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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	france_n	king_n	swear_v	2,584	5	8.7846	4	false

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

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

and strength of the kingdome in their hands which they insolently abused to the great hazard ●f the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we 〈…〉 King speake these things faithfully unto you in the presence of God and man and doe counsell beseech and adm●nish ●ou to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faith●ull and sworne children thereof To which the King in briefe answered That he could not suddainely put off h●● Councell and therefore prayed a short respite Nothing ●ad hither to preserved the King more Then that he could ●ithout griefe forgo● any favorities if he were nearely pressed the contrary quality whereof hath beene the cause of ●i●all desolation to so many Princes For though choyce of Counsellours ought to be free yet by common in●endment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love ●f a whole Nation rather then to relinquish or diminish a particular dependance for which the publique must not be ●azarded nor subverted The King therefore in this point not infortunate commands Bishop Peter from his Court to keepe residence at his Cure without once medling in State affaires removes all his evill Counsellors derives them of their Offices and puts good men in their places and commands all Poictovians and Foraine forces to de●art the Realme receives all his Nobles into favour restoring them to their lost Offices Lands Castles admits them 〈…〉 to his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And ●r Peter Rivales his Treasurer he was so vehemently inc●nsed against him for his ill Counsell that he sware 〈…〉 would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster 〈…〉 e King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye ●ake thus to him O ihou Traytor by thy wicked advise I was drawne to set my Seale to those treacherous Letters ●r the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Coun 〈…〉 ll I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy com 〈…〉 lices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which ●n●rprise I wasted my Treas●re and lost many worthy persons together with much of my Royall respect Therefore I 〈…〉 act of thee an account and thou shall be carryed to the Tower of London to deliberate till I am satisfied And 〈…〉 us were these civill warres and differences reconciled ill Counsellors removed enormities reformed De 〈…〉 nquents punished not without reducing store of coyne to the King and peace established in the King●ome Which History I have more largely recited because most of its passages are Paralell to the Kings 〈…〉 d his evill Counsellors present proccedings on the one hand and to the Parliaments in some sort on the o 〈…〉 er hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour of 〈…〉 ill Councellours and Cavalieres the just punishment of Delinquents all good Subjects joy and content●ent and the reestablishment of our peace in truth and righteousnesse To end the point proposed * Walsingh Hist● p. 84. 44. Ypod. Neust p. 101 Anno Dom. 1315. King Edward the second by his Writ summoned a Par 〈…〉 ment at London But many of the Lords refused to come pretending causes and impediments by which their ab 〈…〉 nce might well be excused and so this Parliament tooke no effect and nothing was done therein In this Parti 〈…〉 lar then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parlia●ent Fifthly Popish Parliaments Prelates Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes Liberties Charters Priviledges with their Seales Oathes Proclamations the Popes Buls Prelates Excommunications and to passe confirme or repeale Acts of Parliament against their wills Thus the Barons Prelates a●d Commons by open warre and Armes enforced both a Mat. Pa. An. 1214 1215. p. 240 to 256. Mat. West Walsingham Ypodig Neu. An. 1214 1215 Fabi. Caxton Hol. Graf Daniel in the life of K. John Hen. 3. Sp. Hist p. 578. to 637. King John and King Henry the third to confirme Magna Charta and Charta de Foresta both in and out of Parliament sundry times with their hands Seales Oathes Proclamations and their Bishops Excommunications taking ● solemne Oath one after another at Saint Edmonds upon the High Altar An. 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves fro● their Allegiance to him untill he should confirme to them by a Charter ratified with his Seale all things which th●● required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleev●● he would by reason of his double dealing they would forthwith by seizing on his Castles compell him to give satisfaction Which they accordingly performed as our Histories at large relate Yea when they had enforce● King b Matth. Par. p. 252. Sp. Holinsh accordingly John thus to ratifie these Charters for the better maintenance of them they elected 25. Barons ●● be the Conservators of their Priviledges who by the Kings appointment though much against his liking ● afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe thes● Charters Regem cogerent and would COMPELL THE KING if he should chance to repent to observe them All the rest of the Lords and Barons then likewise taking another Oath to obe● the commands of the 25. Barons After this c Matth. Paris An. 1258. p. 9. 