Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	lord_n	richard_n	3,140	5	8.4338	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

Kings eldest sonne was created Duke of Cornwall by Parliament which then also entailed the Dutchy of Cornwall upon the eldest sonnes of the Kings of England See 21 R. 2. c. 9. * 7. H. 4. c. 2. Hals Chronicle 1. H. 4. f. 10. 15. Fabian par● 7. p. 376. Speed p. 763. King Henry the fourth the ●et●er to assure the inheritance of the Crownes and Realmes of England and France to him and his posterity caused them by a speciall Act of Parliament in the first yeare o● his raigne to be entailed and setled on himselfe and the heires of his body begotten and Prince Henry hi● eldest sonne to be established pronounced ordained and decreed heire apparant to him and to succeed hi● in the said Crownes and Realmes to have them with their appurtenances after the Kings death to him an● the heires of his body begotten And if he should die without heire of his body begotten then to remaine to th● Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lor● Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for t●● avoyding for all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and ●e plenteously served of all things necess●ry both for viande and apparell and if any persons should presume to reare warre or congregate a multitude ●o deliver him out of prison that then he should be the first that should die ●or that sedi●ious comm●tion Which King Richard as * Fabian part 7. p. 373. Sir John B●got by his Bill exhibited to this Parliament averred h●● divers times at sundry Parliaments in his time holden said that he would have his intent and pleasur● concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde b● would by one meanes or other bring him out of his life And further said to him at Lichfield in the one ●● twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons ha●● him in ●s great awe and dread as ever they had of any his Progenitors so that it might be chronicled of him that none passed him of honour and dignity with condition that he were deposed and put ●●rom his said dignity the next morrow after So wilfull was he as to preferre his will before his Crowne or safety n Hall An. 38. 39. H. 6. f. 176. to 183. Fabian An●o 1441. p. 470. Grafton p. 643. to 648. Holins Stow Howes An. 1440 144● In the yeares 1440. and 1441. Edward Duke of Yorke came into the Parliament House an● there in a large Oration laid claime and set forth his Title to the Crowne of England which King He●ry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene the● both ●ides submitting to their resolution as the proper Judges of this weighty royall controversie After lon● debate and consideration of the case among the Peers Prelates and Commons of the Realme it w●● finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yea●● and more that he sh●uld enjoy the name and title of King and ●ave p●ssessi●n of the Realme during his n●turall life And if he either died or resigned or FOR FAITED THE SAME for breaking ●● part of this concord then t●e said Crowne and authority royall should immediately descend to the Duke ●● Yorke King Edward the 4. his Father if he then live● ●r else to the next heire of his line And that the s● Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the Ki●● did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the de●● of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke T● TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed ● swore to and then caused them to be enacted Loe here we have these two Kings submiting their Titles ● the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraig● Judge betwene them who settled the Crowne in this order under paine of ●orfeiting it by Ki●● Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in ●● full age as o Historia Angliae p. 458. Parliamentum fuit c●nv●catum in qu● Parliamento ex assensu omnium Statuum idem Dux Defensor seu Protector Angliae fuera● nomina●us ordina●us omniaque Regni off●cia beneficia ejus dispositioni sunt commissa Walsing●am informes us a Parliament c●nstituted Duke Humsry to be protector of hi● and h●s Kingdome of England and the Duke of Bedford to ●e Regent of France during his minority wh● exercised all regall power by vertue of that authority which the Parliament derived to them A●● this in these two Kings reignes p See Grafton p. 691. 692. Speed p. 869. 878. 859. 