Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	edward_n	king_n	realm_n	6,334	5	8.5019	4	true

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

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

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

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

good advice of * Who now give the King no such advice Schollers which he would not of his Peeres summons another Parliament to be holden at Westminster giving th ã€ˆâ€¦ã€‰ world to know withall that his purpose was to amend by their advice whatsoever was to be amended But the Baro ã€ˆâ€¦ã€‰ considering that still there arrived more and more strangers men of warre with horse and armes as now alas we s ã€ˆâ€¦ã€‰ they doe and not trusting the Poictovine Faith as we have now cause to mistrust the perfidious Papists and malignant Cavaliers and seeing no footstep of peace our present condition refused to come at the appointeâ— day sending the King word by solemne messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovians out of his Court which if he refused they all of them by the common consent of t ã€ˆâ€¦ã€‰ who le kingdome would drive him with his wicked Counsellors out of the Kingdome and consult about creating ã€ˆâ€¦ã€‰ new King Thesethings thus acted the King was much dejected in mind and all his Court hanging down ã€ˆâ€¦ã€‰ their heads and fearing not a little lest the errors of the Sonne should become worse then the fathers errors whom hi ã€ˆâ€¦ã€‰ Subjects indeavouring to depose from his royall Throne almost detruded him to that name which was give ã€ˆâ€¦ã€‰ him by a certaine presage John the Banished Wheresore hee could easily have beene drawne to redeem ã€ˆâ€¦ã€‰ the love of his naturall Liegemen with the disgrace of a sew strangers But the Bishop of Winchester with other his ill Counsellours and Poictovine Cavalieres counselled hi ã€ˆâ€¦ã€‰ to take up armes against his rebellious Subjects as they stiled them and to give their Castles and Lands to them w ã€ˆâ€¦ã€‰ would defend him and the kingdome of England from these Traytors The Counsell now given to his Majesty ã€ˆâ€¦ã€‰ his ill Counsellours and Cavalieres Hereupon the King inclining to the worser part raiseth an Army of Poictovine and Foraine Souldiers which came to him being sent for out of Flanders from whence the King no ã€ˆâ€¦ã€‰ hath many old Souldiers and Commanders sent him seiseth a Manour of Guilbert Bassers a Noble man give ã€ˆâ€¦ã€‰ him by King John calling him Traytor when he demanded it sets downe a day wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty and being at Glocester with his Army whith ã€ˆâ€¦ã€‰ the Lords resused to come being required the King thereupon as if they were Traytors burnes their Manor ã€ˆâ€¦ã€‰ destroyes their Parkes and Ponds besiegeth their Castles and without the judgement of his Court and of thei ã€ˆâ€¦ã€‰ Peeres denounceth them exiles and banished men gives their Lands to the Poictovines and adding griefe to grie ã€ˆâ€¦ã€‰ wound to wound commanded their bodies to be apprehended where ever they were within the Kingdome he likewise sends a Defiance to the Earle Marshall whose Lands he had wasted who thereupon understood himselfe discharged of that obligation by which he was iyed to the King and free to make his defence Whereupon h ã€ˆâ€¦ã€‰ seeing * Note neither Faith nor Oath nor peace to be kept by the King or his ill Councellours who contrary to their promise and Oath refused to deliver up his Castle which they promised to render to him upon demand h ã€ˆâ€¦ã€‰ raiseth a greaâ— Army and takes his Castle On this the King upon better consideration did againe promise ã€ˆâ€¦ã€‰ and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at th ã€ˆâ€¦ã€‰ day and place appointed he holds a great conference with the Lords But the evill Councellors he followed suffered him not to make good his promise For when divers there present greatly in the Kings favour with sundry Preachers and Fryers whom the King was wont to reverence and hearken to Humbly beseeched and earnestly exhorted the King to make peace with his Barons and Nobles and to embrace them with due affection being The Parliments present case his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manors Woods Parkes Ponds and being led and seduced by evill Councels lesse regarded his faithfull Subjects whose native bloo ã€ˆâ€¦ã€‰ would not permit them to bow downe then Forainers and which is worse called them Traytors by whom â—e ought t ã€ˆâ€¦ã€‰ settle the peace order the Councels and dispose the affaires of his Kingdome The Bishop of Winchester ofâ—ended it seemes at Peers takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Justiciars as himselfe pleaseth â—o ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent â—peech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellors of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse â—ot themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that perâ—urbed â—he peace of the Realme and so the hoped accommodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces sell pell mell upon the Kings Army slew divers of his forâ—einers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund â—rchbishop of Canterbury elect with other suffragan Bishops bewayling the estate of the Kingdome presented themselves before the King at Westminster telling him as his loyall liegemen and O that some Bishop or faithâ—ull person if there bee any such about his Majestie would now deale thus clearely with him touchâ—ng his evill Counsellors That the Councell of Peter Bishop of Winchester and his complices which now he had and â—sed was not sound nor safe but euill and dangerous to himselfe and his Realme First for that they hated and deâ—ised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the peoâ—le from him as in the Earle Marshall whom being one of the wortâ—iest men of the Land by sowing false tales they â—rave into discontentment Secondly that by the Counsell of the said Peter his Father King John first lost the hearts of â—is people then Normandy then other lands and finally wasted all his treasure and almost England also and never afâ—er had quiet Thirdly That if the Subjects had now beene handled according to justice and law and not by their ungodâ—y Counsels these present troubles had not happened but the Kings lands had remained undestroyed his treasure unexâ—austed Fourthly that the Kings Councell is not the Councell of peace but of preturbation because they that cannot â—aise themselves by peace must raise themselves by the troubles and disinherison of others Fiftly That they had the Trea ã€ˆâ€¦ã€‰ re Castles Wardships

to deliver Piers into their hands or drive him from his company out of England as being perswaded â—hile that King-â—ane breathed peace could never be maintained in the Realme nor the King abound in treasure nor the Queene enjoy his love But the wilfull King preferring the dearenesse of one stranger before the love of the â—hole Realme would noâ— condiscend Whereupon the Lords thus contemned and deluded presently raise â—n Army and march with all speed towards Newcastle not to offer injury or molestaâ—â—on to the King writes â—alsingham the case and purpose of the present Parliaments Army but that they might apprehend Piers himâ—elfe and judge him according to the Lawes enacted Which when the King heard he fled together with Piers like a proscribed and banished man to Tynemouth and from thence to Scarborough Castle Where Piers was forced to yeeld himselfe upon condition to speake but once more with the King And then carryed to Warwicke Castle where he had his head strucke off at the command and in the presence of the Earles of Lanâ—aster Warwicke and Hereford as one who had beene a subverter of the Lawes and an open Traytor to the Kingdome and that without any judiciall proceedings or triall of his Peeres though an Earle and so deare a Favourite of the Kings Which bred a lasting haâ—red betweene the King and his Nobles Who being afterwards charged by the King in Parliament with their contempt against him in the spoiles committed by them at Newcastle and wickâ—dly killing Piers They stoutly answered That they had not offended in any point but deserved his royall favour â—or that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act â—f Pardon that no man should be questioned for Gavestons returne or death printed in old g Tâ—tles Magnâ— Charta part 2. f. 50 to 57. Magna Charta Not long â—fter this unfortunate King doting upon the two h Walâ—ing Hist p. 90. to â—10 ypodig Neust p. 105. to 111 Speed Hist p. 674. to 683. See Fabiâ—n Holm Graf Thoâ—â—â—de â—â— More Higdâ—â— Caxton in his life Spencers as much as ever he did on Gaveston to whom they â—ucceeded not onely in pride rapine oppression and intolerable insolencies but even in height of familiarity and power with the King So as they ruled and lead the King as they pleased in so much that no Earle Baron or Bishop was able to dispatch any thing in Court without their advise and favour which made them generally envied of all because they domineered over all The Lords and Barons hereupon confederated together to live and die for juâ—tice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with â—heir forces at Sbirborne Thomas of Lancaster being their Captain they took an oath to prosecure their designe to â—he division of soule body Then they spoyled these Spencers their friends goods take their Castles by