940 941. Matth. West 1258. Sp. p. 635. Hol. Graft Dani. Polychron An. Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lord came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres a●● the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea Ports ●● be shut up and guarded The Parliament being begun the Lords propounded sundry Articles to the King which they had immutably resolved on to which they required his assent The chiefe points whereof we●● these That the King should firmely keepe and conserve the Charter and Liberties of England which King John ● Father made granted and ratified with an Oath and which himselfe had so often granted and sworne to maintai● inviolable and caused all the infringers ofit to be horribly excommunicated by all the Bishops of England in h● owne

presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be ma● their Chiefe Justice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honor of the King and kingdome To these their necessa●● Councels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not defis●● prosecute their purpose neither for losse of money or Lands nor love nor hare no nor yet for life or dea● of them or theirs till they had cleared England to which they and their forefathers were borne from up starts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely arme that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath a● his Sonne Prince Edward also that he would submit ●o their Councels and all those their Ordinances f●● feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Whi● done all the Peeres and Prelates tooke their Oath To be faithfull to this their Ordinance and made all wh● would abide in the Kingdome to sweare they would stand to the ●ryall of their Peeres the Arch-bishop● and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger Brother comming soone after into England to visit the King and his owne Lands the d Matth. Par. p. 952 953. Spe. p. 636. Barons enforce him according to his promise sent them in writing before his arrivall to take this Oath as soone as he la●ded in the Chapter-house at Canterbury Heare all men that I Richard Earle of Cornewall sweare upon ●● holy Gospels to be faithfull and forward to reforme with you the kingdome of England hithert● by the councell of wic●ed men so much deformed And I will be an effectuall coadjuto● to expell the Rebels and troublers of the Realme f●● out of the same This Oath will I observe under paine to for feit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their ●●risdictions to preserve themselves and the Kingdome from slavery and desolation whom Matthew Paris ●● continuer for this service stiles e History Angliae p. 95● Angliae Reipublicae Zelatores the Zelors of the English Republicke Neith● is this their example singular but backed with other presidents In the second and third yeares of King E●ward the second f Walsing ●p●digma Neust An. 1309 1310 Hist Ang. p. 70. to 77. S. p. 608. c. with Holin Stow. Graf How and others F●x Act. Mon. v●l ● Ed. ult p. 480 481. Piers Gaveston his great proud insolent covetous unworthy Favorite miscounselling a● seducing the young King from whom he had beene banished by his Father and swaying all things a●●● pleasure the Pe●res and Nobles of the Real●e seeing themselves contemned and that foraine upstart p●●fe●red before them all came to the King and humbly entreated him That he would manage the Affaires of ● Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from inc●●bent dangers the King Voce ●enus consented to them and at their instance summoned a Parliament at Lond●● to which he commanded all that ought to be present to repaire Where upon serious debate they earn●●ly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and ●o the Church of England The King imagining that they would order Piers to be banished a lo●● time denyed to grant their demand but at last at the importunate instance of them all he gave his assent a● swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Archbishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against all who should contradict these Articles which they caused to be openly read in Pauls Church London in the presence of the Prelates Lords and Commons of the whole Kingdome the King being present Among which Articles they demanded That Magna Charta with other provisions necessary to the Church and Realme should be observed that the King ●s his Father had commanded should thrust all Strangers out of his Court and kingdome and remove ill Councellours ●●om him That he would thenceforth order all the affaires of the Kingdome by the Counsell of the Clergie and Lords ●nd begin no warre nor depart any where