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A88244 Regall tyrannie discovered: or, A discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the trusters, and never ought other wise to be administered: ... In which is also punctually declared, the tyrannie of the kings of England, from the dayes of William the invader and robber, and tyrant, alias the Conqueror, to this present King Charles, ... Out of which is drawn a discourse, occasioned by the tyrannie and injustice inflicted by the Lords, upon that stout-faithful-lover of his country, and constant sufferer for the liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following positions are punctually handled ... Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten members of the House of Commons: which house, is the absolute sole lawmaking, and law-binding interest of England. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2172; Thomason E370_12; ESTC R201291 90,580 119

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Regall Tyrannie discovered OR A DISCOURSE shewing that all lawfull approbational instituted power by GOD amongst men is by common agreement and mutual consent Which power in the hands of whomsoever ought alwayes to be exercised for the good benefit and welfare of the Trusters and never ought other wise to be administred Which whensoever it is it is justly resistable and revokeable It being against the light of Nature and Reason and the end wherefore God endowed Man with understanding for any sort or generation of men to give so much power into the hands of any man or men whatsoever as to enable them to destroy them or to suffer such a kind of power to be exercised over them by any man or men that shal assume it unto himself either by the sword or any other kind of way In which is also punctually declared The Tyrannie of the Kings of England from the dayes of William the Invader and Robber and Tyrant alias the Conqueror to this present King Charles Who is plainly proved to be worse and more tyrannicall then any of his Predecessors and deserves a more severe punishment from the hands of this present Parliament then either of the dethroned Kings Edw. 2. 01 Rich. 2. had from former Parliaments which they are bound by duty and oath without equivocation or colusion to inflict upon him He being the greatest Delinquent in the three Kingdoms and the head of all the rest Out of which is drawn a Discourse occasioned by the Tyrannie and Injustice inflicted by the Lords upon that stout-faithful-lover of his Country and constant Sufferer for the Liberties thereof Lieut. Col. John Lilburn now prisoner in the Tower In which these 4. following Positions are punctually handled 1. That if it were granted that the Lords were a legall Jurisdiction and had a judicative power over the Commons yet the manner of their dealing with Mr. Lilburn was and is illegall and unjust 2. That the Lords by right are no Judicature at all 3. That by Law and Right they are no Law-makers 4. That by Law and Right it is not in the power of the King nor in the power of the House of Commons it selfe to delegate the legislative power either to the Lords divided or conjoyned no nor to any other person or persons whatsoever Vnto which is annexed a little touch upon some palbable miscarriages of some rotten Members of the House of Commons which House is the absolute sole law-making and law-binding Interest of England Hos 8. 4. They have set up Kings but not by me They have made them Princes and I know it not LONDON Printed Anno Dom. 1647. The Printer to the Reader IF thou beest courteous Reader contribute but thy Clemency in favourable correctiting the Errata's notwithstanding much due care had in so publike a work as this is as we must acknowledge lye dispersed therin Pag. 1. line 2. for 32. read 33. p. 4. l. 11. for fifthly r. sixthly p. 7. 59. r. in the world see Hos 8. 4 p. 8. l. 17. for they r. he knowing that when he p. 10. l. 20. for Rom. r. revelation l. 29. r. Dan. 43. p. 11. l. 6. for against r. but by l. 38. for name r. hand p. 12. l. 2. r. and as he l. 16. sor 23. r. 33. l. 38. for his r. their p. 13. l. 24 sor ver 11 r chap. 8. ver 11. p. 15. l. 30. for trivial r cruel p. 16. l. 2. for rule r. cover p. 18. l. 16 for and his r. and her p. 19. l. 34. for rerforme r. performe p. 21. l. 1. blot out years of his l. 27. for this r. of this King l. 31. for most r. most base p. 23. l. 4. for 16. r. 6. p. 24. l. 10. for them r. him l. 25. for Realm granted him the ninth peny r Realm dear besides the 9. peny they granted formerly at one time for them to his Predecessor p. 26. l. 20. r have had l. 31. r. unusuall l. 35 r. after this p. 27. l. 2. r. uncounselable l. 26 r late King p. 34. l. 3. 