Selected quad for the lemma: majesty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
majesty_n	king_n	lord_n	message_n	2,536	5	9.9777	5	false

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

Historians and Hen●y the fourth elected and created King in his stead In both which depositions the Popish Prelares were chiefe 〈…〉 ctors ſ Speed p. 869. 878. 879. 887. Holingshead Polychronicon Fabian Grafton Hall Stow Caxton in their lives Anno 1462. King Henry the sixt Queen Margaret and Prince Edward their Sonne were by a Popish Parliament disinherited of their right to the Crowne and Edward the fourth made King after which King Henry was by another Parliament recrowned and reestablished in his Kingdome and Edward the fourth declared 〈…〉 Traytor and usurper of the Crowne And not long after Edward taking King Henry prisoner and causing him to be murdered in the Tower another Popish Parliament Anno 1472. abrogated King Henries Lawes and ●eestablished King Edward All this have our Popish Parliaments Prelates Lords and Commons formerly done and that rightly and legally as they then supposed which far transcends the highest st●aines of pretended in●roachments on his Majesties royalties by the present Parliament which detests such presidents Secondly our Popish Parliaments Pecres and Prelates have oft translated the Crowne from the right heires ●nd setled it on others who had no lawfull right or title to it electing and acknowledging them for their one●y Soveraigne Lords in which actions the Popish Prelates and Clergy were commonly the Ring-leaders witnesse their t Speed p. 410. 411. 425 426. 404. to 407. 410. 416. 418. 419. 455 456. 466 467. 548 549. 550. 590. 591. See Matthew Paris Matth. Westminster Malmesbury Hunting don Eadmerus 〈…〉 bian Walsingham Caxton Polychronicon Polydo● Virgil Hall Gr●●t●n Stow How Hollinshead Haywar● M●●tin Daniel and Sir 〈…〉 their severall lives of these Kings electing and crowning of Edward who was illegitimate and putting by Ethelred the right heire after ●dgars decease An. 975. The electing and Crowning Canutus King a meere forrainer in opposition to Edmund ●he right heire to King Ethelred An. 1016. Of Harold and Hardiknute both elected and crowned Kings successive●y without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned and tortu●ed to death An. 1036. and 1040. yet after Hardiknutes decease Edward surnamed the Confessor was chosen King by consent of Parliament And the English Nobilitie upon the death of King Harold enacted That none ●f the Danish blood should any more reigne over them After this Kings death Edgar Etheling who had best title was rejected and Harold elected and crowned King so after William the Conquerors decease Anno 1087. Robert ●he elder brother was pretermitted and William Rufus the younger brother crowned and established in the Throne After whose death Henry the first his younger brother though not next heire was elected King ●y the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their ●wne liking upon faire promises for resorming bad and rigorous Lawes remission of Taxes exacted on the Subjects and ●unishment of the chiefe causers of them and a solemne oath to frame good Lawes and ratifie Saint Edwards Lawes ●ll which he really performed So after the death of Richard the first John Earle of Morton was elected and crowned King and his Nephew Arthur the right heire disinherited And he dying his sonne Henry the third was ●lected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in ●he case of King Henry the fourth King Edward the fourth and Richard the third made Kings by Acts of Par●●ament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles ●y way of usurpation and the right hereditary line put by Such a transcendent power and ●urisdiction as this 〈…〉 disinherite the right heire and transferre the Crowne to whom they throught meerest neither the present nor ●ny other Protestant Parliament Peeres or Subjects ever claymed or exercised though Popish Parliaments ●relates Lords and Commons have thus frequently done it of which you may reade more in 25. H. 8. c. 22. 26. 〈…〉 8. c. 12. 28. H. 8. c. 7. 35. H. 8. c. 5. Thirdly the Lords and Commons in times of Popery have sent our writs and summoned a Parliament in the Kings name and forced the King to call a Parliament without and against his full consent Thus they summoned and held a Parliament in Ireland Anno 1341 refusing to come to a Parliament there summoned by the Kings officers and authority as the u In Camdens Britania English p. 188. Irish Annalls doe more at large record Thus they x Walsingham Hist. Ang. p. 107. 398. Speed p. 681. 757. summoned and held two Parliaments here in England to depose King Edward the second and King Richard the second without these Kings consents and by two severall Acts of Parliament 4. E 3. c. 4. and 36. E. 3. c. 10. enacted That for the maintenance of the Lawes and Statutes and redresse of divers mischiefes and grievances which daily happe●eth a Parliament shall be holden every yeare once and more often if need be whereas this Parliament was 〈…〉 called but by the Kings owne free consent and hath moderated these former Acts by changing the annuall into 〈…〉 triennuall Parliament by a speciall Bill to which his Majestie gave his full and free assent y Myrror c. 1. sect 3. p. 10. Co. instit on Littleton f. 110. Spelman Concil p. 347. Long before which Acts King Alfred in an assembly of Parliament ordained this for a perpetuall custome that a Parliament should be called together at London twice every yeare or oftner in time of peace to keep the people of God from sinne th 〈…〉 they may live in peace and receive right by certaine usages and holy judgements Fourthly Our Popish Barons Prelates and Commons have refused to meet in Parliament when the King ha 〈…〉 summoned them by his writ z Matth. Paris An. 1233. p. 344 473 c. Speedes Hi. p. 607. to 613. Anno Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Oxford where the King now resides but they all joyntly sent him an expresse messag 〈…〉 that they would not come upon his summons for that the Kings person went guarded with Poictovines othe 〈…〉 strangers who swayed and miscounselled him as ill Counsellors doe now the King so as they could no 〈…〉 there appeare with safety at which message the King grew very angry resolving that they should bee on 〈…〉 twice and thrice summoned to appeare Whereupon Roger Bacon who usually preached before the King freely told him That if he did not remove from him Peter Bishop of Winchester and Peter de Rivallis his malign 〈…〉 Counsellors he could never be quiet And Roger Bacon a Clergy man also of a pleasant wit seconding Robert advise told the King that Peirae and Rupes were most dangerous things at Sea alluding to the Bishops name Petrus de Rupibus The King hereupon comming a little to himselfe and taking that

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

houses license under paine a Major Pars est totum Brookes Corporations 34. Smiths Common-wealth of England l. 2. c. 3. ●f inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3. E. 3. 19. Fitz. ●orone 161. and Stamford l. 3 c. 1. f. 153 compleatly answers that fond cavill of the Malignants ●nd Royalists against this Parliament that the king and many of the other members have wilfully ●bsented themselves from the House of purpose to dissolve it if they could notwithstanding the late ●peciall Act made by their joyntconsents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and ●ogicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve ●oth Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these ab●ent members be the greater number why doe they not come and over-vote the rest in the House in peaceable legall usuall Parliamentary way rather then challenge them into the field in a military ●legall unusuall bloody manner unheard of in former ages If the lesser party then present or ab●ent the Major part must over-rule them volensnolens as it hath ever used unlesse they will be wil●●ller I cannot say wiser then all their predecessors put together As for his Majesties absence from Parliament by the pernicious advise of Evill Counsellors so Object ●uch insisted on by Malignants I answer 1. That it was without any just cause given by the Parliament Secondly It was much Answ ●gainst their wills who have a See their Messages and petitions to the king to this purpose oft importuned petitioned and used all possible meanes to procure ●is returne 3. His absence was procured and is yet continued by those alone who most unjustly ●axe the Parliament for it and would take advantage of this their owne wrong Fourthly though ●e be personally absent as a man yet he is still Legally present in Parliament called the kings pre●ence as he is a king as he is in al other his Courts of Iustice where all proceedings are entred b See Camdens Brit. p. 163. which stiles the Parliament the kings presence The Register of Writs Old New Natura Brevium old and new book of Entries Cookes Institures on Littleton f. 71. 