upon demand he raiseth a great Army and takes his Castle On this the King upon better consideration did againe promise and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at the day and place appointed he holds a great conference with the Lords But the evill Counsellers he followed suffered him not to make good his promise For when divers there present greatly in the Kings favour with sundry Preachers and Fryers whom the King was wont to reverence and hearken to Humbly beseeched and earnestly exhorted the King to make peace with his Barons and Nobles and to embrace them with due affection being his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manours Woods Parkes Ponds and being led and seduced by evill Counsels lesse regarded his faithfull Subjects whose native blood would not permit them to bow downe than Forainers and which is worse called them Traytors by whom he ought to settle the peace order the Counsels and dispose the affaires of his kingdome The Bishop of Winchester offended it seemes at Peeres takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Iusticiars as himselfe pleaseth to ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent speech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellers of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse not themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that perturbed the peace of the Realme and so the hoped Accomodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces fell pell mell upon the Kings Army slew divers of his Forrainers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund Arch-Bishop of Canterbury elect with other suffragan Bishops bewailing the estate of the kingdome presented themselves before the King at Westminster telling him as his loyall liegeman and O that some Bishop or faithfull person if there be any such about his Majesty would now deale thus clearely with him touching his evill Counsellors That the Counsell of Peter Bishop of Winchester and his complices which now he had and used was not sound nor safe but evill and dangerous to himselfe and his Realme First for that they hated and despised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the people from him as in the Earle Marshall whom being one of the worthiest men of the Land by sowing false tales they drave into discontentment Secondly that by the Counsell of the said Peter his Father King Iohn first lost the hearts of his people then Normandy then other lands and finally wasted all his treasure and almost England also and never after had quiet Thirdly that if the Subjects had now beene handled according to Justice and law not by their ungodly Counsels these present troubles had not hapned but the Kings lands had remained undestroyed his treasure unexhausted Fourthly that the Kings Councell is not the Councell of peace but of perturbation because they that cannot raise themselves by peace must raise themselves by the troubles dis-inherison of others Fifthly that they had the Treasure Castles Wardships and strength of the kingdome in their hands which they insolently abused to the great hazard of the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we O King speake of these things faithfully unto you in the presence of God and man and doe counsell beseech and admonish you to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faithfull and sworne children thereof To which the King in briefe answered That he could not suddainely put off his Councell and therefore prayed a short respite Nothing had hitherto preserved the King more Than that he could without griefe forgoe any favorites if he were nearely pressed the contrary quality whereof hath beene the cause of finall desolation to so many Princes For though choyce of Counsellers be for the most part free yet by common intendment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love of a whole Nation rather than to relinquish or diminish a particular dependance for which the publique must not be hazarded nor subverted The King therefore in this point not infortunate commands Bishop Peter from his Court to keepe residence at his Cure without once medling in State affaires removes all his evill Counsellors deprives them of their Offices and puts good men in their places and commands all Poictovians and Foraine Forces to depart the Realme receives all his Nobles unto favour restoring them to their lost Offices Lands Castles admits them into his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And for Peter Rivales his Treasurer he was so incensed against him for his ill Counsell that he sware he would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster the King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye spake thus to him O thou Traytor by thy wicked advise I was drawne to set my Seale to those Treacherous Letters for the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Counsell I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy complices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which enterprise I wasted my Treasure and lost many worthy persons together with much of my Royall respect Therefore I exact of thee an accompt and thou shalt be carryed to the Tower of London to deliberate till I am satisfied And thus were these civill warres and differences reconciled ill Counsellors removed enormities reformed Delinquents punished not without reducing store of coyne to the King and peace established in the kingdome Which History I have more largely recited because most of its passages are Parallel to the Kings and his evill Counsellors present proceedings on the one hand and to the Parliaments in some sort on the other hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour and just punishment of all ill counsellors Cavalieres and Delinquents the
as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Iewels without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carried the Iewels Plate and Treasure of the kingdome over the Sea into Ireland to the great impoverishing of the Realme And all the good Records for the Common-wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Iustices were sworne to say the truth for divers things to them committed in charge both for the honour of the Realme and profit of the King the said King so menaced them with sore threatnings 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 Princes hands and at his disposing Item He craftily devised certaine privie Oathes contrary to the Law and caused divers of his Subjects first to be sworne to observe the same and after bound them in bonds for the firmer keeping of the same to the great undoing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times let wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth by the same Parliament which continued notwithstanding Richards deposition who summoned it was created King who in the first Parliament of his Raigne reversed and annulled as illegall the Parliament of 21 Richard 2. with all its Acts Circumstances and dependants and revived that of 11 Richard 2. in all points as made for the great honour and common profit of this Realme To these I might adde the Rebellious insurrections of Richard Scroope Arch-bishop of Yorke the Earle of Northumberland and their Complices against King Henry the fourth Anno 1405. to reforme the State and government relieve the Church and Common-weale and Depose King Henry in and by a forced Parliament The insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forests and other immunities of Church and Common-wealth which they would force him to confirme the severall insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vâ—lgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new onâ—es of their nomination to ratifie what propositions they required and subvert the government of the Realme with the severall Rebellions of the Popish Lincolneshire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the eighth his raigne Of the Cornish men Norfolke men Kent and others in Edward the sixth his Rule of the Popish Earles of Northumberland Westmorland and other Northerne Papists in Queene Elizabeths dayes by force of Armes to compell these severall Princes to summon Parliaments to repâ—ale all Lawes against Masse 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 demanded 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 precedent more in one of our best Kings reignes In 25 E. 1. The Lords and Commons in Parliament grievoâ—sly complained and Petitioned to the Kingâ—against divers taxes tallages and prisages wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forest the imposition upon Wools and their summons 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 maintaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barons of the Eschequer not to â—evie the eighth penny of the people granted to the King at Saint 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 Foresta with the other Articles to them annexed that he should exact and take â—o â—o aides taxe or tallage from the Clergy or Commons without their commoâ— consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeare of all those who should transgresse this Charter of his For which the Laity gave him the ninth and the Clergy the tenth 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 reign after some delaies 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-summoning them at quindena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to three Bishops three Earles and three Barons 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 hereupon the king holding a Parliament at Stamford the 29. of his reigne the Lords and Barons repaired thither with great store of horses and Arms with a purpose to extort a full execution of the Charter of the Forests hitherto deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixthly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull summons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publike 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 Councels of Basil Constans and divers Popish Writers that a generall Councell once lawfully summoned by the 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 these Councels continued together and deposed sundry Popes notwithstanding
1172. Where the King entring parley with the English Nobility did so farre winde himselfe into their good opinions that they all forthwith laid downe their weapons And he for his part fearing to lose the Crowne with shame which he had gotten with effusion of so much blood gave his Oath upon the holy Evangelists and the reliques of Saint Albane the Martyr the same being ministred to him by Abbot Fredericke swearing to observe and inviolably to keepe the ancient Lawes of this Land and most especially those compiled by King Edward the Confessor though as the event soone shewed he little meant to doe as he promised Peace thus established this conference ended and the Kings Oath received the English Armies disband themselves as dreaming they had now good fortune by the foote and hoping the greatest stormes of their dangers were past which presently proved but a vaine surmise For King William having compounded with the Danes began extreamely to hate the English Nobles and with full resolution of their destruction suddenly set upon them apart which hee durst not attempt when they were united so that slaying many imprisoning others and persecuting all of them with fire and sword well was he that could be first gone Such little faith or assurance is there in the solemne Oathes and Protestations of Kings to their Subjects which are seldome really performed and intended onely as snares to intrap them if they confide and rely upon them without any better security After the death of William the Conquerour William Rufus his younger sonne in the absence of Robert the elder Brother hastens into England to obtain the Crown and finding the greatest part of the Nobles against him he gave his solemne Oath and faith to Lanfranke Arch-bishop of Canterbury his Tutor that if they would make choise of him for their King he would abrogate the over-hard Lawes of his Father and promise to observe justice equity and mercy throughout the kingdome in every businesse and defend the Peace and Liberty of the Church against all men and ease them of all hard taxes Upon which conditions volentibus omnibus Provincialium animis by the voluntary consent and voyces of all he was chosen and Crowned King Which promise and Oath he soone after brake saying Who is it that can fulfill his promises Whereupon many of the Nobles levyed warre against him adopting Robert his elder Brother King William Rufus dying Henry the first his younger Brother in the life of Robert the right Heire assembling all the Clergy 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 Reignes of his Father and Brother To which the Clergy and Nobles answered That if hee 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 Clergy 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 Charter confirmed and reformed divers Lawes for the ease and benefit of his Subjects recorded at large by Matthew Paris Speed and others 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 COUNSELL of the Barons of the Kingdome of England I am Crowned King And because the kingdome was oppressed with unjust exactions I out of respect to God and the love I beare towards you all make the Church of God free c. And all the evill customes 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 Edwards Lawes with those amendments of them which his Father made by the consent of his 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 other crimes Henry deceasing Maude the Empresse his right Heire to whom the Prelates and Nobles had sworne fealty in her Fathers life time was put by the Crowne by the Prelates and Barons who thought it basenesse for so many and great Peeres to be subject to a woman and that they were freed of their Oath by her marrying out of the Realme without their consents and Stephen Earle of Mortaine who had no good Title assembling the Bishops and Peeres at London promising to them an amendment of the Lawes according to all their pleasures and liking was by them all proclaimed King whereupon they all tooke their Oathes of Allegiance to him conditionally to obey him as their King so long as hee should preserve the Churches Liberties and keepe all Covenants and confirme them with his Charter according to the old Proverbe Quamdiu habebis me pro Senatore ego te pro Imperatore All this the King at his Coronation swore and promised to God the people and Church to performe And presently after going to Oxford he in pursuance of his Oath there sealed his fore-promised Charter of many indulgent favours the summe whereof was this That all Liberties Customes and Possessions granted to the Church should be firme and in force that all bad usages in the Land touching Forests exactions and annuall Taxes which his Ancestors usually received should be eternally abolished the ancient Lawes restored prefacing therein That he obtained the Crowne BY ELECTION ONELY Haec autem specialiter alia multa generaliter se servaturum juravit sed nihil horum quae Deo promiserat observavit write Matthew Paris Hoveden and Huntindon Pene omnia perperam mutavit quasi ad hoc tantum jurasset ut praevaricatorem Sacramenti se regno toti ostenderet saith Malmesbury Granting those immunities rather to blinde their eyes than with any purpose to manacle his owne hands with such parchment chaines Such faith is to be given to the solemnest Oathes of Kings But this his perjury was like to cost him his Crowne his Prelates and Peeres thereupon revolting unto Maude The form of King Henry the second his Oath I finde not onely I read that upon his Coronation he caused the Lawes to be reformed by advise of discreet men learned in the Law and by his Proclamation commanded that the good Lawes of his Grand-father Henry should be observed and firmely kept throughout the Realme Wherefore it is probable he tooke the same Oath that he did Richard the first succeeding at his Coronation
deny to your Lord the King especially when the servants ought not at all to judge their Lord nor the vassalls their Prince nor to restraine him with their conditions Yea verily who ever are reputed inferiours ought rather to be directed by the pleasure of their Lord and to be regulated by his will for the servant is not above his Lord nor yet the Disciple above his Master Therefore he should not be as your King but as your servant if he should be thus inclined to your will Wherefore he will neither remove Chancellour nor Iustice nor Treasurer as you have propounded to him to doe neither will he substitute others in their places He likewise gave a cavilling answer to the other Articles though wholesome enough to the King and demanded an ayde to recover his right in forraigne parts When the Barons heard this answer it appeared more cleere then the light that these things sprung from those ill Councellours whose weakened power would be utterly blowne up if the Councell of all the Baronage should be hearkened to Wherefore they all gave this unanimous peremptory answer That they would grant no ayde at all to impoverish themselves and strengthen the enemies of the King and Kingdome and so the Parliament being dissolved with indignation unusquisque spe fraudatus a Parliamento frustra diu expectato nihil nisi sannas cum frivolis amissis laboribus cum expensis ut solent saepius reportarunt Which when the king had seene he was put into a vehement anger and said to his Councellours Behold by you the hearts of my Nobles are turned from me Behold I am like to lose Gascoigne Poyteirs is spoyled and I am destitute of Treasure What shall I doe Whereupon to satisfie him they caused his Plate and Iewels to be sold and invented sundry new projects to raise monies The very next Yeare 1249. the Lords assembling againe at London at the end of Easter pressed the King with his promise made unto them That the chiefe Iusticiar Chancellour and Treasurer might BE CONSTITVTED BY THE GENERALL CONSENT OF THE KINGDOME which they most certainely beleeved they should obtaine but by reason of the absence of Richard Earle of Cornewall which was thought to be of purpose they returned frustrate of their desire for that time Anno 1254. in another Parliament summoned at London in Easter Tearme the Lords and Commons require and claime againe their former Rights in electing the Iusticiar Chancellour and Treasurer but after much debate the Parliament is proroged and nothing concluded Yet the Lords and Commons would not be thus deluded of their right which to regaine they strained their Jurisdiction to an higher Note then ever they had done before For in the Yeare 1258. the Barons seeing the Realme almost destroyed with Taxes and exactions and Poictovines to domineere and rule all things in England effectually to redresse these grievances and reforme the State of the Realme in a Parliament at Oxford to which they came very well armed by advise of some Bishops among other Articles they demanded of the King That such a one should be chiefe Iusticiar who would judge according to Right c. And that 24. others write 12. persons Whom Fabian stiles the Douze Peeres should there be chosen to have the whole administration of the King and State by reason of the Kings former misgovernment and the YEARELY APIOINTING OF ALL GREAT OFFICERS reserving onely to the King the highest place at meetings and salutations of honour in publike places To which Article the King and his Soâ—ne Prince Edward out of feare not onely assented and subscribed but likewise tooke a solemnâ— Oath to performe them all the Lords and Bishops taking then the like Oath to hold and maintaine these Articles inviolably and further they mâ—de all that would abide in the Kingdome to sweare also to them the Arch-Bishops and Bishops solemly accursing all such as should Rebell against them Which Articles the King and his Son labouring by force of Arms to annull they were notwithstanding enforced to confirme them in 3. or 4 subsequent Parliaments By vertue of these Articles enacted thus in Parliament those Lords not only removed old Sherifes of Counties appointed by the King and put in new of their owne chusing but likewise displaced Philip Lovell the Kings Treasurer with divers Officers of the Exchequer and sundry of the Kings meniall servants setting others whom they liked in their places and made Hugh Bygod Lord Chiefe Justice who executed that Office valiantly and justly nullatenus pâ—rmittens jus Regni vacillare creating likewise a new Chancellour and removing the old After this in a Parliament at London Anno 1260. they consulted about the electing of new Justices and of the Chancellour and Treasurer of England for the following yeare these places being made annull by the former Parliament in pursuance whereof Hugh Bigod his yeare expiring Hugh Spenser was by the Lords and Parliament appointed to be his successour and made Lord Chiefe Iustice and likewise Keeper of the Tower of London by the consent of the King and Barons and by authority of this Parliament the Abbot of Burgh succeeded Iohn de Crakedale in the Treasurership and the Great Seale of England was by them committed to the custody of Richard then Bishop of Ely The very next yeare 1261. the Barons with the consent of the selected Peeres discharged Hugh Spenser of his chiefe Iusticeship when his yeare was expired and substituted Sir Philip Basset in his roome In which yeare the King appointed Justices of Eyre through England without the Lords contrary to the Provisions of the Parliament at Oxford they coming to Hereford to keepe a Sessions there and summoning the County to appeare before them on Hockeday divers chiefe men of those parts who sided with the Barons assembled together and strictly commanded those Iudges not to presume to siâ— against the Ordinances of Oxford neither would any other of the people answer them in any thing whereupon acquainting the King with this opposition they departed thence without doing ought and the King making this yeare new Sherifes in every Couunty displacing those the Barons had made the inhabitants of each County hereupon marfully repulsed them and would not obey nor regard nor answer them in any thing whereat the King was much vezed in minde and upon a seeming shew of reconciliation to the Barons going to Dover and Rochester Castles committed to the Barons custody for the Kingdomes safety they permitted him to enter peaceably into them without any resistance Upon which minding to breake his former oaths for the keeping of the Oxford Articles he first seiseth upon these and other Castles and then coming to Winchester Castle where he had free entrance permitted him by the Barons who suspected no ill dealing he tooke it into his owne custody whether he called to him the Chiefe Iustice and Chancellour not long before made that yeare by the Barons commanding them to
manner as the Noble Duke of Exceter was before appointed and designed to execute which charge he was sent for out of France the yeare following In the three and thirtieth yeare of this Kings reigne Richard Duke of York was made Protector of the Realme the Earle of Salisbury was appointed to be Chancellor and had the great seale delivered to him and the Earle of Warwick was elected to the Captainship of Calice and the territories of the same in and BY THE PARLIAMENT by which the Rule and Regiment of the whole Realme consisted onely in the heads and orders of the Duke and Chancellor and all the warlike affaires and businesse rested principally in the Earle of Warwick From which Offices the Duke and Earle of Salisbury being after displaced by â—mulation envie and jealousie of the Dukes of Somerset Buckingham and the Queene a bloody civill warre thereupon enfued after which Anno 39. H. 6. this Duke by a solemne award made in Parliament between Henry the sixth and him was againe made PROTECTOR AND REGENT OF THE KINGDOM By the Statutes of 25. H. 8. c. 22. 28. H. 8. c. 7. and 35. H. 8. c. 1. it is evident that the power and Right of nominating a Protector and Regent during the Kings minoritie belongs to the Parliament and Kingdome which by these Acts authorized Henry the eighth by his last Will in writing or Commission under hiâ— seale to nominate a Lord Protector in case he died during the 〈◊〉 of his heire to the Crowne and the Duke of Somerset was made Lord Protector of the King and Realme during King Edward the sixth his nonage BY PARLIAMENT And not to trouble you with any more examples of this kinde Mr. Lambard in his Archaion p. 135. Cowell in his Interpreter title Parliament Sir Henry Spelman in his Glossarium tit Cancellarius out of Matthew Westminster An. 1260. 1265. Francis Thin and Holinshed vol. 3. col 1073. to 1080. 1275. to 1286. and Sir Edward Cook in his Institutes on Magna Charta f. 174 175. 558. 559. 566. acknowledge and manifest That the Lord Chancellour Treasurer Privy Seale Lord chiefe Iustice Privy Counsellors Heretochs Sheriffs with other Officers of the Kingdome of England and Constables of Castles were usually elected by the Parliament to whom OF ANCIENT RIGHT THEIR ELECTION BELONGED who being commonly stiled Lord Chancellour Treasurer and chiefe Iustice c. OF ENGLAND not of the King were of right elected by the representative Body of the Realme of England to whom they were accomptable for their misdemeanors Seeing then it is most apparent by the premises that the Parliaments of England have so frequently challenged and enioyed this right and power of electing nominating recommending approving all publike Officers of the Kingdome in most former ages when they saw iust cause and never denuded themselves wholly of this their interest by any negative Act of Parliament that can be produced I humbly conceive it can be no offence at all in them considering our present dangers and the manifold mischiefes of the Kingdome hath of late yeeres sustained by evill Counsellors Chancellors Treasurers â—udges Sheriffs with other corrupt publike Officers to make but a modest claime by way of petition of this their undoubted ancient right nor any dishonour for his Maiesty nor disparagement to his Royall Prerogative to condiscend to their request herein it being both an honour and benefit to the King to be furnished with such faithfull Counsellors Officers Iudges who shall cordially promote the publike good maintaine the Lawes and subiects Liberties and doe equall iustice unto all his people according to their oathes and duties unfaithfull and corrupt officers being dangerous and dishonourable as well to the King as Kingdom as all now see and feele by wofull experience In few words If the Chancellors Iudges and other Officers power to nominate three persons to be Sheriffe in every County annually of which his Majesty by law is bound to pricke on â—lse the election is void as all the Iudges of England long since resolved and their authority to appoint Iustices of the Peace Escheators with other under Officers in each shire be no impeachment at all of the Kings prerogative as none ever reputed it or if both Houses ancient priviledge to make publike Bills for the publike weale without the Kings appointment and when they have voted them for lawes to tender them to the King for his royall assent be no diminution to his Soveraignty then by the selfe-same reason the Parliaments nomination or recommendation of Counsellors State-officers and Iudges to his Maiesty with a liberty to disallow of them if there be iust cause assigned can be no encroachment on nor iniury at all to his Maiesties Royalties it being all one in effect to recommend new Lawes to the King for his royall assent when there is need as to nominate meet Officers Counsellors Iudges to him to see these Lawes put in due execution when enacted So that upon the whole matter the finall result will be That the Parliaments claime of this their ancient right is no iust ground at all on his Maiesties part to sever himselfe from his Parliament or to be offended with them much lesse to raise or continue a bloody warre against them That the King hath no absolute Negative voyce in the passing of Bills of Common Right and Iustice for the publike good THe fourth great Objection or Complaint of the King Malignants Royallists against the Parliament is That they deny the King a negative Voyce in Parliament affirming in some Declarations That the King by his Coronation Oath and duty is bound to give his royall assent to such publike Bills of Right and Iustice as both howses have voted necessary for the common wealth or safety of the Realme and ought not to reject them Which is say they an absolute deniall of his royall Prerogative not ever questioned or doubted of in former ages To this I answer first in generall That in most proceedings and transactions of Parliament the King hath no casting nor absolute negative voyce at all as namely in reversing erronious Iudgments given in inferiour Courts damning illegall Pattents Monopolies Impositions Exactions redressing removing all publike grievances or particular wrongs complained of censuring or judging Delinquents of all sorts punishing the Members of either house for offences against the Houses declaring what is Law in cases of difficulty referred to the Parliament of which there are sundry presidents In these and such like particulars the King hath no swaying negative voice at all but the houses may proceed and give Iudgement not only without the Kings personall presence or assent as the highest Court of Iustice but even against his personall Negative vote or dissassent in case he be present as infinite examples of present and former times experimentally manifest beyond all contradiction Nay not only the Parliament but Kings Bench Common Pleas Chancery and every
RIGHTFVLL LAWES and Customes the which THE COMMONS OF YOVR REALME SHALL CHVSE in the future and where but in the Parliament House when and where they meet together to make good Laws and shall strengthen and maintain to the worship of God after your power The King shall answer I grant and beheâ—e But that which puts this past all doubt is the Coronation Oath of K. Edward the 6. thus altered by the Lord Protectour and Kings Councell in words but not sence Doe you grant to make NO NEW LAWES but such as SHALL BE to the honour and glory of God and to the good of the Common-wealth and that the same SHALL BEE MADE BY CONSENT OF YOVR PEOPLE AS HATH BEEN ACCVSTOMED Where this clause of the Oath referres wholly and onely to future new LAWES to be chosen and made by the Peoples consent not to Lawes formerly enacted And certainly it must do sâ— else there would be much Tautology in this short solemne Oath unsutable to the grave wisdome and judgement of an whole Kingdom to prescribe and continue for so many ages and for our Kings in discretion to take For the first clause of the Oath both in the Latin French and English Copieâ— of ancient and present times is this Sir will you grant and keep and by your oath confirme to the people of England THE LAWES AND CVSTOMES GRANTED TO THEM BY ANCIENT KINGS OF ENGLAND rightfull men and devout to God and namely the Lawes and Customes and Franchises granted to the Clergy and to the people by the glorious King Edward to your power Which clause relating to all Lawes and Customes granted by formeâ— Kings to the people if this latter clause should be in the pretertense too HATH CHOSEN as the King and his mistaken Counsell object it would be a meer Suâ—plusage or Battology yea the same insubstance with the first part of the oath and ouâ— Kings should be onely bound by their oathes to observe their Ancestors Lawes not their owne as they now argue the reason perchance why the Petition of Right and our other new Lawes are so ill observed which is ridiculous to imagine And whereas they obiect that the word CVSTOMS joyned to lawes in the last clause cannot be meant of such Customes as the people shall chuse after the Oath made because all Customes are and must be time out of minde The Answer is very easie For Customes here are not taken strictly for ancient usages time out of minde but for Statutes Franchises just Liberties or Taxes for the Kingdoms defence chosen freely granted by the Commons or people and to be confirmed by the King in Parliament as appears by the first clause of the oath the laws customs granted to them by the ancient Kings of England And by Bracton himself who expounds this clause of the oath to relate to future Laws newly made by our Kings after their Coronations in this observable passage Hujusmodi vero leges Anglicanae CONSVETVDINES regum authoritate jubent quandoque quandoque vetant quandoque vindicant puniunt transgressores quas quidem cum FVERINT APPROBATAE CONSENSV VTENTIVM ET SACRAMENTO REGVM CONFIRMATAE mutari non poterunt nec destrui SINE COMMVNI CONSENSV EORVM OMNIVM quorum CONSILIO ET CONSENSV FVERVNT PROMVLGATAE Now no Customes properly so called can commence by way of grant especially of the King alone but only by the people and common usage for a good space of time as the Customes of Gavelkinde Burrough English and such like never granted nor commenced by Charter or Act of Parliament did and if the King by Charter or Act of Parliament should grant a new Custome before it were a Custome in this sense it would be utterly void in law because there was no such custome then in being and no granâ— or act can make or create a custome or prescription that had no former being Therefore Custome in this oath coupled with just and reasonable must needs be meant only of such iust and reasonable statutes liberties privilidges immunities aides taxes or services for the subjects ease and benefit and the publike service as they upon emergent occasions shall make choice of in Parliament of whose iustnesse and reasonablenesse not the King alone but the grand Councell of the Kingdom assembled in the Parliament to this very end to iudge of make and assent to iust and profitable Laws are and ought to be the proper Iudges as I have elswhere manifested and the very words of the oath QVAS VVLGVS ELIGERIT to which justas leges consuetudines relates resolve beyond contradiction And King David and Achish both were of this opinion 1 Chron. 13. 1. to 6. 2 Sam. 18 2 3 4. 1 Sam. 29. 2. to 11. and King Hezekiah too 2 Chron. 30. 1. to 7. 23. yea God himselfe and Saunel too 1 Sam. 8. 4 to the end Fifthly Because it is directly contrary to the preambles and recitals of sundry Acts of Parliament in most of our Kings reignes comprising the two last reasons To instance in some few of many the ancient statutes of Marlbridge begin thus The yeare of grace 1267. for the better estate of the Realme of England and for the more speedy ministration of Iustice AS BELONGETH TO THE OFFICE OF A KING the more discreet men of the Realme being called together as well of the higher as of the lower estate It was provided agreed and ordained that whereas the Realme of latâ— had beene disquieted with manifold troubles and distractions for reformation whereof statutes and lawes BE RIGHT NECESSARY whereby the peace and tranquility of the people may be conserved wherein the King intending to devise convenient remedy hath made these Acts underwritten The statutes of 3 Edw. 1. have this Prologue These be the Acts of King Edward c. at his first Parliament generall after his Coronation Because our Soveraigne Lord the King hath great zeal in desire to redresse the state of the Realm in such things AS REQVIRED AMENDMENT for the common profit of the holy Church and of the Realme c. the King hath ordained and established these Acts underwritten which he intendeth TO BE NECESSARY AND PROFITABLE unto the whole Realme And cap. 17. in the Marches of Wales and elsewhere where the Kings Writs be not currant the King which is chiefe and soveraigne Lord there SHALL DOE RIGHT THERE unto such as will complaine And cap. 48. The King hath ordained these things unto the honour of God and holy Church and for the commonwealth and for the remedy of such as be grieved and for as much as it is great charity which is oft times put for Iustice as here TO DOE RIGHT VNTO ALL MEN AT ALL TIMES WHEN NEED SHALL BE by assent of all c. it was provided The statute of Glocester in the 6. year of King Edw. 1. is thus prefaced For the great mischiefs and disinherisons that the people of the
contentment of all good Subjects joy and re-establishment of our peace in truth and righteousnesse To end the point proposed Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London But many of the Lords refused to come pretending causes and impediments by which their absence might well be excused and so this Parliament tooke no effect and nothing was done therein In this particular then Popish Prelates Lords and Commons have exceeded Protestants in this or any other Parliament 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 wils Thus the Barons Prelates and Commons by open warre and Armes enforced both King Iohn 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 a solemne Oath one after another at Saint Edmonds upon the High Altar 1214. That if King John should refuse to grant these Lawes and Liberties they would wage warre against him so long and withdraw themselves from their Allegiance to him untill he should confirme to them by a Charter ratified with his Scale all things which they required And that if the King should afterwards peradventure recede from his owne Oath as they verily beleeved 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 enforced King Iohn thus to ratifie these Charters for the better maintenance of them they elected 25. Barons to be the Conservators of their Priviledges who by the Kings appointment though much against his liking as afterwards appeared tooke an Oath upon their Soules that with all diligence they would observe these 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 obey the commands of the 25. Barons After this Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford whither the Lords came armed with great Troopes of men for feare of the Poictovines to prevent treachery and civill warres and the Kings bringing in of Foraine force against his naturall Subjects to which end they caused the Sea-ports to 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 were these That the King should firmely keepe and conserve the Charter and Liberties of England which King John his Father made granted and ratified with an Oath and which himselfe had so often granted and sworn to maintaine inviolable and caused all the infringers of it to be horribly excommunicated by all the Bishops of England in his owne presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be made their Chiefe Iustice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honour of the King and kingdome To these their necessary Counsels 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 desist to prosecute their purpose neither for losse of money or Lands nor love nor hate no nor yet for life or death of them or theirs till they had cleared England to which they and their forefathers were borne from upstarts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely armed that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath and his Sonne Prince Edward also that he would submit to their Counsels and all those their Ordinances for feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Which done all the Peeres and Prelates took their Oath To be faithfull to this their Ordinance and made all who would abide in the Kingdome to swear they would stand to the triall of their Peeres the Arch-Bishops 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 own Lands the Barons enforced him according to his promise sent them in writing before his arrivall to take this Oath as soone as he landed in the Chapter-house at Canterbury Hear all men that I Richard Earle of Cornewal swear upon the holy Gospels to be faithfull and forward to reforme with you the Kingdome of England hitherto by the Counsell of wicked men so much deformed And I will be an effectuall coadjutor to expell the Rebels and troublers of the Realm from out of the same This Oath will I observe under paine to forfeit 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 jurisdictions to preserve themselves and the kingdome from slavery and desolation whom Matthew Paris his continuer for this service stiles Angliae Reipublicae Zelatores the Zelots of the English Republicke Neither is this their example singular but backed with other precedents In the second and third yeares of King Edward the second Piers Gavesâ—on his great proud insolent covetous unworthy Favorite miscounselling and seducing the young King from whom he had been banished by his Father swaying all things at his pleasure the Peers and Nobles of the Realme seeing themselves contemned and that foraine upstart preferred before them all came to the King and humbly entreated him That he would manage the Affaires of his Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incumbent dangers the King Voce tenus consented to them and at their instance summoned a Parliament at London to which he commanded all that ought to be present to repaire Where upon serious debate they earnestly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and to the Church of England The King imagining that they would order Piers to be banished a long time denied to grant their demand but at last at the importunate instance of them all he gave his assent and 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
their Buls to dissolve them to keepe themselves in their chaires This is apparent 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 Towne where the Parliament is kept That all those who would deliver Petitions or Bils to the Parliament should deliver them in a certaine time That the Parliament should not depart so long as any Petition made thereto hangeth undiscussed or undecided or at the least to which there is not made a determinate answer the Kings Majesty being desirous of his grace and favour to give the Subject redresse of any injury not to suffer his people to goe unsatisfied Hence departing of the Parliament OUGHT TO BE in such manner First IT OUGHT TO BE demanded yea and publickely proclaimed in the Parliament and within the Pallace of the Parliament whether there be any that hath delivered a Petition to the Parliament and hath not received answer thereto If there be none such it is supposed that every one is satisfyed or else answered unto at the least So far forth as by Law it may be And then all may depart Hence it was that in 21 R. 2. c. 16 17 18 19. Divers Petitions not read nor answered in Parliament by reason of shortnesse of time and not determined sitting the Parliament were by special 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 and Judgements 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 find 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 Reigne proposed this question among others to his Judges at Nottingham Castle which for ought I finde was never doubted before Whether the King whensoever pleaseth him might dissolve the Parliament and command his Lords and Commons to depart from thence or not Whereunto it was of one minde answered That he may And if any would proceed in the Parliament against the Kings will he is to be punished as a Traytor For which opinion and others some of these Judges and Lawyers as Tresilian and Blake were condemned of high Treason the next Parliament 11 R. 2. drawn 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 than malice were yet condemned as Traytors and banished the kingdome onely their lives were spared True it is that the packed and over-awed Parliament of 21 R. 2. terrifyed by the Kings unruly great Guard of Cheshire Archers forementioned 21 R. 2. c. 12. being specially interrogated by the King how they thought of these answers of the Judges said That they thought they gave their answers duely and faithfully as good and lawfull liege people of the King ought to doe But yet the Parliament of 1 H. 4. â— 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 trecherous temporising Judges as a thing made for the great honour and common profit of the Realme Besides the Statutes of King Alfred and Edward the 3. which enact that a Parliament shall be holden once every yeare and oftner if need be for redresse of mischiefes and grievances which daily happen strongly intimate that if a Parliament ought in Law to be called as often as neede is of purpose to redresse the Subjects grievances and mischiefes then it ought not in point of Law to be dissolved till these grievances and mischiefes be redressed else the summoning 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 Protestation We shall deny nor deferre to no man either Iustice or Right and by sundry other Acts all the Kings Iudges are sworne and commanded to doe even Law and execution of right to all his Subjectes 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 as if no such Letters Writs or Commandements were come unto them The makers therefore of these Oathes 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. 11 R. 2. c. 9. 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 privy seale nor by Writ or Letter could without just or lawfull cause assigned prorogue or adjourne the Terme or sitting of any Courts of Justice much lesse prorogue or dissolve his highest Court and grand Councell of the Realme the Parliament or disable them to fit to redresse the kingdomes and Subjects severall grievances or secure the Realm 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 Justice in the highest Court of Justice 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 subversion of Lawes
Liberty Justice and the whole Realme would ensue If any therefore cavill at the Act for 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 fifty 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 Parliament Prelates Lords and Commons in former times have claimed and exercised farre greater Priviledges and Jurisdictions than this or any other Protestant Parliament hath hitherto claimed or practised which I hope will forever silence the clamourous tongues of all ill Counsellours Courtiers Royalists Malignants Papists and Cavaliers against the present Parliament of whose highest yet moderate proceedings 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 said to be the Highest Soveraigne power of all others and above the King himselfe which because it may seeme a dangerous paradox and tends much to the vindication both of the Priviledges Honour and Iurisdictions of our High Court of Parliament now so much undervalued because not really known 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 and Authorities as no rationall man I hope shall be able to contradict but must necessarily submit to First it is undeniable that the Court of Parliament hath a lawfull power to question all the Kings Patents Charters Commissions Proclamations Grants Warrants Writs and Commitments whatsoever whether they be Legall yea to cancell or repeale them in case they be illegall mischievous or onerous to the Subject not onely without but against the Kings consent and mandate to the contrary as appeares by infinite precedents in this and all foremer Parliaments the scourges of Monopolists Patentees and Projectors the Pests of the Commonwealth The like power have all other Courts of Justice 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 Justice is superiour to the King This is Bractons resolution l. 2. c. 16. f. 34. a and Fletaesl 1. c. 17. Where they affirme the Law and Parliament to be above the King because they may censure judge and rescinde the Kings Acts Charters legally and judicially even against his personall though not legall Will which is 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 supreamest and most proper Judge and its resolution from which there is no appeale to 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 Forest-Bounds Marshall Law Pressing and Billetting Souldiers Imprisonment by speciall Command of the King or his Privy Counsell Tonnage and Poundage Knight-hood and Taxes the Commission of Array and the like which obliege both King and Subject the King in receiving justice in such cases being subject to the Law as well as the meanest of his Subjects as Bracton truely avers against all Royalists mistakes Now that which can thus finally conclude and binde the King himselfe even volens nolens in cases of highest concernment entrenching farthest upon his Prerogative Royall must doubtlesse be 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 warranted by the Law which is Paramount the King as Bracton Fleta Fortescue King Iames Edward the Confessor yea and Aristotle resolve may be tâ—uely said to be above the Kings person which they binde but not above the Parliament which by its superlative power may examine all judgements and verdicts in other Courts by way of error or appeale and reverse them if there be cause when as the King in person cannot by law examine or reverse them but onely in his Courts of Justice by his Judges Thirdly Parliaments oft times doe and may as they see cause enlarge the Kings Prerogative and Royall power in sundry particulars in which the King had no such jurisdiction before these Acts witnesse the Statute de Praerogativa Regis The notable Parliament Roll of 1. H. 4. num 108. Where the Commons in Parliament grant the King that he shall be in as GREAT ROYALL LIBERTY as his Noble Progenitors were before him having formerly made the like Grant to King Richard the second who perverted it to the altering of the Lawes in many things as appeares by this Roll. 25 H. 8. c. 19 20 21. 26 H. 8. c. 1 3. 31 H. 8. c 9. 34 and 35 H. 8. 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 other Acts. Now that Parliamentary power which onely can create and conferre on Kings a greater regall Authority and Prerogrative than they had before must needs be the Originall and supreame Authority for as we rightly argue 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 Authority of all other yea larger and higher than the Kings because it onely can enlarge the Kings Prerogative all whose originall or additionall Royalties proceeded 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
may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded and that onely for the publique weale not prejudice of the people The Emperour Otho the first and our King Richard and second as some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subjects blood by civill warres and settle peace within their Realmes and shall not other Kings then most joyfully part with some Punctilioes of their reall or 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 and Aristotle Polit. l. 1. c. 2. with Marius Salamonius de Principatu l. 1. p. 40 41. conclude that the whole or greatest part in all politique or naturall Bodies is of greater excellency power and jurisdiction than any one particular member Thus in all our Corporations the Court of Aldermen and Common Councell is of greater power than the Mayor alone though the chiefe Officer the Chapter of greater authority than the Deane the Deane and Chapter than the Bishop the whole Bench than the Lord chiefe Iustice the whole Councell than the President the whole Parliament then either of the Houses and by like reason than the King especially since one of the three Estates is lesser than the three Estates together who in Parliament by the fundamentall Constitutions of the Realme are not Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination that in an Oligarchie Aristocracie and Democracie whatsoever seemes good to the major part of the Governours of the Common-wealth that is ratified that the whole City Kingdome Family is more excellent and to be preferred before any part or member thereof And that it is unfit the part should be above the whole And in all Courts of Justice Corporations and Elections 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 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 kind 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. State 2. c. 4. 6 H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himselfe from the same Parliament till it be fully ended or proâ—ogued without speciall license of the Speaker of the Commons to be entred of Record in the journall Booke under paine of amercement losse of wages other punishment nor any Member of the Vpper House without that Houses license under paine of inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3 E. 3. 19. Fitz. Coron 161. and Stamford l. 3. c. 1. f. 153. compleatly answers that fond cavill of Malignants and Royalists against this Parliament that the King and many of the other Members have wilfully absented themselves from the House of purpose to dissolve it if they could notwithstanding the late speciall Act made by their joynt consents 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 Logicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve both Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these absent Members be the greater number why doe they not come and over-vote the rest in the House in a peaceable legall usuall Parliamentary way rather than challenge them into the field in a military illegall unusuall bloody manner unheard of in former ages If the lesser party then present or absent the major part must over-rule them volens nolens as it hath ever used unlesse they will be wilfuller I cannot say wiser than all their predecessors put together As for his Majesties absence from the Parliament by the pernicious advise of evill Counsellors so much insisted on by Malignants I answer First That it was without any just cause given by the Parliament Secondly It was much against their wills who have oft importuned petitioned and used all possible meanes to procure his returne Thirdly His absence was procured and is yet continued by those alone who most unjustly taxe the Parliament for it and would take advantage of this their owne wrong Fourthly though he be personally absent as a man yet he is still Legally present in Parliament called the Kings presence as he is a King as he is in all other his Courts of Justice where all proceedings are entred Coram Rege though the King never yet sate personally in either of them as he hath oft times done in this Parliament for the continuance whereof he hath passed such an Act as will inseparably tye his royall presence to it though the Cavaliers about him should be force with-draw his person from it not onely as farre as Yorke but the remotest Indies yea he must first cease to be King of England ere he can be legally absent from his Parliament of England This his wilfull personall absence from his greatest Counsell which desires and needs it is as many conceive an Act of the highest injustice that ever any Prince could offer of his Parliament worse than Rehoboams forsaking the counsell of his ancient Sages to follow the hare-brain'd advise of his young Cavaelieres for though he followed not their ancient prudent counsell yet he with-drew not himselfe from them as his Majesty now severs himselfe from his Parliament not only without but against all precedents of his Royall predecessors except King Richard the second who once absented himselfe from his Parliament above forty dayes yet then returned to it upon better advise and the very common custome and Law of the Land which he is obliged by his Coronation Oath and many late Protestations added to it constantly to maintaine This appeares most clearely by the ancient Treatise Of the manner of holding of Parliaments in England both before and since the
Conquest tendered to and approved by the Conquerour himselfe newly Printed 1641. which in the Section Touching the Kings absence from Parliament resolves thus The King is BOUND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily sicknesse and then he may keepe his Chamber yet so as he lye not without the Manour or Towne at the least where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two Earles two Barons two Knights of the shire two Burgesses and two Citizens to looke upon his person to testifie and witnesse his estate and give Authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name See 8 H. 5. c. 1. Cromptons Iurisdiction f. 13. a. 17. b. according herewith expresse mention being made in that Commission of the cause of his absence there which ought to suffice The reason is because there was wâ—nt to be a cry and murmure in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole commonalty of the Parliament neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELY IN THE CASE AFORESAID And whereas Malignants clamour that most of the Lords are absent as well as the King and therefore this can be no lawfull Parliament The same Authour will informe them That if the Lords be once summoned to Parliament and then appeare not or absent themselves the King may hold the Parliament with the Commonalty and Commons of the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in England because he represents a whole County Towne or City the other himselfe alone without Bishops Earles or Barons because in times past before there was either Bishop Earle or Baron yet even then Kings kept their Parliaments but on the contrary no Parliament can be kept by the King and Peeres if all the Commons for the Kings misgovernment or such like cause should absent themselves This is the judgement of Master Iohn Vowel too who writes in this manner Yet neverthelesse if the King in due order have summoned 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 to any thing then the Kings with the consent of his Commons may ordaine and establish any acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents But on the contrary If the Commons be summoned and will not come or comming will not appeare or appearing will not consent to doe any thing illedging some just weighty and great cause the King in these cases cannot with his Lords devise make or establish any Law The reasons are these When Parliaments were first begun and ordained there were no Prelates or Barons of the Parliament and the temporall Lords were very few or none and then the King and his Commons did make a full Parliament which Authority was never hitherto abridged Againe every Baron in Parliament doth represent but his owne person and speaketh in the behalfe of himselfe alone But in the Knights Citizens and Burgesses are represented the Commons of the whole Realme and every of these giveth not consent onely for himselfe but for all those also for whom be is sent And the King with the consent of his Commons had ever a sufficient and full authority to make ordaine and establish good and wholesome Lawes for the Commonwealth of his Realme Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament cannot by their folly abridge the King and the Gommons of their lawfull proccedings in Parliament Thus and more Iohn Vowel in his Order and Vsage how to keepe a Parliament Printed Cum Privilegio And Sir Edward Cooke in his Institutes on Magna Charta proves that the Lords and Peeres in many Charters and Acts are included under the name of the Commons and Commonalty of England But we need not retire to this last doubtfull refuge the Honourable faithfull Lords now present though not so many as could be desired are the intire House of Peeres in judgement of Law as those present at the election of Knights of the Shire or Burgesses though the major part be negligently or wilfully absent are the whole Shire or Burrough and the wilfull absence of the residue though the greater number being contrary to Law contrary to the Priviledges of Parliament and their late Protestations tending to the very subversion of Parliaments for which high contempt they and their Posterities too may justly be disabled for ever to sit as members of that House which they have so dishonourably if not treacherously deserted even as well as Knights and Burgesses whose personall attendance is so necessary that if during the Parliament they absent themselves from it about any businesses of their owne without leave of the House or be so sicke or elected Mayors of a Towne or any other judiciall Officers so as they cannot attend the service of the House they may thereupon be lawfully expelled the House and a new Writ expressing the cause of their removall shall issue for a new election of others in their places to make the House compleat as was resolved by the Commons House 38 H. 8. Br. Parliament 7. can no more disable those now present from being a true and lawfull House of Peeres than the multitudes departing from the true Church of God to the faâ—se disprove it to be the true Church of Christ whose true flocke is but little In a word divers Parliaments have beene kept and held and Acts made without Bishops or Abbots heretofore even while they were reputed members of the Lords House and one of the three Estates in Parliament therefore this Parliament which hath taken away Bishops Votes for ever may be lawfully held notwithstanding any Lords or Commons wilfull absence from it in person who yet as long as they are members of the Parliament shall still be adjudged legally present whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement and make binding Orders though the Chiefe Justice and his fellowes be negligently or wilfully absent Much more then may the Lords and Commons now present doe the like in case of the Kings and other Members wilfull absence of purpose to ruine both Parliament and Kingdome against which they are now in armes and have levyed open warre Sixthly it is most apparent both by Scripture the verdict of all Politicians and writers of note the Statutes of our Realmes and Lawyers that kingdomes Subjects and Parliaments were not created by God for the
wils pleasures profit or benefit of Kings who by birth and nature differ not at all from the meanest of their Subjects but Kings were at first constituted and still continued for the protection welfare benefit service of their kingdomes Parliaments People whose publicke Servants Ministers Shepherds Fathers Stewards and Officers they are Now Nature Reason and Scriptures resolve that he who is instituted meerely for the benefit and service of another as all the Creatures were created for mans use and therefore are inferiour unto man in dignity and power is of lesse dignity power and jurisdiction than the intire body of those for whose good he was instituted as the servant is inferiour to his Master the Wife to her Husband for whom they were created the Mayor to the whole Corporation and the King to his whole Kingdome and Parliament which consideration hath caused sundry Kings and Emperours not onely to adventure their lives in bloody battles but to lay downe their Crownes for the peace and safety of their Subjects witnesse Otho the first and others with the Examples of Moses Exod. 32. 9. to 15 32. Numb 14. 11 to 15. of David 2 Sam. 29. 17. 1 Chron. 21. 17. and Iohn 10. 11. 15. with other precedents which I pretermit And the reason is apparent for if the King be slaine in defence of the kingdome or People yet the kingdome and people may remaine secure and another succeed him in that office of trust In which respect a Politique body differs from a Naturall that it hath life continuance and meanes to guide defend and Order it selfe though the King and head be cut off by death But if the Realme and People be destroyed though the King survive them as a Man yet he must necessarily perish in and with them as a King since he cannot possibly be a King without a kingdome and people for whose good and safety alone he was made a King Hence Aristotle Polit. l. 3. c. 4. and Marius Salamonius de Principatu l. 2. p. 50. define a Principality to be A just Government for the benefit of the people respecting onely the publique good and welfare not its owne private advantage Hence Plato de Repub. l. 1. thus describes the Office of a Prince towards the Common-wealth That as he is a Prince he neither mindes nor commands what is advantagious to himselfe but what is beneficiall to his Subjects and whatever he saith or doth he saith and doth it for the profit and honour of the Republicke which Cicero in his Offices hath more elegantly thus translated As the defence so the procuration of the Common-weale is to be managed to be benefit of those who are committed not of those to whom it is committed And de Finibus l. 3. A good and wise man not ignorant of his civill Office is more carefull of the utility of all than of any one or of his owne Neither is a Traytor to his Country to be more dispraised than a deserter of the common profit and safety for his owne profit and safety And the Emperour Iustinian used this golden sentence Quod communiter omnibus prodest hoc privatae nostrae utilitati praeferendum esse censemus nostrum esse proprium subjectorum commodum Imperialiter existimantes Imperialis benevolentiae hoc esse judicantes in omni tempore Subjectorum commodatam investigare quam eis mederi procuremus I shall conclude this with Salamonius his words Let the Prince be either from God or from men yet think not that the world was created by God and in it men that they should serve for the benefit of Princes for it is an absurdity above what can be spoken to opine that men were made for Princes since God hath made us free and equall But Princes were ordained ONELY FOR THEIR PEOPLES BENEFIT that so they might innocently preserve humane and civill societie with greater facility helping one the other with mutuall benefits Which he there largely proves by sundry Histories and Authorities That of Peter Matthew being a certaine verity All the Actions of a Prince must tend to the good and health of his people for whom he lives and more than for himselfe as the Sun doth not shine and give heat but for men and the elements The King then being made King onely for the Kingdomes Parliaments Peoples service must needs in this regard be inferiour to not Paramount them in absolute Soveraigne power though greater better than any particular Subjects Seventhly The Parliament as our Law-bookes and Writers resolve is the most high and absolute 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 among other Priviledges this is the highest that it is above the Law it 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 Iudgements whatsoever of the King or any other Courts of Iustice if they be erroneous or illegall not onely without but against the Kings personall consent so farre 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 Realme vested in his person that he and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power alter the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever nor impose the least taxe or common charge upon his people nor imprison their persons distraine 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 Potest as sua Iuris est non injuriae Nihil aliud potest Rex in terris nisi ID SOLUM QUOD DE JURE 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 Iohn Bodin that great Lawyer and Politician resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes to 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 he 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 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
concurring with it Iosh. 22. 11 12 c. Iudg. 20. 1. to 48. compared with Prov. 20. 18. c. 24. 6. and Iudg. 11. Secondly All preparations belonging to warre by Land or Sea have in the grosse and generall beene usually ordered limited and setled by the Parliaments as namely First What proportions and summes of money should be raised for the managing of the warre in what manner and time it should be levyed to what hands it should be paid and how disbursed which appeares by all the Bills of Subsidies Tenths Taxes Tonnage and Poundage in the Reignes of all our Kings Secondly How every man should be Mustered Arrayed Armed According to his estate as is cleare by all our Statutes of Armour Musters Captaines Ships Horses Warres reduced under heads by Rastall where you may peruse them by Justice Crookes and Huttons Arguments against Ship-money Sir Edward Cookes Institutes on Magna Charta f. 528 529. the Parliaments two late Declarations against the Commission of Array and the Statute of Winchester 13. E. 1. c. 6. Thirdly How farre every man shall March when he is Arrayed when he shall goe out of his owne County with his Armes when not who shall serve by Sea who by Land how long they shall continue in the Warres when they shall be at their owne when at the Kingdomes when at the Kings costs or wages and for how long time as the Marginall Statutes and next forecited Law Authorities manifest Fourthly When where and by whom Liveries Hats Coates shall be given in Warres when not and what Protections or Priviledges those who goe to Warres or continue in them shall have allowed them Fifthly What shares or proportions of Prisoners Prises Booties Captaines and Souldiers should be allowed in the Warres And at what Ports and rates they should be Shipped over Sea Sixthly How and by whom the Sea shall be guarded and what Jurisdiction Authority and share of Prises the Admirals of England shall have When the Sea shall be open when shut to enemies and strangers What punishments inflicted for Mariners abuses on the Sea And what redresse for the Subjects there robbed by enemies or others Seventhly What Castles Forts Bulwarkes shall be built or repaired for defence of the Realme in what places and by whose charges Eightly What punishment shall be inflicted upon Captaines who abuse their trust detaine the Souldiers wages and on Souldiers who sell their Armes or desert their colours without speciall License Ninthly What provision there shall be made for and maintenance allowed to Souldiers hurt or maimed in the Warres by Land and for Mariners by Sea Tenthly That no ayde Armour Horses Victuals shall be conveyed to the enemies by way of Merchandise or otherwise during the Warres that all Scots and other enemies should be banished the Kingdome and their goods seised whiles the warres continued betweene England and them Eleventhly How Frontier Castles and Townes toward Waâ—es and other places of hostility should be well manned and guarded and no Welchmen Irish Scots or alien Enemies should be permitted to stay in England to give intelligence or suffered to dwell or purchase Houses or Lands within those Townes and that they shall all be disarmed Twelfthly After what manner Purveyances shall be made by the Captaines of Castles and how they shall take up victuall In one word Warres have beene ended Leagues Truces made confirmed and punishments for breach of them provisions for preservation of them enacted by the Parliament as infinite Precedents in the Parliament Rols and Printed Acts demonstrate So that our Parliaments in all former ages even in the Reignes of our most Martiall Kings have had the Soveraigne power of ordering setling determining both the beginning progresse and conclusion of our Warres and the chiefe ordering of * all things which concerned the managing of them by Sea and Land being indeed the great Counsell of Warre elected by the Kingdome to direct our Kings who were and are in truth but the kingdomes chiefe Lord Generalls as the Roman Emperours and all Kings of old were their Senates States and Peoples Generals to manage their Warres and fight their battailes the Soveraigne power of making and directing Warre or Peace being not in the Emperours or Kings themselves but in their Senates States and Parliaments as Bodin proves at large And being but the Kingdomes Generals who must support and maintaine the Warres there is as great reason that they should direct and over-rule Kings in the Ordering of their Warres and Militia when they see cause as that they should direct and rule their Lord Generall now or the King his Generals in both his Armies During the minorities of King Henry the sixth and Edward the sixth the Parliament made the Duke of Bedford Regent of France and the Dukes of Glocester and Sommerset Lord Protectors of England committing the trust of the Militia and Warres to them And i 39. H. 6. the Parliament made Richard Duke of Yorke Lord Protector of the Realme and gave him like power when the King was of full age And in our present times The King himselfe this very Parliament voluntarâ—ly committed the whole care and managing of the Warres in Ireland and the Militia there to this present Parliament who appointed both the Commanders and al other Officers of the Forces sent hence into Ireland and that without any injury or eclipse to his Majesties Royall Prerogative If then the Subjects and Parliament in ancient times have had the election of their Generals Captaines Commanders Sheriffes Mayors and other Officers having the chiefe ordering of the Militia under the King if they have constantly Ordered all parts and matters concerning the Warres in all former Kings Reignes appointed Regents and Protectors committing to them the Kings owne Royall power over the Militia during their Minorities and his Majesty himselfe hath permitted this Parliament to Order the Militia of Ireland to which they have no such right or Titleash to that of England without any prejudice to his Prerogative I can see no just exception why his Majesty should at first or now deny the Parliament such a power over the Militia as they desired for a time or why in point of Honour or Justice their Bill for setling the Militia in safe under hands in such persons as both sides may well confide in should now be rejected being for the Kings Kingdomes and Parliaments peace and security much lesse why a bloody intestine Warre should be raised or continued upon such an unconsiderable point on his Majesties part who seeing he cannot manage the Militia in proper person in all Counties but onely by Substitutes hath farre more cause to accept of such persons of Honour and quality as his Parliament shall nominate in whom himselfe and his whole Kingdome in these times of Warre and danger may repose confidence to execute this trust then any whom his owne judgement alone or
