goe unto it petitioning the King to desist from this Warre and at last caused the King in Parliament to release these services And Anno 1205. The Lords and Commons for this very reason refused to go with King Iohn to his warres in France to recover his inheritance there In the sixt yeare of King Richard the second in a Parliament holden at London it was for many dayes together debated whether the Bishop of Norwich Henry Spensâ—r whâ—m the Pope had made Generall of his Forces against the Schismatickes of Flanders giving great indulgences to those who should assist him in person or with Monies in this Warre should undertake that Warre or no and after muâ—h opposition of the Captaines of the kingdome alledging that it was not safe to commit the people of the King and kingdome to an unexpert Priest it was at last resolved in Parliament through the constancy and valour of the Knights and Commons that he should undertake this war and goe Generall of the Army Which office he valiantly managed with good successe being a better Souldier than Preacher And the same yeare in another Parliament at London it was Decreed BY THE PARLIAMENT that because the Scots had broken their Faith with the English Faith should be broken with them Frangenti fidem fides frangatur eidem And that a select power should be sent into Scotland out of England to wit a thousand Lances and 2000. Archers to curbe their attempts under the conduct of the Lord Thomas of Woodstocke which the Scots being informed of were greatly afraid and in the end of the Parliament sent humble supplicants to it to treat with them about a peace or truce which they desired But the English having had such frequent experience of their falshood would neither treat nor compound with them but reviling their messengers commanded them to returne home wishing them to defend their heads and rights as well as they could Who returning the Northerne Lords undertooke the defence of their Country untill Thomas of Woodstocke should be pâ—epared to ayd them with greater Forces Loe here both Generalls Armies Warres appointed by the Parliament and Subsidies likewise granted to supply them and the making of a peace or truce referred to them it being agreed in a former Treaty that if any dammage or injury should be done by either Nation one to another some speciall Committees should be sent to the Parliament of both kingdomes every yeare who should publikely relate the injuries sustained and receive amends according to the dammage suffered by the judgement of the Lords In the Printed Statutes of 18 Ed. 3. Parliament 2. and in our Historians too I finde this preamble recited almost verbatim the next Parliament the same yeare chap 1. It is to be remembred that at the Parliament hâ—lden at Westminster the munday next after the Utas of the Holy Trinity in the Reigne of our Soveraigne Lord the King that now is of England the 18. and of France the 5. many things were shewed in full Parliament which were attempted by the adversary party against our Soveraigne Lord the King of France against the Truce late taken in Britaine betwixt our Soveraigne Lord the King and him And how that he enforceth himselfe as much as he may to destroy our said Soveraign Lord the King and his Allies Subjects Lands and places and the tongue of England And that was prayed by our said Soveraigne Lord the King of the Prelates great men and Commons THAT THEY WOULD GIVE HIM SUCH COUNSELL and AIDE AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY And the same Prelates great men and Commons taking good deliberation and advice and openly seeing the subversion of the Land of England and Kings great businesse which God defend if hasty remedy be not provided HAVE COUNSELLED JOYNTLY and SEVERALLY and prayed with great instance our Soveraigne Lord the King that he would make him as strong as he might to passe the Sea in assurance of the ayde of God and his good quarrell effectually at this time TO MAKE AN END OF HIS WARRES BY WAY OF PEACE OR ELSE BY FORCE And that for Letters words nor faire promises he shall not let his passage till he see the effect of his businesse And for this cause the said great men do grant to passe and adventure them with him And the said Commons doe grant to him for the same cause in a certaine forme two Quinzimes of the Commonalty and two Dismes of the Cities and Burroughes to be levyed in manner as the last Quinzime granted to him and not in other manner c. So that the money levyed of the same be dispended in the businesse shewed to them this Parliament BY ADVICE OF THE GREAT MEN THERETO ASSIGNED And that the aydes beyond Trent BE PUT IN DEFENCE OF THE NORTH A pregnant Precedent of the Parliaments interest in concluding Warre and Peace and disposing of the ayde contributed towards warres to such persons and uses as they deeme meete to confide in By these with infinite other precedents the Statute of 1 Iac. c. 2. and the Act of Pacification and oblivion betweene Scotland and England made this very Parliament enacting that no warre shall be levyed or made by any of either Nation against the other without consent of Parliament under paine of High Treason It is evident that the principall right of concluding denouncing Warre or peace resides in the Parliament and that the King without its previous advice and consent ought not to proclaime any open warre since the Subjects estates and persons must support wage it and receive most disadvantage by it a truth not onely implyed but resolved by his Majesties owne royall assent this very Parliament in the Act of Pacification betwixt England and Scotland Neither is this thing unusuall but common in other Kingdomes Livy Polybius Grimston Plutarch Iohn Bodin expresly affirme and confirme by sundry examples That in the Roman State both under their Kings and Emperours the chiefe power of denouncing warre and concluding peace was in the Senate and people And if any of their Emperours Consuls or Generals concluded peace without their consents it did not binde but was meerely voyd unlesse the Senate and people ratified it by a new decree neither might any warre be decreed but in the great assembly of the Senate and people together and by a publike Law And because Caesar had without command of the people made warre in France Cato Uticensis delivered his opinion in the Senate that the Army was to be called home and Caesar for his presumption delivered up to the Enemy So in the States and Kingdomes of the Athenians Aetolians Polonia Sweden Denmarke and Norway no Warre was begunne nor Peace concluded by their Kings but by the authority and preceding decree of their Senates Parliaments and Diets as Bodin proves at large The like Buchanan affirmes of the Kings of Scotland and we have divine authority
Spensers and other ill Counsellors about this king in the last yeare of his raigne though the King himself were in their Company and taken prisoner by the Forces raised against them for the necessary preservation reliefe and safety of the Queene Prince Nobles Kingdome to be no high Treason nor offence at all namely the statute of 1. E. 3. c. 1. 2. 3. which I shall recite at large Whereas Hugh Spenser the Father and Hugh Spenser the Sonne late at the suite of Thomas then Earle of Lancaster and Leycester and Steward of England by the common assent and vote of the Peers and Commons of the Realme and by the assent of King Edward Father to our Soveraigne Lord the King that now is AS TRAITORS ENEMIES OF THE KING OF THE REALME were Exled disinherited and banished out of the Realme for ever And afterward the same Hugh by evill Councell which the king had about him without the assent of the Peeres and Commons of the Realme came againe into the Realme and they with other proâ—â—cured the said king to pursue the said Earle of Lancaster and other great men and people of the Realme in which pursuite the said Earle of Lancaster and other great men and people of the Realme were willingly dead and disinherited and some outlawed banished and disinherited and some disinherited and imprisoned and some ransommed and disherited and after such mischiefe the said Hugh and Hugh Master Robâ—rt Baldocke and Edmoâ—d Earle of Arundell usurped to them the Royall power so that the king nothing did nor would doe but as the said Hugh and Hugh Robert and Edmond Earle of Arundell did councell him were it never so great wrong during which usurpation by duresse and force against the Will of the Commons they purchased Lands as well by fines levied in the Court of the said Edward as otherwise and whereas after the death of the said Earle of Lancaster and other great men our Soveraigne Lord the King that now is and Dame Isabel Queene of England his Mother by the Kings will and Common Councell of the Realme went over to Francâ— to treate of peace betweene the two Realmes of England and France upon certaine debates then moved The said Hugh and Hugh Robert and Edmond Earle of Arundell continuing in their mischiefe encouraged the king against our Soveraigne Lord the king that now is his sonne and the said Queene his wife and by royall power which they had to them encroached as afore is said procured so much grievance by the assent of the said King Edward to our Soveraigne Lord the King that now is and the Queene his mother being in so great jeopardy of themselves in a strange Country and seeing the Destruction Dammage Oppressions and Distractions which were notoriously done in the Realme of England upon holy Church Prelates Earles Barons and other great men and the Commonalty by the said Hugh and Hugh Robert and Edmond Earle of Arundell by the encroaching of the said royall power to them to take as good Councell therein as they might And seeing they might not remedie the same unlesse they came into England with an Army of men of warre and by the Grace of God with such puissance and with the helpe of great men and Commons of the Realme they have vanquished and destroyed the sayd Hugh and Hugh Robert and Edmond Wherefore our Soveraigne Lord King Edward that now is at his Parliament holden at Westminster at the time of his Coronation the morrow after Candlemas in the first yeare of his reigne upon certaine Petitions and requests made unto him in the said Parliament upon such Articles above rehearsed by the common councell of the Prelates Earles Barons and other great men and by the Commonalty of the Realme there being by his Commandment hath provided ordained and stablished in forme following First that no great man or other of what estate dignity or condition he be that came with the said king that now is and with the Queene his mother into the Realme of England and none other dwelling in England who came with the said king that now is and with the Queene In ayde of them to pursue their said enemies in which pursuite the King his Fatâ—er was taken and put in ward and yet remaineth in ward shall not be molested impeached or gâ—ieved in person or goods in the kings Court or other Court for the puâ—suite of the said king taking and with holding of his body nor pursuâ—te of any other nor taking of their persons goods nor death of any man or any other things perpetrate or committed in the said pursuite from the day the said king and Queene did arme till the day of the Coronation of the same king and it is not the kings minde that such offenders that committed my trespasse or other offence out of the pursuites should goe quit or have advantage of this statute but they shall be at their answere for the same at the Law Item that the repeale of the said Exile which was made by Dures and force be adnulled for evermore and the said Exile made by award of the Peeres and Commons by the kings assent as before is said shall stand in his strength in all points after the tenure of every particular therein contained Item that the Executors of the Testament of all those that were of the same quarrell dead shall have actions and recover the Goods and Chattels of them being of the said quarrell whose executors they be as they of the same quarrell should c. Certainely here was an higher pursuite and levying warre against the King and his evill Councellors then any yet attempted by this Parliament and a warre rather offensive then defensive in which the king himself was both taken and dâ—tâ—ined Prisoâ—â—r and then forced to resigne his Crowne to his sonne yet this is here justified as a necessary just and lawfull warre by an Act of Parliament never yet repealed and all that bare Armes against the king and his ill Councellors yea they who pursued apprehended and imprisoned the king himselfe are as to this particular discharged by the king and whole Parliament from all manner of guilt or punishment or prosecution whatsoever against them Which consideration makâ—s me somewhat confident that this King and the Parliament held in the 25. yeare of his Raigne ch 2. Which declares it high Treason to levie warre against the King in his Realmâ— did never intend it of a necessary defensive warre against a seduced King and his evill Councellors especially by the Votes of both Houses of Parliament who doubtlesse would never passe any Act to make themselves or their Posteritie in succeeding Parliaments Traytors for taking up meere necessary defensive Armes for their owne and the Kingdomes preservation for that had beene diametraâ—ly contrary to this statute made in the very first yeare and Parliament of this King and would have lâ—yd an aspertion of High Treason upon the king himself the Queene his
by all good Frenchmen assisted by all Princes and Estates which love the true Religion or the good of this State and in a word we shall be favoured of the blessings of God whereof we have hitherto had good experience in our Arms and which will be to the glory of his Name and the spirituall advancement of our Churches After which the Duke of Rhoan and Protestants in defence of their Religion and Liberties joyn with the Princes and Nobles At last both sides came to Articles of agreement made at Luudun Anno 1616. whereof these were a parcell That the grievances of the generall State should be speedily answered That Soveraign Courts should be preserved in their authority and the Remonstrances of the Parliament and Peers considered of That such as had been put from their Offiâ—es should be restored That all moneys they had taken out of the kings Revenues should be discharged All Edicts of pacification granted to them of the Reformed Religion observed The prince of Conde and all those of either Religion who had assisted him in this â—ar held for the Kings good and loyall subjects all illegall Imposts removed and all prisoners taken on either side set at liberty Anno 1617. the King and Queene Mother seizing upon the Prince of Conde his person and sending him to the Bastile upon false pretences of disloyaltie and treason caused new insurrections warres and tumults and the Princes hereupon meeting at Soyssons resolved to make open war to seize on the Kings Revenues and to fortifie those Towns and Castles which they held in their Government which they executed and withall set forth a Remonstrance of their grievances unto the king complaining especially against the Marshall of Ancre and his Wife with their adheronts who were the causes of all their miseries who having drawn unto himselfe the whole administration of the Realme made himselfe master of the Kings Councels Armies and Forts thereby supprest the lawfull libertie and Remonstrances of the Parliament caused the chief Officers to be imprisoned and was the cause of the violence done to the Prince of â—onde first Prince of the Blood To the end therefore that they might not be reproached to have been so little affected to his Majestie so ungratefull to their Countrey and so unfaithfull to themselves and their posterity as to hold their peace seeing the prodigious favour and power of this stranger they beseech his Majestie to provide by convenient means for the disorders of the Estate and to cause the Treaty of Loudun to be observed and to call unto his Councels the Princes of the Blood with other Princes Dukes Peers ancient Officers of the Crowne and Councellors of State whom the deceased King had imployed during his reigne Withall they publish a solemne Declaration and Protestation for the restoring of the Kings authority and preservation of the Realme against the conspiracie and tyrannie of the Marshall of Ancre and his adherents Who finding no safetie in the settling of jâ—stice resolved to make triall of his power by violating the publike faith thereby to plunge the Realme into new combustions conspiring to destroy the princes of the blood of Peers and chiefe Officers of the Crowne and to oppresse them altogether with the State who might be an obstacle to his ambitious designes To which end he raised false accusations against them as if they meant to attempt the Kings and Queen Mothers persons and caused the King to go in person to his Court of Parliament to publish a Declaration whereby they were declared guilty of Treason though at last being better informed he declared them to be his good Subjects and caused De Ancre to be suddenly slain in the Louure and his Wife to be legally condemned and executed Vpon which the new Councellors and Officers advanced by him were removed the old restored the Princes reconciled to the Kings and by him declared for his good and loyall subjects Vpon which followed a generall assembly of the Estates wherein divers grievances were propounded and â—ome redressed the King therein craving their advice for the setling and ordering of his Privie Councell Anno 1620. there happen differences between the King and Queen Mother who fortified Towns and raised an Army against the king at last they came to an agreement and were reconciled The two following years were spent in bloody civill warrâ—s betweene the King and those of the Religion who avowed their defensive warres lawfull which at last concluded in peace that lasted not long but brake out into new flames of war by reason of the great Cardinall Richelieu who of late years proved the greatest Tyrant and Oppressour that France ever bred reducing both Nobles Gentlemen and Peasants into absolute slavery and vassallage to make the King an absolute Monarch of France and himselfe both Pope and Monarch of the world But he lately dying by the of Divine Iustice of filthy Vlcers and Diseases and the King since being some say poysoned by the Ieâ—uiteâ— who murthered his two immediate Predecessors wise men conjecture the French will now at last revive and regain their ancient jâ—st hereditary freedom rights Liberties and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years and almost brought to utter desolation I have the longer insisted on these Histories of the Kings and Kingdom of France which clearly demonstrate the Realm Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort paramount their kings them selves who are no absolute Monarchs nor exempted from the Laws jurisdiction restraints censures of their Kingdom and Estates assembled as some falsly averre they are because our Royalists and Court Doctors pâ—rallell England with France making both of them absolute Monarchies and our greatest malignant Councellors chiefe Designe hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France which how pernicious they have proved to that unfortunate Realm what infinite diâ—tructive civill warres and combustions they have produced and to what unhappy tragicall deaths they have brought divers of their Kings Princes Nobles and thousands of their people the premisses other Storyes will so far discover as to cause all prudent Kings and Statesmen to â—â—eer the Helme of our own and other Kingdoms by a more safe steddy and fortunate compasse Thus I have done with France and shall recompence any prolixity in it with greater brevity in other Kingdoms when I have overpassed Spain From France I shall next â—â—eer my course tâ— the Kingdomes and Kings of Spaine whom Iacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado 1602. professedly undertakes to prove to be of greater digâ—ity and to have the Precedency of the Kings and Kingdoms of France which Cassaâ—aeus and all French Advocates peremptorily deny The first Kings of Spain over-run by the Goths and Wisigoths are those
pursuit where of they raise an army of ten thousand men whereof he was made Generall they send Ambassadours to the Pope and Councill whereof Roderic was chief and upon a full hearing of the cause before Rupâ—rt Cardinall of â—aint Sabria the Popes Legat at Tholouse judgement was pronounced for the liberty of Spain and it was decreed That the German Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain which was afterwards confirmed by the customes of the people the consent of other Nations the publike resolution and judgement of Lawyers as Iacâ—obus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large The Generall History of Spain records that the Councill of Florence resolved that seeing the Kings of Spain had defended and conqâ—ered their Realms by Arms without any ayd from the Emperours they were free and exempt from all subjection and acknowledgement to the Emperours whereof we may read the Glosse upon the Chapter Adrianus Papa distinct 63. The like priviledge have the Kings of France the State of Venice the Kings of England and some others Which clearly demonstrates the Soveraign power of Kingdoms and Nations even over their Kings and Princes and that they may justly desend themselves and Elect other Princes when they are deserted or destroyed by them Anno 1083. Sacho Ramires king of Aragon to supply the chargâ—s of his wars against the Moors was sometimes forced to use the revenues of his Clergy his Treasure being not able to furnâ—sh so great a charge but the Bishops of his Countrey who affected nothing more but to enrich their own Order and State opposed themselves against him and afflicted him in such sort as putting him in a vain fear that he was damned for this cause They made him do Penance in the Church of Roda before Saint Vincents Altar in the presence and at the pursuite of Raymund Dolmare Bishop of that place the Bishop of Jarca and others and to confesse publikely that he had grievously offended Thus those good Fathers publikely insulted over their Soveraigne Anno 1091. king Alphonso granted this priviledge among other to Toledo That the City of Toledo might never be alienated from the Crown nor given upon any Title whatsoever to man woman or child Anno 1076. Sancho King of Naâ—arre was slain in battell by his brother Raymond thinking to reigne after him but the Navarroyes expelled him out of their confines disdaining that he should raigne over them who had embrued his hands in his kingly brothers blood and sending to Sancho Ramires 4. king of Aragon called him to raigne over them because their slain kings sonnes were â—oo young to raigne and protect them from their enemies by which meanes the kingdomes of Arragon and Navarre were united Veracha Queen of Castile a most lascivious open Adultresse by her unchast life so farre provoked her husband Alphonso that he was divorced from her made warre against her and confined her After which she still continuing in her lewdnesse the Nobility and States of Castile and Leon revolt from her take armes against her depose her from the Crowne and elect and crown her sonne Alphonso the 8. king An. 1122. allowing her onely a pension to support her life Alphonso King of Arragon by his last Will and Testament most solemnly ratified for the expiation of his sins gave divers crown Lands Tenements Revenues and Legacies to Religious houses and persons An. 1132. but being prejudiciall to the Crown his Will after his death was held void and not put in execution he being slain by the Moores An. 1134. the States of Arragon elected one Peter Tares for their King who growing exceeding proud of his new dignity began to despise the Nobles and abrogate the Lawes and customes of the Country And the Nobles being assembled at a general Assembly of the States going to visit him he comanded his Porter to shat them out saying that Mounsieur was busie about matters of great importance but they understood afterwards that the great affairs causing him to exclude his friends were his Barbar was trimming him which so incensed the Nobles and great men that the nexâ— day they held their generall Assembly of the Estates without the King where they first of all decreed to depose their new king because being â—in honour he had no understanding of himselfe and because they found he would grow more proud and insolent afterwards whereupon expelling Peter the Estates assembling at Borta elected Ramier a Monke brother to king Alphonso for their King who was much derided of his Nobles for his Monkish simplicity and at last turned Monk againe But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdome and being jealous that the Arragonoys by chusing a King of the blood Royall of Arragon would by this meanes aspire to the chief places of honour and favour in Court it was concluded that the Estates of Navarre should assemble at Pampelone where they chose Garcia Remiâ—es their King of Navarre and so the Realmes of Arragon and Navarre which had been uâ—ited 58. yeers were seperated in these two Kings The Kingdomes of Spain being often before and since this time united and divided as the people and Realmes assented or dissented thereunto Not to mention the troubles of Castile by reason of the nonage of their king Alphonso the fourth of whose custody and tuition the assembly of the Estates disposed or how some Knights of Castile slew a Iew with whom this king was so enamoured that he forgot his new Spouse and almost lost hâ—s sences Aâ—no 1179. king Alphonso assembled the Estates of Castile at Burgon to leavie a Text upon the people whereto the Nobâ—litie as well as the rest should contribute imposing 5. Maravidis of gold for every person but it took no effect for all the Gentlemen of Castile being discontented that he sought to infâ—inge their Liberties fell to armes and being led by the Earle Don Pedro de Lara they were resolved to resist this tax and defend their Liberties with the hazzard of their lives Whereupon Alphonso changed his opinion and let them understand that from thenceforth he would maintain their immunities and that whatsoever he had then propounded was not to continue but only to supply the present necessity of affaires which he would seek to furnish by some other meanes For the great resolution which Don Pedro de Lara shewed in this action the Nobility of Castile did grant to him and his successours a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence and thereby the Lords of Lara have the first voyce for the Nobility in the Court of Castile An. 1204. King Alphonso the Noble called a Parliament of the Lords Prelates and Deputies of the Townes of his Realm at Toledo to advise and assist him in his warrs against the Moores where they
his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred that upon his returne they beseiged him at Barwick and almost tooke him prisoner but by the mediation of some of his Councell who informed the Nobles that the King was by violence fraud circumvented by the King of England of the ancient patrimony of the Crowne land they resolved to recover it by war the Scottish Nobility affirming that the King had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament This King after some encounters making a peace with the English upon unequall termes wherin he parted with some of his ancient territories out of his pusilanimity against his Nobles consent hereupon he grew so odious and contemptible to them that they were all weary of his government and caused many to take up Armes and Rebell against him After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King and the government of the Realme during the Inter-regnumâ— where first of all they appointed six men to rule the Realme for the present and then heard and discussed the severall Titles pretended to the Crowne the finall determination whereof they referred to King Edward the first of England as to the Supreame Soveraigne Lord of the Realme who selecting 12. Sâ—ottish and 12. English Councellors to assist him After full hearing by generall consent of all adjudged the Crown to Iohn Baylioll husband to King Alexanders â—ighest Kinswoman The Scots considering his simplicity and unaptnes to governe them and scarce confiding in him being an Englishman and elected by the K. of England coÌ„stituted them 12. Peers after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose advise the King and all the affaires of the Realme were to be governed and directed He was taken and kept prisoner by the English After the death of Robert Bruce the Scots before their King was crowned created a Vice-Roy to govern the Realme who suppressed the theeues and Robbers Edward Bayliol sonne to Iohn Bayliol succeding Bruce was afterwards rejected and deposed by the Scots for adhereing too closely to the English K. Edward and David Bruce elected K. in his place Robert the 2d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented there unto but his Nobles being against it his assent alone was in vaine because the King of Scotland alone can make no firme peace nor truce nor promise which shall bind but by publike consent in Parliament King Robert the 3d. dying of griefe for the captivity and imprisonment of his Son Iames taken prisoner by our King Henry the 4 th as he was going into France the Scots hereupon appointed Robert his uncle by common consent for their Vice-roy till Iames the first of that name right heire of the Cowne were enlarged Iames being freed and Crowned summoned a Parliament wherein an ayde was granted him to pay his ransome with much difficulty he had many Civill wars with his Subjects and at last was murthered by Robert Grame and his confederats from whom he received 28. wounds in his Chamber in the night wherof he presently died Iames the 2. his son being but 7. yeares old at his death Alexander Leviston was chosen Protector and William Crichton made Chancellor by Parliament Which the Earle Douglas storming at committed many insolencies in a hostile manner After which Alexander and his faction opposing the Chancellor and commanding that none should obey him the Chancellor thereupon fortified Edenborough Castle and as the King was hunting early in the morning seized upon him with a troop of Horse brought him to Edinburgh Castle where he detained him from the Protector till the peace of the Kingdom and present divisions should be setled which lasting very long by reason of Earle Douglas his ambition power and covetousnes who raised many grievous civill wars he was at last stabbed to death by the King himselfe Anno 1452. contrary to his promise of safeâ— conduct to the Court under the Kings and Nobles hands and seales Wherupon his brethren and Confederats meeting at Sterling resolved to revenge his death and tied the Kings and Nobles writing of safe conduct to an horses taile which they led through the streets of Sterling railing at the King and his Councell as they went and when they came into the market place where they had 500. trumpets sounding they by an Herald proclaimed the King and all that were with him fedifragus perjured and enemis of all good men and then spoiled and burned the Towne Country with all places else that were firme to the King betweene whom and the kings party a bloody civill warre to the spoyle of the Countrey continued above two yeares space with various successe till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon whose sonne Iames the 3. being but 7. yeeres old was proclaimed king in the Campe and the Queen Mother made Regent till a Parliament might be called to settle the government but when the Parliament assembled upon the Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government they Elected 6. Regents to governe the King and Realme during his minority After which Bodius was made Vice-roy This king being seduced by ill Courtiers and Councellors which corrupted him thereupon divers of the Nobles assembling together resolved to goe to the Court to demand these ill Councellors and seducers of the King and then to execute them which they did accordingly and that with such fury that when they wanted cords to hang some of them they made use of their horses bridles and every one strave who should be forwardest to doe this execution The king promising reformation was dismissed but in steed of reforming he meditated nothing but revenge blood and slaughter in his minde and plotting secretly to murther the Nobles in Edenburg by the helpe of Earle Duglasse he detesting the fact and revealing the Treachery thereupon the Nobles who formerly desired onely his reformation took up Armes to deâ—â—roy him as one incorrigible and implacable whereupon they made the Kings sonne Vice-roy and knowing the kings perfidiousnesse would yeeld to no termes of peace unlesse he would resigne up his Crown to his son which he refusing thereupon they gave him battle and slew him as a common enemie After which calling a Parliament they created his son Iames the fourth king who comming under the power of the Duglasses rescued himselfe at last from them and invading England Anno. 1542 when he proclaimed Oliver Sincleer his favorite Geneâ—all the Scottish Nobility tooke it in such indignation that they threw downe their weapons and suffered themselves to be taken prisoners whereupon the king growing sicke with griefe and anger soone after
