first by the Ancient Treatise Of the manner of holding Parliaments in England which informes us That the first day of the Parliament publike Proclamations ought to be made in the City or Town where the Parliament is kept That all those who would deliver Petitions or Bills to the Parliament should deliver them in a certaine time That the Parliament should not depart so long as any Petition made thereto â—angeth undiscussed or undecided or at the least to which there is not made a determinate answer the Kings Majestie being desirous of his grace and favour to give the â—ubject redresse of any injurie not to suffer his people to goe unsatisfied Hence departing of the Parliament OVGHT TO BE in such manner First IT OVGHT TO BE demaunded yea and publikely proclaimed in the Parliament and within â—he Pallace of the Parliament whether there be any that hath delivered a â—etition to the Parliament and â—ath not received answer thereto If there he none such it iâ— supposed that every one is satisfied or else answered unto at the least So farre forth as by Law it may be And then all may depart Hence it waâ— that in 21. R. 2. c. 16. 17. 18. 19. divers Petitions not read nor answered in Parliament by reason of â— See Walâ—ingham Mat. Paris Fabian Holinshed Grafton Martyn Speed in their lives shortnesse of time and not determined sitting the Parliament were by speciall Acts of Parliament referred to divers Lords and Commons to examine answer and plainely determine all matters contained in the said Petitions as they should thinke best by their good advise and discretion even out of Parliament which they heard and determined accordingly and made binding Acts thereupon as appeares by the statutes themselves This Doctrine was very well knowne to King Iohn Henry the 3. Edward the 2. Richard the 2. Henry the 6. and Edward the 4. the Parliaments which opposed and deposed most of them sitting and continuing sitting both before and after their deposing sore against their wills as the fore-remembred histories manifest else no doubt they would have broken up all these Parliaments at their pleasure and never permitted such Acts Iudgements to passe against themselves Favorites ill Counsellours pretended Prerogatives had they lawfull power to dissolve them summoned in their names or the Parliaments actually determined by their depositions or resignations as we finde they did not and none ever yet held they did King Richard the 2 fearing the losse of his Crowne or some restraints by Lawes in the 11. yeare of his raigne proposed this question among others to his Iudges at Nottingham Castle which for ought I finde was never doubted before b See 21 R. 2. c. 12. Whether the King whensoever pleaseth him might dissolve the Parliâ—ment and command his Lords and Commons to deparâ— from thence or not Whereunto it was of one minde answered that he may and if any would proceede in c Walâ—ingham Holinshed Fabian Graft Speed in 11. R. 2. the Statuts at large that yeare the Parliament against the Kings will he is to be punished as a Traytor For which opinion and others some of these Iudges and Lawyers as Trysiâ—ian Blake were condemned of high Treason the next Parliament 11. R. 2. drawne upon a hurdle to Tyburne and there executed as Traytors to the King and Commonwealth others of them who delivered their opinions rather out of feare of death and bodily tortures then malice were yet condemned as Traytors and banished the Kingdome onely their lives were spared True it is that the packed and over-â—wed Parliament of 21. R. 2. terrified by the Kings unruly great guard of Cheshire Archers fore-mentioned 21. R. 2. c. 12. being specially interrogated by the Kiâ—g how they thought of these answeres of the Iudges sayd That they thought they gave their answeres duely and faithfully as good and lawfull lâ—ige people of the King ought to doe But yet the Parliament of 1 H. 4. c. 3. 4. repealed this Parliament of 21. R. 2. with all its circumstances and dependents revived the Parliament of 11 R. 2. with the judgements and proceedings given against these treacherous temporising Iudges as a thing made for the great honour and common profit of the Realme Besides the e Cooke 9. Rept f. 1. in the Epistle 4. E. 3. c. 14. â—6 E. 3. c. 10. Statutes of King Alfred and Edward the 3. which enact that a Parliament shall be holden once every yeare and oftner if neede be for redresse of mischiefes and grievances which dayly happen strongly intimate that if a Parliament ought in Law to be called as often as need is of purpose to redresse the Subjects grievances and mischiefes then it ought not in point of Law to be dissolved till these greivances and mischiefes f Magna Charta 1556. part 2. f. 164. be redressed else the sommoning of it would be to no purpose and bring a great trouble and charge to the whole kingdome without any benefit at all Moreover the King by his Oath is bound to doe equall justice and right to all his Subjects in all his Courts of justice In Magna Charta c. 29. he makes this Portestation We shall deny nor deferre to no man either Iustice or right and by sundry other g 18. E. 3. Stat. 3. 20 E 3. c. â— Acts all the Kings Iudges are sworne and commanded to doe even Law and execution of right to all his subjects rich or poore without having regard to any person and without letting or delaying to doe right for any Letters Writs or Commandements that shall come to them from the King or any others and shall doe nothing by vertue of them but goe forth to doe the Law and hold their Courts and Processes where the Pleas and matters be depending before them notwithstanding aâ— if no such Letters Writs or Commandements were come unto you The makers therefore of these Oâ—thes and Lawes in dayes of Popery and the Parliaments of 2. E. 3. c. 8 14. E. 3. c. 14. 1. R. 2. c. 2. which Enact That it shall not be commanded by the great seale or little seale to delay or disturbe common right and though such commandments doe come the Iustices shall not therefore leave to doe right in ANY POINT that Iustice and right be indifferently ministred to every of the Kings Subjects did certainely beleeve that the King neither by his great nor privie seal nor by Writ or Letter could without just or lawfull cause assigned prorogue or adjourne the Teâ—me or sitting of any Courts of Iustice much lesse prorogue or dissolve his highest Court and grand Counsell of the Realme the Parliament or disable them to fit to redresse the Kingdomes and subjects severall grievances or secure the Realme from danger Which if he might lawfully doe at his pleasure without the Houses joynt assents there would necessarily follow not onely a deferring and deniall but likewise a fayler of Iustice in the highest Court or Session
which these Acts disable the King who is so farre inferior to the Law that he cannot so much as delay the smallest proceedings of it in any Court or Session by his supreame power by any meanes whatsoever to effect in his meanest Courts much lesse then in the greatest from whence the subvertion of Lawes Libertie Iustice and the whole Realme would ensue If any therefore cavill at the All for the continuance of this Parliament till both houses shall agree to adjourne or dissolve it or at the Bill for Trienniall Parliaments which when they meete shall not be dissolved without their consents for 40. dayes space next after their first meeting Let them now learne that this is no Innovation nor encroachment on the Crowne but an ancient Priviledge of Parliament both claimed practised and resolved in times of Popery in an higher degree then now it is And thus you see how in these particulars the Popish Parliaments Prelates Lords and Commons in former times have claimed and exercised far greater Priviledges and Iurisdictions then this or any other Pâ—orestant Parliament hath hitherto claimed or practised which I hope will for ever silence the clamourous tongues of all ill Counsellors Courtiers Royalists Malignants Papists and Cavaliers against the present Parliament of whose highest yeâ— moderate proceedâ—ngs themselves alone have beene the occasions and therefore of all others have least cause to complaine against them But to returne againe to the first grand Objection Thirdly I answer that the High Court of Parliament and whole kingdome which it represents may in divers respects be truely and properly 3. The Parliament and kingdome proved to be above the king sayd to be the Highest Soveraigne power of all others and above the King himselfe which because it may â—eeme a dangerous paradox and tends much to the vindication both of the Priviledges Honour and â—urisdictions of our High Court of Parliament now so much undervalued because not really knowne to most and to the justification of the proceedings in this present Parliament which many out of ignorance and malice so much declaime against both by Word and writing in a most licentious manner I shall take a little liberty to demonstrate the truth of it by such convincing reasons of Authorities as no rationall man I hope shall be able to contradict but must necessarily submit to First it is undeniable that See Cromptons jurisdiction of Courts Title Parliament Brooke Title Parliament Holinsh Description of England c. 8. p. 173. Chron. of Ireland p. 120 to 130. Sir Th. Smiths CoÌ„mon-wealth of England l. 2. c. 1. 2. 3. Cowel and Minshew Tit. Parliament Camdens Brit. p. 177. the Court of Parliament hath a lawfull power to question all the Kings Paâ—ents Charters Commissions Proclamations Grants Warrants Writs and Commitments whatsoever whether they be Legall yea to cancell or repeale them in case they be illegall mischeivous or onerous to the Subject not onely without but against the Kings consent and mandate to the contrary as appeares by infinite presidents in this and all former Parliaments the scourges of Monopolists Patentees and Projectors the Pests of the Commonwealth The like power have all other Courts of Iustice within the Kingdome in some degree when such Charters and Writs of the King are brought judicially before them because they are Courts of the Law to which the King and all his Actions are and must be subject Now that which can thus question cancell disanull revoke the Kings owne royall Charters Writs Commissions Patents c. though ratified with the great seale and regall power even against his will must certainely be a Soveraigne power and Authority which in point of Law and Iustice is fuâ—eriour to the King This is Bractons resolution l. 2. c. 16. f 34 a and Fletaes l. 1. c. 17. Where â—hey affirme the Law and Parliament to be above the King because they may censure judge and rescinde the Kings Acts and Charters legally and judicially even against his personall though not legall Will which â—s the Law Secondly It is unquestionably true that in all cases of difference betweene the King and all or any of his Subjects though they concerne the Kings Prerogative and the highest branches thereof the Parliament is the supremest and most proper judge and its resolution from which there is no appeale â—o any higher tribunall shall finally binde not onely all the subjects but the King himselfe notwithstanding his owne personall disassent This is manifest by the many late resolutions given in Parliament against sundry Patents Commissions Writs Charters Impositions Loanes Shipmoney i See 21. Iacob c. 3. Co. l. 8. f. 125. to 130. l. 10. f. 113. l. 11. f. 84. to 89. Fitz Brooke and Ash Tit. Charters Grant le Roy Comissions Habeas Corpus Bayle and the Iudges arguments against Ship-money Forrest-Bounds Marshall Law Pressing and â—illetting souldiers Imprisonment by speciall Command of the King or his Privie Counsell Tonnage and Poundage Knighthood and Taxes The Commission of Array and â—he like which obliege both King and Subject the King in receiving justice in such cases being subject â—o the Law as well as the meanest of his subjects as k Rex in justitia reâ— pienda minimo de â—egno suo comparatur minimus esse debet vel quaâ—i in judicio suscipiendo Bracton l. 1. c. 8. f. 5. b. l. 3 c 9. f. 107. Bracton truely avers against all Royalists mistakes Now that which can thus finally conclude and binde the King himselfe even volens nolens â—n cases of highest concernment entrenching farthest upon his Prerogative Royall must doubtlesse â—e the most Soveraigne power Superiour to the Kings And in this sence every Court of Justice whose just resolutions and every petty Jury whose upright verdicts obliege the King because warâ—anted by the Law which is paramont the King as Bracton m Lib. 1. c. 5. 17. Fleta n Cap. 9. to 15. Fortescus o Speech in Parliament 1609 King Iames p In his â—awes in Fox Acts Mon. Edit vol 1. p. 214. Edward the Confâ—ssor yea and q Aristotle resolve may be truely sayd to be above the Kings â—erson which they binde but not above the Parliament which by its suparlative power may examine â—ll Å¿ 1 H. 7. 1. Br. parliament 92. Ash tab 65. 67. judgements and verdicts in other Courts by way of error or appeale and reverse them if there be â—â—use when as the King in person cannot by law examine or reverse them but onely in his Courts â—f Iustice by his Iudges Thirdly Parliaments oft times doe and may as they see cause enlarge the Kings Prerogative and Royall â—ower in sundry particulars in which the King had no such jurisdiction before these Acts witnesse the â—tatute de Praerogativa Regis 25. H. 8. c. 19. 20 21. 26. H. 8. c. 1. 3. 31. H. 8. c. 8. 9. 34. 35. H. â— c. 23. 27 H. 8. c. 15. 28. H. 8. c.
