Deut. 17.14 15. When thou art come into the Land which the Lord thy God giveth thee and shalt possess it and dwell therein and shalt say I will set a King over me like as all the Nations that are about me Thou shalt in any wise set him King over thee WHOM THE LORD THY GOD SHALL CHUSE not the people Upon which account when the Israelites grew wearie of the Government of Samuel and his Sons all the Elders of Israel gathered themselves together and came to Samuel unto Ramah and said unto him Behold thou art old and thy Sons walk not in thy wayes Make or Give thou us a King to judge us like all the Nations not taking upon themselves the power to nominate and elect their very first King but referring the choice to Samuel himself Who thereupon prayed unto the Lord for direction therein After he prayed God commanded him to hearken to the voice of the people and to make them a King 1 Sam. 8.4 to the end yet such a one as God himself not Samuel or the people should appoint For soon after God told Samuel that to morrow about this time he would send him a man out of the Tribe of Benjamin and thou shalt anoint him to be Captain over my people Israel whereupon Saul coming to him at that time when Samuel saw him The Lord said unto him Behold the man whom I spake to thee of this same shall reign over my people then Samuel took a horn of oyl and powred it upon his head and kissed him and said Is it not BECAUSE THE LORD HATH ANOINTED THEE KING OVER HIS INHERITANCE Who being afterwards brought forth before all the people assembled at Mizpeh Samuel said to all the people See ye HIM WHOM THE LORD not I or you HATH CHOSEN that there is none like him among all the people Upon which all the people shouted and said GOD SAVE THE KING 1 Sam. 9.16 17. c. 10.1.17.23 24. So that God himself not Samuel nor the people elected and made Saul King over his own people which is further evident by the 1 Sam. 15.17.35 After which God rejecting Saul from being King he both elected appointed and anointed David to be King over Israel 1 Sam. 16.1.12 13. Psalm 78 70 71. 2 Sam. 7.8 1 Chron. 28.4 Whereupon all the Tribes after Sauls death came to David to Hebron made a League with him and anointed him King before the Lord upon this account that the Lord had said unto him Thou shalt feed my people Israel and thou shalt be a Captain over Israel 2 Sam. 5.1 2 3. acknowledging therby the choice of their King to be Gods peculiar right not theirs After which God himself to manifest the choice of their Kings to be not in the people but in his own disposal being but his Vicegerents Substitutes and sitting upon his throne to be Kings for the Lord their God 2 Chron. 9.8 Isay 44.28 Acts 13.22 setled the inheritance of the Crown and Kingdom of Israel in David his Sons and posterity for ever appointing Solomon his Son immediately to succeed him and making him King over his people as is evident by the 2 Sam. 7.8 to the end 1 Kings 5.5 c. 6.12 c. 8.20 1 Chron. 22.20 c. 28.4 5 6 7. 2 Chron. 1.8 9. c. 2.11 Psal 89.3 4 20. to 38 2 Chr. 23.3 c. 6 16. c. 7.18 1 Kings 15.4 5. Jer. 33.15.17.20 21. c. 23.5 6. c. 30.9 Ezech. 34.23 24. c. 37.24 29. Hos 3.5 Lu. 1.32 33. Upon which account afterwards when the ten Tribes revolted from Rehoboam and the House of David against Gods institution and made Jeroboam their King God thereupon chargeth it upon them as a high incroachment upon his prerogative in these terms Hosea 8.4 They have set up Kings but not by me they have made Princes and I knew it not And hereupon Abijah heir by hereditarie succession to David thus charged Jeroboam and all Israel with rebellion against God and Rehoboam therein 2 Chron. 13 5 6 7 8. Ought you 〈◊〉 to know THAT THE LORD GOD OF ISRAâ—â—AVE THE KINGDOM OVER ISRAEL TO â—D FOR EVER EVEN UNTO HIM AND TO HIS SONS BY A COVENANT OF SALT But Jeroboam the Son of Nebat the Servant of Solomon the Son of David is risen up AND HATH REBELLED AGAINST HIS LORD And there are gathered unto him vain men the children of Belial and have strengthned themselves against Rehoboam the Son of Solomon when Rehoboam was young and tender hearted And now you think TO WITHSTAND THE KINGDOM OF THE LORD IN THE HANDS OF THE SON OF David and ye have a great multitude c. O children of Israel fight ye not against the Lord God of your Fathers for YOV SHALL NOT PROSPER And God smote Jeroboam and all Israel before Abijah the right heir and Judah and God delivered them into their hand And Abijah and his people slew them with a great slaughter So there fell down slain of Israel five hundred thousand chosen men The greatest slaughter we ever read of in one battel in sacred or prophane Histories If then God allowed not the free election and nomination of Kings and Supreme Governours to his own people of Israel their Tribes or Elders but reserved it only to himself as his own peculiar prerogative which they might not intrude upon without high presumption and exemplarie punishments as the forecited Scriptures with Iudges 2.20 Acts 13.20 21 22 23. undeniably evidence By what Law of God or Nature any other vulgar rabble or people of God can now challenge this as their proper birthright and natural inherent due to elect all their Kings all their Supreme or subordinate Officers and all Peers of Parliament especially in an hereditarie kingdom transcends my reason to comprehend unless they will blasphemously tax God himself for injuring his own peculiar people in usurping upon and depriving them of this their Natural right and freedom 8ly The Scripture is most express and positive That it is God who removeth Kings and setteth up Kings Dan. 2.28 That the God of Heaven setteth up kingdoms and Kings That the most high ruleth in the kingdoms of men and giveth them to whomsoever he will Dan. 2.44 c. 4.25.34 35. That promotion cometh neither from the East nor from the West nor from the South but God not the people is the Judge he pulleth down one and setteth up another Psa 75 6 7. He looseth the bond of Kings and girdeth their loins with a girdle He powreth contempt upon Princes and weakneth the strength of the mighty Job 12.18 19. Whereunto God adds Prov. 8.15 16. By me Kings reign and Princes decree Justice By me Princes rule and Nobles and all the Judges of the earth Hereupon Samuel used this speech to King Saul 1 Sâ—m 15.26.28 The LORD hath rejected thee from being King over Israel The LORD hath rent the kingdom of Israel from thee this day and hath given it to a neighbour of thine better than thou Yea the Apostle Rom.
