the confiscation of their goods and inheritances 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 France with her sonne the Prince whose lives these favorites attempted She raised 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 destitute of friends and meanes demanded assistance of the City of London whose answer was That they would honour with all duty the King the Queene and Prince but would shut their gates against Foreiners and Traytors to the Realme and with all their power withstand them And under the name of Iohn of Eltham the Kings second sonne whom they proclaimed Custos of the City of the Land they got the Tower of London into their possession placing and displacing the Garrison and Officers therein as they pleased The King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her selfe her sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should aide or assist them and that he should have a 1000. l. who did bring the Lord Mortimers head fâ—ies to Bristol in the Castle whereof the elder Spenâ—er was taken by the Queenes Forces and without any formall tryall cruelly cut up alive and quartered being first at the clamours of the people 〈◊〉 and hanged in his proper armour upon the common Gallowes without the City After which the King forsaken of all his Subjects flies into Wales for shelter where he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his son confessing That for his many sins he was fallen into this calamity and therefore â—ad the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abharre his any longer rule and Soveraignty and therefore he besought all there present to forgive and spare him being so afflicted Soone after he was murthered in Baâ—kly Castle And so the sicknesse and wounds which the Common-wealth sustained by his ill raigne upon the change of her Physitian recovered not onely health and strength but beauty also and ornament writes Iohn Speed After all this King Richard the second in the ninth yeare of his reigne summoned a Parliament wherein Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by the Parliament and the Sealâ— taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both the Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for the 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 made de la Pole sit at his owne table not in the usuall garment of a Peere but of a Prince out of a stomacke and hatred against the Peeres whom from thenceforth be never regarded but feiuedly and then fals to plot the death of the Duke of Glocester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Nottingham Castle with a few persons generally ill-beloved ill-adwised and ill-provided The course agreed upon by the King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speed seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumed the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters then umder a shew of justice they should be proceeded against accordingly The Lawyers who were the very men which in the last Parliament gave advice to the Lords to do as they did now meeting were demanded Whether by the Law of the Land the King might not disanull the Decrees of the last Parliament They joyntly answered he might because he was above the Lawes a most apparent errour confessing that themselves had in that Parliament decreed many things and given their judgement that all was according to Law which they acknowledged to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withall sends for the Sheriffes of Shires to raise Forces against the Lords who denyed saying that they could not raise any competent forces or Armes against them the whole Counties were so addicted to their favours and being further willed to suffer no Knights to be chosen for their Shires but such as the King and his Councell should name they answered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good precedent for our present Sheriffes whereupon they were dismissed Then were the Lawyers and Judges Robert Trefilian and his companions called before the King to determine the judgements of Treasons 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 need were against the Lords in the day of battle Many of which answered that they neither could nor would stand against the Lords whom they knew for certaine intimately to love the King and to endevour all things study all things doe all things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kings notice The Lords hearing of these proceedings were much sadded being conscious to themselves of no guilt worthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop of London to the King who inclining to credit the same was in an evill houre diverted by De la Pole The Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which they severally gather Forces that they might present their griefes to the King How he favoured Traytors not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speedily prevented The King on the other side by Trayterous Counsellours advise sought how to take them off single before they were united but in vaine by reason their party was so great Meane time some peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thither approaching they are advertised by some who had sworne on the Kings behalfe for good dealing to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which without the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre knights were reported to have laid for
of Yorke to shew and make report unto the Lords of the Parliament of his voluntary Resignation and also of his intent and good minde that he bare toward his Cousin the Duke of Lancaster to have him his Successour and King after him And this done every man took their leave and returned to their own Upon the morrow following being Tuesday and the last day of September all the Lords Spirituall and Temporall with also the Commons of the said Parliament assembled at Westminster where in the presence of them the Archbishop of Yorke according to the Kings desire shewed unto them seriously the voluntary Renouncing of the King with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successour And over that shewed unto them the Scedule or Bill of Renouncement signed with King Richards hand After which things in order by him finished the question was asked first of the Lords If they would admit and allow that Renouncement The which when it was of the Lords granted and confirmed the like question was asked of the Commons and of them in like manner affirmed After which admission it was then declared That notwithstanding the foresaid renouncing so by the Lords and Commons admâ—tted it were needfull unto the Realme in avoiding of all suspicions and surmises of evill disposed persons to have in writing and registred the manifold crimes and defaults before done by the said Richard late King of England to the end that they might be first openly shewed to the people and after to remain of Record among the Kings Records The which were drawn and compiled as before is said in 38. Articles and there shewed readie to be read but for other causes then more needfull to be preferred the reading of the said Articles at that season were deferred and put off Then forsomuch as the Lords of the Parliament had well considered this voluntary Renouncement of King Richard and that it was behovefull and necessary for the weale of the Realme to proceed unto the sentence of his deposall they there appointed by authority of the States of the said Parliament the Bishop of Saint Asse the Abbot of Glastenbury the Earle of Glocester the Lord of Barkley William Thyrning Justice and Thomas Erpingham and Thomas Gray Knights that they should give and beare open sentence to the Kings deposition whereupon the said Commissioners laying there their heads together by good deliberation good counsell and advisement and of one assent agreed among them that the Bishop of Saint Asse should publish the sentence for them and in their names as followeth In the Name of God Amen We John Bishop of Saint Asse or Assenence John Abbot of Glastenbury Richard Earle of Glocester Thomas Lord of Barkley William Thyrning Iustice Thomas Erpingham and Thomas Gray Knights chosen and deputed speciall Commissaries by the three Estates of this present Parliament representing the whole body of the Realme for all such matters by the said Estates to us committed We understanding and considering the manifold crimes hurts and harmes done by Richard King of England and misgovernance of the same by a long time to the great decay of the said Land and utter ruine of the same shortly to have been ne had the speciall grace of our Lord God thereunto put the sooner remedie and also furthermore adverting the said King Kichard knowing his own insufficiency hath of his own meere voluntarie and free will renounced and given up the rule and government of this Land with all Rights and Honours unto the same belonging and utterly for his merits hath judged himselfe NOT UNWORTHY TO BE DEPOSED OF ALL KINGLY MAJESTY AND ESTATE ROYALL We the Premisses well considering by good and diligent deliberation by the POWER NAME AND AUTHORITIE TO US AS ABOUE IS SAID COMMITTED PRONOUNCE DISCERNE AND DECLARE the same King Richard before this to have beene and to be unprofitable unable unsufficient and unworthy to the rule and governance of the foresaid Realms Lordships and all other Appâ—rtenances to the same belonging and FOR THE SAME CAUSES WE DEPRIUE HIM OF ALL KINGLY DIGNITIE AND WORSHIP AND OF ANY KINGLY WORSHIP IN HIMSELFE AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIUE forbiding expresly to all Archbishops Bishops and all other Prelates Dukes Marquesses Earles Barons and Knights and to all other men of the aforesaid Kingdom and Lordships or of other places belonging to the same Realmes and Lordships Subjects and Lieges whatsoever they be that none of them from this time forward to the foresaid Richard as King and Lord of the foresaid Realmes and Lordships be neither obedient nor attendant After which sentence thus openly declared the said Estates admitted forthwith the same persons for their Procurators to resigne and yeeld up to King Richard all their homage and fealty which they have made and ought unto him before times and for to shew unto him if need were all things before done that concerned his deposing The which resignation aâ— that time was spared and put in respite till the morrow next following And anon as this sentence was in this wise passed and that by reason thereof the Realme stood void without Head or Governour for the time the said Duke of Lancaster rising from the place where he before sate and standing where all might behold him he meekly making the signe of the Crosse upon his forehead and upon his breast after silence by an Officer was commanded said unto the people there being these words following In the name of the Father Sonne and holy Ghost I Henry of Lancaster claime the Realme of England and the Crowne with all the appurtenances as I that am descended by right line of the blood comming from that good Lord King Henry the third and through the right that God of his grace hath sent to me with the helpe of my kiâ—â—e and of my friends to recover the same which was in point to be undone for default of good Governance and due Iustice. After which words thus by him uttered he returned set him down in the place where he before had sitten Then the Lords perceiving and hearing this claim thus made by this noble man either of them frained of other what he thought and after a distance or pause of time the Archbishop of Canterbury having notice of the Lords minde stood up and asked the Commons if they would ASSENT TO THE LORDS WHICH in their mindes thought the claime by the Duke more to BE RIGHTFULL AND NECESSARY FOR THE WEALTH of the Realm and of them all Whereunto they cryed with one voice YEA YEA YEA After which answer the said Archbishop going to the Duke and setting him upon his knee had unto him a few words the which ended he rose and taking the Duke by the right hand led him unto the Kings seat and with great reverence set him therein after a certaine Kneeling and Orison made by the said Duke eâ—e he were therein set And when the King
judicature as both King and Kingdome may confide in which will be so far from depressing that it will infinitely advance both the Kings Honour Justice profit and the Kingdomes too Seventhly It is undeniable that the Counsellours Judges and Officers of the Kingdome are as well the Kingdoms Councellours Officers and Iudges as the Kings yea more the Kingdoms than the Kings because the King is but for the Kingdoms service and benefit This is evident by the Statute of 14 E. 3. c. 5. which enacts that as well the Chancellour Treasurer Keeper of the Privie Seale the Iustices of the one Bench and of the other the Chancellour and Barons of the Exchequer as Iustices assigned and all they that doe meddle in the said places under them shall make an Oath well and lawfully to SERVE the King and HIS PEOPLE in THEIR OFFICES which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. 1 Rich. 2. c. 2. swearing and injoyning them To doe even Law and execution of right to all the Subjects rich and poore without having respect to any person c. And if any of them doe or come against any point of the great Charter or other Statutes or the Lawes of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament as well at the Kings suite as at the suite of the party Seeing then they are as well the Kingdomes Councellours Officers Iudges as the Kings and accountable responsible for their misdemeanours in their places as well to the Parliament and Kingdom as to the King great reason is there that the Parliament Kingdome especially when they see just cause should have a voice in their elections as well as the King The rather because when our Kings have been negligent in punishing evill Councellours Officers Iudges our Parliaments out of their care of the publike good have in most Kings reignes both justly questioned arraigned displaced and sometimes adjudged to death the Kings greatest Counsellours Officers and Iudges for their misdemeanours witnesse the displacing and banishing of William Longcham Bishop of Ely Lord Chauncellour chiefe Iustice and Regent of the Realme in Richard the 1. his Reigne Of Sir Thomas Wayland chiefe Iustice of the Common pleas attainted of Felony and banished for bribery by the Parliament 18 Ed. 1. the severall banishments of Piers Gaveston and the â— Spensers the Kings greatest favourites Officers Counsellors for seducing miscounselling King Edward the second oppressing the Subjects and wasting the Kings revenues the removall and condemnation of Sir William Thorpe Chiefe Iustice of the Kings Bench for Bribery 25. E. 3. The fining and displacing of Michael de 〈◊〉 Pole Lord Chauncellour Alexander Nevell and divers other great Officers and Privie Counsellours with the condemning executing and banishing of Tresilian 〈◊〉 and other Judges in 10 11 Rich 2. by Parliament for ill Councell and giving their opinions at Nottingham against Law Of Empson Dudley and that grand Cardinall Wolsey Lord Chancellour and the Kings chiefest Favourite and Counsellour in Henry the eight his Reigne Of the Duke of Sommerset Lord Protector and his Brother Lord Admirall for supposed Treasons in Edward the 6 th his Reigne Of Sir Francis Bacon Lord Keeper and Cranfield Lord Treasurer in King Iames his latter dayes with infinite other presidents of former and latter ages and one more remarkable then all the rest In the Yeare 1371. the 45. of King Edward the third his Reigne and somewhat before the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands Simon Langham Arch-bishop of Canterbury being Lord Chancellour of England Iohn Bishop of Bath Lord Treasurer William Wickam Archdeacon of Lincolne Keeper of the Privie Seale David Wolley Master of the Rolles Iohn Troy Treasurer of Ireland Robert Caldwell Clerke of the Kings Houshold William Bugbrig generall Receiver of the Dutchy of Lancaster William Ashby Chancellour of the Exchequer Iohn Newneham and William de Mulso Chamberlaines of the Exchequer and keepers of the Kings Treasury and Iewels Iohn Roxceby Clerke and Comptroller of the Kings works and Buildings Roger Barnburgh and 7 Priests more Clerkes of the Kings Chancery Richard Chesterfield the Kings under-Treasurer Thomas Brantingham Treasurer of Guives Merke and Calis All these Clergie-men who abounded with pluralities of rich Spirituall Livings though they Monopolized all these temporall Offices in the Parliament of 45 Edward the 3d. by a Petition and complaint of the Lords were displaced at once from these Offices no wayes suitable with their functions and Lay-men substituted in their places And a like president I find about 3 Hen. 3d. where the Clergy Lord Chancellour Treasurer with other Officers were removed upon a Petition against them and their Offices committed to Temporall-men whom they better beseemed If then the Parliament in all Ages hath thus displaced and Censured the greatest Councellours State-Officers Iudges for their misdemeanours ill Counsell insufficiency and unfitnesse for these places contrary to that twice condemned false opinion of the over-awed Iudges at Nottingham in 11 R 2. That the Lords and Commons might not without the Kings will impeach the Kings Officers and Iustices upon their Offences in Parliament and he that did contrary was to be punished as a Traitour and that upon this very ground that they are the Kingdoms Counsellours Officers and Iustices as well as the Kings and so responsible to the Parliament and Kingdome for their faults I see no cause why they may not by like reason and authority nominate and place better Officers Counsellours Iudges in their steeds or recommend such to the King when and where they see just cause Eightly Iohn Bodin a grand Polititian truely determines and proves at large That it is not the right of election of great Officers which declareth the right of Soveraignty because this oft is and may be in the Subjects but the Princes approbation and confirmation of them when they are chosen without which they have no power at all It can then be no usurpation at all in the Parliament upon the Kings Prerogative to nominate or elect his Councellours great Officers and Iudges or recommend meet persons to him which is all they require so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents in case he cannot justly except against them Of which power they never attempted to divest his Majesty though he be no absolute but only a politick King as Fortescue demonstrates Ninthly It hath beene and yet is usuall in most Forraigne Kingdomes for the Senate and people to elect their publike Offiâ—ers and Magistrates without any diminution to their Kings Prerogative In the Roman State the people and Senate not only constantly elected their Kings and Emperours but all their other grand publike Officers and Magistrates as Consuls Tribunes Dictators Senators Decemviri and the like
