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

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had sworne After ●hich he rightly setled the affaires of England by the counsell of his Nobles and then passed over in●o Normandy But how ill he kept this his Oath and others of this Nature and how he violated the ●tatutes of Magna Charta and D● Forresta which he had confirmed with his hand seale oath Pro●amations the B●shops Excommunications and the Popes Bull within three moneth● after he had on firmed them and procured a dispensation of his oath and abrogation of these Lawes making ●loody warres upon his Barrons and Subjects who confiding to those confirmations and royall pro●ises expected no such strange performances spoyling robbing and destroying his people every ●here in the selfe-same manner as we now are plundered * See before p. 5. 8. Graf p. 11. Mat. Paris p● 243. to 247. worthy reading and consideration the Histories of his life too manifestly ●● late which oft put his Crowne in danger of utter los●e Lewis of France being crowned king by the ●●rons in his steed who renounced their allegiance to him for his perjuries and breach of faith and ●aking warre upon them John departing this life his sonne Henry being but 9. yeares old was pro●aimed king through the pe●swasion of the Earle Marshall and of Pembroke afterwards made his ●rotector who informed the Lords and Commons h Fox Acts Mon. Ed. t●lt v. 1. p. 334 Speed p. 591. that though King Iohn for his evill demeanors ●eserved their persecution and l●sse of his crowne yet his young child tender in yeares was pure and inno●nt from his fathers doings Wherefore ●ith every man is to be charged with the burthen of his owne trans●ressions neither shall the child as scriptures teach beare the iniquity of his Fathers they o●ght of duty ●nd conscience to beare themselves ●ildly towards this tender Prince and take comp●ssion of his age And ●r as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt ●llistance APPOINT HIM our King and Governour let us renounce from us Lewis the French kings ●onne and suppresse his people which are a confusion and shame to our Nation and the yoakes of their Ser●itude let ●s cast from our shoulders Vpon which perswasions Henry was presently proclaimed and crowned king at Glocesler And though he were but an infant yet being i Mat. Paris p. 278. 305. set before the High Altar he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques Ioceline Bishop of Bath dictating the Oath That he would beare honour peace and reverence to God to ●● Church and Priests all the dayes of his life He likewise swore that he would maintaine right Iustice among the people committed to his Charge And that he would blot out ill Lawes and unjust customes if that should be any in the kingdome and observe good ones and cause them to be kept by all men How well ● observed this solemne oath with many others of like nature made to his Lords and Subjects f● confirmation of Magna Charta and their Liberties k In his Edition Tiguri 1589. p. 876. 938. 958. 959 960. Mathew Paris will informe us who writ● that the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prela●● and Lords knew not how to hold this Proteus the King for where there is no truth there can be no ●ix● confidence That thought he sometimes humbled himselfe confessing that he had beene often bewitched ● ill Counsell and promised with a great Oath solemnely taken upon the Altar and coffin of Saint Edwar● that he would plainely and fully correct his former Errors and graciously condescend to his naturall Subject good counsell yet his frequent preceding breaches of oathes and promises sepenitus incredibilem reddider●● made him altogether incredible so that though he usually heard three Mosses every day but seldome a● Sermons as l Hist Angl. P. 1. Walsingham notes yet none would afterwards beleeve him but ever feare and susp●● his words and actions and to avoyd the infamie of perjurie which he feared he sent to the ●ope● absolve him from those Oathes he repented of who easily granted him an absolution Such faith and assurance is there in the Oathes and Protestations of Princes to their Subjects whose Politicke capacities oft times have neither soule nor conscience This perfidiousnesse in the king made his long raig● full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne a● kingdome as our Historians informe us for which he repented and promised amendment at h● death m Lib. 3. c. 9. f. 107. Bracton an ancient Lawyer in this kings dayes writes That the king in his Coronation OVGHT by an Oath taken in the name of Iesus Christ to promise these three things to the people subject to hi● First that he will command and endeavour to his power that true peace shall be kept to the Church and ● Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities ● all degrees Thirdly That in all Iudgements he will command equitie and mercy that so God who is gracious and mercifull may bestow his mercy on him and that by his justice all men may injoy firme peace F● saith he a King is SACRED and ELECTED to wit by his kingdome for this end to doe justis unto all for if there were no justice peace would be easily exterminated and it would be in vaine to make Lawes and doe justice unlesse there were one to defend the Lawes c. And before the Conquest I re● in n Fox Acts and Monuments Edition 1641. vol. 1. p. 214. and Lambards Archaion Leges Edwardi c. 17. Bilson par 3 p. 494. King Edward the Confessors Lawes not onely the Office but Oath of the King whom he an● Bracton oft stiles Gods and Christ Vicar upon earth thus excellently described A King ought abo● all things to feare God to love and observe his Commandments and cause them to be observed through h● whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved s●● as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe justice an● judgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King ● his owne person to doe taking his oath upon the Evangelists and the blessed Reliques of Saints swearing ● the presence of the whole state of his Realme as well of the temporalty as of the spiritualty before he ●● crowned of the Archbishops and Bishops Three servants the King ought to have under him as Vassals fleshly lust avarice and greedy desire whom if he keepe under as his servants and slaves he shall reigne well an● honorably in his Kingdome He must doe all things with good advisement and praemeditation and th● properly
