his life land or livelihood and many inward discords battels effusion of much Christian bloud and destruction of the Nobles bloud of this land ensued and were committed through all the Realm unto the great sorrow and heaviness of all true Englishmen And then he declared himself undoubted heir and inheritor of the Crown by descent grounded on the Laws of God and Nature and the antient Laws and laudable Customes of this Realm yet for further security superadded another Title of lawfull Election by the three Estates in Parliamen◠then he intayled the Crown upon the issue of his body begotten and declared his son Prince Edward to be his heir apparent to succeed him in the Crown and royal Dignity by Act of Parliament which he ratified with his own royal assent This done he reputed the Crown cock-sure to him and his heirs for all generations Yet notwithstanding all his Machiavilian Policies Power Vigilancy care industry to secure his usurped Royalty by the murther of two Kings and many others some of them most instrumental to advance him to the royal Throne before he had worn the Crown full 3. years Henry Earl of Derby laying Title it and landing in Wales only with 2000 soldiers King Richards own Souldiers Friends and others revolting from him and joyning with the Duke he was slain in Posworth field and lost both his life and Crown together if not his soul for all eternity and by the Statute of 1 H. 7. c. 6. he was declared an Usurper of the Realm So unable are Parliaments themselves to secure Crowns on Usurpers heads or to entayl them for any long continuance on their Posterities as these sad tragical domestick presidents of later times with sundry antienter demonstrate King Henry the seventh having gained actual possession of the Crown as right heir thereunto by the Lancastrian line and espoused the better title of York by marrying the heir female to secure himself and his adherents for the future if any wars should arise about these dubious litigious Titles by Perkin Warbecks or others claims confirmed by several Acts of Parliament and Successions of Kings of both Houses claiming both as next heirs of the antient royal Line not to secure any future Usurpers without just right or title though not of the old bloud Royal if once Kings de facto as Sir Edward Cooke seems to intimate and some ignorant Lawyers assert against the intent and Prologue of the Act it self caused it to be enacted 11 H. 7. c. 1. That from henceforth no person or persons whatsoever that attend upon THE KING and Soveraign Lord of this Land for the time being in his person and do him true and faithfull Service of allegeance in the same or be in other places by his commandment in the warrs within the Land or without shall for the said deed and true duty of allegiance be in no wise convict or attaint of High Treason or other offences for that cause by Act of Parliament or otherwise by any process of Law whereby he or any of them shall lose or forfeit life lands goods chattels or any other things but to be for that deed and service utterly discharged of any vexation trouble or loss And if any Act or Acts or any other process of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then that Act or Acts or other process of the Law whatsoever they shall be shall stand be utterly void The reason is rendred in the Prologue That it is not reasonable but against all Laws reason and good conscience that the said Subjects going with their Soveraign Lord in wars attending upon his person or being in other places by his commandment within this Land or without any thing should lose or forfeit for doing their true duty and service of Allegiance This Act which some conceive to be only personal and temporary for Henry the 7. alone could not secure the Heads Lives Liberties Lands Offices Goods or Chattels of those Lords Gentlemen and other English Subjects from Executions Imprisonments Banishments Forfeitures Sequestrations who accompanied assisted our late King in his warrs against the Parliament though King de facto and de jure too without any competitor Both Houses declaring them to BE TRAYTORS and sequestring proceeding against them as Traytor yea our Grandees since have executed them as such in their new erected High Courts How then it can totally indemnify any Perkin Warbecke Jack Cade or apparent Usurpers of the Crown without right or Title who shall per fas aut nefas get actual possession of the Royal throne and be Kings de facto or secure all those who faithfully adhere unto them though to dispossess the King de jure or his right heir of their just royalty and right against all Laws of God man all rules of justice and their very Oathes of Allegiance Supremacy Homage Fealty Protestations Leagues Covenants formerly made unto them from all sutes vexations losses forfeitures whatsoever and null all Act or Acts and legal Process made against them as many Grand Lawyers now conceive it doth transcends both my Law and reason too That opinion of Sir Edward Cooke 3. Instit f. 7. 9 E. 4. f. 1. b. whereon this erronious Gloss is grounded That a King regnant in possession of the Crown and kingdom though he be Rex de facto non de jure yet he is Seignior le Roy within the purview of the Statute of 25 E. 3. ch 2. of Treason and the other King that hath right and is out of possession IS NOT WITHIN THIS ACT. Nay if Treason be committed against a King de facto et non de jure and after the King de jure cometh to the Crown he shall punish the Treason done to the King de facto And a pardon granted by a King de jure that is not also de facto is voyd being no doubt a very dangerous and pernicious Error both in Law and policy perverting those Laws which were purposely made for the preservation of the Lives Crowns Rights Titles Persons of lawfull Kings against all attempts Treasons Rebellions against them and for the exemplary punishment of all Traytors Rebels Usurpers who should rebel wage warr or attempt any Treason Conspiracy against their royal Persons Crowns Dignities Titles into a meer Patronage of Traytors Rebels Usurpers and a Seminary of endless Treasons Assassinations Conspiracies against them by indemnifying exempting both them and their Confederates from all legal prosecutions penalties forfeitures whatsoever if they can but once gain actual possessiō of the Crown by any means upon the forcible expulsion deposition assassination or murder of the King de jure Which if once declared for Law I appeal to all Lawyers Polititians Statesmen whatsoever whether it would not presently involve our kingdoms in endless perpetual Rebellions Usurpations War Regicides as it did the Norwegians heretofore where by a kind of Law and Custom as our
Vice-Chamberlain before the King and Lords of divers offences against the King who taking the accusation to be good because of the Bishops order and that he was of the kingâ— linage pardoned the said Bishop all his misprisions done against his person and reconciled the Bishop and Sir Thomas one to another And n. 30 31. all the Lords Temporal whose names are there recorded being 25. in number by assent of the King declared and ADJUDGED Thomas Holland late Earl of Kent John Holland late Earl of Huntingdon John Mountague late Earl of Salisbury Thomas le Despencer Sir Ralph Lumley Knight and divers others who were for their Rebellions and Treasons in levying war against the King taken slain or beheaded by certain of the Kings Subjects to be Traytors and that they should forfeit all such Lands as they had in fee the 5. of January the first year of the King or at any time after with all their goods and chattels The Record is Toutz les Seigneurs temporelz esteantz en Parlement per ussent du Roy declarerent et adjuggerent les ditz Thomas c. pur Trayteurs pur la leve de Guerre encountre lour Seignior le Roy nient obstant qils furent mortz sur le dâ—t leve de guerre sanz process de ley Lo here the Lords alone by the Kings assent declare and adjudge what is Treason both in the case of Lords and Commoners too and â—taint and give Judgement against them both without the Commons after their deaths without legal trial In the Parliament of 5 H. 4. rot Parl. n. 11 12 13 14. On Friday the 18 of February the Earl of Northumberland came before the King Lords and Commons in Parliament and by his Petition to the King acknowledged that he had done against his Lawes and allegeance and especially for gathering power giving of Liveries for which he put himself upon the Kings grace and prayed pardon the rather for that upon the Kings Letters he yielded himself and came to the King at York whereas he might have kept himself away Which Petition by the Kings command was delivered to the Justices to be examined and to have their counsel and advice therein Whereupon the LORDS made a Protestation que le Juggement appentient a â—ux tout soulement THAT THE JUDGEMENT APPERTAINED ONLY TO THEM And after the said Petition being read and considered before the King and the said Lords as Peers of Parliament aus queux teils juggemeâ—t apperteignent de deoit to whom such Iudgements appertained of right having had by the Kings command competent deliberation thereupon and having also heard and considered as well the Statute made in the 25. year of King Edward the Kings Grand father that now is concerning the Declaration of Treason as the Statutes of Liveries made in this Kings reign ADJUDGED That that which was done by the said Earl contained within his Petition was neither Treason nor Felony but Trespas for which the said Earl ought to make fine and ransom at the will of the King Whereupon the said Earl most humbly thanked our Lord the King and the said Lords his Peers of Parliament for their rightfull judgement and the Commoners for their good affections and dâ—ligence used and shewen in this behalf And the said Earl further prayed the King that in assurance of these matters to remove all jealousies and evil suspitions that he might be sworn a new in the presence of the King and of the Lords and Commons in Parliament and the said Earl took an Oath upon the Crosier of the Archbishop of Canterbury to be a faithfull and loyal liege to our Lord the King the Prince his Son and to the heirs of his body inheritable to the Crown according to the Laws of England Whereupon the king out of his grace pardoned him his fine and ransom for the trespass aforesaid After which num 17. the Lords Spiritual and Temporal humbly thanked the King sitting in his royal Throne in the white Chamber for his grace and pardon to the said Earl of his fine and ransom and likewise the Commons thankâ— the Lords Spiritual and Temporal for the good and just Iudgement they had given as Peers of Parliament to the said Earl From this memorable Record I shall observe First that though this Declaration of this Earls case was made by his Petition in the presence of the King Lords and Commons in Parliament according to the Statute of 25 E. 3. yet the Lords only by Protestation in presence of the King and Commons claimed to be the sole Iudges of it as Peers of Parliament and belonging to them OF RIGHT Secondly That this claim of theirs in this case was acknowledged and submitted to both by the King and Commons and thereupon the Lords only after serious consideration of the case and Statutes whereon it depended gave the definitive sentence and judgement in this case that it was neither Treason nor Felony but Trespass only c. Thirdly That the Earl thanked the King only for his grace the Lords for their just Iudgement and the Commons only for their good hearts and diligence having no share in the judgement though given by the Lords both in the Kings and their presence and that the Commons themselves returned special thanks to the Lords Spiritual and Temporal in Parliament for their good and just judgement Fourthly That this judgement of the Lordr only was final and conclusive both to the King and Commons who acquiesced in it In the Parliament of 2 H. 5. rot Parl. num 13 14. Thomas Mountague Earl of Salisbury son and heir of John Mountague Earl of Salisbury exhibited his petition in Parliament to reverse a judgement given against his said father in the Parliament at Westminster in the second year of King Henry the fourth rot Parl. n. 30 31. forecited wherein amongst others he was attainted of Treason by judgement of all the Temporal Lords in Parliament and thereupon he exhibited certain reversals of Judgements given in Parliament as making on his behalf to the Lords consideration reversed for some errors assigned in those judgements to wit one judgement given against Thomas heretofore Earl of Lancaster before King Edward the second at Pomfract the Monday before the feast of the Annunciation in the fifteenth year of his reign and another Judgement against Roger de Mortymer late Earl of March in the Parliament of King Edward the third the Monday after the feast of St. Katherine in the fourth year of his reign at Westminster Which Judgements being distinctly and openly readâ— and fully understood It seemed to the King and Lords that the case of the death and execution of the said John late Earl of Sarum and of the judgement aforesaid against him given is not nor was like to the case of the executing of the said Th. heretofore Earl of Lancaster nor to the case of the putting to death of Roger Earl of March nor to any judgement given against
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.