7. 17. 3. 4. E. 6. c. 11. 12. 1. Eliz. 1. 2. with sundry more Now â— Lib. 1. c. 8. l. 3. c. 9. f. 107. r polit l. 3. c. 1â— 11. 12. that Parlimentary power which onely can create and conferre on Kings a greater regall Authority and Prerogative then they had before must needs be the Originall and supreame authoritie for as we rightly argue m See 1 Eliz. c. 1. Rastal T it Sewers or Commissioners Rastall Tit. Iustices c. that the Kings Authority is superiour to all other his greatest Officers and subordinate Ministers of Iustice because their power is by Patent or Commission derived from his So we may from the selfe-same reason conclude that the High Court of Parliaments power the representative body of the whole kingdome is the most primitive soveraigne and greatest authoritie of all other yea larger and higher than the kings n Quiâ—quid â—fficit tale est magis tale nemo potest dare quod non habet are true in this case because it onely can enlarge the Kings prerogative whose originall or additionall Royalties proceede not from the king himselfe or his Ancestors owne inherent hereditary power for what king could justly without his peoples consents usurpe a Crowne or lawfull royall Prerogative to himselfe over an whole Countrey but meerely from the voluntary consent and grant of his people in the Parliament This is irrefragably evident not onely by the various o See Alex. ab Alexandro â— 3. c. 2. Facile perspici potest regni multa esse genera nec eandemimperii formam in omnibus esse regibus Regalis potentiae genâ—ra numero sunt quatuoâ— Aristot Polit. l. 3. c. 10. 11. See Dan. c. 8. 11. kinds of kings whereof some are of greater power and authority others of lesse some by Election others by succession by reason of their Subjects originall institution by the diverse alterations of the Monarchy in this kingdome which hath beene sometimes divided into 7. sometimes into 5. sometimes into 3. or two kingdomes and at last reduced unto one by the great changes and alterations made in all forraigne Realmes which have sometimes multiplied sometimes diminished the number and power of their Princes and sometimes quite abolished the royall forme of Government changing it into an Aristocraticall or popular rule by the divine Authority of S. Peter who in this regard calls Kings and their Supremacy a r 1 Pet. 2. 13 14. Alex ab Alexandro Gen. Dierâ—m l. 3 c. 3. l. 4. c. 23. humane creature or Ordinance of man because instituted limited and moulded into severall degrees of power by men over whom they râ—igneâ— by two expresse determinations of Aristotle in these termes s Politicorum l. 3. c 10. p. 209 2â—0 Regna patriis moribus legibus FVNDATA CONFIRMATASVNT And t Ibid l. 5 c â—3 p. 367. Verum Regnum est imperium majoribus praestantioribus viris VOLVNTAT â— CIVIVM DELATVM seconded by v De Officiis l. 2. Caeliâ—â— Rhodi Antiq. Lect l 8. c. 1 Alexander ab Alexandro Gen. Dierum l. 4. â— 23. Livie Hist Rom. l. 1. Sect. 17. p. 14. 15. l. 4 p. 144. 145. Plâ—â—archi Numâ—â—ompilius Tully Livie and others but likewise by Andrew Horne an eminent Lawyer in Edward the 1. his raigne in his Myrroâ—r of Justices Chap. 1. Sect. 2. p. 7. 8. 9. where he thus writes of the originall institution of our English Monarches After that God had abated the Nobility of the Britans who rather used force then right he delivered it to the most humble and simple of all the neighbour Nations the Saxons who came from Germany to conquer it of which Nation there have beene 40. Kings all which held themselves to have COMPANIONS These Princes called this Land England which before was named Greater Britain These after great warres elected from among them a King to Raigne over them to governe the people of God and to maintaine and defend their persons and goods in peace by the Rules of Law or Right And at the beginning they caused the King to sweare that he will maintaine the holy Christian faith to the utmost of his power and guide his people by p See Mathew Paris Speed Holinshed Grafton and others Law without respect to any person and shall be obedient to suffer or undergoe Law as well as others of his people And afterwards this Realme was turned to an heritage according to the number of his Companions who divided the Realme into 38. Counties and delivered each one a County to keepe and defend from Enemies according to every ones estate And although the King ought to have no Pâ—â—res in the Land yet because if the King of his owne wrong should offend against any of his people neither he nor any his Commissaries can be both Iudge and Party OF RIGHT IT BEHOVES that the King should have q Livie Hist Rom. l. 1. Arist Polit. l. 2. c. 8. Goodwins Rom. Aâ—tiq COMPANIONS for to heare and determine in Parliaments all the Writs and Plaints of the wrongs of the King the Queene and their children and of those especially of whose wrongs they could noâ— otherwise have common right These Companions are now called Counts after the Latine Comites and so at this day these Countries are called Counties and in Latine Comitatus c. Henry de Bracton who writ in Henry the 3. his raigne as in his forecited Passages so in others resolves x Lib. 1. c 8. f. 5. lib. 3. c 9 f 07. That the King is under the Law because the Law makes him a King by giving him dominion and power Now how doth the Law thus make him a kâ—ng but by the Parliament the kingdomes great Counsel by whose counsell and consent alone all Lawes were first enacted and yet are as the y Hujusmodi leges Anglicanae cum â—uerâ—m approbatae Sacramento Regis confirmatae mutari non poterunt c. Idem l. â— c. 2 f. 1. 6. same Author informes us who further addes That the King ought to be under the Law because Christ whose Vicar he is on Earth when he came to redeeme mankinde made choyse of this way especially to destroy the workes of the Devill using not the strength of his power but the reason of his iustice and so would be z Gal. 4. 4. â— under the Law that he might redeeme those that are under the Law Thus the Virgin Mary the mother of our Lord who by singular priviledge was above the Law yet to shew an example of humilitie refused not to be a subiect to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater then he in the Kingdome in the exhibition of Iustices yet he OVGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING IVDGMENT if he require it b â—ract â—â—â— 3. c. 9. f. 107. lib. 1. c. 8. f. 5. l.
their mutuall assents alone and as these private By-â—awes obligâ— all those who consent to them by reason of their owne free assents onely so doe all publike Acts of Parliaments obliâ—ge all Subjects onely because of their generall assents to them in their Knights Citizenâ— and Burgesses elected by and d See â— â—ac c. 1. representing their persons Thirdly all e 33. H. 6. 17. Br. Parli 4. M. Hackwell of Pasâ—â—ng Bills Cromp. Iuris â— 8. Chron. of Ireland f. 127. â—â—â— 30. Acts of Parliament are usually made framed altered thrice read engrossed voted and fully agreed upon in both Houses without the Kings personall knowledge or privity for the most part before they come to have his royall assent And when they are thus agreed on by both Houses the king cannot alter any one word or letter in them as the Houses may doe but must either absolutely assent to or consider further of them as the Houses tender them And if the king send any Bill he desires to have passe it must be thrice read and assented to in both houses which have power to reject aâ—ter enlarge or limit it as they thinke meete else it can be no Act at all Aâ— cleare demonstration that the chiefe power of enacting and making Lawes is onely in the people Commons and Peeres not the king who by his Writ doth purposely sommon them to meete anâ— enact Lawes as the chiefe Legislators witnesse this notable clause in the y Cromp. Iuris of Courts f. 1. 2. and at the end of the Manner of â—olding Parliaments in England Writ for the Election of Knights Burgesses Ita quod iidem Milites plenam safficientem â—oteâ—â—atem pro S E COMMVNITATE Comitatus praedicti dicti Cives Burgenses prâ— se COMMVNITATâ— Civitatum Burgorum praedictorum divisim ab iâ—sis babeant AD FACIENDVM Eâ— CONSENTIENDVM HIS quae â—â—ne ibidem DE COMMVNI CONSILIO DICTI REGNâ— not Regis nostri contigerint ORDINARI super negotâ—â—s antedictis Ita quod PRO DEFECTâ— POTEST ATâ—S HVâ—VSMODI c. dicta negotia INFECTA NON REMANEANT quovâ— modo answerable to which is that clause in * Pope Elutherius his Epistle to our first Christian king Lucius about An. 185. Exillis Deigratia PER CONSILIVM REGNI VESTRI SVME LEGEMâ— per illam Dâ—i potentia vestrum reges Britaniae regnum Fourthly all publicke Acts are the whole Kingdomes Lawes made principally and solely foâ— the subjects benefit if good their prejudice if ill therefore the whole kingdome represented iâ— and by both Houses not the king knowing much better what is good or bad for themselves theâ— the king alone it is z See â—â—tv before just and reasonable that they and not the king should be the principalâ— Law-makers to binde or buâ—then themselves with any new Lawes penalties or restraints Fifthly it is cleare that all Acts which give any Subsidie Tax Penalties or forfaitures to the king are made onely by the people in Parliament and not principally by the king since the king cannoâ— be sayd in any propriety to give any thing to himselfe This is undeniable by the forme of penning all subsidie Bills granted by the Commons or Clergie Your Commons assembled in your Higâ— Court of Parliament c. humbly present your Majestie with the free and cheerefull gift of two intire sâ—bsidies which we humbly beseech your Majestâ—e graciously to accept c. Your Majesties faithfull subjects the Prelats and Clergie c. with one agreement and uniforme consent have given and granted and by these presents doe give and grant to your Highnesse c. foure intire Subsidies in manner and forme as followeth And by the kings assent to these Bills a Hackwâ—ls passing of Biâ—s sect 8 p. 78 Le Roy remercy ses Loaulz subjects accept LOVR BENEVOLENCE c. the Commons having the sole power to grant or deny b See Rostal Taxes and Tenthes The Acts of Subsiâ—ies 21. Iac â—â—is present Parliament Speed p. 745. Subsidies and Taâ—es when they see cause and to limit the proportion of them the manner and time of paying them and to order how and by whom they shall be received and imployed aâ— all Acts of this Nature â—anifest If then they be the chiefe Law-makers in these Acts which layâ— any imposition â—pon the Subjects goods or restraint on his person then by like â—eason in all other penall publik Lawes Sixâ—ly All Acts of Paâ—liaments made in the raignes of â—surpers who have no Title to the â—rown nor right to assent to Lawes are c See 1. E. 4. c 6. 4. E. 4. 10 9. E 4. 1. 2. â—r Charters dâ—â—ardon 22. 13. Eliâ— c. â— firme and good in Law and shall binde the right heires to the Crowne as iâ— evident by the Lawes made by king John Henry the 4. 5. 6. reputed usurpeâ—s by Edward the 4. and Richard the third acknowledged an usurper whose Lawes are yet in force The reason is as is cleare by 1. E. 4. c 6. because the Lawes and all other Iudiciall Acts in Courtâ— of Iustice are the Acts of the Parliament and Courts themselves which are lawfull not of the king who is unlawfull Therefore certainely the Legislative power is more in the Parliament thenin the king if not wholly in it there being Lawes and Kingdomes before kings were Seventhly admit the king should dye without heire no doubt the kingdome and Parliament have a just right either to alter the government or dispose of the Crowne to what familie they please as â—he constant practise of all kingdomes in such cases manifests and d The trâ—e difference c. part 3. p 416. Bishop Bilson himselfe assureth us that all Nations once members of the Roman Empire when the right heires failed were suffered to elect their Governours where they pleased as the Romans themselves might doe and no doubt they might make binding publike Lawes during the Inter-regâ—um yea if the king be an infant as Henry the 3. Henry the 6. Edward 3. 5. and Richard 2. with other ouâ— kings were when the Crowne â—escended to them or non Compos Mentis or taken with a dead palsie or Apoplexie or an Ideot by â—irth or Age or a Monkeprofessed as e Fox Actâ— Monument vol. 1. p. 173. Speeds Hist p. 244. some kings have beene or absent in a Pilgrimage to Rome or â—â— voyage to the Holy Land or other remote forraigne Parts by reason of warres as f See Nubrigenfis Speed Holinshead Mat. Westmâ— and others in the lives of R. 1. H. 1. 2. 3â— 4. 5. 6. 8. Ed. 1. 2. 3. 4. divers of our Kings heretofore have beene and so unable personally to consent to lawes no doubt in all such â—ases the right of creating a Protector to executâ— regall power sommon Parliaments assent to Lawes is â—nely in the g Walsingh Hist Angl. A. 1422. p. 458. Speed p. 1108. Grafton p. 496. 447. 648. Fabian p.
Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like â—o receive from this Popish Army the late Gunpouder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safetiè the Kingdome may expect in Church or State whiles Popery and Papists have any armed power or being among us f In his Sermon there Mar. 24. 1615. p. 43 44. Doctor John White hath long since proclaymed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it bath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the great his time but the Pope and his ministers have had a hand in it All that these ill advisers to colour their close g See Plaine English designe of reestablishing Popery principally intended can alledge Obj. Crimination 1. for arming Papists against Law is That the Parliament hath traytorously invaded the Kings Prerogatives in a high degree claymed a power and jurisdiction above his Majesty in sundry particulars and â—surped â—o its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolencies and reduce the Parliament to its due limits his Majestie is now necessited to raise an Army and pray in avde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall in this service To answer which pretence more fully though it be for the maine of it most palpably false yet by way of admission onely I shall suppose it true and with all possible brevitie manifest That Parliaments Prelates Peeres and Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of â—ll others have least cause to taxe the Parliaments proceedings and those ill Counsellors small reason to imâ—loy Answ or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its h The observations A suller answer to Doctor Ferne with others Advocates with its approbation affirme that â—e Parliament being the representative body of the whole Kingdome is in some respects of greater power and authoritie â—hen the King who though he be singulis major yet he is universis minor which is contrary to the oath of supremacy wherein every Subject * 1 Eliz. ch 2. doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SVPREAME GOVERNOVR of this Realme c. as well in all spirituall or Ecclesiasticall causes as Temporall â—nd a kind of unkinging his Majestie no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broaâ—hers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his â—eigne lib. 2. cap. 16. f. 34. a. resolves thus i Rex habet superiorem Deum c. Item legem per quam factus est Rex-Item Curiam sâ—â—â— viz. Comites et Barones quia Comites dicuntur quasi socis Regis qui habet socium habet mâ—â—istrum Et ideo si Rex fuerit sine franâ— i fine lege DEBENTEI FRAENVM IMTONERE c. But the King hath a SVPERIOVR to wil God Also the Law by â—hich he is made a King likewise his Court namely the Earles and Barons because they are called Comites as being â—e Kings fellowes or companions and he who hath a fellow or associate hath a Master and therefore if the King shall â—e without a bridle that is without Law they OVGHT to impose a bridle on him unlesse they themselves with the King â—all be without bridle and then the Subjects shall ery out and say O Lord Jesus Christ doe thou bind their jawes with it and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are â—bove the King and ought to bridle him when he exorbitates from the Law which he also seconds in some sort â—b 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes and after times that in the great Councell of Basil Anno 143â— when this mighty question was debated whether a Pope were above a generall Councell or a Councell above him such a Councell was at last resolved to be above the Pope upon this reason among others k Fox Acts Monume Edit 1641. Vol. 2 p. 879 880. Aeneas Sylvius de gestis concilii Basiliensis Surius concil Tom. 4. The Pope is in the Church as a King is in his Kingdome and for a King to be of more authority then his Kingdome it were too absurd Ergo Neither ought the Pope to be above the Church In every well ordered Kingdome it ought specially to be desired that the whole Realme should be of more authority then the King which if it happened contrary were not to be called a Kingdome but a Tyranny And like as oftentimes Kings which doe wickedly governe the Common-wealth and expresse cruelty are deprived of â—heir Kingdomes even so it is not to bee doubted but that the Bishop of Rome may be deposed by the Church that is to say by the generall Councell At the beginning as * Lib. 2. Cicero in his Offices saith it is certaine there was a time when as the people lived without Kings But afterwards when Lands and possessions began to be divided according to the Custome of every Nation then were Kings ordained for no other causes but onely to execute justice for when at the beginning the common people were oppressed by rich and mighty men they ran by and by to some good and vertuous man which should defend the poore from injury and ordaine Lawes whereby the rich and poore might dwell together But when as yet under the rule of Kings the poore were oftentimeâ— oppressed Lawes were ordained and instituted the which should judge neither for hatred nor favour and give like eare unto the poore as rich whereby wee understand and know not onely the people but also the King to be subject to the Law For if wee doe see a King to contemne and dispise the Lawes violently rob and spoyle his Subjects dâ—flower Virgins dishonest Matrons and doe all things licentiously and temerariously doe not the Nobles of the Kingdome Assemble together deposing him from his Kingdome set up another in his place which shall sweare to rule and governe uprightly and be obedient unto the Lawes Verily as reason doth perswade even so
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 appointeâ— day sending the King word by solemne messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovians out of his Court which if he refused they all of them by the common consent of t 〈…〉 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 greaâ— 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 â—e ought t 〈…〉 settle the peace order the Councels and dispose the affaires of his Kingdome The Bishop of Winchester ofâ—ended it seemes at Peers takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Justiciars as himselfe pleaseth â—o ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent â—peech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellors of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse â—ot themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that perâ—urbed â—he peace of the Realme and so the hoped accommodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces sell pell mell upon the Kings Army slew divers of his forâ—einers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund â—rchbishop of Canterbury elect with other suffragan Bishops bewayling the estate of the Kingdome presented themselves before the King at Westminster telling him as his loyall liegemen and O that some Bishop or faithâ—ull person if there bee any such about his Majestie would now deale thus clearely with him touchâ—ng his evill Counsellors That the Councell of Peter Bishop of Winchester and his complices which now he had and â—sed was not sound nor safe but euill and dangerous to himselfe and his Realme First for that they hated and deâ—ised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the peoâ—le from him as in the Earle Marshall whom being one of the wortâ—iest men of the Land by sowing false tales they â—rave into discontentment Secondly that by the Counsell of the said Peter his Father King John first lost the hearts of â—is people then Normandy then other lands and finally wasted all his treasure and almost England also and never afâ—er had quiet Thirdly That if the Subjects had now beene handled according to justice and law and not by their ungodâ—y Counsels these present troubles had not happened but the Kings lands had remained undestroyed his treasure unexâ—austed Fourthly that the Kings Councell is not the Councell of peace but of preturbation because they that cannot â—aise themselves by peace must raise themselves by the troubles and disinherison of others Fiftly That they had the Trea 〈…〉 re Castles Wardships
and strength of the kingdome in their hands which they insolently abused to the great hazard â—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 admâ—nish â—ou to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faithâ—ull and sworne children thereof To which the King in briefe answered That he could not suddainely put off hâ—â— Councell and therefore prayed a short respite Nothing â—ad hither to preserved the King more Then that he could â—ithout griefe forgoâ— any favorities if he were nearely pressed the contrary quality whereof hath beene the cause of â—iâ—all desolation to so many Princes For though choyce of Counsellours ought to be free yet by common inâ—endment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love â—f a whole Nation rather then to relinquish or diminish a particular dependance for which the publique must not be â—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 deâ—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 â—r Peter Rivales his Treasurer he was so vehemently incâ—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 â—ake thus to him O ihou Traytor by thy wicked advise I was drawne to set my Seale to those treacherous Letters â—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 â—nâ—rprise I wasted my Treasâ—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 Kingâ—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 contentâ—ent and the reestablishment of our peace in truth and righteousnesse To end the point proposed * Walsingh Histâ— 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 Parliaâ—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 aâ—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 â— 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 froâ— their Allegiance to him untill he should confirme to them by a Charter ratified with his Seale all things which thâ—â— required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleevâ—â— 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 enforceâ— 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 â—â— be the Conservators of their Priviledges who by the Kings appointment though much against his liking â— afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe thesâ— 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 obeâ— 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 aâ—â— the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea Ports â—â— 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 weâ—â— these That the King should firmely keepe and conserve the Charter and Liberties of England which King John â— Father made granted and ratified with an Oath and which himselfe had so often granted and sworne to maintaiâ— inviolable and caused all the infringers ofit to be horribly excommunicated by all the Bishops of England in hâ— owne
presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be maâ— their Chiefe Justice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honor of the King and kingdome To these their necessaâ—â— Councels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not defisâ—â— prosecute their purpose neither for losse of money or Lands nor love nor hare no nor yet for life or deaâ— of them or theirs till they had cleared England to which they and their forefathers were borne from up starts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely arme that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath aâ— his Sonne Prince Edward also that he would submit â—o their Councels and all those their Ordinances fâ—â— feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Whiâ— done all the Peeres and Prelates tooke their Oath To be faithfull to this their Ordinance and made all whâ— would abide in the Kingdome to sweare they would stand to the â—ryall of their Peeres the Arch-bishopâ— and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger Brother comming soone after into England to visit the King and his owne Lands the d Matth. Par. p. 952 953. Spe. p. 636. Barons enforce him according to his promise sent them in writing before his arrivall to take this Oath as soone as he laâ—ded in the Chapter-house at Canterbury Heare all men that I Richard Earle of Cornewall sweare upon â—â— holy Gospels to be faithfull and forward to reforme with you the kingdome of England hithertâ— by the councell of wicâ—ed men so much deformed And I will be an effectuall coadjutoâ— to expell the Rebels and troublers of the Realme fâ—â— out of the same This Oath will I observe under paine to for feit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their â—â—risdictions to preserve themselves and the Kingdome from slavery and desolation whom Matthew Paris â—â— continuer for this service stiles e History Angliae p. 95â— Angliae Reipublicae Zelatores the Zelors of the English Republicke Neithâ— is this their example singular but backed with other presidents In the second and third yeares of King Eâ—ward the second f Walsing â—pâ—digma Neust An. 1309 1310 Hist Ang. p. 70. to 77. S. p. 608. c. with Holin Stow. Graf How and others Fâ—x Act. Mon. vâ—l â— Ed. ult p. 480 481. Piers Gaveston his great proud insolent covetous unworthy Favorite miscounselling aâ— seducing the young King from whom he had beene banished by his Father and swaying all things aâ—â—â— pleasure the Peâ—res and Nobles of the Realâ—e seeing themselves contemned and that foraine upstart pâ—â—feâ—red before them all came to the King and humbly entreated him That he would manage the Affaires of â— Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incâ—â—bent dangers the King Voce â—enus consented to them and at their instance summoned a Parliament at Londâ—â— to which he commanded all that ought to be present to repaire Where upon serious debate they earnâ—â—ly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and â—o the Church of England The King imagining that they would order Piers to be banished a loâ—â— time denyed to grant their demand but at last at the importunate instance of them all he gave his assent aâ— swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Archbishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against all who should contradict these Articles which they caused to be openly read in Pauls Church London in the presence of the Prelates Lords and Commons of the whole Kingdome the King being present Among which Articles they demanded That Magna Charta with other provisions necessary to the Church and Realme should be observed that the King â—s his Father had commanded should thrust all Strangers out of his Court and kingdome and remove ill Councellours â—â—om him That he would thenceforth order all the affaires of the Kingdome by the Counsell of the Clergie and Lords â—nd begin no warre nor depart any where out of the kingdome without common consent The King notwithstanding â—ll these things seemed hard and insupportable to him consented to the Articles and banished Piers into â—reland No * Note the credit of Princes Regall promises and Protestations sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations â—ogether with his owne Oath never to reduce Piers sends for him backe to his Court marryeth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe â—o retaine this Gaveston maugre all his Earles Barons and for the love of him to put his Crowne and life in â—erill when time should serve In which whither the King or his favourite shewed lesse discretion it is not â—t the first easily determined it being as unsafe for the one with so offensive behaviour to affect immoderate â—â—ew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon â—he Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the â—arons message to the King by common consent That he should banish Piers from his company and observe the â—ffect of the foresaid Articles or else they would certainely rise up against him as a perjured person by a like vow which â—peech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring â—p if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third â—â—me abjure the Realme with this proviso that if at any time afterward he were taken in England he should â—e forthwith put to death as a perilous enemy to the Kingdome yet he returning in Christmas to the King at Yorke the Lords spirituall and temporall to preserve the Liberties of the Church the Kingdome and remove this â—iper elected Thomas Earle of Lancaster for their Generall and sent honourable messengers to the King reâ—uesting him
