—ours cannot be equall to Superiours The King ought not to be under man but under God and the Law If then Jâ—stice be demanded of him by way of Petition because no writ runs against him though k 22 E. 3. 3. b anciently some wâ—â— did if he doe not justice this punishment may be sufficient to him that he may expect God will revenge it Neâ—â— quidem de factis suis praesumat disputare mâ—lto fortius contra factum suum venire c. Therefore the Kâ—â— 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 Sâ—â—jects and hath no Peere nor Superiour if they be taken particularly and distributively as single mâ—â— as the words Parem Superiorem in the singular number and the like explaine the meaning of the Bookâ— to be But if we take them collectively in Parliament as they are one body and represent the whole Kiâ—â—dome then these very Authours resolve in their forequoted words
Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like â—o receive from this Popish Army the late Gunpouder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safetiè the Kingdome may expect in Church or State whiles Popery and Papists have any armed power or being among us f In his Sermon there Mar. 24. 1615. p. 43 44. Doctor John White hath long since proclaymed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it bath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the great his time but the Pope and his ministers have had a hand in it All that these ill advisers to colour their close g See Plaine English designe of reestablishing Popery principally intended can alledge Obj. Crimination 1. for arming Papists against Law is That the Parliament hath traytorously invaded the Kings Prerogatives in a high degree claymed a power and jurisdiction above his Majesty in sundry particulars and â—surped â—o its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolencies and reduce the Parliament to its due limits his Majestie is now necessited to raise an Army and pray in avde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall in this service To answer which pretence more fully though it be for the maine of it most palpably false yet by way of admission onely I shall suppose it true and with all possible brevitie manifest That Parliaments Prelates Peeres and Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of â—ll others have least cause to taxe the Parliaments proceedings and those ill Counsellors small reason to imâ—loy Answ or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its h The observations A suller answer to Doctor Ferne with others Advocates with its approbation affirme that â—e Parliament being the representative body of the whole Kingdome is in some respects of greater power and authoritie â—hen the King who though he be singulis major yet he is universis minor which is contrary to the oath of supremacy wherein every Subject * 1 Eliz. ch 2. doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SVPREAME GOVERNOVR of this Realme c. as well in all spirituall or Ecclesiasticall causes as Temporall â—nd a kind of unkinging his Majestie no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broaâ—hers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his â—eigne lib. 2. cap. 16. f. 34. a. resolves thus i Rex habet superiorem Deum c. Item legem per quam factus est Rex-Item Curiam sâ—â—â— viz. Comites et Barones quia Comites dicuntur quasi socis Regis qui habet socium habet mâ—â—istrum Et ideo si Rex fuerit sine franâ— i fine lege DEBENTEI FRAENVM IMTONERE c. But the King hath a SVPERIOVR to wil God Also the Law by â—hich he is made a King likewise his Court namely the Earles and Barons because they are called Comites as being â—e Kings fellowes or companions and he who hath a fellow or associate hath a Master and therefore if the King shall â—e without a bridle that is without Law they OVGHT to impose a bridle on him unlesse they themselves with the King â—all be without bridle and then the Subjects shall ery out and say O Lord Jesus Christ doe thou bind their jawes with it and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are â—bove the King and ought to bridle him when he exorbitates from the Law which he also seconds in some sort â—b 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes and after times that in the great Councell of Basil Anno 143â— when this mighty question was debated whether a Pope were above a generall Councell or a Councell above him such a Councell was at last resolved to be above the Pope upon this reason among others k Fox Acts Monume Edit 1641. Vol. 2 p. 879 880. Aeneas Sylvius de gestis concilii Basiliensis Surius concil Tom. 4. The Pope is in the Church as a King is in his Kingdome and for a King to be of more authority then his Kingdome it were too absurd Ergo Neither ought the Pope to be above the Church In every well ordered Kingdome it ought specially to be desired that the whole Realme should be of more authority then the King which if it happened contrary were not to be called a Kingdome but a Tyranny And like as oftentimes Kings which doe wickedly governe the Common-wealth and expresse cruelty are deprived of â—heir Kingdomes even so it is not to bee doubted but that the Bishop of Rome may be deposed by the Church that is to say by the generall Councell At the beginning as * Lib. 2. Cicero in his Offices saith it is certaine there was a time when as the people lived without Kings But afterwards when Lands and possessions began to be divided according to the Custome of every Nation then were Kings ordained for no other causes but onely to execute justice for when at the beginning the common people were oppressed by rich and mighty men they ran by and by to some good and vertuous man which should defend the poore from injury and ordaine Lawes whereby the rich and poore might dwell together But when as yet under the rule of Kings the poore were oftentimeâ— oppressed Lawes were ordained and instituted the which should judge neither for hatred nor favour and give like eare unto the poore as rich whereby wee understand and know not onely the people but also the King to be subject to the Law For if wee doe see a King to contemne and dispise the Lawes violently rob and spoyle his Subjects dâ—flower Virgins dishonest Matrons and doe all things licentiously and temerariously doe not the Nobles of the Kingdome Assemble together deposing him from his Kingdome set up another in his place which shall sweare to rule and governe uprightly and be obedient unto the Lawes Verily as reason doth perswade even so
doth the use thereof also teach us It seemeth also agreeable unto reason that the same should be done in the Church that is in the Councell which is done in any Kingdome And so is this sufficiently apparent that the Pope is subject unto the Councell Thus the Bishop of Burgen Ambassadour of Spaine the Abbot of Scotland and Thomas de Corcellis a famous Divine reasoned in this Councell which voted with them Here we have a full resolution of this great Councell which the Papists call a generall one being l Surius Concil tom 4. p. 1. c. And Aeneas Sylvius hist concil Basilliensis approved by the Greeke and Romane Emperours and most Christian Kings and States and ours among others That the Kingdome in Parliament Assembled is above the King as 〈…〉 Generall Councell is paramount the Pope which they manifest by five reasons First because Kings were first created and instituted by their Kingdomes and people not their Kingdomes and people by them Secondly Because they were ordained onely for their Kingdomes and peoples service and welfare not their kingdomes and people for them Thirdly Because their Kingdomes and people as they at first created so they still limit and confine their royall Jurisdiction by Lawes to which they are and ought to be subject Fourthly Because they oblige them by a solemne Oath to rule according and to be obedient unto the Lawes Fifthly Because they have power to depose them in case they contemne the Lawes and violently rob and spoyle their Subjects This then being the Doctrine of Papists concerning the Power and Superiority of Parliaments Peeres and Kingdomes over their Kings they have least ground of all others to taxe this Parliament or its Advocates as guilty of Treason and usurpation upon the Crowne for a more moderate claime then this amounts to Secondly I answer that Popish Parliaments Peeres and Prelates have heretofore challenged and exercised a greater Jurisdiction over their Kings then this Parliament or any other since the embracing of the Protestant Religion ever claimed and doe in a great measure disclaime For first of all they have challenged and executed a just and legall power as they deemed it to depose their Kings for not governing according to Law for following and protecting evill Counsellours and Officers oppressing their Subjects and making warre against them This is evident not onely by the forementioned passages of the Councell of Basil with infinite presidents in foraine Empires and Kingdomes which I pretermit bâ—â— by sundry domesticke examples of which I shall give you a short touch m Speeds Hist p 207. 266 267. Matth. West An. 445. 454 c. See Holinshed Grafton others Anno Dom. 454. King Vortigern when he had reigned for yeares space for his negligence and evill Government for which Vodine Arch-bishop of London told him he had endangered both his Soule and Crowne was deposed from his Crowne by his Subjects the Britaines generall consent imprisoned and his Son Vortimer chosen and Crowned King in his stead After whose untimely death being poysoned by Roweâ—a Vortigern was againe restored by them to the Crowne and at last for his notorious sinnes by the just revenging hand of God consumed to ashes by fire kindled by Aurelius and Vâ—er as heavens ministers to execute its wrath Sigâ—bert n Speeds Hist p. 229. Matth. West an 756. Holinsh Graft in his life King of the West-Saxons setting aside all Lawes and rules of true piety wallowing in all se 〈…〉 suall pleasures and using exactions and cruelties upon his Subjects and â—laying the Earle Cumbra his mo 〈…〉 faithfull Counsellour for admonishing him lovingly of his vicious life the Peeres and Commons thereupon seeing their State and lives in danger and their Laws thus violated assembled all together and provida omniu 〈…〉 deliberatione rose up in Armes against him deposed and would acknowledge him no longer their Soveraigne whereupon flying into the Woods as his onely safeguard and there wandring in the day like a forloâ—â—e person and lodging in dens and caves by night he was slaine by Cumbra his Swin-herd in revenge of his Masters death and Kenwolfe made King in his stead Anno Dom. 756. o Speeds Hist p. 245. 246. Matth. West an 792 See Holinsh Grafâ—on and others Osred King of Northumberland for his i 〈…〉 government was expelled by his Subjects and deprived of all Kingly Authority Anno 789. So Ethelred th 〈…〉 Sonneof Mâ—llo his next successor being revoked from exile and restored to the Crowne of which he was * Matth. West m. An. 758. p. 275. formerly deprived thereupon murthering divers of his Nobles and Subjects to secure his Crowne so far offended his Subjects thereby that Anno 794 they rose up in armes against him and slew him at Cobâ—e Thus Anno 758. the people of the kingdome of Mercia rising up against Beornerd their King because be governed the â—eople not by just lawes but tyranny assembled all together as well Nobles as ignoble and Offa a most valiant â—oung man being their Captaine they expelled him from the Kingdome which done unanimo omnium consensu by the unanimous consent of all as well Clergy as People they crowned Offa King n Matth. West An. 821. Speeds Hist p 255. And Ceolwulfe King of Mercia Anno 820 after one yeares reigne was for his misgovernment expulsed by his people abandoâ—ing his Crowne and country for the saâ—ery of his life Not to mention any more such presidents before the Conquest We finde the o Matth. Paris hist Angl. p. 264 to 280. Speede p. 585 c. Hollinshead Grafton Stow Daniel Walsingham Popish Barons Prelates and Commons disavowing King John whom they had formerly elected King for making warre upon them and â—asting burning and spoyling the kingdom like an enemie electing Lewis of France for their King to whom â—hey did homage and fealty There are none so ignorant but know that the Popish Prelates Lords and Commons in Parliament p Walsingham Hist Angl. p. 398 c. Fabiun part 7. p. 345. Polychron l. ult c. 9. Hollinshead Grafton Speed p. 758. to 766. An 1327 deposed King Edward the second their naturall King for his misgovernement and following and protecting ill Counsellors inforcing him by way of complement to resigne his Crowne threatning else that they would never endure him nor any of his Children as their Soveraigne but disclayming all homage and fealtie would elect some other for King not of his r blood whom themselves should thinke most fit and able to defend the kingdome After which they elected and crowned his sonne Edward the third for their King That An 1399 q Walsing Hol. Fab. Sp. p. 680. to 697. King Richard the second for sundry misdemeanours objected against him â—n 32. Articles in Parliament and breach of his Coronation oath was judicially deposed by a Popish Parliament by 〈…〉 definitive sentence of deposition given against him which you may read at large in our