vioâ—ence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law equitie following the impetuousnes of their minds they march on to S. Albans with Ensignes displayed sent solemn messengers to the King then at London commanding him not only to rid his Court but kingdome too of the Traytors of â—he Realme the Spencers condemned in many Articles which they had framed against them by the commonalty of the Realme if he loved the peace of the Kingdome And they further required the King to grant letters Patents of indemnity to themselves and all such as had bore armes in their company that they should not be punished by the King or any other for their for epast or present trangressions The King denyed both these demands at first as unjust and illegall swearing that he would not violate his Coronation Oath in granting such a pardon to contempiuâ—us Delinquents Whereupon running to their armes they marched up to London entred the Citie and to avoyd dangeâ— the King through the Queenes and others mediation condescended to their desires passing an Act for thâ— Spensers banishment and the Barons indemnities which you may reade in ancient Part 2. â— 50. Magna Chartaes Upoâ— this the Barons departed neither merry nor secure despairing of the Kings Benevolence which made them goe alwayes armed and to retire to safe places The King soone after recalling the Spensers reversed the sentence against them as erronious gathers an Army encounters and defeats the Barons and puts many of them to deatâ— by these Spencers procurements who not content with their blood procured also the confiscation of their goods aâ—â—â—nheritances Whereupon getting into greater favour and power then before puffed up with their good successe and new honours they discontented not onely the Nobles but Queene too who going over into Franâ— with her sonne the Prince whose lives these favorites attempted She raysed an Army beyond the Seas and returning with it into England most of the Lords and Commons resorted to her and fell off from the Kingâ— who being destituâ—e of friends and meanes demanded assistance of the Cirie of London whose answer was That they would honour with all dutie the King the Queene and Prince but would shut their gates against Foreineâ— and Traytors to the Realme and with all their power withstand them And under the name of John of Eltham thâ— Kings second sonne whom they proclaymed Custos of the Citie and of the Land they got the Tower â—â— London into their possession placing and displacing the Garrison and Officers therein as they pleased Thâ— King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her self â—â—er sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should ayde â—â— assist them and that he should have a 1000. l. who did bring the Lord Mortimers head flies to Bristol in the Castle whereof the elder Spenser was taken by the Queenes Forces and without any formall tryall cruelly cut â—â— alive and quartered being first at the clamours of the people drawne and hanged in his proper armour upon the common Gallowes without the Citie After which the King forsaken of all his Subjects flies into Wales for shelter wherâ— he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his sonne confessing That for his many sins he was fallen into this calamitie and therefore had the lesse cause to take it grievously That â—â— much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abhâ—â— his any longer rule and Soveraignty and therefore be besought all there present to forgive and spare him being so afflicteâ— Soone after he was murthered in Barkly Castle And so the sicknesse and wounds which the Commonwealth sustaineâ— by his ill raigne upon the châ—â—ge of her Physician recovered not onely health and strength

but beauty also and ornamenâ— writes John Speed After all this i Walfing Hist Ang. p. 349. to 400 â—podigm Newstriae p. 144. to 158 Speed Hist p. 747. to 762. Holin Graft Stâ—w Fabian Caxton and others King Richard the second in the ninth yeare of his reigne summoned a Parliament whereâ—â— Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by thâ— Parliament and the Seale taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for thâ— defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill counsellors to the Court shewing them greater favour then before In so much that at Christmas the King madâ— de la Pole sit at his owne table not in the usuall garment oâ— a Peere but of a Prince out of a stomacke and hatred againâ—â— the Peeres whom from thenceforth he never regarded but feinedly and then fals to plot the death of the Duke of Glâ—cester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Noâ—â—ing haâ—â— Castle with a few persons generally ill-beloved ill-advised and ill-provided