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
Hereupon the Earls departing having provided an answer returned with one Albric de Vere an experienced Lawyer who aggravating the Bishops offences against the King and the â—ray of their Servants at Oxford in a modest manner without reproach alleged that they being accused by general reports in all mens mouths for intending to deliver up their Castles to Maud upon her arival the King had thereupon apprehended and imprisoned them not as Bishops but as his Servants and Officers and had not taken away their Castles by force but by the Bishops voluntary surrender ut calumniam de tumultu quem in Curia coneitaverant evaderent That the money found in them was only that the Bishops had collected for King Henry his Uncles use and belonged now to his own Eschequer and that the Bishops willingly parted with the mony and Castles to him for fear of the things they had committed against the King who wanted not Witnesses to prove it Therefore he desired the agreements between him and the Bishops might remain confirmed Bishop Roger on the contrary denyed he was ever the Kings Officer or received his moneys adding Si justitiam de rebus sibi ablatis in illo CONCILIO non inveniret eam in audientia majoris Curiae qâ—aerendam The Legat gently replyed Omnia quae dicuntur contra Episcopos prius in Concilio Ecclesiastico et accusari aâ— vera essent decuisset inquiri quam in indemnes contra Canonum Decreta sententiam proferri Rex itaque faciat quod in forensibus judiciis legitimum est fieri ut revestiat Episcopos de rebus suis Alioquin jure Gentium disseisati non placitabunt After much debate on both sides the cause was put off 3. dayes one after anoâ—her till the Archbishop of Rhoan came Is ubi venit dixit se concedere ut Castella Episcopi haberent si se jure habere debere per Canones probari possent quod quianon possent extremae improbitatis esse contra Canones niti velle Et esto inquit justum sit ut habeant Certe quia suspectum est tempus juxta morem aliarum gentium Optimates omnes claves munitionum suarum debent voluntati Regis contradere qui pro omnium pace debet militare Ita omnis controversia Episcoporum infirmabatur Aut enim secundum Canonum scita injustum est ut habeant Castella aut si hoc pro indulgentia principali toleratur ut tradant claves necessitati temporis debent cedere Albric the Kings Lawyer added that the King was informed the Bishops intended to send some of themselves to Rome against him But he adviseâ—h none of you to presume to doe it for if any of you shall presume to go any whither against his will and the dignity of the Realm of England it is provided that his return will be very difficult Hereupon the Council presently dissolved and so ita discessum est ut nec Rex censuram Canonum pà â—i vellet nec Episcopi eam consultum exercere ducerent duplici ex causa seu quia Principem excommunicare sine Apostolici conscientia temeraâ—ium esset seu quoniam audirent quidam etiam viderent gladios circa se nudari King Stephen in the â—eaâ— 1152. Convocato apud Londonium Generali Concilio cum Episcopis Proceribus et Nobilibus Angliae tum pro Regni negotiis cum etiam pro negotio vacantis Ecclesiae Eboracensis much fearing and suspecting the valour and power of Young Henry Duke of Normandy right heir of the Crown ne in primo gradu haereditas cassaretur fraude retenta proposuit animo filium suuÌ„ Eustachium regio diademate insignire de jure debito jurato Henricum praevenire penitus privare This design of his being propounded in this Great Council the Earls and Barons assented to it and thereupon as Matthew Westminster records Comites Barones Angliae fecerunt ligantiam fidelitatem Eustachio filio Regis Stephani Whereupon King Stephen requested Theobald Archbishop of Canterbury with the rest of the Bishops to crown and anoint Eustace King Which the Archbishop peremptorily refused the Pope having expresly prohibited him by his Letters ne filium Regis qui contra jusjurandum regnum usurpasse videbatur in regem sublimaret that he should not crown the Son of a King who had usurped the Crown and kingdom against his Oath to Henry the first Queen Maud and their heirs Hereupon King Stephen and his Son Eustace with their complices being highly incensed commanded all the Bishops with the said Archbishop to be shut up in one house where they were assembled desiring to extort that from them by terrors and threats which they could not gain by prayers or price Some of the Bishops struck with fear deserted the Archbishops advice and seemed to comply with the King but the Archbishop continuing firm and resolute in his purpose escaping out of the House by a miraculous accident took his barge and rowing down the Thames got beyond Sea and so escaped the threats of the King and Eustace and defeated him of his much desired honour Whereupon the King being more exasperated than before by the advice of the Council presently banished him the Realm seised his Temporalties and confiscated all his goods Who by way of revenge stirred up Duke Henry right heir to the Crown to invade the Realm the very next year to whom most of the Nobles and people mindfull of their former Oaths presently flocked deserting the perjured Usurper Stephen who against his Oath invaded the crown by the instigation also of Roger Bp. of Salisbury who though advanced by King Henry the 1. from a mean condition to the greatest place and power next to the King yet proved so treacherously ingratefull to his heir Queen Maud to whom he had sworn allegiance Uâ— Rege defuncto qui ei tantae in hoc seculo claritatis autor extiterat circâ— legitimos ejus haeredes insidus ut Sâ—ephanum Sacramento illo aequè astrictum allocaret non solum non est veritus iucurrere perjurium verum etiam aliis insigne pejerandi praestruxit exemplum And therefore was himself as ingratefully and perfidiously handled by King Stephen who imprisoned his person and his Nephew Alexanders Bishop of Lincoln very strictly seised all their magnificent Castles Wealth Treasures pined them with famine so that this perjured Bishop for loss of his Castles or Treasures fell distracted through grief and died mad de perspicuo Dei judicio vitam longo tempore splendidissimam infelicissimo fine concludens as Neubrigensis observes King Henry the second succeeding Stephen Ann. 1164. to suppress the usurpations of the Pope and Prelates on the Crown summoned all the Bishops Abbots Priors Eaâ—ls Barons and Nobles of the Realm to a Parliamentary Great Council aâ— Clarindon where they made a recognition of all the antient Customs and liberties of the Realm used in the reign of king Henry the first which they all took a solemn Oath inviolably to
Communi Iudicio Which he more amply relates in his History of England p. 69. to 77. Here we have judgement of banishment given against Gaverston by the Lords in Parliament 3. several times the 1. whiles a Commoner the two later whiles an Earl as an Enemy to the Realm and publike Traytor and a Sentence of death denounced against him in case he returned which was accordingly executed on him by the common Sentence of the Lords A Convincing proof of their Jurisdiction in criminal Causes both over Commoners and Peers His second banishment by the Lords was ratified by a Bill as the Spencers was to which the Commons gave their Assent as they did to two Acts in the Parliament of 7 Edward the 2. printed in Totles Magna Charta part 2. f. 43 44. Ne quis occasionetur pro reditu as also pro morte Petri de Gaverston made by the Grant and Assent of the King Archbishops Bushops Abbots Priors Earls and Barons ET TOUTE LA COMMVNALTIE de nostre Royalm By which Bill his Lands were all forfeited and giveâ— to the King as appears by Claus 1.2 E. 2. m. 5. where Hugh de Audeley the younger and Margaret his wife petitioned A nostre Seigneur la Roy son Counscil PRELATES COUNTS BARONS de la terre The Petition was for the Earldom of Cornwall after the death of Peter de Gaverston to whom it was given in general tayl Margaret being his daughter and heir because THE GREAT CHARTER wills that after the death of a Baron his heir shall have his heritage and mariage and the Statute of Westminster 2. wills That heirs in tayl shall not be prejudiced by the deed fine or feofment of their Ancestors and the GREAT CHARTER also wills That no man shall be outed of his freehold without the award and judgement of the Law of the Land Afterwards upon debate of this Petition pro eo quod recordatum fuit by the LORDS AND COMMONS that it had been AGREED BY THEM that all things given by the King to Gaverston and Margaret should be revoked per quod in hoc Parliamento modo per praefatos Praelatos Comiteâ— Barones et totain Communitatem Regni cousideratum est that the Earldom and all the rest of his Landâ— should remain in the King that all Charters of it should be repealed all enrolments cancelled quod est adjudicatum intretur ad Scaccarium et ad utrumque Câ—riâ—m there to be inrolled also And there is a writ directd to the Treasurer and Barons and Chief Justices of both Benches to inrol it in this Roll. This judgement being by way of Bill in pursuance of the former Bill for his attainder had the Commons assent thereto as well as the Lords though the Petiâ—ion here was directed only to the King and Lords for restitution not to the Commons who could not be Gaverstons proper Judges in Parliament being a Peer but only by way of Bill of Attainder In the 15 year of King Ed. 2. the two Sir Hugh Spencers Father and Son were articled against impeached and condemned of High Treason by the Lords in Parliament and exiled by their judgement without the Prelates or Commons who only consented to the Act for their banishment after the judgement given of which at large before to which I shall here annexe the Arricles of their impeachment being very memorable Alhonnour de Dieu de sainct esglise et de nostre seignour le roy et au profite de luy et de son royalmâ— a peace de quiete maintenir en son people et pur meinteynment de lestate de la Corone luy monstrent Praelates Counâ—z et Barons et les autres Pieres de la terre common du royalme contresir Hugh le Despenser le fitz et Sir Hugh le Despenser le Pier que come le dit sire Hugh le Despenser le fitz au Parlement Deverwike fuit nosme et assentu destre en lossice du Chamberlain nostre seignor le roy de servir en cel office come afferoit An quel parlement fuit auxi assentu que certeins Prelates et â—u res Grandes du roialme demorerent pres de roy par sâ—isons de lan pur meulx counseiler nostre seignor le roy sans queux nul grosse bosoigne ne se deveroit fair le dit sir Hugh le fitz attreit a luy syr Hugh son pier que ne fuit nient assentu ne accorde en parlement a demourer ensi pres de roy enter eux deux acroachant a eux royal power sur le roy fes ministers le guyment de son royalme a dishor our du roy emblemisement de sa corone et destruction du royalme des grandes et du people et sesoient les maluesiees desâ—us escriptes en compassant deâ—â—oigner le coer nostre seignour le roy des Piers de la terre pur avoir eux soule governance de la terre En primes que sir Hugh le Dispenser le fitz feusi coruce vers le roy et sur ceo coruce fist un bille sur la quel bille il voillet auoir en aliance de sir John Gyffarde de Brymmesfeld sir Richard de Greye et dautre davoir mesne le roy par aspertee de faire sa volunte issent que en luy ne temist mye que il ne â—e euâ—t fair â—a tenure de la bille sensuit sous escript Homage serement de ligeance est pluis par reson de la corone que per reason de person le roy pluis se lie a la corone que a la person ceo piere que avant que â—estate de la corone soit descendu nul ligeance est a la person regardant Dont si le roy par case ne se meisne par reasone en droit de la corone les leiges sont lies per sâ—rement fait a la corone de remeuer le roy et le state de la corone par reason auâ—rement ne serroit le serement tenus Ore fait a demander coment lem doit amesner le roy ou par suite de ley ou par aspertee par suite de ley ne luy poet home pas redresser â—ar il navera pas juge si ceo ne soit depart le roy En quel case si la volunte le roy ne soit accordant a reason si naveroit il forsque errour maintenue confirme Dont il covient pur le serement lauuer et quant le roy ne voet chose redresser oustre que est pur le common people malueis et damageous pur la corone a judger est que la chose soit ousle par aspertee que il est lie par â—on serement de governer son people ses lieges ses liege â—ont lies de govern en eide de luy en defaut de luy Et auxint par lour covin