upon demand he raiseth a great Army and takes his Castle On this the King upon better consideration did againe promise and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at the day and place appointed he holds a great conference with the Lords But the evill Counsellers 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 his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manours Woods Parkes Ponds and being led and seduced by evill Counsels lesse regarded his faithfull Subjects whose native blood would not permit them to bow downe than Forainers and which is worse called them Traytors by whom he ought to settle the peace order the Counsels and dispose the affaires of his kingdome The Bishop of Winchester offended it seemes at Peeres 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 Iusticiars as himselfe pleaseth to ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent speech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellers 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 not themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that perturbed the peace of the Realme and so the hoped Accomodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces fell pell mell upon the Kings Army slew divers of his Forrainers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund Arch-Bishop of Canterbury elect with other suffragan Bishops bewailing the estate of the kingdome presented themselves before the King at Westminster telling him as his loyall liegeman and O that some Bishop or faithfull person if there be any such about his Majesty would now deale thus clearely with him touching his evill Counsellors That the Counsell of Peter Bishop of Winchester and his complices which now he had and used was not sound nor safe but evill and dangerous to himselfe and his Realme First for that they hated and despised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the people from him as in the Earle Marshall whom being one of the worthiest men of the Land by sowing false tales they drave into discontentment Secondly that by the Counsell of the said Peter his Father King Iohn first lost the hearts of his people then Normandy then other lands and finally wasted all his treasure and almost England also and never after had quiet Thirdly that if the Subjects had now beene handled according to Justice and law not by their ungodly Counsels these present troubles had not hapned but the Kings lands had remained undestroyed his treasure unexhausted Fourthly that the Kings Councell is not the Councell of peace but of perturbation because they that cannot raise themselves by peace must raise themselves by the troubles dis-inherison of others Fifthly that they had the Treasure Castles Wardships and strength of the kingdome in their hands which they insolently abused to the great hazard of the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we O King speake of these things faithfully unto you in the presence of God and man and doe counsell beseech and admonish you to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faithfull and sworne children thereof To which the King in briefe answered That he could not suddainely put off his Councell and therefore prayed a short respite Nothing had hitherto preserved the King more Than that he could without griefe forgoe any favorites if he were nearely pressed the contrary quality whereof hath beene the cause of finall desolation to so many Princes For though choyce of Counsellers be for the most part free yet by common intendment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love of a whole Nation rather than to relinquish or diminish a particular dependance for which the publique must not be hazarded nor subverted The King therefore in this point not infortunate commands Bishop Peter from his Court to keepe residence at his Cure without once medling in State affaires removes all his evill Counsellors deprives them of their Offices and puts good men in their places and commands all Poictovians and Foraine Forces to depart the Realme receives all his Nobles unto favour restoring them to their lost Offices Lands Castles admits them into his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And for Peter Rivales his Treasurer he was so incensed against him for his ill Counsell that he sware he would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster the King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye spake thus to him O thou Traytor by thy wicked advise I was drawne to set my Seale to those Treacherous Letters for the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Counsell I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy complices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which enterprise I wasted my Treasure and lost many worthy persons together with much of my Royall respect Therefore I exact of thee an accompt and thou shalt be carryed to the Tower of London to deliberate till I am satisfied And thus were these civill warres and differences reconciled ill Counsellors removed enormities reformed Delinquents punished not without reducing store of coyne to the King and peace established in the kingdome Which History I have more largely recited because most of its passages are Parallel to the Kings and his evill Counsellors present proceedings on the one hand and to the Parliaments in some sort on the other hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour and just punishment of all ill counsellors Cavalieres and Delinquents the
their destruction attended in ambush The King sweares his innocency promising safe conduct to the Lords if they would come who thereupon came strongly guarded and would trust no longer The King sitting in Royall State in Westminster Hall the Lords present themselves upon their knees before him and being required by the Lord Chancellor Why they were in warlike manner assembled at Haring gye Parke contrary to the Lawes their joynt answer was That they were assembled for the good of the King and kingdome and to weed from about him such Traytors as he continually held with him The Traytors they named to be Robert de Vere Duke of Ireland Alexander Nevill Arch-bishop of Yorke Michael de la Pole Earle of Suffolke Sir Robert Trâ—silian that false Justiciar Sir Nicholas Brambre that false knight of London with others To prove them such They threw downe their Gloves as gages of challenge for a triall by the Sword The King hereupon replyed as knowing they were all hidden out of the way This shall not be done so but at the nâ—xt Parliament which shall be the morrow after Candlemas all parties shall receive according as they deserve And now to you my Lords How or by what authority durst you presume to levy Forces against me in this Land did you thinke to have terrified mee by such your presumption Have not I men and armes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of you all no more than of the basest Scullions in my kitchins Having used these and many like high words he tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The rest of the conference was calme and the whole deferred till the next Parliament then shortly to be holden at Westminster In the meane time that the world might see how little able the King was to equall his words with deeds a Proclamation was set forth in which the King before any tryall cleareth the Lords of Treason names thoâ—e persons for unjust accusers whom the Lords had before nominated The Lords neverthelesse thought not good to sever themselves but kept together for feare of the worst which fell out for their advantage For the Duke of Ireland with the Kings privity such was his false dissimulation had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke slew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare Among the Dukes carriages was found as the devill or rather God would have it certaine Letters of the Kings to the said Duke by which their Counsels were plainely discovered The Lords hereupon march with speed up to London having an Army of forty thousand men the Lord Mayor and City doubtfull whether to displease the King or Lords upon consultation receive the Lords into the City and supply their Army with provisions in the Suburbs Which the King hearing of seemed to slight them saying Let them lye here till they have spent all their goods and then they will returne poore and empty to their houses and then I shall speake with and judge them one after another The Lords hearing this were exceedingly moved and swore They would never remove thence till they had spoken with him face to face And forthwith sent some to guard the Thames lest the King should slip out of their hands and then scoffe at them The King being then in the Tower and seeing himselfe every way encompassed sent a message to the Lords that he would treat with them who thereupon desired him That he would come the next day to Westminster where they would declare their desire to him The King replyed That he would not treat with them at Westminster but in the Tower To which the Lords answered That it was a suspicious place because traines might there be laid for them and dangers prepared to destroy them Whereupon the King sent word They should send thither two hundred men or more to search and view all places lest any fraud should lye hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to him briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability and underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them together with the French packets they had intercepted whereby it appeared he had secretly practised to flye with the Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the Crowne of England held in those parts whereby his honour might diminish his strength decay and his fame perish The King seeing this knew not what to doe especially because he knew himselfe notably depressed At last craving leave they left him confounded and shedding teares yet upon condition that he should come to Westminster the next day where hee should heare more and treate of the necessary affaires of the kingdome Which he promised to doe retaining the Earle of Darby to sup with him But before he went to bed O the ficklenesse of weake Princes and faithlessenesse of their royall words and Protestations some whisperers telling him that it was not decent safe nor honourable for the King to goe thither he changed his resolution The Nobles hearing this were very sad and discontented and thereupon sent him word That if he came not quickely according to appointment they would chuse them another King who both would and should obey the Counsell of his Peeres The King strucke with this dart came the next day to Westminster there attending his Nobles pleasures To whom after few discourses the Nobles said That for his honour and the benefit of his kingdome all Traytors whisperers flatterers evill instruments slanderers and unprofitable persons should be banished out of his Court and company and others substituted in their places who both knew how and would serve him more honourably and faithfully Which when the King had granted though with sorrow they thought fit that Alexander Nevill Archbishop of Yorke Iohn Fordham Bishop of Durham with sundry other Lords knights and Clergy men should be removed and kept in strait prison to answer such accusations as should be objected against them the next Parliament Whereupon they were apprehended forthwith and removed from the Court After the feast of Purification the Parliament much against the Kings will who would have shifted it off at that time began at London The first day of the Session Fulthorpe and all the rest of the Judges were arrested as they sate in judgement on the Bench and most of them sent to the Tower for that having first over-ruled the Lords with their Counsels and direction which they assured them to be according to Law they afterward at Nottingham gave contrary judgement to what themselves had determined formerly Tresilian the chiefe Justice prevented them by flight
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 Politique King inferiour to their Lawes and Parliaments the sole Law-makers Law-alterers though not against but with the Kings assent considered not abstractively as Kings but copulative as a branch and member of the Parliament And indeed to speake impartially though the Kings Royall assent be generally requisite to passe and retifie Lawes yet I humbly conceive that the originall prime Legislative power of making Lawes to binde the Subjects and their Posterity rests not in the Kings owne Royall person or Jurisdiction but in the Kingdome and Parliament which represents it For first admit the King should propound any Lawes to his people as Kings and Law-givers usually did at first yet these Lawes would not 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 but because the people gave their 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 AUTHORITY OF THE SAME PARLIAMENT doth grant and ordaine c. The Kings Coronation Oath Quas vulgus Elegerit and all our Law-bookes resolve and that upon this received Maxime of Law Quod omnes tangit ab omnibus debet approbari Hence Marius Salamonius defines a Law to be Expressa Civium Conventio and averres that Ligatur populus suis legibus quasi pactis conventis quae verae sunt Leges And he likewise proves at large That the Lawes to which Princes assent are more the Peoples Lawes than the Kings because Kings doe passe and grant them but as the publicke Ministers of the people and by their command and direction and they could neither assent to Lawes nor doe any other Act of Royalty unlesse the people had given them such authority with which Fortescue concurres c. 9. 13 14. The King in passing Bils doth but like the Minister in Marriage declare it to be a Law but it is the parties consents which makes the Marriage and the peoples onely that makes it a Law to binde them whence those in Scotland Ireland Man Garnsey and Iersie are not bound by our English Statutes nor Tenants in Ancient Demesne as hath beene oft times judged because they consented not to them Therefore the chiefe Legislative power is in the people and both Houses of Parliament not in the King as it was in the Roman State where the people had the Soveraigne Jurisdiction of making and confirming Lawes to binde them not their Kings Emperours or Senate as I shall hereafter manifest Secondly This appeares by the case of Customes of By-Lawes in Corporations and Manours which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of their mutuall assents alone and as these private By-Lawes oblige all those who consent to them by reason of their ownefree assents onely so doe all publicke Acts of Parliaments obliege all Subjects onely because of their generall assents to them in their Knights Citizens and Burgesses elected by and representing their persons Thirdly all Bills or Acts of Parliament are usually made framed altered thrice read engrossed voted and fully agreed upon in both Houses without the Kings personall knowledge or privity for the most part before they come to have his Royall assent And when they are thus agreed on by both Houses the King cannot alter any one word or letter in them as the Houses may doe but must either absolutely asâ—ent to or consider further of them And if the King send any Bill he desires to have passe it must be thrice read and assented to in both Houses which have power to reject alter enlarge or limit it as they thinke meete else it can be no Act at all A cleare Demonstration that the chiefe power of enacting and making Lawes is onely in the people Commons and Peeres not the King who by his Writ doth purposely summon them to meete and enact Lawes as the chiefe Legislators Witnesse this notable clause in the Writ for the Election of Knights and Burgesses Ita quodiidem Milites plenam sufficientem Potestatem pro SE COMMUNITATE Comitatus praedicti dicti Cives Burgenses pro SE COMMUNITATE Civitatum Burgorum praedictorum divisim ab ipsis habeant AD FACIENDUM ET CONSENTIENDUM HIS quae tunc ibidem DE COMMUNI CONSILIO DICTI REGNI not Regis nostri contigerint ORDINARI super negotiis antedictis Ita quod PRO DEFECTU POTESTATIS HUJUSMODI c. dicta negotia INFECTA NON REMANEANT quovis modo answerable to which is that clause in Pope Elutherius his Epistle to our first Christian King Lucius about An. 185. Ex illis Dei gratia PER CONSILIUM REGNI VESTRI SUME LEGEM per illam Dei potentia vestrum reges Britania regnum Fourthly all publicke Acts are the whole Kingdomes Lawes not Kings alone made principally and solely for the Subjects benefit if good their prejudice if ill therefore the whole Kingdome represented in and by both Houses not the King knowing much better what is good or bad for themselves than the King alone it is just and reasonable that they and not the King should be the principall Law-makers to binde or burthen themselves with any new Lawes penalties or restraints This is the ground of that notable Rescript of the Emperour Theodosius to the Roman Senate which proves the Roman Emperours to have no right nor power to declare or make Lawes but by the Senates concurring assent and approbation Humanum esse probamus si quid de caetero in publica privatave causa emerser it necessarium quod formam generalem antiquis Legibus non insertum exposeat id AB OMNIBUS autem tam Proceribus nostri Palatii quam gloriosissimo caetu vestro Patros conscripti tractari si UNIVERSIS tam Iudicibus quam VOBIS placuerit tunc legata dictari sic ea denuo COLLECTIS OMNIBUS recenseri CUM OMNES CONSENSERINT tunc demum in sacro nostri numinis consistorio recitari ut UNIVERSORUM CONSENSUS nostrae Serenitatis authoritate firmetur Scitote igitur Patres conscripti NON ALITER IN POSTERUM LEGEM a nostra clementia PROMULGANDAM nisi supradicta forma fuerit observata Bene enim
of the said Scaffold declared and related to all the people how that our Lord the King had taken the said Oath inquiring of THE SAME PEOPLE IF THEY WOULD CONSENT TO HAVE HIM THEIR KING AND LIEGE LORD Who with ONE ACCORD CONSENTED THERETO Which Thomas of Walsingham who relates the whole forme of this Kings Coronation thus describeth Quibus completis Archiepiscopus praecedente eo Marescallo Angliae Henrico Percy convertit se ad omnes plagas Ecclesiae INDICANS POPULO REGIUM JURAMENTUM quaerens SI SE TALI PRINCIPI AC RECTORI SUBJICERE ejus jussionibus obtemperare VELLENT ET RESONSUMESTA PLEBE resono clamore QUOD LUBENTER SIBI PARERE VELLENT Which custome both before and since hath been constantly in this Land observed at the Coronation of our Kings from all these I say it is apparent First that Popish Parliaments Peeres and Subjects have deemed the Crowne of England not meerely successive and hereditary though it hath usually gone by descent but arbitrary and elective when they saw cause many of our Kings comming to the Crowne without just hereditary Title by the Kingdomes Peeres and people free election onely confirmed by subsequent Acts of Parliament which was then reputed a sufficient Right and Title by vertue whereof they then reigned and were obeyed as lawfull Kings and were then and yet so acknowledged to be their right by Election of their Subjects the footsteps whereof doe yet continue in the solemne demanding of the peoples consents at our Kings Inaugurations being seldome or never adjudged an illegall usurpation in any Parliaments whence the statute of 1 E. 4. c. 1. 9 E. 4. f. 2 declares King Henry the 4. 5. and 6. to be successively Kings of England indeed and not of right yet not usurpers because they came in by Parliament Onely Richard the third who treacherously murthered Edward the 5. his Soveraigne and violently usurped his Crowne at first before any Parliament gave it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaughter in Bosworth field was declared an usurper by Act of Parliament 1 Hen. 7. c. 6. and so adjudged to be by 8 H. 7. f. 1. see 1 E. 4. c. 1 c. 9 E. 4. f. 1 2. and Henry the 7. had the Crown set upon his head in the field by my Lord Stanly as though saith Grafton he had been elected king by the voyce of the people as in ancient times past in divers Realmes it hath been accustomed Secondly that those Kings who have enjoyed the Crown by succession descent or election have still taken it upon the conditions and covenants contained in their Coronation Oathes which if they refused to sweare to the Peeres and people really and bona fide to performe they were not then to be crowned or received as Kings but adjured in the name of God to renounce this dignity And though in point of Law those who enjoy the Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent Conditions both contained in their Coronation Oathes which impose no new but onely ratifie the old conditions in separably annexed to the Crown by the Common Law ever since Edward the Confessors daies and long before as Father Littleton resolves the Office of a King being an Office of the greatest trust of any other which the Common Law binds the King well and lawfully to discharge to doe that which to such Office belongeth to doe as the Oathes of all our Kings to their people really to performe these Articles and Conditions fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the Kings pleasure to take or refuse them if he will but necessary and inevitable by the Law and constant usage of the Realm yea of all Christian most Pagan Realms whatsoever which prescribe like Oathes to their Kings From aâ—l which I may firmely conclude that the whole kingdome and Parliament are the Supreame Soveraigne Authority and Paramount the king because they may lawfully and dâ—e usually prescribe such conditions termes and rules of governing the people to him and bind him thus by Oath faithfully to perform the same as long as he shall continue King which Oath our Kings usually tooke or at least faithfully promised to take to their Subjects in ancient times before ever they did or would take an Oath of fealty homage or Allegiance to them as the premises evidence Claus. Rot. 1 R. 2. M. 44. Tenthly Our Parliaments and Kingdome anciently in times of popery and Paganisme have both challenged and exercised a Supreame power over the Crowne of England it selfe to transferre it from the right heire and setle it on whom themselves thought meete to elect for their King and likewise to call their Kings to an account for their mis-government and breach of Oath to the prejudice of their people so farre as to article against them and either by force of Armes or a judiciall sentence in Parliament actually to depose them and set up others in the Throne as the fore-cited presidents of Archigallo Emerian two ancient Brittish Kings of Edwin king of Mercia and others deprived of all honour and kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression Male-administration vicious lives and others elected and made kings in their places evidence which Acts of theirs they then reputed just and legall I shall cite you onely two presidents of this kind which have meere relation to Parliaments The first is that of King Edward the second who being taken prisoner by his Queen Sonne Nobles for his male-administration the Queen with her sonne by the advice of her Councell summoned an high Court of Parliament at Westminster in the Kings name which began the 16 day of January An. 1325. In which assembly it was declared that this Realm could not continue without an head and governour and therefore first they agreed to draw into Articles the Mis-government of the king that was in prison and all his evill doings which he had done by evill and naughty Counsell And when the said Articles were read and made knowne to all the Lords Nobles and Commons of the Realme they then consulted how the Realme should be governed from thenceforth And after good deliberation and consultation of the foresaid Articles of the Kings evill government they concluded THAT SUCH A MAN WAS NOT WORTHY TO BE A KING NOR TO WE ARE A CROWNE ROYALL And therefore they all agreed that Edward his eldest sonne who was there present and was rightfull heire should be crowned King in stead of his Father SO THAT HE WOULD TAKE ABOUT HIM SAGE TRUE AND GOOD COUNCELL and that from thenceforth the Realm might be better governed then before it had been And it was also agreed that the old king his father should be well and honestly kept as long as he lived according
irregularities I make no question that they would have joyntly answered as I doubt not but our Parliaments Kingdomes and all other Nations were they at this day to institute their preerected Principalities and Kings would answer to that they had never any imagination to erect such an absolute eternall unlimited uncontrollable irresistable Monarchy and plaine tyranny over them and that they ever intended to reserve the absolute originall Soveraigne Jurisdiction in themselves as their native hereditary priviledge which they never meant to divest themselves of that so by means thereof if their Princes should degenerate into Tyrants they might have a just authority power and remedy residing in them whereby to preserve themselves the Nation Kingdome from utter desolation ruine and vassalage An impregnable evidence that the whole Kingdom and Parliament representing it are the most Soveraign power and above the King himselfe because having the supream Jurisdiction in them at first they never totally transferred it to our Kings but reserved it in themselves which is likewise further confirmed by that notable passage of Philocheus Archilacus in his Somnium Viridarii c. 171. Royall power is instituted three manner of wayes First by the will and pleasure of the people because every people wanting a King of their own not being subject to the Emperour or some other King MAY BY THE LAW OF NATIONS MAKE THEMSELUES A KING 94. Dist. c. Legitima If a Royall Principality be thus instituted as it is in the proper pleasure and power of the people to ordaine that the King shall be either Successive of Elective so it is in their pleasure to ordaine That Kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation or any other solemnity or that they shall receive this power onely by their Coronation or any other solemnity about him Thereason whereof is Because as every one in the delivery of the gift of his owne goods may impose what covenant or condition he pleaseth and every man is moderator and disposer of his owne estate so in the voluntary institution of a King and Royall Power IT IS LAWFULL FOR THE PEOPLE SUBMITTING THEMSELUES TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE so as it be not unreasonable and unjust and directly against the rights of a Superiour Therefore lawfull to reserve â—he Soveraigne Power in and to themselves and not to transfer it wholly to their Kings 14 There is one cleare Demonstration yet remaining to prove the supreme power of Parliaments above Kings themselves which is this That the Parliament is the highest Court and power to which all Appealâ—s are finally to be made from all other Courts and Iudges whatsoever yea from the Kings own personall resolution in or out of any other his Courts and such a transcendent â— ribunall from whence there is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous Judgement be given in the Kings Bench Exchequer-Chamber Chancery Court of Wards or any other Court within the Realm or in the Parliament in Ireland it is finally to be reversed or determined in Parliament by a Writ of Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Dâ—legates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediable in this high Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any Judgement it is not so obligatory or finall but that the party against whom Judgement is pronounced may appeale to the Parliament for reliefe as Seneca epist. 100. out of Tully de Repub. Fenestella Hugo Grotius de jure Belli l. 1. c. 4. s. 20. p. 65. record that among the Romanes in certain causes they might appeale from the King to the people But if the Parliament give any Judgement There can be no appeale to any higher Tribunall Court or person no not to the King but onely to the next or some other Parliament as is evident by experience by all Attainders of Treaâ—on by or in Parliament by all inconvenient and unjust Acts passed in Parliament which concerne either King or Subject which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter from the King but onely by an act of repeale or restitution in another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to whom the last appeale is to be made is the Supreamâ—st power as the Kings Bench is above the Common Pleas the Eschequer Chamber above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a 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 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 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 finalâ— Judges of it Not to give you any instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our King Iohn condemned to death by a Parliament in France by French Peers for slaying his Nephew Arthur treacherously with his own hands and likewise to lose the crown of England or bow Henry the third K. Edward the first 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 mention how the Parliaments and generall assembly of the estates of France have
the Iudges or Iustices of either Bench Eyer Assize or Oyer and Terminer being in their places doing their Offices though by the Kings command as is clear by 25 E. 3. c. 2. and all our Law Books then much more must it be high Treason against the King and Kingdom to warre against the highest Court of Parliament or slay any Member of it for doing their Offices and executing the Houses just Commands If bare mis-Councelling the King to the prejudice of the Kingdom hath so frequently been adjudged high Treason against the King and Realm in severall Parliaments as appears by the forecited Histories of Gaveston the two Spensers Alexander Nevill De la Pole Trysilian and others then what is it to miscouâ—cell and assist him to make an offensive War against his Parliament Kingdom people for to ruine them certainly this must be high Treason against King and Realm in the superlative degree If the Parliament and Kingdom be destroyed or their hearts blood shed their vitall spirits let out by an unnaturall War against them the King himself at least in his royall Capacity as King and his royall posterity too must necessarily be unkinged and overwhelmed in their ruines but if the Kingdom stand and flourish for whose Peace and safety Kings themselves ought not onely to lay down their Crowns but lives as Christ the King of Kings hath resolved and the High Priest too though the King should die or perish as all Kings ever were and will be mortall yet their posterity may enjoy the Crown and reign in honour in prosperity after their death which they cannot do if the Kingdom perish Therefore all those Malignants Papists Delinquents and others who have most unnaturally taken up arms against the Parliament and Kingdom to dissolve and ruine them though by the Kings own illegall Commission or Command are not onely Arch-traytors to the Parliament and Realm alone but likewise to the King himself and his Posterity too in the very judgement of Law whose blood is shed whose Crown and Royalty subverted ruined in the bloodshâ—d ruine destruction of his Parliament Kingdom people As it is in the naturall so likewise in the politicâ— Body a mortall wound in any part of the body kills both body and head the body naturall or politicke cannot die or miscarry but the head must do so likewise therefore this War against the Parliament and Kingdom must in point of Law and Conscience too be a War against the King himself the chief politick head and member of them both from which he cannot legally be severed and high Treason at least against them both as the Parliament the sole Judge of Treasons hath resolved long since in their Declaration of August 18. 1642. in thâ—se positive words The Lords and Commons do declare That all such persons as shall upon any pretence whatsoever assist his Majesty in this war with Horse Arms Plate or Money ARE TRAYTORS TO HIS MAJESTIE THE PARLIAMENT AND THE KINGDOM and shall be brought to condigne punishment for so high an offence which they have since seconded in sundry other Declarations and Impeachments In brief the Gunpowder plot in 3. Iacobi to blow up the Parliament House was then adjudged resolved by the Parliament King and Judges to be high Treason not onely against the King but Parliament and Kingdom too and to blow up or assault the Parliament now in the Kings absence is questionlesse High Treason both against the King Parliament and Kingdom Yea the Statute of 28. H. 8. c. 7. declares those who shall claim the Crown even of right in any oeher manner then is limited by vertue and authority of that Act after the Kings death with all their Counsellors and abettors to be deemed and adjudged HIGH TRAITOURS TO THE REALM not the King and such their offence to be reputed HIGH TREASON and they for it to suffer such pains of death and forfeiture of Lands and Goods as in any cases of high Treason is used onely because it might in common probability ingender a Civil war and Dissentions in the Kingdom to be destruction of the people and their posterities much more then must it be high Treason against the Realm and those High Traitours who now actually wage War against the Parliament the Kingdom and destroy the Subjects and their estates in divers places which they have burned sacked ruined I read in Fabian that Eguiran chief Councellour to Philip the third of France was judged to death and hanged on the Gibbet at Paris for Treason against King Philip and the REALM OF FRANCE as our Powder Traitors were executed for high Treason against the King and Realm of England of late and Gaveston with the Spensers heretofore By the Stat. of 1 E. 3. c. 1. 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Stat. 2. c. 6. 1. Mariae c. 6. certain offences are declared and made high Treason and the committers of them Traitours and enemies not onely to and against the King but likewise TO AND AGAINST THE REALM and in particular the illegall indicting of some Lords to destroy them as guilty of high Treason for procuring a Commission in Parliament supposed prejudiciall to the King and his Crown in 10 R. 2. c. 1. and the opposing and annulling of that Commission and of some Processe Iudgements Executions made given and affirmed in some of these Parliaments raising forces and leavying war against the Parliament and Members of it to destroy them were then adjudged high Treason both against the King and THE REALM though done by the Kings expresse Commission and command The reason is because the King himselfe and the whole Realm in judgement of Law are ever legally present in and with his Parliament when they sit as I have already proved where ever the Kings person is and his royall legall will of which alone the Law takes notice is ever presumed to concur with his greatest Councâ—ll the Parliament against whose Priviledges safety and protection he neither can nor ought by Law or right to attempt any thing and if any personall Commands or Commissions of the King under his great Seal to do ought against Magna Charta the Subjâ—cts libertyâ— safety property the Parliaments Priviledges the Common or Statute Laws of the Realm all which together with the Kings Coronation Oath and the Prologues of most old Parliaments expresly prohibit the levying of war killing wounding murthering imprisoning disinheriting robbing or plundering of the Subjects without legall triall or conviction as do the Statutes of 2 R 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers especially the Welchmen issue out to any person or persons whatsoever especially to raise forces or levie war against the Parliament or Subjects they are meerly void in Law and will rather aggravate then extenuate the guilt
