Subjects f 〈…〉 to be sworne to observe the same anâ— 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 â— 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 â—o confirme the severall k Walâ—ing ham Hist Angl. p. 258. to 281. Speed â— 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 compelâ— 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 beâ—â— Kings reignes In 25. E. 1. m Walsig Hist Angl. p. 36 37 38. 39 40. 41. 42 44. 48. Ypoaigmâ— 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 prisâ—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 sâ—per Chartaâ— 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 aâ—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. â—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 â—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 thâ—se Counâ—ells continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them to keepe themselves in their chaires This is apparent
forced on the King Edward the second presumptuous anâ— TREASONOUS ORDINATIONS not onely to reforme the Kings house and Counsell and tâ— place and displace all great Officers at their pleasure but even claim a joynt interest in the Regiment of the Kingdome together with the King which William Inge a Judge of the Common Law with other like sticklers trayâ—erously perswaded them was according to Law which grosse slander of the Parliament House would have beeâ— capitall at least in former ages and may now indanger the heads of those who speake or write the samâ— of the present Parliament Never did any of our Kings charge any Parliament with high Treason hither to much lesse indict or wage warre against the Parliaments as Traytors which questioned or deposeâ— them for offences against the Kingdome Let none then dare affirme that the Houses of Parliament are or can be Traytors now for providing for their owne and the Kingdomes safety Fifthly That to conspire or levy warre against the Parliament or Kingdome to dissolve or destroy it or the Members of it is no lesse then High Treason as hath beene solemnely adjudged in Parliament 15 E. 2. in the Act entituled Exilium Hugonis le de Spenser in 11 Rich. 2. c. 2 3 4. and in the Parliament Roll Printed by Order of both Houses August 27. 1642. And before both these in k Lib. 14. sect 112. Stamf. l. 1. c. 2. f. 1. b. and Cromptons Juâ—isdict f. 73. Glanvil who declares it to be Treason even at the Common Law Si quis machinatus fuerit vel aliquid fecerit in SEDITIONEM REGNI agreeable to l Instit l. ult Tit. 8. Vlpian and the m Tit. 3. Saxon Lawes which informe â—â— of Treasons against the Common-wealth and Kingdome the case of n Ciceâ—o Orat. in Catil Cateline and o Liv. hist l. 23. sect 17. others as well as against the King and to the Statute of 13 Eliz. c. â— which makes it High Treason for any person to stirrâ— up aâ—y Forainers or strangers with force to invade this Realme or Ireland And if it be no lesse then high Treason against the King to slay the Chancellour Treasurer or any of the Judges or Justiceâ— of either Bench Eyer Assizâ— or Oyer and Terminer being in their places doing their Offices though by the Kings command as is cleare by 25. E. 3. c. 2. and all our Law Bookes then much more must it be high Treason against the King and Kingdome to warre against the highest Court of Parliament or slay any member of it for doing theiâ— Offices and executing the Houses just Commands as I shall in due place more fully manifest In briefe the Gun powder plot in 3 Jacobi to blow up the Parliament House was then adjudged resolved by the Parliament * 3 Jac. c. 1 2. 4 5. in his Proclamations for apprehending those Traytors The proceedings against Traytors Spee hist p. 1248. to 1257. King and Judges to be high Treason not onely against the King but Parliamenâ— and Kingdome too and to blow up or assault the Parliament now in the Kings absence is question leâ—â— high Treason both against the King Parliament and Kingdome Yea the statute of 28. H. 8. c. 7. declares those Who shall claime the Crowne even of right in any other manner then it limited by vertue and authority of that act after the Kings death with all their Counsellors and abettors to be deemed and adjudged HIGâ— TRAITORS TO THE REALME not the King and such their offence to be repâ—ted HIGH TREASON and they for it to suffer such paines of death and forfeiture of Lands anâ— Goods as in any cases of high Treason is used And I read in * Par. 7. p. 186. Fabian that Eguiran chiefe Counsellor to Philip the third of France was judged to death and hanged on the Gibbet at Paris for Treason against King Philip and the REALME OF FRANCE as our powder Traytors were executed for high Treason against the King and Realme of England And by the Statutes of 5. R. 2. c. 6. II R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Sâ—a 2. c. 6. 1. Mariae c. 6. certaine offences are declared and made high treason and the committers of theâ— Trayters and enemies not onely to and against the King but likewise TO AND AGAINST THâ— REALME and in particular the illegall indicting of some Lords to destroy them as guilty of High Treason for procuring a Commission in Parliament supposed prejudiciall to the King and his Crowne 10 R. 2. c. I. and the opposing and annulling of that Commission and of some Processe Judgements Executions made given and affirmed in some of those Parliaments raising forces and leâ—ying warre against the Parliament and Members of it to destroy them were then * See Walsingh Holinshed Fabian Grafton Stow Speed in 10. 11. R. 2. 21. R. 2. c. 12. adjudged High Treason both against the King and THE REALME though done by the Kings expresse Commission and command The reason is because the King in judgement of Law * See here p. 20 21. 22. is ever legally present in and with his Parliament when they sit as I have already proved where ever his person is and his royall legall will of which alone the Law takes notice is ever presumed to concurre with his greatest Councell the Parliament against whose Priviledges safety and protection he neither can nor ought by Law or right to attempt any thing and if any personall Commands or Commissions of the King under his great Seale to doe ought against Magna Charta the Subjects liberty safety property the Parliaments Priviledges the Common or Statute Lawes of the Realme all which expressely prohibit the levying of warre killing wounding murthering imprisâ—ning disinâ—eâ—iâ—ing robbing or plundering of the Subjects without legall triall or conviction as dâ—e the Statutes of 2 R. 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers especially the Welshmen issue out to any person or persons whatsoever especially to raise forces on levie warre against the Parliament or Subjects they are meerely void in Law and will rather aggravate then extenuate the guilt of those who obey or execute them as is clearely resolved not onely by 42. Ass p. 5. 12. Brooke Commissions 15. 16. Cooke b. 5. f. 50. 51. l. 7. f. 36. 37. l. 8. f. 125. to 129. but likewise expressely adjudged and enacted by the Statutes of 15. E. 3. Stat. 1. c. 1. 3. 42. E. 3. c. 1. 3. 11. R. 2. c. 1. to 6. 21. Jac. c. 3. the Petition of Right 3. Caroli 28. E. 2. Artic super Chartas c. 2. 4. E. 3. c. 4. 5. E. 3. c. 2. 25. E. 3. c. 1. 15. 34. E. 3. c. 2. and generally byall Statutes concerning * See Rastals abridgement Tit. Purveyors Purveyors by the memorable old Statute of 25.