malveistz mesneront male conseileront nostre seignour le roy si que a sa presence quel il doit de son devoir monstrer a les grandz et a son people a les graces droit que eux luy requeront responder ne luy filâ— point forsque a la volunte a la taille les ditz sir Hugh sir Hugh en oustance le roy dâ— son devoir contre son serement et les â—ueurs des grandes et du people de son seignour liege Auxint mesnes ceux par lour male conueigne ne suffrerent pas les grands du realme ne les bons counsellors le roy parler ne approcher le roy pur luy bien counseyler ne le roy parler a eux et a lour volunte et solone loâ— taille et chose que ils voillent in rebotaunâ—es les grandes et les bons counseilors le roy de lour bone volunte â—uers lour seignour liege et acroachaunt a eux royal power maistree soveraigntie sur la persone le roy a grand dishonour et peril du roy de la corone de son royalm Auxint mesmes ceux pur attainder a lour malvesiees covesties et disheritance des grandz de la terre et destruction du people ousleront bones et coveâ—ables ministers que â—urent mis par assent et ministrent au res faux malueys de lour covine que ne suffrent droit estre fait et viscountz escheitour conestables des chastelx et autres en les offices du roy nient covenables pur le roy ne pour le people fesont mettre Justices nient conusant en ley de la terre doier et terminer les choses tounchant les grandes et le people du royalme si come le dit sir Hugh le pere sir Raufe de Basset sir Rafe Camoys and sir John Juge et autres lour alies et jures especialment par covine de tielz ministres lour faux procurours fautours sauxement fesoient enditer par faux jurrours de lour alliaunce les Peres de la terre cest a scauoir le Count de Hereford mon sir Gyffard de Brumfelde et mon sir Robert de Mouchant et autres bons gentz pur couetise davoir lour terres issint eeo que denst estre a la maintenance de la peax des bons punishment des malueis mesneront a disheritance des grandes et destruction del people Auxint fauxement malueisement counseileront nostre seignor le roy daler oue chiualx et as armes vers les parties de Gloucester et luy sierent chiuaucher et les gent armes en cels parties a cour sur les bons gentz contre la forme de la grande chartre et lesgard des Piers de la terre issent par lour faux et malueis counsell voloient avoir mou guerre en la terre a destruction de saint esglise et de people pur lour querel propre Auxint lou le count de Herford et le seignor de wygmore par commandement de roy assign dalier de guerre sur Thlewelyn Bten que feust leue encounter le roy en Glamorgan an t come les terres furent en mayn de roy par la morte le count de Gloue le dit Thlewelyn se rendist a les ditz seignours a la volunte le roy en sa grace et ses seignours luy par mittrent bone grace et sur tiel condicion le recovererent et luy liverent a nostre seignour le roy Et nostre seignour le roy en tiel fourme luy receust et puis come les ditz seignours feurent hoâ—s de la terre les ditz Syr Hugh le fitz eâ— Sir Hugh le piere que avoient â—croche royal poâ—ar sicome de suis est pristent le dit Thlewelyn et luy mesnerent a Cardiff puis que Syr Hugh le fitz feust seisies illonques de sa pur partie et par lour coveigne en parnant jurisdiction lou nul est en cel case ne poient par reason avoir et luy firent illonques treiner et pender decoller et quartroner felonousement pur chose fair entemps le roy Henry Et ensi purparnant roial poyar et jurisdiction que appendant a la Corone en disheritance de la Corone et a deshonour nostre seignor le roy et des dites seigneure de Hertford et de Mortimer et en malveis exemple et graunde perill par case en temps a venir Et auxint male counseilant nostre seigneur le roy de prender en sa mayn les terres et les chateux Sir Hugh Dundle le fitz et le foriugerent de ses terres sans du proces solonques la lee de la terre pur covetise davoir acroche au dit Sir Hugh le Dispenser le fits certeins terres Et par autre faux compassements compassa davoir les terres mon Sir Roger Dammorie pour avoir atteynt par tielx et faux compaâ—sementz al entire del Counte de Gloucestre en disheritance des piers de la terre Auxint la ou nostre seigneur le roy par ses letters patentz desous son grande seale en plain Parlement a Westâ— grant a Counte de Warwike que si mort luy avenust que les executours puissent avoir ses tertes tanque al age son heir la quel grant puis la mort du dit Count le roy confirma a son parlement a Nicolne al request et par assent de piers de la terre le dit Sir Hugh le Despenser le pier par meintenance abbette et procurement le dit Sir Hugh son fitz fist nostre feigneur le roy repeller ce le fait sans encheson et baille au dit Sir Hugh le pier pur son propte profit la garde de mesmes celes terres et issint d fesantz par lour malveis counseil ceo que le roy lour avoit graunt en ses parlementes par son bon counseile et par assent des piers de la terre a deshonour du roy et encountre droit et raison Auxint mesmes ceux nount pas suffertz nostre seigneur le roy prender resonable fines des piers de la terre et autres que sont entre son fee come ad este use eins ces â—eurs Mes pur covetise dattendre a tielx terres par poiar roial a eux accroche ount sait metter en teiels bosoigne non dues empechementes surmettantes la terre estre forfair come de Mounsire John de Mombray pur les terres de Gower et des autres a damage et dishonour nostre seignour le roy et countre la loy de la terre en desheritance des grandes et des auters du Royalm ensi feisant le roy veer en parlement contre
spiritual Cour◠for a temporal cause belonging to the Crown and Common Law which was adjudged by the Lords upon examination to be untrue To passe by the accusation of Sir Philip Courtney of divers hainous matters oppressions dissensions before the King and Lords in the Parliament of 16 R. 2. n. 6.13 14. of which more anon In the Parliament of 17 R. 2. n. 20 21. John Duke of Lancastre Steward and Thomas Duke of Gloucester Constable of England complained to the King that Sir Thomas Talbot Knight with other his adherents conspired the deaths of the said Dukes in divers parts of Cheshire as the same was confessed and well known and prayed That the Parliament might judge of the fault Whereupon the King and the Lords in Parliament without the Commons adjudged the said fact to be open and High Treason And thereupon they awarded two Writs to the Sherifs of Yorks and of Derby to take the body of the said Sir Thomas retornable in the Kings Bench in the month of Easter next ensuing And open Proclamation was made in Westminster Hall That upon the Sherifs retorn and at the next coming in of the said Sir Thomas he should be convicted of Treason and incurr the loss and pain of the same and that all such who should receive him after the Proclamation should receive the like losse and pain In the Parliament of 20 R. 2. n. 15 16 23. Sir Thomas Haxey Clark was by the King Lords in Parl. adjudged to die as a Traytor and to forfeit all his Lands Goods Chattels Offices and Livings for exhibiting to the House of Commons a scandalous Bill against the King and his Court for moderating the outragious expences of his Court by Bishops and Ladies c. Upon the Bishops intercession the King spared his life and delivered him into the custody of the Archbishop to remain as his Prisoner In the Parliament of 21 R. 2. n. 19 20. Pl. Parl. n. 2. to 15. The Lords Appellants appealed Sir Tho Mortimer Knight of High Treason for raising war against the King accroaching royal power and purposing to surrender his homage and allegiance and depose the King Who flying into the parts of Ireland thereupon the Lords in Parliament assigned him a certain day to come and render himself to the Law or else to be adjudged and proceeded against as a Traytor and Proclamation thereof was made accordingly in England and Ireland to render himself within 3 months And that after that time all his Abettors and Aiders should be reputed for and forfeit as Traytors He not coming at the day The Duke of Lancaster Steward of England by assent of the Lords in Parliament adjudged him a Traytor and that he should forfeit all his Lands in fee and see tayl together with all his Goods and Chattels The like Judgement in like manner was in the same Parliament given against Sir John Cobham Knight for the like Treason Placit Coronaen 16. On the 22 day of March 22 R. 2. n. 27. The King by assent of the Lords adjudged Sir Robert Plesington Knight then dead a Traytor for levying war against him with the Duke of Glocester at Harrengary for which he should lose all his Lands in fee or fee tayl and all his goods And n. 28. Henry Bowht Clerk for being of Counsel with the Duke of Hereford in his device was adjudged by the King and Lords to die and forfeit as a Traytor after which his life was pardoned and he banished In the Parliament of 1 H. 4. n. 79. As the Commons acknowledged that the Iudgements in Parliament had always of right belonged to the King and Lords and not unto the Commons So therein the King and Lords alone without the Commons gave Judgement in sundry cases as Judges in Parliament 1. In Sir Thomas Haxey his case who in his own name presented a Petition in this Parliament a nostre tresedoute seigniour le ROY a LES SEIGNIORS DU PARLIAMENT shewing that in the last Parliament of 21 R. 2. that he delivered a Bill to the Commons of the said Parliament for the honour and profit of the said King and of all the Realm for which Bill at the will of the King he was by the King and Lords adjudged a Traytor and to forfeit all that he had praying that the record of the said Judgement with the dependants thereupon might be vacated and nulled by them in this present Parliament as erronious and that he might be