by the Free-holders and put in their roomes divers of his owne Minions subverting the Law contrary to his Oath and honour In the yeare 1261. The Barons by vertue of an Ordinance of Parliament made at Oxford in the 45 yeare of Henry the third admitted and made Sheriffes of divers Counties in England and named them Guardians and Keepers of those Counties and discharged them whom the King had before admitted After which great tumults and seditions arose throughout the Counties of England about the Sheriffes for the King making new Sheriffes in every County and removing with regall indignation those to whom the custody of the Counties was committed by the Barons and Commons of the Land the Inhabitants of the Counties animated with the assâ—stance and ayded with the Counsell of some great men of the Realme by whom they were instructed with great sagacity Novos râ—pulere viriliter Vicecomites manfully repulsed the new Sheriffes Neither would they answer regard or obey them in any thing Whereat the King being grievously troubled in mind to gaine the peoples devotion fidelity directed his Letters to all the Inhabitants of the several Counties of England moving to piety tending to regaine the Subjects love Wherupon great discord increased betweene the King and his Barons who comming to London with great forces the King finding himselfe too weak ended the matter for the present with a fained Accommodation which soone after was infringed by him and so Conquievit tandem per internuncios ipsa perturbatio SUB SPE PACIS reformandae sine strepitâ—â— guerrae quorundum Procerum ad hoc electorum considerationibus parte utraque concorditer inclinata Sicque Baronum omnis labor atque omne studium praecogitatum diu QUORUNDAM ut putabatur ASTUTIA INTERMIXTA cassatum est ad hoc tempus emarcuit quia semper nocuit differre paratis writes Matthew Westminster Notwithstanding these contests the people still enjoyed the right of electin Sheriffes which is evident by the Statute of Articuli super Chartas in the 28. yeare of King Edward the first c. 8. The King granteth to the people not by way of grace but of Right that they shall have election of their Sheriffe IN EVERY SHIRE where the Shrevalty is not of Fee IF THEY LIST and chap. 13. For as much as the King hath granted the election of the Sheriffes to the COMMONS of the Shire the King will that THEY SHALL CHUSE such Sheriffes that shall not charge them c. And Sir Edward Cooke in his Commentary on Magna Charta f. 174 175. 558 559. 566. proves at large the right of electing Sheriffes to be antiently of late and at this day in many places in the Free-holders and people as in London York Bristoll Glocester Norwich in all great Cities which are Counties and in Middlesex Seeing then the Parliament and Free-holders in antient times had a just right to elect their Generals Captaines Sheriffes who had the sole power of the Militia and Counties in their hands next under the King himselfe and there is no negative Law in being that I can find to exclude them from this power I humbly conceive that their setling the Militia by an Ordinance of Both Houses and electing of Commanders Lieutenants Captaines in each County to execute it and defend the Counties from plundering and destruction without his Majesties consent especially after his refusall to settle it by an Act can be no incroachment at all upon his Prerogative Royall but only a reviving and exercising of the old undoubted rightfull power enjoyed by their Predecessors now necessary to be resumed by them in these times of feare and danger for the kingdomes safety Fifthly The Mayors Bayliffes Sheriffes chiefe Officers of Cities and Townes corporate throughoutâ— the Realme who under the King have the principall command of those Cities Townes Ports and in many places of the Militia and Trained Bands within them are alwayes chosen by the Corporations and Freemen not the King without any derogation to or usurpation on his Prerogative Why then may not those Corporations yea each County too by the like reason and the Parliament which represents them and the whole kingdome without any prejudice or dishonour to his Majesties Authority by an Ordinance of both Houses of Parliament without the King dispose of the Militia and these Military Officers for the defence of those Corporations and the Realme too now in times of such apparent danger Sixthly all Military affaires of the kingdome heretofore have usually even of right for their originall determining counselling ann disposing part 〈◊〉 Ordered by the Parliament the executive or ministeriall part onely by the King and so hath beene the use in most other kingdomes To instance in particulars First the denouncing of warre against Foraine enemies hath beene usually concluded and resolved on by the Parliament before it was proclaimed by the King as our Records of Parliament and Histories of warres in the Holy-Land Frâ—â—ce Scotland Ireland abundantly evidence King Henry the fifth by the advise of his Prelates Lords and Commons in Parliament and at their encitement twice denounced and undertooke his victorious warre against France to which Crowne he then laid claime for which end they granted him Subsidies King Edward the 1. in the 21 yeare of his Reigne calling a Parliament at London de Concilio Praelatorum Procerum c. by the advise of his Prelates Lords and Parliament denounced war against the King of France to recover his right and lands there seised Which to effect both the Clergy and Laity granted him large Subsidies In the fifth yeare of King Edward the third the warre against Scotland was concluded and resolved on in and by the Parliament all the Nobles and Commons of England telling the King they would gladly and willingly assist and goe with him in that expedition which they vigorously prosecuted Before this Anno 1227. A peace as well as war was conecâ—uded with the Scots in and by a Parliament at Northampton Anno 1242. King Henry the third summoning a Parliament and demanding ayd of his Subjects to assist him in his warre against the King of France to recover his rights there they gave him a resolute answer that they would grant him no ayde and that he should make no war with France till the Truce were expired which Matthew Paris thus further expresseth The Nobles answered him with great bitternesse of heart that he had conceived this warre and vnyage into France without their advise Et talia effrons impudenter postularat exagitans depauperans fideles suos tam frequenter traâ—ens exactiones in consequentiam quasi a servis ultimae conditionis tantam pecuniam toties extorsit inutiliter dispensandam Contradixerunt igitur Regi in faciem nolentes amplius sic pecunia sua frustratorie spoliari The King hereupon put them off till the next day Romanorum usus vertutis fallaciis and then they should heare his
concurring with it Iosh. 22. 11 12 c. Iudg. 20. 1. to 48. compared with Prov. 20. 18. c. 24. 6. and Iudg. 11. Secondly All preparations belonging to warre by Land or Sea have in the grosse and generall beene usually ordered limited and setled by the Parliaments as namely First What proportions and summes of money should be raised for the managing of the warre in what manner and time it should be levyed to what hands it should be paid and how disbursed which appeares by all the Bills of Subsidies Tenths Taxes Tonnage and Poundage in the Reignes of all our Kings Secondly How every man should be Mustered Arrayed Armed According to his estate as is cleare by all our Statutes of Armour Musters Captaines Ships Horses Warres reduced under heads by Rastall where you may peruse them by Justice Crookes and Huttons Arguments against Ship-money Sir Edward Cookes Institutes on Magna Charta f. 528 529. the Parliaments two late Declarations against the Commission of Array and the Statute of Winchester 13. E. 1. c. 6. Thirdly How farre every man shall March when he is Arrayed when he shall goe out of his owne County with his Armes when not who shall serve by Sea who by Land how long they shall continue in the Warres when they shall be at their owne when at the Kingdomes when at the Kings costs or wages and for how long time as the Marginall Statutes and next forecited Law Authorities manifest Fourthly When where and by whom Liveries Hats Coates shall be given in Warres when not and what Protections or Priviledges those who goe to Warres or continue in them shall have allowed them Fifthly What shares or proportions of Prisoners Prises Booties Captaines and Souldiers should be allowed in the Warres And at what Ports and rates they should be Shipped over Sea Sixthly How and by whom the Sea shall be guarded and what Jurisdiction Authority and share of Prises the Admirals of England shall have When the Sea shall be open when shut to enemies and strangers What punishments inflicted for Mariners abuses on the Sea And what redresse for the Subjects there robbed by enemies or others Seventhly What Castles Forts Bulwarkes shall be built or repaired for defence of the Realme in what places and by whose charges Eightly What punishment shall be inflicted upon Captaines who abuse their trust detaine the Souldiers wages and on Souldiers who sell their Armes or desert their colours without speciall License Ninthly What provision there shall be made for and maintenance allowed to Souldiers hurt or maimed in the Warres by Land and for Mariners by Sea Tenthly That no ayde Armour Horses Victuals shall be conveyed to the enemies by way of Merchandise or otherwise during the Warres that all Scots and other enemies should be banished the Kingdome and their goods seised whiles the warres continued betweene England and them Eleventhly How Frontier Castles and Townes toward Waâ—es and other places of hostility should be well manned and guarded and no Welchmen Irish Scots or alien Enemies should be permitted to stay in England to give intelligence or suffered to dwell or purchase Houses or Lands within those Townes and that they shall all be disarmed Twelfthly After what manner Purveyances shall be made by the Captaines of Castles and how they shall take up victuall In one word Warres have beene ended Leagues Truces made confirmed and punishments for breach of them provisions for preservation of them enacted by the Parliament as infinite Precedents in the Parliament Rols and Printed Acts demonstrate So that our Parliaments in all former ages even in the Reignes of our most Martiall Kings have had the Soveraigne power of ordering setling determining both the beginning progresse and conclusion of our Warres and the chiefe ordering of * all things which concerned the managing of them by Sea and Land being indeed the great Counsell of Warre elected by the Kingdome to direct our Kings who were and are in truth but the kingdomes chiefe Lord Generalls as the Roman Emperours and all Kings of old were their Senates States and Peoples Generals to manage their Warres and fight their battailes the Soveraigne power of making and directing Warre or Peace being not in the Emperours or Kings themselves but in their Senates States and Parliaments as Bodin proves at large And being but the Kingdomes Generals who must support and maintaine the Warres there is as great reason that they should direct and over-rule Kings in the Ordering of their Warres and Militia when they see cause as that they should direct and rule their Lord Generall now or the King his Generals in both his Armies During the minorities of King Henry the sixth and Edward the sixth the Parliament made the Duke of Bedford Regent of France and the Dukes of Glocester and Sommerset Lord Protectors of England committing the trust of the Militia and Warres to them And i 39. H. 6. the Parliament made Richard Duke of Yorke Lord Protector of the Realme and gave him like power when the King was of full age And in our present times The King himselfe this very Parliament voluntarâ—ly committed the whole care and managing of the Warres in Ireland and the Militia there to this present Parliament who appointed both the Commanders and al other Officers of the Forces sent hence into Ireland and that without any injury or eclipse to his Majesties Royall Prerogative If then the Subjects and Parliament in ancient times have had the election of their Generals Captaines Commanders Sheriffes Mayors and other Officers having the chiefe ordering of the Militia under the King if they have constantly Ordered all parts and matters concerning the Warres in all former Kings Reignes appointed Regents and Protectors committing to them the Kings owne Royall power over the Militia during their Minorities and his Majesty himselfe hath permitted this Parliament to Order the Militia of Ireland to which they have no such right or Titleash to that of England without any prejudice to his Prerogative I can see no just exception why his Majesty should at first or now deny the Parliament such a power over the Militia as they desired for a time or why in point of Honour or Justice their Bill for setling the Militia in safe under hands in such persons as both sides may well confide in should now be rejected being for the Kings Kingdomes and Parliaments peace and security much lesse why a bloody intestine Warre should be raised or continued upon such an unconsiderable point on his Majesties part who seeing he cannot manage the Militia in proper person in all Counties but onely by Substitutes hath farre more cause to accept of such persons of Honour and quality as his Parliament shall nominate in whom himselfe and his whole Kingdome in these times of Warre and danger may repose confidence to execute this trust then any whom his owne judgement alone or
some private Lords or Courtiers shall recommend in whom the Kingdome and Parliament in these jealous deceitfull times dare not confide The yeelding to the Parliament in this just request will remove all feares and jealousies restore our peace re-gaine his Majesty the reall affections of his discontented Subjects the persisting in the contrary course will but adde fuell to our flames feares doubts dangers and frustrate all hopes all endevours of Peace From the Militia it selfe I descend to the consequencies of its denyall the Parliaments seising upon Hull with other Ports and Forts the Royall Navy Ammunition Armes Revenues and detaining them still from his Majesty the grand difference now pretended whence the present warre hath emerged which these ensuing considerations will in a great measure qualifie if not altogether satisfie First his Majesty and all Royalists must necessarily yeeld that the Ports Forts Navy Ammunition Armes and Revenues thus seised on by the Parliament though his Majesties in point of possession yet are not his but the Kingdomes in point of right and interest they being first transferred to and placed on his Predecessors and himselfe by the Parliament and Kingdome not in right of propriety but conditionally upon trust his Majesty being but a publike Officer for the defence and safety of the Realme and though his Majesty came to them by descent yet it was but in nature of the Heire of a Feoffee in trust for the use and service of the kingdome as a King in his politicke not as a man or Proprietor in his naturall capacity as our Law Bookes Terminis terminantibus resolve Hence it hath been oft adjudged that the King can neither by his will in writing nor by his Letters Patents Devise or alien the Lands Revenues Jewels Ships Forts or Ammunition of the Crowne unlesse it be by vertue of some speciall Act of Parliament enabling him to doe it by the kingdomes generall consent and if any such alienations be made they are voyd in Law and may be yea have beene oft resumed reversed by the Parliament because they are not the Kings but kingdomes in point of intereâ—t and propriety the Kings but in possession and trust for the kingdomes use and defence Hence it is that if the King dye all his Ships Armes Ammunition Jewels Plate Debts to the Crowne Moneyes Arrerages of Rents or Subsidies Wards and Rights of presentments to voyd Churches goe onely to his Successors not to his Executors as in case of a common person because he enjoyes them not as a Proprietor as other Subjects doe but as a Trustee onely for the kingdomes benefit and defence as a Bishop Abbot Deane Mayor or such like Corporations enjoy their Lands not in their naturall but politicke capacities for the use and in the right of their Churches Houses Corporations not their owne Upon this ground King Harold pleaded his Oath and promise of the Crowne of England to William the Conquerour without the Kingdomes consent to be voyd and King Philip with all the Nobles of France and our owne Parliament 40 E. 3. rot Parâ— nu 8. unanimously resolved King Iohn his resignation and grant of the Crown and Kingdome of England to the Pope without the Nobles and Parliaments consents to be a meere nullity voyd in Law binding neither King nor Subject the Crowne and possessions of it being not the Kings but kingdomes And before this Anno Doâ— 1245. in the great Councell of Lyons under Pope Innocent to which King Henry the third sent foure Earles and Barons together with the English Prelates and one Master William Powyke an Advocate to complaine of the Popes exactions in the Councell which they did where they likewise openly protested against the annuall tribute extorted by the Pope by grant from King Iohn whose detestable Charter granting that annuall tribute was reported to be burnt to ashes in the Popes closet by a casuall fire during this Councell as a meere nullity and that in the behalfe of the whole kingdome of England EO QUOD DE REGNI ASSENSU NON PROCESSERAT because the kingdome consented not thereto and because the King himselfe could make no such Charter to charge the kingdome Which Matthew Paris thus expresseth W. De Poweric Anglicanae Vniversitatis Procurator assurgens gravamina Regni Angliae ex parte universitatis Angliae proponens satis eleganter conquestus est graviter quod tempore Belli per â—â—uriam Romanam extortum est tributum injuriose in quod nunquam patres Nobilium regni vel ipsi consenserunt nec consentiunt neque in futurum consentient unde sibi petunt justitiam exhiberi cum remedio Ad quod Papa nec oculos elevans nec vocem verbum non respondit Upon this reason l Matthew Paris speaking of King Henry the third his morgaging his kingdome to the Pope Anno 1251. for such monies as he should expend in the Warres useth this expression Rex secus quam deceret aut expediret Se suumque Regnum sub paena exhaeredationis QUOD TAMEN FACERE NEC POTUIT NEC DEBUIT Domino Papae obligavit Hence King Edward the third having the Title of the King and Crowne of France devolved to him which made some of the English feare that they should be put in subjection to the Realme of France against the Law the Parliament in the 14. yeare of his Reigne Stat. 4. passed a speciall Act declaring That the Realme of England never was nor ought to be in subjection nor in the obeysance of the Kings of France nor of the Realme of France and enacting that the King of England or his Heires by colour of his or their Titles to the Crowne Seale Armes and Title of the King of France should not in any time to come put the Realme of England or people of the same of what estate or condition soever they be in subjection or obeysance of him nor his Heires nor his Successors as Kings of France nor be subject nor obedient but shall be free and quite of all manner subjection and obeysance as they were wont to be in the time of his Progenitors Kings of England for ever By the Statute of 10 R. 2. c. 1. it is resolved That the King could not alien the Land Castles Ships Revenues Jewels and Goods of the Crowne and a Commission is thereby granted to inquire of and resume all such alienations as illegal Hence the Commons in the Parliament of 16 R. 2. c. 5. of Praemunire in their Petition to the King and the whole Parliament in and by that Law declared That the Crowne and kingdome of England hath been so free at all times that it hath beene in subjection to no Realme but immediately subject to God and to none other which by the prosecution of suites in the Court of Rome for Benefices provided against by this Act should in all things touching the Regality thereof be submitted to the Bishop of Rome and the Laws
sweare to observe before they are crowned the words of which law are these The King shall take heed that he neither undertake warre nor conclude peace nor make truce nor handle any thing of great moment but by the advise and consent of the Elders to wit the Iustitia Arragoniae the standing Parliament of that kingdome which hath power over and above the King And of later dayes as the same Author writes their Rici-homines or selected Peeres appointed by that kingdome not the King have all the charges and offices both of warre and peace lying on their neckes and the command of the Militia of the kingdome which they have power by their Lawes to raise even against their King himselfe in case he invade their Lawes or Liberties as he there manifests at large So in Hungary the great Palatine of Hungary the greatest officer of that kingdome and the Kings Lieutenant Generall who commands the Militia of that Realme is chosen by the Parliament and Estates of that country not the King It was provided by the Lawes of the Aetolians that nothing should be entreated of CONCERNING PEACE OR WARRE but in their Panaetolio or great generall Councell of state in which all Ambassadors were heard and answered as they were likewise in the Roman Senate And Charles the fifth of France having a purpose to drive all the Englishmen out of France and Aquitain assembled a generall assembly of the estates in a Parliament at Paris by their advise and wisedome to amend what by himselfe had not beene wisely done or considered of and so undertooke that warre with the counsell and good liking of the Nobilitie and people whose helpe he was to use therein which warre being in and by that Councell decreed prospered in his hand and tooke good successe as Bodin notes because nothing giveth greater credit and authority to any publike undertakings of a Prince and people in any State or Commonweale then to have them passe and ratified by publike advise and consent Yea the great Constable of France who hath the government of the Kings Sword the Army and Militia of France was anciently chosen by the great Councell of the three Estates Parliament of that kingdome as is manifest by their election of Arthur Duke of Britaine to that office Anno 1324. before which Anno 1253. they elected the * Earle of Leycester a valiant Souldier and experienced wise man to be the grand Seneschall of France ad consulendum regno desolato multum desperato quia strenuus fuit fidelis which office he refused lest he should seeme a Traytour to Henry the third of England under whom he had beene governour of Gascoigne which place he gave over for want of pay In briefe the late examples of the Protestant Princes in Germany France Bohemia the Low countries and of our brethren in Scotland within foure yeares last who seised all the Kings Forts Ports Armes Ammunition Revenues in Scotland and some Townes in England to preserve their Lawes Liberties Religion Estates and Country from destruction by common consent without any Ordinance of both Houses in their Parliament will both excuse and justifie all the Acts of this nature done by expresse Ordinances of this Parliament which being the Soveraigne highest power in the Realme intrusted with the kingdomes safety may put the Ports Forts Navy Ammunition which the King himselfe cannot manage in person but by substitutes into such under Officers hands as shall both preserve and rightly imploy them for the King and kingdomes safety and elect the Commanders of the Militia according to the expresse letter of King Edward the Confessors Laws which our Kings at their Coronations were still sworne to maintaine wherewith I shall in a manner conclude the Legall part of the Subjects right to elect the Commanders of the Militia both by Sea and Land Erant aliae potestates dignitates per provincias patrias universas per singulos Comitatus totius regni constitutea qui Heretochii apud Anglos vocabantur Scilicet Barones Nobiles insignes sapientes fideles animosi Latine vero dicebantur Ductores exercitus apud Gallos Capitales Constabularii vel Marâ—schaâ—li Exercitus Illi vero ordinabant acies densissimas in praeliis aâ—as constituebant prout decuit prout iis melius visum fuit ad Honorem Coronae ET AD UTILITATEM REGNI Isti vero viri ELIGEBANTUR PER COMMUNE CONCILIUM PRO COMMUNI UTILITATE REGNI PER PROVINCIAS ET PATRIAS UNIVERSAS ET PER SINGULOS COMITATUS so as the King had the choyce of them in no Province or Countrey but the Parliament and people onely in pleno Folcmote SICUT ET VICECOMITES PROVINCIARUM ET COMITATUUM ELEGI DEBENT Ita quod in quolibet Comitatu sit unus Heretoch PER ELECTIO NEM ELECTUS ad conducendum exercitum Comitatus sui juxta praeceptum Domini Regis ad honorem Coronae UTILITATEM REGNI praedicti semper cum opus adfuerit in Regno Item qui fugiet a Domino vel socio suo pro timiditate Belli vel Mortis in conductione Heretochii sui IN EXPEDITIONE NAVALI VEL TERRESTRI by which it is evident these popular Heretochs commanded the Militia of the Realme both by Sea and Land and might execute Martiall Law in times of war perdat omne quod suum est suam ipsius vitam manus mittat Dominus ad terram quam ei antea dederat Et qui in bello ante Dominum suum ceciderit sit hoc in terra sit alibi sint ei relevationes condonatae habeant Haeredes ejus pecuniam terramejus sine aliqua diminutione recte dividant inter se. An unanswerable evidence for the kingdomes and Parliaments interest in the Militia enough to satisfie all men To which I shall only adde that observation of the learned Antiquary Sir Henry Spelman in his Glossarium Title Dux and Heretochius where he cites this Law of King Edward That the Heretoch was Magister Militiae Constabularius Mariscallus DVCTOR EXERCITVS SIVE NAVALIS SIVE TERRESTRIS called in Saxon Heretoga ab Here Exercitus Togen Ducere Eligebantur in pleno Folcmote hoc est non in illo sub initio eaâ—endarum Maii at in alio sub capite Calendarum Octobris Aderant tune ipsi Heretochii QUAE VOLUERE IMPERABANT EXEQUENDA consvlto tamen PROCERUM COETU ET JUDICIO TOTIUS FOLCMOTI APPROBANTE Then he subjoynes POPULARIS ISTA HERETOCHIORUM SEU DUCUM ELECTIO nostris Saxonibus cum Germanis aliis COMMUNIS FUIT Vt in Boiorum ll videas Tit. 2. cap. 1. S. 1. Siquis contra Ducem suum quent Rex ordinavit in Provincia illa AUT POPULUS SIBI ELEGERIT DUCEM de morte Ducis consiliatus fuerit in Ducis sit potestate c. Hue videtur pertinere quod apud Greg. Turon legas l. 8. Sect. 18. Wintro Dux à Pagensibus
the Lord Burnell And here upon the Prince in his owne name and of the other forementioned Lords prayed to be excused in case they could not finde sufficient to support their necessary charges And that notwithstanstanding any charge by them accepted in this Parliament that they may be discharged in the end of the Parliament in case nothing shall be granted to support their foresaid charges And because the said Prince should not be sworne by reason of the highnesse and excellency of his Honourable Person the other Lords and Officers were sworne and swore upon the condition aforesaid to goâ—erne and acquit themselves in their counsell well and faithfully according to the tenour of the first Article delivered among others by the said Commons and likewise the Iustices of the one Bench and other were sworne and tooke an Oath to keepe the Lawes and doe Iustice and equall right according to the purport of the said first Article And on the 9. of May being the last day of the Parliament The Commons came before the King and the Lords and then the Speaâ—er in the name of the said commons prayed the King to have full conusance of the names of the Lords of his Counsell and because the Lords who were named before to be of the said Counsell had taken their Oathes upon certaine conditions as aforesaid that the same Lords of the Counsell should now be newly charged and sworne without condition And hereupon the Prince prayed the King as well for himself as for the other Lords of the Counsell that forasmuch as the Bishop of Durham and Earle of Westmorland who are ordained to be of the same Counsell cannot continually attent therein as well for divers causes as are very likely to happen in the Marches of Scotland as for the enforcement of the said Marches that it would please the King to designe other Lords to bee of the same Counsell with the Lords before assigned And hereupon the King IN FVLL PARLIAMENT assigned the Bishop of Saint Davids and the Earle of Warwicke to be of his said Counsell with the other forenamed Lords and that they should bee charged in like manner as the other Lords without any condition A notable President where all the Kings Privy Counsell are nominated and elected by him in full Parliament and their names particularly declared to the Commons before they are sworne to the end that they might except against them if there were just cause who in their Petition and Articles to the King expresse in generall what persons the King should make choise of for his Counsellors and Iudges and what Oathes they should take in Parliament before they were admitted to their places Which was as much or more as this Parliament ever desired and the King may now with as much Honour and Iustice grant without any diminution of his Prerogative as this Magnanimous Victorious King Henry did then without the least deniall or delay In the fiâ—t Yeare of King Henry the fift This King undertaking a warre with France by Advise and consent of his Parliament as honourable to the King and profitable to the Kingdome toâ—which war they liberally contributed Iohn Duke of Bedford was in and by that Parliament made GOVERNOVR AND REGENT OF THE REALME AND HEAD OF THE COMMON-WEALTH Which Office he should enjoy as long as the King was making Warre on the French Nation the Summons of which Parliament issued out by this Duke in the Kings Name See H. 1. c. 1. In the Patent Rolls of 24. Hen. 6. 1 â— pars mem 16. The King grants to Iohn Duke of Exceter the Office of Admirall of England Ireland and Aqultain which Grant is thus subscribed Per breve de privato Sigillo AVCTORITATE PARLIAMENTI So that hee enjoyed that Office by apointment and Authority of the Parliament which was no set standing Office nor place of great Honour in former ages when there were many Admiralls in England designed to severall Quarters and those for the most part annuall or but of short continuance not for life as Sir Henry Spelman shewes at large in his Glossarie Title Admirallus to whom I referre the Reader and Title Heretocâ—us which Heretochs elected by the people had the command of the Militia of the Realme by Sea and Land and this word Heretoch in Saxon signifying properly a Generall Captaine or Leader as you may see there and in Master Seldenâ— Titles of Honour Pag. 605. 606. And sometimes though more rarely an Earle Count or Nobleman Earlederman or Prince Hengist and Horsa being called Heretogan in a Saxon Annall In the 1. yeare of King Henry 6. being but 9. months old when the Crowne descended the Parliament summoned by his Father Henry the 5. as Walsingham writes was continued in which By ASSENT OF ALL THE STATES Humfry Duke of Gloucester WAS ELECTED AND ORDAINED DEFNDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford and all the Offices and Benefices of the Realm were committed to his disposall In this Parliament a strange sight never before seen in England this infant king sitting in his Queen mothers lap passed in Majestick manner to Westminster and there tooke state among all his Lords before he could tell what English meant to exercise the place of Soveraigne direction in open Parliament then assembled to establish the Crowne upon him In the Parliament Rolls of the 1. yeare of this King I finde many notable passages pertinent to the present Theme of which for their rarity I shall give you the larger account Numb 1. There is a Commission in this Infant Kings name directed to his Vncle Humfrey Duke of Gloucester to summon and hold this Parliament in the Kings name and stead and commanding all the Members of it to attend the said Duke therein Which Commission being first read the Archbishop of Canterbury taking this Theame The Princes of the People are assembled with God declares 4. causes for which this Parliament was principally summoned 1. For the good governance of the person of the most excellent Prince the King 2. For the good conservation of the peace and the due execution and accomplishment of the Lawes of the land 3. For the good and safe defence of the Realme against enemies 4. To provide honourable and discreet persons of every estate for the good governance of the Realme according to Iethro his Counsell given to Moses c. Which Speech ended Numb 7. 8 9 10 11. The receivers of all sorts of Petitions to the Parliament are designed and the Speaker of the House of Commons presented and accepted Numb 12. The Lords and Commons authorize consent to and confirme the Commission made to the Duke in the Infant Kings Name to summon and hold this Parliament so that they authorize and confirme that very power by which they sate With other Commissions made under the great Seale to Iustices Sheriffes Escheators and other officers for the necessary execution of Iustice. Numb 13.