E. 3. Stat. 1. c. 3. If any Minister of the King or any other person of what condition soever he be doe or come against any point of the great Charter or other Statutes or the Lawes of the Land he shall answer to the Parliament as well as the SUTE OF THE KING as at the sute of the party AS FARRE FORTH WHERE â—T WAS DONE BY COMMISSION OR COMMANDEMENT OF THE KING as of his owne authority And by that parallel good Law recorded by * Part. 7 p. 376 Fabian made in Parliament in the first yeare of King Henry the fourth That no Lord nor other person of nâ— degree should after that day lay for his excuse as some then did any constraint or coacting of his Prince in executing of any wrong judgement or other criminous or unlawfull deeds saying that for feare they durst not otherwise doe for such excuse after this day SHALL STAND HIM IN NO STEED And in this Parliament * Fabian part 7. p. 342. 375. Hals Chron. 1. H. 4. f. 10. Grafton p. 408. Walsingham Hist p. 393. 402. Hall was judged to be drawne from the Tower of London unto Tiburne and there to be hanged and quartered which was accordingly executed only because he was one of those who secretly murâ—â— ered the Duke of Glocester at Calice illegally attainted of Treason in the Parliament of 21. R. 2. without due processe of the Law by King Richard the second his command and likewise the Dukes of Aumarl Surrey Exeter with other Noble men were deprived of their Dukedomes of most of their Lands Castles Honors for having a finger in this Dukes suffâ—cation and death by King Richards instigation and command and had lost their heads too if the common peopte had beene their Judges who murmured against King Henry for sparing their lives as you may read in * Histor p. 402. 403. Speed p. 763. Walsingham and Speed All which I would advise his Majesties Captainâ—s Cavalliers and ill Counsellors to consider The rather because all levying of warre either against the King or against the Kingdome and Parliament now made a matter of high Treason on both sides must and ought to be determined and resolâ—ed which of them is high Treason and which not and the parties guilty of it must and ought to be tried arraigned judged and condemned for it onely in and by the Parliament and in and by no other Court or Judges as is punctually resolved by the severall Statutes of 11. R. 2. c. 1. 2. 3. 4. 21. R. 2. c. 2. 3. 4. 1 2. 20. 1. H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treasons especially being a new case If then the Parliament are and must be the onely judges of this question Which of the two parties now â—n Armes are Traytors and the onely Court wherein all must be tried on this point they may easily judge who are and must be the Traytors in this case and those who by the Kings meere personall command and presence whom they have treacheronâ—ly withdrawne from his Parliament fight now both against Parliament and King in his legall and regall capacity when the time of triall comes will be found reall Traytors both to King and Kingdome what ever their owne ignorance temporising Lawyers or hopes of prevailing may now suggest unto them In the Parliament of 15. Edward 2. the two Spensers were by â— * Exisium Hugonis le Despensor f. 50. 52. speciall Act of Parliament adjudged Traytors banished and their lands and goods confiscated for miscounâ—elling their King and advising him to ride with armed Troopes of horses and men into Glocestershire to assault the good people there and to levy warre within the Realme to the destruction of the Church and people contrary to the forme of the great Charter and breach of the peace of the Realme What severe judgement then may those ill Counsellors and Cavalliers deserve who have actually levied warre not onely against the Counâ—y of Glocester which they have pitifully harrowed and spoyled contrary to all Law sacked p See the Relation takinâ— cest Cicester â—o its utter ruine and led away the good people thence Captives to Oxford in triumph for the most part barefooted through dirt and mire in this cold Winter Season chained together in ropes more like to Turkish-Gally-slaves then English Christian Subjects onely for this new kinde of supposed Treason and Rebellion the defence of their Liberties lives and goods against theeving Cavalliers which they may defend by Law * Fitz. Corone 192. 194. 246. 258. 261. 330. Stamford f. 11 12 13. 22 H. 7. 39 24 H. 8. c. 5. Cooke I. 5. f. 51 52 53. and justifie the killing of all those who shall violently assault them to rob them of them denying them so much as a draught of cold water to quench their thirst by the way and keeping off all whâ— would give it to them many of them being since dead at Oxford of samine and more then barbarous usage â— but likewise against most Counties of England miserably wasted by them and the whole Kingdome Parliament and King himselfe in his politicke Capacity and raised an Army of Papists against expresâ—â— late Acts of Parliament who not onely now set up their long exploded Masse openly in Yorkeshire Reading and other places but which my very soule abhorres to thinke of have even freshly moâ—â— impiously Shit upon the English Bible in folio defaced and burnt many Testaments and godly English Bookâ— in John Hamonds house a Bookeseller in Marleborough when they sacked it in contempt of our Religion setting the chimney on fire with their excessive flames and if reports be credible have since buâ—ned divers English Bibles and other good Bookes in the publicke Market place at Reading under the very Gallowes in detestation of our Protestant faith whose utter extirpation is their chiefe designe Certainly if these ill Councellors once come to a legall triall a Gallowes will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallell especially if they perseverâ— therein But of this more fully hereafter Sixthly Hence likewise it necessarily followes that the Houses of Parliament being the Soveraigne Power ought of right to enjoy and may when they see just cause for the Kingdomes safety and benefiâ—â— order and dispose the Militia Navy Ports Forts and Ammunition of the Realme into such personâ— custodies as they may safely confide in nominate both the great Counsellors publique Officers anâ— Judges of the Kingdome of right require if not enforce if wilfully denyed the Kings Assent to all publicke Bils of Right and Justice necessary for the Commonweale and safety of his Subjects takâ— up defensive Armes to protect their Priviledges Lawes Liberties and established Religion not onely against Malignants and Popish Recusants but the King himselfe if he raise Forces against them yea impose taxes upon the Subject and distraine imprison secure them for the publicke defence and safety when they deeme it necessary All which particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I troâ—undeceive the blinded world and convince if not satisfie the greatest Royallists and Malignants both in point of Law and Conscience in the next part of this Discourse which shall passe the Presse with aâ— convenient expedition if God permit Finis partis Primae Errata Page 2. l. 31. read all the royall p. 15. l. 26. enact r. exact p. 17. l. 17. of and p. 20. l. 16. if it r. if being laâ— downe it p. 22. l. 18. last doubtfull rising
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 bâ—â— 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 Roweâ—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 Vâ—er as heavens ministers to execute its wrath Sigâ—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 â—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 forloâ—â—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 Grafâ—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 Mâ—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 Cobâ—e Thus Anno 758. the people of the kingdome of Mercia rising up against Beornerd their King because be governed the â—eople not by just lawes but tyranny assembled all together as well Nobles as ignoble and Offa a most valiant â—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 abandoâ—ing his Crowne and country for the saâ—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 â—asting burning and spoyling the kingdom like an enemie electing Lewis of France for their King to whom â—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 â—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
and strength of the kingdome in their hands which they insolently abused to the great hazard â—f the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we 〈…〉 King speake these things faithfully unto you in the presence of God and man and doe counsell beseech and admâ—nish â—ou to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faithâ—ull and sworne children thereof To which the King in briefe answered That he could not suddainely put off hâ—â— Councell and therefore prayed a short respite Nothing â—ad hither to preserved the King more Then that he could â—ithout griefe forgoâ— any favorities if he were nearely pressed the contrary quality whereof hath beene the cause of â—iâ—all desolation to so many Princes For though choyce of Counsellours ought to be free yet by common inâ—endment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love â—f a whole Nation rather then to relinquish or diminish a particular dependance for which the publique must not be â—azarded nor subverted The King therefore in this point not infortunate commands Bishop Peter from his Court to keepe residence at his Cure without once medling in State affaires removes all his evill Counsellors derives them of their Offices and puts good men in their places and commands all Poictovians and Foraine forces to deâ—art the Realme receives all his Nobles into favour restoring them to their lost Offices Lands Castles admits them 〈…〉 to his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And â—r Peter Rivales his Treasurer he was so vehemently incâ—nsed against him for his ill Counsell that he sware 〈…〉 would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster 〈…〉 e King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye â—ake thus to him O ihou Traytor by thy wicked advise I was drawne to set my Seale to those treacherous Letters â—r the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Coun 〈…〉 ll I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy com 〈…〉 lices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which â—nâ—rprise I wasted my Treasâ—re and lost many worthy persons together with much of my Royall respect Therefore I 〈…〉 act of thee an account and thou shall be carryed to the Tower of London to deliberate till I am satisfied And 〈…〉 us were these civill warres and differences reconciled ill Counsellors removed enormities reformed De 〈…〉 nquents punished not without reducing store of coyne to the King and peace established in the Kingâ—ome Which History I have more largely recited because most of its passages are Paralell to the Kings 〈…〉 d his evill Counsellors present proccedings on the one hand and to the Parliaments in some sort on the o 〈…〉 er hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour of 〈…〉 ill Councellours and Cavalieres the just punishment of Delinquents all good Subjects joy and contentâ—ent and the reestablishment of our peace in truth and righteousnesse To end the point proposed * Walsingh Histâ— p. 84. 