to deliver Piers into their hands or drive him from his company out of England as being perswaded ●hile that King-●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 ●hole Realme would no● condiscend Whereupon the Lords thus contemned and deluded presently raise ●n Army and march with all speed towards Newcastle not to offer injury or molesta●●on to the King writes ●alsingham the case and purpose of the present Parliaments Army but that they might apprehend Piers him●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 Lan●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 ha●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 wick●dly killing Piers They stoutly answered That they had not offended in any point but deserved his royall favour ●or that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act ●f Pardon that no man should be questioned for Gavestons returne or death printed in old g T●tles Magn● Charta part 2. f. 50 to 57. Magna Charta Not long ●fter this unfortunate King doting upon the two h Wal●ing Hist p. 90. to ●10 ypodig Neust p. 105. to 111 Speed Hist p. 674. to 683. See Fabi●n Holm Graf Tho●●●de ●● More Higd●● Caxton in his life Spencers as much as ever he did on Gaveston to whom they ●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 ju●tice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with ●heir forces at Sbirborne Thomas of Lancaster being their Captain they took an oath to prosecure their designe to ●he division of soule body Then they spoyled these Spencers their friends goods take their Castles by vio●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 ●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 contempiu●us Delinquents Whereupon running to their armes they marched up to London entred the Citie and to avoyd dange● the King through the Queenes and others mediation condescended to their desires passing an Act for th● Spensers banishment and the Barons indemnities which you may reade in ancient Part 2. ● 50. Magna Chartaes Upo● 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 deat● by these Spencers procurements who not content with their blood procured also the confiscation of their goods a●●●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 Fran● 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 King● who being destitu●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 Foreine● and Traytors to the Realme and with all their power withstand them And under the name of John of Eltham th● Kings second sonne whom they proclaymed Custos of the Citie and of the Land they got the Tower ●● London into their possession placing and displacing the Garrison and Officers therein as they pleased Th● King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her self ●●er sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should ayde ●● 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 ●● 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 wher● 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 ●● much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abh●● his any longer rule and Soveraignty and therefore be besought all there present to forgive and spare him being so afflicte● Soone after he was murthered in Barkly Castle And so the sicknesse and wounds which the Commonwealth sustaine● by his ill raigne upon the ch●●ge of her Physician recovered not onely health and strength
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 a●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 compe●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 He●res misgovernment and c●ntroversies ab●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 fo● this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of feal●y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmes●wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10●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 Oxfo●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 West●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 Par●iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none o● the Danish blood should any more Reigne over them was elected King and declared ●ight Heire to the Crowne Anno 1126. k Hoveden Hun●ingdon Matthew Westminster Matthew Paris Walsingham Polychronic●n Fabian Anno 1126. Speed p. 477. See Ho●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 ●er As much as in them lay after King Henries death if ●e dyed without issue male to establish ●er Queene ●f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyse●●us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres ●o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris ● 82 83. Speed p. 497. Hoveden p. 490. Hun●indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty ● Wal●ingford where by the advise of the Lords they made this accord That Stephen if he would should ●eaceably hold the kingdome during his life and that Hen●y should be his adopted Sonne and Successor enjoy ●he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should ●weare that Henry after the Kings death if he su●vived him should P●ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parl●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 in●erit lands in England The King to cleare all doubts and ambiguities in this case and to have the La● herein reduced to ce●tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliam●nt in the 25. yeare of his Raigne to delibera●● 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 ●● 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