886. 1. E. 4. c. 1. 17. E. 4. c. 7. the Crown and its descent were variously setled by Parliament as I ha●● formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it ●● akered or reversed by another Parliament King q Speeds Hist p. 928. 931 Richard the third comming to the Crown by usurp●tion to strengthen his Title procured the Lords and Commons to passe an Act of Parliament where in th● declare him to be their lawfull King both by election and fuccession entaile the Crowne upon him and the hei●● ●f his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in ●he royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teach●th that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled ●n Parliament and by the Authority of the ●ame makes before all other things most faith and certainty and ●uieting of mens mindes removeth the occasion of all doubts and seditious language r Halls Chro. 1 H. 7. f. 855. Henry the seventh af●erwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to set●le the inheritance of ●he Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace ●f God so to endure and on none

good Subjects as the Cavaliers doe 〈…〉 w and to take from them their victuals at their pleasure paying little or nothing for them and to ravish their 〈…〉 ves and daughters And if any man persumed to complaine to the King of them he was soone rid out of 〈…〉 way no man knew why nor by whom so that in effect they did what they listed In this Parliament 〈…〉 King having made the Speaker and a great part of mercinary proud ambitious men of the Commons 〈…〉 use to be of his side to act what he required them he then prevayled likewise with the upper house 〈…〉 with the Prelates then with the Lords more out of feare of him then any reason by meanes where 〈…〉 the Commission Charters of pardon and Acts made in Parliament in the 10. and 11. yeare of his raigne 〈…〉 re quite revoked and declared voyd in Law as being done without authoritie and against the will and 〈…〉 ertie of the King and of his Crowne And withall they declared the Judges opinions for which they were 〈…〉 demned in that Parliament to be good and lawfull and attainted the said imprisoned Lords of high 〈…〉 eason and confiscated their lands The two Earles hereupon were beheaded and the Duke by reason 〈…〉 is p●pulat●tie smothered onely for their former actions which done the King adjourned the Par 〈…〉 ent to Shrew●bury where he subrilly procured an o 21. R. c. 12. Act to passe by common consent that t●e power 〈…〉 he Parliament should remaine in seven or eight persons who after the Parliament dissolved should deter 〈…〉 e certaine petitions delivered that Parliament and not dispatched By colour whereof Those Commit 〈…〉 proceeded to other things generally touching the Parliament and that by the Kings app 〈…〉 ment in derogatien p 21. R. 2. c. 16. Walsing Hist Aug. Ann● 1398. p 394 〈…〉 he state of the Parliament the dis●ommodity and pernicious example of the whole Realme And by colour 〈…〉 Authority hereof the King caused the Parliament Rols to be altered and defaced against the effect of the 〈…〉 said grant After which he much vexed and oppressed his people with divers forced Loanes Oathes 〈…〉 positions and oppressing Projects to raise money seeking to trample them under his feet and 〈…〉 roy the Realme and tooke all the Jewels of the Crowne with him into Ireland without the Kingdomes 〈…〉 sent Which rendered him so odious to his people that Henry Duke of Lancaster landing in England the whole kingdome came flocking to his ayde so that he had an Army of 60000. men in a short time who v 〈…〉 ed to prosecute the Kings ill Counsellours Whereupon King Richard returning out of Ireland hearing 〈…〉 the Dukes great Army assembled against him and knowing that they would rather dye then yeeld 〈…〉 of their hatred and seare of him he dismissed his Courtiers hiding obscurely in corners till he was a 〈…〉 prehended and by a Parliament summoned in his name though against his will judicially deposed 〈…〉 his misgovernment Among which Articles of his misgovernment for which he was judicially dethroned these are rema 〈…〉 able First * Graft p. 400 401 402 c. That he was●fully spent the Treasure of the Realme and had given the possessio●s of the Crow 〈…〉 to men unworthy by reason whereof daily new charges more and more were laid on the neckes of the poore C 〈…〉 monalty And when divers Lords were appointed by the High Court of Parliament to commune