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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56211	The soveraigne povver of parliaments and kingdomes divided into foure parts· Together with an appendix: wherein the superiority of our owne, and most other foraine parliaments, states, kingdomes, magistrates, (collectively considered,) over and above their lawfull emperours, kings, princes, is abundantly evidenced, confirmed by pregnant reasons, resolutions, precedents, histories, authorities of all sorts; the contrary objections re-felled: the treachery and disloyalty of papists to their soveraignes, with their present plots to extirpate the Protestant religion demonstrated; and all materiall objections, calumnies, of the King, his counsell, royallists, malignants, delinquents, papists, against the present Parliaments proceedings, (pretended to be exceeding derogatory to the Kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. By William Prynne, utter-barrester, of Lincolnes Inne. It is on this second day of August, 1643. ordered ... that this booke ... be printed by Michael Sparke ...; Soveraigne power of parliaments and kingdomes	Prynne, William, 1600-1669.	1643 (1643)	Wing P4087A; ESTC R203193	824,021	610

the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all the 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 unworthy services worse then villenage that they call and repute them their Popes vassals curs packe-asses with Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their own Authours and practise I shall refer them to Doctor Richard Crackenthorps Booke Of the Popes temporall Monarc●y chap. 1. p. 1. to 27. worthy any mans reading to Iohn Bodins Commonwealth Lib. 1. cap. 9. Bishop Iewels view of a Seditious Bull and Doctor Iohn 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 meete and necessary he should excommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all protestant Princes or oppressors of the Common-wealth That as soone as such Princes are actually excommunicated or notoriously knowne to be Heretickes or Apostates their Subjects are ipso facto absolved from their governme●t 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 hereticall tyrannicall 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 heroicall but meritorious act worthy the highest Encomiums and a Saint-ship in the Roman Calender These two last propositions you may read abundantly proved by the words of Popish writers and forty examples of severall Emperours Kings and Princes which Popes and Papists have excommunicated deprived violently assaulted and murthered in Doctor Iohn Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. p. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Iewels view of a seditious Bull in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3. throughout Aphorismi Doctrinae Iesuitarum King Iames his Apology against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fifth of November to which I shall referre the Reader What security or protection then of his Majesties royall person Crowne Kingdomes can now be expected from our popish Recusants infected with these trayterous 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 Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like to receive from this popish Army the late Gunpowder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safety the Kingdome may expect in Church of State whiles Popery and Papists have any armed power or being among us Doctor Iohn White hath long since proclaimed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it hath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the Great his time but the Pope and his ministers have had a hand in it All these ill advisers to colour their close designe of re-establishing Popery principally intended can alleadge for arming Papists against Law is That the Parliament hath trayterously invaded the Kings Prerogatives in a high degree claimed a power and jurisdiction above his Majesty in sundry particulars yea usurped to its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolences and reduce the Parliament to its due limits his Majesty is now necessitated to raise an Army and pray in ayde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall and loyall to his Majesty in this service To answer which pretence more fully though it be for the maine most palpably false yet by way of admission onely I shall suppose it true and with all possible brevity manifest That Parliaments Prelates Peeres Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of all others have least cause to taxe the Parliaments proceedings and those ill Counsellors and his Majesty small reason to imploy or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its Advocates with its approbation affirme that the Parliament being the representative Body of the