The Treachery and Disloyalty of Papists to their Soveraignes both in Doctrine and Practise WHen I seriously consider the memorable Preamble of 3 Jac. ch 4. That it is found by daily experience that many of his Majesties Subjects who adhere in their hearts to the Popish Religion by the infection drawne from thence and by the wicked and divellish counsell of Jesuites Seminaries and other persons dangerous to the Church and State are so farre perverted in the point of their loyalties and due obedience unto the Kings Majesty and the Crowne of England as they are ready to entertaine and execute any Treasonable Conspiracies and Practises as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder the King Queene Prince ●ords and Commons in the House of Parliament assembled tending to the utter subversion of the whole State lately ●dertaken by the instigation of Jesuites and Seminaries and in advancement of their Religion by their Schollars ●ught and instructed by them for that purpose With the Statutes of 35. Eliz. ch 2. and 3 Jacobi ch 5. which ●●act That all Popish Recusants shall be restrained to some certaine places of abode and confined to their private ●uses in the Country and not at any time after to passe or remove above five miles from thence under paine of forfeiting ●● their Lands Goods and Chattels during life That none of them shall remaine within ten miles of the City of ●ondon nor come into the Court or house where his Majesty or Heire apparent to th● Crowne of England shall be nor ●ave in their owne houses or in the hands or possession of any other at their disposition any Armour Gunpowder or Mu●tion of what kind soever And all this for the better discovering and avoiding of such Trayterous and most dan●rous Conspiracies Treaso●● Practises and attempts as are daily devised and practised against our most gracious ●overaignes Person and ●●● Commonweale by rebellious and trayterous Papists And when I read in * Dated January 10. 1606. and Februa 22. 1603. two of King ●●mes his Proclamations That those adhering to the profession of the Church of Rome are blindly led together ●ith the superstition of their Religion both unto some points of Doctrine which * Note this cannot consist with the loyalty of Sub●cts towards their Prince and oft times unto direct actions of conspiracies and conjurations against the State wherin ●●ey live as hath most notoriously appeared by the late most horrible and almost incredible conjuration grounded up● points of Doctrine in that Church held and maintained and contrived and practised with the privity and warrant of ●any of the principall Priests of that profession to blow up our children and all the three Estates in Parliament assem●ed And when we consider the course and claime of the Sea of Rome we have no reason to imagine that Princes of ●r Religion and profession can expect any assurance long to continue unlesse it might be assented by the meditation of other ●rinces Christian that some good course might be taken by a generall Councell free and lawfully called to plucke up ●ose rootes of dangers and jealousies which arise for cause of Religion as well betweene Princes and Princes as be●eene them and their Subjects and to make it manifest that no State or Potentate either doth or can challenge pow● to dispose of earthly Kingdomes or Monarchies or to dispense with Subjects obedience to their naturall Soveraignes Which was never yet attempted much lesse effected And in the Booke of Thankesgiving appointed for the ●●h of November set forth by King James and the Parliaments speciall direction this observable Prayer ●omewhat altered by the now a Who confesseth Justifieth it in his Speech in Star-chamber June 14. 1637. Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the ●pists To that end strengthen the hand of our gracious King the Nobles and Magistrates of the Land with Judge●ent and Justice to cut off these workers of iniquity the Papists whose R●ligion is rebellion whose faith is facti● whose practise is murthering of Soules and Bodies and to roote them out of he confines of this Kingdome I can●ot but star damazed yea utterly confounded in my selfe at the Impudency and Treachery ofthose pernicious ●ounsellors who in affront of all these Lawes and premises have issued out sundry b See the Parliaments late Declaration Commissions under ●s Majesties hand and seale to divers notorious Papists not onely to furnish themselves with all sorts of ●mes and Munition but likewise to meet together armed and raise Forces in the Field to fight against the ●rliament Kingdome and Protestant Religion even contrary to divers his Majesties late Printed Declara●ns and Protestations to all his loving Subjects advanced them to places of great trust and command in his ●ajesties severall Armies and procured them free accesse unto if not places of trust about his sacred person ● if they were his loyallest Subjects his surest guard as many now boldly stile them and more to be confi●ed in then his best and greatest Councell the Parliament whom they most execrably revile as Rebels ●●d Traytors the more colourably to raise an Army of Papists to cut their throats and the throat of our Pro●stant Religion first as they have already done in Ireland and then last of all his Majesties in case he refuse to become the Popes sworne vassall or alter his Religion which he hath ost protested and we beleeve he will never doe But I desire these ill Counsellours of the worst Edition to informe his Majesty or any rationall creature how it is either probable or possible that an Army of Papists should secure his Majesties person Crowne Dignity or protect the Protestant Religion the Parliament or its priviledges to all which they have shewed themselves most prosessed enemies We all know that Popish Recusants c See King James his Apology against Bellarmin Laurentius Byerlincke Opus Chronogr p. 319. Deus et Rex The Lord William Howards Sonnes late Booke in Defence of Papists taking the Oath of Allegiance obstinately refuse to take the Oath of Supremacy or Allegiance some of them that tooke it having beene excommunicated by their Priests for a reward The● summe of which Oath is * 3 Jac. c. 4. That they doe truely and sincerely acknowledge and professe That the Pope hath ●● authority to depose the King or to dispose of any his Kingdomes or to authorize any foraine Prince to invade his Countries or to discharge any his Subjects from their Allegiance to his Majesty or to license any of them to beare armes o● raise tumults against him or to offer any violence or hurt to his royall Person Government Subjects That notwithstanding any Declaration Excommunication or deprivation made or granted by the Pope or any Authority derived from him against the King his Heires and Successors or any absolution from their obedience they will beare● faith