44. Ypod. Neust p. 101 Anno Dom. 1315. King Edward the second by his Writ summoned a Par 〈…〉 ment at London But many of the Lords refused to come pretending causes and impediments by which their ab 〈…〉 nce might well be excused and so this Parliament tooke no effect and nothing was done therein In this Parti 〈…〉 lar then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parliaâ—ent Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wills Thus the Barons Prelates aâ—d Commons by open warre and Armes enforced both a Mat. Pa. An. 1214 1215. p. 240 to 256. Mat. West Walsingham Ypodig Neu. An. 1214 1215 Fabi. Caxton Hol. Graf Daniel in the life of K. John Hen. 3. Sp. Hist p. 578. to 637. King John and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking â— solemne Oath one after another at Saint Edmonds upon the High Altar An. 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves froâ— their Allegiance to him untill he should confirme to them by a Charter ratified with his Seale all things which thâ—â— required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleevâ—â— he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforceâ— King b Matth. Par. p. 252. Sp. Holinsh accordingly John thus to ratifie these Charters for the better maintenance of them they elected 25. Barons â—â— be the Conservators of their Priviledges who by the Kings appointment though much against his liking â— afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe thesâ— Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obeâ— the commands of the 25. Barons After this c Matth. Paris An. 1258. p. 9. 940 941. Matth. West 1258. Sp. p. 635. Hol. Graft Dani. Polychron An. Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lord came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres aâ—â— the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea Ports â—â— be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof weâ—â— these That the King should firmely keepe and conserve the Charter and Liberties of England which King John â— Father made granted and ratified with an Oath and which himselfe had so often granted and sworne to maintaiâ— inviolable and caused all the infringers ofit to be horribly excommunicated by all the Bishops of England in hâ— owne
and true allegiance to them and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons Crowne and Dignity by reason of any such sentence or Declaration or otherwise And that they doe from their hearts abhorre detest and abjure as impiâ—us and hereticall this damnableâ— Doctrine and position prosessedly maintained by English Papists else why should the Parliament prescribe and they absolutely refuse to take this Oath that Princes excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever Willthose then who refuse to take this Oath or abjure this King deposing King-killing Doctrine harbouring a Seminary Priest in their Tents and a Pope in their hearts prove a faithfull guard to his Majesties Person Crowne or Kingdomes Will those who so oâ—â— conspired the death and attempted the murthers of Queene Elizabeth and King James onely because they were Protestants and Defenders of the Protestant Faith now cordially protect and assist King Charles without attempting any thing against his Crowne or Person who hath lately made and published so many Protestations and Declarations that he will never embrace nor countenance Popery but most resolutely Defend and Advance the Protestant Religion and makes this one principall motive how truely he taketh Heaven and Earth to witnesse of his present taking up of Armes Will they thinke you spend their lives for King and Parliament who but few yeares since lost their lives for attempting by a traine of Gunpowder to blow up both King and Parliament Will those secure his Majesty in his Throne now he is actually King of England who would have murthered him in his Cradle ere he was Prince to forestall him of the Crowne of England caâ—â— those prove really loyall to his Majesty and his Royall Posterity who would have blowne up him and all royall House at once even long before he had posterity In a word if ancient presidents will not convince us are those who for d See Dr. Jones his Booke of Examinations two yeares last past or more have beene labouring with might and maine to uncrowne his Majesty and utterly extirpate the Protestant Religion by horrid conspiracies and force of Armes in Ireland and are now there acting the last Scene of this most barbarous bloudy Tragedy now likely to spend their dearest blood in fighting for the preservation of his Majesties Crowne and the Protestant cause in England if thiâ— onely be the reall quarrell as is specioully pretended Or will any of that Religion who within these threâ— yeares have by force of Armes both in Catalonia Portugall and elsewhere revolted from and cast off theiâ— allegiance to their owne most Catholicke King to setup others of the same Religion in his Tribunall put tâ—â— their helping hands to establish his Majesty the most Protestant King in his regall Throne admit it were really not fictitiously indangered to be shaken Certainely if the ground of this unnaturall warre be such aâ— these ill Consellors pretend they would never be so farre besotted as to make choyce of such unfitting Champions as Papists for such a designe who are very well knowne to be the greatest enemies and malignants oâ— all others both to King Kingdome Religion and Parliament whose joynt destructions what ever thesâ— ill Counsellors pretend is questionlesse the onely thing really intended by the Popish party in this warre aâ— the proceedings in Ireland the introducing of soraine the raising of domesticke popish Forces the disarminâ— of Protestants and Arming Papists with their Harnesse clearely demonstrate to all whom prejudice hath noâ— blinded Now that I may evidence to these pernicious Counsellours and all the world how dangerous and unsaâ—â— it is for his Majesty and the Kingdome to put Armes into Papists hands and make use of them to protect thâ— Kings Person or Crown I shall desire them to take notice both of the Papists traiterous Doctrine and Practise in these three particulars they maintaine First That the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all â—â—â— Kingdomes in it to dispose of them at his pleasure to whom and when he will without giving any account of his actions That all Emperours and Kings are but his vassals deriving and holding their Crownes from him by base uâ—worthy services worse then villenage that they call and repute them their Popes vassals curs packe asses wiâ— Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their owâ— Authors and practise I shall referre them to Doctor e Dedicated to King Iames printed at London 1621. Richard Crakenthorps Booke Of the Popes Temporeâ— Monarchy chap. 1. p. 1. to 27. worthy any mans reading to John Bodins Commonwealth Lib. 1. cap. 9. aâ—â— Doctor John Whites Defence of the way to the true Church chap. 10. p. 43. Secondly That the Pope alone without a Councell may lawfully excommunicate censure depose both Emperours Kings and Princes and dispose of their Crownes and Kingdomes unto others That it is meet and necessary hee should â—xcommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all Protestant Princes â—â—r oppressers of the Common wealth That as soone as such Princes are actually excommunicated or notoriously knowne to â—â—e Heretickes or Apostates their Subjects are ipso factâ— absolved from their government and Oathes of Allegiance whereby they were bound unto them and may yea ought to take up armes against them to deprive them of their kingdomes Thirdly That such tyranicall and oppressing Kings may be killed poysoned or slaine by open force of Armes not onely lawfully but with glory and commendations That this is to be executed by Catholikes and that it is not onely an heroiâ—all but meritorious act worthy the highest Encomiums These two last pro positions you may read abundantly proved by the words of Popish writers and 40. examples of several Emperours Kings and Princes which Popes Papists have excommunicated deprived violentâ—y assaulted and murthered in e Dedicated to King Iames and printed at London 1624. Doctor John Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. pag. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3 throughout Aphorismi doctrinae Jesuitarum King James his Apologie against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fist of November to which I shall referre the Reader What security or protection then of his Majesties royall Person Crowne or Kingdomes can now be expected from our Popish Recusants infected with these traytorous Principles and branded with so many ancient moderne nay present treasons and Rebellions against their Soveraignes let the world and all wise men seriously judge What faire quarter and brotherly assistance the
presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be maâ— their Chiefe Justice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honor of the King and kingdome To these their necessaâ—â— Councels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not defisâ—â— prosecute their purpose neither for losse of money or Lands nor love nor hare no nor yet for life or deaâ— of them or theirs till they had cleared England to which they and their forefathers were borne from up starts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely arme that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath aâ— his Sonne Prince Edward also that he would submit â—o their Councels and all those their Ordinances fâ—â— feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Whiâ— done all the Peeres and Prelates tooke their Oath To be faithfull to this their Ordinance and made all whâ— would abide in the Kingdome to sweare they would stand to the â—ryall of their Peeres the Arch-bishopâ— and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger Brother comming soone after into England to visit the King and his owne Lands the d Matth. Par. p. 952 953. Spe. p. 636. Barons enforce him according to his promise sent them in writing before his arrivall to take this Oath as soone as he laâ—ded in the Chapter-house at Canterbury Heare all men that I Richard Earle of Cornewall sweare upon â—â— holy Gospels to be faithfull and forward to reforme with you the kingdome of England hithertâ— by the councell of wicâ—ed men so much deformed And I will be an effectuall coadjutoâ— to expell the Rebels and troublers of the Realme fâ—â— out of the same This Oath will I observe under paine to for feit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their â—â—risdictions to preserve themselves and the Kingdome from slavery and desolation whom Matthew Paris â—â— continuer for this service stiles e History Angliae p. 95â— Angliae Reipublicae Zelatores the Zelors of the English Republicke Neithâ— is this their example singular but backed with other presidents In the second and third yeares of King Eâ—ward the second f Walsing â—pâ—digma Neust An. 1309 1310 Hist Ang. p. 70. to 77. S. p. 608. c. with Holin Stow. Graf How and others Fâ—x Act. Mon. vâ—l â— Ed. ult p. 480 481. Piers Gaveston his great proud insolent covetous unworthy Favorite miscounselling aâ— seducing the young King from whom he had beene banished by his Father and swaying all things aâ—â—â— pleasure the Peâ—res and Nobles of the Realâ—e seeing themselves contemned and that foraine upstart pâ—â—feâ—red before them all came to the King and humbly entreated him That he would manage the Affaires of â— Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incâ—â—bent dangers the King Voce â—enus consented to them and at their instance summoned a Parliament at Londâ—â— to which he commanded all that ought to be present to repaire Where upon serious debate they earnâ—â—ly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and â—o the Church of England The King imagining that they would order Piers to be banished a loâ—â— time denyed to grant their demand but at last at the importunate instance of them all he gave his assent aâ— swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Archbishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against all who should contradict these Articles which they caused to be openly read in Pauls Church London in the presence of the Prelates Lords and Commons of the whole Kingdome the King being present Among which Articles they demanded That Magna Charta with other provisions necessary to the Church and Realme should be observed that the King â—s his Father had commanded should thrust all Strangers out of his Court and kingdome and remove ill Councellours â—â—om him That he would thenceforth order all the affaires of the Kingdome by the Counsell of the Clergie and Lords â—nd begin no warre nor depart any where out of the kingdome without common consent The King notwithstanding â—ll these things seemed hard and insupportable to him consented to the Articles and banished Piers into â—reland No * Note the credit of Princes Regall promises and Protestations sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations â—ogether with his owne Oath never to reduce Piers sends for him backe to his Court marryeth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe â—o retaine this Gaveston maugre all his Earles Barons and for the love of him to put his Crowne and life in â—erill when time should serve In which whither the King or his favourite shewed lesse discretion it is not â—t the first easily determined it being as unsafe for the one with so offensive behaviour to affect immoderate â—â—ew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon â—he Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the â—arons message to the King by common consent That he should banish Piers from his company and observe the â—ffect of the foresaid Articles or else they would certainely rise up against him as a perjured person by a like vow which â—peech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring â—p if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third â—â—me abjure the Realme with this proviso that if at any time afterward he were taken in England he should â—e forthwith put to death as a perilous enemy to the Kingdome yet he returning in Christmas to the King at Yorke the Lords spirituall and temporall to preserve the Liberties of the Church the Kingdome and remove this â—iper elected Thomas Earle of Lancaster for their Generall and sent honourable messengers to the King reâ—uesting him
7. 17. 3. 4. E. 6. c. 11. 12. 1. Eliz. 1. 2. with sundry more Now â— Lib. 1. c. 8. l. 3. c. 9. f. 107. r polit l. 3. c. 1â— 11. 12. that Parlimentary power which onely can create and conferre on Kings a greater regall Authority and Prerogative then they had before must needs be the Originall and supreame authoritie for as we rightly argue m See 1 Eliz. c. 1. Rastal T it Sewers or Commissioners Rastall Tit. Iustices c. that the Kings Authority is superiour to all other his greatest Officers and subordinate Ministers of Iustice because their power is by Patent or Commission derived from his So we may from the selfe-same reason conclude that the High Court of Parliaments power the representative body of the whole kingdome is the most primitive soveraigne and greatest authoritie of all other yea larger and higher than the kings n Quiâ—quid â—fficit tale est magis tale nemo potest dare quod non habet are true in this case because it onely can enlarge the Kings prerogative whose originall or additionall Royalties proceede not from the king himselfe or his Ancestors owne inherent hereditary power for what king could justly without his peoples consents usurpe a Crowne or lawfull royall Prerogative to himselfe over an whole Countrey but meerely from the voluntary consent and grant of his people in the Parliament This is irrefragably evident not onely by the various o See Alex. ab Alexandro â— 3. c. 2. Facile perspici potest regni multa esse genera nec eandemimperii formam in omnibus esse regibus Regalis potentiae genâ—ra numero sunt quatuoâ— Aristot Polit. l. 3. c. 10. 11. See Dan. c. 8. 11. kinds of kings whereof some are of greater power and authority others of lesse some by Election others by succession by reason of their Subjects originall institution by the diverse alterations of the Monarchy in this kingdome which hath beene sometimes divided into 7. sometimes into 5. sometimes into 3. or two kingdomes and at last reduced unto one by the great changes and alterations made in all forraigne Realmes which have sometimes multiplied sometimes diminished the number and power of their Princes and sometimes quite abolished the royall forme of Government changing it into an Aristocraticall or popular rule by the divine Authority of S. Peter who in this regard calls Kings and their Supremacy a r 1 Pet. 2. 13 14. Alex ab Alexandro Gen. Dierâ—m l. 3 c. 3. l. 4. c. 23. humane creature or Ordinance of man because instituted limited and moulded into severall degrees of power by men over whom they râ—igneâ— by two expresse determinations of Aristotle in these termes s Politicorum l. 3. c 10. p. 209 2â—0 Regna patriis moribus legibus FVNDATA CONFIRMATASVNT And t Ibid l. 5 c â—3 p. 367. Verum Regnum est imperium majoribus praestantioribus viris VOLVNTAT â— CIVIVM DELATVM seconded by v De Officiis l. 2. Caeliâ—â— Rhodi Antiq. Lect l 8. c. 1 Alexander ab Alexandro Gen. Dierum l. 4. â— 23. Livie Hist Rom. l. 1. Sect. 17. p. 14. 15. l. 4 p. 144. 145. Plâ—â—archi Numâ—â—ompilius Tully Livie and others but likewise by Andrew Horne an eminent Lawyer in Edward the 1. his raigne in his Myrroâ—r of Justices Chap. 1. Sect. 2. p. 7. 8. 9. where he thus writes of the originall institution of our English Monarches After that God had abated the Nobility of the Britans who rather used force then right he delivered it to the most humble and simple of all the neighbour Nations the Saxons who came from Germany to conquer it of which Nation there have beene 40. Kings all which held themselves to have COMPANIONS These Princes called this Land England which before was named Greater Britain These after great warres elected from among them a King to Raigne over them to governe the people of God and to maintaine and defend their persons and goods in peace by the Rules of Law or Right And at the beginning they caused the King to sweare that he will maintaine the holy Christian faith to the utmost of his power and guide his people by p See Mathew Paris Speed Holinshed Grafton and others Law without respect to any person and shall be obedient to suffer or undergoe Law as well as others of his people And afterwards this Realme was turned to an heritage according to the number of his Companions who divided the Realme into 38. Counties and delivered each one a County to keepe and defend from Enemies according to every ones estate And although the King ought to have no Pâ—â—res in the Land yet because if the King of his owne wrong should offend against any of his people neither he nor any his Commissaries can be both Iudge and Party OF RIGHT IT BEHOVES that the King should have q Livie Hist Rom. l. 1. Arist Polit. l. 2. c. 8. Goodwins Rom. Aâ—tiq COMPANIONS for to heare and determine in Parliaments all the Writs and Plaints of the wrongs of the King the Queene and their children and of those especially of whose wrongs they could noâ— otherwise have common right These Companions are now called Counts after the Latine Comites and so at this day these Countries are called Counties and in Latine Comitatus c. Henry de Bracton who writ in Henry the 3. his raigne as in his forecited Passages so in others resolves x Lib. 1. c 8. f. 5. lib. 3. c 9 f 07. That the King is under the Law because the Law makes him a King by giving him dominion and power Now how doth the Law thus make him a kâ—ng but by the Parliament the kingdomes great Counsel by whose counsell and consent alone all Lawes were first enacted and yet are as the y Hujusmodi leges Anglicanae cum â—uerâ—m approbatae Sacramento Regis confirmatae mutari non poterunt c. Idem l. â— c. 2 f. 1. 6. same Author informes us who further addes That the King ought to be under the Law because Christ whose Vicar he is on Earth when he came to redeeme mankinde made choyse of this way especially to destroy the workes of the Devill using not the strength of his power but the reason of his iustice and so would be z Gal. 4. 4. â— under the Law that he might redeeme those that are under the Law Thus the Virgin Mary the mother of our Lord who by singular priviledge was above the Law yet to shew an example of humilitie refused not to be a subiect to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater then he in the Kingdome in the exhibition of Iustices yet he OVGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING IVDGMENT if he require it b â—ract â—â—â— 3. c. 9. f. 107. lib. 1. c. 8. f. 5. l.
