Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	hold_v	king_n	scotland_n	4,230	5	8.8042	4	true

Text snippets containing the quad

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

judicative power nor a legislative power inherent in him as is strongly undeniably and unanswerably proved before in pag. 43 44 46 47 60 61. And therefore away with the pretended power of the Lords up with it by the roots and let them sit no longer as they do unlesse they will put themselves upon the love of their Country to be freely therby chosen as their ●ōmissioners to sit in Parliament for I am sure in right all their actions now are unbinding and unindivalid which becomes you O all ye Free-men or Commoners of England out of that duty you ow to your selves yours and your native Country throughly and home to set forth by Petition to your own HOVSE of COMMONS and to desire them speedily to remove them before the Kingdome be destroyed by their crosse proud and inconsistent interest for little do you know what Scotch-ale divers of them are now a brewing Read the Histories of William the Conqueror and you shall easily find that the pride and contention of those English-men that were called Lords amongst themselves was no small cause of the losing of this Kingdome to that Tyrant for saith Speed fol. 409. After the Normans had slain King Harold and overthrown his Army the two great Earles of Yorkshire and Cheshire Morcar and Edwine coming to London where the Londoners c. would gladly have set up Edgar Atheling the true Heire to the Crown to have been their Captain Generall to have defended them from the powerfull Norman Invaders who now was exceedingly fleshed with his victory and now likely to over-run the whole Land yet such was the pride and baesenesse of these two great Lords that the misery distresse and fearfull estate of their native Country could not disswade from their ambition plotting secretly to get the Crown to themselvs which hindered that wise and noble design and totally lost their native Country O COMMONS OF ENGLAND therefore beware of them and have a jealous eye over them and take heed that when it comes to the pinch they serve you not such another trick again For I am sure their interest is not yours nor the publikes neither is it consistent with their ends that you should enjoy Justice or your undeniable and just rights liberties and freedomes And well to this purpose saith Daniel pag. 36. That after the Bishops and the Clergy had shewed their aversnesse to the erecting of that probable meanes that was propounded to hinder the theevish invader the Nobility considering they were so born and must have a King and therefore considering of his power made them strive and run head-long who should bee the first to pre-occupate the grace of servitude and intrude them into forraign subjection So that the poor Commons like a strong vessell that saith hee might have been for good use were hereby left without a stern and could not move regularly trusting and resting it seemes too much upon those Lords which I call the broken Reeds of Egypt by whom they were undone But for the further clee●ng of the Originall of the House of Peers pretended power I shall desire the understanding Reader to read over a little Treatise printed in Anno 1641. called The manner of holding of Parliaments in England in the 28. pag. hee saith King Harold being overcome William the 1. King and Conqueror having obtained the Soveraignty according to his pleasure bestowed Dignities and Honours upon his companions and others Some of them so connext and conjoyned unto the Fees themselves that yet to this day the possessors thereof may seem to be inabled even with the possession of the places only as our Bishops at this day by reason of the Baronies joyned unto their Bishoprickes enjoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament he gave and granted to others Dignities and Honours together with the Lands and Fees themselves hee gave to Hugh Lupas his kinsman a Norman and sonne to Emma sister to the Conqueror by the Mother the Earldome of Choster Adconquirendum Angliā-per Coronam that is in English to conquer and hold to himself and his Heires as free by the Sword as the King of England held it by his Crown to HANNVSRVFVS then Earl of Britain in France the Earldome of Richmond It a lib●re honorifice ut e●ndem Edwinus Comes antea tenue●at that is in English as freely and honourably as Edwine Earle held it before And the Earldome of Arundel which Harrold possessed he granted with a fee unto Roger of Montgomeny And in page 33. the same Author declares That Kings sometimes not regarding the Solemnities of Ceremonies and Charters have only by their becks suffered Dignities and Honours to be transferred So that by what Iam able to gather out of ancient Histories William the Conquerour absolutely subdued the Rights and Priviledges of Parliaments held in England before this time The manner of holding of which as the same Author in his first page declares was by the discreet sort of the Kingdome of England rehearsed and shewed unto the Conquerour which as hee saith he approved of And the same doth John Minshew say in his Dictionary published and printed at London July 22. 1625. fol. 526. his words are these In England the PARLIAMENT is called for the debating of matters touching the Common-wealth and especially the making and correcting of Lawes which Assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thomas Smith de Re. Angl. lib. 2. cap. 1. 