restored to all his degrees farms estate goods chattels ferms pensions lands tenements rents offices advow sons and possessions whatsoever and their appurt and enjoy them to him and his heirs notwithstanding the said Iudgement or any grant made of them by the King The Commons House exhibited a Petition likewise on his behalf to the like effect adding that this judgement given against him for delivering this Bill to the Commons in Parliament was eneontre droit et la course quel avoit estre use devant in Parlement en anientesment des Customs de◠le◠Communes Upon which Petitions Nostre Seignior le ROY de Induis assent des touz les Seigniors esperituelz et temporelz ad ordinez et adjudges que le dit juggement renus vers le dit Thomas in Parlement soit de tout casses revorses repellez et adnullez et tenus pur nul force n'effect et que le dit Thomas soit restitut a ses nom et fame c. nient obstant mesme le juggement 2ly In the case of Judge Rickhill 1 H· 4. n. 92. On the 18 of November the Commons prayed the King that Sir William Rickhill late Just of the Common Bench arrested for a Confession he had taken of the Duke of Gloucester at Calice might be brought to answer for it devant les Seigniors du Parlement whereupon he was brought into Parliament before the Kings presence and all the Lords spiritual and temporal and Commons assembled in Parliament where Sir Walter Clapton Chief Justice of the Kings Bench by the kings command examined the said Sir William how and by what warrant he went to Calice to the said Duke of Glocester and upon what message Who answered that king Richard sent him a special Writ into Kent there recited verbatim commanding him by the faith and allegiance whereby he was obliged to him and under pain of forfeiting all he had to goe unto Caleys And that at Dover he received a Commission from the said king by the hand of the Earl Marshal to confer with the Duke of Glocester and to hear whatsoever he would say or declare unto him and to certifie the king thereof in proper person wherever he should be fully and distinctly under his Seal Whereupon he went thither and took the said Dukes Examination in writing according to the purport of the said Commission a Copy whereof the Duke himself received c Upon the hearing of his answer and defence
every temporal Lord being in full Parliament examined touching the answer of the said Sir William and the matters and evidences which they had examined said severally that the said William had done his message well and legally and that in the person of the said William there was no fault nor evil touching the said message nor any thing that he did to the person of the said Duke Whereupon Walter Clapton Chief Justice of the Kings Bench by command of the king adjudged and declared that the said William should be fully excused and acquitted for ever in time to come touching this matter 3ly The last day of this Parliament it was agreed by the King and Lords that all the remembrances called Raggemans or Blantâ—es Charters lately sealed in the City of London and divers Counties Cities and Burroughs of England should be sent to the City of London and from every County City and Burrough from whence they came and Writs sent to every of them rehearsing That the king held all the resiants and Inhabitants in them for his good and loyal Subjects and that no confession by them made comprised in the said remembrances are nor shall be in derogation of the estate of any such person and that the same remembrances shall be burnt and destroyed in the most open place of the said Counties Cities and Burroughs and if any thing remain of record in any Court or place the king wills that it shall be cancelled and totally adnulled revoked and repealed and held for no record and of no force nor value for time to come 4ly The 19th of November in the said Parliament Placita Coronae coram Domino Rege in Parliamento suo c. Anno regni Regis Henrici quarti post Conquestum primo n. 17. The Commons prayed she King that rhe pursute arrest and judgements made against Sir William le Scropâ— knight Henry Green knight and John Bassy knight might be affirmed and held good Whereupon Sir Richard Scroop humbly prayed the King that nothing which should be done in this Parliament might turn to his or his Childrens dis-inherison Of which Sir Richard it was demanded whether the said pursute arrest and judgements were good or not who answered that he feared not to say and must confesse that when they were made thâ—y were good and profitable for the King and Realm and that his Son was one of them for which he was very sorrowfull Whereupon the king rehearsed that he claimed the Realm and Crown of England with all their members and appurietenances as heir of the bloud by the right line of king Henry the 3d. and although through the right which God had sent him by the aid of his Parents and friends he recovered the said Realm which was at the point to be undone by default of government and defesance of the Laws and customs of the Realm yet it was not his will that any should think that by way of Conquest he would disinherit any man of his heritage franchise or other right which he ought to have nor out any man of that which he had or should have by the good Laws or Customs of the Realm except these who had been against the good purpose and common profit of the Realm of which only the King held the said Sir William Henry and John for such and guilty of all the evil which had come upon the Realm and therefore he would have and hold all the Lands and Tenements they had within the Realm of England or elsewhere by conquest Whereupon fuist demande de touts les Seigniors temporellez lour advys de les pursuite arreste juggem 〈◊〉 suiâ—diâ—z Les queux Seigniors touz de â—ne accorde disorent que mesmes les pursuite arreste juggement quinâ—que fuist fait come defuist dit uist bons et les affirmente Piur bons et profitables 5ly In the case of John Hall 1 H. 4. Placita Coronae n. 11 to 17. who being in custody of the Marshal of Englana was brought by him before the Lords in Parliament and there charged before them by Walter Clapton Lord Chief Justice by the King command with having a hand in the murther of the Duke of Glocester who was smothered to death with a Featherbed at Calues by king Richard the seconds command the whole transaction whereof he confessed at large and put in writing before James Billingford Clerk of the Crown which was read before the Lords upon reading thereof the King and all the temporal Lords in Parliament resolved that the said John Hall by his own confession deserved to have as hard a death as they could adjudge him to because the Duke of Glocester was so high a Person and thereupon toutes les Seigneiors temporelz per assent du Roy adjuggerent all the temporal Lords by assent of the King ADJVDGED that the said Jo. Hall should be drawn from Tower hill unto the Gallows at Tiburn and there bowelled and his bowels laid before him and after he should be hanged beheaded and quartered and his head sent to Calice where the murther was committed and his quarters sent to other places where the king should please and thereupon command was given to the Marshal of England to make execution accordingly and it was so done the same day Lo here the Lords in Parliament gave judgement against a Commoner in case of a murther done at Calice and so not â—riable in the Kings Bench but in Parliament and passe a Judgement of High Treason on him for murthering of a great Peer only In the Parliament of 2 H. 4. rot Parl. n. 23 24. The Commons shewed to the King that William Bagot had been impeached of many horrible deeds and misprisions the which if they had been true the Commons supposed the the King aad ths Lords would have had good notice thereof for that they had made many examinations thereof whiles the said William was in distress And therefore the said Commons prayed the King that the said Sir William being in Flanders and no offence found in his person upon the slanders in his impeachment aforesaid that he would be pleased to restore him to his lands To which prayer was answered in the Kings behalf that although the said Sir William upon the said impeachment made the last Parliament was put to his answer before the King and the Lords and there pleaded a general Charter of pardon against which Charter it seemed to all the Lords then present that the said Sir William ought not to be impeached nor put to answer by the King on his part for that the said Sir William was not attainted of any impeachment suggested against him and that the King had done him justice in this behalf therefore he would in the same manner doe him justice in the residue at the Commons request A most full proof of the Kings and Lords judicial power in Parliaments even in case of a Commoner The same Parliament 2. H. 4. num 29. William
was again resolved in another Parliamentary Assembly held that year by King Henry the first the Bishops Abbots Great men and Nobles of the Realme as you read before p. 173. Anno 1109. there sprung up another â—ot contest between Arch-Bishop Anselme and Thomas Elect of York about the oath of subjection and canonical obedience which was again debated and after Anselmes death again debated and finally setled in another Parliamentary Council by the King Bishops Nobles and Barons of the Realme of which at large before p. 174 175 176 177. The same Debate coming again between Ralph Arch-Bishop of Canterbury and Thurstan of York after his returne from Exile Anno 1121. was again concluded omnium Concilio Episcoporum Principum Procerum Regni p. 180. After many years intestine bloody wars between the perjured Usurper King Stephen Mawde and Duke Henry her Son for the Crown of England Anno 1153. apud Walingford in conventu Episcoporum et aliorum Regni Optimatum there was a final accord made between Stephen and Henry touching the inheritance and descent of the Crown that Stephen should adopt and constitute Henry for his son heir and successor to the Crown of England immediately after his death which Stephen should enjoy during his life yet so as that Henry should bee chief Justice and Ruler of the Kingdome under him This accord made between them by the Prelates Earles and Barons of the Realme was ratified by King Stephens Charter and subscribed by all the Bishops Earles and Barons in their Parliamentary Council at Walingford The difference and suit between King Henry the 2d and Roderic King of Conact in Ireland touching his Kingship Royalties Dominions Services Homage Loyalty and Tribute to King Henry were heard decided and a final agreement made between them in a great Parliamentary COUNCIL held at Windeshores Anno 1175. wherein King Henry the 2d and his Son with the Arch-bishops Bishops Earles and Barons of England without any Commons were present who made and subscribed this agreement recorded at large in Houeden where you may peruse it King Henry the 2d Anno 1177. Celebrato generali CONCILIO apud Northampton after the feast of St. Hilary by the advice of his Nobles restored to Robert Earl of Leicester all his Lands on this side and beyond the Sea as hee had them fifteen