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 appointe● 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 grea● 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 ●e ought t 〈…〉 settle the peace order the Councels and dispose the affaires of his Kingdome The Bishop of Winchester of●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 ●o ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent ●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 ●ot themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that per●urbed ●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 for●einers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund ●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 faith●ull person if there bee any such about his Majestie would now deale thus clearely with him touch●ng his evill Counsellors That the Councell of Peter Bishop of Winchester and his complices which now he had and ●sed was not sound nor safe but euill and dangerous to himselfe and his Realme First for that they hated and de●ised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the peo●le from him as in the Earle Marshall whom being one of the wort●iest men of the Land by sowing false tales they ●rave into discontentment Secondly that by the Counsell of the said Peter his Father King John first lost the hearts of ●is people then Normandy then other lands and finally wasted all his treasure and almost England also and never af●er had quiet Thirdly That if the Subjects had now beene handled according to justice and law and not by their ungod●y Counsels these present troubles had not happened but the Kings lands had remained undestroyed his treasure unex●austed Fourthly that the Kings Councell is not the Councell of peace but of preturbation because they that cannot ●aise themselves by peace must raise themselves by the troubles and disinherison of others Fiftly That they had the Trea 〈…〉 re Castles Wardships
but beauty also and ornamen● writes John Speed After all this i Walfing Hist Ang. p. 349. to 400 ●podigm Newstriae p. 144. to 158 Speed Hist p. 747. to 762. Holin Graft St●w Fabian Caxton and others King Richard the second in the ninth yeare of his reigne summoned a Parliament where●● Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by th● 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 th● 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 mad● de la Pole sit at his owne table not in the usuall garment o● a Peere but of a Prince out of a stomacke and hatred again●● the Peeres whom from thenceforth he never regarded but feinedly and then fals to plot the death of the Duke of Gl●cester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at No●●ing ha●● Castle with a few persons generally ill-beloved ill-advised and ill-provided The course agreed upon by th● King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Spe●● seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presum●● the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters th●● under a shew of justice they should be proceeded against accordingly The Lawyers who were the very me●● 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 disa●ull the Decrees of the last Parliament They joyntly answe●ed he might because he was above the Lawes a most apparent errour confessing that themselves had in th● Parliament decreed many things and given their judgement that all was according to Law which they acknowledg● to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and witha●● sends for the Sheriffs of Shires to raise Forces against the Lords who denyed saying that they could not rais● any competent Forces or Armes against them the whole Counties were so addicted to their favours and being furthe● willed to suffer no Knights to be chosen for their shieres but such as the King and his Counsell should name they a●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 Lawye● 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 we●● against the Lords in the day of battle * Note this Many of which answered that they neither could nor would stand against th● Lords whom they knew for certaine intimately to love the King and to endeavour all things study all things doe a●● things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the King●●o●●ce The Lords hearing of these proceedings were much sadded being conscious to themselves ●● no 〈…〉 ●●rthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop ●● London to the King w●o inclining to credit the same was in an evill houre diverted by de la Pole ●he Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which ●ey severally gather forces that they might present their griefes to the King How he favoured Tray●rs not onely to them but to the Publique to the imminent danger of the Realme unlesse it were spee●ly prevented The King on the other side by Trayterous Cōunsellours advise sought how to take ●em off single before they were united but in vaine by reason their party was so great Meane time ●me peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thi●er approaching they are advertised by some who had sworne on the Kings behalfe for good dea●●g to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which ●ithout the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre Knights were reported to have ●●d for their destruction attended in ambush The King sweares his innocency promising safe con●●ct to the Lords if they would come who thereupon came strongly guarded and would trust no longer ●he King sitting in royall State in Westminster Hall the Lords present themselves upon their knees before ●m and being required by the Lord Chancellour Why they were in warlike manner assembled at ●aring gye Park contrary to the Lawes their joynt answer was That they were assembled for the good of the ●ing and kingdome and to weed from about him such Traytors as be continually held with him The Traytors ●ey named to be Robert de Vere Duke of Ireland Alexander Nevill Archbishop of Yorke Michael de ● Pole Earle of Suffolke Sir Robert Tresilian that salse Justiciar Sir Nicholas Brambre that false Knight ● London with others To prove them such They threw downe their Gloves as gages of challenge for a tri●l by the Sword The King hereupon replyed as knowing they were all hidden out of the way This ●all not be done so but at the next Parliament which shall be the morrow after Candlemas all parties shall ●ceive according as they deserve And now to you