6 Co●am Rege though the king never yet sate personally in either of them as he hath oft times done in his Parliament for the continuance whereof he hath passed such an Act as will inseperably tye his ●oyall presence to it though his Cavaliers about him should by force withdraw his person from it ●ot onely as farre as Yorke but the remotest Indies yea he must first cease to be king of England ere ●e can be legally absent from his Parliament of England This his wilfull personall absence from ●is greatest Counsell which desires and needes it is as many conceive an Act of the highest in justice ●hat ever any Prince could offer to his Parliament worse then a ● King 12. 2 Chron. 18. Reh●boams forsaking the counsell ●f his ancient Sages to follow the hare braind advise of his young Cavaleers for though he follow●d not their ancient prudent counsell yet he withdrew not himselfe from them as his Majestie ●oth now sever himselfe from his Parliament not onely without but against all prefidents of his ●oyall predecessors except king b Richard the second who once absented himselfe from his Parlia●ent above 40. dayes yet then returned to it upon better advise and the very common custome and ●aw of the Land which he is obliged by his Coronation oath and many late protestations added ●o it constantly to maintaine This appeares most clearely by the ancient Treatise of the man●er of holding of Parliaments in England both before and since the conquest * See Minshes Dictionary Title Parliament f. 526. tende●ed to and ap●roved by the Conquerone himselfe newly printed 1641 which in the Section touching the kings ●bsence from Parliament resolves thus The king is BOVND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily ●icknesse and then he may keepe his chamber yet so as he lye not without the Manour or Towne ●t the least where the Parliament is held and then he ought to send for 12. persons of the grea●est t Grafton p. 348. 349. 350. and best of them that are sommoned to the Parliament that is 2. Bishops 2. Earles 2 Ba●ons 2. Knights of the shire 2 Burgesses and 2. Citizens to looke upon his person to testifie and ●itnesse his estate and give A uthority to the Arch-bishop of the place the Steward of England ●nd chiefe justice that they joyntly and severally should begin the Parliament and continue the same ●● his name expresse mention being made in that commission of the * Note this cause of his absence there ●hich ought to suffice The reason is because there was wont to be a cry and murmure in the Par●iament for the kings absence because his absence is hurtfull and dangerous to the whole commo●alty of the Parliament neither indeede OVGHT OR MAY HE BE ABSENT BUT ONE●Y IN THE CASE AFORESAYD And whereas Malignants clamour that most of the ●ords are absent as well as the king and therefore this can be no lawfull Parliament The same ●uthor will in forme them that if the Lords be once sommoned to Parliament and then appeare ●ot or absent themselves the king may hold the Parliament with the commonalty and commons ●f the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in Eng●●nd because he represents a whole county towne or city the other himselfe alone without Bishops ●arles or Barons because in times past before there was either Bishop Earle or Baron yet even ●hen kings kept their Parliaments but on the contrary no Parliament can be kept by the king and ●eeres if all the Commons for the kings misgovernment or such like cause should absent them●●lves This is the judgement of r In Holinsheads Chronicle of Ireland f. 127. 128. Master John Vowel too who writes in this manner Yet ne●●rthelesse if the king in due order have sommones all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld ●● any thing then the king with the consent of his Commons may ordain establish any acts or Lawe● which are as good sufficient and effectuall as if the Lords had given their consents But on th● contrary if the Commons be sommoned and will not come or comming will not appeare or appe●ring will not consent to doe any thing alleaging some just weighty and great cause the King in thes● cases d Cromptons Iurisdiction of Courts f. 8. 4. H. 7. 18. 7. H. 7. 14. 11. H. 7. 27. Parliament

by Parliament and violently p●t to death though the Kings highest Officer and darling Minions o Walsingham Holinsh Speed Grafton Stow in 11 R. 2. c. 1. 6 7. Froysards Chron. part c. 97. Michael De La Pole wi●h other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peere● in Parliament together with Trisilian Belknap and their fellow Judges who misadvised him in point of Law p Hall Stow Speed Holinsh Grafton Fox in H. 6. Humph●ey Duke of Glocester Protector to King Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered q Hall Holi Grafton Stow in H. 8. Cardinall Wolsey that powerfull favourite ●o King Hen●y the eight accused and put from his Chancellorship and other Offices by the Parliament r Fox Speed Holinshed Stow Grafton in Ed. 6 The Duke of Sommerset Lord Protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Depu●y of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our Stories and Records Nay Queenes themselves have undergone ●he censures of Parliament of which we have sundry precedents in ſ See Fox Hall Speed Holinshed Grafton in his life 28. H. 8. c. 7. p. 35. p. 8. c. 1. King Henry the eight his Reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to mention the Parliaments Soveraigne Power and Jurisdiction t Matth. Paris p. 560. 562. 933 934 935. Speed p. 750. Grafton p. 188 189. 240 241. 221 222 223. The severall Acts for Subsidies and Rastal Warre Truce Armes Money Mint Musters Taxes Tonnage Poundage The Parliaments two Remonstrances concerning the Militia C●oks Instit on Artic Super Chartas in Making or proclaiming warre or Peace in which they have oft ti●es not onely advised but overswayed the King in creating the highest Officers in Ordering the Militia of the Kingdome by Sea and Land by setled Lawes of which more an on or in ordering the coyne and Money of the Land together w●th the Mint or designing how the Subsidies and Aydes granted by them to the King shall be disposed of to the Kingdomes use of which there are sundry precedents All which are strong See Bodines Commen wealth l. 1. c. 10. evidences of its Soveraigne Authority together with the Acts concerning his Purveyance and all Revenues royall Nor yet to remember this infallible Argument to prove Kingdomes greater and more valuable then Kings that Kings as publique Servants to their Realmes ought to hazard their lives for their Kingdomes safety and preservation as many have done in wa●●es against enemies but never ought the whole kingdome to be lost or hazarded to preserve its Kings P●erogatives that of John 11. 48 49 50. and chap. 18. 14. being an undoubted rule in Divinity and Policy * That it is expedient that any one man though a King should dye for the people that the whole Nation perish not rather then the whole Nation dye for him There is one cleare Demonstration yet remaining to prove the Supreame power of Parliaments above Kings themselves which is this That it is the highest Court and power to which all x See Sir Thomas Smiths Common wealth l. 2. c. 1. 2. Holinsheds Description of England c. 8. p. 173 and Chronicles of Ireland p. 127. to 130. Cromptons Jurisdiction Appeales are lastly and finally to be made from all other Courts and Judges whatsoever yea from the Kings owne personall resoluti●ns in or out of any other his Courts and such a transcendent Tribunall from whence ●here is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous judgement be given in the Kings Bench Exchequer Chamber Chancery Court of Wards or any other Court within the Realme or in the Parliament in Ireland it is finally to be reversed o● determined in Parliament by a Writ of y 1 H. 7. 1. Br. Parliament 92. 98. Error 65 88. 137. See Ash Error 65 66 67 68 70. Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Delegates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediab●e in this High Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any judgement it is not so obligatory or finall but that the party against whom judgement is pronounced may appeale to the Parliament for reliefe But if the Parliament give any judgement There * See 22 E 3. 3 Error 8. 8 H 4. 12 13 can be no Appeale to any hig●er Tribunall Court or Person no not to the King but onely to the next or some other Parliament as is evident by experience by all z 21 R. 2. c. ● to 15. 1 H. 4. c. 2 3 4. 8 H. 4. 12 13. See 1 Mariae c. 1. 1 Eliz. c. ● 3. 21 Jac. c. 28. And all Acts for restitution in blood of Persons Attainted and Acts of repealing S●atutes Bracton l. 1. c. ● Attainders of Treason by or in Parl●ament by all inconveent and unjust Act● passed in Parliament which concerne either King or Subject Which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter f●om the King but onely by an Act of repeale or restitution in blo●d by another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to w●om the last appeale is to be made is the Supreamest power as the a See Ashes Tables Error 65 66 67 68 69 70. Kings Bench is above the Common Pleas the Esc●equer Chamber * See Matthew Paris p. 268. Legimus quod multi al● Reges imo Reguli usque ad mortem dimica●unt c. above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a b Bodin l. 1. c. 10. Summa Angelic● Rosella Tit. Appellatio Lindwood lib. 2 de Appellationibus Fox Acts and Monuments Vol. 1. p. 448 449. 452. 506. 24. H. 8. c. 12. All Papists and Protestants