daies before the Warre except the Castles of Mounsorel and Pasci Hee likewise therein restored to Hugh Earle of Chester all the lands which hee had fifteen daies before the warre and gave to William de Abbine Son of William Earle of Arundel in the County of Southsex And in the same Council Deane Guido resigned into the hand of Richard Arch-Bishop of Canterbury the deanery of Walteham and all his right which hee had in the Church of Walteham quietum clamavit simpliciter absolute similiter fecerunt canonici seculares de Walteham de praebendis suis resignantes eas in manis Archiepiscopi sed Dominus Rex dedit eis inde plenariam recompensationem ad Domini Cantuariensis Archiepiscopi aestimationem Deinde Dominus Rex authoritate Papae Domini instituit in eadem Ecclesia de Walteham canonicos regulares de diversis domibus Angliae sumptos constituit Walterum de Garent canonicum sumptum de Ecclesia de Osencie Abbatem primum super congregationem illam magnis redditibus domibus pulcherrimis dotavit illos And then hee expelled the Nunnes out of the Monastery of Ambresbury for their incontinency and distributed them into other Nunneries there to bee kept more strictly under restraint and gave the Abby of Ambresbury to the Abbesse and house of Frum Everoit to hold it for ever Sanctius King of Navar and Alfonso King of Castile in the year 1177. submitted the differences between them concerning certain Lands Territories Towns and Castles to the determination of King Henry the 2d who thereupon summoned a Parliamentary Council of his Bishops Earles Nobles and Barons to hear and decide it by their advice Wherein the case being propounded debated and opened before them by the Ambassadours and Advocates of both Kings appeared to be this That King Sanctius during the minority of King Alphonsus an Orphant his Nephew Pupil and innocent from any crime unjustly and forcedly took from him without any demand hearing or Title divers Territories Towns and Lands there specified which his Ancestors had enjoyed and of right descended to him which hee forcibly detained Whereof hee demanded restitution and dammages On the other side Sanctius complained that Alphonsus the Emperour Father of this Alphonsus had by force of armes unjustly dispossessed his Grandfather of the Kingdome of Navarre after whose death Garsias his Nephew and next heir by the help of his friends and subjects recovered the greatest part thereof from the Emperour but not all Who dying leaving his Son Alphonso an infant with whom Sanctius made a league for ten years Alphonso during the League took by force of armes divers Castles Towns and Lands from Sanctius being his inheritance who thereupon demanded restitution both of the Castles Towns Lands and Territories taken from his Grandfather by Alphonsus his Father and from himself by Alphonsus together with the maine profit of the latter quia sine ordine judiciario ejectus est King Henry having fully heard their cases by the Advice and Assent of his Bishops Earles and Barons adjudged that both these Kings should make mutual restitution of what had been forcibly taken from either party together with the mean profits and dammages for part of them by an award and judgement under his Great Seal subscribed by all his Bishops Earles and Barons which recites super quaerelis vero praetaxatis de castellis terris cum omnibus terris pertinentis suis hinc inde violenter et injuste ablatis cum nichil contra Violentiam utrinque objectam à parte alterutra alteri responderetur nec quicquam quo minus restitutiones quas petebant faciendas essent alligaretur Plenariam utrinque parti supradictorum quae in jure petita erant fieri restitutionem adjudicabimus A clear Parliamentary resolution and judgement in point That Territories Lands Towns Castles injuriously taken by one King from another by force of armes and warre without just Title to them ought in Law and Justice to bee restored to the right heirs and owners of them and that Conquest and the longest Sword are no good Titles in Law or conscience against the right heir or inheriter which I desire those Sword-men and Lawyers who now pretend us a conquered Nation determine Conquest or the longest Sword a just Title to the Crowns Lands Revenues Offices Inheritances Houses Estates of other men now sadly to consider together with the sacred Texts Hab. 7. Micha 2.1 2 3 4 5. Job 20.10 18 19 20. Obad. 10. to 17. Ezek. ch 19. 35. Isa 33.1 1 King 21.1 to 25. Matth. 21.33 to 41. Luk. 20.14 to 17. ch 19.8
the Prior of Coventry the King granteth by Assent of the Bishops and Lords that no man do break the head of their Conduit nor cast any filth into their water called Sherbouâ—n on pain of ten pound and treble dammages to the Prior. In the Parliament of 9. H. 5. n. 12. Upon long debates of the Lords and Iustices it was resolved by them that the Abbot of Ramsy should have no prohibition against Walter Cook parson of Somersham who sued for Tithes of a Meadow called Crowland Mead in the hands of the Abbots Tenants In the great case of Precedency between the Earl Marshall and Earle of Warwick in the Parliament of 3. H. 6. n. 10 11. c. The Lords being to bee Iudges of the same suspended both of them from sitting in the house till their case was fully heard and they all voluntarily swore on the Gospel that they would uprightly judge the case leaving all affection In the Parliament of 11. H. 6. n. 32 33 34 35. Upon a Petition the King and Lords in Parliament adjudged the Dignity Seigniory Earledome of Arundel and the Castle and Lands thereunto belonging to John Earle of Arundel who proved his Title thereto by a deed of Entayle against the Title of John Duke of Norfolck who layed claim thereunto And in the Parliament of 39 H. 6. n. 10. to 33. The claime of the Duke of York and his Title to the Crown of England against the Title of King Henry the 6 th was exhibited to the Lords in full Parliament the Lords upon consultation willed it to be read amongst them but not to bee answered without the King The Lords upon long consultation declared this Title to the King who willed them to call his Justices Sergeants and Attorney to answer the same Who being called accordingly utterly refused to answer the same Order thereupon was taken That every Lord might therein freely utter his conceit without any impeachment to him In the end there were five objections made against the Dukes Title who put in an answer to every of them which done the Lords upon debate made this order and agreement between the King and Duke That the King should injoy the Crown of England during his life and the Duke and his heirs to succeed after him That the Duke and his two sons should bee sworne by no means to shorten the dayes or impaire the preheminence of the King during his life That the said Duke from thenceforth shall be reputed and stiled to bee the very Heir apparent to the Crown and shall injoy the same after the death or resignation of the said King That the said Duke shall have hereditaments allotted to him and his sons of the annual value of ten thousand marks That the compassing of the death of the said Duke shall bee Treason That all the Bishops and Lords in full Parliament shall swear to the Duke and to his heirs in forme aforesaid That the said Duke and his two sons shall swear to defend the Lords for this agreement The King by Assent of the Lords without the Commons agreeth to all the Ordinances and accords aforesaid and by the Assent of the Lords utterly repealeth the statute of intayle of the Crown made in 1. H. 4. so alwaies as hereafter there be no better Title proved for the defeating of their Title and this agreement by the King After all which the said Duke and the two Earles his sonnes came into the Parliament Chamber before the King and LORDS and sware to performe the award aforesaid with protestation if the King for his part duly observed the same the which the King promised to do All which was inrolled in the Parliament Rolls Lo here the Lords alone without the Commons judge and make an award between King Henry the 6th and the Duke of York in the highest point of right and title that could come in question before them even the right and title to the Crown of England then controverted and decided the King and Duke both submitting and assenting to their award and promising swearing mutually to perform it which award when made was confirmed by an Act passed that Parliament to which the Commons assented as they did to other Acts and Bills And here I cannot but take special notice of Gods admirable Providence and retaliating Justice in the translation of the Crown of England from one head family of the royal blood to another by blood force war treason and countenance of the Authority of the temporal and spiritual LORDS and COMMONS in Parliament in the two most signal presidents of King Edward and King Richard the 2 d. which some insist on to prove the Commons Copartnership with the Lords in the power of Judicature in our Parliaments the Histories of whose Resignations of their Regal Authority and subsequent depositions by Parliament I shall truly relate Anno 1326. the 19. of Ed. 2d Queen Isabel returning with her Son Prince Edward and some armed forces from beyond the Seas into England most of the Earles and Barons out of hatred to the Spencers and Kingâ— repaired to them and made up a very great army The King thereupon proclaimed that every man should resist oppose kill them except the Queen Prince and Earle of Kent which they should take prisoners if they could and neither hold any correspondency with them nor administer victuals nor any other assistance to them under pain of forfeiting their bodies estates But they prevailing and the King being deserted by most hee fled into Wales for shelter Whereupon Proclamation was made in the Queens army every day that the King should return and receive his Kingdome again if hee would conforme himself to his Leiges Quo non comparente Magnasâ—es Regni Hereâ—ordiae Concilium injeâ—unt in quo filius Regis Edwardus factus est Cusâ—os Angliae communi Decreto cui cuncti tanquam Regni custodi fidelitatem fecerunt per fidei sacramentum Deinde Episcopum Norwicensem fecerunt Cancellarium Episcopum vero Wintoniensem regni Thesaururium statuerunt Soon after the King himself with most of his evil Counsellors were taken prisoners being betrayed by the Welch in whom they most confided Hagh Spencer Simon Reding Baldoik and others of the Kings party being executed at Hereford Anno 1327. the King came to London about the feast of Epiphany where they were received with great joy and presents Then they held a Parliament wherein they all agreed the King was unworthy of the Crown and fit to be deposed for which end there were certain Articles drawn up against him which Adam de Orleton Bishop of Winchester thus relates in his Apology i Ea autem quae de Consilio et assensu omnium Praelatorum Comitum et Baronum et totius Communitatis dicti Regni concordata ordinata fuerunt contra dictum regem ad amotionem suam a regimine regni contenta sunt in instrumentis publicis Reverendo patre domino J. Dei