judicature as both King and Kingdome may confide in which will be so far from depressing that it will infinitely advance both the Kings Honour Justice profit and the Kingdomes too Seventhly It is undeniable that the Counsellours Judges and Officers of the Kingdome are as well the Kingdoms Councellours Officers and Iudges as the Kings yea more the Kingdoms than the Kings because the King is but for the Kingdoms service and benefit This is evident by the Statute of 14 E. 3. c. 5. which enacts that as well the Chancellour Treasurer Keeper of the Privie Seale the Iustices of the one Bench and of the other the Chancellour and Barons of the Exchequer as Iustices assigned and all they that doe meddle in the said places under them shall make an Oath well and lawfully to SERVE the King and HIS PEOPLE in THEIR OFFICES which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. 1 Rich. 2. c. 2. swearing and injoyning them To doe even Law and execution of right to all the Subjects rich and poore without having respect to any person c. And if any of them doe or come against any point of the great Charter or other Statutes or the Lawes of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament as well at the Kings suite as at the suite of the party Seeing then they are as well the Kingdomes Councellours Officers Iudges as the Kings and accountable responsible for their misdemeanours in their places as well to the Parliament and Kingdom as to the King great reason is there that the Parliament Kingdome especially when they see just cause should have a voice in their elections as well as the King The rather because when our Kings have been negligent in punishing evill Councellours Officers Iudges our Parliaments out of their care of the publike good have in most Kings reignes both justly questioned arraigned displaced and sometimes adjudged to death the Kings greatest Counsellours Officers and Iudges for their misdemeanours witnesse the displacing and banishing of William Longcham Bishop of Ely Lord Chauncellour chiefe Iustice and Regent of the Realme in Richard the 1. his Reigne Of Sir Thomas Wayland chiefe Iustice of the Common pleas attainted of Felony and banished for bribery by the Parliament 18 Ed. 1. the severall banishments of Piers Gaveston and the â— Spensers the Kings greatest favourites Officers Counsellors for seducing miscounselling King Edward the second oppressing the Subjects and wasting the Kings revenues the removall and condemnation of Sir William Thorpe Chiefe Iustice of the Kings Bench for Bribery 25. E. 3. The fining and displacing of Michael de 〈◊〉 Pole Lord Chauncellour Alexander Nevell and divers other great Officers and Privie Counsellours with the condemning executing and banishing of Tresilian 〈◊〉 and other Judges in 10 11 Rich 2. by Parliament for ill Councell and giving their opinions at Nottingham against Law Of Empson Dudley and that grand Cardinall Wolsey Lord Chancellour and the Kings chiefest Favourite and Counsellour in Henry the eight his Reigne Of the Duke of Sommerset Lord Protector and his Brother Lord Admirall for supposed Treasons in Edward the 6 th his Reigne Of Sir Francis Bacon Lord Keeper and Cranfield Lord Treasurer in King Iames his latter dayes with infinite other presidents of former and latter ages and one more remarkable then all the rest In the Yeare 1371. the 45. of King Edward the third his Reigne and somewhat before the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands Simon Langham Arch-bishop of Canterbury being Lord Chancellour of England Iohn Bishop of Bath Lord Treasurer William Wickam Archdeacon of Lincolne Keeper of the Privie Seale David Wolley Master of the Rolles Iohn Troy Treasurer of Ireland Robert Caldwell Clerke of the Kings Houshold William Bugbrig generall Receiver of the Dutchy of Lancaster William Ashby Chancellour of the Exchequer Iohn Newneham and William de Mulso Chamberlaines of the Exchequer and keepers of the Kings Treasury and Iewels Iohn Roxceby Clerke and Comptroller of the Kings works and Buildings Roger Barnburgh and 7 Priests more Clerkes of the Kings Chancery Richard Chesterfield the Kings under-Treasurer Thomas Brantingham Treasurer of Guives Merke and Calis All these Clergie-men who abounded with pluralities of rich Spirituall Livings though they Monopolized all these temporall Offices in the Parliament of 45 Edward the 3d. by a Petition and complaint of the Lords were displaced at once from these Offices no wayes suitable with their functions and Lay-men substituted in their places And a like president I find about 3 Hen. 3d. where the Clergy Lord Chancellour Treasurer with other Officers were removed upon a Petition against them and their Offices committed to Temporall-men whom they better beseemed If then the Parliament in all Ages hath thus displaced and Censured the greatest Councellours State-Officers Iudges for their misdemeanours ill Counsell insufficiency and unfitnesse for these places contrary to that twice condemned false opinion of the over-awed Iudges at Nottingham in 11 R 2. That the Lords and Commons might not without the Kings will impeach the Kings Officers and Iustices upon their Offences in Parliament and he that did contrary was to be punished as a Traitour and that upon this very ground that they are the Kingdoms Counsellours Officers and Iustices as well as the Kings and so responsible to the Parliament and Kingdome for their faults I see no cause why they may not by like reason and authority nominate and place better Officers Counsellours Iudges in their steeds or recommend such to the King when and where they see just cause Eightly Iohn Bodin a grand Polititian truely determines and proves at large That it is not the right of election of great Officers which declareth the right of Soveraignty because this oft is and may be in the Subjects but the Princes approbation and confirmation of them when they are chosen without which they have no power at all It can then be no usurpation at all in the Parliament upon the Kings Prerogative to nominate or elect his Councellours great Officers and Iudges or recommend meet persons to him which is all they require so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents in case he cannot justly except against them Of which power they never attempted to divest his Majesty though he be no absolute but only a politick King as Fortescue demonstrates Ninthly It hath beene and yet is usuall in most Forraigne Kingdomes for the Senate and people to elect their publike Offiâ—ers and Magistrates without any diminution to their Kings Prerogative In the Roman State the people and Senate not only constantly elected their Kings and Emperours but all their other grand publike Officers and Magistrates as Consuls Tribunes Dictators Senators Decemviri and the like
that in every Parliament at the third day of the same Parliament the King shall take to his hands the Offices of all the Ministers aforesaid and so shall they abide 4 or 5 dayes except the Offices of Iustices of the one place and the other Iustices assigned Barons of the Exchequer so alwayes that they and all other Ministers be put to answer to every complaint And if default be â—ound in any of the said Ministers by complaint or other manner and of that be attainted in the Parliament he shall be punished by judgement of his Peeres out of his Office and other convenient set in his place And upon the same our said Soveraigne Lord the King shall doe to be pronounced to make execution without delay according to the Iudgement of the said Peeres in the Parliament Loe here an expresse Act of Parliament ordained and established by King Edward the third by assent of the Prelates Earles Barons and other great men and of all the Commonalty of the Realm which this King did give and grant for him and his heires firmely to be kept and holden for ever that all great Officers Barons Iudges and Iustices of the Kingdome and chiefe attendants about the King and Prince should not onely take the fore-mentioned Oath but be elected alwayes by the accord of the great Men and good Councell neare and about the King out of Parliament and by the Peeres in Parliament and the King bound to make execution according to their Iudgement This Law as I conceive was never legally repealed by Parliament but onely by this Kings Proclamation by the ill advice and forced consents of some few Lords and Councellours about him upon pretence that he never freely assented to it but by dissimulation onely to obtaine his owne ends that Parliament which else would have miscarried and broken up in discontent had not this Law beene granted in manner aforesaid Which consideration makes me confident that the Parliament being so eager to obtaine this Law would never so soone yeeld wholly to repeale it and so for ought I know it stands yet in force to justifie the present Parliaments claime in this particular In 2 E. 3. c. 8. 14 E. 3. c. 5. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. divers notable Oathes are prescribed to Iudges Iustices and other Officers and that they shall not delay nor forbeare to doe right for the Kings great or little Seale or any letters from him or any other but goe forth to doe the Law notwithstanding them In the Yeare 1375. the 50 of Edward the 3d. his raigne a Parliament commonly called the good Parliament by our Historians being assembled the King required a Subsidie by reason of his warres to which the Commons answered that they could no longer beare such charges considering the manifold most grievous burdens they had from time to time borne before and that they knew full well that the King was rich enough to defend him and his Land if his Land and the Treasure were well guided and governed but it had beene long evill ruled by evill Officers so that the Land could not be plenteous neither with Merchandize chaffer nor riches By reason whereof and of their importunate charges the Commonalty was generally impoverished Moreover the Commons complained upon divers Officers that were the causers of this mis-order whereof the Lord Latimer then Lord Chamberlaine was principall and Dame Alice Piers the Kings Concubine who would usually in most impudent manner come in person into all Courts of Iustice and sitting by the Iudges and Doctors perswade or disswade them to judge against the Law for her owne advantage on that side for which she was engaged to the great scandall and dishonour of the King both in his owne and other Realmes and Sir Richard Scurry Knight by whose Councells and sinister meanes the King was mis-guided and the government of the Land disordered Wherefore they prayed by the mouth of their Speaker Sir Piers de la Mare that the said persons with others might be removed from the King and others to be set in authority about his person as should serve for his honour and for the weale of his Realme Which request of the Commons by meanes of the Noble Prince Edward was accepted so that the said persons with the Duke of Lancaster and others were removed from the King and other Lords by advise of the said Prince and other wise Lords of the Realme PER PARLIAMENTVM PRAEDICTVM writes Walsingham were put in their places such as the Prince and Peers thought fittest Moreover in this Parliament at the Petition of the Commons it was ordained That certaine Bishops Earles and other Lords should from thence forth govern both the King and Kingdom the King being then in his dotage unable to governe himself or the Kingdome because the king was growne old and wanted such Governours This passage is thus expressed in the Parliament Roll of 50. E. 3. numb 10. Also the Commons considering the mischiefes of the Land shewed to the King and Lords of the Parliament that it shall be for the honour of the King and profit of all the Realme which is now grieved in divers manners by many adversities as well by the wars of France Spaine Ireland Guyon and Bretaigne and else-where as likewise by the Officers who have been accustomed to be about the King who are not sufficient at all without other assistance for so great a government wherefore they pray that the Councell of our Lord the King be inforced or made up of the Lords of the Land Prelates and others to the number of 10. or 12. which the King shall please to remaine continually with the King in such manner that no great businesse shall passe or be there decreed without all their assents and advice and that other lesser businesses shall be ordered by the assent of 6 or 4. of them at least according as the case shall require so that at least 6. or 4. of such Counsellours shall be continually resident to councell the King And our Lord the King considâ—ring the said request to be honourable and very profitable to him and to all his Realme hath thereto assented provided alwayes that the Chancellour Treasurer or Keeper of the Privy seale and all other Officers of the King may execute and dispatch the businesses belonging to their Offices without the presence of the said Councellours the which the King hath assigned c. But this Ordinance lasted scarce three moneths for after the Commons had granted a Subsidy of foure pence the pole of all above foureteene yeares old except Beggars Prince Edward dying and the Parliament determining these removed ill-officers got into the Court and their offices againe and by the instance and power of Alice Piers the Speaker De la Mare was adjudged to perpetuall prison in Nottingham Castle an Act without example in former times and which did no good in this where he remained prisoner
they were exceedingly moved with indignation Yet no man durst speake openly of the matter by reason of the malice of those about the king and the irrationall youth of the king himselfe and so the benefits of the king and kingdome were trodden under foote by the countenance of the kings indiscretion and the malice of those inhabiting with him In the ninth yeare of king Richâ—rd the second Michael dâ— la Pâ—le Earle of Suffolke for grosse abuses bribery and Treason was put from his Chauncellourship fined 20000. markes to the king and condemned to dye Haec autem omnâ—a quanquam summe regi placuisse dâ—buerant maximè displicebant adeò fidebâ—t infideli adeo coiuit nebulonem Insomuch that the King and his familiars plotted to murther the Knights of the Parliament who most opposed the subsidie he demaunded and the said Michael together with the Duke of Glocester at a supper in London to which they should be invited thinking by this meanes to obtaine their wills But the Duke and they having timely notice thereof and Richard Exton then Major of Londoâ— freely telling the king when he was called to assent to this villany that he would never give his consent to the death of such innocents though Sir Nicholas Bramber Major thâ— yeare before had thereto assented this wickednesse was pâ—evâ—nted and being made publicke to all the inhabitants in the City and parts adjoyning from thenceforth the hatred of such counsellors and love of the Duke and foresâ—yd knights encreased among all men And the Duke and Knights with greater constancie and courage opposed De la Pole and after many delayes the king full â—ore against his will WAS COMPELLED to give a commission of Oyeâ— terminer to the Duke of Glocestâ—r and â—iâ—hard Earle of Arundell to heare and determine the businesses and complaints against De la Pole and all others which the Knights of the Parliament had accused who gave judgement of death against them and Thomas Arundell Bishop of Ely was mâ—de Chauncellour by the Parliament in De la Poles place and the Bishop of Durham removed from his Lord Treasurership with which he was much enamoted taking much pâ—ines and being at great cost to procure it and 〈◊〉 Gilbert Bishop of Herefoâ—d qui plus liâ— gua quam fide vigebat was suâ—rogaâ—ed in 〈…〉 But this Parliament ending the king immediately received De la Pole whom Walsingham stiles Pâ—rfidiae promptuarium sentiâ—a avaritiae aurâ—ga proditionis archa malitiae odii seminator mendacii fabric tor susurro nequissâ—mus dolo pâ—aestantiss mus artificiosus detractor patâ—iae delâ—toâ— consiliarius nequam meritò perfi us euomens spiritum in terra pâ—regrina together with the Duke of Ireland and Alexander Nâ—vell Archbishop of Yorke into his Court and favour who laboured night and day to incense the King against the Lords and to annull the Acts of this Parliament by which meanes the Kings hatred towards his Nobles and naturall faithfull people increased every day more and more these ill Councellors whispering unto him that he should not be a king in effect but onâ—ly in shâ—dow and that he should enjoy nothing of his owne if the Lords shouâ—d keepe tâ—eir received power The King therefore beleeving them from thenceforth suspected all the Nobles and suffered these ill Councellors and their confederates to wâ—st his revenues and oppressâ— his people Whereupon the next yeare following a Parliament being summoned the Lords and Commons by reason of great and horrible mischeifes and perils which had hapned to the King and the Realme aforetime by reason of evill Councellors and governance about the Kings person by the foresaid Archbishop of Yorke Robert de Vere Duke of Ireland De la Pole Robert Trisilâ—an Lord Chiefe Iustice of England Sir Nicholas Brambre and other their adherents who wasted demished and destroyed the goods treasure and substance of the Crowne oppresâ—sed the people dayly with importable charges neglecting the execution of the good Lawes and Customes of the Realme so that no full right nor justice was done c. whereby the king and all his Realme were very nigh to have beene wholy undone and destroyed for these causes and the eschewing of such like perills and mischeiefes to the King and Realme for time to come displaced and removed these ill Councellors and at their request a new Chauncellor Treasurer and Privie seale were ordained in Parliament even such as were held good sufficient and lawfull to the honour and profit of the King and his Reaâ—me And by advise and assent oâ— the Lords and Commons in Parliament in ayde of good governance of the Realme for the due executi us of good Lawes and the reliefe of the Kings and his peoples â—tates in time to come a speciall Câ—mmission under the great Seale of England confirmâ—d by the Statute of 10. R. 2. c. 1. was granted to both Archbishops the Dukes of Yorke and Glocester the Kings Vnclâ—s thâ— Bishops of Worcester and Exetor the Abbot of Waltham the Earle of Arundle the Lord Cobham and others to be of the Kings GREAT CONTINVALL COVNSELL for one yeare then next following to survey and examine with his sayd Chauncellor Treasurâ—r and Keeper â—f the Privie â—â—ale as well the estate and government of his house as of all his Courts and places as of all his Realme and of all his Officers and Ministers of whatsoever estate as well within the house as without to inquire and take information of all rents revenues profits due to him in any manâ—er within the Realme or without and of all manner of gifts granâ—s alienaâ—ions or confirmations made by him of any Land Tenements Rents Anuities Profiâ—s Revenues Wards Marriages and infinite other particulars specified in the Act and of all kinde of oppressions offenses and dammages whatsoevâ—r donâ— to tâ—e King or his people and them finally to heare and determine And that no man should councell the king to repeale this Commission though it tooke no effect under paine of forfaiting all his goods and imprisonment during the kings pleasure No sooner was this Parliament dissolved but this unhappie seduced King by the instigation and advise of his former ill Councellors endeavours to nullifie this Commission as derogatory to his royall power and sending for his Iudges and Councell at Law to Notâ—ingham Castle caused them to subâ—cribe to sundry Articles tending to the Totall subversion of Parliaments causing the Duke of Glocâ—ster and other Lords who procured this Commission to be indighted of high Treason to which Inditements the Iudges being over-awed with feare set their hands and seales for which illegall proceedings destructive to Parliaments by 11. R. 2. c. 1 to 7. these ill pernicious Councellours and Iudges were attainted and condemned of High Treason put from their Offices their Lands confiscated many of them executed the residue banished and above 20. other Knights Gentlemen and Clergie men who mis-councelled the King imprisoned condemned and banished the Court as
the Statutes at large in 11. 21. R. 2. and our Historianâ— in those yeares more copiously manifest In 12. R. 2. c. 2. There was this notable Law enacted which Sir Edward Cooke affirmes is worthy to be writ in Letters of gold and worthier to be put in due execution For the Universall wealth of all the Realme it is enacted that the Chauncellor Treasurer Keeper of the Privie Seale Steward of the Kings house the Kings Chamberlaine Clarke of the Rolls the Iustices of the one Bench and other Barons of the Exchequor and all other that shall be called to ordaine name or make Iustices of peace which whether the Lord Keeper alone can make or unmake without consent of all these or put out of Commission without just cause and conviction now commonly practised is a considerable Question upon this and other statutes Sheriffes Escheators Customers Controllers OR ANY OTHER OFFICER or Minister of the King shall be firmely sworne that they shall not ordaine name or make Iustices of peace Sheriffe Escheator Customer Controller or other Officer or Minister of the King for any gift or brocage favour or affection nor that none which puâ—sueth by him or by other privily or apertly to be in any manner Office shall be put in the same Office or in any other But that they make ALL SVCH OFFICERS and Ministers OF THE BEST MOST LAWFVLL MEN SVFFICIENT to their estimation and knowledge Which most excellent Law with others of like nature still in force were it duly executed there would not be so many corrupt Officers of all these sorts in the kingdome as now swarme in every place From which Act I shall onely make these 2. Inferences First that if so great a care ought to be had in the choyce of these under-Officers then certainely farre more of the grand Officers and Iudges of the kingdome Secondly that if it be no disparagement to the Kings honour or prerogative for these greâ—t Officers of the Realm to ordain name and make Iustices of peace Sheriffes and other under Officers of the King wiâ—hout the kings privitie as oft times they doe then by the same or greater reason it can be no diminotion of his honour or prerogative Royall for the Parliament which is best able to judge of mens abilities and honesties to have power onely to nominate or recommend to the King such as they know to be the best most lawfull and sufficient men for the highest state Offices and places of Iudicature when they becomevoyd Not to trouble you with any more Presidents in this Kings Raigne recorded in Story I shall close them up with one or two more upon record In the Parliament of 3. R. 2. The Câ—ancellor having declared the causes of Summons and among others the great stâ—aights the King was in for want of money so that he had at that time nothing in his Treasury but was greaâ—ly endebted c. He pâ—ayed the Parliament â—o advise how and after what manner he mâ—ght be relieved not onely for his owne safety but for the safetie of them all and of the Râ—alme To which the Commons after they were advised of theâ—r said Charge returned this Answer to the King in Parliament by their Speaker in name of the whole Commons That the said Commons are of opinion that if their Liege Soveraigne had beene well and 〈◊〉 governed in his Expences spent 〈◊〉 the Realme and elsewhere he now had had no neede of their aid by charging the 〈…〉 whom they imagined to be now more poore and indigent then ever they were before Wherefore they pray That the Prelates and other Lords of the Kings continuall Councell who have a long time travelled in the said affaires BE VTTERLY DISCHARGED to their great ease and in discâ—arge of the King from their custodies and that No such Counsellors should be retained about â—he King in regaâ—d that our Lord the King is now of good discretion and â—f a goodly Stature having respect to his Age which is now neare the age of his noble Grandfather at the time of his Coronation who had no other Counsellors at the beginning of his raigne but ONELY the Five accustomed Principall Officers of HIS REALME They further pray that In this Parliament these Five Principall Officers may bee Elected and Chosen out of the most Sufficient Men within the Realme who may be tractable and who may best know and execute their Offices that is to say The Chancellor Treasurer Keeper of the Privie Seale Chiefe Chamberlaine and Steward of the Kings House and that these so chosen of whose Names and persons the Commons will be ascâ—rtained this Parliament for their greater comfort and aide to execute the businesse of the King shall have it therein declared that they Shall not be Removed before the next Parliament unlâ—sse it be by reason of Death Sicknesse or other necessary cause And they likewise pray for remedy of default â—f the saâ—d Government if there be any on that party that a sufficient and generall Commission may be made the best that may be devised to certaine Prelates Lords and others of the most sufficient lawfull and wise men of the Realme of England diligently to Survey and examine in all the Courts and places of the King as well within his owne house as elsewhere the estate of the said House and al expences and receits whatsoever made by any of the Ministers or any Officers of thâ— Realme and of othâ—r his Seignoriâ—s and Lands as well on this side as â—eyond the Sâ— as from the Kings Coronâ—tion till this prâ—sâ—nt so thâ—t if there be aâ—y default bee found by the said Examination in any mâ—nner by negligence of Officers or othâ—rwise â—he said Commissioners shall certifie them to our Lâ—râ— the King to have them amended and corrected to the endâ— that our Loâ—d the King may be honourably governed within his Realm as bâ—longeâ—h to a King to be governed and may be able with his owne râ—veneues to support the charge of his Expences and to defend the Realme on every part and defray the other charges above named Which Petition and Commission the King accordingly granted In the Parliament of 13. R 2. An. 1389. Iohâ— Duke of Lancaster By ASSENT of all the Estates of Parliament was created Duke of Aquitaine for his life by King Richard his Nephew the words of whose Patent Printed at large in Master Seldens Titles of Honour runne thus De ASSENSU Praelatorum Ducum Magâ—â—tum alioâ—um Proâ—erum Communitatis Regni nostri Angliae in instanti Parliamento nostro apud West monasterium convâ—cato existentiuâ— teâ— praedelectissimum Patrium no strumin DVCEM AQVITANIAE cum Tituâ—o Stilo ac nominâ— honore eidem debitis praefiâ—imâ—â— ac inde praesentiali er per â—ppositio 〈◊〉 Cappae 〈◊〉 capiâ—i ac traditionem Virgae aureae iâ—vestimus c. toto tempoâ—e viâ—ae tuae possidâ—ndum c. Giving him power thereby To Coine what Gold
inferior Court of Iustice whatsoever hath such a Priviledge by the Common law and statutes of the Realm that the King himself hath uo negative voice at all somuch as to stay or delay for the smalest moment by his great or privy seale any legall proceedings in it much lesse to countermand controle or reverse by word of mouth or proclamation any resolution or judgement of the Iudges given in it If then the King hath no absolute Negative overruling voice in any of his inferiour Courts doubtlesse he hath none in the supreâ—mest greatest Court of all the Parliament which otherwise should be of lesse authority and in farre worse condition then every petty sessions or Court Baron in the Kingdome The sole question then in debate must be Whether the King hath any absolute Negative over-ruling voice in the passing of publike or private Bills For resolving which doubt we must thus distinguish That publike or private Bills are of two sorts First Bills only of meere grace and favour not of common right such are all generall pardons Bills of naturalization indenization confirmation or concession of new Franchises and Priviledges to Corporations or private persons and the like in all which the King no doubt hath an absolute negative voice to passe or not to passe them because they are acts of meere grace which delights to be ever free and arbitrary because the king by his oath and duty is no way obliged to assent thereto neither can any subjects of justice or right require them at his hands it being in the Kingsfree power to dispence his favours freely when and where he pleaseth and coÌ„trary to the very nature of free grace to be either merited or coÌ„strained SecoÌ„dly Bills of common right and justice which the King by duty and oath is bound to administer to his whole kingdome in generall and every subiect whatsoever in particular without denyall or delay Such are all Bills for the preservation of the publike peace and safety of the kingdome the Liberties Properties and Priviledges of the Subiect the prevention removall or punishment of all publike or private grievances mischiefes wrongs offences frauds in persons or callings the redresse of the defects or inconveniences of the Common Law the advancing or regulating of all sorts of Trades the speedy or better execution of Justice the Reformation of Religion and Ecclesiasticall abuses with sundry other Lawes enacted in every Parliament as occasion and necessity require In all such Bills as these which the whole state in parliament shall hold expedient or necessary to be passed I conceive it very cleare that the king hath no absolute negative voyce at all but is bound in point of office duty Oath Law Iustice conscience to give his royall assent unto them when they have passed both houses unlesse he can render such substantiall reasons against the passing of them as shall satisfie both Houâ—eâ— This being the onely point in controversie my reasons against the Kings absolute over-swaying negative Voyce to such kinde of Bills as these are First because being Bills of common right and Iustice to the Subiects the denyall of the Royall assent unto them is directly contrary to the Law of God which commandeth kings to be just to doe judgement and justice to all their Subjects especially to the oppressed and not to deny them any just request for their reliefe protection or wellfare Secondly because it is point-blanke against the very letter of Magna Charta the ancient fundamentall Law of the Realme confirmed in at least 60. Parliaments ch 29. WE SHALL DENY WE SHALL DEFERRE both in the future tense TO NO MAN much lesse to the whole Parliament and Kingdome in denying or defâ—rring to passe such necessary publike Bills IVSTICE OR RIGHT A Law which in terminis takes cleane away the Kings pâ—etended absolute negative Voyce to these Bills we now dispute of Thirdly Because such a disasseâ—tâ—ng Voyce to Bills of this nature is inconsisent with the very office duty of the king and the end for which he was instituted to wit equall and speedy administration of common right justice and assent to all good Lawes for protection safety ease and benefit of his Subjects Fourthly Because it is repugnant to the very Letter and meaning of the kings Coronation Oath solemnly made to all his Subiects TO GRANT FVLFILL and Defend ALL RIGHTFVLL LAWES which THE COMMONS OF THE REALME SHALL CHVSE AND TO STRENGTHEN AND MAINTAINE THEM after his power Which Clause of the Oath as I formerly manifested at large and the Lords and Commons in their Remonstrance of May 26. and Nov. 2. prove most fully extends onely or most principally to the kings Royall assent to such new rightfull and necessary Lawes as the Lords and Commons in Parliament not the king himselfe shall make choise of This is infallibly evident not onely by the practise of most of our kings in all former Parliaments especially in king Edward the 1 2 3 4. Rich. 2. Hen. 4 5 and 6. reignes whereof the first Act commonly in every Parliament was the confirmation of Magna Charta the Charter of the Forest and all other former unrepealed Lawes and then follow sundry new Actâ— which the Lords and Commons made choise of as there was occasion and our Kings assented to confessing they were bound to doe it by their Coronation oath and duty as I shall manifest presently but likewise by the words of the Coronation oaths of our ancienter Kings already cited in the first part of this Discourse and of our Kings oaths of latter times the Coronation Oaths of King Edward the 2. and 3. remaining of Record in French are in the future tense Sire grantes vous a tenir et garder LES LEYS et les Coustumes DROITVRELES les quiels LA COMMVNANTE de vostre Royaume AVRESLV les defenderer et assorcerâ—r al honeur de Diâ—u a vostre poare Respons Ie le FERAI in the future too The close Roll of An. 1. R. 2. M 44. recites this clause of the Oath which King Rich took in these words Et etiam de tuendo custodiendo IVST AS LEGES consuetudines ecclesiae ac de faciendo per ipsum Dominum Regem eas esse protegendas ad honorem Dei CORROBOR AND AS quas VVLGVS IVSTE ET RATIONABILITER ELEGERIT juxta vires ejusdem Domini Regis in the future tense And Rot. Parliament 1. H. 4. p. 17. expresseth the clause in King Henry his Oath thus Concedis IVSTAS LEGES consuetudines esse tenendas promittis per te eas esse protegendas ad honorem Dei CORROBORANDAS QV AS VVL GVS ELEGERIT secundum vires tuas Respondebit Concedo Promitto In the Booke of Clarencieux Hanley who lived in King Henry the 8. his reigâ—e this clause of the Oath which this king is said to take at his Coronation is thus â—endred in English Will you GRANT FVLFILL defend ALL
Realme of England have heretofore suffered throught default of the law that failed in divers cases within the said Realm our soveraign Lord the King for the amendment of the land for the reliefe of his people and to eschew much mischiefs dammages and dis-inherisons hath provided established these Acts underwritten willing and commanding that from henceforth they be firmely kept within this Realme The Statutes of Westminster 2. in his 13. year begin thus Whereas of late our soveraigne Lord the King c. calling his Counsell at Glocester and considering that divers of this Realm were disherited by reason that in many cases where remedy should have been had there was none provided by him nor his Predecessors ordained certaine statutes right necessary and profitable for his Realm whereby the people of England and Ireland have obtained more speedy Iustice in their oppressions then they had before and certaine cases wherein the law failed did remaine undetermined and some remained to be enacted that were for the reformation of the oppressions of the people our soveraigne Lord the King in his Parliament holden c. the 13 ear of his reign at Westm. caused many oppressions of the people and defaults of the lawes for the accomplishment of the said statutes of Glocest to be rehearsed and thereupon did provide certaine Acts here following The sâ—atute of Quo Warranto An. 1278. the 6. year of this King made at Glocest. hath this exordium The King himself providing for the wealth of his Realm and the morefull administration of Iustice AS TO THE OFFICE OF A KING BELONGETH the more discreet men of the Realm as well of high as of low degree being called thither it was provided c. The staâ— of York 12 E. 2 hath this Prologue Forasmuch as people of the Realm of England and Ireland have heretofore suffered many times great mischiefs damage and disherison by reason that in divers cases where the law failed no remedy was purveyed c. our soveraign Lord the King desiring THAT RIGHT BE DONE TO HIS PEOPLE at his Parl. holden at York c. hath made these Acts statutes here following the which he willeth to be straitly observed in his said Realm In 9. Ed. 3. in a Parliament held at York the Commons desired the King in the said Parliament by their Petition that for the profit and commodity of his Prelates Earls Barons and Commons of his Realm it may please him WITHOVT FVRTHER DELAY upon the said grievances and outrages to provide remedy our soveraign L. the K. desiring the profit of his people by the assent of his Prelates c. upon the said things disclosed to him found true to the great hurt of the said Prelates c. and oppression of his Commons hath ordained and established c. In 10. E. 3. stat 1. there is this introduction Because our Soveraigne Lord the King Edw. 3. WHICH SOVERAIGNLY DESIRETH the maintenance of his peace and safeguard of his people hath perceived at the complaint of the Prelates Earls Barons and also at the shewing of the Knights of the shires and the Commons in their Petition put in his Parliament c. divers oppressions and grievances done to his people c. COVETING to obvent the malice of such felons and to see a covenable remedy hath ordained c. for the quietnes and peace of his people that the articles underneath written be kept and maintained in all points 14. E. 3. stat 1. To the honor of God c. the King for peace and quietnesse of his people as well great as small doth grant and establish the things underwritten The like we have in 15. E. 3. stat 1. and in this kings Proclamation for revoking it there is this passage We considering how BY THE BOND OF OVR OATH WE BE BOVND TO THE OBSERVANCE AND DEFENCE OF THE LAWES AND CVSTOMES OF THE REALME c. So in 20. E 3. Because that by divers complaints made to us we perceived that the law of the land which WEE BY OVR OATH BE BOVND TO MAINTAINE is the lesse well kept and the execution of the same disturbed many times c. WE GREATLY MOVED OF CONSCIENCE IN THIS MATTER and for this cause desiring as much for the pleasure of God and ease and quietnesse of our Subjects AS TO SAVE OVR CONSCIENCE AND TO KEEPE OVR SAID OATH by the assent of the great men and other wise men of our Counsel we have ordained these things following 23. E. c. 8. That in no wise ye omit the same as ye love us and the Commonwealth of this Realme 25. E. 3. stat 2. Because that statutes made and ordained before this time have not been holden and kept as they ought to be the King willing to provide quietnesse and common profit of his people by the assent c. hath ordained and established these things under-written The passage in the statute of Provisors 25. E. 3. Parliam 6. is notable Whereupon the said Commons have prayed our Soveraigne Lord the King that SITH THE RIGHT OF THE CROWNE OF ENGLAND AND THE LAW OF THE SAID REALME IS SVCH that upon the mischiefes and dammages which hapneth to his Realme HE OVGHT AND IS BOVNDEN OF THE ACCORD OF HIS SAID PEOPLE IN PARLIAMENT THEREOF TO MAKE REMEDY AND THE LAW OF VOIDING THE MISCHIEFES and dammages which thereof commeth that it may please him thereupon to ordain remedie Our Soveraigne Lord the King seeing the mischiefes and dammages before named and having regard to the statute made in the time of his Grandfather and to the cause contained in the same which statute alwayes holdeth his force and was never defeated nor annulled in any point and by so much AS HE IS BOVNDEN BY HIS OATH TO DOE THE SAME TO BE KEPT AS THE LAW OF THIS REALME though that by sufferance and negligence it hath been attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great dammage and mischiefs which have hapned and daily do happen to the Church of England by the said cause By assent of the great men and Commonalty of the said Realm to the honor of God and profit of the said Church of England and of all his Realme hath ordered and established c. 28. E. 3 The King for the common profit of him and his people c. hath ordained 36. E. 3. To the honour and pleasure of God and the amendment of the outragious grievances and oppressions done to the people and in reliefe of their estate King Edward c. grantâ—d for him and his Heires for ever these Articles underwritten 1. R. 2. To the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts within our Realm of England which we doe much desire We have ordained c. 3. R. 2. For the honour of God and of holy Church
and for the common profit of the Realme of England our Soveraigne Lord the king hath ordained c. for the quietnesse of his said people the Statutes and Ordinances following c. cap. 2. with 2. H. 4. c. 1. Our soveraign Lord the king greatly desiring the tranquility and quietnes of his people willeth and straitly commandeth that the peace within his Realme of England be surely observed kept so that all his lawful subjects may from henceforth safely and peaceably goe come and dwell after the Law and usage of the Realme and that Iustice and right be indifferently ministred to every of his said subjects as well to the poore as to the rich in his Courts 1. H. 4. Henry by the Grace of God c. to the honour of God and reverence of holy Church for to nourish peace unity concord of all parties within the Realm of England and for the reliefe and recovery of the said Realm which now late hath been mischievously put to great ruine mischief and desolation of the assent c. hath made and established c. 6. H. 4. c. 1. For the grievous complaints made to our Soveraigne Lord the king by his Commons of the Parliament of the horrible mischiefes and damnable custome which is introduced of new c. Our soveraign Lord the King to the honor of God as well to eschew the dammage of this Realme as the perils of their soules which are to be advanced to any Archbishopricks or Bishopricks c. hath ordained Divers such recitalls are frequent in most of our statutes in all Kings raignes viz. 37. E. 3. c. 2 3 4 5. 3. R. 2. c. 3. 5. R. 2. Stat. 1. 2. 6. R. 2. Stat. 1. 7. R. 2. 8. R. 2. For the common profit of the said Realme and especially for the good and just government and due execution of the common Law it is ordained c. 10. R. 2. Prologue c. 1. 11. R. 2. c. 1. 12. R. 2. 13. R. 2. Prologue c. 3 5 6. 14. R. 2. 21. R. 2. 1. H. 4. 5. c. 7. 1. H. 6. 8. H. 6. Prologue c. 25. 10. H. 6. c. 3. 12. H. 6. c. 12. 39. H. 6. Prologue 1. R. 3. c. 2. 6. 8. 3. H. 7. c. 5 6. 11. H. 7. c. 18. But I shall conclude with some more punctuall ones 18. E. 3. stat c. 1 2. To nourish love peace and concord between holy Church and the Realme and to appease and cease the great hurt and perils impertable losses and grievances that have been done and happened in times past and shall happen hereafter if the thing from henceforth be suffered to passe c. for which causes and dispensing whereof the ancient lawes usages customes and franchises of the Realm have been and be greatly appaired blemished and confounded the Crown of the king minished and his person falsly defrauded the treasure and riches of his Realme carried away the inhabitants and subjects of the Realme impovirished troubled c. the King at his Parliament c. having regard to the quietnesse of his people which he chiefly desireth to sustaine in tranquility and peacâ— to governe according to the Lawes Vsages and Franchises of this Land as HE IS BOVND BY HIS OATH MADE AT HIS CORONATION following the wayes of his Progenitors which for their time made certaine good Ordinances and provisions against the said grievances c. by the assent c. hath approved accepted and confirmed c. 2. R. 2. c. 7. Because the King hath perceived as well by many complaints made to him as by the perfect knowledge of the thing c. the King desiring soveraignly the peace and quietnesse of his Realme and his good Lawes and Customes of the same and the Rights of his Crowne to be maintained and kept in all points and the offenders duly to be chastised and punished AS HE IS SWORN AT HIS CORONATION by the assent of all the Lords c. hath defended c. And moreover it is ordained and established c. 3 R. 2. Rot. Parl. Num. 38. 40. The Commons desiring a grant of new power to Iustices of Peace to enquire into extortions the Bishops conceiving it might extend to them made their protestation against this new grant yet protested that if it were restrained only to what was law already they would condiscend to it but not if it gave any new or further power The King answers that notwithstanding their protestation or any words conâ—eined therein he would not forbeare to passe this new grant and that BY HIS OATH AT HIS CORONATION HE WAS OBLIGED TO DO IT And 6 H. 6. c. 5. We for as much as by reason of our Regality WE BE BOVNDEN TO THE SAFEGVARD OF OVR REALM round about willing in this behalfe convenient hasty remedy to be adhibite have assigned c. By these with infinite such like recitalls in our ancient and late statutes in the Kings owne Proclamations Commissions yea and in writs of law wherein wee find these expressions Nos qui singulis de regno nostro in EXHIBITIONE IVSTITIAE SVMVS DEBITORES plaenam celerem justitiam exhiberi facias Nos volentes quoscunque legios nostros in curiis nostris c. justitiam sibi c. nullatenus differri Ad justitiam inde reddendam cum omni celeritate procedatis Nos oppressiones duritias damna excessus gravamina praedictae nolentes relinquere impunita volent esque SALVATIONI QVIETI POPVLI NOSTRI hac parte PROSPICERE VT TENEMVR eidm celeris justitiae complementum debitum festinum iustitiae complementum fieri facies Nos huiusmodi praeindicio precavere volentes prout ASTRINGIMVR IVRAMENTI VINGVLO Quiaâ— iudicia in curia nostra cito reddita in suis roboribus manuteneri volumus defendi prout AD HOC IVRAMENTI VINCVLO ASTRINGIMVR TENEMVR c It is most apparent that the Kings of England both by their oath duty and common right even in point of justice and conscience are bound to assent to all publike Acts as are really necesâ—ary for the peace safety ease weale benefit prevention of mischiefs and redresse of greivances of all or any of their subjects without any tergiversation or unnecessary delayes when they are passed and tendered to them by both Houses and that in such acts as these they have no absolute Negative voice at all but ought to give their speedy free and full consents thereto unlesse they can give satisfactory reasons to the contrary Sixthly All our ancient Kings of England as the premises with all publike usefull statutes enacted in their reigne evidence have alwayes usually given their free and full consents in Parliament to such publike acts as these without deniall or protraction conceiving they were bound by oath and duty so to doe and if they ever denyed their royall assents to any Petitions or Bills of the Lords and Commons of this nature they alwayes gave such good
reasons for it as satisfied both Howses witnes their answers to infinite Petitions yet extant among the Parliament records Therefore the King now is as much obliged thereto as they Seventhly If the King in point of law should have an absolute negative voice in denying his assent to publike Bills of meere right and justice then he should have power by law to deny justice and right and to doe wrong and iniustice to his people a prerogative which neither God himselfe nor any lawfull Monarch ever yet chalenged but renounced with greatest detestation I read in Plutarch that when a flatterer said to king Antigonus that all things were honest and iust to Kings he answered only indeed to Kings of Barbarians but to us honest things are to be accounted for honest only just things for just And that Acrotatus gave the like answer to his parents when they pressed him to do an uniust thing Quoâ—iam vult is me optima agâ—re optimuÌ„ auteâ—â— est cum privato tum multo etiaÌ„ magis Principiid quod est justum agam quâ—â—ultis quae viro dicitis detrectabo Yea our law expresly denies the king any such uniust prerogative by these unquestionable maximes the King neither can nor ought by law to do any wrong seeing he is Gods Vicar and the fountaine of Iustice. Et hocsolum Rex NON POTEST FACERE quod NON POTEST INIVSTE AGERE which our law-books make no defect of power but one of the highest branches of the Kings Prerogative for confirmation whereof I shal only cite one notable Record 7. H. 4. Rot. Parl. Num. 59. The Commons complained that by the favour of Ordinaries divers incumbents were outed of their benefices by superinstitutions upon presentations of the King contrary to the statute in that case provided and were denied a Scire faciâ—s without a speciall licence or command of the King first obtained to the great offence of God and against reason and law BECAVSE SVCH AN ACT CANNOT BE ANY PREROGATIVE AT AL IN OVR LORD THE KING WHICH IS DEROGATIVE TO THE EXECVTION OF RIGHT AND IVSTICE Wherefore they petitioned the King that he would be pleased to grant and command the Chancellor to deliver a writ of Scire facias to every of his Leiges who are outed of their benefices or possessions by the foresaid title of the King and that thenceforth the Chancellors shall be bound to deliver by authority of their Offices this Writ of Scire facias at the sute of the parties and further to doe right to the parties without suing to the King and without other warrant from him To which the King gives this answer The King wills that the said statute bee firmly held and kepe and farther willeth and granteth that if hee presents to any benefice which shall bee full of any Incumbext that the Presentee of the King shall not bee received by the Ordinary to such a benefice untill the King hath recovered his presentment by processe of Law in his owne Court and if any Presentee of the King bee otherwise received and the Incumbent outed without due Processe as aforesaid the said Incumbent may commence his sute within one yeare after the Induction of the Kings Presentee or later And further the King wills that no ratification granted for the Incumbent after that the King hath presented and taken his sute shall bee allowed pending the plea nor after the judgement given for the King but that such judgement shall bee fully executed as reason demands Lâ—e here the Commons and Parliament affirme and the King himselfe subscribes thereto That the King neither hath nor yet can have any Prerogative at all which is derogative or any impediment at all in the execution of Right and Justice and disclaime a negative voyce or power in him in granting a scire facias to particular Incumbents unduly outed of their Living by a pretended prerogative power against Reason and Law Therefore à fortiori the King by his prerogative neither hath nor can have any absolute Negative voice at all to hinder the passing of publike Bills presented to him by both Houses for the due execution of right and iustice and the weale peace or safety of the whole Kingdome That speech of King Zedâ—kiaâ— to his Princes though in a bad case is an undoubted verity here Behold he is in your hands FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOU and likewise of King David to his people 2 Sam. 18. 3. 4. WHAT SEEMETH TO YOU BEST I WILL DO In one word as it is no impotency in God but a part of his owne divine prerogative that he cannot possibly ly that he cannot deny himself that he is immutable and changeth not that he cannot do injustice And as it was the Apostles highest priviledge 2 â—or 13. 8. We can do nothing against the truth but for the truth So it is no note of impotency but of highest Soveraignty in our Kings that in all Bills of publike Right and Common Iustice they have no Negative voice or power at all to withstand or deny their passing for then they should have a prerogative to deny common Right and Iustice and so to doe publike injustice which God himselfe whose vicegerents they are is uncapable of and never derived to them I will close this reason with that memorable speech of that great heathen Emperour Iulius Caesar which he somtimes used at Rome in the Councell-house Touching all other affaires that are to be taken in hand for your sake I am both your Consul and your Dictator but as touching any wrong to be done to any man I am as a private man without office Eighthly Our Kings have ever claimed this as an absolute duty from their subjects in Parliament to grant them such speedy free and competent ayds subsidies customes for the necessary defence of themselves and the Kingdome and support of their royall estates as the urgency of their publike warres and affaires required and the subjects though they have sometimes denied subsidies to their Princes upon reasonable causes and excuses alleadged by them expressed in our Historians yet have always held it their BOUNDEN DUTY to grant such ayds in Parliament when and sometimes before they have been required and have really done it without refusall when they saw just cause to grant them as all the old and new Acts for the grant of Customes Subsidies Dismes Quindismes Tonnage and Poundage Polemoney with other such aides in all our Kings-Reignes abundantly evidence Therefore the King who is as much obliged by oath and duty to aid his subjects and provide for their common protection weale peace ease as they are to provide for His and the Kingdomes safety is by like reason as much obliged in duty not to deny them such publike Acts as they are not to deny him such publike aides Ninthly Kingdomes and Commonweales were existent before Kings for there must be
a Kingdome and society of men to governe as Aristotle Cicero Polibius Augustine Fortescue and all other Polititians accord before there could be a King elected by them for to governe them And those Kingdomes and societies of men had for the most part some common lawes of their owne free choice by which they were governed before they had Kings which lawes they swore their Kings to observe before they would crowne or admit them to the government and likewise gave them a further oath to passe and confirme all such subsequent lawes as they should make choice of for their publike benefit and protection as is evident by the Coronation oaths of all our own yea of most other Christian and some Pagan Kings continuing to this very day and these words in the Kings oath QUAS VULGUS ELEGERIT which intimates the choice of Lawes to be wholly and fully in the peoples free elections prove beyond Contradiction Yea those ancient law-givers Solon 〈◊〉 Liâ—â—rguâ— Numa with others who tooke paines to compile Lawes for severall Kingdomes and Republikes did only recommend them to the people whose voluntary aâ—â—ent unto them made them binding Which lawes they either altered or repealed as they saw cause Besides during Interrognums in sorraigne elective Kingdomes the Estates in Parliament have power to make new binding Lawes repeale and alter old as they did in Aragon after Sanchius his decease before they elected a new King whom they swore to observe the Lawes then made before they would admit him without any Kings assent at all who yet give their royall assent to Lawes made in their reignes And in our owne and other successive Kingdomes during the Kings infancy dotage absence the Kingdomes and Parliaments have an absolute power as I have already manifested to create Regents or Lord-Protectorsâ— to execute royall authority and give royall assents to publike acts in the Kings name and steads without their actuall personall assents which lawes being necessary for the Subject shall be as firme and obligatory to King and Kingdome as those to which they actually assent Yea if Kings chance to die without any heire the Kingdome in such a case may assemble of themselves and make binding necessary lawes without a King and alter the very frame of government by publike consent Therefore the royall assent to just necessary publike Bills is in truth but a formall Ceremony or complement much like a Kings Coronation without which he may be and is a lawfull King bestowed by the people upon Kings for their greater honour with this limitation that they must not deny it when they of right require it to any just or necessary law not simply to make but declare confirm a law already made and passed by both houses much like a Tenants attornment to the grant of a Reversion And therefore Kings may neither in law nor conscience deny it when it is necessarily demanded to any just publike Bills unlesse they can shew good reason to the contrary so farre as to satisfie their people why such lawes should not passe Tenthly Our very lawes in many cases deny the King an absolute negative voice or power even in matters of Prerogative because they are contrary to his oath and mischeivous to the Republike This appeares most clearly in matters of Pardons the Statutes of 2 E. 3. c. 2. 14 E. 3. c. 15. 13 R. 2. c. 1. 16 R. 2. c. 6. enact That Charters of pardon shall not be granted for man slaughters Roberies Fellonies and other Trespasse but ONLY WHERE THE KING MAY DOE IT BY HIS OATH that is to say where a man slayeth another in his owne defence or by misadventure or in case where he may doe it KEEPING AND SAVING THE OATH OF HIS CROWNE Soe the King cannot pardon nor release the repairing of a Bridge or Highway or any such like publike charges or any publike Nusances or offences against paenall Lawes pro bono publico because it is contrary to the trust and confidence reposed in him for the publike good because the republike hath an interest herein and the pardoning of them would be mischeivous for the common good In like manner the King cannot deny delay nor deferre Iustice nor stay the Iudges from doing present right and justice to any of his Subjects by his Letters under his great or privy seale because it is contrary to his oath and duty Neither can he by his absolute Prerogative impose any the least â—axe or imposition on his subjects without their common consent in Parliament nor yet authorize any other to kill beat wound imprison any mans person or take away his goods without due processe of law Yea the very lawes and custome of the Realme deny the King any absolute negative voice even in the Parliament House in reversing erronious Iudgments Charters Patents declaring what is law in difficult cases or in proceedings and sentences against Delinquents or in any one particular whatsoever which concernes the administration of right or common Iustice. Therefore by the selfesame reason the very law denies him any such negative voice in refusing his royall assent to Bills of common right and Iustice And as both Houses doe alwayes over-rule the King not He both Houses in the one so by parity and congruity of reason they ought to oversway him in the other there being the same reason in both cases and the one no greater an â—ntrenchment upon his Prerogative than the other Eleventhly This is infallibly proved by the usuall forme of our Kings answers to such Bills as they assent not to Le Roy so it a visera The King will bee advised or take further consideration which is no absolute deniall but a craving of longer time to advise upon them and thereupon to assent to them if he can see no just cause to the contrary or else to give satisfactory reasons why he cannot assent Which answer were not proper nor formall had the King an absolute negative voyce to reiect Bills without rendering a sufficient satisfactory reason of his refusall of them Twelfthly publike Bills for the Subiects common good are formed for the most part by the Lords and Commons themselves who in truth as I have elsewhere proved are the chiefe Law-makers who as Aristotle defines know better what is good and necessary for their own benefit then the King their publike Minister for their good Itaque majorum rerum potestas jure populo tribuitur is Aristotles resolution Therefore in passing such Bills there is greater â—eason that both Houses should over-rule the King then the King them It is usuall in all inferior Counsells of State Law Waâ—ie of the Kings own choise for the Counsell to over-rule the King in matters of State Law Warre unlesse the king can give better reasons against than they doe for their conclusive advise and kings in such cases doe usually submit to their Counsells determinations without
contradiction of which we have sundry presidents not onely in profane but Sacred story Physicians in points of Physick Lawyers of Law Divines of Divinity Souldiers of Warre Pilots of Navâ—gation and so all Artists in their severall Arts not only instruct but over-sway their princes without finall contradiction This being a known received Mâ—xime in Law Vnicuique in sua arte peritest credendum And shall not then the Grand Counsell of the Realme in all publike State-affaires and Bills of Consequence muâ—h more over-rule the king then his privie Counsell Especially since in the Statutes of 1. H. 4. c. 6. 4. H. 4. c. 1. it is enacted to the end that the King may not be deceived in his Grants and Gifts annuall or in fee or in any offices by him to be made given or granted HE WIL by the assent of the Lords spirituall and temporall and at the request of the Commons BE COVNSELLED BY THE WISE MEN OF HIS COVNSEL IN THINGS TOVCHING THE ESTATE OF HIM AND HIS REALME and that he will make no such gifts nor grants saving to such persons as the same deserveth and as best shall seem to the King AND HIS COVNSELL And sith it is THE DESIRE OF ALL THE ESTATES OF THE REALM that nothing should be so demanded of the King he wills that all those that make any such demand contrary to this statute shall be punished by advise of him and his Counsell and that â—ee that maketh such demand shall never have the thing so demanded A Law now meet to be put in execution Thirteenthly If the king should have an absolute Negative Voyce in refusing such publike Bills as are necessary and expedient for the common good and safety of his people It would rest in the meere power and pleasure of a willfull or misadvised king seduced by evill Counsellours to deprive the kingdome of the principall use benefit and privilidges of Parliament the making of good and wholsome laws for the good government of the Realm the removall or prevention of emergent grievances or dangers and execution of publike Iustice on Delinquents to the great perill preiudice if not ruine of the Realm And our Annuall or Trienniall Parliaments should serve then to no other purpose but to supply the king with subsidies or keep the Wool sacks Benches from growing mouldy whilst the Lords and Commons sate upon them rather-like so many Cyphers without a â—iguâ—e then a Court of Parliament if the Lawes of the Realme were in the Kings hand or breast alone as Richard the 2. sometimes said they were an Article objected against him at his deposing contrary to that approved resolution of Aristotle whatsoever seâ—ms good to the major part of the Governours of the Common-wealth that is established for a law which holds good in the Kingdome of Aragon at this day where the King in making publike Lawes hath no absolute negative Voyce nor yet in summoning of Parliaments which are constantly held at their set times every yeare or two at furthest whether the king will or not Fourteenthly God himself the King of kings and Lord of Lord held this a principall part of his soveraign divine prerogative to give his people from heaven when they needed and required it right Iudgments and Lawes of truth good statutes Commandements for their good and welfare Neh. 9. 14. Exod. c. 19. and 20. and 21. Deut. 4. 8. to 41. and chap. 5. throughout Neither doth will or can he deny any Iust or necessary suite prayer or petition that his poor servants and creatures though but dust and ashes ioyntly or severally put up unto him but most willingly grants without the least deniall or unnecessary delay what ever good and needfull things they require at his hands And can or dare kings then claim a greater an higher prerogative over their kingdomes subiectâ— then God himselfe the King of kings doth overh is creatures or arrogate to themselves an absolute Negative voice where God himselfe whose servants and vicegerents only kings are neither hath nor will have any but utterly disclaimes it God forbid that any such arrogant thought should ever enter into the hearts of any Christian kings who being in truth but servants to not absolute Lords over their kingdomes in whom the soveraign legislative power and authority resides must and ought by the Lawes of God and man rather condescend to their parliaments and kingdomes iust requests in assenting to necessary wholsome iust Lawes then their parliaments and kingdomes quietly submit to their uniust disassents unto them to the publike preiudice as is cleare by 2. Sam. 8. 4. to the end Act. 13. 36. Finally our Ancestors were so farre from beleeving that our kings havean absolute negative voyce in such Bills as these that they have not only constrained our kings by threates yea force of Armes to summon and continue Parliaments but likewise compelled them to give their Royall Assents to Magna Charta Charta de Foresta Confirmatio Chartarum Articuli super Chartas with sundry other publike statutes of Right and Iustice for the common good and subiects safety and to ratifie them with their hands seales Oaths Proclamations the Bishops solemne excommunications yea and the Popes leaden Bulls against their will and liking as I have plentifully manifested in the former part Which forced assents have beene held good in Law to binde these kings and their successors with this distinction where the Lawes to which this assent was forced are convenient necessary or essentiall for the kingdomes welfare the subiects iust Liberty and such as the king by duty and oath is bound to assent to there if they compell the king to give his assent in case of wilfull deniall the assent is binding and shall not be avoided by Duresse because the King doth no more then he is obliged by Law Oath and Duty to condiscend to Upon which ground a Tenant inforced to attorne to a grant of a reversion by imprisonment upon a Quid juris clamat shall never avoid this attornmâ—nt by Duresse nor an Obligation made by one taken in execution for payment of a just debt nor the just judgment of a Iudge given by menaces shall not be avoyded This is cleere by Magna Charta and other Lawes gotten at first by Duresse and Menaces from our Kings and yet firme and binding when even thus assented to because just and necessary as King Henry 3. An 12 22. confessed Who when the Barons demanded of him the confirmation of the great Charter and their Liberties according to his Oath upon the conclusion of the peace with Lewis William Brewer one of the Kings Counsell answering that the Liberties they demanded must not be observed because they were violently extorted and words hereupon growing between the Barons and him and the Arch-bishop of Canterbury kindling at it the young King prudently closed up the whole strife with this speech All of us have sworne to
grievances I ought not to prostitute my selfe to his mercy Neither would this be for the Kings honour that I should consent unto his will which is not grounded upon reason Yea I should doe an injury to him and to Iustice which he ought to use towards his Subjects and to maintaine And I should give an ill example to all by deserting Iustice and the prosecution of right for an erronious will against all Iustice and the injury of the Subjects For by this it would appeare that we loved our worldly possessions more then Iustice it selfe And whereas the Kings Counsellours object that wee have combined with the Kings capitall enemies namely the French Scots Welsh out of hatred and dammage to king and kingdome That of the French is altogether false and that of the Scots and Welsh too excepting the king of Scots and Leoline Prince of North-â—ales who were not the kings enemies but faithfull friends untill by injuries offered them by the King and his Counsell they were by coertion against their wills alienated from their fidelitie as I am And for this cause I am confederated with them that we may the better being united then separated regaine and defend our rights of which we are unjustly deprived and in a great part spoiled Whereas the Kings Counsell propose that I ought not to confide in my Confederates because the King without any great hurt to his Land can easily separate them from my friendship Of this I make no great doubt but by this the iniquity of his Counsellors doth most of all appeare that in some sort they would cause the King to sustaine losse by those whom he specially calls capitall enemies to injure mee who have alwaies beene his faithfull Subject whiles I remained with him and yet would be so if he would restore to me and my friends our right Whereas the said Counsellors say that the Pope and Church of Rome doe specially love the King and kingdome and will Excommunicate all his adversaries which thing is even at the dores because they have already sent for a Legate It pleaseth mee well said the Marshall because the more they love the King and kingdome by so much the more will they desire that the King should treat his Realme and Subjects according to justice And I am well pleased they should excommunicate the adversaries of the Kingdome because they are those who give Counsell against Iustice whom workes will manifest because Iustice and Peace have kissed each other and because of this where Iustice is corrupted Peace is likewise violated Also I am pleased that a Legate is comming because the more discreet men shall heare our justice by so much the more vilely shall the adversaries of Iustice be confounded In which notable discourse we see the lawfullnesse of a necessary defensive Warre yeelded and justified both by the King his Counsell and the Earle Marshall as well against the King himselfe if he invade his Subjects first as any of his Forces who assist him After which the Marshall flew many of his Enemies by an Ambufâ—ado while they thought to surprise him and wasted and spoiled their goods houses lands observing this generall laudable rule which they made to doe no hurt nor ill to any one but to the Kings evill Counsellors by whom they were banished whose goods houses woods Orchards they â—poiled burnt and rooted up The King remaining at Glocester heard of these proceedings of the Marshall but his forces being too weake he durst not encounter him but retired to Winchester with Bishop Peter confounded with over much shame leaving that Country to be wasted by his adversaries where innumerable carcases of those there slaine lay naked and unburied in the wayes being food to the beasts and birds of prey a sad spectacle to passengers which so corrupted the ayre that it infected and killed many who were healthy Yet the Kings heart was so hardned by the wicked councell he followed against the Marshall that the Bishops admonishing him to make peace with him WHO FOVGHT FOR IVSTISE he answered that he would never make peace with him unlesse comming with an halter about his necke and acknowledging himselfe to be a Traytor he would implore his mercy The Marshall both in England and Iâ—eland professed that he was no Traytor that his warre being but defensive was just immutabiliter affirmans quod 〈◊〉 sibi de jâ—re quod suum er at reâ—etere posse Regis Coâ—sil orum sicorum modis omnibus quibus poterat infirmare William Roshanger in his continuation of Matthew Paris speaking of the death of Simon Monfort Earle of Leycester slaine in the Battle of Evâ—sham the greatest Pillar of the Barrons warres useth this expression Thus this magnificent Earle Symon ended his labors who not onely bestowed his estate but his peâ—son also for releiefe of the oppression of the poore for the asserting of Iustice and the right of the Realme he was commendably skilfull in learning a dayly frâ—quenter of divine Offices constant in word severe in countenance most confiding in the prayers of Religious persons alwayes very respectfull to Ecâ—lesiasticall persons He earnestly adheared to Robert Grosthead Bishop of Lincolne and committed his children to his education By his advise he handled difficult things attempted doubtfull things concluded things begun specially such things whereby he thought he might gaine desert Which Bishop was said to have enjoyned him as he would obtaine remission of his sinnes that he should undertake this cause for which he contended even unto death affirming that the peace of the Church of England could never be estaâ—lished but by thâ— materiall sword and constantly averting THAT ALL WHO DIED FOR IT WERE CROWNED WITH MARTYRDOME Some say that this Bishop on a time laying his hand on the head of the Earles eldest sonne said unto him O most deare sonne thou and thy father shall both dye on one day and with one hand of death YET FOR IVSTICE AND TRVTH Fame reports that Symon after his death grew famous by many miracles which for feare of the King came not in publicke Thus this Historian thus Robert Grosthead the most devout and learned Bishop of that age who most of any opposed the Popes Vsurpations and exactions determine of the justice and lawfulnesse of the Barons Warres Walter Bishop of Worcester concurring in the same opinion with Grosthead The same author Rishanger records that the Earle of Glocester a great stickler in these warres against the king with whom at last he accorded signified to the King by his Letters Patents under his seale that he would never â—eure Armes against the King his Lord nor against his Sonne Prince Edward NISI DEFENDO but onelâ— in his Defence which the King and Prince accepting of clearely proves that defensive Armes against King or Prince were in that age generally reputed Lawfull by King Prince Prelates Nobles People I may likewise adde to this what I read in Matthew Westminster that Richard Bishop of