but beauty also and ornamenâ— writes John Speed After all this i Walfing Hist Ang. p. 349. to 400 â—podigm Newstriae p. 144. to 158 Speed Hist p. 747. to 762. Holin Graft Stâ—w Fabian Caxton and others King Richard the second in the ninth yeare of his reigne summoned a Parliament whereâ—â— Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by thâ— Parliament and the Seale taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for thâ— defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill counsellors to the Court shewing them greater favour then before In so much that at Christmas the King madâ— de la Pole sit at his owne table not in the usuall garment oâ— a Peere but of a Prince out of a stomacke and hatred againâ—â— the Peeres whom from thenceforth he never regarded but feinedly and then fals to plot the death of the Duke of Glâ—cester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Noâ—â—ing haâ—â— Castle with a few persons generally ill-beloved ill-advised and ill-provided The course agreed upon by thâ— King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speâ—â— seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumâ—â— the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters thâ—â— under a shew of justice they should be proceeded against accordingly The Lawyers who were the very meâ—â— which in the last Parliament gave advice to the Lords to doe as they did now meering were demanded Whether by the Law of the Land the King might not disaâ—ull the Decrees of the last Parliament They joyntly answeâ—ed he might because he was above the Lawes a most apparent errour confessing that themselves had in thâ— Parliament decreed many things and given their judgement that all was according to Law which they acknowledgâ— to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withaâ—â— sends for the Sheriffs of Shires to raise Forces against the Lords who denyed saying that they could not raisâ— any competent Forces or Armes against them the whole Counties were so addicted to their favours and being furtheâ— willed to suffer no Knights to be chosen for their shieres but such as the King and his Counsell should name they aâ—swered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good president for our present Sheriffes whereupon they were dismissed Then were the Lawyeâ— and Judges Robert Tresilian and his companions called before the King to determine the judgements of Treason against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if neede weâ—â— against the Lords in the day of battle * Note this Many of which answered that they neither could nor would stand against thâ— Lords whom they knew for certaine intimately to love the King and to endeavour all things study all things doe aâ—â— things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kingâ—â—oâ—â—ce The Lords hearing of these proceedings were much sadded being conscious to themselves â—â— no 〈…〉 â—â—rthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop â—â— London to the King wâ—o inclining to credit the same was in an evill houre diverted by de la Pole â—he Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which â—ey severally gather forces that they might present their griefes to the King How he favoured Trayâ—rs not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speeâ—ly prevented The King on the other side by Trayterous CoÌ„unsellours advise sought how to take â—em off single before they were united but in vaine by reason their party was so great Meane time â—me peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thiâ—er approaching they are advertised by some who had sworne on the Kings behalfe for good deaâ—â—g to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which â—ithout the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre Knights were reported to have â—â—d for their destruction attended in ambush The King sweares his innocency promising safe conâ—â—ct to the Lords if they would come who thereupon came strongly guarded and would trust no longer â—he King sitting in royall State in Westminster Hall the Lords present themselves upon their knees before â—m and being required by the Lord Chancellour Why they were in warlike manner assembled at â—aring gye Park contrary to the Lawes their joynt answer was That they were assembled for the good of the â—ing and kingdome and to weed from about him such Traytors as be continually held with him The Traytors â—ey named to be Robert de Vere Duke of Ireland Alexander Nevill Archbishop of Yorke Michael de â— Pole Earle of Suffolke Sir Robert Tresilian that salse Justiciar Sir Nicholas Brambre that false Knight â— London with others To prove them such They threw downe their Gloves as gages of challenge for a triâ—l by the Sword The King hereupon replyed as knowing they were all hidden out of the way This â—all not be done so but at the next Parliament which shall be the morrow after Candlemas all parties shall â—ceive according as they deserve And now to you my Lords How or by what authority durst you presume to levy â—orces against me in this Land did you thinke to have terrified me by such your presumption Have not I men and â—mes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of â—u all no more then of the basest Scullions in my Kitchins Having used these and many like high words â—e tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The â—st of the conference was calme and the whole deferred till the next Parliament then shortly to be holâ—â—n at Westminster In the meane time that the world might see how little able the King was to equall â—s words with deeds a Proclamation was set forth in which the King before any tryall cleareth the â—ords of Treason names those persons for unjust accuâ—ers whom the Lords had before nominated The â—ords neverthelesse thought not good to sever themselves but kept together for feare of the worst which
â—ll out for their advantage For the Duke of Ireland with the Kings privity such was his false dissimâ—â—tion had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke â—ew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare Aâ—ong the Dukes carriages was found as the devill or rather God would have it certaine Letters of the â—ings to the said Duke by which their Counsells were plainely discovered The Lords hereupon â—arch with speed up to London having an Army of forty thousand men the Lord Major and City doubtâ—ll whether to displease the King or Lords upon consultation receive the Lords into the City and supâ—y their Army with provisions in the Suburbs Which the King hearing of seemed to slight them sayâ—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 â—uses and then I shall speake with and judge them one after another The Lords hearing this were exceedâ—gly moved and swâ—re They would never remove theâ—e till they had spoken with him face to face And â—rthwith sent some to guard the Thames lest the King should slip out of their hands and then scoâ—â—e at â—em The King being then in the Tower and seeing himselfe every way encompassed sent a message â—â— the Lords that he would treat with them who thereupon desired him That he would come the neâ—â—â—y to Westminster where they would declare their desire to him The King replyed That he would not treat â—ith them at Westminster but in the Tower To which the Lords answered That it was a suspicious place â—â—cause traines might there be laid for them and dangers prepared to destroy them Whereupon the King â—nt word They shâ—uld send thither two hundred men or more to search and view all places lest any fraud should â—e hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to â—â—m briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability â—d underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them â—gether with the French packeâ—s they had intercepted whereby it appeared he had secretly practised to flye with â—e Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the â—rowne of England held in those parts whereby his honour might diminish his strength decay and his fame â—erish The King seeing this knew noâ— what to doe especially because he knew himselfe notably â—eâ—ressed At last craving leave they left him confounded and shedding teares yet upon condition that â—e should come to Westminster the next day where he should heare more and treaâ—â— 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 substsâ—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 〈…〉 anâ—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 â—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 purposâ—ly aâ— 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
we also shew unto you that one old statute and laudable custome is approve 〈…〉 which no man can deny That the King our Soveraigne Lord may once in the yeare lawfully summon his high Cou 〈…〉 of Parliament and call the Lords and Commons thereunto as to that which is the highest Court of this Real 〈…〉 In which Court all equity and justice must shine even as the Sunne when it is at the highest whereof poore and ri 〈…〉 may take refreshing where also must be reformed all the oppressious wrongs exactions and enormities within t 〈…〉 Realme and there to consult with the wise men for the maintenance of the Kings estate And if 〈…〉 might bee knowne that any persons within the Realme or without intended the contrary there also m 〈…〉 bee devised how such evill weeds might be destroyed There also must be studied and foreseene that if a 〈…〉 charge doe come upon the King and his Realme how it may be well and honorably supported and sustained Hither 〈…〉 to it is thought by the whole Realme that your Subjects have lovingly demeaned themselves to you in ayding 〈…〉 with substance to the best of their powers and they desire to have knowledge how and by whom these goods be spe 〈…〉 One thing resteth yet to declare in their behalfe unto you * Notâ— The King should be present in Parliament once in 40. dayes how that by an old Ordinance they have an Act if t 〈…〉 King absent himselfe 40. dayes not being sicke but of his owne minde not heeding the charges of his people 〈…〉 their great paines will not resort to his Parliament they then may lawfully returne home to their houses And 〈…〉 sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discom 〈…〉 for t And our Parliaments present case To this the King answered by these words Well we doe con 〈…〉 der that the people and Commons goe to rise against us wherefore we thinke we can doe no better then to aske a 〈…〉 of our Cosin the French King and rather submit us to him then to our owne Subjects The Lords answered S 〈…〉 that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King 〈…〉 your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispo 〈…〉 you invade you and depose you from your estate royall then put any hand to helpe you c. And as th 〈…〉 King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconven 〈…〉 〈…〉 es be comne by the evill Counsell which are about you And if you put not your helping hand to the redresse â—he premises this Realme of England shall be brought to nought and utter ruine which clearely should be laid 〈…〉 our default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the 〈…〉 rld was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to 〈…〉 uester all such persons as might be the occasion of ruine either of you or else of your Realme By these good 〈…〉 swasions the King was appeased and promised within three dayes after to come to the Parliament and to 〈…〉 descend to their Petitions And according to his appointment he came Where soone after John Fordham 〈…〉 hop os Durham was discharged of the Treasurourship and the Bishop of Hereford ser in his place de la 〈…〉 le was put from his Chancellourship for divers crimes frauds briberies and treasons by him com 〈…〉 tted to the prejudice of the King and his Realme committed to the Tower and fined 20. thousand 〈…〉 rkes to the King in releeving of the Commons Divers other Judges Knights and Delinquents of all 〈…〉 t s were condemned and executed others banished and their states confiscated others put out of office 〈…〉 this Parliament as you may reade in our Histories and in the k 10. R. c l 11. R. 2. c. l 29 3 4 5 6. 2 R. 2. c. 2. 3. 12. Statutes at large in which Statutes the 〈…〉 schievous effects of these evill Counsellors to King Kingdome and people are at full related whereby 〈…〉 e King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords â—ayâ—g of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of 〈…〉 y pardon l See the Records of this Parliament published by order of both Houses Aug. 27. 1642. and their raysing of Armes against the Parliament and kingdome though with the Kings 〈…〉 ne consent and his command declared and enacted to bee high Treason These proceedings ratified 〈…〉 d assented to in Parliament by the King much against his will wrought an intolerable secret 〈…〉 tred and desire of revenge in his heart against the Lords which for want of power he concealed neare 〈…〉 yeares space but in the 20. yeare of his raigne being somewhat elevated in his spirit with a rumour 〈…〉 at he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke 〈…〉 d Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the 〈…〉 ples eyes lest they should riseup in Armes to rescue these Lords the King sent out a feigned Proclamation which he caused to be proclaymed throughout the Realme that these Lords were apprehended onely for 〈…〉 w Treasons committed against him for which he would he prosecute them in the next Parliament and not for the 〈…〉 trepasses After which he proclaimes those Lords Traytors Which done he summoned a m Grafion p. 329. c. Mr. Saint-Johns Speech 1640. p. 33. 1. H 4. No. 21. 21. 48. Parliament at Westminster to this Parliament the King commanded to 〈…〉 me all such as he had best confidence in omitting the rest and the Knights were not elected by the Commons 〈…〉 custome required they should be but by the Kings pleasure yea he put out divers persons elected and put in other 〈…〉 their places to serve his turne which was one Article objected against him when he was deposed Against 〈…〉 e time of this Parliament the King received a guard of 4000. Archers all Cheshire men as if he would 〈…〉 ve gone in battle against enemies so that divers came armed to the Parliament out of feare These 〈…〉 eshiere men were rude and beastly people and so proud of the Kings favour n As the Cavaliers do now that they accounted the 〈…〉 ng to be their fellow and set the Lords at nought though few of them were gentlemen but taken from the 〈…〉 ough and other trades After these â—usticall people had a while courted they grew so bold that they 〈…〉 uld not let neither within the Court nor without to beat and slay the Kings