Picardy ready to be transported into England But when it was certainly certified that King Richard was dead and that their enterprise of his deliverance was frustrate and void the Army scattered and departed asunder But when the certainty of King Richards death was declared to the Aquitaynes and Gascons the most part of the wisest men of the Country fell into a bodily fear and into a deadly dread for some lamenting the instability of the English people judged them to be spotted with perpetual infamy and brought to dishonour and loss of their antient fame and glory for committing so hainous a crime and detestable an offence against their King and Soveraign Lord. The memory whereof they thought would never be buried or extincted Others feared the loste of their goods and liberties because they imagined that by this civil dissension and intestine division the Realm of England should so be vexed and troubled that their Country if the Frenchmen should invade it should be destitute and left void of all aid and succour of the English Nation But the Citizens of Burdeaux took this matter very sore at stomach because King Richard was born and brought up in their City lamenting and crying out that since â—he beginning of the world there was never a more detestable or more villanous or hainous act committed which being sad with sorrow and inflamed with melancholy said that untrue unnatural and unmercifull people had betrayed and slain contrary to all Law and Justice and honesty a good man a just Prince and lawfull Governour beseeching God devoutly on their knees to be the revenger and punisher of that detestable offence and notorious crime 15ly The proceedings against King Richard the 2. in the Parliament of 1 H. 4. were in the Parliament of 1 E. 4. n. 9 10 11 12. condemned as illegal the Tyrannous usurpation of Henry the 4th with his hainous murdering of King Richard the 2. at large set forth his reign declared by Act of Parliament to be an intrusion and meer usurpation for which he and the heirs of his body are utterly dis inabled as unworthy to enjoy any inheritance estate or profits within the Realm of England or Dominions of the same for ever and that by this memorable Petition of the Commons wherein the pedigree of King Edward the 4th and his title to the Crown are likewise fully set forth a Record most worthy the publike view being never yet printed to my knowledge Ex Rotulo Parliamenti tenti apud Westm anno primo Edwardi Quarti n. 8. Memorandum quod quaedam Petitio exhibita fuit praefato Domino Regi in praesenti Parliamento per praefatos Communes sub eo qui sequitur tenore verborum For as much as it is notary openly and evidently known that the right noble and worthy Prince Henry King of England the third had issue Edward his furst gotten Son born at Westminster in the 15 kalende of Juyll in the vigille of Seint Marce and Marcellian the year of our Lord M. C.C.XLV the which Edw. after the death of the said King Henry his Fader entituled and called King Edward the furst had issue his furst gotten Son entituled and called after the decease of the same Edward the furst his Fader King Edward the second which had issue the right noble and honourable Prince King Edward the third true and undoubted King of Englond and of France and Lord of Irelond which Edward the third had issue Edward his furst gotten Son Prince of Wales William Hatfield secund gotten Son Leonel third gotten Son Duke of Clarence John of Gaunt fourth gotten son Duke of Lancaster Edmund Langley the fifth gotten son Duke of York Thomas Wodestoks the sixth gotten son Duke of Gloucester and William Wyndesore the seventh gotten Son And the said Edward Prince of Wales which died in the life of the said King Edward the thurd his Fader had issue Richard which after the death of the same King Edward the third as Cousin and heir to him that is to say Son to the said Edward Prince of Wales Son unto the said King Edward the third succeeded him in royal estate and dignity lawfully entituled and called King Richard the secund and died without issue William Hatfield the secund gotten Son of the said King Edward the third died without issue the said Leonel Duke of Clarence the third gotten Son of the same King Edward had issue Phelip his only daughter and died And the same Phelip wedded unto Edmund Mortimer Earl of Marche had issue by the same Edmund Roger Mortymer Earl of Marche her Son and heir which Edmund and Phelip died the same Roger Earl of March had issue Edmund Mortymer Earl of March Roger Mortymer Anne and Alianore and died And also the same Edmund and Roger sons of the foresaid Roger and the said Alianore died without Issue And the same Anne wedded unto Richard Earl of Cambridge the Son of the said Edmund Langley the fifth gotten son of the said king Edward the third as it is afore specified had issue that right noble and famous Prince of full worthy memory Richard Plantagenet Duke of York And the said Richard Earl of Cambridge and Anne his Wife died And the same Rich. Du. of York had issue the right high and mighty Prince Edward our Liege and Soveraign Lord and died to whom as Cousin and heir to the said King Richard the Crown of the Realm of England and the royal power estate dignity preheminence and governance of the same Realm and the Lordship of Ireland lawfully and of right appertaineth of the which Crown Royal power estate dignity preheminence governance and Lordship the said King Richard the second was lawfully rightfully and justly seised and possessed and the same joyed in rest and quiet without interruption or molestation unto the time that Henry late Earl of Derby son of the said Iohn of Gaunt the fourth gotten son of the said King Edward the third and younger Brother of the said Leonel temerously agenst rightwisnes and Iustice by force and Arms agenst his faith and liegeaunce rered werre at Flynte in Wales agenst the said King Richard him took and enprisoned in the Tower of London of grete violence And the same King Richard so being in prison and living usurped and intruded upon the royal power estate dignity preheminence possessions and Lordships aforesaid taking upon him usurpously the Crown and name of K. and L. of the same Realm and Lordship And not therewith satisfied or content but more grievous thing attempting wickedly of unnatural unmanly and cruel tyranny the same King Richard King anointed crowned and consecrate and his Liege and most high Lord in the Earth agenst Gods Law Mans liegeance and Oth of fidelite with uttermost punicion attormenting murdred and destroyed with most vile hainous and lamentable death whereof the heavy exclamation in the doom of every Christian man soundeth into Gods hearing in Heaven not forgotten in the Earth specially in this
Realm of Englond which therefore hath suffered the charge of intollerable persecution punicion and tribulation whereof the like hath not been seen or heard in any other Christian Realm by any memory or Record Then being on Live the said Edmund Mortymer Earl of March son and heir of the said Roger son and heir of the said Philip daughter and heir of the said Leonel the third Son of the said King Edward the third To the which Edmund after the decease of the said King Richard the right and title of the same Crown and Lordship then by law custom and conscience descended and belonged and of right belongeth at this time unto our said Liege and Soveraign Lord King Edward the fourth as Cousin and heir to the said King Richard in manner and form abovesaid Our said Soveraign and Liege Lord King Edward the fourth according to his right and title of the said Crown and Lordship after the decease of the said right noble and famous Prince Richard Duke of York his fader in the name of Jesu to his pleasure and loving the fourth day of the Month of March last past took upon him to use his right and title to the said Realm of Englond and Lordship and entred into the exercise of the royal estate dignity preheminence and power of the same Crown and to the reign and governance of the said Realm of Englond and Lordship And the same fourth day of March amoved Henry late called King Henry the sixth son to Henry son to the said Hen. late E. of Derby son to the said John of Gaunt from the occupation usurpation intrusion reign and governance of the same Realm of Englond and Lordship to the universal comfort and consolation of all his Subgetts and Liegemen plentevously joyed to be amoeved and departed from the obeysance and governance of the unrightwise usurpour in whose time not plenty Pees Justice good governance pollicy and vertuouse conversatien but unrest inwaâ—d warr and trouble unright wiseness shedding and effusion â—f innocent bloud abuse of the Laws partiality riot extortion murder rape and vitious living have been the guiders and leaders of the noble Realm of Englond in antient time among all Christian realms laudably reputed of great honour worship and nobly drad of all outward Lands then being the lauâ—ier of honour prowess and worthiness of all other Realms in the time of the said usurpation fallen from that renown unto misery wretchedness desolation shamefull and sorrowfull decline And to live under the obeysance governance and tuition of their true right wise and natural Leige and Soveraign Lord. The Commons being in this present Parliament having sufficient and evident knowledge of the said unrightwise usurpation and intrusion by the said Henry late Earl of Derby upon the said Crown of Englond knowing also certainly without doubt or ambiguity the right and title of our said Soveraign Lord thereunto true and that by Gods Law Mans Law and the Law of Nature he and none other is and ought to be their true right wise and natural Liege and Soveraign Lord. And that he was in right from the death of the said Noble and famous Prince his Fader very just King of the said Realm of Englond And the said 4. day of March in lawfull possession of the same Realm with the royal power preheminence estate and dignity belonging to the Crown thereof and of the said Lordship take accept and repute and will for ever take accept and repute the said Edward the fourth their Soveraign and liege Lord and him and his heirs to be Kings of Englond and none other according to his said right and title And beseech the same their said Liege and Soveraign Lord King Edward the fourth that by the advice and assent of the Lords Spiritual and Temporal being in this present Parlement and by authority of the same his right and title to the said Crown afore specified be declared taken accepted and reputed true and rightwise the same right and title to abide and remain of Record perpetually by the said advice assent and authority And that it be declared and judged by the said advice assent and authority that the said Henry late Earl of Derby for the said rearing of warr against the said King Richard then his Soveraign Lord and the violent taking imprisoning unrightwise usurpation intrusion and horrible cruel murder of him agenst his faith and ligeance wickedly and unjustly offended and hurted the Royal Majesty of his said Soveraign Lord. And that the same Henry unrightwisely agenst Law conscience and custom of the said Realm of