457 r 655. l. 6 264 r 462 p. 39 l. 26 after Charles r but all his Predecessors received their Crown and Kingdom conditionally by contract agreement I doubt not but the present K. Ch his c. p. 40 l. 10. r. by but a l after Kingdō r that there shold not much more be an account of his Office due to this Kingdom it selfe p. 45 l. 23 after people r and comes lineally from no purer a fountain and well-spring then from their Predecessors l 25 blot out Dukes p 48. l. 29. that put in if after p. 56. l. 8 404 406 r. 504 506 p. 59 l. 34 1641 r. 1646. p. 60 l. 10 2 Sam 7 13 r. 1 King 12 1. p. 61 l. 17 at the end of justly r. come by and. l. 18 at the end of Prophet r. to K. Rehoboam who had assembled 18000. chosen men which were Warriers to go fight against the house of Ifrael p. 72 l. 2 in the margent for 254 r 264 l. last of the marg for 4 r. 467 p. 73 l. 15. 16 marg after 29 insert 46. after Rot. 2 insert 4 p. 75 l. 1 in marg for 5 r. 9 4 for 8. r. 18 in marg for 27. r. 2 part l. 9. for 58 r. 38. p. 76 l 19 for own r. other p. 77 l. 9. in marg 22 r. 102. p. 79 l. 1. abeas r. Habeas p. 81 l. 24 r. to deliver to l. 35 r. at which p. 84. l. 2 after his honesty r. his judges cariage l. 7 for Lordships r. Lobby p. 86 l. 26 blot out Dukes p 87 l 1 practises r. prises p. 88 l. 9. King r. Duke p 91 l. 13. r. and afterwards in England made Odo p. 92. l. 2. 3. r. of whose estate l. 36. for unindivalid r. unvalid p. 94 l. 21. r. conquirendum tenendem sibi heredibus adeo libere per gladium sicut ipse rex ten●it Anglia p. 95. l. 36. r. Comissioners p. 96. l 27. for incursion r. innovation p. 97. l. 23. r. But in the Knights p. 97. l. 3. in the marg for 84 r. 8 4 7. p. 98. l. 8. for nor r. for p. 101 l. 12. for 1646. r. 1645. A Table of the principall Matters contained in this ensuing Discourse A ANger of God against Israel for their choice of a King pag. 14. Abuses checkt pag. 25. Acts of the Parliament pag. 33. Appeal of Lient Col. Lilburn to the House of Commons how approved on there pag. 64. Arlet the Whore William the Conquerors Dam page 87. Arlet the Whore marryed to a Norman Gentleman of mean substance pag. 91 B. Bastardly Fountain of Englands Kings pag. 15. Bellamy pag. 1. his basenesse pag. 2 3. Bookes of L. C. Iohn Lilburn before pag. 3. and since the Parliament pag. 3 4 8 Books against L C. Lilburn p. 1. 4. Barons Wars p. 30 31. Behaviour of L. C. Lilburn
in the House of Lords p. 64. 65 69. Barons in Parliament represent but their own persons p. 97. C Challenges against the Lords p. 5. pag. 70. Clergy base inslavers of this land of old p. 89 90 93 94. Contents of this Discourse p. 6 62. Common-Councel p. 27. Charles-Stewarts jugling pag. 50 51. Charles Stewart not GOD but a meer man and must not rule by his will nor other Kings but by a Law pag. 9 10 11. Charles Stewart received his Crown and Kingdom by contract p. 33. and hath broken his contract pag. 9 14 41 42 43 50 51 52 57. Charles Stewart confuted in His vain proud words p. 32 33. Charles Stewarts Confession and Speeches against himself p. 40 41 56 57. Charles Stewart as Charles Stewart different from the King as King p. 35. Charles Stewart guilty of Treason p. 52 53 54 55 57. C. R. ought to be executed p. 57. D Dukes of Normandy first second third fourth fifth sixth and seventh p. 87. Dukes Marquesses and Viscounts not in England when the great Charter was made p. 98. Davies Sir I. Clotworthies friend his basenesse pag. 102 103 104 105 106. E Edwardus R●x Segnier pag. 15 16 88. His gallant Law p. 16. Edward the second p. 26 27 57 58. deposed and his eldest Son chosen p. 27 58 59. Edward the third pag. 27 28 29 30. Excommunication for infringing Magna Charta p. 28. Edward 4. and 5. p. 30 31. Earl of Manchesters and Colonel Kings basenesse p. 49 10● Englishmen made slaves by the Normans p. 90. F False imprisonment it is to detain the prisoner longer then he ought p. 81. First Dake p. 9● First Marquesse First Viscount First Parliament in the 1● of H. 1. see pag. 17. G Government by Kings the worst government of any lawfull Magistracie p. 14. Greenland Company oppressors pag. 101. H Heathens more reasonable then the Lords p. 2. House of Peers illegality p. 43 45 86. and basenesse to the people pag. 44. Henry the 1. p. 17. Henry Mauds eldest son King after Stephen p. 19. Henry the 3. crowned and his basenesse p. 22 23. Henry the 4 5 7 and 8. p. 30 31. Hunscot the Prelates Catchpole now the Lords Darling p. 83. I John brother to R. the 1. chosen King p. 19. His basenesse to the Common-wealth p. 20 21 39. His end p. 22. Judges corrupt p. 23. Imprisonment of L. C. Lilburn p. 63 66. Ireland in her distressed condition cheated and couzened by Sir John Clotworthy and his friend Davies p. 102. to p. 106 K King is intrusted p. 34. Kings tyrannicall usurpation none of Gods institution pag. 7. 8. Kings subordinate to Lawes by God p. 8. and men p. 9 18 19 23 24 26 27 28 29 31 32 33 34 35 36 39 40 41 42 43 52 53 85 86. Kings must not be imposed but by the peoples consents p. 7. 20 32 41 60 61. Kings deposed p. 27 58 59 98. Knights Citizens and Burgesses represent the Lawes p. 97. King no propriety in his Kingdome p. 34. or Cities thereof or Jewels of the Crown and as King not so much as the Subjects in the Kingdoms pag. 32 38. Kings illegall Commands obeyed punished pag. 35 52 53 54. Kings are lyable to be punished pag. 41 59. K. Harrold p. 84 94. L Lawes made this Parliament pag. 33 34. Lieutenant of the Towers basenesse against L. C. Lilburn pag. 5. 