two years space though his friends very oft petitioned for his liberty and Iohn a Gaunt Duke of Lancaster made Regent of the Realme because of the Kings irrecoverable infirmity summoning a Parliament the yeare following repealed the Statutes made in this good Parliament to the Subjects great discontent who were earnest suiters to the Duke for De la Mare his enlargement and legall tryall which being denied the Londoners upon this and other discontents tooke armes assaulted the Duke spoyled his house at the Savoy and hung up his armes reversed in signe of Treason in all the chiefe streets of London But in the first yeare of Richard the second in a Parliament at London Peter De la Mare and almost all the Knights which plaid their parts so well in the good Parliament for the increase of their Country and benefit of the Realme resuming their Petitions caused Alice Piers who contemning the Act of Parliament and the oaths wherewith she had bound her self presumed to enter the Kings Court to perswade and impetrate from him whatsoever she pleased to be banished and all her movables and immovables to be confiscated to the King notwithstanding she had corrupted with mony divers of the Lords and Lawyers of England to speak not only privately but publikely in her behalfe In the 1. yeare of Richard the 2 d William Courtney Bishop of London Edmond Mortymer Earle of March and many others of whom the Common-people had the best opinion being good wise and famous men were by publike consent appointed Councellours and Regents to the King being but young and this yeare Henry Piercie Earle of Northumberland resigning his Marshalls rod Iohn de Arundel was made Marshall in his place In the third yeare of Richard the second in a Parliament at London the Commons petitioned that one of the Barons who knew how to answer Forraigners wisely and might be mature in manners potent in workes tractable and discreete to be the kings protector Electus est Ergo COMMVNI SENTENTIA c. Hereupon Thomas Beauchamp Earle of Warwicke WAS ELECTED BY COMMON CONSENT IN PARLIAMENT Lord Protector that he migh conâ—inually abide with the King and receiâ—e an honorabâ—e anuall stipend out of the Kings Exchequer for his paines and those Bishops Earles Barons and Iudges assigned to be the Kings Counsell and Gardians the yeare before were upon the Commons petition this Parliament removed because they spent much of the Kings Treasure nullum aâ—t modicum fructum protulerunt In this Parliament Sir Richard Scrope resigned his Office of Lord Chauncellour and Simon de Sudbuâ—y Archbishop of Canterbury contrary to his degree and dignity as many then cryed out was substituted in his place In a Parliament at London in the fifth yeare of King Richard the second Sir Richard Scâ—ope was againe made Chauncellour PETENTIBVS HOC MAGNATIBVS ET COMMVNIBVS at the REQVEST OF THE LORDS AND COMMONS as being a man who for his eminent knowledge and inflexible justice had not his peere in England and Hugh Segrave Knight was then likewise made lord Treasurer Sed quid juvant 〈◊〉 Parliamentorum c. writes Walsiâ—gham of the Acts of this Parliament and Speed out of him But to what purpose are Acts of Parliament when after they are past they take no manner of effect for the king with his Privie Counsell was wont to change and abolish all things which by the Commons and Nobility had beene agreed upon in former Parliaments For the very next yeare the king deposed Scrope from his Chauncellourship and tooke the Seale into his owne hands â—â—aling divers Grants and Writings with it as he pleased and at last delivered the Sâ—ale to Richard Braybrooke which Walsinghaâ— thus relates Lord Richard Scrope Knight qui PER REGNI COMMVNIT ATEM ET ASSENSVM DOMINORVM ELECTVM IN REGNI CANCELLARIVM was in those dayes put from his Office of Chancellor which he had laudably and prudently administred The cause of his removall was his peremptory resistance of the Kings Will who desired to impoverish himselfe to exalt strangers For certaine Knights and Esquires of inferiour ranke being the kings servants begged of the king certaine lands and the demeasnes of such as dyed during such time as by the custome of the Kingdome they ought to remaine in the Kings hands The King being a child without delay granted their requests and sending them to the Chancellor commanded him to grant them such Charters under the great Sâ—ale as they desired But the Chauncellor who ardently desired the benefit of the Realme and the Kings profit plainely denyed their requests alleaging that King was much endebted and that he had neede retaine such casualties to himselfe to helpe discharge his debts That those who knew in what debts the king was obliged were not faithfull to the King whiles they minded more their owne avarice than the kings profit preferring their private gaine before the publicke necessities Wherefore they should desist from such requests and be content with the Kings former gifts which were sufficient for them And that they should know for certaine that he would neither make nor seale any such Charters of â—â—nfirmation to them of such donations of the king who was not yet of full age 〈◊〉 hee should hereaâ—â—â—r receive ill thankes from him Whereupon these Petitioners returning from the Chancellour inform the king that the Chauncellors minde was obstinate and that he would doe nothing at his Command but rather contemne his Royall mâ—ndate that the King ought with due severity speedily to curbe such an unbrideled disobedience or else it would quickly come to passe that the kings honour would grow contemptible among his Subjects and his command be of no value The King therefore who understood as a childe more regarding the false machinations of detractors then the faithfull allegations of his Chauncellour in a spirit of furie sends some to demand his seale of him and to bring it to himselfe And when the king had sent againe and againe by solemne messengers that he should send the seale to him the Chauncellour answered thus I am ready to resigne the Seale not to you but to him who gave it me to keepe neither shall there be a middle bearer betweene me and him but I will restore it to his hands who committed it to mine owne hands not to others And so going to the king Here delivered the seale promising that he would as he had hitherto be faithfull to the king yet denyed that he would hereafter be an Officer under him And then the king receiving the Seale did for many dayes what he listed untâ—ll Master Robert Braibrooke Bishop of London had undertaken the Office of Chancellour When not onely the Nobility of the kingdome but the Commonalty likewise heard that the king contrary to the Custome of the Kingdome had captiously deposed the Chauncellour whom All the Nobilitie of the Kingdome with the suffrage of all the Commons had chosen
against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Arch-bishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against al who should contradict these Articles which they caused to be openly read in Pauls Church London in the presence of the Prelates Lords and Commons of the whole kingdom the King being present Among which Articles they demanded That Magna Charta with other provisions necessary to the Church and Realme should be observed that the King as his Father had commanded should thrust al Strangers out of his Court and kingdome and remove ill Counsellours from him That he would thenceforth order all the affaires of the kingdome by the Counsel of the Clergy and Lords and begin no war nor depart any where out of the kingdome without common consent The King consented to the Articles and banished Piers into Ireland No sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations together with his owne Oath never to reduce Piers sends for him back to his Court marrieth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe to retaine this Gaveston mangre all his Earles Barons and for the love of him to put his Crowne and life in perill when time should serve In which whether the King or his Favourite shewed lesse discretion it is not at the first easily determined it being as unsafe for the one with so offensive behavior to affect immoderate shew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon the Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the Barons message to the King by common consent That he should banish Piers from his company and observe the effect of the foresaid Articles or else they would certainly rise up against him as a perjured person by a like vow which speech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring up if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third time abjure the Realme with this proviso that if at any time afterward he were taken in England he should be forthwith put to death as a perilous enemy to the Kingdome yet he returning in Christmas to the King at Yorke the Lords spirituall and temporall to preserve the Liberties of the Church the kingdom and remove this Viper elected Tho. Earle of Lancaster for their Generall and sent honorable messengers to the King requesting him to deliver Piersinto their hands or drive him from his company out of England as being perswaded while that King-bane breathed peace could never be maintained in the Realme nor the King abound intreasure nor the Queene enjoy his love But the wilfull King would not condescend Whereupon the Lords thus contemned and deluded presently raise an Army and march with all speed towards Newcastle not to offer injury or molestation to the King writes Walsingham the case and purpose of the preâ—ent Parliaments Army but that they might apprehend Piers himselfe and judge him according to the Laws enacted Which when the King heard he fled together with Piers 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 carried to Warwick Castle where he had his head strucke off at the command and in the presence of the Earles of Lancaster 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 Favorite of the Kings Which bred a lasting hatred 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 wickedly killing Piers they stoutly answered That they had not offended in any point but deserved his royall favour for that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act of Pardon that no man should be questioned for Gavestons returne or death printed in old Magna Charta Not long after this unfortunate King doting upon the two Spencers as much as ever he did on Gavesâ—on to whom they succeeded not onely in pride rapine oppression and intolerable inâ—olencies 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 justice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with their forces at Shirborne Thomas of Lancaster being their Captaine they tooke an oath to prosecute their designe to the division of soule and body Then they spoyled these Spencers and their friends goods take their Castles by violence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law and equity and following the impetuousnesse of their minds they march on to Saint Albons with Ensignes displayed and sent solemne messengers to the King then at London commanding him not onely to rid his Court but kingdome too of the Traytors of the 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 indempnity 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 forepast or present transgressions 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 contemptuous Delinquents Whereupon running to their armes they marched up to London entred the City and to avoyd danger the King through the Queenes and others mediation condescended to their desires passing an Act for the Spencers banishment and the Barons indemnities which you may reade in ancient Magna Chartaes Upon 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 Spencers reversed the sentence against them as erroneous gathers an Army encounters and defeates the Barons and puts many of them to death by these Spencers procurements who not content with their bloud procured also
a seigned Proclamation which he caused to be proclaimed throughout the Realme that these Lords were apprehended only for new Treasons committed against him for which he would prosecute them in the next Parliament and not for the old trespasses After which he proclaimes those Lords Traytors Which done he summoned a Parliament at Westminster to this Parliament the King commanded to come all such as he had best confidence in omitting the rest and the Knights were not elected by the Commons as custome required they should be but by the Kings pleasure yea he put out divers persons elected and put in other in their places to serve his turne which was one Article objected against him when he was deposed Against the time of this Parliament the King received a guard of 4000. Archers all Cheshire men as if he would have gone in battle against enemies so that divers came armed to the Parliament out of feare These Cheshire men were rude and beastly people and so proud of the Kings favour that they accounted the King to be their fellow and set the Lords at nought though few of them were Gentlemen but taken from the Plough and other Trades After these rusticall people had a while Courted they grew so bold that they would not let neither within the Court nor without to beat and slay the Kings good Subject as the Cavaliers doe now and to take from them their victuals at their pleasure paying little or nothing for them and to ravish their wives and daughters And if any man presumed to complaine to the King of them he was soone rid out of the way no man knew why nor by whom so that in effect they did what they listed In this Parliament the King having made the Speaker and a great part of mercinary proud ambitious men of the Commons House to be of his side to act what he required them he then prevailed likewise with the Upper House first with the Prelates then with the Lords more out of feare of him then any reason by meanes whereof the Commission Charters of pardon and Acts made in Parliament in the 10. and 11. yeares of his Reigne were quite revoked and declared voyd in Law as being done without authority and against the will and liberty of the King and of his Crowne And withall they declared the Iudges opinions for which they were condemned in that Parliament to be good and lawfull and attainted the said imprisoned Lords of high Treason and confiscated their lands The two Earles hereupon were beheaded and the Duke by reason of his popularity sent over to Callice and there by Hall and others smotâ—ered onely for their former actions which done the King adjourned the Parliament to Shrewsbury where he subtilly procured an Act to passe by common consent that the power of the Parliament should remaine in seven or eight persons who after the Parliament dissolved should determine certaine petitions delivered that Parliament and not dispatched By colour whereof Those Committees proceeded to other things generally touching the Parliament and that by the Kings appointment in derogation of the state of the Parliament the discommodity and pernicious example of the whole Realme And by colour and authority hereof the King caused the Parliament Rols to be altered and defaced against the effect of the foresaid grant After which he much vexed and oppressed his people with divers forced Loanes Oathes Impositions and oppressing Projects to raise money seeking to trample them under his feet and destroy the Realme and tooke all the Jewels of the Crown with him into Ireland without the kingdomes consent 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 vowed to prosecute the Kings ill Counsellours Whereupon King Richard returning out of Ireland hearing of the Dukes great Army assembled against him and knowing that they would rather dye than yeeld out of their hatred and feare of him he dismissed his Courtiers hiding obsurely in corners till he was apprehended and by a Parliament summoned in his name though against his will judicially deposed for his misgovernment Among the Articles exhibited against him in Parliament for his evill government for which he was by sentence dethroned these are remarkable First That hee wastfully spent the Treasure of the Realme and had given the possessions of the Crowne to men unworthy by reason whereof daily new charges more and more were laid on the neckes of the poore Commonalty And when divers Lords were appointed by the high Court of Parliament to commune and treate of divers matters concerning the Common-wealth of the same which being busie about those Commissions he with other of his affinity went about to impeach them of high Treason and by force and threatning compelled the Iustices of the Realme at Shrewesbury to condescend to his opinion for the destruction of the said Lords In somuch that hee began to raise warre against John Duke of Lancaster Thomas Earle of Arundell Richard 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 foresaid Lords and suffered them to rob and pillage without correction or reproofe Item Although the King ftatteringly and with great dissimulation made Proclamation throughout the Realme that the Lords before named were not attached for any crime of Treason but onely for extortions and oppressions done in the Realme yet he 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 to make great fines to their utter undoing And notwithstanding his pardon to them granted yet he made them fine of new Item That he put out divers Sheriffes lawfully elected and put in their roomes divers of his owne Minions 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 sums of money and bound him under his Letters Patents for repayment of the same and yet not one penny paid Item He taxed men at the Will of him and his unhappy Counsell and the same Treasure spent in folly not paying 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 which phantasticall opinion he destroyed Noble men and impoverished the Commons Item The Parliament setling and exacting divers notable Statutes for the profit and advancement of the Commonwealth he by his private friends and solicitors caused to be enacted That no Act then enacted should be more prejudiâ—iall to him than it was to any of his Predecessors though with proviso he did often as he listed and not