elect such other persons to represent assent and vote for them in Parliament in whom they most confided Sixthly our Peers in Parliament though they there serve for the good of the whole Kingdom which hath always trusted to them in matters of Counsel Judicature and making Laws yet they represent no persons but themselves only or their families Tenants Friends and Allies which depend upon them and bear their own expences which are so great and chargeable that the Abbot of St. James without Northampton in the Parliament of 12 E. 2. and the Abbot of Leicester in the the 26 of E. 3. being summoned to Parliament petitioned and procured themselves and their successors to be exemped from any future summons to and attendance in the Lords House as Barons of the Realm both because they held no lands of the King by Barony but only in frank almoign and their Predecessors had not formerly or usually been summoned to Parliaments sed vicibus interpolatis only And likewise because it would tend to the great grievance and loss of them and their houses and much impoverish them by reason of the great expence it would bring upon them One Peer and his retinue expending more every Parliament than the wages of 40 or 50 Knights and Burgesses amount to Wherefore there is no shadow of reason why the people should elect them since they doe not represent them nor pay them wages as they doe to their Knights Citizens Burgesses who serve for and represent them Wherefore their Levelling Oppugners may as well argue That our Nobles ought to be elected by the people to their Honors Lands Estates which descend unto them from their Ancestors not from the common people as that they ought to sir in Parliament by the peoples election only to represent themselves in their own right not the people And that the Knights of the Shire ought to be elected to their dignity of Knighthood which the King only confers on them or to their Lands and Freeholds which they enjoy in their own right because they are elected by the Free-holders to sit in Parliament in their right who elected them nor their own alone which Barons doe not 7ly On these grounds the suppressing debasing captivity or slaughter of the Princes Lords and Nobles of a kingdom or Nation is by God himself defined to be an immediate forerunner concomitant cause of the Kingdoms Nations ruine and slavery and a matter of great lamentation Ezech. 19.1.14 c. 17.12 Lam. 1.6 c. 2.2 c. 5.12 Prov. 19.10 c. 30.21.22 Eccl. 10.5 7. Isay 3.4 c. c. 34.11 12 13. c. 40.23 c. 43.28 Jer. 4.9 c. 27.20 c. 29. c. 25.18 19. c. 50.35.41 51 55. c. 52.16 Hos 7.16 Amos 2.15 c. 2.2 3. 2 Kings 24.14 Mich. 3.7 2 Chron. 24.23 Jer. 24.8 9. And the continuing of Kings Princes and Nobles in honour and power in any kingdom and nation are reputed and resolved by God to be the greatest honour happiness defence safety and preservation of that kingdom and people Jer. 17.24 25. c. 22.4 Eccles 10.17 Jer. 30.21 Psal 68.27 28. Prov 8.15 16. Isay 32.1 1. Chron. 23.2 c. c. 28.1 c. c. 29.24 25. Gen. 17.6.16 c. 35.11 2 Sam. 11 12. 1 Chron. 14.2 c. 28.4 5. c. 2 Chron. 2.11 c. 9.8 1 Kings 11.32 36. 2 Chron. 21.6 7. 2 King 8.18 19. 1 Kings 15 45. 2 Chron. 23.3.11.20 21. c. 9.26.27 Numb 24.7 Ezech. 37 22 29. Mich. 2.13 c. 4.8 Therfore they cannot be rejected suppressed by us now without apparent danger ruine and desolation to our kingdom whatever frantick Levellers and others fancy to the contrary who would be more than Kings and Lords themselves over the Nation could they once suppress both King and Lords as they design and endeavour By all which premises it is most apparent That our Lords and Barons sitting voting in Parliament who if you take them poll by poll have in all ages been more able Parliament-men States-men in all respects than the Commons though chosen by the people who alwayes make not choice of the best and wisest men as experience manifests is not only just lawfull in respect of Right and Title but originally instituted upon such grounds of Reason Justice Equity Policy as no rational understanding man can dislike or contradict but must subscribe to as necessary and convenient and so still to be continued supported in this their Right and Honour to moderate the Excesses Encroachments both of King and Commons one upon the other and keep both of them within their just and antient bounds for the kingdoms peace and safety The rather for that the very Act made this Parliament for the preventing of inconveniences happening through the long intermission of Parliaments not only enacts and requires ALL the Lords and Barons of this Realm to meet and sit in every Parliament under a penalty but likewise prescribes an Oath to the Lord Keeper and Commissioners of the Great Seal under severe penalties to send forth Writs of Summons to Parl. TO THEM ALL and in their default enables and enjoyns the Peers of the Realm or any twelve or more of them to issue forth Writs of Summons to Parliament under the Great Seal of England for the electing of Knights Citizens and Burgesses which Act will be meerly void and nugatory if their Votes and Right to sit in Parliament be denyed or the House of Peers reduced to the House of Commons which this very Statute doth distinguish Now whereas our whimsical Lilburnists and Levellers object that the Lords have no right to sit or vote in our Parliaments because they are not elected as Knights and Burgesses by the people under which Notion alone when thus elected they will admit them a place and vote in the Commons house but not otherwise I must inform these Ignoramusses that by the Laws Statutes of our Realm and the custom resolution of our Parliaments the Earls Lords and Barons of the Realm are altogether uncapable of being elected Knights or Burgesses to serve in Parliament and their elections as such meerly void and null in Law to all intents This is most apparent 1. By the very words of the writs of Summons to the Lords whereby they are summoned Nobiscum cum caeteris Praelatis Magnatibus et Proceribus dicti Regni nostri colloquium habere tractare c. vestrumque consilium impensuri c. not to treat conferr and consult with the Knights Citizens and Burgesses 2. By the express words of the Writs for the electing of Knights Citizens and Burgesses which have the same clause and then enjoyn the Sherifs to cause to be elected and returned duos Milites magis idoâ—eos discretos Comitatus praedicti de qualibet Civitate duos Cives de quolibet Burgo duos Burgenses de discretioribus magis sufficientibus c. ad faciendum et consentiendum hiis quae tunc c. Which disables them to elect any Lords or
2. c. 4. 7 H. 4. c. 15. 11 H. 4. c. 1. 1 H. 5. c. 1. 6 H. 6. c. 4. 8 H. 6. c. 7. 10 H. 6. c. 2. 11 H. 6. c. 11. 23 H. 6. c. 15. which cite Our Lord the King willeth commandeth and Ordaineth or hath Ordained by advice and assent of the Lords Spiritual and Temporal upon complaint or at the special request of the Commons to shew that they are only Petitioners not Judges nor Ordainers in all or any of them give them not the least title of Jurisdiction in cases of elections or privileges And therefore according to the resolution of all the Judges Hill 2. Jacobi in the case of Penal Statutes Cook 7 Rep. f. 37. That the prosecution of penal Statutes cannot by law be granted to any nor be prosecuted or executed in any other order or manner of proceeding than by the Acts themselves is prescribed and provided the Commons cannot against the Letter and provision of all those Acts be Judges of them in any other manner or order than they prescribe As for their proceedings in the Committee of Privileges touching Elections since they have interposed in them as they have been very irregular illegal in respect all the Witnesses they examin touching them are unsworn and give their testimonies without Oath upon which they Ground their Votes So they are for the most part very partial and for that cause it is usually stiled The Committee of Affections he that can make the most Friends and strongest party being sure to carry the election for the most part both at the Committee and in the House though never so foul as I could instance in many cases of late times and more especially in the case of the Election of Cirencester 1647. too foul to blot my paper with For their suspending secluding ejecting their own Members I have sufficiently manifested its illegality long since in my Ardua Regni being a late dangerous president began within our memories the sad effects and consequences where of we now discern by these dangerous gradations 1. The Commons began to seclude one another