out of the kingdome without common consent The King notwithstanding ●ll these things seemed hard and insupportable to him consented to the Articles and banished Piers into ●reland No * Note the credit of Princes Regall promises and Protestations sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations ●ogether with his owne Oath never to reduce Piers sends for him backe to his Court marryeth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe ●o retaine this Gaveston maugre all his Earles Barons and for the love of him to put his Crowne and life in ●erill when time should serve In which whither the King or his favourite shewed lesse discretion it is not ●t the first easily determined it being as unsafe for the one with so offensive behaviour to affect immoderate ●●ew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon ●he Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the ●arons message to the King by common consent That he should banish Piers from his company and observe the ●ffect of the foresaid Articles or else they would certainely rise up against him as a perjured person by a like vow which ●peech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring ●p if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third ●●me abjure the Realme with this proviso that if at any time afterward he were taken in England he should ●e forthwith put to death as a perilous enemy to the Kingdome yet he returning in Christmas to the King at Yorke the Lords spirituall and temporall to preserve the Liberties of the Church the Kingdome and remove this ●iper elected Thomas Earle of Lancaster for their Generall and sent honourable messengers to the King re●uesting him

●ll out for their advantage For the Duke of Ireland with the Kings privity such was his false dissim●●tion had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke ●ew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare A●ong the Dukes carriages was found as the devill or rather God would have it certaine Letters of the ●ings to the said Duke by which their Counsells were plainely discovered The Lords hereupon ●arch with speed up to London having an Army of forty thousand men the Lord Major and City doubt●ll whether to displease the King or Lords upon consultation receive the Lords into the City and sup●y their Army with provisions in the Suburbs Which the King hearing of seemed to slight them say●g * Note the perill and policy of protracting Let them lye here till they have spent all their goods and then they will returne poore and empty to their ●uses and then I shall speake with and judge them one after another The Lords hearing this were exceed●gly moved and sw●re They would never remove the●e till they had spoken with him face to face And ●rthwith sent some to guard the Thames lest the King should slip out of their hands and then sco●●e at ●em The King being then in the Tower and seeing himselfe every way encompassed sent a message ●● the Lords that he would treat with them who thereupon desired him That he would come the ne●●●y to Westminster where they would declare their desire to him The King replyed That he would not treat ●ith them at Westminster but in the Tower To which the Lords answered That it was a suspicious place ●●cause traines might there be laid for them and dangers prepared to destroy them Whereupon the King ●nt word They sh●uld send thither two hundred men or more to search and view all places lest any fraud should ●e hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to ●●m briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability ●d underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them ●gether with the French packe●s they had intercepted whereby it appeared he had secretly practised to flye with ●e Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the ●rowne of England held in those parts whereby his honour might diminish his strength decay and his fame ●erish The King seeing this knew no● what to doe especially because he knew himselfe notably ●e●ressed At last craving leave they left him confounded and shedding teares yet upon condition that ●e should come to Westminster the next day where he should heare more and trea●● of the necessary affaires of the Kingdome Which he promised to doe retaining the Earle of Darby to sup with him 〈…〉 before he went to bed O the ficklenesse of weake Princes and faithlessenesse of their royall words a 〈…〉 Protestations some whisperers telling him that it was not decent safe nor honorable for the King 〈…〉 goe thither he changed his resolution The Nobles hearing this were very sad and discontented a 〈…〉 thereupon sent him word That if he came not quickely according to appointment they would chuse them anoth 〈…〉 King who both would and should obey the Counsell of his Peeres The King strucke with this dart came t 〈…〉 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 T 〈…〉 tors whisperers flat terers evill instruments slanderours and unprositable persons should bee banished out of b 〈…〉 Court and company and others substs●uted in