2 3 4 5. Plato de Republica Bodius Common wealth The Repub of â—undry Nations Aristotle and al other Polititions who hold all formes of Government changeable and revocable without any injustice if necessâ—ry or convenient So likewise â—o the very end for which kings haveregall power as well as other Governours and Governments were ordained to wit their kingdomes peoples m Rom. 14. 1 to 6. 1 Pet. 2. 13. 14. 2 Sam. 5. 12. Aristotle Pol. l. 3. 4. 5. Caelius Rhodig l 8. c. 1. Bracton l. 3. c. 9. f. 107. welfare safety peace protection c. Salus pâ—puli being not onely that Suprema Lex but principall end for which all royall power was instituteâ— by God and man and to which they must submit in case it become in compatible or cannot consist together without dammage or danger to the publike safety what therefore that learned Father Augustine Bishop of Hippo long since resolved touching the now much contested for Lordly State of Episcopacie which he and neere 300. African Bishops more were then ready to lay downe for the Churches peace I may fitly apply to the now over much contended for supposed royall Prerogatives of kings to effect Peace in the State in these times of uncivill military that I say not bloody dissentions raised about them betweene king and Parliament An vero c. n Augustinus de Geftis cune Emerita Donatist Epis Tom. 7. pars 1. p. 782. 783. What verily did ouâ— Redeemer descend from heaven into humane members that we might he his members and shall we leâ—t his very members be rent in pieces with cruell division feare to descend out of our thrones we are ordained BP â— foâ— Christian peoples â—ake what therfore may profit them for Christian peace that let us do with our Bishoprickes Quod autem sum propter te sim si tibi prodest non sim si tibi obest What I-am I may be for thee if it profit thee I may not be if it be hurtfull to thee If we be profitable servants why do we envie theâ— eternall gaines of our Lord for our tempot all sublimities or Prerogatives Our Episcopall dignity will o See all Acts of Repeale and others which alter the common Law See Smiths Common-wealth l. 2. c. 2. 3. be more fruitfull to us if it shall more unite the flock of Christ then disperse it if retained If when I will retain my Bishoprick I disperse the â—lock of Christ how is the dammage of the flock the honour oâ— the sheapheard c. Old statute Lawes yea and the common Law of England may be and oft are repealed and altered by Parliaments though above the king and his Prerogative when they become mischieuous â—â— inconvenient therefore any branches of the kings Prerogative inferiour to these Lawes when they prove grievous or dangerous to the subjects It is the kings own professed Maxime in full Parliamen p At the end of the Petition of Right 3. Caroli Printed and inrolled by his speciall command in all his Courts That the Kings Prerogative is but to defend the Peoples Liberties when therefore it either invades or subverâ— them it may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded The Emperour q See Eutropius Sabellicus Grimston Speed others of his life Otho the first and our king Richard the second as r Speeds History p. 757. some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subiects blood by civill warres and settle peace within theiâ— Realmes and shall not other kings then most joyfully part with some Punctilioes of their reall oâ— branches of their supposed Prerogatives for the selfesame ends if their Parliaments see good cause to resume them and of right may doe it Fifthly The king though he be the chiefe and principall yet he is onely one member of the Parliament and kingdome the least because but one person though the highest branch the Lords and Commons not elected by but assigned Counsellors to the king by the kingdome and people being the greatest and most considerable part as representing the intire body of the kingdome Now common reason Law and experience manifests t See Br. Tit. Corporations that the whole or greatest part in all politique or naturall Bodies is of greater power Jurisdiction then any one particular member Thus in all our t Corporations the Court of Aldermen and Common Councell is of greater power then the Major though the chiefe Officer the Chapter of greater authority then the Deane the Deane and Chapter then the s Keckerman Systema Logic. l. 1. c. 22. BPP the whole Bench then the Lord chiefe Justice the whole Counsell then the President the whole Parliament then either of the Houses and by like reason then the king especially since one of the three Estates is lesser then the three Estates together who in Parliament by the fundamentall Constitions of the Realme are not v See the fuller answer to Dr. Ferne. p. 2. 3. Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination x Quod eorum qui rempublicam gerunt majori parti placueâ—it id est ratum ac â—â—mum Arist Polit. l. 4. c. 8. l. 3. that in an Oligarchie Aristocrasie and Democrasie whatsoever seemes good to the Major part of the Governours of the Common-wealth that is ratified and that it is unfit the part should be above the whole And in all Courts of Iustice Corporations and Elections y Br. Corporations 34. 8. H. 6. c. 7. the major part have alwayes had the greatest sway and constantly over-ruled the lesse though it be but by one casting voyce as is evident to all in the Elections of Knights and Burgesses of and votes in the Parliament in which the z 14. H. 8. f. 3. b. King Lords and Commons by the Common Law make up but one intire Corporation since then even in Parliament it selfe the Major part over swayes the rest yea the king himselfe who hath no absolute negative voyce but onely in refusing to passe some kinde of Bills not all of which more hereafter doubtlesse the whole or Major part of the Parliament which in Law is the whole is above the king the chiefe member of it Which consideration together with the Statutes of 5. R. 2. Stat. 2. c 4. 6. H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himself from the same Parliament till it be fully ended or proroged without speciall license of the Speaker of the Commons to be entred of record in the jornall Booke under paine of amercement losse of wages and other punishment nor * See the manner of holding Parliaments in England newly Printed London 1641 and Dyer f. 60. 2. any member of the upper House without that
their mutuall assents alone and as these private By-â—awes obligâ— all those who consent to them by reason of their owne free assents onely so doe all publike Acts of Parliaments obliâ—ge all Subjects onely because of their generall assents to them in their Knights Citizenâ— and Burgesses elected by and d See â— â—ac c. 1. representing their persons Thirdly all e 33. H. 6. 17. Br. Parli 4. M. Hackwell of Pasâ—â—ng Bills Cromp. Iuris â— 8. Chron. of Ireland f. 127. â—â—â— 30. Acts of Parliament are usually made framed altered thrice read engrossed voted and fully agreed upon in both Houses without the Kings personall knowledge or privity for the most part before they come to have his royall assent And when they are thus agreed on by both Houses the king cannot alter any one word or letter in them as the Houses may doe but must either absolutely assent to or consider further of them as the Houses tender them And if the king send any Bill he desires to have passe it must be thrice read and assented to in both houses which have power to reject aâ—ter enlarge or limit it as they thinke meete else it can be no Act at all Aâ— cleare demonstration that the chiefe power of enacting and making Lawes is onely in the people Commons and Peeres not the king who by his Writ doth purposely sommon them to meete anâ— enact Lawes as the chiefe Legislators witnesse this notable clause in the y Cromp. Iuris of Courts f. 1. 2. and at the end of the Manner of â—olding Parliaments in England Writ for the Election of Knights Burgesses Ita quod iidem Milites plenam safficientem â—oteâ—â—atem pro S E COMMVNITATE Comitatus praedicti dicti Cives Burgenses prâ— se COMMVNITATâ— Civitatum Burgorum praedictorum divisim ab iâ—sis babeant AD FACIENDVM Eâ— CONSENTIENDVM HIS quae â—â—ne ibidem DE COMMVNI CONSILIO DICTI REGNâ— not Regis nostri contigerint ORDINARI super negotâ—â—s antedictis Ita quod PRO DEFECTâ— POTEST ATâ—S HVâ—VSMODI c. dicta negotia INFECTA NON REMANEANT quovâ— modo answerable to which is that clause in * Pope Elutherius his Epistle to our first Christian king Lucius about An. 185. Exillis Deigratia PER CONSILIVM REGNI VESTRI SVME LEGEMâ— per illam Dâ—i potentia vestrum reges Britaniae regnum Fourthly all publicke Acts are the whole Kingdomes Lawes made principally and solely foâ— the subjects benefit if good their prejudice if ill therefore the whole kingdome represented iâ— and by both Houses not the king knowing much better what is good or bad for themselves theâ— the king alone it is z See â—â—tv before just and reasonable that they and not the king should be the principalâ— Law-makers to binde or buâ—then themselves with any new Lawes penalties or restraints Fifthly it is cleare that all Acts which give any Subsidie Tax Penalties or forfaitures to the king are made onely by the people in Parliament and not principally by the king since the king cannoâ— be sayd in any propriety to give any thing to himselfe This is undeniable by the forme of penning all subsidie Bills granted by the Commons or Clergie Your Commons assembled in your Higâ— Court of Parliament c. humbly present your Majestie with the free and cheerefull gift of two intire sâ—bsidies which we humbly beseech your Majestâ—e graciously to accept c. Your Majesties faithfull subjects the Prelats and Clergie c. with one agreement and uniforme consent have given and granted and by these presents doe give and grant to your Highnesse c. foure intire Subsidies in manner and forme as followeth And by the kings assent to these Bills a Hackwâ—ls passing of Biâ—s sect 8 p. 78 Le Roy remercy ses Loaulz subjects accept LOVR BENEVOLENCE c. the Commons having the sole power to grant or deny b See Rostal Taxes and Tenthes The Acts of Subsiâ—ies 21. Iac â—â—is present Parliament Speed p. 745. Subsidies and Taâ—es when they see cause and to limit the proportion of them the manner and time of paying them and to order how and by whom they shall be received and imployed aâ— all Acts of this Nature â—anifest If then they be the chiefe Law-makers in these Acts which layâ— any imposition â—pon the Subjects goods or restraint on his person then by like â—eason in all other penall publik Lawes Sixâ—ly All Acts of Paâ—liaments made in the raignes of â—surpers who have no Title to the â—rown nor right to assent to Lawes are c See 1. E. 4. c 6. 