The course agreed upon by thâ— King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speâ—â— seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumâ—â— the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters thâ—â— under a shew of justice they should be proceeded against accordingly The Lawyers who were the very meâ—â— which in the last Parliament gave advice to the Lords to doe as they did now meering were demanded Whether by the Law of the Land the King might not disaâ—ull the Decrees of the last Parliament They joyntly answeâ—ed he might because he was above the Lawes a most apparent errour confessing that themselves had in thâ— Parliament decreed many things and given their judgement that all was according to Law which they acknowledgâ— to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withaâ—â— sends for the Sheriffs of Shires to raise Forces against the Lords who denyed saying that they could not raisâ— any competent Forces or Armes against them the whole Counties were so addicted to their favours and being furtheâ— willed to suffer no Knights to be chosen for their shieres but such as the King and his Counsell should name they aâ—swered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good president for our present Sheriffes whereupon they were dismissed Then were the Lawyeâ— and Judges Robert Tresilian and his companions called before the King to determine the judgements of Treason against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if neede weâ—â— against the Lords in the day of battle * Note this Many of which answered that they neither could nor would stand against thâ— Lords whom they knew for certaine intimately to love the King and to endeavour all things study all things doe aâ—â— things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kingâ—â—oâ—â—ce The Lords hearing of these proceedings were much sadded being conscious to themselves â—â— no ã€ˆâ€¦ã€‰ â—â—rthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop â—â— London to the King wâ—o inclining to credit the same was in an evill houre diverted by de la Pole â—he Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which â—ey severally gather forces that they might present their griefes to the King How he favoured Trayâ—rs not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speeâ—ly prevented The King on the other side by Trayterous CoÌ„unsellours advise sought how to take â—em off single before they were united but in vaine by reason their party was so great Meane time â—me peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thiâ—er approaching they are advertised by some who had sworne on the Kings behalfe for good deaâ—â—g to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which â—ithout the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre Knights were reported to have â—â—d for their destruction attended in ambush The King sweares his innocency promising safe conâ—â—ct to the Lords if they would come who thereupon came strongly guarded and would trust no longer â—he King sitting in royall State in Westminster Hall the Lords present themselves upon their knees before â—m and being required by the Lord Chancellour Why they were in warlike manner assembled at â—aring gye Park contrary to the Lawes their joynt answer was That they were assembled for the good of the â—ing and kingdome and to weed from about him such Traytors as be continually held with him The Traytors â—ey named to be Robert de Vere Duke of Ireland Alexander Nevill Archbishop of Yorke Michael de â— Pole Earle of Suffolke Sir Robert Tresilian that salse Justiciar Sir Nicholas Brambre that false Knight â— London with others To prove them such They threw downe their Gloves as gages of challenge for a triâ—l by the Sword The King hereupon replyed as knowing they were all hidden out of the way This â—all not be done so but at the next Parliament which shall be the morrow after Candlemas all parties shall â—ceive according as they deserve And now to you my Lords How or by what authority durst you presume to levy â—orces against me in this Land did you thinke to have terrified me by such your presumption Have not I men and â—mes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of â—u all no more then of the basest Scullions in my Kitchins Having used these and many like high words â—e tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The â—st of the conference was calme and the whole deferred till the next Parliament then shortly to be holâ—â—n at Westminster In the meane time that the world might see how little able the King was to equall â—s words with deeds a Proclamation was set forth in which the King before any tryall cleareth the â—ords of Treason names those persons for unjust accuâ—ers whom the Lords had before nominated The â—ords neverthelesse thought not good to sever themselves but kept together for feare of the worst which