their places who both knew how and would serve him more honora 〈…〉 and faithfully Which when the King had granted though with sorrow they thought fit that Al 〈…〉 an●er Nevill Archbishop of Yorke John Fordham Bishop of Durham with sundry other Lords Knights a 〈…〉 Clergy men should be removed and kept in strait prison to answer such accusations as should bee object 〈…〉 against them the next Parlia Whereupon they were apprehended forthwith and removed from the Co 〈…〉 After the feast of Purification the Parliament much against the Kings will who would have shifted it 〈…〉 at that time began at London The first day of the Session Fulthorpe and all the rest of the Judges w 〈…〉 arrested as they sate in judgement on the Bench and most of them sent to the Tower for that having fi 〈…〉 overruled the Lords with their Counsels and direction which they assured them to be according to Law 〈…〉 afterward at Nottingham gave contrary judgement to what themselves had determined formerly Tresilian t 〈…〉 chiefe Justice prevented them by flight but being apprehended and brought backe to the Parliament 〈…〉 the forenoone had sentence to be drawne to Tiburne in the afternoone and there to have his Thro 〈…〉 cut which was done accordingly The King seeing these proceedings by advise of his ill Counsellors * Grafton p. 348 349. 150 151. absented himselfe from his Parliament and sent Michael de la Pole then Lord Chancellor to demand foure fifteenes in his name ●f the Commo 〈…〉 for that without lesse he could not maintaine his estate and outward warre To which the body of the Parliame 〈…〉 made answer that without the King were present they would make therein no answer and that unlesse the Ki 〈…〉 would remove him from his Chaneellorship they would no further meddle with any Act this Parliament Th 〈…〉 King upon this sent to the Commons that they should send to Eltham where he then lay 40. of the wis 〈…〉 and best learned of the Commons who in the name of the whole house should declare unto him their minde Up 〈…〉 which message the House were in more feare then before for there went a talke that the King intended 〈…〉 betray divers of them which followed not his minde either that way or at a banquet appointed to be made purpos●ly a● London if Nicholas Exton the Maior of London would have consented thereunto at which time t 〈…〉 Duke of Glocester should have beene taken Wherefore the Lords and Commons assembled together agree 〈…〉 with one assent that the Duke of Glocester and Bishop of Ely should in the name of the whole Parliament be se 〈…〉 to the King to Eltham which was done and the King well pleased that they should come When they cam 〈…〉 into his presence they most humbly saluted him and said Most high and redoubted Soveraigne Lord the Lor 〈…〉 and Commons of this your Parliament assembled with most humble subjection unto your most royall Majesty desi 〈…〉 your most gratious favour so that they may live in tranquillitie and peace under you to the pleasure of God a 〈…〉 wealth of the Realme On whose behalfe

in their Controversies of the Popes Supremacy of general Councels Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene c See Grafton p. 512 513. 161. Matthew Paris p. 954. Fox old Edition p. 508. King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors d See Hoveden p. 724 725 for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finall Judges of it Not to give you a●y instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our e Walsingham Hist p. 514. Speed p. 647 648. Kings Edward the first King John f Matthew Paris p. 273. 274 275. condemned to death by a Parliament in France by French Peeres for slaying his Nephew Arthur trecherously with his owne hands and likewise to lose the Crowne of England Henry the third and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip Nor yet to repeate the i pag. 5. forementioned precedents how the Lords and Commons when the Title to the Crowne hath beene in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by compe●itors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the * See Matthew Westm Fabian Grafton Holin Kingdom Lords and Commons then disposed of the Crowne in cases of minority want of He●res misgovernment and c●ntroversies ab●ut the Title to the Crowne * Polichron l. 6. c. 18. Speed p. 399. See Grafton and Holinshed accordingly Canutus after the death of King Edmond Anno 1017. claiming the whole Realme against Edmonds Brethren Sons referred his Title upon the agreement made between Edmond and him fo● this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of feal●y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmes●wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10●0 Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxfo●d who gave their voyces to Harold there present and presently proclaimed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying * Huntindon l. 6. Polychron l. 6. c. 18. Speed p. 410. Matthew West●n An. 1042. p. 415. Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harolds death enacted by Par●iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none o● the Danish blood should any more Reigne over them was elected King and declared ●ight Heire to the Crowne Anno 1126. k Hoveden Hun●ingdon Matthew Westminster Matthew Paris Walsingham Polychronic●n Fabian Anno 1126. Speed p. 477. See Ho●inshed Grafton Stow Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to fucceed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English Blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to ●er As much as in them lay after King Henries death if ●e dyed without issue male to establish ●er Queene ●f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyse●●us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres ●o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris ● 82 83. Speed p. 497. Hoveden p. 490. Hun●indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty ● Wal●ingford where by the advise of the Lords they made this accord That Stephen if he would should ●eaceably hold the kingdome during his life and that Hen●y should be his adopted Sonne and Successor enjoy ●he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should ●weare that Henry after the Kings death if he su●vived him should P●ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parl●ament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the Kingdome In the 8. and 25. E. 3. there was a m 25. E. 3. Parl 2. in the Statuts at large doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should in●erit lands in England The King to cleare all doubts and ambiguities in this case and to have the La● herein reduced to ce●tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliam●nt in the 25. yeare of his Raigne to delibera●● of this point who with one assent resolved That the Law of the Realme of England is and alwayes hath beene such that the children of the Kings ●● England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a special Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a * Cooke l. 7. The Princes case Parliament 11. E. 3. this

forced on the King Edward the second presumptuous an● TREASONOUS ORDINATIONS not onely to reforme the Kings house and Counsell and t● place and displace all great Officers at their pleasure but even claim a joynt interest in the Regiment of the Kingdome together with the King which William Inge a Judge of the Common Law with other like sticklers tray●erously perswaded them was according to Law which grosse slander of the Parliament House would have bee● capitall at least in former ages and may now indanger the heads of those who speake or write the sam● of the present Parliament Never did any of our Kings charge any Parliament with high Treason hither to much lesse indict or wage warre against the Parliaments as Traytors which questioned or depose● them for offences against the Kingdome Let none then dare affirme that the Houses of Parliament are or can be Traytors now for providing for their owne and the Kingdomes safety Fifthly That to conspire or levy warre against the Parliament or Kingdome to dissolve or destroy it or the Members of it is no lesse then High Treason as hath beene solemnely adjudged in Parliament 15 E. 2. in the Act entituled Exilium Hugonis le de Spenser in 11 Rich. 2. c. 2 3 4. and in the Parliament Roll Printed by Order of both Houses August 27. 1642. And before both these in k Lib. 14. sect 112. Stamf. l. 1. c. 2. f. 1. b. and Cromptons Ju●isdict f. 73. Glanvil who declares it to be Treason even at the Common Law Si quis machinatus fuerit vel aliquid fecerit in SEDITIONEM REGNI agreeable to l Instit l. ult Tit. 8. Vlpian and the m Tit. 3. Saxon Lawes which informe ●● of Treasons against the Common-wealth and Kingdome the case of n Cice●o Orat. in Catil Cateline and o Liv. hist l. 23. sect 17. others as well as against the King and to the Statute of 13 Eliz. c. ● which makes it High Treason for any person to stirr● up a●y Forainers or strangers with force to invade this Realme or Ireland And if it be no lesse then high Treason against the King to slay the Chancellour Treasurer or any of the Judges or Justice● of either Bench Eyer Assiz● or Oyer and Terminer being in their places doing their Offices though by the Kings command as is cleare by 25. E. 3. c. 2. and all our Law Bookes then much more must it be high Treason against the King and Kingdome to warre against the highest Court of Parliament or slay any member of it for doing thei● Offices and executing the Houses just Commands as I shall in due place more fully manifest In briefe the Gun powder plot in 3 Jacobi to blow up the Parliament House was then adjudged resolved by the Parliament * 3 Jac. c. 1 2. 