4. E. 4. 10 9. E 4. 1. 2. â—r Charters dâ—â—ardon 22. 13. Eliâ— c. â— firme and good in Law and shall binde the right heires to the Crowne as iâ— evident by the Lawes made by king John Henry the 4. 5. 6. reputed usurpeâ—s by Edward the 4. and Richard the third acknowledged an usurper whose Lawes are yet in force The reason is as is cleare by 1. E. 4. c 6. because the Lawes and all other Iudiciall Acts in Courtâ— of Iustice are the Acts of the Parliament and Courts themselves which are lawfull not of the king who is unlawfull Therefore certainely the Legislative power is more in the Parliament thenin the king if not wholly in it there being Lawes and Kingdomes before kings were Seventhly admit the king should dye without heire no doubt the kingdome and Parliament have a just right either to alter the government or dispose of the Crowne to what familie they please as â—he constant practise of all kingdomes in such cases manifests and d The trâ—e difference c. part 3. p 416. Bishop Bilson himselfe assureth us that all Nations once members of the Roman Empire when the right heires failed were suffered to elect their Governours where they pleased as the Romans themselves might doe and no doubt they might make binding publike Lawes during the Inter-regâ—um yea if the king be an infant as Henry the 3. Henry the 6. Edward 3. 5. and Richard 2. with other ouâ— kings were when the Crowne â—escended to them or non Compos Mentis or taken with a dead palsie or Apoplexie or an Ideot by â—irth or Age or a Monkeprofessed as e Fox Actâ— Monument vol. 1. p. 173. Speeds Hist p. 244. some kings have beene or absent in a Pilgrimage to Rome or â—â— voyage to the Holy Land or other remote forraigne Parts by reason of warres as f See Nubrigenfis Speed Holinshead Mat. Westmâ— and others in the lives of R. 1. H. 1. 2. 3â— 4. 5. 6. 8. Ed. 1. 2. 3. 4. divers of our Kings heretofore have beene and so unable personally to consent to lawes no doubt in all such â—ases the right of creating a Protector to executâ— regall power sommon Parliaments assent to Lawes is â—nely in the g Walsingh Hist Angl. A. 1422. p. 458. Speed p. 1108. Grafton p. 496. 447. 648. Fabian p.
470. Hall f. 176. to 183. Hovâ—den Annal. pars posterior p. 702. 703. 705. 706. Parliament which may in these cases make any publike Acts without the kings personall â—resence or assent and the assent of the Regent or Protector usually created by them shall as firmely â—inde the king as if he had personally consented as is evident by all the Acts of Parliament passed â—uring the Minority of h Acts and Monuments Old Edition p. 705. See Holinshead Speed Grafton in their lives Henry the 3. who was but 9. yeares old Edward the 3. who was but 1â— Richard the 2. who was but 11. yeares old Henry the 6. who was not 9. moneths old Edward the 5. â—ut 12. yeares Henry the 8. not 18. yeares Edward the 6. but 9. yeares of age when they began theiâ—â—aignes and so uncapable of giving any personall consent to Lawes by themselves of which they could not Iudge but by their Protectors and by all Acts made in the absence of King i See Hoveden Annal pars posterior â— 702. 703. 705. 706. Richard the â— Edward the 1. 2. 3. 4. Henry the 3. 2 3 4 5 6 and others out of the Realme all good as apâ—eares by 28. H. 8. c. 17. which altered and 33. H. 8 c. 22. which declareth the Law in these particuâ—ars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-â—iver not the king Eightly the king hath little or no hand in making but onely in assenting to Lawes when they are made by the Houses as the usuall forme of passing Acts Le Roy â—e veult The King wills or â—ssents â—o it not before but after they have passed both Houses imports which assent of his if the Bills â—e publike and necessary for the Common good is not meerely arbitrary at the kings will but the king by oath and duty is bound to give it and the Lords and Commons may in justice demand it of meere right as I shall shew anon His Royall assent then though it be the last act which compleats Acts and makes them Lawes yet since it is but an assent to a Law formerly made by both Houses which he cannot alter in any point yea an assent which the king in honour Law justice duty by â—ertue of his â—oronation Oath is bound to give as appeares by the Prefaces of most statutes the staâ—ute of Provisours 25. E. 3. Parl. 6. 20. E. 3. and other Acts is so farre from proving the king the Supreme power and Lawgiver that it manifests the contrary that this power principally resides in â—oth the Houses not the king Ninthly this is apparant by those Coronation Oathes which Parliaments and the kingdome in * See Edward â—he â—onfessors Lawes c. 17. in Laâ—bard and Fox king Edwards dayes even before the Coâ—quest have anciently prescribed to our kings before they would accept of them for their Soveraignes of which I shall give you a short account a Math. Westm An. 1088. Eadmerâ—s Hist l. 1. p. 13. 14. Maâ—â—aris Hist p. 12. 13. Speed Hist p. 456. Graften p. 21. 22. Malmesâ—ury l. 4. p. 119. 120. After the death â—f William the Conquerour William Rufus his younger sonne in the absence of Robert the elder broâ—her hastens into England to obtaine the Crowne and finding the greatest part of the Nobles against him he gave his solemne Oath and faith to Lanfranâ—e Archbishop of Canterbâ—ry his Tutor that â—f they would make choise of him for their king he would abrogate the over-hard Lawes of his father and â—romise to observe justice equitie and mercy throughout the kingdome in every businesse and defend the â—eace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions â—olentibus omnibus Provincialium animis by the voluntary consent and voyces of all he was chosen k Sir Thomas Smiths Common wealth of England l. 2. c. 2. 3. Cromptons Iurisdiction f. 7. â— Iohn Voâ—el Chronicles of Ireland f. 122. to 130. M. Hackwels Manner of passing Bils Sect. 8. and crowned king Which promise and Oath he soone after breaking saying Who is it that can â—â—â—â—ill all his promises Many of the Nobles levyed warre against him adopting Robert his elder Brother king b Mat. Paâ—â—s p. 52. 53. â—4 Eadmerus Hist l. 2 p. 55. Wil. Masmes â— 5. p. 1â—6 H. â—untin l. 7. p. 378. Roger Hoveden Annal pâ—â—s 1. p. 4â—8 Polych â—â— c. 11. Fâ—bian part 7. c. 226. p. 318 Graft p. 32. Speed p. 466. 467. William Rufus dying Henry the 1. his younger brother in the life of Robert the right heire assembling all the Glergie and people together to London to procure their favour and love to chuse him for their king and Patron he promised the reformation of those Lawes by which England had beene oppressed in the raignes of his Father and Brother To which the Clergie and Nobles answered that if he would with a willing minde reforme those rigorous Lawes remit the Taxes imposed upon the Subjects and by his Charter confirme those ancient Lawes and customes which flourished in the kingdome in the time of Holy king Edward they would unanimously consent to him and consecrate him for their king Which he willingly assenting to and affirming with an oath that he would performe he was by the assent both of Clergie and people consecrated king at Westminster promising by oath to confirme king Edwards Lawes and renounce all oppression in pursuance whereof as soone as he was created he by his Chartar confirmed and reformed divers Lawes for the ease and benefit of his Subjects recorded at large by Matthew Paris Speed and otheâ—s The beginning of this Charter is observable Henry by the Grace of God of England c. Know ye that by the mercy of God and COMMON COVNSEL of the Barons of the kingdome of England I am crowneâ— king And because the kingdome was oppressed with unjust exactions â— out of respect to God and the love I beare towards you all make the Church of God free c. and all the evill customeâ— wherewith the kingdome of England was unjustly oppressed I take from thence which evill customes I here in part set downe And in the end of his Charter he confirmed and restored to them king Eâ—wards Lawes with those amendments of them which his father made by the consent of hiâ— Barons After which those Lawes of his were published through all England and Ranulph Bishop of Durham banished the Court and committed to the Tower for his oppression bribery and otheâ— crimes Henry deceasing c Mat. Par Hist p. 73. Malâ—es Novellae Hist l. 1. p. 178. 179. 180 Henry Hunti l. 8 p. 386 387. Hoveden p. 481 482. Mat. West Aâ—. â—â— 36 p 35. Speed p. 483. 484. Graf p â—1 42 Maude the Empresse his right heire to whom the Prelates and Nobleâ— had sworne fealty in her fathers life time was put by the Crowne by the Prelates and Barrons whâ— thought it