may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded and that onely for the publique weale not prejudice of the people The Emperour Otho the first and our King Richard and second as some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subjects blood by civill warres and settle peace within their Realmes and shall not other Kings then most joyfully part with some Punctilioes of their reall or branches of their supposed Prerogatives for the selfesame ends if their Parliaments see good cause to resume them and of right may doe it Fifthly The King though he be the chiefe and principall yet he is onely one member of the Parliament and kingdome the least because but one person though the highest branch the Lords and Commons not elected by but assigned Counsellors to the King by the kingdome and people being the greatest and most considerable part as representing the intire body of the Kingdome Now common reason Law and experience manifests and Aristotle Polit. l. 1. c. 2. with Marius Salamonius de Principatu l. 1. p. 40 41. conclude that the whole or greatest part in all politique or naturall Bodies is of greater excellency power and jurisdiction than any one particular member Thus in all our Corporations the Court of Aldermen and Common Councell is of greater power than the Mayor alone though the chiefe Officer the Chapter of greater authority than the Deane the Deane and Chapter than the Bishop the whole Bench than the Lord chiefe Iustice the whole Councell than the President the whole Parliament then either of the Houses and by like reason than the King especially since one of the three Estates is lesser than the three Estates together who in Parliament by the fundamentall Constitutions of the Realme are not Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination that in an Oligarchie Aristocracie and Democracie whatsoever seemes good to the major part of the Governours of the Common-wealth that is ratified that the whole City Kingdome Family is more excellent and to be preferred before any part or member thereof And that it is unfit the part should be above the whole And in all Courts of Justice Corporations and Elections the major part have alwayes had the greatest sway and constantly over-ruled the lesse though it be but by one casting voyce as is evident to all in the Elections of Knights and Burgesses of and votes in the Parliament in which the King Lords and Commons by the Common Law make up but one intire Corporation since then even in Parliament it selfe the major part over-swayes the rest yea the King himselfe who hath no absolute negative voyce but onely in refusing to passe some kind of Bills not all of which more hereafter doubtlesse the whole or major part of the Parliament which in Law is the whole is above the King the chiefe member of it Which consideration together with the Statutes of 5 R. 2. State 2. c. 4. 6 H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himselfe from the same Parliament till it be fully ended or proâ—ogued without speciall license of the Speaker of the Commons to be entred of Record in the journall Booke under paine of amercement losse of wages other punishment nor any Member of the Vpper House without that Houses license under paine of inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3 E. 3. 19. Fitz. Coron 161. and Stamford l. 3. c. 1. f. 153. compleatly answers that fond cavill of Malignants and Royalists against this Parliament that the King and many of the other Members have wilfully absented themselves from the House of purpose to dissolve it if they could notwithstanding the late speciall Act made by their joynt consents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and Logicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve both Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these absent Members be the greater number why doe they not come and over-vote the rest in the House in a peaceable legall usuall Parliamentary way rather than challenge them into the field in a military illegall unusuall bloody manner unheard of in former ages If the lesser party then present or absent the major part must over-rule them volens nolens as it hath ever used unlesse they will be wilfuller I cannot say wiser than all their predecessors put together As for his Majesties absence from the Parliament by the pernicious advise of evill Counsellors so much insisted on by Malignants I answer First That it was without any just cause given by the Parliament Secondly It was much against their wills who have oft importuned petitioned and used all possible meanes to procure his returne Thirdly His absence was procured and is yet continued by those alone who most unjustly taxe the Parliament for it and would take advantage of this their owne wrong Fourthly though he be personally absent as a man yet he is still Legally present in Parliament called the Kings presence as he is a King as he is in all other his Courts of Justice where all proceedings are entred Coram Rege though the King never yet sate personally in either of them as he hath oft times done in this Parliament for the continuance whereof he hath passed such an Act as will inseparably tye his royall presence to it though the Cavaliers about him should be force with-draw his person from it not onely as farre as Yorke but the remotest Indies yea he must first cease to be King of England ere he can be legally absent from his Parliament of England This his wilfull personall absence from his greatest Counsell which desires and needs it is as many conceive an Act of the highest injustice that ever any Prince could offer of his Parliament worse than Rehoboams forsaking the counsell of his ancient Sages to follow the hare-brain'd advise of his young Cavaelieres for though he followed not their ancient prudent counsell yet he with-drew not himselfe from them as his Majesty now severs himselfe from his Parliament not only without but against all precedents of his Royall predecessors except King Richard the second who once absented himselfe from his Parliament above forty dayes yet then returned to it upon better advise and the very common custome and Law of the Land which he is obliged by his Coronation Oath and many late Protestations added to it constantly to maintaine This appeares most clearely by the ancient Treatise Of the manner of holding of Parliaments in England both before and since the
of the said Scaffold declared and related to all the people how that our Lord the King had taken the said Oath inquiring of THE SAME PEOPLE IF THEY WOULD CONSENT TO HAVE HIM THEIR KING AND LIEGE LORD Who with ONE ACCORD CONSENTED THERETO Which Thomas of Walsingham who relates the whole forme of this Kings Coronation thus describeth Quibus completis Archiepiscopus praecedente eo Marescallo Angliae Henrico Percy convertit se ad omnes plagas Ecclesiae INDICANS POPULO REGIUM JURAMENTUM quaerens SI SE TALI PRINCIPI AC RECTORI SUBJICERE ejus jussionibus obtemperare VELLENT ET RESONSUMESTA PLEBE resono clamore QUOD LUBENTER SIBI PARERE VELLENT Which custome both before and since hath been constantly in this Land observed at the Coronation of our Kings from all these I say it is apparent First that Popish Parliaments Peeres and Subjects have deemed the Crowne of England not meerely successive and hereditary though it hath usually gone by descent but arbitrary and elective when they saw cause many of our Kings comming to the Crowne without just hereditary Title by the Kingdomes Peeres and people free election onely confirmed by subsequent Acts of Parliament which was then reputed a sufficient Right and Title by vertue whereof they then reigned and were obeyed as lawfull Kings and were then and yet so acknowledged to be their right by Election of their Subjects the footsteps whereof doe yet continue in the solemne demanding of the peoples consents at our Kings Inaugurations being seldome or never adjudged an illegall usurpation in any Parliaments whence the statute of 1 E. 4. c. 1. 9 E. 4. f. 2 declares King Henry the 4. 5. and 6. to be successively Kings of England indeed and not of right yet not usurpers because they came in by Parliament Onely Richard the third who treacherously murthered Edward the 5. his Soveraigne and violently usurped his Crowne at first before any Parliament gave it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaughter in Bosworth field was declared an usurper by Act of Parliament 1 Hen. 7. c. 6. and so adjudged to be by 8 H. 7. f. 1. see 1 E. 4. c. 1 c. 9 E. 4. f. 1 2. and Henry the 7. had the Crown set upon his head in the field by my Lord Stanly as though saith Grafton he had been elected king by the voyce of the people as in ancient times past in divers Realmes it hath been accustomed Secondly that those Kings who have enjoyed the Crown by succession descent or election have still taken it upon the conditions and covenants contained in their Coronation Oathes which if they refused to sweare to the Peeres and people really and bona fide to performe they were not then to be crowned or received as Kings but adjured in the name of God to renounce this dignity And though in point of Law those who enjoy the Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent Conditions both contained in their Coronation Oathes which impose no new but onely ratifie the old conditions in separably annexed to the Crown by the Common Law ever since Edward the Confessors daies and long before as Father Littleton resolves the Office of a King being an Office of the greatest trust of any other which the Common Law binds the King well and lawfully to discharge to doe that which to such Office belongeth to doe as the Oathes of all our Kings to their people really to performe these Articles and Conditions fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the Kings pleasure to take or refuse them if he will but necessary and inevitable by the Law and constant usage of the Realm yea of all Christian most Pagan Realms whatsoever which prescribe like Oathes to their Kings From aâ—l which I may firmely conclude that the whole kingdome and Parliament are the Supreame Soveraigne Authority and Paramount the king because they may lawfully and dâ—e usually prescribe such conditions termes and rules of governing the people to him and bind him thus by Oath faithfully to perform the same as long as he shall continue King which Oath our Kings usually tooke or at least faithfully promised to take to their Subjects in ancient times before ever they did or would take an Oath of fealty homage or Allegiance to them as the premises evidence Claus. Rot. 1 R. 2. M. 44. Tenthly Our Parliaments and Kingdome anciently in times of popery and Paganisme have both challenged and exercised a Supreame power over the Crowne of England it selfe to transferre it from the right heire and setle it on whom themselves thought meete to elect for their King and likewise to call their Kings to an account for their mis-government and breach of Oath to the prejudice of their people so farre as to article against them and either by force of Armes or a judiciall sentence in Parliament actually to depose them and set up others in the Throne as the fore-cited presidents of Archigallo Emerian two ancient Brittish Kings of Edwin king of Mercia and others deprived of all honour and kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression Male-administration vicious lives and others elected and made kings in their places evidence which Acts of theirs they then reputed just and legall I shall cite you onely two presidents of this kind which have meere relation to Parliaments The first is that of King Edward the second who being taken prisoner by his Queen Sonne Nobles for his male-administration the Queen with her sonne by the advice of her Councell summoned an high Court of Parliament at Westminster in the Kings name which began the 16 day of January An. 1325. In which assembly it was declared that this Realm could not continue without an head and governour and therefore first they agreed to draw into Articles the Mis-government of the king that was in prison and all his evill doings which he had done by evill and naughty Counsell And when the said Articles were read and made knowne to all the Lords Nobles and Commons of the Realme they then consulted how the Realme should be governed from thenceforth And after good deliberation and consultation of the foresaid Articles of the Kings evill government they concluded THAT SUCH A MAN WAS NOT WORTHY TO BE A KING NOR TO WE ARE A CROWNE ROYALL And therefore they all agreed that Edward his eldest sonne who was there present and was rightfull heire should be crowned King in stead of his Father SO THAT HE WOULD TAKE ABOUT HIM SAGE TRUE AND GOOD COUNCELL and that from thenceforth the Realm might be better governed then before it had been And it was also agreed that the old king his father should be well and honestly kept as long as he lived according
of Saint Michael in the yeere of our Lord God 1389. and the 23. yeere of King Richard the second witnesseth that where by the Authority of the Lords Spirituall and Temporall of this present Parliament and Commons of the same the right honourable and discreet persons hereunder named were by the said Authority assigned to goe unto the Tower of London there to heare and testifie such Questions and Answers as then and there should be by the said honourable and discreet persons heard Know all men to whom these present Letters shall come That we Sir Richard Scroop Archbishop of York Iohn Bishop of Hereford Henry Earle of Northamberland Ralfe Earle of Westmerland Thomas Lord of Barkly William Abbot of Westminster Iohn Prior of Canterbury William Thirning and Hugh Burnell Knights and Iohn Markham Justice Thomas Stowe and Iohn Burbage Doctors of the Law civill Thomas Fereby and Denis Lopham Notaries publike the day and yeer abovesaid betweene the houres of eight and nine of the clock before noone were present in the chiefe Chamber of the Kings lodging within the said place of the Tower where was rehearsed to the King by the mouth of the foresaid E. of Northumb. that before time at Conway in north Wales the King being there at his pleasure and liberty promised unto the Archbishop of Canterbury then Thomas Arundell and unto the said Earle of Northumberland that for insufficiency which he knew himselfe to be of to occupie so great a charge as to governe this Realm of England he would gladly leave off and renounce the right and title as well of that as of his title to the Crowne of France and his Majestie unto Henry Duke of Hertford and that to doe in such convenient wise as by the learned men of this Landit should most sufficiently be by them devised and ordained To the which rehearsall the King in our said presences answered benignly and said That such promise he made and so to the same he was at that houre in full purpose to perform and fulfill saving that he desired first to have personall speech with the said Duke and with the Archbishop of Canterbury his Couzens And furthermore he desired to have a Bill drawn of the said Resignation that he might be made perfect in the rehearsall thereof After which Copy by me the said Earle delivered we the said Lords and others departed And upon the same afternoone the King desired much of the comming of the Duke of Lancaster at the last the said Duke with the Archbishop of Canterbury entred the foresaid Chamber bringing with them the Lord Ros the Lord Burgeiney the Lord Willoughbie with divers others where after due obeysance done by them unto the King he familiarly and with a glad countenance to us appearing talked with the said Archbishop and Duke a good season And that Communication finished the King with a glad countenance in presence oâ— us and the other above rehearsed said openly That he was ready to renounce and resigne all his Kingly Majestie in manner and forme as he before seasons had promised And although he had and might sufficiently have declared his renouncement by the reading of another meane person yet he for the more surety of the matter and for the said resignation should have his full force and strength he therefore read the Scroll of resignation himselfe in manner and forme as followeth In the Name of God Amen I Richard by the grace of God King of England and of France and Lord of Ireland acquit and assoile all Archbishops Bishops and other Prelates secular or religious of what dignity degree state or condition that they be of and also all Dukes Marquesses Earles Barons Lords and all mine other liege men both spirituall and secular of what manner of name or degree they be from their Oath of fealty and homage and all other Deeds and Priviledges made unto me and from all manner of Bonds of Allegeance and Regality or Lordship in the which they were or be bound to me or in any otherwise constrained and them their heires and successours for evermore from the same Bonds and Oaths I release deliver acquit and let them for ever be free dissolved and acquit and to be harmlesse for so much as belongeth to my person by any manner way or title of right that to me might follow of the foresaid things or any of them And also I resigne all my Kingly Dignity Majesty and Crowne with all the Lordships Power and Priviledges to the foresaid Kingly Dignity and Crown belonging and all other Lordships and Possessions to me in any manner of wise pertaining what name or condition they be of out take the Lands and Possessions for me and mine obite purchased and bought And I renounce all right and colour of right and all manner of title of possession and Lordship which I ever had or have in the same Lordships and possessions or any of them or to them with any manner of rights belonging or appertaining unto any part of them And also the rule and governance of the same Kingdome and Lordships with all ministrations of the same and all things and every of them that so the whole Empire and Iurisdictions of the same belongeth of right or in any wise may belong And also I renounce the name worship and râ—gality and kingly highnesse cleerly freely singularly and wholly in the most best manner and forme that I may and with deed and word I leave off and resigne them and go from them for evermore saving alway to my successors Kings of England all the Rights Priviledges and appurtenances to the said Kingdome and Lordships abovesaid belonging and appertaining For well I wote and acknowledge and deem my selfe to be and have bin unsufficient and unable and also unprofitable and for mine open deserts not unworthy to be put down And I sweare upon the holy Evangelists here presently with my hands touched that I shall never repugne to this resignation dimission or yeelding up nor never impugne them in any manner by word or by deed by my selfe nor by none other nor I shall not suffer it to be impugned in as much as in me is privily nor apart but I shall have hold and keep this renouncing dimission and leaving up for firme and stable for evermore in all and in every part thereof so God me helpe and all Saints and by this holy Evangelist by me bodily touched and kissed And for more record of the same here openly I subscribe and signe this present Resignation with mine owne hand And forthwith in our presences and other subscribed the same and after delivered it to the Archbishop of Canterbury saying That if it were in his power or at his assignment he would that the Duke of Lancaster there present should be Successour and King after him And in token thereof he took a Ring of gold from his finger being his Signet and put it upon the said Dukes finger desiring and requiring the Archbishop