they thought themselves most safe and that on the Lords owne sacred day a very unsutable time for such a bloody prophane infernall sacrifice No sooner was this mâ—tchlesse treachery of this king against his owne naturall subjects executed but he avowes and justifies that which he but the day before so solemnly and openly disclaimed as a meanes to cut off all commotions for time to come But this blood-shed begat new warres and made the Protestants in Languedoc Rochell and other parts to take up Armes in their owne defence and stand more strictly on their guard than ever before And God himselfe out of his Divine justice after this horrible Butchery committed by this dissembling cruell blasphemous King smote him with an answerable disease causing him to wallow in his owne blood which he pitifully vomited out in great abundance by all the conduits of his body for divâ—rs houres till he dyed A just judgement for him that barbarously shed blood thorowout all the Provinces of the Realme he in the mean time tossing in his bed and casting out many horrible blasphemies A notable spectacle for all unnaturall fidifragous Princes to looke on who imbrue their hands in the blood of their Christian subjects VVhich crime as the Authour of the French History observes made his reigne cursed in the City and cursed in the field cursed in the beginning and cursed in the ending mortalitie sword famine cursing feare and desolation following it even unto the end I shall conclude his reigne with the words of the French History Doubtlesse God loves not the Prince that thirsts after his subjects blood for the subjects blood is the very blood of their Prince Charles dying without Heire of his body the Crowne descended to his Brother Henry the third then king of Poland Anno 1574. his first designe was to extirpate the Huguenots and Protestant Religion thorowout the Realme though the Emperour Maximilian told him There is no sinne so great as to force mens consciences and such as think to command them supposing to win heaven doe often lose that which they possesse on earth His pernicious Cabinet Councellors to effect this designe cause him first to protest by sundry Proclamations his love to the good of his subjects and to abolish what was past so as they lay aside armes deâ—iver him all his Townes and live quietly in their houses without any search constraint or molestation for matter of conscience A policie practised onely to bring the Protestant party into slavery all those Proclamations making no mention of liberty of their Religion neither of a Parliament for the publike Government nor of a nationall Councell for matters of Conscience hereupon the Protestants stood the more upon their guards they are full of jealousie distrust doubt feare the King and his Popish Councell indeavouring by this wile to keepe the Protestant party at a gaze whiles they in the meane time made great preparations underhand to put aâ—mighty army into the field to ruine them without hope of rising So they arme on all sides especially in Poictoâ— the Protestants are besieged assaulted in many places and so manfully repulse their assailants that they are willing to hearken to a Treaty of peace wherein the Protestants demanding free exercise of their Religion thorowout all France new Chambers in the Parliament for the execution of justice punishment of the murtherers of them ease of imposts a free assembly of the generall Estates and an assurance for the entertainment of the pretended peace The King after fifteene dayes conference promiseth to content them all but he will have them to referre these demands to his will and so the Treaty vanished into smoake and new warres sprung up in every place with new Court-designes to undermine and circumvent the Protestants who are aided by a German Army Anno 1576. The Queen Mother seeing the Protestant party prosper in their warres makes a peace betweene the King and them who grants the Protestants all their former demands restores divers of them to their goods offices honours avows by a solemne Declaration the Massacres of them Anno 1572. to have beene committed against all right and law of Armes He ordained that the Children of such Gentlemen as had beene murthered should be restored to their parents goods and freed from all charges of warre yea he avowed their taking up of Armes as taken for his service c. Which Articles with the Kings Edict thereon were allowed by the Parliament at Paris But no sooner were their Forces disbanded but they began to finde this peace to be counterfeit being onely made to dis-arme them and divide their Commanders none of the premises being really performed In the mean time the house of Guise and their faction send their Agents to Rome and Spaine to joyne with them in a Catholike league and under pretence of extirpating Heresie and establishing the Roman religion thorowout France endeavour to settle the Crowne upon themselves their chiefe designes were to overthrow the succâ—ssion of the Crowne brought in by Hugh Capet in the full assembly of the Estates and to make the naming of a Successor subject unto the said Estates to cause the Princes of the blood that should oppose against the Decrees of the Estates to be declared uncapable of succeeding unto the Crown to make the Estates protest to live and die in the faith set downe by the Councell of Trent to cause it to be signed in the open Parliament to revoke and anull all publike Edicts in favour of the Protestants and their associates and to pursue them to the death that should hinder the extirpation of Heresies c. These Articles of Association were first drawne at Peronne in Picardy but disguised with goodly shewes to blinde those that would examine them more exactly as being onely to maintaine the Law and restore the holy service of God to preserve the King and his Successors in the estate dignitie service and obedience due unto them by their subjects to reserve unto the Estates of the Realme their rights preheminences and ancient liberties And for the execution of these Articles a certaine forme of Oath was propounded inflicting pains of eternall damnation to the associates that for any pretext whatsoever should withdraw themselves from this league and a Bond for such as should be enrolled or imploy their goods persons and lives to punish and by all meanes to ruine the enemies and perturbers thereof and them that should faile or make any delayes by authorities of the Head as he should thinke fit Soone after a Parliament of the three Estates is assembled at Bloyes where the Catholike Leaguers after much consultation caused the last Edict of pacification in behalfe of the Protestants to be revoked and procured an Edict for the exercise onely of one Religion to wit the Popish to be tolerated within the Realme The King of Navarre the Prince of Conde the Marshall of Montmorancy with divers other Noblemen of both religions foreseeing these practices
concluded to crave ayd from all Christian Princes and a Crossado from the Pope against the Moores and made divers Lawes to restrain the superfluities of the Realm in feasts apparell and other things Iames the 8. King of Arragon being young at the time of his Fathers death it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida that Don Sancho Earl of Roussilon should govern the Realm during the Kings minority but they gave him limitation The Kings person they recommended to Frier William of Moncedon Mr. of the Templers After which An. 1220. this yong kings Vncles seeking to wrest the Realme from him instead of governing it by the fidelity of the Estates and their authority his interest was preserved and three Governours with a superintendent of his Provinces were appointed by them and to prevent the continuall practises of the Earles of Roussillon and Fernand the king Uncles the states and justice of Arragon declared the King of full age when he was but ten yeeres old and caused the Earle of Roussillon to quit the Regencie the authority of the justice of Arragon being then great for the defence of the publike liberty An. 1214. Asphonso the Noble king of Castile dying his sonne Henry being but 11. yeer old the Prelates Nobles and Commons assembled at Burgon having declared him king and taken the oath made Queen Eleonorahis Mother Governesse of his Person and Realms after whose death the custody of him was committed to the hands of the Lords of Lara This king afterwards playing with other yong children of Noble Housâ—s at Palenca in the Bishops Palace one of them cast a tyle from the top of a Tower which falling on the covering of an house heat down another tyle which fell on the young kings head wherewith he was so grievously hurt that hee dyed the eleventh day after An. 1217 yet this his casuall death for ought I finde was neither râ—puted Felony nor Treason in the child that was the cause of it After whose death Fernand the 3. was procâ—aimed and made King by the States of Castile to prevent the pretentions of the French after which his Mother Queen Berenguela in the presence of the Estates renouncing all her right to the Crown resigned it up tâ— her sonne Fernand About this time the Moorâ—s in Spain rejected the Miralumims of Aâ—rick and created them severall Kings and Kingdomes in Spain being never more united under one Crown after this division which they thought it lawfull for them to make An. 1228. the Estates of Arragon assembling at Barcelona they consenting and requiring it according to the custome of the Arragonians and Cattelans these Estates having authority to make Warre and Peace and Leagues awarre was resolved against the King of the Moores and Majorkins Anno 1231. the Realm of Navarre being very ill governed by reason their King Sancho retired to his chamber did not speak with any man but his Houshold servants and would not heare of any publike affaires thereupon the State began to think of electing a Regent to govern the Realm during his retirednesse to prevent which Sancho made an unjust accord with the king of Navarre and confederated with Iames King of Arragon by the assents of the states of the Realm to leave his Kingdome to him if he survived him yet after his death Thibault Earle of Champaigne was by the states of Navarre elected and proclaimed King And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the warre with the Moores and conquest of Valentia without whom it was not lawfull for the King to undertake any matter of importance For maintenance of this warre a custome called Marebetine and an exaction of impost for cattell was by the Estates imposed on the People it was likewise decreed that all peeces of Gold and silver coyned should be of one goodnesse and weight to the observation of which Edict for coynes all were bound to sweare that were above 18. yeers of age Anno 1236. Iames King of Arragon revealing to his Confessor the Bishop of Girone that before his marriage with Queen Yolant he had passed a matrimoniall promise to Theresa of Bidame she sued him thereupon before the Pope who gave sentence against her for want of sufficient witnesse notwithstanding his Confessors testimony The King hereupon grew so angry with the Bishop for revealing his secrets that sending for him to his chamber he caused his tongue to be cut out For which out-rage committed on the Bishop though faulty the Pope in the Councell of Lions complained and in the end interdicted all the Realme of Arragon and excommunicated the king Hereupon to take off this interdiction and excommunication the king sent the Bishop of Valentia with his excuse and humiliation to the Pope wherewith he being some what pacified sent two Legates into Arragon who having assembled a Synod of Bishops at Lerida they caused the King to come thither and to confesse his fault upon his knees before these fathers with great submission and teares who gave him absolution upon condition he should cause the Monastery of Boneface to be built and endowed with an hundred and forty pounds of silver of annuall rent endow an Hospitall for the poore with foure hundred pounds silver per annum and give a Prebendary in the great Church of Gâ—rone for the maintenance of a Masse-priest About which time the Moors in Spain erected many new Kings and Kingdoms by mutuall consent and Mahumad Aben Alamar for his valour was by the Inhabitants of Mariona elected and made first King of Granado Anno 1243. all was in combustion in Portugall by the negllgence and basenesse of their king Don Sancho Capello who was wholly given to his wives humours hated of the Portugales and himselfe disliked for her sake for many Malefactors and insolent persons were supported by her who grew daily more audacious in their excesse without feare of Iustice which was trodden under foot for their respect For these considerations and her barrennesse too all the Noblemen of the kingdome desired to have the Queen called Mencia separated and sent out of Portugall for effecting whereof they made a great instance at Rome but neither exhortation admonition nor commandment nor censure could prevaile the king so doting on her that he would not leave her Which the Portugals perceiving some of them presumed to seize on her in the City of Coimbra and conducted her into GaÌ„llicia from whence she never more returned into Portugall Not content herewith they sought to depose the King from his Royall dignity too for his ill government and to advance his Brother Don Alphonso to the Regall Throne in his place whom the Estates assembled made Regent of Portugall leaving only the Title of King to his brother which fact of the Estates the Pope in the Councell of Lions authorized by his Apostolicke power with which the King being displeased abandoned his Realme and retired into
the Kings of Aragon intreated in those times by their subjects who entred into a Vnion between themselves resolving That for the common cause of liberty Non verbis solum SED ARMIS CONTENDERE LICERET that it was lawfull for them to contend not onely with words BVT WITH ARMS TO and determined in this assembly of the States A Comitijs intempestive discedere REGI NEFAS ESSE That it was unlawfull yea a grand offence for the king to depart unseasonably from his Parliament before it was determined Our present case Iames the second of Aragon being in Sicily at the death of King Alphâ—nso Don Pedro his brother assembled the Estates at Saragossa to consult left the State in his absence would receive some prejudice where James arriving having first 〈◊〉 and promised the observation of the Rights and Priviledges of the Countrie was received and crowned king About the year 1320 Iames by advice of his Estates held at Tarragone made a perpetuall Vnion of the Realms of Arragon and Valencia and the Principalâ—ty of Catelone the which from that time should not for any occasion he disunited In which assembly Don Iames eldest son to the Crown being ready to mary Leonora of Castile suddenly by a strange affection quitting both his wife and succession to the Realm of Arragon told his Father That he had made a â—ow neither to marry nor to reign so as notwithstanding all perswasions of the King and Noblemen he quit his Birth-right to his Brother Don Alphonso after the example of Esau discharged the Estates of the Oath they had made unto him and presently put on the habite of the Knights of Ierusalem Whereupon his second brother was by the Estates of Arragon acknowledged and sworn heir of these Kingdoms after the decease of his father At this time the Authority of the Iustice of Aragon was so great That it might both censure the King and the Estates and appoint them a place and admit them that did assist or reject them Ferdinand the fourth king of Castile being but a childe when his father Sancho died was in ward to his mother Queen Marry his Protectresse he had two competitors to the Crown Alphonso de la Cede and Don Iohn who making a strong confederacy were both crowned Kings against right by severall parts of his Realm which they shared between them The States assembled at Zamora granted great sums of money to Ferdinand to maintain the wars with his enemies and procure a dispensation of Legitimation and marriage from the Pope who would do nothing without great fees After which he summoning an assembly of the Estates at Mâ—dina they refused to meet without the expresse command of the Queen Mother who commanded them to assemble and promised to be present After this divers accords were made twixt him and his competitors and at last calling an assembly of the Estates to assist him in his warres against the Moors he soon after condemned two Knights called Peter and Iohn of Caravajal without any great proofs for a murther and caused them to be cast down headlong from the top of the Rock of Martos who professing their innocency at the execution they adjourned the king to appear at the Tribunall Seat of Almighty God within thirty dayes after to answer for their unjust deaths who thereupon fell sick and died leaving his son Alphonso the 12 very young for whose Regency therebeing great competition the inhabitants of Avila and their Bishop resolved not to give the possession and government of the Kings person to any one that was not appointed by the assembly of the Estates Whereupon the Estates assembling at Palence committed the government of his person to Q. Mary his Grandmother and Queen Constance his mother who dying another Assembly of the Estates was called at Burgos Anno 1314. who decreed that the Government of the King and Regencie of the Realme should be reduced all into one body betwixt Q Marry Don Pedro and Don Iohn and if any one of them should dye it should remain to the two other that did survive and to one if two dyed After this Anno 1315. these Tutors and Governours of the Realme of Castile were required by the Estates in an Assembly at Carrion to give caution for their government and to give an account what they had done Who often jarring and crossing one another divers Assemblies of Estates were oft called to accord them Anno 1320. The Estates assembling appointed new Governours of the King and Realme who discharging their trust very lewdely and oppressing the People Anno 1326. they were discharged of their Administration at a Parliament held at Vailledolet in which the king did sweare to observe the fundamentall Lawes of the Realme and to administer justice maintaining every one in his Estates goods and honour Which done the Deputies of the Estates swore him Fealty This King afterwards proving very cruell and tyrannicall his Nobles and Subjects of times successively took up defensive armes against him his Tyranny augmenting their obstinacy and procuring him still new troubles Whereupon at last discerning his errours he became more mild and often assembled the Estates in Parliament who gave him large Subsidies to maintain his warres against the Moores The Province of Alava had a custome to chuse a Lord under the Soveraignty of Castile who did govern and enjoy the revenues appointed by the Lords of the Countrey for the election of whom they were accustomed to assemble in the Field of Arriaga those of this Election being called Brethren and the Assembly of the Brotherhood Notwithstanding in the yeer 1332. the Brotherhood and Estates of this Province sent to K. Alphonso divers Articles which they beseeched him to confirme promising for their part that this should be their last Assembly and that the name and effect of their Brotherhood should remain for ever extinct and the Province be for ever united to the Crown of Castile if he would confirme those Articles to them being 17. in number which he did The chiefe were these That the King nor his Successors should not alien any place of his Demesnes That the Gentlemen and their goods should be free and exempt from all Subsidies as they had been heretofore That they and others of the Countrey should be governed according to the customes and rights of Soportilla And that divers Townes and Villages therein specified should be free from all Tributes and Impositions About the yeer 1309. Mahumet King of Granado becomming casually blind was soon after deposed by his own Brother and the great men of his Realme who were discontented and disliked to be governed by a blind King who could not lead them to the warres in pâ—rson Which Kingdome went by Election commonly as is evident by his three next successours and Mahumet the sixth King of Granado Anno 1307. Lewes Hutin was crowned King of Navarre at Pampelone where he sware to observe the Lawes and Rights of the Realme After which Anno 1315. Philip
clause of an Infidell King they refused to have bestowed on them because they judged it shamefull and dishonourable After which Iunicus taking an oath to observe the former Lawes was advanced to the Throne and made King of Aragon about the year 868. Moreover to establish all these Lawes and Constitutions our Ancestors themselves adjoyned the accession of a publike Vnion ordaining that it should be lawfull and just for them to meet all together ET REGI OBSISTERE ARMIS ET VI and to resist the King with armes and force as oft as there should be need to propulse any assault of him or his made against the Lawes which form of assembling together for the common cause of liberty they called a Vnion or Association Neither did they anciently lesse think all their Liberties to be preserved by this Vnion then humane bodies themselvs are by nervs and bones And although it were not prescribed in that Suprarbian Forum yet they thought it deduced from the very beginnings of things and deeply fixed and impressed in the sense of all men and to be established by our common Law as by another Law of Nature and that its force was enough and more then sufficiently known and discerned by use and reason For they said it would be but a thing of little profit for them to have good Lawes enacted and the very Iudiciary Presidentship of a middle Iudge if when there should be need AD EARVM DEFENSIONEM ARMA CAPERE NON LICERET cum jam tunc satis non esset pugnare consilliis it should not be lawfull for them to take up Armes in their defence when as then it would not be sufficient in such a case to fight with Counsells Neither verily did that seem altogether impertinent from the matter for if it should be so all things long ere this had been in the power of Kings themselves Whence our people reputed these two priviledges of the Union obtained from Alphonso the 3. to wit That it shal be lawfull for the Estates of the Realm iâ— the King shall violate the Lawes of the Countrey To create a new King in his place and without the crime of Treason to make confederacies among themselves and with Neighbour Princes To defend their Liberty which King Ferdinand upon the petition of the Castilians refused to revoke because he had taken a solemn Oath to observe them not as new favours or benefits but as things done out of Office c. Therefore in those ancient Rulers of which we treat the Liberty of our Country was hedged about by our Ancestors with three most strong fences namely with the Pretecture of this middle Iudge with the most ample power of the Rici-men or Palatines and with this most fierce force of the Vnion of which the first seemed to be Legal and civill the other domesticall and of greatest moment the last warlike and popular Neither ought it then to be inclosed with a lesser hedge that so we might rejoyce that it hath therby come safe sound to us now But of these garrisons or fences the ancient inventers of them and those who next succeeded them conferred more assistance and labour upon the two last namely the domestick and popular then on that Court presidentship For they would alwayes retain in themselves a power of moderating and governing the most loose reines of the Royall Dignity which they might restrain or enlarge as there was need Theâ—fore they assigned those 12 elders to him elected out of the greatest men by whose Counsels the Kings ought to be hedged in on every side the place of which Elders the Rici-men afterwards possessed who were the chiefe of our Nobles who in times past were second to the Kings in such sort that they might seem to be their Peers and Companions These called that publike union to the ayde of Liberty and out of them were chosen those who should alwayes be the prime and principall conservators of it for thus they called the presidents of the Vnion Finally they sustained on their necks all the Offices and burdens of peace and warre if not with the same power as the Kings yet I may truly say with very little lesse for the Rici-men as long as they flourished relying on the Forces of the Vnion did alwayes hover over the Royall Empire and by the intire power of their offices if the violence or assaults of Kings were unjust did from inordinate reduce them into order and as it were into a circle of Law and Iustice. In which thing verily their grave censorious and domesticall authority had sufficient right and moment with our ancient Kings who were well mannered but if peradventure they could not with their fitting counsels bridle the exulting royall Forces they did constantly repell them from their necks with the force of the raised Vnion Thus and much more this Spanish Author in whom you may read at large the Power and Authority of the Iustice of Arragon of the Generall Assembly of the Estates or Parliaments of that Kingdom of their Rici men Peeres Magistrates Councellors and in Ioannis de Laet. his Descripâ—io Hispaniae cap. 5. cite Ioannis Mari. and De Rebus Hisp. l. 8. c. 1. Gen. hist. of Spain l. 17. p. 618. To which l shall onely adde this most notable custome and ceremony used at the Coronation of the Kings of Arragon recorded q by by Iunius Brutus r Franciscus Hotomanus and others The Arrogonians when as they create and crown their King in the Assembly of the Estates or Parliament of Arragon to put the King in mind that the Lawes the Iustice of Arragon and Assembly of Estates are above him act a kind of Play that he may remember it the better they bring in a man on whom they impose the name of the Iustice of Arragon whom by the common Decree of the people they enact to be greater and more powerfull then the King to whom sitting in an higher place they make the King doe homage and then having created the King upon certain Lawes and conditions they speake unto him in these words which shew the Excellent and singular fortitude of that Nation in bridling their Kings NOS QVI VALEMOS TANTO COME VOS Y PODEMOS MAS QVE VOS VOS ELEGIMOS REY CON EST AS Y EST AS CONDITIONES INTRA VOS Y NOS VN QVE MANDA MAS QVE VOS that is We who are as great as you and are able to doe more then you have chosen you King upon these and these conditions Between you and us there is one greater in command then you to wit the Iustice of Arragon Which Ceremony lest the King should forget it is every three yeares repeated in the Generall Assembly of the States of Arragon which Assembly the King is bound by Law to assemble it being a part of the very Law of Nations which sacred Liberty of Parliaments and Assemblies if any Kings by evill arts restrain or suppresse as violaters of the Law of Nations
either ground or presidents to warrant what they affirm touching the absolute Soveraignty Monarchy irresistibilitie incorrigibility of the Kings of Iudah and Israel by their whole States Congregations Kingdoms generall assents and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Soveraign Power of Parliaments Kingdoms and the illegality of Subjects taking up defensive Arms against Tyrannicall Princes bent to subvert Religion Laws Liberties the Republike are founded which must now needs vanish into nothing before this Catholike irrefragable clear-shining verity abundantly ratifyed by innumerable presidents in all eminent Kingdoms States Nations that either have been in any former ages or are yet extant in the world which must and will infinitely over-sway swallow up the inconsiderable contrary opinions of some few privadoes who either out of flattery hopes of getting or keeping undemerited preferments fear of displeasing greatnesse or inconsiderate following of other reputed learned mens mistakes without due examination of their erronious Tenents have engaged themselves in a Polemicall blinde Combate against these infragable transparent Verities whose defence I have here made good against all their misprisions and bootlesse assaults Having now Historically ran over the most eminent Empires Kingdoms of ancient and present times in a kinde of confused method their copious vastnesse and varietie being so boundlesse and my time to collect them so small that I could hardly marshall them into any comely dâ—stinct Regiments or reduce them to the particular Heads debated in the premises I shall therefore for a conclusion deduce these distinct Conclusions from them to which the substance of all the recited Histories may be aptly reduced and are in truth abundantly confirmed by them beyond all contradiction annexing some new punctuall Authorities of note to ratifie and confirme them First it is undeniably evident from all the premises That all Monarchies Empires Kingdoms Emperours Kings Princes in the world were originally created instituted ordained continued limited and received all their jurisdiction power Authoritie both from by and for the people whose Creatures Ministers Servants they are and ought to be If we survey all the severall Lawfull Monarchies Empires Principalities Emperours and Kings that either have been or yet are extant in the world we finde all sacred and prophane Histories concurre in this that they had their originall erections creations from by and for the People Yea we read the very times when the most Monarchies of note were instituted the Names of those on whom the first Monarchies were conferred by the peoples free election onely yet extant on record in most Histories and withall expresse relations of many different kinds of Kingdoms Kings in respect of succession continuance Power jurisdiction scarce any two kingdoms or their Kings being alike in all things in regard of Prerogatives jurisdictions all Histories Polititians concurring resolving with Peter that Kings are humane Creatures or Ordinances instituted diversified thus by men and the people alone out of Gods generall or speciall providence not one of them all being immediately or directly ordained by God as the onely efficient cause without the free concurrence consent and institution of the people This truth is not onely ratified by Lex Regia whereby the Roman Emperours were created yea invested with all their power registred by Iustus Eccardus de Lege Regia Marius Salamonius de Principatu l. 6. formerly transcribed by Plato Aristotle Xenophon Berosus Polybius Cicero Livy Iustin Plinie Strabo Plutarch Dionysius Hallicarnassaeus Diodorus Siculus Pausanias Solinus Alexander ab Alexandro Hermannus Schedell Herodotus Boëmus Pomponius Mela forecited and generally by all Historians Chronologers Antiquaries Lawyers Politians whatsoever but directly averred and proved by Franciscus Hotomanus a famous Lawyer in his Franco-Gallia c. 1. 6. 10 13. the Author of De Iure Magistratus in subditos Quaest. 5. p. 239. 240 c. Thomas Garzonius Emporij Emporiorum Pars 1. Discursus 1. de Dom. p. 13. Vasquius Controvers Illustrium 12. n. 133. 59. n. 8. 61. n. 22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius Quaest. Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Iure Belli l. 1. c. 4. sect 7. l. 3. c. 14. sect 11. and elsewhere Marius Salamonius de Principatu Eccardus de lege Regia with others cited by them Hookers Ecclesiasticall Polity l. 1. sect 10. p. 69 70 71. a pregnant place Albericus Gentilis de Iure Belli l. 2. c. 10. 15. Ioannes Marianade Rege Regum Instit. l. 1. c. 1. to 10. Sparsim Iunius Brutus Vindiciae contra Tyrannos Quaest. 3. p. 83. to 94. with whose words I shall close up this observation having elsewhere particularly proved the verity thereof and answered all Obiections against it from misinterpreted Scriptures We say now writes he that the people constitute Kings deliver Kingdoms approve Kings elections with their suffrages which God would have to be thus that so whatsoever authority and power they should have they should next to him referre it to the people and therefore should bestow all their care thoughts industrie for the people profit neither verily should they think themselves advanced above other men for their excellency of nature no otherwise then men are over Heards and Flocks but should remember that being born in the same condition with others they were lifted up from the ground unto that condition by the suffrages as it were by the Shoulders of the people upon whose Shoulders the burthen of the Common-weale should for a great part rest After which he proves by Deut. 17. and divers forecited presidents in Scripture that God gave the Election and Constitution of the kings of Israel to the people and that notwithstanding the succession of the kingdom of Iudah was by God entailed afterwards to the Linage of David yet the Kings thereof actually reigned not before they were ordained by the people Whence we may conclude that the Kingdom of Israel if we respect the stock was certainly hereditary but if we regard the persons altogether elective But to what end was this if the Election appear as it is confessed but that the remembrance of so great a dignitie conferred by the people should make them alwayes mindefull of their duty So likewise among the Heathens we read that Kings were constituted by the people for when they had wars abroad or contention at home some one man of whose fortitude and justice the multitude had a great opinion was by cammon consent assumed for King And among the Medes saith Cicero Deioces was of an Arbitrator made a Iugde of a Iudge created a King and among the Romanes the first Kings were elected Therefore when Romulus being taken away the Inter-regnum of the hundred Senators was displeasing to the Romans they accorded that afwards Kings should be chosen by the Suffrages of the people the Senate approving it And Tarquin the proud was therefore reputed a Tyrant for that being created neither by the people nor
sit with the Lord of the Fee as Peers but likewise heard the Causes oft times between the Superiour Lord and his Vassall We likewise see these Senators of France to have oft times judged between the King and Subjects so that when Charles the 6. would have pronounced sentence against the Duke of Britain they withstood him and said THAT THE IVDGEMENT WAS NOT THE KINGS BVT PEERS FROM WHOSE AVTHORITY HE COVLD DEROGATE NOTHING Hence even at this day the Parliament at Paris which is called the Court of Peers or Senators is in some sort constituted a Iudge between the King and People yea between the King and every private man and is bound as with an obligation to right every one against the King Procurers if he invades any thing against Law Besides if the King determines any thing or makes any Edict at home if he make any compact with neighbour Princes if any Warre be to be waged if any Peace be to be made as of late with Charles the fifth The Parliament ought to approve and bée Authour of it and all things which appertain to the Common-wealth ought to be registred among its acts which verily are not ratified untill they shall be approved by it Now that the Senators might not fear the King heretofore none could be preferred into that Order but such who were nominated by the Senate neither could they Lawfully be removed but by its Authority for a lawfull cause Finally even the Kings Letters unlesse they be subscribed by the Kings Secretary and rescripts unlesse they be signed by the Chancellour who hath a power of cancelling have no authority There are likewise Dukes Marquesses Earles Vicounts Barons Castellanes also in Cities Maiors Deputies Consuls in Sindeches Auditors and the like to whom some particular Region or City are severally commended that they may defend the People so farre forth as their jurisdiction extendeth although some of these dignities at this day are reputed Hereditary And besides this yearly heretofore at leastwise as often as necessity required there was held an Assembly of the three Estates wherein all the Countries and Cities of any note did send their Deputies namely Commons Nobles Ecclesiasticks in each of them apart where they publikely determined of those things which appertained to the Republike Now such was evermore the authority of this Assembly that not only those things which were therein accorded were reputed sacred and holy whether Peace were to be concluded or War to be waged or the Guardianship of the Realm to be committed to any one or a Tax to be imposed was there concluded but even Kings themselves for their luxury slothfulnes or tyrannie were thrust into Monasteries by their authority even all their Ofsprings deprived of the succession of the Kingdom no otherwise then at first when as they were called to the kingdom by the peoples authority verily those whoÌ„ consent had advanced dissent did pull down again those whom imitation of paternall vertues had as it were called into that inheritance a degenerate and ungratefull minde as it had made then uncapable and unworthy so it did make them to be disinherited From whence verily it appears that succession truly was tolerated to avoid competition succession an interregnum and other incommodities of Election but truely when greaâ—er damages would follow where Tyranny should invade the Kingdom where a Tyrant the Throne of a King the lawfull Assembly of the people Perpetually reserved to themselves an Authority of expelling a Tyrant or slothfull King and of deducing him to his Kindred and of substituting a good King in his place Verily peradventure the French received this from the Gauls Caesar in the fifth Book of the Gallic War being the Author For Ambiorix King of the Eburoni confessed that all that time the Empires of the Kings of Gallia were such that the people duely assembled had no lesse authoritie over the King then the King over the people which also appears in Vercingetorix who pleaded his cause before an assembly of the people In the Kingdoms of Spain especially in Valentia and Catteloigne of the Arragonians it is even thus for the Soveraignty of the Realme is in the Justice of Aragon as they call it therefore the great men who represent the people fear not to tell the King in direct terms both in his very Coronation it self and likewise every third year in the generall assembly of their Estates Tantum valemus nos quantum vos We are as powerfull as you but the Iustice of Aragon is above us both who rules more than you Yea oftentimes what things the King hath asked what he hath injoyn'd the Iustice hath prohibited nay he never dares to impose any tribute without the authority of that Assembly In the Realms of England and Scotland the Supreme power is in the Parliament usually wont to be held almost every year Now they call a Parliament the Assembly of the Estates of the Realme where the Bishops Earls Barons Deputies of the Cities and Counties by common suffrage determine of the Republikes affairs whose authority is so sacred that what things soever it shall once establish it is unlawfull or a wicked act for the king to abrogate Likewise all the Officers of the Realme are wont to receive their Offices from that Assembly and those who ordinarily assist the King or Quéen in Councell In brief other Christian Kingdoms as Hungary Bohemia Denmarke Sweden and the rest have all their Officers of the Realm or Consuls of the Royall Empire who by their own Authority have sometimes used even to depose their Kings themselves as Histories teach or fresh memory sufficiâ—ntly manifests Neither is there verily any cause that we should think the Royall Authority to be thereby deminished or that Kings should hereby suffer as it were a diminution of their heads Truly we deem not God the lesse potent for this because he cannot sin by himself nor his Empire more restrained because it cannot be ruined nor grow worse therefore not a King if that he who may offend by himself be sustained or kept from sinning by anothers help or if peradventure he had lost any Empire by his own negligence or fault that he may retain by anothers prudence What do you think any man lesse healthy because Phisitians â—it round about him who dehort him from intemperance who interdict him the eating of hurtfull meats who likewise oft-times purge him against his will and resisting Or whether doest thou think those Phisitians who take care of his health or flatterers who obtrude the most unwholsome things to be more his friends Therefore this distinction is altogether necessary to be adhibited Some are friends of the King others of Caesar those are friends of Caesar who serve Caesar those friends of the King or Emperour who serve the Kingdom For since any one is called a King for the Kingdoms sake and the Kingdom consists in the people but the Kingdom being lost or decayed the King must altogether
from the ancient forme of the Oath which is extant in the Library of the Chapter of Belvace to which Philip the first is found to have sworn yet notwithstanding they are plainly enough expressed Neither is the King girt with a sword annointed crowned by the Peeres who even themselves are adorned with Coronets or receives the Scepter or rod of Iustice or is proclaimed King before THE PEOPLE HAVE COMMANDED IT Neither doe the Peeres themselves swear fealty and homage to him untill he shall have given his faith unto them That he will exactly keep the Lawes Now those are that hee shall not waste the publike Patrimony that he shall not impose nor enjoyn customes Taxes Tributes at his owne pleasure Nor deneunce warre or make peace Finally that he shall determine nothing concerning the publike affaires but in a publike Councell Also that the Senate the Parliaments the Officers of the Kingdome shall constantly enjoy their severall authorities and other things which have been alwayes observed in the Realm of France Yea verily when he enters into any Province or City hee is bound to confirm their priviledges and he binds himselfe by Oath to preserve their Lawes and Customes Which custome takes place by name among those of Tholouse Dolphenie Britanny Province and Rochel whose agreements with Kings are most expresse all which should be frustrate unlesse they should be thought to hold the place of a condition in the contract Yea Charles the 7. made a peace with Philip Duke of Burgundy whose Father Iohn he had â—reacherously slain with this expresse clause contained in it confirmed with the Kings own Seale That if he should break this Agreement his Tenants feudataries and subjects present and to come should not be thence forth bound either to obey or serve him but rather the Duke of Burgundy and his Successours and that they should be freed and absolved from all the fealty Oathes promises obligations and duties whatsoever under which they were formerly obliged by Charles The like we read between King Lewis and Charles the Bald. Yea Pope Iohn the 22. in the Treaty between Philip the long of France and the Flâ—mmings caused it to be set downe That if the King did infringe the Treaty it might be lawfull for his Subjects to take Armes against him And if was usuall among the first Kings of France in their Treatises with other Princes to sweare that if they brake the Treaties made by them their Subjects shall be free from their obedience as in the Treaty of Arras and others The Oath of the ancient kings of Burgundy is extant in these words I will conserve Law justice and protection to all men In England Scotland Sweden Donmarke there is almost the same custome as in France and verily no where more directly then in Spain For in the Kingdome of Arragon many ceremonies being dispatched between him who represents the justice of Arragon or publike Majesty who sits in an higher Throne and having read the Lawes and conditions which he is to observe who is to be crowned King Who both fealty and homage to him the Nobles at last speake thus to the King in their owne language We who are as powerfull as you for so the Spanish Idiom imports and can doe more then you have chosen you King upon these and these conditions Between you and us there reignes one greater then you to wit the Iustice of Arragon Now lest he should think he had sworn those things onely perfunctorily or onely for to observe the old custome these very words are wont to be repeated every third yeere in the publike Assembly But if he shall grow insolent trusting to his Royall power shall violate the publike Lawes finally shall neglect the Oath he hath taken then verily by the Law it selfe he is deemed excommunicated with that grandest excommunication or Anathema wherewith the Church in former times excommunicated Iulian the Apostate whose force truly is such that no more prayers may be conceined for him but against him and they themselves are clearly absolved from their Oath and Obligation by that Law whereby a vassall out of duty ought not to obey an excommunicated Lord neither is bound to do it by his Oath which is ratified among them by the Decree both of a Councell and of a Parliament or publike Assembly Likewise in the kingdome of Castile an Assembly being summoned the King that is to be crowned is first publikely admonished of his duty after which most expresse conditions are read which pertaine to the profit of the Republike Then the King sweares that he will diligently and faithfully observe them then at last the great Master of the Knights binds himselfe to him by Oath whom the other Princes and Deputies of Cities afterwards follow every one in his order which also is in like manner observed in Portugall Leon and the other kingdomes of Spain Neither verily were lesser principalities instituted by any other Law There are extant most expresse agreements of the Brabanders of the other people of Belgia Austria Carintha and other provinces made with their princes which verily have the place of conditions But the Brabanders expresly that place might not be left to any ambiguity have expressed this condition For in inaugurating their Duke in ancient conventions wherein there is almost nothing wanting for the preservation of the Republike they being all read over before the Duke they protest openly and plainly to him that unlesse he shall observe them all That it shall be free for them to chuse another Duke at their pleasure Which conditions he embracing and willingly acknowledging he then binds himselfe by Oath to observe them which was also observed in the inauguration of Philip the last King of Spaine In sum no man can deny but that there is a mutuall binding contract between the King and subjects to wit That he raigning well shall be well obeyed Which verily is wont to be confirmed with an Oath by the King first afterwards by the people Now verily I demand here why any man should sweare but that he may shew that he speaks from his heart and seriously whether truly is there any thing more agreeable to nature then that those things which have pleased us should be observed Moreover why doth the King swear first at the peoples stipulation or request but that he may receive either a tacit or expresse condition But why is a condition annexed to a contract but onely to this end that if it bee not fulfilled the contract should become voide in Law it selfe But if through default of performing the condition the contract be voide in Law it selfe who may call the people perjured who shall deny obedience to a King neglecting that condition which hee might and ought to fulfil violating that law to which he hath sworn Yea who on the contrary would not account the King faedifragous perjurious altogether unworthy of that benefit For if the Law freeth the Vassal from the bond of
assembled all together as well Nobles as ignoble and Offa most valiant young man being their Captaine they expelled him from the kingdome which done unanimi omnium consensu by the unanimous consent of all as well Clergy as People they Crowned Offa a King Ceolwulfe King of Mercia An. 820. after one yeares Reigne was for his misâ—â—vernment expulsed by his people abandoning his Crowne and Country for the â—afety of his life Edâ—â—yn King of Mercia and Northumberland for his Misgovernment Tyranny oppression following vaine base wicked Counsellors rejecting the advise of the Wisest and noblest person was by the unanimous consent of all his Subjects removed from all Kingly dignity and deposed in whose place Edgar was elected King An. 957. DEO DICTANTE annuente populo Not to mâ—ntion the story of Archigallo one of our ancient British Kings in times of Paganisme Who giving himselfe to all dissention and strise imagining causes against his Nobles to put them from their goods and dignities setting up ignoble persons in their places and plucking away by sinister wrongfull meanes from the rich their wealth and goods by which he enriched himselfe and impoverished his Subjects was for these his conditions murmured against by his Subjects who of one assent lastly tooke and deprived him of all Kingly honour and dignity when he had Reigned almost five yeares making his Brother Elidurus King of Britaine by one assent in the yeare of the world 4915. Who after five yeares good Reigne feigning himselfe sicke assembled the Barons of the Land and by his discreet words and bearing loving carriage Perswaded them to restore Archigallo to his former honour and regalty and thereupon assembling a Councell of his Britaines at Yorke caused such meanes to be made to the Commons that in conclusion he resigned his Crowne to Archigallo Who being thus restored to his Crowne by joynt consent of the people remembred well the evill life that before time he had led and the punishment hee had suffered for the same Wherefore for eschewing the like danger he changed all his old conditions and became a good and righteous man ministring to the people equity and justice and bare himselfe so nobly towards his Lords and Rulers that he was beloved and dread of all his Subjects and so continued during the terme of his naturall life Nor yet to remember Emerian another old British King who for misordering of his people was deposed by them in the sixth yeare of his reigne and Ydwallo promoted to the Kingdome who taught by Emerian his punishment behaved himselfe justly all the time of his reigne or any more such precedents before the Conquest We finde the Popish Barons Prelates and Commons disavowing King Iohn whom they had formerly elected King for making warre upon them and wasting burning and spoyling the Kingdome like an Enemy and electing Lewis of France for their King to whom they did homage and fealty There are none so ignorant but know that the Popish Prelates Lords and Commons in Parliament Anno 1327. deposed King Edward the second their naturall King for his misgovernment and following and protecting ill Counsellors inforcing him by way of complement to resigne his Crowne threatning else that they would never endure him nor any of his Children as their Soveraigne but disclaiming all homage and fealty would elect some other for King not of his bloud whom themselves should think most fit and able to defend the kingdome After which they elected and crowned his son Edward the third for their King That Anno 1399. King Richard the second for sundry misdemeanours objected against him in 32. Articles in Parliament and breach of his Coronation Oath was judicially deposed by a Popish Parliament by a definitive sentence of deposition given against him which you may read at large in our Historians and Henry the fourth elected and created King in his stead In both which depositions the Popish Prelates were chiefe actors Anno 1462. King Henry the sixth Queene Margaret and Prince Edward their Sonne were by a popish Parliament disinherited of their right to the Crowne and Edward the fourth made King after which King Henry was by another Parliament recrowned and re-established in his kingdome and Edward the fourth declared a Traytor and usurper of the Crowne And not long after Edward taking King Henry prisoner and causing him to be murdered in the Tower another Popish Parliament Anno 1472. abrogated King Henries Lawes and re-established King Edward All this have our Popish Parliaments Prelates Lords and Commons formerly done and that rightly and legally as they then supposed which farre transcends the highest straines of pretended incroachments on his Majesties royalties by the present Parliament Secondly our Popish Parliaments Peeres and Prelates have oft translated the Crown from the right heires setled it on others who had no lawful right or title to it electing and acknowledging them for their onely Soveraigne Lords in which actions the Popish Prelates and Clergy were commonly the Ring-leaders witnesse their electing and crowning of Edward who was illegitimate and putting by Ethelred the right heire after Edgars decease An. 975. Their electing and Crowning Canutus King a meere forrainer in opposition to Edmund the right heire to King Ethelred Anno 1016. Of Harold and Hardiknute both elected and crowned Kings successively without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned aâ—d tortured to death Anno 1036. and 1040. yet after Hardiknutes decease Edward surnamed the Confessor was chosen King by consent of Parliament And the English Nobilities upon the death of King Harold enacted That none of the Danish bloud should any more reigne over them After this Kings death Edgar Etheling who had best title was rejected and Harold elected and crowned King so after William the Conquerors decease Anno 1087. Robert the elder brother was pretermitted and William Rufus the younger brother crowned and established in the Throne After whose death Henry the first his younger brother though not next heire was elected King by the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their owne liking upon faire promises for reforming bad and rigorous Lawes remission of Taxes exacted on the Subjects and punishment of the chiefe causers of them and a solemne Oath to frame good Lawes and ratifie Saint Edwards Lawes all which he really performed So after the death of Richard the first Iohn Earle of Morton was established and crowned King and his Nephew Arthur the right heire disinherited And he dying his sonne Henry the third was elected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in the case of K. Henry 4. K. Edw. 4. and Richard the third made Kings by Acts of Parliament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles by way of usurpation and the right
Crowne deposed him renounced their allegiance to him and set up his sonne King Edward the third in his Throne as you may reade at large in Walsingham Polychronicon Caxton Fabian Grafton Hollinshead Speed Stow Howes Daniel Mr. Fox and others who have written the History of his life In the yeare 1341. the 15. of Edward the third his reigne the Popish Lords Prelates and Commons in Ireland summoned a Parliament there by their owne authority without and against the Kings or Deputies consents wherein they framed divers Questions and Articles against the Kings Ministers there imployed which the Irish Annals record at large refusing to appeare at the Parliament there summoned by the Kings authority and Officers I reade in the Statute of 21 R. 2. c. 12. and our Historians have a touch of it That the Duke of Glocester and the Earles of Arundel and Warwicke assembled forcibly and in great number at Harengy and so came in such manner forcibly to the Kings Palace at Westminster arraied in manner of marre that the King might not then resist them without great perill of his body and destruction of his people so that by coertion and compulsion the said Duke and Earles made the King to summon a Parliament at Westminster the morrow after the Purification of our Lâ—dy the eleventh yeare of his reigne Which Parliament so begunne the said Duke and Earles in such forcible manner continued and in the same did give many and divers judgements as well of death of man as otherwise upon divers of the Kings liege people and did give judgement of forfeitures of lands tenements goods and cattels whereof they be convict of high Treason and also for certaine questions which were demanded by the King touching his estate and regality of certaine of his Iudges then at Notingham the same yeare And for their answers of the same given to the King upon the same questions the same Iustices were forejudged of their lives and judgement given against them of forfaiting their Lands Goods and Chattels and the said Duke and Earles made divers Statutes and Ordinances in that Parliament at their will the summons whereof was made expressely against the right of the Kings Crowne and contrary to the Liberty and Franchese of his person and Royall estate Whereupon it was by this packed over-awed Parliament and Act annulled revoked and holden as none as a thing done without Authority and against the will and liberty of the King and the right of his Crown Yet it continued in full force for 10. yeares space during which time there were 8 Parliaments held which would not repeale it and by the Parliament in 1 H. 4. c. 3 4. this Parliament of 21 R. 2. was repealed with all the circumstances and dependants thereof the Parliament and Statutes of 11 R. 2. Revived and enacted to be firmely holden and kept after the purport and effect of the same as a thing made for the great honour and common profit of this Realme After this in the 23 yeare of King Richard the third when he had yeelded himselfe prisoner to Henry Duke of Lancaster the Duke comming with him to London sent out summons for a Parliament to be holden the last of September in the Kings name sore against his will and enforced him first to resigne his Crowne unto him and afterwards caused him to bee judicially and solemnely deposed by consent of all the States of the Realme in Parliament for certaine abuses in his Government objected against him The whole manner of which resignation deprivation and proceedings you may reade at large in our Histories These Popish Prelates Lords and Commons enforcing their Kings to summon all these Parliaments with others which I pretermit might seeme to have some legall colour from the ancient Law of King Alfred who in an assembly of Parliament Enacted this for a perpetuall Custome That a Parliament should be called together at London TWICE EVERY YEARE OR OFTNER in time of Peace to keepe the people of God from sin that they might live in peace and receive right by certaine usages and holy judgements And from the Statutes of 4 E. 3. c. 4. 36 E. 3. c. 10. backing this ancient Law which enact That for the maintenance of the Lawes and Statutes and redresse of divers mischiefes and grievances which daily happen a Parliament shall be holden EVERY YEARE ONCE and MORE OFTEN IF NEED BE. Now these Lawes would have beene meerely voyd and ineffectual if these Kings who were obliged by their Coronation Oathes to observe them refusing to call a Parliament as often as there was need or at least once every yeare according to the purport of these Lawes might not be constrained by their Nobles Prelates people to summon them in case they peremptorily refused to call them of their owne accords or upon the motion or petition of their Counsell Lords and Commons Whereupon in the Bill newly passed this Session for a Trienniall Parliament for time to come there is speciall provision made how the Parliament shall be summoned and convented by the Lords Commons and great Officers of the Realme themselves without the Kings concurrent assent though by his Writ and in his name in case of his neglect or wilfull refusall to summon one within that time Neither is this a thing unusuall in other parts In the Generall Councell of Nice An. 363. Canon 5. it was decreed That a Councell should be held TWICE EVERY YEARE in every Province to regulate the affaires and abuses of the Church The Councell of Antioch Can. 20. appoints two Councels to be held every yeare in every Province the one the third weeke after Easter the other upon the 15. of October to heare and determine all Ecclesiasticall causes and controversies And in the 1. Councell of Constantinople Can. 3. The Councell of Africke Can. 18. Pope Leo the first in his Decretall Epistles Epist. 4. c. 17. The Counsell of Chalcedon Can. 19. the third Counsell of Toledo under King Reccaredus An. 600. cap. 18. the fourth Counsell of Toledo under King Sisenandus An. 681. The Greeke Synods Collected by Martin Bishop of Bracara cap. 18. the second Counsell of Aurelia Can. 2. the third at the same place Can. 1. and the fourth Can. 37. the second Synod of Towres Can. 1. the fifth Counsell of Aurelia cap. 22. the Counsell at Hereford under King Egfred An. 670. in Beda's Ecclesiast Hist. l. 4. t. 5. Pope Gregory the first in his Decretall Epistles lib. 7. Registri Epist. 110. the sixt Counsell of Constantinople Can. 8. the Counsell of Antricum Can. 7. the Counsell of Maseon Can. 20. Pope Gregory the third his Decretall Epistles The Synod of Suessons under King Childeric the Counsell under King Pepin at the Palace of Vernis An. 755. cap. 4. The Counsell of Paris under Lewis and Lothaire An. 829. l. 3. cap. 11. The Counsell of Melden An. 845. cap. 32. With sundry other Counsells decree that a
lived in the time of Charlemayne under the Reigne of King Lewis called Sanctus when France was in her flourishing Estate and the Princes and Lords were of souple nature ranking with the termes of duty and obedience the Parliaments were ruled and assured at certaine seasons of the yeare For in times of Peace foure Parliaments were holden yearely or three at the least And the same was used under the Reigne of his Sonne Philip the Hardy Third of the name In the time of Philip de Bel. his Sonne King of France and Navarre they were reduced to two Parliaments yearely according to the ancient custome One in Winter and the other in Summer during Peace and but one in Winter during Warre It appeareth neverthelesse by the Registers of the Court that by hinderance of warre against the Rebellious Flemmings there was not any Parliament during some yeares And the King by his Ordinance dated the Munday after Mid-lent An. 1302. set downe in the Register of ancient Orders of Parliament fol. 45. Willed that for the commodity of his Subjects there should be every yeare two Parliaments at Paris and in other Provinces as Andrew Favin Records By which it is apparent that Parliaments in France Spaine and other kingdomes were not arbitrarily called at the Kings free pleasures as seldome as they pleased but frequently summoned every yeare once twice or more at certaine seasons publike Acts of Parliament for the better government of these Realmes redresse of grievances and preservation of the peoples Liberties against all royall encroachments on them In Germany though Diets and Assemblies of the States be commonly made by the Emperours and in their names yet we find that the Princes Electors and Estates have assembled not onely without but against the Emperours consents when they saw good cause and not onely questioned but deposed their Emperours and elected new in their steads of which there are sundry precedents in the lives of Ludovicus pius Henry the 1 4 5 6 7. Frederickes Barbarossa Charles the Grosse Winceslaus Philip Otho the fourth Ludovicus Bavarus and others In this regard therefore of forcing Kings to summon Parliaments so frequent with Popish Prelates Peeres Subjects both in our owne and other Realmes our present Protestant Parliament and all others since the Reformation have beene more moderate and dutifull then those in times of Popery heretofore or then the Popish Rebels in Ireland are now who have lately at Kilkenny held a kinde of Parliament erected new Lawes and Officers of Iustice enacted new Lawes and Ordinances as well Civill and criminall as Martiall and done as much herein without the Kings assent or Commission as our King and Parliament could doe if conjoyned Fourthly Our Popish Barons Prelates and Commons have refused to meete in Parliament when the King hath summoned them by his Writ An. Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Oxford where the King now resides but they all joyntly sent him an expresse message that they would not come upon his summons for that the Kings person went guarded with Poictovines and other strangers who swayed and miscounselled him as ill Counsellors doe now the King so as they could not there appeare with safety at which message the King grew very angry resolving that they should be once twice and thrice summoned to appeare Whereupon Roger Bacon who usually preached before the King freely told him That if he did not remove from him Peter Bishop of Winchestor and Peter de Rivallis his malignant Counsellors he could never be quiet And Roger Bacon a Clergy man also of a pleasant wit seconding Roberts advise told the King that Petrae and Rupes were most dangerous things at Sea alluding to the Bishops name Petrus de Rupibus The King hereupon comming a little to himselfe and taking that good advise of Schollers which he would not of his Peeres summons another Parliament to be holden at Westminster giving the world to know withall that his purpose was to amend by their advise whatsoever was to be amended But the Barons considering that still there arrived more and more strangers men of warre with Horse and Armes as now alas we see they doe and not trusting the Peictovine Faith as we have now cause to mistrust the perfidious papists and malignant Cavaliers and seeing no footsteps of peace our present condition refused to come at the appointed day sending the King word by solemne Messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovines out of his Court which if he refuâ—ed they all of them by the common consent of the whole kingdome would drive him with his wicked Counsellors out of the Kingdome and consult about creating a new King These things thus acted the King was much dejected in mind and all his Court too hanging downe their heads and fearing not a little lest the errors of the Sonne should become worse then the Fathers errors whom his Subjects indeavouring to depose from his Royall Throne almost detruded him to that name which was given him by a certaine presage Iohn the Banished Wherefore he could easily have beene drawne to redeeme the love of his naturall Liegemen with the disgrace of a few strangers But the Bishop of Winchester with other his ill Counsellors and Poictovine Cavaliers counselled him to take up Armes against his rebellious Subjects as they stiled them and to give their Castles and Lands to them who would defend him and the kingdome of England from these Traytors The Counsell now given to his Majesty by his ill Counsellours and Cavaliers hereupon the King inclining to the worser part raiseth an Army of Poictovine foraine Souldiers which came to him being sent for out of Flanders from whence the King now hath many old Souldiers and Commanders sent him seiseth a Manour of Guilbert Bassets a Noble man given him by King Iohn 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 whither the Lords refused to come being required the King thereupon as if they were Traytors burnes their Manors destroyes their Parkes and Ponds besiegeth their Castles and without the judgement of his Court and of their Peeres denounceth them exiles and banished men gives their Lands to the Poictovines and adding griefe to griefe wound to wound commanded their bodies to be apprehended where ever they were within the kingdom 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 tyed to the King and free to make his defence Whereupon he seeing neither Faith nor Oath nor Peace to be kept by the King or his ill Counsellours who contrary to their promise and Oath refused to deliver up his Castle which they promised to render to him