had sworne After â—hich he rightly setled the affaires of England by the counsell of his Nobles and then passed over inâ—o Normandy But how ill he kept this his Oath and others of this Nature and how he violated the â—tatutes of Magna Charta and Dâ— Forresta which he had confirmed with his hand seale oath Proâ—amations the Bâ—shops Excommunications and the Popes Bull within three monethâ— after he had on firmed them and procured a dispensation of his oath and abrogation of these Lawes making â—loody warres upon his Barrons and Subjects who confiding to those confirmations and royall proâ—ises expected no such strange performances spoyling robbing and destroying his people every â—here in the selfe-same manner as we now are plundered * See before p. 5. 8. Graf p. 11. Mat. Paris pâ— 243. to 247. worthy reading and consideration the Histories of his life too manifestly â—â— late which oft put his Crowne in danger of utter losâ—e Lewis of France being crowned king by the â—â—rons in his steed who renounced their allegiance to him for his perjuries and breach of faith and â—aking warre upon them John departing this life his sonne Henry being but 9. yeares old was proâ—aimed king through the peâ—swasion of the Earle Marshall and of Pembroke afterwards made his â—rotector who informed the Lords and Commons h Fox Acts Mon. Ed. tâ—lt v. 1. p. 334 Speed p. 591. that though King Iohn for his evill demeanors â—eserved their persecution and lâ—sse of his crowne yet his young child tender in yeares was pure and innoâ—nt from his fathers doings Wherefore â—ith every man is to be charged with the burthen of his owne transâ—ressions neither shall the child as scriptures teach beare the iniquity of his Fathers they oâ—ght of duty â—nd conscience to beare themselves â—ildly towards this tender Prince and take compâ—ssion of his age And â—r as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt â—llistance APPOINT HIM our King and Governour let us renounce from us Lewis the French kings â—onne and suppresse his people which are a confusion and shame to our Nation and the yoakes of their Serâ—itude let â—s cast from our shoulders Vpon which perswasions Henry was presently proclaimed and crowned king at Glocesler And though he were but an infant yet being i Mat. Paris p. 278. 305. set before the High Altar he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques Ioceline Bishop of Bath dictating the Oath That he would beare honour peace and reverence to God to â—â— Church and Priests all the dayes of his life He likewise swore that he would maintaine right Iustice among the people committed to his Charge And that he would blot out ill Lawes and unjust customes if that should be any in the kingdome and observe good ones and cause them to be kept by all men How well â— observed this solemne oath with many others of like nature made to his Lords and Subjects fâ— confirmation of Magna Charta and their Liberties k In his Edition Tiguri 1589. p. 876. 938. 958. 959 960. Mathew Paris will informe us who writâ— that the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prelaâ—â— and Lords knew not how to hold this Proteus the King for where there is no truth there can be no â—ixâ— confidence That thought he sometimes humbled himselfe confessing that he had beene often bewitched â— ill Counsell and promised with a great Oath solemnely taken upon the Altar and coffin of Saint Edwarâ— that he would plainely and fully correct his former Errors and graciously condescend to his naturall Subject good counsell yet his frequent preceding breaches of oathes and promises sepenitus incredibilem reddiderâ—â— made him altogether incredible so that though he usually heard three Mosses every day but seldome aâ— Sermons as l Hist Angl. P. 1. Walsingham notes yet none would afterwards beleeve him but ever feare and suspâ—â— his words and actions and to avoyd the infamie of perjurie which he feared he sent to the â—opeâ— absolve him from those Oathes he repented of who easily granted him an absolution Such faith and assurance is there in the Oathes and Protestations of Princes to their Subjects whose Politicke capacities oft times have neither soule nor conscience This perfidiousnesse in the king made his long raigâ— full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne aâ— kingdome as our Historians informe us for which he repented and promised amendment at hâ— death m Lib. 3. c. 9. f. 107. Bracton an ancient Lawyer in this kings dayes writes That the king in his Coronation OVGHT by an Oath taken in the name of Iesus Christ to promise these three things to the people subject to hiâ— First that he will command and endeavour to his power that true peace shall be kept to the Church and â— Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities â— all degrees Thirdly That in all Iudgements he will command equitie and mercy that so God who is gracious and mercifull may bestow his mercy on him and that by his justice all men may injoy firme peace Fâ— saith he a King is SACRED and ELECTED to wit by his kingdome for this end to doe justis unto all for if there were no justice peace would be easily exterminated and it would be in vaine to make Lawes and doe justice unlesse there were one to defend the Lawes c. And before the Conquest I reâ— in n Fox Acts and Monuments Edition 1641. vol. 1. p. 214. and Lambards Archaion Leges Edwardi c. 17. Bilson par 3 p. 494. King Edward the Confessors Lawes not onely the Office but Oath of the King whom he anâ— Bracton oft stiles Gods and Christ Vicar upon earth thus excellently described A King ought aboâ— all things to feare God to love and observe his Commandments and cause them to be observed through hâ— whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved sâ—â— as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe justice anâ— judgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King â— his owne person to doe taking his oath upon the Evangelists and the blessed Reliques of Saints swearing â— the presence of the whole state of his Realme as well of the temporalty as of the spiritualty before he â—â— crowned of the Archbishops and Bishops Three servants the King ought to have under him as Vassals fleshly lust avarice and greedy desire whom if he keepe under as his servants and slaves he shall reigne well anâ— honorably in his Kingdome He must doe all things with good advisement and praemeditation and thâ— properly
Soveraigne and violently usurped his Crowne at first before any Parliament â—â—ve it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaughâ—â— in Bosworth field was declared an usurper by Act of Parliament 1. H. 7 c. 6. and so adjudged to by 1 E. 4. c. 1. 8. H. 7 c. 1. 9. E. 4. f. 1. 2. and Henry the 7. had the Crowne set upon his head in the â—â—ld by my Lord Standly as though saith s Page 8 â— â—â— Grafton he had beene elected king by the voyce of the people â— in ancient times past in divers Realmes it hath beene accustomed Secondly that those kings who have enjoyed the Crowne by succession discent or election have still taken it upon the condition and covenants conteined in their Coronation Oathes which if they refused to sweare to the Peeâ—â— and people really and bona fide to performe they were not then to be crowned or received as kings â—â— adjured in the name of God to renounce this dignity And though in point of Law t Cooke 7. Report f. 10. 11. Calvins case Marâ—il Patauinus Defen Pacis pars 2. c. 25. those who enjoy â—â— Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent * Littleton sect 378. 379. Cookes Instit Ibid. f. 232. 233. 234. Condition in Law contained in their Coronation Oathes which impose no new but onely ratifie the old conditions â— separably annexed to the Crowne by the Common Law ever since Edward the Confessors dayes if not â—â—fore as the Oathes of all our kings to their people really to performe thâ—se Articles and Condition fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the kiâ—â— pleasure to take or refuse them if he will but necessary and inevitable by the Law and constâ—â—â—sage of the Realme yea of all v Baldus Proaem de Feud n 32. Dr Crakenth defence of Constantine p. 163. to 175. Grimst Imperiall Hist p. 653. Christian kingdomes whatsoever which prescribe like Oathes to tâ—â— kings From all which I may firmely conclude that the whole Kingdome and Parliament are â—â— Supreame Authoritie and Paramount the king because they may lawfully and doe usually prescrâ—â— such conditions termes and rules of governing them to him and binde him by Oath faithfully to perfoâ—â— the same as long as he shall continue king which oath our kings usually tooke or at least faithfuâ—â— promised to take to their Subjects in ancient times before ever they did or would take an Oath â— fealty homage or Allegiance to them as the premises evidence Claus Rot. 1. R. 2. M. 44. Tenthly Our Parliaments and kingdome anciently in times of Popery and Paganisme â—â— both challenged and exercised a Supreame power over the Crowne of England it selfe to transfeâ—â— it from the right heire and setled it on whom themselves thought meete to elect for their King â—â— likewise to call their Kings to an account for their misgovernment and breach of Oath to the prejudice of their people so farre as to article against them and either by force of Armes or a judicâ—â— sentence in Parliament actually to depose them and set up others in the Throne as many * See Fortescue c. 12. to 15 Iohan. Mar. de Rege Regis Instit l. 1. â— 7. 8. 9. foreciâ—â— presidents together with the examples of Archigallo and Emerian two ancient British Kings and Edwin King of Mercia deprived of allhonour and Kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression misgovernment and vicious lives and others elected and made Kings their places evidence which Acts of theirs they then reputed just and Legall Those Parliament then and Nationall Assemblies which have thus disposed of the Crowne and Kings themselves and exercised such jurisdiction over them must certainely be above them and the highest Soveraingâ— power True it is our Protestant Peeres Commons and Parliaments never challenged nor exercised such jurisdiction and I presume they will never doe it However it is neither honourable nâ—â— safe for Kihgs and the most destructive policy their ill Counsellours can suggest unto them so faâ— to oppresse their Subjects or exasporate their Parliaments as to provoke them to use the extremity x See p. 4. 