frequently disposed of the Crowne of that Kingdome determined the controversies of the right and titles pretended to it and elected Protectors or Regents of the Realme during their Kings minorities or distractions of which I shall cite divers precedents in the Appendix to which I shall referre you Nor yet to trouble you with Spanish Precedents of this nature where the severall claimes and titles of the pretenders to the Crownes have beene oft referred to debated in and finally resolved by their Parliaments and generall assemblies of the States the proper Iudges of such controversies as Ioannes Mariana Euardus Nonius and other Spanish writers determined as Philip the second the 18. King of Portugall his title to that Crowne and his competitors together with the rights and claimes of Alfonso the 1. 3. 5. Iohn the 1. Emanuel and other Kings of Portugall and their Corivals were solemnly debated and determined in the assembly of the States of that Realme and of divers Kings and Queenes of Arragon Castile Navarre A pregnant argument that their assemblies of States are the soveraigne Tribunall since they have power and right to determine and settle the descent right and succession of the Crowne betweene those who pretend titles thereunto I shall confine my selfe to domesticke precedents Not to repeate the forementioned precedents how the Lords and commons when the Title to the Crowne hath been 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 competitors 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 Kingdome Lords and Commons then disposed of the Crowne in cases of minority want of Heires misgovernment and controversies about the Title to the Crowne Canutus after the death of King Edmund Anno 1017. clayming the whole Realme against Edmunds Brethren and Sonnes referred his Title upon the agreement made betweene Edmund and him for this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of fealty to him Offering to defend his right with their swords against all others claimes After his decease the 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 Oxford who gave their voyces to Harold there present and presently proclaymed 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 Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harold◠death enacted by Parliament That none of the Danish blood should any more Reigne over them was elected King and declared right Heire to the Crowne Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to succeed 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 her As much as in them lay after King Henries death if hee died without issue male to establish her Queene of the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill wars to the devastation of the Realme King Stephen and Henry the Sonne of Maude came to a Treaty at Wallingford where by the advise of the Lords they made this accord That Stephen if he would should peaceably hold the kingdome during his life and that Henry should be his adopted Sonne and Successor enjoy the Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should sweare that Henry after the Kings death if he survived him should possesse the Kingdome without any contradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parliament 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. of E. 3. there was a doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should inherit lands in England The King to cleare all doubts and ambiguities in this case and to have the Law herein reduced to certainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliament in the 25. yeare of his Raigne to deliberate 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 of 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 speciall Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a Parliament 1◠E. 3. this Kings eldest sonne was created Duke of Cornewall by Parliament which then also entailed the Dutchy of Cornewall upon the eldest sonnes 〈…〉 of England So 21. R. 2. c. 9. the Principality of Chester 〈…〉 on the Prince by Act of Parliament King Henry the 〈…〉 the inheritance of the Crownes and 〈…〉 his posterity caused them by a speciall 〈…〉 his raigne to be entailed and setled on 〈…〉 and Prince Henry his eldest sonne to be established 〈…〉 heire apparant to him and to succeed him in the said 〈◊〉 and Realmes to have them with their appurtenances after the Kings death to him and the heire◠of his body begotten And if hee should die without heire of his body begotten 〈…〉 remaine to the Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lord Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for the avoyding of 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 be plenteously served of all things necessary both for viande and apparell and if any persons should presume to reare warre or congregate a multitude to deliver him out of prison that then he should be the first that should die for that seditious commotion Which King Richard as Sir Iohn Bagot
goe unto it petitioning the King to desist from this Warre and at last caused the King in Parliament to release these services And Anno 1205. The Lords and Commons for this very reason refused to go with King Iohn to his warres in France to recover his inheritance there In the sixt yeare of King Richard the second in a Parliament holden at London it was for many dayes together debated whether the Bishop of Norwich Henry Spensâ—r whâ—m the Pope had made Generall of his Forces against the Schismatickes of Flanders giving great indulgences to those who should assist him in person or with Monies in this Warre should undertake that Warre or no and after muâ—h opposition of the Captaines of the kingdome alledging that it was not safe to commit the people of the King and kingdome to an unexpert Priest it was at last resolved in Parliament through the constancy and valour of the Knights and Commons that he should undertake this war and goe Generall of the Army Which office he valiantly managed with good successe being a better Souldier than Preacher And the same yeare in another Parliament at London it was Decreed BY THE PARLIAMENT that because the Scots had broken their Faith with the English Faith should be broken with them Frangenti fidem fides frangatur eidem And that a select power should be sent into Scotland out of England to wit a thousand Lances and 2000. Archers to curbe their attempts under the conduct of the Lord Thomas of Woodstocke which the Scots being informed of were greatly afraid and in the end of the Parliament sent humble supplicants to it to treat with them about a peace or truce which they desired But the English having had such frequent experience of their falshood would neither treat nor compound with them but reviling their messengers commanded them to returne home wishing them to defend their heads and rights as well as they could Who returning the Northerne Lords undertooke the defence of their Country untill Thomas of Woodstocke should be pâ—epared to ayd them with greater Forces Loe here both Generalls Armies Warres appointed by the Parliament and Subsidies likewise granted to supply them and the making of a peace or truce referred to them it being agreed in a former Treaty that if any dammage or injury should be done by either Nation one to another some speciall Committees should be sent to the Parliament of both kingdomes every yeare who should publikely relate the injuries sustained and receive amends according to the dammage suffered by the judgement of the Lords In the Printed Statutes of 18 Ed. 3. Parliament 2. and in our Historians too I finde this preamble recited almost verbatim the next Parliament the same yeare chap 1. It is to be remembred that at the Parliament hâ—lden at Westminster the munday next after the Utas of the Holy Trinity in the Reigne of our Soveraigne Lord the King that now is of England the 18. and of France the 5. many things were shewed in full Parliament which were attempted by the adversary party against our Soveraigne Lord the King of France against the Truce late taken in Britaine betwixt our Soveraigne Lord the King and him And how that he enforceth himselfe as much as he may to destroy our said Soveraign Lord the King and his Allies Subjects Lands and places and the tongue of England And that was prayed by our said Soveraigne Lord the King of the Prelates great men and Commons THAT THEY WOULD GIVE HIM SUCH COUNSELL and AIDE AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY And the same Prelates great men and Commons taking good deliberation and advice and openly seeing the subversion of the Land of England and Kings great businesse which God defend if hasty remedy be not provided HAVE COUNSELLED JOYNTLY and SEVERALLY and prayed with great instance our Soveraigne Lord the King that he would make him as strong as he might to passe the Sea in assurance of the ayde of God and his good quarrell effectually at this time TO MAKE AN END OF HIS WARRES BY WAY OF PEACE OR ELSE BY FORCE And that for Letters words nor faire promises he shall not let his passage till he see the effect of his businesse And for this cause the said great men do grant to passe and adventure them with him And the said Commons doe grant to him for the same cause in a certaine forme two Quinzimes of the Commonalty and two Dismes of the Cities and Burroughes to be levyed in manner as the last Quinzime granted to him and not in other manner c. So that the money levyed of the same be dispended in the businesse shewed to them this Parliament BY ADVICE OF THE GREAT MEN THERETO ASSIGNED And that the aydes beyond Trent BE PUT IN DEFENCE OF THE NORTH A pregnant Precedent of the Parliaments interest in concluding Warre and Peace and disposing of the ayde contributed towards warres to such persons and uses as they deeme meete to confide in By these with infinite other precedents the Statute of 1 Iac. c. 2. and the Act of Pacification and oblivion betweene Scotland and England made this very Parliament enacting that no warre shall be levyed or made by any of either Nation against the other without consent of Parliament under paine of High Treason It is evident that the principall right of concluding denouncing Warre or peace resides in the Parliament and that the King without its previous advice and consent ought not to proclaime any open warre since the Subjects estates and persons must support wage it and receive most disadvantage by it a truth not onely implyed but resolved by his Majesties owne royall assent this very Parliament in the Act of Pacification betwixt England and Scotland Neither is this thing unusuall but common in other Kingdomes Livy Polybius Grimston Plutarch Iohn Bodin expresly affirme and confirme by sundry examples That in the Roman State both under their Kings and Emperours the chiefe power of denouncing warre and concluding peace was in the Senate and people And if any of their Emperours Consuls or Generals concluded peace without their consents it did not binde but was meerely voyd unlesse the Senate and people ratified it by a new decree neither might any warre be decreed but in the great assembly of the Senate and people together and by a publike Law And because Caesar had without command of the people made warre in France Cato Uticensis delivered his opinion in the Senate that the Army was to be called home and Caesar for his presumption delivered up to the Enemy So in the States and Kingdomes of the Athenians Aetolians Polonia Sweden Denmarke and Norway no Warre was begunne nor Peace concluded by their Kings but by the authority and preceding decree of their Senates Parliaments and Diets as Bodin proves at large The like Buchanan affirmes of the Kings of Scotland and we have divine authority
they were exceedingly moved with indignation Yet no man durst speake openly of the matter by reason of the malice of those about the king and the irrationall youth of the king himselfe and so the benefits of the king and kingdome were trodden under foote by the countenance of the kings indiscretion and the malice of those inhabiting with him In the ninth yeare of king Richâ—rd the second Michael dâ— la Pâ—le Earle of Suffolke for grosse abuses bribery and Treason was put from his Chauncellourship fined 20000. markes to the king and condemned to dye Haec autem omnâ—a quanquam summe regi placuisse dâ—buerant maximè displicebant adeò fidebâ—t infideli adeo coiuit nebulonem Insomuch that the King and his familiars plotted to murther the Knights of the Parliament who most opposed the subsidie he demaunded and the said Michael together with the Duke of Glocester at a supper in London to which they should be invited thinking by this meanes to obtaine their wills But the Duke and they having timely notice thereof and Richard Exton then Major of Londoâ— freely telling the king when he was called to assent to this villany that he would never give his consent to the death of such innocents though Sir Nicholas Bramber Major thâ— yeare before had thereto assented this wickednesse was pâ—evâ—nted and being made publicke to all the inhabitants in the City and parts adjoyning from thenceforth the hatred of such counsellors and love of the Duke and foresâ—yd knights encreased among all men And the Duke and Knights with greater constancie and courage opposed De la Pole and after many delayes the king full â—ore against his will WAS COMPELLED to give a commission of Oyeâ— terminer to the Duke of Glocestâ—r and â—iâ—hard Earle of Arundell to heare and determine the businesses and complaints against De la Pole and all others which the Knights of the Parliament had accused who gave judgement of death against them and Thomas Arundell Bishop of Ely was mâ—de Chauncellour by the Parliament in De la Poles place and the Bishop of Durham removed from his Lord Treasurership with which he was much enamoted taking much pâ—ines and being at great cost to procure it and 〈◊〉 Gilbert Bishop of Herefoâ—d qui plus liâ— gua quam fide vigebat was suâ—rogaâ—ed in 〈…〉 But this Parliament ending the king immediately received De la Pole whom Walsingham stiles Pâ—rfidiae promptuarium sentiâ—a avaritiae aurâ—ga proditionis archa malitiae odii seminator mendacii fabric tor susurro nequissâ—mus dolo pâ—aestantiss mus artificiosus detractor patâ—iae delâ—toâ— consiliarius nequam meritò perfi us euomens spiritum in terra pâ—regrina together with the Duke of Ireland and Alexander Nâ—vell Archbishop of Yorke into his Court and favour who laboured night and day to incense the King against the Lords and to annull the Acts of this Parliament by which meanes the Kings hatred towards his Nobles and naturall faithfull people increased every day more and more these ill Councellors whispering unto him that he should not be a king in effect but onâ—ly in shâ—dow and that he should enjoy nothing of his owne if the Lords shouâ—d keepe tâ—eir received power The King therefore beleeving them from thenceforth suspected all the Nobles and suffered these ill Councellors and their confederates to wâ—st his revenues and oppressâ— his people Whereupon the next yeare following a Parliament being summoned the Lords and Commons by reason of great and horrible mischeifes and perils which had hapned to the King and the Realme aforetime by reason of evill Councellors and governance about the Kings person by the foresaid Archbishop of Yorke Robert de Vere Duke of Ireland De la Pole Robert Trisilâ—an Lord Chiefe Iustice of England Sir Nicholas Brambre and other their adherents who wasted demished and destroyed the goods treasure and substance of the Crowne oppresâ—sed the people dayly with importable charges neglecting the execution of the good Lawes and Customes of the Realme so that no full right nor justice was done c. whereby the king and all his Realme were very nigh to have beene wholy undone and destroyed for these causes and the eschewing of such like perills and mischeiefes to the King and Realme for time to come displaced and removed these ill Councellors and at their request a new Chauncellor Treasurer and Privie seale were ordained in Parliament even such as were held good sufficient and lawfull to the honour and profit of the King and his Reaâ—me And by advise and assent oâ— the Lords and Commons in Parliament in ayde of good governance of the Realme for the due executi us of good Lawes and the reliefe of the Kings and his peoples â—tates in time to come a speciall Câ—mmission under the great Seale of England confirmâ—d by the Statute of 10. R. 2. c. 1. was granted to both Archbishops the Dukes of Yorke and Glocester the Kings Vnclâ—s thâ— Bishops of Worcester and Exetor the Abbot of Waltham the Earle of Arundle the Lord Cobham and others to be of the Kings GREAT CONTINVALL COVNSELL for one yeare then next following to survey and examine with his sayd Chauncellor Treasurâ—r and Keeper â—f the Privie â—â—ale as well the estate and government of his house as of all his Courts and places as of all his Realme and of all his Officers and Ministers of whatsoever estate as well within the house as without to inquire and take information of all rents revenues profits due to him in any manâ—er within the Realme or without and of all manner of gifts granâ—s alienaâ—ions or confirmations made by him of any Land Tenements Rents Anuities Profiâ—s Revenues Wards Marriages and infinite other particulars specified in the Act and of all kinde of oppressions offenses and dammages whatsoevâ—r donâ— to tâ—e King or his people and them finally to heare and determine And that no man should councell the king to repeale this Commission though it tooke no effect under paine of forfaiting all his goods and imprisonment during the kings pleasure No sooner was this Parliament dissolved but this unhappie seduced King by the instigation and advise of his former ill Councellors endeavours to nullifie this Commission as derogatory to his royall power and sending for his Iudges and Councell at Law to Notâ—ingham Castle caused them to subâ—cribe to sundry Articles tending to the Totall subversion of Parliaments causing the Duke of Glocâ—ster and other Lords who procured this Commission to be indighted of high Treason to which Inditements the Iudges being over-awed with feare set their hands and seales for which illegall proceedings destructive to Parliaments by 11. R. 2. c. 1 to 7. these ill pernicious Councellours and Iudges were attainted and condemned of High Treason put from their Offices their Lands confiscated many of them executed the residue banished and above 20. other Knights Gentlemen and Clergie men who mis-councelled the King imprisoned condemned and banished the Court as