whole Kingdome is in some respects of greater power and authority then the King who though he be singulis major yet he is universis minor which is contrary to the Oath of Supremacy wherein every Subject doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SUPREAME GOVERNOUR of this Realme c. as well in all Spirituall or Ecclesiasticall causes as Temporall and a kinde of unkinging his Majesty no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broachers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his reigne lib. 2. cap. 16. f. 34. a. resolves thus But the King hath a SUPERIOUR to wit God Also the Law by which be is made a King likewise HIS COURT namely the EARLES AND BARONS because they are called Comites as being THE KINGS FELLOWES or companions and he who hath a fellow or associate hath a MASTER and therefore if the King shall be without a bridle that is without Law THEY OUGHT TO IMPOSE A BRIDLE ON HIM unlesse they themselves with the King shall be without bridle and then the Subject shall cry out and say O Lord Iesus Christ doe thou binde their jawes with bit and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are above the King and ought to bridle him when he exorbitates from the Law which he also seconds in

the Venetians by pretext of a certain imaginary adoption which without force had been plainly ridiculous to have taken the Kingdom of Cyprus Nor yet doth the Donation of ●onstantine to Pope Sylvester hinder for this Chaffe seemed absolete long since to Gratian and is damned to the fire Not the donation of Lewes the godly to Pas●hall to wit of Rome with part of Italy because Pius gave that which he possessed not and no man resisted But Charles his Father willing to subject the Realm of France to the German Empire the French resisted him by law and if he had gone further they prepared to resi●● by force Not that Solomon as we read delivered twenty cities to Hiram King of Tyre for he did not give them but pawned them as a Creditor till he paid him and within a short time recovered them which appears out of the Text Moreover also they were barren grounds tilled by Reliques of the Heathens which he receiving again from Hiram gave them at last to the Israelites to be tilled and inherited Neither can this more hinder that in certain Kingdoms this condition perchance doth not so expresly intervene betweene the King and his people for albeit it were not at all yet it appears by the law of Nations that Kings are not subverters but Moderators of the Republike that they cannot change the right of the Commonwealth by their pactions that they are Lords onely when they take care of their Pupils that they are to be accounted no other then Guardians and that he is not to be esteemed a Lord who spoils the City with liberty and selleth it like a slave Not finally that certain Kingdoms are gained by Kings themselves for they acquired not Kingdoms by their owne but by publike hands forces treasures now nothing is more consonant to reason then that those things which are gotten by the publike riches and common dangers of the Citizens should not be alienated without common consent which holds place even amongst Theeves themselves he destroyeth humane society who doth the contrary Therefore though the French have by force seized on the German Empire and they also on the Realm of France yet the same law holds in both In sum at last we ought to determine that Kings are not Proprietors nor Fructuaries but onely Administratours and since it is so that verily they can much lesse attribute to themselves the propriety and profits of every mans private Estate or of the publike wealth which belongeth to every Town Thus and much more this accute learned Lawyer to the conviction and refutation of all opposite Ignoramusses in this case of grand concernment which will put a period to our unhappy controversies concerning the Militia formerly discussed without further debate Eighthly That Emperours and Kings are most solemnly obliged by a Covenant and Oath usually made to and before all the people at their Coronations to preserve their peoples lawes liberties lives estates by breach whereof in a wilfull excessive manner they become perjured Tyrants and the people and Magistrates are in some sort thereby absolved from their Allegiance and all obedience to them This is evidently and plentifully confirmed by the forecited Coronation Oathes and Covenants of our own English Kings to their subjects by De Iure Magistratus in Subdit●s q●aest 10. p. 321. 322. and quaest 6. p. 260. to 300. Andrew Favine his Theatre of Honour lib. 2. c. 11. 24. Francisci Hotomani Franco-gallia cap. 6. 10. c. Hugo Grotius de Iure Belli Pacis 1. 2. c. 13. 14. Pontifi●ale Romanum Rome 1611. fol. 162. 