that they be sworne to fore my Lord of Glocester and all the Lords of the Counsell that for no friendship they shall make no man privy but the Lords of the Counsell what the King hath in his Treasorie Numb 32. Item that the Clark of the Counsell be charged and sworne to truely enact and write daily the names of all the Loras that shall be present from time to time to see what how and by whom any thing passeth Numb 33. And after that all the Lords aforesaid had read before them the said Articles in Parliament and had well considered of them and fully assented and accorded to them the scedule of paper by certaine of the Honorable Lords of Parliament on behalfe of the King and all the Lords in Parliament was sent and delivered to the Commons to bee ascertained of their intent whereupon after the said Commons had advised the said Lords repeated in the said Parliament that the Commons thanked all the Lords and that THEY WERE WELL CONTENTED with all there contained in the said scedule WITH THIS that to the first of the said Articles there should be added one clause of purveiu which the said Lords repeated on the behalfe of the said Commons who delivered it to them in Parliament in one parchment scedule written in French the tenour whereof ensueth Provided alwayes that the Lords and other persons and Officers which have estate and authoritie some of inheritance some for terme of life and otherwise to make and institute by vertue of their offices deputy Officers and Ministers which appertaine to them to make of right and as annexed to them and to their offices of ancient time accustomed and used shall not be restrained nor prejudiced of that which appertaines to them by colour of this Ordinance or appointment To which parchment scedule and the contents thereof read before the Lords in Parliament the said Lords well agreed and fully consented Numb 44. The Queen Mothers dower formerly agreed appointed and sworne to buy all the three estates in Parliament in 9. H. 5. was now againe upon her Petition confirmed and setled by this Parliament after her husbands decease And Numb 41. Pet. 2. The Commons petitioned that it might then be enacted that no man nor woman should thenceforth be compelled nor bound to answer before the Counsell or Chancery of the King nor elsewhere at the suit or complaint of any person for any matter for which remedy by way of Action was provided by the Common law and that no privie Seale nor subpoena should issue thence before a Bill were first there exhibited and also fully allowed by two Iudges of the one Bench and other that the complainant for matters and grievances in the said Bill could have no action nor remedy at all by the common law c. A good Law to prevent the Arbitrary proceedings of these Courts which are now too frequent in subverting of the Common law Lo here in this Parliament we have a Lord Protector Chancellor Treasurer Keeper of the privie Seale Chamberlaine Privie Counsellors Constables of Castles and most other Officers of the King elected by Parliament yea a Commission for calling and holding this Parliament confirmed by this Parliament when met the Kings owne publike feales altered and new made a new stile conferred on the King a Kings last Will and a Queenes Dower when fallen confirmed by the Parliament and the privie Councell Court of Request and Chancery limited by it without any dimininution of the Kings prerogative royall what injury or disparagement then can it be to his Majesties royalties to have his great Officers Counsellers and Judges thus nominated and regulated in and by Parliament at this present surely none at all In the Parliament Rolls of 4. H. 6. num 8. I finde a Commission granted to John Earle of Bedford under the great Seale which was read in Parliament to supply the Kings place and power in this Parliament and to doe all that the King himselfe either might or ought to doe therein because the King by reason of his minoritie could not there personally attend to doe it Numb 10. The Commons by a Petition lamentably complained of the great discords and divisions betweene certaine great Lords and privie Counsellors of the Kingdome and more especially betweene the Duke of Glocester Lord Protector and the Bishop of Winchester Lord Chanceilor by which divers inconveniences might happen to the Realme if not speedily accommodated desiring the Duke of Bedford and other Lords to accord them Vpon which the Lord tooke a solemne Oath to reconcile them and made an accord betweene them which you may read at large in Hall Holinshed and other our Historians and in the Parliament Rolls Numb 12. 13. On the 13. day of March Numb 14. The Bishop of Winchester Lord Chancellor of England for certaine causes declared before the Lords in Parliament instantly desired to be discharged of his Office which causes they considering of and allowing he was by the Lords discharged from his said Office and the same day in like manner the Bishop of Bathe Treasurer of England requested to be freed from his Office which was that day done accordingly Numb 14. On the eighteenth day of March Iohn Bishop of Bathe and Wells late Treasurer of England by vertue of a privie seale directed to him brought the Kings great golden seale sealed up in a leather Bagge into the Parliament and really delivered it to the Earle of Bedford the Kings Commissary who receiving it of the said Bishop caused it to be taken out of the Bagge and to be seene of all and then to be put into the Bagge againe who sealing the Bagge with his signet he delivered it to be kept to the Bishop of London then CHANCELLOR OF ENGLAND BY ADVICE and ASSENT of the Lords spirituall and temporall in that Parliament Numb 18. The King by the advise of the Lords spirituall and temporall and by the assent of the Commons in Parliament makes an exchange of Lewes de Buâ—bon Earle of Vandosme taken prisoner at the battell of Agencourt for the Earle of Huntingdon taken prisoner by the French releasing the said Earle Vandosme of his Ransome and Oath Numb 19. The Duke of Bedford Constable of the Castle of Berwicke petitioned that the King BY AVTHORITY OF PARLIAMENT in regard of his absence from that charge by reason of his continuall imployments in the Kings service in France and elsewhere might license him to make a Lieutenant under him to guard that Castle safely Vpon which Petition the Lords spirituall and temporall granted him power to make a sâ—fficient Lieutenant such as the Kings Counsell should allow of so as the said Lieutenant should finde such reasonable sureties for the safe keeping of the said Castle as the Kings counsell should approve And in this Parliament BY ASSENT OF THE THREE ESTATES OF ENGLAND Richard Beauchamp Earle of Warwicke was ordained to be Governour of the young King in like
Realme of England have heretofore suffered throught default of the law that failed in divers cases within the said Realm our soveraign Lord the King for the amendment of the land for the reliefe of his people and to eschew much mischiefs dammages and dis-inherisons hath provided established these Acts underwritten willing and commanding that from henceforth they be firmely kept within this Realme The Statutes of Westminster 2. in his 13. year begin thus Whereas of late our soveraigne Lord the King c. calling his Counsell at Glocester and considering that divers of this Realm were disherited by reason that in many cases where remedy should have been had there was none provided by him nor his Predecessors ordained certaine statutes right necessary and profitable for his Realm whereby the people of England and Ireland have obtained more speedy Iustice in their oppressions then they had before and certaine cases wherein the law failed did remaine undetermined and some remained to be enacted that were for the reformation of the oppressions of the people our soveraigne Lord the King in his Parliament holden c. the 13 ear of his reign at Westm. caused many oppressions of the people and defaults of the lawes for the accomplishment of the said statutes of Glocest to be rehearsed and thereupon did provide certaine Acts here following The sâ—atute of Quo Warranto An. 1278. the 6. year of this King made at Glocest. hath this exordium The King himself providing for the wealth of his Realm and the morefull administration of Iustice AS TO THE OFFICE OF A KING BELONGETH the more discreet men of the Realm as well of high as of low degree being called thither it was provided c. The staâ— of York 12 E. 2 hath this Prologue Forasmuch as people of the Realm of England and Ireland have heretofore suffered many times great mischiefs damage and disherison by reason that in divers cases where the law failed no remedy was purveyed c. our soveraign Lord the King desiring THAT RIGHT BE DONE TO HIS PEOPLE at his Parl. holden at York c. hath made these Acts statutes here following the which he willeth to be straitly observed in his said Realm In 9. Ed. 3. in a Parliament held at York the Commons desired the King in the said Parliament by their Petition that for the profit and commodity of his Prelates Earls Barons and Commons of his Realm it may please him WITHOVT FVRTHER DELAY upon the said grievances and outrages to provide remedy our soveraign L. the K. desiring the profit of his people by the assent of his Prelates c. upon the said things disclosed to him found true to the great hurt of the said Prelates c. and oppression of his Commons hath ordained and established c. In 10. E. 3. stat 1. there is this introduction Because our Soveraigne Lord the King Edw. 3. WHICH SOVERAIGNLY DESIRETH the maintenance of his peace and safeguard of his people hath perceived at the complaint of the Prelates Earls Barons and also at the shewing of the Knights of the shires and the Commons in their Petition put in his Parliament c. divers oppressions and grievances done to his people c. COVETING to obvent the malice of such felons and to see a covenable remedy hath ordained c. for the quietnes and peace of his people that the articles underneath written be kept and maintained in all points 14. E. 3. stat 1. To the honor of God c. the King for peace and quietnesse of his people as well great as small doth grant and establish the things underwritten The like we have in 15. E. 3. stat 1. and in this kings Proclamation for revoking it there is this passage We considering how BY THE BOND OF OVR OATH WE BE BOVND TO THE OBSERVANCE AND DEFENCE OF THE LAWES AND CVSTOMES OF THE REALME c. So in 20. E 3. Because that by divers complaints made to us we perceived that the law of the land which WEE BY OVR OATH BE BOVND TO MAINTAINE is the lesse well kept and the execution of the same disturbed many times c. WE GREATLY MOVED OF CONSCIENCE IN THIS MATTER and for this cause desiring as much for the pleasure of God and ease and quietnesse of our Subjects AS TO SAVE OVR CONSCIENCE AND TO KEEPE OVR SAID OATH by the assent of the great men and other wise men of our Counsel we have ordained these things following 23. E. c. 8. That in no wise ye omit the same as ye love us and the Commonwealth of this Realme 25. E. 3. stat 2. Because that statutes made and ordained before this time have not been holden and kept as they ought to be the King willing to provide quietnesse and common profit of his people by the assent c. hath ordained and established these things under-written The passage in the statute of Provisors 25. E. 3. Parliam 6. is notable Whereupon the said Commons have prayed our Soveraigne Lord the King that SITH THE RIGHT OF THE CROWNE OF ENGLAND AND THE LAW OF THE SAID REALME IS SVCH that upon the mischiefes and dammages which hapneth to his Realme HE OVGHT AND IS BOVNDEN OF THE ACCORD OF HIS SAID PEOPLE IN PARLIAMENT THEREOF TO MAKE REMEDY AND THE LAW OF VOIDING THE MISCHIEFES and dammages which thereof commeth that it may please him thereupon to ordain remedie Our Soveraigne Lord the King seeing the mischiefes and dammages before named and having regard to the statute made in the time of his Grandfather and to the cause contained in the same which statute alwayes holdeth his force and was never defeated nor annulled in any point and by so much AS HE IS BOVNDEN BY HIS OATH TO DOE THE SAME TO BE KEPT AS THE LAW OF THIS REALME though that by sufferance and negligence it hath been attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great dammage and mischiefs which have hapned and daily do happen to the Church of England by the said cause By assent of the great men and Commonalty of the said Realm to the honor of God and profit of the said Church of England and of all his Realme hath ordered and established c. 28. E. 3 The King for the common profit of him and his people c. hath ordained 36. E. 3. To the honour and pleasure of God and the amendment of the outragious grievances and oppressions done to the people and in reliefe of their estate King Edward c. grantâ—d for him and his Heires for ever these Articles underwritten 1. R. 2. To the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts within our Realm of England which we doe much desire We have ordained c. 3. R. 2. For the honour of God and of holy Church
and for the common profit of the Realme of England our Soveraigne Lord the king hath ordained c. for the quietnesse of his said people the Statutes and Ordinances following c. cap. 2. with 2. H. 4. c. 1. Our soveraign Lord the king greatly desiring the tranquility and quietnes of his people willeth and straitly commandeth that the peace within his Realme of England be surely observed kept so that all his lawful subjects may from henceforth safely and peaceably goe come and dwell after the Law and usage of the Realme and that Iustice and right be indifferently ministred to every of his said subjects as well to the poore as to the rich in his Courts 1. H. 4. Henry by the Grace of God c. to the honour of God and reverence of holy Church for to nourish peace unity concord of all parties within the Realm of England and for the reliefe and recovery of the said Realm which now late hath been mischievously put to great ruine mischief and desolation of the assent c. hath made and established c. 6. H. 4. c. 1. For the grievous complaints made to our Soveraigne Lord the king by his Commons of the Parliament of the horrible mischiefes and damnable custome which is introduced of new c. Our soveraign Lord the King to the honor of God as well to eschew the dammage of this Realme as the perils of their soules which are to be advanced to any Archbishopricks or Bishopricks c. hath ordained Divers such recitalls are frequent in most of our statutes in all Kings raignes viz. 37. E. 3. c. 2 3 4 5. 3. R. 2. c. 3. 5. R. 2. Stat. 1. 2. 6. R. 2. Stat. 1. 7. R. 2. 8. R. 2. For the common profit of the said Realme and especially for the good and just government and due execution of the common Law it is ordained c. 10. R. 2. Prologue c. 1. 11. R. 2. c. 1. 12. R. 2. 13. R. 2. Prologue c. 3 5 6. 14. R. 2. 21. R. 2. 1. H. 4. 5. c. 7. 1. H. 6. 8. H. 6. Prologue c. 25. 10. H. 6. c. 3. 12. H. 6. c. 12. 39. H. 6. Prologue 1. R. 3. c. 2. 6. 8. 3. H. 7. c. 5 6. 11. H. 7. c. 18. But I shall conclude with some more punctuall ones 18. E. 3. stat c. 1 2. To nourish love peace and concord between holy Church and the Realme and to appease and cease the great hurt and perils impertable losses and grievances that have been done and happened in times past and shall happen hereafter if the thing from henceforth be suffered to passe c. for which causes and dispensing whereof the ancient lawes usages customes and franchises of the Realm have been and be greatly appaired blemished and confounded the Crown of the king minished and his person falsly defrauded the treasure and riches of his Realme carried away the inhabitants and subjects of the Realme impovirished troubled c. the King at his Parliament c. having regard to the quietnesse of his people which he chiefly desireth to sustaine in tranquility and peacâ— to governe according to the Lawes Vsages and Franchises of this Land as HE IS BOVND BY HIS OATH MADE AT HIS CORONATION following the wayes of his Progenitors which for their time made certaine good Ordinances and provisions against the said grievances c. by the assent c. hath approved accepted and confirmed c. 2. R. 2. c. 7. Because the King hath perceived as well by many complaints made to him as by the perfect knowledge of the thing c. the King desiring soveraignly the peace and quietnesse of his Realme and his good Lawes and Customes of the same and the Rights of his Crowne to be maintained and kept in all points and the offenders duly to be chastised and punished AS HE IS SWORN AT HIS CORONATION by the assent of all the Lords c. hath defended c. And moreover it is ordained and established c. 3 R. 2. Rot. Parl. Num. 38. 40. The Commons desiring a grant of new power to Iustices of Peace to enquire into extortions the Bishops conceiving it might extend to them made their protestation against this new grant yet protested that if it were restrained only to what was law already they would condiscend to it but not if it gave any new or further power The King answers that notwithstanding their protestation or any words conâ—eined therein he would not forbeare to passe this new grant and that BY HIS OATH AT HIS CORONATION HE WAS OBLIGED TO DO IT And 6 H. 6. c. 5. We for as much as by reason of our Regality WE BE BOVNDEN TO THE SAFEGVARD OF OVR REALM round about willing in this behalfe convenient hasty remedy to be adhibite have assigned c. By these with infinite such like recitalls in our ancient and late statutes in the Kings owne Proclamations Commissions yea and in writs of law wherein wee find these expressions Nos qui singulis de regno nostro in EXHIBITIONE IVSTITIAE SVMVS DEBITORES plaenam celerem justitiam exhiberi facias Nos volentes quoscunque legios nostros in curiis nostris c. justitiam sibi c. nullatenus differri Ad justitiam inde reddendam cum omni celeritate procedatis Nos oppressiones duritias damna excessus gravamina praedictae nolentes relinquere impunita volent esque SALVATIONI QVIETI POPVLI NOSTRI hac parte PROSPICERE VT TENEMVR eidm celeris justitiae complementum debitum festinum iustitiae complementum fieri facies Nos huiusmodi praeindicio precavere volentes prout ASTRINGIMVR IVRAMENTI VINGVLO Quiaâ— iudicia in curia nostra cito reddita in suis roboribus manuteneri volumus defendi prout AD HOC IVRAMENTI VINCVLO ASTRINGIMVR TENEMVR c It is most apparent that the Kings of England both by their oath duty and common right even in point of justice and conscience are bound to assent to all publike Acts as are really necesâ—ary for the peace safety ease weale benefit prevention of mischiefs and redresse of greivances of all or any of their subjects without any tergiversation or unnecessary delayes when they are passed and tendered to them by both Houses and that in such acts as these they have no absolute Negative voice at all but ought to give their speedy free and full consents thereto unlesse they can give satisfactory reasons to the contrary Sixthly All our ancient Kings of England as the premises with all publike usefull statutes enacted in their reigne evidence have alwayes usually given their free and full consents in Parliament to such publike acts as these without deniall or protraction conceiving they were bound by oath and duty so to doe and if they ever denyed their royall assents to any Petitions or Bills of the Lords and Commons of this nature they alwayes gave such good
or quarrell may lawfully resist assault wound apprehend imprison slay depose iudge censure forraigne kings even to death as is apparent by Sâ—hon King of the Amorites and Og the kâ—ng of Bashan slain the King of Ai hanged by Ioshua the five kings of Canaan that besieged Gibeon on whose ne-ks Ioshua made his men of war to put their feet then smote slew and hanged them upon five trees Who also assaulted resisted imprisoned condemned slew executed divers other kings of Canaan to the number of thirty one in all by king Adonibezek Eglon Agag with other Heathen Kings imprisoned stabbed hewen in pieces by the Iâ—raelites If any obiect These kings were not actually annoynted which they cannot prove since Cyrus an Heathen King is stiled Gods annoynted no doubt Saul was an annoynted King if not the first in the world 1 Sam. 10. 1. yet he was justly resisted wounded pursued by the Philistines 1 Sam. 31. 3. Iosiah an annoynted good King was slain by Pharaoh Necho King of Egypt whom he rashly encountred King Ahab was slain by an Archer of the King of Assyria King Ioram and Ahaziah were both slain by Iehu by Gods command Iehoaaz was deposed by the King of Egypt Iehoiakim and Iehoiakin both deposed fettered and kept prisoners by the King of Babylon who also apprehended deposed judicially condemned King Zedechiah put out his eyes and sent him prisoner to Babylon bound with fetters of brasse So Manasses was deposed bound with fetters of brasse and carryed captive by the Captaines of the King of Assyria Amaziah King of Iudah was taken prisoner by Iehoash King of Israel Infinite are the presidents in stories where kings of one Nation in just warrs have been assaulted invaded imprisoned deposed slain by Princes and Subjects of another Nation and that justly as all grant without exception neither their annointing nor Kingship being any exemption or priviledge to them at all in respect of forraigners in cases of hostility to whom they are no Soveraigns no more then to any of their Subjects Whereas if this royall annointing did make their persons absolutly sacred and inviolable no forraign Princes or Subjects could justly apprehend imprison smite wound slay depose or execute them Secondly Kings who are suborordinate Homagers and Subjects to other Kings or Emperours though annointed may for Treasons and Rebellions against them be lawfully resisted assaulted imprisoned deposed judged to death and executed because as to them they are but Subjects notwithstanding their annointing as appears by sundry presidents in our own and forraign Histories and is generally confessed by the learned Thirdly the Roman Greek and German Emperours though annointed the ancient Kings of France Spain Arragon Britain Hungary Poland Denmarke Bohemia India Sparta and other places who were not absolute Monarchs have in former ages been lawfully resisted imprisoned deposed and some of them judicially adjudged to death and executed by their owne Senates Parliaments Diâ—ts States for their oppression mal-administration tyranny and that justly as Bodin Grotius with others affirm notwithstanding any pretence that they were annointed Soveraigns Fourthly Popes Bishops and Priests anciently were and at this present in the Romish Churches are actually annointed as well as Kings and we know the Popish Clergy and Canonists have frequently alledged this Text Touch not mine annointed and doe my Prophets no harme in Councels Decretalls and solemn debates in Parliament to prove their exemption from the arrests judgements capitall censures and proceedings of Kings and secular Iudges for any crimes whatsoever because forsooth they were Gods annointed intended in this Text not Kings therefore Kings and Seculars must not touch nor offer any the least violence to their persons no not in a way of justice By colour of this Text they exceedingly deluded the world in this particular for hundreds of yeeres But in the seventh yeer of Hen. the 8. in Dr. Standish his case debated before a Committee of both Houses of Parliament and all the Iudges of England this Text being chiefly insisted on to prove the Clergies exemption Jure Divino was wholly exploded in England and since that in Germany France other Realms and notwithstanding its protection many Popes Bishops and Clergy-men in all Kingdomes ages for all their annointing have for their misdemeanors not only been resisted apprehended imprisoned but deprived degraded hanged quartered burned as well as other men Yea Abiathar the High Priest was deposed by Salomon for his Treason against him notwithstanding his Annointing their annointing giving them not the smallest immunity to doe ill or not to suffer all kinds of corporall capitall punishments for their misdemeanors If this actuall annointing then cannot lawfully exempt or secure Priests and Prelates persons nor the Pope himselfe from the premises how then can it justly priviledge the persons of Kings Fifâ—hly among the Papists all infants either in their baptisme or confirmation are actually annointed with their consecrated Chrisme and with extream unction to boot at last cast which they make a Sacrament and so a thing of more divine soveraign Nature then the very annointing of Kings at their inauguration which they repute no Sacrament as being no where commanded by God But neither of these actuall unctions exempt all or any of those annointed with it from resistance or any corporall punishments or just censures of any kind therefore the very annointing of Kings cannot doe it Sixthly the Ceremony of annointing kings as Cassanaeus with others write is peculiar onely to the German Emperor the King of Ierusalem the King of France the King of England and the King of Sicily but to no other kings else who are neither annointed nor crowned as he affirmes so that it cannot give any priviledge at all to any but onely to these 4. not other kings who are not anointed Now seeing only these 4. kings are actually anointed yea lawfull Kings and their persons sacred even before they are annointed or crowned and other kings persons as of Spain Hungary Denmark Sweden Poland c. who are not annointed are as sacred as exempt from danger as those who are enoyled And seeing the annointing of kings is at this day a meer arbitrary humane Ceremony not injoyned by divine authority nor common to all Kings who are Kings before their Coronations it is most certain and infallible that this enoyling in and of it selfe derives no personall Prerogatives or Immunities at all to kings much lesse an absolute exemption from all actuall resistance in cases of unjust invasions on their Subjects or from the censures of their Parliaments for publike distructive exorbitances as most have hitherto blindly beleeved Neither will the frequent next objected speeches of David concerning Saul impeach the premises 1 Sam. 24. 6. 10. c. 26. 9. 11. 23. 2 Sam. 1. 12. 16. The Lord forbid that I should do this thing unto my Master the Lords Annointed
particular person not that he was the Soveraigne highest power above the Senate and people collectively considered And the occasion of these words will discover the Authors intention to be no other which was this The Christians in that age were persecuted and put to death by Scapula President of Carthage to whom Tertullian writes this Booke because they refused to adore the Emperour for a God to sweare by his Genius and to observe his solemnities and triumphs in an Ethâ—icall manner as is evident by the words preceding this passage Sic circa Majestatem Imperatoris infamamur c. and by sundry notable passges in his Apologeticus In answer to which accusation Tertullian reasons in the Christians behalfe that though they adored not the Emperour as a God yet they reverenced him as a man next under God as one onely lesse then God as one greaâ—er then all others whiles lesse onely then the true God and greater then the Idol Gods themselves who were in the Emperours power c. Here was no other thing in question but whether the Emperour were to be adored as God not whether he or the Roman Senate and people were the greatest highest Soveraigne power And the answer being that he was but a man next under God above any other particular officer in the Roman State is no proofe at all that he was paramount the whole Senate and people collectively considered or of greater Soveraigne power then theâ— which the premises clearely disprove Adde that this Father in his Apologie thus censures the Pagan Romans for their grosse flattery of their Emperours whom they feared more then their Gods appliable to our present times Siquidem majore formidâ—ne callidiore timiditate Caesarem observatis quam ipsum de Olympo Iovem c. â—deo in isto irreligiosi erga deos vestros deprehendimini cum plus timoris humâ—no Domino dicâ—tis citius denique apud vos per omnes Deos quam per unum genium Caesaris pejeratur Then he addes Interest hominis Deo cedere satis â—abeat appellari Imperator grâ—â—nde hoc nomen est quod a Deo tradetur negat illum imperatorem qui deum dicit nist homo sit non est imperator Hominem se esse etiam triumphans in illo sublimissimo curru admonetur Suggeritur enimei a tergo Respice post te hominem memento tâ— Etiam hoc magis gaudet tanta se gloria coruscare ut illi admonitio conditionis suae sit necessaria Major est qui revocatur ne se deum existimet Augustus imperii formator ne Dominum quidem dici se volebat et hoc enim Dei est cognomen Dicam plane Imperatoâ—em Dominum sed mâ—re communi sed quando non cogor ut Dominum Dâ—i vice dicam Concluding thus Nullum bonum sub exâ—eptione personarum administramus c. Iidem sumus Imperatoribus qui vicinis nostris Male enim velle male faceâ—e male dicere male cogitare de quoquam ex aequo vetamur Quodâ—unque non licet in Imperatorem id nec in quenquam quod in neminem eo forsitan magis nec in ipsum qui per deum tâ—ntus est c. From which it is evident that the Christians did not deifie nor flatter their Emperours more then was meet and deemed they might not resist them onely in such cases where they might resist no others and so by consequence lawfully resist them where it was lawfull for them to resist other private men who did injuriously assault them If then the Roman Emperors were not the highest Soveraigne power in the Roman State when Paul writ this Epistle but the Roman Senate and State as I have cleared and if the Parliament not the King be the supremest Soveraigne power in our Realme as I have abundantly manifested then this objected Text so much insisted on by our opposites could no wayes extend to the Roman Senate State or our English Parliament who are the very higher powers themselves and proves most fatall and destructive to their cause of any other even by their owne Argument which I shall thus doubly discharge upon them First that power which is the highest and most soveraigne Authority in any State or kingdome by the Apostles and our Antagonists owne doctrine even in point of conscience neither may nor ought in what case soever say our opposites to be forcibly resisted either in their persons ordinances commands instruments offices or Armed Souldiers by any inferiour powers persons or subjects whatsoever especially when their proceedings are just and legall under paine of temporall and eternall condemnation But the Senate among the Romans not the Emperour and the Parliament in England not the King really were and are the higher Powers and most soveraigne Authority Therefore by the Apostles owne Doctrine even in point of conscience they neither may nor ought to be disobeyed or forcibly resisted in any case whatsoever either in their Persons Ordinances Commands Instruments Officers or Armed Souldiers by the King himselfe his Counsellors Armies Cavaliers or by any inferiour powers persons or Subjects whatsoever especially when their proceedings are just and legall as hitherto they have beene under paine of temporall and eternall condemnation I hope the Doctor and his Camerads will now beshrew themselves that ever they medled with this Text and made such a halter to strangle their owne treacherous cause and those who have taken up armes in its defence Secondly that Power which is simply highest and supreame in any State may lawfully with good conscience take up Armes to resist or suppresse any other power that shall take up armes to subvert Religion Lawes Liberties the Republike or the juâ—t Rights and Priviledges of the Subject or of this higher power This is our opposites owne argumentation Therefore the Parliament being in verity the highest supreame Power in our State may lawfully with good conscience take up Armes to resist or suppresse his Majesties Malignant Popish Forces or any other power which already hath or hereafter shall be raised to subvert Religion Lawes Liberties the Republike just Rights and Priviledges of Parliament or the Subjects and every man with safe conscience may chearefully serve in such a warre upon the Parliaments encouragement or command without guilt of treason or rebellion either in Law or Conscience For the third Question Whether Tyrants or unjust oppressing Magistrates as they are such be within the intendment of this Text and not to be resisted in any case I have fully cleared this before from the occasion scope and arguments used in this Chapter that they are not within the compasse of this Text as they are such and may be resisted in their Tyranny and oppressions notwithsâ—anding this inhibition I shall not repeat but onely fortifie this Position with some new reasons and authorities First then that which is not the ordinance of God but rather of the Devill and the meâ—re sinne and enormity of the Governour himselfe
moving sedition against the Roman State was beheaded with an axe at Antioch without any legall triall to prevent further seditions which never befell any King before that time writes Alexander ab Alexandro And Agrippa not long after put Bogus King of the Mores to death for siding with Antonius Of later times I read that Ludovicus Pius the Emperour taking Bernard his Nephew King of Itâ—ly prisoner for rebelling and denying his superiority over him carried him into France to determine what should be done with him according to Iustice for this his offence where though a King hee was condemned to death and executed as some or at least cast into prison and had his eyes put out as others write So Charles of France taking Conradine King of Sicily prisoner publikely arraigned and condemned him of high Treason and cut off his head Anno 1208. Yea our owne King Iohn being a Feudatary to the King of France was by Philip the French king in a full Parliament there during his absence in England arraigned condemned to dâ—ath and deposed from his Crown by the sentence of his Peeres for murthering his Nephew Arthur then a Subiect of France with his owne hands So Iohn Bailiol king of Scotland renouncing his homage for that Crowne to king Edward the first was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland to King Edward the first and sent Prisoner to the Tower of London and Mary Queene of Scots within many mens memories after long debate in Parliament was condemned and beheaded at Fothringham Castle Febr. 8. An. 1587. for laying claime to the Crowne of England and other particulars mentioned in our Historians And thus much for the Roman Grecian German Emperours kings and kingdomes I shall now give you a brieâ—e Survey of what Greeke Authors write concerning Kings and Kingdoms and of the power the kinds of ancient Kings and Kingdomes in Greece and other places That great Father of Learning and policie Aristotle Tutor to the greatest Emperour Alexander the Great whose Authority is irrefragable in our Schooles resolves That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people and founded confirmed by the customes and Lawes of each country which Polibius also affirmes That there are 4 severall sorts of Kings some of greater some of lesser Authority and continuance then others some elective some successive some during â—ife some Annuall all of them receiving their distinct jurisdictions Formes Limitations and different Royalties from the peoples primitive or subsequent institutions and consents For all men being equall by the Law of nature can have no dominion nor Superiority one over another but by their own voluntary consents That the Lawes not the Kings Princes or Magistrates be they one or more or never so good ought to be the sole Lords or Rulers of the Common-wealth and that Princes and Governours ought to governe by the Lawes who cannot command what the Lawes doe not command That those who command that the Law should rule command that God and the Lawes should rule but he that commands a man to be a Prince he commands that both a man and beast should be Princes for covetousnesse and the lust of the minde is a certaine beast which perverts both Magistrates and the very best men but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires That the power of the greatest things and greatest power ought DE IVRE of right to be in all the people because their wisdomes resolutions and revenues considered altogether are greater and more considerable then those of a few wise or honest men plased in the highest offices of Magistracie who are but a small particle of the State in respect of all the people That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression and that a King ought to governe by his Lawes and not to doe any thing against them according to his lust wherefore he ought to have so much power and force wherewith he may protect the authority of the Lawes yea he must necessarily have forces and power yet so much onely as thereby he may be able to curbe every particular man or many also yet not so great power but that a populo auâ—em universo idem REX ILLE IPSE COERCERI POTEST the very King himselfe may yet BE CVRBED by all the people such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City And when Dionysius required Guards a certaine Syracusan perswaded them to curbe such Guardâ— to which Polybius also suffragates According to these Rules of Aristotle I read in Dionysius Halicarnassaeus and Polybius that in the Lacedemonian Common-wealth the Kings had not the chiefe Dominion so as they might doe what they pleased sed summa totius Reipub. administratio penes Senatum erat but the chiefe Government of the whole Commonweale was in the Senate from whence the Romanes tooke their paâ—terne Alexander ab Alexandro Boemus and Xenophon write That the Lacedemonians sometimes elected a King out of the Family of the Heracliâ—â—â— or of Agis but more often two joynt Kings of equall Authority out of the stock of Proclus and Aemisthenes who yet had not the chiefe Command as Kings Quiajuris omâ—is publici potestas penes Senatum erat because the power of all publike law or rule was in the Senate the better to keep their Kings from attempting and usurping a Tyranny they being Kings rather in name then Dominion and like the Achaean two Annuall Praetors whence Aristotle makes them the lowest ranke of Kings Iohn Bodin informes us That in the Lacedemonian Aristocracie the Soveraignty remained in the State wherein were two Kings without any Soveraignty at all being indeed nothing else but Captains and Generals for the managing of their Warres and for that cause were by the other Magistrates of the State sometimes for their faults condemned to pay their fine as was Agesilaus and sometimes to death also as was Agis and Pausanias Agis the last of the Lacedemonean kings as Plutarch records being apprehended and condemned by the Ephori without an Indictment and then hanged in a halter Finally Aristotle himself and Xenophon informe us that the Kingdom of the Lacedemonians flourished very long yea longer then any other forme of Government because their Kings power was but small and their Kings never desired greater things then the Lawes would beare by which they had received their Kingdome in the beginning for in the beginning that Kingdome was divided between two joynt Kings After which Theopompus left it more moderated to his successours and constituted the Magistracie of the Ephori who had power even to depose and execute their kings if they offended and rose not up out of their seates unto them to retain that