the confiscation of their goods and inheritances Whereupon getting into greater favour and power then before puffed up with their good successe and new honours they discontented not onely the Nobles but Queene too who going over into France with her sonne the Prince whose lives these favorites attempted She raised an Army beyond the Seas and returning with it into England most of the Lords and Commons resorted to her and fell off from the King who being destitute of friends and meanes demanded assistance of the City of London whose answer was That they would honour with all duty the King the Queene and Prince but would shut their gates against Foreiners and Traytors to the Realme and with all their power withstand them And under the name of Iohn of Eltham the Kings second sonne whom they proclaimed Custos of the City of the Land they got the Tower of London into their possession placing and displacing the Garrison and Officers therein as they pleased The King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her selfe her sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should aide or assist them and that he should have a 1000. l. who did bring the Lord Mortimers head fâ—ies to Bristol in the Castle whereof the elder Spenâ—er was taken by the Queenes Forces and without any formall tryall cruelly cut up alive and quartered being first at the clamours of the people 〈◊〉 and hanged in his proper armour upon the common Gallowes without the City After which the King forsaken of all his Subjects flies into Wales for shelter where he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his son confessing That for his many sins he was fallen into this calamity and therefore â—ad the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abharre his any longer rule and Soveraignty and therefore he besought all there present to forgive and spare him being so afflicted Soone after he was murthered in Baâ—kly Castle And so the sicknesse and wounds which the Common-wealth sustained by his ill raigne upon the change of her Physitian recovered not onely health and strength but beauty also and ornament writes Iohn Speed After all this King Richard the second in the ninth yeare of his reigne summoned a Parliament wherein Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by the Parliament and the Sealâ— taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both the Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for the defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill Counsellors to the Court shewing them greater favour then before In so much that at Christmas the King made de la Pole sit at his owne table not in the usuall garment of a Peere but of a Prince out of a stomacke and hatred against the Peeres whom from thenceforth be never regarded but feiuedly and then fals to plot the death of the Duke of Glocester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Nottingham Castle with a few persons generally ill-beloved ill-adwised and ill-provided The course agreed upon by the King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speed seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumed the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters then umder a shew of justice they should be proceeded against accordingly The Lawyers who were the very men which in the last Parliament gave advice to the Lords to do as they did now meeting were demanded Whether by the Law of the Land the King might not disanull the Decrees of the last Parliament They joyntly answered he might because he was above the Lawes a most apparent errour confessing that themselves had in that Parliament decreed many things and given their judgement that all was according to Law which they acknowledged to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withall sends for the Sheriffes of Shires to raise Forces against the Lords who denyed saying that they could not raise any competent forces or Armes against them the whole Counties were so addicted to their favours and being further willed to suffer no Knights to be chosen for their Shires but such as the King and his Councell should name they answered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good precedent for our present Sheriffes whereupon they were dismissed Then were the Lawyers and Judges Robert Trefilian and his companions called before the King to determine the judgements of Treasons against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if need were against the Lords in the day of battle Many of which answered that they neither could nor would stand against the Lords whom they knew for certaine intimately to love the King and to endevour all things study all things doe all things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kings notice The Lords hearing of these proceedings were much sadded being conscious to themselves of no guilt worthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop of London to the King who inclining to credit the same was in an evill houre diverted by De la Pole The Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which they severally gather Forces that they might present their griefes to the King How he favoured Traytors not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speedily prevented The King on the other side by Trayterous Counsellours advise sought how to take them off single before they were united but in vaine by reason their party was so great Meane time some peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thither approaching they are advertised by some who had sworne on the Kings behalfe for good dealing to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which without the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre knights were reported to have laid for
but being apprehended and brought backe to the Parliament in the forenoone had sentence to be drawne to Tiburne in the afternoone and there to have his Throate cut which was done accordingly The King seeing these proceedings by advise of his ill Counsellors absented himselfe from his Parliament and sent Michael de la Pole then Lord Chancellor to demand foure fifteenes in his name of the Commons for that without lesse he could not maintaine his estate and outward warre To which the body of the Parliament made answer that without the King were present they would make therein no answer and that unlesse the King would remove him from his Chancellorship they would no further meddle with any Act this Parliament The King upon this sent to the Commons that they should send to Eltham where he then lay 40. of the wisest and best learned of the Commons who in the name of the whole House should declare unto him their minde Upon which message the House were in more feare then before for there went a talke that the King intended to betray divers of them which followed not his minde either that way or at a banquet appointed to be made purposely at London if Nicholas Exton the Mayor of London would have consented thereunto at which time the Duke of Glocester should have beene taken Wherefore the Lords and Commons assembled together agreed with one assent that the Duke of Glocester and Bishop of Ely should in the name of the whole Parliament be sent to the King to Eltham which was done and the King well pleased that they should come When they came into his presence they most humbly saluted him and said Most high and redoubted Soveraigâ—e Lord the Lords and Commons of this your Parliament assembled with most humble subjection unto your most royall Majesty desire your most gracious favour so that they may live in tranquillity and peace under you to the pleasure of God and wealth of the Realme On whose behalfe we also shew unto you that one old statute and landable custome is approved which no man can deny That the King our Soveraigne Lord may once in the yeare lawfully summon his high Court of Parliament and call the Lords and Commons thereunto as to that which is the highest Court of this Realme In which Court all equity and justice must shine even as the Sunne when it is at the highest whereof poore and rich may take refreshing where also must be reformed all the oppressions wrongs exactions and enormities within the Realme and there to consult with the wise men for the maintenance of the Kings estate And if it might be knowne that any persons within the Realme or without intended the contrary there also must be devised how such evill weeds might be destroyed There also must be studyed and soreseene that if any charge doe come upon the King and his Realme how it may be well and honourably supported and sustained Hitherto it is thought by the whole Realme that your Subjects have lovingly demeaned themselves to you in ayding you with substance to the best of their powers and they desire to have knowledge how and by whom these goods be spent One thing resteth yet to declare in their behalfe unto you how that by an old Ordinance they have an Act if the King absent himselfe forty dayes not being sicke but of his owne minde not heeding the charges of his people nor their great paines will not resort to his Parliament they then may lawfully returne home to their houses And now Sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discomfort And our Parliaments present case To this the King answered by these words Well we doe consider that the people and Commons goe to rise against us wherefore we thinke we can doe no better than to aske ayde of our Cosin the French King and rather submit us to him than to our owne Subjects The Lords answered Sir that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King is your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispoyle you invade you and depose you from your estate Royall than put any hand to helpe you c. And as that King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconveniences be come by the evill Counsell which are about you And if you put not your helping hand to the redresse of the premises this Realme of England shall be brought to nought and utter ruine which clearely shou'd be laid to your default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the world was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruine either of you or else of your Realme By these good perswasions the King was appeased and promised within three dayes after to come to the Parliament and to condescend to their Petitions And according to his appointment he came Where soone after Iohn Fordham Bishop of Durham was discharged of the Treasurourship and the Bishop of Hereford set in his place De la Pole was put from his Chancellourship for dive scrimes frauds briberies and treasons by him committed to the prejudice of the King and his Realme committed to the Tower and fined twenty thousand Markes to the King in relieving of the Commons Divers other Judges knights Delinquents of all sorts were condemned executed others banished and their states confiscated others put out of Offce by this Parliament as you may read in our Histories and in the Statutes at large in which Statutes the mischievous effects of these evill Counsellors to King kingdome and people are at full related whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords raising of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of any pardâ—n and their raising of Armes against the Parliament and kingdome though with the Kings owne consent and his command declared and enacted to be high Treason These proceedings ratified and assented to in Parliament by the King much against his will wrought an intolerable secret hatred and desire of revenge in his heart against the Lords which for want of power he concealed neare ten yeares space but in the twentyeth yeare of his Reigne being somewhat elevated in his spirit with a rumour that he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke and Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the peoples eyes lest they should rise up in Armes to rescue these Lords the King sent out
subject to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater than he in the Kingdome in the exhibition of Justice yet he OUGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING JUDGEMENT if he require it 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 he is Gods Minister and Vicar nisi id solum quod de jure potest but that onely which he can doe by Law That God the Law and his Court to wit the Earles and Barons in Parliament are above the King and ought to bridle him and are thence called Comites because they are the Kings Companions Fleta an ancient Law-booke written in King Edward the third his Reigne l. 3. c. 3. 17. useth the selfe-same words that Bracton doth and concludes That the King hath a Superior to wit God and the Law by which he is made a King and his Court of Earles and Barons to wit the Parliament Fortescue a Lawyer Chancellour to King Henry the sixt proves at large That the King of England cannot alter nor change the Lawes of his Realme at his pleasure for why be governeth his people by power not onely Royall but Politique If his power over them were royall onely then he might change the Lawes of his Realme and charge his Subjects with tallage and other burthens without their consent and such is the Dominion the Civill Lawes purport when they say The Princes pleasure hath the force of a Law But from this much differeth the power of a King whose Government over the people is Poâ—itique For HE CAN NEITHER CHANGE the LAW without the consent of his Subjects NOR YET CHARGE THEM WITH STRANGE IMPOSITIONS AGAINST THEIR WILL. Wherefore his people doe frankely and freely enjoy and recover their owne goods BEING RULED BY SUCH LAWES AS THEMSELVES DESIRE neither are they pilled off their their owne King or any other Like pleasure also should the Subjects â—ave of a King ruling onely by Royall power sol ong as he falleth not into tyranny St. Thomas in the Booke he wrote to the King of Cyprus justifieth the State of a Realme to be such that it may not be in the Kings power to oppresse his people with tyranny which thing is perfomed onely when the power Royall is restrained by power Politique Rejoyce then O Soveraigne Prince and be glad that the Law of the Realme wherein you shall succeed is such for it shall exhibit and minister to you and your people no small security and content Chap. 10 11 12. He showes the different sorts of Kings or kingdomes some of greater others of lesser power some elective others successive proceeding meerely from the peoples free consents and institution and that the ancient Aegyptian Aethiopian and other Kings were subject to and not above their Lawes quoting sundry passages out of Aristotle concerning the originall of kingdomes Chap. 13. He proceeds thus A People that will raise themselves into a kingdome or other Politique body must ever appoint one to be chiefe Ruler of the whole body which in kingdomes is called a King In this kinde of Order as out of an Embryo ariseth a body naturall ruled by one head because of a multitude of people associated by the consent of Lawes and communion of wealth ariseth a kingdome which is a body mysticall governed by one man as by an head And like as in a naturall body the heart is the first that liveth having within it blood which it distributeth among the other members whereby they are quickned semblably in a body Politique THE INTENT OF THE PEOPLE is THE FIRST LIVING THING having within it blood that is to say Politique provision for the Utility and wealth of the same people which it dealeth forth and imparteth AS WELL TO THE HEAD as to the Members of the same body whereby the body is nourished and maintained c. Furthermore the Law under which a multitude of men is made a people representeth the forme of sinews in the body naturall because that like as by sinews the joyning of the body is made sound so by the Law which taketh the name a Ligando from binding such a Mysticall body is knit and preserved together and the members and bones of the same body whereby is represented the soundnesse of the wealth whereby that body is sustained doe by the Lawes as the naturall body by sinewes retaine every one their proper function And as the head of a body naturall cannot change his Sinewes nor cannot deny nor with-hold from his inferiour members cheir proper powers and severall nourishments of blood SO NEITHER CAN THE KING who is the head of the Politique body CHANGE THE LAWES OF THAT BODY nor with-draw from the said people THEIR PROPER SUBSTANCE AGAINST THEIR WILLS OR CONSENTS For such a King of a kingdome politique is made and ordained for THE DEFENCE OF THE LAWES OF HIS SUBJECTS and of their bodies and goods WHEREUNTO HE RECEIVETH POWER OF HIS PEOPLE SO THAT HEE CANNOT GOVERNE HIS PEOPLE BY ANY OTHER LAW Chap. 14. be addes No Nation did ever of their owne voluntary minde incorporate themselves into a kingdome FOR ANY OTHER INTENT BUT ONELY TO THE END that they might thereby with MORE SAFETY THEN BEFORE MAINETAINE THEMSELVES and enjoy THEIR Goods free from such misfortunes and losses as they stood in feare of And of this intent should such a Nation be defrauded utterly IF THEIR KING MIGHT SPOYLE THEM OF THEIR GOODS WHICH BEFORE WAS LAWFULL FOR NO MAN TO DOE And yet should such a people be much more injured if they should afterwards be governed by Foraine and strange Lawes and such peradventure as they deadly hated and abhorred and most of all if by those Lawes their substance should be diminished for the safeguard whereof as also for their honour and of their owne bodies THEY OF THEIR OWNE FREEWILL SUBMITTED THEMSELVES TO THE GOVERNEMENT OF A KING NO SUCH POWER FREELY COULD HAVE PROCEEDED FROM THEM and yet IF THEY HAD NOT BEENE SUCH A KING COULD HAVE HAD NO POWER OVER THEM And Chap. 36. f. 86. He concludes thus The King of England neither by himselfe nor his Ministers imposeth no Tallages Subsidies or any other burthens on his Lieges or changeth their Lawes or make new ones without the concession or assent OF HIS WHOLE KINGDOME EXPRESSED IN HIS PARLIAMENT Thus and much more this Learned Chancellour in point both of Law and Conscience sufficient to stop the mouthes of all Malignant Lawyers and Royalists being Dedicated to and approved by one of our devoutest Kings and written by one of the greatest and learnedest Officers of the Kingdome in those dayes In few words Raphael Holinshed Iohn Vowell and others in their Description of England Printed Cum Privilegio resolve thus of the Parliaments power This House HATH THE
cognoscimus quod cum vestro consilio fuerit ordinatum ID AD BEATITUDINEM NOSTRI IMPERII ET AD NOSTRAM GLORIAM REDUNDARE Therefore doubtlesse he deemed the Senate the chiefe Legislators as knowing better than himselfe what conduced to the beatitude of the Empire and to his owne Imperiall honour and never dreamed of any negative voyce annexed to his Imperiality to deny such Acts as they once Voted for usefull publicke Lawes Fifthly It is cleare that all Acts which give any Subsidie Taxes Penalties or forfaitures to the King are made onely by the People in Parliament and not principally by the King since the King cannot be said in any propriety to give any thing to himselfe This is undenyable by the forme of penning all subsidie Bills granted by the Commons or Clergy Your Commons assembled in your High Court of Parliament c. humbly present your Majesty with the free and chearefull gift of two entire Subsidies which we humbly beseech your Majesty graciously to accept c. Your Majesties faithfull Subjects the Prelates 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 Le Roy remercy ses Loaulz Subjects accept LOUR BENEVOLENCE c. the Commons having the sole power to grant or deny Subsidies and Taxes 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 as all Acts of this nature manifest If then they be the chiefe Law-makers in these Acts which lay any imposition upon the Subjects goods or restraint on his person then by like reason in all other penall publicke Lawes This is infallibly cleare by the Kings Coronation Oath who sweares That he will grant fulfill and defend ALL RIGHT FULL LAWES and CUSTOMES the which THE COMMONS OF THE REALME SHALL CHUSE and shall strengthen and maintaine them after his power If the Commons then are to chuse Lawes and the King by his Oath bound to grant strengthen maintaine and defend them when chosen by them then doubtlesse they are the chiefe Legislators not the King whence Fortescue c. 9. resolves That the People of England are ruled by such Lawes as themselves chuse or desire And that their Lawes are their owne not the Kings Seventhly all Acts of Parliament made in the Reignes of usurpers who have no Title to the Crowne nor right to assent to Lawes are firme and good in Law and shall binde the right heires to the Crowne as is evident by the Lawes made by King Iohn Henry the 4 5 6. reputed usurpers by Edward the 4. and Richard the 3. acknowledged an usurper whose Lawes are yet in force The reason is as is cleare by 1 E. 4. c. 6. because these Lawes and all other Judiciall Acts in Courts of Justice are the Acts of the Parliament and Courts themselves which are lawfull not of the usurping King who is unlawfull Therefore certainely the Legislative power is more in the Parliament thaâ—â— in the King if not wholly in it there being Lawes and kingdomes before Kings were Eightly There are good and binding Lawes in many Aristocraticall and Democraticall States as in Venice the Netherlands Geneva Florence Switzerland and other Republickes where there are no Kings at all Yea there were such obligatory Lawes in Bohemia Poland Sweden Spaine Hungary and other Realmes before they were erected into kingdomes which remained in full force and efficacy and still bound both King and People after they became kingdomes And the Romans Athenians Lacedemonians Lawes of old made under their Kings survived and continued in their vigour after their Kings were abandoned and the very forme of their states quite altered into an Aristocracy yea the Lawes made by the Roman Senate and People continued in force after their Emperours were erected and the very Lex Regia recorded by Salamonius which created limited and defined the very Prerogative Power and Authority of the Roman Emperours was made onely by the Senate and People who by that Law gave sometimes more Authority to one Emperour than to another and restrained the power of some Emperours more than others and subjecting them to some Lawes from which they exempted others and therefore doubtlesse were the supreamest Law-givers and the Soveraigne power above the Emperour as Marius Salamonius and Bodin prove at large And the Emperour Theodosius is not ashamed to professe as much in his Edict to Volusianus in these termes Digna vox Majestate regnantis LEGIBVS ALLIGATVM SE PRINCIPEM PROFITERI AD EO DE AVTHORITATE IVRIS NOSTRA PENDET AVTHORIT AS revera majus Imperio est summittere Legibus Pincipatum Etoraculo praesentis Edicti Quod NOBIS LICERE NON PATIMVR aliis indicamus If then Lawes may thus be made where there are no Kings by the peoples joynt consents alone If Lawes enacted in a State before by consent it be made a Kingdome remaine in force after it is erected into a kingdome and continue after it ceaseth to be a kingdom only by and for the people consenting to them as is evident by infinite examples and the people Parliament Senate have anciently made and may make Lawes even to binde their Kings and Soveraignes themselves in points of their Prerogative and power then doubtlesse they and not Kings are the chiefe Soveraigne Legislators and their Royall assents to Lawes are no wayes essentiall to the very being of Lawes but rather a complementall Ceremony Ninthly 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 Crown to what family they please as the constant practise of all kingdomes in such cases manifests and 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 may make binding publike Lawes during the Inter-regnum as the kingdome and Estates of Aragon did during their Inter-regnums Yea if the King be an infant as Henry the 3 Henry the 6. Edward 3. 5. and Richard 2. with other our Kings were when the Crowne descended to them or non Compos Mentis or taken with a dead Palsie or Apoplexie or an Ideot by birth or Age or a Monke professed as some Kings have beene or absent in a Pilgrimage to Rome or a voyage to the Holy Land As the Lords and State Assembled at the New Temple after the death of King Henry the third during his Sonne King Edward the 1. his absence in the Holy Land Proclaimed him King swore fealty to him CAUSED A NEW SEALE TO BE MADE appointed â—it Officers
and Ministers for the Custody of his Treasure and Peace and proclaimed his Peace throughout the Realme or other remote foraine parts by reason of warres as divers of our Kings heretofore have beene and so unable personally to consent to Lawes no doubt in all such cases the right of creating a Protector to execute regall power summon Parliaments assent to Lawes is onely in the Parliament which may in these cases make any publicke Acts without the Kings personall presence or assent and the assent of the Regent or Protector usually created by them shall as firmely binde the King as if he had personally consented as is evident by all the Acts of Parliament passed during the minority of Henry the third who was but nine yeares old Edward the third who was but thirteen Richard the second who was but eleven yeares of age Henry the sixt who was but nine moneths old Edward the sifth but twelve yeares Henry the eight not eighteene yeares Edward the fixt but nine yeares of age when they began their Reignes and so uncapable of giving any personall consent to Lawes by themselves of which they could not judge but by their Protectors and by all Acts made in the absence of King Richard the first Edward the 1 2 3 4. Henry the 3. 2 3 4 5 6. and others out of the Realme all good and binding Lawes as appeares by 28 H. 8. c. 17. which altered and 33 H. 8. c. 22 which declareth the Law in these particulars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-giver not the King Tenthly 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 Royle veult The King wills or assents to it not before but after they have passed both Houses imports which assent of his if the Bils be 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 compleates Bils 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 vertue of his Coronation Oath is bound to give as appeares by the Prefaces of most Statutes the Statute of Provisours 25 E. 3. Parl. 6. 20 E. 3. and other Acts it is so farre from proving the King the Supreame power and Law-giver that it manifests the contrary that this power principally resides in both the Houses not the King Eleventhly The kingdomes Soveraignty and supreame jurisdiction above the King is most apparent by those Coronation Oathes which Parliaments and the kingdome anciently long before or at leastwise in King Edwards dayes before and ever since the Conquest have prescribed to our Kings ere they would accept of them for their Soveraignes of which I shall give you a short account Before the Conquest I read in King Edward the Confessors Lawes not onely the Office but Oath of the King of England whom he and Bracton oft stiles Gods and Christs Vicar upon earth thus excellently described A King ought above all things to feare God to love and observe his Commandements and cause them to be observed through his whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved such as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe Iustice and Iudgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King in his owne person to doe taking his Oath upon the Evangelists and the blessed Reliques of Saints swearing in the presence of the whole State of his Realme as well of the temporalty as of the spiritualty before he be 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 be keepe under as his servants and slaves he shall Reigne well and honourably in his kingdome He must doe all things with good advisement and preâ—â—e ditation and that properly belongeth to a King for hasty rashnesse bringeth all things to 〈◊〉 according to the saying of the Gospell Every kingdome divided in it selfe shall be brought to desolution Master Fox informes us that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes but the most part of them be omitted contrary to his Oath at his Coronation Indeed I finde not in William of Maâ—â—esbury Henry Huntingdon Matthew Paris or Westminster that William the Conquerour tooke this Oath at his Coronation but onely that he was received by the Clergie and people at London in great triumph AB OMNIBUS REX ACCLAMATUS and proclaimed King by them all and then Crowned but Roger de Hoveden and Daniel out of him are expresse in point that according to the accustomed forme the Bishops and Barons of the Realme tooke their Oathes to be his true and loyall Subjects and he reciprocally being required thereunto by Aldred Arch-bishop of Yorke who Crowned him made his personall Oath before the Altar of the Apostle Saint Peter in the presence of the Clergy and People That he would defend the holy Churches of God and the Rectors of the same Likewise that he would govern all the people Subject to him justly and with royall providence RECTAM LEGEM STATUERE ET TENERE which referres to future Lawes that he would establish and observe RIGHTEOUS LAWES and that he would utterly prohibit rapines and unjust judgements Nor did he claime any power by Conquest but as a regular Prince submitted himselfe to the Orders of the kingdome desirous to have his Testamentary title howsoever weake to make good his Succession rather than his Sword the flattery of the time onely giving him the Title of Conquerour afterwards but himselfe not claiming it But William soone after forgetting this his solemne Oath did as Speed with others write abrogate for the most part the ancient Lawes of the Land and introduce new hard Lawes of his owne written in the Norman tongue which the people understood not and the Iudges wrested at their pleasures to the forfeiture of Goods Lands Life Hereupon the Nobility and Natives seeking to cast off these snares and fetters of his Lawes set up Edgar Atheling for their King and Generall once again fell into a new conspiracy raising great forces resolving to make the sword their judge The King hereupon by Lanfrankes advise who as Rehoboams sages gave him counsell somewhat to beare with their abuses rather than hazard the ruine of all in fight appointed a meeting at Berkhamsteed Anno
How well he observed this solemne Oath with many others of like nature made to his Lords and Subjects for confirmation of Magna Charta and their Liberties Matthew Paris will informe us who writes That the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prelates and Lords knew not how to hold this Proteus the King for where there is no truth there can be no fixed confidence That though be sometimes humbled himselfe confessing that he had beene often bewitched by ill counsell and promised with a great Oath solemnely taken upon the Altar and Coffin of Saint Edward that he would plainely and fully correct his former Errors and graciously condescend to his naturall Subjects good counsell yet his frequent preceding breaches of Oathes and promises Se penitus incredibilem reddiderunt made him altogether incredible so that though he usually heard three Masses every day but seldome any Sermons as Walsingham notes yet none would afterwards beleeve him but ever feared and suspected his words and actions and to avoid the infamy of perjury which he feared he sent to the Pope to absolve him from his Oathes he repented of who easily granted him an absolution Such faith such assurance is there in the Oathes the Protestations of Princes to their Subjects whose Politicke capacities oft times have neither soule nor conscience and seldome keepe any Oathes or promises no further than it stands with their owne advantages reputing onely pious frauds to over-reach and intrap their credulous people This perfidiousnesse in the King made his long Reigne full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne and Kingdome as our Historians informe us for which he repented and promised amendment at his death Bracton an antient Lawyer in this Kings daies writes That the King in his Coronation OUGHT by an Oath taken in the name of Iesus Christ to promise these three things to the people subject to him First that he will command and endeavour to his power that true peace shall be kept to the Church and all Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities in all degrees Thirdly That in all judgements he will command equity and mercy that so God who is gracious and mercifull may bestow his mercy on him and that by his justice all men may enjoy firme peace For saith he a King is SACRED and ELECTED to wit by his Kingdome for this end to doe justice 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. The forme of the Kings Coronation Oath ever since Edward the second hath beene this and is thus administred The Metropolitan or Bishop that is to Crowne the King with a meane and distinct voyce shall interrogate him if he will confirme with an Oath the Lawes and Customes granted to the people of England by ancient just and devout Kings towards God to the same people and especially the Lawes and Customes and Liberties granted by glorious King Edward to the Clergie and People And IF HE SHALL PROMISE that he will assent to all these Let the Metropolitan or Bishop expound to him what things he shall sweare saying thus Thou shalt keepe to the Church of God to the Clergie and people peace intirely and concord in God according to thy power The King shall answer I will keepe it Thou shalt cause to be done in all thy judgements equall and right justice and discretion in mercy and verity according to thy power He shall answer I will doe it Thou grantest just Lawes and Customes to be kept and thou dost promise that those Lawes shall be protected and confirmed by thee to the honour of God QUAS VULGUS ELEGERIT which the people shall chuse according to thy power He shall answer I doe grant and promise And there may be added to the foresaid Interrogations what other things shall be just All things being pronounced he shall with an Oath upon the Altar presently taken before all confirme that he will observe all these things There hath beene a late unhappy difference raised betweene the King and Parllament about the word ELEGERIT the Parliament affirming the word to signifie shall chuse according to sundry written Rolles and Printed Copies in Latine and French the King on the contrary arffiming it should be hath chosen But he that observes the words of these ancient Oathes Populo tibi commisso rectam justiciam exercebis malas leges iniquas consuetudines si aliquae fuerint in Regno tuâ— delebis bonas observabis all in the future tence and the verbes servaâ—is Facies fieri protegendâ—s corroborandas in the former and same clauses of the Oath now used all of them in the future with the whole Scope intent and purport of this part of the Oath must necessarily grant shall chuse to be the true reading and that it referres to the confirmation of future Lawes to be afterwards made in Parliament not to those onely in being when the Oath was administred else Kings should not be obliged by their Oathes to keepe any Lawes made after their Coronations by their owne assents but onely those their Predecessors assented to not themselves which were most absurd to affirme But because I have largely debated this particular and given you an account of our Kings Coronation Oathes from King Richard the seconds Reigne downeward in my following Discourse and debate of the Kings pretended Negative voyce in passing Bils in Parliament I shall proceed no further in this subject here From these severall Oathes and Passages the usuall forme of the Nobles proclaiming such and such Kings of England the fore-cited Histories the manner of our Kings Coronation thus expressed in the close Roll of 1 R. 2. n. 44. Afterwards the Archbishop of Canterbury having taken the corporall Oath of our Lord the King to grant and keepe and with his Oath to confirme the Lawes and customes granted to the people of the Kingdome of England by ancient just and devout Kings of England the progenitors of the said King and especially the Laws Customes and Freedomes granted to the Clergy and people of the said Kingdome by the most glorious and holy King Edward to keepe to God and the holy Church of God and to the Clergy and people peace and concord in God entirely according to his power and to cause equall and right Iustice to be done and discretion in mercy and truth and also to hold and keep the just Lawes and customes of the Church and to cause that by our said Lord the King they should be protected and to the honour of God corroborated which the PEOPLE SHOULD JUSTLY AND REASONABLY CHUSE to the power of the said Lord the King the aforesaid Archbishop going to the foure sides
to his estate All these things concluded they ELECTED his son Edward King in the great hall at Westminster with the UNIVERSALL CONSENT OF THE PEOPLE THERE PRESENT and the Archb. of Canterbury thereupon makes there a Sermon on this Text Vox populi vox Dei exhorting the people to invoke the king of kings for him they had then chosen It was further ordered and agreed that during the Parliament time a solemne Message should be sent to the King to Kenelworth Castle where he was kept prisoner to declare unto him not only the determination of the three estates concerning HIS DEPOSING FROM THE KINGDOME but also to resigne unto him IN THE NAME OF THE WHOLE REALME all their homage that before time they had done him and to doe this message there was certaine select persons chosen by the Parliament namely the Bishops of Winchester Hereford and Lincoln two Earles two Abbots foure Barons two Iustices three knights for every County and for London the Cinqueports and other Cities and Burroughes a certaine chosen number with the Speaker of the Parliament whose name was Sir William Trâ—ssell who comming into the Kings presence told him That the Common-weale had received so irrâ— concileable dislikes of his government the particulars whereof had been opened in the Assembly at London that it was resolved never to indure him as King any longer That notwithstanding those dislikes had not extended themselves so farre as for his sake to exclude his issue but that with universall applause and joy THE COMMON-WEALE HAD IN PARLIAMENT ELECTED HIS ELDEST SONNE THE LORD EDWARD FOR KING That it would be a very acceptable thing to God willingly to give over an earthly kingdome for the common good and quiet of his Country which they said could not otherwise be secured That yet his honour should be no lesse after his resignation then before it was onely him the Commonweale would never suffer toraigne any longer They finally told him That unlesse he did of himselfe renounce his Crowne and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all homage and fealty would elect some other for king who should not be of the blood This message strucke such a chilnesse into the King that he fell groveling to the earth in a swoun which the Earle of Leicester and Bishop of Winchester beholding run unto him and with much labour recovered the halfe dead King setting him on his feet who being come to himselfe the Bishop of Hereford running over the former points concludes saying as in the person of the Commonwealth That the king must resigne his Diadem to his eldest sonne or after the refusall suffer THEM TO ELECT SUCH A PERSON AS THEMSELVES SHOULD JUDGE TO BE MOST FIT AND ABLE TO DEFEND THE KINGDOME The dolorous King having heard this speech brake forth into sighes and teares made at the last this answer to this effect That he knew that for his many sinnes he was fallen into this calamity and therefore had the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him as that they should utterly abhor his any longer rule and soveraignty and therefore he besought all that were there present to forgive and spare him being so afflicted That neverthelesse it was greatly to his good pleasure and liking seeing it could none other be in his behalâ—e that his eldest sonne was so gracious in their sight and therefore he gave them thanks for chusing him their King This being said then was a proceeding to the short Ceremonies of his resignation which principally conâ—isted in the surrender of his Diadem and Ensignes of Majesty to the use of his Sonne the new King Thereupon Sir William Trussell the Speaker ON THE BEHALFE OF THE WHOLE REALM renounced all homage and allegiance to the said Edward of Carnarvan late King in these words following I William Trussell IN THE NAME OF ALL MEN OF THIS LAND OF ENGLAND AND OF ALL THE PARLIAMENT PROCURATOR resigne to thee Edward the homage that was sometimes made unto thee and from this time now forward I defie thee AND DEPRIUE THEE OF ALL ROYALL POWER I shall never be attendant to thee as King after this time After which King Edward the third being solemnly crowned proclaimed his peace to all his people in these words Edward by the grace of God King of England Lord of Ireland and Duke of Aquiâ—ane to N. N. our Sheriffe of S. greeting Because the Lord Edward our Father late King of England by THE COMMON COUNSELL AND ASSENT OF THE PRELATES EARLS BARONS AND OTHER THE CHIEFE MEN AND WHOLE COMMONALTIE OF THE KINGDOM did voluntarily remove himselfe from the government thereof willing and granting that We as his eldest Sonne and Heire should take upon us the rule and regiment of the same and we with the counsell of the Prelates Earls and Barons aforesaid yeelding therein to our Fathers good pleasure and will have taken upon Vs the Governanse of the said Kingdome and as the manner is have received the Fealties and Homages of the said Prelates and Peeres We therefore desirous that Our peace for the quiet and calme of Our people should be inviolably observed do will and command you that presently upon sight of these presents you cause Our Peace to be proclaimed throughout your Bayli-wick forbidding all and every one on Our behalfe under paine and perill of disinheritance and losse of life and limbs not to presume to violate or infringe Our said Peace but that every one pursue or follow his Actions and Complaints without any manner of outrage according to the Laws and Customs of Our Kingdome for We are ready and alwayes will be to administer full right to all and singular complaints as well of poore as rich in Our Courts of Iustice. The second President is that of King Richard the second who being taken prisoner by Henry Duke of Lancaster An. 1399. the Duke soone after on the thirteenth of September called a Parliament in the Kings Name wherein was declared how unprofitable King Richard had been to the Realme during his reigne how he subverted the Lawes pâ—lled the people ministred Iustice to no man but to such as pleased him And to the intent the Commons might be perswaded that he was an unjust and unprofitable Prince and a Tyrant over his Subjects and THEREFORE WORTHY TO BE DEPOSED there were set forth certaine Articles to the number of 32. or 38. as some record very hainous to the eares of many some whereof I have formerly recited and the residue you may read in Hall Grafton Haywood Trussell and others After which Richard was charged with the foresaid Articles there was an instrument made declaring his Answers and how he consented willingly to be deposed the Tenor of which instrument was as followeth This present Instrument made the Munday the 29. day of September and feast
of Saint Michael in the yeere of our Lord God 1389. and the 23. yeere of King Richard the second witnesseth that where by the Authority of the Lords Spirituall and Temporall of this present Parliament and Commons of the same the right honourable and discreet persons hereunder named were by the said Authority assigned to goe unto the Tower of London there to heare and testifie such Questions and Answers as then and there should be by the said honourable and discreet persons heard Know all men to whom these present Letters shall come That we Sir Richard Scroop Archbishop of York Iohn Bishop of Hereford Henry Earle of Northamberland Ralfe Earle of Westmerland Thomas Lord of Barkly William Abbot of Westminster Iohn Prior of Canterbury William Thirning and Hugh Burnell Knights and Iohn Markham Justice Thomas Stowe and Iohn Burbage Doctors of the Law civill Thomas Fereby and Denis Lopham Notaries publike the day and yeer abovesaid betweene the houres of eight and nine of the clock before noone were present in the chiefe Chamber of the Kings lodging within the said place of the Tower where was rehearsed to the King by the mouth of the foresaid E. of Northumb. that before time at Conway in north Wales the King being there at his pleasure and liberty promised unto the Archbishop of Canterbury then Thomas Arundell and unto the said Earle of Northumberland that for insufficiency which he knew himselfe to be of to occupie so great a charge as to governe this Realm of England he would gladly leave off and renounce the right and title as well of that as of his title to the Crowne of France and his Majestie unto Henry Duke of Hertford and that to doe in such convenient wise as by the learned men of this Landit should most sufficiently be by them devised and ordained To the which rehearsall the King in our said presences answered benignly and said That such promise he made and so to the same he was at that houre in full purpose to perform and fulfill saving that he desired first to have personall speech with the said Duke and with the Archbishop of Canterbury his Couzens And furthermore he desired to have a Bill drawn of the said Resignation that he might be made perfect in the rehearsall thereof After which Copy by me the said Earle delivered we the said Lords and others departed And upon the same afternoone the King desired much of the comming of the Duke of Lancaster at the last the said Duke with the Archbishop of Canterbury entred the foresaid Chamber bringing with them the Lord Ros the Lord Burgeiney the Lord Willoughbie with divers others where after due obeysance done by them unto the King he familiarly and with a glad countenance to us appearing talked with the said Archbishop and Duke a good season And that Communication finished the King with a glad countenance in presence oâ— us and the other above rehearsed said openly That he was ready to renounce and resigne all his Kingly Majestie in manner and forme as he before seasons had promised And although he had and might sufficiently have declared his renouncement by the reading of another meane person yet he for the more surety of the matter and for the said resignation should have his full force and strength he therefore read the Scroll of resignation himselfe in manner and forme as followeth In the Name of God Amen I Richard by the grace of God King of England and of France and Lord of Ireland acquit and assoile all Archbishops Bishops and other Prelates secular or religious of what dignity degree state or condition that they be of and also all Dukes Marquesses Earles Barons Lords and all mine other liege men both spirituall and secular of what manner of name or degree they be from their Oath of fealty and homage and all other Deeds and Priviledges made unto me and from all manner of Bonds of Allegeance and Regality or Lordship in the which they were or be bound to me or in any otherwise constrained and them their heires and successours for evermore from the same Bonds and Oaths I release deliver acquit and let them for ever be free dissolved and acquit and to be harmlesse for so much as belongeth to my person by any manner way or title of right that to me might follow of the foresaid things or any of them And also I resigne all my Kingly Dignity Majesty and Crowne with all the Lordships Power and Priviledges to the foresaid Kingly Dignity and Crown belonging and all other Lordships and Possessions to me in any manner of wise pertaining what name or condition they be of out take the Lands and Possessions for me and mine obite purchased and bought And I renounce all right and colour of right and all manner of title of possession and Lordship which I ever had or have in the same Lordships and possessions or any of them or to them with any manner of rights belonging or appertaining unto any part of them And also the rule and governance of the same Kingdome and Lordships with all ministrations of the same and all things and every of them that so the whole Empire and Iurisdictions of the same belongeth of right or in any wise may belong And also I renounce the name worship and râ—gality and kingly highnesse cleerly freely singularly and wholly in the most best manner and forme that I may and with deed and word I leave off and resigne them and go from them for evermore saving alway to my successors Kings of England all the Rights Priviledges and appurtenances to the said Kingdome and Lordships abovesaid belonging and appertaining For well I wote and acknowledge and deem my selfe to be and have bin unsufficient and unable and also unprofitable and for mine open deserts not unworthy to be put down And I sweare upon the holy Evangelists here presently with my hands touched that I shall never repugne to this resignation dimission or yeelding up nor never impugne them in any manner by word or by deed by my selfe nor by none other nor I shall not suffer it to be impugned in as much as in me is privily nor apart but I shall have hold and keep this renouncing dimission and leaving up for firme and stable for evermore in all and in every part thereof so God me helpe and all Saints and by this holy Evangelist by me bodily touched and kissed And for more record of the same here openly I subscribe and signe this present Resignation with mine owne hand And forthwith in our presences and other subscribed the same and after delivered it to the Archbishop of Canterbury saying That if it were in his power or at his assignment he would that the Duke of Lancaster there present should be Successour and King after him And in token thereof he took a Ring of gold from his finger being his Signet and put it upon the said Dukes finger desiring and requiring the Archbishop
of Yorke to shew and make report unto the Lords of the Parliament of his voluntary Resignation and also of his intent and good minde that he bare toward his Cousin the Duke of Lancaster to have him his Successour and King after him And this done every man took their leave and returned to their own Upon the morrow following being Tuesday and the last day of September all the Lords Spirituall and Temporall with also the Commons of the said Parliament assembled at Westminster where in the presence of them the Archbishop of Yorke according to the Kings desire shewed unto them seriously the voluntary Renouncing of the King with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successour And over that shewed unto them the Scedule or Bill of Renouncement signed with King Richards hand After which things in order by him finished the question was asked first of the Lords If they would admit and allow that Renouncement The which when it was of the Lords granted and confirmed the like question was asked of the Commons and of them in like manner affirmed After which admission it was then declared That notwithstanding the foresaid renouncing so by the Lords and Commons admâ—tted it were needfull unto the Realme in avoiding of all suspicions and surmises of evill disposed persons to have in writing and registred the manifold crimes and defaults before done by the said Richard late King of England to the end that they might be first openly shewed to the people and after to remain of Record among the Kings Records The which were drawn and compiled as before is said in 38. Articles and there shewed readie to be read but for other causes then more needfull to be preferred the reading of the said Articles at that season were deferred and put off Then forsomuch as the Lords of the Parliament had well considered this voluntary Renouncement of King Richard and that it was behovefull and necessary for the weale of the Realme to proceed unto the sentence of his deposall they there appointed by authority of the States of the said Parliament the Bishop of Saint Asse the Abbot of Glastenbury the Earle of Glocester the Lord of Barkley William Thyrning Justice and Thomas Erpingham and Thomas Gray Knights that they should give and beare open sentence to the Kings deposition whereupon the said Commissioners laying there their heads together by good deliberation good counsell and advisement and of one assent agreed among them that the Bishop of Saint Asse should publish the sentence for them and in their names as followeth In the Name of God Amen We John Bishop of Saint Asse or Assenence John Abbot of Glastenbury Richard Earle of Glocester Thomas Lord of Barkley William Thyrning Iustice Thomas Erpingham and Thomas Gray Knights chosen and deputed speciall Commissaries by the three Estates of this present Parliament representing the whole body of the Realme for all such matters by the said Estates to us committed We understanding and considering the manifold crimes hurts and harmes done by Richard King of England and misgovernance of the same by a long time to the great decay of the said Land and utter ruine of the same shortly to have been ne had the speciall grace of our Lord God thereunto put the sooner remedie and also furthermore adverting the said King Kichard knowing his own insufficiency hath of his own meere voluntarie and free will renounced and given up the rule and government of this Land with all Rights and Honours unto the same belonging and utterly for his merits hath judged himselfe NOT UNWORTHY TO BE DEPOSED OF ALL KINGLY MAJESTY AND ESTATE ROYALL We the Premisses well considering by good and diligent deliberation by the POWER NAME AND AUTHORITIE TO US AS ABOUE IS SAID COMMITTED PRONOUNCE DISCERNE AND DECLARE the same King Richard before this to have beene and to be unprofitable unable unsufficient and unworthy to the rule and governance of the foresaid Realms Lordships and all other Appâ—rtenances to the same belonging and FOR THE SAME CAUSES WE DEPRIUE HIM OF ALL KINGLY DIGNITIE AND WORSHIP AND OF ANY KINGLY WORSHIP IN HIMSELFE AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIUE forbiding expresly to all Archbishops Bishops and all other Prelates Dukes Marquesses Earles Barons and Knights and to all other men of the aforesaid Kingdom and Lordships or of other places belonging to the same Realmes and Lordships Subjects and Lieges whatsoever they be that none of them from this time forward to the foresaid Richard as King and Lord of the foresaid Realmes and Lordships be neither obedient nor attendant After which sentence thus openly declared the said Estates admitted forthwith the same persons for their Procurators to resigne and yeeld up to King Richard all their homage and fealty which they have made and ought unto him before times and for to shew unto him if need were all things before done that concerned his deposing The which resignation aâ— that time was spared and put in respite till the morrow next following And anon as this sentence was in this wise passed and that by reason thereof the Realme stood void without Head or Governour for the time the said Duke of Lancaster rising from the place where he before sate and standing where all might behold him he meekly making the signe of the Crosse upon his forehead and upon his breast after silence by an Officer was commanded said unto the people there being these words following In the name of the Father Sonne and holy Ghost I Henry of Lancaster claime the Realme of England and the Crowne with all the appurtenances as I that am descended by right line of the blood comming from that good Lord King Henry the third and through the right that God of his grace hath sent to me with the helpe of my kiâ—â—e and of my friends to recover the same which was in point to be undone for default of good Governance and due Iustice. After which words thus by him uttered he returned set him down in the place where he before had sitten Then the Lords perceiving and hearing this claim thus made by this noble man either of them frained of other what he thought and after a distance or pause of time the Archbishop of Canterbury having notice of the Lords minde stood up and asked the Commons if they would ASSENT TO THE LORDS WHICH in their mindes thought the claime by the Duke more to BE RIGHTFULL AND NECESSARY FOR THE WEALTH of the Realm and of them all Whereunto they cryed with one voice YEA YEA YEA After which answer the said Archbishop going to the Duke and setting him upon his knee had unto him a few words the which ended he rose and taking the Duke by the right hand led him unto the Kings seat and with great reverence set him therein after a certaine Kneeling and Orison made by the said Duke eâ—e he were therein set And when the King
was thus set in his Throne to the great rejoyceing of the people the Archbishop of Canterbury began there an Oration oâ— Collation in manner as after followeâ—h Vir Dominabitur in populo 1 Râ—gum cap. 9. These be the words of the high and most mighty King speaking to Samuel his Prophet teaching him how he should chuse and ordaine a Governour of his people of Israel when the said people asked of him a King to rule them And not without cause may these words be said here of our Lord the King that is For if they be inwardly conceived they shall give unto us matter of consolation and comfort when it is said that a Man shall have Lordship and rule of the people and not a Childe for God threatneth not us as he sometime threatned the people by Esay 3. Esay I fhall saith our Lord give children to be their Rulers and Princes and weake or fearfull shall have dominion over them But of his great mercy hee hath visited us I truâ—t his peculiar people and sent us a Man to have the rule over us and put by Children that before time ruled this land after childish conditions as by the works of them it hath right lately appeared to the great disturbance of all this Realme and for want and lack of a man For as saith the Apostle Paul in 1. Cor. 14. When I was a childe I savoured and spake as a childe but at the time when I came to the state of a man then I put by all my childish conditions The Apostle saith he savoured and spake as a childe in whom is no stedfastnesse or constancy for a childe will lightly promise and lightly he will breake his promise and doe all things that his appetite giveth him unto and forgeteth lightly what he hath done By which reason it followeth that needs great inconvenience must fall to that people that a Childe is ruler and Governour of nor is it possible for that Kingdom to stand in felicity where such conditions reigne in the head and ruler of the same But now wee ought all to rejoyce that all such defaults bee expelled and that a Man and not a Childe shall have Lordship over us to whom it belongeth to have a sure reine upon his tongue that he may be knowne from a Childe or a Man using childish conditions of whom I trust I may say as the wise man saith in his Proverbs Blessed be the man that hath wisdome and that aboundeth in prudence For that man that is ruled by sapience must needs love and dread our Lord God and whoso loveth and dreadeth him it must consequently follow that he must keep his Commandements By force whereof he shall minister true Justice unto his Subjects and do no wrong nor injury to any man so that then shall follow the words of the wise man which he rehearsed in Proverbs 10. The blessing of our Lord God shall alight upon the head of the King being a just and right wise man for the tongue of him worketh not iniquity and injustice but the tongue of the wicked and sinners covereth iniquity And who that worketh or ministreth Justice in due order he not only safe guardeth himselfe but also holdeth the people in a surety of restfulnesse of the which ensueth peace and plenty and therefore it is said of the wise King Solomon Eccles. 10. Blessed and happy is that land of which the King or Ruler is noble and wise and the Princes be blessed that live in his time As who would say They may take example of him to rule and guide their Subjects for by the discretion of a noble and wise man being in authority many evils are sequestred and put apart and all dissemblers put unto silence for the wise man considereth well the great inconveniences which daily now grow of it where the childe or insipient drinketh the â—weet and dilicious words unadvisedly and perceiveth not intoxication which they be mingled or mixt with till he be invironed and wrapped in all danger as lately the experience thereof hath been apparent to all our sights and knowledges and not without the danger of all this Realm and all was for lacke of wisdome in the Ruler which deemed and taught as a childe giving sentence of wilfulnesse and not of reason so that while a childe reigned selfe will and lust reigned and reason with good conscience was outlawed with Justice stedfastnesse and many other vertues But of this perill and danger wee be delivered by the especiall help and grace of God because he that now ruleth is not a childe but perfect in reason for he commeth not to execute his owne will but his will that sent him that is to wit Gods will as a man unto whom God of his abundant grace hath given perfect reason and discretion to discerne and deem as a perfect man wherefore of this man we shall not onely say that he shall dwell in wisdome but as a perfect man and not a childe he shall thinke and deem and have such circumspection with him that hee shall diligently forelooke and see that Gods will be done and not his and therefore now I trust the words of the wise man Eccles. 10. shall be verified in our King saying A wise and discreet Iudge shall now deeme his people and the Dominion or Lordship of a discreet wise man shall stand stedfast whereupon shall then follow the second verse of the same Chapter saying Like as the Head and Soveraigne is replenished with all sapience and vertue in guiding of his people administring to them Law with due and convenient Iustice so shall the Subjects be garnished with awe and loving dread and beare unto him next God all honour truth and allegiance So that then it may bee concluded with the residue of the foresaid verses Such as the Ruler of the City is such then be the inhabitants of the same So that consequently it followeth A good Master maketh a good Disciple And likewise an evill King or Ruler shall lose his people and the Cities of his Kingdome shall be left desolate and uninhabited Wherefore thus I make an end in stead of a childe wilfully doing his lust and pleasure without reason now shall a man be Lord and Ruler that is replenished with sapience and reason and shall governe the people by skilfull doings setting apart all wilfulnesse and pleasure of himselfe so that the word that I began with may be verified in him Ecce quia vir dominabitur in populo the which our Lord grant and that he may prosperously reign unto the pleasure of God and wealth of his Realm Amen The which Oration being thus finished and the people answering with great gladnesse Amen The King standing upon his feet said unto the Lords and Commons present Sirs I thanke you my Lords Spirituall and Temporall and all the States of this Land and doe you to understand that it is not my will that any man think that by the way
of conquest I would disinherit any man of his heritage franchise or other rights that he ought to have of right nor for to put him out of that which he now enjoyeth and hath hâ—d before time by custome of good Law of this Realm except such private persons as have beene against the good purpose and the common profit of the Realme And this speech thus finished all Sheriffs and other Officers were put in their Authorities which season for the time that the Kings Sea was void and after every man departed And at afternoon were Proclamations made in accustomary places of the City in the name of King Henry the fourth And upon the morrow following being wednesday and the first of October the Procurators abovenamed went unto the Tower of London and there certified Richard of the admission of King Henry And the foresaid Justice William Thyrning in the name of the other and for all the States of the land gave up unto Richard late King all homage and fealty unto him before him due in like manner and forme as before I have shewed to you in the deposition of King Edward the second And thus was this Prince deprived of all Kingly dignity and honour by reason of his evill counsell and such unlawfull wayes and meanes as he by his insolency in his Realme suffered to be used when he had reigned two and twenty yeers three moneths and eight dayes So Fabian and others verbatim Those Parliaments then and Nationall Assemblies which have thus disposed of the Crown and Kings themselves and exercised such jurisdiction over them must certainly be above them and the highest Soveraigne power True it is our Protestant Pâ—eres Commons and Parliaments never challenged nor exercised such jurisdiction and I presume they will not doe it However it is neither honourable nor safe for Kings and the most destructive policy their ill Counsellors can suggest unto them so farre to oppresse their Subjects or exasperate their Parliaments as to provoke them to use the extremity of their Soveraigne power and revive dead sleeping Presidents for their reliefe The consideration whereof when they were fresh made succeeding Kings more just and moderate in their governments and reclaimed many vitious oppressing Princes as Archigallo and others witnesse We know what Solomon saith Surely oppression maketh a wise man mad and if Kings or their evill Instruments shall so far mad their Subjects and Parliaments either by oppressions rapines misgovernment destroying making warre upon them or putting them out of their protections as to make them cry out as they did against King Iohn Iohannes factus est de Rege Tyrannus imo de homine in bestialem prorumpens feritatem Vae tibi Iohanni Regum ultime Anglorum Principum abominatio Nobilitatis Anglicanae confusio Heu Anglia vastata amplius vastanda c. Whereupon presently ensâ—ed a Nolumus hunc regnare Tandemque decretum est ut aliquem potentem in Regem eligerent per quem possint ad possessiones pristinas revocari eradextes quod nullus Iohanne peier vel durior pâ—ssit dominari tale miserabile statuentes argumentum Fortuna miserrima tuta est Nam timor eventus deterioris abest Cumque aliquandiu quem eligerent haesitassent demum in hoc pariter consenserunt ut Ludovicum filium Philippi Regis Francorum sibi praeficerent ipsum in Regem Angliae sublimarent Which they did to King Johns their own and the whole Kingdomes great prejudice We know what the ill advise of Rehoboams rough evill Counsellours produced 2 Chron. 10. And the King answered the people roughly after the advice of the young men saying My father made your yoake heavy but I will adde thereto my father chastised you with whips but I will chastise you with scorpions And when all Israel saw that the King would not hearken unto them the people answered the King though some say he came to the Crown by succession saying What portion have we in David and we have none inheritance in the Sonne of Iesse every man to your Tents O Israel and now David see to thine owne house So all Israel went to their Tents and elected Ieroboam for their King and fell away from the house of David to this day being never after united to it but continuing a distinct Kingdome from it This grosse impoliticke maxime of ambitious Princes now so much cryed up and prosecuted Aut Caesar aut Nullus hath utterly unkinged ruined hundreds of Kings and Emperours with their families and deprived them not onely of their Crownes but lives as it did Caesar himselfe with many of his successors whose tragicall ends should deter all other Princes from their destructive aspiring tyrannous counsels courses maximes Wherefore the best policy Kings can use to perpetutate their Thrones to them and their posterity is to treate their subjects so as may win their hearts and affections and not to straine their pretended prerogatives beyond the bounds of Law this being a most certaine experimented rule which 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 mâ—re moderate the King shall be and contented with smaller and fewer prerogatives by somuch the more constant and longer-lasting shall his kingdome necessâ—rily 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 His 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 is to governe himselfe and his subiects onely by Law not power to doe justice and judgement avoid oppression not to lift up his heart above his brethren as if they were his vassals and not men not Christians of the same kinde and quality as himselfe is Wherefore I shall close up this with old Bractons resolution Potestas itaque Regis juris est non injuriae Exercere igitur debet Rex potestatem Iuris sicut 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 opeâ—a fecerit Igitur dum facit justitiam vicarius est Regis aeterni minister autem Diaboli dum
declinat ad injuriam Dicitur enim Rex à bene regendo non à 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 vivat quia hoc sanxit Lex humana quod leges suum ligent latorem alibi in eadem Digna vox Majestate regnantis est legibus alligatum se Principem profiteri Item nihil tam 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 armatum armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. tâ— 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need feare this Supream prerogative power of Parliaments which hath laine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists attribute farre more divine authority and Soveraigne Iurisdiction 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 that a Generall Councell is above the Pope and may upon just cause though they all plead his Soveraignety to be jure divino and his person most sacred terming him his Holinesse in the abstract not onely convent and censure the Pope for his misdemeanâ—urs 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. Iohn 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 Wormes and Brixia against Hildebrand the Councell of Pisa summoned An. 1511. of purpose to depose Pope Iulius for his perjury experimentally manifest and sundry popish Writers acknowledge Now the Councell of Basil as I shewed before defined That the whole Kingdome or Parliament hath as great power over their Kings as a Councell hath over the Pope Therefore by Papists verdicts they are above the King in point of Soveraigne power as a Councell is above the Pope which Iohn Mariana de Rege Regis Instit. l. 1. c. 3. to 10. professedly proves at large 12. That Court which may lawfully censure 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 Gods Ordained of God Gods Ministers To decree iudgement 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 Kings and their Authorities 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 Willam Longchamp Bishop of Ely Chiefe Justitiar 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 misdemeanour and oppressions Pierce Gaveston and the two Hugh Spencers in Edward the seconds reigne of banished by Parliament and violently put to death though the Kings highest Officers and darling Minions Michael De la pole with other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peeres in Parliament together with Treâ—ilian Belknap and their fellow Judges who misadvised him in point of Law Humphrey Duke of Glocester protector to king Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered Cardinall Wolsey that powerfull favourite to king Henry the eight accused and put from his Chancellorship and other Offices by the Parliament The Duke of Sommerset Lord protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Deputy of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our stories and records Nay Queenes themselves have undergone the censures of Parliament of which we have sundry precedents in king Henry the eight his reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to menion the Parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants and of the extraordinary traine and expences of the Kings owne Court and gifts for which I finde these following Presidents with others collected by Mr. William Noy himselfe as is reported his Majesties late Atturney Generall An. 1634. in a Manuscript entituled A Declaration c. passing under his name Anno 3 Ed. 3. the houshould was reformed by the petition of the people An. 1 R. 2. the houshold was brought to such moderation of expense as may be answerable to the revenue of the Crown in and by Parliament Anno. 5 6 R. 2. the Commons petition was that the excessive number of the Kings meniall servants may be remedied or else the realme would be utterly undone and that his houshould might not exceed the ordinary revenue of the realme Anno 4 H 4. the people crave a reformation of the Kings house Anno 7. that he would dismisse some number of the retinue since it was now more chargeable and lesse honourable then his progenitors and that the ancient Ordinances of the houshold in â—ase of the people might be kept and the Officers of the houshold sworne to put the Ordinances and Statutes in due execution and to consider the griefes of his Subjects by unjust purveyance contrary to the Statute that hereafter he might live OF HIS OWNE GOODS IN EASE OF HIS PEOPLE Which the King willingly doth as appeareth by an Ordinance in Counsell whereby the charge of the houshold is limited to 16000. markes Anno 12 18 H. 6. the charge of the Kings house is reduced to a certainty lessened by petition and order in Parliament Anno 12 E 4.