belongeth to a King for hasty rashnesse bringeth all things to ruine according to the saying of thâ— Gospell Every Kingdome divided in it selfe shall be brought to desolation Master o Vol. 1. p. 214. Fox informes us that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes but the most part of them he omitted contrary to his Oath at his Coronation Indeede I finde not that the Conqueror tooke this Oath when he was crowned but I reade in * History p. 440. 441. Speed and others that William the Conquerour abrogating for the most part the ancient Lawes of the Land and introducing neâ— hard Lawes of his owne written in the Norman tongue which the people understood not and thâ— Iudges wrested at their pleasures to the forfeiture of Goods Lands Life hereupon the Nobility and Natives seeking to cast off these snares and fetters of his Lawes set up Edgar Athelin for theâ— Generall once againe and â—ell into a new conspiracie raising great forces and resolving to make thâ— sword their Iudge The King hereupon by Lanfrankes advise who as Reâ—oboams sages gave him counsell somewhat to beare with their abuses rather then to hazard the ruine of all in fight appointed a meeting at Berkhamâ—teed Anno 1172. where the King entring parly with the English Nobility did so farre winde himselfe into their good opinions that they all forthwith layd downe their weapons And he for his part fearing to lose the Crowne with shame which he had gotten with effusion â—f so much blood gave his Oath upon the holy Evangelists and the reliques of Saint Albane the Martyr the same being ministred to him by Abbot Fredericke swearing to observe and inviolably to â—â—epe the ancient Lawes of this Land and most especially those compiled by King Edward the Confessor â—hough as the event soone shewed he little meant to doe as he promised Peace thus established â—is conference ended and the Kings oath received the English Armies disband themselves as dreaâ—ing Note this they had now good fortune by the foote and hoping the greatest stormes of their dangers were â—aâ—t which presently proved but a vaine surmise For king William having compounded with the â—anes began extreamely to hate the English Nobles and with full resolution of their destruction â—â—ddenly set upon them apart which he durst not attempt when they were united so that * See Hâ—ntindon Hist l. 7. p. 369. Mat. Paris Hist p. 6. sâ—aying â—ny imprisoning others and persecuting all of them with fire and sword well was he that could â—e first â—â—ne Such little faith or assurance is there in the solemne Oathes and Protestations of Kings to â—â—eir Subjects which are seldome really performed and intended onely as snares to intrap them if â—â—ey confide and rely upon them without any better security The forme of the kings Coronation â—er since Edward the a hath beene this and is thus administred p Magna Charta Printed Cum Privilegio London 1558. part 2. f. 16â—â— Iudamentum Regis quando coronaâ—uâ— Remonstrance Nov 2. p. 25. to 38. The Metropolitan or Bishop â—â—at is to Crowne the King with a meane and distinct voyce shall interrogate him if he will confirme with an â—ath the Lawes and customes granted to the people of England by ancient just and devout kings towards â—od to the samepeople and especially the Lawes and Customes and Liberties granted by glorious King Edward to the Clergie and People And IF HE SHALL PROMISE that he will assent to all these â—et the Metropolitan or Bishop expound to him what things he shall sweare saying thus Thou shalt â—epe to the Church of God to the Clergie and people Peace intirely and concord in God according to thy â—â—wer The king shall answer I will keepe it Thou shalt cause to be done in all thy judgements equall â—dright justice and discretion in mercy and verity according to thy power He shall answer I will doe it â—â—ou grantest just Lawes and Customes to be kept and thou dost promise that those Lawes shall be protected â—d confirmed by thee to the honour of God QUAS VULGUS ELEGERIT which the people shall â—se according to thy power He shall answer I doe graâ—t and promise And there may be added to â—e foresayd Interrogations what other things shall be just All things being pronounced he shall confirme that he will observe all things with an oath upon the Altar presently taken before all There â—ath beene a late unhappie difference raised betweene the q See the Parliaments Remonstrance of the 26. of May. p. 9. His Majesties Answer thereto p. 16. 