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

Subjects f 〈…〉 to be sworne to observe the same an● after bound them in bonds for the firmer keeping of the same to the great 〈…〉 doing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times 〈…〉 wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth 〈…〉 the same Parliament which continued notwithstanding Richards deposition who summoned it 〈…〉 created King who in the q ● H. 4. c. 1. 2 3 4. first Parliament of his Raigne reversed and annulled as illegall the P 〈…〉 liament of 21 Rich. 2. with all its Acts Circumstances and dependants and revived that of 11 Rich. 2. 〈…〉 all points as made for the great honour and common profit of this Realme To these I might adde t 〈…〉 r Walsing hist Angl. p. 416. 417. Ypodig p. 168. 170. Pol. l. 8. c. 10. Caxt. p. 430. Hal Chr. par 1. f. 25 Hol. p 529. Speed p. 775. Maroin Fabian Grafion and others Rebellious insurrectious of Richard Scroope Arch-bishop of Yorke the Earle of Northumber land a 〈…〉 their Complices against King Henry the fourth Anno 1405. to reforme the State and government 〈…〉 lieve the Church and Common weale and Depose King Henry in and by a forced Parliament The Spee p. 486 Hunting lib. 8. insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forrests and 〈…〉 ther immunities of Church and Commonwealth which they would force him ●o confirme the severall k Wal●ing ham Hist Angl. p. 258. to 281. Speed ● 849. c. 734. c. insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vulgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new ones of their nomination to ratifie what propositions they required and subvert the government of the Real 〈…〉 with the l Speed p. 1032 to 1049 1112. to 1120. See Hall Grafton Holinshed Howes Martin in the lives of H. 8. Ed 6. and Q. Eliz. severall Rebellions of the Popish Lincolne-shire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the 8 his raigne Of the Cornish men Norsolke men Ket and others in Edward the 6. his rule of the Popish Earles of Northumberland Westmoreland and other Northern Papists in Queene Elizabeths dayes by force of Armes to compel● these severall Princes to summon Parliaments to repeale all Lawes against Mosse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demaunded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both houses representing the whole Kingdome and against the generall consent of the people But I shall conclude with one ancient president more in one of our be●● Kings reignes In 25. E. 1. m Walsig Hist Angl. p. 36 37 38. 39 40. 41. 42 44. 48. Ypoaigm● Neustriae p. 83. 84. 85. 86. 97. Cookes Magna Charta p. 530. to 580. The Lords and Commons in Parliament grievously complained and Petitioned to the King against divers taxes tallages and pris●ges wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forrest the imposition upon Woolls and their sommons to goe with him into Flanders to which they were not bound by Law The King excusing these taxes by reason of his necessity to mainetaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barrons of the Eschequor not to levie the 8. penny of the people granted to the King at S. Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the King should confirme Magna Charta and Charta de Forresta with the other Articles to them annexed that he should enact and take no ayds tax or tallage from the Clergie or Commons without their common consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his * Articuli s●per Charta● Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeate of all those who should transgresse this Charter of his For which the Laity gave him the 9 and the Clergie the 10. penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his Reigne after some delayes he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-sommoning them at quinidena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to 3. Bishops 3 Earles and 3. Barrons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope 〈…〉 ereupon the King holding a Parliament at Stamford the 29. of his Reigne the Lords and Barrons repaired thither with great store of horses and Armes with a purpose to extort a●ull execution of the Charter of the Forrest hither to deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixtly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull sommons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publicke affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great a Surius Concil Tom. 4. p. 103 c. Fox Act. and Monuments vol. 1. ●dit ult p. 879 c Councils of Basil Constans and divers Popish * John White his way c. Sect 37 n. 30. p. 102 Writers that a generall Councell once lawfully sommoned by ●he Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution th●se Coun●ells continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them to keepe themselves in their chaires This is apparent

doth the use thereof also teach us It seemeth also agreeable unto reason that the same should be done in the Church that is in the Councell which is done in any Kingdome And so is this sufficiently apparent that the Pope is subject unto the Councell Thus the Bishop of Burgen Ambassadour of Spaine the Abbot of Scotland and Thomas de Corcellis a famous Divine reasoned in this Councell which voted with them Here we have a full resolution of this great Councell which the Papists call a generall one being l Surius Concil tom 4. p. 1. c. And Aeneas Sylvius hist concil Basilliensis approved by the Greeke and Romane Emperours and most Christian Kings and States and ours among others That the Kingdome in Parliament Assembled is above the King as 〈…〉 Generall Councell is paramount the Pope which they manifest by five reasons First because Kings were first created and instituted by their Kingdomes and people not their Kingdomes and people by them Secondly Because they were ordained onely for their Kingdomes and peoples