and t 〈…〉 of divers matters concerning the Common-wealth of the same which being busie about those Commissions he 〈…〉 other of his affinity went about to impeach them of high Treason and by force and threatning compelled 〈…〉 Justices of the Realme at Shrewesbury to condescend to his opinion for the destruction of the said Lords 〈…〉 somuch that he began to raise warre against John Duke of Lancaster Thomas Earle of Arundell Rich 〈…〉 Earle of Warwicke and other Lords contrary to his honour and promise Item He assembled certaine Lancashire and Cheshire men to the intent to make warre on the fores 〈…〉 Lords and suffered them to rob and pillage without correction or reproofe Item Although the King flatteringly and with great dissimulation made Proclamation throughout 〈…〉 Realme that the Lords before named were not attached for any crime of Treason but onely for extortions 〈…〉 oppressions done in the Realme yet be laid to them in the Parliament rebellion and manifest Treason Item He hath compelled divers of the said Lords servants and friends by menace and extreame paines 〈…〉 make great sines to their utter undoing And notwithstanding his pardon to them granted yet he made the fine of new Item That he put out divers * Note Sheriffes lawfully elected and put in their roomes divers of his owne Mi 〈…〉 on s subverting the Law contrary to his Oath and Honour Item For to serve his purpose he would suffer the Sheriffes of the Shire to remaine above one yeare or two Item He borrowed great summes of money and bound him under his Letters Patents for repayment of the sa 〈…〉 and yet not one penny paid Item He taxed men at the will of him and his unhappy Councell and the same Treasure spent in folly not pay 〈…〉 poore men for their victuall and viand Item He said That the Lawes of the Realme were in his head and sometime in his brest by reason of wh 〈…〉 phantasticall opinion he destroyed Noble men and impoverished the Commons Item The Parliament setling and enacting divers notable Statutes for the profit and advancement of the Co 〈…〉 monwealth he by his private friends and solicitors caused to be enacted * Such a kinde of proviso was endevoured to beadded to the Petition of Right 3 Caroli That no Act then enacted should 〈…〉 more prejudiciall to him then it was to any of his Predecessors though with proviso he did often as he listed 〈…〉 not as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Jew 〈…〉 without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carryed the Jewels Plate and Treasure of the kingdome o 〈…〉 the Sea in to Ireland to the great impoverishing of the Realme And all the good Records for the Comm 〈…〉 wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Justices were sworne to say the truth of divers things to them committed in cha 〈…〉 both for the honour of the Realme and profit of the King the said King so menaced them with sore threatning 〈…〉 that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Prin 〈…〉 hands and at his disposing Item He craf●ily devised certaine privy Oathes contrary to the Law and caused divers of his

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

470. Hall f. 176. to 183. Hov●den Annal. pars posterior p. 702. 703. 705. 706. Parliament which may in these cases make any publike Acts without the kings personall ●resence or assent and the assent of the Regent or Protector usually created by them shall as firmely ●inde the king as if he had personally consented as is evident by all the Acts of Parliament passed ●uring the Minority of h Acts and Monuments Old Edition p. 705. See Holinshead Speed Grafton in their lives Henry the 3. who was but 9. yeares old Edward the 3. who was but 1● Richard the 2. who was but 11. yeares old Henry the 6. who was not 9. moneths old Edward the 5. ●ut 12. yeares Henry the 8. not 18. yeares Edward the 6. but 9. yeares of age when they began thei●●aignes and so uncapable of giving any personall consent to Lawes by themselves of which they could not Iudge but by their Protectors and by all Acts made in the absence of King i See Hoveden Annal pars posterior ● 702. 703. 705. 706. Richard the ● Edward the 1. 2. 3. 4. Henry the 3. 