17. and the Parliaments Reply Nou. 2. p. 2â— to 38. king and Parliament about the word ELEGERIT the Parliament affirming the word to signifie shall chuse according to sundry written â—oles and Printed Coppies in Latin and French the King on the contrary affirming it should be â—â—th chosen But he that observes the words of the ancient Oathes Populo tibi commisso rectam â—â—liciam exercebis malas leges iniquas consuetudines si aliquae fuererint in Regno tuo delebis bonas servabis all in the future tence and the verbes servabis Facies fierâ— protegendas corâ—oborandas in â—e former and same clauses of the Oath now used all of them in the future with the whole Scope â—tent and purport of this part of the Oath must necessarily grant shall chuse to be the true reaâ—ng and that it referres to the confirmation of * Iudge Huttons Argument against Ship-money p. 32. determines so future Lawes to be afterwards made in Parliament not those onely in being when the Oath was administred else kings should not be obliged by their â—athes to keepe any Lawes made after their Coronations by their owne assents but onely those â—â—eir Predecessors assented to not themselves which were most absurd to affirme From these severall Oathes and Passages the usuall forme of the Nobles proclaiming such and â—â—ch Kings of England with other r Page 4. â—â— forecited Histories it is apparant First that Popish Parliaments Peeres and Subjects have deemed the Crowne of England not meerely successive and heâ—ditaâ—y though it hath usually gone by descent but arbitray and elective when they saw cause maâ— of our kings comming to the Crowne without just hereditarie Title by the Kingdomes Peeres â—d peoples free election onely confirmed by a subsequent Act of Parliament which was then reâ—â—ted a sufficient Right by vertue whereof they then reigned and were obeyed as lawfull kings â—d were then and yet so acknowledged to be their Right by Election of their Subjects being seldome or never adjudged an illegall usurpation in any Parliaments whence the statute of 1 E. 4. c. 1. â— d â— E. 4. â— 2. declare king Henry the 4. 5. and 6. to be successively kings of England indeed and not right yet not usurpers because they came in by Parliament Onely Richard the third who treacherously murthered Edward the 5. his

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

we also shew unto you that one old statute and laudable custome is approve ã€ˆâ€¦ã€‰ which no man can deny That the King our Soveraigne Lord may once in the yeare lawfully summon his high Cou ã€ˆâ€¦ã€‰ of Parliament and call the Lords and Commons thereunto as to that which is the highest Court of this Real ã€ˆâ€¦ã€‰ In which Court all equity and justice must shine even as the Sunne when it is at the highest whereof poore and ri ã€ˆâ€¦ã€‰ may take refreshing where also must be reformed all the oppressious wrongs exactions and enormities within t ã€ˆâ€¦ã€‰ Realme and there to consult with the wise men for the maintenance of the Kings estate And if ã€ˆâ€¦ã€‰ might bee knowne that any persons within the Realme or without intended the contrary there also m ã€ˆâ€¦ã€‰ bee devised how such evill weeds might be destroyed There also must be studied and foreseene that if a ã€ˆâ€¦ã€‰ charge doe come upon the King and his Realme how it may be well and honorably supported and sustained Hither ã€ˆâ€¦ã€‰ to it is thought by the whole Realme that your Subjects have lovingly demeaned themselves to you in ayding ã€ˆâ€¦ã€‰ with substance to the best of their powers and they desire to have knowledge how and by whom these goods be spe ã€ˆâ€¦ã€‰ One thing resteth yet to declare in their behalfe unto you * Notâ— The King should be present in Parliament once in 40. dayes how that by an old Ordinance they have an Act if t ã€ˆâ€¦ã€‰ King absent himselfe 40. dayes not being sicke but of his owne minde not heeding the charges of his people ã€ˆâ€¦ã€‰ their great paines will not resort to his Parliament they then may lawfully returne home to their houses And ã€ˆâ€¦ã€‰ sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discom ã€ˆâ€¦ã€‰ for t And our Parliaments present case To this the King answered by these words Well we doe con ã€ˆâ€¦ã€‰ der that the people and Commons goe to rise against us wherefore we thinke we can doe no better then to aske a ã€ˆâ€¦ã€‰ of our Cosin the French King and rather submit us to him then to our owne Subjects The Lords answered S ã€ˆâ€¦ã€‰ that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King ã€ˆâ€¦ã€‰ your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispo ã€ˆâ€¦ã€‰ you invade you and depose you from your estate royall then put any hand to helpe you c. And as th ã€ˆâ€¦ã€‰ King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconven ã€ˆâ€¦ã€‰ ã€ˆâ€¦ã€‰ es be comne by the evill Counsell which are about you And if you put