2. Cambd. Brit. Compt. Juris fol. 1. And see the Institution of this Court Polydor Virgil lib 11. of his Chronicles refer●eth after a sort to Henry 1. yet confessing that it was used before though very seldome You may find saith he in the former Prologue of the grand Customary of Normandy That the Normans used the same meanes in making their lawes In a Monument os Antiquity shewing the manner of holding this Parliament in the time of King Edward the sonne of King Etheldred which as the Note saith was delivered by the discreeter sort of the Realm to William the Conqueror and allowed by him This writing began thus Rex est Caput c. See more saith he of the course and order of this Parliament in Compt. Juris fol. 1. c. And VOWEL alias Hooker in his Book purposely written of this matter Powels book called the Atturneys Academy Read Mr. William Prynnes first part of the SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES printed by the authority of this present Parliament pag 42 43 44. William the Conqueror having as to me is clearly evident subdued Parliaments their power authority priviledges and jurisdiction did set up by the absolute law of his own will for his Compceres Couzens and Connsellors such men who had most pleased him in vassalizing and enslaving this kingdom and the people thereof in whose steps severall of his successors after him did tread So that the kingdome was

obtained saith Martin fol. 29. The Empresse with many honourable tryumphs and solemnities was received into the Cities of Circester Oxford Winchester and London but the Londoners desiring the restitution of King Edwards Lawes which she refused which proved her ruine and the restitution of King Stephen out of prison and to the Crown again and after some fresh bouts betwixt King Stephen and Duke Henry Mauds eldest Son a Peace was concluded betwixt them in a Parliament at Westminster and that Duke Henry should enjoy the Crown after King Stephen At the receiving of which he took the usuall oath and being like to have much work in France c. being held in thereby from all exorbitant courses he was therefore Wary to observe at first all meanes to get and retain the love and good opinion of this Kingdom by a regular and easie government and at Waldingford in Parliament saith Daniel fol. 80. made an act that both served his own turn and much eased the stomackes of his people which was the expulsion of strangers wherewith the Land was much pestered but afterwards was more with Becket the traytorly Arch-bishop of Canterbury And after him succeeds his Son Richard the first At the beginning of this mans Reigne a miserable massacre was of the Jewes in this Kingdom who went to the holy wars and was taken prisone by the Emperour as he came home of whom Daniel saith fol. 126. that he reigned 9 years and 9 moneths Wherein he exacted and consumed more of this Kingdome then all his Predecessours from the Norman had done before him and yet lesse deserved then any His brother Duke John being then beyond Seas with his Army was by the then Archbishop of Canterburies meanes endeavoured to be made King Who undertooke for him that he should restore unto them their Rights and govern the Kingdome as he ought with moderation and was thereupon after taking three oathes which were to love holy Church and preserve it from all Oppressours The Kings Oath to govern the State in justice and abolish bad Lawes not to assume this Royall honour but with full purpose to rerform that he had sworn Speed 534. crowned King And because the title was doubtfull in regard of Arthur the Posthumus Son of Geffery Duke of Brittain King Iohns eldest brother Speed fol. 532 he receives the Crown and Kingdome by way of election Daniel fol. 127. the Archbishop that crowned him in his Oration professing before the whole Assembly of the State That by all reason Divine and Humane none ought to succeed in the Kingdome but who should bee for the worthinesse of his vertues universally chosen by the State as was this man And yet notwithstanding all this he assumed power by his will and prerogative to impose three shillings upon every plough-land and also exacted great Fines of Offenders in his Forrests And afterwards summons the Farles and Barons of England to be presently ready with Horse and Arms to passe the Seas with him But they holding a conference together at Lecester by a generall consent send him word That unlesse he would render them their rights and liberties they would not attend him out of the Kingdome Which put him into a mighty rage but yet he went into France and there took his Nephew Arthur prisoner and put him to death by reason of which the Nobility of Britaigne Anjou and Poictou took Armes against him and summon him to answer at the Court of Justice of the King of France to whom they appeale Which he refusing is condemn●d to lose the Dutchy of Normandy which his Ancestors had held 300. yeares and all other his Provinces in France which he was accordingly the next yeare deposed of And in this disastrous estate ●aith Daniel fol. 130. he returnes into England ●nd charges the Earles and Barons with the reproaches of his l●sses in France and fines them by his Prerogative to pay the seventh part of all their goods for refusing his aid And after this going over into France to wras●le another fall was forced to a peace for two years and returnes into England for more supplies where by his will iust and prerogative he layes an imposition of the thirteenth part of all moveables and other goods both of the Clergie and Laitie who now saith Daniel seeing their substances consume and likely ever to be made liabl● to the Kings desperate courses began to cast about for the recovery of their ancient immunities which upon their former sufferance had been usurped by their late Kings And hence grew the beginning of a miserable breach between the King his people Which saith he folio 131. cost more adoe and more Noble blood then all the warres for raigne had done since the Conquest For this contention ceased not though it often had fair intermissions till the GREAT CHARTER made to keep the Beame right betwixt SOVERAIGNTY and SVBJECTION first obtained of this King JOHN in his 15. and 16. yeares of his yeares of his reigne and after of his sonne Henry the 3. in the 3. 