2 3 4 5 6 and others out of the Realme all good as ap●eares by 28. H. 8. c. 17. which altered and 33. H. 8 c. 22. which declareth the Law in these particu●ars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-●iver not the king Eightly the king hath little or no hand in making but onely in assenting to Lawes when they are made by the Houses as the usuall forme of passing Acts Le Roy ●e veult The King wills or ●ssents ●o it not before but after they have passed both Houses imports which assent of his if the Bills ●e publike and necessary for the Common good is not meerely arbitrary at the kings will but the king by oath and duty is bound to give it and the Lords and Commons may in justice demand it of meere right as I shall shew anon His Royall assent then though it be the last act which compleats Acts and makes them Lawes yet since it is but an assent to a Law formerly made by both Houses which he cannot alter in any point yea an assent which the king in honour Law justice duty by ●ertue of his ●oronation Oath is bound to give as appeares by the Prefaces of most statutes the sta●ute of Provisours 25. E. 3. Parl. 6. 20. E. 3. and other Acts is so farre from proving the king the Supreme power and Lawgiver that it manifests the contrary that this power principally resides in ●oth the Houses not the king Ninthly this is apparant by those Coronation Oathes which Parliaments and the kingdome in * See Edward ●he ●onfessors Lawes c. 17. in La●bard and Fox king Edwards dayes even before the Co●quest have anciently prescribed to our kings before they would accept of them for their Soveraignes of which I shall give you a short account a Math. Westm An. 1088. Eadmer●s Hist l. 1. p. 13. 14. Ma●●aris Hist p. 12. 13. Speed Hist p. 456. Graften p. 21. 22. Malmes●ury l. 4. p. 119. 120. After the death ●f William the Conquerour William Rufus his younger sonne in the absence of Robert the elder bro●her hastens into England to obtaine the Crowne and finding the greatest part of the Nobles against him he gave his solemne Oath and faith to Lanfran●e Archbishop of Canterb●ry his Tutor that ●f they would make choise of him for their king he would abrogate the over-hard Lawes of his father and ●romise to observe justice equitie and mercy throughout the kingdome in every businesse and defend the ●eace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions ●olentibus omnibus Provincialium animis by the voluntary consent and voyces of all he was chosen k Sir Thomas Smiths Common wealth of England l. 2. c. 2. 3. Cromptons Iurisdiction f. 7. ● Iohn Vo●el Chronicles of Ireland f. 122. to 130. M. Hackwels Manner of passing Bils Sect. 8. and crowned king Which promise and Oath he soone after breaking saying Who is it that can ●●●●ill all his promises Many of the Nobles levyed warre against him adopting Robert his elder Brother king b Mat. Pa●●s p. 52. 53. ●4 Eadmerus Hist l. 2 p. 55. Wil. Masmes ● 5. p. 1●6 H. ●untin l. 7. p. 378. Roger Hoveden Annal p●●s 1. p. 4●8 Polych ●● c. 11. F●bian part 7. c. 226. p. 318 Graft p. 32. Speed p. 466. 467. William Rufus dying Henry the 1. his younger brother in the life of Robert the right heire assembling all the Glergie and people together to London to procure their favour and love to chuse him for their king and Patron he promised the reformation of those Lawes by which England had beene oppressed in the raignes of his Father and Brother To which the Clergie and Nobles answered that if he would with a willing minde reforme those rigorous Lawes remit the Taxes imposed upon the Subjects and by his Charter confirme those ancient Lawes and customes which flourished in the kingdome in the time of Holy king Edward they would unanimously consent to him and consecrate him for their king Which he willingly assenting to and affirming with an oath that he would performe he was by the assent both of Clergie and people consecrated king at Westminster promising by oath to confirme king Edwards Lawes and renounce all oppression in pursuance whereof as soone as he was created he by his Chartar confirmed and reformed divers Lawes for the ease and benefit of his Subjects recorded at large by Matthew Paris Speed and othe●s The beginning of this Charter is observable Henry by the Grace of God of England c. Know ye that by the mercy of God and COMMON COVNSEL of the Barons of the kingdome of England I am crowne● king And because the kingdome was oppressed with unjust exactions ● out of respect to God and the love I beare towards you all make the Church of God free c. and all the evill custome● wherewith the kingdome of England was unjustly oppressed I take from thence which evill customes I here in part set downe And in the end of his Charter he confirmed and restored to them king E●wards Lawes with those amendments of them which his father made by the consent of hi● Barons After which those Lawes of his were published through all England and Ranulph Bishop of Durham banished the Court and committed to the Tower for his oppression bribery and othe● crimes Henry deceasing c Mat. Par Hist p. 73. Mal●es Novellae Hist l. 1. p. 178. 