and 14. The Bishop of Durham late Chancellour of England to Henry the 5. deceased and the Bishop of London Chancellour of the Dutchy of Normandy severally shew that upon King Henry the 5. his decease they delivered up their severall Seales after their homage and fealty first made to King Henry 6. in the presence of divers honourable persons whom they name particularly desiring the Lords to attest their surrender of the said Seales at the time and place specified which they did and thereupon they pray that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity which is granted and entred accordingly Numb 15. It was enacted and provided by the said Lord Commissioner Lords and Commons that in as much as the Inheritance of the Kingdomes and crownes of France England and Ireland were now lawfully descended to the King which title was not expressed in the Inscriptions of the Kings Seales whereby great perill might accrue to the King if the said inscriptions were not reformed according to his Title of Inheritance that therfore in all the Kings Seales as well in England as in Ireland Guyen and Wales this new stile should be engraven Henricus Dei Gratia Rex Franciae Angliae Dominus Hiberniae according to the effect of his inheritances blotting out of them whatever was before in them superfluous or contrary to the said stile and that command should be given to all the keepers of the said Seales of the King to reforme them without delay according to the forme and effect of the new Seale aforesaid Numb 16 Duke Humfrey the Kings Commissary and the other spirituall and temporall Lords being sate in Parliament certaine Knights sent by the Speaker and whole House of Commons came before them and in the name and behalfe of the said Commonalty requested the said Duke that by the advise of the said Spirituall and Temporall Lords for the good government of the Realme of England he would be pleased to certifie the said Commons to their greater consolation what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England and Keeper of his Privie Seale Vpon which request so made due consideration being had and full advise taken and the sufficiency of those persons considered which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough the King following his Fathers example and advise by the assent of the said Lord Duke his Commissary and of all and every one of the Lords spirituall and temporall hath nominated and ordained anew the Reverend Father Thomas Bishop of Durham to the Office of his Chancellour of England William Kinwolmaâ—sh Clerk to the Office of Treasurer of England and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid that 〈◊〉 well to the said Chancellor of England as to the said Treasurer of England and to the said Keeper of his Privie Seale for the exercise of the said Offices severall letters patents should be made in this forme Henâ—icus Dei gratia Rex Angliae Franciae Dominus Hâ—berniae omnibus ad quos presentes liteâ—ae pervenerint 〈◊〉 Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES constituimus venerabilem patrem Thomam Episcopum Dunelmensem CANCELLARIVM nostrum ANGLIAE dantâ—s concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro omnes omnimodas auctoritatem potestatem adomnia ea fingula quae ad officium cancellarii Angliae de jure sive consuetudine pertinent seu quovis tempore pertinere consueverunt c. The like Patents verbatim are in the same role mutatis mutandis made to the said Treasurer of England and Keeper of the Privy Seale After which the said Duke by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury the Bishops of Winchester and Worâ—ester the Duke of Excester the Earle of Warwicke the Lords of Ferrers and Talbot to the Commons then being in the Commons House and notified to the Commonalty by the said Lords these Officers to be nominated and ordained to the foresaid offices in forme aforesaid Vpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made rendring many thanks for this cause to our Lord the King and all the said Lords as was reported by the said Lords in the behalfe of the Commons in the said Parliament Numb 17. The liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts are confirmed by Parliament and their grants ordered to be sealed with the Kings new Seales without paying any Fine Numb 18. Henry the 5. his last Will and the legacies therein given are confirmed by the Kings Letters Patents with the assent of the Lords and Commons in Parliament Numb 19. A subsidy is granted to be imployed for the defence of the Realme of England to which end the Lord Protectour promiseth it shall be diligently imployed Numb 22. and 23. The King by assent of all the Lords spiritual and temporall wills and grants that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England and of the Constableship of the Castle of Gloucester from the death of the Kings father so long as it shall please the King with all the fees profits and wages thereunto belonging in the same manner as they were granted to him by his Father Numb 24. The 27. day of this Parliament the tender age of the King being considered that he could not personally attend in these dayes the defence and protection of his Kingdome of England and the English Church the same King fully confident of the circumspection and industry of his most deare Vncles John Duke of Bedford and Humfrey Duke of Gloucester By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall and LIKEWISE OF THE COMMONS in this present parliament hath ordained and constituted his said Vncle Duke of Bedford now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME and of the Church of England and PRINCIPALL COVNSELLOR of our Lord the King and that he shall both be and called Protector and Defendor of the Kingdome and the Principall Councellor of the King himselfe after he shall come into England and repaire into the Kings presence from thenceforth as long as he shall stay in the Kingdome and it shall please the King And further our Lord the King BY THE FORES AID ASSENT and ADVICE hath ordained and appointed in the absence of his said Vncle the Duke of Bedford his foresaid Vncle the Duke of Gloucester now being in the Realme of England PROTECTOR of his said Realme and Church of England
our Queene Elizabeth ayded the Low-Countries against the Tyrannie and oppressions of the King of Spainte and the King of Sweden of late yeares the Princes of Germany against the Tyranny and usurpations of the Emperor upon their sollicitation If then it be thus lawfull for Subjects to call in forraigne Princes to releeve them against the Tyrannie and oppressions of their kings as the Barons in King Iohns time prayed in ayde from Philip and Lewis of France against his tyrannie and those Princes in such cases may justly kill depose or judicially condemne these oppressing Kings and put them to death I conceive these whole kingdomes and Parliaments may with farre better reason lesse danger and greater safety to themselvs their Kings and Realmes take up defensive Armes of their owne to repulse their violence For if they may lawfully helpe themselves and vindicate their Liberties from their Kings encroachments by the assistance and Armes of forraigne Princes who have no relation to them nor particular interest in the differences betweene their kings and them which can hardly be effected without subjecting themselves to a forraigne power the death or deposition of the oppressing King much more may they defend and releeve themselves against him by their owne domesticke Forces if they be able by generall consent of the Realme because they have a particular interest and ingagement to defend their owne persons estates liberties which forraigners want and by such domesticke Forces may prevent a forraigne subjection preserve the life of the oppressing Prince and succession of the Crowne in the hereditary line which forraigne Armies most commonly endanger And certainely it is all one in point of Reason State Law Conscience for Subjects to relieve themselves and make a defensive warre against their Soveraigne by forraigne Princes Armes as by their owne and if the first be just and lawfull as all men generally grant without contradiction and Bractâ—n to l. 2. c. 16. I see no colour but the latter must bee just and lawfull too yea then the first rather because lesse dangerous lesse inconvenient to King and Kingdome From Reasons I shall next proceed to punctuall Authorities Not to mention our ancient Brittons taking up of armes by joint consent against their oppressing tyrannizing Kings Aâ—chigallo Emerian and Vortigern whom they both expelled and deposed for their tyranny and mis-govenment nor our Saxoâ—s rayâ—sing defensive Forces against King Sigebert Osred Ethelred Beornard Ceolwulfe and Edwyn who were forcibly expelled and deprived by their Subjects for their bloody cruelties and oppressions which actions the whole Kingdome then and those Historians who recorded them since reputed just and honourable and no Treasonor Râ—bellion in Law or Conscience being for the Kingdomes necessary preservation and the peoples just defence which Histories I have elsewhere more largely related Nor yet to insist long on the fore-mentioned Barons warre against king Iohn and Henry the 3d. for regaining establishing preserving Magna Chaâ—ta and other Liberties of the Realme which our Kings had almost utterly deprived them off I shall onely give you some few briefe observations touching these warres to cleare them from those blacke aspersions of Rebellion Treason and the like which some late Historians especially Iohn Speed to flatter those Kings to whom they Dedicated their Histories have cast upon them contrary to the judgement of our ancienter Choniclers and Matthew Paris who generally repute them lawfull and honourable First then consider what opinion the Prelates Barons and Kingdome in generall had of these Warres at first Anno 1â—14 in a Parliament held at Pauls the 16. yeare of King Iohns raigne Steven Langton Archbishop of Canterbury produced a Charter of King Henry the First whereby he granted the Ancient Libertâ—es of the Kingdome of England which had by his Predecessors beene oppressed with unjust exactions according to the Lawes of King Edward with those emendations which his Father by the couâ—sell of his Barons did ratifie which Charter being read before the Barons they much rejoyced and swore in the presence of the Archbishop that for these Liberties they would if need required spend their blood which being openly done in Parliament they would never have taken such a publike solemne Oath had they deemed a Warre against the King for recovery or defence of these their Liberties unlawfull and no lesse then Treason and Rebellion in point of Law or Conscience After this the Barons assembling at Saint Edmond bury conferred about the said Charter and swore upon the high Altar That if King Iohn refused to confirme and restore unto thâ—m those Liberties the Rights of the Kingdome they would make Warre upon him and withdraw themselves from his Allegiance untill he had ratified them all wâ—th his Charter under hâ—s great Seale And further agreed after Christmas to Petition him for the same and in the meane time to provide themselves of Horse and Furniture to be ready if the King should start from his Oath made at Wâ—nchester at the time of his absolution for confirmation of these Liberties and compell him to satisfie their demand After Christmas they repaire in a Military manner to the King lying in the new Temple urging their desires with great vehemencie the King seeing their resolution and inclination to warre made answer That for the matter they required he would take consideration till after Easter next In the meane time he tooke upon him the Crosse rather through feare then devotion supposing himselfe to bee more safe under that Protection And to shew his desperate malice and wilfulnâ—sse who rather then not to have an absolute domination over his people to doe what he listed would be any thing himselfe under any other that would but support him in his violences he sent an Embassage the most base and impious that ever yet was sent by any free and Christian Prince unto Miramumalim the Moore intituled the great King of Affrica Morocco and Spaine wherein he offered to render unto him his Kingdome and to hold the same by tribute from him as his Soveraigne Lord to forgoe the Christian Faith as vaine and to receive that of Mahomet imploying Thomas Hardington and Ralph Fitz-Nicholas Knights and Robert of London Clerke Commissioners in this negotiation whose manner of accesse to this great King with the delivery of their Message and King Iohns Charter to that effect are at large recited in Mathew Paris who heard the whole relation from Robert one of the Commissioners Miramumalim having heard at large their Message and the Description of the King and Kingdome governed by an annointed and Crowned King knowne of old to be free and ingenuous ad nullius praeterquam Dei spectans dominationem with the nature and disposition of the people so much disdained the basenesse and impiety of the Offerer that fetching a deepe sigh from his heart he answered I have never read nor heard of any King possessing so prosperous a Kingdome subject and obedient to him
Chichester the day before the battle of Lewis against King Henry and his sonne who were taken prisoners in it by the Barons and 20000. of their Souldiers slaine absolved all that went to fight against the King their Lord from all their sinnes Such confidence had he of the goodnesse of the cause and justnesse of the warre In one word the oath of association prescribed by the Barons to the King of Romans brother to King Henry the third in the 43. yeare of his Raigne Heare all men that I Richard Earle of Cornewall doe here sweare upon the holy Evangelists that I shall be faithfull and diligent to reforme with you the Kingdome of England hitherto by the councell of wicked persons overmuch disordered and be an effectuall Coadjutor TO EXPELL THE REBELLS and disturbers of the same And this Oath I will inviolaby observe under paâ—ne of losing all the lands I have in England So helpe me God Which Oath all the Barrons and their associates tooke by vertue whereof they tooke up armes against the Kings ill Councellors and himselfe when he joined with them sufficiently demonstrate their publicke opinions and judgements of the lawfullnesse the justnesse of their warres and of all other necessarie defensive armes taken up by the Kingdomes generall assent for preservation of its Lawes Liberties and suppression of those Rebels and ill Councellors who fight against or labour to subvert them by their policies In the third yeare of King Edward the 2 d this king revoking his great Mynion Piers Gavâ—ston newly banished by the Parliament into Ireland and admitting him into as great favour as before contrary to his oath and promise the Barrons hereupon by common consent sent the King word that he should banish Piers from his company according to his agreement or else they would certainely rise up against him as a perjured person Vpon which the King much terrified suffers Piers to abjure the Realme who returning againe soone after to the Court at Yorke where the king entertained him the Lords spirituall and temporall to preserve the liberties of the Church and Realme sent an honourable message to the King to deliver Piers into their hands or banish him for the preservatioâ— of the peace Treasure and weale of the Kingdome this wilfull King denies their just request whereupon the Lords thus contemned and deluded raifed an army and march with all speede towards New-Castle NOT TO OFFER INIVRIE OR MOLESTATION TO THE KING but to apprehend Peirs and judge him according to Law upon this the King fleeth together with Peirs to Tinemouth and from thence to Scarborough Castle where Piers is forced to render himselfe to the Barrons who at Warwicke Castle without any legall triall by meere martiall Law beheaded him as a subvertor of the Lawes and an OPEN TRAITOR TO THE KINGDOME For which facts this King afterwards reprehending and accusing the Lords in Parliament in the 7 th yeare of his Raigne they stoutly answered THAT THEY HAD NOT OFFENDED IN ANY ONE POINT BVâ— DESERVED HIS ROYALL FAVOVR for they HAD NOT GATHERED FORCE AGAINST HIM though he were in Piers his company assisted countenanced and fled with him BVT AGAINST THE PVBLICKE ENEMIE OF THE REALME Whereupon there were two acts of oblivion passed by the King Lords and Commons assembled in that Parliament Printed in the 2 d Part of old Magna Charta The first that no person on the Kings part should be questioned molested impeached imprisoned and brought to judgement for causing Pierce to returne from Exile or barboring councelling or ayding him bere after his returne The second on the Barons part in these words It is provided by the King and by the Archbishops Bishâ—ps Abbots Priors Earles Barâ—ns and Commons of the Realme assembled according to our Command and unun mously assented and accorded that none of what estate or condition soever he be shall in time tâ— come be appealed or challenged for the apprehending deteining or death of Peirsde Gaveston nor shall for the said death be apprâ—hended nor imprisoned impeached molâ—sted nor grieved nor judgement given against him by us nor by others at our suite nor at the suite of any other either in the Kings Court or elsewhere Which act the King by his Writ sent to the Iudges of the Kings Bench commanding that tâ—is grant and concord shall be firme and stable iâ— all its points and that every of them should be held and kept in per petuitie to which end he commands them to cause this act to be there inrolled and fiâ—mely kept for ever A pregnant evidence that the Barons taking up Armes then against this Traytor and enemie of the Realme in pursuance of the Act and sentence of Parliament for his banishment though the King were in his company and assisted him all he might was then both by King and Parliament adjudged no Treason nor Rebellion at all in point of Law but a just honorable action Wherefore their taking up Armes is not mentioned in this Act of oblivion seeing they all held it just but their putting Piers to death without legall triall which in strictnesse of Law could not be justified Now whether this be not the Parliaments and kingdomes present case in point of Law who tooke up armes principally at first for defence of their owne Priviledges of Parliament and apprehention of delinquents who seducing the king withdrew him from the Parliament and caused him to raise an Army to shelter themselves under its power against the Parliament let every reasonable man determine and if it be so we see this ancient Act of Parliament resolves it to be no high Treason nor Rebellion nor offence against the King but a just lawfull act for the kings the kingdomes honour and safety Not long after this the two Spensers getting into the kings favour and seducing miscouncelling him as much as Gaveston did the Lords and Barrons hereupon in the 14 th and 15 th yeares of his raigne confederated together to live and dye for justice and to their power to destroy the TRAITORS OF THE REALME Especially the two Spensers after which they raised an Army whereof they made Thomas Earle of Lancaster Generall and meeting at Sherborne they plunder and destroy the Spensers Castles Mannors Houses Friends Servants and marching to Saint Albanes with Ensignes displayed sent Messengers to the King then at London admonishing him not onely to rid his Court but Kingdome if the TRAITORS TO THE REALME the Spensers condemned by the Commons in many Articles to preserve the peace of the Realme and to grant them and all their followers Letteâ—s Pattents of indemnity for what they had formerly done Which the King at first denied but afterwards this Armie marching up to London where they were received by the City he yeelded to it and in the 15 th yeare of his Raigne by a speciall Act of Parliament the said Spensers were disinherited and banished the Realme for mis-councelling the king oppressing the people