service and welfare not their kingdomes and people for them Thirdly Because their Kingdomes and people as they at first created so they still limit and confine their royall Jurisdiction by Lawes to which they are and ought to be subject Fourthly Because they oblige them by a solemne Oath to rule according and to be obedient unto the Lawes Fifthly Because they have power to depose them in case they contemne the Lawes and violently rob and spoyle their Subjects This then being the Doctrine of Papists concerning the Power and Superiority of Parliaments Peeres and Kingdomes over their Kings they have least ground of all others to taxe this Parliament or its Advocates as guilty of Treason and usurpation upon the Crowne for a more moderate claime then this amounts to Secondly I answer that Popish Parliaments Peeres and Prelates have heretofore challenged and exercised a greater Jurisdiction over their Kings then this Parliament or any other since the embracing of the Protestant Religion ever claimed and doe in a great measure disclaime For first of all they have challenged and executed a just and legall power as they deemed it to depose their Kings for not governing according to Law for following and protecting evill Counsellours and Officers oppressing their Subjects and making warre against them This is evident not onely by the forementioned passages of the Councell of Basil with infinite presidents in foraine Empires and Kingdomes which I pretermit b●● by sundry domesticke examples of which I shall give you a short touch m Speeds Hist p 207. 266 267. Matth. West An. 445. 454 c. See Holinshed Grafton others Anno Dom. 454. King Vortigern when he had reigned for yeares space for his negligence and evill Government for which Vodine Arch-bishop of London told him he had endangered both his Soule and Crowne was deposed from his Crowne by his Subjects the Britaines generall consent imprisoned and his Son Vortimer chosen and Crowned King in his stead After whose untimely death being poysoned by Rowe●a Vortigern was againe restored by them to the Crowne and at last for his notorious sinnes by the just revenging hand of God consumed to ashes by fire kindled by Aurelius and V●er as heavens ministers to execute its wrath Sig●bert n Speeds Hist p. 229. Matth. West an 756. Holinsh Graft in his life King of the West-Saxons setting aside all Lawes and rules of true piety wallowing in all se 〈…〉 suall pleasures and using exactions and cruelties upon his Subjects and ●laying the Earle Cumbra his mo 〈…〉 faithfull Counsellour for admonishing him lovingly of his vicious life the Peeres and Commons thereupon seeing their State and lives in danger and their Laws thus violated assembled all together and provida omniu 〈…〉 deliberatione rose up in Armes against him deposed and would acknowledge him no longer their Soveraigne whereupon flying into the Woods as his onely safeguard and there wandring in the day like a forlo●●e person and lodging in dens and caves by night he was slaine by Cumbra his Swin-herd in revenge of his Masters death and Kenwolfe made King in his stead Anno Dom. 756. o Speeds Hist p. 245. 246. Matth. West an 792 See Holinsh Graf●on and others Osred King of Northumberland for his i 〈…〉 government was expelled by his Subjects and deprived of all Kingly Authority Anno 789. So Ethelred th 〈…〉 Sonneof M●llo his next successor being revoked from exile and restored to the Crowne of which he was * Matth. West m. An. 758. p. 275. formerly deprived thereupon murthering divers of his Nobles and Subjects to secure his Crowne so far offended his Subjects thereby that Anno 794 they rose up in armes against him and slew him at Cob●e Thus Anno 758. the people of the kingdome of Mercia rising up against Beornerd their King because be governed the ●eople not by just lawes but tyranny assembled all together as well Nobles as ignoble and Offa a most valiant ●oung man being their Captaine they expelled him from the Kingdome which done unanimo omnium consensu by the unanimous consent of all as well Clergy as People they crowned Offa King n Matth. West An. 821. Speeds Hist p 255. And Ceolwulfe King of Mercia Anno 820 after one yeares reigne was for his misgovernment expulsed by his people abando●ing his Crowne and country for the sa●ery of his life Not to mention any more such presidents before the Conquest We finde the o Matth. Paris hist Angl. p. 264 to 280. Speede p. 585 c. Hollinshead Grafton Stow Daniel Walsingham Popish Barons Prelates and Commons disavowing King John whom they had formerly elected King for making warre upon them and ●asting burning and spoyling the kingdom like an enemie electing Lewis of France for their King to whom ●hey did homage and fealty There are none so ignorant but know that the Popish Prelates Lords and Commons in Parliament p Walsingham Hist Angl. p. 398 c. Fabiun part 7. p. 345. Polychron l. ult c. 9. Hollinshead Grafton Speed p. 758. to 766. An 1327 deposed King Edward the second their naturall King for his misgovernement and following and protecting ill Counsellors inforcing him by way of complement to resigne his Crowne threatning else that they would never endure him nor any of his Children as their Soveraigne but disclayming all homage and fealtie would elect some other for King not of his r blood whom themselves should thinke most fit and able to defend the kingdome After which they elected and crowned his sonne Edward the third for their King That An 1399 q Walsing Hol. Fab. Sp. p. 680. to 697. King Richard the second for sundry misdemeanours objected against him ●n 32. Articles in Parliament and breach of his Coronation oath was judicially deposed by a Popish Parliament by 〈…〉 definitive sentence of deposition given against him which you may read at large in our