upon pretence of undue elections and retornes in Queen Elizabeths reign but not before which they have since continued and that rather to strengthen or weaken a party in the House then to rectifie undue elections and retorns which a good Act would easily do 2ly In the later and last Parliaments of King Charls they began to seclude Projectors though duly elected 3ly They proceeded to suspend and eject such who were royallists and adhered to the late Kings party 4ly They proceeded to imprison and eject those Members whom the Army Offices impeached or disliked as opposite to their designs 5ly The Minority of the House at last by the power of the Army secured secluded expelled the Majority and 50 or 60. near 400 Members and made themselves the Commons House without them 6ly They then proceeded to vote down and seclude both King and House of Lords then voted themselves to be the Parliament of England sole Legislators and supream authority of the Nation without either King or House of Lords or majority of their fellow Members prescribing an Engagement under strictest penalties against K. House of Lords to seclude them from all future Parliaments 7ly Hereupon the Army Officers and Souldiers who made continued them an absolute Parliament and first of all subscribed the Engagement to be true and faithfull to them without King and House of Lords at last by Divine Justice against their very engagements to them secluded suppressed them all as they had done the King Lords and their fellow Members and declared them to be actually dissolved and no longer to be a Parl. or the supreme authority of the Nation 8ly They then proceeded to chuse and nominate a Parliament at Whitehall alone without the peoples election and then one part of them without the rest resigned their new soveraign power and secluded dissolved the residue and turned them out of doors 9ly They then proceeded to a New model of Parliaments wherein they disabled most of the Freeholders Citizens and Burgesses of England to be either Electors or elected Members contrary to their privilege and all former laws for elections appointed those they stiled the Council of State at Whitehall to seclude what Members they pleased though duly chosen according to their new ill-tuned instruments before or without any examination or reason rendred for their seclusion to the secluded Members or their Electors for their new created Parliaments by which means they secluded whom and how many they pleased in all their late conventions And most of those Reipublican Members and some cashiered Army Officers who were most active in securing secluding their fellow Members in December 1648. and in voting down the King and House of Lordspunc who may now justly say as Adoâ—bezâ—eh once did in another case Judg. 1.8 As I have done unto-others so God hath requited me being secluded secured cashiered dissolved and some of them sent prisoners to remote Castles as they secluded and thus imprisoned my self with other their fellow Members without cause and most justly branded in several Pamplets and Declarations for a CORRVPT PARTY carrying on their own ends to perpetuate themselves in their late Parliamentary and supream Authority never answering the ends which God his people and the whole Nation expected from them but exercizing an arbitrary power at Committees and elsewhere over them likely to swallow up the antient Liberties and Properties of the People to increase their vexations c. as they had most unjustly taxed the secluded Members 1648. for A CORRVPT MAJORITY acting contrary to their trusts Which I desire them now seriously to lay to heart and to acknowlege Gods Soveraign Justice therein 10ly Their new Major Generals in their last elections prescribed to all Countries and to most Cities Burroughs by letters lists of names sent to them what persons they must elect secluding those they elected which were not in their lists and caused Sherrifs to return many they nominated though never elected but protested against by those who were to chuse them rather to carry on private interests designs than the private or publike good Laws Liberties Properties Peace Ease of the Nation from importable Taxes Excizes Slaverie and armed guards and to set up private Conventicles Parties instead of free publike English Parliaments duly elected and constituted These the sad effects of this Innovation and Usurpation of the Commons over their own Members by the objected Presidents which by Divine Justice have made all their new modelled Conventions abortive successess yea to end in sudden confusions and unexpected dissolutions ever since Besides from this their late fining imprisoning and judging of their fellow Members in the House they proceeded in the last long Parl. to make almost every Committee of the Commons House a most arbitrary tyrannical Court of Justice independent on the
Monarchy Royalty Principality Nobility yea Titles of Honour and Nobility as Kings Princes Dukes Lords c. are of Divine institution Col. 1.16 Rom. 13.1 2. Eph. 3.10 yea as antient almost as the world it self universally received approved among all Nations whatsoever under heaven and honoured with special privileges as not only all eminent Authors and experience manifest but these ensuing Scripture Texts Gen. 12.15 c. 14. â— to 10. c. 17.6.16 c. 20.2 c. 21 22 23. c. 25.16 c. 26.1.8.26.26 c. 36.15 16 17 18 29 30 31 to 43. c. 9.1 2. c. 41.40 to 47. c. 47.22 26. Exod. 1.8 Numb 20.14 c. c. 21.1 18 21 33. c. 22.7.10.14 15 40. c. 23.17 c. 2 3 10. c. 16.2 c. 27.2 c. 32.2 Deut. 17.14.15 16. Josh 1.16 17 18. c. 5.1 c. 5.1 c. 8 9 10 11 12. Judg. 9.6 18. 1 Sam. 8.5 9. 2 Sam. 11.2 1 Kin 4.34 c. 10.15 23 29. c. 20.19 c. 23.22 Iob 3.14 c. 36.7 Psal 2.2.10 Psal 62.12.14.29 Ps 72.10 11. Ps 102.15 Ps 136.17 18. Ps 138.4 Prov. 8.15 16. Prov. 30.31 Eccl. 10.16 17. Judg. 3.5 c. 16.8 1 Sam. 5.11 c. 29.2.6 7. Jer. 25.18 to 27. Dan. 4.36 c. 5.9 10 13. c. 6.27 Mat. 8.9 Mar. 6.21 c. 10.42 1 Cor. 8.5 Rom. 13.1 2 3 4. 1 Tim. 2.1 2 Tit. 3.1 2. 1 Pet. 2.13 14 15. Acts 9.27 which I wish our Sectaries Levellers and Lilburnists to consider and study with the others forecited it will be a meer folly and madnesse in any man to prove Antipodes to this institution of God Nature Nations to run quite contrary to all men and to level the head neck shoulders to the feet the tallest Cedars to the lowest Shrubs the roof of every building to the foundation stones the Sun Moon Stars Heavens to the very Earth center and even men themselves to the meanest beasts I shall therefore conclude with Saint Pauls serious admonition which these refractory persons have quite forgotten Rom. 13.1 2.3 Let every soul be subject to the higher Powers for there is no power but of God the powers that be are ordained of God whosoever therefore resisteth much more oppugneth abolisheth the Power resisteth oppugneth abolisheth THE ORDINANCE OF GOD. and they that resist oppugne or endeavour to abolish these powers shall receive to themselves DAMNATION for Rulers are not a terrour to good works but to the evil wherefore YE MUST NEEDS BE SUBJECT NOT ONLY FOR WRATH but likewise FOR CONSCIENCE SAKE And for this cause pay you tribute also for they are Gods Ministers attending continually on this very thing Render therefore to all such just higher Powers theâ—ues tribute to whom tribute custom to whom custom fear to whom fear HONOUR to whom HONOUR IS DUE which Saint Peter likewise seconds almost in the self same words which you may doe well to peruse and study 1 Pet. 2.12 to 20. and then you will never dare to question or dispute any more the Power Judicatory Privileges of the Right Honourable House of Peers much lesse to Revile and Libel against their lawfull power persons Judicature as now you doe to the infinite Scandal of your Schismatical faction and Religion it self which you professe only in shew but deny in deeds and practice I shall close up this Plea with these ensuing Presidents of Power given by Act of Parliament to the Lords of the Kings Council to answer those Petitions and redresse those grievances which were not answered nor redressed sitting the Parliament after the Parliaments themselves were ended and that at the Commons special requests Parl. 15 H. 6. n. 33. Iâ—eâ— lavantdir 27 iour de Marcz un auâ—â—e petition fuist baillez a nostre Seignior le Roy en mesme le Parlement per les Comunes dicel le tenour de quell petition ey eâ—suitâ— Please au Roi nostro Soverayn Seignior considerer comet plusours petitions ount estez baillez et exhibitez a vestre tresnoble haâ—tesse par les Comunes de cest present