48. Lords cause of loosing the Kingdome at first p. 93. Lords no legislative power by consent of the people p. 45 46. Lords may not lawfully sit in the house of Commons pag. 98 99. Lords contradict themselves p. 63. Lords power wholly cashiered p. 40 47 92. Lords overthrown by the Law see p 72. to p. 78. Lords illegality and basenesse against L. C. Lilbarn pag. 47 48. 65 66 67 84. proved so to be p. 62. 81. Lords no Judges according to Law p 69. Lawes included though not expressed Kings must not violate pag. 62. Lords no Judicature at all p. 84 85 86. M Maud p. 17 18. the Empresse taketh K. Stephen in bat tel p. 18. Massacre of the Jewes in England when pag. 19. Magna Charta what it is p. 26. Magna Charta's Liberties confirmed by Hen. the 3. p. 24. And by Edw. the 2. p. 27. And by Edw. the 3. p. 28 29. Members of the House of Commons taxed p. 100 101 102. Merchant-Adventurers p. 99. overthrown p. 42. N Normans whence they came pag. 86 87. Ninety seven thonsand one hundred ninety and five pounds which was for Ireland pursed by 4 or 5 privare men see p. 103 O Orders Arbytrary and illegall against L. C. Lilburn p. 2 47 48. 63 64 66. Odo the Bishop a Bastard seeketh to be Pope pilleth the Kingdom pag. 91 92. Oaths of Kings at their Coronation p. 19 26 28 31 32 33. Oath of K. Stephen p. 18. Oath of Justices p. 29. Objection about H. 8. alteration of the Oath of Coronation answered by the Parliament p. 32. Order of the house of Commons for L. C. Lilburn p. 84. Originall of the House of Peeres pretended power p 94. P Petition of Right confirmed p. 33. the Lords break it p. 2. Petition of L. C. Lilburns wife p. 72. to p. 78. Postscript of L. C. Lilburns p. 6. People must give Lawes to the King not the King to the people p. 85. Popes judgment refused by the people to be undergone by the King as insufferable p. 26. Power of Lords both of judicative and legislative throwne down p. 92 93. Parliament what it is p. 34. their institution p. 95. The manner of holding them p. 95. how kept p. 97. Parliaments greatnesse p. 34 36 37. Prerogative Peerage flowed from rogues p. 86 87. Proceedings of the Lords against L. C. Lilburn condemned by the Commons p. 64. Parliaments kept in old time withou t Bishops Earles or Barons Pag. 96 97. Q Questions of great consequence pag. 101 102. R Rehoboams folly pag 60 61. Richard the 1. pag. 19. Remedy against fraud p. 26. Richard the 2. p. 30. Deposed p. 30. Richard the 3. p. 30 31. Rebellion of the King 90 51. Rewards conferred by William the Conqueror upon his assistants p. 90 91. S Sir John Clatworthies basenesse p. 102. to 106. Stephen Earle of Bollaigne chosen King by free election p. 18. When hee was imprisoned by Maud p. 18 19. the people restituted him out and he was set up again p. 18. Sheriffes of London Foot and Kendrick their illegality pag. 68. Sentence of the Lords against L. C. Lilburn p. 70 71. T Ten Commandements explained p. 9 10. Tyrants Kings plagued by Gods justice p. 11 12 13 17. Tyrannie of Kings p. 13 17 19 20 21 22. Towers chargeablenesse of Fees p. 49. Tryals ought to be publike and examples for it page 81 82 83 84. Turkie Merchants pag. 99. W William the Conquerors History of him p. 14 15 16 45 87 88 89 90 91 92 93 94 95 a Bastard p. 87. His end
Lordships have flowing from one and the same fountain with them namely the Kings will and pleasure commonly called The Kings Prerogative demonstrated by his Letters Pattents which in such a case is not worth a button as is clear by the Law and the very principles of Reason and that the Lordly Prerogative honour it self that they enjoy from the King which was never given them by common consent as all right and just honour and power ought to be is a meer boon and gratuity given them by the King for the helping him to inslave and envassalise the People and from the●r Predecess●rs whom William the Conqueror a●ias the Theefe and Tyran● made Dukes Earles and Barons for helping him to subdue and enslave the free Nation of England and gave them by the Law of this own will the estate of the Inhabit●nts the right owners thereof to maintain the Grandeur of their Tyranny and Prerogative Peerage And therfore their Creator the King doth in his Dce p. 324 ingeniously declare that their title to their legislative power is only by bloud And if so then not by common consent or choyce of the People the onely and alone Fountain of all just power on earth and therefore void null and at the best but a meer fixion and usurpation and the greatest or best stile they gave themselves in their joynt Declaration with the House of Commons page 508 is That the House of Peers are the Hereditary Councellors of the Kingdome and what right they have thereby to make the People Lawes I know not neither is it declared there by what right they came by their Hereditary Councellorship