8. 21. 36. 42. yeares of his reigne though observed truly of neither was in the maturity of a judiciall Prince Edward the first freely ratified Anno regni 27. 28. But I am confident that whosoever seriously and impartially readeth over the lives of King John and his sonne Henry the third will judge them Monsters rather then men Roaring Lions Ravening Wolves and salvadge Boares studying how to destroy and ruine the people rather then Magistrates to govern the people with justice and equity For as for King John he made nothing to take his Oath and immediatly to break it the common practice of Kings to grant Charters and Freedomes and when his turn was Consider compare and conclude served to annihilate them again and thereby and by his tyrannicall oppressions to embroyle the Kingdo●e in Warres Blood and all kind of miseries In selling and basely delivering up the Kingdome that was none of his own but the peoples as was decreed in the next Parliament Speed fol. 565. by laying down his CROWN Scepter Mantle Sword and Ring the Ensignes of his Royalty at the feet of Randulphus the Popes Agent delivering up therewithall the Kingdome of England to the Pope And hearing of the death of Geffery Fitz Peter one of the Patrons of the people rejoyced much and swore by the Feet of God That now at length he was King and Lord of England having a fre●r power to untie himselfe of those knots which his Oath had made to this great man against his will and to break all the Bonds of the late concluded peace with the people unto which he repented to have ever condescended And as Daniel folio 140. saith to shew the desperate malice this King and Tyrant who rather then not to have an absolute domination over his people to doe what he listed would be any thing himself● under any other that would but support him in his violences There is recorded an

the rest of his Suffragans solemnly pronounced the Sentence of Excommunication whi●h then was a fe● full thunder-bolt against all such who should contradict those Articles which were there publikely read before the Barons and Commons of the Realme in the presence of the King Amongst which the observation and execution of Magnae Charta is required with all other ordinances necessary for the Church and Kingdome and that as the said King had done all st●angers should be banished the Court and Kingdome and all ill Councellors removed That the businesse of the State should be treated on by the Councell of the Clergy and the Nobles That the King should not begin any war or go any way out os the Kingdom without the common Councell of the same Daniel fol. 205. Speed fol. 652. But this King for his evill government breaking his Oaths and Contracts with his People was therefore by common consent in full Parliament deposed Which we shall have occasion b● and by more fully to speak of and the Bishop of Hereford as the mouth of those Messengers that were sent by the Parliament the Body of the State told him that the Common-wealth had in Parliament elected his eldest Son the Lord Edward for King and that he must resigne his Diadem to him or after the refusall suffer them to elect such a person as themselves should judge to be most fit and able to defend the Kingdome This Prince being crowned raigned above 50. years and hath the best commendation for Manhood and Justice of any Prince that went before him or that followed after him who yet notwithstanding though he came in by election and took the Oath at his Coronation which his Father took before him yet he fayled often in the performance of it Of which the BBp. of Canterbury in an Epistle written to him when hee was in France tells him home of it in these words That it was the safety of Kings and their Kingdoms to use grave and wise Councellors alleadging many examples out of holy Writ of the slourishing happinesse of such as took that course and their infelicity who followed the contrary Then wills him to remember how his Father led by evill Councell vexed the Kingdome putting to death contrary to the Law of the Land divers of the Nobility and wished him to consider what hapned thereby unto him 〈◊〉 to call to mind how himself at first through evill Councell about 〈◊〉 almost lost the hearts of his people But afterwards by the great 〈◊〉 and care of his Prelates and Nobles his affaires were 〈…〉 into so good order as he recovered them and is reputed the noblest Prince in Christendome But now again at present through the 〈◊〉 Councell of such as effect their own prosit more then his honour o● the welf●re of his People he had caused Clergy-men and others to be ar●ested and held in prison by undue proceeding without being indicted or convilled contrary to the Laws of England which he saith he was ●●●nd by his Oath at his Coronation to observe and against Magna Charta which whosoever shall presume to infringe are to be by the Prelates excommunicate so that hereby he incurred no small detriment to his Soule and to the State and his Honour which he doubted if he proceeded in it would loose both the hearts of the people and their ayd and helpe Daniel Foli 229. 