usurpation as many conceive it not of right by their Parliaments and kingdomes free grants and consents they are still in truth of no greater Authority nor no more exempted from iust censures then their predecessours Now it is clear that in ancient times the 3. Estates and great Councell of France assembled in Parliament and their twelve Peeres or kings as Fabian termes them were the highest power and judicature from which there was no appeale that the Kiâ—gs of France could make no binding Lawes but by their Authority though now of late they doe what they please and that they have judged the differences between the Crownes of England and France as I have formerly proved and exercised the same or as great authority as the Parliament of England hath done which authority it hath lost by certaine degrees To give a few more instances to cleare this truth Pharamond the first King of the Franks that Reigned in France An. 420. was elected King by the unanimous vote and consent of all the people and by their advice and consent in his Raign the Salique Law was made to Regulate the discent of the Crowne that no women should be heires to it or claime it by discent which Law continues of force unâ—ill this day as all the French historians generally accord who make frequent mention of it though our English have much oppugned it as you may read in Hall and Speed Childericus the fourth King of France about the yeare 460. giving himselfe to all vice and cruelty in such extreame wise that hee became odible to his subjâ—cts percâ—iving the murmur of the people and fearing his sudden destruction by the counsell of Guynemeus fled out of his kingdome to Beseigne king of Thuringes Whereupon the French-men with one assent chose Gyll a Roman for their King and governour who laying grieveous Taxes upon his Subjects by the fraudulent counsel of Guynemeus a fast friend to Childericus and using sharp execution upon some of the Nobles so farre discontented his subiects that by the helpe of Guynemeus they deposed and chased him into Soysons and sending for Childericus againe restored and made him King after whose death his sonne Clodoviuâ— was by the people ordained and authorised for King of France between whose foure sonnes it was afterwards divided After the death of Chilpericus Clotharius being very young Gunthranus king of Orleans his uncle with the assent of the Nobles of the Realme was made his Tutor who comming to age hee offered to referre the differences between Sigebert and himselfe touching Austracy to which both laid claime to an Assembly of the Lords of that Kingdome and condemned Queen Brunicheild by the unanimous consent of the Lords to bee tyed by the haire of her head to a wilde horse taile and so to be drawed while shee was dead for her many murthers and criminous deeds which was accordingly executed King Dagobert exercised such tyranny and iniustice in pillaging his commons by Exactions and Tributes that those who dwelled in the out parts of the Realme neere the Turkes and other strange Nations chose rather to put themselves under their government than under the Rule of their owne naturall prince Poytiers rebelled against him his Lâ—ds murmured so much against him that Pipin and Martain two of his great Lords and agents to save his Crown dissuaded him from his ill counsells whence a little before his death calling a great counsell of his Lords Spirituall and Temporall hee made his will and setled his Kingdome by their advice dividing it between his two sonnes Theodoricus king of France giving himselfe to sloath and idlenesse committed the government of the Realme to Ebroyn Mr. of his Palace who did what he liked and vexed and troubled the Subiects grievously wherefore by assent the Lords assembled them and by authority deprived the King of all Dignity and closed him in a Monastery during the residue of his life when he had borne the name of a King without executing of the art thereunto belonging three yeares the cruell Ebroyn they exiled to Luxenbourgh during life making Childericus brâ—ther to Theodericus King Ann. 669. who oppressing his subiects grievously and using the Lawes of his progenitors after his pleasure and uniustly causing a Noble-man called Belin to bee tyed to a stake and beaten to death without guilt or Trespasse Hereupon the Lords and Commons fearing like punishment without deserving murmured and conspired against him and slew him and his wife then great with Childe as they were hunting in a wood After which they restored Theodericus whom they had deposed to his former dignity under whom Ebroyn getting into place and favour againe used such Tyrannie towards the Nobles and People that Pipin and Martaine raised a great army against him lest he should destroy the Common-weale gave him battell and at last Hermefreditus slew him After which Pipin was made Master of the Palace in his place K. Dagobert the second dying without any Issue or knowne Heâ—re at all one Daniel after named Chilpericke a Priest was by the Lords and peoples generall assent chosen King of France Anno 721. for that by their former experience of him they deemed him apt for the rule of the Land After whose death Theodoricus sonne to Dagobert secretly fostered among Nunnes within Nunneries in womans cloathing was espied and admitted for King During most of the forenamed Kings the grand Master of the Palace swayed the Kingdome at his pleasure and executed the Office of the Kings who had nothing but the bare name of Kings and were subject to this grand Officer Whereupon Theodoricus dying Childericus his sonne being a Sott and for his dulnesse unfit to governe Charles Martell Master of the Palace who swayed all things in Theodoricus raigne deceasing his two sons Charlemaine and Pipin by the advice of the Nobles of the Land considering the insufficiency of the King to rule so great a charge divided the Land of France betweene them so that either of them should under the King Rule and Governe such proportion as then there was to them appointed Charlemayne soone after renounced his Government and turned Monke and Pipin as onely Ruler tooke upon him the charge of the whole Realme Pipin then considering in his minde in what danger and trouble before him his Father and he now had ruled the Land and that the King to whom belonged all the charge kept his Palaces and followed all his delights and pleasures without taking any paine for reformation of the same sent an ambassage to Pope Zachary asking his advice in point of conscience Whether it were more necessary or wealfull for the Realme of France that he should be admitted for King that did nothing but apply his minde to all bodily pleasures without care and charge taken upon him for the guarding of the Land and the People of the same or he that tooke upon him all the charge and paine in defence of the Land and keeping of the
and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne to Edward the Elder into England Whereupon that the Land might not be without a Ruler the Lords of France assembled at Paris and there tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Laoâ— he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife whom he unlawfully put from him and to renounce Mary whom he had married in her stead And calling a Parliament they concluded that King Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to governe the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe throughout France which before that time was never heard nor spoken of by his absolute Prerogative without consent of his Estates in Parliament which had the sole power of imposing Taxes Which Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe Lewes 11. of France dying without issue male left his Queen great with child whereupon Philip his Brother reigned as Regent of France till the childe was borne which proved a male named Iohn who dying soone after Philip was crowned King at Paris albeit that the Duke of Burgoyn and others withstood his Coronation and would have preferred the Daughter of King Lewes But other of the Lords and Nobles of France would not agree that a woman should inherit so great a Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Feever Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxes Charles the fifth of France having a purpose to drive all the English â—uâ— of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe he was to use therein Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice and by their wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Wheâ—eas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Coâ—ncell then they contemne and set them at naught or elfe fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and sedditious speeches ensue among the people and so at length most dangerous rebellion or else open conspiracy against the Prince as Bodin observes This Charles dying without Issue Male leavâ—ng his Wife great with Childe Philip Earle of Valoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall resolution of the Lords and Parliament was That for an old Decree and Law by Authority of Parliament long before made which the English much oppugned that no woman should inherite the Crowne of France therefore the Title of Edward by might of the Frenchmen was put by and Philip by an Act of the whole French State by which his right was acknowledged admitted to the Government of the same After which one Simon Poylet was hanged in Chaines Headed and Quartered at Paris for saying in open audience that the right of the Crowne of France belonged more rightfully unto King Edward then to King Philip who had long warres about these their Titles to the Crowne King Iohn of France in the fifth year of his reigâ—â— had by authority of the three estates of his Realme assembled in â—arliament to wit of the spirituall Lords and Nobles and Heads of Cities and good Townes of his Kingdome 3000 men waged for a yeare granted to him to defend him and his Realme agaâ—nâ—t Edward the third King of England who the next yeer following took King Iohn prisoner in the field Whereupon Charles Duke of Normandy his eldest sonne and Heire apparent assembled the 3 Estates at Paris in a Parliament there held craving aid of them to redeem their captivated King who promised their uttermost help herein desiring convenient time to consult thereof Which granted the three Estates holding their Councell at the Gray Fryers in Paris appointed fifty person among them to take view and make search of the grieyances and evill guidance of the Realme
the Duke sent out Commissions and assembled the Three Estates againe at Paris the 15. day of February Where in the parliament chamber in the presence of the Duke Estates and divers Nobles Robert Coke Bishop of Laon by command of the Duke made a long Oration of the misguiding the King and the Land by meanes of evill Officers as well by changing of money as other many unlawfull Excises and Taxes to the great impoverishment of the Commonalty of the Realme and to the singular enriching and advancement of the said Officers Wherefore the Three Estates prayed that all such Officers may be removed from their Offices and other that shall be thought more beneficiall for the King and his Realme to be admitted Of which Officers the Archbishop of Roan then newly made Cardinall was noted for one and other to the number of 21. whereof some were right neere to the Duke After which Oration Sir Iohn de Pigquine in the name of the Three Estates offered That the Three Estates should finde to the King 30000. men for an whole yeare so as all things might after that day be ordered as the Bishop had before devised All which Articles were unto them by the Duke granted and incontinently all such Officers as they before had named were cleanly avoided and other such as by the said 3. Estates were thought most necessary were put and chosen to their roomes except that some of the old as Masters of Accounts and some of the Prâ—â—sidents and Masters of the Requests were holden in for a time to shew unto the new how they should order and guide their said Offices And the 26 of March was a new money proclaimed thorow Paris such as the said 3. Estates had newly devised The King informed of this sends the Archbishop of Sennes and two Earles from Burdeaux where he was prisoner with a Proclamation which they caused to be proclaimed in Paris the 6. of April That the people should not pay such Subsidies as the 3. Estates had ordained for the waging of the 30000. men aforesaid or for the Kings fine and also that the 3. Estates after that day should no more assemble for any causes or matter before touched till they had farther knowledge of the Kings pleasure For which Proclamation the Citizens of Paris much blamed the said Bishop and Earles who purchased it who as soone as this Proclamation was made for feare of the people fled from Paris Vpon this Proclamation the Commons waxed so mad that they left their occupations drew them to Conventicles and Companies and used many unfitting words of the King and his Counsell Whereupon to avoid inconvenience the Duke commanded a Watch to be kept in the City day and night and certaine Gates of the City to bee kept shut Vpon the 9. day of April another Proclamation was made all contrary to that other By vertue whereof it was charged that the fore-said Subsidies should bee levyed and also that the 3. Estates shouldre-assemble at Paris the 5. day after Easter and there to proceed upon all such matters as were before by them begaâ— When the Estates meet againe there grew a difference between them and the Duke about the subsidies for the finding of 30000. men the summe assessed for that puâ—pose being too small by much the Clergy and Lords thâ—n refusing to pay any more then they were first sessed unto By meanes of which difference the assembly of State was dissolved Whereupon strait command was given by the Duke to the Provost of Paris and others who bare principall sway within the City and were great stricklers and doers in the Assemblies of the 3. Estates so that much of the businesse was ruled by them and their meanes that they should cease their Authority and not to deale any more with the rule of the Realme but onely with the good rule and government of the City of Paris That done the Duke rode about to divers good Townes making request to them for ayde and to have this new money currant among them But he sped little of his purpose Then shortly after he assembled at Paris certaine person of 20. or 30. Townes next adjoyning with whom he held a Counsell for sundry dayes who in the end shewed him that they might bring no thing to effect without the assembling the 3. states besought him that they might be eft-soon assembled trusting that they would then satisfie his minde Upon which the Duke sent forth Commissions charging the said 3. Estates to appeare before him at Paris the next Wednesday after All Saints day which they did where the Duke condiscending to their former Articles he gave the King of Navarre and the 3. Estates full content who promised that they would demeane themselves to his Father and him as true and dutifull Subâ—ects and advising 〈◊〉 to take upon him the Government of the Realme they created him Regent of France during his fathers imprisonment After this hee assembled the Estates and chiefe Burgesses of Cities at Paris and acquainted them with the King of Englands large demands for his fathers inlargement which were so displeasing to all the company that they answered The said Treatie was neither honourable nor profitable And rather then the King should binde him and his land to such inconveniences they would prepare to mâ—ke sharpe Warre against England whereupon they granted to finde divers thousands of men at Arms at their owne costs for certain moneths to relieve the King And at another Parliament assembled when Iohn was dead and Charles came to the Crowne they granted an excise of every 4 penny of all things bought and sold for the maintenance of his warres the spiritualty granted him a disme and the Lords and Gentlemen were stinted at a certaine And in the eleventh yeare of his reigne he assembled his great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicâ—gerent was by the advice of the major part of the Lords
for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects â—o the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friendâ— and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgoine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pâ—essing the people with quoâ—idian taxes and â—allages and the spirituall men with dismes and other exactions he was at length discharged of that digniâ—ie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke of Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lâ—wes the eleventh as Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as his chiefe Councellors villaines and men of low birth as Iohn de Lude Iohn Balâ—a Oliver Devill whosâ— name for odiousnesse he changed into Daman with others whom he promoted to great honours and places VVhereupon the Lords murmured and were so discontented that the Duke of Brittaine and others withdrew them from the king and refused to come unto his presence when he sent for them raising a great power And when no peace could be mediated betweene the king and them they met in a plaine battell at Chartres where many were slaine on both sides but the king lost the field After which an accord was made betweene them but the king continued his old courses delighting more in the company of lewd irreverent persons to eate and drink with them and to heare them talke of ribaldry and vicious fables then to accompany his Lords which might have won him much honour going liker a Serving man then a Prince and being a great oppressor of his subjects to maintaine hiâ— prodigality for lack of money he was driven of necessitie to aske a preste of the citizens of Paris who after many excuses which might not be allowed they lastly denyed the kings pleasure VVherewithall he being
better to let the curious reade them in the Originalls themselves Amongst all losses that of Liberty toucheth neerest but Francis having learned to withstand all adversity with a constant resolution said I will dye a Prisoner rather then make any breach in my Realm for my deliverance whereof I neither WIL NOR CAN alienate any part without the consent of the Soveraign Courts and Officers in whose hands remains the authority of the whole Realm We preferre the generall good before the private interest of Kings persons If the Emperour will treat with me let him demand reasonable things which lye in my power then shall he finde me ready to joyne with him and to favour his greatnesse The Emperour seeing the King constant in this resolution in the end yeelded to his delivery upon these termes That within six weekes after his delivery he should consigne the Dutchy of Burgongue to the Emperour with all the dependancies as well of the Dutchie as of the County the which should hereafter be sequestred from the Soveraigntie of the Realme of France That he should resigne to the Emperour all his rights pretended to the Estates of Naples Milan Genoa anâ— Ast That he should quit the Soveraignty of Flaunders and Arthois c. Hereupon the King being enlarged and arrived at Bayonne he was required to ratifie the Accord which he had promised to doe when hee came to a free place but he delayed it with many excuses giving the Emperour to understand that before he proceeded to such an act it was necessary that he should pacifiâ— his Subjects who were discontented with bonds which tended to the diminution of the Crowne of France c. After which the Pope and the Venetians sending Messengers unto him he complained of the Emperour that he had wronged him in that he had forced him to make impossible promises and that he would be revenged if â—ver occasion were offered and that he had often told him that it was not in the power of a French King to binde himselfe to the alienation of any thing depending of the Crowne without the consent of the Generall Estates that the Lawes of Christians did not allow that he which was taken in Warre should be detained in perpetuall prison which was a punishment proper to Malefactors and not for such 〈◊〉 had bin beaten by the cruelâ—y of fortune that all men knew that Bonds made by constraint in prison were of no value and that the capitulation being of no force the faith likewise which was but accessary and the confirmation of the same could not be bound that by the oath which he had taken at Râ—emes at his Coronation he was bound according to the custome of other Kings of France not to alienate the patrimony of the Crowne and therefore for these reasons he was no lesse free then ready to abate the Emperors pride The Emperor growing jealous of the Kings delayes for ratification thereof sent one unto him to be certified of his intent who found him very unwilling to leave Burgundy which being very prejudicall to the Crowne of France he said was not in his power to observe and that hee could not alien the Bourguinans without their assents in an assembly of the Estates of the Country which he intended to call shortly to know their minds By which it is most apparent that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others as other Subjects may doe because they hold them onely in the right of their Crowne for their Kingdomes use and service the true proprieters of them Upon which very ground Philip Augustus King of France Anno 1216. in a solemne Assembly of the States at Lyons told Walo the Popes Legate who came to prohibit his Sonne Lewes to goe to receive the Crowne of England because King Iohn had resigned it to the Pope That no King or Prince can give away his Kingdom without the consent of his Barons who are bound to defend the Kingdome and if the Pope decreed to defend this errour he should give a most pernitious Example to all kingdomes domes Whereupon all the Nobles of France began to cry out with one mouth That they would stand for this Article unto death That no King or Prince by his sole pleasure could give his Kingdome to another or make it tributary whereby the Nobles of the Realme should be made servants And the next day Lewes his Advocate alledged that King Iohn for his homicides and many of her enormities was justly rejected by his Barons that Hee should not reigne over them That he could not give the Crowne of England to any one without the assent of his Barons and that when he had resigned it he presantly ceased to be a King and the Kingdome became void without a King and being so vacant could not be disposed of without the Barons who had lawfully elected Lewes for their King who in pursuance of this his Title which the Estates of France held just sailed into England took possession of the Kingdome received homage of all the Barons and Citizens of London who joyfully received him taking an Oath upon the Evangelists to restore them their good Lawes together with their lost Inheritances Henry the 2. of France being casually slaine by the Earle of Montgommery in running at the Tilt left the Crowne to Francis the 2. being but about 16. yeares of age the Queen Mother with his wives Vncles the Duke of Guise and the Cardinall of Loraigne hereupon usurped the Government of his person and Realme dispossessed the chiefe Officers of the Crowne kept backe the Princes of the Blood from Court the true and lawfull Governours of the State during the Kings minority and plotted the meanes to raise their race to the Royall Throne by displacing all great Officers substituting others of their owne faction and endeavouring to extirpate the Protestant party whom they feared as most opposite to their treacherous designes They doe and undoe place and displace in Parliament and Priviâ— Councell like absolute Kings they revoke all alienations for life or yeares made by the deceased King in recompence of any services except sales they caused divers Protestants to be put to dâ—ath imprisoned pillaged Wherewith the princes Officers and people being generally discontented to redresse the present and prevent all future disasters that might ensue require a generall Parliament as the Soveraigne cure for such diseases whereby the Queen Mother might be put from her usurped Regency and those of Guise excluded from the Kings person who to please the king perswade him that their opposites sought only to bridle and make him a Ward and that he should hold them enemies to his Authority and GVILTY OF HIGH TREASON THAT TALK OF A PARLIAMENT The King of Spaine to crosse them by Letters to the King his Brother-in-law declares himselfe for the good affection he bare to him Tutor and Protector of him his Realme and affaires against those
obedience to their King deserted Magnus and chose Albert King Magnus seeking to regaine his Realme was defeated in battell and died in exile Queen Margaret taking Albert prisoner and conquering Sweden left it and two Kingdoms more to Ericus her adopted son But the Swedes weary of a forraigne yoke by the helpe of Engelbert denied subjection to him and waged warre so long with him that he was forced to place Swedes in all the Castles by agreement and to receive onely halfe the revenues of the Realme in his absence and at last tired out with the wars deserted both Crowne and Kingdome After this the Swedes elected Charles for their King who after seven yeers reigne perceiving that he grew grievous and displeasing to the States of Sweden taking his owne private goods onely with him and leaving the treasure of the Realm in a safe place left the Kingdome Whereupon they elected Christierne the first the King of Denmarke and Norway for their King against whom they took up armes because he had broken that paction prescribed to him when he tooke the Crowne whereupon Anno 1499. Christierne came with a great power to subdue the Swedes but he was easily conquered repulsed thence twice one after another by the Swedes united forces who elected them a Governour whom they called a Marshall which had power to call generall Assemblies of the States and execute the Kings Office and might have beene elected King upon such conditions as the States propounded which he reâ—used to submit to King Iohn thinking to subdue the Swedes after Christiernes death was repulsed by them and his Queen taken prisoner His sonne Christierne the second King of Denmarke by the treachery of Gustavus Archbishop of Vpsalis after many encounters upon promise to continue their Laws Liberties and Priviledges inviolably and to remit all offences past by a solemne Oath was elected by the Swedes for their King who swearing these Articles and confirming them by his Charter was upon this admitted into the Towne and Castle of Holmâ— where feasting all the Nobles and principall men of Swethland two dayes together suspecting no treachery he suddenly apprehends them imprisons murthers all the Nobles Gentry Citizens Commons yea Bishops and Monkes with extraordinary cruelty spoils their wives and Orphans of all their goods and exerciseth more then barbarous tyranny over them which Gustavus Erichson a noble Swede then in Denmarke hearing of escapes thence privily and comes into Swethland â—iâ—gâ—ised raiseth an Army to revenge this butchery delivers his Country from this Tyrant and for 〈◊〉 noble service was by their unanimous vote elected and crowned 〈…〉 of Sweden in his stead the Swedes in a publike Declaration manifesting then expulsion and deprivation of Christierne for his treachery and tyranny to be just and lawfull Ericus the seventeenth King of Sweden imprisoning his brother murdering his faithfull Counsellours warring upon his Subjects playing the tyrant and matching himselfe unworthily to a woman of meane condition was for these his misdemeanors taken prisoner with his Queene deposed and his brother made King in his stead Anno 1599. And Sigismund King of Sweden taking upon him the Crowne of Poland after fourteen yeers reigne was deposed and dâ—spossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead Assyria Cyprus Lombardy Naples Venice I Could now acquaint you with many such like passages and stories in the Kingdomes of Assyria as how effeminate Sardanapalus for his vices and misâ—government was deprived by his Subjects burned in his Palace and Arbactus made King in his stead In the kingdom of Cyprus where King Peter murthering his brother and those of Geneva was soon after taken prisoner and made a tributary Prince King Iohn governed by Helena his wife and she by his Nurse which made the people weary of the government had a Regent by consent of the Nobles Iohn of Portugall whom they married to his daughter Carlota set over him and the Realm and all the royall power soon after put into his hands who being soon poysoned by Helena Lewes sonne to the Duke of Savoy was sent for the crowned King by generall assent and Iohn and Iames his sons put by Clephus the second King of Lombardy was so cruell that after his death they would have no more Kings but chose thirty Dukes to governe them who continued this government eleven yeeres Desiderius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great and so that Kingdome ceased Anno 774. Tancred the fourth King of Naples was deposed by Pope Celestine the third with his peoples consent Momfrey a Bastard poysoning Conrade the seventh King of Naples and usurping the Crown was deposed by Charles Earle of Aniou who enjoyed the Crowne till Aragon seased on the Realme Ione Queene of Naples married Andrew second sonne to Charles King of Hungary whom she hanged at her window for insufficiency after marrying Iames of Tarragon she beheaded him for lying with another woman and was at last driven out of her Kingdome by Lewes of Hungary and hanged at the same window where she hanged her first husband Peter Duke of Venice was for his tyranny and misgovernment besieged in his palace by the people which they fired and then taking him his wife and sonne dragged them unto the butchery where they chopped them in pieces and threw him to the dogs to be devoured notwithstanding all their submissions and intreaties on their knees Anno 977. So Duke Falier and many othe Dukes have beene condemned to death and executed by the States of Venice and that justly as Bodine grants Multitudes of such like presidents occur in most other Dukedoms and Principalities which I will not name because they want the title of Kings though Aquinas truly holds That a Kingdome is so called from ruling therefore he who hath others under his government is said to have a Kingdome in reality though not in propriety of speech and so are Kings in verity though not in title I might adde to these many more examples manifesting what miseries and untimely deaths tyrannicall Kings and Princes have undergone in all ages and States being commonly deposed poysoned murthered but I shall for brevity passe over these examples remitting the Readers to Aristotle Aelian and Doctor Beard his Theatre of Gods Judgements and come nearer home to Scotland as having nearest relation to England Scotland WHat soveraigne power and jurisdiction the Realme Parliaments and Nobles of Scotland have claimed and exercised over their Kings who saith Buâ—â—anan can neither make Laws Warre Peace nor conclude of any great affairs of the Realm without a Parliament which hath there and in Hungary Poland Denmarke Swethland been oft-times summoned not onely without but against their Kings consents and how frequently they have questioned imprisoned censured deposed yea judicially sentenced their Kings for their tyrannies oppressions whoredoms murders rapines and evill administrations you may reade at large in George Bucanan
Senate he held the Empire onely by force and power Wherefore Caesar although he invaded the Empire by force yet that he might cosen the people at least with some pâ—etext of Law would seem to have received the Empire from the Senate and people But Augustus although he was adopted by Caesar yet he never bare himselfe as heire of the Empire by divise but rather received it as from the Senate and people as did also Caligula Tiberius Claudius whereas Nero who first invaded the Empire by force and wickednesse without any colour of Law was condemned by the Senate Since then no man could be born an absolute King no man can be a King by himselfe no man can reigne without the people Whereas on the contrary the people may both be and are by themselvs and are in time before a King it most certainly appears that all Kings were first constituted by the people Now albeit that from the time that Sons or Nephews imitated the vertues of their parents they seem to have made kingdomes as it were hereditary to themselves in certain Countries where the free power of Election may seem in some sort to have ceased yet that custome hath continued in all well constituted kingdomes that the children of the deceased kings should not succeed untill they were as de nâ—no newly constituted by the people nor should not be acknowledged as heirâ—s to their Fathers but should onely then at length be reputed kings when they had as it were received investiture of the Realme from those who represent the Majesty of the people by a Scepter and Diadem In Christian kingdomes which at this day are said to be conferd by succession there are extant most evident footsteps of this thing For the kings of France Spain England and others are wont to be inaugurated and as it were put into possession of the Realm by the States Senators Nobles and great men of the Realm who represent the universality of the people in the same manner as the Emperours of Germany are by the Electors and the kings of Poland by the Vayuods or Palatines where the intire right is onely by election neither is royall Honour yeelded to them in the Cities of the kingdomes before they have been duly inaugurated Neither also heretofore did they compute the time of the reigne but from the day of the inauguration which computation was accurately observed in France And that we may not be deceived by reason of any continued stories of succession even in those very kingdoms the States of the Realme have oft times preferred a kinsman before a sonne the second sonne before the eldest as in France Lewis the brother before Robert Earl of Dreux also Henry the second brother before Robert Capet the Nephew with others elsewhere Yea and the same kingdome by Authority of the People hath been translated from one Nation and Family to another whiles there were lawfull heires extant from the Merouingi to the Carlingi from the Carlingi to the Capets which hath been likewise done in other Realms as it sufficiently appears out of the truest Histories And that we may not recede from the kingdome of France which hath ever been reputed the pattern of the rest in which I say succession seemes to have obtained greatest strength We read that Pharamond was elected Anno 419. Pipen An. 751. Pipens sonnes Charles the great and Charlemain 768. not having respect of the Father Charlemain being at last taken away 771. the Brothers part did not immediatly accrue to Charls the Great as is usually done in inheritances but by the determination of the people and publike Councell and by them Ludovicus pius was elected An. 812 although he were the sonne of Charles the great Yea in the very Testament oâ— Charles which is extant in Nauclerus he Intreats the People by the Common Councell of the Realm to elect one of his nephews whoÌ„ they pleased as for hi Vncles he bids theÌ„ rest satisfied with the Decréc of the people Whence Charles the bald Nephew by Lewis the godly and Iudith professeth himselfe An elected King in Aimoinius the Historiographer In summe all kings whatsoever from the beginning were Elective and those who at this day strive to come to the kingdome by succession must of necessity be First ordained by the people Finally albeit the people by reason of certain egregious merits hath in certain Realmes used to chuse kings out of the same stock yet they chuse the stock it self nor the branch neither do they so chuse it but if it degenerates They may elect another But even those who are neerest of that stock are not so much born as made kings are not so much accounted kings as the Attendants of kings which Franciscus Hotomanus in his Franco-Gallia cap. 6. 7. 10. prosecutes more at large and manifests by sundry pertinent Presidents and Authorities Secondly that it is apparant by all the premised Histories That in all Empires Monarchies the whole Empire State Kingdome with the Parliaments Senates States Diets publike Officers and generall Assemblies which represent them are the Supreamest Soveraign power superiour to the Emperours Kings and Princes themselves who are subordinate Ministers and servants to them elected created by them for their common good and not absolute Soveraign Lords or Proprietors to rule domineer over them at their pleasure Which conclusion you shall find abundantly ratified and proâ—essedly maintained by Marius Salamonius de Principatu in six severall Books by Iohn Mariana de Rege Regis Instit. t. 1 c. 8. Stephanus Iunius Brutus his Vindicia contra Tyrannos throughout especially p. 91. to 110. the Treatise De Iure Magistratus in Subditos throughout Iustus Eccardus de Lege Regia Henricus Ranzâ—vius Commentarii Bellici lib. 1. c. 3. and elsewhere Georgius Obrechtus an eminent Civill Lawyer Disputationes Iuridicae de Principiis Belli sect 115. to 200. where he thus resolves The inferiour Magistrates as in Germany the Electors Princes Earles Imperiall Cities in France the Peers of France in Poland the Vayuodes or Palatines and in other Kingdomes the Nobles Senators and Delegates of the Estates as they are severally inferiour to the Emperour or King Ita Universâ— Superiores existunt so collectively They are superiour to them as a Generall Councell is above the Pope the Chapter above the Bishop the Vniversity above the Chancellor The Prince saith Pliny the second even the greatest is obliged to the Commonwealth by an Oath as its servant ac ipsa Republica seu Regno Minor est and is lesse then the Republike or Kingdome it selfe by Franciscus Hotomanus a learned French Lawyer in his Franco-Gallia c. 6 7. 10 11. 14 15 16 18 20. Aquinas de Regimine Principum c. 6. by Hemingius Arnisaeus De Auctoritate Principum in populum c. and De Iure Majestatis Sebastianus Foxius De Regni Regisque Institutione Vasquius Controvers Illustrium passim Cavarnuius Contr. Illustr T. 2. 505. n. I. 399. n. 6.