Parliament pur ent avoir covenable remedie et unquore ment determinâ—z d'ordenier per advis des Seigniors Esperituelx et temporelx assent des Comunes avantaitz que les ditz petitions purront estre deliveres a les Seigniors de vestre tressage Counseill lez queâ—x appellez a eux les Justices et autres gentz aprisez en vâ—stre ley si besaigne y foit aiant poair par auctoritee du dit Parlement pâ—r entre cy et la fest del Nativite de Seint Johan Baptiste prouohein avenir doier et terminer les dites petitions et que Ycelle ensi terminez del advis et assent suis ditz puâ—runi estre enactez enrollez et mys de Recorde de mesme vestre Parlement La quell petition lev en mesme le Parlement et entenditz del advis et assentdes Seigniors Espirituelx temporelx en le die Parlement adonqes esteantz fuit restonduz a icell en manere ensuant Le Roi le voet Et postea videlicet vicessimo secâ—ndo die Junii tunc proxime sequenti omnes et singulae Petitiones quae Domino nostro Regi per Comunes Parliamenti praedicti pro congruo remedio inde auctoritate ejusdem Parliamenti habend libertatae et exhibitae minimeque ante dissolutionnem Parliamenti praedicti determinatae fuerunt certis Dominis de Consilio Regis subscriptis videlicet carissimo Avunculo Regis Humfrido Duci Gloucestriae ac venerabilibus patribus Johanni Archiepiscopo Ebor. Johanni Bathon et Wellen Cancellario Angliae Willielmo Lincoln Episcopo necnon et Radulpho Cromwell Militi Thesaur Angl. Waltero Hungerford Militi et Magistro Willielmo Lyndwode Custodi privati figilli Dom. Dom. Regis apud Westm. in Camera stellata preatextu auctoritatis praedictae aexhibitae fuerunt et libertatae qui quidem Domini appellatis sibi prius Justiciariis ac aliis peritis in lege tam communes quam spirituales Petitiones subscript de petitionibus antedictis coram eos legi fecerunt easque auctoritate praed in forma qua in indorsamento earundem Petitionum continetur determinaverunt quarum quidem petitionum tenores una cum responsionibus earundem inferius hic sequuntur The like was enacted and done in the Parliaments of 1 H. 6. n. 21. 4 H. 6. n. 21. 8 H. 6. n. 45. 8 H. 6. n. 69. Since then the Lords at the Commons request were thus auâ—horized to be Judges Answerers Reformers of their Petitions and Grievances in Parliament which could not be there answered redressed during the Parliaments sitting even after those Parliaments determined much more must they be the only proper Judges Answerers and Redressers of them in our Parliaments whiles they continued sitting and those who are proper Judges of their Petitions and Estates in Parliament must by the self-same reason be admitted to be the proper Iudges of their persons likewise in all cases proper for Parliamentary Conusance maugre all pretences to the contrary A Supplement to the
LORDS and GREAT MEN as well Ecclesiastical as secular were present inquiry was made whether any were unjustly spoiled and deprived of their rights Whereupon it was shewed that Arch-Bishop Wulfred was unjustly deprived of his just Lordship and Jurisdiction near six years space and forced under pain of confiscation of his goods and banishment to convey three hundred Hydes of Land to him upon condition that he should bee restored to his full Archiepiscopal authority which condition was not performed After the Kings death Abbesse Kenedrytha his daughter and heir was summoned to this Council where the Arch-Bishop complained of the injuries done to himself and Christ-Church in Canterbury by her Father requiring reparations for them from the Abbesse if it were just Whereupon ALL THE COUNCIL held it just and DECREED BY AN UNANIMOUS DECREE that all the Lands and things taken away from the Arch-Bishop by her Father should bee restored together with the profits thereof lost for so long a space as also all the Books and Writings by the Abbesse being heir to the King which was accordingly performed by her King Bertulfus Anno 850. Holding a Great Council with the Prelates and Nobles of the whole Realme of Mercia upon the complaint of Siward and the Monks of Croyland of certain injuries maliciously done unto them by their adversaries in violating the Bounds and Priviledges of their Sanctuary to the great prejudice of their Abby Thereupon the King Prelates and Nobles in this Council for redress of this injury prescribed a Perambulation of their Bounds to be made by the Sheriffe of the County and to certifie the same unto them when made which was accordingly made certified to and confirmed by THE KING PRELATES and NOBLES in the Council held by them at Kingsbury in the year 851. as you may read at large in Ingulphus upon the petition of Abbot Siward After the death of King Edgar Anno 975. there being a great difference between the Nobles of the Realme about electing a new King some of them siding with Ethelred others with Edward his two Sons all the Bishops Abbots and NOBLES assembled in a great Parliamentary Council to debate and determine their rights and titles to the Crown Wherein they elected and crowned Edward the elder Brother King In this Council and two or three more succeeding it at Winchester and Calne the married Priests complained TO THE LORDS that they were unjustly expelled out of their Churches by the Monks and their prevailing party during King Edgars Reign to their dishonour and the great injury of the Nation desiring that the Monks might bee ejected and they restored to their Churches they anciently injoyed about which there were great contests and disputes in sundry Councils the King and LORDS inclining to restore them against Arch-Bishop Dunstans and other Monkish Prelates wills About the year 982. There was a Witenagemâ—t or Parliamentary Council held at London to which the DUKES PRINCES and NOBLES resorting from all parts Adelwold Bishop of Winchester complained that one Leofsi who had purchased Lands of him in the Isle of Ely not only refused to pay for them but also disseised him of three other Mannors The cause being opened and pleaded by the Bishop and the Lawyers flocking thither from all parts They ALL ADJUDGED that the Lands and Mannors should bee restored to the Bishop together with all his dammages and that Leofsi for this his rapine should also pay a fine and ransome to the King Queen Edgen in a civil cause and suit in the County Court between her and Goda appealed from that Court to King Ethelred and a Parliamentary Council at London Congregatis Principibus sapientibus Angliae In the time of St. Edward a suit between the Bishops of Winchester and Durham coram Principibus et Episcopis Regni in praesentia Regis ventilata finita est In the tenth year of King William the Conquerour Episcopi Comites et Barones Regni regia potestate ediversis Provincis ad universalem Synodum pro causis audiendis et tractandis convocati sunt as the Leger Book of Westminster records Hence I suppose it was that what we now call a Parliament was sometimes stiled by our ancient Historians in former ages MAGNUM PLACITUM because of the great Pleas and suits therein decided and judged BY THE KING and LORDS King William the first Anno 1071. held a great Council of his PRELATES and NOBLES at Winchester In hoc Conciliâ— dum caeteri trepidi ut pote Regis aegnâ—scentes animum ne suis honoribus privarentur venerandus Vir Wulstanus Wigorniensis Episcopus quamplures possessiones sui Episcopatus ab Aldredo Archiepiscopo duâ— Ã Wigorniensi Ecclesia ad Eboracensem transferretur sua potentia retentas qui eo tunc defuncto in Regiam potestatem devenerant constanter proclamabat JUSTITIAMQUE INDE FIERI tam AB IPSIS QUI CONCILIO PRAEERANT quam a Rege FLAGITABAT At quia Eboracensis Ecclesia non habens Pastorem qui pro ea loqueretur muta erat JUDICATUM EST ut ipsa querela sic remaneret quousque Archiepiscopo ibi constituto qui Ecclesiam defenderet dum esset qui ejus querelae responderet objectes responsis posset ebidenâ—us et Iustius Iudicium fieri sicque tunc a querela ad tempus remansit But Thomas being soon after consecrated Arch-Bishop of York thereupon reverendi Wulstani Wigorniensis Episcopi mota est iterum querela Archiepiscopo jam consecrato Thoma qui pro Eboracensi loqueretur Ecclesia in Concilio in loco qui vocatur Pedreda celebrato coram Rege ac Doroberniae Aâ—chiepiscopo Lanfranco Episcopis Abbatibus Comitibus Primatibus totius Regni Dei gratia adminieulante Terminaâ—um Cunctis siquidem machinationibus non veritate stipatis quâ—bus Thomas ejusque fautores Wigorniensem Ecclesiam deprimere Eboracensi Ecclesiae subjâ—cere aniliamque facere modis omnibus satagebant justo Dei judicio in scriptis evidentissim is detritis penitus annihillatis non solum vir Dei Wulstanus proclamatas expetitas possessiones accepit sed suam Ecclesiam Deo clamante Rege concedente ea libertate liberam suscepit qua primi fundatores ejus sanctus Rex Ethelredus Offa c. ipsam liberaverunt By which History it is apparent that the King and Lords in that age had the sole judicature in civil causes in the Parliaments then held and decided civil Titles and controversies therein between Bishops and spiritual as well as temporal persons In the year-Book of 21 Ed. 3. fol. 60. There is a recital that upon the complaint of the Abbot of St. Edmonds de Bery against the Bishop of Norwich for infringing the liberties of the Abby in the Reign of William the Conquerour in a Parliament held under him most likely in this Council of Pedreda it was ordained per le Râ—y et per Larchebesque de Canterbury et per touts les Auters Ebesques de