Historians and Henâ—y the fourth elected and created King in his stead In both which depositions the Popish Prelares were chiefe 〈…〉 ctors Å¿ Speed p. 869. 878. 879. 887. Holingshead Polychronicon Fabian Grafton Hall Stow Caxton in their lives Anno 1462. King Henry the sixt Queen Margaret and Prince Edward their Sonne were by a Popish Parliament disinherited of their right to the Crowne and Edward the fourth made King after which King Henry was by another Parliament recrowned and reestablished in his Kingdome and Edward the fourth declared 〈…〉 Traytor and usurper of the Crowne And not long after Edward taking King Henry prisoner and causing him to be murdered in the Tower another Popish Parliament Anno 1472. abrogated King Henries Lawes and â—eestablished King Edward All this have our Popish Parliaments Prelates Lords and Commons formerly done and that rightly and legally as they then supposed which far transcends the highest stâ—aines of pretended inâ—roachments on his Majesties royalties by the present Parliament which detests such presidents Secondly our Popish Parliaments Pecres and Prelates have oft translated the Crowne from the right heires â—nd setled it on others who had no lawfull right or title to it electing and acknowledging them for their oneâ—y Soveraigne Lords in which actions the Popish Prelates and Clergy were commonly the Ring-leaders witnesse their t Speed p. 410. 411. 425 426. 404. to 407. 410. 416. 418. 419. 455 456. 466 467. 548 549. 550. 590. 591. See Matthew Paris Matth. Westminster Malmesbury Hunting don Eadmerus 〈…〉 bian Walsingham Caxton Polychronicon Polydoâ— Virgil Hall Grâ—â—tâ—n Stow How Hollinshead Haywarâ— Mâ—â—tin Daniel and Sir 〈…〉 their severall lives of these Kings electing and crowning of Edward who was illegitimate and putting by Ethelred the right heire after â—dgars decease An. 975. The electing and Crowning Canutus King a meere forrainer in opposition to Edmund â—he right heire to King Ethelred An. 1016. Of Harold and Hardiknute both elected and crowned Kings successiveâ—y without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned and tortuâ—ed to death An. 1036. and 1040. yet after Hardiknutes decease Edward surnamed the Confessor was chosen King by consent of Parliament And the English Nobilitie upon the death of King Harold enacted That none â—f the Danish blood should any more reigne over them After this Kings death Edgar Etheling who had best title was rejected and Harold elected and crowned King so after William the Conquerors decease Anno 1087. Robert â—he elder brother was pretermitted and William Rufus the younger brother crowned and established in the Throne After whose death Henry the first his younger brother though not next heire was elected King â—y the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their â—wne liking upon faire promises for resorming bad and rigorous Lawes remission of Taxes exacted on the Subjects and â—unishment of the chiefe causers of them and a solemne oath to frame good Lawes and ratifie Saint Edwards Lawes â—ll which he really performed So after the death of Richard the first John Earle of Morton was elected and crowned King and his Nephew Arthur the right heire disinherited And he dying his sonne Henry the third was â—lected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in â—he case of King Henry the fourth King Edward the fourth and Richard the third made Kings by Acts of Parâ—â—ament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles â—y way of usurpation and the right hereditary line put by Such a transcendent power and â—urisdiction as this 〈…〉 disinherite the right heire and transferre the Crowne to whom they throught meerest neither the present nor â—ny other Protestant Parliament Peeres or Subjects ever claymed or exercised though Popish Parliaments â—relates Lords and Commons have thus frequently done it of which you may reade more in 25. H. 8. c. 22. 26. 〈…〉 8. c. 12. 28. H. 8. c. 7. 35. H. 8. c. 5. Thirdly the Lords and Commons in times of Popery have sent our writs and summoned a Parliament in the Kings name and forced the King to call a Parliament without and against his full consent Thus they summoned and held a Parliament in Ireland Anno 1341 refusing to come to a Parliament there summoned by the Kings officers and authority as the u In Camdens Britania English p. 188. Irish Annalls doe more at large record Thus they x Walsingham Hist. Ang. p. 107. 398. Speed p. 681. 757. summoned and held two Parliaments here in England to depose King Edward the second and King Richard the second without these Kings consents and by two severall Acts of Parliament 4. E 3. c. 4. and 36. E. 3. c. 10. enacted That for the maintenance of the Lawes and Statutes and redresse of divers mischiefes and grievances which daily happeâ—eth a Parliament shall be holden every yeare once and more often if need be whereas this Parliament was 〈…〉 called but by the Kings owne free consent and hath moderated these former Acts by changing the annuall into 〈…〉 triennuall Parliament by a speciall Bill to which his Majestie gave his full and free assent y Myrror c. 1. sect 3. p. 10. Co. instit on Littleton f. 110. Spelman Concil p. 347. Long before which Acts King Alfred in an assembly of Parliament ordained this for a perpetuall custome that a Parliament should be called together at London twice every yeare or oftner in time of peace to keep the people of God from sinne th 〈…〉 they may live in peace and receive right by certaine usages and holy judgements Fourthly Our Popish Barons Prelates and Commons have refused to meet in Parliament when the King ha 〈…〉 summoned them by his writ z Matth. Paris An. 1233. p. 344 473 c. Speedes Hi. p. 607. to 613. Anno Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Oxford where the King now resides but they all joyntly sent him an expresse messag 〈…〉 that they would not come upon his summons for that the Kings person went guarded with Poictovines othe 〈…〉 strangers who swayed and miscounselled him as ill Counsellors doe now the King so as they could no 〈…〉 there appeare with safety at which message the King grew very angry resolving that they should bee on 〈…〉 twice and thrice summoned to appeare Whereupon Roger Bacon who usually preached before the King freely told him That if he did not remove from him Peter Bishop of Winchester and Peter de Rivallis his malign 〈…〉 Counsellors he could never be quiet And Roger Bacon a Clergy man also of a pleasant wit seconding Robert advise told the King that Peirae and Rupes were most dangerous things at Sea alluding to the Bishops name Petrus de Rupibus The King hereupon comming a little to himselfe and taking that
presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be maâ— 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 necessaâ—â— 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 defisâ—â— prosecute their purpose neither for losse of money or Lands nor love nor hare no nor yet for life or deaâ— 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 aâ— his Sonne Prince Edward also that he would submit â—o their Councels and all those their Ordinances fâ—â— feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Whiâ— done all the Peeres and Prelates tooke their Oath To be faithfull to this their Ordinance and made all whâ— would abide in the Kingdome to sweare they would stand to the â—ryall of their Peeres the Arch-bishopâ— 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 laâ—ded in the Chapter-house at Canterbury Heare all men that I Richard Earle of Cornewall sweare upon â—â— holy Gospels to be faithfull and forward to reforme with you the kingdome of England hithertâ— by the councell of wicâ—ed men so much deformed And I will be an effectuall coadjutoâ— to expell the Rebels and troublers of the Realme fâ—â— 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 â—â—risdictions to preserve themselves and the Kingdome from slavery and desolation whom Matthew Paris â—â— continuer for this service stiles e History Angliae p. 95â— Angliae Reipublicae Zelatores the Zelors of the English Republicke Neithâ— is this their example singular but backed with other presidents In the second and third yeares of King Eâ—ward the second f Walsing â—pâ—digma Neust An. 1309 1310 Hist Ang. p. 70. to 77. S. p. 608. c. with Holin Stow. Graf How and others Fâ—x Act. Mon. vâ—l â— Ed. ult p. 480 481. Piers Gaveston his great proud insolent covetous unworthy Favorite miscounselling aâ— seducing the young King from whom he had beene banished by his Father and swaying all things aâ—â—â— pleasure the Peâ—res and Nobles of the Realâ—e seeing themselves contemned and that foraine upstart pâ—â—feâ—red before them all came to the King and humbly entreated him That he would manage the Affaires of â— Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incâ—â—bent dangers the King Voce â—enus consented to them and at their instance summoned a Parliament at Londâ—â— to which he commanded all that ought to be present to repaire Where upon serious debate they earnâ—â—ly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and â—o the Church of England The King imagining that they would order Piers to be banished a loâ—â— time denyed to grant their demand but at last at the importunate instance of them all he gave his assent aâ— 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 â—s his Father had commanded should thrust all Strangers out of his Court and kingdome and remove ill Councellours â—â—om him That he would thenceforth order all the affaires of the Kingdome by the Counsell of the Clergie and Lords â—nd begin no warre nor depart any where out of the kingdome without common consent The King notwithstanding â—ll these things seemed hard and insupportable to him consented to the Articles and banished Piers into â—reland No * Note the credit of Princes Regall promises and Protestations sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations â—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 â—o retaine this Gaveston maugre all his Earles Barons and for the love of him to put his Crowne and life in â—erill when time should serve In which whither the King or his favourite shewed lesse discretion it is not â—t the first easily determined it being as unsafe for the one with so offensive behaviour to affect immoderate â—â—ew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon â—he Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the â—arons message to the King by common consent That he should banish Piers from his company and observe the â—ffect of the foresaid Articles or else they would certainely rise up against him as a perjured person by a like vow which â—peech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring â—p if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third â—â—me abjure the Realme with this proviso that if at any time afterward he were taken in England he should â—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 â—iper elected Thomas Earle of Lancaster for their Generall and sent honourable messengers to the King reâ—uesting him
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 pâ—pulatâ—tie smothered onely for their former actions which done the King adjourned the Par 〈…〉 ent to Shrewâ—bury where he subrilly procured an o 21. R. c. 12. Act to passe by common consent that tâ—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. Annâ— 1398. p 394 〈…〉 he state of the Parliament the disâ—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 wasâ—fully spent the Treasure of the Realme and had given the possessioâ—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 crafâ—ily devised certaine privy Oathes contrary to the Law and caused divers of his
Subjects f 〈…〉 to be sworne to observe the same anâ— after bound them in bonds for the firmer keeping of the same to the great 〈…〉 doing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times 〈…〉 wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth 〈…〉 the same Parliament which continued notwithstanding Richards deposition who summoned it 〈…〉 created King who in the q â— H. 4. c. 1. 2 3 4. first Parliament of his Raigne reversed and annulled as illegall the P 〈…〉 liament of 21 Rich. 2. with all its Acts Circumstances and dependants and revived that of 11 Rich. 2. 〈…〉 all points as made for the great honour and common profit of this Realme To these I might adde t 〈…〉 r Walsing hist Angl. p. 416. 417. Ypodig p. 168. 170. Pol. l. 8. c. 10. Caxt. p. 430. Hal Chr. par 1. f. 25 Hol. p 529. Speed p. 775. Maroin Fabian Grafion and others Rebellious insurrectious of Richard Scroope Arch-bishop of Yorke the Earle of Northumber land a 〈…〉 their Complices against King Henry the fourth Anno 1405. to reforme the State and government 〈…〉 lieve the Church and Common weale and Depose King Henry in and by a forced Parliament The Spee p. 486 Hunting lib. 8. insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forrests and 〈…〉 ther immunities of Church and Commonwealth which they would force him â—o confirme the severall k Walâ—ing ham Hist Angl. p. 258. to 281. Speed â— 849. c. 734. c. insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vulgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new ones of their nomination to ratifie what propositions they required and subvert the government of the Real 〈…〉 with the l Speed p. 1032 to 1049 1112. to 1120. See Hall Grafton Holinshed Howes Martin in the lives of H. 8. Ed 6. and Q. Eliz. severall Rebellions of the Popish Lincolne-shire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the 8 his raigne Of the Cornish men Norsolke men Ket and others in Edward the 6. his rule of the Popish Earles of Northumberland Westmoreland and other Northern Papists in Queene Elizabeths dayes by force of Armes to compelâ— these severall Princes to summon Parliaments to repeale all Lawes against Mosse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demaunded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both houses representing the whole Kingdome and against the generall consent of the people But I shall conclude with one ancient president more in one of our beâ—â— Kings reignes In 25. E. 1. m Walsig Hist Angl. p. 36 37 38. 39 40. 41. 42 44. 48. Ypoaigmâ— Neustriae p. 83. 84. 85. 86. 97. Cookes Magna Charta p. 530. to 580. The Lords and Commons in Parliament grievously complained and Petitioned to the King against divers taxes tallages and prisâ—ges wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forrest the imposition upon Woolls and their sommons to goe with him into Flanders to which they were not bound by Law The King excusing these taxes by reason of his necessity to mainetaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barrons of the Eschequor not to levie the 8. penny of the people granted to the King at S. Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the King should confirme Magna Charta and Charta de Forresta with the other Articles to them annexed that he should enact and take no ayds tax or tallage from the Clergie or Commons without their common consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his * Articuli sâ—per Chartaâ— Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeate of all those who should transgresse this Charter of his For which the Laity gave him the 9 and the Clergie the 10. penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his Reigne after some delayes he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-sommoning them at quinidena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to 3. Bishops 3 Earles and 3. Barrons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope 〈…〉 ereupon the King holding a Parliament at Stamford the 29. of his Reigne the Lords and Barrons repaired thither with great store of horses and Armes with a purpose to extort aâ—ull execution of the Charter of the Forrest hither to deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixtly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull sommons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publicke affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great a Surius Concil Tom. 4. p. 103 c. Fox Act. and Monuments vol. 1. â—dit ult p. 879 c Councils of Basil Constans and divers Popish * John White his way c. Sect 37 n. 30. p. 102 Writers that a generall Councell once lawfully sommoned by â—he Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution thâ—se Counâ—ells continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them to keepe themselves in their chaires This is apparent