not your helping hand to the redresse â—he premises this Realme of England shall be brought to nought and utter ruine which clearely should be laid ã€ˆâ€¦ã€‰ our default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the ã€ˆâ€¦ã€‰ rld was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to ã€ˆâ€¦ã€‰ uester all such persons as might be the occasion of ruine either of you or else of your Realme By these good ã€ˆâ€¦ã€‰ swasions the King was appeased and promised within three dayes after to come to the Parliament and to ã€ˆâ€¦ã€‰ descend to their Petitions And according to his appointment he came Where soone after John Fordham ã€ˆâ€¦ã€‰ hop os Durham was discharged of the Treasurourship and the Bishop of Hereford ser in his place de la ã€ˆâ€¦ã€‰ le was put from his Chancellourship for divers crimes frauds briberies and treasons by him com ã€ˆâ€¦ã€‰ tted to the prejudice of the King and his Realme committed to the Tower and fined 20. thousand ã€ˆâ€¦ã€‰ rkes to the King in releeving of the Commons Divers other Judges Knights and Delinquents of all ã€ˆâ€¦ã€‰ t s were condemned and executed others banished and their states confiscated others put out of office ã€ˆâ€¦ã€‰ this Parliament as you may reade in our Histories and in the k 10. R. c l 11. R. 2. c. l 29 3 4 5 6. 2 R. 2. c. 2. 3. 12. Statutes at large in which Statutes the ã€ˆâ€¦ã€‰ schievous effects of these evill Counsellors to King Kingdome and people are at full related whereby ã€ˆâ€¦ã€‰ e King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords â—ayâ—g of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of ã€ˆâ€¦ã€‰ y pardon l See the Records of this Parliament published by order of both Houses Aug. 27. 1642. and their raysing of Armes against the Parliament and kingdome though with the Kings ã€ˆâ€¦ã€‰ ne consent and his command declared and enacted to bee high Treason These proceedings ratified ã€ˆâ€¦ã€‰ d assented to in Parliament by the King much against his will wrought an intolerable secret ã€ˆâ€¦ã€‰ tred and desire of revenge in his heart against the Lords which for want of power he concealed neare ã€ˆâ€¦ã€‰ yeares space but in the 20. yeare of his raigne being somewhat elevated in his spirit with a rumour ã€ˆâ€¦ã€‰ at he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke ã€ˆâ€¦ã€‰ d Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the ã€ˆâ€¦ã€‰ ples eyes lest they should riseup in Armes to rescue these Lords the King sent out a feigned Proclamation which he caused to be proclaymed throughout the Realme that these Lords were apprehended onely for ã€ˆâ€¦ã€‰ w Treasons committed against him for which he would he prosecute them in the next Parliament and not for the ã€ˆâ€¦ã€‰ trepasses After which he proclaimes those Lords Traytors Which done he summoned a m Grafion p. 329. c. Mr. Saint-Johns Speech 1640. p. 33. 1. H 4. No. 21. 21. 48. Parliament at Westminster to this Parliament the King commanded to ã€ˆâ€¦ã€‰ me all such as he had best confidence in omitting the rest and the Knights were not elected by the Commons ã€ˆâ€¦ã€‰ custome required they should be but by the Kings pleasure yea he put out divers persons elected and put in other ã€ˆâ€¦ã€‰ their places to serve his turne which was one Article objected against him when he was deposed Against ã€ˆâ€¦ã€‰ e time of this Parliament the King received a guard of 4000. Archers all Cheshire men as if he would ã€ˆâ€¦ã€‰ ve gone in battle against enemies so that divers came armed to the Parliament out of feare These ã€ˆâ€¦ã€‰ eshiere men were rude and beastly people and so proud of the Kings favour n As the Cavaliers do now that they accounted the ã€ˆâ€¦ã€‰ ng to be their fellow and set the Lords at nought though few of them were gentlemen but taken from the ã€ˆâ€¦ã€‰ ough and other trades After these â—usticall people had a while courted they grew so bold that they ã€ˆâ€¦ã€‰ uld not let neither within the Court nor without to beat and slay the Kings

1. c. 2. 19. H. 6. 63 a. 64. b. 31. H. 8. c. 10. Dyer 60 a. Cookes Institutes on Littleton f. 109. 110. Writers resolve is the most high and abâ—olute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and amorg other Priviledges this is the highest that it is above the Law â—t selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and â—udgements whatsoever of the King or any other Courts of Iustice if they be erronious or illegall not onely without but against the Kings personall consent so far as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realm â—ested in his person that he t Fortescue c. 10. to 1â— Bracton l. 1. c. 8. l 3. c 9. Fleta l 1 c. 5. 17. Brooke Patents 25. 41. 12. 51. 53. 69 73. 100 Prerogative 15. 103. Commissions 15. 