my Lords How or by what authority durst you presume to levy ●orces against me in this Land did you thinke to have terrified me by such your presumption Have not I men and ●mes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of ●u all no more then of the basest Scullions in my Kitchins Having used these and many like high words ●e tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The ●st of the conference was calme and the whole deferred till the next Parliament then shortly to be hol●●n at Westminster In the meane time that the world might see how little able the King was to equall ●s words with deeds a Proclamation was set forth in which the King before any tryall cleareth the ●ords of Treason names those persons for unjust accu●ers whom the Lords had before nominated The ●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 * Not● The King should be present in Parliament once in 40. dayes how that by an old Ordinance they have an Act if t 〈…〉 King absent himselfe 40. dayes not being sicke but of his owne minde not heeding the charges of his people 〈…〉 their great paines will not resort to his Parliament they then may lawfully returne home to their houses And 〈…〉 sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discom 〈…〉 for t And our Parliaments present case To this the King answered by these words Well we doe con 〈…〉 der that the people and Commons goe to rise against us wherefore we thinke we can doe no better then to aske a 〈…〉 of our Cosin the French King and rather submit us to him then to our owne Subjects The Lords answered S 〈…〉 that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King 〈…〉 your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispo 〈…〉 you invade you and depose you from your estate royall then put any hand to helpe you c. And as th 〈…〉 King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconven 〈…〉 〈…〉 es be comne by the evill Counsell which are about you And if you put not your helping hand to the redresse ●he premises this Realme of England shall be brought to nought and utter ruine which clearely should be laid 〈…〉 our default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the 〈…〉 rld was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to 〈…〉 uester all such persons as might be the occasion of ruine either of you or else of your Realme By these good 〈…〉 swasions the King was appeased and promised within three dayes after to come to the Parliament and to 〈…〉 descend to their Petitions And according to his appointment he came Where soone after John Fordham 〈…〉 hop os Durham was discharged of the Treasurourship and the Bishop of Hereford ser in his place de la 〈…〉 le was put from his Chancellourship for divers crimes frauds briberies and treasons by him com 〈…〉 tted to the prejudice of the King and his Realme committed to the Tower and fined 20. thousand 〈…〉 rkes to the King in releeving of the Commons Divers other Judges Knights and Delinquents of all 〈…〉 t s were condemned and executed others banished and their states confiscated others put out of office 〈…〉 this Parliament as you may reade in our Histories and in the k 10. R. c l 11. R. 2. c. l 29 3 4 5 6. 2 R. 2. c. 2. 3. 12. Statutes at large in which Statutes the 〈…〉 schievous effects of these evill Counsellors to King Kingdome and people are at full related whereby 〈…〉 e King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords ●ay●g of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of 〈…〉 y pardon l See the Records of this Parliament published by order of both Houses Aug. 27. 1642. and their raysing of Armes against the Parliament and kingdome though with the Kings 〈…〉 ne consent and his command declared and enacted to bee high Treason These proceedings ratified 〈…〉 d assented to in Parliament by the King much against his will wrought an intolerable secret 〈…〉 tred and desire of revenge in his heart against the Lords which for want of power he concealed neare 〈…〉 yeares space but in the 20. yeare of his raigne being somewhat elevated in his spirit with a rumour 〈…〉 at he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke 〈…〉 d Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the 〈…〉 ples eyes lest they should riseup in Armes to rescue these Lords the King sent out a feigned Proclamation which he caused to be proclaymed throughout the Realme that these Lords were apprehended onely for 〈…〉 w Treasons committed against him for which he would he prosecute them in the next Parliament and not for the 〈…〉 trepasses After which he proclaimes those Lords Traytors Which done he summoned a m Grafion p. 329. c. Mr. Saint-Johns Speech 1640. p. 33. 1. H 4. No. 21. 21. 48. Parliament at Westminster to this Parliament the King commanded to 〈…〉 me all such as he had best confidence in omitting the rest and the Knights were not elected by the Commons 〈…〉 custome required they should be but by the Kings pleasure yea he put out divers persons elected and put in other 〈…〉 their places to serve his turne which was one Article objected against him when he was deposed Against 〈…〉 e time of this Parliament the King received a guard of 4000. Archers all Cheshire men as if he would 〈…〉 ve gone in battle against enemies so that divers came armed to the Parliament out of feare These 〈…〉 eshiere men were rude and beastly people and so proud of the Kings favour n As the Cavaliers do now that they accounted the 〈…〉 ng to be their fellow and set the Lords at nought though few of them were gentlemen but taken from the 〈…〉 ough and other trades After these ●usticall people had a while courted they grew so bold that they 〈…〉 uld not let neither within the Court nor without to beat and slay the Kings