Englond usurped upon the said Crown and Lordship And that he and also Henry late called King Henry the fifth his son and the said Henry late called King Henry the sixth the son of the said Henry late called King Henry the fifth occupied the said Realm of Englond and Lordship of Irelond and exercise the governance thereof by unrightwise intrusion and usurpation and in none other wise And that the taking of possession and entry into the exercise of the Royal Estate dignity reign and governance of the said Realm of Englond and Lordship of Irelond of our said Soveraign Liege Lord King Edward the fourth the said fourth day of March and the amotion of the said Henry late called King Henry the sixth from the exercise occupation usurpation intrusion reign and governance of the same Realm and Lordship done by our said Soveraign and Liege Lord King Edward the fourth the said fourth day of March was and is rightwise lawfull and according to the Laws and customs of the said Realm and so ought to be taken holden reputed and accepted And over that that our said Soveraign and Liege Lord King Edward the fourth the said fourth day of March was lawfully seised and possessed of the said Crown of Englond in his said right and title and from thenceforth have to him and his heirs Kings of Englond all such Manors Castles Lordships honours lands tenements rents services fees feefarms rents Knights fees advowsons gifts of Offices to give at his pleasure fairs markets issues fines and amerciaments liberties franchises prerogatives escheats customs reversions remainders and all other hereditaments with her appurtenance whatsoever they be in Englond Wales and Irelond and in Caleys and the Marches thereof as the said King Richard had in the feast of Sr. Matthew the Apostle the 23. year of his reign in the right and title of the said Crown of Englond and Lordship of Irelond and should after his decease have descended to the said Edmund Mortimer Earl of March son of the said Roger Mortimer Earl of March as to the next heir of bloud of the same King Richard after his death if the said usurpation had not been committed or after the decease of the same Edmund to his next heir of blood by the Law and custom of the said Realm of Englond the Manors Castles Honors Lordships lands tenements
advis and assent of the Lords Spiritual and Temporal and Commyns in the seid Parliament assembled and by authorite of the same declared approved ratified confirmed and accepted the seid title just good lawfull and true and thereunto gave his assent and agrreement of his free will and liberty And over that by the seid advis and auctorite declared affirmed and reputed the seid Richard Duke of York very true and rightfull heir to the Crowns Royal estate and dignite of the Realms of Englond France and Lordship of Irelond aforeseid And that according to the worship and reverence thereto belonging he should be taken accepted and repuâ—ed in worship and reverence by all the Estates and persons of the seid Realm of Englond The seid Usurper late called King Henry the sixth saving and reserving to himself the seid Crowns Realms royal estate dignite and preheminence of the same and the seid Lordship of Ireland during his life natural And further more by the same advice and authotiâ—e would consented and agreed that after his decease or when it should please him to lay from him the seid Crowns estate dignity and Lordship or thereof ceâ—â—ede the seid Richard Duke of York and his heirs should immediately succeed him in the seid Crowns Royal Estate dignity and Lordship and them then have and enjoy any Act of Parliament Statute Ordinance or any thing to the contrary made or interruption or discontinuance of possession notwithstanding And if any person or persons from thenceforâ—h imagined or compaced the death of the seid Richard Duke of York it be deemed and judged high Treason in manner and form as it is specified in the seid Act And that the seid Noble Prince Richard Duke of York by way and consideration of recompence for his abstaining for a time of the exercise of the seid royal power of the benigne and noble disposition that he bare to the said Common wele and to the rest and tronquillity of the seid Realm should have Castles Mannors lands and tenements to the value of 10 Mil. Marc. whereof the Earldom and City of Chester was parcel assigned to the said Duke by special Act made in the seid Parliament the which Earldom and City the seid Duke gave among other unto our seid Soveraign Lord then being Earl of March as parcel of Manors Lordships lands and tenements of the yearly value of 3 Mil. Marc. which by vertue of the seid convention and concord and the Act thereof made was given unto him for the sustentation of his estate abiding and persevering like a true Christian and honourable Prince in full purpose to keep and observe the seid Convention and concord for his party trusting verily that the seid Usurper Henry late called King Henry the sixth would have truly faithfully justly keped and observed for his party the same convention and concord inviolable as by Law reason Princely honour and duty he was bounden to doe and not have departed and varied from such convention made of so high and so great authority as it was made whereunto neither our seid Soveraign Lord ne the seid noble Prince assented but without prejudice of the seid right and ritle as it is plainly specified in the sâ—id Act made upon the seid convencion and Concord and under protestation and condition that the seid Usurpour shuld kepe and perform without fraude or male ingyne all things therein contained for his seid party declared openly by their mouths in the presens and heryng of the said Lords in the seid Parliament and therein enacted of Record at the grete instaunce and prayer of the same Usurpour late called King Henry the sixth And at the solempne request of all the seid Lords for the tender and special zele love and affection that he bare to the rest of the seid Realm and to the Commyn wele and policy thereof toke his viage of good blessed and vertuous intent and disposition toward the North parties of the said Realm to repress and subdue certain riots rebellions insurrections and commotions there begun And the premises notwithstanding the seid Henry Usurpour late called King Henry the sixth continuing in his old rancour malice using the fraud and malicious disceit and dissimulation agenst trouth and conscience that accord not with the honour of eny cristen Prince to th entent that the said Agrement concord and Act shuld take no due effect And into the frustacion of the same in the matiers and things above reherced that is to say that neither the seid Richard Duke shuld have ne enjoy the same Castells Manoirs lands and tenements name title reverence and worship above reherced neither he ne his sons and heirs succeed in the seid Corones Royal estate dignity lordship after the tenure fourm and effect of the said agreement concord and Act with all subtil imaginacions and disceitful ways and means to him possible intended and covertely laboured excited and procured the final destruction murdre and death of the said Richard Duke and of his Sons that is to sey of our seid new Soveraign Lord King Edward the fourth then Earl of March and of the noble Lord Edmund Earl of Ruthlande And for the execution of his dampnable and malicious purpose by writing and other messages moeved excited and stirred thereunto the Dukes of Excester and Somerset and other Lords being then in the North parties of this Realm whereupon at Wakefeld in the Shire of York the seid Duke of Somerset falsely and traiterously the same Noble Prince Duke of York on Teiusday the 30 day of Decemb. last passed horribly cruelly traiterously murdered And also the worthy and good Lords Edmund Earl of Ruthland Brother of our seid Soveraign Lord and Richard Earl of Salesbury And not therwith content of their insatiable malice after that they were dede made them to beheaded with abhomynable cruelte and horrible despite agenst all humanite and nature of Nobles And after that the same Henry Usurpour gretely and wonderfuly joying the seid dolorous and piteous murder of the same noble Prince and worthy Lords to the Realm an heavy and a lamentable sorrow and lost forthwith and oftentimes after openly declared to divers Lords of the same Realm That he would not in any wise kepe the seid Convencioun and accord ne the act thereof made and to the infraccion and violatiation of the said convention and concord not only sent Letters made under his prive Seal unto certain Knights and Squiers commaunding and charging them by the same to spoil and disseise our seid Soveraign Lord by the name of Earl of March of his possession of the seid Earldom and Citee of Chester whereof he was lawfully possessed and seased by vertue and reason of the seid Convencion and Concord but also of extreme violence utter and final breche of his party of the seid convencions and concord sent out writs under his Seal to the Mayer Aldermen and Commonalte of the Citee of London bering date the 22 day of Feverere last past and other like
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
Gulielmus Nubrigensis relates Qâ—cunque Rege tyrannice occiderat eo ipso personam et potestatem Regiam induens suo quoque occisori tandem post modicum fortunam inveteratae consuetudinis lege relicturus Quippe ut dicitur à centum retrò annis et eo amplius cum Regum ibidem numerosa successio fuerit Nullus eorum senio aut morbo vitam finivit fed omnes ferro interiere suis interfectoribus tanquam legitimis successoribus regni fastigium relinquentes ut scilicet omnes qui tanto tempore ibidem imperasse noscuntur illud quod Scriptum est respicere videatur OCCIDISTI INSUPER ET POS SEDISTI Wherefore to prevent the dangerous Consequences of these false Glosses on the Statutes of 25 E. 3. c. 2. 11 H. 7. c. 1. I shall lay down these infallible grounds 1. That all publike Laws are and ought to be founded in Justice righteousnes and common honesty for the preserving securing the lives persons estates of all men especially of lawful Kings and Supreme Magistrates from all violence invasion force disseisins usurpations conspiracies assassinations being against all rules of Law and Justice Exod. 20.12 to 18. c. 21 22. 23. Mat. 5.17 to 48. c. 7. 12. Deut. 4.18 Psal 19.8.9 Ps 119.7.106 137 138·160 167. Rom. 7.12 Deut. 6.25 Ps 33.5 Ps 45.7 Ps 72.2 Ps 74.15 Prov. 8.18 Prov. 24.21 Rom. 13.1 to 7. Lu. 20.25 Tit. 3.1 2 3. 1 Tim 1.9 10. Job 20.19 c. 24.2 Mich. 2.1 2 3 4. Jer. 6.7 c. 20.8 c. 22.3.17 Ezech. 