or rather a function If a function what community hath it with a propriety If a possession whether not at least such an one that the same people by whom it is delivered may perpetually retain the propriety to it self Finally if the patrimonie of the Eschequer or demaines of the Republike be truely called a Dower and truely such a Dower by whose alienation or delapidation both the Republike it self and Kingdom and king himself finally perisheth by what law at last shall it be lawfull to alienate this Dower Therefore let Wenceslaus the Emperour be infatuated let Charles the sixth king of France be distracted and give or sell the kingdom or a part thereof to the English let Malchom king of Scotland prodigally spend the Crown land and royall Treasure what will follow Those who have chosen a king against the invasions of Forraigners by the folly or madnesse of the king shall be made the servants of Forraigners those who by this means would severally desire to secure their Estates shall all of them together be exposed to a prey those things which every one shall take from himself or from his pupils as in Scotland that he might endow the Commonwealth some Bawd shall riotously consume But if as we have already often said kings be created for the peoples use what use at all shall there be if not onely the use but even the abuse be granted To whose good are so many evils to whose benefit so many losses so many perils If I say whiles I desire to look after my liberty or safetie I make my selfe a slave I expose my selfe to the lust of one man I put my self into Fetters and Stocks Therefore we see this Law as it is infused by nature so likewise it is approved by use almost among all Nations that it is not lawfull for the king to diminish the Commonwealth at his pleasure and he who doth contrary is censured to play not the king but Tyrant Certainly where kings were created there was a necessity to give them some Revenues by which they might both support their Royall State but most principally sustain the Royall burthens for so both honesty and profit seemed to require It pertained to the Royall Office to see Judges placed every where who should not take gifts and who should not prostitute the Law to â—ale Moreover to provide a force ready at hand which should assist the Law when ever there should be need to preserve the wayes safe Commerce safe c. but if warre were feared to fortifie Cities with a Garrison to inviron them with a Trench against enemies to maintain an Army to furnish Armories Now this is a know proverb that peace cannot consist without warre nor war without souldiers nor souldiers without wages nor wages without tribute Therefore to sustaine the burthens of Peace the demesne was instituted which among the Lawyers is called Canon to defray the charges of warre tribute yet so as if some more heavy charge should accrue an extraordinary ayde given by Parliament should supply the end of all which verily is the good of the Commonwealth so as he that converts it to his private use is plainly unworthy the name of a king For a Prince saith Paul is the Minister of God for the peoples good and Tributes and Customes are paid to him that he may continually attend thereto And truely heretofore almost all Customs of the Romanes seem to have had this Originall that the precious Merchandize used to be brought out of India Arabia Aethiopia might be secured against piraticall invasions for which cause a Navie was furnished of which kinde was the tribute of the Red-sea Pedatica Navigia Portoria and the rest that the publike wayes which were therefore called Pretorian Consular Royall should be rendred safe from theeves plain and easie which charge even now lieth upon the kings Attorny that the publike Bridges should be repaired as appears out of the Constitution of Lewes the godly twelve over Seyne that Ships should be ready at hand to transport men over Rivers c. There were no Tributes of Saltpits yea most of them were in the Dominion of private men because what things nature did voluntarily give they thought ought no more to be sold then Light Ayre water And whereas a certain King named Lycurgus had begun to impose a Tax on Salt pits as if nature would not suffer her liberality to be restrained they are said to have been presently dried up although at this day If we beleeve Palphur or Armilot Whatever good or faire thing can be got Out of the Whole Sea in each Realme it flowes Some custome to the Kings Exchequer owes He who first instituted this custome at Rome was Livius Censor whence he obtained the surname of Salinator which he did for the most present necessity of the Commonwealth For that very cause truly King Philip obtained it onely for five yeares whose continuation what commotions it hath produced every man knoweth Finally that tributes were instituted to pay Souldiers wages in warres appeares even from this that to make a Province stipendary or tributary is the selfe-same thing indeed Thus Solomon imposed Tributes to fortifie Cities and to furnish a publike Armory which because they were finished the people under Rehoboam desired to be eased thereof Yea the Turkes themselves call the Tribute of Princes The sacred blood of the People which profusely to spend or to convert to any other use but to defend the people is a cursed act Therefore what things soever a King acquires in warres in every Nation because he gaines it by the common treasure â—e acquires it to the people not to himselfe as a factor doth to his Master Moreover if perchance he gaine any thing by marriage which I say is pure and simply his wives he is thought to acquire it to the Kingdome because he was presumed to marry that wife not as he is Philip or Charles but as he is King On the contrary as Queenes have part of those things which their husbands not yet co-opted into the Kingdome have gained during the marriage so plainly they have no part of those things they get after they have obtained the Kingdome because they are reputed gained to the publike Treasures not to the private meanes of the King which was judged in the Realme of France between Philip Valoyes and Ioan of Burgundy his wife Now lest the monies should be extorted to some other use the Emperour sweares that he will impose no customes nor enjoyne no taxes but by the Authority of a publike Assembly The Kings of Poland Hungary Denmarke England doe the like out of the Lawes of Edward the first The French Kings heretofore demanded Tributes in the Assemblies of the three Estates Hence also is that Law of Philip Valoyes That impositions should not be imposed but upon great and urgent necessity and that by the consent of the Three Estates Moreover in times past those taxes were laid up in Castles throughout
of the three Estates held at Orange was again decreed Thus concerning publike Lands But that it may the more evidently appeare that the kingdome is preferred before the king that he cannot by his private Authoritie diminish the Majestie which he hath received from the people nor exempt any one from his Empire nor grant the right of the Soveraign Dominion in any part of the Realm Charles the great once endeavoured to subject the Realm of France to the German Empire but the French vehemently withstood it a certain Vascon Prince making the Oration The matter had proceeded to Arms if Charles had proceeded further Likewise when some part of the Realm of France was delivered to the English the supreme right was almost perpetually excepted but if Force extorted it at any time as in the Brittish League wherein king Iohn released his Soveraign Right in Gascoigne and Poytiers the king neither kept his Contract neither could or ought he more to keep it then a Captain Tutor or Guardian as then he was who that he might redeem himselfe would oblige the goods of his Pupils By the same Law the Parliament of Paris rescinded the agreement of the Flusheners wherein Charles of Burgundy extorted Ambian and the neighbour Cities from the king and in our time the agreement of of Madrit between Francis the first a Captive and Charles the fift the Emperour concerning the Dukedome of Burgundy was held void and the Donation of Charles the sixt of the kingdom of France by reason of death conferred on Henry king of England may be one apt argument of his extreme madnesse if others be wanting But that I may omit other things which might be said to this purpose by what right at last can a king give or sell his kingdom or any part thereof seeing they consist in the people not in the walls now there is no â—ale of free men when as Land-Lords cannot so much as constrain their free Tenants that they should settle their Houshold in any other place then where they please especially seeing they are not servants but Brethren neither onely are all kings Brethren but even all within the Royall Dominion ought to be so called But whether if the king be not the proprietorie of the Realme may he not at least be called the usufructuary or receiver of the profits of the Crown Lands Truely not so much as an usufructuary A usufructuary can Pawn his lands but we have proved that kings caÌ„not morgage the Patrimony of the Crown A fructuary can dispose or give the profits at his pleasure contrarily the great gifts of the king are judged void His unnecessary expences are rescinded his superfluous cut off what ever he shall convert into any other but the Publike use he is thought to have violently usurped Neither verily is he lesse obliged by the Cincian Law then any private Citizen among the Romanes especially in France where no gifts are of force without the consent of the Auditors of the Accounts Hence the ordinary Annotations of the Chamber under prodigall kings This Donation is too great and therefore let it be revoked Now this Chamber solemnly swears that whatsoever rescript they shall at any time receive from the king that they will admit nothing which may be hurtfull to the kingdom and Commonweale Finally the Law cares not how a Fructuary useth and enjoyeth his profits contrarily the Law prescribes the king in what manner and unto what use he ought to put them Therefore the ancient kings of France were bound to divide the Rents into four parts one part was spent in sustaining the Ministers of the Church and the poor another upon the kings Table the third on the Wages of his houshold servants the last in the repaire of royall Castles Bridges Houses the residue if there were any was laid up in the Treasury Verily what stirs there were about the year 1412 in the Assembly of the three Estates at Paris because Charles the sixt had converted all things into his and his Officers lusts and that the Domestick accounts which before had not exceeded 94 thousand French Crowns in such a miserable estate of the republike had increased to the sum of five hundred and forty thousand Crowns is sufficiently evident out of Histories Now as the rents of the Crown were thus lessened so also the oblations and subsidies were spent upon the Warre as the taxes and tallages were onely destinated to the stipends of Souldiers In other Realms the King verily hath not any more Authority yea in most he hath lesse as in the Germane and Polish Empire But we would therefore prove this to be so in the Realm of France lest by how much any man dares to doe more injury by so much also he might be thought to have more right In summe what we have said before the name of a King sounds not an inheritance not a propriety not a perception of profits but a function a procuration As a Bishop is instituted for the cure and salvation of the soul so the King of the body in those things which pertain to the publike goods as he is the dispenser of sacred goods so the King of prophane and what power he hath in his Episcopall the same and no greater hath the King in his dominicall Lands the alienation of the Episcopall Lands without the consent of the Chapter is of no validitie so neither of the Crown Land without a publike Parliament or Senate of the Estates Of sacred revenews one part is designed to aedifices another to the poor a third to Companions a fourth to the Bishop himself the same verily almost we see the King ought to do in dispensing the revenewes of the Kingdom It hinders not that the contrary every where is at this day usurped For the duty of Bishops is not any way changed because many Bishops sell those things from the poor which they spend upon Bawds or wast all their Mannors and Woods nor yet that some Emperours have attributed all kinde of power to themselves for neither can any one be judge in his own Cause But if any Cararalla hath said That so long as his sword remains he would want no money Adrianus Caesar will also be pâ—esent who shall say That he would manage the Principality so as all should know that it was the peoples goods or inheritance not his own which one thing almost distinguisheth a King from a Tyrant Not that Attalus King of Pergameni ordained the people of Rome â—eirs of his Realme that Alexander bequeathed the kingdom of Aegypt â—tolomie of the Cyrenians to the people of Rome or Prasutagus of the â—ceni to Caesar verily this great power cannot debilitate the force of the Law yea by how much the greater it is by so much the lesse it hurts our law for what things the Romanes seized upon by pretext of law they wouâ—â— notwithstanding have seized on by force if that pretext had been wanting Yea we see almost in our â—imes
as Kings are a truth undeniable confessed by all our Kings in their ordinary Writs to Bishops as the words REX EADEM GRATIA Episcopo attest But they for their offences and misdemeanors contrary to their function may be both forcibly resisted censured deprived degraded yea and executed thnotith standing their divine right and institution as the Canons of most Councels we practise of all ages yea the expresse letter of the 26. Article of the Church of England with all our Episcopall Canons and Canonists attest Therefore tyrannicall degenerating Kings may be so too by the selfe-same reason in some cases Thirdly this Title of Dei gratia in Publike Writs anciently hath beene and yet is common to Bishops Prelates inferiour Magistrates and Subjects as well as to Kings as sundry precedents in our Law bookes Matthew Paris Salon with others attest and Mr. Iohn Selden in his Titles of Honour part 1. chap. 7. Sect. 2 p. 123. professedly proves at large to whom I shall referre you But these both lawfully may be and alwayes have beene forcibly resisted questioned convented deprived censured for their tyranny and misdemeanors notwithstanding this their stile of Dei gratia or pretence of divine institution yea we know that Bishops have beene lately thrust out of many Churches notwithstanding their long pretended Ius Divinum to support their Hierarchy and Iohn Gerson a Papist hath writ a particular Treatise De Auferibilitate Papae notwithstanding the Popes pretended Divine Title to his Monarchy which may be now and one day shall be totally abolished Therefore tyrannicall degenerous Kings may be justly resisted censured deprived as well as they and royalties changed into other governments by the peoples and kingdomes common consents if they see just cause If any secondly object That Kings are annoynted at their Coronation Therefore their persons are sacred irresistible unquestionable unpunishable for any tyrannicall or exorbitant actions whatsoever I briefely answer first that every Christians Baptisme being a Sacrament of Christs owne institution at least his spirituall unction and sanctification as I have formerly proved makes a person as sacred yea more holy then Kings annoynting being no Sacrament can or doth of it selfe make the person of any King whatsoever A truth which no Christian can without blasphemy deny But Baptisme and the inward unction of the spirit of grace and sanctification exempts no Christians from resistance censure punishments of all sorts in case they commit any exorbitant or capitall crimes as experience tels us Therefore Kings Coronation annoyntings cannot doe it Secondly Priests anciently were and at this day too in the Roman Church are annoynted as well as Kings and so are children and siâ—ke persons that I say not Altars Bels c. with Chrisme and extreame Vnction But these Unctions conferre no such immunity to Priests children sicke men others c. Therefore neither can this annoynting doe it to Kings especially now being no divine institution Thirdly The annoynting of Kings is not common to all Christian Kings many of them especially in former times having beene crowned without any annoynting at all but peculiar to Emperours and to the Kings of Ierusalem France England and Sictly the foure annoynted Kings onely as Albericus Restaurus Castaldus Antonius Corsetus Azorius Cassanaeus and sundry others affirme out of the old Roman Provinciall though some other Kings have now and then beene annoynted when they were crowned as Mr. Selden Proves Since therefore all Kings persons are reputed sacred as well as these foure who are annoynted and these Kings as soone as the Crowne descended to them even before their Unctions and Coronations were deemed as sacred and inviolable as before it is certaine that their very enoyling of it selfe makes no addition to their personall immunities from just resistance publike censures or deprivations for grosse unsufferable publike crimes Fourthly the annoynting of Christian Emperours and Kings is not very ancient Charles the great being the first annoynted Emperour it we beleeve Mr. Selden The first annoynted King in France was Pipin about the yeare 750. the annoynting of their Clovis the first about they yeare 500. with that holy Vial of never-decaying Oyle reserved at Rheimes to annoynt their Kings which they say a Dove brought downe from Heaven to annoynt him with a ridiculous Monkish fable much insisted on by Bochellus and other French-men who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial at the French Kings Coronations being not at his Coronation as many fondly mistake but onely at his baptisme as Mr. Selden manifests by pregnant authorities The annoynting of Kings is farre more ancient in England then in any other Realme as Mr. Selden notes out of Gildas yet Egfert is the first of whose annoynting there is any intimation in our Histories about the yeare 790. To adde to the holinesse of which ceremony some of our Monkes in latter ages have forged a Legend as good as that of the holy Vial at Rheimes that the Virgin Mary gave to Thomas Becket Archbishop of Canterbury during his exile under Henry the second a golden Eagle full of precious Oyle inclosed in a stone vessell commanding him to preserve it foretelling him that the Kings of England annoynted with this Oyle should be Champions of the Church and bountifull and victorious as long as they had â—his Eagle oyle How late the Unction of Kings began in other Realmes you may read at large in Mr. Selden and how the later Kings of Iudah were annoynted and with what unguent or Oyle the curious may read at leisure in Cunaeus This annoynting therefore of Kings being not of divine institution of such puny date in most Realmes and no wayes necessary nor essentiall to the constitution or Inauguration of any Christian King can adde no immunity or priviledge at all to the persons of Kings much lesse exempt them from all forcible resistance just censures or deprivation it selfe if there be just and reall cause to proceed criminally against them in case of incorrigibility as I have elsewhere more fully demonstrated and therefore shall no further expatiate in this particular here onely I shall conclude with one notable History which proves it I read in Gulielmus Neubrigensis that for an hundred yeares space and more though there were a numerous succession of Kings in Norway yet none of them ended his life by old age or sicknesse but all of them perished by the sword leaving the soveraigne power of the Realme to their murderers as to their lawfull successors so as to all those who are knowen to have reigned there for so long a time that which is written might seeme to have reference Hast thou slaine and also taken possâ—ssion The Nobles of this Land out of a pious endeavour desirous to heale this infamous mischiefe obteining now the vigour of a Law as it were through long custome decreed That the new King should be solemnly annoynted with a mysticall unction and crowned so as no man
secular standing by in great number called and requested to the things above written And I Nicholas Berchtoldi Fridberg Clerke publike Notary of the Diocesse of Mentz by Episcopall and Emperiall authority and sworne Scribe of my foresaid most gracious Lord Lord John Archbishop of Mentz because at that time I was personally present when this sentence which we have fore-writ was given and pronounced together with the publike Notaries and witnesses commemorated and saw and heard all these things to be done therefore at the command and request of my foresaid most gracious Lord of Mentz have reduced this publike instrument faithfully put in writing into publike forme and have subsigned and ratified it with my accustomed signe of Notariship having likewise annexed the great Seale of my foresaid Lord of Mentz in assurance and testimony of all the premises The names of the Notaries are Nicholaus Berchtoldi Fridburgensis Ioannes Meier junior Gasterveidensis Conradus a Leiborn Clerious Padebornensis diaecesis Henricus Sâ—alberg Rotenbergensis Tilmannus a Honberg Conradus Coler Zusâ—ensis Coloniensis diaecesis Finally it is evident that the Nobles Magistrates Parliament and representative body of the people or some part of them in default of the rest may lawfully take up defensive armes to resist their Princes endeavouring to abrogate the Law of God to waste the Church and extiâ—pate the true Religion setled among them by the Lawes and usher in Idolatry And that in such a case as this neighbour Princes and States lawfully may yea and ought in point of conscience to aide the Subjects of other Princes afflicted for the cause of pure Religion professed by them or oppressed by open Tyranny These propositions are largely and professedly debated by Iunius Brutus in his Vindiciae contra Tyrannos quaest 1. 2. 4. throughout in the Treatise intituled De Iure Magistratus in Subditos spent wholly in this Theame Georgius Obrectus Disput. Iurid de Principiis Belli Num. 125. to 199. by Vasquius Contr. Illustr 36. n. 30. and elsewhere by Alhericus Gentilis and sundry others forecited I shall onely fortifie the later part thereof with the observation of the Duke of Rhoan who acquaints us that it is and hath beene of later yeares the very true interest honour and greatnesse of the Kings and Queenes of England both in point of policy and Religion to protect and assist with armes all Princes of the Reformed Protestant Religion in France Germany and other parts as it is the true interest of the Kings of Spaine to protect and releeve all oppressed or grieved Roman Catholicks under the Dominion of other Princes and that their honour safety and greatnesse principally consists in the observation and maintenance of this their interest and with the words of Iunius Brutus who thus states and debates the Question An Iure possint aut debeant Vicini Principes auxilium ferre aliorum principum subditis religionts causa afflictis aut manifesta tyâ—annide oppressis In defining this question saith he there is more need of conscience then science which would be altogether idle if charity obtained its place in this world But because as the manners of the times are now there is nothing more deare or rare among men then charity it selfe we thinke meete briefely to discusse it The Tyrants as well of soules as bodies as well of the Church as Common-wealth or Realme may be restrained expelled and punished by the people Both these we have already proved by reasons But because such is the fraud of Tyrants or such the simplicity of subjects for the most part that they are scarce known before that they have spoyled or these scarce thinke of their safety till they have almost perished and are reduced into those straits out of which they cannot get out with their owne forces so as they are compelled to implore the aide of other it is questioned Whether they defending the cause of Religion or of the Common-wealth of the Kingdome of Christ or of their owne Kingdome other Christian Princes may lawfully assist them And truly many whiles they have hoped to increase their wealth by ayding the afflicted have presently judged it to be lawfull For thus the Romans Alexander the great and many others under pretext of suppressing Tyrants have frequently enlarged their Dominions and not long since we have seene Henry the second King of France to have made warre with the Emperour Charles the fifth and that under pretext of succouring and defending the Princes of the Empire and of the Protestants too as also Henry the eighth King of England was ready to aide the Protestants in Germany to make worke for Charles the fifth But if any danger may be feared from thence or little gaine may be expected then verily they must heare most Princes disputing whether it be lawfull or no And as those under a pretext of piety did cover either ambition or gaine so these pretend justice for their sloathfulnesse when as verily neither did piety exhort them which seekes onely the good of others nor yet justice ought to dehort these which looks wholly abroad and is as it were cast out of its owne doores Therefore discharging both these let us see first in the cause of Religion what true piety and what true justice may perswade First let it be agreed that there is but one Church whose head is Christ and whose members so cohere and agree among themselves that none of them even the smallest can suffer violence or hurt but the rest are hurt and suffer griefe as the whole Scripture teacheth Therefore the Church is compared to a body Now the body is oft-times affected not onely with the hurt of the arme or legge but even of the very least finger or perisheth with its wound Therefore in vaine may any one boast that he is cordially affected with the safety of the body who when he may defend the whole yet suffers it to be torne and mangled limb after limb It is compared to a buildings Now where mines are made against any part of the building the whole building oft-times fals downe to the ground and the flame which invades any part thereof enâ—â—â—gers gers the whole Therefore he should be ridiculous who because he 〈◊〉 in the callaâ— perchance should delay to drive the flame from the top of the house He should be scarce in his wits who would not prevent mines with countermines because they are made against this wall not against that It is also compared to a Ship Now the whole Ship is endangered together the whole perisheth together Therefore those are equally safe who are in the fore part as those who are in the puppe those who are in keel as safe as those in the shroâ—ds if the storme rage whence verily even in the common proverb those who are conversant in the same danger are said to be in the same Ship These things laid downe verily he who is not moved with its griefe burning to ssing is not of that body is
See the generall Hist. of France and Gaguinus in the life of Iohn Fabian part 7. p. 280 to 298. Gaguinus the generall Hist. of France in the life of this Philip and King Iohn Note this So it hath been coâ—ceived by some the King by Law might do this in England but Sir Edward Cooke in his Institutes on Magna Charâ—a f. 575. to 5â—9 hath largely proved the contâ—ary that the King by his Prerogative and Proclamation cannot alter enhanse or abase his coyne but in and by the Parliament onely because it is contrary to sundry Statutes it is the sinues and life of trade and every mans estate consists in it and so all have a common interest therein which cannot be altered but by common consent in Parliament Fabian part â— p 305 306 311 312. Generall Hist. of France Gaguin and others Fabian part 7 p 3 7. seâ— p. 190 191. 266 477 c. 355 326 357 358 359 460. Walsingâ—em Hist. Angl p. 235 236. Fabian part 7. p. 324. 355 356 357 358 363 364. The generall Hist. of Franceâ— Gaguinâ— and others in his life Fabian ibid. Generall Hist. of France p. 226. 227 228 229. Chron. 2. 5. H. 5. Hist p. 786. to 782. Fabian part 7. p. 399 400 475. Generall Hist. of France Holingshed Fabian Walsingham Grafâ—on Hall Fabian part 7. p. 475 478. Generall Hist. of France Hall Holinshed Speed Fabian part 7. p. 479. 480 481 â—88 Generall Hist. of France Fabian part 7. p. 490 521 522 523. Phili. dâ— Com. l. 5. c. 18. Phili. dâ— Com. l. 5. c. 18. Note Note Gen. hist. of France p. 421. 423. Gen. hist. of France p. 575. to 580. Grimst Imper. hist. p. 647 648. Notâ— Matthew Paris p. 270 271. The generall Hist. of France p. 657. to 690. Note Generall Hist. of France 692 c. Richardus Dinothus de Bello Civili Gallico Religionis causa suscepto l. 2 3 4 6. Speeds Hist. 1211 1212 1213. K. lames Answer to Cardinall Peron Gen. hist. of France p. 744. Fox Acts andâ— Mon Vol. 3. p. 1026. Edit uâ—t Gen. Hist. of France p. 764. Generall Hist. of France p. 765 c. Gen. Hist. of France p. 834 835. Mounsieur Daubern The generall Hist. of France p. 976 977 982. Gâ—n Hist. of France p. 914 915 1070 1071 1072 1094 1095 1110 1133 1172 1173 1174 1175 1181 1182 1183 1196 â—o 1220. Gen. Hist. of Franceâ— p. 887. 88â— Gen. Hist. of France p. 1009. 1022 1023 1124 1154 1156 1157. Gen. Hist. of Fr. p. 1173 1174 1200. Gen. Hist. France p. 1207 The continuation of the life of Lewes the thirteenth p. â— to 7â— Ibib. p. 〈◊〉 26. 29. 30. 31. 〈◊〉 49. 50. 74. 75 Ibid p. â—â— â—8â—24 Ibid p. 59 〈◊〉 12â— Lib. 2. c 12. p. 179. to 187. Note Continuation of the Gen. Hist. of France p 13. to 150. Ibid p. 220. to 306. See the Synopsis of his life Catalogus Gloriae mundi pars 5. Consid. 29 30. Andrew Favne Theaâ—e of Honour l 2. c. 12. See Camillus Barellus de Regis Catholici Praestantia c. Geâ—erall Hist. of France p 90â— See Ioannis Mariana de Rege Regis Iustit l. â— c. 3. p. 33. Hieron Blanca Rerum Arag Comment See concil Toletanum 8. Surius Con. T. 2. p. 864 â—65 Ioannis Pistorius Hispaniae illustratae Tom. 3. Leges Wisigothorum L. â— c. 2 p. 859 Iacâ—bus Valdesius de dignitate Regum Regnorumâ— Hispaniâ— pars 1. c. 11. p. 135. Michael Ritius de Regibus Hisp. l. 2. Gen. Hist. of Spain l 6. â— 168 169. Part. 1. â— 6. Fox Acts Mon. Vol. 1. p. 879. 810. Lib. 1. De â—egum 〈◊〉 â—â—p 8. p. 68 c. Notâ— De Rege Regum Instit. â— 1. c. 9. The generâ—ll Hist. of Franâ—e p. 833 834 117â— 1179. See Doctor Iohn White â—is Defence of the way c. 6. where their words are quoted for tyranny and mis-government The Gen. Hist. of France p. 847 914 915. 1179 1180 1181 1182 1183 1190. Of Christian Subâ—ection c. par 3. p. 5â—9 520 521. Munst. Cos. l. c. 20. p. 75. Roderici Archiâ—p Toâ—etani De Rebus hisp l. 4. 2. l. 5. c. â— â— Gen. 〈◊〉 of Spa. â—6 Rodericus Toletanus de Rebus Hisp. l. 4. c. 19. Râ—der Tol. l. â— c. 4 5. Muâ—st cos l. 2. 6. 20. Gen. hist. of Spain l. 7. 〈◊〉 Cosmogr l. 2. c. 20. p. 78. Gen. Hiâ—t of â—pain Censure in F. Iosephâ— Teixerae libelluÌ„ c. 75. to 83. De vera Regum Portugalium Geneologia lib. in the 2. Tom. of Icannis Pistorius Hispaniae illustratâ—e Lib 5. p. 146. Iâ—annis Mariana De Rebus Hâ—sp l. 6. c. 4. 6. See Procopius Vand 1. 〈◊〉 l. 2. c. 20. l. â— c. 35. Gen. hist. of Spain l. 5. p. 122. 140 145 146 147 149 Roâ—san hist. Hispâ— pars 2. in their lives Ioan Mariana de Rebus Hisp. l. 5. 6. Gen. hist. of Spain l. 5. p. 139 140. 145. Rod. sanct hist. Hisp. parâ— 2. c. 15. 22. Gen. hist. of Spain l. 5. p. 146. Gen. hist. of Spain l. 5. p. 147 Concil Toletanum â— c. 3. Surius Concil Tâ—m 2. p. 742. Surius Concil Tom. 2. p. 739. 740. Mariana de Reb. â—isp l. â— 6. 6. Surius Concil tom 2. p. 744. â—45 Mariana de Rebus Hisp. l 6. c. 9. Gen. hist. of Spain l. 5. p. 149. 150. Rodâ—â— san hist Hisp. par â— 1. 32. Surius Concil câ—m 3. p. 3. Mariana de Rebus hisp l. 6. c. 12 14 17. Surius Concil 3. p. 3 4. Mariana de Reb. Hisp l. 6. c. 17. Generall Hist. of Spain l. 5. p. 151. Gen Hist. of Spain l. 5. p. 1â—2 153. Rod Sanct. Hiâ—â— Hisp. pars 2. c. 35 Mariana de Rebus Hisp. l. 6. c. 19. Gen. â—ist of Spain l. 5. p. 153 154 155 Rod. Sâ—â—ctius Hist. Hisp. parâ— 2. â— 37. Mariana de Rebuâ— Hisp. l. 6. c. â—1 22 23. 〈◊〉 Gen. â—ist of Spain l. 5. p. 153 154 155 Rod. 〈◊〉 Hist. Hisp. part 2. c. 37. Mariana de Rebus Hisp. l. 6. â— 21 22 23. Illâ—stratae In 〈…〉 Hist. Tom. 3. p. 〈◊〉 860. Surius Concil Tom. 2. p. 864 865. Legis Wisigoth l. â— c. 28. p. 869. and l. 6. câ—â— p 936. Procop. Vand. 1. Amon l. â— c. 20. l. â— c. 35. 〈◊〉 de Enc. Belli l. 1. c. 3. Sect. 11. Gen Hist of Spain l. 6. p. â—69 171 172 173 174 175 177. Mariana de râ—bus Hisp. l. 7. Gen Hist. of Spa l. â— p. 183 Gen. Hist. of l. 7. p. 211. 226. Mariana de rebus Hisp. l. 8. c. 8. Ioan. Vasaei Hisp Chron. An 899. p. 714. Gen. Hist. of Spain l. 8. p. 242. Mariana de rebus Hisp. l. 9. 6 8 9. De rebus Hisp. l. 9 c. 5. Liâ— â— p. 240 Gen. Hist. of Spain l. 8. p. 243 Gen. hist. of Spain l 8. p. 256. Hyeron Blancae Arogâ—n Rerum Com. in Sâ—nct 4. p. 625. Gen. Hist. of Spain l. 8. p. 243. Gen.