very year-books of 22 E. 3. f. 18. a. where a Juror in the Grand Assise was challenged because he was a Baner or Baron and this Challenge not allowed car sil soit a BANER ne tient pas per BARONI il seruera in l'assise By 48 E. 3. f. 30 b. Brook Challenge 37. where Sir Ralph Everden Knight brought a writ out of Chancery and also a privy Seal to the Justices rehearsing that he was a Baron and commanding them to discharge him from being sworn in Assises because Barons ought not to be sworn in any Enquest or recognisance against their wills Whereupon Judge Belknap examined him Sil tient per Borony sil avera tout ceo temps Venus a Parlement come Baron duist vener who answered That he held by a certain part of a Barony and that he and his Ancestors had alwayes held so After which upon good advice he was discharged The tenure by Barony and comming to Parliaments in Belknaps opinion being that which makes men Barons not the general writ of Summons unless they held by Barony which Opinion is fortified by An. 3 H. 3. Fitzh Prescription 56. M. 4 H. 3. Dower 180. M. 23 H. 3. Partition 18. Tr. 18. 2 E. 2. Fitz. Assise 383. 39 E. 3.35 b. 34 H. 6.50 Trial. 18.35 H. 6.40 a. Sir Edward Cooks 4 Instit p. 47. Gilbert de Vmphrevils case with what Sir Edward himself hath observed in his 4 Instit p. 5. which I thought fit to add for further clearing of this moot-point to what I have herein collected touching this Subject 5ly I have here p. 57. to 132.243 to 258.264 to 267. 192. to 206 c. produced many memorable presidents and Records of our Lords and Barons magnanimous strenuous unanimous oppositions of all Regal and Papal Usurpations Oppressions Exactions Encroachments on the peoples Liberties or properties in former ages in our Parliaments of their care vigilancy industry courage to gain retain confirm and perpetuate to posterity those Grand Charters of our Liberties and Fundamental Laws privileges franchises which we formerly enjoyed by their valour and so long contested for both in Parliaments and the field against the late King with the prodigal expence of much Christian bloud and many Millions of Treasure Which yet now at last are almost totally lost betrayed deserted disowned both by the Nobility Gentry Lawyers Clergy and Commonalty of the Nation through base unworthy unchristian unEnglish ignoble fear and cowardise to their eternal infamy and reproach unless the God of the spirits of all flesh shall infuse new life and English Spirits into their spiritless stupid timorous faint-hearted slavish and almost despairing Souls by the serious contemplation of those heroick presidents of their ancestors here represented to their view especially when publikely assembled in Parliament and pressed to burden the people with new Aydes and Taxes though very rare small and inconsiderable in respect of the manifold heavy incessant Taxes Excises Imposts which we have for many years last past susteined to fight our selves into greater slavery beggary confusion every year than other and hasten the total and final desolation of Church State Religion Laws Liberties Parliaments kingdom if God of his infinite goodness prevent it not by induing the Lords of the Great Council of Parliament and all the Nobility Clergy Lawyers Gentry Commonalty and Soldiery of the Land with Grace wisdom understanding magnanimity unanimity and activity to know and pursue in this their day the things which belong to their peace liberty ease and settlement which shall be my daily Letany for them 6ly I have here published to your view the Articles proceedings â—udgements in Parliament against the two Spencers Roger Mâ—rtimer Earl of March King Edward the 2. and Richard the 2. out of the Records themselves more fully truly than they are related by our vulgar Historians to rectify some mistakes in them and presented you with the memorable petition of the Commons and the Kings answer thereunto in the Parliament of 1 Edw. 4. setting forth his pedegree Title to the Crown at large disproving the Titles of Henry the 4 5 6. branding them as meer Usurpers condemning Henry the 4. his deposition and murder of King Richard the 2. as a most tyrannical wicked bloudy unchristian act Murder execrable both to God and men which drâ—w down exemplary Judgements on the land and occasioned bloudy intestine wars repealing all proceedings Acts Ordinances for the establishment of this Usurper and attainting K. Henry the 6. his Queen Son and all their adherents of High Treason A record never formerly published And I have cleared these presidents from those false inferences to prove the Commons joynt interest in the Judicature of Parliament with the Lords and justifie those exorbitant proceedings which some have erroniously deduced from them 7ly In this plea I have for the most part recited the passages of our antient Parliaments and Records in the same language our old Historians and Records relate them both to avoid all suspitions of any mistranslation and because their own language more elegantly expresseth them and will give greater satisfaction to the learned of all professions for whose benefit and instruction I have chiefly published them not for the illiterate vulgars than any translation whatsoever If there be any lack-Latin Lords or Lawyers of so ignoble education or extraction that they cannot understand them I presume they have some Chaplains Secretaries Steward or Clerk belonging to them or learned friends near them who can interpret those passages in it which will be a shame for any Nobleman or Lawyer to profess in publike he understands nor for if Lawyers understand not Latin or French Records when printed how will they be able to read or make use of them in the Tower or Treasuries the principal Magazines both of that kind of learning and Law which concerns either our Parliamentary or State-affairs which will be wholly lost in few years more if all Students of the Law as many now do turn English Lawyers only and cast off the use both of Latine and Law-French in their publike Mootes the readiest method to make them real Ignoramusses and as void of Law as of these Languages wherein the Records are registred It is our Saviours observation John 3.19 20. That light is come into the world and men love darkness more than light because their deeds are evil For every one that doth evil hateth the light neither cometh to the light lest his deeds should be discovered or reproved And St. Paul complains of the foolish Galathians whom some had bewitched that they should not obey the truth that though at first they so respected him that if possible they would have plucked out their own eyes and given them to him yet soon after reputed him to be their enemy because he told them the truth I doubt the old and new Lights and unknown Parliamentary truths proceedings discovered to the ignorant blind world in this Plea