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 pâ—pulatâ—tie smothered onely for their former actions which done the King adjourned the Par 〈…〉 ent to Shrewâ—bury where he subrilly procured an o 21. R. c. 12. Act to passe by common consent that tâ—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. Annâ— 1398. p 394 〈…〉 he state of the Parliament the disâ—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 wasâ—fully spent the Treasure of the Realme and had given the possessioâ—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 crafâ—ily devised certaine privy Oathes contrary to the Law and caused divers of his
Subjects f 〈…〉 to be sworne to observe the same anâ— after bound them in bonds for the firmer keeping of the same to the great 〈…〉 doing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times 〈…〉 wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth 〈…〉 the same Parliament which continued notwithstanding Richards deposition who summoned it 〈…〉 created King who in the q â— H. 4. c. 1. 2 3 4. first Parliament of his Raigne reversed and annulled as illegall the P 〈…〉 liament of 21 Rich. 2. with all its Acts Circumstances and dependants and revived that of 11 Rich. 2. 〈…〉 all points as made for the great honour and common profit of this Realme To these I might adde t 〈…〉 r Walsing hist Angl. p. 416. 417. Ypodig p. 168. 170. Pol. l. 8. c. 10. Caxt. p. 430. Hal Chr. par 1. f. 25 Hol. p 529. Speed p. 775. Maroin Fabian Grafion and others Rebellious insurrectious of Richard Scroope Arch-bishop of Yorke the Earle of Northumber land a 〈…〉 their Complices against King Henry the fourth Anno 1405. to reforme the State and government 〈…〉 lieve the Church and Common weale and Depose King Henry in and by a forced Parliament The Spee p. 486 Hunting lib. 8. insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forrests and 〈…〉 ther immunities of Church and Commonwealth which they would force him â—o confirme the severall k Walâ—ing ham Hist Angl. p. 258. to 281. Speed â— 849. c. 734. c. insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vulgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new ones of their nomination to ratifie what propositions they required and subvert the government of the Real 〈…〉 with the l Speed p. 1032 to 1049 1112. to 1120. See Hall Grafton Holinshed Howes Martin in the lives of H. 8. Ed 6. and Q. Eliz. severall Rebellions of the Popish Lincolne-shire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the 8 his raigne Of the Cornish men Norsolke men Ket and others in Edward the 6. his rule of the Popish Earles of Northumberland Westmoreland and other Northern Papists in Queene Elizabeths dayes by force of Armes to compelâ— these severall Princes to summon Parliaments to repeale all Lawes against Mosse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demaunded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both houses representing the whole Kingdome and against the generall consent of the people But I shall conclude with one ancient president more in one of our beâ—â— Kings reignes In 25. E. 1. m Walsig Hist Angl. p. 36 37 38. 39 40. 41. 42 44. 48. Ypoaigmâ— Neustriae p. 83. 84. 85. 86. 97. Cookes Magna Charta p. 530. to 580. The Lords and Commons in Parliament grievously complained and Petitioned to the King against divers taxes tallages and prisâ—ges wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forrest the imposition upon Woolls and their sommons to goe with him into Flanders to which they were not bound by Law The King excusing these taxes by reason of his necessity to mainetaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barrons of the Eschequor not to levie the 8. penny of the people granted to the King at S. Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the King should confirme Magna Charta and Charta de Forresta with the other Articles to them annexed that he should enact and take no ayds tax or tallage from the Clergie or Commons without their common consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his * Articuli sâ—per Chartaâ— Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeate of all those who should transgresse this Charter of his For which the Laity gave him the 9 and the Clergie the 10. penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his Reigne after some delayes he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-sommoning them at quinidena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to 3. Bishops 3 Earles and 3. Barrons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope 〈…〉 ereupon the King holding a Parliament at Stamford the 29. of his Reigne the Lords and Barrons repaired thither with great store of horses and Armes with a purpose to extort aâ—ull execution of the Charter of the Forrest hither to deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixtly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull sommons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publicke affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great a Surius Concil Tom. 4. p. 103 c. Fox Act. and Monuments vol. 1. â—dit ult p. 879 c Councils of Basil Constans and divers Popish * John White his way c. Sect 37 n. 30. p. 102 Writers that a generall Councell once lawfully sommoned by â—he Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution thâ—se Counâ—ells continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them to keepe themselves in their chaires This is apparent
2. c. 16. f. 24. That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a king cannot doe any thing else in earth seeing be is Gods Minister and Vicar niâ—â—id solum quod de jure a Luk. 2. 22. 23. 24. â—otest but that onely which he can doe by Law That God the Law and his Court to wit the Earles â—nd Barons in Parliament are above the King and ought to bridle him and are thence called c Comites viâ— quia a Comitatu â—ive a societate nomen sumpserunt qui etiam dicâ— possunt Consules a consulendo Reges enim tales siâ—â— associant ad consulendum regendum populum Dei. ordinaâ—tes eos in magna potestate honore nomine c. Idem l. â— c. 8. f. 5. 6. Coâ—ites because they are the Kings Companions Fleta an Ancient Law-booke written in King Edward â—he third his raigne lib. 3. c. 3. and 17. useth the selfe same words that Bracton doth and concludes â—hat the King hath a Superior to wit God and the Law by which be is made a Kiâ—g and his Court of Earles â—nd Barons to wit the Parliament d De Laudibus Legum Argliae c. 9. to 15. Fortescue a great Lawyer Chauncellor to King Henry the 6. â—roves at large That the King is not above but under the Law that be cannot alter the Law of Ergland â—or â—ay any Taxes at all on his Subiects but by Parliament That all lawfull Kings and Kingdomes were at â—â—rst created and erected onely by the unanimous free assent of the people that the kingdome of England is a Poâ—cie or Aristocraticall mixt Government not an absolute royall Soveraignety That the e Hanc potestatem â popâ—lo effluxam ipse habet c. p. 25. King hath his â—â—yall power DERIVED TO HIM FROM THE PEOPLE whereby it is unlawfull for him to â—le his people by any other power which he prosecutes in sundry chapters too tedious to transcribe â—nd in one word f Chap. 8. vol. â— pag. 173. Raphael Holinshed Iohn Vowell and others in their Description of England â—rinted Cum Privilegio resolve thus of the Parliaments power This House hath the most high and â—bsolute power of the Realme for thereby kings and mighty Princes have from time to time beene â—eposed from their thrones and Lawes are enacted and abrogated Offenders of all sorts punished and corâ—pted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE â—EALME and the place where every particular man is intended to be present if not by himselfe yet by â—s Advocate and Attorney For this cause any thing that is there enacted is not to be withstood but obeyed â—â— all men without contradiction or grudge and to be short all that ever the people of Rome might doe eiâ—â—er Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their assemblies had power to enact binding Lawes to create and elect â—â—eir Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes â—â— Officers and to * See Bodine l. 2. c 5. l. â— c. 10 Eutropius and Grimston in the life of Nero Maximinius Heliogabalits and others Livy Rom. Hist l. 1. â—â— change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authors resolution the Parliament hath an absolute power to doe the like when â—hey see just cause Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. â—nd Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but â—â— in the last Edition hath the same words in effect with Holinshead and addes that the Parliament giâ—eth forme of Succession to the Crowne c. Our kings royall power being then originally derived to â—hem conferred on them by the peoples and kingdomes common consents in Parliament and all their â—ew additionall Prerogatives too as the premises evidence it cannot be denied but that the whole â—ingdome and Parliament are really in this sence above him and the most Soveraigne prime power â—â—om whence all other powers were and are derived See Fortescue c. 9. to 15. Fourthly This is undeniable because the whole kingdome in Parliament may not onely augâ—ent but likewise * abridge allay abolish and resume some branches of the Kings royall power and â—â—erogative if there be just cause as when it becomes onorous mischievous and dangerous to the Subâ—ects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or â—he Lawes this is most apparant by Magna Charta Charta de Forresta Statutum de Prerogativa Regis De Tallâ—gio non-concedendo 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. â— 10. E. 3. c. 2. 3 14. E 3. c. 1. 14. 18. E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36. E. 3 c. 10. â— 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. â— 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 â—he Petition of Right 3. Caroli most Statuts against Purveyens Pardons Protections the Acts made this Parliament against Ship-money Knight-hood Forrest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the Continuance of this Parliament whiles they please with g See the Arguments against Ship-money and Impositions and the Declarations against the Commission of Aray sunâ—ry other Acts which restraine abridge repeale and resume divers reall and pretended branches of the â—ings royall Prerogative because they proved grievous and mischievous to the people and dangeous and pernicious to the kingdome This then answers that irrationall groundlesse position of Doctor Ferne That h Resolving of Conscience Sect 4. 5. the Subjects neither lawfully may nor ought in any case to resume al or any part of that Regall power wherewith they have once invested their Kings by common consent Which as it is contrary â—o that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That â—ll Governments created by mens consents may be altered diminished or repealed by their consents â—â— i See Ioshua Iudges Samuel Kings Chron. Daniel throughout â—saiah Ieremy Ezickiel in sundry chap. sundry Presidents and Prophesies in Scripture concerning the alterations the Subversions and Dimiâ—utions of kings and kingdomes to the constant practise of k See Sleidan de 4. or Imperiis Mat. West Livy Iustin Opmerus Purchas Chronicon â—hronicorum and all generall Histories all Realmes and States whatsoever from â—dam till this instant who have undergone many strange alteratians eclipses diminutions yea Peâ—â—ods of Government to the Resolution of l Polit. l.
2 3 4 5. Plato de Republica Bodius Common wealth The Repub of â—undry Nations Aristotle and al other Polititions who hold all formes of Government changeable and revocable without any injustice if necessâ—ry or convenient So likewise â—o the very end for which kings haveregall power as well as other Governours and Governments were ordained to wit their kingdomes peoples m Rom. 14. 1 to 6. 1 Pet. 2. 13. 14. 2 Sam. 5. 12. Aristotle Pol. l. 3. 4. 5. Caelius Rhodig l 8. c. 1. Bracton l. 3. c. 9. f. 107. welfare safety peace protection c. Salus pâ—puli being not onely that Suprema Lex but principall end for which all royall power was instituteâ— by God and man and to which they must submit in case it become in compatible or cannot consist together without dammage or danger to the publike safety what therefore that learned Father Augustine Bishop of Hippo long since resolved touching the now much contested for Lordly State of Episcopacie which he and neere 300. African Bishops more were then ready to lay downe for the Churches peace I may fitly apply to the now over much contended for supposed royall Prerogatives of kings to effect Peace in the State in these times of uncivill military that I say not bloody dissentions raised about them betweene king and Parliament An vero c. n Augustinus de Geftis cune Emerita Donatist Epis Tom. 7. pars 1. p. 782. 783. What verily did ouâ— Redeemer descend from heaven into humane members that we might he his members and shall we leâ—t his very members be rent in pieces with cruell division feare to descend out of our thrones we are ordained BP â— foâ— Christian peoples â—ake what therfore may profit them for Christian peace that let us do with our Bishoprickes Quod autem sum propter te sim si tibi prodest non sim si tibi obest What I-am I may be for thee if it profit thee I may not be if it be hurtfull to thee If we be profitable servants why do we envie theâ— eternall gaines of our Lord for our tempot all sublimities or Prerogatives Our Episcopall dignity will o See all Acts of Repeale and others which alter the common Law See Smiths Common-wealth l. 2. c. 2. 