45. c. Hab. 1 2. to 10. Lu. 3.14 Whence Cicero thus defines Law Lex est ratio summa insita in natura quae jubet ea justa quae facienda sunt prohibe que contraria Therefore these 2. Statutes were purposely made for those great ends and ought to be interpreted onely for the best advantage of Lawfull Kings and their adherents not for the indemnity impunity encouragement of Traytors Rebels Intruders Usurpers 2ly What Tully writes of the Roman Senators we ought to doe the same of our English Parliaments and Legislators Ea virtute et sapientia majores nostri fuerunt ut legibus scribendis nihil sibi aliud quam salutem atque utilitatem reipublicae proponerent Whence he there inferrs A Legibus nihil convenit arbitrari nisi quod reipublicae conducat proficisci quoniam ejus causa sunt comparatae Therefore these Laws are to be interpreted for the best security safety preservation of the lawfull heads of the Commonwealth and their rightfull heirs and loyal dutifull subjects not for their destruction and the indemnity security of Usurpers Traytors Rebels aspiring after their Crowns Thrones Assassinations to the publike ruine 3ly All the branches of the Statute of 25 E. 3. c. 2. made at the special request of the Lords and Commons and that by a lawful King at that season declare this Statute to be meant only of a lawful King whiles living whether in or out of actual possession of the Realm not of a bare Usurper in possession without right as Sir Edward Cooke expounds it else it will necessarily follow That it shall be no Treason at all to compasse or imagine the death of the King de jure if once dispossessed for a time by Violence and Treason or of his Queen or eldest son and heir or to violate his Queen or eldest daughter not married or to levy war against the lawfull King in his Realm or to be adherent to his Enemies within the Realm or elsewhere or to counterfeit his Great or Privy Seal or mony c. But high Treason in all these particulars in relation only to the Vsurper in possession without and against all right and Title which would put all our rightful Kings and Supreme Governors into a farr worser sadder condition than their Trayterous Vsurpers and into a worse plight than every Disseisee or lawfull heir intruded upon by abatement or dispossessed by torcions unjust or forcible entries for which our Common and Statute Laws have provided many speedy and effectual means of recovering their possessions and Damages too against Disseisorâ— Abators Intruders on their Inheritances Freeholds for exemplary punishment fining imprisonment of the Disseisors Abaters but no means of recovery at all for our dishinherited disposseâ—ed Kings or their heirs against Intruders Vsurpers of their Crowns nor punishments against them their Confederates or Adherents if our Laws concerning Treasons extend not unto them though Kings de jure but only to Usurpers de facto et non de jure and if the Statute of 11 H. 7. exempt them from all kinds of penalties forfeitures by the lawfull King when he regains possession of the Crown as some now expound them 4ly It is resolved both by our Statutes Judges Law-books over and over That there is no Inter-regnum in our hereditary kingdom or any other That so soon as the rightfull hereditary King dies the Crown and Realm immediatly descend unto and are actually vested in the person and possession of the right heir before either he be actually proclaimed or crowned King and that it is high Treason to attempt any thing against his Person or royal authority before his Coronation because he is both King de jure de facto too as was adjudged in Watsons and Clerks case Hill 1. Jacobi Hence upon the death of King Henry the 3. though Prince Edward his heir was absent out of the Realm in the holy wars where he received a dangerous wound by an assassinate and was not certainly known to be alive yet all the Nobility Clergy and people going to the high Altar at Westminster swore fealty and allegeance to him as their King appointed a New Seal and Officers under him qui thesauram Regis pacem regni fideliter custodirent Sicque pax Novi Regis Edwardi in cunctis finibus regni proclamatur Edwardo fidelitatem Jurantes qui si viveret penitus ignorarunt Besides it is both enacted resolved in our Statutes Lawbooks That Nullum tempus occurrit Regi and that when the King is once in legal possession of his Crown Lands or any Lands holden of him by reason of his Praerogative he who enters or intrudes uppon them shall gain no freehold thereby yea if the Kings Tenant dieth and his heir enter into the lands his ancestors held of the King before that he hath done his homage and received seisin of the King though he hath a right of inheritance to the Lands by Law yet he shall gain no freehold and if he die yet his wife shall not be indowed because he gained no freehold by his entry but only a naked possessioÌ„ much les then shal a meer Intruder gain any Freeheld or interest in the Crown or Crown lands it self to the prejudice of the rightfull King or his heirs This is most evident by the sacred presidents of K. David still King when unjustly dispossessed driven out of his
rightfull Kings or their heirs or the Nobles and people of thâ—se Realm their possessions of the Crown being no expiation of their Treasons Regicides but an aggravation of them both in Law and Gospel account unable to secure their heads lives by their own Law and concession since the actual coronation unction and possession of the kings de Jure whom they murdered deposed against their Oaths allegeance duties could neither preserve their crowns persons nor lives from their violence and intrusion To omit he hanging up of Iohn of Leyden who crowned himself a king with his companions for Traytors at Munster An. 1535. with all antient domestick presidents of this kind among our British and Saxon kings it is very observable that in the Parliament of 1 E. 4. n. 17 18. Henry the 6. though king de facto together with his Queen Son Edward Prince of Wales the Duke of Somerset and sundry others were attainted of high Treason for killing Rich. Duke of York at Wakefield being only king de jure and declared heir and successor to the Crown after King Henry his death in the Pâ—rliament of 39 H. 6. n. 18. though never crowned and not to enjoy the possession of it during the reign of King Henry yet Henry the 6. his murder after his deposition was never inquired after though king de facto for sundry years and that by descent from 2. usurping ancestors nor yet reputed Treason After this king Richard the 3d. usurping the Crown and enjoying it as king de facto for 2. years 2. moneths and one day was yet slain in Bosworth field as an usurping bloudy Traytor stript naked to the skin without so much as a clout to cover his privy members all sprinkled over with mire and bloud then trussed like a Hogg or Calf behind a pursuivant and ignobly buried Sir William Catesby a Lawyer one of his Chief Counsellors with divers others were two dayes after beheaded at Leicester as Traytors notwithstanding he was king de facto and no doubt had not king Richard been slain in the field but taken alive he had been beheaded for a Traytor as well as his adherents being the principal Malefactor and they but his instruments So that his kingship and actual possession of the Crown by intrusion did neither secure himself nor his adherents from the guilt or punishment of High Treason nor yet the Act of Parliament which declared him true and lawfull King as well by inheritance and descent as election it being made by a packed Parliament of his own summoning and ratified only by his own royal assent which was so far from justifying that it did make his Treason more heinous in Gods and mens esteem it being a framing of mischief and acting Treason by a Law Psal 94.20 21. which God so much abhors that the Psalmist thence infers v. 23. And the Lord shall bring upon them their own iniquity and shall cut them off in their own wickedness yea the Lord our God shall cut them off as he did this Arch bloudy Traytor and his Complices though king de facto by a Law 9ly Since the Statute of 11 H. 7. c. 1. some clauses whereof making void any Act or Acts of future Parliaments and Legal process against it are meerly void unreasonable and nugatory as Sir Cook himself affirms of Statutes of the like nature there have been memorable Presidents Judgements in point against his and others false glosses on it in favour of Usurpers though King or Queen de facto and their Adherents against the lawfull Queen and heir to the Crown which I admire Sir Edward Cooke and other Grandees of the Law forgot or never took notice of though so late and memorable King Edward the 6. being sick and like to dye taking notice that his Sister Queen Mary was an obstinate Papist very likely to extirpate the Protestant Religion destroy that Reformation which he had established and usher in the Pope and Popery which he had totally abandoned by advice of his Council instituted and declared by his last will in writing and Charter under the Great Seal of England the Lady Jane of the bloud royal eldest Neice to King Henry the 8. a virtuous Lady and zealous Protestant without her privity or seeking to be his heir and Successor to the Crown immediately after his death for the better confirmation whereof all the Lords of his Privy Council most of the Bishops Great Officers Dukes Earls Nobles of the Realm all his Judges and Barons exept Hales the Serjeants and great Lawyers with the Mayor and Aldermen of London subscribed their Names and gave their full and free assents thereto wherupon immediately after King Edwards death July 9. 1553. Iane was publikely proclamed Qu. of this Realm with sound of trumpet by the Lords of the Council Bishops Judges Lord Mayor and Aldermen of London So as now she was a Queen de facto backed with a very colourable Title from King Edward himself his Council Nobles Judges and the other subscribers to it being likewise eldest Neece to King Henry the 8. of the bloud-royal For defence of her person and Title when proclamed Queen and to suppress Mary the right heir the Council speedily raised a great power of 8000 foot and 2000 horse of which the Duke of Suffolk was first made General being her Father but soon after the Duke of Northmberland by Commission from the whole Council in Queen Janes Name who marched with them to Cambridge and from thence to St. Edmunds Bury against the Lady Mary Queen only de jure not de facto But many of the Nobles and the generality of the people inclining to Queen Mary the right heir and resorting to her ayd to Fotheringham Castle thereupon the Council at London repenting their former doings to provide for their own safety on the 20. of June 1553. proclamed Mary Queen and the Duke of Northumberland hearing of it did the like in his Army who thereupon deserted him From which sodain alteration the Author of Rerum AnglicanaruÌ„ Annales printed Lond. 1616. l. 3. p. 106. hath this memorable observation Tali tamen constanti veneratione nos Angli legitimos Reges prosequimur ut ab eorum debito obsequio nullis fucis aut coloribus imo ne Religionis quidem obtentu nos divelli patiamur cujus rei Janae hic casus indicium poterit esse plane memorabile Quamvis enim Dominationis illius fundamenta validissima jacta fuissent cui et summa arte superstructum est quam primum tamen Regni vera et indubitata haeres se Civibus ostendit omnis haec accurata structura concidit illico quasi in ictu oculi dissipata est idque eorum praecipue opera quorum propter Religionis causam propensissimus favor Janae adfuturus sperabatur c. All the Martyrs Protestant Bishops and Ministers imprisoned and burnt by her humbly requiring and in the bowels of our Lord Jesus