good Subjects as the Cavaliers doe 〈…〉 w and to take from them their victuals at their pleasure paying little or nothing for them and to ravish their 〈…〉 ves and daughters And if any man persumed to complaine to the King of them he was soone rid out of 〈…〉 way no man knew why nor by whom so that in effect they did what they listed In this Parliament 〈…〉 King having made the Speaker and a great part of mercinary proud ambitious men of the Commons 〈…〉 use to be of his side to act what he required them he then prevayled likewise with the upper house 〈…〉 with the Prelates then with the Lords more out of feare of him then any reason by meanes where 〈…〉 the Commission Charters of pardon and Acts made in Parliament in the 10. and 11. yeare of his raigne 〈…〉 re quite revoked and declared voyd in Law as being done without authoritie and against the will and 〈…〉 ertie of the King and of his Crowne And withall they declared the Judges opinions for which they were 〈…〉 demned in that Parliament to be good and lawfull and attainted the said imprisoned Lords of high 〈…〉 eason and confiscated their lands The two Earles hereupon were beheaded and the Duke by reason 〈…〉 is p●pulat●tie smothered onely for their former actions which done the King adjourned the Par 〈…〉 ent to Shrew●bury where he subrilly procured an o 21. R. c. 12. Act to passe by common consent that t●e power 〈…〉 he Parliament should remaine in seven or eight persons who after the Parliament dissolved should deter 〈…〉 e certaine petitions delivered that Parliament and not dispatched By colour whereof Those Commit 〈…〉 proceeded to other things generally touching the Parliament and that by the Kings app 〈…〉 ment in derogatien p 21. R. 2. c. 16. Walsing Hist Aug. Ann● 1398. p 394 〈…〉 he state of the Parliament the dis●ommodity and pernicious example of the whole Realme And by colour 〈…〉 Authority hereof the King caused the Parliament Rols to be altered and defaced against the effect of the 〈…〉 said grant After which he much vexed and oppressed his people with divers forced Loanes Oathes 〈…〉 positions and oppressing Projects to raise money seeking to trample them under his feet and 〈…〉 roy the Realme and tooke all the Jewels of the Crowne with him into Ireland without the Kingdomes 〈…〉 sent Which rendered him so odious to his people that Henry Duke of Lancaster landing in England the whole kingdome came flocking to his ayde so that he had an Army of 60000. men in a short time who v 〈…〉 ed to prosecute the Kings ill Counsellours Whereupon King Richard returning out of Ireland hearing 〈…〉 the Dukes great Army assembled against him and knowing that they would rather dye then yeeld 〈…〉 of their hatred and seare of him he dismissed his Courtiers hiding obscurely in corners till he was a 〈…〉 prehended and by a Parliament summoned in his name though against his will judicially deposed 〈…〉 his misgovernment Among which Articles of his misgovernment for which he was judicially dethroned these are rema 〈…〉 able First * Graft p. 400 401 402 c. That he was●fully spent the Treasure of the Realme and had given the possessio●s of the Crow 〈…〉 to men unworthy by reason whereof daily new charges more and more were laid on the neckes of the poore C 〈…〉 monalty And when divers Lords were appointed by the High Court of Parliament to commune and t 〈…〉 of divers matters concerning the Common-wealth of the same which being busie about those Commissions he 〈…〉 other of his affinity went about to impeach them of high Treason and by force and threatning compelled 〈…〉 Justices of the Realme at Shrewesbury to condescend to his opinion for the destruction of the said Lords 〈…〉 somuch that he began to raise warre against John Duke of Lancaster Thomas Earle of Arundell Rich 〈…〉 Earle of Warwicke and other Lords contrary to his honour and promise Item He assembled certaine Lancashire and Cheshire men to the intent to make warre on the fores 〈…〉 Lords and suffered them to rob and pillage without correction or reproofe Item Although the King flatteringly and with great dissimulation made Proclamation throughout 〈…〉 Realme that the Lords before named were not attached for any crime of Treason but onely for extortions 〈…〉 oppressions done in the Realme yet be laid to them in the Parliament rebellion and manifest Treason Item He hath compelled divers of the said Lords servants and friends by menace and extreame paines 〈…〉 make great sines to their utter undoing And notwithstanding his pardon to them granted yet he made the fine of new Item That he put out divers * Note Sheriffes lawfully elected and put in their roomes divers of his owne Mi 〈…〉 on s subverting the Law contrary to his Oath and Honour Item For to serve his purpose he would suffer the Sheriffes of the Shire to remaine above one yeare or two Item He borrowed great summes of money and bound him under his Letters Patents for repayment of the sa 〈…〉 and yet not one penny paid Item He taxed men at the will of him and his unhappy Councell and the same Treasure spent in folly not pay 〈…〉 poore men for their victuall and viand Item He said That the Lawes of the Realme were in his head and sometime in his brest by reason of wh 〈…〉 phantasticall opinion he destroyed Noble men and impoverished the Commons Item The Parliament setling and enacting divers notable Statutes for the profit and advancement of the Co 〈…〉 monwealth he by his private friends and solicitors caused to be enacted * Such a kinde of proviso was endevoured to beadded to the Petition of Right 3 Caroli That no Act then enacted should 〈…〉 more prejudiciall to him then it was to any of his Predecessors though with proviso he did often as he listed 〈…〉 not as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Jew 〈…〉 without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carryed the Jewels Plate and Treasure of the kingdome o 〈…〉 the Sea in to Ireland to the great impoverishing of the Realme And all the good Records for the Comm 〈…〉 wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Justices were sworne to say the truth of divers things to them committed in cha 〈…〉 both for the honour of the Realme and profit of the King the said King so menaced them with sore threatning 〈…〉 that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Prin 〈…〉 hands and at his disposing Item He craf●ily devised certaine privy Oathes contrary to the Law and caused divers of his