That they l Bracton l. 2 c. 16. f. 134. ● Fleta l. 1. c. 17. are above the Ki●● and may and ought to restraine and question his actions if there be cause Secondly Bracton explaines himselfe how he is highest and without a Peere to wit In m Parem autem habere non debet nec multo for●●us superiorem maxime in justitia exhibenda licet in justitia recipienda minimo de regno suo comparetur l. 3. c. 9. f. 167 a. distribu●● Justice that is he is the highest Justiciar in the Kingdome but as small as any in receiving justice Thirdly Even in Parliament it selfe the King is the Supreme Member and in that regard the Parl●ment in most Acts and in all Petitions or Addresses usually stiles him n See Bodines Commonwealth l. 2. c 1 p. 192. the like of the Parliaments in France Their Soveraigne Lord B●sides the Parliament it selfe is ever o See Modus tenendi Parliamentum C●mb Brit. p. 177. Crompt Juris of Ceurts f. 1. to 6. Sir Tho. Smith● Common-wealth l. 2. c. 2. 3 Hol. Desc●●p of England c. 8. Cowel Minsh Tit. Parl. Mr. Hack. manner of passing Bils sect 8. summoned dissolved by his w●it in his name by his Authority A● in passing all Acts and Bils of Grace or such as are not simply necessary for the publicke safe●y and ●●li●y of his people He hath an absolute negative voyce and his Royall assent is simply necessary for the passing of● binding Lawes In which respects he is and may be truely said to be above the Parliament it selfe and ●● onely supreme Governour but ye● in the forenamed respects the Parliament may be truely said to be P●● mount him and the highest power Fourthly The Oath of Supremacy That the King is the onely Supreme Governour relates onely or p●●cipally to the Popes and foraine Princes authorities formerly usurped in this Realme as the Title Wo●● and scope of the Statute of 1. Eliz. c. 1. and the very next words in the Oath of Supremacy manif●● and that NO FORAINE Power person Prelate State or Potentate hath or ought to have any Jurisdi●●on power SUPERIORITY PREHEMINENCE or Authority Ecclesiasticall or spiri●● within this Realme and therfore I do utterly renounce and forsake ALL FORAINE Jurisdictions ● Therefore it refers not at all to Parliaments or their Jurisdiction Power Superiority Preheminen●● Authority not so much as once thought of by the prescribers of this Oath which had its Authority ●●● the Parliament and made some addition to the Kings Prerogative Fifthly p Common w. l. ● c. 9. l. 2. c. 5. Bodine and others as I shall hereafter manifest assure us that the Sovera●● power and jurisdiction both in the Roman and German Emperours and most foraine Christian Kingdo●● was and yet is in the Senate people Parliaments and Dyets yet this is no empeachment at all to their Supr●●cies no more then the asserting of generall Councels to be above Popes themselves by the learned●● Papists is ● derogation as they hold it is not to the Popes most absolute pretended Soveraignty q See p. 2 3. above all Em●●ours Kings Princes Prelates Subjects a●d the world it selfe of which they affirme him sole Monarch Th●●fore by the selfe-same reason this asserting of the whole Kingdomes and Parliaments power to be ab●● the Kings is no diminution at all much lesse a denyall of his Supremacy and just Prerogative R● all If then the Parliaments power be thus higher and greater then the Kings personall power and Juri●●ction out of Parliament it will necessarily follow from hence First That in these unhappy times of division and separation of the Kings personall presence not ●gall which cannot be severed from the Parliament the Lords and Commons Orders Votes and O●●nances made legally in Parliament it selfe are to be preferred obeyed by all the Kingdome before ● his Majesti●s Proclamations Declarations Commissions Warrants or Mandates made illegally out of ●●liament in affront of Both Houses proceedings and Decrees since when ever two dis●● powers command different things that a●e lawfull or of the same nature the higher power ought ● to be obeyed As if a Master commands his Servant one thing and the King another or the King ●ne ●● God another the King is to be obeyed before the Master because the Superiou● power but God before the K● because the highest power as the r See Gratian causa 11. quaest 3 wher he quotes 〈◊〉 Hier. Isi●dor to this purpose Fathers and Canonists resolve most fully Yea the Parliament being the highest power the King himselfe ought to submit thereto and ●●● ruled and advised thereby This conclusion though it may seeme a paradox to most men is an und●● table verity both in point of Divinity and Policy as is most apparent by the 1 Sa● 14. 38. to 46. an● 29. 1. to 11. 2 Sam. 18. 2 3 4. c. 19. 1. to 9. 1 King 12. 1. to 25. 1 Chron. 13. 1. to 6. 2 Chron. ● and 11. c. 30. 2 3. 5. 23. Esther 1. 13. to 22. Jer. 38. 4. to 28. Dan. 6. 4. to 20. Jonah 3. 7. Ezra 10. ● ●ccles 4. 13. Prov. 11. 14. c. 15 22. c. 25 5. compared together and with Josh 22. 11. to 34. Judges 20. ● to 20. and in point of Law and Conscience even in our owne Kings and Kingdome as is cleare by 20 ● 3. the Preface and c. 1. 25 E. 3. Parliament 6. the Statute against Provisors 38 E. 3. Stat. 2. c. 1 2. 3 E. ● c. 17. and 48. and other Statutes which I shall hereafter cite at large in answer to the fourth Objection ●hich Texts and Statutes those who will may peruse at le●●ure for their better satisfaction And in Pauls ●me the highest Powers in Rome were not the Roman Emperours as ignorant Doctors make the unleared world beleeve but the Romane Senate who had full power not onely to elect and command but ●●nsure and depose their Emperours and adjudge them unto death as * Commonw l. 2. c. 5. John Bodin acknowledgeth ●nd I shall hereafter abundantly manifest in the Appendix Secondly That the Parliaments resisting of the Kings personall Commands especially such as are il●gall and destructive to the Kingdome or any private Subjects resisting them by vertue of a publique ●rdinance or Countermand from the Parliament is no resisting of the higher Powers against Pauls in●nction Rom. 13. 1. to 7. as ſ Resolution of Conscience sect 1 2. c. Revindication of Psalme 105 15. Printed at Cambridg 1643 Doctor Fearne and other ignorant Doctors vainly fancy but a direct ●bmission and obedience to the highest powers the Parliament and those who resist the Parliaments ●rdinances and Commands especially such as tend to the preservation of Religion Lawes Liberties ●iviledges of Parliament and the Kingdome or bringing Delinquents to condigne punishment though ●ey doe it by vertue of any extrajudiciall countermand from the King or his ill Counsellours

The Treachery and Disloyalty of Papists to their Soveraignes both in Doctrine and Practise WHen I seriously consider the memorable Preamble of 3 Jac. ch 4. That it is found by daily experience that many of his Majesties Subjects who adhere in their hearts to the Popish Religion by the infection drawne from thence and by the wicked and divellish counsell of Jesuites Seminaries and other persons dangerous to the Church and State are so farre perverted in the point of their loyalties and due obedience unto the Kings Majesty and the Crowne of England as they are ready to entertaine and execute any Treasonable Conspiracies and Practises as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder the King Queene Prince ●ords and Commons in the House of Parliament assembled tending to the utter subversion of the whole State lately ●dertaken by the instigation of Jesuites and Seminaries and in advancement of their Religion by their Schollars ●ught and instructed by them for that purpose With the Statutes of 35. Eliz. ch 2. and 3 Jacobi ch 5. which ●●act That all Popish Recusants shall be restrained to some certaine places of abode and confined to their private ●uses in the Country and not at any time after to passe or remove above five miles from thence under paine of forfeiting ●● their Lands Goods and Chattels during life That none of them shall remaine within ten miles of the City of ●ondon nor come into the Court or house where his Majesty or Heire apparent to th● Crowne of England shall be nor ●ave in their owne houses or in the hands or possession of any other at their disposition any Armour Gunpowder or Mu●tion of what kind soever And all this for the better discovering and avoiding of such Trayterous and most dan●rous Conspiracies Treaso●● Practises and attempts as are daily devised and practised against our most gracious ●overaignes Person and ●●● Commonweale by rebellious and trayterous Papists And when I read in * Dated January 10. 1606. and Februa 22. 