first by the Ancient Treatise Of the manner of holding Parliaments in England which informes us That the first day of the Parliament publike Proclamations ought to be made in the City or Town where the Parliament is kept That all those who would deliver Petitions or Bills to the Parliament should deliver them in a certaine time That the Parliament should not depart so long as any Petition made thereto â—angeth undiscussed or undecided or at the least to which there is not made a determinate answer the Kings Majestie being desirous of his grace and favour to give the â—ubject redresse of any injurie not to suffer his people to goe unsatisfied Hence departing of the Parliament OVGHT TO BE in such manner First IT OVGHT TO BE demaunded yea and publikely proclaimed in the Parliament and within â—he Pallace of the Parliament whether there be any that hath delivered a â—etition to the Parliament and â—ath not received answer thereto If there he none such it iâ— supposed that every one is satisfied or else answered unto at the least So farre forth as by Law it may be And then all may depart Hence it waâ— that in 21. R. 2. c. 16. 17. 18. 19. divers Petitions not read nor answered in Parliament by reason of â— See Walâ—ingham Mat. Paris Fabian Holinshed Grafton Martyn Speed in their lives shortnesse of time and not determined sitting the Parliament were by speciall Acts of Parliament referred to divers Lords and Commons to examine answer and plainely determine all matters contained in the said Petitions as they should thinke best by their good advise and discretion even out of Parliament which they heard and determined accordingly and made binding Acts thereupon as appeares by the statutes themselves This Doctrine was very well knowne to King Iohn Henry the 3. Edward the 2. Richard the 2. Henry the 6. and Edward the 4. the Parliaments which opposed and deposed most of them sitting and continuing sitting both before and after their deposing sore against their wills as the fore-remembred histories manifest else no doubt they would have broken up all these Parliaments at their pleasure and never permitted such Acts Iudgements to passe against themselves Favorites ill Counsellours pretended Prerogatives had they lawfull power to dissolve them summoned in their names or the Parliaments actually determined by their depositions or resignations as we finde they did not and none ever yet held they did King Richard the 2 fearing the losse of his Crowne or some restraints by Lawes in the 11. yeare of his raigne proposed this question among others to his Iudges at Nottingham Castle which for ought I finde was never doubted before b See 21 R. 2. c. 12. Whether the King whensoever pleaseth him might dissolve the Parliâ—ment and command his Lords and Commons to deparâ— from thence or not Whereunto it was of one minde answered that he may and if any would proceede in c Walâ—ingham Holinshed Fabian Graft Speed in 11. R. 2. the Statuts at large that yeare the Parliament against the Kings will he is to be punished as a Traytor For which opinion and others some of these Iudges and Lawyers as Trysiâ—ian Blake were condemned of high Treason the next Parliament 11. R. 2. drawne upon a hurdle to Tyburne and there executed as Traytors to the King and Commonwealth others of them who delivered their opinions rather out of feare of death and bodily tortures then malice were yet condemned as Traytors and banished the Kingdome onely their lives were spared True it is that the packed and over-â—wed Parliament of 21. R. 2. terrified by the Kings unruly great guard of Cheshire Archers fore-mentioned 21. R. 2. c. 12. being specially interrogated by the Kiâ—g how they thought of these answeres of the Iudges sayd That they thought they gave their answeres duely and faithfully as good and lawfull lâ—ige people of the King ought to doe But yet the Parliament of 1 H. 4. c. 3. 4. repealed this Parliament of 21. R. 2. with all its circumstances and dependents revived the Parliament of 11 R. 2. with the judgements and proceedings given against these treacherous temporising Iudges as a thing made for the great honour and common profit of the Realme Besides the e Cooke 9. Rept f. 1. in the Epistle 4. E. 3. c. 14. â—6 E. 3. c. 10. Statutes of King Alfred and Edward the 3. which enact that a Parliament shall be holden once every yeare and oftner if neede be for redresse of mischiefes and grievances which dayly happen strongly intimate that if a Parliament ought in Law to be called as often as need is of purpose to redresse the Subjects grievances and mischiefes then it ought not in point of Law to be dissolved till these greivances and mischiefes f Magna Charta 1556. part 2. f. 164. be redressed else the sommoning of it would be to no purpose and bring a great trouble and charge to the whole kingdome without any benefit at all Moreover the King by his Oath is bound to doe equall justice and right to all his Subjects in all his Courts of justice In Magna Charta c. 29. he makes this Portestation We shall deny nor deferre to no man either Iustice or right and by sundry other g 18. E. 3. Stat. 3. 20 E 3. c. â— Acts all the Kings Iudges are sworne and commanded to doe even Law and execution of right to all his subjects rich or poore without having regard to any person and without letting or delaying to doe right for any Letters Writs or Commandements that shall come to them from the King or any others and shall doe nothing by vertue of them but goe forth to doe the Law and hold their Courts and Processes where the Pleas and matters be depending before them notwithstanding aâ— if no such Letters Writs or Commandements were come unto you The makers therefore of these Oâ—thes and Lawes in dayes of Popery and the Parliaments of 2. E. 3. c. 8 14. E. 3. c. 14. 1. R. 2. c. 2. which Enact That it shall not be commanded by the great seale or little seale to delay or disturbe common right and though such commandments doe come the Iustices shall not therefore leave to doe right in ANY POINT that Iustice and right be indifferently ministred to every of the Kings Subjects did certainely beleeve that the King neither by his great nor privie seal nor by Writ or Letter could without just or lawfull cause assigned prorogue or adjourne the Teâ—me or sitting of any Courts of Iustice much lesse prorogue or dissolve his highest Court and grand Counsell of the Realme the Parliament or disable them to fit to redresse the Kingdomes and subjects severall grievances or secure the Realme from danger Which if he might lawfully doe at his pleasure without the Houses joynt assents there would necessarily follow not onely a deferring and deniall but likewise a fayler of Iustice in the highest Court or Session
7. 17. 3. 4. E. 6. c. 11. 12. 1. Eliz. 1. 2. with sundry more Now â— Lib. 1. c. 8. l. 3. c. 9. f. 107. r polit l. 3. c. 1â— 11. 12. that Parlimentary power which onely can create and conferre on Kings a greater regall Authority and Prerogative then they had before must needs be the Originall and supreame authoritie for as we rightly argue m See 1 Eliz. c. 1. Rastal T it Sewers or Commissioners Rastall Tit. Iustices c. that the Kings Authority is superiour to all other his greatest Officers and subordinate Ministers of Iustice because their power is by Patent or Commission derived from his So we may from the selfe-same reason conclude that the High Court of Parliaments power the representative body of the whole kingdome is the most primitive soveraigne and greatest authoritie of all other yea larger and higher than the kings n Quiâ—quid â—fficit tale est magis tale nemo potest dare quod non habet are true in this case because it onely can enlarge the Kings prerogative whose originall or additionall Royalties proceede not from the king himselfe or his Ancestors owne inherent hereditary power for what king could justly without his peoples consents usurpe a Crowne or lawfull royall Prerogative to himselfe over an whole Countrey but meerely from the voluntary consent and grant of his people in the Parliament This is irrefragably evident not onely by the various o See Alex. ab Alexandro â— 3. c. 2. Facile perspici potest regni multa esse genera nec eandemimperii formam in omnibus esse regibus Regalis potentiae genâ—ra numero sunt quatuoâ— Aristot Polit. l. 3. c. 10. 11. See Dan. c. 8. 11. kinds of kings whereof some are of greater power and authority others of lesse some by Election others by succession by reason of their Subjects originall institution by the diverse alterations of the Monarchy in this kingdome which hath beene sometimes divided into 7. sometimes into 5. sometimes into 3. or two kingdomes and at last reduced unto one by the great changes and alterations made in all forraigne Realmes which have sometimes multiplied sometimes diminished the number and power of their Princes and sometimes quite abolished the royall forme of Government changing it into an Aristocraticall or popular rule by the divine Authority of S. Peter who in this regard calls Kings and their Supremacy a r 1 Pet. 2. 13 14. Alex ab Alexandro Gen. Dierâ—m l. 3 c. 3. l. 4. c. 23. humane creature or Ordinance of man because instituted limited and moulded into severall degrees of power by men over whom they râ—igneâ— by two expresse determinations of Aristotle in these termes s Politicorum l. 3. c 10. p. 209 2â—0 Regna patriis moribus legibus FVNDATA CONFIRMATASVNT And t Ibid l. 5 c â—3 p. 367. Verum Regnum est imperium majoribus praestantioribus viris VOLVNTAT â— CIVIVM DELATVM seconded by v De Officiis l. 2. Caeliâ—â— Rhodi Antiq. Lect l 8. c. 1 Alexander ab Alexandro Gen. Dierum l. 4. â— 23. Livie Hist Rom. l. 1. Sect. 17. p. 14. 15. l. 4 p. 144. 145. Plâ—â—archi Numâ—â—ompilius Tully Livie and others but likewise by Andrew Horne an eminent Lawyer in Edward the 1. his raigne in his Myrroâ—r of Justices Chap. 1. Sect. 2. p. 7. 8. 9. where he thus writes of the originall institution of our English Monarches After that God had abated the Nobility of the Britans who rather used force then right he delivered it to the most humble and simple of all the neighbour Nations the Saxons who came from Germany to conquer it of which Nation there have beene 40. Kings all which held themselves to have COMPANIONS These Princes called this Land England which before was named Greater Britain These after great warres elected from among them a King to Raigne over them to governe the people of God and to maintaine and defend their persons and goods in peace by the Rules of Law or Right And at the beginning they caused the King to sweare that he will maintaine the holy Christian faith to the utmost of his power and guide his people by p See Mathew Paris Speed Holinshed Grafton and others Law without respect to any person and shall be obedient to suffer or undergoe Law as well as others of his people And afterwards this Realme was turned to an heritage according to the number of his Companions who divided the Realme into 38. Counties and delivered each one a County to keepe and defend from Enemies according to every ones estate And although the King ought to have no Pâ—â—res in the Land yet because if the King of his owne wrong should offend against any of his people neither he nor any his Commissaries can be both Iudge and Party OF RIGHT IT BEHOVES that the King should have q Livie Hist Rom. l. 1. Arist Polit. l. 2. c. 8. Goodwins Rom. Aâ—tiq COMPANIONS for to heare and determine in Parliaments all the Writs and Plaints of the wrongs of the King the Queene and their children and of those especially of whose wrongs they could noâ— otherwise have common right These Companions are now called Counts after the Latine Comites and so at this day these Countries are called Counties and in Latine Comitatus c. Henry de Bracton who writ in Henry the 3. his raigne as in his forecited Passages so in others resolves x Lib. 1. c 8. f. 5. lib. 3. c 9 f 07. That the King is under the Law because the Law makes him a King by giving him dominion and power Now how doth the Law thus make him a kâ—ng but by the Parliament the kingdomes great Counsel by whose counsell and consent alone all Lawes were first enacted and yet are as the y Hujusmodi leges Anglicanae cum â—uerâ—m approbatae Sacramento Regis confirmatae mutari non poterunt c. Idem l. â— c. 2 f. 1. 6. same Author informes us who further addes That the King ought to be under the Law because Christ whose Vicar he is on Earth when he came to redeeme mankinde made choyse of this way especially to destroy the workes of the Devill using not the strength of his power but the reason of his iustice and so would be z Gal. 4. 4. â— under the Law that he might redeeme those that are under the Law Thus the Virgin Mary the mother of our Lord who by singular priviledge was above the Law yet to shew an example of humilitie refused not to be a subiect to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater then he in the Kingdome in the exhibition of Iustices yet he OVGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING IVDGMENT if he require it b â—ract â—â—â— 3. c. 9. f. 107. lib. 1. c. 8. f. 5. l.