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 ab●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 ●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 ●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 ●ested in his person that he t Fortescue c. 10. to 1● 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 Thoma● Smith of the Common-wealth of England l. ● 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 ●liud potest Rexin terris ni●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 ●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 ●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 2● 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 ● Law to binde them whence those in a Cook 7. ●●luins case 7. H. 6. 35. b. Dyer 373. Br. Parliament 98. Scotland Ireland Man Garnsey ●●● Jer●●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 o● Parliament not in the king as it was in the Roman State Where the b Livy Hist ● 1. 2. Bodin Common-wealth ● 1 c. 10. people had the So●eraigne Iurisdiction of making and confirming Lawes to binde them not their Kings Emperours o● Senate as I shall hereafter manifest Secondly this appeares by the case of c Fiz Assise 413. Avowry 74. Praescri●●ion 67. Broo Custome 31. Co. 5. Rep. f. 63. 64. 67. 68 Kit●chin 45. 73 ●0 Customes and By-Lawes in Corporations and Mano●●s which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of
by Parliament and violently p●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 wi●h other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peere● 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. Humph●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 ●o King Hen●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 Depu●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 ●he censures of Parliament of which we have sundry precedents in ſ 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 C●oks Instit on Artic Super Chartas in Making or proclaiming warre or Peace in which they have oft ti●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 w●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 wa●●es against enemies but never ought the whole kingdome to be lost or hazarded to preserve its Kings P●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 resoluti●ns in or out of any other his Courts and such a transcendent Tribunall from whence ●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 o● 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 remediab●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 hig●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. ● to 15. 1 H. 4. c. 2 3 4. 8 H. 4. 12 13. See 1 Mariae c. 1. 1 Eliz. c. ● 3. 21 Jac. c. 28. And all Acts for restitution in blood of Persons Attainted and Acts of repealing S●atutes Bracton l. 1. c. ● Attainders of Treason by or in Parl●ament by all inconveent and unjust Act● 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 f●om the King but onely by an Act of repeale or restitution in blo●d by another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to w●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 Esc●equer Chamber * See Matthew Paris p. 268. Legimus quod multi al● Reges imo Reguli usque ad mortem dimica●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 Angelic● 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
Kings eldest sonne was created Duke of Cornwall by Parliament which then also entailed the Dutchy of Cornwall upon the eldest sonnes of the Kings of England See 21 R. 2. c. 9. * 7. H. 4. c. 2. Hals Chronicle 1. H. 4. f. 10. 15. Fabian par● 7. p. 376. Speed p. 763. King Henry the fourth the ●et●er to assure the inheritance of the Crownes and Realmes of England and France to him and his posterity caused them by a speciall Act of Parliament in the first yeare o● his raigne to be entailed and setled on himselfe and the heires of his body begotten and Prince Henry hi● eldest sonne to be established pronounced ordained and decreed heire apparant to him and to succeed hi● in the said Crownes and Realmes to have them with their appurtenances after the Kings death to him an● the heires of his body begotten And if he should die without heire of his body begotten then to remaine to th● Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lor● Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for t●● avoyding for all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and ●e plenteously served of all things necess●ry both for viande and apparell and if any persons should presume to reare warre or congregate a multitude ●o deliver him out of prison that then he should be the first that should die ●or that sedi●ious comm●tion Which King Richard as * Fabian part 7. p. 373. Sir John B●got by his Bill exhibited to this Parliament averred h●● divers times at sundry Parliaments in his time holden said that he would have his intent and pleasur● concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde b● would by one meanes or other bring him out of his life And further said to him at Lichfield in the one ●● twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons ha●● him in ●s great awe and dread as ever they had of any his Progenitors so that it might be chronicled of him that none passed him of honour and dignity with condition that he were deposed and put ●●rom his said dignity the next morrow after So wilfull was he as to preferre his will before his Crowne or safety n Hall An. 38. 39. H. 6. f. 176. to 183. Fabian An●o 1441. p. 470. Grafton p. 643. to 648. Holins Stow Howes An. 1440 144● In the yeares 1440. and 1441. Edward Duke of Yorke came into the Parliament House an● there in a large Oration laid claime and set forth his Title to the Crowne of England which King He●ry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene the● both ●ides submitting to their resolution as the proper Judges of this weighty royall controversie After lon● debate and consideration of the case among the Peers Prelates and Commons of the Realme it w●● finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yea●● and more that he sh●uld enjoy the name and title of King and ●ave p●ssessi●n of the Realme during his n●turall life And if he either died or resigned or FOR FAITED THE SAME for breaking ●● part of this concord then t●e said Crowne and authority royall should immediately descend to the Duke ●● Yorke King Edward the 4. his Father if he then live● ●r else to the next heire of his line And that the s● Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the Ki●● did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the de●● of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke T● TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed ● swore to and then caused them to be enacted Loe here we have these two Kings submiting their Titles ● the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraig● Judge betwene them who settled the Crowne in this order under paine of ●orfeiting it by Ki●● Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in ●● full age as o Historia Angliae p. 458. Parliamentum fuit c●nv●catum in qu● Parliamento ex assensu omnium Statuum idem Dux Defensor seu Protector Angliae fuera● nomina●us ordina●us omniaque Regni off●cia beneficia ejus dispositioni sunt commissa Walsing●am informes us a Parliament c●nstituted Duke Humsry to be protector of hi● and h●s Kingdome of England and the Duke of Bedford to ●e Regent of France during his minority wh● exercised all regall power by vertue of that authority which the Parliament derived to them A●● this in these two Kings reignes p See Grafton p. 691. 