230. For which the King sharply according to his prerogative power reproveth him But shortly after the King found much to do● in the Parliament held at London being earnestly petitioned by the whole Assembly that the great Charter of Liberties and the Charter of Forrests might be duly observed and that whosoever of the Kings Officers in●ringed the same should loose their place That the high Officers of the Kingdome should as in former times * Read Daniel fol. 149. be elected by Parliament But the King stood stiff upon his prerogative but yet yeelded that these Officers should receive an Oath in Parliament to do justice unto all men in their Offic●s and thereupon a Statute was made and confirmed with the Kings Seal both for that and many other Grants of his to the Subj●cts which notwithstanding were for the most part presently after revoked Daniel fol. 231. But forasmuch as About this time in the Statute-Bookes at large fol. 144. l find was an excellent Oath made in the 18. of Edw. 3. Anno 1344. intituled The Oath of the Justices I conceive it may be worth the reading and therefore it is not unnecessary here to ins●rt it which thus followeth YE shall swear that well and lawfully ye shall serve our Lord the King and his People in the Office of Iustice and that lawfully ye shall counsell the King in his businesse And that ye shall not counsell nor assent to any thing which may turn him in dammage or disherison by any manner way or colour And that ye shall not know the dammage or disherison of him whereof ye shall not cause him to be warned by your self or by others and that ye shall do equall Law and execution of right to all his Subjects rich and poore without having regard to any person And that you take not by your self or by other privatly nor apertly guift nor regard of gold nor silver nor of any other thing which may turn to your profit unlesse it be meat or drinke and that of small value of any man that shall have any plea or processe hanging before you as long as the same processe shall be so hanging nor after for the same cause And that ye take no Fee as long as ye shall be Justice nor Robes of any man great or small but of the King himself And that ye give none advice nor counsell to no man great nor small in no case where the King is party And in case that any of what estate or condition they be come before you in your Sessions with force and arms or otherwise against the peace or against the form of the Statute thereof made Stat 2. E. 3. 3. to disturb execution of the Common-Law or to ●●●ace the people that they may not pursue the Law that ye shall cause their bopies to be arrested and put in prison And in case they be such that ye cannot arrest them that ye certifie the King of their names and of their misprision hastily so that he may thereof ordain a conveniable remedy And that ye by your selfe nor by others privily nor apertly maintain any plea or quarrell hanging in the Kings Court or else-where in the Country And that ye deny to no man common right by the Kings Lett●rs nor none other mans nor for none other cause in case any Letters come to you contrary to the Law that ye do nothing by such Letters but certifie the King thereof and proceed to execute the Law notwithstanding the same Letters And that ye shall do and procure the profit of the King and his Crown with

shed in England Scotland and Ireland since these wars which is the blood of thousands of thousands For which if all the sons of men should be so base and wicked as not to doe their duty in executing justice upon him which Legally may and ought to bee done by those especially who have Power and Authority in their hands Yet undoubtedly the righteous God will and that I am confident in an exemplary manner in despight of all his bloody add wicked protectors and defenders For GOD is a just GOD and will revenge innocent blood even upon Kings Judg. 1 6 7. 1 Kings 21. 19. 22. 38. Isa 30. 33. Ezek. 32. 29. and will repay wicked and ungodly men Isai 59. 18. Therefore I desire those that shall thinke this a harsh saying to lay down the definition of a Tyrant in the highest degree and I am confident their own Consciences will tell them it is scarce possible to commit or doe that act of Tyranny that Charles Stewart is not guilty of and therefore de jure hath absolved all his people from their Allegeance and Obedience to him and which the Parliament are bound in duty and conscience De facto to declare and not to bee unjuster to the Kingdome then their predecessors have been which in part I have already memioned and shall to conclude only cite some particulars of the Parliaments just dealing with Edward the second who was not one quarter so bad as C. R who being called to account by the Parliament for his evill government and being imprisoned at Kenelworth-Castle the Parliament sent Commissioners to acquaint him with their pleasure the Bishops of Winches●●r Hereford and Lincoln two Earls two Abbots foure Barons two Justices three Knights for every County and for London and other principall places chiefly for the five Ports a certain number chosen by the Parliament And when they came to him they told him the Common-wealth had conceived so irreconcileable dislikes of his government the particulars whereof had been opened in the generall Assembly at London that it was resolved never to endure him as King any longer That