1603. two of King ●●mes his Proclamations That those adhering to the profession of the Church of Rome are blindly led together ●ith the superstition of their Religion both unto some points of Doctrine which * Note this cannot consist with the loyalty of Sub●cts towards their Prince and oft times unto direct actions of conspiracies and conjurations against the State wherin ●●ey live as hath most notoriously appeared by the late most horrible and almost incredible conjuration grounded up● points of Doctrine in that Church held and maintained and contrived and practised with the privity and warrant of ●any of the principall Priests of that profession to blow up our children and all the three Estates in Parliament assem●ed And when we consider the course and claime of the Sea of Rome we have no reason to imagine that Princes of ●r Religion and profession can expect any assurance long to continue unlesse it might be assented by the meditation of other ●rinces Christian that some good course might be taken by a generall Councell free and lawfully called to plucke up ●ose rootes of dangers and jealousies which arise for cause of Religion as well betweene Princes and Princes as be●eene them and their Subjects and to make it manifest that no State or Potentate either doth or can challenge pow● to dispose of earthly Kingdomes or Monarchies or to dispense with Subjects obedience to their naturall Soveraignes Which was never yet attempted much lesse effected And in the Booke of Thankesgiving appointed for the ●●h of November set forth by King James and the Parliaments speciall direction this observable Prayer ●omewhat altered by the now a Who confesseth Justifieth it in his Speech in Star-chamber June 14. 1637. Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the ●pists To that end strengthen the hand of our gracious King the Nobles and Magistrates of the Land with Judge●ent and Justice to cut off these workers of iniquity the Papists whose R●ligion is rebellion whose faith is facti● whose practise is murthering of Soules and Bodies and to roote them out of he confines of this Kingdome I can●ot but star damazed yea utterly confounded in my selfe at the Impudency and Treachery ofthose pernicious ●ounsellors who in affront of all these Lawes and premises have issued out sundry b See the Parliaments late Declaration Commissions under ●s Majesties hand and seale to divers notorious Papists not onely to furnish themselves with all sorts of ●mes and Munition but likewise to meet together armed and raise Forces in the Field to fight against the ●rliament Kingdome and Protestant Religion even contrary to divers his Majesties late Printed Declara●ns and Protestations to all his loving Subjects advanced them to places of great trust and command in his ●ajesties severall Armies and procured them free accesse unto if not places of trust about his sacred person ● if they were his loyallest Subjects his surest guard as many now boldly stile them and more to be confi●ed in then his best and greatest Councell the Parliament whom they most execrably revile as Rebels ●●d Traytors the more colourably to raise an Army of Papists to cut their throats and the throat of our Pro●stant Religion first as they have already done in Ireland and then last of all his Majesties in case he refuse to become the Popes sworne vassall or alter his Religion which he hath ost protested and we beleeve he will never doe But I desire these ill Counsellours of the worst Edition to informe his Majesty or any rationall creature how it is either probable or possible that an Army of Papists should secure his Majesties person Crowne Dignity or protect the Protestant Religion the Parliament or its priviledges to all which they have shewed themselves most prosessed enemies We all know that Popish Recusants c See King James his Apology against Bellarmin Laurentius Byerlincke Opus Chronogr p. 319. Deus et Rex The Lord William Howards Sonnes late Booke in Defence of Papists taking the Oath of Allegiance obstinately refuse to take the Oath of Supremacy or Allegiance some of them that tooke it having beene excommunicated by their Priests for a reward The● summe of which Oath is * 3 Jac. c. 4. That they doe truely and sincerely acknowledge and professe That the Pope hath ●● authority to depose the King or to dispose of any his Kingdomes or to authorize any foraine Prince to invade his Countries or to discharge any his Subjects from their Allegiance to his Majesty or to license any of them to beare armes o● raise tumults against him or to offer any violence or hurt to his royall Person Government Subjects That notwithstanding any Declaration Excommunication or deprivation made or granted by the Pope or any Authority derived from him against the King his Heires and Successors or any absolution from their obedience they will beare● faith

and true allegiance to them and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons Crowne and Dignity by reason of any such sentence or Declaration or otherwise And that they doe from their hearts abhorre detest and abjure as impi●us and hereticall this damnable● Doctrine and position prosessedly maintained by English Papists else why should the Parliament prescribe and they absolutely refuse to take this Oath that Princes excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever Willthose then who refuse to take this Oath or abjure this King deposing King-killing Doctrine harbouring a Seminary Priest in their Tents and a Pope in their hearts prove a faithfull guard to his Majesties Person Crowne or Kingdomes Will those who so o●● conspired the death and attempted the murthers of Queene Elizabeth and King James onely because they were Protestants and Defenders of the Protestant Faith now cordially protect and assist King Charles without attempting any thing against his Crowne or Person who hath lately made and published so many Protestations and Declarations that he will never embrace nor countenance Popery but most resolutely Defend and Advance the Protestant Religion and makes this one principall motive how truely he taketh Heaven and Earth to witnesse of his present taking up of Armes Will they thinke you spend their lives for King and Parliament who but few yeares since lost their lives for attempting by a traine of Gunpowder to blow up both King and Parliament Will those secure his Majesty in his Throne now he is actually King of England who would have murthered him in his Cradle ere he was Prince to forestall him of the Crowne of England ca●● those prove really loyall to his Majesty and his Royall Posterity who would have blowne up him and all royall House at once even long before he had posterity In a word if ancient presidents will not convince us are those who for d See Dr. Jones his Booke of Examinations two yeares last past or more have beene labouring with might and maine to uncrowne his Majesty and utterly extirpate the Protestant Religion by horrid conspiracies and force of Armes in Ireland and are now there acting the last Scene of this most barbarous bloudy Tragedy now likely to spend their dearest blood in fighting for the preservation of his Majesties Crowne and the Protestant cause in England if thi● onely be the reall quarrell as is specioully pretended Or will any of that Religion who within these thre● yeares have by force of Armes both in Catalonia Portugall and elsewhere revolted from and cast off thei● allegiance to their owne most Catholicke King to setup others of the same Religion in his Tribunall put t●● their helping hands to establish his Majesty the most Protestant King in his regall Throne admit it were really not fictitiously indangered to be shaken Certainely if the ground of this unnaturall warre be such a● these ill Consellors pretend they would never be so farre besotted as to make choyce of such unfitting Champions as Papists for such a designe who are very well knowne to be the greatest enemies and malignants o● all others both to King Kingdome Religion and Parliament whose joynt destructions what ever thes● ill Counsellors pretend is questionlesse the onely thing really intended by the Popish party in this warre a● the proceedings in Ireland the introducing of soraine the raising of domesticke popish Forces the disarmin● of Protestants and Arming Papists with their Harnesse clearely demonstrate to all whom prejudice hath no● blinded Now that I may evidence to these pernicious Counsellours and all the world how dangerous and unsa●● it is for his Majesty and the Kingdome to put Armes into Papists hands and make use of them to protect th● Kings Person or Crown I shall desire them to take notice both of the Papists traiterous Doctrine and Practise in these three particulars they maintaine First That the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all ●●● Kingdomes in it to dispose of them at his pleasure to whom and when he will without giving any account of his actions That all Emperours and Kings are but his vassals deriving and holding their Crownes from him by base u●worthy services worse then villenage that they call and repute them their Popes vassals curs packe asses