Nor yet is it there declared what it is So that I understand not what they mean by it which I desire them to explaine for sure I am it is a maxime in Nature and Reason That no man can be concluded bu● by his own consent and that it is absolute Tyranny for any what or whom soever to impose a Law upon a People that were never chosen nor betrusted by them to make them Lawes But in that Declaration in the next line The chosen and betrusted House of Commons the only alone Law-makers of England the King and Lords consent to their Votes Lawes and Ordinances being but in truth a meer Ceremony and usurped formality and in the strength of Law which justly is nothing else then pure reason neither addes strength unto them nor detracts power from them is royally truly and majesterially stiled and called the representaive Body of the whole Commons of the Kingdome and so are in abundance of other places before cited Yea and whosoever seriously reades and considers the third Position laid down page 726. and laid down in the name of the Parliament shall see indeed and in truth the power of the Lords wholly cashiered their words are these That we did and do say that a Parliament may dispose of any thing wherein the King or any Subject hath a right in such a way as that the Kingdome may not be in danger thereby and that if the King being humbly sought unto by his Parliament shall refuse to joyn with them in such cases the Representative Body of the Kingdome that is to say the House of Commons alone the Lords representing no Body but themselves and their Ladies neither challenge they any such title but call themselves meerly Hereditary Councellours is not to sit still and see the Kingdome perish before their eyes and of this danger they are Judges and Judges superiour to all others I beseech you mark it well that legally have any power of judicature within this Kingdome Where are you my Lords And what say you to this your own ingenious confession For yours it is for any thing I know to the contrary unlesse you were all asleep when you past it Nay further My Lords If the Representative Body bee the Parliament as is here confessed and averred and that Representative Body be the House of Commons and none else as before is proved and the House of Commons or Representative Body be the Parliament as here they are called then My Lords what say you to that inference from hence drawn and naturally flowing and arising from the premises and proved by your first Pofition laid down in the fore-cited page 726. which is That the Parliament hath a power in declaring Law in particular cases in question before them and that which is so declared by the High Court of Parliament being the highest Court of Judicature ought not afterwards to be questioned by his Majesty or any of his Subjects for that there lyeth no Appeal from them to any Person or Court whatsoever so that the right and safety both of King and People shal depend upon the Law and the Law for its interpretation upon the Courts of Justice which are the competent Judges thereof and not upon the pleasure and interpretation of private persons or of Publike in a private capacity Good-night my Lords unlesse you will make a little more buzling and so make the stink a little more hot in the Nostrils of all men that have the use of their sences before your snuffe go cleer out the which if you do it will I am confident but cause it to go out with a witnesse And therefore look to it and remember the Star-Chamber the Councell-I able and High Commission Where are they all but in the grave of reproach contumely disgrace and shame And give me leave to tell you of the common Proverb now abroad of Canterbury and Strafford That if in the dayes of their prosperity which were as high and great as yours are or ever were they had thought they should have beene pulled down by the common People whom they strongly labonred to enslave and by their unwearied cryes to the eares of Englands supreame Judges for Justice were justly by them condemned to the block and lost their wicked Lordly Heads in the presence of many of those that they had tyrannized over they would have been more moderate just and righteous in their generations then they were Apply it my Lord s and remember Mr. Lilburn c. and the tyrannie you have exercised upon him for many weekes together both in Newgate and the Tower of London in locking him up close prisoner without the use of Pen Ink or Paper and not suffering his friends nor wife that singular comfort and help that the wise God provided for poor fraile man to set her foot within his Chamber door for about three Weekes together nor she nor any of his friends to deliver to his hands though in the presence of his Keeper meat drink or money and yet you never allowed himm 2. d. to live on that I could heare of and then unjustly sentence him 4000. l. and 7 years Imprisonment in the Tower c. there to be tyrannized over by one ●f your own Creatures Col. West Lieutenant thereof who hath divers weeks divorced him from his wife and