2 3 4 5. Plato de Republica Bodius Common wealth The Repub of â—undry Nations Aristotle and al other Polititions who hold all formes of Government changeable and revocable without any injustice if necessâ—ry or convenient So likewise â—o the very end for which kings haveregall power as well as other Governours and Governments were ordained to wit their kingdomes peoples m Rom. 14. 1 to 6. 1 Pet. 2. 13. 14. 2 Sam. 5. 12. Aristotle Pol. l. 3. 4. 5. Caelius Rhodig l 8. c. 1. Bracton l. 3. c. 9. f. 107. welfare safety peace protection c. Salus pâ—puli being not onely that Suprema Lex but principall end for which all royall power was instituteâ— by God and man and to which they must submit in case it become in compatible or cannot consist together without dammage or danger to the publike safety what therefore that learned Father Augustine Bishop of Hippo long since resolved touching the now much contested for Lordly State of Episcopacie which he and neere 300. African Bishops more were then ready to lay downe for the Churches peace I may fitly apply to the now over much contended for supposed royall Prerogatives of kings to effect Peace in the State in these times of uncivill military that I say not bloody dissentions raised about them betweene king and Parliament An vero c. n Augustinus de Geftis cune Emerita Donatist Epis Tom. 7. pars 1. p. 782. 783. What verily did ouâ— Redeemer descend from heaven into humane members that we might he his members and shall we leâ—t his very members be rent in pieces with cruell division feare to descend out of our thrones we are ordained BP â— foâ— Christian peoples â—ake what therfore may profit them for Christian peace that let us do with our Bishoprickes Quod autem sum propter te sim si tibi prodest non sim si tibi obest What I-am I may be for thee if it profit thee I may not be if it be hurtfull to thee If we be profitable servants why do we envie theâ— eternall gaines of our Lord for our tempot all sublimities or Prerogatives Our Episcopall dignity will o See all Acts of Repeale and others which alter the common Law See Smiths Common-wealth l. 2. c. 2. 3. be more fruitfull to us if it shall more unite the flock of Christ then disperse it if retained If when I will retain my Bishoprick I disperse the â—lock of Christ how is the dammage of the flock the honour oâ— the sheapheard c. Old statute Lawes yea and the common Law of England may be and oft are repealed and altered by Parliaments though above the king and his Prerogative when they become mischieuous â—â— inconvenient therefore any branches of the kings Prerogative inferiour to these Lawes when they prove grievous or dangerous to the subjects It is the kings own professed Maxime in full Parliamen p At the end of the Petition of Right 3. Caroli Printed and inrolled by his speciall command in all his Courts That the Kings Prerogative is but to defend the Peoples Liberties when therefore it either invades or subverâ— them it may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded The Emperour q See Eutropius Sabellicus Grimston Speed others of his life Otho the first and our king Richard the second as r Speeds History p. 757. some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subiects blood by civill warres and settle peace within theiâ— Realmes and shall not other kings then most joyfully part with some Punctilioes of their reall oâ— branches of their supposed Prerogatives for the selfesame ends if their Parliaments see good cause to resume them and of right may doe it Fifthly The king though he be the chiefe and principall yet he is onely one member of the Parliament and kingdome the least because but one person though the highest branch the Lords and Commons not elected by but assigned Counsellors to the king by the kingdome and people being the greatest and most considerable part as representing the intire body of the kingdome Now common reason Law and experience manifests t See Br. Tit. Corporations that the whole or greatest part in all politique or naturall Bodies is of greater power Jurisdiction then any one particular member Thus in all our t Corporations the Court of Aldermen and Common Councell is of greater power then the Major though the chiefe Officer the Chapter of greater authority then the Deane the Deane and Chapter then the s Keckerman Systema Logic. l. 1. c. 22. BPP the whole Bench then the Lord chiefe Justice the whole Counsell then the President the whole Parliament then either of the Houses and by like reason then the king especially since one of the three Estates is lesser then the three Estates together who in Parliament by the fundamentall Constitions of the Realme are not v See the fuller answer to Dr. Ferne. p. 2. 3. Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination x Quod eorum qui rempublicam gerunt majori parti placueâ—it id est ratum ac â—â—mum Arist Polit. l. 4. c. 8. l. 3. that in an Oligarchie Aristocrasie and Democrasie whatsoever seemes good to the Major part of the Governours of the Common-wealth that is ratified and that it is unfit the part should be above the whole And in all Courts of Iustice Corporations and Elections y Br. Corporations 34. 8. H. 6. c. 7. the major part have alwayes had the greatest sway and constantly over-ruled the lesse though it be but by one casting voyce as is evident to all in the Elections of Knights and Burgesses of and votes in the Parliament in which the z 14. H. 8. f. 3. b. King Lords and Commons by the Common Law make up but one intire Corporation since then even in Parliament it selfe the Major part over swayes the rest yea the king himselfe who hath no absolute negative voyce but onely in refusing to passe some kinde of Bills not all of which more hereafter doubtlesse the whole or Major part of the Parliament which in Law is the whole is above the king the chiefe member of it Which consideration together with the Statutes of 5. R. 2. Stat. 2. c 4. 6. H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himself from the same Parliament till it be fully ended or proroged without speciall license of the Speaker of the Commons to be entred of record in the jornall Booke under paine of amercement losse of wages and other punishment nor * See the manner of holding Parliaments in England newly Printed London 1641 and Dyer f. 60. 2. any member of the upper House without that
houses license under paine a Major Pars est totum Brookes Corporations 34. Smiths Common-wealth of England l. 2. c. 3. â—f inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3. E. 3. 19. Fitz. â—orone 161. and Stamford l. 3 c. 1. f. 153 compleatly answers that fond cavill of the Malignants â—nd Royalists against this Parliament that the king and many of the other members have wilfully â—bsented themselves from the House of purpose to dissolve it if they could notwithstanding the late â—peciall Act made by their joyntconsents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and â—ogicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve â—oth Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these abâ—ent members be the greater number why doe they not come and over-vote the rest in the House in peaceable legall usuall Parliamentary way rather then challenge them into the field in a military â—legall unusuall bloody manner unheard of in former ages If the lesser party then present or abâ—ent the Major part must over-rule them volensnolens as it hath ever used unlesse they will be wilâ—â—ller I cannot say wiser then all their predecessors put together As for his Majesties absence from Parliament by the pernicious advise of Evill Counsellors so Object â—uch insisted on by Malignants I answer 1. That it was without any just cause given by the Parliament Secondly It was much Answ â—gainst their wills who have a See their Messages and petitions to the king to this purpose oft importuned petitioned and used all possible meanes to procure â—is returne 3. His absence was procured and is yet continued by those alone who most unjustly â—axe the Parliament for it and would take advantage of this their owne wrong Fourthly though â—e be personally absent as a man yet he is still Legally present in Parliament called the kings preâ—ence as he is a king as he is in al other his Courts of Iustice where all proceedings are entred b See Camdens Brit. p. 163. which stiles the Parliament the kings presence The Register of Writs Old New Natura Brevium old and new book of Entries Cookes Institures on Littleton f. 71. 6 Coâ—am Rege though the king never yet sate personally in either of them as he hath oft times done in his Parliament for the continuance whereof he hath passed such an Act as will inseperably tye his â—oyall presence to it though his Cavaliers about him should by force withdraw his person from it â—ot onely as farre as Yorke but the remotest Indies yea he must first cease to be king of England ere â—e can be legally absent from his Parliament of England This his wilfull personall absence from â—is greatest Counsell which desires and needes it is as many conceive an Act of the highest in justice â—hat ever any Prince could offer to his Parliament worse then a â— King 12. 2 Chron. 18. Rehâ—boams forsaking the counsell â—f his ancient Sages to follow the hare braind advise of his young Cavaleers for though he followâ—d not their ancient prudent counsell yet he withdrew not himselfe from them as his Majestie â—oth now sever himselfe from his Parliament not onely without but against all prefidents of his â—oyall predecessors except king b Richard the second who once absented himselfe from his Parliaâ—ent above 40. dayes yet then returned to it upon better advise and the very common custome and â—aw of the Land which he is obliged by his Coronation oath and many late protestations added â—o it constantly to maintaine This appeares most clearely by the ancient Treatise of the manâ—er of holding of Parliaments in England both before and since the conquest * See Minshes Dictionary Title Parliament f. 526. tendeâ—ed to and apâ—roved by the Conquerone himselfe newly printed 1641 which in the Section touching the kings â—bsence from Parliament resolves thus The king is BOVND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily â—icknesse and then he may keepe his chamber yet so as he lye not without the Manour or Towne â—t the least where the Parliament is held and then he ought to send for 12. persons of the greaâ—est t Grafton p. 348. 349. 350. and best of them that are sommoned to the Parliament that is 2. Bishops 2. Earles 2 Baâ—ons 2. Knights of the shire 2 Burgesses and 2. Citizens to looke upon his person to testifie and â—itnesse his estate and give A uthority to the Arch-bishop of the place the Steward of England â—nd chiefe justice that they joyntly and severally should begin the Parliament and continue the same â—â— his name expresse mention being made in that commission of the * Note this cause of his absence there â—hich ought to suffice The reason is because there was wont to be a cry and murmure in the Parâ—iament for the kings absence because his absence is hurtfull and dangerous to the whole commoâ—alty of the Parliament neither indeede OVGHT OR MAY HE BE ABSENT BUT ONEâ—Y IN THE CASE AFORESAYD And whereas Malignants clamour that most of the â—ords are absent as well as the king and therefore this can be no lawfull Parliament The same â—uthor will in forme them that if the Lords be once sommoned to Parliament and then appeare â—ot or absent themselves the king may hold the Parliament with the commonalty and commons â—f the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in Engâ—â—nd because he represents a whole county towne or city the other himselfe alone without Bishops â—arles or Barons because in times past before there was either Bishop Earle or Baron yet even â—hen kings kept their Parliaments but on the contrary no Parliament can be kept by the king and â—eeres if all the Commons for the kings misgovernment or such like cause should absent themâ—â—lves This is the judgement of r In Holinsheads Chronicle of Ireland f. 127. 128. Master John Vowel too who writes in this manner Yet neâ—â—rthelesse if the king in due order have sommones all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld â—â— any thing then the king with the consent of his Commons may ordain establish any acts or Laweâ— which are as good sufficient and effectuall as if the Lords had given their consents But on thâ— contrary if the Commons be sommoned and will not come or comming will not appeare or appeâ—ring will not consent to doe any thing alleaging some just weighty and great cause the King in thesâ— cases d Cromptons Iurisdiction of Courts f. 8. 4. H. 7. 18. 7. H. 7. 14. 11. H. 7. 27. Parliament