179. 180 Henry Hunti l. 8 p. 386 387. Hoveden p. 481 482. Mat. West A●. ●● 36 p 35. Speed p. 483. 484. Graf p ●1 42 Maude the Empresse his right heire to whom the Prelates and Noble● had sworne fealty in her fathers life time was put by the Crowne by the Prelates and Barrons wh● thought it

a Seneca de Cleme●●●a l. 1. as may winne their hearts and affections and not to straine their pretended Prerogatives beyond the bounds of Law this being a most certaine experimented rule which b Polit. l. 5. c. 10 11. p 367 368 See Polybius Hist l. 6. Aristotle the Prince of Politicians gives That there are two intestine causes most perilous and frequent of all others by which a kingdome is usually lost and subverted The first is if the Nobles and people dissent from the King himselfe The second if Kings will Reigne tyrannically and usurpe a greater domination or prerogative then the Lawes of their kingdomes give them Then he addes Verily a kingdome is preserved by contrary remedies specially by a moderate kinde and temperate forme of Government For by how much the c Deut. 17. 19 20. See Prov. 16. 12. c. 20. 28 c. 29. 4. 14. c. 25. 5. more moderate the King shall be and contented with smaller and fewer prerogatives by so much the more constant and longer-lasting shall his kingdome necessarily be For by this meanes it recedes farther from the domination of Tyrants and it comes nearer to the equability of manners and humanity of life and is lesse envyed by their Subjects which he proves by the notable speech and example of King Theopompus And indeed this is the principall policy which God himselfe hath prescribed a King to prolong his dayes in his kingdome he and his children after him to keepe all the words of this Law and those Statutes to doe them that ●s to governe himselfe and his Subjects onely by Law not power to doe justice and judgement avoid oppression and not to liftup his heart above his brethren as if they were his vassals and no● men or Christians of the same kinde and quality as himselfe is Wherefore I shall close up this with old Bractons resolution d Lib. 3. c. 9. f. 107. Fleta lib. 1. c. 17. Potestas itaque Regis juris est non injuriae Exercere igitur debet Rex potestatem Juris ●icut Dei vicarius Minister in terra quia illa potestas SOLIUS Dei est potestas autem injuriae Diaboli non Dei cujus horum operum fecerit Rex ejus Minister erit cujus opera fecerit Igitur dum facit justitiam vicarius est Regis aeterni minister autem Diaboli dum declinat ad injuriam * See Leges Edwardi Confessoris cap. 17. in Lambards Archaion f. 130. accordingly Dicitur enim Rex a bene regendo non a regnando quia Rex est dum bene regit Tyrannus dum populum sibi creditum violenta opprimit dominatione Temperet igitur potentiam suam per legem quae fraenum est potentiae quod secundum leges viva● quia hoc sanxit Lex humana quod leges suum ligent latore● alibi in eadem digna ●ox Majestate regnan●●s est legibus alligatum se Principem profiteri Item nihil t●m proprium est imperii quam legibus vivere Et majus imperio est legibus submittere Principatum merito debet retribuere legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Item cum non semper oporteat Regem esse arma●um armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. to 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need ●eare this Supreame Prerogative Power of Parliaments which hath ●aine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists e See p 2 3. the Authours there quoted Bishop Jewels View of a seditious Bull and of the Popes Supremacy Cassanaeus Catagloria mundi part 4. attribute farre more divine authority and Soveraigne Jurisdiction over Emperours Kings Princes Kingdomes Subjects to the Pope their Lord and God whom they make the Supreame Monarch of the World and all kingdomes in it and give him greater Authority to summon ratify and dissolve generall Councels then ever any Christian King or Emperour challenged or usurped yet those who maintaine these Paradoxes of the Popes Supremacy confesse f See John Whites Way sect 36. n. 30. 