vertue of their being the Sons of prerogative Lords Earles Dukes or Barrons Now if you please to reade the Chronicles of this Kingdome you shall find that this thing called prerogative flowes meerly from the wills and pleasures of Robbers Rogues and The●ves by vertue of which they made Dukes Earles Barrons and Lords of their fellow Robbers Rog●es and Theeves the lineall issue and progeny of which the present House of Peers are having no better right nor title to their present pretended judicature then meer and absolute usurpation and the will and pleasures of the potent and enslaving Tyrants alias Kings of this Kingdome for I read in Speeds Chronicle pag. 413. 416. 417. and in Daniel pag. 27. 28. That the Normans in France came antiently of a mixt people from the Norwegians Swedens Danes practising practises upon the Coasts of Belgia Frizia England Ireland and France and proceeded in their hardy and wicked courses even to the Mediterranean Sea● which drove the French to such extremity that King Charles the bald was forced to give unto Hasting a Norman Arch-Pirate the Earldome of Charters to aslwage his fury exercised upon his people and also King Charles the Grosse granted unto Godfrey the Norman part of Newstria with his Daughter in Mariage yet all this sufficed not but that the Normans by force of Armes seated themselves neere unto the mouth of S●in taking all for their own that lay comprised betwixt that River and the River Loyre which Country afterwards took the name of Normandy from those Northern guests at which time King Charles the simple confirmed it unto Rollo their Captaine and gave unto him his Daughter Gilla in Mariage which Rollo with divers misdoers and outlawed men were forced to flye out of their own Country which Rollo of the Danishrace was the first Duke of Normandy whose Son William was the second Duke of Normandy and Richard his Sonne was the third Duke of that Country And his Sonne Richard the second was the fourth Duke thereof And Richard the third his Sonne was the fifth Duke of Normandy And Robert his brother and Sonne to Richard the second was ●he sixth Duke of Normandy who was Father to our William the Conqueror who was the seventh Duke of Normandy whom Duke Robert begat of one Arle● or Arlet●ce a whore and a mean woman of Phalisi● in Normandy who was the Daughter of a Skinner being resolved to go visite the holy Sepulcher having no more Sonnes but William his bastard he calles his Nobility together and tells them In case I dy in my journey as he did I have a little Bastard of whose worthinesse I have great hope and I doubt not but he is of my begetting him will I invest in my Dutchie as mine heire and from thenceforth I pray you take him for your Lord which they did And this Bastard in his youth having many sharp bouts and bickerings with Roger de Tresny and William Earle of Arques brother to Duke Robert and Sonne to Richard the second c. who lay claime to the Dutchie as right and true heires to it but William the Bastard being too hard for them all and by these wars grew to great experience in fea●es of Armes which with his marying of Matild the Daughter of Baldw●n the fifth Earle of Flanders a man of great might and power provoked the French King to fall upon him to abate his greatnesse and curbe his pride but bastard William twice defeating two powerfull Armies of the King● with great overthrowes broke the heart of the King of France which gave the bastard Duke of Normondy joyfull peace in which calme the King makes a journey over into England to visite King Edward the Confessor his kinsman who had had his breeding in Normandy by Duke Richard the second the bastards Grandfather And after his returne back againe St. Edward the King of England dyeth Whereupon William the bastard busieth his thoughts how to obtaine the Crowne and Scepter of England unto which he makes certaine pretended claimes as being granted unto him by King Edward which was but a weake pretence as King Harold in his answer to him informes him Speed 404. telling him that Edward himselfe coming in by election and not by any title of inheritance his promise was of novalidity for how could he give that wherein he was not interessed And though William the bastard urgeth to Harol his Oath given him i● Normandy yet he answered his Embassadour that his Masters demand was unjust for that an Oath extorted in time of extremity cannot binde the maker in Conscience to performe i● for that were to joyne one sin to another and that this O●th was taken for ●eare of death and imprisonment the Duke himselfe well knew but said he admit it was voluntary and without feare could I then a Subject without the allowance of the ●ing and the whole State give away the Crownes Success●● to the prejudice of both Speed fol. 403. 404. But although the bastard Duke had no better claime but this which was worth just nothing at all Reade before pag. 20. 21. 24. 27. 28 3● 60. 