in the Kings name spake thus to them My Lords our Lord the King hearing that you were lately assembled at Harenggye Parke in an unusuall manner would not rush upon you as he mâ—ght have easily done had he not had care of you and those who were with you because no man can doubt if he had raised an Army he would have had many more men than you and perchance much â— lood of men had beene spilt which the King doth most of all abhorre and therefore assuming to himselfe patience and mildnesse he hath made choyce to convent you peaceably and to tell him the reason why you have assâ—mbled so many men To which the Lords answered That THEY HAD MET TOGETHER FOR THE GOOD OF THE KING AND KINGDOME AND THAT THEY MIGHT PVLL AWAY THOSE TRAITORS FROM HIM WHICH HE CONTINVALLY DET AINED WITH HIM Tâ—e Traytors they appealed were the foresaid ill Councellors and Nicholas Brambre the false London Knight and to prove this appeale of them true casting down their gloves they said they would prosecute it by Duell The King answered This shall not be done now but in the next Parliament which we appoint to be the morrow after the Purification of the blessed Virgin to which as well you as they comming shall receive satisfaction in all things according to Law The Lords for their owne safety kept together till the Parliament and in the meane time dâ—feated the Forces of the Duke of Ireland raised privately by the Kings Command to surprise them The Parliament comming on in the 11. yeare of Richard the second these ill councellors were therein by speciall Acts attainted condemned of High Treason and some of them executed and these defensive Armes of the Lords for their owne and the Kingdomes safety adjudged and declared to be no Treason but a thing done to the honour of God and Salvation of the King and his Realme witnesse the expresse words of the Printed Act of 11 R. 2. c. 1. which I shall transcribe Our Soveraigne Lord the King amongst other Petitions and requests to him made by the Commons of his said Realme in the said Parliament hath received one Petition in the forme following The Commons prayed that whereas the last Parliament for cause of the great and horrible mischiefes and perills which another time were fallen BY EVILL GOVERNANCE WHICH WAS ABOVT THE KINGS PERSON by all his time before by Alexander late Archbishop of Yorke Robert de Veere late Duke of Ireland Michael de la Pole late Earle of Suffolk Rober Trisilian late Iustice and Nicholas Brambre Knight with other their adherents and others Whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed and for this cause and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same Parliament with a Commission to diverse Lords for the weale honour and safeguard of the King his regalty and of all the Realme the tenour of which Commission hereafter followeth Richard c. as in the Act. And thereupon the said Alexander Robert Mighill Robert and Nicholas and their said adherents seeing that their said evill governance should be perceived and they by the same cause more likely to be punished by good justice to be done and also their evill deedes and purposes before used to be disturbed by the sayd Lords assigned by commission as afore made conspired purposed divers horrible Treasons and evils against the King and the said Lords so assigned and against all the other Lords and Commons which were assenting to the making of the said Ordinance and Commission in destruction of the king his Regalty and all his Realme Whereupon Thomas Duke of Glocester the kings Vncle Richard Earle of Arundle and Thomas Earle of Warwicke perceiving the evill purpose of the sayd Traytors did assemble themselves in forcible manner for the safety of their persons to shew and declare the said Treasons and evill purposes and thereof to set remedie as God would and came to the Kings presence affirming against the said 5. Traytors appealed of High Treason by them done to the King and to his Realme upon which appeale the king our Soveraigne Lord adjourned the said parties till this present Parliament and did take them into his safe protection as in the record made upon the same appeale fully appeareth And afterwards in greâ—t Rebellion and against the said protection the said Traytors with their said adherents and others aforesaid continuing their evill purpose some of them assembled a great power by letters and Commission from the King himselfe as Walsingham and others write to have destroyed the said Duke and Earles appellants and other the kings lawfull leige people and to accomplish their Treasons and evill purposes aforesaid Whereupon the said Duke of Glocester Henry Earle of Darby the sayd Earles of Arundell and Warwicke and Thomas Earle Marshall Seeing the open Destruction of the King and all his Realme if the said evill purposed Traitors and their adherents were not disturbed which might not otherwise have beene done but with strong hand for the weale and safeguard of the King our Soveraigne Lord and of all his Realme did assemble them forcibly and rode and pursued till they had disturbed the said power gathered by the said Traytors and their adherents aforesaid which five Traytors be attainted this present Parliament of the Treasons and evills aforesaid at the suite and appeale of the said Duke of Glocester Earles of Darby Arundle Warwicke and Marshall That it would please our redoubled Soveraigne Lord the King to accept approve and affirme in this present Parliament all that was done in the last as afore and as much as hath beene done since the last Parliament by force of the statute Ordinance or Commission aforesaid and also All that the said Duke of Glocâ—ster Earles of Arunâ—ell and Warwicke did and that the same Duke and Earles and the said Earles of Derby and Marshall or any of them did Or any other of their company or of their ayde or of their adherents or of any of them or touching the Assemblies Ridings Appeales and Pursuites aforesaid â— As a thing made to the Honour of God Salvation of the King maintenance of his Crowne and also of the Salvation of all his Realme therefore doubtlesse no Treason Rebellion nor any offence in point of Law and also to Or 〈◊〉 and Stâ—blâ—sh that ' the said Duke of Glâ—câ—ster Earles of Darby Arundell Wâ—rwicke and Marshall nor none of them nor none of such as have beene of their returne or company force ayde or councell or any of them in the things aforesaid nor none other person for any thing aforesaid shall be impeached molested or grieved at the suite of the king nor of the party nor in other manner because of any assembly riding beating levying of Penons or of Banners discomfiture death of a man imprisonment of any person taking leading away or detinue of any horses
or of any other beasts taking or carriage of goods harnesse armour cattle and other movable goods breaking of houses or of other possessions or goods assault battery robberies thefts comming or tarrying with force and armes or armed in the Kings presence at the Parliament or Councell or else where Raysing of people or exciting the people to rise forcibly against the peace by letters commissions or any other deeds or of any other thing that may be surmised by them or any of them or ought or purposed to have beene done from the beginning of the world touching any of the said matters before the end of this present Parliament by any imagination interpretation or other colour but shall bee quit and discharged for ever except that the King be answered of all the goods and cattels that were to them which be attainted in this present Parliament or to any of them and which goods and things were taken by any person the first day of Ianuary last past or after hitherto We considering the matter of the said Petition to be true and the request of the said Commons in this party to be to the honour of God and the profit of us and our Realme of the assent of the Prelates Dukes Earles Barrors and all others of this present Parliament doe garnt the requests of the said Commons in all points after the forme of the said Petition And moreover of the assent aforesayd we will and grant for the greater quietnesse of our said Realme though that the said Duke or Earles appellants or any other of their company retinue force ayde councell or adherents or any of them have taken led away or withholden any of our Iusticers or any other of our ministers in disturbance of execution of the Law of our Realme of England or in other manner or that they have taken any manner of person as Traitors to Us or to our Realme or other person and the same have voluntarily suffered to goe at large or escape beyond the sea from the 14 th day of Novemb. last past till the end of this present Parliament that they nor any of them be for this cause impeached molested nor grieved any manner of way at the suite of us our heires nor none other party but thereof they shall be quit and discharged for ever nor that they nor any of them be in any wise molested grieved nor impeached at the suite of us our heires or other party for any thing done at any time for to a taine to their purpose against the said appealers or any of them or against any other person for this cause nor for any other thing or deed to affirme the same purposes till the end of this present Parliament but thereof shall be acquitted This Act with others made the same Parliament continued inviolable without dispute for 10. yeers space during w ch there were 8. more Parliaments held w ch approved in but it 21 R. 2. the King having violently seised upon the Duke of Glocester the Earles of Warwicke and Arundell and packed a Parliament to his minde by not summoning any Lords thereto but those of his party by causing divers Knights and Burgesses of his own nomination never chosen by the people to be returned in divers places and overawing the rest with a guard or 4000. Cheshire Archers caused these Lords to be illegally attainted of Treason upon fained pretences out of this old grudge and the Acts of this Parliament to be reversed yet not this Act as I conceive which is part of it being specially saved by 21. R. 2. c. 13. But however by the statute of 1 H. 4. c. 3. 4. the Parliament of 21. was wholly repealed reversed revoked voyded undone and anulled for ever with all the Acts circumstances and dependants thereof and this Parliament of 11. R. 2. Enacted to be firmely holden and kept after the purport and effect of the same as a thing made for the great Honour and common profit of the Realme and ch 5. It is ordained and assented that the Lords and other which were forejudged in the Parliament holden the said 21. yeare or by Authority of the same which now be in life and the heires of the Lords and others that be dead shall be wholly restitute and restored to their names all manner of inheritaments and possessions reversions fees reversions offices liberties and franchises as intirely as the said Lords and others which be in life or the Lords and other which be dead ancestors of the heires or the feoffâ—es of the said Lords or other aforesaid or other feoffees to their use were at the time of the judgement given against them the said 21 yeare by entrie without other suite thereof to be made or livery to be had of the same And all the goods and chattels which were the said Lords or the other persons aforesaid so forejudged whereof the king is not answered and be in the hands of the Sheriffes Escheators or other Officers Ministers or any other and concealed by them the king wills and granteth that the same Lords and other which now be in life and the Executors and administrators of them that be dead shall have thereof delivery and restitution and that the Sheriffes Escheators Officers and Ministers so occupying the said goods and chattels by such concealment bee punished for the same concealement So that by the expresse resolution of these two severall Parliaments these Lords and Commons taking up defensive Armes and making war against those wicked Councellours of this King which sought their ruine and endeavoured the destruction of the Realme though they had the kings presence and commissions to countenance all their actions and proceedings of this nature and the Lords wanted the Ordinances of both houses to authorize this their arming and war was solemnely declared and adjudged to be no Treason nor Rebellion at all nor levying of warre against the king within the statute of 25. E. 3. but contrarywise a thing done to the honour of God the Salvation of the King for if the Kingdome perish or miscarry the king as king must needs perish with it the maintenance of his Crowne supported onely by the maintenance of the kingdomes welfare and the Salvation and common profit of all the Realm and this being one of the first solemne judgements if not the very first given in Parliament after the making of the statute of 25 E. 3. which hath relation to its clause of levying war must certainely be the best exposition of that Law which the Paâ—liament onely ought to interpret as is evident by the statute of 21. R. 2 c. 3. It is ordained and stablished that every man which c. or he thâ— raiseth the people and riseth against the King to make warre within his Realme and of hâ—t be duly attainted and judged in the Parliament shall be judged as a Traytor of High Treason against the Crowne and other forecited Acts and if this were no Treason nor
to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled shâ—uld lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the Country of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwickâ— Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about iâ— The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumber land and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten Bâ—rges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if
can be no wayes excused or concealed Therefore we as we have fore-written have frequently very earnestly beseeched admonished and required him that renouncing this unbeseeming kind of life he would take the study and labour to himselfe whereby he might recover to the holy Church oft-times imploring his aide as King of Romans and her Advocate peace and tranquillity and to the sacred Empire its prestine honours Dominions and finally its emoluments to the assistance and consolation of the Christian world grievously debilitated and oppressed in this regard Now albeit we have most clearely explicated to the foresaid Lord Wenceslaus and exhibited to him in writing these and other more grievous defects concerning him as King of Romans and the Empire yet having heard his answers and having reiterated our serious exhortations moreover having communicated the businesse to the sacred Roman Sea we have never as yet found him to have amended his manners as became a King of Romans namely to recover peace to the Church principally nâ—cessary to the Christian world also to the sacred Empire its dignities lands and Dominions a thing which is most notoriously knowne throughout all the Provinces of the Empire Therefore because we could no longer neither conceale nor endure the remembred and many other defects touching the sacred Church and Empire with grievous losse and mourning by reason of the instant petitions of the persons aforesaid but especially by reason of the Oath wherewith we are obliged to the same as the next superiour members of the sacred Empire therefore as of bounden duty we were to advise and endeavour how the sacred Empire might be more rightly and wholesomly provided for by whose madde and negligent administration those inconveniences have crept in to the safegard and consolation of the Christian world And verily as He in obeying us had performed an acceptable thing so we have sufficiently and seriously called and cited him so as wee have signified to him that unlesse he should be present at the place and day appointed it would come to passe that both in respect of the petitions exhibited to us as likewise in respect of our Oath we should be compelled to take and enter into such counsels whereby the sacred Empire might be better setled most clearely attesting it in our letters For this purpose we appeared at the place and time prescribed together with our Coelectors sufficiently summoned also with the other Princes and of the sacred Empire expecting from day to day whether the foresaid Lord Wenceslaus would appeare to apply a remedy to the foresaid diseases and from thenceforth more rightly to consult about the affaires of the sacred Empire But he neither vouchsafed to appeare nor yet to send any one to us in the name of a Proctor Wherefore when as by reason of so many pregnant and pernicious defects we had admonished and reproved him very often in private and in friendly manner but after that when we could doe no good before the Princes and Nobles and Cities of the Empire in divers Assemblies not without great and grievous expences yet without any fruit therefore we referred all the fore-mentioned things to the sacred Roman Sea But when as neither then he no whit regarded all those things we could conjecture nothing else from thence but that he had laid downe the care both of the Church and Christian world but especially of the sacred Empire Therefore resolving that this mischiefe destructive to the whole Christian Republike was by no meanes to be any longer borne and tolerated with a minde well confirmed after many and various debates and consultations both betweene our selves as also with other Princes and Nobles of the sacred Empire seriously had for the safety of the Church the consolation of the Christian world the honour and profit of the sacred Empire we have thought meet that the foresaid Lord Wenceslaus should at this time be wholly removed from the Roman sacred Empire and all its dignity as one that is negligent and a destroyer of the Empire and unworthy of it Therefore we John Archbish. in the name of the foresaid Lords Coelectors of the sacred Empire and our owne moved both with the commemorated as also with many other notable defects and causes by this our sentence which we give and pronounce by this our present writing DEPRIVE and REMOVE the foresaid Lord Wenceslaus as an unprofitable negligent waster and unworthy Defender of the sacred Empire from the foresaid Roman Empire and from all his degree dignity and Dominions appertaining to the same denouncing to all the Princes Nobles Knights Gentlemen Cities Provinces and Subjects of the sacred Roman Empire that they are altogether free from all homage and Oath made to the person of Wenceslaus in the name of the Empire requiring and admonishing them under the faith of the Oath wherewith they are obliged to the sacred Empire that they doe not henceforth obey and submit to the said Lord Wenceslaus as the King of Romans nor exhibit or suffer to be exhibited to him any right obedience tribute rent or any other revenue by what name soever it may be called but reserve the said duties for a profitable and idonâ—ous King of Romans hereafter to be substituted by Gods gracious assistance In assurance and testimony of all which things We John Archbishop of Mentz have caused this present Instrument to be made by the subscribed Notaries in this patent forme and our great Seale to be affixed thereunto This premised sentence was read and pronounced by us John Archbishop of Mentz in our name and the names of the Lords Coelectors before remembred under the Castle Lonstein at the Rhene in the Diocesse of Triers reaching towards Brubachium out of a publike Throne erected for the use of a Tribunall the Lords Coelectors sitting there in judgement in the yeare of our Lords Incarnation 1400. the eight indiction on Saturday the twentieth day of the month of August a little before the time of the Nones in the eleventh yeare of the Papacy of our most holy Father and Lord in Christ Lord Boniface the ninth Pope by divine providence in the presence of the most illustrious Princes and Lords John sonne of the most illustrious Prince and Lord Rupert Duke of Bavaria and Count Palatine of Rheine Fredericke Burgrave of Norimberge the Noble Philip Lord of Nassau and Sarbrucke Emichon of Luringen John of Zigenhaim Cunrade Burgrave our Canon of Mentz Earles Bernhard of Westerburg John of Limpurge Rinehard of Honowe Barons Mr. Nicholas Berwin of the sacred Page John of Witenburg and Nicholas Burgman of the Decrees Mr. Herman President of Saint Gerion of Colen Doctors of the Law likewise the valiant Knight Sigfride of Lindow our Vice-Commander in Ringaugia John Bossen of Waldeck our Buggrave Beckelnheim and our trusty Henry Rulman of Dadenberg Gerard of Emerberg Lord in Lantscron Fredericke of Sachenheim Culman of Conâ—ren John of Dalburg Rudolfe of Zeiâ—â—ikon as also many other Lords Knights and Gentlemen spirituall and