wi● Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their ow● Authors and practise I shall referre them to Doctor e Dedicated to King Iames printed at London 1621. Richard Crakenthorps Booke Of the Popes Tempore● Monarchy chap. 1. p. 1. to 27. worthy any mans reading to John Bodins Commonwealth Lib. 1. cap. 9. a●● Doctor John Whites Defence of the way to the true Church chap. 10. p. 43. Secondly That the Pope alone without a Councell may lawfully excommunicate censure depose both Emperours Kings and Princes and dispose of their Crownes and Kingdomes unto others That it is meet and necessary hee should ●xcommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all Protestant Princes ●●r oppressers of the Common wealth That as soone as such Princes are actually excommunicated or notoriously knowne to ●●e Heretickes or Apostates their Subjects are ipso fact● absolved from their government and Oathes of Allegiance whereby they were bound unto them and may yea ought to take up armes against them to deprive them of their kingdomes Thirdly That such tyranicall and oppressing Kings may be killed poysoned or slaine by open force of Armes not onely lawfully but with glory and commendations That this is to be executed by Catholikes and that it is not onely an heroi●all but meritorious act worthy the highest Encomiums These two last pro positions you may read abundantly proved by the words of Popish writers and 40. examples of several Emperours Kings and Princes which Popes Papists have excommunicated deprived violent●y assaulted and murthered in e Dedicated to King Iames and printed at London 1624. Doctor John Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. pag. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3 throughout Aphorismi doctrinae Jesuitarum King James his Apologie against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fist of November to which I shall referre the Reader What security or protection then of his Majesties royall Person Crowne or Kingdomes can now be expected from our Popish Recusants infected with these traytorous Principles and branded with so many ancient moderne nay present treasons and Rebellions against their Soveraignes let the world and all wise men seriously judge What faire quarter and brotherly assistance the

Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like ●o receive from this Popish Army the late Gunpouder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safetiè the Kingdome may expect in Church or State whiles Popery and Papists have any armed power or being among us f In his Sermon there Mar. 24. 1615. p. 43 44. Doctor John White hath long since proclaymed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it bath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the great his time but the Pope and his ministers have had a hand in it All that these ill advisers to colour their close g See Plaine English designe of reestablishing Popery principally intended can alledge Obj. Crimination 1. for arming Papists against Law is That the Parliament hath traytorously invaded the Kings Prerogatives in a high degree claymed a power and jurisdiction above his Majesty in sundry particulars and ●surped ●o its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolencies and reduce the Parliament to its due limits his Majestie is now necessited to raise an Army and pray in avde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall in this service To answer which pretence more fully though it be for the maine of it most palpably false yet by way of admission onely I shall suppose it true and with all possible brevitie manifest That Parliaments Prelates Peeres and Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of ●ll others have least cause to taxe the Parliaments proceedings and those ill Counsellors small reason to im●loy Answ or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its h The observations A suller answer to Doctor Ferne with others Advocates with its approbation affirme that ●e Parliament being the representative body of the whole Kingdome is in some respects of greater power and authoritie ●hen the King who though he be singulis major yet he is universis minor which is contrary to the oath of supremacy wherein every Subject * 1 Eliz. ch 2. doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SVPREAME GOVERNOVR of this Realme c. as well in all spirituall or Ecclesiasticall causes as Temporall ●nd a kind of unkinging his Majestie no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broa●hers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his ●eigne lib. 2. cap. 16. f. 34. a. resolves thus i Rex habet superiorem Deum c. Item legem per quam factus est Rex-Item Curiam s●●● viz. Comites et Barones quia Comites dicuntur quasi socis Regis qui habet socium habet m●●istrum Et ideo si Rex fuerit sine fran● i fine lege DEBENTEI FRAENVM IMTONERE c. But the King hath a SVPERIOVR to wil God Also the Law by ●hich he is made a King likewise his Court namely the Earles and Barons because they are called Comites as being ●e Kings fellowes or companions and he who hath a fellow or associate hath a Master and therefore if the King shall ●e without a bridle that is without Law they OVGHT to impose a bridle on him unlesse they themselves with the King ●all be without bridle and then the Subjects shall ery out and say O Lord Jesus Christ doe thou bind their jawes with it and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are ●bove the King and ought to bridle him when he exorbitates from the Law which he also seconds in some sort ●b 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes and after times that in the great Councell of Basil Anno 143● when this mighty question was debated whether a Pope were above a generall Councell or a Councell above him such a Councell was at last resolved to be above the Pope upon this reason among others k Fox Acts Monume Edit 1641. Vol. 2 p. 879 880. Aeneas Sylvius de gestis concilii Basiliensis Surius concil Tom. 4. The Pope is in the Church as a King is in his Kingdome and for a King to be of more authority then his Kingdome it were too absurd Ergo Neither ought the Pope to be above the Church In every well ordered Kingdome it ought specially to be desired that the whole Realme should be of more authority then the King which if it happened contrary were not to be called a Kingdome but a Tyranny And like as oftentimes Kings which doe wickedly governe the Common-wealth and expresse cruelty are deprived of ●heir Kingdomes even so it is not to bee doubted but that the Bishop of Rome may be deposed by the Church that is to say by the generall Councell At the beginning as * Lib. 2. Cicero in his Offices saith it is certaine there was a time when as the people lived without Kings But afterwards when Lands and possessions began to be divided according to the Custome of every Nation then were Kings ordained for no other causes but onely to execute justice for when at the beginning the common people were oppressed by rich and mighty men they ran by and by to some good and vertuous man which should defend the poore from injury and ordaine Lawes whereby the rich and poore might dwell together But when as yet under the rule of Kings the poore were oftentime● oppressed Lawes were ordained and instituted the which should judge neither for hatred nor favour and give like eare unto the poore as rich whereby wee understand and know not onely the people but also the King to be subject to the Law For if wee doe see a King to contemne and dispise the Lawes violently rob and spoyle his Subjects d●flower Virgins dishonest Matrons and doe all things licentiously and temerariously doe not the Nobles of the Kingdome Assemble together deposing him from his Kingdome set up another in his place which shall sweare to rule and governe uprightly and be obedient unto the Lawes Verily as reason doth perswade even so