the confiscation of their goods and inheritances 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 France with her sonne the Prince whose lives these favorites attempted She raised 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 King who being destitute of friends and meanes demanded assistance of the City of London whose answer was That they would honour with all duty the King the Queene and Prince but would shut their gates against Foreiners and Traytors to the Realme and with all their power withstand them And under the name of Iohn of Eltham the Kings second sonne whom they proclaimed Custos of the City of the Land they got the Tower of London into their possession placing and displacing the Garrison and Officers therein as they pleased The King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her selfe her sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should aide or assist them and that he should have a 1000. l. who did bring the Lord Mortimers head fâ—ies to Bristol in the Castle whereof the elder Spenâ—er was taken by the Queenes Forces and without any formall tryall cruelly cut up alive and quartered being first at the clamours of the people 〈◊〉 and hanged in his proper armour upon the common Gallowes without the City After which the King forsaken of all his Subjects flies into Wales for shelter where he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his son confessing That for his many sins he was fallen into this calamity and therefore â—ad the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abharre his any longer rule and Soveraignty and therefore he besought all there present to forgive and spare him being so afflicted Soone after he was murthered in Baâ—kly Castle And so the sicknesse and wounds which the Common-wealth sustained by his ill raigne upon the change of her Physitian recovered not onely health and strength but beauty also and ornament writes Iohn Speed After all this King Richard the second in the ninth yeare of his reigne summoned a Parliament wherein Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by the Parliament and the Sealâ— taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both the Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for the 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 made de la Pole sit at his owne table not in the usuall garment of a Peere but of a Prince out of a stomacke and hatred against the Peeres whom from thenceforth be never regarded but feiuedly and then fals to plot the death of the Duke of Glocester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Nottingham Castle with a few persons generally ill-beloved ill-adwised and ill-provided The course agreed upon by the King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speed seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumed the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters then umder a shew of justice they should be proceeded against accordingly The Lawyers who were the very men which in the last Parliament gave advice to the Lords to do as they did now meeting were demanded Whether by the Law of the Land the King might not disanull the Decrees of the last Parliament They joyntly answered he might because he was above the Lawes a most apparent errour confessing that themselves had in that Parliament decreed many things and given their judgement that all was according to Law which they acknowledged to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withall sends for the Sheriffes of Shires to raise Forces against the Lords who denyed saying that they could not raise any competent forces or Armes against them the whole Counties were so addicted to their favours and being further willed to suffer no Knights to be chosen for their Shires but such as the King and his Councell should name they answered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good precedent for our present Sheriffes whereupon they were dismissed Then were the Lawyers and Judges Robert Trefilian and his companions called before the King to determine the judgements of Treasons 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 need were against the Lords in the day of battle Many of which answered that they neither could nor would stand against the Lords whom they knew for certaine intimately to love the King and to endevour all things study all things doe all things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kings notice The Lords hearing of these proceedings were much sadded being conscious to themselves of no guilt worthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop of London to the King who inclining to credit the same was in an evill houre diverted by De la Pole The Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which they severally gather Forces that they might present their griefes to the King How he favoured Traytors not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speedily prevented The King on the other side by Trayterous Counsellours advise sought how to take them off single before they were united but in vaine by reason their party was so great Meane time some peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thither approaching they are advertised by some who had sworne on the Kings behalfe for good dealing to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which without the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre knights were reported to have laid for
rates and wages Coat and Conduct money excessive high Fines in Starchamber High Commission and other Courts with sundry other Particulars complained off with open mouth in this and the preceding Parliament by most of the members of both Houses and divers now present with his Majesty who notwithstanding the many publike complaints against these oppressions the Acts this very Session passed against them and sundry duplicated deepe Asseverations to maintaine the Subjects Property Liberty and governe onely according to Law hath and still daily doth in a farre higher degree then ever through the ill advise of Malignant Counsellors proceed to afflict and ruine his people in this very particular of Property and Taxes by weekely or monethly assessements and contributions imposed on sundry Townes and Counties where his Forces now lie exceeding many mens racked incomes his seising of their Ammunition Armes Horses Carts Goods Provisions Houses Lands yea husbandmens Teemes and Horses of their Ploughes priviledged from distresses by Law by most Nations though enemies in times of warre from spoyle or plunder so as they cannot till their ground which must needs breed a famine and stripping many thousands of his people in Brainford Marleborough Cicester Bromingham other places utterly sacked and ruined by his Cavaliers of all their lively hoods and estates to their very naked skins and carrying away those poore Subjects in triumph like Enemies and Traytors who dare offer to defend their goods houses estates or make any the least resistance though the Lawes Common and Statute allow them in such cases not onely to resist but kill all those who shall assault their houses or persons to spoyle them of their goods or protect them or their Liberties Lives Properties against his Army of theevish murthering Cavaliers And which aggravates all the rest his Majesty hath sent out such a Commission of Array to bee executed in every County as pulls up libertie and propertie by the rootes which though both Houses by a speciall printed Declaration have proved to bee illegall contrary to the fundamentall Lawes of the Realme the Petition of Right and some expresse Acts passed this present Session yet his Majestie hath caused such an Answer to be published in his name to the first Declaration as good Law which frustrates all Acts whatsoever made in this or former Parliaments for the Subjects Libertie Propertie and layes downe such grounds which will not onely justifie but revive all former pressures and grievances whatsoever as warranted by Law All which considered together with the frequent endeavours formerly and of late to raise and keepe an Army on foote among us to enslave us and raise what taxes shall bee arbitrarily imposed without a Parliament on the Realme by force of Armes according to the late use of France begun by Strafford in Ireland and now set on foote in divers countries of England makes wise moderate men feare that if the Militia Forts and Navy be yeelded up unto the King before the Subjects Propertie and these violations of it in the highest degree so that none at this day can truely say that any thing hee enjoyes no not his Lands or Life are his owne bee better setled all propertie will bee for ever lost and Turkish Subjects as free as English in common probabilitie Thirdly the constant designe against the Libertie of the Subjects person the better to invade the property of his goods prosecuted all his Majesties time and more then ever since the Petition of Right and this Parliament The which is evidenced by infinite illegall commitments of men for not paying the Lone Knight-mony Ship-mony with sundry other unlawfull Taxes without baile or mainprise of sundry members of both Houses during this and after former Parliaments ended for things done in and triable onely by Parliament by the exorbitant censures in the Star-Chamber and High Commission and judging free men against Law to close imprisonments And that which now grieves the very Soules of all English Spirits who have any remainders of common humanity in them and would rend an heart of adamant not onely by the strict close hard imprisonments of divers persons at Yorke and elsewhere for executing the Militia refusing the Array or contribution Taxes but by the more then barbarous yea beastly crueltie of his Majesties Cavaliers in chayning together in Ropes sundry Prisoners taken at Brainford Marleborough and Cicester as the true printed Relations of these places sacking testifie like a company of Turkish Gally-slaves though some of them were Gentlemâ—n of worth and quality others Ministers others aged sickly and many who never bore armes in these present warres and leading them chained almost naked and barefoot through deepe filthy wayes in the cold winter season to Oxford in triumph to his Majesties great dishonour and his Subjects griefe denying them not onely meat and drinke but even water it selfe the commonest Element to quench their thirst and keeping off yea beating any such at Cicester and Oxford who offered to bring them any sustenance though but a drop of water to coole their tongues O more then Turkish Barbarousnesse that one man one Christian one English Subject even in or neare the presence of his Soveraigne should thus ill intreate another without any punishment or checke much more with approbation After which they have beene shut up in prisons and dungeons lying on the cold ground stones or boards without beds straw fire or any the least refreshment allowed onely a poore pittance of Adams Ale and scarce a penny bread a day to support their lives though their friends would provide it for them in which sad condition many of them are still detained close prisoners without bayle mainprise exchange redemption divers of them being dead of Famine and ill unaccustomed usage Others have beene murthered without mercy and their Carcasses left unburied for the fowles to prey on others maimed and left weltring in their blood without any reliefe others forced to live exiles from their habitations and all for this new point of High Treason that they stood upon their guard to defend the propertie of their persons goods houses possessions from the robbery and plunder of theeving Cavaliers borne onely for the publike mischiefe of the Reame who now live by the Countries spoyle and robbery and must not be resisted If this proceeding be the so oft protested preservation the vowed defence of the Subjects Liberties Properties Lives the preserving of them in perfect and intire peace and safetie according to his Majesties Coronation oath the governing of them according to the Law even whiles the Parliament sits and hath such Forces in the field the possession of the Ports Navy and other premises in their hands which if the King should die without heire devolve wholly into the kingdomes hands and possession not to his Executors as to the true proprietors of them a strong unanswerable argument they are not now the Kings but kingdomes in point of
and Silver Money he pleased Nobili aâ—dâ—â—tiam personas ignobiles Senescallos Iudices Capitaâ—cos Consules 〈…〉 Procâ—ratores Recepâ—ores quoscunque Officiarios alios creandi 〈…〉 ponendi in singulis locis Ducatus praedicti quandâ— opus erit inflitutos 〈…〉 Officiarios autedictos amovendi loco amotorum alios subrogandi c. Heere ◠〈…〉 the Title hoâ—â—ur of a Duke and Dukedome in France given by the 〈◊〉 of England as King of France by assent and authority of a Parliament in 〈…〉 Captaines and all other Officers within that Dukedome In the Parliament Rolls of 1. H. 4. num 106. The Commons Petitioned the King that for the safety of himselfe as likewise for the safety of all his Realmâ— and of his Lieges BY ADVISE OF HIS SAGE COVNSELL hâ—e would ordaine SVRE or trusty and SVFFICIENT CAPTAINES and GARDIANS OF HIS CASTLES and FORTRESSES as well in Englaâ—d as in Wales to prevent all perills The very Petition in effect that this Parliament tendered to his Majestie touching the Militia To which the King readily gave this answer Le Roy le voet The King wills it In the same Rol. Num. 97. The Commons likewise petitioned That the Lords Spirituall and Temporall shall not be received in time to come for to excuse them to say That they durst not to doe nor speake the Law nor what they thought for DOVBT of death or that they are not free of themselves because they are more bound under PAINE OF TREASON to keepe their Oath then to feare death or any foâ—feiture To which the King gave this answer The King holds all his Lords and Iustices for good sufficient and loyall and that they will not give him other Counsell or Advise but such as shall be Honest Iust and Profitable for him and the Realme And if any will complaine of them in speciall for the time to come of the contrary the King will reforme and amend it Whereupon we finde they did afterwards complaine accordingly and got new Privie Counsellors chosen and approved in Parliament in the 11 th Yeare of this Kings Raigne as we shall see anone And in the same Parliament Num. 108. I finde this memorable Record to prove the King inferiour to and not above his Laws to alter or infringe them Item Whereas at the request of Richard laâ—e King of England in a Parliament held at Winchester the Commons of the said Parliamâ—nt granted to him that he should be in as good libertie as his Progenitors before him were by which grant the said King woulâ— say that he might turne or change the Lawes at his pleasure and caused them to be changed AGAINST HIS OATH as is openly known in divers cases And now in this present Parliament the Commons thereof of their good assent and free will confidâ—ng in the Nobility high discretion and gracious government of the King our Lord have granted to him That they will He should be in as great Royall Liberty as his noble Progenitors were before him Whereupon our said Lord of his Royall grace AND TENDER CONSCIENCE hath granted in full Parliament That it is not at all his intent nor will to change the Lawes Statutes nor good usagâ—s nor to to take other advantage by the said graunt but for to keepe the Ancient Lawes and Statutes ordained and used in the time of his Noble Progenitors AND TO DOE RIGHT TO ALL PEOPLE IN MERCY AND TRVTH ACCORDING TO HIS OATH which he thus ratified with his Royall assent Le Roy le voet By which Record it is evident First that the Kings Royall Authority and Prerogative is derived to him and may be enlarged or abridged by the Commons and Houses of Parliament as they see just cause Secondly that King Richard the second and Henry the fourth tooke and received the free use and Libertie of their Prerogatives from the grant of the Commons in Parliament and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice Thirdly That the King by his Prerogative when it is most free by his Subjects grant in Parliament hath yet no right nor power by vertue thereof to change or alter any Law or Statute or to doe any thing at all against Law or the Subjects Rights and Priviledges enjoyed in the Raignâ—â— of ancient Kings Therefore no power at all to deprive the Parliament it selfe of this their ancient undubitable oft-enjoyed Right and Priviledge to elect Lord Chancellors Treasurers Privie Seales Chiefe Iustices Privie Counsellors Lord Lieutenants of Counties Captaines of Castles and Fortresses Sheriffes and other publike Officers when they see just cause to make use of this their right and interest for their owne and the Kingdomes safety as now they doe and have as much reason to doe as any their Predecessors had in any age When they behold so many Papists Malignants up in Armes both in England and Ireland to ruine Parliaments Religion Lawes Liberties and make both them and their Posterities meere slaves and vassalls to Forraigne and Domesticke Enemies In the 11. yeare of King Henry the 4 th Rot. Parl. numâ— 14. Art c. 1. The Commons in Parliament petitioned this King First That it would please the King to ordaine and assigne in this Parliament the most valiant sage and discretest Lords Spirituall and Temporall of His Realme TO BE OF HIS COVNSELL in aide and supportation of the Good and substantiall Government and for the weale of the King and of the Realme and the said Lords of the Counsell and the Iustices of the King should be openly sworne in that present Parliament to acquit themselves well and loyally in their counsels and actions for the weale of the King and of the Realme in all points without doing favour to any maner of person for affection or affinity And that it would please our Lord the King in presence of all the Estates in Parliament to command the said Lords and Iustices upon the Faith and Allegiance they owe unto him to doe full Iustice and equall right to every one without delay as well as they may without or notwithstanding any command or charge of any person to the contrary To which the King gave this answer Le Roy le Voet After which the second day of May the Commons came before the King and Lords in Parliament and there prayed to have connusance of the names of the Lords which shall be of the Kings continuall Counsell to execute the good Constitutions and Ordinances made that Parliament To which the King answered that some of the Lords he had chosen and nominated to be of his said Counsell had excused themselves for divers reasonable causes for which he held them well excused and as to the other Lords whom hee had ordained to be of his said Counsell Their Names were these Mounsier the Prince the Bishop of Wâ—nchester the Bishop of Duresme the Bishop of Bath the Earle of Arundâ—â— the Earle of Westmerland and
and 14. The Bishop of Durham late Chancellour of England to Henry the 5. deceased and the Bishop of London Chancellour of the Dutchy of Normandy severally shew that upon King Henry the 5. his decease they delivered up their severall Seales after their homage and fealty first made to King Henry 6. in the presence of divers honourable persons whom they name particularly desiring the Lords to attest their surrender of the said Seales at the time and place specified which they did and thereupon they pray that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity which is granted and entred accordingly Numb 15. It was enacted and provided by the said Lord Commissioner Lords and Commons that in as much as the Inheritance of the Kingdomes and crownes of France England and Ireland were now lawfully descended to the King which title was not expressed in the Inscriptions of the Kings Seales whereby great perill might accrue to the King if the said inscriptions were not reformed according to his Title of Inheritance that therfore in all the Kings Seales as well in England as in Ireland Guyen and Wales this new stile should be engraven Henricus Dei Gratia Rex Franciae Angliae Dominus Hiberniae according to the effect of his inheritances blotting out of them whatever was before in them superfluous or contrary to the said stile and that command should be given to all the keepers of the said Seales of the King to reforme them without delay according to the forme and effect of the new Seale aforesaid Numb 16 Duke Humfrey the Kings Commissary and the other spirituall and temporall Lords being sate in Parliament certaine Knights sent by the Speaker and whole House of Commons came before them and in the name and behalfe of the said Commonalty requested the said Duke that by the advise of the said Spirituall and Temporall Lords for the good government of the Realme of England he would be pleased to certifie the said Commons to their greater consolation what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England and Keeper of his Privie Seale Vpon which request so made due consideration being had and full advise taken and the sufficiency of those persons considered which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough the King following his Fathers example and advise by the assent of the said Lord Duke his Commissary and of all and every one of the Lords spirituall and temporall hath nominated and ordained anew the Reverend Father Thomas Bishop of Durham to the Office of his Chancellour of England William Kinwolmaâ—sh Clerk to the Office of Treasurer of England and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid that 〈◊〉 well to the said Chancellor of England as to the said Treasurer of England and to the said Keeper of his Privie Seale for the exercise of the said Offices severall letters patents should be made in this forme Henâ—icus Dei gratia Rex Angliae Franciae Dominus Hâ—berniae omnibus ad quos presentes liteâ—ae pervenerint 〈◊〉 Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES constituimus venerabilem patrem Thomam Episcopum Dunelmensem CANCELLARIVM nostrum ANGLIAE dantâ—s concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro omnes omnimodas auctoritatem potestatem adomnia ea fingula quae ad officium cancellarii Angliae de jure sive consuetudine pertinent seu quovis tempore pertinere consueverunt c. The like Patents verbatim are in the same role mutatis mutandis made to the said Treasurer of England and Keeper of the Privy Seale After which the said Duke by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury the Bishops of Winchester and Worâ—ester the Duke of Excester the Earle of Warwicke the Lords of Ferrers and Talbot to the Commons then being in the Commons House and notified to the Commonalty by the said Lords these Officers to be nominated and ordained to the foresaid offices in forme aforesaid Vpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made rendring many thanks for this cause to our Lord the King and all the said Lords as was reported by the said Lords in the behalfe of the Commons in the said Parliament Numb 17. The liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts are confirmed by Parliament and their grants ordered to be sealed with the Kings new Seales without paying any Fine Numb 18. Henry the 5. his last Will and the legacies therein given are confirmed by the Kings Letters Patents with the assent of the Lords and Commons in Parliament Numb 19. A subsidy is granted to be imployed for the defence of the Realme of England to which end the Lord Protectour promiseth it shall be diligently imployed Numb 22. and 23. The King by assent of all the Lords spiritual and temporall wills and grants that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England and of the Constableship of the Castle of Gloucester from the death of the Kings father so long as it shall please the King with all the fees profits and wages thereunto belonging in the same manner as they were granted to him by his Father Numb 24. The 27. day of this Parliament the tender age of the King being considered that he could not personally attend in these dayes the defence and protection of his Kingdome of England and the English Church the same King fully confident of the circumspection and industry of his most deare Vncles John Duke of Bedford and Humfrey Duke of Gloucester By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall and LIKEWISE OF THE COMMONS in this present parliament hath ordained and constituted his said Vncle Duke of Bedford now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME and of the Church of England and PRINCIPALL COVNSELLOR of our Lord the King and that he shall both be and called Protector and Defendor of the Kingdome and the Principall Councellor of the King himselfe after he shall come into England and repaire into the Kings presence from thenceforth as long as he shall stay in the Kingdome and it shall please the King And further our Lord the King BY THE FORES AID ASSENT and ADVICE hath ordained and appointed in the absence of his said Vncle the Duke of Bedford his foresaid Vncle the Duke of Gloucester now being in the Realme of England PROTECTOR of his said Realme and Church of England