4 5. in his Proclamations for apprehending those Traytors The proceedings against Traytors Spee hist p. 1248. to 1257. King and Judges to be high Treason not onely against the King but Parliamen● and Kingdome too and to blow up or assault the Parliament now in the Kings absence is question le●● high Treason both against the King Parliament and Kingdome Yea the statute of 28. H. 8. c. 7. declares those Who shall claime the Crowne even of right in any other manner then it limited by vertue and authority of that act after the Kings death with all their Counsellors and abettors to be deemed and adjudged HIG● TRAITORS TO THE REALME not the King and such their offence to be rep●ted HIGH TREASON and they for it to suffer such paines of death and forfeiture of Lands an● Goods as in any cases of high Treason is used And I read in * Par. 7. p. 186. Fabian that Eguiran chiefe Counsellor to Philip the third of France was judged to death and hanged on the Gibbet at Paris for Treason against King Philip and the REALME OF FRANCE as our powder Traytors were executed for high Treason against the King and Realme of England And by the Statutes of 5. R. 2. c. 6. II R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. S●a 2. c. 6. 1. Mariae c. 6. certaine offences are declared and made high treason and the committers of the● Trayters and enemies not onely to and against the King but likewise TO AND AGAINST TH● REALME and in particular the illegall indicting of some Lords to destroy them as guilty of High Treason for procuring a Commission in Parliament supposed prejudiciall to the King and his Crowne 10 R. 2. c. I. and the opposing and annulling of that Commission and of some Processe Judgements Executions made given and affirmed in some of those Parliaments raising forces and le●ying warre against the Parliament and Members of it to destroy them were then * See Walsingh Holinshed Fabian Grafton Stow Speed in 10. 11. R. 2. 21. R. 2. c. 12. adjudged High Treason both against the King and THE REALME though done by the Kings expresse Commission and command The reason is because the King in judgement of Law * See here p. 20 21. 22. is ever legally present in and with his Parliament when they sit as I have already proved where ever his person is and his royall legall will of which alone the Law takes notice is ever presumed to concurre with his greatest Councell the Parliament against whose Priviledges safety and protection he neither can nor ought by Law or right to attempt any thing and if any personall Commands or Commissions of the King under his great Seale to doe ought against Magna Charta the Subjects liberty safety property the Parliaments Priviledges the Common or Statute Lawes of the Realme all which expressely prohibit the levying of warre killing wounding murthering impris●ning disin●e●i●ing robbing or plundering of the Subjects without legall triall or conviction as d●e the Statutes of 2 R. 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers especially the Welshmen issue out to any person or persons whatsoever especially to raise forces on levie warre against the Parliament or Subjects they are meerely void in Law and will rather aggravate then extenuate the guilt of those who obey or execute them as is clearely resolved not onely by 42. Ass p. 5. 12. Brooke Commissions 15. 16. Cooke b. 5. f. 50. 51. l. 7. f. 36. 37. l. 8. f. 125. to 129. but likewise expressely adjudged and enacted by the Statutes of 15. E. 3. Stat. 1. c. 1. 3. 42. E. 3. c. 1. 3. 11. R. 2. c. 1. to 6. 21. Jac. c. 3. the Petition of Right 3. Caroli 28. E. 2. Artic super Chartas c. 2. 4. E. 3. c. 4. 5. E. 3. c. 2. 25. E. 3. c. 1. 15. 34. E. 3. c. 2. and generally byall Statutes concerning * See Rastals abridgement Tit. Purveyors Purveyors by the memorable old Statute of 25.

basenesse for so many and great Peeres to be subject to a woman and that they were free● of their oath by her marying out of the Realme without their consents and Stephen Earle of Mortain● who had no good Title assembling the Bishops and Peeres at London promising to them an amendment of the Lawes according to all their pleasures and liking was by them all proclamed king● whereupon they all to●ke their oathes of Allegiance to him conditionally to obey him as their king so long as he should p●es●rve the Churches Liberties and keepe all Covenants and confirme them with his Charter according to the old proverbe Quamdi● habebis me pro Senatore ●go te pro Imperatore All this the king at his Coronation swore and promised to God the people and Church to performe● And presently after going to Oxford he in pursuance of his oath there sealed his fore promised Charter of many indulg●u● favou●s the summe whereof was this That all Liberties Customes and Possessions granted to the Church should be firme and in force that all bad usages in the lan● touching Forrests exactions and annuall Taxes which his Ancestors usually received should be● e●●rnally abolished the ancient Lawes restored prefacing therein d Assensa Cleri Populi in Reg ●e Angliaeelectus M●lm p. 179. That he obtained the Crown● by election onely Haec ●●tem special●ter ali●●ulta generaliter se servatur●m juravit sed nihil ●onum quae Deo promiser●t observavit writes Mathew Paris Hovenden and Huntingdon Pene omni● perperam mutavit quisi ad hoc tan●um jur●ss●● ●t praevaricatorem Sacramenti se regno toti ostenderet saith Ma●mes●ury * See Speed p. 483. 