13.1 2 3 c. commands Every Soul to be subject to the higher powers not only for fear but conscience sake upon this ground For there is no Power but of God the powers that are are ordained or ordered of God and they are the Ministers of God to men for good Hence God and Christ are stiled The only Potentate THE KING OF KINGS AND LORD OF LORDS The Prince of the Kings of the Earth 1 Tim. 6.15 Rev. 1.5 c. 17.14 c. 19.16 because they only by meer original right dispose of all Kings Lords Potentates kingdoms Upon which reason the Apostle concludes That all created things in heaven and in earth whether they be Powers or Principalities or Dominions or Powers are created BY AND FOR CHRIST that in all things he might have the preheminence might and dominion being exalted far above all Principalities and Powers Col. 1.16 17 18. Eph. 1.20 21. By what divine natural inherent just right or Title then the Commons or Vulgar people of our own or other Realms can challenge to themselves the sole power of electing setting up and pulling down their Kings Princes Lords Judges kingdoms Principalities Powers Dominions at their arbitrarie pleasures of setting up pulling down or electing their Supreme or subordinate Governors Magistrates and all Peers of Parliament at their wills of disposing kingdoms Powers Lordships to whomsoever they please as these Bedlam Objectors plead they may without contradicting all these Sacred Texts and intruding upon these royal incommunicable Preheminences Prerogatives of God and Christ let all popular pretenders to or advocates for such a power in the people and Commons of the Realm resolve me and all others when they are able against all these Texts oppugning this their claim and interest 9. Ninthly I answer that a particular explicit actual choice and election by the people of any to be Kings Magistrates Judges Ministers Peers or Members of Parliament is neither necessarie nor convenient to make them just and lawfull except onely when the Laws of God of Nature of Nations or the kingdom expresly require it but onely a general implicit or tacit consent especially when the antient Laws of the Land continuing still in full force and the custom of the Kingdom time out of mind requires no such ceremonie of the peoples particular election or call in which case the peoples dissent is of no validitie til that Law and custom be repealed by the general consent of the King Lords and Commons in Parliament Now the antient Laws Statutes and Customs of the Kingdom enable all Lords who are Peers and Barons of the Realm to sit in Parliament when ever summoned to it by the Kings Writ without any election of the people and if the Laws and Customs of the Realm were that the King himself might call two Knights Citizens and Burgesses to Parliament such as himself should nominate in his Writ out of every County City and Borough without the Freeholders Citizens and Burgesses election of them by a common agreement and consent to such a Law and usage made by their Ancestors and submitted and consented to for some ages without repeal this Law and Custom were sufficient to make such Knights Citizens and Burgesses lawfull Members of Patliament obliging their posterity whiles unrepealed as well as their Warranties Obligations Statutes Feofments Morgages Oaths and alienations of their Lands as the Objectors must acknowledge therefore they must of necessity grant their present sitting voting and judging too in Parliament to be lawfull because thus warranted by the Laws and Customs of the Realm 10. If all Power in Government all right of sitting judging and making Laws or Ordinances in Parliament be founded upon the immediate free election of all those that are to be Governed and if it be of necessity that all who are to be subject and obey ought to be represented by those who have power in Government the Sum of Lilburns Overtons and the Levellers reasons against the Lords Jurisdiction then it will of necessity follow If this be good Divinitie and Law that the Laws of God Moses and Christ himself should not bind the Jews or Christians because made without their common consents or any to represent them Then the Laws Decrees of the Medes and Persians made by their Kings alone or by them and their Princes without any representative of their People as is evident by Esth 1.13 to the end ch 3.8 to 15. ch 8.8 9 c. c. 9.32 ch 10.1 Ezr. 1.1 c. ch 4.6 to 24. ch 5.13.17 c. 6.1 to 15. c. 7.11 to 27. Jonah 3.6 7 8. Dan. 6 7 8 9. were meer nullities and not binding to the commonalty Then the Laws of David his Captains and Princes concerning the Levites Priests Temple c. 1 Sam. 30.2.45 2 Chron. c. 22. to ch 29. with all our own antient Britâ—sh and Saxon Laws made by our Kings and Nobles alone without any Knights Citizens or Burgesses elected by or representing the people as were all our Laws and Acts before Henry the 3d his reign both before and after the Conquest as we usually call it though many of them yet in force and vigor With all antient Lawes made by Kings alone being the only Law-makers in all Nations at first as Justine and others attest and Ezr. 7.26 Esth 3.8 Isay 33.22 intimate whence they are stiled the Kings Laws c. should be meer Nullities by this Doctrine because not made by the Peoples previous consents and representatives Yea then the Orders Votes Ordinances and Laws made or consented to by the Knights Citizens and Burgesses in Parliam ought not to bind any Ministers Women Children Infants Servants Strangers Freeholders Citizens Burgesses Artificers or others who cannot well properly be represented but by persons of their own sex degrees trade calling so each sex trade in each county Corporation of Engl. should send Members of their own to Parliament to represent them but only such Freeholders and Burgesses who had voices in and gave free consent to their Elections not any who have no voices by Law or dissented from those elected and returned Yea then it will necessarily follow that those Counties Cities and Boroughs whose Members have been injuriously impeached suspended driven away or thrust out of the House of Commons by the Objectors and the Armies practise violence contrary to all former presidents are absolutely free exempted from and not bound by any Votes or Ordinances made or taxes imposed by the Commons House because they have no Members to represent them residing in Parliament and that those Counties and Boroughs whose Knights and Burgesses are dead or absent are no wayes obliged by any Votes Ordinances or Grants in Parliament And then how few in the Kingdom will or ought to yield obedience to any the Acts Ordinances or Votes of this present Parliament or to any Mayors Sheriffs Aldermen or Heads of Houses made by their Votes and Authority usually made by election
assembled a Council of the Nobles of his Realm at whose inteaty he granted him Christian burial but for this his Treason they confiscated all his Lands great and small to the King who by their consent granted them all to the Abbey of Malmsbury by his Charter wherein he recites Elfreds Treason death and the judgement given against him by the Nobles adding Sciant Sapientes regionis nostrae non has praefatas terras me in iuste rapuisse rapinamque Deo dedicasse sed sic eas accepi quemadmodum judicaverunt omnes Optimates regni Anglorum et sic adjudicata est mihi tota possessio ejus in Magnis et Modicis Here we have a direct judgement given against Elfred after his death by all the Nobles of the Realm assembled in a Parliamentary Council for Treason against the King for which they adjudged he should forfeit all his Lands to the King whose seisure of them by this legal judgement was no rapine but a just and legal perquisite which he in gratitude dedicated unto God Anno 985. as some or 986. as others relate King Ethelred banished Alfric Duke of Mercia out of the Realm the cause and manner thereof not expressed by our Historians is thus recited in King Ethelreds Charter to the Abbot of Abingdon in the Leiger book of Abingdon f. 91. that Alfric had forcibly ravished and taken away Willemetrant and Syrene from a widdow named Eadfeild for which he was banished after which being recalled and made one of the Kings Admirals against the Danes Anno 992· he played the Traytor and revolted to the Danes as our Historians record for which Treason as that Charter recites quia cum Ducatu suo contra Regem Ethelredum reus exstitit omnes possessiones ejus Regis ditioni subactae sunt and that by the Lords judgement given in a COUNCIL at CIRENCESTER stiled Synodale Concilium ad quod omnes Optimates mei simul in unum convenerint et eundem Aâ—fricun Majestatis reum de hâ—c patria profugum expuâ—erunt by whose Judgement as he seised his Dukedom and Lands there adjudged to be forfeited for his Treason it is likewise probable he caused the Eyes of Algarus son of this Traytor Alfric to be put out Anâ—o 993. when this Council at Cirencester was held as I conjecture In a great Parliamentary Council held at Oxford Anno 1015. King Ethelred caused some Nobles of the Danish race whereof Sygeforth and Morcar were chief to be suddenly and secreâ—ly slain and put to death as being noted and accused of Treason and Perfidiousness towards the King who thereupon seised upon their Earldoms Lands and Goods King Cnute Anno 1017. by his precepts assembled all the Bishops Dukes Princes and Nobles of the English Nation in a Great Parliamentary