Pacis l. 2. c. 6. 7. lib. 1. cap. 4. sect 10. where he affirms That a King who aliens and would actually deliver up possession of all or any part of his Realm to another forraign power without the peoples consents may lawfully be resisted with force of Arms by his Subjects concluding with this Sentence out of Seneca with which I shall close up this Discourse Et si parendum in omnibus Patri naturall or politicall IN EO NON PARENDUM QUO EFFICITUR NE PATER SIT This point I have thus copiously debated not out of any the least intention to derogate from his Majesties just Supremacie and Prerogatives royall which I have oft solemnly sworn to maintain to the utmost of my power and shall God willing perform but out of a serious desire to rectifie the generall mistakes of men touching a pretended Prerogative which their fantasies onely not the Law have unduely attributed unto Kings and to vindicate the just Liberties Priviledges and Prerogatives of Parliaments so much decryed declaimed against of late by a company of ignorant Papists Malignants Royalists who know not what the jurisdiction of Parliaments is according to the Protestation the clearing of which points in my weak apprehension is the onely high and ready way to compose our present differences to settle all our distractions which the ignorance the mistakes of the Kings and Parliaments just Prerogatives and Powers next to the treacherous malice of Papists have principally raised among us almost to the ruine of the Kingdom For my part I professe sincerely I love and honour both King and Parliament alike and in the controversies now between them concerning their Jurisdictions stand as a man indifferent to do right to both without prejudice to either and the King being the Principall Member of the Parliament the elevating of its now disdained Power to its due altitude can be no depression but advancement of the Kings Prerogative which shines most perspicuously in Parliaments whiles King and Parliament are united and is most eclipsed onely when they are divided as the precedents in all ages manifest And this I dare confidently averre That there are no such enemies to the Kings Prerogative as those who advancing it beyond due bounds do necessarily draw it into dispute in which it commonly comes off with losse and diminution in the end as in the late cases of Loanes Ship-money and the like It was a notable true Speech of our King Henry the 8. in the 34. yeer of his reign in the case of one George Ferrers a member of the Commons house arrested contrary to their Priviledge of which the King being informed used these words among other to the Speaker and House of Commons We are informed by our Iudges That we at no time stand so highly in our estate Royall as in the time of Parliament wherein we as Head and you as Members are knit together into one Body politick so as whatsoever offence and injury during that time is offered to the meanest of the House is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as all Acts and Processes coming our of Inferiour Courts must for the time cease and give place to the highest which being so My Vindication of the Parliaments Soveraign Power and Right can be no impeachment nor diminution of the Kings just Authority though many Sycophants and Malignants falsly repute it so If any here object against the premises That the King is the only Supreme Governour of this Realm That Bracton Fleta and our Law Books resolve That the King hath no Peer in His Kingdom for so He should lose His Empire since Peers or Equals have no command over one another much more then ought He not to have a Superiour or mightier for so He should be Inferiour to those who are subject to Him and inferiours cannot be equall to Superiours The King ought not to be under man but under God and the Law If then Iustâ—ce be demanded of Him by way of Petition because no Wâ—it runs against Him though anciently some Writs did if He do not justice this punishment may be sufficient to Him that He may expect God will revenge it Nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire c. Therefore the King is above the Parliament and whole Kingdom not they above Him I answer First That the meaning of all these Books is That the King is above every one of His Suâ—jects and hath no Peer nor Superiour if they be taken particularly and distâ—ibutively as single men as the words Parem Superiorem in the singular number and the like explain the meaning of the Books to be But if we take them collectively in Parliament as they are one body and represent the whole Kingdom then these very Authors resolve in their forequoted words That they are above the King and may yea ought to restrain and question his actions his Malâ—-Administrations if there be just cause Secondly Bracton explains himself how He is highest and without a Peer to wit In distributing Iustice that is He is the highest Iusticiar in the Kingdom but as low as any in receiving Iustice. Thirdly Even in Parliament it self the King is the Supreme Member and in that regard the Parliament in most publike Acts in all their Petitions or Addresses usuall stiles him Their Soveraign Lord Besides The Parliament it self is ever summoned dissolved by his Writ in his name by his Authority And in passing all Acts and Bills of Grace or such as are not simply necessary for the publike safety and utility of his people He hath an absolute negative voyce and his Royall assent is in some sence simply necessary for the passing of all ordinary lasting binding Laws In which respects he is and may be truely said in some sence To be above the Parliament it self and the only Supreme Governour but yet in the forenamed regards the Parliament really is and may be justly averred to be Paramount him and the Supremest Soveraign Power though not Governour Fourthly The Oath of Supremacy That the King is the only Supreme Governour relates only and at least principally to the Popes forraign Princes Authorities formerly usurped in this Realm as the Title Words scope of the Statute of 1 Eliz. cap. 1. and the very next words in the Oath it self undenyably manifest And that NO FORRAIGN Power Person Prelate State or Potentate hath or ought to have any Iurisdiction Power SUPERIORITY PREHEMINENCE or Authority Ecclesiasticall or Spirituall within this Realm and therefore I do utterly renounce and forsake ALL FORRAIGN Iurisdictions c. Therefore it refers not at all to Parliaments or their Jurisdiction Power Superiority Preheminence or Authority not so much as once thought of by the prescribers of this Oath which had its creation and Authority from
as I am confident no age can Paralell and if not severely vindicated by exemplary punishments of the highest nature upon those ill Counsellors and corrupt Lawyers who contrive and pen them will bring this highest greatest and most honourable Court wherein the whole Kingdom and every Member of it are represented into greater contempt and lesse estimation with all men whether Natives or Forraigners then the basest Court of Pipouders is No King nor Subject ever yet attempted such affronts against the Resolutions of any Judges in inferiour Courts Let no person whatsoever then presume by pen or tongue any longer to arraign or traduce the Resolutions and Ordinances of this highest Tribunall If Kings or Counsellors of State will instruct or excite the Subjects peremptorily to disobey and contemne the Ordinances the Judgements of the Parliament let them never expect the least obedience or submission to any of their own commands which are of lesser credit and Authority which all former Ages have most reverenced and submitted to Fourthly That the Parliament and whole Kingdom being the highest Power or any Member of the Parliament cannot by any publike Acts or Votes of theirs consented to in Parliament become Traytors or guilty of high Treason against the King either by the Common Law or the Statute of 25 Edw. 3. chap 2. of Treasons which running in the singular number If A MAN c. That is any private man or men by their own private authority shall levy warre against the King c. it ought to be judged high Treason extends not to the whole Kingdom or Court of Parliament representing it of which no treason was ever yet presumed the rather because the Parliament by this very act is made the Iudge of all Treasons that are doubtfull and was never yet included within the words or meaning of any Law concerning Treason and therefore cannot be guilty of it Hence the depositions of Archigallo and Emerian two ancient British Kings by the unanimous assent of the Lords and Commons for their rapines oppressions and Tyranny with other forenamed Saxon Kings and of Edward the second Richard the second Henry the sixth Edward the fourth by Acts of Parliament the creating of Richard the third King with the frequent translations of the Crown from the right Heir at Common Law to others who had no good Title by the whole Kingdom or Parliament no lesse then high Treason in private persons was never yet reputed much lesse questioned for or adjudged high Treason in the whole Kingdom or Parliament or any chief active Members in those Parliaments which by the Law are uncapable of Treason for any their judiciall actions and resolutions in such cases being only Tortious and Erroneous reversible by other Acts in Parliament not Trayterous and Rebellious as appears by all the forequoted Statutes and by 13 Eliz. cha 1. which makes it high Treason for any person to affirm That the Queen by Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force to alter limit and binde the Crown of this Realm and the Descent Limitation Inheritance and Government thereof and any mans Title or right thereto And for direct Authorities in this very point Robert Trisylian and Belknap then chief Justices Holt Fulthorp and Burgh Judges Locton King Sergeant and Blake the Kings Counsell in the Parliament of 11 Rich. 2. Were condemned executed and banished the Realm as guilty of high Treason only for affirming under their Hands and Seals That the Duke of Glocester the Earls of Arundel and Warwick were and the other Lords and Commons might be guilty of high Treason for procuring a Commission and other proceedings Voted in Parliament and be punished it as Traytors Which opinion of theirs being afterwards affirmed for Law in a packed Parliament 21 Rich. 1. 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 Iudge Belknap foresaw and therefore was unwilling to put his Seal to this opinion saying There wanted but a hurdle a horse and halter to carry him where he might suffer the death HE HAD DESERVED For if I had not done this I 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 Speed who records it now frequent in Malignants mouthes That the very shop where the Barons originall Treasons were forged was THE PARLIAMENT-HOUSE wherein from time to time they forced on the King Edward the second presumptuous and TREASONOUS ORDINATIONS not only to reform the Kings House and Counsell and to place and displace all great Officers at their pleasure but even claimed a joynt interest in the Regiment of the Kingdom together with the King which William Iâ—ge a Iudge of the Common Law with other like sticklers trayterously perswaded them was according to Law Which grosse slander of the Parliament House would have been capitall at least in former ages and may now indanger the necks of those who speak or write the same of the present Parliament Never did any of our Kings charge any Parliament with high Treason hitherto much lesse indict or wage warre against their Parliaments as Traytors though they have questioned and deposed Kings for offences against and being Enemies or Traytors to the Kingdom Let none then dare affirm That the Houses of Parliament are or can be Traytors now for providing for their own and the Kingdoms safety by a necessary defensive Warre which I shall in the third part fully clear to be neither Treason nor Rebellion against the King in point of Law or Conscience either in the Houses of Parliament or any that bear Arms by their command Fifthly That to conspire or levy warre against the Parliament or Kingdom to dissolve or destroy it or the Members of it is no lesse then High Treason as hath been solemnly adjudged in Parliament 15 E. 2. in the Act entitled Exilium Hugonis le de Spenser in 1 E. 3. the Preface and cap. 1. in 11 Rich. 2. c. 2 3 4. and in the Parliament Roll Printed by Order of both Houses August 27. 1642. And before both these in Glanvil who declares it to be Treason even at the Common Law Si quis machinatus fuerit vel aliquid feoerit in SEDITIONEM REGNI Agreeable to Vlpian and the Saxon Laws which inform us of Treasons against the Common-wealth and Kingdom the case of Cateliâ—â— and others as well as against the King and to the Statute of 13. Eliz. c. 1. which makes it High Treason for any person to stirre up any Forraigners or strangers with force to invade this Realm or Ireland And if it be no lesse then high Treason against the King to slay the Chancellour Treasurer or any of
the Iudges or Iustices of either Bench Eyer Assize or Oyer and Terminer being in their places doing their Offices though by the Kings command as is clear by 25 E. 3. c. 2. and all our Law Books then much more must it be high Treason against the King and Kingdom to warre against the highest Court of Parliament or slay any Member of it for doing their Offices and executing the Houses just Commands If bare mis-Councelling the King to the prejudice of the Kingdom hath so frequently been adjudged high Treason against the King and Realm in severall Parliaments as appears by the forecited Histories of Gaveston the two Spensers Alexander Nevill De la Pole Trysilian and others then what is it to miscouâ—cell and assist him to make an offensive War against his Parliament Kingdom people for to ruine them certainly this must be high Treason against King and Realm in the superlative degree If the Parliament and Kingdom be destroyed or their hearts blood shed their vitall spirits let out by an unnaturall War against them the King himself at least in his royall Capacity as King and his royall posterity too must necessarily be unkinged and overwhelmed in their ruines but if the Kingdom stand and flourish for whose Peace and safety Kings themselves ought not onely to lay down their Crowns but lives as Christ the King of Kings hath resolved and the High Priest too though the King should die or perish as all Kings ever were and will be mortall yet their posterity may enjoy the Crown and reign in honour in prosperity after their death which they cannot do if the Kingdom perish Therefore all those Malignants Papists Delinquents and others who have most unnaturally taken up arms against the Parliament and Kingdom to dissolve and ruine them though by the Kings own illegall Commission or Command are not onely Arch-traytors to the Parliament and Realm alone but likewise to the King himself and his Posterity too in the very judgement of Law whose blood is shed whose Crown and Royalty subverted ruined in the bloodshâ—d ruine destruction of his Parliament Kingdom people As it is in the naturall so likewise in the politicâ— Body a mortall wound in any part of the body kills both body and head the body naturall or politicke cannot die or miscarry but the head must do so likewise therefore this War against the Parliament and Kingdom must in point of Law and Conscience too be a War against the King himself the chief politick head and member of them both from which he cannot legally be severed and high Treason at least against them both as the Parliament the sole Judge of Treasons hath resolved long since in their Declaration of August 18. 1642. in thâ—se positive words The Lords and Commons do declare That all such persons as shall upon any pretence whatsoever assist his Majesty in this war with Horse Arms Plate or Money ARE TRAYTORS TO HIS MAJESTIE THE PARLIAMENT AND THE KINGDOM and shall be brought to condigne punishment for so high an offence which they have since seconded in sundry other Declarations and Impeachments In brief the Gunpowder plot in 3. Iacobi to blow up the Parliament House was then adjudged resolved by the Parliament King and Judges to be high Treason not onely against the King but Parliament and Kingdom too and to blow up or assault the Parliament now in the Kings absence is questionlesse High Treason both against the King Parliament and Kingdom Yea the Statute of 28. H. 8. c. 7. declares those who shall claim the Crown even of right in any oeher manner then is limited by vertue and authority of that Act after the Kings death with all their Counsellors and abettors to be deemed and adjudged HIGH TRAITOURS TO THE REALM not the King and such their offence to be reputed HIGH TREASON and they for it to suffer such pains of death and forfeiture of Lands and Goods as in any cases of high Treason is used onely because it might in common probability ingender a Civil war and Dissentions in the Kingdom to be destruction of the people and their posterities much more then must it be high Treason against the Realm and those High Traitours who now actually wage War against the Parliament the Kingdom and destroy the Subjects and their estates in divers places which they have burned sacked ruined I read in Fabian that Eguiran chief Councellour to Philip the third of France was judged to death and hanged on the Gibbet at Paris for Treason against King Philip and the REALM OF FRANCE as our Powder Traitors were executed for high Treason against the King and Realm of England of late and Gaveston with the Spensers heretofore By the Stat. of 1 E. 3. c. 1. 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Stat. 2. c. 6. 1. Mariae c. 6. certain offences are declared and made high Treason and the committers of them Traitours and enemies not onely to and against the King but likewise TO AND AGAINST THE REALM and in particular the illegall indicting of some Lords to destroy them as guilty of high Treason for procuring a Commission in Parliament supposed prejudiciall to the King and his Crown in 10 R. 2. c. 1. and the opposing and annulling of that Commission and of some Processe Iudgements Executions made given and affirmed in some of these Parliaments raising forces and leavying war against the Parliament and Members of it to destroy them were then adjudged high Treason both against the King and THE REALM though done by the Kings expresse Commission and command The reason is because the King himselfe and the whole Realm in judgement of Law are ever legally present in and with his Parliament when they sit as I have already proved where ever the Kings person is and his royall legall will of which alone the Law takes notice is ever presumed to concur with his greatest Councâ—ll the Parliament against whose Priviledges safety and protection he neither can nor ought by Law or right to attempt any thing and if any personall Commands or Commissions of the King under his great Seal to do ought against Magna Charta the Subjâ—cts libertyâ— safety property the Parliaments Priviledges the Common or Statute Laws of the Realm all which together with the Kings Coronation Oath and the Prologues of most old Parliaments expresly prohibit the levying of war killing wounding murthering imprisoning disinheriting robbing or plundering of the Subjects without legall triall or conviction as do the Statutes of 2 R 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers especially the Welchmen issue out to any person or persons whatsoever especially to raise forces or levie war against the Parliament or Subjects they are meerly void in Law and will rather aggravate then extenuate the guilt
Plundering Cavalliers once come to a legall triall a Gallows will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallel especially if they persevere therein But of this more hereafter Sixthly Hence likewise it necessarily follows that the Houses of Parliament being the Soveraign Power ought of right to enjoy and may when they see just cause for the Kingdoms safety and benefit order the Militia Navy Ports Forts and Ammunition of the Realm and dispose of them into such persons custodies as they may safely conâ—ide in nominate and elect both the great Counsellers publike Officers and Judges of the Kingdom of right require if not enforce if wilfully denied the Kings Assent to all publike Bils of Right and Justice necessary for the Common-weal and safety of his Subjects in which the King hath no absolute Negative voice take up defensive Arms to protect their Priviledges Laws Liberties and established Religion not onely against Malignants and Popish Recusants but the King himself if he raise Forces against them make war upon them against his Royall Oath and duty declaring himself an open enemy to his Parliament and kingdom That they may lawfully in case of present ruine and danger without the Kings concurrence when he shall separate himself wilfully from or set himself against them which the Estates of Aragon held A WICKEDNESSE in their King Alfonso the third impose taxes on the Subject and distrain their goods imprison confine secure their persons for the publike safetie when they deem it absolutely necessary All which with other particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I trust undeceive the blinded world and convince if not satisfie the greatest Royallists Papists Malignants both in point of Law and Conscience in the next parts of this Discourse Errata and Omissions in some Copies Page 15. l. 43. for Lawes read Courts p. 40. l. 22. consâ—nts may be dissolv by their consents p. 49. l. 44. dele and p. 51. l. 20. Eleventhly r. Eighâ—hly Finis Partis Primae THE SOVERAIGNE POVVER OF PARLIAMENTS KINGDOMES OR Second Part of the Treachery and Disloialty of Papists to their Soveraignes Wherein the Parliaments and Kingdomes Right and Interest in and Power over the Militia Ports Forts Navy Ammunition of the Realme to dispose of them unto Confiding Officers hands in these times of danger Their Right and Interest to nominate and Elect all needfull Commanders to exercise the Militia for the Kingdomes safety and defence As likewise to Recommend and make choise of the Lord Chancellor Keeper Treasurer Privy Seale Privie Counsellors Iudges and Sheriffes of the Kingdome When they see just Cause Together with the Parliaments late Assertion That the King hath no absolute Negative Voice in passing publicke Bills of Right and Iustice for the safety peace and common benefit of his People when both Houses deeme them necessary and just are fully vindicated and confirmed by pregnant Reasons and variety of Authorities for the satisfaction of all Malignants Papists Royallists who unjustly Censure the Parliaments proceedings Claimes and Declarations in these Particulars Judges 20. 1. 2. 8. 9. 10. 11. Then all the Children of Israel went out and the Congregation was gathered together as one man from Dan even to Beersheba c. And ALL THE PEOPLE arose as one man saying We will not any of us go to his Tent neither will we any of us turne into his House But now this shall be the thing that we will doe to Gibeah We will goe up by lot against it And we will take ten men of an hundred throughout all the Tribes of Israel and an hundred of a thousand and a thousand out of ten thousand to fetch victualls for the people that they may doe to Gibeah according to all the folly that they have wrought in Israel Judges 11. 5. 6. 11. And it was so when the children of Ammon made warre against Israel the Elders of Gilead said unto Iepthah Come and be our Captaine that we may fight with the children of Ammon c. Then Iepthah went with the Elders of Gilead and THE PEOPLE MADE HIM HEAD AND CAPTAINE OVER THEM â— â—â—m 18. 3â— 4. And the King said unto the people WHAâ—â—â—â—EMETH YOV BEST I WILL DOE Jer. 38. 4. 5. Then Zedechiah the King said unto the Princes Behold he is in your hand FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOV It is this 28 th day of March 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke intituled The Soveraigne power of Parliaments and Kingdomes be forthwith Printed by Michael Sparke Senior Iohn White Printed at London by I. D. for Michael Sparke Senior 1643. To The Reader COurteous Reader our usuall Proverbe concerning Science That it hath no enemies but Ignorants is in a great measure now verified concerning the Proceedings of this present Parliament that few or none malignantly clam or against them but such who are in a great degree Ignorant of our Parliaments just Saveraigne Authority though many of them in their own high-towring conceits deeme themselves almost Omniscients and wiser than an hundred Parliaments compacted into one Among these Anti-parliamentall Momusses there are none more outragiously violent Papists onely excepted in exorbitant Discourses and virulent Invectives against this Parliaments Soveraigne power Priviledges Orders Remonstrances Resolutions then a Company of seemingly Scient though really inscient selfe-conceited Court-Doctors Priests and Lawyers who have so long studied the Art of flattery that they have quite forgot the very Rudiments of Divinity Law Policy and found out such a Divine Legall unlimited absolute royall Prerogative in the King and such a most despicable Impotencie Inanity yea Nullity in Parliaments without his personall presence and concurrence with them as was never heard of but in Utopia if there and may justly challenge a Speciall Scene in the next Edition of Ignoramus What God himselfe long since complained off My people are destroyed for lacke of knowledge may now be as truly averred of the people of England seduced by these blinde Guides or over-reached by Iesuitically Policies they are destroyed for want of knowledge even of the Kings just circumscribed Prerogative of the Parliaments Supreame unlimited Authority and Unquestionable Priviledges of their owne Haereditary Liberties and Native Rights of the Law of God of Nature of the Realme in the points now controverted betweene King and Parliament of the Machivilian deepe Plots of Priests and Papistâ— long since contrived and their Confederacies with forraign States now visibly appearing by secret Practises or open violence to set up Popery and Tyranny throughout our Realmes at once and by false pretences mixt with deceitfull Protestations to make our selves the unhappie Instruments of our Kingdomes slavery our Lawes and Religions utter ruine The Ignorance or Inadvertency of these particulars coupled
before till these blacke clouds were dissipated Which his Majesty refusing to grant in so ample manner as was thought meete for their security by a Vote of both Houses when they were full the Militia was committed to divers Noble Lords and others many of whom have since laid downe their Commissions which they at first accepted from the Houses and instead thereof beene active instruments in executing the Commission of Array issued out by his Majesty in direct opposition to the Militia which the Houses by two severall Declarations have since Voted and manifested To be against the Law and Liberty of the Subjects And to prevent the arrivals of Foraine Forces and a civill warre in the bowâ—ls of the kingdom they first put the Tower of London by the Kings consent into a confiding hand trusted by either party then they secured Hull and the Magazine there after this when they were informed his Majesty had seised Newcastle and was raising an Army they possessed themselves of the Navy Portsmouth with other Ports and Forts and sequestred his Revenues the Nerves with which he should support this unnaturall civill warre which by degrees hath now overspread the whole kingdome and threatens inevitable desolation to it if not speedily determined by an honourable safe Accommodation This being the true State and progresse of the Militia the sole question will be Whether all the former circumstances of danger his Majesties refusall to settle the Militia Ports c. by an act in such trusty hands as both King and Parliament might confide in the Parliament by an Ordinance of both Houses onely without the King refusing to joyne with them and wilfully absenting himselfe from the Parliament might not in this case of necessity and extremity for their owne and the kingdomes safety lawfully settle and seise the premises for the present as they have done and whether this be a just ground for the King to begin or continue a desperate civill warre against his Subjects For my part I shall not undertake to justifie all passages on either side in the managing of this businesse it may be there have beene errors at least in both parties which to reconcile as neere as possible I shall premise such propositions on either hand as Neither can in justice deny On the Kings part it is irrefragable First That the Kings of England yea generally all Kings where ever have usually enjoyed the chiefe Ministeriall Ordering of the Militia in such sort as it hath beene setled by their Parliaments for the defence of the kingdome by Land and Sea against Foraine Enemies A Truth acknowledged not onely by Judge Crooke and Hutton in their Arguments against Ship-money but by the Parliament it selfe in their two Declarations against the Commission of Array the Scripture it selfe in sundry places together with Aristotle Polybius Cicero Iacobus Valdesius the Histories of all kingdomes attesting that the originall cause of erecting Kings was and one principall part of their Royall Office is to be their Kingdomes Generals in their Warres and fight their Battailes for them the Kings of Sparta and others yea the ancient Roman Emperours being nothing but their Generalls to manage their Warres and oft elected Emperours by the Roman Legions for their skill in Martiall affaires Secondly That it is not onely expedient but in some respects necessary that this chiefe ministeriall command of the Militia Forts and Navy should constantly continue in the Crowne unlesse it be in some speciall cases as when the King is an Infant or unable or unwilling to discharge this trust or intends to imploy this power against his Subjects to infringe their Liberties and erect a Tyranny instead of a Royalty over them And that it is not meete nor honourable to deprive his Majesty of this part of his Soveraignty as long as he shall faithfully discharge his trust herein but onely to recommend unto him such persons of trust and quality to manage the Militia Forts and Navy under him in these times of war and danger in whose fidelity the Parliament and whole kingdome may confide and so be freed from their just jealousies feares and dangers Thus farre the Houses have already condescended and upon these indifferent termes as they conceive them have oft profered to resigne up all the Ports Forts Ships Magazines and Ammunition they have seised on into his Majesties hands they never desiring nor intending to devest him of this his Soveraigne power over them On the Parliaments part it must necessarily be granted to them by the King First That the whole power which either his Majesty hath or claimes or his Predecessors enjoyed over the Militia Forts Navy Ammunition Revenues of the Crown was originally derived and granted to his Ancestors by the Parliaments and kingdomes free consents And that onely upon trust and confidence for their protâ—ction benefit security as the premises abundantly evidence Secondly that the King hath no other power over the Militia to Array Arme or Muster his Subjects in any case then onely in such manner as the Parliament by speciall Acts hath prescribed as Sir Edward Cooke in his Institutes on Magna Charta f. 528. 529. this Parliament in the two Declarations against the Commission of Array and Judge Crooke and Hutton in their Arguments against Ship-money have largely proved Thirdly That in ancient times in and before Edward the Confessors dayes and since the Heretoches or Lord Lieutenants of every Province and Country who had the chiefe power of the Militia and commanded them as their Generals in the Warres were elected by the Common Councell of the kingdome the Parliament throughout all Provinces of the Realme and in every County by the Freeholders in a full Folkmote or County Court as appeares by the expresse words of King Edwards owne Lawes Recorded in Mr. Lambard Recited and affirmed by Sir Edward Cooke in his Institutes on Magna Charta f. 174 175. Fourthly That the Sheriffe of every County who both then had and now hath full power to raise the Militia and Forces of the County upon any occasion to apprehend Delinquents execute Proces of the Law suppresse Riots and preserve the peace of the County were not elected by the King but by the Free-holders of each County as the Conservators of the Peace and all great Officers of trust then were and the Coroners Foresters and other Officers then and yet are elected by the Free-holders as well as Knights Citizens and Burgesses of Parliament even at this very day This is evident by the expresse words of King Edward the Confessors Lawes Cap. de Heretochiis Recorded by Mr. Lambard Archaion p. 135. and Sir Edward Cooke attesting that the Sheriffes of every County were chosen by the Freeholders in the County Court And by the Articles of deprivation against Richard the second charging this upon him as an illegall encroachment That he put out divers Sheriffes lawfully ELECTED to wit
to recede from his Oath whereupon they reseised these Castles for their safety About Midsommer the Barons drawing neare to London sent a Letter to the Mayor and Aldermen requiring to know of them Whether they would observe and maintaine the Statutes made at Oxford or not or aide and assist suâ—h persons as intended the breach of the same and sent unto them a Copy of the said Acts with a proviso that if there were any of them that should seeme to be hurtfull to the Realme or Commonweale of the same that they then by discreet persons of the land should be altered and amended Which Copy the Mayor bare unto the King then at the Tower of London with the Queene and other great persons Then the King intending to know the minde of the City asked the Mayor What he thought of those Acts who abashed with that question besought the King That he might commune with his Brethrâ—n the Aldermen and then he wâ—uld declare unto him both his and their opinions But the King said He would heare his advice without more Counsell Then the Mayor boldly said That before times he with his Brethren and commonalty of the City by his commandement were sworne to maintaine all Acts made to the honour of God to the faith of the King and profit of the Realme which Oath by his license and most gracious favour they intended to observe and keepe And moreover to avoid all occasions that might grow of grudge and variance betweene his Grace and the Barons in the City they would avoyd all aliens and strangers out of it as they soone after did if his Grace were so contented With which Answer the King seemed to bee pleased so that the Mayor with his favour departed and he and the Citizens sent answer to the Barons that they condescended to those acts binding themselves thereunto under the publike Seale of London their Liberties alwayes upholded and saved Then the Barons entred the City and shortly after the King with his Queene and other of his Counsaile returned to Westminster Anno 1264. the 48. of Henry the third the King made his peace with the Barons then in Armes upon these termes That ALL THE CASTLES OF THE KING throughout England should be delivered TO THE KEEPING OF THE BARONS the Provisions of Oxford be inviolably observed and all Strangers by â— certaine time avoyded the kingdome except such as by a generall consent should be held faithfull and profitable for the same Whereupon the Barons tooke possession of most of the Castles by agreement or violence where they found resistance as they did in many places And by the CONSENT of THE KING and BARONS Sir Hugh le Spenser was made Chiefe Justice and keeper of the Tower This done at London the Barons departed to Windsor to see the guiding of that Castle where they put out those aliens whom Sir Edward the Kings Sonne had before put in and put other Officers in their places spoyling them of such goods as they had Who complaining thereof to the King he put them off for that season After which they re-seised Dover Castle and made Richard de Gray a valiant and faithfull man Constable of it who searching all passengers that came thither very strictly found great store of Treasure which was to be secretly conveyed to the Poictovines which he seised and it was imployed by the Barons appointment upon the profitable uses of the Realme The yeare following the Commons of London chose Thomas Fitz-Thomas for their Mayor and without consent of the Aldermen sware him at the Guild-hall without presenting him the next day to the King or Barons of the Exchequer For which the King was grievously discontented and being advertised that the Citizens tooke part with the Barons caused his Sonne Edward to take the Castle of Winsor by a traine to which the King and Lords of his party repaired And the other Lords and Knights with great Forces drew towards London but by mediation of friends there was a peace concluded and the differences were referred to the French King and his PARLIAMENT as Andrew Favine records out of Rishanger to end Who giving expresse sentence that all the Acts of Oxenford should from thenceforth be utterly forborne and annulled The Barons discontented with this partiall sentence departed into the Marches of Wales where raising Forces they seised on many Townes and Castles of the Kings and Prince Edward going against them was sore distressed and almost taken Hereupon to end these differences a new Parliament was appointed at Oxford which tooke no effect Because when the King had yeelded the Statutes of Oxford should stand the Queene was as utterly against it whose opposition in this point being knowne to the Londoners the baser sort of people were so enraged that she being to shoot the Bridge from the Tower towards Winsor they with darts stones and villanous words forced her to returne After which the Lords sending a Letter to the King to beseech him not to beleeve the ill reports of some evill Counsellors about him touching their loyalty and honest intentions were answered with two Letters of defiance Upon which ensued the bloody battle of Lewis in Sussex in which the King and his Sonne with 25. Barons and Baronets were taken prisoners twenty thousand of the Commons slaine Richard King of Romans the Kings Brother was likewise taken prisoner in this Battle who a little before comming over into England with some Forces to ayde his Brother the Barons hearing thereof caused all the Ships and Gallies of the Cinqueports and other places to meet together armed to resist him by Sea and sent horse and foot to withstand him by Land if he arrived Which Richard having intelligence of disbanded his Forces and sent word to the Barons that he would take an Oath to observe the Articles and Statutes made at Oxenford whereupon he was permitted to land at Dover with a small Traine whither King Henry went to meeâ— him But the Barons would not suffer this King nor any of his Traine to enter into Dover Castle because he had not taken his Oath to observe the foresaid Statutes nor yet the King of England to goe into it for feare of surprisall because it was the principall Bulwarke of England the Barons then having both it and all the Cinqueports in their Custody to secure the kingdome from danger Neither would they permit King Richard to goe on towards London till he had taken the Oath forementioned After this battle all the prisoners were sent to severall prisons except the two Kings and Prince Edward whom the Barons brought with them to London where a new Grant was made by the King that the said Statutes shoâ—ld stand in strength and if any were thought unreasonable they to be amended by foure Noblemen of the Realme and if they could not agree then the Earle of Angiou and Duke of Burgoin to be Iudges of the matter And this to be firmely holden
suis depulsus Ducatu caruit c. sed posteà pacato populo Ducatum recepit Eigebantur enim interdum Provinciarum Duces AB IPSO POPULO In the Roman State the Senate and some times the people alone without their advise had power to appoint Lieutenants and Governours of Provinces whence the Senate commanded those Governours of Provinces whom the Emperour Maximinus had made to be displaced and others to be substituted in their roomes which was accordingly executed yea the Senate had power to dispose of the common Treasure and publike reventue one of the greatest points of Soveraingty And so we read in Scripture Iudges 11. 5. to 12. That when the children of Ammon made warre against Israel the Elders of Gilead went to fetch Iephthah out of the land of Tob. And they said unto Iephthah Come and be our Captaine that we may fight with the Children of Ammon c. Then Iephthah went with the Elders of Gilead and THE PEOPLE MADE HIM HEAD and CAPTAINE OVER THEM the Princes and people even under Kings themselves having the chiefe disposing power of the Militia and denouncing war as is evident by Iosh. 22. 11. to 32. Iudges 20. and 21. throughout 1 Sam. 14. 38. to 46. c. 29. 1. to 11. 2 Sam. 18. 2 3 4. c. 19. 1. to 9. Prov. 20. 18. c. 24. 6. compared together And for a close of all lest any should object that no late direct precedent can bee produced to prove the office of the Lord Admirall and custody of the Seas disposed by Parliament I shall conclude with one punctuall precedent of many In 24. H. 6. prima Pars Pat. ma. 16. The King grants to Iohn Duke of Exeter the OFFICE OF ADMIRALL OF ENGLAND IRELAND and AQUITAIN with this subscription Per breve de privato sigillo AVCTORITATE PARLIAMENTI the former Patent of this office made joyntly to him and his sonne by the King alone in the 14. yeare of his reigne being surrendred in the Parliament of 24. and a new one granted them by its direction and authority Yea most of the Admiralls Patents which anciently were not universall for all England but severall for such and such parts onely and commonly but annuall or triennuall at most as Sir Henry Spelman observes in his Glossary in the word Admirallus where you have an exact Kalender of all the Admiralls names with the dates of their severall Patents and Commissions are DE AVISAMENTO ET ASSENSU CONSILII which is almost as usually taken for the Kings great Counsell the Parliament as for his privy Counsell And if our Kings have constantly disposed of this Office by the advise or assent of their privy Counsell there is more reason and equitie they should doe it by the advise of their great Counsell of which his privy Counsell are but a part and by whom they have frequently beene elected as I shall plentifully manifest in the next objection Now whereas some pretend that the Parliaments seising and detaining of the Kings Castles Ports Ships Armes and Ammunition is High Treason within the Statute of 25 Ed. 3. c. 3. and a levying of warre against the King I answer first that the Parliament was never within the meaning nor letter of that or any other Act concerning Treasons as I have formerly proved the rather because the King is a member of it and so should commit Treason against himselfe which were absurd Secondly because both Houses are of greater authority then the King a member of them as they make one Court so cannot commit Treason against the lesse Thirdly the Parliament is a meere Corporation and Court of justice and so not capable of the guilt of Treason A Judge Maior or particular persons of a Corporation may be culpable of high Treason as private men but not a Court of justice or Corporation Fourthly by the very Statutes of 25 E. 3. and of 11 R. 2. c. 3. 21 R. 2. c. 12. 1 H. 4. c. 10. 21. R. 2. c. 3. the Parliament is the sole Judge of all new Treasons not within the very letter of that act and if any other case supposed Treason not there specified happens before any Iustices the Iustice shall tarry without any going to judgement of the Treason till the cause bee shewen and declared before the King and his Parliament whether it ought to be judged Treason And if the Parliament be the sole Judge of all Treasons it cannot be guilty of Treason for then it should be both Judge and Delinquent and if so no doubt it would ever acquit it selfe of such a crime as High Treason and never give judgement against it selfe And no Judge or person else can arraigne or judge it or the members of it because it is the highest soveraigne Court over which no other person or Court whatsoever hath any the least jurisdiction So that if it were capable of the guilt of Treason yet it could not be arraigned or judged for it having no superiour or adequate Tribunall to arraigne it Fiftly admit it might be guilty of High Treason in other cases yet it cannot be so in this For having a joynt interest with the King in the premises in the Kingdomes right the sole propriator of them it cannot doubtles be guilty of treachery much lesse of High Treason for taking the custody and possession onely of that which is their owne especially when they both seise and detaine it for its owne proper use the Kingdomes security and defence without any malicious or traytorous intention against King or kingdome Secondly I answer that the seising or detaining of these from the King are no Treason or levying of Warre within this Law as is most evident by the Statutes of 6. Ed. 6. c. 11. which expresly distinguisheth the seising and detaining of the Kings Forts Ammunition Ships from the levying warre against the King in his Realme and by an expresse new clause enacts this seising and detayning to be High Treason from that time because it was no Treason within 25. Ed. 3. before which if it had beene in truth this new clause had beene superfluous which law of King Edward being repealed by primo Mariae Rastal Treason 20. this offence then ceased to be Treason whereupon by a speciall act of Parliament in 14 Eliz. c. 1. it was made High Treason againe which had beene needlesse if it had beene a levying of warre or Treason within 25. Ed. 3. before And that with this proviso this Act to endure during the Queenes Majesties life that now is ONLY and so by this Parliaments resolution it is no Treason since her death within 25 Ed. 3 for then this proviso had beene idle and repugnant too And therefore being now no High Treason in any person cannot without much calumny and injury be reputed Treason in both the Houses of Parliament uncapable of High Treason as the premises demonstrate In briefe he that seised and detained the Forts and Ships
Oath to preserve his Peoples Liberties and Lawes of the Land inviolable have beene no sufficient security to his Subjects hitherto agâ—inst all the fore-mentioned grievances and illegall pressures his verball Protestations and Promises are like to prove worse assurance If solemne Oathes be most apparently violated what trust can there be to unswore words Secondly our Kings in former times as I have plentifully proved and infinite examples more declare seldome or never kept either Oathes or Promises made to their Subjects but have broken oath after oath agreement upon agreement with all verball legall ties reputing them onely lawfull policies to over-reach their people and effect their owne designes with greater advantage to themselves and prejudice to their Subjects And shall we dreame of a new world onely in this dissembling age when King-craft is improved to the utmost Thirdly we had his Majesties solemne Protestation in the Word of a King in thâ— 3 d yeare of his Raigne backed with Two Printed Declaraâ—â—ons then to all his Loving Subjects to maintaine the Petâ—tion of Right their Lawes Liberties Properties Religion in purity and perfection without the lâ—ast violation or any connivance aâ— or back-â—â—iding to Popery And what good warrants or securities these since proved to the Subjects to prâ—seâ—ve them from severall inundations of oppressions Taxâ—s grievances Innovâ—â—â—ons and relapses to Popery which have flowed in upon them ever since as if these 〈◊〉 bâ—ene â—o bankes to keepe them out but sluces onely to let them in the faster the premises manifest and we aâ—l experimentally feele this day And are the new Promises and Protestations thinke you better then the old or those made this Parliament more obligatory to the King or his evill Councellors then those made the two last Parliaments infringed in an high degree even to the imprisoning the searching of Peeres of Commons Pockets and studies against the Priviledges of Parliament within few houres after they were published in Print Are not the Subjects dayly taxed imprisoned plundered murthered the Priviledges of Parliament dayly infringed many wayes Protestants dis-armed Papists armed forraigne forces introduced Irish Rebels privately countenanced the greatest acts of hostility and cruelty exercised whiles treaties of peace are pretended the best Iustices removed in all Counties ill affected persons set up in their places illegall Commissions of Array executed justified the best Protestant Ministers people most robbed pillaged murthered banished every where Sheriffes illegally made Subjects even at Oxford where the king resides more inhumanely handled under his Majesties view than Gally-slaves in Turkiâ— and scarce one Declaration or Promise observed so much as the very day they are published notwithstanding so many multiplications of them in Print that people may the better take notice how they are broken if they be observant And shall the Parliament then take these so notoriously oft violated never yet observed Protestations for our Kingdomes onely substantiall security to put all into his Majesties hands forthwith before they see some reall performances and change of Councells Certainely if they be so much over-seene they are like to be so farre from mending our present condition that they shall but make it worse yea and betray themselves with all that trust them both for the present and posteritie But we have very good Lawes assented to by his Majestie this Parliament for our security too True but are they not spiders Webbs and already undermined in action or intention Doe they secure us in any kinde for the present and will they doe it for the future will time thinke you make them binding to the King if they oblige him not as soon as made Did the Petition of Right 3â— Caroli a most inviolable security as most then dreamed secure the Subjects in the least degree against any publike wrong so long as for one moneths space Was it not turned into a kinde of wrong as soon as made and ever since Nay were there not only sundry actions don but Iudgments too in the very greatest Courts of Iustice given against it yea against the very letter and unquestionable meaning of Magna Charta and other fundamentall Laws by corrupted or over awed timorous Iudges yea are not most good Acts made this Session for the Subjects benefit and all the Subjects Liberties at one stroke quite hewen downe and undermined by a pretence of Law it selfe in his Majesties * Answer to both the Houses Declaration concerning the Commission of Array Quid verba aâ—diam factâ— cùnvâ—deam The meanest Latinâ— Scholler knowes that verba dare signifies properly to deceive and Subjects have beene oft deceived even with Acts of Parliament Now that all may see how invalid assurances Lawes are to secure the Subjects Liberties though ratified with never so many confirmations oathes sâ—ales I shall give you â— or 3. ancient presidents The first is that of King Iohn who Anno 1214. confirmed Magna Charta the Charter of the Forrest and other Liberties with his hand sâ—ale oath proclamations the Popes Bâ—ll solemne excommunications against the infringerâ— of it denounced by all the Bishops in his presence by appointing 25. Baâ—ons who by oath were to see and force him and all others to observe it by seising on â—is Castles Lands goods and by resigning the custodie of his 4. chiefe Castles to â—he dispose of 25. Lords whom all other Lords and Commons were bound to assist yet in lesse than on halfe yeares space these strongest obligations are all cancelled these Gordians cut in sunder with the sword of warre and the Suâ—jâ—cts reduced to greater Vassellage than ever as the premises evidence So King Henry the 3 d by oath sundry times successively ratified these Charters the Subjects Liberties in Parliament which they oft dearely purchased with great Subsidâ—es And An. 1237 this King to gain a Subsidie of his Subjects in a Parliament then assembled at London denyeâ— that he ever intended to revoke the great Charter and other Liberties or laboured with the Pope to dâ—e it with which the Barons truely charged him and that if any such thing had beene casually suggested to him he did utterly nâ—ll and revoke it and because he seemed not altogether free from the sentence of excommunication which Steâ—en the Arch-bishop with all the other Bishops of England had denounced against all the infringers of the great Charter which he through ill Councell had in part infringed he commanded them all in publike to renew the said sentence against all contradictors of the sayd Charter so that if he himselfe through any conceived rancor had not peradventure observed it he might more grievously relapse into the said denounced sentence By which meanes and speech he wonderfully reconciled to him the hearts of all that heard of these things and suddenly causeth the Earles Warren and Ferrers and Iohn Fitz-Ieffry by the Parliaments appointment to be sworne his Councellors giving them this Oath That by no meanes neither for rewards nor any other cause
liberties therein conteined should be faithfully observed you have not kept but without regard to honour or conscience broken Therefore are you found to be a manifest violater of your faith and Oath Where are the liberties of England so often fairely ingrossed so often granted so often bought I though a woman and with me all the naturall and loyall people of the land appeale you to the Tribunall of that high Iudge above and heaven and earth shall be our witnesse that you have most unjustly dealt with us and the Lord God of revenge avenge and right us The King distrubed at these words asked her If she expected not to obtaine her suite upon favour seeing she was his kinswoman Whereunto she answered How shall I hope for grace when you deny me right Therefore I appeale before the face of Christ against those Councellours also of yours who gaping onely after their own gaine have bewitched and infatuated you I wish none had cause at this very season to make the like appeales As boldly though in fewer words is he reproved by the Master of the Hospitall of Hierusalem in Clarken-well who comming to complaine of an injury committed against their Charter the King told him The Prelates and especially the Templets and Hospitalers had so many Liberties and Charters that their riches made them proud and their pride mad and that those things which were unadvisedly granted were with much discretion to be revoked alleaging that the Pope had 〈◊〉 recalled his owne grants with the clause Non obstante and why should not he cashiere those Charters inconsiderately granted by him and his Predecessors What say your Sir sayd the Prior God forbid so ill a word should proceed out of your mouth so long as you observe justice you may be a King as soone as you violate the same you shall cease to be a King To which the King inconsiderately replied O what meanes this you Englishmen will you cast me downe from the Kingdome as you did my Father and kill me being praecipitated I could instance in diverse like violations of Magâ—a Charta and other good Lawes immediately after their making and ratification with solemnest Oathes and excommunications both in King Eâ—ward the 1. and 2. and Richard the seconds raignes which because elsewhere lightly touched I shall pretermit concluding onely with one president more in one of our best and justest Princes raignes King Edward the third in whose reigne even then when by speciall Acts there was not onely a trieniall Parliament but an annual to be held and sometimes 4. or 5. Parliamentsheld every yeare and Magna Charta usually first confirmed by a new Law in every one of them yet we shall finde not onely frequent complaints of the breaches of it but many new Lawes one after another enacted to prevent and punish the violations of it and yet all to little purpose as those Acts declare and our late yea present times attest and which is very observable when King Edward the 3 d in the first Parliament in the 15. yeare of his Raigne had ordained and established divers good Statutes which he willed and granted FOR HIM HIS HEIRES that they should be FIRMELY KEPT HOLDEN FOR EVER for the ratification of Magna Charta and better observing other good Lawes and enacted That the Chauncellour Treasurer Barons of the Exchequor Iudges and all other great Officers of the Kingdome should then for the present in Parliament and for ever after take a solemne Oath before their admission to their Offices to keepe and maintaine the points of the great Charter and the Charter of the Forrest and all other Statutes without breaking any one point No sooner was that Parliament dissolved but the very same yeare he publikely revoked those Statutes pretending That they were contrary to the Lawes and Customes of the Realme and to his Prerogatives and Rights Royall all which he by his Oath was bound to mâ—intaâ—ne Wherefore willing providently to revoke such things which he so improvidently had done Because saith he marke the dissimulation of Princes even in Parliaments We nevâ—r realy consented to the making of such Statutes but as then it beloved Vs WEE DISSEMBLED IN THE PREMISES by Protestations of râ—vocations if indeed they should proceed to secure the Dangers which By the Denying of the same we feared to come for as much as the said Parliament otherwise had beene without any expâ—dition in discord dissolved and so our earnest busiâ—sse had likely beeâ—e which God prâ—ohibit iâ—ruine And the said pretensed Statute we promised then to be sealed But sithence the Statute did not of our owne free will proceed it seemed to the Eaâ—â—s Barons and other wise men with whâ—m wee have treated thereupon 〈…〉 should be voide and ought not to have the Name nor Strength of a Statute And therefoâ—e by their Counsell and Assâ—nâ— We have Decreed the said Statute to be void and the same in as much as it proceeded of deed we have brought to be anulled And the same we doe onely to the conservation and redintegration of the Rights of our Crowne as wâ— be bound and not that 〈◊〉 should in any wise aggravate or oppresse our Subjects whom wee desire to rule by lenity and gentlenesse And thus his Sâ—ablishing of these Laweâ— for Him and his Heires firmely to be holden and kept for ever was turned into an estate at will determined as soone as granted By which pretence of Dissimulation of a consent to Acts yet no free but sained onely to accomplish his owne ends and of preserving and redintegrating the Rights of the Crowne how easily may any King and how oft have many Kings actually though not Legally invallid and â—ullifie all Acts they have passed for the Subjects benefit as soone as they are made by Parliaments What weake assurances then are Lawes alone to binde Princes hands or secure Subjects Liberties let all wise men judge If then the ignorant vulgar will be deceived with these specious fruitlesse Protestations and the bare grant only of some good Laws already highly violated withâ—out any apparent intention to observe them yet most presume the great Counsell of the Kingdome which in so many printed Declarations hath informed the Subiecâ—â— of the premises to make them cautious and vigilant against all such circumventions wil not be so easily over-reached and find better assurances before they trust too 〈◊〉 Fourthly admit say some His Majesties Protestations and Promises upon tâ—â— hoped accommodation should be reall w ch the sending abroad of his Forces West South North at this very instant of Treating makes most doubt yet the sway of ill Counsellors about him more prevalent with more trusted by him at this present then his grandest Counsell the Parliament the Potencie of the Queene the great merits of her Grace Papists who will not be more modest with the King then they are with God himselfe in challenging rewards ex debito for service done unto him 〈…〉
Parliament dare trust one the other alone with the premises and it is neither Royall nor Honourable as many beleev for the King to trust the Parliament now alone with these who in their Declarations never desired but professed the contrary that the chiefest command of the Militia when indifferent Officers were appointed should still reside in his Majesty in as ample manner as before there is no other equall honourable just impartiall probable way left to secure or accord both parties in this particular but onely to commit the premises for a convenient time to the custody of such trusty persons nominated by the Parliament to the King or by the King to the Parliament as both sides ioyntly shall allow of and by a speciall Bill to prescribe them such an Oath as shall oblige them to keep and imploy them onely for the ioynt use of King Kingdome and Parliament by the joynt direction of King and Parliament and not by the single warrant or command of either of them whiles this Parliament continues Vnder paine of High Treason both against the King and Kingdome I shall close up this obiection with the words of Seneca Securitas securitate mutua paciscenda est Errat enim si quis existimet tutum esse Regem vbi nihil a regâ— tutum est Vnum est inexpugnabile munimentum Amor Ciuium which the King shall then be sure of when he takes up this resolution Non rempublicam suam esse sed se Reipublicae and shall really trust the Kingdome and Parliament as much as farre forth as he expects or desires they should trust him The Parliaments Right to Elect Privie Counsellours Great Officers and Iudges THe third grand Complaint of the King and Royalists against this Parliament is That they take upon them a power to recommend and nominate to the King his Privie Counsellours Iudges with other great Officers of State demanding that none of them may hereafter especially during Parliaments be ordained by his Majesty but by their Nomination or advice A great affront an intollerable encroachment on the Prerogative Royall as is pretended The lowd clamour against the Parliament if seriously examined will speedily vanish into nothing For first it is already cleared and Fortescue so resolves That Kings themselves the highest Officers and Justiciaries in their Kingdomes were both created and elected at first by the free generall votes of their people from whom alone they received all their Royall Authority having still no other nor greater lawfull power then they conferred on them onely for the defence of their Laws Persons Liberties Estates and the Republicks welfare which they may regulate augment or diminish for the Common good as they see just cause Therefore doubtlesse the people who thus created and elected their Kings at first did likewise constitute and elect all publike Councellours Officers Judges Ministers of the State giving both being and bounds to their severall Offices and Iurisdictions by publike Lawes which is most apparent not only in the Roman Lacedemonian and other Kingdomes but our own too by infinite Acts of Parliament creating regulating and limiting the power Charters Pattents Graunts and proceedings not onely of our Kings but of their Counsellours Chancellous Treasurers Keepers of the Great Seale and privie Seale high Stewards Admiralls Marshalls Masters of the Horse Presidents of the Marches and of York Masters and other Officers of the Court of Wards Iudges and Iustices of all Courts all kinds Sherifs Coroners Customers Searchers Escheators and all other Temporall or Ecclesiasticall publick Officers the right of whose elections remaining originally in the Kingdome and Parliament representing it was never yet irrevocably or totally transferred by them to the King by any publike acts that I have seene and therefore when they see just cause they may make use of this their primitive inherent right of Election without any reall incroachment on the Kings Prerogative Secondly I have already proved that the Heretochs Lieutenants Generall and Sherifs as likewise the Conservators of the Peace in every County through the Realme were anciently elected onely by the Parliament and People not the King though they had the custody power Command of the whole Countey without any impeachment to the Prerogative Royall why then may not these other publike Officers of the Estate be thus nominated and chosen by the Parliament likewise without any just exception or offence Thirdly All Coroners Majors Sherifs Baylifs Aldermen Recorders of London Yorke Bristoll and generally of all Cities Townes and Burroughs throughout the Kingdome which have the chiefe Government of these Corporations Verderers of the Forrest Constables and other Officers have ever anciently and are still at this day elected onely by the People not the King Yea all Arch-bishops Bishops Abbots Priors with other Ecclesiasticall Officers who were formerly Peers and Members of the Parliament and Rulers in the Church were anciently chosen not by the King himselfe but onely by the Clergie and people as sundry Presidents and Statutes manifest and the Conge de'sliers at this day for the Election of new Bishops more then intimate and all this without the least violation of the Kings Prerogative why then may not the Parliament nominate all those publike Officers to the King by Parallell Reason without Ecclipsing his Prerogative Fourthly The Knights Citizens and Burgesses of the Kings and Kingdomes greatest Court and Councell the Parliament the supreamest Counsellors and Iudges of all others to whom all other Courts Counsellors Officers Iudges are responsible for their actions Iudgements advice have alwayes of right beene and yet are elected onely by the Free-holders and Commons of the Realme yea all the members of the Lords house though summoned thither by the Kings Writ and not elected sit there of right not of grace or the Kings free choyse by the fundamentall Lawes and Constitutions of the Realme neither can the King by his absolute Prerogative elect any members of the Commons House or exclude any member of it or Peere of the Vpper House who by vertue of his Peerage ought to sit there without the Houses consents for then if he might elect or exclude one he might likewise choose and seclude more yea most of them by like reason at his pleasure and so subvert the subjects Priviledges and by a Packed Parliament impose what Lawes or Taxes he would on his people to their slavery and ruine Which freedome of the subjects Election and all Lords Summons is so essentiall and necessary to Parliaments that the Parliaments of 21 R. 2. at Westminster and of 38 H. 6. at Coventry were by the Parliaments of 1 H. 4. c. 3 4. Nâ— 21 22. and 39 H. 6. c. 1. adjudged and declared to be void and no Parliaments at all but unlawfull yea devillish Assemblies and Ordinances for this very Reason because in the first of them the Knights were not duly elected by the Commons according to Law
of the Kings just Prerogative transcends my understanding to conceive Finally our own Parliaments in most Kings Reignes have both claimed and enjoyed this power of Electing Privie Counsellours Chancellours Treasurers Judges and other great Officers of State and created some new Officers of far higher quality and power to governe both King and Kingdome then any the Parliament desires 〈◊〉 are in truth fitting for them to create unlesse in cases of absolute necessity to prevent the Kingdomes utter ruâ—ne To give you some few principall instances of many In the Yeare 1214. the 16 Yeare of King Iohns raigne In a Parliament held at â—â—â—ning-Meade neare Windsor for the setling and securing of Magna Charta and other the Subjects Lawes and Liberties formerly granted by Henry the 1. it was agreed by King Iohn and Enacted That there should be 25 Barons Chosen such as the Lords would who should to their uttermost power cause the same to be held and observed And that if either the King or his Iusticiar should transgresse in any Article of the Lawes and the offences shewed 4 Barons of the 25. should come to the King or in his absence out of the Kingdome to the chiefe Iusticiar and declare the excesse requiring without delay redresse for the same which if not made within 40. dayes after such declaration those 4 Barons should referre the cause to the rest of the 25 who with the Commons of the Land might distraine and inforce the King by all meanes they could by seising upon his Castles Lands and Pessessions or other goods his Person excepted and that of his Queene and Câ—ildren till amends be made according to their Arbitration And that whosoever would should take their Oath for the execution hereof and obey the Commandement of the 25. Barons herein without prohibition And if any of them dissented or could not assemble The Major part to have the same power of proceeding Hereupon there are 25. Barons chosen to bâ— Conservators of Magna Charta and the Subjects Priviledges whose Names you may reade in Matthew Paris who by the Kings Consent tooke an Oath upon their soules that they would keepe these Charters with all diligence and Compell the King if he should chance to repent as he did soone after to observe them Which done all the rest of the Lords then likewise tooke another Oath to assist and obey the Commands of those five and twenty Barons In the Yeare 1221. Hugh de Burgh was made the Protector or Guardian of the Realme by a Parliament held at Oxford In the Yeare 1222. I reade in Matthew Paris and others that Ralph Nevill Bishop of Chichister was made Keeper of the Great Seale and Chancellour of England by assent of the whole Kingdome in Parliament to wit in such sort Vt non deponeretur ab ejusdem sigilli custodia NISI TOTIVS REGNI ORDINANTE CONSENSâ—V CONSILIO That he should not be deposed from the custody of the said Seale but BY THE ORDINANCE CONSENT and COVNSELL OF THE WHOLE REALME Loe here the greatest Officer of the Realme not onely elected but confirmed by Parliament so as not to be displaced but by the consent of the whole Realme whose publike Officeâ— he was Hereupon King Henry afterward taking some distaste against Ralfe because the Monkes of Winchester elected him Bishop of that Sea against his good liking tooke away the Seale from him and delivered it to Geffery of the Temple in the 22â— Yeare of his Reigne but yet he held his Chancellours place still and tooke the profits of it during all his life though he refused to take the Seale againe when the King offered to restore it him the 23. of his Reigne Quod per Consilium praedicto Cancellario commissum fuit TOTIVS REGNI After which he being restored to the Seale by the Parliament An. 1236. this King removed Ralph the Steward of his Houshold with certaine other his Counsellours and great Officers of his House from his Counsell and their Offices and he likewise most instantly required his Seale from this Bishop of Chichester his Chancellour who executed his Office unblameably being a Pillar of Truth in the Court But the Chancellour refused to deliver it seeing the violence of the King to exceed the bounds of Modesty and said That hee could by 〈◊〉 meanes doe it Cum illud COMMVNI CONSILIO REGNI SVSCEPISSET since he had received it by the common Counsell of the Kingdome wherefore he could not resigne it to any one WITHOVT THE COMMON COVNSELL OF THE REALME to wit the Parliament Anno Dom. 1237. King Henry the third sommoning a Parliament at London because it seemed somewhat hard to sequester all his present Counsell from him sodenly as reprobate it was concluded that the Earle Warran William de Ferarijs and John Fitz Geofrey should be added to his Privie Counsell whom the King caused to sweare That by no meanes neither through gifts nor any other manner they should deviate from the way of truth but should give good and wholesome councell both to the King himselfe and the Kingdome Whereupon they granted him a Subsidie of the thirtieth part of their goods upon condition that from thenceforth and ever after forsaking the Counsell of strangers and all unnaturall ones qui semper sui non Regni amici esse consueverunt Regni bona distrahere non adunare he should adhere to the counsell of his faithfull and naturall subjects Et sic soluto consilio non sine interiori murmuratione multa concepta indignatione â—o quod cum difficultate tanta Regis animum ad salubre consilium contorquerent consilijs eorum a quibus omnem honorem terrenum habet obsecundarent ad propria quisqueremeavit But this prefidious King Regni delapidator as the Barons and Historians stile him contrary to his solemne Oath and promise would not be weaned from his evill Counsellours but retained them still till by force of Armes they were removed and banished In the Yeare 1244. the 28 of Henry the third his Reigne the Bishop of Chichester that faithfull Stout Chancellour made by Parliament dying and the place continuing void for a space in a Parliament at London the Lords and Commons complained That for defect of a Chancellour divers Writs were granted against Iustice and they demanded that by THEIR ELECTION a Iusticiar and Chancellour might be made by whom the state of the Kingdome might be setled AS IT WAS ACCVSTOMED The King promised to reforme all things himselfe least he might seeme thereto compelled by them which they gave him a convenient time to effect and so adjourned promising to give him an aide at their next meeting if in the meane time he redressed things amisse according to promise Which he failing to doe At their next meeting They demanded Magna Charta to be confirmed which they had divers times dearely purchased and a new Charter to be made for that purpose That