their destruction attended in ambush The King sweares his innocency promising safe conduct to the Lords if they would come who thereupon came strongly guarded and would trust no longer The King sitting in Royall State in Westminster Hall the Lords present themselves upon their knees before him and being required by the Lord Chancellor Why they were in warlike manner assembled at Haring gye Parke contrary to the Lawes their joynt answer was That they were assembled for the good of the King and kingdome and to weed from about him such Traytors as he continually held with him The Traytors they named to be Robert de Vere Duke of Ireland Alexander Nevill Arch-bishop of Yorke Michael de la Pole Earle of Suffolke Sir Robert Trâ—silian that false Justiciar Sir Nicholas Brambre that false knight of London with others To prove them such They threw downe their Gloves as gages of challenge for a triall by the Sword The King hereupon replyed as knowing they were all hidden out of the way This shall not be done so but at the nâ—xt Parliament which shall be the morrow after Candlemas all parties shall receive according as they deserve And now to you my Lords How or by what authority durst you presume to levy Forces against me in this Land did you thinke to have terrified mee by such your presumption Have not I men and armes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of you all no more than of the basest Scullions in my kitchins Having used these and many like high words he tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The rest of the conference was calme and the whole deferred till the next Parliament then shortly to be holden at Westminster In the meane time that the world might see how little able the King was to equall his words with deeds a Proclamation was set forth in which the King before any tryall cleareth the Lords of Treason names thoâ—e persons for unjust accusers whom the Lords had before nominated The Lords neverthelesse thought not good to sever themselves but kept together for feare of the worst which fell out for their advantage For the Duke of Ireland with the Kings privity such was his false dissimulation had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke slew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare Among the Dukes carriages was found as the devill or rather God would have it certaine Letters of the Kings to the said Duke by which their Counsels were plainely discovered The Lords hereupon march with speed up to London having an Army of forty thousand men the Lord Mayor and City doubtfull whether to displease the King or Lords upon consultation receive the Lords into the City and supply their Army with provisions in the Suburbs Which the King hearing of seemed to slight them saying Let them lye here till they have spent all their goods and then they will returne poore and empty to their houses and then I shall speake with and judge them one after another The Lords hearing this were exceedingly moved and swore They would never remove thence till they had spoken with him face to face And forthwith sent some to guard the Thames lest the King should slip out of their hands and then scoffe at them The King being then in the Tower and seeing himselfe every way encompassed sent a message to the Lords that he would treat with them who thereupon desired him That he would come the next day to Westminster where they would declare their desire to him The King replyed That he would not treat with them at Westminster but in the Tower To which the Lords answered That it was a suspicious place because traines might there be laid for them and dangers prepared to destroy them Whereupon the King sent word They should send thither two hundred men or more to search and view all places lest any fraud should lye hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to him briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability and underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them together with the French packets they had intercepted whereby it appeared he had secretly practised to flye with the Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the Crowne of England held in those parts whereby his honour might diminish his strength decay and his fame perish The King seeing this knew not what to doe especially because he knew himselfe notably depressed At last craving leave they left him confounded and shedding teares yet upon condition that he should come to Westminster the next day where hee should heare more and treate of the necessary affaires of the kingdome Which he promised to doe retaining the Earle of Darby to sup with him But before he went to bed O the ficklenesse of weake Princes and faithlessenesse of their royall words and Protestations some whisperers telling him that it was not decent safe nor honourable for the King to goe thither he changed his resolution The Nobles hearing this were very sad and discontented and thereupon sent him word That if he came not quickely according to appointment they would chuse them another King who both would and should obey the Counsell of his Peeres The King strucke with this dart came the next day to Westminster there attending his Nobles pleasures To whom after few discourses the Nobles said That for his honour and the benefit of his kingdome all Traytors whisperers flatterers evill instruments slanderers and unprofitable persons should be banished out of his Court and company and others substituted in their places who both knew how and would serve him more honourably and faithfully Which when the King had granted though with sorrow they thought fit that Alexander Nevill Archbishop of Yorke Iohn Fordham Bishop of Durham with sundry other Lords knights and Clergy men should be removed and kept in strait prison to answer such accusations as should be objected against them the next Parliament Whereupon they were apprehended forthwith and removed from the Court After the feast of Purification the Parliament much against the Kings will who would have shifted it off at that time began at London The first day of the Session Fulthorpe and all the rest of the Judges were arrested as they sate in judgement on the Bench and most of them sent to the Tower for that having first over-ruled the Lords with their Counsels and direction which they assured them to be according to Law they afterward at Nottingham gave contrary judgement to what themselves had determined formerly Tresilian the chiefe Justice prevented them by flight
Parliament dare trust one the other alone with the premises and it is neither Royall nor Honourable as many beleev for the King to trust the Parliament now alone with these who in their Declarations never desired but professed the contrary that the chiefest command of the Militia when indifferent Officers were appointed should still reside in his Majesty in as ample manner as before there is no other equall honourable just impartiall probable way left to secure or accord both parties in this particular but onely to commit the premises for a convenient time to the custody of such trusty persons nominated by the Parliament to the King or by the King to the Parliament as both sides ioyntly shall allow of and by a speciall Bill to prescribe them such an Oath as shall oblige them to keep and imploy them onely for the ioynt use of King Kingdome and Parliament by the joynt direction of King and Parliament and not by the single warrant or command of either of them whiles this Parliament continues Vnder paine of High Treason both against the King and Kingdome I shall close up this obiection with the words of Seneca Securitas securitate mutua paciscenda est Errat enim si quis existimet tutum esse Regem vbi nihil a regâ— tutum est Vnum est inexpugnabile munimentum Amor Ciuium which the King shall then be sure of when he takes up this resolution Non rempublicam suam esse sed se Reipublicae and shall really trust the Kingdome and Parliament as much as farre forth as he expects or desires they should trust him The Parliaments Right to Elect Privie Counsellours Great Officers and Iudges THe third grand Complaint of the King and Royalists against this Parliament is That they take upon them a power to recommend and nominate to the King his Privie Counsellours Iudges with other great Officers of State demanding that none of them may hereafter especially during Parliaments be ordained by his Majesty but by their Nomination or advice A great affront an intollerable encroachment on the Prerogative Royall as is pretended The lowd clamour against the Parliament if seriously examined will speedily vanish into nothing For first it is already cleared and Fortescue so resolves That Kings themselves the highest Officers and Justiciaries in their Kingdomes were both created and elected at first by the free generall votes of their people from whom alone they received all their Royall Authority having still no other nor greater lawfull power then they conferred on them onely for the defence of their Laws Persons Liberties Estates and the Republicks welfare which they may regulate augment or diminish for the Common good as they see just cause Therefore doubtlesse the people who thus created and elected their Kings at first did likewise constitute and elect all publike Councellours Officers Judges Ministers of the State giving both being and bounds to their severall Offices and Iurisdictions by publike Lawes which is most apparent not only in the Roman Lacedemonian and other Kingdomes but our own too by infinite Acts of Parliament creating regulating and limiting the power Charters Pattents Graunts and proceedings not onely of our Kings but of their Counsellours Chancellous Treasurers Keepers of the Great Seale and privie Seale high Stewards Admiralls Marshalls Masters of the Horse Presidents of the Marches and of York Masters and other Officers of the Court of Wards Iudges and Iustices of all Courts all kinds Sherifs Coroners Customers Searchers Escheators and all other Temporall or Ecclesiasticall publick Officers the right of whose elections remaining originally in the Kingdome and Parliament representing it was never yet irrevocably or totally transferred by them to the King by any publike acts that I have seene and therefore when they see just cause they may make use of this their primitive inherent right of Election without any reall incroachment on the Kings Prerogative Secondly I have already proved that the Heretochs Lieutenants Generall and Sherifs as likewise the Conservators of the Peace in every County through the Realme were anciently elected onely by the Parliament and People not the King though they had the custody power Command of the whole Countey without any impeachment to the Prerogative Royall why then may not these other publike Officers of the Estate be thus nominated and chosen by the Parliament likewise without any just exception or offence Thirdly All Coroners Majors Sherifs Baylifs Aldermen Recorders of London Yorke Bristoll and generally of all Cities Townes and Burroughs throughout the Kingdome which have the chiefe Government of these Corporations Verderers of the Forrest Constables and other Officers have ever anciently and are still at this day elected onely by the People not the King Yea all Arch-bishops Bishops Abbots Priors with other Ecclesiasticall Officers who were formerly Peers and Members of the Parliament and Rulers in the Church were anciently chosen not by the King himselfe but onely by the Clergie and people as sundry Presidents and Statutes manifest and the Conge de'sliers at this day for the Election of new Bishops more then intimate and all this without the least violation of the Kings Prerogative why then may not the Parliament nominate all those publike Officers to the King by Parallell Reason without Ecclipsing his Prerogative Fourthly The Knights Citizens and Burgesses of the Kings and Kingdomes greatest Court and Councell the Parliament the supreamest Counsellors and Iudges of all others to whom all other Courts Counsellors Officers Iudges are responsible for their actions Iudgements advice have alwayes of right beene and yet are elected onely by the Free-holders and Commons of the Realme yea all the members of the Lords house though summoned thither by the Kings Writ and not elected sit there of right not of grace or the Kings free choyse by the fundamentall Lawes and Constitutions of the Realme neither can the King by his absolute Prerogative elect any members of the Commons House or exclude any member of it or Peere of the Vpper House who by vertue of his Peerage ought to sit there without the Houses consents for then if he might elect or exclude one he might likewise choose and seclude more yea most of them by like reason at his pleasure and so subvert the subjects Priviledges and by a Packed Parliament impose what Lawes or Taxes he would on his people to their slavery and ruine Which freedome of the subjects Election and all Lords Summons is so essentiall and necessary to Parliaments that the Parliaments of 21 R. 2. at Westminster and of 38 H. 6. at Coventry were by the Parliaments of 1 H. 4. c. 3 4. Nâ— 21 22. and 39 H. 6. c. 1. adjudged and declared to be void and no Parliaments at all but unlawfull yea devillish Assemblies and Ordinances for this very Reason because in the first of them the Knights were not duly elected by the Commons according to Law
and custome but by the Kings pleasure and the Lords onely of the Kings party contrary to right and reason summoned to it by meanes whereof Will therein ruled for reason men alive were condemned without examination men dead and put in execution by privie murther were adjudged openly to dye others banished without answer an Earle arraigned not suffered to plead his pardon c. and because the latter of them by divers seditious evill-disposed persons about the King was unduly summoned onely to destroy some of the Great Nobles faithfull and Lawfull Lords and other faithfull liege people of the Realme out of hatred and malice which the said seditious persons of long time had against them and a great part of the Knights of divers Counties of the Realme and many Burgesses and Citizens for divers Burroughs and Cities appearing in the some were Named returned and accepted some of them without due and free Election some of them without any Election by meanes and labour of the said seditious persons against the course of the Lawes and Liberties of the Commons of the Realme wherby many great Jeopardies Enormities and Inconveniences wel-nigh to the ruine decay and subversion of the Realme ensued If then the grand Councellors and Judges of this highest Court are and ought to be elected only by the Commons not the King because they are to consult and make Lawes for the Kingdomes welfare safety government in which the Realme is more concerned then the King and Bishops Abbots and Priors likewise whiles members of the Lords House of Parliament were chosen by the Clergy People Commons not the King by semblable or better reason the whole State in Parliament when they see just cause may claime the nomination of all publike Officers of the Kingdome being as much or more the Kingdomes Officers 〈◊〉 the Kings and as responsible to the Parliament as to the King for their misdemeanours in their places without any diminution of the Kings Prerogative Fiftly the Parliament consisting of the most Honourable Wise Grave and discree test persons of all parts of the Kingdome are best able clearely and impartially to Iudge who are the fittest ablest faithfullest most deserving men to manage all these publike Offices for the Kings the Kingdoms honour and advantage better then either the King himselfe his Cabinet-Counsell or any unconsiderable Privadoes Courtiers Favourites who now usually recommend men to these places more for their own private ends and interests then the Kings or Kingdoms benefit therfore it is but just equitable that they should have the principall nomination and recommendation of them to the King rather then any others whomsoever that the King should rather confide herein to their unbiased Iudgements then to his most powerfull trustiest Minions who would out the Parliament of this just priviledge that they might unjustly engrosse it to themselves and none might mount to any places of publike trust but by their deare-purchased private Recommendations the cause of so many unworthy untrusty corrupt publike Officers and Judges of late times who have as much as in them lay endeavoured to enslave both us and our posterities by publike illegall Resolutions against their Oathes and Consciences Sixthly Though our Kings have usually enjoyed the choice of Judges and State Officers especially out of Parliament time yet this hath been rather by the Parliaments and peoples permissions then concessions and perchance by usurpation as appeares by Sherifes and Lieutenants of Counties Elections now claimed by the King though anciently the Subjects right as I have proved And if so a Title gained only by Connivance or Usurpation can be no good plea in Barre against the Parliaments Interest when there is cause to claime it however the Kings best Title to elect these publike Officers is only by an ancient trust reposed in his Predecessors and him by the Parliament and Kingdom with this tacit condition in Law which Littleton himselfe resolves is annexed to all Officers of trust whatsoever that he shall well and lawfully discharge this trust in electing such Counsellors Officers and Iudges as shall be faithfull to the Republicke and promote the subjects good and safety If then the King at any time shall breake or pervert this trust by electing such great Counsellors Officers and Judges as shall willingly betray his Subjects Liberties Proprieties subvert all Laws foment and prosecute many desperate oppressing Projects to ruine or inthrall the Kingdom undermine Religion and the like as many such have been advanced of late yeares no doubt the Parliament in such cases as these may justly regulate or resume that trust so far into their own hands as to recommend able faithfull persons to these publike places for the future without any injury to the Kings Authority It was a strange opinion of Hugh Spensers great favourites to King Edward the second which they put into a Bill in writing That homage and the Oath of Allegiancâ— is more by reason of the Crowne then by reason of the Person of the King and is more bound to the Crowne then to the Person which appeares because that before the descent of the Crowne no Allegiance is due to the Person Therefore put case the King will not discharge his trust well according to reason in right of his Crowne his Subjects are bound by the Oath made to the Crowne to reforme the King and State of the Crowne because else they could not performe their Oath Now it may say they be demanded how the King ought to be reformed By 〈◊〉 of Law or by 〈◊〉 By suite at Law a man can have no redresse at all for a man can have no Iudge but these who are of the Kings party In which case if the will of the King be not according to reason he shall have nothing but â—rrour maintained and conâ—â—med Therefore it behoveth for saving the Oath when the King will not redresse a thing and remove what is evill for the Common people and prejudiciall to the Crowne that the thing ought to be reformed by force because the King is bound by his Oath to governe his Lieges and people and his Lieges are bound to governe in aide of him and in default of him Whereupon these Spensers of their owne private Authority tooke upon them by Vsurpation the sole government both of King and Kingdome suffering none of the Peeres of the Realme or the Kings good Counsellours appointed by the State to come neere him to give him good counsell not permitting the King so much as to speake to them but in their presence But let this their opinion and private unlawfull practise be what it will yet no doubt it is lawfull for the whole State in Parliament to take course that this part of the Kings Royall trust the chusing of good publike Counsellours Officers Judges which much concernes the Republike be faithfully discharged by recommending such persons of quality integrity and ability to all publike places of trust and