34 35. p. 102. 104 105. Surius Tom. 3. 4. that a generall Councell is above the Pope and may upon just cause not onely convent and censure him for his misdemeanours but likewise actually depose him and set up another in his stead as the Councels of Pisa Constans Basil which deposed foure Popes namely Gregory the 12. Benedict the 13. John the 23. and Eugenius the fourth the Councell of Chalcedon against Pope Leo the Councell of Sinuessa against Pope Marcellinus the sixth seventh and eighth generall Councels against Honorius the Councels of q Wormes and Brixia against Hildebrand the Councell of Pisa summond 1511. of purpose to depose Pope Julius for his perjury h See John Whites Way sect 36. n. 30 p. 102 and n. 34 35. p. 104 105. sundry Popish Writers acknowledge Now the Councell of Basil as I shewed * See p. 4. before defined That the whole Kingdome and Parliament hath as great a power over their Kings as a Councell hath over the Pope therefore by Papists verdicts it is above the King in point of Soveraigne power as a Councell is above the Pope which John Mariana De Rege Regis Instit lib. 1. c 3. to 10. professedly proves at large 12. That Court which may lawfully coniure question depose banish execute the Kings greatest Favorites Officers Judges yea Lord Protectors themselves the highest Peeres of the Realme notwithstanding such are said to be i Psal 82. 1 2. Exod. 22. 2● John 10. 34. Gods k Rom. 13. 1 2 3 4. Ordained of God Gods Ministers To l Prov. 8. 15. decree Judgement g Fox Acts Monuments vol. 1. p 231. 235. 879 to 890. 962. by God to be the higher powers c. in Scripture as well as Kings and that not onely with but against the Kings Good will must questionlesse be the highest power and Jurisdiction in the Realme else the King and their Authority might protect them against its Justice But the Parliament may lawfully censure question depose banish execute all or any of these not onely without but against the Kings consent witnesse the proceedings in Parliament against m Hoveden p. 702 703. 705 706. with Speed Holinshed Grafton Stow Matthew Paris Polychronicon Fabian William Longchamp Bishop of Ely Chiefe Justicia● Lord Chancellor and Vice-roy of England in Richard the first his Reigne during his absence in the Holy Land from which Offices he was by the Peeres and Commons deposed for his misd●meanours and oppressions n Walsingh Speed Holinsh Fabian in Edw. 2. Froyssards Chron. part 1. c. 12 13. Piers Gaveston and the two Hugh Spensers in Edward the seconds Reig●e oft banished

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

Soveraigne and violently usurped his Crowne at first before any Parliament ●●ve it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaugh●● in Bosworth field was declared an usurper by Act of Parliament 1. H. 7 c. 6. and so adjudged to by 1 E. 4. c. 1. 8. H. 7 c. 1. 9. E. 4. f. 1. 2. and Henry the 7. had the Crowne set upon his head in the ●●ld by my Lord Standly as though saith s Page 8 ● ●● Grafton he had beene elected king by the voyce of the people ● in ancient times past in divers Realmes it hath beene accustomed Secondly that those kings who have enjoyed the Crowne by succession discent or election have still taken it upon the condition and covenants conteined in their Coronation Oathes which if they refused to sweare to the Pee●● and people really and bona fide to performe they were not then to be crowned or received as kings ●● adjured in the name of God to renounce this dignity And though in point of Law t Cooke 7. Report f. 10. 11. Calvins case Mar●il Patauinus Defen Pacis pars 2. c. 25. those who enjoy ●● Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent * Littleton sect 378. 379. Cookes Instit Ibid. f. 232. 233. 234. Condition in Law contained in their Coronation Oathes which impose no new but onely ratifie the old conditions ● separably annexed to the Crowne by the Common Law ever since Edward the Confessors dayes if not ●●fore as the Oathes of all our kings to their people really to performe th●se Articles and Condition fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the ki●● pleasure to take or refuse them if he will but necessary and inevitable by the Law and const●●●sage of the Realme yea of all v Baldus Proaem de Feud n 32. Dr Crakenth defence of Constantine p. 163. to 175. Grimst Imperiall Hist p. 653. Christian kingdomes whatsoever which prescribe like Oathes to t●● kings From all which I