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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A89705 No Parliament without a king: or, The soveraigns person is required in the great councels or assemblies of the state, aswell [sic] at the consultations as at the conclusions. 1643 (1643) Wing N1186; Thomason E87_3; ESTC R19245 6,191 15

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Monast de belle Abbotts Earles and Barons of the Kingdome sate daily himselfe and heard all the debates concerning the Liberties and Charters of Batteli Abbie the interlocutory speeches aswell of the King as the Lords and parties are at full related in a Register of the Church The suit between the Church of Lincoln and S. Albans Regist Linc in praesentia Regis H. Archi-episcoporum Episcoporum omnium Angliae comitatum Baronum Regni was at Westminster debated and ended and had the love of memory and truth bin a Protector to the publick Records of the State as the awe of the Clergy censure was a guard to theirs in tempesteous times we had not been left to the friendship of Munks diligence for example in this kind At Lincolne the Archbishop some Bishops but all the Earles and Barons of the Kingdome Vna cum Rege Joanne congregati ad colloquium de concordia Regis Scotiae saith a Register of that Church This use under King Hen. 3. needeth no farther proof than the Writt of Summons then as some report framed expressing both the Kings mind and practise It is Nobiscum prelatis magnatibus nostris quos vocari fecimus super premisses tractare consillium impendere which word Nobiscum implyeth plainely the Kings presence What the succeeding practise was from the 15th yeer of Edward the fourth the proper Records of this Inquiry the Journall Bookes being lost I am enforced to draw from out the Rolls of Acts wherein sometimes by chance they are remembred Edw the second was present in Parliament the fifteenth yeer of his Raign at the complaint against the Spencers and at a second Parliament that yeer for the repeale of their banishment In the fourth of Edward the third the KING was present at the Accusation of Roger Mortimer but not the triall and the next yeere in the Treaty of the French Affairs Rot. Parl. 4. Rot. P. 5. In the sixt yeer Intererat Rex in Causa John S. De Gray Gulielm De La-Zouch and the same yeer 2. Die Parliamenti the King was present at the debate about his Voyage into Scotland In the fifteenth yeer the King in the Painted-Chamber sitting with the Lords in Consultation the Archbishop after pardon prayes that for better cleering himselfe he may be tryed in full Parliament which was granted In the seventeenth in Camera alba now called the Court of Request Rex cum magnatibus convenimet comunes super negotiis Regni In the tenth yeer of Rich the second the King departed from the Parliament in some discontent when after some time Lords were sent to pray His presence and to informe His Majesty that if he forbore his presence amongst them forty dayes that then ex antiquo Statuto they may return absque domigero Regis to their severall home Henry the fourth begun his first Parliament the first of Novemb. and was the 27th day of the same Moneth 〈◊〉 debate about the Duke of Brittaine the thirtieth day the cause of the Archbishop was before him proposed onely The third of November he was at the debate whether the Commons had right of Judicature yea or no. On the tenth he was with the Lords in their consultation about the expedition against the Scots the Creation of the Duke of Lancaster and the prohibition of a new Sect from entring this Kingdome some Ordinances were at this time consulted of concerning the Stapples and the sentence against Haxey after dispute revoked This KING began bis second Parliament the twentieth of January and on the ninth of February was present to make agreement betwixt the Bishop of Norwich and Thomas of Erpingham On the twentieth day of the same Moneth he was present at Councell for suppressing of the Welsh Rebells for revocations of stipends and concerning the Priors Allens On the twenty six they advise before the King of the Sestertian Order On the second of March of the Statute of provisions the Keeper of the privy Seale and relieving of the two Universities On the ninth of March the mediate before the King a Reconciliation betwixt the Earle of Rutland and the Lord Fitzwaters He also began a Parliament in his first yeer upon the tenth of January and the eighteenth they advise before the King of guarding of the Seas and the Welsh Rebellion On the eight of February the Earle of Northumberland is charged before the King and in his presence and by his permission divers of whom he knew no harme were removed from the Court. The next day at the Petition of the Commons he tooke upon Him to reconcile the Earles of Northumberland and Westmerland And on the twenty two of Feb Of Northumberland and Dunbar In a Parliament of the twenty seventh of Hen. 6th A challenge of Seat in Parliament betwixt the Earles of Arundell and Devonshire was examined and appointed by the King with the advise of the Lords In that great Capitall Cause of the Duke of Suffolke 28. H. 6. I find not the King once present at the debate but the Duke appealing from his triall by Peerage to the King is brought from out the House of Lords to a private Chamber where the King after the Chancellor in grosse had declared his offence and refusall Himselfe but not in place of Judgement adjudged his banishment By the Rolls of Edw the fourth It appears that he was many dayes besides the first to last in Parliament and there are entered some Speeches by him uttered but