notwithstanding those dislikes had not extended so far as for his sake to exclude his issue but that with universall applause and joy the Common-wealth had in Parliament elected his eldest sonne the Lord Edward for King They finally told him that unlesse he did of himselfe renounce his Crown and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all Homage and Fealty would elect some other for King not of the Blood The King seeing it would be no better amongst other things told them That he sorrowed much that the people of the Kingdom were so exasperated against him as that they should utterly abhorre his any longer rule and soveraignty and therefore he besought all there present to forgive him and gave them thanks for chusing his eldest sonne to be their King which was greatly to his good liking that he was so gracious in their sight Whereupon they proceeded to the short Ceremony of his Resignation which principally consisted in the surrender of his Diadem and Ensignes of Majesty to the use of his son the new King Whereupon Sir William Trussel on the behalfe of the whole Realm renounced all homage and allegeance to the Lord Edward of Carnarvan late King The words of the definitive Sentence were these I William Trussel in the name of all men of the Land of England and all the Parliament Procurator resigne to thee Edward the Domage that was made to thee sometime and from this time forward now following I defy thee and deprive shee of all Royall power and I shall neuer be attendant to thee as for ●ing after this time But if any object It is true Subjects and people have de facto done this unto their Kings but they cannot doe it de jure for that Kings are above their people are not punishable by any but God I answer God is the fountain or efficient cause of all punishment But as to man instrumentally he inflicts by man And though he be our supream Lord and Law-Maker hath for bodily and visible transgressions of his Law appointed a visible and bodily punishment in this world for the transgressors thereof and man for his instrumentall executioner and never ordinarily doth it immediatly by himself but when his Instrument Man failes to doe his duty and being a God of order hath appointed a Magistrate or an impowred man as his and their executioner for the doing of justice and never goeth out of this Road but in extraordinary cases as he doth when the Magistrate is extraordinarily corrupted in the executing of his duty and in such cases God hath raised up particular or extraordinary persons to be his executioners And therefore God being no respecter of persons hath by nature created all men alike in power and not any lawlesse and none to bind each other against mutuall agreement and common consent and hath expr●sly commanded Man his rationall creature shall not tyrannize one over another or destroy by any intrusted power each other but that the intrusted Kings as well as others shall improve the utmost of their power and strength for the good and benefit protection and preservation of every individuall Trustee And whosoever he be that shall improve his intrusted power to the destruction of his impowrers forfeits his power And GOD the fountain of Reason and Justice hath endued man with so much reason mercy humanity and compassion to himself and his own Being as by the instinct Nature to improve his utmost power for his own preservation and defence which is a Law above all lawes and compacts in the world Declar. April 17. 1641. And whosoever rejects it and doth not use it hath obliterated the principles of Nature in himselfe degenerated into a habit worse then a beast and becomes felonious to himselfe and guilty of h●s own blood This Israel of old the Lords peculiar people understood as well as the people of England although they had 〈◊〉 expresse posi●ive law no more then we in England have to rebell or withdraw their obedience subjection from those Magistrates or Kings that exercise their power and authority contrary to the nature of their trust which is plain and cleare without dispute in the case of Rehoboam who was the son of Solomon who was the sonne of David who was assigned King by GOD and chosen and made King by the common consent of the people of Juda and Israel 2 Sam. 7. 13. And who by vertve of Gods promise to him and his seed to be Kings over his people had more to say for his Title to his and their Crown I am confident of it then all the Princes in the world have to say for their claim and childrens to their Crown For Rehoboam was not onely the sonne of Solomon who was in a manner intailed by God himselfe unto the Crown

ruled and governed by the King and his Prerogative Nobles and by lawes flowing from their wils and pleasures and not made by common consent by the peoples commissions assembled in Parliament as it is now at this day but he and his successors giving such large Charters to their Compeeres and great Lords as to one to be Lord great Chamberlain of Englands another Lord Constable of England to another Lord Admirall of England c. By meanes of which they had such vast power in the kingdome having then at their beck all the chiefe Gentlemen and Free-holders of England that used to wait upon them in blew Jackets so that they were upon any discontent able to combine against their Kings their absolute creators and hold their noses to the grind-stone and rather give a Law unto them then receive a law from them in which great streits our former Kings for curbing the greatnesse of these their meere creatures now grown insolent were forced to give new Charters