2. c. 16. f. 24. That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a king cannot doe any thing else in earth seeing be is Gods Minister and Vicar ni●●id solum quod de jure a Luk. 2. 22. 23. 24. ●otest but that onely which he can doe by Law That God the Law and his Court to wit the Earles ●nd Barons in Parliament are above the King and ought to bridle him and are thence called c Comites vi● quia a Comitatu ●ive a societate nomen sumpserunt qui etiam dic● possunt Consules a consulendo Reges enim tales si●● associant ad consulendum regendum populum Dei. ordina●tes eos in magna potestate honore nomine c. Idem l. ● c. 8. f. 5. 6. Co●ites because they are the Kings Companions Fleta an Ancient Law-booke written in King Edward ●he third his raigne lib. 3. c. 3. and 17. useth the selfe same words that Bracton doth and concludes ●hat the King hath a Superior to wit God and the Law by which be is made a Ki●g and his Court of Earles ●nd Barons to wit the Parliament d De Laudibus Legum Argliae c. 9. to 15. Fortescue a great Lawyer Chauncellor to King Henry the 6. ●roves at large That the King is not above but under the Law that be cannot alter the Law of Ergland ●or ●ay any Taxes at all on his Subiects but by Parliament That all lawfull Kings and Kingdomes were at ●●rst created and erected onely by the unanimous free assent of the people that the kingdome of England is a Po●cie or Aristocraticall mixt Government not an absolute royall Soveraignety That the e Hanc potestatem â pop●lo effluxam ipse habet c. p. 25. King hath his ●●yall power DERIVED TO HIM FROM THE PEOPLE whereby it is unlawfull for him to ●le his people by any other power which he prosecutes in sundry chapters too tedious to transcribe ●nd in one word f Chap. 8. vol. ● pag. 173. Raphael Holinshed Iohn Vowell and others in their Description of England ●rinted Cum Privilegio resolve thus of the Parliaments power This House hath the most high and ●bsolute power of the Realme for thereby kings and mighty Princes have from time to time beene ●eposed from their thrones and Lawes are enacted and abrogated Offenders of all sorts punished and cor●pted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE ●EALME and the place where every particular man is intended to be present if not by himselfe yet by ●s Advocate and Attorney For this cause any thing that is there enacted is not to be withstood but obeyed ●● all men without contradiction or grudge and to be short all that ever the people of Rome might doe ei●●er Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their assemblies had power to enact binding Lawes to create and elect ●●eir Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes ●● Officers and to * See Bodine l. 2. c 5. l. ● c. 10 Eutropius and Grimston in the life of Nero Maximinius Heliogabalits and others Livy Rom. Hist l. 1. ●● change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authors resolution the Parliament hath an absolute power to doe the like when ●hey see just cause Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. ●nd Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but ●● in the last Edition hath the same words in effect with Holinshead and addes that the Parliament gi●eth forme of Succession to the Crowne c. Our kings royall power being then originally derived to ●hem conferred on them by the peoples and kingdomes common consents in Parliament and all their ●ew additionall Prerogatives too as the premises evidence it cannot be denied but that the whole ●ingdome and Parliament are really in this sence above him and the most Soveraigne prime power ●●om whence all other powers were and are derived See Fortescue c. 9. to 15. Fourthly This is undeniable because the whole kingdome in Parliament may not onely aug●ent but likewise * abridge allay abolish and resume some branches of the Kings royall power and ●●erogative if there be just cause as when it becomes onorous mischievous and dangerous to the Sub●ects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or ●he Lawes this is most apparant by Magna Charta Charta de Forresta Statutum de Prerogativa Regis De Tall●gio non-concedendo 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. ● 10. E. 3. c. 2. 3 14. E 3. c. 1. 14. 18. E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36. E. 3 c. 10. ● 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. ● 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 ●he Petition of Right 3. Caroli most Statuts against Purveyens Pardons Protections the Acts made this Parliament against Ship-money Knight-hood Forrest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the Continuance of this Parliament whiles they please with g See the Arguments against Ship-money and Impositions and the Declarations against the Commission of Aray sun●ry other Acts which restraine abridge repeale and resume divers reall and pretended branches of the ●ings royall Prerogative because they proved grievous and mischievous to the people and dangeous and pernicious to the kingdome This then answers that irrationall groundlesse position of Doctor Ferne That h Resolving of Conscience Sect 4. 5. the Subjects neither lawfully may nor ought in any case to resume al or any part of that Regall power wherewith they have once invested their Kings by common consent Which as it is contrary ●o that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That ●ll Governments created by mens consents may be altered diminished or repealed by their consents ●● i See Ioshua Iudges Samuel Kings Chron. Daniel throughout ●saiah Ieremy Ezickiel in sundry chap. sundry Presidents and Prophesies in Scripture concerning the alterations the Subversions and Dimi●utions of kings and kingdomes to the constant practise of k See Sleidan de 4. or Imperiis Mat. West Livy Iustin Opmerus Purchas Chronicon ●hronicorum and all generall Histories all Realmes and States whatsoever from ●dam till this instant who have undergone many strange alteratians eclipses diminutions yea Pe●●ods of Government to the Resolution of l Polit. l.