good advice of * Who now give the King no such advice Schollers which he would not of his Peeres summons another Parliament to be holden at Westminster giving th 〈…〉 world to know withall that his purpose was to amend by their advice whatsoever was to be amended But the Baro 〈…〉 considering that still there arrived more and more strangers men of warre with horse and armes as now alas we s 〈…〉 they doe and not trusting the Poictovine Faith as we have now cause to mistrust the perfidious Papists and malignant Cavaliers and seeing no footstep of peace our present condition refused to come at the appointe● day sending the King word by solemne messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovians out of his Court which if he refused they all of them by the common consent of t 〈…〉 who le kingdome would drive him with his wicked Counsellors out of the Kingdome and consult about creating 〈…〉 new King Thesethings thus acted the King was much dejected in mind and all his Court hanging down 〈…〉 their heads and fearing not a little lest the errors of the Sonne should become worse then the fathers errors whom hi 〈…〉 Subjects indeavouring to depose from his royall Throne almost detruded him to that name which was give 〈…〉 him by a certaine presage John the Banished Wheresore hee could easily have beene drawne to redeem 〈…〉 the love of his naturall Liegemen with the disgrace of a sew strangers But the Bishop of Winchester with other his ill Counsellours and Poictovine Cavalieres counselled hi 〈…〉 to take up armes against his rebellious Subjects as they stiled them and to give their Castles and Lands to them w 〈…〉 would defend him and the kingdome of England from these Traytors The Counsell now given to his Majesty 〈…〉 his ill Counsellours and Cavalieres Hereupon the King inclining to the worser part raiseth an Army of Poictovine and Foraine Souldiers which came to him being sent for out of Flanders from whence the King no 〈…〉 hath many old Souldiers and Commanders sent him seiseth a Manour of Guilbert Bassers a Noble man give 〈…〉 him by King John calling him Traytor when he demanded it sets downe a day wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty and being at Glocester with his Army whith 〈…〉 the Lords resused to come being required the King thereupon as if they were Traytors burnes their Manor 〈…〉 destroyes their Parkes and Ponds besiegeth their Castles and without the judgement of his Court and of thei 〈…〉 Peeres denounceth them exiles and banished men gives their Lands to the Poictovines and adding griefe to grie 〈…〉 wound to wound commanded their bodies to be apprehended where ever they were within the Kingdome he likewise sends a Defiance to the Earle Marshall whose Lands he had wasted who thereupon understood himselfe discharged of that obligation by which he was iyed to the King and free to make his defence Whereupon h 〈…〉 seeing * Note neither Faith nor Oath nor peace to be kept by the King or his ill Councellours who contrary to their promise and Oath refused to deliver up his Castle which they promised to render to him upon demand h 〈…〉 raiseth a grea● Army and takes his Castle On this the King upon better consideration did againe promise 〈…〉 and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at th 〈…〉 day and place appointed he holds a great conference with the Lords But the evill Councellors he followed suffered him not to make good his promise For when divers there present greatly in the Kings favour with sundry Preachers and Fryers whom the King was wont to reverence and hearken to Humbly beseeched and earnestly exhorted the King to make peace with his Barons and Nobles and to embrace them with due affection being The Parliments present case his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manors Woods Parkes Ponds and being led and seduced by evill Councels lesse regarded his faithfull Subjects whose native bloo 〈…〉 would not permit them to bow downe then Forainers and which is worse called them Traytors by whom ●e ought t 〈…〉 settle the peace order the Councels and dispose the affaires of his Kingdome The Bishop of Winchester of●ended it seemes at Peers takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Justiciars as himselfe pleaseth ●o ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent ●peech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellors of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse ●ot themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that per●urbed ●he peace of the Realme and so the hoped accommodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces sell pell mell upon the Kings Army slew divers of his for●einers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund ●rchbishop of Canterbury elect with other suffragan Bishops bewayling the estate of the Kingdome presented themselves before the King at Westminster telling him as his loyall liegemen and O that some Bishop or faith●ull person if there bee any such about his Majestie would now deale thus clearely with him touch●ng his evill Counsellors That the Councell of Peter Bishop of Winchester and his complices which now he had and ●sed was not sound nor safe but euill and dangerous to himselfe and his Realme First for that they hated and de●ised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the peo●le from him as in the Earle Marshall whom being one of the wort●iest men of the Land by sowing false tales they ●rave into discontentment Secondly that by the Counsell of the said Peter his Father King John first lost the hearts of ●is people then Normandy then other lands and finally wasted all his treasure and almost England also and never af●er had quiet Thirdly That if the Subjects had now beene handled according to justice and law and not by their ungod●y Counsels these present troubles had not happened but the Kings lands had remained undestroyed his treasure unex●austed Fourthly that the Kings Councell is not the Councell of peace but of preturbation because they that cannot ●aise themselves by peace must raise themselves by the troubles and disinherison of others Fiftly That they had the Trea 〈…〉 re Castles Wardships

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

first by the Ancient Treatise Of the manner of holding Parliaments in England which informes us That the first day of the Parliament publike Proclamations ought to be made in the City or Town where the Parliament is kept That all those who would deliver Petitions or Bills to the Parliament should deliver them in a certaine time That the Parliament should not depart so long as any Petition made thereto ●angeth undiscussed or undecided or at the least to which there is not made a determinate answer the Kings Majestie being desirous of his grace and favour to give the ●ubject redresse of any injurie not to suffer his people to goe unsatisfied Hence departing of the Parliament OVGHT TO BE in such manner First IT OVGHT TO BE demaunded yea and publikely proclaimed in the Parliament and within ●he Pallace of the Parliament whether there be any that hath delivered a ●etition to the Parliament and ●ath not received answer thereto If there he none such it i● supposed that every one is satisfied or else answered unto at the least So farre forth as by Law it may be And then all may depart Hence it wa● that in 21. R. 2. c. 16. 17. 18. 19. divers Petitions not read nor answered in Parliament by reason of ● See Wal●ingham Mat. Paris Fabian Holinshed Grafton Martyn Speed in their lives shortnesse of time and not determined sitting the Parliament were by speciall Acts of Parliament referred to divers Lords and Commons to examine answer and plainely determine all matters contained in the said Petitions as they should thinke best by their good advise and discretion even out of Parliament which they heard and determined accordingly and made binding Acts thereupon as appeares by the statutes themselves This Doctrine was very well knowne to King Iohn Henry the 3. Edward the 2. Richard the 2. Henry the 6. and Edward the 4. the Parliaments which opposed and deposed most of them sitting and continuing sitting both before and after their deposing sore against their wills as the fore-remembred histories manifest else no doubt they would have broken up all these Parliaments at their pleasure and never permitted such Acts Iudgements to passe against themselves Favorites ill Counsellours pretended Prerogatives had they lawfull power to dissolve them summoned in their names or the Parliaments actually determined by their depositions or resignations as we finde they did not and none ever yet held they did King Richard the 2 fearing the losse of his Crowne or some restraints by Lawes in the 11. yeare of his raigne proposed this question among others to his Iudges at Nottingham Castle which for ought I finde was never doubted before b See 21 R. 2. c. 12. Whether the King whensoever pleaseth him might dissolve the Parli●ment and command his Lords and Commons to depar● from thence or not Whereunto it was of one minde answered that he may and if any would proceede in c Wal●ingham Holinshed Fabian Graft Speed in 11. R. 2. the Statuts at large that yeare the Parliament against the Kings will he is to be punished as a Traytor For which opinion and others some of these Iudges and Lawyers as Trysi●ian Blake were condemned of high Treason the next Parliament 11. R. 2. drawne upon a hurdle to Tyburne and there executed as Traytors to the King and Commonwealth others of them who delivered their opinions rather out of feare of death and bodily tortures then malice were yet condemned as Traytors and banished the Kingdome onely their lives were spared True it is that the packed and over-●wed Parliament of 21. R. 2. terrified by the Kings unruly great guard of Cheshire Archers fore-mentioned 21. R. 2. c. 12. being specially interrogated by the Ki●g how they thought of these answeres of the Iudges sayd That they thought they gave their answeres duely and faithfully as good and lawfull l●ige people of the King ought to doe But yet the Parliament of 1 H. 4. c. 3. 