1. c. 2. 19. H. 6. 63 a. 64. b. 31. H. 8. c. 10. Dyer 60 a. Cookes Institutes on Littleton f. 109. 110. Writers resolve is the most high and abâ—olute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and amorg other Priviledges this is the highest that it is above the Law â—t selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and â—udgements whatsoever of the King or any other Courts of Iustice if they be erronious or illegall not onely without but against the Kings personall consent so far as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realm â—ested in his person that he t Fortescue c. 10. to 1â— Bracton l. 1. c. 8. l 3. c 9. Fleta l 1 c. 5. 17. Brooke Patents 25. 41. 12. 51. 53. 69 73. 100 Prerogative 15. 103. Commissions 15. 16. See Iudge Crooks and Iudge Huttons Arguments against Ship-money Petition of Right 3. Carol. Br. Parliament 42. and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power altar the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever norimpose the least taxe or common charge upon his people nor imprison their persons distraine s Sir Thomaâ— Smith of the Common-wealth of England l. â— c. 1. 2. Holinshed Description of England c. 8. p. 173. Cambdens Brittania p. 173. Iohn Vowels Order and usage how to keepe a Parliament in Holinsheads Chronicles of Ireland p. 101. to 120. Minshewes Dictionary Tit. Parliament their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potestas sua Juris est non Injuriae Nihil â—liud potest Rexin terris niâ—i ID SOLVM QVOD DE JVRE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King v Of the Common-wealth l. 2. c. 10. p. 159. Iohn Bodin that great Lawyer and Polititian resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes â—o all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince be bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as x l. 2. c. 16. f. 34. a. l. 1. c. 8. f. 5. b. Fleta l. 1. c. 17. Walfingham Hist p. 36 37. 40. Bracton and others forecited say our English King hath namely his Earles and Lords thence-stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or of the people he is then no Soveraigne Whence it followes that the Kings of England who cannot make any Law to obliege either all or any of their Subjects nor impose any * Taxes nor repeale any Common or Statute Law but in and by their Parliaments are no absolute Soveraigne Princes as some Royalists and Court Divines most falsly averre them to be but meere mixt Soveraignes inferiour to their Lawes and Parliaments the â—ole Law-makers and Law-alterers though not against but with the Kings assents considered not abstractively as Kings but copulative as a branch and member of the Parliament And indeede to speake impartially though the kings Royall assent y See Sir Thomas Smiths Common wealth of England l. z. c. 1. 2. 3. Holinshed Description of England c. 8. p. 173. Chronicles of Ireland p. 101. 102. M. Hackwels manner of passing B 〈…〉 Sect. 8. p. 74. Brooke Parliament 4. 107. 33. H. 6. 33. 33 H. 8. c. 21. Cromptons Iurisdiction f. 7. b. Br. Parliament 26. 39. 40 41. be generally requisite to passe and ratifie Lawes yet I humbly conceive that the originall prime Legislative power of making Lawes to binde the Subjects and their Posteritie rests not in the kings owne royall person but in the Kingdome and Parliament which represents it For first admit the king should propound any Lawes to his people as kings and Lawgivers usually did at first yet these Lawes would no wayes obliege them unlesse they voluntarily consented and submitted to them in Parliament and the sole reason why our Acts of Parliament binde the Subjects in former times and at this day is not because the king willed them z 4. H. 7. 18. 7. H. 7 14. 11. H. 7. 27. 33. H 6. 17. Bro. Parliament 4. 40. 76. 107. Cromptons Iurisdiction f. 8. but because the people gave their a Bro. Ancient Demesne 2â— 10. H. 7. 20. a. 33. H. 8. c. 17. generall consents unto them in Parliament as Sir Thomas Smith in his Common-wealth of England Holinshed the Prologues to most Ancient Statutes the King by the advise and assent of the Lords Spirituall and Temporall and Commons and at the speciall request of the Commons in Parliament assembled and by THE * See 2. 7. 8. 12. 14. 17. 4. H. 7. AUTHORITY OF THE SAME PARLIAMENT doth grant and ordaine c and all our Law-bookes resolve and that upon this received Maxi ne of Law Quod tangit omnes ab omnibus debet approbari The king doth but like the Minister in Marriage declare it to be a Law but t is the parties consents which makes the marriage and the people onely that makes it â— Law to binde them whence those in a Cook 7. â—â—luins case 7. H. 6. 35. b. Dyer 373. Br. Parliament 98. Scotland Ireland Man Garnsey â—â—â— Jerâ—â—e are not bound by our English Statutes nor we by theirs nor tenants in Ancient demesne because they consented not to them Therefore the chiefe Legislative power is in the people and both Houses oâ— Parliament not in the king as it was in the Roman State Where the b Livy Hist â— 1. 2. Bodin Common-wealth â— 1 c. 10. people had the Soâ—eraigne Iurisdiction of making and confirming Lawes to binde them not their Kings Emperours oâ— Senate as I shall hereafter manifest Secondly this appeares by the case of c Fiz Assise 413. Avowry 74. Praescriâ—â—ion 67. Broo Custome 31. Co. 5. Rep. f. 63. 64. 67. 68 Kitâ—chin 45. 73 â—0 Customes and By-Lawes in Corporations and Manoâ—â—s which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of
basenesse for so many and great Peeres to be subject to a woman and that they were freeâ— of their oath by her marying out of the Realme without their consents and Stephen Earle of Mortainâ— who had no good Title assembling the Bishops and Peeres at London promising to them an amendment of the Lawes according to all their pleasures and liking was by them all proclamed kingâ— whereupon they all toâ—ke their oathes of Allegiance to him conditionally to obey him as their king so long as he should pâ—esâ—rve the Churches Liberties and keepe all Covenants and confirme them with his Charter according to the old proverbe Quamdiâ— habebis me pro Senatore â—go te pro Imperatore All this the king at his Coronation swore and promised to God the people and Church to performeâ— And presently after going to Oxford he in pursuance of his oath there sealed his fore promised Charter of many indulgâ—uâ— favouâ—s the summe whereof was this That all Liberties Customes and Possessions granted to the Church should be firme and in force that all bad usages in the lanâ— touching Forrests exactions and annuall Taxes which his Ancestors usually received should beâ— eâ—â—rnally abolished the ancient Lawes restored prefacing therein d Assensa Cleri Populi in Reg â—e Angliaeelectus Mâ—lm p. 179. That he obtained the Crownâ— by election onely Haec â—â—tem specialâ—ter aliâ—â—ulta generaliter se servaturâ—m juravit sed nihil â—onum quae Deo promiserâ—t observavit writes Mathew Paris Hovenden and Huntingdon Pene omniâ— perperam mutavit quisi ad hoc tanâ—um jurâ—ssâ—â— â—t praevaricatorem Sacramenti se regno toti ostenderet saith Maâ—mesâ—ury * See Speed p. 483. 484. granting those inâ—â—â—â—â—ties rather to blind their eyes than with any purpose to manâ—cle his oâ—ne hands with such paâ—chment chaines Such faith is to be given to the soâ—emnest Oathes of kings But this his perjâ—ry was like to cost him his Crowne his Prelates and Peeres thereupon revolting unto Maude The forme of King Henry the second his Oath I finde not onely I read e Hoveden p. 491. Graft p. 50. that upon his â—oronarion he caused the Lawes tâ— be reformed by advise of discâ—eet men learned in the Law and by his Proclamation commanded that the good Lawes of his grand father Henry should be observed and firmely kept throughout the Realme Whe â—â—ore it is probable he tooke the same oath that he did f Mat. Par. p 147. Hoved. p. 657 Waâ—siâ— â—podigma Neustr An. 1189. p. 45. 46. Speed â— â—â—â— Richard the first succeeding at his Coronation in Westminster Church comming to the High Altar before the Clergie and people tooke this solemne oath upon the Holy Evangelists and many Saints reliques 1. That all the dayâ—s of his liâ—e he would beare peace honour and reverence to God and hâ—ly Church and the ordinances thereof Secondly that to the people committed to his charge he would exercise Right Justice and Eâ—uitiâ— Thirdly that he would abolish naughty Lawes and Customes if any were brought upon his kingdome and would enact good Lawes and the same in good sort keepe and without Mal-engyâ— Which oath most solemnely taken Baldwin Archbishop of Canterbury standing at the Altar forbad him in the name of Almighty God to assume that â—â—nâ—â—r VNLESSE HE HAD â— FVLL PVRPOSE TO KEEPE WHAT HE HAD SWORNE Whereunto Richard ASSENTING and promisiâ—g by Gods helpe to performe all the premises WITHâ—VT FRAVD With his owne hand humbly taking â—he Imperiall Crowne from the Altar delivered it to the Archbishop who set it on his head g Hoveden p. 793. Mat. Par. p. 189. 190. Speed p. 548. 549 550. See Polydore Virgil Holins King Richard deceasing John his younger Brother to put by Arthur the next heire to the Crowne came â—eedily out of Normandy into England where the great assembly at Northampâ—on to preserve their â—ights and Liberties were content to accept of him for their king and yeeld fealty to him to keepe â—ith and Peace to King John upon condition onely if he would restore to every of them their Rights which â—fterwards was the occasion of great dissentions And-comming to London to be crowned Hubert â—rchbishop of Canterbury the Pillar of the Common-wealths stabilitie â—nd incomparable for deepe â—aching wisedome steps forth in the midst of all the Bishops Lords Barons and others there asâ—mbled at his Coronation and spake thus unto them Heare you all you are in discretion to know â—at no man hath right or any other fore-title to succeede another in a kingdome * A strange Archiepiscopall Doctrin unlesse first with invoâ—tion for grace and guidance of Gods Spirit he bâ— BY THE BODY OF THE KINGDOME THEREVNTO CHOSEN and â—e indeede some choyce man and picked out for some â—menencie of â—is vertues according to the example and similitude of Saul the first annointed Kiâ—g whom God set over â—is people though neither the Sonne of a King nor of any royall discent So after him likewise David â—e son of Iâ—sse the one for beiâ—g valorous and a person fitting Royall dignity the other for being holy and â—â—ble minded To shew that whosoever in a kingdome excelleth all in valour and vertue ought to surâ—ount all in Rule and Authority yet so as that if any of the Of spring of a deceased King surpâ—sseth oâ—ers it is fit joyntly to consent in election of such a one This therefore we have spoken in favour of eminent â—arle John who is present the brother of our most illustrious King Richard â—ow deceâ—sed wanting â—â— heire of his body who being provident valiant and truely noble we haviâ—g invocated the grace of the â—oly Spirit have all unanimoâ—sly ELECTED as well in regard of his Merits as of his royal Blood Neither durst any doubt or demurre on these things knowing that the Archbishop had not thus deâ—ned without cause Wherefore Earle John and all men approving this speech they ELECTED â—nd ASSVMFD the Earle for their king and cryed out saying Let the King live But the Archâ—ishop being afterwards demaunded why he had spoken these things answered that he was assured â—â— some divining foresight that king John would worke the ruine of the kingdome corrupt the Crowne â—nd precipitate it into great confusion And that he might not have the reines free to doe this he OVGHT TO BE CHOSEN BY ELECTION NOâ— BY SUCCESSION King John at this â—is Coronation was involved in a threefold Oath namely That he should love holy Church and its Miâ—isters and preserve it harmelesse from the inâ—ursion of Malignants That abolishing perverse Lawes be â—ould substitute good ones and exercise Right Iudgement in the Kingdome of England After which he â—as adjured by the Archbishop in the behalfe of God and strictly prohibited not to presume to accept this â—onour unlesse he fully purposed in his minde actually to fulfill what he had sworne To which he answeâ—ng promised that by Gods assistance he would bona â—ide keepe those things which he