163. Descriptio Coronationis Maximiliani Imperatoris Anno 1486. inter rerum German Scriptores Tom. 3. p. 32. Olaus Magnus de Gent. Septentrionalibus Hist. l. 14. c. 6. Laur Bochellus decreta Ecclesiae Gallicanae l. 5. Tit. 2. c. 1. p. 703. M. Iohn Seldens Titles of Honour part 1. ch 8. sect 5. p. 198. 214. 225. 226. where the Coronation Oathes of the Emperour French King of all the Northern Kings and of most Elective and Successive Kings and Queens to their Subjects are at large recorded Alhusius Polit. c. 4. Iustus Eccardus de Lege Regia Thomas Aquinas de Reg. Principis c. 6. 2. qu. 2 ae 12. art 2. Iohn Ponet Bishop of Winchester in his Politicall Government Arnisaeus de Authoritate Principum p. 50. to 123. Sparsim Vesquius contro Illustr passim Ioannis Mariana de Rege Regis Instit. l. 1. c. 6. 7. 9. Georg. Bnchanon de lure Regni apud Scotos Simancha Pacensis de Catholica Instit. Tit. 23. n. 11 p. 98. Franciscus Tolletus in summa l. 5 c. 6. Huldericus Zuinglius Explan Artic. 40. 41. 42. And to omitall others Iunius Brutus in his Vindiciae contra Tyrannos quaest 3. p. 156. to 167. with whose words I shall fortifie and irradiate this position We have said that in constituting a King a double Covenant is entred into the first between God the King and people of which before the second between the king and the people of which we are now to treat Saul being ordained king the royall law was delivered to him according to which he should rule David made a Covenant before the Lord in Hebron that is calling God to Witnesse with all the Elders of Israel who represented all the people and then at last he was annointed king Ioas also made a Covenant with all the people of the land in the house of the Lord Iehoiada the high Priest going before them in words Yea the testimony is said to be imposed on him together with the Crown which most interpret the Law of God which every where is called by that name Likewise Iosiah promised that he would observe the Precepts Testimonies and Statutes comprized in the book of the Covenant by which names we understand the Lawes which appertained as well to piety as to justice In all which places of Scripture a Covenant is said to bee made with all the people the whole multitude all the Elders all the m●n of Iudah that we may understand which is likewise severally expressed not onely the Princes of the Tribes but likewise all the Chiliarkes Centurions and inferior Magistrates were present in the Name of the Cities which every one a part by themselves made a Covenant with the king In that Covenant they consulted of creating the king for the people did make the king not the king the people Therefore there is no doubt but the people made the Covenant and the King promised to perform it Now the part of him that makes the Covenant is reputed the better Law The people demanded of the King whether he would not rule justly and according to the Lawes Hee promised that he would doe so wherupon the people answered That hee reigning justly they would faithfully obey him Therefore the King promised obsolutely the people but upon condition which if it were not fulfilled the people by the Law it selfe should bee reputed absolved from all obligation

In the first covenant or Pact Pietie comes into the obligation in the second Iustice In that the king promiseth that he will seriously obey God in this that he will justly rule the people in that that he will take care of the glory of God in this of the benefit of the people in that there is this condition If thou shalt observe my Law in this If thou shalt render Iustice to every one Of that if it be not fulfilled God properly is the avenger of this lawfully all the people or the Peers of the Realm who have taken upon them to defend all the people Now in all just Empires this hath been perpetually observed The Persians having duely finished their sacrifices made this agreement with Cyrus Thou first O Cyrus if any make warre with the Persians or violate the Lawes doest thou promise to ayde thy Countrey with all thy might And as soon as he had promised We Persians say they will be aiding to thee if any will not obey thee defending they Countrey Xenophon calls this agreement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a Confederation as Socrates an Oration of the duty of Subjects towards their Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Between the kings of Sparta and the Ephori a Covenant was renewed every month and as the kings did swear That they would reign according to the Laws of the Countrey so the Ephori If they did so that they would establish the Kingdom in their hand Likewise in the kingdom of the Romanes Romulus made this contract with the Senate and people That the People should make Lawes that the king himself would keepe the Lawes made That the People should decrée Warre himself wage it And although many Emperours obtained the Empire of the Romans rather by force and ambition then by any right and by the Royall Law as they call it arrogated