all the infringers thereof should be solemnly Excommunicated by the Bishops And because the King had not hitherto observed the great Charter notwithstanding his Oathes and promises and Saint Edmonds Excommunication against him by infringing it least the like danger should happen in after times and so the last errour be worse then the first BY COMMON ASSENT they elected 4 of the most Pâ—lâ—tick discreetest men of all the Realme Who should be of the Kings Counsell and sweare that they would faithfully mannage the affaires of the King and Kingdome and would administâ—r Iustice to all men without respect of persons That these should alwayes follow the King and if not all yet two at the least should be present with him to heare every mans complaint and speedily releeve such as suffered wrong That the Kings Treasury should be issued by their view and testimony and that the money specially granted by all should be expended for the benefit of the King and Kingdome in such sort as should seeme best and most profitable And that these shall be Conservators of their Liberties And that as they Are Chosen by the assent of all so likewise not any of them should be removed or deprived of his Office without Common assent That one of them being taken away by the election and assent of the three another should be substituted within two Moneths Neither without them but when there shall be necessity and at their Election may all meet againe That the Writs impetrated against the Law and Custome of the Realme should be utterly revoked and cancelled That Sentence should be given against the Contradictors That they should oblige one another to excute all this by a mutuall Oath That the Justiciar and Chancellour should be chosen by the generall Voices of all the States assembled and because they ought to be frequently with the King may be of the number of the Conservators And if the King by any intervenient occasion shall take away his Seale from the Chancellour whatsoever shall be sealed in the interim shall be reputed void and frustrate till restitution of it be made to the Chancellour That none be substituted Chancellour or Iusticiar but by the universall assembly and free assent of all That Two Iustices may be chosen of the Bench Two Barons of the Exchequer ordained And at least One Iustice of the Iewes deputed That at this turne All the said Officers should be Made and Constituted by the Common Universall and Free Election of All That like as they were to â—andle the Businesses of All Sic etiam in eorum Electionem concurrat assensus singulorum So likewise For their Election the Assent of all should Concur And afterwards when there shall be need to substitute another in any of the foresaid Places this Substitution shall be made by the Provision and Authority of the Foure Counsellours aforesaid That those hitherto suspected and lesse necessary should be removed from the Kings side But whiles these businesses over-profitable to the Common-wealth had beene diligently handled by the Lords for three weekes space the enemy of man-kind the disturber of peace the raiser of sedition the devill as Matthew Paris writes unhappily hindered all these things by the Popes avarice through the coming of Martin a new Legate with a larger power then any ever had before to exact upon the State the interposition of which businesse in Parliament where it received a peremptory repulse tooke up so much time that the former could not be fully concluded during that Parliament Whereupon after this in the Yeare 1248. King Henry calling a generall Parliament at London to take an effectuall course for the setling of the distractions and grievances of the Realme and therein demanding an ayde he was grievously reprehended for this That he was not ashamed then to demand such an ayde especially because when he last before demanded such an exaction to which the Nobles in England would hardly assent he granted by his Charter that he would no more doe such an injury and grievance to his Nobles they likewise blamed him for his profuse liberality to forraigners on whom he wasted his Treasure for marrying the Nobles of the Land against their wills to strangers of base birth for his base extortions on all sorts of people his detaining the Lands of Bishops and Abbots long in his hands during vacancies contrary to his Coronation Oath c. But the King was especially grievously blamed by all and every one who complained not a little for that LIKE AS HIS MAGNIFICENT PREDECESSORS KINGS HAVE HAD Iusticiarium nec Cancellarium haâ—et nec Thesaurarium PER COMMVNE CONSILIVM REGNI prout deceret expediret hee had neither a Chiefe Iustice nor Chancellour nor Treasurer made by the Common Councell of the Kingdome as it was fitting and expedient but such who followed his pleasure whatsoever it was so it were gainefull to him and such as sought not the promotion of the Common-wealth but their own by collecting Money and procuring Wardships and Rents first of all to themselves A cleare evidence that these Officers of the Kingdome were usually of right created by the Parliament in this Kings and his Ancestors times When the King heard this he blushed being confounded in himselfe knowing all these things to be most true he promised therefore most truely and certainely that hee would gladly reforme all these things hoping by such a humiliation though fained more readily to incline the hearts of all to his request To whom taking counsell together and having beene oft ensnared by such promises they all gave this answer This wil be seene and in a short time it will manifestly appeare to all men therefore we will yet patiently expect and as the King will carry himselfe toward us so we will obey him in all things Whereupon all things were put of and adjourned till 15 dayes after Saint Iohn Baptists feast But the King in the meane time obdurated either by his owne spirit or by his Courtiers who would not have his power weakned and being more exasperated against his people regarded not to make the least reformation in the foresaid excessâ—s according as he had promised to his liege people but instead thereof when all the Nobles and Parliament met againe at the day prefixed firmely beleeving that the King according to promise would reforme his errours and follow wholesome counsels gave them this displeasing answer by his ill Councellours from whom his Majesties evill advisers lately borrowed it You would all Ye Primates of England very uncivilly bind your Lord the King to your will and impose on him an over-servile condition whiles you would impudently deny to him that which is lawfull to every one of your selves Verily it is lawfull to every one to use whose and what councell he listeth Moreover it is lawfull to every housholder to preferre to put by or depose from this or that Office any of his Houshold which yet you rashly presume to
deliver up the Seale and Iustices Roles unto him who answered that they could by no meanes doe it without the Barons consent and pleasure concurring with the Kings with which answer the King being moved presently without consulting with the Baronage made Walter Merton Chancellour and the Lord Philip Basset Chiefe Justice to him and the Kingdom removing those the Barons had appointed from those and other places Which the Barons hearing of considering that this was contrary to them and their provisions and fearing least if the King should thus presume he would utterly subvert the Statutes of Oxford thereupon they poasted to the King guarded with Armes and power and charged him with the breach of his Oath forcing him at last to come to an agreement with them which the King soone violating the Barons and he raised great Forces met and fought a bloody battle at Lewes in Sussex where after the losse of 20000. men the King and his Son Prince Edward with sundry Lords of his party were taken and brought Prisoners to London where all the Prelates Earles and Barons meeting in Parliament Anno 1265 as Mathew Westminster computes it made new Ordinances for the Government of the Realme appointing among other things that two Earles and one Bishop elected by the Commons should chuse 9. other Persons of which three should still assist the King and by thâ— Counsell of those three and the other nine all things should be ordered as well in the Kings House as in the Kingdome and that the King should have no power at all to doe any thing without their Counsell and assent or at least without the advice of three of them To which Articles the King by reason of menaces to him to elect another King and Prince Edward for feare of perpetuall Imprisonment if they consented not were enforced to assent all the Bishops Earles and Barons consenting to them and setting their Seales to the Instrument wherein these Articles were conteined After which the Earle of Leicester and his two Sons being three of the twelve devided all the Kings Castles and strong holds betweene them and bestowed all the chiefe Offices in the Kings House upon his Capitall enemies which indiscreete disloyall carriage of theirs much offended not only the King and Prince but the Earle of Glocester and other of the Barons so that they fell off from the Earle to the King and Prince and in a battell at Eusham slew the Earle and most of his Partisans after which victory the King calling a Parliament at Winchester utterly repealed and vacated those former Ordinances which had they only demaunded the Nomination of great Officers Counsellours and Judges to the King and not entrenched so far upon his Prerogative as to wrest all his Royall power out of his hands not only over his Kingdom but houshold too I doubt not but they had beene willingly condiscended to by the King and Prince as reasonable and not have occasioned such bloody wars to repeale them by force In K. Edward the second his Reigne the Lords and Commons by an Ordinance of Parliament having banished out of Court and Kingdome Pier Gaveston his viâ—ious favourite and pernicious grand Counsellour in a Parliament held at Warwick nominated and constituted Hugh Spenser the Sonne to be the Kings Chamberlaine and in that Parliament further enacted that certaine Prelates and other Grandees of the Realme should remaine neare the King by turnes at set seasons of the Yeare to counsell the King better without whom no great businesse ought to be done challenging writes Speed by sundry Ordinances madâ— by them in Parliament not onely a power to reforme the Kings House and Councell and TO PLACE AND DISPLACE ALL GREAT OFFICERS AT THEIR PLEASVRE but even a joynt interest in the Regiment of the Kingdome After which the Spensers engrossing the sole Regiment of the King and Kingdome to themselves and excluding those Lords from the King appointed by the Parliament to advise him not suffering the King so much as to speake with them but in their presence they were for this and other offences banished the Land by Act of Parliament This King towards the end of his raigne after the Queenes arrivall with her Army obscuring himselfe and not appearing by advise and consent of the Lords the Duke of Aquitaine was made High Keeper of England and they as to the Custos of the same did sweare him fealty and by them Robert Baldocke Lord Chancellour was removed the Bishop of Norwich made Chancellour of the Realme and the Bishop of Winchester Lord Treasurer without the Kings assent In the 15 Yeare of K. Edward the 3d. chap. 3 4. there was this excellent Law enacted Because the points of the great Charter be blemished in divers manners and lesse well holden then they ought to be to the great perill and slaunder of the King and dammage of the people especially in as much as Clerkes Peeres of the Land and other freemen be arrested and imprisoned and outed of their goods and Cattels which were not appealed nor indighted nor suite of the party against them affirmed It is accorded and assented that henceforth such things shall not be done And if any Minister of the Kings or other person of what condition he be doe or come against any part of the great Charter or other Statutes or the Laws of the Land he shall answer to the Parliament as well as the suite of the King as at the suite of the party where no remedy nor punishment was ordained before this time as farre forth WHERE IT WAS DONE BY COMMISSION OF THE KING as of his owne Authority notwithstanding the Ordinance made before this time at Northampton which by assent of the King the Prelates Earles and Barons and the Commonalty of the Land in this present Parliament is repealed and utterly disanulled And that the Chancellour Treasurer Barons and Chancellour of the Eschequer the Iustices of the one Bench and of the other Iustices assigned in the County Steward and Chamberlaine of the Kings house Keeper of the Privie Seale Treasurer of the Wardrobe Controuler and they that be chiefe deputed to abide nigh the Kings Sonne Duke of Cornewall shall be now sworne in this Parliament and so from henceforth at all times that they shall be put in Office to keepe and maintaine the Priviledges and Franchises of holy Church and the points of the great Charter and the Charter of the Forrest and all other Statutes without breaking any point Item It is assented that if ANY THE OFFICERS AFORESAID or chiefe Clerke to the Common Bench or the Kings Bench by death or other cause be out of his Office that our Soveraigne Lord the King BY THE ACCORD OF HIS GREAT MEN which shall be found most nighest in the County which hee shall take towards him and by good Councell which he shall have about him shall put another convenient into the said Office which shall be sworne after the forme aforesaid And
and Silver Money he pleased Nobili aâ—dâ—â—tiam personas ignobiles Senescallos Iudices Capitaâ—cos Consules 〈…〉 Procâ—ratores Recepâ—ores quoscunque Officiarios alios creandi 〈…〉 ponendi in singulis locis Ducatus praedicti quandâ— opus erit inflitutos 〈…〉 Officiarios autedictos amovendi loco amotorum alios subrogandi c. Heere ◠〈…〉 the Title hoâ—â—ur of a Duke and Dukedome in France given by the 〈◊〉 of England as King of France by assent and authority of a Parliament in 〈…〉 Captaines and all other Officers within that Dukedome In the Parliament Rolls of 1. H. 4. num 106. The Commons Petitioned the King that for the safety of himselfe as likewise for the safety of all his Realmâ— and of his Lieges BY ADVISE OF HIS SAGE COVNSELL hâ—e would ordaine SVRE or trusty and SVFFICIENT CAPTAINES and GARDIANS OF HIS CASTLES and FORTRESSES as well in Englaâ—d as in Wales to prevent all perills The very Petition in effect that this Parliament tendered to his Majestie touching the Militia To which the King readily gave this answer Le Roy le voet The King wills it In the same Rol. Num. 97. The Commons likewise petitioned That the Lords Spirituall and Temporall shall not be received in time to come for to excuse them to say That they durst not to doe nor speake the Law nor what they thought for DOVBT of death or that they are not free of themselves because they are more bound under PAINE OF TREASON to keepe their Oath then to feare death or any foâ—feiture To which the King gave this answer The King holds all his Lords and Iustices for good sufficient and loyall and that they will not give him other Counsell or Advise but such as shall be Honest Iust and Profitable for him and the Realme And if any will complaine of them in speciall for the time to come of the contrary the King will reforme and amend it Whereupon we finde they did afterwards complaine accordingly and got new Privie Counsellors chosen and approved in Parliament in the 11 th Yeare of this Kings Raigne as we shall see anone And in the same Parliament Num. 108. I finde this memorable Record to prove the King inferiour to and not above his Laws to alter or infringe them Item Whereas at the request of Richard laâ—e King of England in a Parliament held at Winchester the Commons of the said Parliamâ—nt granted to him that he should be in as good libertie as his Progenitors before him were by which grant the said King woulâ— say that he might turne or change the Lawes at his pleasure and caused them to be changed AGAINST HIS OATH as is openly known in divers cases And now in this present Parliament the Commons thereof of their good assent and free will confidâ—ng in the Nobility high discretion and gracious government of the King our Lord have granted to him That they will He should be in as great Royall Liberty as his noble Progenitors were before him Whereupon our said Lord of his Royall grace AND TENDER CONSCIENCE hath granted in full Parliament That it is not at all his intent nor will to change the Lawes Statutes nor good usagâ—s nor to to take other advantage by the said graunt but for to keepe the Ancient Lawes and Statutes ordained and used in the time of his Noble Progenitors AND TO DOE RIGHT TO ALL PEOPLE IN MERCY AND TRVTH ACCORDING TO HIS OATH which he thus ratified with his Royall assent Le Roy le voet By which Record it is evident First that the Kings Royall Authority and Prerogative is derived to him and may be enlarged or abridged by the Commons and Houses of Parliament as they see just cause Secondly that King Richard the second and Henry the fourth tooke and received the free use and Libertie of their Prerogatives from the grant of the Commons in Parliament and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice Thirdly That the King by his Prerogative when it is most free by his Subjects grant in Parliament hath yet no right nor power by vertue thereof to change or alter any Law or Statute or to doe any thing at all against Law or the Subjects Rights and Priviledges enjoyed in the Raignâ—â— of ancient Kings Therefore no power at all to deprive the Parliament it selfe of this their ancient undubitable oft-enjoyed Right and Priviledge to elect Lord Chancellors Treasurers Privie Seales Chiefe Iustices Privie Counsellors Lord Lieutenants of Counties Captaines of Castles and Fortresses Sheriffes and other publike Officers when they see just cause to make use of this their right and interest for their owne and the Kingdomes safety as now they doe and have as much reason to doe as any their Predecessors had in any age When they behold so many Papists Malignants up in Armes both in England and Ireland to ruine Parliaments Religion Lawes Liberties and make both them and their Posterities meere slaves and vassalls to Forraigne and Domesticke Enemies In the 11. yeare of King Henry the 4 th Rot. Parl. numâ— 14. Art c. 1. The Commons in Parliament petitioned this King First That it would please the King to ordaine and assigne in this Parliament the most valiant sage and discretest Lords Spirituall and Temporall of His Realme TO BE OF HIS COVNSELL in aide and supportation of the Good and substantiall Government and for the weale of the King and of the Realme and the said Lords of the Counsell and the Iustices of the King should be openly sworne in that present Parliament to acquit themselves well and loyally in their counsels and actions for the weale of the King and of the Realme in all points without doing favour to any maner of person for affection or affinity And that it would please our Lord the King in presence of all the Estates in Parliament to command the said Lords and Iustices upon the Faith and Allegiance they owe unto him to doe full Iustice and equall right to every one without delay as well as they may without or notwithstanding any command or charge of any person to the contrary To which the King gave this answer Le Roy le Voet After which the second day of May the Commons came before the King and Lords in Parliament and there prayed to have connusance of the names of the Lords which shall be of the Kings continuall Counsell to execute the good Constitutions and Ordinances made that Parliament To which the King answered that some of the Lords he had chosen and nominated to be of his said Counsell had excused themselves for divers reasonable causes for which he held them well excused and as to the other Lords whom hee had ordained to be of his said Counsell Their Names were these Mounsier the Prince the Bishop of Wâ—nchester the Bishop of Duresme the Bishop of Bath the Earle of Arundâ—â— the Earle of Westmerland and
the Lord Burnell And here upon the Prince in his owne name and of the other forementioned Lords prayed to be excused in case they could not finde sufficient to support their necessary charges And that notwithstanstanding any charge by them accepted in this Parliament that they may be discharged in the end of the Parliament in case nothing shall be granted to support their foresaid charges And because the said Prince should not be sworne by reason of the highnesse and excellency of his Honourable Person the other Lords and Officers were sworne and swore upon the condition aforesaid to goâ—erne and acquit themselves in their counsell well and faithfully according to the tenour of the first Article delivered among others by the said Commons and likewise the Iustices of the one Bench and other were sworne and tooke an Oath to keepe the Lawes and doe Iustice and equall right according to the purport of the said first Article And on the 9. of May being the last day of the Parliament The Commons came before the King and the Lords and then the Speaâ—er in the name of the said commons prayed the King to have full conusance of the names of the Lords of his Counsell and because the Lords who were named before to be of the said Counsell had taken their Oathes upon certaine conditions as aforesaid that the same Lords of the Counsell should now be newly charged and sworne without condition And hereupon the Prince prayed the King as well for himself as for the other Lords of the Counsell that forasmuch as the Bishop of Durham and Earle of Westmorland who are ordained to be of the same Counsell cannot continually attent therein as well for divers causes as are very likely to happen in the Marches of Scotland as for the enforcement of the said Marches that it would please the King to designe other Lords to bee of the same Counsell with the Lords before assigned And hereupon the King IN FVLL PARLIAMENT assigned the Bishop of Saint Davids and the Earle of Warwicke to be of his said Counsell with the other forenamed Lords and that they should bee charged in like manner as the other Lords without any condition A notable President where all the Kings Privy Counsell are nominated and elected by him in full Parliament and their names particularly declared to the Commons before they are sworne to the end that they might except against them if there were just cause who in their Petition and Articles to the King expresse in generall what persons the King should make choise of for his Counsellors and Iudges and what Oathes they should take in Parliament before they were admitted to their places Which was as much or more as this Parliament ever desired and the King may now with as much Honour and Iustice grant without any diminution of his Prerogative as this Magnanimous Victorious King Henry did then without the least deniall or delay In the fiâ—t Yeare of King Henry the fift This King undertaking a warre with France by Advise and consent of his Parliament as honourable to the King and profitable to the Kingdome toâ—which war they liberally contributed Iohn Duke of Bedford was in and by that Parliament made GOVERNOVR AND REGENT OF THE REALME AND HEAD OF THE COMMON-WEALTH Which Office he should enjoy as long as the King was making Warre on the French Nation the Summons of which Parliament issued out by this Duke in the Kings Name See H. 1. c. 1. In the Patent Rolls of 24. Hen. 6. 1 â— pars mem 16. The King grants to Iohn Duke of Exceter the Office of Admirall of England Ireland and Aqultain which Grant is thus subscribed Per breve de privato Sigillo AVCTORITATE PARLIAMENTI So that hee enjoyed that Office by apointment and Authority of the Parliament which was no set standing Office nor place of great Honour in former ages when there were many Admiralls in England designed to severall Quarters and those for the most part annuall or but of short continuance not for life as Sir Henry Spelman shewes at large in his Glossarie Title Admirallus to whom I referre the Reader and Title Heretocâ—us which Heretochs elected by the people had the command of the Militia of the Realme by Sea and Land and this word Heretoch in Saxon signifying properly a Generall Captaine or Leader as you may see there and in Master Seldenâ— Titles of Honour Pag. 605. 606. And sometimes though more rarely an Earle Count or Nobleman Earlederman or Prince Hengist and Horsa being called Heretogan in a Saxon Annall In the 1. yeare of King Henry 6. being but 9. months old when the Crowne descended the Parliament summoned by his Father Henry the 5. as Walsingham writes was continued in which By ASSENT OF ALL THE STATES Humfry Duke of Gloucester WAS ELECTED AND ORDAINED DEFNDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford and all the Offices and Benefices of the Realm were committed to his disposall In this Parliament a strange sight never before seen in England this infant king sitting in his Queen mothers lap passed in Majestick manner to Westminster and there tooke state among all his Lords before he could tell what English meant to exercise the place of Soveraigne direction in open Parliament then assembled to establish the Crowne upon him In the Parliament Rolls of the 1. yeare of this King I finde many notable passages pertinent to the present Theme of which for their rarity I shall give you the larger account Numb 1. There is a Commission in this Infant Kings name directed to his Vncle Humfrey Duke of Gloucester to summon and hold this Parliament in the Kings name and stead and commanding all the Members of it to attend the said Duke therein Which Commission being first read the Archbishop of Canterbury taking this Theame The Princes of the People are assembled with God declares 4. causes for which this Parliament was principally summoned 1. For the good governance of the person of the most excellent Prince the King 2. For the good conservation of the peace and the due execution and accomplishment of the Lawes of the land 3. For the good and safe defence of the Realme against enemies 4. To provide honourable and discreet persons of every estate for the good governance of the Realme according to Iethro his Counsell given to Moses c. Which Speech ended Numb 7. 8 9 10 11. The receivers of all sorts of Petitions to the Parliament are designed and the Speaker of the House of Commons presented and accepted Numb 12. The Lords and Commons authorize consent to and confirme the Commission made to the Duke in the Infant Kings Name to summon and hold this Parliament so that they authorize and confirme that very power by which they sate With other Commissions made under the great Seale to Iustices Sheriffes Escheators and other officers for the necessary execution of Iustice. Numb 13.
and PRINCIPALL COVNSELLOR of our said Lord the King and that the said Duke shall be and be called PROTECTOR and DEFENDOR OF THE SAID REALM AND CHVRCH OF ENGLAND and that letters patents of the Lord the King shall be made in this forme following Henrious Dei gracia c. Scitatis quod in adeotenera aetate constituti sumus quod circa Protectionem Defensionem Regni nostri Angliae Ecclesiae Anglicanae personaliter attendere non possumus in presenti Nos de circumspectione industria charissime avunculi nostri Johannis Ducis Bedfordiae plenam fiduciam reportantes DE ASSENSV ET AVISAMENTO TAM DOMINORVM QVAM DE ASSENSV COMMVNIT ATIS DICTI REGNI ANGLIAE IN INSTANTI PARLIAMENTO existentium ordinavimus constituimus ipsum avuneulum nostrum dicti regni nostri Angliae Ecclesiae Anglicanae PROTECTOREM ET DEFENSOREM AC CONSILIARIVM NOSTRVM PRINCIPALEM quod ipse dicti Regni nostri Angliae Ecclesiae Anglicanae Protector Defensor ac principalis consiliarius noster sit nominetur in juxta vim formam effectum cujusdam articuli IN DICTO PARLIAMENTO die datus prâ—sentium habiti ET CONCORDATI Proviso semper quod praefatus Avunculus noster nullum habeat aut gerat vigore praesentium potestatem nec sicut praefatur nominotur nisi pro tempore quo praesens hic in regno nostro Angliae fuerit PROVT IN PRAEDICTO ACTO CONTINETVR Quodque carissimus Avnculus noster Dux Glocestriae nobis in agendis dicti Regni negotiis post ipsum Avunculnm no strum Ducem Bedfordiae PRINCIPALIS CONSILIARIVS EXISTAT ET NOMINETVR quotiens quando praefatum Avunculum nostrum Ducem Bedfordiae infra Regnum mostrum Angliae mor aricontingat Confidentes insuper ad plenum de circumspectione industria praedicti Avunculi nostri Ducis Glocestriae DE ASSENSV ET AVISAMENTO PRAEDICTIS ordinavimus constituimus ipsum Avunculum nostrum Ducem Glocestriae dicto Regno nostro Angliae jam praesentem dicti Regni nostri Angliae Ecclesiae Anglicanae PROTECTOREM ET DEFENSOREM necnon CONSILIARIVM NOSTRVM PRICIPALEM quociens quando dictum avunculum nostrum Ducem Bedfordiae extra Regnum nostrum Angliae morari abesse centingat Et quod ipse avunculus noster Dux Glocestriae Protector Defensor Regni nostri Angliae Ecclesiae Anglicanae Principalis Consiliarius noster SIT ET NOMINETVR IVXTA VIM FORMAM EFFECTVM ARTICVLI PRAEDICTI Proviso semper quod praefatus avuneulus Dux Glocest nullum gerat aut habeat vigore praesentium potestatem vel ut praefertur nominetur nisi pro tempore quo praesens hic in Regno nostro Angliae fuerit in absentia dicti avunculi nostri Ducis Bedford prout in predictio articulo continetur Damus autem universis singulis Archiepiscopis Episcopis Abbatibus Prioribus Ducibus Comitibus Baronibus Militibus omnibus aliis fidelibus nostris dicti Regni nostri Angliae quorum interest tenore praesentium firmiter in mandatis quod tam praefato avunculo nostro Duci Bedfordâ— quociens quandâ— protectionem defensionem hujusmodi sic habuerit occupaverit quam praefato avunculo nostro Duci Glocestriae quociens quando ipse consimiles Protectionem Defensionem habuerit occupaverit in premissis faciendis pareant obediant intendant prout decet In cujus reitestimonium c. which Act and Commission thus made and the tenour of them being recited before the said Duke of Gloster and spirituall and temporall Lords the said Duke having deliberated thereupon undertook at the request of the said Lords the burthen and exercise of his occupation to the honour of God and profit of the King and Kingdome Protesting notwithstanding that this his assumption or consent in this part should not any wayes prejudice his foresaid Brother but that his said Brother at his pleasure might assume his burthen of this kinde and deliberate and advise himselfe Numb 25. It is ordered by this Parliament what under Offices and Benifices the Lords Protectors should conferre and in what manner Numb 26. After the Lords and Commons in Parliament had setled and ordained the Protectors in forme aforesaid AT THE REQVEST OF THE SAID COMMONS there were BY ADVISE AND ASSENT OF ALL THE LORD' 's certaine persons of estate as well spirituall as temporall NAMED AND ELECTED TO COUNSELL AND ASSIST THE GOVERNANCE whose names written in a small scedule and read openly were these the Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worcester the Duke of Excester the Earles of March Warwick Marshall Northumberland Westmerland the Lord Fitz-hugh Mr. Hâ—gh Crumbwell Mr. Walter Hungerford Mr. Iohn Tiptofâ— Mr. Walter Beauchamp Numb 25. These persons thus NAMED and CHOSEN COVNSELLORS and ASSISTANTS after this nomination and election condiscended to take such assistance to the governmeâ—t in manner and forme contained in a paper scedule written in English with their names thereto containing five speciall articles delivered in Parliament by the said persons chosen Counsellors assistants of which scedule this is the tenure The Lords abovesaid been condiscended to take it upon them in manner and forme that sueth First for as much as execution of Law and keeping of peace start much in Iustice of peace Sheriffs and Escheators the profits of the King and revenues of the Realme been yearly encreased and augmented by Customers Controllers prisers seachers and all such other Offices therefore the same Lordswoll and desireth that such Officers and all other be made by advise and denomination of the said Lords saved alwayes and reserved to my Lords of Bedford and of Glocester all that longeth unto them by a speciall Act made in Parliament and to the Bishop of Winchester that hee hath granted him by our soveraigne Lord that last was and by authority of Parliament confirmed Numb 29. Item that all manner Wards Mariages Farmes and other casualties that longeth to the Crown when they fall be letten sold and disposed by the said Lords of the Counsell and that indifferently at dearest without favour or any manner partiality or fraud Numb 30. Item that if any thing should be enact done by Counsell that six oâ— foure at the least without Officers of the said Counsell bee present and in all great matters that shall passe by Counsell that all be present or else the more party And if it bee such matter as the King hath be accustomed to be counselled of that then the said Lords proceed not therein without the advice of my â—ord of Bedford or of Glocester Numb 31. Item for as much as the two Chamberlaines of the Exchequer bee ordained of old time to controule the receipts and payments in any manner wise maed the Lordys desireth that the Treasurer of England being for the time and either of the Chamberlaines have a key of that that should come into the recepit and
these â—iberties and that which we have sworne ALL OF US ARE BOUND TO OBSERVE But where the Acts to which the assent is gained are unjust or illegall such to which the King was not bound by Oath or duty to consent but meerely out of necessity to avoid imminent danger of death or other mischiefe and where the whole Parliament was enforced as well as the King there the acts may be avoided by Duresse as is evident by the Statutes of 11. and 21. of R. 2. c. 12. by the Statute of 31 H. 6. c. 1 which makes voyd all the Petitions granted by this King in a former Parliament the 29. of his Reigne and all indictments made by Duresse through the Rebellion Tyranny and Menaces of Iack Cade and his rebellious rout of Traytors and by 39. H. 6. c. 1. 15. E. 3. stat 2. and 17. E. 4. c. 7. Yet these enforced unjust Bills being publike Acts done in a legall forme are not meerly void but good in Law till they be repealed and nullified by a subsequent Parliament as is evident by the next forecited Statutes even as a Marriage Bond or deed made by Duresse or Menace are good in Law and not meerly void but voidable only upon a Plea and Tryall And if subsequent Parliaments refuse to repeal these forced Laws and to declare the Royall assent thereto by coertion void or illegall the King cannot avoid them by Duresse because his Royall assent is a judiciall Act in open Parliament which his oath and duty obliged him to give and the Lawes are rather the Parliaments Act which was not forced then his owne but they remaine in full vigour as if he had freely assented to them which is most evident by the Statutes made in 10. and 11. R. 2. which though extorted from the King by Duresse against the will and liberty of the King and right of his Crowne as is pretended and declared in the Statute of 21. R. 2. c. 12. yet they continued in full strength for ten yeares space or more during which time there were no lesse then 8. Parliaments held under this King because these Parliaments refused to reverse them upon this pretext of Duresse and the Parliament of 1 H. 4 c 2 3 4. received and confirmed them From all which premises I humbly conceive I may infallibly conclude That the King in passing the fore-mentioned kinde of Bills of Common Right and Iustice for the Kingdomes and the Subjects weale and safety hath no absolute negative voyee but must and ought of common right and Iustice by vertue of his Royalloath and duty to give his ready and free assent unto them without any tergiversatiâ—n And so the Parliament in their Declarations to this purpose hath no wayes invaded nor injured his Majesties just Prerogative royall in this particular Nor yet those members in it eclipsed his royall grace who have upon occasion given affirmed the Petition of Right the Bills for Trieniall Parliaments which before by Law were to be annuall at least the continuance of this Parliament without adjournment for the Kingdomes necessary preservation the acts against Shipmoney Forest-Bounds c. illegall new invented grievances and oppressions not heard of in former Kings Reigns and the Statutes for the suppression of the Star-Chamber High Commission Knighthood and Bishops votes lately growen intollerable grivances and mischeifes to the Realme Especially since his Majesties Reigne to bee no acts of most transcendent Grace such as never any Prince before vouchsafed to his people as they are daily cried up in Presse and Pulpet but Bills of meere Common Right and Iustice which the King by his Royall Office Oath Duty in Law and Conscience ought to assent unto and could not without apparent injustice deny to passe when both Houses urged him thereunto the rather because the unhappy fractions of all Parliaments and Grievances of these Natures under his Majesties own Reign and Government occasioned by his evill Councellers were the sole grounds and just occasions of enacting these necessary Laws for the Subjects future security if the sword now drawen to suppresse the Parliament and cut these Gordians or rather Cobwebs as Diogenes once termed Laws a sunder deprive them not of their benefit before they scarce enjoy it I should now here proceed to manifest the Parliaments taking up of defensive Armes against his Majesties Malignant Army of professed Papists Delinquents and pillaging murthering Cavaleers whose grand designe is onely to set up Popery and an absolute tyrannical Government over our consciences bodies estates in defense of their own persons priviledges the Subjects Laws Liberties Properties and our Protestant established Religion devoted by Papists to eternall ruine as we have cause to feare to be just lawfull and no treason nor rebellion at all against the King neither in point of Law nor conscience And that the Parliaments assessing of men towards the maintenance of this necessary defensive warre by an Ordinance of both Houses onely without the Kings assent now wilfully absent from and in armes against his Parliament and People with their distraining and imprisoning of such as refuse to pay it and their confinement and securing of dangerous Malignants to be justifiable by Law and ancient presidents with other particulars not yet so fully discussed by any as is desired But this part being already growne somewhat large and having lingred much longer at the Presse then I expected I have thought it more convenient to reserve the remainder for a future Treatise by it selfe then to hinder the state of the present benefit which it may receive by this through Gods blessing ere the other can â—ee compleated which I hope will fully un-blindfold the hood-winkt world and either satisfie the consciences or stop the mouthes of all who are not wilfully malicious against the Truth and Parliaments proceedings and the Soveraigne Power of Parliaments and Kingdoms over their Kings themselves which I shall more copiously manifest in the Appendix FINIS partis secunda THE THIRD PART OF THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Parliaments present Necessary Defensive Warre against the Kings offensive Malignant Popish forces and Subjects taking up Defensive Armes against their Soveraignes and their Armies in some Cases is copiously manifested to be Iust Lawfull both in point of Law and Conscience and neither Treason nor Rebellion in either by inpregnable Reasons and Authorities of all kindes Together With a Satisfactory Answer to all Objections from Law Scripture Fathers Reason hitherto alledged by Dr. Ferne or any other late opposite Pamphleters whose grosse Mistakes in true Stating of the present Controversie in sundry points of Divinity Antiquity History with their absurd irrationall Logicke and Theologie are here more fully discovered refuted than hitherto they have been by any Besides other particulars of great concernment By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne 2 Sam. 10. 12. Be of good courage and let us play the men for our People and for the City of
Religion established among us by law against which they and all others who are not wilfully blinded visibly discerne a most apparant desperate conspiracie which though not cleerely perceived but onely justly suspected at first doth now appeare all circumstances and agents considered to be the very Embrio and primitive cause of this deplorable warre agâ—inst which the Parliament and subjects are now more necessitated and engaged to defend themselves then ever seeing they have by all possible meanes endeavored to prevent this warre at first and since to accommodate it though in vaine upon just reasonable and honorable safe termes for King and Kingdome The sole Question then in this case thus truely stated will be Whether his Majestie having contrary to his Oath Duty the fundamentall Laws of God and the Realme raised an Armie of Malignants Papists Forraigners against his Parliament Kingdome People to make an Offensive warre upon them to murther rob spoyle deprive them of their peace liberties properties estates to impose unlawfull taxes by force upon them protect Delinquents and evill Councellors against the Parliaments Iustice and violently to undermine our established Protestant Religion the Common-wealth of England legally assembled in Parliament and all Subjects in such cases by Command and direction from both Houses of Parliament may not lawfully and justly without any Treason or Rebellion in point of Law and Conscience take up defensive Armes to preserve the Priviledges of Parliament their Lawes lives liberties estates properties Religion to bring Delinquents and ill Councellours to condigne punishment and rescue his seduced Majestie out of their hands and power though he be personally present with them to assist and countenance them in this unnaturall destructive warre And under correction notwithstanding any thing I ever yet heard or read to the contrary I conceive affirmatively that they may justly do it both in point of Law and Conscience I shall begin with Law because in this unhappie controversie it must direct the conscience First I have already proved in Judgement of Law the Parliament and Kingdome assembled in it to be the Soveraigne power and of greater authority then the King who is but their publike Minister in point of civill Iustice and Generall in matters of warre as the Roman Kings and Emperours were and other forraigne Kings of old and at this day are The Parliament then being the highest power and having principall right and authority to denounce conclude and proclaime warre as I have manifested in the debate of the Militia may not onely lawfully resist but oppugne suppresse all Forces raised against it and the Kingdomes peace or welfare Secondly the principall end of the Kingdomes originall erecting Parliaments and investing them with supreame power at first was to defend not onely with good Lawes and Councell but when absolute necessitie requires as now it doth with open force of Armes the Subjects Liberties Persons Estates Religion Lawes Lives Rights from the encroachments and violence of their Kings and to keepe Kings within due bounds of Law and Iustice the end of instituting the Senate and Ephori among the Lacaedemonians the Senate and Dictators among the Romans the Fâ—rum Suprarbiense and Iustitia Aragoniae among the Aragonians of Parliaments Dietts and Assemblies of the estates in other forraigne Kingdomes and in Scotland as I shall prove at large in its proper place This is cleare by the proceedings of all our Parliaments in former ages Especially in King Iohns Henry the third Edward the 1. 2. 3. and Richard the seconds Raignes by the latter Parliaments in King Iames his raigne yea of 3. Caroli the last dissolved Parliament and this now sitting whose principall care and imployment hath beene to vindicate the Subjects Liberties properties lawes and Religion from all illegall encroachments on them by the Crown and its ill Instruments by the forecited resolutions of Bracton Fleta the Myrror of Iustices Vowell Holinshed the Councell of Basill and others that the Parliament ought to restraine and bridle the king when he casts off the bridle of the Law and invades the Subjects Liberties especially with open force of Armes in an Hostile manner and by the constant practise of our Ancestors and the Barons Warres in maintenance of Magna Charta with other good Lawes and Priviledges confirmed by Parliament If then the Parliament be intrusted by the Kingdome with this Superlative power thus to protect the Subjects Liberties properties Lawes persons Religion c. against the kings invasions on them by policie or violence they should both betray their trust yea the whole kingdome too if they should not with open Force of Armes when Policy Councell and Petitions will not doe it defend their owne and the Subjects Liberties persons priviledges c. against his Majesties offensive Armies which invade them intending to make the whole kingdome a present booty to their insaciable rapine and a future vassall to his Majesties absolute arbitrary power by way of conquest I reade in Bodin that the Roman Senate being no way able to restraine Caesar tooke their refuge to that ancient Decree of the Senate which was commonly made but in dangerous times of the Common-weale Videant Consules caeteri Magistratus ne quid detrimenti câ—piat Respublica Let the Consulls and other Majestrates foresee that the Common-weale take no harme With which decree of the Senate the Consulls being armed sodainely raised their power commanding Pompey to take up Armes and raise an Army against Caesar to oppose his violent proceedings by force who after his conquest of Pompey refusing to rise up to the Consulls Pretors and whole Senate out of his pride through his ill Councellors advise and talking with them as if they had beene but private men he so farre offended both the Senate and people that to free the Republicke from his Tyranny and preserve their hereditary Liberties they conspired his death and soone after murthered him in the Senate-house where they gave him no lesse than 23. wounds And Hieronimus Blanca assures us that the Suprariense Forum Iustitia Aragoniae or States of Aragâ—n erected to withstand the tyrannie and encroachments of their kings may by the Laws of their Realme assemble together and RESIST THEIR KING WITH FORCE OF ARMES as oft as there shall bee neede to repulse his or his Officers violence against the Lawes For when they erected this Court they said It would be little worth to have good Lawes enacted and a middle Court of Iustice betweene the King and people appointed if it might not be lawfull to take up Armes for their Defence when it was needfull being agreeable to the very Law of nature and reason Because then it will not be sufficient to fight with Counsell For if this were not so and the State and Subjects in such cases might not lawfully take up armes all things had long ere this been in the power of Kings Therefore no doubt our Parliament and State as well as others may by
the very Law of Nature and fundamentall institution of Parliaments now justly take up Defensive armes to preserve their Liberties Lawes Lives Estates Religion from vassallage and ruine Thirdly Our owne Parliaments Prelates Nobles and Commons in all ages especially in times of Popery as well in Parliament as out have by open force of armes resisted suppressed the oppressions rapines vnjust violence and armies of their Princes raised against them Yea incountred their Kings in open Battells taken their persons Prisoners and sometimes expelled nay deposed them their Royall authority when they became incorrigible open professed enemies to their kingdomes their Subjects seeking the ruine slavery and desolation of those whom by Office Duty Oath and common Iustice they were bound inviolably to protect in Liberty and peace as the premised Histories of Achigallo Emerian Vortigern Segebert Osred Ethelrâ—d Bernard Edwin Ceolwulfe King Iohn Henry the 3d. Edward 1. and 2. Richard the 2 Henry the 6 th our British Saxon English Kings and other examples common in our owne Annalls plentifully manifest Neither are their examples singular but all Kingdomes generally throughout the world in all ages have done the like when their Kings degenerated into Tyrants of which there are infinite precedens in History which actions all ages all Kingdomes have alwaies reputed lawfull both in point of Policy Law Religion as warranted by the very Lawes of Nature Reason State Nations God which instruct not onely particular persons but whole Cities and Kingdomes for their owne necessary defence preservation the supportation of humane Societie and Libertie to protect themselves against all unlawfull violence and Tyranny even of their Kings themselves or their Ministers to whom neither the Lawes of God Nature Man nor any civill Nation ever yet gave the least authority to Murther Spoile Oppresse enslave their Subjects or deprive them of their lawfull Liberties or Estates which resistance were it unlawfull or unjust as many ignorant Royallists and Parasites now â—each some few oppressing tyrannizing wilfull Princes might without the least resistance ruine murther enslave the whole world of men overthrow all setled formes of civill government extirpate Christian Religion and destroy all humane Society at their pleasures all which had beene effected yea all States and Kingdomes totally subverted long agoe by ambitious Tyrannizing lawlesse Princes had not this Lawfull Naturall Hereditary power of resisting and opposing their illegall violence inherent in their Parliaments States Kingdomes restrained and suppressed their exorbitances of this kinde Now that this necessary Defensive opposition and resistance against open Regall Hostile violence which hath beene ever held lawfull and frequently practised in all Kingdomes all ages heretofore as just and necessary should become sodenly unlawfull to our Parliament and Kingdome onely at this instant seemes very unreasonable unto me Fourthly It is the expresse resolution of Aristâ—tle Xenophon Polibius Pope Elutherius in his Epistle to our first Christian King Lucius King Edward the Confessor in his established Lawes c. 17. the Councell of Paris Anno 829. and Isiodâ—r cited by it Iohn 〈◊〉 Iâ—hn Mariana and generally of all forraigne Divines and Polititians Pagan or Christian yea of Bracton Fâ—â—ta Fortescue and King Iames himselfe that a King governing in a setled Kingdome ceaseth to be a King and degenerates into a Tyrant so soone as hee leaves to rule by his Lawes much more when he begins to invade his Subjects Persons Rights Liberties to set up an Abitrary power impose unlawfull Tâ—xes raise Forces and make Warre upon his Subjects whom he should Protect and rule in peace to pillage plundâ—r â—aste and spoile his Kingdome imprison murther and destroy his people in an hostile manner to captivate them to his pleasure the very highest degree of Tyranny condemned and detested by God and all good men The whole State and Kingdome therefore in such cases as these for their owne just necessary preservation may lawfully with force of Armes when no other course can secure them not onely passively but actively resist their Prince in such his violent exorbitant tyrannicall proceedings without resisting any kingly lawfull royall Authority Vested in the Kings person for the Kingdomes preservation onely not destruction because in and as to these illegall oppressions tyrannicall actions not warranted but prohibited by the Lawes of God and the Realme to whom he is accountable and by whom he is justly censurable for them he is no lawfull King nor Majestrate but an unjust oppressing Tyrant and a meere private man who as to these proceedings hath quite denuded himselfe of his just Regall authority So that all those wholsome Lawes made by the whole State in Parliament for the necessary preservation and defence of their Kings Royall Person and lawfull Soveraigne power the suppression of all Insurrections Treasons Conspiracies and open Warres against them whiles they governe their people justly according to Law as all good Princes are obliged to doe by oath and duty or the open violent resisting of their Lawfull authority and Commands to which all Subjects both in point of Law and Conscience ought cheerfully and readily to Submit will yeeld no publike Countenance Encouragement or Protection at all to Kings in their irregall tyrannicall oppressions or violent courses especially when they turne professed publike enemies to their people proclaime open Warre against them invade their Lawes Liberties Goods Houses Persons and exercise all acts of Hostilitie against them as farre forth as the most barbarous Forraigne Enemies would doe It being against all common sence and reason to conceive that our Parliaments Lawes which strictly inhibit and punish the very smallest violations of the publike peace with all kinds of Oppressions Robberies Trespasses Baâ—tâ—ries Assaults Bloodsheds Fraies Murthers Routs Riots Insurrections Burglaries Rapes Plunderings Force-able Entries Invasions of the Subjects Liberties or Properties in all other persons and greatest publike Officers whatsoever whose Delinquences are so much the more hainous execrable and censurable as their persons honours and places are more eminent should so farre countenance justifie or patronize them onely in the King the Supreame fountaine of Iustice ad tutelam Legis corporum bonorum crectus as Fortescue and Sir Edward Cooke resolve Cujus Potestas Iuris est non Injuriae cum sit author Iuris non debet inde injuriarum nasci occasio unde Iura nascâ—nt ur as Bracton and Fleta determine as not to permit the Subjects under paine of Rebillion and high Treason by force of Armes upon expresse command and direction of the whole Kingdome in Parliament so much as to defend their Persons Goods Estates Houses Wives Children Liberties Lives Religion against the open violence of the King himselfe or his Malignant plundring murthering Papists Caveleers When as Kings of all others as Bracton Fortescue and Mariana prove at large both by Oath and Duty ought to be more
who would thus willingly ruine his Principality as of free to make it tributary of his owne to make it anothers of happy to make it miserable and to submit himself to anothers pleasure as one conquered without a wound But I have heard and read of many who with effusion and losse of much blood which was laudable have procured liberty to themselves modo autem auâ—io quod Dominus vester miser deses imbellis qui nullo null or est de libero servus fieri desiderat qui omnium mortalium miserrimus est After which he said That the King was unworthy of his Confederacie and looking on the two Knights with a sterne countenance he comâ—anded them to depart instantly out of his presence and to see his face no more whereupon they departing with shame hee charged Robert the Clerke to informe him truely what manner of person King Iohn was who replied That he was rather a Tyrant then a King rather a Subverter then a Governour a Subverter of his owne Subjects and a Fosterer of Strangers a Lyon to his owne Subjects a Lambe to Aliens and Rebels who by his sloathfulnesse had lost the Dutchy of Normandy and many other Lands and moreover thirsted to lose and destroy the Kingdome of England An unsatiable Extortioner of money an invader and destroyer of the possessions of his naturall people c. When Miramumalin heard this he not onely despised as at first but detested aâ—d accursed him and said Wâ—y doe the miserable English permit such a one to raigne and domineer over them Truely they are effeminate and slavish To which Robert answered the English are the most patient of all men untiâ—l they are offended and damnified beyond measure But now they are angry like a Lion or Elephant when he perceives himselfe hurt or bloody and though late they purpose and endeavour to shake the yoake of the Oppressor from their necks which lie under it Wâ—ereupon he reprehended the overmuch patieâ—ce anâ— fearefulnesse of the English and dismissed these Messengers who returning and relating his Answer to King Iohn he was exceeding sorrowfull and in much bitternesse of Spirit that he was thus contemned and disapointed of his purposâ— Yet persisting in his pre-conceived wicked designe to ruine his Kingdome and people and hating all the Nobility and Gentry of England with a viperous Venom he sets upon another course and knowing Pope Iuno cent to be the most ambitious proud and covetous of all men who by gifts and prâ—mises would be wrought upon to act any wickednesse Thereupon he hastily dispatcheth messengers to him with great summes of Money and a re-assurance of his tributary Subjection which shortly after he confirmed by a new Oath and Charter to procure him to Excommunicate the Archbishop of Canterbury and the Barons whom he had formerly favoured which things he greedily desired that he might wrecke his malice on them by Disâ— inheriting Imprisoning and Spoiling them being Excommunicated Which things when he had wickedly plotted he more wickedly executed afterwards In the meane time the Barons foreseeing that nothing was to be obtained but by strong hand assemble an Army at Stamford wherein were said to be two thousand Knights besides Esquires and marched from thence towards Oxford where the King expected their comming to answer their demands And being come to Brackâ—ey with their Army the King sends the Earle of Pembroke Mariscall and the Archbishop of Canterbury with others to demand of them what were those Lawes and Liberties they required to whom they shewed a Schedule of them which the Commissioners delivered to the King who having heard them read in great indignation asked Why the Barons did not likewise demand the Kingdome and swore he would never graâ—t those Articles whereby himselfe should be made a Servant So harsh a thing is it to a power that is once gotten out into the wide libertie of his will to heare againe of any reducing within his Circle Vpon this answer the Barons resolve to seize the Kings Castles constitute Robert Fitz-walter their Generall entituling him Mariscall of the ARMY of GOD aâ—d of HOLY CHVRCH A Title they would never have given their Generall or Army had they deemed this Warre unlawfull in Law or Conscience After which they tooke divers of the Kings Castles and are admitted into London where their number daily increasing they make this Protestation Never to give over the prosecution of their desire till they had constrained the King whom they held perjured to grant them their Rights Which questionlesse they would not have done had they not beleeved this Warre to be just and lawfull King Iohn seeing himselfe in a manner generally forsaken of all his people and Nobles having scarce 7. Knights faithfull to him another strong argument that the people and Kingdome generally apprehended this taking up armes against the King to regaine to preserve their hereditary Rights and Liberties to be lawfull counterfeits the Seales of the Bishops and writes in their Names to all Nations That the English were all Apostaâ—es and whosoever would come to invade them hee by the Popes consent would conferre upon them all their Lands and Possossioâ—s But this device working no effect in regard they gave no credit to it and found it apparantly false the King seeing himselfe deserted of all and that those of the Barons part were innumerable cum tota Angliae Nobilitas in unum collecta quasi sub numero non cadebat writes Mathew Paris another argument of the justice of this cause and warre in their beliefes and consciences at last condescended to grant and confirme their Liberties which he did at Running-Meade in such sort as I have formerly related And though the Pope afterwards for his owne private ends and interest bribed by King Iohn who resigned his Kingdome to him and became his Vassall without his peoples consent which resignation was judged voide excommunicated the Barons withall their assistance Qui Iohaâ—nem illustrâ—m Regâ—m Anglorum Cruce signatum ET VASALLVM ROMANAE ECCLESIAE an honourable Title indeed for a King pers quuntur molientes ei Regâ—um auferre which this Pope him selfe did but few yeares before giving his Crown and Kingdome it selfe to King Phillip of France which to save he sordidly resigned up to the Pope quod ad Ronanam Ecclesiam dignosciâ—ur pertinere Yet this Excommunication thus procured by bribery proceeding not out of Conscience to preserve the Kings due Rights but selfe-respects to support the Popes usurped interest and Title to the Realme and being a wicked plot of the King more wickedly exâ—cuted by the Pope who as Matthew Paris writes was AD OMNIA SCELERA pro praemijs datis vâ—l promissis cereus proclivis and the Londonâ—rs Barons with divers Prelates then contemning it as pronounced upon false suggestions and especially for this cause that the ordering of temporall affaires belonged not to the Pope Cum Petro Apostolo ejus Successoribus non nisi Ecclesiasticarum
dispositio râ—rum a Domino sit collata potestas And using likewise these memorable Speeches in those blind daies against the Pope and his usurped Supremacy with liberty Vt quid ad noâ—se extendit Romanorum insatiata cupiditas Quid Episcopis Apostolicis Militiae nostrae Ecce successores Constantini non Petri non imitantur Petrum in meriâ—is vel operibus nec assimulandi sunt in Potestate Proh pudor marcidi ribaldi qui de armis vel liâ—eralitate minime norunt jam toti mundo propter excommunicationes suas volunt dominari ignobiles usurarij Simoniales O quantum dissimuâ—es Petro qui sibi Petri usurpant partem c. I conceive this Excommunication rather justifies then disproves the lawfulnesse of this their taking up of armes and the warre insuing it being but for their owne just defence when the King afterwards with fire sword and bloody barbarous Forraigne Forces wasted his Realme in a most inhumane tyrannicall maner Factus de Rege Tyâ—annus imo in bestialem prorumpens feritatem c. which necessitated the Barons for their own preservation and the Kingdoms devoted by this unnaturall Prince to Vassallage and utter desolation to elect Lewâ—s of France for their King Who together with the Peeres and Estates of France assembled at Lions concerning this Election resolved it to be just and lawfull and the Barons Defensive Warres against and rejection of King Iohn for his Tyranny and oppressions to be just and honourable since they did but flee to these extraordinary remedies and seeke for justice abroad when they were denied it by him that should give it them in as orâ—inary way at home chosing as King in place of a Tyrant as Matthew Paris with the generall History of France written by Iohn de Serres and Englished by Edward Grimston mâ—re largely manifest Secondly the Lawfulnesse and justnesse of the Bâ—rons Warres in Defence of Magna Chartâ— with other their Hereditary Rights and Liberties appeares most evidently by the resolution of all those Parliaments summoned by King Herry the 3d. Edward the 1 â— 2. 3. Richard the 2 d and other our succeeding Kings which have many times even by force of Armes or Menaces and sometimes by faire termes caused these Kings by new Acts of Parliament of ratifie Magna Charta the Chartâ—r of the Forest with other Fundamentall Liberties thus forcibly extorted from King Iâ—hn at first and constrained them to confirme hem with their Oathes and solâ—mne publicke Excommunications to be published by the Bishops in their Diocesse twice every yeare oft solemnly vowing and protesting both in and out of Parliament to defend these Lawes and Liberties with their estates armes lives blood which their ancâ—stâ—rs had purchased with their blood as I have manifested in the two first parts of this Discourse All which they would no doubt have forborne had they deemed it high Treason or Rebellion in point of Law to take up armes against their Kings in defence oâ— these Lawes and Privileges neither would our Kings and Parliaments in times of Peace have so frequently confirmed these Lawes and Immunities as just and necessary for the peoples welfare had they reputed their former purchases and confirmations by warre and armes no lesse then Treason or Rebellion And if it were neither Treason nor Rebellion in the judgements of our Ancestors and those Parliaments which procured and ratified Magna Charta to take up armes in defence thereof much lesse can it be Treason or Rebellion in the Parliament and Subjects now by Votes by Ordinances of both Houses with force of armes to preservâ— not only these their hereditarie Charters Lawes Priviledges but their very Lives Estates yea the Privileges and being of Parliaments themselves which are now invaded endangered What opinion the world had of the lawfulnesse of most of the Barons Warres in King Henry the 3d. his Raigne against this troublesome perfidious King in defence of their Lawes Liberties Estates appeares first by the Dialogue betweene Agnellus a Frier minorite one of King Henry his Counsell purposely sent to the Earle Marshall then in armes against the King and this Martiall Earle in the Abbey of Morgan Anno 1233. I will first relate the true state of that Warre and then their Dialogue concerning it King Henry by the ill counsell of Peter Bishop of Winchester removed all his English Officers Counsellors and Servants from his Court and put Poictovines and Forraigners in their places being ruled wholly by them withall he puts the English Garisons out of all his Castles and substitutes Forraigners in them which dayly arived both with Horse and armes in great multitudes and much opprested the people calling them Traitors so that the power and wealth of the Realme was wholly under their Command The Earle Marshall seeing the Noble and Ignoble thus oppressed and the rights of the Kingdome like utterly to be lost provoked with a zeale of Iustice associating to himselfe other Noble men goes boldly to the King reproves him in the hearing of many For calling in those Poictovines by evill Counsell to the oppression of the Kingdome and of his naturall Subjects and like wise of Lawes and Liberâ—ies Humbly beseeching him hastily to correct these excesses which threatned the imminent subversion both of His Crowne and Kingdome which if he refused to doe he and the other Nobles of the Realme would withdraw themselves from his Counsell as long as he harboured those Strangeâ—s To which Peter of Winchester replyed That the King might lawfully call in what strangers he would for the Defence of his Kingdome and Crowne and likewise so many and such as might compell his proud and rebellious Subjects to due Obedience Whereupon the Earle Marshall and other Nobles departing discontented from the Court when they could get no other answer promised firmely one to another That for this cause which concerned them all they would manfully fight evâ—n to the separation of Soule and Body After which they seeing more Strangers arrive with Horse and armes every day sent word to the King That hee should foorthwith remove Bishop Peter and all his Strangers from his Court which if he refused they all would BY THE COMMON CONSENT OF THE WHOLE REALM 〈◊〉 him with his wicked Counsellours out of the Realm and consult of chusing them a new King After these and some other like passage the King raysing an Army besiegeth one of the Earles Castles and not being able to winne it and ashamed to raise his Seige without gaining it he sent certaine Bishops to the Earle and requested him that since he had besieged his Castle and hee could not with Honour depart without winning it which he could not doe by force that the Earle to save his Honour would cause it to be surrended to him upon this condition That hee would restore it certainely to him within 15. dayes and that by advise of the Bishops hâ— would amend â—all thing amisse in his Kingdome for performance of