that of all the rest is most of marke● the report or then present tells it thus of the Duke of Florence and the King Tristis disceptatio inter duos tantae humanitatis Germannos Nemo arguit contra Ducem nisi Rex nemo respondet Regi nisi Dux Some other testimonies were brougt in with which the Lords were satisfied And so Formarunt meum sententiam damnationis by the mouth of the Duke of Buckingham then Steward of England All which was much distasted by the House of Commons The Raigne of Hen. the seventh affords upon the Rolls no one example the Journall Bookes being lost except so much as preserves the passages of eight dayes in the 12. of his Raign in which the King was some dayes present at debates and with his own hand the one and thirtieth day of the Parliament delivered in a Bill of Trade there read but had the memoriall remained it is no doubt but he would have beene found as frequent in his great Councell of Parliament as he was in the Star-chamber whereby the Register of that Court appeareth aswell in debate at private causes that touch neither life nor member as those of publique care he every yeear of all his Raigne was often present Of Hen. 8. Memory hath not beene envious but if he were not often present peradventure that may be the cause of the disarder which the learned Recorder Fleetwood in his preface to the Annalls of E. 5. R. 3. Hen. 7.8 Hath observed
in the Statutes made in the Kings dayes for which cause he hath severed their Index from the former and much lay in the Will of Wolsey who was over unwilling to let that King see with his owne eyes Edward the sixt in respect of his young yeers may be well excused but that such was his purpose appears by a memoriall of his owne hand who purposing the affairs of Councell to severall persons reserved those of greatest waight to his owne presence in these words These to attend the matters of State that I will sit with them once a weeke to heare the debating of things of most importance Unfitnesse by Sex in his two succeeding Sisters to be so frequently present as their former Ancestors led in the ill occasion of such opinion and practise In consultations of State and decisions of private plaints it is cleer from all times the King was not onely present to advice and heare but to determine also In the cases criminall and not of blood to barre the King a part were to seclude him but the doubt is allowed in crimes meer Capitall and if in such a case the King sits not and yet the judgement of the two Houses be lawfull why may they not be lawfull in other cases without the King seeing the King refuseth to joyne with them The example in the cause of the Duke of Suffolke 28. H. 6. Where the King gave judgement was protested against by the Lords That of the Duke of Carence 6. E. 4. Where the Duke of Buckhingham the high Steward and the Lords gave judgement was protested against by the Commons in both of these the King was sometimes present But which of these wi●l suit these times I dare not ghesse However this I dare affirme as inevitably consequent from these precedent Presidents so anciently derived unto these present times that the Kings personall absence from the station of highest power is inconsistant with the power it selfe and so long as there is a Triple coordination in that Estate to wit of Supream Judicature there ought to be no personall absence whatsoever either of Head or Member especially of the Head except in case of sicknesse or the like for as it is prejudiciall to the power it selfe and incongrous to the nature thereof so it is an infringment of a trust committed and of obnoctious consequence to the Common wealth for whose good onely those powers that are are ordained of God Therefore if the unite existence be taken away with it the essentiall Triplicity or triple being thereof ceaseth and those that have thus unnaturally laboured vi a mis to make this Triplicity at odds by this Capitall seperation are murtherers of that body whereof He is the Head which though it be the Receptacle or Cabbinet of the sences and vitall Spirits yet the body thus wounded it must needs be in a languishing and expiring condition so that the Authors of this decollation are the Kings executioners and Butchers of the Kingdome however their faire pretences for King and Parliament carry another face Now the power of consultation and consent committed to this Judicatury or mixt Monarchy aswell Head as Members and the Sword of Justice to the unity thereof it will follow that a voluntary separation or division there from of one or the other is unwarrantable either by ancient Presidents or common reason and the party thus seperated cannot retain the unity and mixture of that power for t is impossible that that Unity should move out of its Centure of Triplicity must remaine inseperable though violated with them who continue stedfast in that station what enormities soever accrue upon it or them which neither can nor are a few in case of such Division How necessary then the Soveraigns Persons is required in the present Councells or Assemblies of the state aswell at consultations as at the conclusions let the rationall man judge and how healthfull to the weale-publicke of the Land let the bleeding miseries of our present condition tell Let all therefore who love the good of King or Kingdom or of themselves or their posterity dayly pray and labour that all instigation in this unhappy devision both of one side and the other may cease that welcome PEACE may set a period to this division and that through a blessed Union both present and succeeding Ages May behold No Parliament without A KING FINIS