3. be more fruitfull to us if it shall more unite the flock of Christ then disperse it if retained If when I will retain my Bishoprick I disperse the â—lock of Christ how is the dammage of the flock the honour oâ— the sheapheard c. Old statute Lawes yea and the common Law of England may be and oft are repealed and altered by Parliaments though above the king and his Prerogative when they become mischieuous â—â— inconvenient therefore any branches of the kings Prerogative inferiour to these Lawes when they prove grievous or dangerous to the subjects It is the kings own professed Maxime in full Parliamen p At the end of the Petition of Right 3. Caroli Printed and inrolled by his speciall command in all his Courts That the Kings Prerogative is but to defend the Peoples Liberties when therefore it either invades or subverâ— them it may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded The Emperour q See Eutropius Sabellicus Grimston Speed others of his life Otho the first and our king Richard the second as r Speeds History p. 757. some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subiects blood by civill warres and settle peace within theiâ— Realmes and shall not other kings then most joyfully part with some Punctilioes of their reall oâ— branches of their supposed Prerogatives for the selfesame ends if their Parliaments see good cause to resume them and of right may doe it Fifthly The king though he be the chiefe and principall yet he is onely one member of the Parliament and kingdome the least because but one person though the highest branch the Lords and Commons not elected by but assigned Counsellors to the king by the kingdome and people being the greatest and most considerable part as representing the intire body of the kingdome Now common reason Law and experience manifests t See Br. Tit. Corporations that the whole or greatest part in all politique or naturall Bodies is of greater power Jurisdiction then any one particular member Thus in all our t Corporations the Court of Aldermen and Common Councell is of greater power then the Major though the chiefe Officer the Chapter of greater authority then the Deane the Deane and Chapter then the s Keckerman Systema Logic. l. 1. c. 22. BPP the whole Bench then the Lord chiefe Justice the whole Counsell then the President the whole Parliament then either of the Houses and by like reason then the king especially since one of the three Estates is lesser then the three Estates together who in Parliament by the fundamentall Constitions of the Realme are not v See the fuller answer to Dr. Ferne. p. 2. 3. Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination x Quod eorum qui rempublicam gerunt majori parti placueâ—it id est ratum ac â—â—mum Arist Polit. l. 4. c. 8. l. 3. that in an Oligarchie Aristocrasie and Democrasie whatsoever seemes good to the Major part of the Governours of the Common-wealth that is ratified and that it is unfit the part should be above the whole And in all Courts of Iustice Corporations and Elections y Br. Corporations 34. 8. H. 6. c. 7. the major part have alwayes had the greatest sway and constantly over-ruled the lesse though it be but by one casting voyce as is evident to all in the Elections of Knights and Burgesses of and votes in the Parliament in which the z 14. H. 8. f. 3. b. King Lords and Commons by the Common Law make up but one intire Corporation since then even in Parliament it selfe the Major part over swayes the rest yea the king himselfe who hath no absolute negative voyce but onely in refusing to passe some kinde of Bills not all of which more hereafter doubtlesse the whole or Major part of the Parliament which in Law is the whole is above the king the chiefe member of it Which consideration together with the Statutes of 5. R. 2. Stat. 2. c 4. 6. H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himself from the same Parliament till it be fully ended or proroged without speciall license of the Speaker of the Commons to be entred of record in the jornall Booke under paine of amercement losse of wages and other punishment nor * See the manner of holding Parliaments in England newly Printed London 1641 and Dyer f. 60. 2. any member of the upper House without that
houses license under paine a Major Pars est totum Brookes Corporations 34. Smiths Common-wealth of England l. 2. c. 3. â—f inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3. E. 3. 19. Fitz. â—orone 161. and Stamford l. 3 c. 1. f. 153 compleatly answers that fond cavill of the Malignants â—nd Royalists against this Parliament that the king and many of the other members have wilfully â—bsented themselves from the House of purpose to dissolve it if they could notwithstanding the late â—peciall Act made by their joyntconsents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and â—ogicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve â—oth Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these abâ—ent members be the greater number why doe they not come and over-vote the rest in the House in peaceable legall usuall Parliamentary way rather then challenge them into the field in a military â—legall unusuall bloody manner unheard of in former ages If the lesser party then present or abâ—ent the Major part must over-rule them volensnolens as it hath ever used unlesse they will be wilâ—â—ller I cannot say wiser then all their predecessors put together As for his Majesties absence from Parliament by the pernicious advise of Evill Counsellors so Object â—uch insisted on by Malignants I answer 1. That it was without any just cause given by the Parliament Secondly It was much Answ â—gainst their wills who have a See their Messages and petitions to the king to this purpose oft importuned petitioned and used all possible meanes to procure â—is returne 3. His absence was procured and is yet continued by those alone who most unjustly â—axe the Parliament for it and would take advantage of this their owne wrong Fourthly though â—e be personally absent as a man yet he is still Legally present in Parliament called the kings preâ—ence as he is a king as he is in al other his Courts of Iustice where all proceedings are entred b See Camdens Brit. p. 163. which stiles the Parliament the kings presence The Register of Writs Old New Natura Brevium old and new book of Entries Cookes Institures on Littleton f. 71. 6 Coâ—am Rege though the king never yet sate personally in either of them as he hath oft times done in his Parliament for the continuance whereof he hath passed such an Act as will inseperably tye his â—oyall presence to it though his Cavaliers about him should by force withdraw his person from it â—ot onely as farre as Yorke but the remotest Indies yea he must first cease to be king of England ere â—e can be legally absent from his Parliament of England This his wilfull personall absence from â—is greatest Counsell which desires and needes it is as many conceive an Act of the highest in justice â—hat ever any Prince could offer to his Parliament worse then a â— King 12. 2 Chron. 18. Rehâ—boams forsaking the counsell â—f his ancient Sages to follow the hare braind advise of his young Cavaleers for though he followâ—d not their ancient prudent counsell yet he withdrew not himselfe from them as his Majestie â—oth now sever himselfe from his Parliament not onely without but against all prefidents of his â—oyall predecessors except king b Richard the second who once absented himselfe from his Parliaâ—ent above 40. dayes yet then returned to it upon better advise and the very common custome and â—aw of the Land which he is obliged by his Coronation oath and many late protestations added â—o it constantly to maintaine This appeares most clearely by the ancient Treatise of the manâ—er of holding of Parliaments in England both before and since the conquest * See Minshes Dictionary Title Parliament f. 526. tendeâ—ed to and apâ—roved by the Conquerone himselfe newly printed 1641 which in the Section touching the kings â—bsence from Parliament resolves thus The king is BOVND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily â—icknesse and then he may keepe his chamber yet so as he lye not without the Manour or Towne â—t the least where the Parliament is held and then he ought to send for 12. persons of the greaâ—est t Grafton p. 348. 349. 350. and best of them that are sommoned to the Parliament that is 2. Bishops 2. Earles 2 Baâ—ons 2. Knights of the shire 2 Burgesses and 2. Citizens to looke upon his person to testifie and â—itnesse his estate and give A uthority to the Arch-bishop of the place the Steward of England â—nd chiefe justice that they joyntly and severally should begin the Parliament and continue the same â—â— his name expresse mention being made in that commission of the * Note this cause of his absence there â—hich ought to suffice The reason is because there was wont to be a cry and murmure in the Parâ—iament for the kings absence because his absence is hurtfull and dangerous to the whole commoâ—alty of the Parliament neither indeede OVGHT OR MAY HE BE ABSENT BUT ONEâ—Y IN THE CASE AFORESAYD And whereas Malignants clamour that most of the â—ords are absent as well as the king and therefore this can be no lawfull Parliament The same â—uthor will in forme them that if the Lords be once sommoned to Parliament and then appeare â—ot or absent themselves the king may hold the Parliament with the commonalty and commons â—f the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in Engâ—â—nd because he represents a whole county towne or city the other himselfe alone without Bishops â—arles or Barons because in times past before there was either Bishop Earle or Baron yet even â—hen kings kept their Parliaments but on the contrary no Parliament can be kept by the king and â—eeres if all the Commons for the kings misgovernment or such like cause should absent themâ—â—lves This is the judgement of r In Holinsheads Chronicle of Ireland f. 127. 128. Master John Vowel too who writes in this manner Yet neâ—â—rthelesse if the king in due order have sommones all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld â—â— any thing then the king with the consent of his Commons may ordain establish any acts or Laweâ— which are as good sufficient and effectuall as if the Lords had given their consents But on thâ— contrary if the Commons be sommoned and will not come or comming will not appeare or appeâ—ring will not consent to doe any thing alleaging some just weighty and great cause the King in thesâ— cases d Cromptons Iurisdiction of Courts f. 8. 4. H. 7. 18. 7. H. 7. 14. 11. H. 7. 27. Parliament
1. c. 2. 19. H. 6. 63 a. 64. b. 31. H. 8. c. 10. Dyer 60 a. Cookes Institutes on Littleton f. 109. 110. Writers resolve is the most high and abâ—olute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and amorg other Priviledges this is the highest that it is above the Law â—t selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and â—udgements whatsoever of the King or any other Courts of Iustice if they be erronious or illegall not onely without but against the Kings personall consent so far as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realm â—ested in his person that he t Fortescue c. 10. to 1â— Bracton l. 1. c. 8. l 3. c 9. Fleta l 1 c. 5. 17. Brooke Patents 25. 41. 12. 51. 53. 69 73. 100 Prerogative 15. 103. Commissions 15. 16. See Iudge Crooks and Iudge Huttons Arguments against Ship-money Petition of Right 3. Carol. Br. Parliament 42. and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power altar the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever norimpose the least taxe or common charge upon his people nor imprison their persons distraine s Sir Thomaâ— Smith of the Common-wealth of England l. â— c. 1. 2. Holinshed Description of England c. 8. p. 173. Cambdens Brittania p. 173. Iohn Vowels Order and usage how to keepe a Parliament in Holinsheads Chronicles of Ireland p. 101. to 120. Minshewes Dictionary Tit. Parliament their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potestas sua Juris est non Injuriae Nihil â—liud potest Rexin terris niâ—i ID SOLVM QVOD DE JVRE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King v Of the Common-wealth l. 2. c. 10. p. 159. Iohn Bodin that great Lawyer and Polititian resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes â—o all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince be bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as x l. 2. c. 16. f. 34. a. l. 1. c. 8. f. 5. b. Fleta l. 1. c. 17. Walfingham Hist p. 36 37. 40. Bracton and others forecited say our English King hath namely his Earles and Lords thence-stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or of the people he is then no Soveraigne Whence it followes that the Kings of England who cannot make any Law to obliege either all or any of their Subjects nor impose any * Taxes nor repeale any Common or Statute Law but in and by their Parliaments are no absolute Soveraigne Princes as some Royalists and Court Divines most falsly averre them to be but meere mixt Soveraignes inferiour to their Lawes and Parliaments the â—ole Law-makers and Law-alterers though not against but with the Kings assents considered not abstractively as Kings but copulative as a branch and member of the Parliament And indeede to speake impartially though the kings Royall assent y See Sir Thomas Smiths Common wealth of England l. z. c. 1. 2. 3. Holinshed Description of England c. 8. p. 173. Chronicles of Ireland p. 101. 102. M. Hackwels manner of passing B 〈…〉 Sect. 8. p. 74. Brooke Parliament 4. 107. 33. H. 6. 33. 33 H. 8. c. 21. Cromptons Iurisdiction f. 7. b. Br. Parliament 26. 39. 40 41. be generally requisite to passe and ratifie Lawes yet I humbly conceive that the originall prime Legislative power of making Lawes to binde the Subjects and their Posteritie rests not in the kings owne royall person but in the Kingdome and Parliament which represents it For first admit the king should propound any Lawes to his people as kings and Lawgivers usually did at first yet these Lawes would no wayes obliege them unlesse they voluntarily consented and submitted to them in Parliament and the sole reason why our Acts of Parliament binde the Subjects in former times and at this day is not because the king willed them z 4. H. 7. 18. 7. H. 7 14. 11. H. 7. 27. 33. H 6. 17. Bro. Parliament 4. 40. 76. 107. Cromptons Iurisdiction f. 8. but because the people gave their a Bro. Ancient Demesne 2â— 10. H. 7. 20. a. 33. H. 8. c. 17. generall consents unto them in Parliament as Sir Thomas Smith in his Common-wealth of England Holinshed the Prologues to most Ancient Statutes the King by the advise and assent of the Lords Spirituall and Temporall and Commons and at the speciall request of the Commons in Parliament assembled and by THE * See 2. 7. 8. 12. 14. 17. 4. H. 7. AUTHORITY OF THE SAME PARLIAMENT doth grant and ordaine c and all our Law-bookes resolve and that upon this received Maxi ne of Law Quod tangit omnes ab omnibus debet approbari The king doth but like the Minister in Marriage declare it to be a Law but t is the parties consents which makes the marriage and the people onely that makes it â— Law to binde them whence those in a Cook 7. â—â—luins case 7. H. 6. 35. b. Dyer 373. Br. Parliament 98. Scotland Ireland Man Garnsey â—â—â— Jerâ—â—e are not bound by our English Statutes nor we by theirs nor tenants in Ancient demesne because they consented not to them Therefore the chiefe Legislative power is in the people and both Houses oâ— Parliament not in the king as it was in the Roman State Where the b Livy Hist â— 1. 2. Bodin Common-wealth â— 1 c. 10. people had the Soâ—eraigne Iurisdiction of making and confirming Lawes to binde them not their Kings Emperours oâ— Senate as I shall hereafter manifest Secondly this appeares by the case of c Fiz Assise 413. Avowry 74. Praescriâ—â—ion 67. Broo Custome 31. Co. 5. Rep. f. 63. 64. 67. 68 Kitâ—chin 45. 73 â—0 Customes and By-Lawes in Corporations and Manoâ—â—s which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of
