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

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Kings eldest sonne was created Duke of Cornwall by Parliament which then also entailed the Dutchy of Cornwall upon the eldest sonnes of the Kings of England See 21 R. 2. c. 9. * 7. H. 4. c. 2. Hals Chronicle 1. H. 4. f. 10. 15. Fabian par● 7. p. 376. Speed p. 763. King Henry the fourth the ●et●er to assure the inheritance of the Crownes and Realmes of England and France to him and his posterity caused them by a speciall Act of Parliament in the first yeare o● his raigne to be entailed and setled on himselfe and the heires of his body begotten and Prince Henry hi● eldest sonne to be established pronounced ordained and decreed heire apparant to him and to succeed hi● in the said Crownes and Realmes to have them with their appurtenances after the Kings death to him an● the heires of his body begotten And if he should die without heire of his body begotten then to remaine to th● Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lor● Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for t●● avoyding for all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and ●e plenteously served of all things necess●ry both for viande and apparell and if any persons should presume to reare warre or congregate a multitude ●o deliver him out of prison that then he should be the first that should die ●or that sedi●ious comm●tion Which King Richard as * Fabian part 7. p. 373. Sir John B●got by his Bill exhibited to this Parliament averred h●● divers times at sundry Parliaments in his time holden said that he would have his intent and pleasur● concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde b● would by one meanes or other bring him out of his life And further said to him at Lichfield in the one ●● twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons ha●● him in ●s great awe and dread as ever they had of any his Progenitors so that it might be chronicled of him that none passed him of honour and dignity with condition that he were deposed and put ●●rom his said dignity the next morrow after So wilfull was he as to preferre his will before his Crowne or safety n Hall An. 38. 39. H. 6. f. 176. to 183. Fabian An●o 1441. p. 470. Grafton p. 643. to 648. Holins Stow Howes An. 1440 144● In the yeares 1440. and 1441. Edward Duke of Yorke came into the Parliament House an● there in a large Oration laid claime and set forth his Title to the Crowne of England which King He●ry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene the● both ●ides submitting to their resolution as the proper Judges of this weighty royall controversie After lon● debate and consideration of the case among the Peers Prelates and Commons of the Realme it w●● finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yea●● and more that he sh●uld enjoy the name and title of King and ●ave p●ssessi●n of the Realme during his n●turall life And if he either died or resigned or FOR FAITED THE SAME for breaking ●● part of this concord then t●e said Crowne and authority royall should immediately descend to the Duke ●● Yorke King Edward the 4. his Father if he then live● ●r else to the next heire of his line And that the s● Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the Ki●● did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the de●● of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke T● TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed ● swore to and then caused them to be enacted Loe here we have these two Kings submiting their Titles ● the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraig● Judge betwene them who settled the Crowne in this order under paine of ●orfeiting it by Ki●● Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in ●● full age as o Historia Angliae p. 458. Parliamentum fuit c●nv●catum in qu● Parliamento ex assensu omnium Statuum idem Dux Defensor seu Protector Angliae fuera● nomina●us ordina●us omniaque Regni off●cia beneficia ejus dispositioni sunt commissa Walsing●am informes us a Parliament c●nstituted Duke Humsry to be protector of hi● and h●s Kingdome of England and the Duke of Bedford to ●e Regent of France during his minority wh● exercised all regall power by vertue of that authority which the Parliament derived to them A●● this in these two Kings reignes p See Grafton p. 691. 692. Speed p. 869. 878. 859. 886. 1. E. 4. c. 1. 17. E. 4. c. 7. the Crown and its descent were variously setled by Parliament as I ha●● formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it ●● akered or reversed by another Parliament King q Speeds Hist p. 928. 931 Richard the third comming to the Crown by usurp●tion to strengthen his Title procured the Lords and Commons to passe an Act of Parliament where in th● declare him to be their lawfull King both by election and fuccession entaile the Crowne upon him and the hei●● ●f his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in ●he royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teach●th that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled ●n Parliament and by the Authority of the ●ame makes before all other things most faith and certainty and ●uieting of mens mindes removeth the occasion of all doubts and seditious language r Halls Chro. 1 H. 7. f. 855. Henry the seventh af●erwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to set●le the inheritance of ●he Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace ●f God so to endure and on none
in their Controversies of the Popes Supremacy of general Councels Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene c See Grafton p. 512 513. 161. Matthew Paris p. 954. Fox old Edition p. 508. King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors d See Hoveden p. 724 725 for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finall Judges of it Not to give you a●y instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our e Walsingham Hist p. 514. Speed p. 647 648. Kings Edward the first King John f Matthew Paris p. 273. 274 275. condemned to death by a Parliament in France by French Peeres for slaying his Nephew Arthur trecherously with his owne hands and likewise to lose the Crowne of England Henry the third and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip Nor yet to repeate the i pag. 5. forementioned precedents how the Lords and Commons when the Title to the Crowne hath beene in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by compe●itors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the * See Matthew Westm Fabian Grafton Holin Kingdom Lords and Commons then disposed of the Crowne in cases of minority want of He●res misgovernment and c●ntroversies ab●ut the Title to the Crowne * Polichron l. 6. c. 18. Speed p. 399. See Grafton and Holinshed accordingly Canutus after the death of King Edmond Anno 1017. claiming the whole Realme against Edmonds Brethren Sons referred his Title upon the agreement made between Edmond and him fo● this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of feal●y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmes●wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10●0 Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxfo●d who gave their voyces to Harold there present and presently proclaimed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying * Huntindon l. 6. Polychron l. 6. c. 18. Speed p. 410. Matthew West●n An. 1042. p. 415. Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harolds death enacted by Par●iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none o● the Danish blood should any more Reigne over them was elected King and declared ●ight Heire to the Crowne Anno 1126. k Hoveden Hun●ingdon Matthew Westminster Matthew Paris Walsingham Polychronic●n Fabian Anno 1126. Speed p. 477. See Ho●inshed Grafton Stow Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to fucceed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English Blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to ●er As much as in them lay after King Henries death if ●e dyed without issue male to establish ●er Queene ●f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyse●●us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres ●o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris ● 82 83. Speed p. 497. Hoveden p. 490. Hun●indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty ● Wal●ingford where by the advise of the Lords they made this accord That Stephen if he would should ●eaceably hold the kingdome during his life and that Hen●y should be his adopted Sonne and Successor enjoy ●he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should ●weare that Henry after the Kings death if he su●vived him should P●ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parl●ament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the Kingdome In the 8. and 25. E. 3. there was a m 25. E. 3. Parl 2. in the Statuts at large doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should in●erit lands in England The King to cleare all doubts and ambiguities in this case and to have the La● herein reduced to ce●tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliam●nt in the 25. yeare of his Raigne to delibera●● of this point who with one assent resolved That the Law of the Realme of England is and alwayes hath beene such that the children of the Kings ●● England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a special Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a * Cooke l. 7. The Princes case Parliament 11. E. 3. this