all kinds of power to themselves yet the* fragments of that Law which are extant as well in Books as in Roman inscriptions sufficiently reach that a power was granted them of caring for and administring not of subverting the Common-weal and oppressing it by tyranny Moreover even good Emperours professed that they were bound by the Lawes and acknowledged their Empire received from the Senate and referred all the weigh●iest affaires to the Senate and they judged it unlawfull to determine any thing of great publike concernment without their aduice But if wee behold the present Empires there is not one of them which may be thought worthy of that name wherein there is not some such Covenant intervening between the Prince and Subiects In the German Empire not long since the King of Romanes being to be crowned Emperour was wont To make Fealty and Homage to the Empire no otherwise then a vassall or tenant to his Lord when he received investiture of his Lands And although the conceived words to which he sware be a little changed by Popes yet the same thing remains perpetually Therefore we know that Charles the 5. of Austria was created Emperour upon certain Lawes and conditions as likewise others who have succeeded him of which the summe was That he would keep the Lawes enacted That he would make no new Lawes without the Electors consents that he would determine publike affaires in a publike Counsell that he would altenate or pervert none of these things which pertained to the Empire with other things which are severally recited by Historiagraphers And when as the Emperour is crowned at Achen the Archbishop of Colen first demands of him Whether he will not defend the Church administer justice preserve the Empire protect Widowes Orphans and all worthy of pitty which when he hath solemnly sworn to perform before the Altar the Princes and those who represent the Empire are demanded whether they will promise to fealty him Neither yet is he first annointed or receives a sword of purpose to defend the Republike or other Ensignes of the Empire before that he shall have taken that Oath From whence verily it is manifest that the Emperour is purely obliged the Princes of the Empire upon condition onely No man will doubt but that the same is observed in the kingdom of Poland who shall understand the ceremonies very lately observed in the Election and Coronation of Henry of Angiers especially the condition propounded to him of conserving both Religions as well the Evangelicall as Roman which the Nobles thrice demanding of him in set forme of words he thrice promised to perform In the Hungarian Bohemian and other kingdomes which would be over-long to recite the very same is done Neither onely where the right of Election hath continued yet entire hitherto but likewise where meer succession is commonly thought to take place the very same stipulation is wont to intervene When the King of France is crowned the Bishops of Laudune and Belvace ecclesiasticall Peers first demand of all the people that are present Whether they desire and command him to be King Whence even in the very forme it self of inauguration he is said To be elected by the People When the people Seem to have consented he sweares That he will universally defend all the Lawes Priviledges and Rights of France that he will not alienate his demesnes and the like I shall here insert the Oath out of Bochellus Mr. Selden and others intirely thus Archiepiscopt Ammonitio ad Regem dicendo it a in the name of all the Clergy A vob is perdonari petimus ut vnicuique de Nobis Ecclesis nobis Commissis Canonicum privilegium debitam legem atque justitiam conservatis defensionem exhibeatis sicut Rex in Regno suo debet unicuique Episcopo Ecclesiae sibi Commissae Responsio Regis ad Episcopos Promit to vobis perdono quia vnicuique de vobis Ecclesiis vobis commissis Canonicum privilegium debitam legem atque justitiam conservabo defensionem quantum potuero exhibebo Domino adjuanente sicut Rex in suo Regno unicuique Episcopo ecclesiae sibi commissae per rectum exhibere debet Item● haec dicit Rex p●omittit firmat juramento Haec populo Christiano mihi jubdito in Christi nomine promitto In primis Vt Ecclesiae Dei omnis Populus Christianus veram pacem nostro arbitrio in omni tempore servet superioritatem jura Nobilitates Coronae Franciae inviolabiliter custodiam ET ILLA NEC TRANSPORT ABO NEC ALIEN ABO Item ut omnes repacitates omnes iniquitates omnibus gradibus interdicam Item ut in omnibus judiciis aequitatem misericordiam praeoipiam ut mihi vobis indulgeat persuam misericordiam cl●mens misericors Dominus Item de terra mea ac jurisdictione mihi subdita universos Haereticos Ecclesia denotatos pro viribus bona fide exterminare studebo Haec omnia praedicta firmo juramento Tum manum apponat Libro librum osculetur These things though they have been altered and are farre different