470. Hall f. 176. to 183. Hovâ—den Annal. pars posterior p. 702. 703. 705. 706. Parliament which may in these cases make any publike Acts without the kings personall â—resence or assent and the assent of the Regent or Protector usually created by them shall as firmely â—inde the king as if he had personally consented as is evident by all the Acts of Parliament passed â—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 1â— Richard the 2. who was but 11. yeares old Henry the 6. who was not 9. moneths old Edward the 5. â—ut 12. yeares Henry the 8. not 18. yeares Edward the 6. but 9. yeares of age when they began theiâ—â—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 â— 702. 703. 705. 706. Richard the â— Edward the 1. 2. 3. 4. Henry the 3. 2 3 4 5 6 and others out of the Realme all good as apâ—eares by 28. H. 8. c. 17. which altered and 33. H. 8 c. 22. which declareth the Law in these particuâ—ars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-â—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 â—e veult The King wills or â—ssents â—o it not before but after they have passed both Houses imports which assent of his if the Bills â—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 â—ertue of his â—oronation Oath is bound to give as appeares by the Prefaces of most statutes the staâ—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 â—oth the Houses not the king Ninthly this is apparant by those Coronation Oathes which Parliaments and the kingdome in * See Edward â—he â—onfessors Lawes c. 17. in Laâ—bard and Fox king Edwards dayes even before the Coâ—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. Eadmerâ—s Hist l. 1. p. 13. 14. Maâ—â—aris Hist p. 12. 13. Speed Hist p. 456. Graften p. 21. 22. Malmesâ—ury l. 4. p. 119. 120. After the death â—f William the Conquerour William Rufus his younger sonne in the absence of Robert the elder broâ—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 Lanfranâ—e Archbishop of Canterbâ—ry his Tutor that â—f they would make choise of him for their king he would abrogate the over-hard Lawes of his father and â—romise to observe justice equitie and mercy throughout the kingdome in every businesse and defend the â—eace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions â—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. â— Iohn Voâ—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 â—â—â—â—ill all his promises Many of the Nobles levyed warre against him adopting Robert his elder Brother king b Mat. Paâ—â—s p. 52. 53. â—4 Eadmerus Hist l. 2 p. 55. Wil. Masmes â— 5. p. 1â—6 H. â—untin l. 7. p. 378. Roger Hoveden Annal pâ—â—s 1. p. 4â—8 Polych â—â— c. 11. Fâ—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 otheâ—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 crowneâ— king And because the kingdome was oppressed with unjust exactions â— out of respect to God and the love I beare towards you all make the Church of God free c. and all the evill customeâ— 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 Eâ—wards Lawes with those amendments of them which his father made by the consent of hiâ— 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 otheâ— crimes Henry deceasing c Mat. Par Hist p. 73. Malâ—es Novellae Hist l. 1. p. 178. 179. 180 Henry Hunti l. 8 p. 386 387. Hoveden p. 481 482. Mat. West Aâ—. â—â— 36 p 35. Speed p. 483. 484. Graf p â—1 42 Maude the Empresse his right heire to whom the Prelates and Nobleâ— had sworne fealty in her fathers life time was put by the Crowne by the Prelates and Barrons whâ— thought it
had sworne After â—hich he rightly setled the affaires of England by the counsell of his Nobles and then passed over inâ—o Normandy But how ill he kept this his Oath and others of this Nature and how he violated the â—tatutes of Magna Charta and Dâ— Forresta which he had confirmed with his hand seale oath Proâ—amations the Bâ—shops Excommunications and the Popes Bull within three monethâ— after he had on firmed them and procured a dispensation of his oath and abrogation of these Lawes making â—loody warres upon his Barrons and Subjects who confiding to those confirmations and royall proâ—ises expected no such strange performances spoyling robbing and destroying his people every â—here in the selfe-same manner as we now are plundered * See before p. 5. 8. Graf p. 11. Mat. Paris pâ— 243. to 247. worthy reading and consideration the Histories of his life too manifestly â—â— late which oft put his Crowne in danger of utter losâ—e Lewis of France being crowned king by the â—â—rons in his steed who renounced their allegiance to him for his perjuries and breach of faith and â—aking warre upon them John departing this life his sonne Henry being but 9. yeares old was proâ—aimed king through the peâ—swasion of the Earle Marshall and of Pembroke afterwards made his â—rotector who informed the Lords and Commons h Fox Acts Mon. Ed. tâ—lt v. 1. p. 334 Speed p. 591. that though King Iohn for his evill demeanors â—eserved their persecution and lâ—sse of his crowne yet his young child tender in yeares was pure and innoâ—nt from his fathers doings Wherefore â—ith every man is to be charged with the burthen of his owne transâ—ressions neither shall the child as scriptures teach beare the iniquity of his Fathers they oâ—ght of duty â—nd conscience to beare themselves â—ildly towards this tender Prince and take compâ—ssion of his age And â—r as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt â—llistance APPOINT HIM our King and Governour let us renounce from us Lewis the French kings â—onne and suppresse his people which are a confusion and shame to our Nation and the yoakes of their Serâ—itude let â—s cast from our shoulders Vpon which perswasions Henry was presently proclaimed and crowned king at Glocesler And though he were but an infant yet being i Mat. Paris p. 278. 305. set before the High Altar he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques Ioceline Bishop of Bath dictating the Oath That he would beare honour peace and reverence to God to â—â— Church and Priests all the dayes of his life He likewise swore that he would maintaine right Iustice among the people committed to his Charge And that he would blot out ill Lawes and unjust customes if that should be any in the kingdome and observe good ones and cause them to be kept by all men How well â— observed this solemne oath with many others of like nature made to his Lords and Subjects fâ— confirmation of Magna Charta and their Liberties k In his Edition Tiguri 1589. p. 876. 938. 958. 959 960. Mathew Paris will informe us who writâ— that the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prelaâ—â— and Lords knew not how to hold this Proteus the King for where there is no truth there can be no â—ixâ— confidence That thought he sometimes humbled himselfe confessing that he had beene often bewitched â— ill Counsell and promised with a great Oath solemnely taken upon the Altar and coffin of Saint Edwarâ— that he would plainely and fully correct his former Errors and graciously condescend to his naturall Subject good counsell yet his frequent preceding breaches of oathes and promises sepenitus incredibilem reddiderâ—â— made him altogether incredible so that though he usually heard three Mosses every day but seldome aâ— Sermons as l Hist Angl. P. 1. Walsingham notes yet none would afterwards beleeve him but ever feare and suspâ—â— his words and actions and to avoyd the infamie of perjurie which he feared he sent to the â—opeâ— absolve him from those Oathes he repented of who easily granted him an absolution Such faith and assurance is there in the Oathes and Protestations of Princes to their Subjects whose Politicke capacities oft times have neither soule nor conscience This perfidiousnesse in the king made his long raigâ— full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne aâ— kingdome as our Historians informe us for which he repented and promised amendment at hâ— death m Lib. 3. c. 9. f. 107. Bracton an ancient Lawyer in this kings dayes writes That the king in his Coronation OVGHT by an Oath taken in the name of Iesus Christ to promise these three things to the people subject to hiâ— First that he will command and endeavour to his power that true peace shall be kept to the Church and â— Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities â— all degrees Thirdly That in all Iudgements he will command equitie and mercy that so God who is gracious and mercifull may bestow his mercy on him and that by his justice all men may injoy firme peace Fâ— saith he a King is SACRED and ELECTED to wit by his kingdome for this end to doe justis unto all for if there were no justice peace would be easily exterminated and it would be in vaine to make Lawes and doe justice unlesse there were one to defend the Lawes c. And before the Conquest I reâ— in n Fox Acts and Monuments Edition 1641. vol. 1. p. 214. and Lambards Archaion Leges Edwardi c. 17. Bilson par 3 p. 494. King Edward the Confessors Lawes not onely the Office but Oath of the King whom he anâ— Bracton oft stiles Gods and Christ Vicar upon earth thus excellently described A King ought aboâ— all things to feare God to love and observe his Commandments and cause them to be observed through hâ— whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved sâ—â— as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe justice anâ— judgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King â— his owne person to doe taking his oath upon the Evangelists and the blessed Reliques of Saints swearing â— the presence of the whole state of his Realme as well of the temporalty as of the spiritualty before he â—â— crowned of the Archbishops and Bishops Three servants the King ought to have under him as Vassals fleshly lust avarice and greedy desire whom if he keepe under as his servants and slaves he shall reigne well anâ— honorably in his Kingdome He must doe all things with good advisement and praemeditation and thâ— properly
a Seneca de Clemeâ—â—â—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 â—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 noâ— 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 â—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 vivaâ— quia hoc sanxit Lex humana quod leges suum ligent latoreâ— alibi in eadem digna â—ox Majestate regnanâ—â—s est legibus alligatum se Principem profiteri Item nihil tâ—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 armaâ—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 â—eare this Supreame Prerogative Power of Parliaments which hath â—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. 2â— 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 Justiciaâ— 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 misdâ—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 Reigâ—e oft banished
That they l Bracton l. 2 c. 16. f. 134. â— Fleta l. 1. c. 17. are above the Kiâ—â— and may and ought to restraine and question his actions if there be cause Secondly Bracton explaines himselfe how he is highest and without a Peere to wit In m Parem autem habere non debet nec multo forâ—â—us superiorem maxime in justitia exhibenda licet in justitia recipienda minimo de regno suo comparetur l. 3. c. 9. f. 167 a. distribuâ—â— Justice that is he is the highest Justiciar in the Kingdome but as small as any in receiving justice Thirdly Even in Parliament it selfe the King is the Supreme Member and in that regard the Parlâ—ment in most Acts and in all Petitions or Addresses usually stiles him n See Bodines Commonwealth l. 2. c 1 p. 192. the like of the Parliaments in France Their Soveraigne Lord Bâ—sides the Parliament it selfe is ever o See Modus tenendi Parliamentum Câ—mb Brit. p. 177. Crompt Juris of Ceurts f. 1. to 6. Sir Tho. Smithâ— Common-wealth l. 2. c. 2. 3 Hol. Descâ—â—p of England c. 8. Cowel Minsh Tit. Parl. Mr. Hack. manner of passing Bils sect 8. summoned dissolved by his wâ—it in his name by his Authority Aâ— in passing all Acts and Bils of Grace or such as are not simply necessary for the publicke safeâ—y and â—â—liâ—y of his people He hath an absolute negative voyce and his Royall assent is simply necessary for the passing ofâ— binding Lawes In which respects he is and may be truely said to be above the Parliament it selfe and â—â— onely supreme Governour but yeâ— in the forenamed respects the Parliament may be truely said to be Pâ—â— mount him and the highest power Fourthly The Oath of Supremacy That the King is the onely Supreme Governour relates onely or pâ—â—cipally to the Popes and foraine Princes authorities formerly usurped in this Realme as the Title Woâ—â— and scope of the Statute of 1. Eliz. c. 1. and the very next words in the Oath of Supremacy manifâ—â— and that NO FORAINE Power person Prelate State or Potentate hath or ought to have any Jurisdiâ—â—on power SUPERIORITY PREHEMINENCE or Authority Ecclesiasticall or spiriâ—â— within this Realme and therfore I do utterly renounce and forsake ALL FORAINE Jurisdictions â— Therefore it refers not at all to Parliaments or their Jurisdiction Power Superiority Preheminenâ—â— Authority not so much as once thought of by the prescribers of this Oath which had its Authority â—â—â— the Parliament and made some addition to the Kings Prerogative Fifthly p Common w. l. â— c. 9. l. 2. c. 5. Bodine and others as I shall hereafter manifest assure us that the Soveraâ—â— power and jurisdiction both in the Roman and German Emperours and most foraine Christian Kingdoâ—â— was and yet is in the Senate people Parliaments and Dyets yet this is no empeachment at all to their Suprâ—â—cies no more then the asserting of generall Councels to be above Popes themselves by the learnedâ—â— Papists is â— derogation as they hold it is not to the Popes most absolute pretended Soveraignty q See p. 2 3. above all Emâ—â—ours Kings Princes Prelates Subjects aâ—d the world it selfe of which they affirme him sole Monarch Thâ—â—fore by the selfe-same reason this asserting of the whole Kingdomes and Parliaments power to be abâ—â— the Kings is no diminution at all much lesse a denyall of his Supremacy and just Prerogative Râ— all If then the Parliaments power be thus higher and greater then the Kings personall power and Juriâ—â—ction out of Parliament it will necessarily follow from hence First That in these unhappy times of division and separation of the Kings personall presence not â—gall which cannot be severed from the Parliament the Lords and Commons Orders Votes and Oâ—â—nances made legally in Parliament it selfe are to be preferred obeyed by all the Kingdome before â— his Majestiâ—s Proclamations Declarations Commissions Warrants or Mandates made illegally out of â—â—liament in affront of Both Houses proceedings and Decrees since when ever two disâ—â— powers command different things that aâ—e lawfull or of the same nature the higher power ought â— to be obeyed As if a Master commands his Servant one thing and the King another or the King â—ne â—â— God another the King is to be obeyed before the Master because the Superiouâ— power but God before the Kâ— because the highest power as the r See Gratian causa 11. quaest 3 wher he quotes 〈◊〉 Hier. Isiâ—dor to this purpose Fathers and Canonists resolve most fully Yea the Parliament being the highest power the King himselfe ought to submit thereto and â—â—â— ruled and advised thereby This conclusion though it may seeme a paradox to most men is an undâ—â— table verity both in point of Divinity and Policy as is most apparent by the 1 Saâ— 14. 38. to 46. anâ— 29. 1. to 11. 2 Sam. 18. 2 3 4. c. 19. 1. to 9. 1 King 12. 1. to 25. 1 Chron. 13. 1. to 6. 2 Chron. â— and 11. c. 30. 2 3. 5. 23. Esther 1. 13. to 22. Jer. 38. 4. to 28. Dan. 6. 4. to 20. Jonah 3. 7. Ezra 10. â— â—ccles 4. 13. Prov. 11. 14. c. 15 22. c. 25 5. compared together and with Josh 22. 11. to 34. Judges 20. â— to 20. and in point of Law and Conscience even in our owne Kings and Kingdome as is cleare by 20 â— 3. the Preface and c. 1. 25 E. 3. Parliament 6. the Statute against Provisors 38 E. 3. Stat. 2. c. 1 2. 3 E. â— c. 17. and 48. and other Statutes which I shall hereafter cite at large in answer to the fourth Objection â—hich Texts and Statutes those who will may peruse at leâ—â—ure for their better satisfaction And in Pauls â—me the highest Powers in Rome were not the Roman Emperours as ignorant Doctors make the unleared world beleeve but the Romane Senate who had full power not onely to elect and command but â—â—nsure and depose their Emperours and adjudge them unto death as * Commonw l. 2. c. 5. John Bodin acknowledgeth â—nd I shall hereafter abundantly manifest in the Appendix Secondly That the Parliaments resisting of the Kings personall Commands especially such as are ilâ—gall and destructive to the Kingdome or any private Subjects resisting them by vertue of a publique â—rdinance or Countermand from the Parliament is no resisting of the higher Powers against Pauls inâ—nction Rom. 13. 1. to 7. as Å¿ Resolution of Conscience sect 1 2. c. Revindication of Psalme 105 15. Printed at Cambridg 1643 Doctor Fearne and other ignorant Doctors vainly fancy but a direct â—bmission and obedience to the highest powers the Parliament and those who resist the Parliaments â—rdinances and Commands especially such as tend to the preservation of Religion Lawes Liberties â—iviledges of Parliament and the Kingdome or bringing Delinquents to condigne punishment though â—ey doe it by vertue of any extrajudiciall countermand from the King or his ill Counsellours