Commissions and Writs unto the Commons then generally absolute vassals to choose so many Knights and Burgesles as they in their own breasts should think fit to be able by joyning with them to curb their potent and insolent Lords or trusty and well-beloved Cousins which was all the end they first called the Commons together for yet this good came out of it that by degrees the Commons came to understand in a greater measure their rights and to know their own power and strength By means of which with much struggling we in this age come to enjoy what wee have by Magna Charta the Petition of Right and the good and just Lawes made this present Parliament c. which yet is nothing nigh so much as by right we ought to enjoy For the forementioned Author of the book called The manner of holding Parliaments in England as 20 21. pages declares plainly that in times by-past there was neither Bishop Earle nor Baron and yet even then Kings kept Parliaments And though since by incursion Bishops Earles and Barons have been by the Kings prerogative Charters summoned to sit in Parliament yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bishops Earles and Barons And before the Conquest he positively declares it was a right that all things which are to be affirmed or informed granted or denied or to be done by the Parliament must be granted by the Commonalty of the Parliament who he affirmes might refuse though summoned to come to Parliament in case the King did not governe them as he ought unto whom it was lawfull in particular to point out the Articles in which he misgoverned them And suitable to this purpose is Mr. John Vowels judgment which Mr. Pryn in his above-mentioned book pag. 43. cites out of Holinsh Chro. of Ireland fol. 127 128. His words as Mr. Pryn cites them are thus Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they wil not come or if they come they will not yet appear or if they come appear yet will not do or yeeld to any thing Then the King with the consent of his Commons may ordain and establish any Acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents but on the contrary if the Commons be summoned and will not come or coming will not appear or appearing will nor consent to do any thing alleadging some just weighty and great cause The King in these cases * Cromptons jurisdictiō of courts fo 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33● H 6. 17. dju-lged accordingly prerogative 134. cannot with his Lords devise make or establish any Law The reasons are when Parliaments were first begun and ordained THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT AND THE TEMPORALL LORDS were very few or none and then the King and his Commons did make a full Parliament which authority was never hitherto abridged Again every Baron in Parliament doth represent but his owne person and speaketh in he behalf of himself alone But the Knights Citizens and Burgesses are represented in the Commons of the whole Realm and every of these giveth not consent for himself but for all those also for whom he is sent And the King with the consent of his COMMONS had ever a sufficient and full authority to make ordain and establish good wholesome Lawes for the Common-wealth of his Realm Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament can●ot by their folly abridge the King and the Commons of their lawfull proceedings in Parliament Thus and more John Vowel alias Hooker in his order usage how to keep a Parliament which begins in the foresaid History pag. 121. and continues to pag. 130. printed Cum Privil●gio And Sir Edward Cook in his Institutes on Magna Charta proves That the Lords and Peers in many Charters and Acts are included under the name of the Commons or Commonalty of England And in his Exposition of the second Chapter of Magna Char●a 2. part Institutes fol. 5. He declares that when the Great Charter was made there was not in England either Dukes Marquesse or Viscounts So that to be sure they are all Innovators and Intruders and can claime no originall or true interest to sit in Parliament sith they are neither instituted by common consent nor yet had any being from the first beginings of Parliaments in England either before the Conquest or since the Conquest nor the first Duke saith Sir Edward Cook Ibidem that was created since the Conquest was Edw. the black Prince In the 11. year of Edw. the third and Rob. de Vere Earl of Oxford was in the 8. year of Richard the 2. created Marquesse of Dublin in Ireland And he was the first Marquesse that any of our Kings created The first Viscount that I find saith he of Record and that sate in Parliament by that name was John Beumont who in the 8. yeer of Hen. the 6. was created Viscount Beumont And therefore if Parliaments be the most high and absolute power in the Realm as undeniably they are for Holinshed in his fore-mentioned Chronicle in the D●scription of England speaking of the high Court of Parliament and authority of the same saith pag. 173. thereby Kings and mighty Princes have from time to time been deposed from their Th●ones ●awes either enacted or abrogated offendors of all sorts punished c. Then much more may they disthrone or depose these Lordly prerogative Innovators and Intruders and for my part I shall think that the betrusted Commissioners of the Commons of England now assembled in Parliament have not faithfully discharged their duty to their Lords and Masters the people their impowerers till they have effectually and throughly done it And if the Lords would be willing to come and sit with them as one house