Soveraigne and violently usurped his Crowne at first before any Parliament â—â—ve it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaughâ—â— in Bosworth field was declared an usurper by Act of Parliament 1. H. 7 c. 6. and so adjudged to by 1 E. 4. c. 1. 8. H. 7 c. 1. 9. E. 4. f. 1. 2. and Henry the 7. had the Crowne set upon his head in the â—â—ld by my Lord Standly as though saith s Page 8 â— â—â— Grafton he had beene elected king by the voyce of the people â— in ancient times past in divers Realmes it hath beene accustomed Secondly that those kings who have enjoyed the Crowne by succession discent or election have still taken it upon the condition and covenants conteined in their Coronation Oathes which if they refused to sweare to the Peeâ—â— and people really and bona fide to performe they were not then to be crowned or received as kings â—â— adjured in the name of God to renounce this dignity And though in point of Law t Cooke 7. Report f. 10. 11. Calvins case Marâ—il Patauinus Defen Pacis pars 2. c. 25. those who enjoy â—â— Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent * Littleton sect 378. 379. Cookes Instit Ibid. f. 232. 233. 234. Condition in Law contained in their Coronation Oathes which impose no new but onely ratifie the old conditions â— separably annexed to the Crowne by the Common Law ever since Edward the Confessors dayes if not â—â—fore as the Oathes of all our kings to their people really to performe thâ—se Articles and Condition fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the kiâ—â— pleasure to take or refuse them if he will but necessary and inevitable by the Law and constâ—â—â—sage of the Realme yea of all v Baldus Proaem de Feud n 32. Dr Crakenth defence of Constantine p. 163. to 175. Grimst Imperiall Hist p. 653. Christian kingdomes whatsoever which prescribe like Oathes to tâ—â— kings From all which I may firmely conclude that the whole Kingdome and Parliament are â—â— Supreame Authoritie and Paramount the king because they may lawfully and doe usually prescrâ—â— such conditions termes and rules of governing them to him and binde him by Oath faithfully to perfoâ—â— the same as long as he shall continue king which oath our kings usually tooke or at least faithfuâ—â— promised to take to their Subjects in ancient times before ever they did or would take an Oath â— fealty homage or Allegiance to them as the premises evidence Claus Rot. 1. R. 2. M. 44. Tenthly Our Parliaments and kingdome anciently in times of Popery and Paganisme â—â— both challenged and exercised a Supreame power over the Crowne of England it selfe to transfeâ—â— it from the right heire and setled it on whom themselves thought meete to elect for their King â—â— likewise to call their Kings to an account for their misgovernment and breach of Oath to the prejudice of their people so farre as to article against them and either by force of Armes or a judicâ—â— sentence in Parliament actually to depose them and set up others in the Throne as many * See Fortescue c. 12. to 15 Iohan. Mar. de Rege Regis Instit l. 1. â— 7. 8. 9. foreciâ—â— presidents together with the examples of Archigallo and Emerian two ancient British Kings and Edwin King of Mercia deprived of allhonour and Kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression misgovernment and vicious lives and others elected and made Kings their places evidence which Acts of theirs they then reputed just and Legall Those Parliament then and Nationall Assemblies which have thus disposed of the Crowne and Kings themselves and exercised such jurisdiction over them must certainely be above them and the highest Soveraingâ— power True it is our Protestant Peeres Commons and Parliaments never challenged nor exercised such jurisdiction and I presume they will never doe it However it is neither honourable nâ—â— safe for Kihgs and the most destructive policy their ill Counsellours can suggest unto them so faâ— to oppresse their Subjects or exasporate their Parliaments as to provoke them to use the extremity x See p. 4. 5. 6. their power and revive dead sleeping presidents the consideration whereof when they were fresh mâ—â— succeeding Kings more just and moderate in their governments and reclaimed many Vitious and Oppressâ—â—â— * See Mat. West Jeofry Monmouth Polych Fab. Graft Holin Speed in their lives Princes as Archigallo and others witnes for their reliefe We know what Solomon saith y Eccles 7. 7. Surely â—â—pression maketh a wise man mad and if Kings or their evill Instruments shall so farre mad their Subject and Parliaments either by oppressions rapines misgovernment destroying making warre upon them putting them out of their protections as to make them cry out as they did against King Iohn z Mat. Par. p. 264. 265. 268. Grafton p. 111. 112. Bishop Bilson part 3. p. 480. Rex Iohâ—nes factus est de Rege Tyrannus imo de homine in â—estialem praerumpens feritatem Veâ— tibi Iohanni Regâ— ultime Anglorum Principum abominatio Nobilitatis Anglicanae confusio Heu Anglia vastata â— plius vastanda c. Whereupon presently ensued a Nolumus hunc regnare Tandemque decretum â— ut aliquem potentem in Regem eligerent per quem possint ad possessiones prisâ—inas revâ—cari credentes â— nuâ—lus Iohanne peior vel durior possit dominari tale miserabile statuentes argumentum Fortuna miserima tuta est Nam timor eventus deterioris abest Cumque aliquandiâ— quem eligerent â—aeâ—itâ—ssent demum in hoc pariter consensâ—runt ut Ludovicum filâ—â— Philippi Regis Francorum sibi praeficerent ipsum in Regem Angliae sublimâ—rent Which they did King Iohns their owne and the whole kingdomes great prejudice We know what the ill advise of Râ—â— boams rough young Counsellors produced 2 Chron. 10. And the King answered the people roughly â—â— the advice of the young men saying My father made your yoake heavie but I will adde thereto â— * See 2 Chro. 10. 11. father chastised you with whips but I will chastise you with scorpions And when all Israel saw that â— king would not harken unto them the people answered the King though he came to the crown by succeâ—â— on saying What portion have we in David and we have none inheritance in the Son of Iesse every maâ— your tents O Israel and now David see to thine owne house So all Israel went to their tents and eleâ—â— Ieroboam for their King and fell away from the house of David to this day being never after united to â— but continuing a distinct Kingdome from it wherefore the best policy Kings can use to perpetuate their Thrones to them and their Posterity is to â—â—â—at their Subjects so
by Parliament and violently pâ—t to death though the Kings highest Officer and darling Minions o Walsingham Holinsh Speed Grafton Stow in 11 R. 2. c. 1. 6 7. Froysards Chron. part c. 97. Michael De La Pole wiâ—h other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peereâ— in Parliament together with Trisilian Belknap and their fellow Judges who misadvised him in point of Law p Hall Stow Speed Holinsh Grafton Fox in H. 6. Humphâ—ey Duke of Glocester Protector to King Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered q Hall Holi Grafton Stow in H. 8. Cardinall Wolsey that powerfull favourite â—o King Henâ—y the eight accused and put from his Chancellorship and other Offices by the Parliament r Fox Speed Holinshed Stow Grafton in Ed. 6 The Duke of Sommerset Lord Protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Depuâ—y of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our Stories and Records Nay Queenes themselves have undergone â—he censures of Parliament of which we have sundry precedents in Å¿ See Fox Hall Speed Holinshed Grafton in his life 28. H. 8. c. 7. p. 35. p. 8. c. 1. King Henry the eight his Reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to mention the Parliaments Soveraigne Power and Jurisdiction t Matth. Paris p. 560. 562. 933 934 935. Speed p. 750. Grafton p. 188 189. 240 241. 221 222 223. The severall Acts for Subsidies and Rastal Warre Truce Armes Money Mint Musters Taxes Tonnage Poundage The Parliaments two Remonstrances concerning the Militia Câ—oks Instit on Artic Super Chartas in Making or proclaiming warre or Peace in which they have oft tiâ—es not onely advised but overswayed the King in creating the highest Officers in Ordering the Militia of the Kingdome by Sea and Land by setled Lawes of which more an on or in ordering the coyne and Money of the Land together wâ—th the Mint or designing how the Subsidies and Aydes granted by them to the King shall be disposed of to the Kingdomes use of which there are sundry precedents All which are strong See Bodines Commen wealth l. 1. c. 10. evidences of its Soveraigne Authority together with the Acts concerning his Purveyance and all Revenues royall Nor yet to remember this infallible Argument to prove Kingdomes greater and more valuable then Kings that Kings as publique Servants to their Realmes ought to hazard their lives for their Kingdomes safety and preservation as many have done in waâ—â—es against enemies but never ought the whole kingdome to be lost or hazarded to preserve its Kings Pâ—erogatives that of John 11. 48 49 50. and chap. 18. 14. being an undoubted rule in Divinity and Policy * That it is expedient that any one man though a King should dye for the people that the whole Nation perish not rather then the whole Nation dye for him There is one cleare Demonstration yet remaining to prove the Supreame power of Parliaments above Kings themselves which is this That it is the highest Court and power to which all x See Sir Thomas Smiths Common wealth l. 2. c. 1. 2. Holinsheds Description of England c. 8. p. 173 and Chronicles of Ireland p. 127. to 130. Cromptons Jurisdiction Appeales are lastly and finally to be made from all other Courts and Judges whatsoever yea from the Kings owne personall resolutiâ—ns in or out of any other his Courts and such a transcendent Tribunall from whence â—here 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 Realme or in the Parliament in Ireland it is finally to be reversed oâ— determined in Parliament by a Writ of y 1 H. 7. 1. Br. Parliament 92. 98. Error 65 88. 137. See Ash Error 65 66 67 68 70. Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Delegates 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 remediabâ—e 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 But if the Parliament give any judgement There * See 22 E 3. 3 Error 8. 8 H 4. 12 13 can be no Appeale to any higâ—er 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 z 21 R. 2. c. â— to 15. 1 H. 4. c. 2 3 4. 8 H. 4. 12 13. See 1 Mariae c. 1. 1 Eliz. c. â— 3. 21 Jac. c. 28. And all Acts for restitution in blood of Persons Attainted and Acts of repealing Sâ—atutes Bracton l. 1. c. â— Attainders of Treason by or in Parlâ—ament by all inconveent and unjust Actâ— 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 fâ—om the King but onely by an Act of repeale or restitution in bloâ—d by another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to wâ—om the last appeale is to be made is the Supreamest power as the a See Ashes Tables Error 65 66 67 68 69 70. Kings Bench is above the Common Pleas the Escâ—equer Chamber * See Matthew Paris p. 268. Legimus quod multi alâ— Reges imo Reguli usque ad mortem dimicaâ—unt c. 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 b Bodin l. 1. c. 10. Summa Angelicâ— Rosella Tit. Appellatio Lindwood lib. 2 de Appellationibus Fox Acts and Monuments Vol. 1. p. 448 449. 452. 506. 24. H. 8. c. 12. All Papists and Protestants