4. repealed this Parliament of 21. R. 2. with all its circumstances and dependents revived the Parliament of 11 R. 2. with the judgements and proceedings given against these treacherous temporising Iudges as a thing made for the great honour and common profit of the Realme Besides the e Cooke 9. Rept f. 1. in the Epistle 4. E. 3. c. 14. ●6 E. 3. c. 10. Statutes of King Alfred and Edward the 3. which enact that a Parliament shall be holden once every yeare and oftner if neede be for redresse of mischiefes and grievances which dayly happen strongly intimate that if a Parliament ought in Law to be called as often as need is of purpose to redresse the Subjects grievances and mischiefes then it ought not in point of Law to be dissolved till these greivances and mischiefes f Magna Charta 1556. part 2. f. 164. be redressed else the sommoning of it would be to no purpose and bring a great trouble and charge to the whole kingdome without any benefit at all Moreover the King by his Oath is bound to doe equall justice and right to all his Subjects in all his Courts of justice In Magna Charta c. 29. he makes this Portestation We shall deny nor deferre to no man either Iustice or right and by sundry other g 18. E. 3. Stat. 3. 20 E 3. c. ● Acts all the Kings Iudges are sworne and commanded to doe even Law and execution of right to all his subjects rich or poore without having regard to any person and without letting or delaying to doe right for any Letters Writs or Commandements that shall come to them from the King or any others and shall doe nothing by vertue of them but goe forth to doe the Law and hold their Courts and Processes where the Pleas and matters be depending before them notwithstanding a● if no such Letters Writs or Commandements were come unto you The makers therefore of these O●thes and Lawes in dayes of Popery and the Parliaments of 2. E. 3. c. 8 14. E. 3. c. 14. 1. R. 2. c. 2. which Enact That it shall not be commanded by the great seale or little seale to delay or disturbe common right and though such commandments doe come the Iustices shall not therefore leave to doe right in ANY POINT that Iustice and right be indifferently ministred to every of the Kings Subjects did certainely beleeve that the King neither by his great nor privie seal nor by Writ or Letter could without just or lawfull cause assigned prorogue or adjourne the Te●me or sitting of any Courts of Iustice much lesse prorogue or dissolve his highest Court and grand Counsell of the Realme the Parliament or disable them to fit to redresse the Kingdomes and subjects severall grievances or secure the Realme from danger Which if he might lawfully doe at his pleasure without the Houses joynt assents there would necessarily follow not onely a deferring and deniall but likewise a fayler of Iustice in the highest Court or Session

their mutuall assents alone and as these private By-●awes oblig● all those who consent to them by reason of their owne free assents onely so doe all publike Acts of Parliaments obli●ge all Subjects onely because of their generall assents to them in their Knights Citizen● and Burgesses elected by and d See ● ●ac c. 1. representing their persons Thirdly all e 33. H. 6. 17. Br. Parli 4. M. Hackwell of Pas●●ng Bills Cromp. Iuris ● 8. Chron. of Ireland f. 127. ●●● 30. Acts of Parliament are usually made framed altered thrice read engrossed voted and fully agreed upon in both Houses without the Kings personall knowledge or privity for the most part before they come to have his royall assent And when they are thus agreed on by both Houses the king cannot alter any one word or letter in them as the Houses may doe but must either absolutely assent to or consider further of them as the Houses tender them And if the king send any Bill he desires to have passe it must be thrice read and assented to in both houses which have power to reject a●ter enlarge or limit it as they thinke meete else it can be no Act at all A● cleare demonstration that the chiefe power of enacting and making Lawes is onely in the people Commons and Peeres not the king who by his Writ doth purposely sommon them to meete an● enact Lawes as the chiefe Legislators witnesse this notable clause in the y Cromp. Iuris of Courts f. 1. 2. and at the end of the Manner of ●olding Parliaments in England Writ for the Election of Knights Burgesses Ita quod iidem Milites plenam safficientem ●ote●●atem pro S E COMMVNITATE Comitatus praedicti dicti Cives Burgenses pr● se COMMVNITAT● Civitatum Burgorum praedictorum divisim ab i●sis babeant AD FACIENDVM E● CONSENTIENDVM HIS quae ●●ne ibidem DE COMMVNI CONSILIO DICTI REGN● not Regis nostri contigerint ORDINARI super negot●●s antedictis Ita quod PRO DEFECT● POTEST AT●S HV●VSMODI c. dicta negotia INFECTA NON REMANEANT quov● modo answerable to which is that clause in * Pope Elutherius his Epistle to our first Christian king Lucius about An. 185. Exillis Deigratia PER CONSILIVM REGNI VESTRI SVME LEGEM● per illam D●i potentia vestrum reges Britaniae regnum Fourthly all publicke Acts are the whole Kingdomes Lawes made principally and solely fo● the subjects benefit if good their prejudice if ill therefore the whole kingdome represented i● and by both Houses not the king knowing much better what is good or bad for themselves the● the king alone it is z See ●●tv before just and reasonable that they and not the king should be the principal● Law-makers to binde or bu●then themselves with any new Lawes penalties or restraints Fifthly it is cleare that all Acts which give any Subsidie Tax Penalties or forfaitures to the king are made onely by the people in Parliament and not principally by the king since the king canno● be sayd in any propriety to give any thing to himselfe This is undeniable by the forme of penning all subsidie Bills granted by the Commons or Clergie Your Commons assembled in your Hig● Court of Parliament c. humbly present your Majestie with the free and cheerefull gift of two intire s●bsidies which we humbly beseech your Majest●e graciously to accept c. Your Majesties faithfull subjects the Prelats and Clergie c. with one agreement and uniforme consent have given and granted and by these presents doe give and grant to your Highnesse c. foure intire Subsidies in manner and forme as followeth And by the kings assent to these Bills a Hackw●ls passing of Bi●s sect 8 p. 78 Le Roy remercy ses Loaulz subjects accept LOVR BENEVOLENCE c. the Commons having the sole power to grant or deny b See Rostal Taxes and Tenthes The Acts of Subsi●ies 21. Iac ●●is present Parliament Speed p. 745. Subsidies and Ta●es when they see cause and to limit the proportion of them the manner and time of paying them and to order how and by whom they shall be received and imployed a● all Acts of this Nature ●anifest If then they be the chiefe Law-makers in these Acts which lay● any imposition ●pon the Subjects goods or restraint on his person then by like ●eason in all other penall publik Lawes Six●ly All Acts of Pa●liaments made in the raignes of ●surpers who have no Title to the ●rown nor right to assent to Lawes are c See 1. E. 4. c 6. 4. E. 4. 10 9. E 4. 1. 2. ●r Charters d●●ardon 22. 13. Eli● c. ● firme and good in Law and shall binde the right heires to the Crowne as i● evident by the Lawes made by king John Henry the 4. 5. 6. reputed usurpe●s by Edward the 4. and Richard the third acknowledged an usurper whose Lawes are yet in force The reason is as is cleare by 1. E. 4. c 6. because the Lawes and all other Iudiciall Acts in Court● of Iustice are the Acts of the Parliament and Courts themselves which are lawfull not of the king who is unlawfull Therefore certainely the Legislative power is more in the Parliament thenin the king if not wholly in it there being Lawes and Kingdomes before kings were Seventhly admit the king should dye without heire no doubt the kingdome and Parliament have a just right either to alter the government or dispose of the Crowne to what familie they please as ●he constant practise of all kingdomes in such cases manifests and d The tr●e difference c. part 3. p 416. Bishop Bilson himselfe assureth us that all Nations once members of the Roman Empire when the right heires failed were suffered to elect their Governours where they pleased as the Romans themselves might doe and no doubt they might make binding publike Lawes during the Inter-reg●um yea if the king be an infant as Henry the 3. Henry the 6. Edward 3. 5. and Richard 2. with other ou● kings were when the Crowne ●escended to them or non Compos Mentis or taken with a dead palsie or Apoplexie or an Ideot by ●irth or Age or a Monkeprofessed as e Fox Act● Monument vol. 1. p. 173. Speeds Hist p. 244. some kings have beene or absent in a Pilgrimage to Rome or ●● voyage to the Holy Land or other remote forraigne Parts by reason of warres as f See Nubrigenfis Speed Holinshead Mat. Westm● and others in the lives of R. 1. H. 1. 2. 3● 4. 5. 6. 8. Ed. 1. 2. 3. 4. divers of our Kings heretofore have beene and so unable personally to consent to lawes no doubt in all such ●ases the right of creating a Protector to execut● regall power sommon Parliaments assent to Lawes is ●nely in the g Walsingh Hist Angl. A. 1422. p. 458. Speed p. 1108. Grafton p. 496. 447. 648. Fabian p.