61. Yet notwithstanding William the bastard p●rleveres in his proud wicked and bloody intentions and calses an Assembly of the States of Normandy together and with importunate solicitations solicits them to supply him with money the very sinews of war to carry on his intended invasion of England but they unanimously refuse and decline it At length seeing this prottaction and difficulty in general he deals with his deerest and most trusty friends in particular being such as he knew affected the glory of action and would adventure their whole estates with him As William Fitz-Auber Count de Bretteville Gualtaer Gifford Earle Longueville Roger de Beaumont with others especially his own brothers by the mother whom he had made great as Odo Bishop of Baynox and Robert Earle of Mortaign and unto these he shewed his pretended right and hope of England wherein prefe●ment lay even to the meanest amongst them onely money was the want which they might spare neither should that be given nor lent without a plentiful increase With such faire words he drew them so on that they strove who should give most And by this policie he gathered such a masse of money as was sufficient to defray the warre And not onely wan he the people of his own Provinces to undertake this action but drew by his faire perswasions and large promises most of the greatest Princes and Nobles of France to adventure their persons and much of their estates with him as Robert Fitz-Harrays Duke of Orleance the Earles of Brittaigne Ponthieu Botogne Poictcu Maine Nevers Hi●fins Aumal le Signieur de Tours and even his mortall enemy Martel Earle of Anjou became to be as forward as any Besides to amuze the Court of France and dazzle a young Prince then King he promised faithfully if he conquered this Kingdome to hold it of him as he did
judicative power nor a legislative power inherent in him as is strongly undeniably and unanswerably proved before in pag. 43 44 46 47 60 61. And therefore away with the pretended power of the Lords up with it by the roots and let them sit no longer as they do unlesse they will put themselves upon the love of their Country to be freely therby chosen as their ●ōmissioners to sit in Parliament for I am sure in right all their actions now are unbinding and unindivalid which becomes you O all ye Free-men or Commoners of England out of that duty you ow to your selves yours and your native Country throughly and home to set forth by Petition to your own HOVSE of COMMONS and to desire them speedily to remove them before the Kingdome be destroyed by their crosse proud and inconsistent interest for little do you know what Scotch-ale divers of them are now a brewing Read the Histories of William the Conqueror and you shall easily find that the pride and contention of those English-men that were called Lords amongst themselves was no small cause of the losing of this Kingdome to that Tyrant for saith Speed fol. 409. After the Normans had slain King Harold and overthrown his Army the two great Earles of Yorkshire and Cheshire Morcar and Edwine coming to London where the Londoners c. would gladly have set up Edgar Atheling the true Heire to the Crown to have been their Captain Generall to have defended them from the powerfull Norman Invaders who now was exceedingly fleshed with his victory and now likely to over-run the whole Land yet such was the pride and baesenesse of these two great Lords that the misery distresse and fearfull estate of their native Country could not disswade from their ambition plotting secretly to get the Crown to themselvs which hindered that wise and noble design and totally lost their native Country O COMMONS OF ENGLAND therefore beware of them and have a jealous eye over them and take heed that when it comes to the pinch they serve you not such another trick again For I am sure their interest is not yours nor the publikes neither is it consistent with their ends that you should enjoy Justice or your undeniable and just rights liberties and freedomes And well to this purpose saith Daniel pag. 36. That after the Bishops and the Clergy had shewed their aversnesse to the erecting of that probable meanes that was propounded to hinder the theevish invader the Nobility considering they were so born and must have a King and therefore considering of his power made them strive and run head-long who should bee the first to pre-occupate the grace of servitude and intrude them into forraign subjection So that the poor Commons like a strong vessell that saith hee might have been for good use were hereby left without a stern and could not move regularly trusting and resting it seemes too much upon those Lords which I call the broken Reeds of Egypt by whom they were undone But for the further clee●ng of the Originall of the House of Peers pretended power I shall desire the understanding Reader to read over a little Treatise printed in Anno 1641. called The manner of holding of Parliaments in England in the 28. pag. hee saith King Harold being overcome William the 1. King and Conqueror