in their Controversies of the Popes Supremacy of general Councels 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 c See Grafton p. 512 513. 161. Matthew Paris p. 954. Fox old Edition p. 508. 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 d See Hoveden p. 724 725 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 finall Judges of it Not to give you aâ—y instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our e Walsingham Hist p. 514. Speed p. 647 648. Kings Edward the first King John f Matthew Paris p. 273. 274 275. condemned to death by a Parliament in France by French Peeres for slaying his Nephew Arthur trecherously with his owne hands and likewise to lose the Crowne of England Henry the third 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 repeate the i pag. 5. forementioned precedents how the Lords and Commons when the Title to the Crowne hath beene in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by compeâ—itors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the * See Matthew Westm Fabian Grafton Holin Kingdom Lords and Commons then disposed of the Crowne in cases of minority want of Heâ—res misgovernment and câ—ntroversies abâ—ut the Title to the Crowne * Polichron l. 6. c. 18. Speed p. 399. See Grafton and Holinshed accordingly Canutus after the death of King Edmond Anno 1017. claiming the whole Realme against Edmonds Brethren Sons referred his Title upon the agreement made between Edmond and him foâ— this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of fealâ—y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmesâ—wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10â—0 Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxfoâ—d who gave their voyces to Harold there present and presently proclaimed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying * Huntindon l. 6. Polychron l. 6. c. 18. Speed p. 410. Matthew Westâ—n An. 1042. p. 415. Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harolds death enacted by Parâ—iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none oâ— the Danish blood should any more Reigne over them was elected King and declared â—ight Heire to the Crowne Anno 1126. k Hoveden Hunâ—ingdon Matthew Westminster Matthew Paris Walsingham Polychronicâ—n Fabian Anno 1126. Speed p. 477. See Hoâ—inshed Grafton Stow Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to fucceed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English Blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to â—er As much as in them lay after King Henries death if â—e dyed without issue male to establish â—er Queene â—f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyseâ—â—us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres â—o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris â— 82 83. Speed p. 497. Hoveden p. 490. Hunâ—indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty â— Walâ—ingford where by the advise of the Lords they made this accord That Stephen if he would should â—eaceably hold the kingdome during his life and that Henâ—y should be his adopted Sonne and Successor enjoy â—he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should â—weare that Henry after the Kings death if he suâ—vived him should Pâ—ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parlâ—ament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the Kingdome In the 8. and 25. E. 3. there was a m 25. E. 3. Parl 2. in the Statuts at large doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should inâ—erit lands in England The King to cleare all doubts and ambiguities in this case and to have the Laâ— herein reduced to ceâ—tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliamâ—nt in the 25. yeare of his Raigne to deliberaâ—â— of this point who with one assent resolved That the Law of the Realme of England is and alwayes hath beene such that the children of the Kings â—â— England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a special Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a * Cooke l. 7. The Princes case Parliament 11. E. 3. this
other and all attainders and Acts against him by Edward the fourth and King Richard s Grafton p. 856. this Parliament annibilated After him King Henâ—y the eighth to ratifie his divorce from Queâ—ne Katherine caused it to be confirmed and his t Sp. p. 1028. Marriage with her to be utterly dissolved by Act of Parâ—iament and by u 25 H. 8. c. 22. 26 He. 8. c. 13. 28 H. 8 c. 7. 35 H. 8. c. 5. See Hall sundry Acts ratified his subsequent Marriages and setled the descent of the Crowne to â—is posterity somewhat different from the course of the Common Law which Statutes were afterwards altered â—nd the descent of the Crowne setled by other speciall Bils in Parliament both in x 1 Mar. c. 1. Parliament 2. c. 1. 2. 1 Eli. c. 3. 13 Eliz. c. 1. Queene Maries and Queene Elizabeths Reignes Whose Titles to the Crowne were setled and in some sort created by the â—arliament By the notable Staâ— of 13. Eli. c. â— worthy reading for this purpose it is made no lesse then high Treason â—o affirme That the Queene WITH and BY THE AUTHORITY OF THE PARâ—IAMENT of England is not able to make Lawes and Statutes of sufficient force and validity to binde liâ—it restraine and governe all persons their Rights and Titles that in any wise may or might claime any interest or â—ossibility in or to the Crowne of England in possession reâ—ainder inheritance succession or otherwise howsoever â—nd all other persons whatsoever King Edward the sixt Queene Elizabeth and other our Princes holding â—heir Crownes by a Parliamentary Title rather then by the course of the * See Cooks Institut Littlei f. 15 16. Common Law which this â—tatute affirmes the Parliament hath power to alter even in case of descent of the Crowne It is observable that the Statutes of 25 H. 8. c. 22. 28 H 8. c. 7. and 35 H. 8. c. 1. doe not onely Nulâ—â—fie some of this Kings marriages and ratifie others of them declaring some of his issues legitimate and herediâ—ble to the Crowne others not and appoint the Queene if living to be Protector of the infant King or Queene â—at should inherit the Crowne or such of the Lords as the King by his last will should designe But likewise preâ—cribe strict Oathes for every Subject to take to maintaine the Succession of the Crowne as it is limited â—y those Acts which Oathes for any to refuse is made high Treason or to write or speake any thing aâ—ainst the Succession of the Crowne as it is therein limited And withall they derive a plenary authority â—â— the King who thereupon * 35 H. 8. c. 1. acknowledgeth the great trust and confidence his loving Subjects had in him â— putting in his hands wholly the Order and Declaâ—ation of the Succession of this Realme by his Letters Patents â—der his Seale or his last will in writing signed with his â—and for laâ—ke of issue lawfully begotten of his boâ—â— to * 28 H. 8. c. 7. 35 H. 8. c 1. give limit assigne appoint or dispose the imperiall Crowne of the Realme to what person or persons â—d for such estate in the same and under such conditions as it should please his Majesty The Parliament therein â—omising by oâ—e common assent to accept take love dread and obey as their legall Governours and Supreame â—ads such person or persons onely as the King by auâ—hority of those Acts shâ—uld give the Crowne unto and â—olly to stâ—cke to them as true faithfull Subjects Provided that if any of his Children or Heires afterward â—d usurâ—e one upon the oâ—her in the Crowne of this Realme or claime or challenge the said Imperiall Crowne â—â—erwise or in any other course forme degree or condition then the same should be given disposed or liâ—ted unto them by the King by verâ—ue of those Acts. Or if any person or persons to whom it should please â—â— King by authoâ—ity of those Acts to dispose the said Crowne and Dignity of this Realme or the Heires of any â— them should at any time hereafter demand challenge or claime the Crowne of this Realme otherwise or in â—y other course forme degree or condition then the same should be given disposed and limited unto them by â—â— King by verâ—ue and authority of these Acts That then all and singular offenders in any of the premises â—ntrary to these Acts and all their Abettouâ—s Maintainers Factours Counsellours and Aiders therein shall be â—emed and adjudged HIGH TRAYTORS TO THE REALME and that every such â—ence shall be accepted reputed and taken to be high Treason and the offenders therein their ayders c. â—â— every such offence shall suffer such judgement paiâ—es of death losses and forfeitures of Lands Goods and Priâ—ledges of sanctuary as in any cases of high Treason And over that as well the Kings said Heiâ—es and Children every such person and persons to whom the Crowne should be limited as aforesaid and eâ—ery of their Heires â—â— every such offence above specified by them or any of them to be committed shall lose and forfeit as well all such â—ight Title and interest that they may claime or challenge in or to the Crowne of this Realme as Heires by â—scent or by reason of any gift or Act done by the King for his or their advancement by authority of those Acts by any manner of meanes or pretence whatsoever And the Statute of 35. H. 8. c. 1. which entailed the Crowne upon Queene Mary after Edward the 6. his decease without issue hath this proviso That if the said Lady Mary doe not keepe and performe â—â— conditions as King Henry by his Letters Patents or last Will in writing should hereafter declare and limit â—â—â— said estate in the Imperiall Crowne That then and from thenceforth the said Imperiall Crowne shall beâ— come to the Lady Elizabeth and the heires of her body lawfully begotten in such like manner and forme aâ— thâ—â— the said Lady Mary were then dead without any â—eires of her body begotten any thing in this Act contained â— the contrary notwithstanding And the like proviso there is for Queene Elizabeth That if she performe not â—â— like conditions limited as aforesaid to her estate in the Crowne That then the said Imperiall Crowne shall â— and come to such person or persons as the King by his Letters patents or last will shall limit or appoint By â— which Acts worthy reading and consideration the Parliaments Supreame power of setling and disposing the descent and inheritance of the Crowne and giving Authority even to the King himselfe to â—â—pose of it upon condition on paine of forfeiture as aforesaid which the King alone had no right nor poâ—er at all to doe will easily appeare to the most malignant Spirits In the first y â— Jac. c. 1. Parliament of our late King James the first Bill then passed was an acknowledgemâ—â— and confirmation of his immediate lawfull and undoubted succession and right to