doe both â— point of Law Divinity conscience resist the highest powers because they resist the Parliament and â— shall receive damnation to themselves for it either here or hereafter if they repent not which I seriously â—sire all those Delinquents Papists Malignants ill Counsellers and Cavaliers to consider who conâ—ary to severall Orders and Declarations of Parliament yea contrary to the Law of God of Nature of the â—ealme have like unnaturall Vipers taken up offensive Armes against the Parliament and Kingdome to â—ine them with our Religion Lawes and Liberties at once Thirdly Hence it followes that the Resolutions and Declarations of the Lords and Commons in Parliaâ—ent the supremest Court against the Commission of Array Arming of Papists raising of Forces impoâ—g Taxes to maintaine Warre against the Parliament plundering and the like ought to be obeyed and subâ—itted to as lawfull and binding both by the King himselfe the Kingdome and every private Subject â—hatsoever and that the Kings extrajudiciall and illegall Declarations out of Parliament in direct oppoâ—ion and contradiction to the resolutions and Votes of both Houses in Parliament ought not to be obeyed â—e King himselfe as our Law Bookes resolve being no t 8 H. 4. 13. b. 24 H. 8. c. 12. 52 H. 3. c. 1. 25 H. 8. c. 21. Cookes 1 Institutes on Mag. Charta f. 103. See here p. 14. 34. competent Judge especially out of his Courts â—hat is Law or what not in those Cases but the Parliament onely Which extrajudiciall new device of conâ—olling affronting the Resolutions and Declarations of both Houses by opposite Proclamations and â—â—clarations published in his Majesties name is such a transcendent violation of and contempt against â—e knowne priviledge the sacred venerable Authority and power of Parliaments as I am confident â—â— age can parallell and if not severely vindicated by exemplary punishments of the highest nature upâ—â— those ill Counsellors and corrupt Lawyers who contrive and pen them will bring this Highest greaâ—st and most honorable Court wherein the u 31 H. 8. c. 1 1 Jac. c. 1. Dr. Student 44. a. whole Kingdome and every member of it are represented into â—eater contempt and lesse estimation with all men whether Natives or Forainers then the basest Court â—â— Pipouders is No King nor Subject ever yet attempted such affronts against the Resolutions of any Judâ—s in inferiour Courts Let no person whatsoever then presume by pen or tongue any longer to aâ—â—igne or traduce the Resolutions and Ordinances of this highest Tribunall If Kings or Counsellors of â—ate willinstruct or excite the Subjects peremptoâ—ily to disobey and contemne the Ordinances the â—udgements of the Parliament let them never expect the least obedience or submission to any of their â—wn commands which are of lesser credit and Authority Fourthly That the Parliament and whole Kingdome being the highest power or any Member of â—â—e Parliament cannot by any publicke Acts or Votes of theirs consented to in Parliament become Trayâ—â—s or guilty of high Treason against the King either by the Common Law oâ— the Sâ—atute of 25. Ed. 3. b page 4 5. â— 2 of Treasons which running in the singular number If A MAN c. that is any private man â— men by their owne private authority shall levy warre against the King c. it ought to be judged high â—reason extends not to the whole Kingdome or Court of Parliament representing it of which no treaâ—n was ever yet presumed and by this very act is made the Judge of all Treasons that are doubtfull being â—ver yet included within the words or meaning of any Law concerning Treasons and therefore cannot be â—ilty of it Hence the depositions of a Graf parâ— 6. p. 62 63. Galfredus Moâ—â—â— Fabiaâ— Polychr others Archigallo and Emcrianus two ancient British Kings by the unaniâ—ous assent of the Lords and Commons for their rapines oppressions and Tyranny with other forenamed Saxâ— Kings and of Edward the second Richard the second Henry the sixth Edward the fourth by Acts â—â— Parliament the creating of Richard the third King and the frequent translations of the Crowne from â—e right heire at Common Law to others who had no good title by the whole Kingdome or Parliament â—o lesse then c Bracton l. 2 Glan l. 2. f. 112 Myrror c. 1 sect 4. Britton c. 8. f. 16. c. 22. f. 39 25. E. 3. â— 2. See Rastal â—rote Staâ—â—f Crompt Dalton in their Titles Chapters of Treason high Treason in private persons was never yet reputed much lesse questioned or adjudged â—igh Treason in the whole Kingdome or Parliament or any chiefe active Members in these Parliaments which being above the King are uncapable of Treason for any their judiciall actions and resolutions in such cases being onely Tortious and Erroneous reversible by other Acts in Parliament not Trayterous and Rebellious as appeares by all the forequoted Statutes and by 13 Eliz. c. â— which makes it high Treason d page for any person to affirme That the Queene by Authority of the Parliament of England is not able to make Lawes e Walsingham Holin Graf Sto. Speed Martyn Fab. Polychro in 21 R. 2. 11 R. 2. c. 3 4. 21 R. 2. c. 12. and Statutes of sufficient force to alter limit and binde the Crowne of this Realme and the descent limitation inheritance and government thereof And for direct Authorities in this very point Robert Tresylian and Belknap then chiefe Justices Holt Fulthorpe and Burgh Judges Locton Kings Sergeant and Blake the Kings Counsell in the Parliament oâ— 1â— Rich. 2. were condemned executed and banished the Realme as guilty of high Treason onely for affirming under their hands and seales f See the particulars more at large in 21 R. 2 c. 12. That the Duke of Glocester the Earles of Arundell aad Warwicke were and that other Lords and Commons might be guilty of high Treason for procuring a Commission and other proceedings in Parliament and be punished for it as Traytors Which opinion of theirs being afterwards affirmed for Law in a packed Parliament 21 Rich. 2. was the very next Parliament in 1 Hen. 4. c. 2 3 4. repealed and the judgement given against those Judges for this Trayterous opinion tending to the utter subversion of Parliaments resolved and enacted to be just This g See 1 H. 4. c. 3. and here p. 13. Judge h Spee p. 747 Belknap foresaw and therefore was unwilling to put his Seale to this opinion Saying There wanted but a hurdle a horse and halâ—â—â— to carry him where he might suffer the death HE HAD DESERVED for if I had not done this â— should have dyed for it and because I have done it I DESERVE DEATH for betraying the Lords Which makes me wonder at a passage in i Hist p. 675 Speed who records it now frequent in Malignants moutheâ— That the very shop where the Barons originall Treasons were forged was THE PARLIAMENT HOUSE wherein from time to time they
E. 3. Stat. 1. c. 3. If any Minister of the King or any other person of what condition soever he be doe or come against any point of the great Charter or other Statutes or the Lawes of the Land he shall answer to the Parliament as well as the SUTE OF THE KING as at the sute of the party AS FARRE FORTH WHERE â—T WAS DONE BY COMMISSION OR COMMANDEMENT OF THE KING as of his owne authority And by that parallel good Law recorded by * Part. 7 p. 376 Fabian made in Parliament in the first yeare of King Henry the fourth That no Lord nor other person of nâ— degree should after that day lay for his excuse as some then did any constraint or coacting of his Prince in executing of any wrong judgement or other criminous or unlawfull deeds saying that for feare they durst not otherwise doe for such excuse after this day SHALL STAND HIM IN NO STEED And in this Parliament * Fabian part 7. p. 342. 375. Hals Chron. 1. H. 4. f. 10. Grafton p. 408. Walsingham Hist p. 393. 402. Hall was judged to be drawne from the Tower of London unto Tiburne and there to be hanged and quartered which was accordingly executed only because he was one of those who secretly murâ—â— ered the Duke of Glocester at Calice illegally attainted of Treason in the Parliament of 21. R. 2. without due processe of the Law by King Richard the second his command and likewise the Dukes of Aumarl Surrey Exeter with other Noble men were deprived of their Dukedomes of most of their Lands Castles Honors for having a finger in this Dukes suffâ—cation and death by King Richards instigation and command and had lost their heads too if the common peopte had beene their Judges who murmured against King Henry for sparing their lives as you may read in * Histor p. 402. 403. Speed p. 763. Walsingham and Speed All which I would advise his Majesties Captainâ—s Cavalliers and ill Counsellors to consider The rather because all levying of warre either against the King or against the Kingdome and Parliament now made a matter of high Treason on both sides must and ought to be determined and resolâ—ed which of them is high Treason and which not and the parties guilty of it must and ought to be tried arraigned judged and condemned for it onely in and by the Parliament and in and by no other Court or Judges as is punctually resolved by the severall Statutes of 11. R. 2. c. 1. 2. 3. 4. 21. R. 2. c. 2. 3. 4. 1 2. 20. 1. H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treasons especially being a new case If then the Parliament are and must be the onely judges of this question Which of the two parties now â—n Armes are Traytors and the onely Court wherein all must be tried on this point they may easily judge who are and must be the Traytors in this case and those who by the Kings meere personall command and presence whom they have treacheronâ—ly withdrawne from his Parliament fight now both against Parliament and King in his legall and regall capacity when the time of triall comes will be found reall Traytors both to King and Kingdome what ever their owne ignorance temporising Lawyers or hopes of prevailing may now suggest unto them In the Parliament of 15. Edward 2. the two Spensers were by â— * Exisium Hugonis le Despensor f. 50. 52. speciall Act of Parliament adjudged Traytors banished and their lands and goods confiscated for miscounâ—elling their King and advising him to ride with armed Troopes of horses and men into Glocestershire to assault the good people there and to levy warre within the Realme to the destruction of the Church and people contrary to the forme of the great Charter and breach of the peace of the Realme What severe judgement then may those ill Counsellors and Cavalliers deserve who have actually levied warre not onely against the Counâ—y of Glocester which they have pitifully harrowed and spoyled contrary to all Law sacked p See the Relation takinâ— cest Cicester â—o its utter ruine and led away the good people thence Captives to Oxford in triumph for the most part barefooted through dirt and mire in this cold Winter Season chained together in ropes more like to Turkish-Gally-slaves then English Christian Subjects onely for this new kinde of supposed Treason and Rebellion the defence of their Liberties lives and goods against theeving Cavalliers which they may defend by Law * Fitz. Corone 192. 194. 246. 258. 261. 330. Stamford f. 11 12 13. 22 H. 7. 39 24 H. 8. c. 5. Cooke I. 5. f. 51 52 53. and justifie the killing of all those who shall violently assault them to rob them of them denying them so much as a draught of cold water to quench their thirst by the way and keeping off all whâ— would give it to them many of them being since dead at Oxford of samine and more then barbarous usage â— but likewise against most Counties of England miserably wasted by them and the whole Kingdome Parliament and King himselfe in his politicke Capacity and raised an Army of Papists against expresâ—â— late Acts of Parliament who not onely now set up their long exploded Masse openly in Yorkeshire Reading and other places but which my very soule abhorres to thinke of have even freshly moâ—â— impiously Shit upon the English Bible in folio defaced and burnt many Testaments and godly English Bookâ— in John Hamonds house a Bookeseller in Marleborough when they sacked it in contempt of our Religion setting the chimney on fire with their excessive flames and if reports be credible have since buâ—ned divers English Bibles and other good Bookes in the publicke Market place at Reading under the very Gallowes in detestation of our Protestant faith whose utter extirpation is their chiefe designe Certainly if these ill Councellors once come to a legall triall a Gallowes will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallell especially if they perseverâ— therein But of this more fully hereafter Sixthly Hence likewise it necessarily followes that the Houses of Parliament being the Soveraigne Power ought of right to enjoy and may when they see just cause for the Kingdomes safety and benefiâ—â— order and dispose the Militia Navy Ports Forts and Ammunition of the Realme into such personâ— custodies as they may safely confide in nominate both the great Counsellors publique Officers anâ— Judges of the Kingdome of right require if not enforce if wilfully denyed the Kings Assent to all publicke Bils of Right and Justice necessary for the Commonweale and safety of his Subjects takâ— up defensive Armes to protect their Priviledges Lawes Liberties and established Religion not onely against Malignants and Popish Recusants but the King himselfe if he raise Forces against them yea impose taxes upon the Subject and distraine imprison secure them for the publicke defence and safety when they deeme it necessary All which particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I troâ—undeceive the blinded world and convince if not satisfie the greatest Royallists and Malignants both in point of Law and Conscience in the next part of this Discourse which shall passe the Presse with aâ— convenient expedition if God permit Finis partis Primae Errata Page 2. l. 31. read all the royall p. 15. l. 26. enact r. exact p. 17. l. 17. of and p. 20. l. 16. if it r. if being laâ— downe it p. 22. l. 18. last doubtfull rising