484. granting those in●●●●●ties rather to blind their eyes than with any purpose to man●cle his o●ne hands with such pa●chment chaines Such faith is to be given to the so●emnest Oathes of kings But this his perj●ry was like to cost him his Crowne his Prelates and Peeres thereupon revolting unto Maude The forme of King Henry the second his Oath I finde not onely I read e Hoveden p. 491. Graft p. 50. that upon his ●oronarion he caused the Lawes t● be reformed by advise of disc●eet men learned in the Law and by his Proclamation commanded that the good Lawes of his grand father Henry should be observed and firmely kept throughout the Realme Whe ●●ore it is probable he tooke the same oath that he did f Mat. Par. p 147. Hoved. p. 657 Wa●si● ●podigma Neustr An. 1189. p. 45. 46. Speed ● ●●● Richard the first succeeding at his Coronation in Westminster Church comming to the High Altar before the Clergie and people tooke this solemne oath upon the Holy Evangelists and many Saints reliques 1. That all the day●s of his li●e he would beare peace honour and reverence to God and h●ly Church and the ordinances thereof Secondly that to the people committed to his charge he would exercise Right Justice and E●uiti● Thirdly that he would abolish naughty Lawes and Customes if any were brought upon his kingdome and would enact good Lawes and the same in good sort keepe and without Mal-engy● Which oath most solemnely taken Baldwin Archbishop of Canterbury standing at the Altar forbad him in the name of Almighty God to assume that ●●n●●r VNLESSE HE HAD ● FVLL PVRPOSE TO KEEPE WHAT HE HAD SWORNE Whereunto Richard ASSENTING and promisi●g by Gods helpe to performe all the premises WITH●VT FRAVD With his owne hand humbly taking ●he Imperiall Crowne from the Altar delivered it to the Archbishop who set it on his head g Hoveden p. 793. Mat. Par. p. 189. 190. Speed p. 548. 549 550. See Polydore Virgil Holins King Richard deceasing John his younger Brother to put by Arthur the next heire to the Crowne came ●eedily out of Normandy into England where the great assembly at Northamp●on to preserve their ●ights and Liberties were content to accept of him for their king and yeeld fealty to him to keepe ●ith and Peace to King John upon condition onely if he would restore to every of them their Rights which ●fterwards was the occasion of great dissentions And-comming to London to be crowned Hubert ●rchbishop of Canterbury the Pillar of the Common-wealths stabilitie ●nd incomparable for deepe ●aching wisedome steps forth in the midst of all the Bishops Lords Barons and others there as●mbled at his Coronation and spake thus unto them Heare you all you are in discretion to know ●at no man hath right or any other fore-title to succeede another in a kingdome * A strange Archiepiscopall Doctrin unlesse first with invo●tion for grace and guidance of Gods Spirit he b● BY THE BODY OF THE KINGDOME THEREVNTO CHOSEN and ●e indeede some choyce man and picked out for some ●menencie of ●is vertues according to the example and similitude of Saul the first annointed Ki●g whom God set over ●is people though neither the Sonne of a King nor of any royall discent So after him likewise David ●e son of I●sse the one for bei●g valorous and a person fitting Royall dignity the other for being holy and ●●ble minded To shew that whosoever in a kingdome excelleth all in valour and vertue ought to sur●ount all in Rule and Authority yet so as that if any of the Of spring of a deceased King surp●sseth o●ers it is fit joyntly to consent in election of such a one This therefore we have spoken in favour of eminent ●arle John who is present the brother of our most illustrious King Richard ●ow dece●sed wanting ●● heire of his body who being provident valiant and truely noble we havi●g invocated the grace of the ●oly Spirit have all unanimo●sly ELECTED as well in regard of his Merits as of his royal Blood Neither durst any doubt or demurre on these things knowing that the Archbishop had not thus de●ned without cause Wherefore Earle John and all men approving this speech they ELECTED ●nd ASSVMFD the Earle for their king and cryed out saying Let the King live But the Arch●ishop being afterwards demaunded why he had spoken these things answered that he was assured ●● some divining foresight that king John would worke the ruine of the kingdome corrupt the Crowne ●nd precipitate it into great confusion And that he might not have the reines free to doe this he OVGHT TO BE CHOSEN BY ELECTION NO● BY SUCCESSION King John at this ●is Coronation was involved in a threefold Oath namely That he should love holy Church and its Mi●isters and preserve it harmelesse from the in●ursion of Malignants That abolishing perverse Lawes be ●ould substitute good ones and exercise Right Iudgement in the Kingdome of England After which he ●as adjured by the Archbishop in the behalfe of God and strictly prohibited not to presume to accept this ●onour unlesse he fully purposed in his minde actually to fulfill what he had sworne To which he answe●ng promised that by Gods assistance he would bona ●ide keepe those things which he