doe both â— point of Law Divinity conscience resist the highest powers because they resist the Parliament and â— shall receive damnation to themselves for it either here or hereafter if they repent not which I seriously â—sire all those Delinquents Papists Malignants ill Counsellers and Cavaliers to consider who conâ—ary to severall Orders and Declarations of Parliament yea contrary to the Law of God of Nature of the â—ealme have like unnaturall Vipers taken up offensive Armes against the Parliament and Kingdome to â—ine them with our Religion Lawes and Liberties at once Thirdly Hence it followes that the Resolutions and Declarations of the Lords and Commons in Parliaâ—ent the supremest Court against the Commission of Array Arming of Papists raising of Forces impoâ—g Taxes to maintaine Warre against the Parliament plundering and the like ought to be obeyed and subâ—itted to as lawfull and binding both by the King himselfe the Kingdome and every private Subject â—hatsoever and that the Kings extrajudiciall and illegall Declarations out of Parliament in direct oppoâ—ion and contradiction to the resolutions and Votes of both Houses in Parliament ought not to be obeyed â—e King himselfe as our Law Bookes resolve being no t 8 H. 4. 13. b. 24 H. 8. c. 12. 52 H. 3. c. 1. 25 H. 8. c. 21. Cookes 1 Institutes on Mag. Charta f. 103. See here p. 14. 34. competent Judge especially out of his Courts â—hat is Law or what not in those Cases but the Parliament onely Which extrajudiciall new device of conâ—olling affronting the Resolutions and Declarations of both Houses by opposite Proclamations and â—â—clarations published in his Majesties name is such a transcendent violation of and contempt against â—e knowne priviledge the sacred venerable Authority and power of Parliaments as I am confident â—â— age can parallell and if not severely vindicated by exemplary punishments of the highest nature upâ—â— those ill Counsellors and corrupt Lawyers who contrive and pen them will bring this Highest greaâ—st and most honorable Court wherein the u 31 H. 8. c. 1 1 Jac. c. 1. Dr. Student 44. a. whole Kingdome and every member of it are represented into â—eater contempt and lesse estimation with all men whether Natives or Forainers then the basest Court â—â— Pipouders is No King nor Subject ever yet attempted such affronts against the Resolutions of any Judâ—s in inferiour Courts Let no person whatsoever then presume by pen or tongue any longer to aâ—â—igne or traduce the Resolutions and Ordinances of this highest Tribunall If Kings or Counsellors of â—ate willinstruct or excite the Subjects peremptoâ—ily to disobey and contemne the Ordinances the â—udgements of the Parliament let them never expect the least obedience or submission to any of their â—wn commands which are of lesser credit and Authority Fourthly That the Parliament and whole Kingdome being the highest power or any Member of â—â—e Parliament cannot by any publicke Acts or Votes of theirs consented to in Parliament become Trayâ—â—s or guilty of high Treason against the King either by the Common Law oâ— the Sâ—atute of 25. Ed. 3. b page 4 5. â— 2 of Treasons which running in the singular number If A MAN c. that is any private man â— men by their owne private authority shall levy warre against the King c. it ought to be judged high â—reason extends not to the whole Kingdome or Court of Parliament representing it of which no treaâ—n was ever yet presumed and by this very act is made the Judge of all Treasons that are doubtfull being â—ver yet included within the words or meaning of any Law concerning Treasons and therefore cannot be â—ilty of it Hence the depositions of a Graf parâ— 6. p. 62 63. Galfredus Moâ—â—â— Fabiaâ— Polychr others Archigallo and Emcrianus two ancient British Kings by the unaniâ—ous assent of the Lords and Commons for their rapines oppressions and Tyranny with other forenamed Saxâ— Kings and of Edward the second Richard the second Henry the sixth Edward the fourth by Acts â—â— Parliament the creating of Richard the third King and the frequent translations of the Crowne from â—e right heire at Common Law to others who had no good title by the whole Kingdome or Parliament â—o lesse then c Bracton l. 2 Glan l. 2. f. 112 Myrror c. 1 sect 4. Britton c. 8. f. 16. c. 22. f. 39 25. E. 3. â— 2. See Rastal â—rote Staâ—â—f Crompt Dalton in their Titles Chapters of Treason high Treason in private persons was never yet reputed much lesse questioned or adjudged â—igh Treason in the whole Kingdome or Parliament or any chiefe active Members in these Parliaments which being above the King are uncapable of Treason for any their judiciall actions and resolutions in such cases being onely Tortious and Erroneous reversible by other Acts in Parliament not Trayterous and Rebellious as appeares by all the forequoted Statutes and by 13 Eliz. c. â— which makes it high Treason d page for any person to affirme That the Queene by Authority of the Parliament of England is not able to make Lawes e Walsingham Holin Graf Sto. Speed Martyn Fab. Polychro in 21 R. 2. 11 R. 2. c. 3 4. 21 R. 2. c. 12. and Statutes of sufficient force to alter limit and binde the Crowne of this Realme and the descent limitation inheritance and government thereof And for direct Authorities in this very point Robert Tresylian and Belknap then chiefe Justices Holt Fulthorpe and Burgh Judges Locton Kings Sergeant and Blake the Kings Counsell in the Parliament oâ— 1â— Rich. 2. were condemned executed and banished the Realme as guilty of high Treason onely for affirming under their hands and seales f See the particulars more at large in 21 R. 2 c. 12. That the Duke of Glocester the Earles of Arundell aad Warwicke were and that other Lords and Commons might be guilty of high Treason for procuring a Commission and other proceedings in Parliament and be punished for it as Traytors Which opinion of theirs being afterwards affirmed for Law in a packed Parliament 21 Rich. 2. was the very next Parliament in 1 Hen. 4. c. 2 3 4. repealed and the judgement given against those Judges for this Trayterous opinion tending to the utter subversion of Parliaments resolved and enacted to be just This g See 1 H. 4. c. 3. and here p. 13. Judge h Spee p. 747 Belknap foresaw and therefore was unwilling to put his Seale to this opinion Saying There wanted but a hurdle a horse and halâ—â—â— to carry him where he might suffer the death HE HAD DESERVED for if I had not done this â— should have dyed for it and because I have done it I DESERVE DEATH for betraying the Lords Which makes me wonder at a passage in i Hist p. 675 Speed who records it now frequent in Malignants moutheâ— That the very shop where the Barons originall Treasons were forged was THE PARLIAMENT HOUSE wherein from time to time they
forced on the King Edward the second presumptuous anâ— TREASONOUS ORDINATIONS not onely to reforme the Kings house and Counsell and tâ— place and displace all great Officers at their pleasure but even claim a joynt interest in the Regiment of the Kingdome together with the King which William Inge a Judge of the Common Law with other like sticklers trayâ—erously perswaded them was according to Law which grosse slander of the Parliament House would have beeâ— capitall at least in former ages and may now indanger the heads of those who speake or write the samâ— of the present Parliament Never did any of our Kings charge any Parliament with high Treason hither to much lesse indict or wage warre against the Parliaments as Traytors which questioned or deposeâ— them for offences against the Kingdome Let none then dare affirme that the Houses of Parliament are or can be Traytors now for providing for their owne and the Kingdomes safety Fifthly That to conspire or levy warre against the Parliament or Kingdome to dissolve or destroy it or the Members of it is no lesse then High Treason as hath beene solemnely adjudged in Parliament 15 E. 2. in the Act entituled Exilium Hugonis le de Spenser in 11 Rich. 2. c. 2 3 4. and in the Parliament Roll Printed by Order of both Houses August 27. 1642. And before both these in k Lib. 14. sect 112. Stamf. l. 1. c. 2. f. 1. b. and Cromptons Juâ—isdict f. 73. Glanvil who declares it to be Treason even at the Common Law Si quis machinatus fuerit vel aliquid fecerit in SEDITIONEM REGNI agreeable to l Instit l. ult Tit. 8. Vlpian and the m Tit. 3. Saxon Lawes which informe â—â— of Treasons against the Common-wealth and Kingdome the case of n Ciceâ—o Orat. in Catil Cateline and o Liv. hist l. 23. sect 17. others as well as against the King and to the Statute of 13 Eliz. c. â— which makes it High Treason for any person to stirrâ— up aâ—y Forainers or strangers with force to invade this Realme or Ireland And if it be no lesse then high Treason against the King to slay the Chancellour Treasurer or any of the Judges or Justiceâ— of either Bench Eyer Assizâ— or Oyer and Terminer being in their places doing their Offices though by the Kings command as is cleare by 25. E. 3. c. 2. and all our Law Bookes then much more must it be high Treason against the King and Kingdome to warre against the highest Court of Parliament or slay any member of it for doing theiâ— Offices and executing the Houses just Commands as I shall in due place more fully manifest In briefe the Gun powder plot in 3 Jacobi to blow up the Parliament House was then adjudged resolved by the Parliament * 3 Jac. c. 1 2. 4 5. in his Proclamations for apprehending those Traytors The proceedings against Traytors Spee hist p. 1248. to 1257. King and Judges to be high Treason not onely against the King but Parliamenâ— and Kingdome too and to blow up or assault the Parliament now in the Kings absence is question leâ—â— high Treason both against the King Parliament and Kingdome Yea the statute of 28. H. 8. c. 7. declares those Who shall claime the Crowne even of right in any other manner then it limited by vertue and authority of that act after the Kings death with all their Counsellors and abettors to be deemed and adjudged HIGâ— TRAITORS TO THE REALME not the King and such their offence to be repâ—ted HIGH TREASON and they for it to suffer such paines of death and forfeiture of Lands anâ— Goods as in any cases of high Treason is used And I read in * Par. 7. p. 186. Fabian that Eguiran chiefe Counsellor to Philip the third of France was judged to death and hanged on the Gibbet at Paris for Treason against King Philip and the REALME OF FRANCE as our powder Traytors were executed for high Treason against the King and Realme of England And by the Statutes of 5. R. 2. c. 6. II R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Sâ—a 2. c. 6. 1. Mariae c. 6. certaine offences are declared and made high treason and the committers of theâ— Trayters and enemies not onely to and against the King but likewise TO AND AGAINST THâ— REALME and in particular the illegall indicting of some Lords to destroy them as guilty of High Treason for procuring a Commission in Parliament supposed prejudiciall to the King and his Crowne 10 R. 2. c. I. and the opposing and annulling of that Commission and of some Processe Judgements Executions made given and affirmed in some of those Parliaments raising forces and leâ—ying warre against the Parliament and Members of it to destroy them were then * See Walsingh Holinshed Fabian Grafton Stow Speed in 10. 11. R. 2. 21. R. 2. c. 12. adjudged High Treason both against the King and THE REALME though done by the Kings expresse Commission and command The reason is because the King in judgement of Law * See here p. 20 21. 22. is ever legally present in and with his Parliament when they sit as I have already proved where ever his person is and his royall legall will of which alone the Law takes notice is ever presumed to concurre with his greatest Councell the Parliament against whose Priviledges safety and protection he neither can nor ought by Law or right to attempt any thing and if any personall Commands or Commissions of the King under his great Seale to doe ought against Magna Charta the Subjects liberty safety property the Parliaments Priviledges the Common or Statute Lawes of the Realme all which expressely prohibit the levying of warre killing wounding murthering imprisâ—ning disinâ—eâ—iâ—ing robbing or plundering of the Subjects without legall triall or conviction as dâ—e the Statutes of 2 R. 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers especially the Welshmen issue out to any person or persons whatsoever especially to raise forces on levie warre against the Parliament or Subjects they are meerely void in Law and will rather aggravate then extenuate the guilt of those who obey or execute them as is clearely resolved not onely by 42. Ass p. 5. 12. Brooke Commissions 15. 16. Cooke b. 5. f. 50. 51. l. 7. f. 36. 37. l. 8. f. 125. to 129. but likewise expressely adjudged and enacted by the Statutes of 15. E. 3. Stat. 1. c. 1. 3. 42. E. 3. c. 1. 3. 11. R. 2. c. 1. to 6. 21. Jac. 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 byall Statutes concerning * See Rastals abridgement Tit. Purveyors Purveyors by the memorable old Statute of 25.