may firmely conclude that the whole Kingdome and Parliament are ●● Supreame Authoritie and Paramount the king because they may lawfully and doe usually prescr●● such conditions termes and rules of governing them to him and binde him by Oath faithfully to perfo●● the same as long as he shall continue king which oath our kings usually tooke or at least faithfu●● promised to take to their Subjects in ancient times before ever they did or would take an Oath ● 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 ●● both challenged and exercised a Supreame power over the Crowne of England it selfe to transfe●● it from the right heire and setled it on whom themselves thought meete to elect for their King ●● likewise to call their Kings to an account for their misgovernment 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 judic●● sentence in Parliament actually to depose them and set up others in the Throne as many * See Fortescue c. 12. to 15 Iohan. Mar. de Rege Regis Instit l. 1. ● 7. 8. 9. foreci●● presidents together with the examples of Archigallo and Emerian two ancient British Kings and Edwin King of Mercia deprived of allhonour and Kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression misgovernment and vicious lives and others elected and made Kings their places evidence which Acts of theirs they then reputed just and Legall Those Parliament then and Nationall Assemblies which have thus disposed of the Crowne and Kings themselves and exercised such jurisdiction over them must certainely be above them and the highest Soveraing● power True it is our Protestant Peeres Commons and Parliaments never challenged nor exercised such jurisdiction and I presume they will never doe it However it is neither honourable n●● safe for Kihgs and the most destructive policy their ill Counsellours can suggest unto them so fa● to oppresse their Subjects or exasporate their Parliaments as to provoke them to use the extremity x See p. 4. 5. 6. their power and revive dead sleeping presidents the consideration whereof when they were fresh m●● succeeding Kings more just and moderate in their governments and reclaimed many Vitious and Oppress●●● * See Mat. West Jeofry Monmouth Polych Fab. Graft Holin Speed in their lives Princes as Archigallo and others witnes for their reliefe We know what Solomon saith y Eccles 7. 7. Surely ●●pression maketh a wise man mad and if Kings or their evill Instruments shall so farre mad their Subject and Parliaments either by oppressions rapines misgovernment destroying making warre upon them putting them out of their protections as to make them cry out as they did against King Iohn z Mat. Par. p. 264. 265. 268. Grafton p. 111. 112. Bishop Bilson part 3. p. 480. Rex Ioh●nes factus est de Rege Tyrannus imo de homine in ●estialem praerumpens feritatem Ve● tibi Iohanni Reg● ultime Anglorum Principum abominatio Nobilitatis Anglicanae confusio Heu Anglia vastata ● plius vastanda c. Whereupon presently ensued a Nolumus hunc regnare Tandemque decretum ● ut aliquem potentem in Regem eligerent per quem possint ad possessiones pris●inas rev●cari credentes ● nu●lus Iohanne peior vel durior possit dominari tale miserabile statuentes argumentum Fortuna miserima tuta est Nam timor eventus deterioris abest Cumque aliquandi● quem eligerent ●ae●it●ssent demum in hoc pariter consens●runt ut Ludovicum fil●● Philippi Regis Francorum sibi praeficerent ipsum in Regem Angliae sublim●rent Which they did King Iohns their owne and the whole kingdomes great prejudice We know what the ill advise of R●● boams rough young Counsellors produced 2 Chron. 10. And the King answered the people roughly ●● the advice of the young men saying My father made your yoake heavie but I will adde thereto ● * See 2 Chro. 10. 11. father chastised you with whips but I will chastise you with scorpions And when all Israel saw that ● king would not harken unto them the people answered the King though he came to the crown by succe●● on saying What portion have we in David and we have none inheritance in the Son of Iesse every ma● your tents O Israel and now David see to thine owne house So all Israel went to their tents and ele●● Ieroboam for their King and fell away from the house of David to this day being never after united to ● but continuing a distinct Kingdome from it wherefore the best policy Kings can use to perpetuate their Thrones to them and their Posterity is to ●●●at their Subjects so