having obtained the Soveraignty according to his pleasure bestowed Dignities and Honours upon his companions and others Some of them so connext and conjoyned unto the Fees themselves that yet to this day the possessors thereof may seem to be inabled even with the possession of the places only as our Bishops at this day by reason of the Baronies joyned unto their Bishoprickes enjoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament he gave and granted to others Dignities and Honours together with the Lands and Fees themselves hee gave to Hugh Lupas his kinsman a Norman and sonne to Emma sister to the Conqueror by the Mother the Earldome of Choster Adconquirendum Angliā-per Coronam that is in English to conquer and hold to himself and his Heires as free by the Sword as the King of England held it by his Crown to HANNVSRVFVS then Earl of Britain in France the Earldome of Richmond It a lib●re honorifice ut e●ndem Edwinus Comes antea tenue●at that is in English as freely and honourably as Edwine Earle held it before And the Earldome of Arundel which Harrold possessed he granted with a fee unto Roger of Montgomeny And in page 33. the same Author declares That Kings sometimes not regarding the Solemnities of Ceremonies and Charters have only by their becks suffered Dignities and Honours to be transferred So that by what Iam able to gather out of ancient Histories William the Conquerour absolutely subdued the Rights and Priviledges of Parliaments held in England before this time The manner of holding of which as the same Author in his first page declares was by the discreet sort of the Kingdome of England rehearsed and shewed unto the Conquerour which as hee saith he approved of And the same doth John Minshew say in his Dictionary published and printed at London July 22. 1625. fol. 526. his words are these In England the PARLIAMENT is called for the debating of matters touching the Common-wealth and especially the making and correcting of Lawes which Assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thomas Smith de Re. Angl. lib. 2. cap. 1. 2. Cambd. Brit. Compt. Juris fol. 1. And see the Institution of this Court Polydor Virgil lib 11. of his Chronicles refer●eth after a sort to Henry 1. yet confessing that it was used before though very seldome You may find saith he in the former Prologue of the grand Customary of Normandy That the Normans used the same meanes in making their lawes In a Monument os Antiquity shewing the manner of holding this Parliament in the time of King Edward the sonne of King Etheldred which as the Note saith was delivered by the discreeter sort of the Realm to William the Conqueror and allowed by him This writing began thus Rex est Caput c. See more saith he of the course and order of this Parliament in Compt. Juris fol. 1. c. And VOWEL alias Hooker in his Book purposely written of this matter Powels book called the Atturneys Academy Read Mr. William Prynnes first part of the SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES printed by the authority of this present Parliament pag 42 43 44. William the Conqueror having as to me is clearly evident subdued Parliaments their power authority priviledges and jurisdiction did set up by the absolute law of his own will for his Compceres Couzens and Connsellors such men who had most pleased him in vassalizing and enslaving this kingdom and the people thereof in whose steps severall of his successors after him did tread So that the kingdome was
ruled and governed by the King and his Prerogative Nobles and by lawes flowing from their wils and pleasures and not made by common consent by the peoples commissions assembled in Parliament as it is now at this day but he and his successors giving such large Charters to their Compeeres and great Lords as to one to be Lord great Chamberlain of Englands another Lord Constable of England to another Lord Admirall of England c. By meanes of which they had such vast power in the kingdome having then at their beck all the chiefe Gentlemen and Free-holders of England that used to wait upon them in blew Jackets so that they were upon any discontent able to combine against their Kings their absolute creators and hold their noses to the grind-stone and rather give a Law unto them then receive a law from them in which great streits our former Kings for curbing the greatnesse of these their meere creatures now grown insolent were forced to give new Charters Commissions and Writs unto the Commons then generally absolute vassals to choose so many Knights and Burgesles as they in their own breasts should think fit to be able by joyning with them to curb their potent and insolent Lords or trusty and well-beloved Cousins which was all the end they first called the Commons together for yet this good came out of it that by degrees the Commons came to understand in a greater measure their rights and to know their own power and strength By means of which with much struggling we in this age come to enjoy what wee have by