Council at London where they all swore allegeance and homage to Cnute as their King totally rejected abjured Edmond Ironsides Sons and Brothers right heirs to the Crown against their former Oaths of Allegiance to them and by wicked advice adâ—udged Prince Edwin to be banished the Realm and Edmond Ironsides Sons to be sent beyond the seas to be slain by the Barbarians for which by divine retaliation â—he chiefest of them within one year after were slain or banished the Realm by King Cnute whom they endeavoured to ingratiate and secure by this their unjust sentence The Chronicle of Bromton Caxton in his Chronicle and Mr. Selden record this memorable proceeding in an Appeal of Treason against Earl Godwin in a Parliamentary Council held about the year 1043. Godwin Earl of Kent being enforced to fly into Denmark to preserve his life for the murder of Prince Alfred Brother to King Edward the Confessor hearing of Edwards piety and mercy resolved to return into England humbly to implore his mercy and grace that he might regain his lands then confiscated for it having provided all things for his journy he put to Sea arived in England and posted to London where the King then held a Parliamentary Council wiâ—h all his Nobles Comes Godwinus usque Londonias ubi Rex et omnes regni Magnates ad Parliamentum tunc fuerant properavit rogans ibi et petens amicos consanguineos suos qui post Regem majores terrae fuerunt ut gratiam et amicitiam à Rege sibi perquirere studerent Qui super hoc consilio inter eos deliberato ipsum coram Rege pro gratâ—a obtinenda secum duxerunt Sed statim cum Rex eum intuitus esset De proditione et morte Alfredi fratris sui ipsum appellavit in haec verba Proditor Godwine ego te appello de morte Alfredi fratris mei quem proditionaliter occidisti Cui Godwinus se excusando respondit Domine mi Rex salva reverentia et gratia vestra pace dominatione fratrem vestrum unnquam prodidi veloccidi unde super hoc pono me in consideratione Curiae vestrae Tunc dâ—xit Rex Karissimi Domini Comites et Barones terrae qui estâ—s homines meâ— liget modo hic congregaâ—â— appelâ—um meum responsumque Godwini audistiâ— Volo quod inter nos in ista appellatione rectum judiciam decernatis et debitam justitiam faciatis Comitibus vero et Baronibus super hoc ad in vicem tractantibus quidâ—m inter eos de justo judicio faciendo diversimodo sentiebant Alii enim aâ—cebant Quod nunquam per homagium servitium seu fidelitatem Godwinus Regi exstitit alligatus et ideo Proditor suus non fuit quod ipsum etiam manibus fuis non occiderat Alii vero dixerunt Quod Comes nec Baro nec aliquis Regi subditus bellum contra Regem in appellatione sua-de Lege potest vadiare sed in toto ponere in misericordia suâ— et emendas sibi ofâ—erâ—e competentes Tunc Leofricus Consul Cestriae probus homo quoad Deum seculum dixit Comes Godwinus post Regem homo melioris parentelae totius Angliae et dedicere non potest quin per consilium suum Alfredus frater Regis interemptus fuit unde per me considero qúod ipsemet filius suus et nos omnes 12. Comites qui amici et consanguinei sui sumuâ— coram Rege humiliter procedamus onerati cum tanto auro et argento quantum inter brachia sua quilibet nostrum poterit bajulare illud sibi pro suâ— transgresin afferendo et suppliciter deprecando ut ipse malevolentiam suam rancorem et iram Comiâ—i con onet et acceâ— t is homagio suo fidelitate terras suas sibi integre restituat eâ— retradat Illi auâ—em omnes sub ista forma thesauro se onerantes et ad Regem accedâ—ntes seriem modum considerationis eorum sibi demonstrâ—bant Quorum considerationi Rex contradâ—cere nolens quicquid judicaverant per omnia ratificavit Concordia igitur sub isto modo inter eos facta Comes statim reobtinuit integreterras
Writs to divers Officers Governours and Ministers of divers other Citees and to many Shires and Burroughs of the seid Realm to make fals untrue and injust proclamations against our seid Soveraign and Liege Lord K. Ed. the 4th by the name of Ed. late E. of March to provoke and excite his destruction And also by his Letters signed with his hand directed unto the seid Dukes of Excester and Somerset and other Lords refused and denied to keep and observe the seid accord convention and agreement and by the same writing falsifying his promise departed from the same Convention and accord afore either the same our Soveraign Lord or the seid noble Prince his Fader any thing did or attempted to the contrary of the same convention and concord for their partie Be it declared and juged by the seid advis assent and authorite the premises considered that the seid Usurper Henry late called Henry the sixth agenst good faith troth conscience and his honour brake the seid Convention and concord and departed therefrom of wilfull malice long afore the seid fourth day of March as by the matters afore declared it appeareth sufficiently And that the breche thereof on his partie discharged our seid Soveraign Lord of all things that should or might charge him to the keeping thereof in any Article or point after the seid breche And that he was then at his freedom and liberty to use his said right and title of the seid Crownes and to enter into the exercise thereof and of the Royal power dignite and preheminence longing thereunto as he lawfully did in manere and fourm above specified the seid convention and concord and the Acte thereupon made or any thing therein conteined notwithstanding And over this it be declared and juged by the seid advis assent and authorite that the seid agreement concord and Act in all things which been in any wise repugnant or contrary to the seid right title entree state seasen and possession of our Soveraign Lord King Edward the fourth in and to the Crown Royal estate dignite and Lordship above said be void and of no force ne effect And that it be Ordeyned and stablished by the seid assent advis and authorite that every person having any parcel of the seid Castles Manors Lands Honours tenements rents services possessions or hereditaments aboveseid the which were given in exchange or in recompence of or for any other Manors Castles lands tenements rents advowsons fee-farms reversions or any other possessions or enheritaments given to the seid Henry late Earl of Derby to the seid Henry his son late called King Henry the fifth or to the seid Henry his son late called King Henry the sixth or to any other person or persones to or for their or any of their use at their or any of their desire or to perform execute their or any of their wille mowe entre And that they and their heirs and successors entre into the same Manors Castles Lands tenements rents services possessions advowsons or hereditaments so given And them have hold keep joy occupy and inherit of like estate as the giver or givers thereof had them at the time of the gift thereof made though it be so that in any of the Letters Patents or gifts made of any of the premises no mention be made of any recompence or eschange Qua quidem petitione in Parliamento praedicto lecta audita plenius intellecta de avisamento assensu Dominorum Spiritualium Temporalium in eodem Parliam existen ad requisitionem Communitatis praedictae respondebatur eidem modo forma hic Inferius annotatis The King by the advice and assent of the Lords Spiritual and Temporal in this present Parliament assembled at the request of the Commyns being in the same agreeth and assenteth to this Petition and it accepteth with certain moderations provisions and exceptions by his Highness thereupon made and in schedules written and in the same Parliament delivered the tenours of which hereunder follow c. Convenit cum Recordo This Judgement censure repeal in full Parliament of the deposition and proceeding against King Richard the 2. upon the Commons own Petition by this Act never yet reversed as most wicked treasonable unrighteous against Gods Laws and Mans crying for vengeance in Gods hearing in heaven and exemplarily punished upon the whole kingdom Nation and Henry the 4. his posterity on earth with the sad intestine warres miseries that attended it are sufficient arguments of its unlawfulness detestableness against all those who deem it just or allege it for a president to justifie their extravagances of a more execrable and transcendent Nature 16ly It is very observable that Roger Mortimer Earl of March who had the chief hand in deposing murthering King Edward the 2. after he was deposed was in the Parliament of 4 E. 3. condemned and executed for it as a Traytor without any legal trial all his lands confiscated and Queen Isabel her self who concurred