which the Bishops became his Pledges and the King appointed a meeting at Westminster on a set day betweene Him and the Lords whereupon the Earle surrendred the Castle to the King upon Oath made by the Bishops that it should be restored at the day But the King refusing to deliver the Earle the Castle according to promise and threatning to subdue his other Castles the Earle hereupon raiseth his Forces winnes his Castle againe routs divers of the Kings Forraigne Forces at Gorsemond Monmouth and other places and invaded the lands of his Enemies Vpon this occasion Frier Agnellus or Lambe acquaints the Earle what the King together with his Counsell and Court thought of his proceedings to wit that the King said he had proceeded over traiterously and unjustly against him yet he was willing to receive him into favour if he would wholly submit himselfe to his mercy and that others held it not just safe and profitable for him to doe it because he had done wrong to the King in that before the King had invaded his Lands or Person he invaded and destroyed the Kings Lands and flew his men and if he should say he did this in defence of his body and inheritance they answered no because there was never any plot against either of them and that were it true yet he ought not thus to breake forth against the King his Lord untill hee had certaine knowledge that the King had such intensions against him ET EX TVNC LICERET TALIA ATTEMPTARE and from thenceforth he might lawfully attempt such things by the Courtiers and Friers owne Confessions Vpon which the Marshiall said to Frier Lambe To the first they say that I ought to submit my selfe because I have invaded the King it is not true because the King himselfe though I have beene ever ready to stand to the Law and judgement of my Peeres in his Court and have oft times requested it by many messengers betweene us which he alwaies denied to grant violently entred my Land and invaded it against all justice whom hoping in humility to please I freely entred into a forme of peace with him which was very prejudiciall to me wherein he granted that if on his part all things were not punctually performed toward me I should be in my pristine state before that peace conclâ—ded namely that I should be without this homage and obsolved from my allegiance to him as I was at first by the Bishop of Saint Davids Seeing then hee hath violated all the Articles of the Peace IT WAS LAWFVLL FOR ME According to my agreement to recover what was mine owne and to debilitate his power by all meanes especially seeing he end eavoured my destruction dis-inheritance and seizing of my Body of which I have certaine intelligence and am able to prove it if neede be And which is more after the 15. daies truce before I entred Wales or made any defence he deprived me of the Office of Marshall without judgement which belongs to me and I have enjoyed by Inheritance neither would he by any meanes restore mee to it though required Whence I have plainely learned that he will keepe no peace with me seeing since the Peace hee handles me worse then before Whereby I ceased to bee his Subject and was absolved from his homage by him Wherefore it was and is lawfull for me to defend my selfe and to withstand the malice of his Counsellors by all meanes And whereas the Kings Counsellors say it is profitable for me to submit to the Kings mercy because he is more rich and powerfull then I am It is true the King is richer and more potent then I but yet he is not more powerfull then God who is Iustice it selfe in whom I trust in the confirmation and prosecution of my right and of the Kingdomes And whereas they say the King can bring in Strangers of his kinred who are neither Scots nor French nor Welsh who shall make all his foes his Foot-stoole and come in such multitudes as they shall cover the face of the earth and that he can raise seven men to my one I neither trust in Strangers nor desire their confederacie nor will I invoke their aide Vnlesse which God forbid inopinata immutabili fuero compulsus necessitate I shall be compelled by a sudden and immutable necessity and I beleeve by his Counsells ill advise he will quickly bring in such multitudes of Strangers that he will not be able to free the Kingdome of them againe for I have learned from credible men that the Bishop of Winchester is bound to the Emperour that the will make the Kingdome of England subject to him which God in his providence avert And whereas they say That I may confide in the King and his Counsell because the King is mercifull credible c. It may well be that the King is mercifull but he is seduced be the Counsell of those by whom we feele our selves much hurt and he is Noble and credible whom God long preserve so as much as in him lies but as for his Counsell I say that no one promise made to me was ever yet kept and they have violated many corporall Oathes made to me and the Oathes they tooke for observing Magna Charta for which they remaine excommunicate and perjured Yea they are eâ—jured concerning the faithfull Counsell which they have sworne to give to our Lord the King when as they have wilfully given him the Counsell of Achitophel against justice and corrupted the just Lawes they have sworne to keepe and introduced unusuall ones for which and for many other things for which neither God nor man ought to trust them or their complices are they not every one excommunicated Rumor de veteri faciet ventura timeri Cras poterunt fieri â—urpia sicut heri Faelix quem faciunt aliena pericula cautum Whereas the said Counsellors of the King say that I invaded the Kings body at Gorsmund Castle before the King had entred my Land and so I did injurie to the King for which I ought to implore his mercie least others should take example thence to raise up Armes against the King I answer that I was not there in person and if any of my Family were there by chance they invaded onely the Family of the King not the person of the King which yet if they had done it were no wonder seeing the king came with his Army into my Land that he might invade me and oppresse me by all the meanes he could which may appeare to all by the tenor of his Letters by which hee made a generall assembly throughout England against my Army And since the premises objected against mee are false and it is true that the King hath treated me worse since the time I expected his mercy then any time before and doth yet use the same Counsell as then and since he endeavours precisely to follow their Counsels in all things by whose advise I suffer all the premised
in the Kings name spake thus to them My Lords our Lord the King hearing that you were lately assembled at Harenggye Parke in an unusuall manner would not rush upon you as he mâ—ght have easily done had he not had care of you and those who were with you because no man can doubt if he had raised an Army he would have had many more men than you and perchance much â— lood of men had beene spilt which the King doth most of all abhorre and therefore assuming to himselfe patience and mildnesse he hath made choyce to convent you peaceably and to tell him the reason why you have assâ—mbled so many men To which the Lords answered That THEY HAD MET TOGETHER FOR THE GOOD OF THE KING AND KINGDOME AND THAT THEY MIGHT PVLL AWAY THOSE TRAITORS FROM HIM WHICH HE CONTINVALLY DET AINED WITH HIM Tâ—e Traytors they appealed were the foresaid ill Councellors and Nicholas Brambre the false London Knight and to prove this appeale of them true casting down their gloves they said they would prosecute it by Duell The King answered This shall not be done now but in the next Parliament which we appoint to be the morrow after the Purification of the blessed Virgin to which as well you as they comming shall receive satisfaction in all things according to Law The Lords for their owne safety kept together till the Parliament and in the meane time dâ—feated the Forces of the Duke of Ireland raised privately by the Kings Command to surprise them The Parliament comming on in the 11. yeare of Richard the second these ill councellors were therein by speciall Acts attainted condemned of High Treason and some of them executed and these defensive Armes of the Lords for their owne and the Kingdomes safety adjudged and declared to be no Treason but a thing done to the honour of God and Salvation of the King and his Realme witnesse the expresse words of the Printed Act of 11 R. 2. c. 1. which I shall transcribe Our Soveraigne Lord the King amongst other Petitions and requests to him made by the Commons of his said Realme in the said Parliament hath received one Petition in the forme following The Commons prayed that whereas the last Parliament for cause of the great and horrible mischiefes and perills which another time were fallen BY EVILL GOVERNANCE WHICH WAS ABOVT THE KINGS PERSON by all his time before by Alexander late Archbishop of Yorke Robert de Veere late Duke of Ireland Michael de la Pole late Earle of Suffolk Rober Trisilian late Iustice and Nicholas Brambre Knight with other their adherents and others Whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed and for this cause and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same Parliament with a Commission to diverse Lords for the weale honour and safeguard of the King his regalty and of all the Realme the tenour of which Commission hereafter followeth Richard c. as in the Act. And thereupon the said Alexander Robert Mighill Robert and Nicholas and their said adherents seeing that their said evill governance should be perceived and they by the same cause more likely to be punished by good justice to be done and also their evill deedes and purposes before used to be disturbed by the sayd Lords assigned by commission as afore made conspired purposed divers horrible Treasons and evils against the King and the said Lords so assigned and against all the other Lords and Commons which were assenting to the making of the said Ordinance and Commission in destruction of the king his Regalty and all his Realme Whereupon Thomas Duke of Glocester the kings Vncle Richard Earle of Arundle and Thomas Earle of Warwicke perceiving the evill purpose of the sayd Traytors did assemble themselves in forcible manner for the safety of their persons to shew and declare the said Treasons and evill purposes and thereof to set remedie as God would and came to the Kings presence affirming against the said 5. Traytors appealed of High Treason by them done to the King and to his Realme upon which appeale the king our Soveraigne Lord adjourned the said parties till this present Parliament and did take them into his safe protection as in the record made upon the same appeale fully appeareth And afterwards in greâ—t Rebellion and against the said protection the said Traytors with their said adherents and others aforesaid continuing their evill purpose some of them assembled a great power by letters and Commission from the King himselfe as Walsingham and others write to have destroyed the said Duke and Earles appellants and other the kings lawfull leige people and to accomplish their Treasons and evill purposes aforesaid Whereupon the said Duke of Glocester Henry Earle of Darby the sayd Earles of Arundell and Warwicke and Thomas Earle Marshall Seeing the open Destruction of the King and all his Realme if the said evill purposed Traitors and their adherents were not disturbed which might not otherwise have beene done but with strong hand for the weale and safeguard of the King our Soveraigne Lord and of all his Realme did assemble them forcibly and rode and pursued till they had disturbed the said power gathered by the said Traytors and their adherents aforesaid which five Traytors be attainted this present Parliament of the Treasons and evills aforesaid at the suite and appeale of the said Duke of Glocester Earles of Darby Arundle Warwicke and Marshall That it would please our redoubled Soveraigne Lord the King to accept approve and affirme in this present Parliament all that was done in the last as afore and as much as hath beene done since the last Parliament by force of the statute Ordinance or Commission aforesaid and also All that the said Duke of Glocâ—ster Earles of Arunâ—ell and Warwicke did and that the same Duke and Earles and the said Earles of Derby and Marshall or any of them did Or any other of their company or of their ayde or of their adherents or of any of them or touching the Assemblies Ridings Appeales and Pursuites aforesaid â— As a thing made to the Honour of God Salvation of the King maintenance of his Crowne and also of the Salvation of all his Realme therefore doubtlesse no Treason Rebellion nor any offence in point of Law and also to Or 〈◊〉 and Stâ—blâ—sh that ' the said Duke of Glâ—câ—ster Earles of Darby Arundell Wâ—rwicke and Marshall nor none of them nor none of such as have beene of their returne or company force ayde or councell or any of them in the things aforesaid nor none other person for any thing aforesaid shall be impeached molested or grieved at the suite of the king nor of the party nor in other manner because of any assembly riding beating levying of Penons or of Banners discomfiture death of a man imprisonment of any person taking leading away or detinue of any horses
and flee from when as they want power meanes or convenience to resist it they may no doubt lawfully resist even with force of Armes when they have sufficient meanes and conveniences to resist and cannot flee or submit thereto without the publicke ruine since the same justice and equity which enables them by flight or stratagem to decline unjust assaults of a superior power or its judgements doth likewise enable them to escape and prevent it with resistance when they cannot doe it by flight or other policiâ— If then they may lawfully with a safe conscience hide flee or use lawfull policies to prevent the open injust violence of their kings and their Officers when not guilty of any capitall crime deserving censures because by the very light of nature and Law of Charity they are obliged to preserve themselves from unjust tyrannie and are no wayes bound to subject themselves to the cruelty the unjust assaults or oppressions of others then by the selfesame reason they may lawfully with force of Armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto when as they cannot conveniently secure themselves and the publicke but by such resistance and should both betray their owne the publicke safety and Religion as the Subjects and Parliament should now do in case they did not resist by force of Armes to the utmost of their power and become worse than Infidels who have even thus oft provided for their owne and the Republickes securitie Fifâ—ly God himselfe the fountaâ—ne of justice the God of Order the preserver of humane society who detests of all tyranny cruelty oppression injustice out of his Philanthropie which brought the Sonne of his bosome from heaven to earth would never certainely in point of policy or conscience prohibit that which is the onely probable meanes and apparent remedy to prevent suppresse disorder tyranny cruelty oppression injustice yea confusion in the world and to preserve good order and humane society a truth so apparent that no rationall man can contradict it Therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence and hostile invasion made upon their people to ruine them or subvert their established government Laws Liberties Iustice Religion There being no other probable ordinary meanes left to any Kingdome Nation People to preserve their government lives Lawes Liberties Religion and to prevent suppresse or redresse tyrannie cruelty disorder confusion yea utter ruine when their Kings and Governors degenerate into Tyrants invading them with open force but onely defensive Armes prayers and teares alone without military opposition by force of Armes being no more able to defend a person City or Kingdome against Opprâ—ssing Princes and their Armies then against theeves Pyrates or common enemies whom they must and ought to resist as well with Armes as Orisons with Speares as well as Teares else they should but tempt the Lord and destroy themselves like those Iewes and Gothes who would not fight upon the Sabbath and so were slaine by their enemies without resistance yea wilfully suffer the Common-weale to be subverted Religion exâ—irpated Lawes trampled under feete their own posterities to be enslaved ruined without any opposition even in a moment For were it utterly unlawfull and no lesse then Treason or Rebellion in point of conscience for any subjects to take up Defensive Armes to resist the Kings army or forces consisting for the most part of Papists Delinquents deboist Athesticall persons of broken fortunes seared consciences and most irreligious lives I appeale to every mans conscience how soone these unresisted Instruments of cruelty would utterly extirpate our protestant Religion and common faith for which we are enjoyned earnestly to contend and strive 〈◊〉 3. Phil. 1. 27. 28. And shall we then yeeld it up and betray it to our adversaries without strife or resistance how sodainely would they ruin our Parliament Lawes Liberties subvert all civill order government erect an arbitrary Lawlesse tyrannicall Regency regulated by no lawes but will and lust how soone would they murther imprison execute our Noblest Lords Knights Burgesses best Ministers and Commonwealths-men for their fidelity to God their King and Country how many Noble families would they disinherite how many wives widdowes Virgins would they force and ravish what Cities what Countries would they not totally pillage plunder sack ruine consume with fire and sword how soone would our whole Kingdome become an Acheldama a wildernesse a desolation and the surviving inhabitants either slaves or beasts if not devils incarnate Yea how speedy might any private Officers Captaines Commanders by colour of illegall Comâ—issions and commands from the King or of their Offices and all the notorious rogues and theeves of England under colour of being listed in the Kings Army if the people might not in point of Law or Conscience resist them with Armes who came armed for to act their villanies maliciously rob spoyle plunder murther all the Kings leige people without any remedy or prevention and by this pretext that they are the Kings Souldiers sodainely seise and gaine all the armes treasure forts ammunition power of the Realme into their possessions in a moment and having thus strengthned themselves and slaine the Kings faithfull subjects usurpe the crown it selfe if they be ambitious as many private Captaines and Commanders have anciently slaine divers Roman and Grecian Emperours yea sundry Spanish Gothish and Moorish Kings in Spain by such practises and aspired to their Crowns of which there are sundry such like presidents in most other Realmes to prevent redres which severall destructive mischiefes to People Kingdome Kings themselves God himselfe hath left us no other certaine proper sufficient remedy but a forcible resistance which all Kingdomes Nations throughout the world haue constantly used in such cases as I shall manifest more largely in the Appendix Therefore certainely it must needs bee lawfull being Gods and Natures speciall Ordinance to secure innocent persons Cities Nations Kingdomes Lawes Liberties Lives Estates Religion and mankinde it selfe against the hurtfull Lusts of unnaturall Tyrants and their accursed instruments against ambitious treacherous male-contented Spirits maliciously bent against the publicke weale and peace There are two things onely which usually restraine inferiour persons from murthering robbing disseising injuring one another the one is feare of punishment by the Magistrate the other feare and danger of being resisted repulsed with shame and losse of limbe or life by those they violently assault injure and were this once beleeved received for Law or Divinity in the world that it were unlawful to resist repulse a theefe murtherer riotor or disseisor comming in the Kings name long enjoy his life goods liberty lands but some or other would deprive him of them notwithstanding all restraints of Lawes of penalties and maintaine suites against him with his owne estate violently seised on the right of lawfull defence being every
Allies and other neighbour States or Princes may with good Conscience repulse with Armes from Subjects wrongfully oppressed invaded tyrannically by their Soveraignes or their wicked Instruments at or without the Subjects intreaty when they are unable to relieve themselves no doubt the Subjects themselves if able may with better reason and as good Conscience resist and repell because every man is nearer and more oblieged to defend and preserve himselfe and those of his owne Nation Religion blood then strangers are and may with lesse publick danger inconvenience and more speede effect it then Forraigners but Allies and Forraigne Neighbour States and Princes as Gratian out of the 5. Councell of Carthage Augustine Ambrose Hierâ—m Anastatius Calistus and other Albericus Gentilis Iohn Bodin Hugâ— Grotius and Generally all Canonists Casuists Schoolemen accord may in many cases with good conscience by force of Arms repulse from Subjects wrongfully oppressed invaded and tyrannically abused the injuries offered them by their Soveraignes and that either at and in some cases without the Subjects intreaty Which they prove by Moses his slaying the Aegyptian that oppressed the Hebrew Exod. 2. 11. to 15. by Ioshua his ayding of the Gibeonites against the five Kings that made war against them Iosh. 10. by the example of Iehoshaphat 1 Kin. 22 2 Kings 3. Of the chiefe Captaines securing Paul with a gard of Souldiers against the Iews who had vowed his death Acts 23. by Abrahams rescuing Lot Gen. 14. by sundry ancient and late Examples in story Therfore Subjects themselvs no doubt if able may with good reason and conscience lawfully resist and repell their Princes invading Forces though accompanied assisted with his personall presence Fifthly It is yeelded by all Divines Lawyers Canonists Schoolemen as Gratian Banâ—es Sâ—to Lessius Vasquius Covaruviâ—s Aquinas Sylvester Bartolus Baldus Navarre Albericus Gentilis Grotius and others that private men by the Law of God and nature may in defence of their lives chastities principall members and estates lawfully resist all those who forcibly assault them to deprive them thereof yea and slay them to unlesse they be publicke persons of eminencie by whose slaughter the Commonweale should sustaine much prejudice whose lives in such cases must not be willingly hazzarded though their violence be resisted which is cleerely prooved by Iudges 11. 8. 15. to 18. 1 Saâ— 17 41. to 53. Deut. 22. 26. 27. since therefore all these are apparently indangered by an invasive warre and Army more then by any private assaults and no ayde no assistance or protection against the losse of life chastitie estate and other violences injuries which accompany wars can be expected from the Lawes or Prince himself the fountaine of this injustice or legall punishments inflicted on the malefactors whose armed power being above the reach of common justice and injuries countenanced abetted authorised by the Soveraigne who should avenge and punish them every subject in particular and the whole state in Parliament assembled in generall may and ought in point of conscience joyntly and severally to defend themselves their neighbours brethren but especially their native Countrey Kingdome whose generall safety is to be preferred before the lives of any particular persons how great or considerable soever which may be casually hazarded by their owne wilfulnesse though not purposely endangered or cut off in the defensive incounter by those who make resistance And if according to Cajetan and other Schoolemen Innocents which onely casually hinder ones â—light from a mortall enemie may be lawfully with good conscience slaine by the party pursued in case where he cannot else possibly escape the losse of his owne life because every mans ownelife is dearer to him then anothers which he here takes away onely to preserve his ownelife without any malicious murtherous intent though others doubt of this case or if innocent persons set perforce in the front of unjust assailants as by the Cavalleirâ—s at Brainford and elsewhere to prevent defence and wrong others with more securitie and lesse resistance may casually be slain though not intentionally by the defensive party as I thinke they may for prevention of greater danger and the publicke safety then certainely those of publicke place and Note who wilfully and unnaturally set themselves to ruine their Country Liberty Religion Innocent brethren who onely act the defensive part and voluntarily intrude themselves into danger may questionlesse with safe conscience be resisted repulsed in which if they casually chance to lose their lives without any malice or ill intention in the defeâ—dants it being onely through their owne default such a casuall accident when it happens or the remote possibility of it in the combate before it begins cannot make the resistance either unjust or unlawfull in point of conscience for then such a possibility of danger to a publike person should make all resistance unlawfull deprive the Republicke wholly of this onely remedy against tyrannicall violence and expose the whole common-weale to ruine whose weale and safety is to be preferred before the life or safety of any one member of it whatsoever Having thus at large evinced the lawfulnesse of Subjects necessary forcible resistance defensive wars against the unjust offensive Forces of their Soveraignes I shall in the next place answere the principall arguments made against it some whereof for ought I finde are yet unanswered These Objections are of foure sorts out of the Old Testament the New from reason from the example of the primitive Christians backed with the words of some Fathers I shall propound and answere them in order The first out of the Old Testament is that of Numb 16. Korah Dathan and Abiram for their insurrection against that very divine Authority which God himselfe had delegated to Moses and Aaron without any injury or injustice at all once offered to them or any assault upon them Ergo marke the Non-sence of this argumentation no Subjects may lawfully take up meere necessary defensive Armes in any case to resist the bloody Tyrannie Oppression and outrages of wicked Princes or their Cavalleires when they make warre upon them to destroy or enslave them An Argument much like this in substance No man ought to rise up against an honest Officer or Captaine in the due execution of his Office when he offers him no injury at all Therefore he ought not in conscience to resist him when he turnes a theefe or murtherer and felloniously assaults him to rob him of his purse or cut his throate Or private men must not causelesly mutinie against a lawfull Magistrate for doing justice and performing his duty Ergo the whole Kingdome in Parliament may not in Conscience resist the Kings Captaines and Cavalleeres when they most unnaturally and impiously assault them to take away their Lives Liberties Priviledges Estates Religion oppose and resist justice and bring the whole Kingdome to utter desolation The
13. 4. But if thou doe that which is evill be afraid for he beareth not the sword in vaine for he is the minister of God a revenger to execute wrath upon them that doe evill So that the genuine sence of the place is and must be this Stand not in an evill matter for the king hath an absolute power to doe whatsoever he pleaseth in way of justice to punish thee if thou continue obstinate in thy evill courses to pardon thee if thou confesse submit and crave pardon for them Ergo the king and his Cavalleeres have an absolute power to murther plunder destroy his Subjects subvert Religion and he and his Forces must not herein be resisted is an ill consequent from such good premises The third is this Where the word of a King is there is power and who may say unto him what dost thou that is expostulate with censure him for doing justly as Iob 34. 17. 18. 19. expound it Ergo the king or his Forces may not be resisted in any case they might rather conclude Therefore neither Kingdome nor Parliament nor any Subject or person whatsoever ought to demand of the king to what end or why he hath raised Forces and Armed Papists against the Parliament and Protestant Religion These Court-Doctors might as truely conclude from hence If the king should command us to say Masse in his Chappell or our Parishes to adorne Images to turne professed Masse-priests c. to vent any Erronious Popish Doctrines to pervert the Scriptures to support Tyrannie and lawlesse cruelty we must and will as some of us doe cheerefully obey for where the word of a King is there is power and we may not say unto him what dost thou If a King should violently ravish matrons defloure virgins unnaturally abuse youth cut all his Subjects throates fire their houses sacke their Cities subvert their liberties and as Bellarmine puts the case of the Popes absolute irresistible authority send millions of soules to hell yet no man under paine of damnation may or ought to demande of him Domine cur ita facis Sir what doe you But was this the holy Ghosts meaning thinke you in this place If so then Nathan was much to blame for reprehending king Davids Adultery Azariah and the 40. Priests who withstood King Vzziah when he would have offered incensâ— on the incense Altar and thrust him out of the Temple telling him it pertaineth not to thee Vzziah to burne incense to the Lord c. Were no lesse then Traytors Iohn Baptist was much over-seene to tell King Herod It is not lawfull for thee to have thy brothers wife The Prophet who sharpely reprehended Amaziah for his Idolatry and new altar 2 Chron 25. 15. 16. was justly checked by the king Elâ—iah was to be rebuked for telling Ahab so plainely of his faults and sending such a harsh message to King Abaziah Elisha much to be shent for using such harsh language to King Iehoram 2 Kings 3. 13. 14. yea Samuel and Hanani deserved the strappado for telling King Saul and Asa That they had done foolishly â— Sam. 13 3. 2 Chron. 15. 9. The meaning therefore of this Text so much mistaken unlesse we will censure all these Prophets and have Kings not onely irresistible but irreprehensible for their wickednesse is onely this No man may presume to question the kings just actions warranted by his lawfull royall power this text being parallel with Rom. 13. 1. 2. 3. 4 What then Ergo None must question or resist his or his Cavalleers unjust violence and proceedings not the Parliament the supremest Iudicature and Soveraigne Power in the Kingdome is a ridiculous consequence yet this is all this Text doth contribute to their present dying bad cause The 5. is that usually objected Text of Psal. 105. 14 15. Touch not mine annointed Ergo the King and his Cavaleers must not be so much as touched nor â—esisted I wonder they did not as well argue Ergo none must henceforth kisse his Majesties hand siâ—ce it cannot be done without touching him neither must his Barber trim him nor his Bedchamberâ— men attire him for feare of high Treason in touching him And the Cavaleers must not henceforth be arrested for their debts apprehended for their robberies and murthers neither must the Chyrurgiâ—n dresse their wounds or pock-soars or otherwise touch them so dangerous is it to touch them not out of fear of infection but for fear of transgressing this sacred Text scarce meant of such unhallowed God-dammeeâ— Such conclusions had been more literall and genuine then the first But to answer this long since exploded triviall Objection not named by Dr Ferne though revived by others since him I say first that this Text concernes not kings at all but the true anoynted Saints of God their Subjects whom kings have been alwayes apt to oppresse and persecute witnesse Psal. 2. â— c. Act 4. 26. 27. Act. 12. 1 2 3 with all sacred and Ecclesiasticall Histories ancient or moderne This is most apparent first because these words were spoken by God to Kings themselves as the Text is expresse Psal 105 14 15. 1 Chron. 16. 20. 21. He suffered no man to do them wrong but reproved even KINGS for their sakâ—s saying even to king themselves namely to king Pharaoh an king Abimelech Gen. 12. 10. to 20. Chap. 20. and 26 1. to 17. 29 Touch not mine Anointed and do my Prophets no harm Therefore not meant of kings Secondly because these words were spoken directly and immediately of Abraham Isaac Iacob their wives and families as it is evident by Verse 6. the whole series of the Psalme which is Historicall the forecited Teâ—ts of Genesis to which the words relate the punctuall confession of Augustine and all other Expositors on this Psalm Now neither they nor their wives nor their children clearly were actuall much lesse anointed Kings For first they lived long before the government of kings was erected among the Israelites of whom Saul was the first 2. They had no kingdom nor territories of their own when these words were uttered but were strangers in the Land going from one Nation and Kingdom to another sojourning obscurely like Pilgrims and Strangers upon earth in Egypt and Gerar under King Pharaoh Abimelech and other Princes not as kings but subjects and priâ—ate men as Verse 12. 13. Gen. 12. and 20. and 26 Chap. 36. 7. Chap. 37. 1. Deut. 23. 7. Hebr. 11. 13. resolve Thirdly They were but very few men in number Verse 12. Genesis 34. 30. they were Masters onely of their own small families and that under forraign Kings therfore doubtlesse no kings at all Fourthly this was spoken of these Patriarchs Wives and Families as well as of themselves and they certainly were no kings unlesse you will have kingdoms consisting onely of kings and no subjects at all Verse 12. 14. Gen. 12. 15. to 20. Chap. 20. 2. to 17. Chap. 26. 11. Chap. 34. 30.
I answer First That this Text speakes onely of the promotion or Reigne of Kings not of the erection and power of Monarchies and so doe Daniel 2. 21. c. 4. 17. 25. c. 5. 2â— 28. with the other objected Scriptures Secondly If it be meant of the rule of Kings then true it is that good Kings Reigne by Gods direction according to his word executing justice and judgement 〈◊〉 he enjoynes them But then it is not true of wicked Kings and Tyrants who though they Reigne by Gods Providence or permission yet they rule not by his word and will as he prescribesthem Thirdly If it be meant of the meanes and manner of Kings comming to their Kingdomes as I conceive it is and the Texts of Daniel perswade True it is first That some Kings Reigned and came to the Crowne by Gods immediate nomination and designation as Saul David Solomon Ieroboam Iehu and Hazael did But that all or most did heretofore or now doe so especially in Pagan Kingdomes is a notorious falshood Secondly it is true That most lawfull Kings in hereditary or elective Kingdomes come to their Crownes and Reigne though not by Gods immediate nomination yet by his ordinary or speciall providence though it be untrue of Vsurpers and Tyrants who come to Reigne by Treason Murther or other unlawfull meanes and so by Gods permission onely rather than his providence and then the sense of the place is but this That Kings receive their Crownes and Reigne by Gods generall or more speciall providence Which I thinke is the full and proper sense of the place In this sense C. Plinius Seeundus a heathen in his admirable Panegyric to the Emperour Trajan a Pagan Rhetorizeth thus of him Quid enim praestabilius est aut pulchrius munus Deorum quam castus sanctus Diis simillimus Princeps Ac si adhuc dubium fuisset sorte casuque Rectores terris an aliquo numine darentur Principem tamen nostrum liqueret DIVINITUS CONSTITUTUM Non enim occulta potestate fatorum sed ab Iove ipso coram ac palam repertus electus est c. Which Tertullian thus seconds speaking even of the Roman Pagan Emperours Inde est Imperator under homo antequam Imperator inde Potestas ei unde spiritus Per Deum tantus est So Irenaeus Cujus jussu homines nascuntur hujus jussu Reges constituuntur And Diodorus Siculus of the Aegyptians Existimant non SINE DIVINA QUADAM PROVIDENTIA pervenisse ad summam de omnibus Potestatem So the Esses hold this opinion Non obtingit cuiquam Imperium sine Dei cura speciali So Vitigis Omnis Provectus maxime Regius ad Divinitatis munera referendus est and Clemens Romanus too Regem timeto sciens Domini esse electionem Which Grotius de Iure Belli l. 1. c. 3. Sect. 8. confirmes with other Authorities all concurring in this That Kings and Emperours are such onely by the selfe-same PROVIDENCE OF GOD by which they were men before they were Emperours which gives them no greater Prerogative in respect of irresistibility in unjust exorbitant actions then their being men by the selfe-same providence of God gave them before they were Emperours as Tertullians words most clearely prove But what priviledge this alone should yeeld to Kings more than to any other Magistrates Men or Beasts for my part I cannot yet discerne For doth not the same Text say of Nobles Princes Judges as well as of Kings Prov. 8. 15 16. By me Princes put as contradistinct to Kings decree justice By me Princes Rule AND NOBLES YEA ALL JUDGES OF THE EARTH Doth not David say of all kinde of Promotions whatsoever Psal. 113. 7 8. The Lord raiseth the poore out of the dust and lifteth the needy out of the dunghill that he may set him with Princes even with the Princes of his people And Psal. 75. 5 6. Promotion commeth neither from the East nor from the South but God is the Iudge he putteth downe one and setteth up another Nay doth not Christ informe us That the very haires of our head are all numbred That two sparrowes are sold for a farthing and yet one of them shall not fall on the ground without our Fathers providence Yea doth not every man yea every Bird Beast Fish Raven and living creature whatsoever as the Scripture expressely resolves receive enjoy their Lives Honours Offices Estates food rayment being preservation by Gods generall and speciall providence as well as Kings their Crownes Honours Lives Estates And is not the providence yea are not the very Angels of God who are all ministring spirits sent forth to minister to them who shal be heirs of salvation as vigtiant â—ver every pious Christian though never so mean despicable as over the greatest Monarch in the world If so as all men must necessarily acknowledge there being no râ—spect at all of persons with God who accepts not the persons of Princes regards the rich no more thâ—n the poor for they are all the work of his hands then kings reigning by the Providence of God can of itself no more â—xempâ— them from resistance censures deprivations for their deteâ—table publike crimes then it exempts any other Nobles Princes Iudges Magâ—strates Christians or the meanâ—st subiects whatsoever which I shall make good by one more unanswerable demonstration There is not one of our Antagonists but will acknowledge that Prie sunder the Law and all Ministers under the Gospell if rightly qualified are made such not only by Gods speciall Pâ—ovidence but likewise by Divine institution from God himself Nay Tollet Willet and many others on this very Text of the Romanes make a difference between the civill and Ecclesiasticall Regiment and Power for the first say they is so from God that yet the institution thereof may be devised and altered by man and therefore Peter calls it the Ordinance of man but the spirituall Power is immediatelly instituted by God and no wayes alterable or determinable by man And therefore the Apostle saith Ephes. 4. 11. He gave some to be Apostles some Prophets some Evangelists c. So that by their determination Ministers are more Gods Ordinance and more jure Divino then Kings yea but few years since they all professed themselves to be as much if not more Gods anointed then Kings and some of our Archest Prelates made publike challenges in â—he open Court That if they could not prove their Lordly Episcopacy to be Iure Divino they would presently burn their Rochets and lay down their Bishopricks though they never made good their promises to doubt whether the Pope and his supreme Authoritie be iure Divino by Christs own immediate institution deserves a fagot in the Roman Church Yet not withstanding all this Divine Right and institution our Opposites will grant That if Popes Archbishops Bishops Priests Ministers preach false Hereticall doctrines oppresse wound slay rob
the soule of which the conscience is a chief-overruling part This then being altogether irrefragable gives our Antagonists with Dr. Fern an etern all overthrow and unavoidably demonstrates the resistance of the Higher Powers here prescribed to be only of iust lawfull powers in their lâ—st commands or punishments which we must neither corporally verbally nor so much as mentally resist but readily submit too with our very soules as well as bodies not of Tyrants or ungodly Rulers uniust oppressions Forces proceedings to subvert Religion Lawes Liberties which all our Opposites all Divines whatsoever grant we are bound in conscience passively to resist and disobey yea with our Tongues to reprehend and our Souls and spirits to oppose detest abhorre hate in the very highest degree of opposition notwithstanding this inhibition And therefore by like reason are no wayes prohibited but authorized by it even forcibly to resist to our utmost power have we meanes and opportunity so to doe as the Parliament now hath That power and procâ—edings which Christians may lawfully with good conscience yea and are bound to resist with all their souls minds tongues they justly may and must likewise resist with all their corporall might and strength especially if they have good opportunity publike encouragements and meanes to do it as Deut. 6. 12. 1 Pet. 5. 9. Iude 3. 4. Phil. 1. 27 28. 1 Cor. 16. 13. compared together and with the premised Scriptures fully evidence But Christians may lawfully with good conscience yea must resist with all their souls minds tongues the fore-named violent proceedings of kings Oppressors ill Counsellors and Cavaleers and no wayes submit unto them with their souls minds tongues lest thereby they should approve and be partakers with promoters of their execrable deâ—ignes therefore they may and must with safe conscience resist them with all their corporall might and strength having now opportunity a Parliamentary publike command and sufficient meanes to execute it And thus have I now at last not onely most clearly wrested this sword out of the hands of our great opposite Goliahs but likewise cut off their heads and so routed all their forces with it as I trust they shall never be able to make head againe Yet before I wholly take my leave of this Text to gratifie our Prelaticall Clergy I shall for a parting blow adde this one observation more That all our Popish Clermen heretofore and many of them till this day notwithstanding the universality of this Text Let every soule be subject to the higher Powers c. not only Pretended themselves to be of right exempted from the jurisdiction censures taxes of Emperours Kings and all Civill Magistrates Which priviledges some of our late Prelates began to revive as the late cases of Mr. Shervill the Maior of Arundel and some others evidence censured for punishing drunken Priests but likewise held it lawfull to censure excommunicate depose even Emperours and Kings themselves and interdict their Kingdomes witnesse not only the Popes excommunications of many Emperours and Kings by apparant usurpation and injury but of sundry Prelates excomunications of their own Soveraigns as of right and putting them to open penances as K. Suintilla Sancho Ramir in Spain and others elswhere of which you may read divers presidents in my Appendix The History of St. Ambrose his excommunicating the Emperour Theodosius for the bloody murther of those of Thessalonica is so commonly known that I need not spend time to recite it nor yet the excommunications and censures of our King Iohn or Henry the 2. and 3. Suano King of Denmark as Saxo-Grammaticus records was not onely sharply reprehended but excommunicated in a most bold and solemn manner by one of his Bishops for his uncleannesse and murthering some eminent persons of whom he was jealous whiles they were at their devotions in the Câ—urch This Bishop instead of meeting this King when he came to enter into the Church with accustomed veneration clad in his Pontisicalibus with his Crosier Staffe kept him from entring so much as within the Court thereof calling him not by the name of a King which he suppressed but a shedder of mans blood and not content to chide him he fixed the point of his Staffe in his brest preferring the publike scandall of Religion before private society not being ignorant that the Offices of familiarity were one thing the rights of Priesthood another thing that the wickednesses of Lords as well as servants ought to be revenged nor are Noble-mens crimes to be more partially censured then ignoble ones And not content thus to repulse him he added an execration therunto and denounced a sentence of damnation against him in his presence so as he left it doubtfull whether he repulsed him more valiantly with his hand or voyce Hereupon the King considering this Act to proceed from zeale and publike seveâ—ity against wickednesse and being confounded with the blush of his guilty conscience forbad any to resist his violence and patiently underwent heard both his repulse and reprehention After which this King laying aside his royall Robes put on old course apparell desiring rather to testifie his sorrow by the deformity of his habit then his contempt by the splendor of it And struck with so sad a sentence of the Bishop he would not indure to carry about the ornaments of Royall Magnificence but casting away the ensignes of Regall Majesty he put on sack-cloth the badge of peniâ—ence putting off his power likewise together with his vestment and of a sacrilegious Tyrant became a faithfull reverencer of holy things For returning bare-foot to the Church-porch he cast himselfe prostrate in the entrance thereof and humbly kissed the ground suppressing the griefe which is wont most sharply to be inflicted from contempt with shamefac'â—nesse and moderation redeeming the fault of his bloody reigne with shame and penitence After which confessing his fault and craving pardon with teares of the Bishop he was absolved and then putting on his Royall Robes admitted into the Church and brought up to the Altar to the exceeding joy of the people who applauding the kings humiliation and modesty plus poenitentia pium quam imperio scelestum euasisse coâ—fessus A memorable story of a zealous stout Prelate and of a penitent submissive wild Prince I shall only adde to this some few domestick presidents of our Welch Kings Teudur king of Brecknock for his periury and murther of Elgistill another King of that Countrey was solemnly excommunicated by Gurcan the 10. Bishop of Landaffe and his Clergy in a Synod assembled for this purpose by uncovering the Altars casting the Crosses and Reliques on the ground and depriving him of all Christian communion Whereupon Teudur unable to undergoe this malediction and rigorous iustice with a contrite heart and many teares powred forth craved pardon of his crimes and submitted himselfe to the penance imposed on him according to his quality and greatnesse King Clotri slaying Iuguallaun
treacherously contrary to his League and Oath Berthgwin the 14. Bishop of Landaffe hearing thereof assembled a Synod of his Clergy at Landaffe and solemnly excommunicated the King with all his Progeny and Kingdom by uncovering the Altars casting down the Crosses on the earth and depriving the Countrey both of Baptisme and the Eucharist Whereupon the King unable to endure so great an excommunication with great deiection submitted himselfe to the Bishop and leaving his Kingdom went on pilgrimage into forraign parts for a long space after which returning by the intercession of king Morcant he obtained abâ—olution from the Bishop to whose enioyned penance he submitted himself conferring divers Lands upon the Church And in another Synod at Landaffe under this Bishop King Gurcan for living incestuously with his Mother-in-law was solemnly excommunicated in form aforesaid whereupon he craved pardon resolved to put away his Mother-in-law promised satisfaction by k. â—udhail his Intercessor upon which he was absolved upon promise of amendment of life with fasting prayer and almes after which he bestowed divers Lands on the Church Houell king of Gleuissig contrary to his Oath League trecherously circumverring and slaying Gallun hereupon Cerenhir the 18. Bishop of Landaffe calling a Synod solemnly excommunicated him by laying all the crosses on the ground overturning the Bells taking the Reliques from the Altar and casting them on the ground depriving him of all Christian communion under which excommunication he remained almost a whole yeers space After which this king came bare-foot to the Bishop imploring his absolution from this sentence with many teares which he obtained after publke penance enoyned Not long after the same Bishop and his Clergy in another Synod for the like crime in the self-same forme excommunicated Ili sonne of Conblus till he came bare-footed with teares and prayed absolution which upon performance of enjoyned penance promise of future reformation with prayers fasting almes and the setling of some Lands on the Church was granted him by the Bishop So Loumarch son of Cargnocaun was in a full Synod excommunicated by Gulfrid the 20. Bishop of this See for violating the patrimony of the Church and king Brochuail with his family convented before a Synoâ—e threatned Excommunication enjoyned Penance and satisfaction by the Synode for some injuries offered to to Ciueilliauc the two and twentieth Bishop of Landaffe Mauric King of of Glamorgan was excommunicated by Ioseph the eigth and twentieth Bishop of Landaffe for treachâ—rously putting out the eyes of Etguin during the truce between them After which he was again publikely excâ—mmunicated in a Synode for violating the Sanctuarie of the Church of Landaffe and hurting some of this Bishops servants and not absolved till he made his submission and did his Penance and gave some laâ—ds to the Church for satisfaction of these offence Thus Calgucam King of Morganauc and his whole family were solemnly excommunicated by Herâ—wald the nine and twentieth Bishop of Landaffe in a Synod of all his Clergy onely because one of the Kings followers being drunk laid violent hands upon Bathutis the Bishops Physitian and Kinsman on Christmas day Anno 1056. Whereupon all the Crosses and Reliques were cast to the ground the Bells overturned the Church doors stopped up with thorns so as they continued without a Pastor and Divine Service day and night for a long season till the King though innocent submitted himself to the Bishop and to obtain his absolution gave Henâ—inguinna to him and his Successors for ever free from all secular and royall services in the presence of all the Clergie and people So Richard the tenth Bishop of Bangor excommunicated David ap Lhewelin Prince of Wales for detaining his brother Griffith prisoner contrarie to his Oath repairing to him upon the Bishops word for his safe return who never left vexing him till he had delivered him up to to the King of Englands hands Many such presidents of Prelates censuring and excommunicating their Kings occur in Storie which for brevity I pretermit onely I shall inform you that Iohn Stratford Archbishop of Canterbury in the 14. year of K. Edw. 3 contesting with this King and excommunicating divers of his followers and all the infringers of the Churches Liberties presumed to write thus unto his Soveraign There are two things by which the world is principally governed The sacred Pontificall authority and the royall power of which the Priesthood is by so much the more weighty ponderous and sublima by how much they are to give an account of kings themselves at the Divine audit And therefore the kings Majesty ought to know that you ought to depend on their judgement not they to be regulated according to your will For who doubteth that the priests of Christ are accounted the FATHERS AND MASTERS of Kings Princes and all faithfull Christians Is it not known to be a part of miserable madnesse if the son should endeavour to subjugate the Father the servant the master to himself The Canonicall authority of Scriptures testifieth that divers Pontiffs have excommunicated some of them Kings others Emperours And if you require somewhat in speciall of the persons of Princes Saint Innocent smote the Emperour Archadius with the sword of excommunication because he consented that Saint John Chrysostom should be violently expelled from his See Likewise Saint Ambrose Archbishop of Millain for a fault which seemednot so hainous to other priests excommunicated the Emperour Theodosius the great From which sentence having first given condigne satisfation he afterwards deserved to be absolved and many such like examples may be alleaged both more certain for time and nearer for place Therefore no Bishops whatsoever neither may nor ought to be punished by the secular Power if they chance to offend through humane frailtie For it is the duty of a good and religious Prince to honour the Priests of God and defend them with greatest reverence inimitation of the Pious Prince of most happy memory Constantine saying when the cause of Priests was brought before him You cannot be iudged by any to wit of the secular judges who are reserved to the iudgement of God alone according to the assertion of the Apostle very ill applied saying The spirituall man is iudged of no man 1 Corinth 2. 15. Not mean of Bishops or Clergie-men but Saints alone endued with Gods Spirit not of judging in courts of iustice but of discerning spirituall things and their own spirituall Estates as the Context resolves Thus and much more this Prelate who notwithstanding this text of the Romanes pleads an exemption of all Bishops and Priests from the kings secular power by Divine Authority and arrogates to Priest and Prelates a iudiciary lawfull power over Kings themselves to excommunicate and censure them for their offences And to descend to later times even since the the Reformation of Religion here Iohn Bridges Dean of Sarum and Bishop of Oxfort even in his Book intituled The supremacy of Christian Princes over
sence and reason that any man or Nation should so absolutely irresistably inslave themselves and their Posterities to the very lusts and exorbitancies of Tyrants and such a thing as no man no Nation in their right sences were they at this day to erect a most absolute Monarchie would condescend to then clearly the Apostle here confirming onely the Ordinances of men and giving no Kings nor Rulers any other or greater power then men had formerly granted them for that hâ—d been to alter not approve their humane Ordinances I shall infallibly thence inferre That whole States and Subjects may with safe conscience resist the unjust violence of their Kings in the foresaid cases because they never gave them any authority irresistably to act them nor yet devested themselves much lesse their posterity whom they could not eternally inslave of the right the power of resisting them in such cases whom they might justly resist before whiles they were private men and as to which illegall proceedings they continue private persons still since they have no legall power given them by the people to authorize any such exorbitances Fourthly The subjection here enjoyned is not passive but active witnesse ver 15. For so is the will of God that by WELL DOING to wit by your actuall cheerfull submission to every Ordinance of man for the Lords sake c. you put to silence the ignorance of foolish men as free and not using your liberty c. If then this Text be meant of active not passive obedience then it can be intended onely of lawfull Kings of Magistrates in their just commands whom we must actually obey not of Tyrants and Oppressours in their unjust wicked proceedings whom we are bound in such cases actually to disobey as our Antagonists grant and I have largely evidenced elsewhere Wherefore it directly commands resistance not subjection in such cases since actuall disobedience to unjust commands is actuall resisting of them And that these Texts prescribing resistance tacitely should apparantly prohibit it under pain of Treason Rebellion Damnation is a Paradox to me Fifthly This Text doth no way prove that false conceit of most who hence conclude That all Kings are the Supream Powers and above their Parliaments and whole Kingdoms even by Divine institution There is no such thing nor shadow of it in the Text. For first This Text calls Kings not a Divine but Humane Ordinance If then Kings be the Supreamest Power and above their Parliaments Kingdoms it is not by any Divine Right but by Humane Ordination onely as the Text resolves Secondly This Text prescribes not any Divine Law to all or any particular States nor gives any other Divine or Civill Authority to Kings and Magistrates in any State then what they had before for if it should give Kings greater Authority and Prerogatives then their people at first allotted them it should alter and invade the settled Government of all States contrary to the Apostles scope which was to leave them as they were or should be settled by the peoples joynt consent It doth not say That all Kings in all Kingdoms are or ought to be Supreame or let them be so henceforth no such inference appears therein It speaks not what Kings ought to be in point of Power but onely takes them as they are according to that of Rom. 13. 2. The Powers that ARE c. to wit that are even now every where in being not which ought to be or shall be whence he saith Submit to the King as supreame that is where by the Ordinance of man the King is made supreame not where Kings are not the supreamest Power as they were not among the ancient Lacedemonians Indians Carthaginians Gothes Aragonians and in most other Kingdoms as I have elsewhere proved To argue therefore We must submit to Kings where the people have made them supreame Ergo All Kings every where are and ought to be supreame Iure divino as our Antagonists hence inferre is a grosse absurdity Thirdly This Text doth not say That the King is the supreame soveraigne Power as most mistake but supreame Governour as the next words or Governours c. expound it and the very Oath of Supremacie 1. Eliz. Cap. 1. which gives our Kings this Title Supreame Governour within these his Realms Now Kings may be properly called Supreame Magistrates or Governours in their Realms in respect of the actuall administration of government and justice all Magistrates deriving their Commissions immediately from them and doing justice for and under them and yet not be the Soveraign Power as the Romane Emperours the Kings of Sparta Arragon and others the German Emperours the Dukes of Venice in that State and the Prince of Orange in the Nether-lands were and are the Supreame Magistrates Governours but not the Supreame Soveraigne Powers their whole States Senates Parliaments being the Supreamest Powers and above them which being Courts of State of Justice and a compound body of many members not alwayes constantly sitting may properly be stiled The Supreame Courts and Powers but not the Supreame Magistrate or Governour As the Pope holds himself the Supreame Head and Governour of the Militant Church and the Arch-Bishop of Canterbury stiles himself the Primate and Metropolitane of all England and so other Prelates in their Provinces yet they are not the Soveraigne Ecclesiasticall Power for the King at least Generall Councells or Nationall Synods which are not properly tearmed Governours but Powers are Paramount them and may lawfully censure or depose them as I have elsewhere manifested To argue therefore that Kings are the highest Soveraign Power because they are the highest particular Governours and Magistrates in their Realms as our Antagonists do is a meer Fallacie and Inconsequent since I have proved our own and most other Kings not to be the highest Powers though they be the Supreamest Governours Fourthly This Text speaks not at all of the Romane Emperour neither is it meant of him as Doctour Ferne with others mistake who is never in Scripture stiled a King being a Title extreamly odious to the Romanes and for ever banished their State with an Oath of execration by an ancient Law in memory whereof they instituted a speciall annuall Feast on the 23. of February called Regifugium the hatred of which Title continued such that Tully and Augustine write Regem Romae posthac nec Dii nec Homines esse patiantur And Caesar himself being saluted King by the multitude perceiving it was very distastfull to the States answered CAESAREM SE NON REGEM ESSE which Title of Caesar not King the Scripture ever useth to expresse the Emperour by witnesse Matth. 22. 17 21. Mark 12. 14 16 17. Luke 2. 1. chap. 20. 22 24 25. chap. 23. 2. John 19. 12 15. Acts 11. 28. chap 17. 7. chap. 25. 8 10 11 12 21. chap. 26. 32. chap. 27. 24. chap. 28. 19. Phil. 4. 22. Which Texts do clearly manifest that no Title was
ever used by the Apostles Evangelists Jewes to expresse the Emperour by but that of Caesar not this of King Therefore Peters Text speaking onely of the King not Caesar cannot be intended of the Romane Emperour as ignorant Doctors blindly fancie Fifthly This Epistle of Peter the Apostle of the Iews was written onely to the dispersed Iews thorowout Pontus Galatia Cappadocia Asia and Bythinia 1 Pet. 1. 1. over whom Herod at that time reigned as King by the Romane Senates and Emperours appointment who had then conquered the Iews and made them a tributarie Province as is evident by Matth. 27. 17 21. Mark 12. 14 16 17. Luke 20. 22 24 25. chap. 23. 2. Acts 17. 7. chap. 25. 8 10 11 12 21. chap. 27. 24. chap. 12. 1. to 24. compared together and by Iosepâ—us the Century writers Baronius Sigonius and others The King then here mentioned to be supreame was Herod or King Agrippa or some other immediate King of the Iews who was their supreame Governour not absolutely but under the Romane Senate and Emperours and made so by their appointment whence called in the Text an Ordinance of man not God Now this King of the Jews as is evident by Pauls Appeal to Caesar from Festus and King Agrippa as to the Soveraign Tribunall Acts 25. and 26. by Iosephus Pâ—ilo Iudâ—us de legatione ad Caium and the consent of all Historians was not the absolute Soveraigne Power but subordinate to the Romane Emperour and Senate who both created and bad power to controll remove and censure him for his misdemeanours yet Peter calls him here Supreame because the Highest Governour under them as we stile our Kings Supreame Governours under Christ. Therefore having a Superiour Governour and Power over him to which he was accountable and subordinate Supreame in the Text cannot be meant of a King absolutely Supreame having no Power Superiour to him but God but onely relatively Supreame in respect of under Governours there actually residing whose Supremacie being forcibly gained onely by conquest not free consent and the ancient native Kings of the Iews being inferiour to their whole Senates and Congregations and to do all by their advice as Iosephus Antiq. Iud. lib. 4. cap. 8. 2. Sam. 18. 3 4. Jer. 38. 45. 1. Chron. 13. 1. to 6. attest will no way advantage our Opposites nor advance the Prerogative of Kings since it extends onely to the King of the Jews that then was who was not simply Supream but a Subject Prince subordinate to the Romane State and Empire and one appointed by a Conquerour not freely chosen and assented to by the people So as all the Argument which can hence be extracted for the absolute Soveraigntie and irresistibility of Kings over their whole Kingdomes and Parliaments is but this The King of the Iews was in Peters time the Supreame Magistrate over that Nation by the Romane Senates and Emperours appointment to whom yet he was subordinate and accountable the Romanes having conquered the Iewes by force and imposing this government upon them without their consents Therefore the Kings of England and all other Kings are absolute Soveraigne Monarches Superiour to their whole Parliaments and Kingdomes collectively considered and may not in point of conscience be forcibly resisted by them though they endeavour to subvert Religion Laws Liberties How little coherence there is in this Argument the silliest childe may at first discern From these Scriptures I descend to Reasons deduced from them against resistance which I shall contract into three ArgumentS The first is this Kings are the Fathers Heads Lords Shepherds of the Common-wealth Ergo They ought not to be resisted in any their exorbitant proceedings it being unlawfull unseemly â—or a Son to resist his Father the Members the Head the Vassals their Lord the Flock their Shepherd To this I answer1 First They are Fathers Shepherds Lords Heads onely in an improper allegoricall not genuine sence therefore nothing can thence be properly inferred They are and ought to be such in respect of their loving and carefull affection towards their Subjects not in regard of their Soveraigne Power over them Therefore when their Tyrannie makes them not such in regard of care and affection to their people their people cease to be such in regard of filiall naturall and sheep-like submission When these Shepherds turn Wolves these Fathers Step-fathers the Subjects as to this cease to be their Sheep their Children in point of Obedience and Submission Secondly If we consider the Common-weal and Kingdom collectively Kings are rather their Kingdoms children then Parents because created by them their publike servants ministers for whose benefit they are imployed and receive wages not their Soveraigne Lords their subordinate Heads to be directed and advised by them not Tyrannically to over-rule them at their pleasure Therefore Paramount and able in such cases to resist them Thirdly Parishioners may no doubt lawfully resist the false Doctrinâ—s and open assâ—ults of their Ministers though they be their Spirituall Shepherds Citizens the violent oppressions of their Maiors though they be their Politique Heads Servants the unjust assâ—ults of their Masters though their lawfull Lords who may not misuse their very Villaines by Law And if Parents will violently assault their naturall children Husbands their Wives Masters their Servants to murther them without cause they may by Law resist repulse them with open force Fourthly A Son who is a Judge may lawfully resist imprison condemne his naturall Father A Servant his Lord A Parishioner his Pastour a Citizen his Major a meer Gentleman the greatest Peer or Lord as experience proves because they do it in another capacity as Judges and Ministers of publike Justice to which all are subject The Parliament then in this sence as they are the representative Body of the Realm not private Subjects and their Armies by their authority may as they are the highest Soveraign Power and Judicature resist the King and his Forces though he be their Father Head Shepherd Lord as they are private men Fifthly This is but the common exploded Argument of the Popish Clergy To prove themselves superiour to Kings and exempt from all secular Iurisdiction because they are spirituall Fathers Pâ—â—stors Heads to Kings who ought to obey not judge and censure them as Archbish. Stratford and others argue But this plea is no ways available to exempt Clergy men from secular Jurisdiction from actuall resistance of parties assaulted nor yet from imprisonment censures and capitall executions by Kings and Civill Magistrates in case of capitall Crimes Therefore by like reason it can not exempt Kings from the resistance censures of their Parliaments Kingdoms in case of tyrannicall invasions We deride this Argument in Papists as absurd as in sufficient to prove the exemption of Clergy men I wonder therefore why it is now urged to as little purpose against resistance of Tyrants and oppressing Kings and
Scotos with many Scottish Pamphlets justifying their late wars Ioh. Ponet once B. of Winchester his Book intituled Politick Govern p. 16. to 51. Alber. Gentilis de Iur Belli l. 1. c. 25. l. 3. c. 9. 22. M. Goodmans Book in Q. Ma. dayes intituled How superior Magistrates ought to be obeyed c. 9. 13. 14. 16. D. A. Willet his Sixfold Commentary on Romanes 13. Quaestion 16. Controversie 3. p. 588 589 590 608 c. Peter Mariyr Com. In Rom. 13 p. 1026. with sundry late writers common in every mans hands iustifying the â—aâ—ulnesse of the present defensive War whose Names I spare And lest any should think that none but Puritanes have maintained this opinion K. Iames himself in his Answer to Card. Perron iustifieth the French Protestant taking up Defensive Arms in France And Bish. Bilson a fierce Antipuritane not onely defends the Lawfulnesse of the Protestants defensive Arms against their Soveraigns in Germany Flaunders Scotland France but likewise dogmatically determines in these words Neither will I rashly pronounce all that resist to be Rebels Cases may fall out even in Christian Kingdoms where the people may plead their right against the Prince AND NOT BE CHARGED WITH REBELLION As where for example If a Prince should go about to subject his People to a forreign Realm or change the form of the Common-wealth from Impery to Tyrannie or neglect the Laws established by Common consent of Prince and people to execute his own pleasure In these and other cases which might be named IF THE NOBILITY AND COMMONS IOYN TOGETHER TO DEFEND THEIR ANCIENT AND ACCVSTOMED LIBERTY REGIMENT AND LAWS THEY MAY NOT WELL BE COVNTED REBELS I never denied but that the People might preserve the foundation freedom and forme of the Common-wealth which they fore prised when they first consented to have a King As I said then so I say now The Law of God giveth no man leave but I never said that Kingdoms and Common-wealths might not proportion their States as they thought best by their publike Laws which afterward the Princes themselves may not violate By superiour Powers ordained of God Rom. 13. wâ— understand not onely Princes BVT ALL POLITIKE STATES AND REGIMENTS somewhere the People somewhere the Nobles having the same interest to the sword that Princes have to their Kingdoms and in Kingdoms where Princes bear rule by the sword we do not mean THE PRIVATE PRINCES WILL AGAINST HIS LAWS BVT HIS PRECEPT DERIVED FROM HIS LAWES AND AGREEING WITH HIS LAWES Which though it be wicked yet may it not be resisted of any subject when derived from and agreeing with the Laws with armed violence Marry when Princes offer their Subjects not Iustice but force and despise all Laws to practise their lusts not every nor any private man may take the sword to redresse the Prince but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing rigâ—â— and withhold him from doing wrong THEN BE THEY LICENCED BY MANS LAW AND NOT PROHIBITED BY GODS to interpose themselves for safeguard of equity and innoceâ—cy and by all lawfull AND NEEDFVLL MEANS TO PROCVRE THE PRINCE TO BE REFORMED but in no case deprived where the Scepter is Hereditary So this learned Bishop determines in his authorized Book dedicated to Queen Elizabeth point-blank against our Novell Court-Doctors and Royallâ—sts But that which swayes most with me is not the opinions of private men byassed oft-times with private sinister ends which corrupt their judgements as I dare say most of our Opposites in this controversie have writ to flatter Princes to gain or retain promotions c. But the generall universall opinion and practice of all Kingdoms Nations in the world from time to time Never was there any State or Kingdom under heaven from the beginning of the world till now that held or resolved it to be unlawfull in point of Law or Conscience to resist with force of Arms the Tyranny of their Emperours Kings Princes especially when they openly made war or exercised violence against them to subvert their Religion Laws Liberties State Government If ever there were any Kingdom State People of this opinion or which forbore to take up Arms against their Tyrannous Princes in such cases even for conscience sake I desire our Anâ—agonists to name them for though I have diligently searched inquired after such I could never yet finde or hear of them in the world but on the contrary I finde all Nations States Kingdoms whatsoever whether Pagan or Christian Protestant or Popish ancient or modern unanimously concurring both in iudgement and constant practice that forcible resistance in such cases is both iust lawfull necessary yea a duty to be undertaken by the generall consent of the whole Kingdom State Nation though with the effusion of much blood and hazard of many mens lives This was the constant practise of the Romans Grecians Gothes Moors Indians Aegyptians Vandals Spaniards French Britains Saxons Italians English Scots Bohemians Polonians Hungarians Danes Swedes Iews Flemmins and other Nations in former and late ages against their Tyrannicall oppressing Emperors Kings Princes together with the late defensive Wars of the protestants in Germany Bohemia France Swethland the â—ow-countries Scotland and elsewhere against their Princes approved by Queen Elizabeth king Iames and our present king Charles who assisted the French Bohemians Dutch and German Protestant Princes in those Wars with the unanimous consent of their Parliaments Clergy people abundantly evidence beyond all contradiction which I have more particularly manifested at large in my Appendix and therefore shall not enlarge my self further in it here onely I shall acquaint you with theâ—e five Particulars First that in the Germanes Defensive Wars for Religion in Luthers dayes the Duke of Saxonie the Lantzgrave of Hesse the Magistrates of Magdâ—burge together with other Protestant Princes States Lawyers Cities Counsellors and Ministers after serious consultation concluded and resolved That the Laws of the Empire permitted resistance of the Emperour to the Princes and Subjects in some cases that defence of Religion and Liberties then invaded was one of these cases that the times were then so dangerous that THE VERY FORCE OF CONSCIENCE AND NECESSITY DID LEAD THEM TO ARMS and to make a League to defend themselves THOVGH CAESAR OR ANY IN HIS NAME WOVLD MAKE WAR AGAINST THEM That if the Emperour had kept his bonds and Covenants they would have done their duties but because he began first to make the breach the fault is his For since he attempteth to root out Religion and subvert our Libertie he giveth us cause enough TO RESIST HIM WITH GOOD CONSCIENE The matter standing as it doth we may resist him as may be shewed by Sacred and prophane Stories Vnjust violence is not Gods Ordinance neither are we bound to him by any other reason then if he keep the conditions on which he was created Emperour BY THE LAWS THE MSELVES IT IS PROVIDED that the inferiour