have been so esteemed in those times And thus I hope I have satiâ—factorily answered this objection without shifts or evasions and rectified these mistaken Fathers meanings with which our Opposites have seduced the illiterate over-credulous vulgar I have now through Gods assistance quite run through all Obiections of moment from Scripture Reason Fathers against the lawfulnesse of the Parliaments present defensive war and discovered divers grosse errors yea Impostures in our Opposites writings wherewith they have perverted many mens Consciences and cheated the ignorant seduced world I shall therefore here adjure them in the presence of Almighty God as they will answer the contrary before his Tribunall at the Day of Iudgement seriously to consider these my answers and publikely to retract those their Errors false grosse mis-interpretations perveâ—sions of Scriptures Authors which I have here discovered And since they pretend nothing but the satisfying and keeping of a good Conscience in by others concerned in this Controversie to shew a syncere ingenuous Conscience therein themselves where they have been mistaken since the contestation pretended is not for Victory Time-serving or Self-seeking but for Truth Gods glory and the publike weal and if I have over-shot my self in any thing I shall promise them a thankfull acknowledgement and ready paline dy upon their information and conviction of any apparent oversights I may casually fall into Now because they shall not deem me singular in my opinion concerning the lawfulnesse of subjects defensive Arms against their Soveraigns bent to subvert Religion Laws Liberties the Republike or deem it is a late upstart Novelty I shall conclude this discourse with such personall naturall and publike authorities as they shall not be able to balance with counter-resolutions in which I shall be as brief as I may be For personall Authorities I shall not be ambitious to remember many especially Papists whose common constant received opinion and practise hath alwayes been and yet is That Subjects upon the Popes command alone and absolution of them from their Soveraigns allegiance may and ought to take up even offensive Arms against their owne naturall Princes excommunicated interdicted deposed or onely declared contumacious Schismâ—ticall or Hereticall by the Pope without yea against their Kingdoms Parliaments privities or consents much more then with their approbation What Papists have determined and practised in this very point you may read at large in Gratiau himself Causa 15. Quaest. 6. and Causa 23. in the very Oath of Supremacie and Statut of 3. Iacobi ch 4. which prescribes it in Bishop Iewels view of a seditious Bull in Doctor Iohn Wâ—ite his Defence of the way Chap. 6. 10. in Abbas Vsper geâ—sis Sabellicus Valateranus Grimston and others in the Lives of the Roman and German Emperours in Aventine his Annalium Boyorum the Generall and Particular Histories of France Sparn Germany Italy Sicily Hungary England in Bishp Bilsons third part of the True Difference between Christian Subjection and unchristian Rebellion In suâ—dry Sermons on the fift of November to which I shall refer you In Pope Paschal his letter to Robert Earl of Flanders about the year of our Lord 1107. exorting him to war against those of Leige Henry the Emperour and his Assistants wheresoever he should finde them excommunicated and deposed as an Heretike and enemy to the Church telling him that he could not offer a more gratefull sacrifice to God then to ware against them concluding Hoc tibi Militibus tuis in peccatorum remissionem Apostolicae sedis familiaritatem praecipimus ut his laboribus triumphis ad Coelestem Hierusalem Domino praestante pervenias Which Let er was excellently answered by those of Leige And in the Councel of Towres in France under Lewes the twelfth Anno 1510. it was unanimously resolved by the Church of France That if the Pope did make war upon temporall Princes in lands which they held not of the patrimony of the Church they might lawfully by force of Arms resist and defend both themselves and others not only repulse this injury but likewise invade the lands of the Church possessed by the Pope their notorious enemy not perpetually to retain but to hinder the Pope from becomming more strong and potent by them to offend both them and theirs And that it was lawfull for such Princes for such notorious hatred and unjust invasion to withdraw themselves from the Popes obedience and with armed force to resist all censures denounced by the Pope against them their subjects and Confederates and that such sentences ought not to be obeyed but are mear nullities in law which obliege no man Yet I must inform you further in brief that Iohn Maior a Popish Schoolman in Lib. 4. Sentent as Grotius writes affirms That the people cannot deprive themselves of the power not onely of resisting but deposing Kings in cases which directly tend to their destruction and that Iohn Barclay a late Scottish Priest though a strenuous defendor of Princes Prerogatives expresly averres That if a King will alienate and subiect his Kingdom to another without his subiects â—onsents or be carried with atrâ—e hostile minde to the destâ—uction of all his people that his Kingdom is thereby actually lost and forfeited so as the people may not onely absolutely resist and disobey but depose him and elect another King to which Hugo Gortius a Protestant freely subscribes and Iohn Bodinâ—â— â—oweth of Subjects resistance yea deposing kings in some Kingdoms absolutely and in some cases generally in all De Repub. l. 1. c. 10. l. 1. c. 5 l. 5. c. 5. 6. For Protestant personall authorities we have Huldericus Zuinglius Explanatio Articuli 40 41 42 43. Tom. 1. fol. 82. to 86. who allows not only Subiects actuall resistance but deprivation of Kings Where Princes set themselves to subvert Religion Laws Liberties and that by the common consent of the States in Parliament from whom Kings originally receive their Royall power and authority Martin Luther Bugenhagius Iustus Ionas Ambsdorfius Spâ—lotinus Melancthon Cruciger and other Divines Lawyers Statesmen Anno 1531. who published a writing in justification of defensive Arms by subjects in certains cases Sleidan Hist. lib. 8. 18 22. David Chrytraeus Chron. Saxoniae l. 13. p. 376. Richardus Dinothus de Bello Civili Gallico Religionis causa suscepto p. 231. 232. 225 227 c. A book intituled De Iure Belli Belgici Hagae 1599. purposely justifying the lawfulnesse of the Low-countries defensive war Emanuel Meteranus Historia Belgica Praefat. lib. 1. to 17. David Parâ—us Com. in Rom. 13. Dub. 8. And. Quaest. Theolog. 61. Edward Grimston his Generall History of the Netherlands l. 5. to 17. passim Hugo Grotius de Iure Belli Pacis lib. 1. cap. 4. with sundry other forraign Protestant writers both in Germany France Bohemia the Netherlands and elsewhere Iohâ— Knokes his Appellation p. 28. to 31. George Bucanon De Iure Regni apud
it should please the King that Mounseur de Guyen because he is the most suffiâ—ient person of the realme shall goe to the same Tâ—eaty And the King said that he liked it well if it pleased the said Lord de Guyâ—n and thereupon Mounseur de Guyen said that he would with a very good will travell and doe any thing which might turne to the honour and profit of the King and of his realme In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the câ—stody of the Town and Castle of Calice the Towne of Risbanke the Castles of Hamures Marke Oye Stangate Bavelingham and of the Castle and Dominion of Guynes in Picardy to be made to Humfrey Dâ—ke of Glocester his unkle in the presence of the Lords spirituall and temporall then being in the present Parliament was on the 29 day of October read before them which being understood and maâ—ure deliberation taken thereupon the severall reasons of the said Lord being heard it was at last by their assent and consent agreed and ordered that the said Duke should have the custody of the said Towne Castles and premises to the end of nine yeeres then next ensuing which Charter was subscribed by all the Lords there present In the Parliament of 31 H. 6. Num. 41. procustodia Maris it was enacted For as much as the King considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea and others His Subjects using the Trade of Merchandises have been oftentimes grievously imprisoned distressed put to great sufferances and ransomes and their Ships Vessels and Merchandises of great value taken upon the Sea by his enemies and also Merchant strangers being under his leageance amity safegard or safe conduct upon the Sea have been robbed and spoyled against the forme and contents of such truces and safe conducts signed His Highnesse willing and intending sufficiently to proviâ—e for the remedy of such inconveniences and to eschew and avoyd all such 〈◊〉 and dispoylers HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament assâ—mbled deâ—iâ—ed certaine great Lords of this reâ—lme that is to say Richard Earle of Salisbury Iohn Earle of Shrewsbury Iohn Earle of Worcester Iames Earle of Wiltshire and Iohn Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of warre to intend with all diligence to their possibility the safeguard and keeping of the Sea For which cause the subsidies of Tonnage and Poundage granted to the King for his naturall life this Parliament that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY OF THE SAME were granted to the said Earles and Lord Sturton and the survivers of them for three whole yeeres with power for them to appoint Collectors to receive and collect them in every Port without rendering any account so as they kept the covenants and endentures made between the King and them for the safegard of the Seas with a proviso that this Act during the three yeeres should not be prejudiciall to the custome of the Towne or Castle of Calice or Rishbanke for the payment of the wages and arreares of the Souldiers there And over that if the goods of any of the Kings liege-people or any of his friends be found in any Vessell of the Kings enemies without any safe conduct that then the said Earles and the Lord Sturton shall take and depart it among them and their retinue without any impeachment according to the Statute thereupon made In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament in these words For as much as the Earles of Salisbury Shrewsbury and Worcester and the Lord Sturton besought the Kings Highnesse in this present Parliament that it might like his Highnes and Excellency of his Noble grace to have them clearely discharged of the keeping of the Sea the King therefore and for other causes moving his Highnesse BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of Iuly the 23 day of the same Parliament admitted their desire and would that the said Earles and Lord Sturton or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding and ended at Westminster be 〈◊〉 the 30 day of July fully discharged of the keeping of the same and that IT SHOULD BEENA CTED OF RECORD In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY THEREOF ordained and established that his dearest cosin Richard Duke of Yorke rightfull heire to the Countries of England and France and of the Lordship and Land of Ireland have and take upon him the power and labour to ride into the parts of England and Wales where great rebellions murders riots spoylings executions and oppressions be used committed and attempted to represse subdue and appease them And also to resist the enemies of France and Scotland within the realme And further granted ordained and established by the said advice and authority that every Sheriffe with the power and might of his Sheriwicke and every Major Bailiffe Officer Minister and Subject of the said realme of England and of Wales shall attend upon his said cousin for the said intent as the case shall require and to the same intent be ready at the command of his said cousin and the same obey and performe in like case as they ought to doe at his commandement after the course of the Lawes of England and in Wales after the customâ—s there c. And to cite no more presidents in so cleare a case in the Parliament of 21 Iacobi ch 33. The Temporalty having granted three intire Subsidies and three Fifteenes and tenths to King Iames towards the maintenance of the warres that might then suddenly insue upon the breach with Spaine and more particularly for the defence of the realme of England the securing of Ireland the assurance of the states of the united Provinces with the Kings friends and allies and for the setâ—ing forth of the Navy-royall did by that Act for the better disbursing of the said 〈◊〉 and mannaging that warre according to the Parliaments true intention by that very Act wherein they gave the Subsidies did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys and appointed ten Lords and Knights particularly named in the Act to be of the Kinge Councell for the warre by whose warrant under five of their hands at least all the moneys they granted were to be issued and exported for and towards the uses expressed in the Act to such
the sinne was in this that they did by secession which was to be done in the Assembly and did a just and lawfull thing unjustly Frequent examples of this thing occurre in other Kingdomes he instanceth in Tarquin the proud expelled by Brutus and Lucretius who confiscated his goods and would have publikely sentenced himselfe had they apprehended his person because he consulted not with the Senate as former Kings usually did because he made warre peace and truces at his pleasure without the Senates and peoples advice violated the Lawes which he should observe and neglected the covenant established betweene the King and people in Nero the Emperour publikely sentenced by the Senate Vitellius Maximinus and the speech of Tâ—â—jan forecited Likewise the French by authority of a publike Councell through the care of the Kingdomes officers expelled Childericke the first Sigibert Theodoricke Childericke the third from the Crowne for their tyranny and set up others of another stocke in their places Yea for sloathfulnesse negligence madnesse as also for injuries to Forrainers and yeelding to the impotencie or lust of flatterers or women they have deposed some and as it were taken away the reines from Phaeton lest all men should be burnt with the same fire as Theodoricke for Ebroines sake Dagobert of Plectrude and Theobald his Mignions with others reputing it to be all one whether a woman or an effeminate Prince reigned or whether a tyrant or petite tyrants under a sloathfull Prince domineered or finally whether he himselfe were a Devill or possessed by the Devill himselfe Thus not long since they compelled Lewes the eleventh a most imperious Prince to receive 36. Governours by whose counsell he was bound to governe the Republike Yea what other right had either the Carlingi adopted into the Kingdome in place of the Meruingi or the Capeâ—s who at this day hold it preferred before the Carlingi by the Decree of a publike Councell but from the people represented as it were in an Epitome by the Councell of the Realme which they call an Assembly of the three Estates who might lawfully of right both depose those and by their owne authority establish these in the Throne In the same manner we read Adolphus deprived of the German Empire An. 1296. because corrupted with mony he had made war with France in favour of the English and Wenceslaus An. 1400. although these may be called not so well evill as lesse good Princes Thus in the Realme of England Edward the second for his tyranny to his Subjects especially the Nobles whom he destroyed without hearing their cause was at his Queenes request adjudged unworthy of his Crowne by the Parliament Not long since Christierne in Denmarke Ericus in Sweden Queene Mary very lately in Scotland were deprived which Histories worthy credit testfie hath beene frequently done in the Kingdome of Poland Hungary Spine Portugall Bohemia and the rest But what concerning the Pope himselfe The Cardinals they say because they have chosen him or if they doe not their duty the Patriarks who are Primates next after the Cardinals may against his will for certaine causes call a Councell and in it judge the Pope if he shall scandalize the Church by his notorious offences if he be incorrigible if reformation be necessary as well in the head as members if contrary to his Oath he will not assemble a Councell and the like and de facto we read that many Popes have beene deposed by authority of a Councell But if saith Baldus they be pertinaciously abused at first they must use words secondly herbes that is medicines lastly stones and where the truth of vertue sufficeth not there the defence of weapons ought to prevaile But and if by the suffrages almost of all learned men the Decrees of Councels and the Acts themselves done it be proved that a Councell as they speak may lawfully depose the Pope who yet boasts himselfe to be the King of Kings and claimes as much to be above the Emperour as the Sunne is above the Moone yea also arrogates to himselfe an authority of deposing Kings and Emperours at his pleasure who at last can doubt but that by the publike Councell of every Realme not onely a tyrant but a King pernicious to his Kingdome for his madnesse or folly may be deposed or removed Goe to now in this our politicke Ship the Master gluts himselfe with wine most of his assistants either asleepe or drunke with mutuall cups sportingly behold an imminent Rocke The Ship in the meane time either holds not that course which is expedient for the owner or seemes speedily to be wracked what thinkest thou is here to be done under the Master by one who is vigilant and sollicitous Shall he pull those by the eares who are asleepe or onely jogge them by the sides but in the meane time lest he should seeme to doe ought without their command shall he not afford his helpe and assistance to the indangered Ship Truly what madnesse or rather impiety will this be Seeing then as Plato saith tyranny is a certaine phrensie and drunkennesse the Prince may utterly subvert the Republike the most of the Nobles may collude connive or at least are fast asleepe the people who are Lords of the Republike by the fraud or negligence of these ministers which is their fault are reduced into greatest straights in the meane time there is one of the Nobles which considers the incroaching tyranny and detests it from his soule what thinkest thou is now to be done against him by this man Shall he onely admonish his Colleagues of their duty who themselves doe as much hurt as they may But besides as it is perillous to admonish and in that state of things it may be deemed a capitall crime shall he do like those who contemning other helps casting away their armes shall cite Lawes and make an Oration concerning justice among theeves in the midst of a wood but this truly is that w ch is coÌ„moly said to be madle with reason What then shall he grow deafe at the peoples groanes shall he be silent at the entrance of theeves or shall he finally grow lasie and put his hands into his bosome But if the Lawes appoint the punishment of a Traytor against one wearing buskins on his legs who counterfeits sicknesse for fear of the enemies with punishment at least shall we decree against him who either through malice or sloathfulnesse shall betray those whom he hath undertaken to protect But rather he shall command those things that are needfull to such as are wary by a Mariners shout he shall take care lest the Common-wealth receive any detriment and shall preserve the Kingdome even against the Kings will and resistance by which he himselfe becomes a King and shall cure the King himselfe as a frantick man by binding his hands and feet if he may not otherwise doe it For as we have said the universall government of the Realme is not committed by the people to the
1 Hen. 4. cap. 2 3 4. 8 Hen. â— 12 13. See Martae c. 1. â— Elez. cap. 1 3 21. Iac c. 28. And all Acts for restâ— tution in blood of persons attainted and Acts of repealing Statuâ—es Bracton lib. 1. cap. 2. a See Ashes Tables Error 65 66 67 68 69 70. b Bodin l. 1. c. 10. Summa Angelica Rosella Tit. Appellatio Lindwoâ—d lib. 2. de Appellationibus Fâ—X Acts and Monuments Vol. 1. p. 448 449. 452. 506. 24. H. 8. c. 12. All Papists and Protestants in their Controversies of the Popes Supremacy of general Councels c See Grafton p. 512 513. 161. Matthew Paris p. 954. Fox old Edition p. 508. d See Hoveden p. 724 725 e Matthew Paris p. 273. 274 275. f Matthew Paris p. 892. 925. 930. 948. 954 955. Grafton p. 188 189 Speed p. 687 688. 785. 786. Andrew Favine Theater of honour l. 2. c. 12. g Walsingham Hist. p. 514. Speed p. 647. 648 * See Andrew Favine his Theater of Honour l. 2. c. 12. Fabian the generall History of France with others in the Appendix * Censura Duaâ—di Nonii In Iosephi Teixerae libellum c. 76. to 83. de Vera Regum Portugal Genealogia c. 17. 18. * Munsteri Cosinogr l. 2. c. 20 21. Ioan. Mariana de Rege Regis Instit. l. 1. c. 3. 4. 5. Michael Ritius de Regilus Hispaniae and others i Pag. 9. * See Matthew Westm. Fabian Grafton Holin * Polychron l. 6 c. 18. Speed p. 399. See Grafton and Holinshed accordingly * Matthew Westminster Malmesbury Anno 1036. Holinshed l. 17. c. 13 p. 398. Speed p. 404. Huntingdon Walsingham Anno 1036. 1040. * Huntingdon l. 6. Polychron l. 6. c. 18. Speed p. 410. Matthew Westmin Anno. 1042 p. 415. k Hoveden Huntingdon Matthew Westm. Matthew Paris Walsingham Polychronicon Faâ—ian An. 1126. Speed p. 477. See Holinshed Grafton Stow Anno 1126. l Walsingham Ypod An. 1113 Matthew Westm. An. 1153. p. 42. Matâ—hew Paris p. 82 83 Speed p 497. Hoveden p 490. Huntingdon Hist. l. 8. p. 598. Fox Vol. 1. p. 261. m 25. E. Par. 2. in the Statuts at large * Cooke l. 8. The Princes caâ—e * 7. H. 4. c. 2 Hals Chronicle 1. H. 4. f. 10. 15. Fabian part 7. p. 376 Speed p. 763. * Fabian part 7 p. 373. n Hall Anno 38. 39 H. 6. f. 176. to 183. Fâ—biâ—n Anno 1441. p. 470. Grafton p. 643. to 648. Holinshed Stow Howes Anno 1440. 1441. o Historia Angliae p. 458. Parliamentum fuit convocatum in quo Parliamento ex assensuomnium Statuum idem Dux Defensor seu Protector Angliae fuerat nominatus ordinatus omniaque Regni officia beneficia ejus dispositionâ— sunt commissa p See Grafton p. 691 692. Speed p. 869. 878. 859 886. 1. E. 4. c. 1. 17. E 4. c. 7. q Speeds Hist. p. 928. 931 r Hals Chro. 1 H. 7. f. 855. s Grafton p. 856. t Sp. p. 1028. u 25 H. 8. c. 22 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H 8. c. 5. See Hall x 1 Mar. c. 1. Parliament 2. c. 1. 2. 1. Eli. c. 3 13 Eliz. c. 1. * See Cooks Institut Liulet f. 15 16. * 35 H. 8. c. 1. * 28 H. 8. c. 7. 35 H. 8. c. 1. y 1 Iac. c. 1. z 1 Mariae Parl. 2. c. 2. a 25 H 8. c. 19 21. 26 H. 8 c. 1 3. 27 H. 8. c. 10. 28 H. 8. c. p. 16. 32 H. 8. c. 22 24 29. 31 H. 8. c. 10 14. 33 H. 8. c. 29. 34 35 H. 8 c. 17 19. 35 H. 8 c. 1 3. 1 Eli. c. 1 1 E. 6. c. 2 1 Ma. c. 1. Parl. 2. c. 1. 8. El. c. 1. b Walsingham Hist. Angl. H. 5 p. 458. Speed p. 1108. 28 H. 8. c. 7 17. 1. E. 6. c. 11. Hals Chron. 1 H. 6. c Hist. Angl. p. 16 to 26. 31 to 33 42. 46 to 56. See Holin Grafton Stow Speed in the life of Edw. the fâ—rst Ypodig Neust. p. 72 to 96. d 1 Iac. â— e 35 H. 8. c. 1. * Blondus Decad 2. l. 2. Regin l. 2. An. 800. Bishop Bilson of Christian Subjection c. par 3. p. 423. * Zona Annal. Tom. 3. f. 126. Grimstons Imperiall hist. p. 303 * Censu in Ioseph Tei Libel c. 78. in Ioan. Pisterius hispan illust Tam. tom 2. p. 1250. * Iâ—â—d ca. 76. p. 1248. * See Marius Salamonius de principatu l. 1 2 3 6 p. 19 20 27 41 120 126. * See Fitz. Ash. Tab. Tit. Escheat * Eccles. 1. 7. * See Leges Edwardi Confes. c. 17. Bra. l. 3. c. 9. * See Par. 2. p. 48 to 65. * De Iure Belli l. 3. c. 15. f The true difference betweene Christian â—ubjection unchristian rebellion parâ— 3. p. 418. to 422. g See the generall history of France in his life Sabellicus Ennead 8. l. 8. p. 245. Nauclerus vol. 3. Gen. 26â— Blondus Decad. 1. l. 10. Aventinus l. 3. p. 293 to 300. Gaguinus l. 3. in Car. Mart. Herman Schedel Chron. Aetas 6. f. 185. 3 Godfredus Viâ—tâ—rbiensis Chro. pars 17. col 468. Regino l. 3. An. 887. H. Mutius Germ. Chr. l. 12. Grimstons Imperiall History p 404. 4 Eâ—â—griâ—â— Eccl. hist. l. 5. c. 11 1. 3 Zonaras Annal. Tom. 3 f. 150. 151. Eutropiuâ— l. 16. p. 211. * Nota. 5 Grimstons Imperiall History p. 581 582. Sententia Exaucterationis Depositionis Wencesâ—ai An. 1400. in Germ. Hist. Tom. 2. p. 180. 181. Iean Crespin Lâ—estate de Lesglise p. 465. 6 Aventine l. â— f. 293. Frâ—st g. 1. 3. c. 13. Naucl. vol. 3. Gen. 26. * Speeds Hist. p. 252. 253. 262. 364 365 See Matthew West Polychr Floren. Wigoâ— Holinshed Huntindon and others * Gauf eduâ— Moâ—u l 3. c. 20. Grafâ—â—n p. 67. 7 Grafton l. 1. 112. * Matth. Paris p. 270. * 40 E. 3. n. 7. 8. * Matthew West châ— 1245. p. 191 to 197 Walsing Ypodig p. 60 Matthew Paris p. 646. Here part 2. p. 13. * Conâ—r l. 11. contr 9. * Holinshed p. 1584. Cromptons Iurisdict of Courts f. 10. Object f 1 Eliz c. 1. g Lib. 1. c. 8. f. 5 6. l. 3. c. 3. f. 107. h L. 1. c. 5. 17. i 3 Ed. 3. 19. Corone 161. 22. E. 3. g. b Dyer 297. a. Stamso 253. a. k 22 E. 3. 3 b. l Bractoâ— l. 2. Answ. c. 16. f. 134. a. Fletal 1. c. 17. m Pareâ—â—uâ—em habere non debet nec multo fortius superiorem maxime in justitia exhibenda licet in justitia recipiâ—â—â—â— minime de regno suo compâ—â—etur lib. 3. c. 9. f 167. a. n See Bodius Common-wealth l. 2. c. 1. p. 192. the like of the Parliaments in France o See Madus renendi Parliamentum Camb. Brit. pag 177. Crompt Iuris of Courts f. 1. to 6. Sir Tho. Smiths Common-wealth l. 2. c. 2. 3. Hol. Descrip. of England c. 8 Cowel Minsh Tit. Parl. Mr. Hack
Kin. 11. 9 10 11 12 32 38 1 Sam. 15. 23 26 27 28 29 â—5 c. 16. 1. compared with Deut. 17. 16. to the end g 1 King 12. 30. c. 13. 33. 34. â— 14. 7. to 17. c. 15. to the end of c. 22. 2 King â— 1. to the end of c. 25. 2 Chro. 10. 10. to the end of c. 24. h Dr Ferne Sect. 2. p. 10 11 12. and elsewhere The necessitie of Christian Subiection Oxford 1643. Appeal to thy Conscience 1643. The Lords Anoinâ—ed Oxford 1643 with others Object 9. Answ. i Sixfold Comment on Rom. 13. Quest. 1. p. 578. k Antiqu. Iud. l. 18. c. 1. 2. * Rom. 12. 〈◊〉 * O siander Enchir. contâ— cap. 9. de Magist Polit. m Isay 32. 1 2. c. 49. 23. 1 Sa. 8. 20. Psa. 78. 72 73 74. n Paraeus Willet Soto and others o 1 Pet. 5. 8. p Lib. 3. c. 9. f. 107. q Elâ—ta l. 1. c. 17. r I say 14 4. to 2â— 1 king 1. 21 22. Psal. 5 â— 1. to 7. Psa. 7. 13. Psa. 94. 20. 21. 23 Psal. 140. â— to 13. s Psal. 140. 1. to 6. Prov 1. 16. Mich. 2. 1. 3. â— 3. 23. 1â— 3. t Rom. 1. 31. 32. 1 Tim. 5. 22 2 Iohn 10. 11. Rev. 1â— 4. u See Suetoâ—nius Eutropius Zonaras Grimston and others in their lives x See Seneca de Clem. l. 1. Hosea 13. 11. y Luâ—â—n de Bello Civili l. 8. p. 141. z See Fox Acts and Monuments throughout a Apolog. c. 5. and Seneca de vâ—ta beata c. 24. b See Fox Acts and Monument Eusebius Socrates Scholast Nicephorus Grimstâ—n in his life of Iulian the Apostate and others c Dan. 3. 5. to 25. Acts 4. 20. c. 5. 28 29. d See Exod. 16. 22. c. 34. â—1 2 King 10. 1. 1 Chron. 26. 32 Ezra 9. 2. c. 10. 14 Nâ—hâ—m 2. 16. c. 5. 17. c. 13. 11. Ezek. 23 6. Joh. 7. 48. c. 12. 42. Acts 4 5. 8 26. Quest. 2. a Doctor Ferne Appeale to thy conscience The necessity of subjection b Albericus Gentilis de Iu. Belli l. 3. c. 13. p. 309. c Alci l. 3. de V. s. l. 35. de pact d L. 7. de Don. l. 1. quae res p. 1. da. ob non pos l. 8. qui mo pi so l. 17. pro. Empâ— f Common-weale l. 2. c. 5. p. 221. g Suctonius Zonaras â—rimstâ—n Eutropius Sabelâ—icus Opâ—neerus and others in his life h Marius Salamonius de Principatu l. 6. p. 122. to 126. i Common-weale l. 2 c. 5. k Generall History of France p. 965. Object l Ad Sâ—apulam lib. p. 163. Objected by The necâ—ssity of Subjection and others Answ. m Rheâ—anâ— Annot. Iâ—â—d Quest. 3. n See Mich. 3. 1. to 5 Isay 3. 4 5. Ze ph 3 3. Ezech. 45. 8 9. o In Rom. 13. Col. 1266. Willet on Rom 13 quest 6. p. 583. p Sect. 2. q Griâ—stâ—n Suetâ—nius Eutâ—opius Zonaras Volaterranus Speed and others in his 〈◊〉 r As he doth Phil. 4. 22. Act. 25 v. 10 11 12. c. 26. 32. c. 28. 19. See Matth 22. 17. 21. Luk. 2. 1. c. 23. 2. Acts 11. 28. c. 17. 7. Quest. 4. s Doctor Ferne Sect. 2. 3 Appâ—ale to the Conscience p. 11. â—0 15. The necessitie of subjection Christus Dâ—i p. 11. 12. with others Answ. t Genâ— 1. 16. 18. 28. 29 â—0 Jer. 31. 35 36. Psael. 136. 8 â— u Gen. 3. 16. Exod. 20. 12. Ephes. 6. 1 2. 5 c. 5. 22. 24. Col. 3. 23. to 25. c. 4. 1 2. 1 Tim. 6. 1 2. 1 Pet. 2. 18. c. 3. 1 â— 2 3. y Iosephus Aâ—tiq Iud. l. 4. c. 8. Carolus Sigoâ—nius de Repub Hecraeorum l. 7. c. 5. z Aristot. Polyt l. 3. 5. Polib Hist. l. 6. Iust. in Hist. l. 1. Cassanaeus Catalog Gloriae Mundi pars 5. Consid. 1. Philochius Archilaâ—us de Somnio Viridarii c. 171. Fortescue c. 9. 13. 15. Mr. Seldens Titles of Honour part 1. c. 2 3 4 5. a Gen. 14. 1 Sam. 8. 5. Seldens Titles of Honour part 1. c. 1. 2. See the Appendix b Procop. Vand. l. 1. c Ammon l. 2. c. 2. l. 4. c. 25. Hugo Grotius de Iure Belli l. 1. c. 3. c. 58. 72. e See Part â— p. 51 to 76. Edâ—t 2 f Bracton l. 3. c. 9. Flâ—ta l. 1. c. 5. 17. See here p. â—5 part 1. p. 8â— g Psal. 86. 10 Deut. 32. 39. Isa. 37. 16. c. 44 6. 1 Cor. 8 4. Ephes. 4. 6. h 1 Tim. 6. â— 5 6. 15. Rom. 17. 14. c. 19. 16. Deut. 10. 17. i Deut. 17. 14. 15 16. 1 Sam. 8. 22. 2 â—am 7. 12. k 2 Sam. 23. 3 4. â— King 11 11. 38 2 Chro. 9 8. Prov. 31. 4 l 1 Tim. 2. 1 2. 1 Pet. 2. 13 14. Rom. 13. 1 to 7. T it 3. 1. Object Answ. m 2 Chro. 9. 8. Isa. 32. 2. c. 16. 5. l See Doctor Willet Paraeus and others on Rom. 13. * Apologeticus m Porphyr n Apud Cassiodoruâ— o Apostol constit 1. 7. c. 17. p Mat. 10. 29 30. Luk. 12. 6 7. q Psal. 105. 27. to 32. Psal. 145. 14 15 16. Psal. 17. 27 28. o Psa. 307. Psal. 92. 11 12â— Act. 12. 7 to 18. Heb. 1. 14. p Rom. 2. 1â— Acts 10 34. 1 Pet 1. 17. Deut. â—0 17. Iob 34. 19 20. 2 Chron 19. 7. Gal. 2. 6. Ephes. 69 Col. 3 25. q Quest. 4 〈◊〉 Rom. 13. p. 580. See Cassanâ—us Catalogus Glâ—riae Mundi pars 4. Consid. 1 to 8. * Archbishop Laud and Neal in the High Commission and Starcâ—amber r See Bellar. de Rom. Ponâ— Cassanaeus Catalog gloriae Mundi pars 4â— consid 7. * Fâ—xius de Rege c. p. 17. Grotius de iure Belli l. 1. c. 3. n. 10. s Explan Artic 42. t Delure Reg. apud Scotos v De Rege Regis Instit. l 1. c. 4. to 8. x Arist. Polit. l. 3. 5. Polyb. Hist. l. 6. Gen. Hist. of France Spain Hungary Bohemia England Grotius de iure Belli l. 1. c. 4. n. 7. Covaru Quaest. Illustr T 2. 396 n. â— 4. Vasquries Contr. Illustr 59. n. 8 6â— n. 22 100. n. 29. Hookers Eccles. Poâ—l 1. sec. 10. p. 69. 70 71. y See Scripture and reason pleaded for defensive Arms p 30 31 32. z Senâ—ca Grotius de Iure Belli l. 1. c. 4. sect 6. p. 84. a Eccles. 5. â— Quest. 5. b See Paraeus Willet Tollet Soto Marloraâ— and others on this Text. c Iudg 5. 2. 9. 1 Cor. â— 3. 12. 1 Cor. 9. 17. 1. Pet. 5. 2. Philem 14. 1 Chron. 29. â— 9 14. 1 Tim. â— 18. Exod. 35. 21 22. 29. 1 Chron. 28 9. Psal. 100. 3. d 2 Cor. 9. 7. e See c beso 2 cor 9. 13. 7. Rom. 12. 8. 11. g Levit. 19. 17. Mat. 14. 4. Psal. 139. 21. 22. Pâ—â— 29. 27. Ps. 11. 5. i See Tostatus Caietan Cornelius a Lapide Soto Estrus with most Popish Commentators Dr. Willâ—t on this Text Bellarm. de