5. 6. their power and revive dead sleeping presidents the consideration whereof when they were fresh mâ—â— succeeding Kings more just and moderate in their governments and reclaimed many Vitious and Oppressâ—â—â— * See Mat. West Jeofry Monmouth Polych Fab. Graft Holin Speed in their lives Princes as Archigallo and others witnes for their reliefe We know what Solomon saith y Eccles 7. 7. Surely â—â—pression maketh a wise man mad and if Kings or their evill Instruments shall so farre mad their Subject and Parliaments either by oppressions rapines misgovernment destroying making warre upon them putting them out of their protections as to make them cry out as they did against King Iohn z Mat. Par. p. 264. 265. 268. Grafton p. 111. 112. Bishop Bilson part 3. p. 480. Rex Iohâ—nes factus est de Rege Tyrannus imo de homine in â—estialem praerumpens feritatem Veâ— tibi Iohanni Regâ— ultime Anglorum Principum abominatio Nobilitatis Anglicanae confusio Heu Anglia vastata â— plius vastanda c. Whereupon presently ensued a Nolumus hunc regnare Tandemque decretum â— ut aliquem potentem in Regem eligerent per quem possint ad possessiones prisâ—inas revâ—cari credentes â— nuâ—lus Iohanne peior vel durior possit dominari tale miserabile statuentes argumentum Fortuna miserima tuta est Nam timor eventus deterioris abest Cumque aliquandiâ— quem eligerent â—aeâ—itâ—ssent demum in hoc pariter consensâ—runt ut Ludovicum filâ—â— Philippi Regis Francorum sibi praeficerent ipsum in Regem Angliae sublimâ—rent Which they did King Iohns their owne and the whole kingdomes great prejudice We know what the ill advise of Râ—â— boams rough young Counsellors produced 2 Chron. 10. And the King answered the people roughly â—â— the advice of the young men saying My father made your yoake heavie but I will adde thereto â— * See 2 Chro. 10. 11. father chastised you with whips but I will chastise you with scorpions And when all Israel saw that â— king would not harken unto them the people answered the King though he came to the crown by succeâ—â— on saying What portion have we in David and we have none inheritance in the Son of Iesse every maâ— your tents O Israel and now David see to thine owne house So all Israel went to their tents and eleâ—â— Ieroboam for their King and fell away from the house of David to this day being never after united to â— but continuing a distinct Kingdome from it wherefore the best policy Kings can use to perpetuate their Thrones to them and their Posterity is to â—â—â—at their Subjects so
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 aâ—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 compeâ—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 Heâ—res misgovernment and câ—ntroversies abâ—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 foâ— this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of fealâ—y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmesâ—wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10â—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 Oxfoâ—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 Westâ—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 Parâ—iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none oâ— the Danish blood should any more Reigne over them was elected King and declared â—ight Heire to the Crowne Anno 1126. k Hoveden Hunâ—ingdon Matthew Westminster Matthew Paris Walsingham Polychronicâ—n Fabian Anno 1126. Speed p. 477. See Hoâ—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 â—er As much as in them lay after King Henries death if â—e dyed without issue male to establish â—er Queene â—f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyseâ—â—us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres â—o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris â— 82 83. Speed p. 497. Hoveden p. 490. Hunâ—indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty â— Walâ—ingford where by the advise of the Lords they made this accord That Stephen if he would should â—eaceably hold the kingdome during his life and that Henâ—y should be his adopted Sonne and Successor enjoy â—he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should â—weare that Henry after the Kings death if he suâ—vived him should Pâ—ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parlâ—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 inâ—erit lands in England The King to cleare all doubts and ambiguities in this case and to have the Laâ— herein reduced to ceâ—tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliamâ—nt in the 25. yeare of his Raigne to deliberaâ—â— 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 â—â— 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
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 parâ— 7. p. 376. Speed p. 763. King Henry the fourth the â—etâ—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 oâ— his raigne to be entailed and setled on himselfe and the heires of his body begotten and Prince Henry hiâ— eldest sonne to be established pronounced ordained and decreed heire apparant to him and to succeed hiâ— in the said Crownes and Realmes to have them with their appurtenances after the Kings death to him anâ— the heires of his body begotten And if he should die without heire of his body begotten then to remaine to thâ— Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lorâ— Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for tâ—â— 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 â—e plenteously served of all things necessâ—ry both for viande and apparell and if any persons should presume to reare warre or congregate a multitude â—o deliver him out of prison that then he should be the first that should die â—or that sediâ—ious commâ—tion Which King Richard as * Fabian part 7. p. 373. Sir John Bâ—got by his Bill exhibited to this Parliament averred hâ—â— divers times at sundry Parliaments in his time holden said that he would have his intent and pleasurâ— concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde bâ— would by one meanes or other bring him out of his life And further said to him at Lichfield in the one â—â— twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons haâ—â— him in â—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 â—â—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 Anâ—o 1441. p. 470. Grafton p. 643. to 648. Holins Stow Howes An. 1440 144â— In the yeares 1440. and 1441. Edward Duke of Yorke came into the Parliament House anâ— there in a large Oration laid claime and set forth his Title to the Crowne of England which King Heâ—ry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene theâ— both â—ides submitting to their resolution as the proper Judges of this weighty royall controversie After lonâ— debate and consideration of the case among the Peers Prelates and Commons of the Realme it wâ—â— finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yeaâ—â— and more that he shâ—uld enjoy the name and title of King and â—ave pâ—ssessiâ—n of the Realme during his nâ—turall life And if he either died or resigned or FOR FAITED THE SAME for breaking â—â— part of this concord then tâ—e said Crowne and authority royall should immediately descend to the Duke â—â— Yorke King Edward the 4. his Father if he then liveâ— â—r else to the next heire of his line And that the sâ— Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the Kiâ—â— did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the deâ—â— of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke Tâ— TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed â— swore to and then caused them to be enacted Loe here we have these two Kings submiting their Titles â— the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraigâ— Judge betwene them who settled the Crowne in this order under paine of â—orfeiting it by Kiâ—â— Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in â—â— full age as o Historia Angliae p. 458. Parliamentum fuit câ—nvâ—catum in quâ— Parliamento ex assensu omnium Statuum idem Dux Defensor seu Protector Angliae fueraâ— nominaâ—us ordinaâ—us omniaque Regni offâ—cia beneficia ejus dispositioni sunt commissa Walsingâ—am informes us a Parliament câ—nstituted Duke Humsry to be protector of hiâ— and hâ—s Kingdome of England and the Duke of Bedford to â—e Regent of France during his minority whâ— exercised all regall power by vertue of that authority which the Parliament derived to them Aâ—â— 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 haâ—â— formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it â—â— akered or reversed by another Parliament King q Speeds Hist p. 928. 931 Richard the third comming to the Crown by usurpâ—tion to strengthen his Title procured the Lords and Commons to passe an Act of Parliament where in thâ— declare him to be their lawfull King both by election and fuccession entaile the Crowne upon him and the heiâ—â— â—f his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in â—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 teachâ—th that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled â—n Parliament and by the Authority of the â—ame makes before all other things most faith and certainty and â—uieting of mens mindes removeth the occasion of all doubts and seditious language r Halls Chro. 1 H. 7. f. 855. Henry the seventh afâ—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 setâ—le the inheritance of â—he Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace â—f God so to endure and on none