16. See Iudge Crooks and Iudge Huttons Arguments against Ship-money Petition of Right 3. Carol. Br. Parliament 42. and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power altar the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever norimpose the least taxe or common charge upon his people nor imprison their persons distraine s Sir Thomaâ— Smith of the Common-wealth of England l. â— c. 1. 2. Holinshed Description of England c. 8. p. 173. Cambdens Brittania p. 173. Iohn Vowels Order and usage how to keepe a Parliament in Holinsheads Chronicles of Ireland p. 101. to 120. Minshewes Dictionary Tit. Parliament their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potestas sua Juris est non Injuriae Nihil â—liud potest Rexin terris niâ—i ID SOLVM QVOD DE JVRE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King v Of the Common-wealth l. 2. c. 10. p. 159. Iohn Bodin that great Lawyer and Polititian resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes â—o all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince be bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as x l. 2. c. 16. f. 34. a. l. 1. c. 8. f. 5. b. Fleta l. 1. c. 17. Walfingham Hist p. 36 37. 40. Bracton and others forecited say our English King hath namely his Earles and Lords thence-stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or of the people he is then no Soveraigne Whence it followes that the Kings of England who cannot make any Law to obliege either all or any of their Subjects nor impose any * Taxes nor repeale any Common or Statute Law but in and by their Parliaments are no absolute Soveraigne Princes as some Royalists and Court Divines most falsly averre them to be but meere mixt Soveraignes inferiour to their Lawes and Parliaments the â—ole Law-makers and Law-alterers though not against but with the Kings assents considered not abstractively as Kings but copulative as a branch and member of the Parliament And indeede to speake impartially though the kings Royall assent y See Sir Thomas Smiths Common wealth of England l. z. c. 1. 2. 3. Holinshed Description of England c. 8. p. 173. Chronicles of Ireland p. 101. 102. M. Hackwels manner of passing B ã€ˆâ€¦ã€‰ Sect. 8. p. 74. Brooke Parliament 4. 107. 33. H. 6. 33. 33 H. 8. c. 21. Cromptons Iurisdiction f. 7. b. Br. Parliament 26. 39. 40 41. be generally requisite to passe and ratifie Lawes yet I humbly conceive that the originall prime Legislative power of making Lawes to binde the Subjects and their Posteritie rests not in the kings owne royall person but in the Kingdome and Parliament which represents it For first admit the king should propound any Lawes to his people as kings and Lawgivers usually did at first yet these Lawes would no wayes obliege them unlesse they voluntarily consented and submitted to them in Parliament and the sole reason why our Acts of Parliament binde the Subjects in former times and at this day is not because the king willed them z 4. H. 7. 18. 7. H. 7 14. 11. H. 7. 27. 33. H 6. 17. Bro. Parliament 4. 40. 76. 107. Cromptons Iurisdiction f. 8. but because the people gave their a Bro. Ancient Demesne 2â— 10. H. 7. 20. a. 33. H. 8. c. 17. generall consents unto them in Parliament as Sir Thomas Smith in his Common-wealth of England Holinshed the Prologues to most Ancient Statutes the King by the advise and assent of the Lords Spirituall and Temporall and Commons and at the speciall request of the Commons in Parliament assembled and by THE * See 2. 7. 8. 12. 14. 17. 4. H. 7. AUTHORITY OF THE SAME PARLIAMENT doth grant and ordaine c and all our Law-bookes resolve and that upon this received Maxi ne of Law Quod tangit omnes ab omnibus debet approbari The king doth but like the Minister in Marriage declare it to be a Law but t is the parties consents which makes the marriage and the people onely that makes it â— Law to binde them whence those in a Cook 7. â—â—luins case 7. H. 6. 35. b. Dyer 373. Br. Parliament 98. Scotland Ireland Man Garnsey â—â—â— Jerâ—â—e are not bound by our English Statutes nor we by theirs nor tenants in Ancient demesne because they consented not to them Therefore the chiefe Legislative power is in the people and both Houses oâ— Parliament not in the king as it was in the Roman State Where the b Livy Hist â— 1. 2. Bodin Common-wealth â— 1 c. 10. people had the Soâ—eraigne Iurisdiction of making and confirming Lawes to binde them not their Kings Emperours oâ— Senate as I shall hereafter manifest Secondly this appeares by the case of c Fiz Assise 413. Avowry 74. Praescriâ—â—ion 67. Broo Custome 31. Co. 5. Rep. f. 63. 64. 67. 68 Kitâ—chin 45. 73 â—0 Customes and By-Lawes in Corporations and Manoâ—â—s which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of

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