E. 3. Stat. 1. c. 3. If any Minister of the King or any other person of what condition soever he be doe or come against any point of the great Charter or other Statutes or the Lawes of the Land he shall answer to the Parliament as well as the SUTE OF THE KING as at the sute of the party AS FARRE FORTH WHERE ●T WAS DONE BY COMMISSION OR COMMANDEMENT OF THE KING as of his owne authority And by that parallel good Law recorded by * Part. 7 p. 376 Fabian made in Parliament in the first yeare of King Henry the fourth That no Lord nor other person of n● degree should after that day lay for his excuse as some then did any constraint or coacting of his Prince in executing of any wrong judgement or other criminous or unlawfull deeds saying that for feare they durst not otherwise doe for such excuse after this day SHALL STAND HIM IN NO STEED And in this Parliament * Fabian part 7. p. 342. 375. Hals Chron. 1. H. 4. f. 10. Grafton p. 408. Walsingham Hist p. 393. 402. Hall was judged to be drawne from the Tower of London unto Tiburne and there to be hanged and quartered which was accordingly executed only because he was one of those who secretly mur●● ered the Duke of Glocester at Calice illegally attainted of Treason in the Parliament of 21. R. 2. without due processe of the Law by King Richard the second his command and likewise the Dukes of Aumarl Surrey Exeter with other Noble men were deprived of their Dukedomes of most of their Lands Castles Honors for having a finger in this Dukes suff●cation and death by King Richards instigation and command and had lost their heads too if the common peopte had beene their Judges who murmured against King Henry for sparing their lives as you may read in * Histor p. 402. 403. Speed p. 763. Walsingham and Speed All which I would advise his Majesties Captain●s Cavalliers and ill Counsellors to consider The rather because all levying of warre either against the King or against the Kingdome and Parliament now made a matter of high Treason on both sides must and ought to be determined and resol●ed which of them is high Treason and which not and the parties guilty of it must and ought to be tried arraigned judged and condemned for it onely in and by the Parliament and in and by no other Court or Judges as is punctually resolved by the severall Statutes of 11. R. 2. c. 1. 2. 3. 4. 21. R. 2. c. 2. 3. 4. 1 2. 20. 1. H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treasons especially being a new case If then the Parliament are and must be the onely judges of this question Which of the two parties now ●n Armes are Traytors and the onely Court wherein all must be tried on this point they may easily judge who are and must be the Traytors in this case and those who by the Kings meere personall command and presence whom they have treacheron●ly withdrawne from his Parliament fight now both against Parliament and King in his legall and regall capacity when the time of triall comes will be found reall Traytors both to King and Kingdome what ever their owne ignorance temporising Lawyers or hopes of prevailing may now suggest unto them In the Parliament of 15. Edward 2. the two Spensers were by ● * Exisium Hugonis le Despensor f. 50. 52. speciall Act of Parliament adjudged Traytors banished and their lands and goods confiscated for miscoun●elling their King and advising him to ride with armed Troopes of horses and men into Glocestershire to assault the good people there and to levy warre within the Realme to the destruction of the Church and people contrary to the forme of the great Charter and breach of the peace of the Realme What severe judgement then may those ill Counsellors and Cavalliers deserve who have actually levied warre not onely against the Coun●y of Glocester which they have pitifully harrowed and spoyled contrary to all Law sacked p See the Relation takin● cest Cicester ●o its utter ruine and led away the good people thence Captives to Oxford in triumph for the most part barefooted through dirt and mire in this cold Winter Season chained together in ropes more like to Turkish-Gally-slaves then English Christian Subjects onely for this new kinde of supposed Treason and Rebellion the defence of their Liberties lives and goods against theeving Cavalliers which they may defend by Law * Fitz. Corone 192. 194. 246. 258. 261. 330. Stamford f. 11 12 13. 22 H. 7. 39 24 H. 8. c. 5. Cooke I. 5. f. 51 52 53. and justifie the killing of all those who shall violently assault them to rob them of them denying them so much as a draught of cold water to quench their thirst by the way and keeping off all wh● would give it to them many of them being since dead at Oxford of samine and more then barbarous usage ● but likewise against most Counties of England miserably wasted by them and the whole Kingdome Parliament and King himselfe in his politicke Capacity and raised an Army of Papists against expres●● late Acts of Parliament who not onely now set up their long exploded Masse openly in Yorkeshire Reading and other places but which my very soule abhorres to thinke of have even freshly mo●● impiously Shit upon the English Bible in folio defaced and burnt many Testaments and godly English Book● in John Hamonds house a Bookeseller in Marleborough when they sacked it in contempt of our Religion setting the chimney on fire with their excessive flames and if reports be credible have since bu●ned divers English Bibles and other good Bookes in the publicke Market place at Reading under the very Gallowes in detestation of our Protestant faith whose utter extirpation is their chiefe designe Certainly if these ill Councellors once come to a legall triall a Gallowes will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallell especially if they persever● therein But of this more fully hereafter Sixthly Hence likewise it necessarily followes that the Houses of Parliament being the Soveraigne Power ought of right to enjoy and may when they see just cause for the Kingdomes safety and benefi●● order and dispose the Militia Navy Ports Forts and Ammunition of the Realme into such person● custodies as they may safely confide in nominate both the great Counsellors publique Officers an● Judges of the Kingdome of right require if not enforce if wilfully denyed the Kings Assent to all publicke Bils of Right and Justice necessary for the Commonweale and safety of his Subjects tak● up defensive Armes to protect their Priviledges Lawes Liberties and established Religion not onely against Malignants and Popish Recusants but the King himselfe if he raise Forces against them yea impose taxes upon the Subject and distraine imprison secure them for the publicke defence and safety when they deeme it necessary All which particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I tro●undeceive the blinded world and convince if not satisfie the greatest Royallists and Malignants both in point of Law and Conscience in the next part of this Discourse which shall passe the Presse with a● convenient expedition if God permit Finis partis Primae Errata Page 2. l. 31. read all the royall p. 15. l. 26. enact r. exact p. 17. l. 17. of and p. 20. l. 16. if it r. if being la● downe it p. 22. l. 18. last doubtfull rising