of the Parliament so that their grant and assent iâ— Parliament not the Kings is the onely thing that makes them legall and binding to the subject Now both Houses have granted ordered and assented to this Assessement exceeding not the twentieth part of mens estates and given order for the leavying of it and that for the Parliaments Kingdomes religions necessary defence and preservation Therefore it is obligatory and legall though the King himselfe consent not or disassent thereto especially as the present condition of things stands even by the very letter of these acts Secondly this is apparent by the letter of all our publique Acts for the granting of Subsidies Ayds Tenths Fifteenes Taxes Customes Tonnage Poundage or any such like impositions in and by Parliament either by the Temporalty or Clergy which Acts runne usually in this manner The Commons of this Realme HAVE GRANTED FOR DEFENCE OF THE SAID REALME and especially for the safegard and custody of the Sea a Subsidy a Subsidie called Tonnage c. The Prelates Earles Barons and all the Commons of the Realme willingly and with one assent HAVE GRANTED the ninth Lambe ninth sheafe and ninth fleece c. And of Cities and Burroughs the ninth part of all their goods and chaâ—â—â—ls c. in aide of the good keeping the Realme as well by Land as by Sea c. We your pâ—ore Commons desire your excellent Majesty willingly to accept and receive these OUR POORE GRANTS hereafter following as GRANTED of free hearts and good wils as the first-fruits of our good wils and hearts c. by the advice and Assent of the Lords spirituall and temporall GIVE GRANT for the defence of your realm and the keeping and safegard of the seas c. one Subsidy called Tonnage c. The Prelates and Clergy c. as a speciall and significant testimony of their loyall affection c. with one affection and uniforme consent HAVE GIVEN GRANTED foure whole and intire Subsidies We your Commons assembled in your high Court of Parliament humbly present your Majesty with the FREE CHEERFULL GIFT of two intire Subsidies c. All Subsidies and Taxes then being the free gift of the Commons Clergy and Pâ—eres in Parliament and that onely for the defence of the Kingdome by sea and land it is infallible that they do may and can oblige themselves and those they represent to pay such publike Taxes to this end without the Kings concurrence Thirdly this is cleare by considering that the Commons and Lords in Parliament have alwaies had 1. And absolute right and power to grant or deny Taxes Subsidies aydes and assistance as they saw occassion 2. To proportion the aydes and Subsidies granted 3. To limit the certaine manner waies and times of paying and levying them and the persons who shall either pay assesse collect receive or disburse them 4. The ends and uses to which they should be imployed when leavied debarring the King oft times when they saw cause of any power at all to receive or dispose of them appointing Collectors and Treasurers of their owne to receive and issue them out againe by the advice and directions of these as themselves prescribed for which I shall give you some few instances of note in lieu of many more that might be remembred Anno 1237. being the 21 yeere of Henry the third The Parliament after many contestations with the King for his fraud oppressions favouring of Aliens c. to the Kingdomes detriment the King by Oath prâ—mâ—sing amendment granted unto him the thirtieth part of all their moveables excepting ready Money Horse and Armour to be imployed for the Common wealth and benefit of the Realme with this condition often annexed that the King should leave the Counsell of Aliens and onely use that of his naturall Subjects And for more security it was ordained that foure Knights of every Shiere and one Clerke of the Kings in every severall Shiere shall upon their oâ—thes collect receive and deliver the said Subsidy either into some Abbey or Castle to be safely reserved there and disposed of for the benefit of the King and Kingdome by the view and counsell of the Earle Warren or others when there should be need Or otherwise if the King fâ—iled in performance of His promises and grants it ought to be faithfully restored and distributed to the Country whence it was collected In the 11. yeere of King Edward the 2. Anno 1318. The Parliament not daring to trust this prodigall mis-counselled King with moneys instead of Subsides granted him an aide of armed men against the Scots London set forth 200. Canturbury 40. Saint Albanes 10. and so all other Burroughs and Cities according to their proportion whereby a great Army was leavied The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. Stat. 2. c. 1. 18. E. 3. Parliament 2 3. forecited at large part 2. p. 8. 9. 31 H. 6. Num. 41. 21 Iac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certaine Nobles and others whom they nominate and appoint Treasurers to receive and issue them to the ends for which they granted them prescribing them an oath to issue none of them to other purposes or in any other maner then they prescribed Yea the Acts of former Parliaments and this present concerning Tonnage Poundage Polemoney and Subsidies frequently do the like Therefore the granting and disposing of those Taxes Aydes Subsidies rests wholly in the Commons and Lords and no waies on the King who commonly desires the Parliament to great them Fourthly this is further evidenced by the Kings usuall answer and assent unto such Bills as these Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE auxy le vâ—ult taking it wholly as a free grant from them which assent in this case is rather formall then substantiall it being the Commons and Lords owne consent only to Bils of this nature not the Kings that make the Taxes and Impositions binding as the forecited Statutes the Petition of Right 3 Caroli Fortescue and our Lawbookes resolve and I have elsewhere manifested more at large Therefore the want of the Kings assent or disassent to the Parliaments present assâ—ssement for the Kingdomes necessary defence in the present extremity when the King not onely wilfully absents himselfe from but hath raised Armes against the Parliament is not materiall nor simply necessary in point of Law though usually requisite and necessary for formality sake at other seasons to compleat such Acts since Sepenumero Necessitas vincit legem quod necessarium est liciâ—um est as this assessement now is though all formalities be not punctually observed as is resolved in Dormers case Cooke l. 5. f. 40. b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do really and legally represent all the
Commons and the Lords and they the whole Realm and all the people of England so that what ever Tax is imposed and assented to by them or by both Houses onely without the King who represents no man but Himselfe alone is in point of Law imposed and assented to by all the Commons and whole Realm of England as the recitals in all our Statutes and Law-bookes resolve though the King assent not to it If therefore as our Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor and the like by all or the greater part of the Corporations Parishioners Tenants and Taxes imposed by them for the Common good as repairing of Churches High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings assent Then by the same or better reason the imposiâ—ions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament representing the whole Commons and Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought in point of Law to oblige all the Subjects in this case of necessity at least as long as the Parliament continues sitting and this their representation of them remains entire especially being for the necessary defence of the Parliament Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremley This I shall further cleare by some ancient and late judgements in point Mâ—ch 14. Ed. 2. rot 60. in the Kings Bench William Heybâ—rne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Not guilty the Jury â—ound a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Maâ—kes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe nothing but by his consent as a servant to him and the Commonalty of Durham therefore he was no trespâ—sser Which case was agreed for good Law by all the Iudges in the late Case of Ship-money argued in the Exchequer Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance where of they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted the Lords and Commons considering what a solemne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Proteâ—tant Râ—ligion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the sam c. as in the Protestation made by both Houses consents when fullest And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament for the necessary defence of the Realm the Subjects Parliaments Priviledges Rights and the Reformed Religion all actually invaded endangered by an Ordinance of both Houses without the Kings consent then absent from and in open hostilitie against them impose a generall Assessement upon all the Subjects NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES And for non-payment prescribe a distresse c. Why this Assessement in this case of necessitie being thus made by assent of both Houses and so of all the Kingdom in them in pursuance of this Protestation should not as legally yea more justly oblige every particular subject though the King assented not thereto as well as that agreement of the men of Durham did oblige them even in point of Law Justice Conscience transcends my capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searched and measured before they were sold and that a penny should be paid for every Cloth for the Officer that did the same and that six shillings eight pence should be forfeited for every Cloth not brought thither and searched was good to binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assent of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assâ—ssing of a certain summe of Money upon every Inhabitant for the erecting of Courts there the Terme being then adjourned thither from London by reason of the Plague with a penalty to be levyed by distresse for non-payment of this Tax was good to bindâ— all the Inhabitants there because it was for the publike good Mich. 31. and 32. Eliz. in the Kings Bench Williamâ— Iefferies Case and Pasch. 41. Eliz. Pagets Case it was
secular standing by in great number called and requested to the things above written And I Nicholas Berchtoldi Fridberg Clerke publike Notary of the Diocesse of Mentz by Episcopall and Emperiall authority and sworne Scribe of my foresaid most gracious Lord Lord John Archbishop of Mentz because at that time I was personally present when this sentence which we have fore-writ was given and pronounced together with the publike Notaries and witnesses commemorated and saw and heard all these things to be done therefore at the command and request of my foresaid most gracious Lord of Mentz have reduced this publike instrument faithfully put in writing into publike forme and have subsigned and ratified it with my accustomed signe of Notariship having likewise annexed the great Seale of my foresaid Lord of Mentz in assurance and testimony of all the premises The names of the Notaries are Nicholaus Berchtoldi Fridburgensis Ioannes Meier junior Gasterveidensis Conradus a Leiborn Clerious Padebornensis diaecesis Henricus Sâ—alberg Rotenbergensis Tilmannus a Honberg Conradus Coler Zusâ—ensis Coloniensis diaecesis Finally it is evident that the Nobles Magistrates Parliament and representative body of the people or some part of them in default of the rest may lawfully take up defensive armes to resist their Princes endeavouring to abrogate the Law of God to waste the Church and extiâ—pate the true Religion setled among them by the Lawes and usher in Idolatry And that in such a case as this neighbour Princes and States lawfully may yea and ought in point of conscience to aide the Subjects of other Princes afflicted for the cause of pure Religion professed by them or oppressed by open Tyranny These propositions are largely and professedly debated by Iunius Brutus in his Vindiciae contra Tyrannos quaest 1. 2. 4. throughout in the Treatise intituled De Iure Magistratus in Subditos spent wholly in this Theame Georgius Obrectus Disput. Iurid de Principiis Belli Num. 125. to 199. by Vasquius Contr. Illustr 36. n. 30. and elsewhere by Alhericus Gentilis and sundry others forecited I shall onely fortifie the later part thereof with the observation of the Duke of Rhoan who acquaints us that it is and hath beene of later yeares the very true interest honour and greatnesse of the Kings and Queenes of England both in point of policy and Religion to protect and assist with armes all Princes of the Reformed Protestant Religion in France Germany and other parts as it is the true interest of the Kings of Spaine to protect and releeve all oppressed or grieved Roman Catholicks under the Dominion of other Princes and that their honour safety and greatnesse principally consists in the observation and maintenance of this their interest and with the words of Iunius Brutus who thus states and debates the Question An Iure possint aut debeant Vicini Principes auxilium ferre aliorum principum subditis religionts causa afflictis aut manifesta tyâ—annide oppressis In defining this question saith he there is more need of conscience then science which would be altogether idle if charity obtained its place in this world But because as the manners of the times are now there is nothing more deare or rare among men then charity it selfe we thinke meete briefely to discusse it The Tyrants as well of soules as bodies as well of the Church as Common-wealth or Realme may be restrained expelled and punished by the people Both these we have already proved by reasons But because such is the fraud of Tyrants or such the simplicity of subjects for the most part that they are scarce known before that they have spoyled or these scarce thinke of their safety till they have almost perished and are reduced into those straits out of which they cannot get out with their owne forces so as they are compelled to implore the aide of other it is questioned Whether they defending the cause of Religion or of the Common-wealth of the Kingdome of Christ or of their owne Kingdome other Christian Princes may lawfully assist them And truly many whiles they have hoped to increase their wealth by ayding the afflicted have presently judged it to be lawfull For thus the Romans Alexander the great and many others under pretext of suppressing Tyrants have frequently enlarged their Dominions and not long since we have seene Henry the second King of France to have made warre with the Emperour Charles the fifth and that under pretext of succouring and defending the Princes of the Empire and of the Protestants too as also Henry the eighth King of England was ready to aide the Protestants in Germany to make worke for Charles the fifth But if any danger may be feared from thence or little gaine may be expected then verily they must heare most Princes disputing whether it be lawfull or no And as those under a pretext of piety did cover either ambition or gaine so these pretend justice for their sloathfulnesse when as verily neither did piety exhort them which seekes onely the good of others nor yet justice ought to dehort these which looks wholly abroad and is as it were cast out of its owne doores Therefore discharging both these let us see first in the cause of Religion what true piety and what true justice may perswade First let it be agreed that there is but one Church whose head is Christ and whose members so cohere and agree among themselves that none of them even the smallest can suffer violence or hurt but the rest are hurt and suffer griefe as the whole Scripture teacheth Therefore the Church is compared to a body Now the body is oft-times affected not onely with the hurt of the arme or legge but even of the very least finger or perisheth with its wound Therefore in vaine may any one boast that he is cordially affected with the safety of the body who when he may defend the whole yet suffers it to be torne and mangled limb after limb It is compared to a buildings Now where mines are made against any part of the building the whole building oft-times fals downe to the ground and the flame which invades any part thereof enâ—â—â—gers gers the whole Therefore he should be ridiculous who because he 〈◊〉 in the callaâ— perchance should delay to drive the flame from the top of the house He should be scarce in his wits who would not prevent mines with countermines because they are made against this wall not against that It is also compared to a Ship Now the whole Ship is endangered together the whole perisheth together Therefore those are equally safe who are in the fore part as those who are in the puppe those who are in keel as safe as those in the shroâ—ds if the storme rage whence verily even in the common proverb those who are conversant in the same danger are said to be in the same Ship These things laid downe verily he who is not moved with its griefe burning to ssing is not of that body is