692. Speed p. 869. 878. 859. 886. 1. E. 4. c. 1. 17. E. 4. c. 7. the Crown and its descent were variously setled by Parliament as I ha●● formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it ●● akered or reversed by another Parliament King q Speeds Hist p. 928. 931 Richard the third comming to the Crown by usurp●tion to strengthen his Title procured the Lords and Commons to passe an Act of Parliament where in th● declare him to be their lawfull King both by election and fuccession entaile the Crowne upon him and the hei●● ●f his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in ●he royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teach●th that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled ●n Parliament and by the Authority of the ●ame makes before all other things most faith and certainty and ●uieting of mens mindes removeth the occasion of all doubts and seditious language r Halls Chro. 1 H. 7. f. 855. Henry the seventh af●erwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to set●le the inheritance of ●he Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace ●f God so to endure and on none
doe both ● point of Law Divinity conscience resist the highest powers because they resist the Parliament and ● shall receive damnation to themselves for it either here or hereafter if they repent not which I seriously ●sire all those Delinquents Papists Malignants ill Counsellers and Cavaliers to consider who con●ary to severall Orders and Declarations of Parliament yea contrary to the Law of God of Nature of the ●ealme have like unnaturall Vipers taken up offensive Armes against the Parliament and Kingdome to ●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 Parlia●ent the supremest Court against the Commission of Array Arming of Papists raising of Forces impo●g Taxes to maintaine Warre against the Parliament plundering and the like ought to be obeyed and sub●itted to as lawfull and binding both by the King himselfe the Kingdome and every private Subject ●hatsoever and that the Kings extrajudiciall and illegall Declarations out of Parliament in direct oppo●ion and contradiction to the resolutions and Votes of both Houses in Parliament ought not to be obeyed ●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 ●hat is Law or what not in those Cases but the Parliament onely Which extrajudiciall new device of con●olling affronting the Resolutions and Declarations of both Houses by opposite Proclamations and ●●clarations published in his Majesties name is such a transcendent violation of and contempt against ●e knowne priviledge the sacred venerable Authority and power of Parliaments as I am confident ●● age can parallell and if not severely vindicated by exemplary punishments of the highest nature up●● those ill Counsellors and corrupt Lawyers who contrive and pen them will bring this Highest grea●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 ●eater contempt and lesse estimation with all men whether Natives or Forainers then the basest Court ●● Pipouders is No King nor Subject ever yet attempted such affronts against the Resolutions of any Jud●s in inferiour Courts Let no person whatsoever then presume by pen or tongue any longer to a●●igne or traduce the Resolutions and Ordinances of this highest Tribunall If Kings or Counsellors of ●ate willinstruct or excite the Subjects perempto●ily to disobey and contemne the Ordinances the ●udgements of the Parliament let them never expect the least obedience or submission to any of their ●wn commands which are of lesser credit and Authority Fourthly That the Parliament and whole Kingdome being the highest power or any Member of ●●e Parliament cannot by any publicke Acts or Votes of theirs consented to in Parliament become Tray●●s or guilty of high Treason against the King either by the Common Law o● the S●atute of 25. Ed. 3. b page 4 5. ● 2 of Treasons which running in the singular number If A MAN c. that is any private man ● men by their owne private authority shall levy warre against the King c. it ought to be judged high ●reason extends not to the whole Kingdome or Court of Parliament representing it of which no trea●n was ever yet presumed and by this very act is made the Judge of all Treasons that are doubtfull being ●ver yet included within the words or meaning of any Law concerning Treasons and therefore cannot be ●ilty of it Hence the depositions of a Graf par● 6. p. 62 63. Galfredus Mo●●● Fabia● Polychr others Archigallo and Emcrianus two ancient British Kings by the unani●ous assent of the Lords and Commons for their rapines oppressions and Tyranny with other forenamed Sax● Kings and of Edward the second Richard the second Henry the sixth Edward the fourth by Acts ●● Parliament the creating of Richard the third King and the frequent translations of the Crowne from ●e right heire at Common Law to others who had no good title by the whole Kingdome or Parliament ●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. ● 2. See Rastal ●rote Sta●●f Crompt Dalton in their Titles Chapters of Treason high Treason in private persons was never yet reputed much lesse questioned or adjudged ●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. ● 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 o● 1● 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 hal●●● to carry him where he might suffer the death HE HAD DESERVED for if I had not done this ● 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 mouthe● That the very shop where the Barons originall Treasons were forged was THE PARLIAMENT HOUSE wherein from time to time they