with him like to be questioned for her life and abridged in her maintenance Moreover King Richard the 2. Granchild and next heir to King Edward the 3. who imprisoned deposed and invaded his Fathers throne though somewhat against his will was imprisoned deposed proceeded against in the self same manner as Edw. the 2. was by his very president and soon after murdered like as Edw. the 2. was by King Henry the 4. After which king Henry the 4. his Granchild Henry the 6. was also in the self same manner imprisoned deposed attainted of high Treason with his Queen and Adherents in the Parliament of 1 Edw. 4. n. 8. to 33. and at last murdered by Edw. the 4. his procurement to secure the Crown to himself and his Posterity Yet no sooner was King Edw. the 4. dead but his own Brother Richard Duke of Gloucester who by his instigation murdered King Henry the 6. with his own hands procuring himselâ— to be Protector of his son King Edw. the 5. then young getting his Brother and him into his custody by treachery perjury and hypocrisie caused them both to be barbarously murdered to set the Crown on his own head which he most ambitiously aspired after yet seemed unwilling to embrace till enforced to accept it by a Petition and Declaration drawn up by his own Instruments presented to him in the name of the Lords Spiritual and Temporal and Commons of the Realm of England wherein he branded his Brother king Edw. the fourth his marriage as illegal and his issue as illegitimate aspersed his Life and Government as one by whom the Laws of God of Gods Church of the Land and of nature and also the laudable Customs and Liberties of England wherein every English man is inheritor were broken subverted contemned against all reason and justice So that the Land was ruled by self-will and pleasure fear and dread all manner of Equity and Law laid apart and despised so that no man was sure of
Citizens Burgesses and Knights for the Parliament only by our Kings Letters and Charters not by the Peoples inherent Right of Election since none of them doe or can choose or send Knights Citizens or Burgesses to Parliament without the Kings Charters authorizing them and his Wrâ— to elect them first directed to them but only by power and vertue of them Therefore if the Lords sitting in Parliament be illegal unwarrantable because they sit only by Patents and Writs from the King the sitting of Knights Citizens Burgesses must be so too because they are elected only by the Kings Writ and the people enabled to elect them only by his Patents the power of creating Counties Cities Boroughs Knights being originally in the King as well as the power of creating Lords and Barons 3 Thirdly that the general election of the people is not absolutely necessary nor essential to the making of a Lawfull King Magistrate Counseller of State Peer Member of Parliament nor yet of a Minister as the Objectors falsly pretend who take it for granted as an infallible truth and Maxim of State For then it will necessarily ensue from hence 1. That God himself is no lawfull King or Governour over all the World and creatures in it because not chosen or elected by the General Voice of the Creatures and Mankind to be King over them and because the greatest part of men reject his Yoak Laws Government Exod. 5.2 Psal 2.1 2 3 4. Lu. 1.14.27 yet the Lord still reigneth as a Lawfull King over them by his own Right of Creatorship and Godhead Psal 95.3.5 Ps 96.10 Ps 97.1 Ps 99.1 Ps 100.3 Ps 103.15 Jer. 10.7 Dan. 4.32.34 Ps 10.16 Psal 22.28 Ps 48.7 2ly That Jesus Christ himself who is a King by birth-right Sonship and inheritance only being born King of the Jews sitting upon the throne of David his Father and reigning over the house of Jacob for ever by vertue of his Sonship only as Mat. 2.2 Lu. 1.32 33. Ps 2.6 7 8. Heb. 1.5 8 9. Acts 13.22 23 33. Ezech. 34.23 24. c. 37.24 25. Mar. 11.9.10 Isa 3.6 7. c. 11.1 2 c. Jer. 33. 15 17 20 21. c. 23.5 6. c. 30.4 Hos 3.5 Rev. 2.2 c. resolve was not chosen King â—is Saints Church Subjects people but chuseth them to be his Leiges John 15.16 Eph. 1.4 1 Pet. 2.9 Rev. 17.14 Deut. 14.2 Ps 132.13 Psal 135.4 shall upon this account be no lawfull King or Governor over his Saints Church and Subjects but a meer Usurper Intruder Tyrant over them as they stile Kings by Birthright not popular Election which is the highest blasphemy to affirm 3ly Then it will likewise inevitably follow That neither Moses Joshua Nehemiah Saul David Solomon nor any of the pious Kings of Juda nor Christ himself and other Kings who came to the Crown by Gods immediate designation or by descent birth-right and lineal succession were just lawfull Governors or Kings which none dare averr That the 70. Elders the Princes Nobles chief Captains Judges and Rulers under Moses and their Kings with other Governours and the Jewish Sanhedrim were no lawfull Judges Magistrates Counsellers of State or Members of their general Congregations Parliaments assemblies since we read of none of them chosen by the people but only designed by God himself or made created such by their Kings Governours who both called and summoned them to their general congregations assemblies judicatures as the premised texts and others evidence That Joseph Mordecai Daniel Shadrac Mesec Abednego were no lawfull Rulers or Magistrates because made such even by Heathen Kings not by the peoples choice And that none of the Levites Priests High Priests or Prophets under the Law were lawfull because none of them that we read of were made Levites Priests High Priests or Prophets by the peoples own choice but by descent and succession in the selfsame Tribe or by Gods own immediate call and appointment as John Baptist Christ himself the Apostles the 70 Disciples and others under the Gospel were made Ministers Apostles Evangelists preaching Elders without the peoples call yet our opposites dare not deny their Ministry and Apostleship to be lawfull being not of men but by Gods and Christs own call without the peoples Fourthly then it will from hence also follow that all Hereditarie Kingdoms which Politicians and Divines generally hold the best of Governments being the title of Christ himself to his kingdom all Patents Commissions in all Empires Kingdoms States of the world creating Princes Dukes Earls Lords and such like Titles of Honour whereby they are inabled in all Christian kingdoms to sit vote in their Parliaments and Assemblies of State for making Privy Counsellers Judges Justices and other Magistrates are void null illegal and so all the Laws Orders Ordinances made Acts done and Judgments given by them are void or erroneous because they were not chosen called to these publike places Counsels Judicatures by the people but by Emperors Kings and Supreme Governours of 〈◊〉 and what a confusion such a Paradox as this would â—â—eed in all our Realms in all States Kingdoms of the world let wise men consider and those fools too who make this Objection 5. Fifthly if there be no lawfull Authority in any State but from the Peoples immediate election then it will necessarily follow that Sir Thomas Fairfax is no lawfull General his Officers Councell of Warr no lawfull Officers or Councel yea Colonell and Lieutenant Colonell Lilburn no lawfull Colonel or Lieutenant-Colonel and ought not to use or retain these titles as they doe because none of them were called chosen to those places by the People or common Souldiers but made such by Commission from the Parliament General or Lords alone 6. Sixthly This paradox of theirs touching the peoples choice call to inable Peers to sit in Parliament or bear any office of Magistracy or Judicature is warranted by no law of God in old or new Testament both which contradict it by no Laws or Statutes of these Kingdoms Nations which absolutely disclaim it and enact the contrarie by no Original Law of Nature which as all Polititians and Divines assert and the Scripture manifests at first gave everie Father a Magistratical and Judicial rule power over his children progeny Family and made him a King Prince Lord over them without either their choice or call the Father and first-born of the family being both the King Prince Lord over it and Priest to it from the Creation till the Law was given as is generally acknowledged by all Divines as God himself is King over all the earth world as Creator and Father thereof 7ly It is very observable that God himself expresly denied to his own people Israel the free election of their Kings and Supreme Governors reserving the choice of them only to himself as his own Prerogative witness that notable text of