Magna Charta the Petition of Right and the good and just Lawes made this present Parliament c. which yet is nothing nigh so much as by right we ought to enjoy For the forementioned Author of the book called The manner of holding Parliaments in England as 20 21. pages declares plainly that in times by-past there was neither Bishop Earle nor Baron and yet even then Kings kept Parliaments And though since by incursion Bishops Earles and Barons have been by the Kings prerogative Charters summoned to sit in Parliament yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bishops Earles and Barons And before the Conquest he positively declares it was a right that all things which are to be affirmed or informed granted or denied or to be done by the Parliament must be granted by the Commonalty of the Parliament who he affirmes might refuse though summoned to come to Parliament in case the King did not governe them as he ought unto whom it was lawfull in particular to point out the Articles in which he misgoverned them And suitable to this purpose is Mr. John Vowels judgment which Mr. Pryn in his above-mentioned book pag. 43. cites out of Holinsh Chro. of Ireland fol. 127 128. His words as Mr. Pryn cites them are thus Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they wil not come or if they come they will not yet appear or if they come appear yet will not do or yeeld to any thing Then the King with the consent of his Commons may ordain and establish any Acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents but on the contrary if the Commons be summoned and will not come or coming will not appear or appearing will nor consent to do any thing alleadging some just weighty and great cause The King in these cases * Cromptons jurisdictiō of courts fo 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33● H 6. 17. dju-lged accordingly prerogative 134. cannot with his Lords devise make or establish any Law The reasons are when Parliaments were first begun and ordained THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT AND THE TEMPORALL LORDS were very few or none and then the King and his Commons did make a full Parliament which authority was never hitherto abridged Again every Baron in Parliament doth represent but his owne person and speaketh in he behalf of himself alone But the Knights Citizens and Burgesses are represented in the Commons of the whole Realm and every of these giveth not consent for himself but for all those also for whom he is sent And the King with the consent of his COMMONS had ever a sufficient and full authority to make ordain and establish good wholesome Lawes for the Common-wealth of his Realm Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament can●ot by their folly abridge the King and the Commons of their lawfull proceedings in Parliament Thus and more John Vowel alias Hooker in his order usage how to keep a Parliament which begins in the foresaid History pag. 121. and continues to pag. 130. printed Cum Privil●gio And Sir Edward Cook in his Institutes on Magna Charta proves That the Lords and Peers in many Charters and Acts are included under the name of the Commons or Commonalty of England And in his Exposition of the second Chapter of Magna Char●a 2. part Institutes fol. 5. He declares that when the Great Charter was made there was not in England either Dukes Marquesse or Viscounts So that to be sure they are all Innovators and Intruders and can claime no originall or true interest to sit in Parliament sith they are neither instituted by common consent nor yet had any being from the first beginings of Parliaments in England either before the Conquest or since the Conquest nor the first Duke saith Sir Edward Cook Ibidem that was created since the Conquest was Edw. the black Prince In the 11. year of Edw. the third and Rob. de Vere Earl of Oxford was in the 8. year of Richard the 2. created Marquesse of Dublin in Ireland And he was the first Marquesse that any of our Kings created The first Viscount that I find saith he of Record and that sate in Parliament by that name was John Beumont who in the 8. yeer of Hen. the 6. was created Viscount Beumont And therefore if Parliaments be the most high and absolute power in the Realm as undeniably they are for Holinshed in his fore-mentioned Chronicle in the D●scription of England speaking of the high Court of Parliament and authority of the same saith pag. 173. thereby Kings and mighty Princes have from time to time been deposed from their Th●ones ●awes either enacted or abrogated offendors of all sorts punished c. Then much more may they disthrone or depose these Lordly prerogative Innovators and Intruders and for my part I shall think that the betrusted Commissioners of the Commons of England now assembled in Parliament have not faithfully discharged their duty to their Lords and Masters the people their impowerers till they have effectually and throughly done it And if the Lords would be willing to come and sit with them as one house