affirmed they had justright and power to doe Hereupon the businesse being put unto geeater difficulty the Estates affirmed A Comitiis intempestive discedere Regi NEFAS ESSE That IT WAS A WICKED ACT FOR THE KING THVS VNSEASONABLY TO DEPART FROM THE PARLIAMENT NEITHER WAS SO GREAT A BREACH OF THEIR PRIVILEDGES AND RIGHTS TO BE PATIENTLY ENDVRâ—D Whereupon they presently raised up the Name and FORCES OF THE VNION or Association formerly made and entred into between the Nobility Cities and people mutually to aid and assist one another to preserve the Peace and Liberties of the Realm even with force of Armes IT BEING LAWFVLL for the common cause of Liberty Non Verbis solum SED ARMIS QVOQVE CONTENDERE not onely TO CONTEND with words BVT ALSO WITH ARMES Vpon this king Alphonso desirous to prevent the mischiefs then present and incumbent by advise of his Privy Counsell published certaine good Edicts at Osca for regulating his Court Counsell Iudges Officers by which he thought to have ended all this Controversie but because they were promulged onely by the Kings own Edict not by the whole Parliament as binding Lawes they still proceeded in the Vnion till at last after various events of things this King returning to the Generall Assembly and Parliament of the Estates at Saragossa in the year 1287. condescended to their desires and confirmed the two memorable priviledges of the Vnion with the Soveraign power of the Iustice of Aragon which could controll their very Kings Of which see more in the Appendix I shall close up this of the lawfulnesse of a necessary defensive warre with the speech of the Emperour Alexander Seuerus recorded by Herodian l. 5. He who first infers injuries hath no probable colour but he that repulseth those who are troublesome to him EX BONA CONSCENTIA sumit fidâ—câ—am assumes confidence FROM A GOOD CONSCIENCE and good hope of successe is present with him from hence that he offers not injury but removes it Thus have I now at last waded thorow this weighty controversie of the lawfulnesse both in point of Law and Conscience of the Parliaments present and all other subjects necessary Defensive Warres against their Soveraigns who invade their lawes liberties Religion Government to subvert them by open force of Armes in which I have freely and impartially discharged my conscience not out of any turbulent seditious or disloyall intention to foment or perpetuate the present or raise any future destructive unnaturall warres between king Parliament and People or to countenance to encourage any tumultuous rebellious factious ambitious traiterous spirits to mutiny or rebell against their Soveraigns for private injuries or upon any false unwarrantable ends or pretences whatsoever let Gods curse and mens for ever rest upon all those who are in love with any warre especially a Civill within their own dearest Countries bowels or dare abuse my loyall sincere Lucubrations to any disloyall sinister designes to the prejudice of their Soveraignes or the States wherein they live but only out of a cordiall desire to effect such a speedy honourable safe religious sempiternall peace between king and Parliament as all true Christian English hearts both cordially pray long for and endeavour by informing his seduced Majesty his evill Couâ—sellors his Popish Maâ—ignant Forces that if they will still proceed unnaturally and treacherously to make war against their Native Countrey Religion Lawes Liberties and the Parliament which to doe I have elsewhere manifested to be no lesse then high Treason Rebellion against both King and Kingdome they may in point of conscience and Law too be justly opposed resisted repulsed even by force of Armes without any guilt of Treason Rebellion or feare of temporall or eternall condemnation as publike Enemies Rebels Traytors to the Realm whateveâ—er they have hitherto been informed of to the contrary by temporizing Lawyers or flattering illiterate Court Divines and by assuring all such noble generous publike spirits who shall willingly adventure their lives or fortunes by the Parliaments command in the present necessary defensive warre for the ends prâ—mised that for this good service they shall neither in the Courts of Law nor Conscience incurre the least stain or guilt of Treason Rebellion sedition or any such like odious crime much lesse eternall condemnation the panick feare whereof frequently denounced against them by many sottish Malignants Royalists ill-instructed Lawyers and Theologasters hath frighted kept back and withdrawn multitudes from yea cooled corrupted many in this honourable publike duty service which they now owe of Right to God and their Countrey in which to be treacherous perfidious sloathfull negligent cold uncordiall or timerous as too many hitherto have been to the greater honour of those who haue been faithfull actiue Valiant and sincere especially now after so many late horrid treacheries most happily discouered and a new Couenant solemnly entred into demerits a perpetuall brand of iâ—famy and reproach To dye fighting for ones dearest bleeding dying Countrey hath in all ages been honoured with a Crown of Martyrdome to liue or dye fighting against it hath ever deserved the most capitall censures ignominies and heaviest execrations Let both sides therefore now seriously ponder and lay all the premises close to their soules consciences and then I doubt not through Gods blessing but a happy peace will speedily thereon ensue Nation shall not lift up sword against Nation Countrey against Countrey Englishman against Englishman Brother against brother any more as now they doe neither shall they learn such an unnaturall cursed kind of Civill Warre any more but beat their swords into Plow-shares and their speares into pruning â—ooks and greet one another with a kisse of holy peace and charity Which desired end and issue of these present bloudy warres God in his mercy hasten and accomplish to the joy of all our Soules I should now according to former engagements proceed to other remaining particulars but because this part hath already farre exceeded its intended bounds out of a desire to give full satisfaction in a point of highest present and future concernment every way I shall reserve the residue with the Appendix for another distinct part with which I shall conclude my Meditations and Collections of this subject without any further Additions if God say Amen Finis Partis tertiae Errata in some Copies PAg. 100. l. 8. to by p. 101. l. 32. Omri Zimri l. 40. ludah Israel p. 115. l. 12. that p. 127. l. 36. of their p. 128. l. 31. hence p 136. l. 8. not a Bishop a Bishop not a Lay-man p. 14. l. 17. dele as p. 15. 1. 16. brevis p. 26. l. 1. assistants p. 94. l. 22. offer to r. ask of p. 17. 1. l. 8 no man should long p. 105. l. â—2 â—ipodes p. 106. l. 2. Rulers l. 34. irresistance p. 107. l. 3. by the. p. 121. l. 16. Emperours l. 36. Emperour THE FOVRTH PART OF THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Parliaments Right
in regulating the Kings own meniall servants in some cases when they either corrupt or mis-counsell him And thus much touching the unhappy differences between the King and Parliament concerning matters of his own royall Prerogative The Parliaments Right and Iurisdiction to impose Taxes and Contributions on the Subjects for the necessary defence of the Realm Laws Liberties without the King in case of the Kings wilfull absence from and taking up Arms against the Parliament and Kingdom briefly vindicated from the calumnies against it THe severall grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crowne being fully examined and refuted in the Premises so far I hope as to satisfie all ingenuous men in point of Divinity Policy Law Reason Conscience I shall next proceed to the remaining materiall Accusations which concerne the Subjects onely in regard of Property and Liberty wherein I will contract my Discourse into a narrow compasse partly because the debate of the fore-going Differences between the Kings Prerogative and the Parliaments Soveraigne Jurisdiction hath in some sort over-ruled the Controversies betwixt the Subjects and both Houses representing them partly because these accusations are not so universally insisted on as the former which concerne the King the justnesse of them being generally acknowledged willingly submitted to by most except such who calumniate and traduce them either out of covetousnesse onely to â—ave their Purâ—es or from a groundlesse Malignity against the Parliament or out of a consciousnesse of their owne Delinquencies subjecting them to the Parliaments impartiall Justice or out of some particular interests which concern them in their gains honours preferments or such who by their restraints for not paying Parliamentary Assessements hope to save their purses for the present or to gaine favour and preferment by it for the future If these private sinister ends were once laid by this second sort of accusations would speedily vanish especially with men of publike spirits who prefer the Common-weale before their owne particular interests The first of these Cavillatory Objections against the Parliaments proceedings is That both Houses without the Kings Royall Assent have contrary to Magna Charta the Petition of Right the Statutes De Tallagio non concedendo and other Acts by their Ordinances onely imposed late Taxes on the Subjects amounting to the twentieth part of their estates and since that monethly or weekly Assessements to maintaine a war against the King a grand incroachment on the peoples Properties contrary to all Law and Iustice. This Objection seems very plausible and cordiall to covetous Earth-worms being politikely contrived to Court the close-handed niggardly party by those who are guiltiest in themselves of that they thus object against others But it will easily receive an answer as to the Parliament and recoyle with infinite disadvantage on those that make it First 〈◊〉 anâ—wer That the Parliament is the absolute Soveraigne power within the Realme not subject to or obâ—iged by the letter or intendment of any Laws being in truth the sole Law-maker and having an absolute Soveraignty over the Laws themselves yea over Magna Charta and all other objected Acts to repeale alter determine and suspend them when there is cause as is undeniable by its altering the very common Law in many cases by repealing changing many old Statute Lawes and enacting new ones every Sessions as there is occasion for the publike safety and defence This the practice of all Parliaments in all ages yea the constant course of all Parliaments and Assemblies of the Estates in all forraigne Kingdoms too abundantly manifests The Parliament therefore never intended by all or any of these objected Acts to binde its owne hands but onely the Kings and his Ministers with inferiour Courts of Justice neither is the Parliament within the letter words or meaning of them therefore not obliged by them 2. The King with his Officers Judges and inferiour Courts of Justice only are included and the Parliament is directly excluded out of the very letter and meaning of all these Acts as is apparent First in generall from the occasion of enacting all these Laws which was not any complaints made to the King of any illegall taxes imprisonments or proceedings of our Parliaments to the oppression of the people but onely the great complaints of the people and Parliament against the illegall taxes impositions imprisonments and oppressions of the Subject by the King his Officers Judges and inferiour Courts of Justice as all our Hâ—stories with the Prefaces and words of the Acts themselves attest to redresse which grievances alone thâ—sâ— Lawes were made by the Parliaments and peoples earnest solicitations much against the Kings good will The Parliament then who would never solicit them king of a Law against or to restrain it selfe being cleare out of the orignall ground and mischiefe of enacting these Lawes and the King with his Ministers and inferiou◠〈◊〉 is only within them they can no way extend to the Parliament but to them alone 3. The Parliament 〈◊〉 the making of these Acts hath alwayes constantly enjoyed an absolute right and power without the least dispute of granâ—ing and imposing on the Subjâ—cts whatsoever Taxes Subsidies Aids Confiscations of Goods or restraint of Liberty by temporall or perpetuall imprisonment it thought meet and necessary for the publike defence safety and tranquility of the Realm as the severall Tâ—xes Subsidies and Poll-monies granted by them in all ages the many Statutes enjoyning confiscation of Lands Goods corporall punishments banishments temporary or perpetuall imprisonments for divers things not punishable nor criminall by the Common Law or when Magna Charta and the ancient Statutes in pursuance of it were first enacted abundantly evidence past all contradiction none of all which the King himselfe his Officers Judges or inferiour Courts of Justice can doe being restrained by the objected Acts. Therefore it is altogether irrefragable that the Parliament and Houses are neither within the words or intentions of these Acts nor any wayes limited or restraiâ—ed by them but left as free in these particulars in order to the publike good and safety as if those Acts had never beene made though the King with all other Courts Officers Subjects remaine obliged by them 4. This is evident by examination of the particular Statutes objected The first and principall of all the rest is Magna Charta cap. 29. But the very words of this Law Not We shall not passe upon him nor condemne him but by the lawfull judgement of his Peeres or by the Law of the Land We shall deny nor deferre to no man either Justice or Right compared with the Preface to and first Chapter of it Henry c. know ye that We c. out of meere and free will have given and granted to all Archbishops Bishops Eâ—rles Barons and to all free men of this our Realm of England and by this our present
Charter have confirmed FOR US AND OUR HEIRS FOR EVERMORE these liberties underwritten to have and to hold to them and their Heirs OF US AND OUR HEIRS FOR EVERMORE c. together with the whole tenour and title of this Charter and the two last Chapters of it All those customs and liberties aforesaid which we have granted to be holden within our Realme as much AS APPERTAINETH TO US AND OUR HEIRS WE SHALL OBSERVE And for this our gift and grant of those Liberties c our Subjects have given us the fifteenth part of all their moveables And We have granted to them on the other part that NEITHER WE NOR OUR HEIRS shall procure or doe any thing whereby the Liberties in this Charter contained shall be infringed or broken We confirme and make strong all the same FOR US AND OUR HEIRS PERPETUALLY not the Parliament All these I say infallibly demonstrate that this Statute of Magna Charta did never extend unto the Parliament to restraine its hands or power but onely to the King his Heirs Officers Courts of Justice and particular subjects So that the Parliaments imprisoning of Malignants imposing Taxes for the necessary defence of the Realm and seizing mens goods or imprisoning their persons for non-payment of it is no wayes within the words or intent of Magna Charta as Royallists and Malignants ignorantly clamour but the Kings his Officers Councellours and Cavallâ—ers proceedings of this nature are cleerly most direct violations of this Law And that which puts this past dispute are the severall Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9. 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right it self all which expresly resolve that this very objected Law of Magna Charta extends onely to the King himselfe his Privy Councell Iudges Iustices Officers and inferiour Courts of Iustice but not unto the supream Court of Parliament which no man for ought I finde ever yet held to be absolutely obliged by it before the Kings late recesse from Parliament The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or leavied BY US AND OUR HEIRS not the Parliament in our Realme without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free men of the Land which the Statute of 25. Edward 1. thus explains But by the common consent of the Realme The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus If it be not by common consent of the Prelates Earles Barons and other great men and Commons of our said Realme of England AND THAT IN PARLIAMENT The Statute of 25. Edward the third cap. 8. thus If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT The Statute of 36. Edward the third cap. 11. thus That no Subsidie nor other charge be set nor granted upon the Woolls by the Merchants nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT The Statute of 45. Edward 3. cap. 4. thus it is accorded and stablished That no imposition or charge shall be put upon Woolls Woollsels or Leather other then the custome and subsidie granted to the King WITHOUT THE ASSENT OF THE PARLIAMENT and if any be it shall be repealed and holden for none And the Petition of Right 3. Caroli thus By which Statutes and other good Statutes of this Realm your Subjects have inherited this freedom that they should not be compelled to contribute any Taxe Tallage Custome Aidâ— or other like charge not set BY COMMON CONSENT IN PARLIAMENT Now it is as evident as the noonday sunshine that these Acts onely extend to the King his Heirs Councell Officers inferiour Courts and private Subjects onely and that the Parliament is precisely excepted out of the very intent and letter of them all having free power to impose on the Subjects what Aids Taxes Tallages Customes and Subsidies the shall deem meet by the expresse provision of all these Laws concerning the granting and imposing of Subsidies Therefore by the direct resolution of these Acts the Kings his Councellors present contributions assessements and ransoms imposed on the Subjects are illegall against the letter and provision of all these Acts but the Parliaments and Houses lawfull approved and confirmed by them True will Royallists and Malignants answer who have no other evasion left but this If the King were present in Parliament and consenting to these contributions and taxes of the twentieth part there were no doubt of what you alleage but because the King is absent and not only disassents to but prohibits the payment of this or any Parliamentary Assessements by his Proclamations therefore they are illegall and against these Laws 1 To which I answer First that the King by his Oath duty the ancient custom and Law of the land ought of right to be alwayes present with his Parliament as he is now in point of Law and not to depart from it but in cases of urgent necessity with the Houses free consents and then must leave Commissoners or a Deputy to supply his absence This is not onely confessed but proved by a Booke lately printed at Oxford 1642. with the Kings approbation or permission intituled No Parliament without a King pag. 5. to 16. where by sundry presidents in all Kings Reignes it is manifested That Kings were and ought to be present in their Parliaments which I have formerly cleared If then the King contrary to these Presidents his Oath Duty the Laws and Customs of the Realme the practice of all his Progenitors the rules of nature which prohibit the head to separate it selfe from the body and will through the advice of malignant Councellours withdraw himselfe from his Parliament yea from such a Parliament as himselfe by a spceiall Act hath made in some sort perpetuall at the Houses pleasure and raise an Army of Papists Delinquents Malignants and such like against it and that purposely to dissolve it contrary to this very Law of his for its continuance why this illegall torâ—ious act of his paralleld in no age should nullifie the Parliament or any way invalid its Imposicions or Proceedings for their own the Kingdoms Peoples and Religions preservation all now indangered transcends any reasonable mans capacity to apprehend 2 The right and power of granting imposing assenting unto Assâ—ssements Taxes Suosiâ—iâ—s and such like publique charges in Parliament for the publique safety rests wholly in the Commons and Lords not King and is their owne free act alone depending no waies on the Kings assent nor necessarily requiring his personall presence in Parliament This is evident First by the expresse letter of the forecited Acts No Subsidy Tax Ayde Talleage or Custome shall be set granted taken or leavied but by common consent and grant of the Prelates Earles Barons Knights Burgesses and other free men of the Realme in Parliament or without the assent
Commons and the Lords and they the whole Realm and all the people of England so that what ever Tax is imposed and assented to by them or by both Houses onely without the King who represents no man but Himselfe alone is in point of Law imposed and assented to by all the Commons and whole Realm of England as the recitals in all our Statutes and Law-bookes resolve though the King assent not to it If therefore as our Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor and the like by all or the greater part of the Corporations Parishioners Tenants and Taxes imposed by them for the Common good as repairing of Churches High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings assent Then by the same or better reason the imposiâ—ions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament representing the whole Commons and Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought in point of Law to oblige all the Subjects in this case of necessity at least as long as the Parliament continues sitting and this their representation of them remains entire especially being for the necessary defence of the Parliament Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremley This I shall further cleare by some ancient and late judgements in point Mâ—ch 14. Ed. 2. rot 60. in the Kings Bench William Heybâ—rne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Not guilty the Jury â—ound a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Maâ—kes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe nothing but by his consent as a servant to him and the Commonalty of Durham therefore he was no trespâ—sser Which case was agreed for good Law by all the Iudges in the late Case of Ship-money argued in the Exchequer Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance where of they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted the Lords and Commons considering what a solemne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Proteâ—tant Râ—ligion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the sam c. as in the Protestation made by both Houses consents when fullest And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament for the necessary defence of the Realm the Subjects Parliaments Priviledges Rights and the Reformed Religion all actually invaded endangered by an Ordinance of both Houses without the Kings consent then absent from and in open hostilitie against them impose a generall Assessement upon all the Subjects NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES And for non-payment prescribe a distresse c. Why this Assessement in this case of necessitie being thus made by assent of both Houses and so of all the Kingdom in them in pursuance of this Protestation should not as legally yea more justly oblige every particular subject though the King assented not thereto as well as that agreement of the men of Durham did oblige them even in point of Law Justice Conscience transcends my capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searched and measured before they were sold and that a penny should be paid for every Cloth for the Officer that did the same and that six shillings eight pence should be forfeited for every Cloth not brought thither and searched was good to binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assent of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assâ—ssing of a certain summe of Money upon every Inhabitant for the erecting of Courts there the Terme being then adjourned thither from London by reason of the Plague with a penalty to be levyed by distresse for non-payment of this Tax was good to bindâ— all the Inhabitants there because it was for the publike good Mich. 31. and 32. Eliz. in the Kings Bench Williamâ— Iefferies Case and Pasch. 41. Eliz. Pagets Case it was
resolved That the Church-Wardens with the greater part of the Parishioners assents may lay a Taxe upon all the Parishioners according to the quantitie of their Lands and Estates or the number of Acres of Land they hold the Taxe there was four pence an Acre for Marsh-Land and two pence for Earable for the necessary reparation of the Church and that this shall binde all the Inhabitants so as they may be Libelled against in the Spirituall Court for non-payment thereof and no prohibition lieth The like hath been resolved in sundry other Cases And by the Common-Law of England whereby the breach of Sea-Walls the Country is or may be surrounded every one who hath Lands within the levell or danger which may have benefit or losse by the inundation may and shall be enforced to contribute towards the repair and making up of the Sea-walls and a reasonable Tax assessed by a Iury or the Major-part shall binde all the rest because it is both for their own private and the common good If the Law be thus unquestionably adjudged in all these Cases without the Kings assent then much more must this Assessement imposed by both Houses be obligatory in point of Law and Justice though the King consented not thereto since the Houses and whole Kingdom consented to it for their own defence and preservation Sixthly This is a dutie inseparably incident by the Fundamentall Law and originall compact of every Kingdom Citie Corporation Company or Fraternitie of men in the World that every Member of them should contribute proportionably upon all occasions especially in Cases of imminent danger toward the necessary charges defence and preservation of that Kingdom Citie Corporation Company or Fraternitie of which he is a Member without which contribution they could be neither a Kingdom Citie Corporation Company Fraternitie or have any continuance or subsistence at all Which Contributions are assessed by Parliaments in Kingdoms by the Aldermen or Common-Councell in Cities by the Master and Assistants in Fraternities and what the Major part concludes still bindes the Residue and the dissent of some though the Major or Master of the Company be one shall be no obstacle to the rest This all our Acts concerning Subsidies Aydes Tonnage and Poundage the daily practice and constant experience of every Kingdom Citie Corporation Company Fraternitie in the World manifests past all contradictions which being an indubitable veritie I think no reasonable man can produce the least shadow of Law or Reason why the Parliament representing the whole Body of the Kingdom and being the supream Power Counsell in the Realm bound both in Dutie and Conscience to provide for its securitie may not in this Case of extremitie legally impose this necessary Tax for their own the Kingdoms Subjects Laws Religions preservations of which they are the proper Judges Gardians and should not rather be credited herein then a private Cabinet Court-Counsell of persons disaffected to the Republike who impose now farre greater Taxes on the Subjects and plunder spoyl destroy them every where directly against the Law of purpose to ruine both Parliament Kingdom Religion Laws Liberties and Posteritie Seventhly It is confessed by all That if the King be an Infunt Non-Compos absent in Forraign remote parts or detained prisoner by an Enemy that the Kingdom or Parliament in all such Cases may without the Kings actuall personall assent create a Protector or Regent of their own Election and not onely make Laws but grant Subsidies impose Taxes and raise Forces for the Kingdoms necessary defence as sundry domestick and forraign Presidents in the preceding Parts and Appendix evidence And Hugo Grotius Iunius Brutus with other Lawyers acknowledge as a thing beyond all dispute Nay if the King be of full age and within the Realm if a forraign enemy come to invade it and the King neglect or refuse to set out a Navy or raise any Forces to resist them The Lords and Commons in such a Case of extremitie may and are bound in Law and Conscience so to do for their own and the Kingdoms preservation not onely in and by Parliament but without any Parliament at all if it cannot be conveniently summoned lawfully raise forces by Sea and Land to encounter the Enemies and impose Taxes and Contributions to this purpose on all the Subjects by common consent with clauses of distresse and imprisonment in case of refusall as I have elsewhere proved And if in Case of invasion even by the Common-Law of the Realm any Captains or Souldiers may lawfully enter into another mans ground and there encamp muster or build Forts to resist the Enemy or pull down the Suburbs of a Citie to preserve the Citie it self when in danger to be fired or assaulted by an Enemy without the speciall consent of King Parliament or the Owners of the Lands or Houses without Trespasse or offence because it is for the publike safetie as our Law Books resolve Then much more may both Houses of Parliament when the King hath through the advice of ill Councellors wilfully deserted them refused to return to them and raised an Army of Papists and Malignants against them and the Realm now miserably sacked and wasted by them as bad as by any forraign Enemies both take up Arms raise an Army and impose Assessements and Contributions by Ordinances unanimously voted by them against which no Lover of his Country or Religion no nor yet the greatest Royallist or Malignant can with the least shadow of Law or Reason justly except Eightly If they shall now demand what Presidents there are for this I Answer First That the Parliament being the Soveraign Power and Counsell in the Realm is not tyed to any Presidents but hath power to make new Presidents as well as new Laws in new Cases and mischiefs where there are no old Presidents or vary from them though there be ancient ones if better and fitter Presidents may be made as every Court of Justice likewise hath Power to give new Judgements and make new Presidents in new Cases and may sometimes swerve from old Presidents where there were no ancient Presidents to guide them even as Physitians invent new Medicines Chyrurgions new Emplaisters for new Diseases Ulcers or where old Medicines and Balsomes are inconvenient or not so proper as new ones And as men and women daily invent and use new Fashions at their pleasure Tradesmen new Manifactures without licence of King or a Parliament because they deem them better or more comely then the old Secondly I might demand of them by what old domestick lawfull Presidents His Majestis departure from the Parliament His Levying Warre against it His proclaiming many Members of it Traytors and now all of them Traytors and no Parliament His unvoting of their Votes in Parliament out of Parliament His imposing of Taxes and Contributions in all Countries where His Forces are beyond mens estates and annuall revenues His burning sacking pillaging murdering ruining of His own
Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an Aâ—my of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpat as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note informer in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of Late yeers thâ—y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of the Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readily submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declarations Proclamations Inhibitions in His Majestieâ—s Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis talia fando tempâ—ret a lachrymis Adde to this That the Lords Iustices and Councell in Ireland the twenty nine of Iune 1643 have without authoritiâ— of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledgâ— That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortigâ—rne Sigebert Osred Ethelred Bâ—ornard Leowâ—lfe Edwine whom thâ—y deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King Iohn Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sintit commodum sentirâ— debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemiâ—s granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of Wâ—oll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a â—leet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they fearâ—d not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privatâ—ly with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was taken prisoner by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Iustices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Wooâ—â—des of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silvâ—r Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very
at this day after three convictions is to be banished out of Westminster and rowed over the Thames from thence thorough the water at the tayl of a Boat for the quiet of the City Then much more may any private seditious turbulent Malignants be justly restrained to some safe places where they may do no harme till the warres and troubles be ended or themselves reclaimed Fifthly By the Common and Staetute Law of the Realm yea by Magna Charta it self cap. 30. the Lands Rents Goods and Persons of Priors and other aliens Merchants or others residing in England may be and have been usually seized on and sâ—cured or else their persons banished the Realm and lorders of England during the warres with others of that Nation least they should assist them in the warres with their Estates persons or intelligences or betray the Kingdom or places where they resided to the Enemy And upon this ground by the expresse Statutes of 2. H. 4. cap. 12. 20. 1. H. 4. cap. 7 8. 3. H. 5. cap. 3. 4. H. 5. cap. 6. 1. H. 6. cap. 3. the Irish Brittains Welshmen and Scots because we had frequent Warreâ— with them were not permitted to purchase either Houses or Lands or to remain in any Fort Town or City neer the Borders of Scotland or Wâ—lâ—s but banished thence and their Goods and persons seised on in times of warre to prevent trâ—achery intelligence and assistance of the Enemy A thing generally practised and warranted in all States and Kingdoms as well as in England â—y the very Law of Nations as just and necessary in times of warres as Martinus Laudensis de Repraesaliis de Bello Henricus Ranzovius his Commentarius Bellicus Geergius Obbrâ—ctus Disput Iuridica de Bello Henricus Boeâ—rus de Iure Prâ—gnae Hugo Grotius Albericus Gentilis in their Books de Iure Belli and all Historians evidence Therefore lawfull for the Parliament to practise at this present as well as the King or any others Sixthly In times of Forraign Invasions the Parliament hath enjoyned all Inhabitants neer the Sea-coasts or Marches of Scotland and Walâ—s to repair to their Houses and Lands therâ— with all their Families for the dâ—fence and safetie of the Realm under pain of imprisonment and confiâ—cation of their Goods and Revenues there and elsewhere as is evident by 13. E. 3. nu 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. c. 4. the Statutes confining Papists to their Houses and sundry other Presidents Therefore by like reason they may confine Malignants in times of warre for the publike peace and safetie and disarme them to for a time a Constables may by the Law disarme and imprison peace-breakers fray-makers riotors and others to prevent bloodshed quarrels and preserve the publike peace Thirdly For the plundering of Malignants and sequestring their Estates I answer that I think the Parliament never yet approved the plundering or in plain English robbing of any man by any of their forces they having plundered no places taken by assault for ought I hear though the Kings forces on the contrary have miserably plundered all the Kingdom almost except the Papists who are most exempted from this rapine and some few chief Malignants yea those very Persons Souldiers Cities Towns which by their very Articles of surrender were not to be plundered witnesse Taunton Bridgewater Bristol Gainsboâ—ow where many have been pillaged to their naked skins notwithstanding their Ariticles of agreement solemnely sworn to depart quietly with bag and baggage without interruption and the Towns to be free from plunder contraty to the very Law of warre and Arms which may instruct all others not to trust them henceforth If any of the Parliaments forces have misbehaved themselves in plundering any Malignants or disaffected persons more then by seising of their Arms distraining their Goods for imposed Assessements or sequestring their Plate Moneyes Estates for the publike service upon promise of repayment and restitution I know the Houses have publikely by expresse Ordinances inhibited disavowed the fact and exposed the disorderly Delinquents to condigne punishments even to the losse of their lives if any please to prosecute them by way of inditement or Martiall Law For my part I abhorre all violence plunder rapine and disorders in Souldiers as contrary to the Law of God Obadiah 10. to 16. Luke 3. 14. and leave those who are guiltie of them to the severest publike justice as offenders against the Law of Nature of Nations of the Land yea of Warre it self But God forbid the Parliament should be unjustly charged with all the misdemeanours of their Souldiers which they prohibit detest censure more then the King with all the barbarous rapes murthers cruelties rapines and monstrous insolencies which his Cavaliers every where perpetrate without punishment or restraint especially the blood-thirsty Irish Popish Rebels among them who having shed so much English Protestants blood in Ireland ere they came over hither of which they vaunt is such an high dishonour to God and the English Nation if their own blood be not shed for it by the hand of vengeance here that I wonder with what face or spirit His Majâ—stie or any English Protestant can patiently suffer these Irish Rebels to shed any more Protestant English bloud or breath in English ayre who have cut the throats of so many thousand innocent English both here and elsewhere and are like to cut all our throats ere long as they have designed unlesse their throats be first cut by us But yet for the plundering of such Malignants goods and houses who are opposite to the whole Kingdom and Parliament and will not joyn with them in the common cause which concerns us all as it hath sundry patterns in the Barons Warres against the Poictovines and their faction in Henry the third his raign and after wards against the Spensers in Edward the second dayes formerly touched so it hath one observeable generall resolution of the whole body of the Lords and Commons warranting it in King Iohns raign even then when they all took up Armes to enforce him to confirm the great Charter it self which our Opposites cry out to be violated by the Parliaments moderate sâ—isures onely by way of distresse or sequestration For the Barons Knights and Commons with their whole Army being met together in London which joyned with them to gain this Charter from the King sent from thence Letters to all the Earls Barons and Knights throughout England who seemed though but fainedly to adhere to the King exhorting them with this Commination That as they loved the indemnitie of their Goods and possessions they should desert a perjured King and adhearing faithfully to them should with them inviolably stand and effectually contend for the Liberties and Peace of the Kingdom which if they contemned to do thâ—y would with force of Arms and Banners displayed MARCH AGAINST THEM AS PUBLIKE ENEMIES SUBVERT THEIR CASTLES BURN THEIR HOUSES AND EDIFICES AND NOT
Denmarke Poland Sweden Scotland yea of Iudah Israel and others mentioned in the Scripture the Supreame Soveraignty and Power resided not in the Emperours and Kings themselves but in their Kingdomes Senates Parliaements People who had not onâ—y a power to restrain but censure and remove their Emperours and Princes for their Tyranny and misgovernmenâ— With an Answer to the Principal Arguments to prove Kings above their whole Kingdomes and Parliaments and not questionable nor accountable to them nor censurable by them for any exerbitant Actions HAving finished the preceding Treatise which asserts The Supreame Authority and Soveraigne Power in the Realme of England legally and really to reside in the whole Kingdome and Parliament which represents it not in the Kings Person who is inferiour to the Parliament A Doctrine quite contrary to what Court Prelates and Chaplaines have for sundry yeeres inculcated into our Kings and People who preach little else but Tyranny to the one and Slavery to the other to support their owne Lordly Prelacy and hinder an exact Church Reformation and directly opposite to the resolutions of many malignant Courtiers Lawyers and Counsellours about His Majesty who have either out of ignorance or malice created him a new Utopian absolute Royall Prerogative unknowne to our Ancestors not bottomed on the Lawes of God or the Realm for maintenance of each Punctilio whereof against the Parliaments pretended Encroachments the whole Kingdome must be engaged in a destructive civill Warre now like to ruine it I could not but conjecture how in all probability these Clergy men Courtiers and Lawyers out of their unskilfulnesse in true Divinity History Law and Policy would upon the first tydings of this strange Doctrine passe a sentence of Excommunication and death against it as guilty not onely of Heresie but High Treason and judge it such a monstrous Antimonarchicall Paradox as was never heard of in much lesse claimed or practised by any Kingdome Realm or Monarchy whatsoever To anticipate which rash censures and undeceive both Kings and Subjects whom these grosse Parasites have over-long seduced in this point to their prejudices convince the consciences of all gainsaying Malignants irradiate this long obscured verity whose seasonable discovery may through Gods blessing conduce very much to period the present Differences between King and Parliament touching matters of Prerogatives and Priviledges claimed by either I conceived it not only expedient but necessary to back the forecited presidents of our own Kingdom with paralelled examples in most forraign Realmes and Monarchies in which it is not mannerly to be overbusie without just cause which I have faithfully though suddenly collected out of the best approved Authors and Historians whereby I shall infallibly prove that in the Roman State and Empire at the first in the Greek Empire since in the German Empire heretofore and now in the ancient Kingdomes of Greece Egypt India and elsewhere in the Kingdomes of France Spaine Hungary Bohemia Denmarke Sweden Poland Scotland and most other Kingdomes in the world yea in the Kingdomes of Iudah and Israel and others mentioned in Scripture the Highest Soveraigne Authority both to elect continue limit correct depose their Emperours and Kings to bound their royall power and prerogatives to enact Lawes create new Offices and formes of Government resided alwayes in these whole Kingdomes Senates Dyets Parliaments People not in the Emperors Kings or Princes persons I shall begin with the Roman State as having much affinity with ours which was long under their command heretofore After the building of Rome by Romulus and Remus Romulus being elected King divided the people into two Rankes those of the highest and richest quality he stiled Senators making them a Court of Counsell and Iustice much like our House of Peeres the other he termed The People being the body of the State and representing our House of Commons In this distinction made by the Peoples consent the Soveraigne Authority to elect Succeeding Kings to enact binding Lawes to make warre or peace and the like rested not in the Kings person but in the Senate and people joyntly if they accorded yet principally in the people in case either of assent or dissent between them their very Kings and Lawes having their greatest power and efficacy chiefly from the peoples election and assent To begin first with their Kings Election and Authority when Romulus their first King deceased there arose a great controversie in Rome about the Election of a new King for though they all agreed to have a King yet who should chuse him and out of what Nation he should be elected was then controverted In the Interim to avoid confusion the Senators being 150. divided the Regall power between them so as every one in his turne in Royall Robes should doe Sacrifice to the Gods and execute Justice six houres in the nighttime and six houres in the day which tended to preserve an equality among the Senators and to diminish the envie of the people when in the space of one night and day they should see one and the same man both a King and a private person But the people disliking this Interregnum as tending to put off the Election of a King that the Senators might keep the principallity and divide it among themselves cried out that their bondage was multiplyed having an hundred Lords made instead of one neither would they suffer it any longer unlesse they would admit a King created by themselves Hereupon the Senate thinking it best to offer the people that which they were like to lose to gaine their favour Summa potestate populo permissa permitted to the people the chiefe power of Electing a King but yet that they might not give away more right then they deteined they decreed That when the people had commanded and elected a King it should be ratified if the Senators should approve it or be reputed the authors of it Then the Interex assembling the people spake thus unto them O Romans REGEM ELIGITE chuse yea King so the Senators thinke fit and if he be one worthy to succeed Romulus they will approve him This was so gratefull to the people that left they should be overcome with the benefit they commanded that the Senate should decree who should reigne at Rome At last Numa Pompilius was named and none of the people or Senate daring to preferre any before him all of them joyntly decreed that the Kingdome should be conferred upon him Whence Canubius the Tribune of the people in his Speech against the Consuls long after used these words Numa Pompilius POPULI â— JUSSU Patres autoribus Romae Regnavit Reges exacti JUSSU POPULI which manifests the chiefe power to be in the people Numa departing Tullus Hostilius by the peoples command consent and approbation was made King which Livy thus expresseth Tullum Hostilium REGEM POPULUS JUSSIT patres auctores facti After him the people created Ancus Martius King Regem POPULUS CREAVIT patres fuêre auctores After him
moving sedition against the Roman State was beheaded with an axe at Antioch without any legall triall to prevent further seditions which never befell any King before that time writes Alexander ab Alexandro And Agrippa not long after put Bogus King of the Mores to death for siding with Antonius Of later times I read that Ludovicus Pius the Emperour taking Bernard his Nephew King of Itâ—ly prisoner for rebelling and denying his superiority over him carried him into France to determine what should be done with him according to Iustice for this his offence where though a King hee was condemned to death and executed as some or at least cast into prison and had his eyes put out as others write So Charles of France taking Conradine King of Sicily prisoner publikely arraigned and condemned him of high Treason and cut off his head Anno 1208. Yea our owne King Iohn being a Feudatary to the King of France was by Philip the French king in a full Parliament there during his absence in England arraigned condemned to dâ—ath and deposed from his Crown by the sentence of his Peeres for murthering his Nephew Arthur then a Subiect of France with his owne hands So Iohn Bailiol king of Scotland renouncing his homage for that Crowne to king Edward the first was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland to King Edward the first and sent Prisoner to the Tower of London and Mary Queene of Scots within many mens memories after long debate in Parliament was condemned and beheaded at Fothringham Castle Febr. 8. An. 1587. for laying claime to the Crowne of England and other particulars mentioned in our Historians And thus much for the Roman Grecian German Emperours kings and kingdomes I shall now give you a brieâ—e Survey of what Greeke Authors write concerning Kings and Kingdoms and of the power the kinds of ancient Kings and Kingdomes in Greece and other places That great Father of Learning and policie Aristotle Tutor to the greatest Emperour Alexander the Great whose Authority is irrefragable in our Schooles resolves That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people and founded confirmed by the customes and Lawes of each country which Polibius also affirmes That there are 4 severall sorts of Kings some of greater some of lesser Authority and continuance then others some elective some successive some during â—ife some Annuall all of them receiving their distinct jurisdictions Formes Limitations and different Royalties from the peoples primitive or subsequent institutions and consents For all men being equall by the Law of nature can have no dominion nor Superiority one over another but by their own voluntary consents That the Lawes not the Kings Princes or Magistrates be they one or more or never so good ought to be the sole Lords or Rulers of the Common-wealth and that Princes and Governours ought to governe by the Lawes who cannot command what the Lawes doe not command That those who command that the Law should rule command that God and the Lawes should rule but he that commands a man to be a Prince he commands that both a man and beast should be Princes for covetousnesse and the lust of the minde is a certaine beast which perverts both Magistrates and the very best men but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires That the power of the greatest things and greatest power ought DE IVRE of right to be in all the people because their wisdomes resolutions and revenues considered altogether are greater and more considerable then those of a few wise or honest men plased in the highest offices of Magistracie who are but a small particle of the State in respect of all the people That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression and that a King ought to governe by his Lawes and not to doe any thing against them according to his lust wherefore he ought to have so much power and force wherewith he may protect the authority of the Lawes yea he must necessarily have forces and power yet so much onely as thereby he may be able to curbe every particular man or many also yet not so great power but that a populo auâ—em universo idem REX ILLE IPSE COERCERI POTEST the very King himselfe may yet BE CVRBED by all the people such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City And when Dionysius required Guards a certaine Syracusan perswaded them to curbe such Guardâ— to which Polybius also suffragates According to these Rules of Aristotle I read in Dionysius Halicarnassaeus and Polybius that in the Lacedemonian Common-wealth the Kings had not the chiefe Dominion so as they might doe what they pleased sed summa totius Reipub. administratio penes Senatum erat but the chiefe Government of the whole Commonweale was in the Senate from whence the Romanes tooke their paâ—terne Alexander ab Alexandro Boemus and Xenophon write That the Lacedemonians sometimes elected a King out of the Family of the Heracliâ—â—â— or of Agis but more often two joynt Kings of equall Authority out of the stock of Proclus and Aemisthenes who yet had not the chiefe Command as Kings Quiajuris omâ—is publici potestas penes Senatum erat because the power of all publike law or rule was in the Senate the better to keep their Kings from attempting and usurping a Tyranny they being Kings rather in name then Dominion and like the Achaean two Annuall Praetors whence Aristotle makes them the lowest ranke of Kings Iohn Bodin informes us That in the Lacedemonian Aristocracie the Soveraignty remained in the State wherein were two Kings without any Soveraignty at all being indeed nothing else but Captains and Generals for the managing of their Warres and for that cause were by the other Magistrates of the State sometimes for their faults condemned to pay their fine as was Agesilaus and sometimes to death also as was Agis and Pausanias Agis the last of the Lacedemonean kings as Plutarch records being apprehended and condemned by the Ephori without an Indictment and then hanged in a halter Finally Aristotle himself and Xenophon informe us that the Kingdom of the Lacedemonians flourished very long yea longer then any other forme of Government because their Kings power was but small and their Kings never desired greater things then the Lawes would beare by which they had received their Kingdome in the beginning for in the beginning that Kingdome was divided between two joynt Kings After which Theopompus left it more moderated to his successours and constituted the Magistracie of the Ephori who had power even to depose and execute their kings if they offended and rose not up out of their seates unto them to retain that
a long time under the mentioned kings spending their life in greatest felicity as long as this constitution of Lawes flourished And when these kings dyed all the Aegyptians generally mourned for them in an extraordinary manner divers wayes made solemne Orations in their praise buried them with great pompe and solemnity and erected Pyramides to their eternall honour all which funerall pompous solemnities many ill kings wanted after their deaths ob plebis refragationem because the people gain-sayed it who together with the Priests and Senates who were ever present with the kings to assist counsell and direct them were superiour to their kings since they could thus decree or deny them these funerall honours which made many of their following kings to addict themselves to just actions too for feare of contumelious handling and sempiternall ignominy after their decease So this Author To which I shall adde Xenophons definition of a Kingdome and Tyranny A kingdome is an Empire over men by their free assents according to the Lawes of the City And a Tyranny is an unlawfull Empire over men against their wills which depends upon the will of the Prince And this observation of Polybius That kings in ancient times did give themselves wholly to doe that which was honest and just and to suppresse the contrary the very beginning of all true kingdomes and the end for which kings were first instituted by the people Whiles they thus demeaned themselves they were subject to no envy because they differed not much from others neither in apparell nor in meat and drinke but observed a conversation of life conformable to other men and lived perpetually like to others But afterwards when those who obtained the principality of succession and the prerogative of their blood had those things already provided which made them able to secure themselves and to support their state following their lusts by reason of their abundance they then thought it belonged to Princes to be better clad then subjects to exceed them in costlinesse and variety of meats and to use venery with whom they pleased Hence envy and offence was begotten and implacable hatred and anger kindled and a kingdome by this meanes changed into a Tyranny Hence men most generous and magnanimous bold spirits unable to beare such affronts and insolences of Princes seditiously conspire against them and the people having got such Captaines to make resistance joyne with them for the foresaid causes that the Princes may be repressed And thus the forme of a Kingdome and Monarchy is utterly taken away by the roots and the beginning of an Aristocracy again laid the people refusing to set any more a King over them yet not daring to commit the Republike 〈◊〉 many fearing as yet the iujustice of Superiours and therefore most esteeme equality and liberty So that the Soveraigne power of setling of changing the Kingdome and forme of government resides principally in the people who as hee there largely proves by the Lacedemonian and Roman state ought to enjoy the Supreame authority and to be above their Kings as it seems the Aegyptians did who deposed and expelled Evergetes their King for his cruelty and after him their King Ptolomaeus Auletes setting up Cleopatra his eldest child in his Thrâ—ne and as the Romane Senate did who had power to dispose of the common Treasury and revenue one of the greatest points of Soveraignty to appoint Lieutenants and Governours of Provinces to grant Triumphes to dispose of Religion for which cause Tertullian saith that never any God was received in Rome without the decree of the Senate and to receive answer and dismisse the Ambassadours of Kings and Nations which none else did but the Senate whose Soveraigne power was such that Tiberius the Emperour in the beginning of his Reigne called the Senators assembled altogether in the Senate Indulgentissimos DOMINOS his most loving LORDS and moved the Senate to divide the Empire not to commit it all to one man as we read in Tacitus though they were his Subjects and inferiours when divided and severally considered And such Soveraigne power had the Panaetolium or generall assembly of Parliament among the Aetolians who received and answered all Embassadours determined all affaires of warre and peace it being provided by the Lawes of the Aetolians that nothing should be intreated of concerning peace or war but in their Panaetolium or Pelaicon Councell as Livy and Bodin record But to leave these ancient and come neerer our present neighbor Kings and Kingdomes of greatest eminencie and power which may paralell our owne The Kings of France to whom Cassanaeus in his Catalogus Gloriae mundi gives precedency before all others and to the Emperour himselfe whiles but elect before his Coronation have in ancient times been inferiour to their Kingdomes Parliaments and subiect to their censures even to deposition if not more though some cry them up for absoluts Monarchs and make them little better then Tyrants now Iohn Bodin a learned French Lawyer and Statesman writes That in ancient times the Kings of the Cities of the Gaules were subject to their States whom Caesar for this cause oftentimes calleth Reguli little Kings being themselves subjects and justifiable to the Nobility who had all the Soveraignty causing them even to be put to death if they had so deserved And that is it for which Amphiorix the Captaine Generall whom they called the King of the Lingeois said Our commands are such as that the people hath no lesse power over us then we over the people Wherein he shewed evidently that he was no soveraigne Prince howbeit that it was not possible for him to have equall power with the people as we have before shewed Wherefore these sort of Princes if they polluted with wickednesse and villany cannot be chastised by the Authority and severity of the Magistrate but shall abuse their wealth and power unto the hurt hurt and destruction of good men IT ALWAYES HATH AND SHALL BE LAWFVLL not for strangers onely but even for the subjects themselvâ—s also to take them out of the way But if the Prince be an absolute Soveraigne as are the true Monarchs of France c. where the Kings themselves have the soveraignty without all doubt or question not divided with their subjects in this case it is not lawfull for any one of their subjects in particular or all of them in generall to attempt any thing either by way of fact or justice against the honour life or dignity of the Soveraigne albeit hee had committed all the wickednesse impiety and cruelty that could be spoken so Bodin By whose words it is cleare that the ancient kings of France weâ—e inferiour in Jurisdiction to their whole kingdomes and Parliaments yea censurable by them to deposition or death Yet that their kings of late are growne absolute Monarchs above their kingdomes Nobles Parliaments and so not responsible to or punishable by them for the grossest misdemeanours But if this their absolute Monarchy be onely an
people in the due subjection To thâ—s the Pope answered and wrote back to Pipin that he was best worthy and most profitable for the Realme to be admitted for King that ruled well the Commonalty by justice and prudence and the enemies thereof defended and subdued by his policie and manhood Aventine relates his answer more largely in these words I finde saith Zachary in the Story of Divine Scripture that the people fell away from their wretchlesse and lascivious king that despised the counsell of the wise men of the Realme and created a sufficient man one of themselves King God himselfe allowing their doings All Power and Rule belongs to God Princes are his Ministers in their Kingdomes And Rulers are therefore chosen for the people that they should follow the will of God the chiefe Ruler in all thingâ— and not do what they lifeâ— He is a true King that guideth the people committed to his charge according to the Prescript and Line of Gods Law all that he hath as power glory riches favour and dignitie HE RECEIVETH OF THE PEOPLE and the people MAY WHEN THE CAVSE REQVIRETH FORSAKE THEIR KING It is therefore LAVFVLL for the Franks and Germanes refusing this unkindly Monster Childericke to chuse some such as shall be able in warre and peace by his wisdome to protect and keep in safetie their Wives Children Parents Goods and Lives Which answer of the Pope recited and approved in our owne King Edward the Confessors Lawes and Childerickes deposition likewise Chap. 17. being declared to the Lords Barons and Commons of the Realme whom this Pope likewise wholly absolved from their allegiance to Childericke soone after they of one assent and minde proceeded and deposed and put downe their King and Governour Childericke being a Sott a foole abeast and one unfit to governe and closed him in a Monastery after he had reigned ten yeares in the Kings room by name onely which done they unanimously elected and crowned Pipin for their King By meanes whereof the Royall Line of Moroveus after 17 discents ended and the Crown was translated to Pipins blood Which act in point of policie is determined lawfull by Polybius who Writes That the reason why some Kingdomes became hereditary was onely this because their first Kings being vertuous and worthy men they were perswaded their Children would prove like them but if at any time they degenerat and prove otherwise and the posteritie of the first Kings displease the subjects they thenceforth make the Kingdome elective chusing Kings not according to their strength of body and mindes attempting great things but according to the difference of their will and reason manifested by their actions And by Aristotle who informes us That in Kingdomes confirmed in succession of blood this is to be numbred among the causes of their ruine that the Kingdomes descend to many contemptible and slothfull persons who although they obtaine no tyrannicall but Royall dignitie yet they live lustfully and proudly and so the Kingdome easily falls to ground and becomes a tyrannie the people being unwilling that such should rule over them and so either wholly alter the forme of government or make choice of a fitter King for the necessary preservation of the State yea this election in poiâ—t of Policie and Divinity too is justified and proved lawfull by Buchanan in his Book de Iure Regni apud Scotos by Iohn Mariana de Rege Regis Instit. l. 1. c. 3 5. by Pope Zachary in his forecited Epistle by King Edward the Confessor in his Laws c. 17. by a generall Councell of all the Peers and Prelates of France Convocato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VOLVNTATE OMNIVN Childericum solo nomine Regem à regni fastigio deponunt c. ac OMNIBVS GAVDENâ—IBVS ET VOLENTIBVS Pipinum super Francos REGNARE FACIVNT writes Antoninus and in a word our Bishop Bilson himselfe an Anti-Puritane and great Royalist affirmes That if the King be a naturall foole distracted and altogether unable to governe as Childericke was any Realme by publicke consent and advice may choose another to govern them of which more before Pipin deceasing Charlemain and Charles the great his sons reigned joyntly over the Frenchmen by their joyous admittance Having now two Kings instead of one Lewes sirnamed the godly sonne of Charles the great a pious yet unfortunate Prince by meanes of his sonne Lothair was first imprisoned and then by a Councell and Parliament held at Compaygne by authority of the spirituall and temporall Lords and of that Parliament discharged of all rule and dominion as well of the Empire as of the Realme of France after that shorne a Monke and thrust into the Monastery of Saint Marke where he was strictly guarded and when some of the Nobles and people afterwards desired Lothair to release and restore him to his former dignity he answered them That the deposing of him was done by the whole Authority of the Land wherefore if he should be againe restored it must be by the same Authority and not by him onely After which by the Lords assents hee was restored Lewes and Charles after Lewes Balbus their fathers death were joynt Kings of France and being very young by a Parliament held at Meaux Lewes the Emperour their Vncle was declared to be more apt to rule the Kingdome of France then these Infants or Barnard their Guardian and these Children held by some illegitimate Whereupon by the greater number of voyces an Ambassadour was sent to the Emperour to come and take upon him the Rule of middle France which he comming to doe his Nephewes friends compounded with him and then caused these Infants to be câ—owned and proclaimed Kings Charles the simple at his Fathers death Anno 895. being too yong to take upon him the charge of the Realme the Lords of France put him under good and convenient guiding and of assent they chose Eudo a man of great fame and worth to be King of the Land for the terme of his life and to guide the Land till Charles should come to his lawfull age whom they put under Eudo his tuition making him King in his stead who was crowned of Walter then Archbishop of Senys After which when Eudo knew he should dye he called before him the Lords and Nobles of France charging them by solemne Oath that after his death they should immediately crowne Charles for their King whom he had brought up with diligence in learning and all Princely vertues being then of age to governe Charles comming to the Crowne the Danes miserably wasted â—is Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and wâ—nt to the King shewing their misery and blaming his fearfulnesse and negligence that he no more for him resisted the Danes cruelty Whereupon he out of feare belike lest they should chuse another King to protect them compounded with Rollo chiefe Commander of the Danes giving him all Normandy
grievously discontented removed divers from their offices and put many of the richest and head men of the citie to death upon surmised causes without proofs of justice For which causes and many other oppressions the Lords againe assembled their people intending to subdue the king and to set his brother in his place or to cause him otherwise to rule the Commonwealth To which end all the Lords met at a Towne called Stampes where they continued their Councell fifteene dayes and then marched to Paris sending four severall letters unto the citie one to the Bishops and spirituall men the second to the Consulls and headmen the third to the Vniversitie the fourth to the Commonnalty signifying That neither they nor any of their company were come thither as enemies to the Citie or to warre against it or the Commonwealth of the Land but for the increase and augmentation thereof to the uttermost of their powers VVhereupon these foure parties sent certaine Orators for them to the Lords who after long communication with them had returned to the citie with this report First the Lords would that the inhabitants of the City should consider the conditions of the King which yearly oppressed his Subjects with taxes and other grievous servages Secondly how he despised the noble bloud of his Realme and drew to him villaines and men of no reputation by whose counsell onely all the Common-weale of the Land was guided and ruled Thirdly how hee ruled his Subjects by force and will without administration of justice and himself in all Counsels and Parliaments is Iudge of all causes and calleth himselfe Counsels and Parliaments more for this singular weale then for the Common-weale of his Realme Fourthly how he enhaunsed men of low birth to great honours and caused Noblemen to be obedient unto them intending to bring the said ignoble men to be equall with the Princes of the Land Fifthly how the Lawes be delayed and bolstered by such as stand in his favour wherethrough at this day Law is will and will is Law and no man almost in any surety of life or goods insomuch that daily many have been banished and put to death for unlawfull causes and also to any Noble-man at this day no power or roome of honour belongeth so that to the wild Beasts in the Forrests appertaineth more Liberty and surety then to the more party of the Kings subjects Sixthly The great taxes and summes of money which daily be levied of the Commons be not spent in the Kings honourable needs and for the Commonweale of the Realme but are spent vainly and riotously and bribed out of the Kings Coffers for which enormities and misgovernance with many other the said Lords were come thither in defensible wayes for the safeguard of their owne persons as to the head and principall City of the Realme for to have aide and Counsell to reforme the foresaid evills not intending any harme to the Kings person or yet to remove him from his regality or Kingly Majestie but to induce and advertize him to that which should be for his honour and the weale of his Realme and to live in wealth and honour as his Noble Progenitors lived before him For which causes and considerations the said Lords as the Kings true Subjects and friends to the Commonwealth of the Land and of that City desired to enter there to refresh them and their people and to pay truly for all things they should take without doing harme or violence to any person All which requests and matters of the Lords shewed to the Inhabitants of the City by fauour of some friends they there had it was with the more partie well accepted and thought convenient they should be received into the Citie but by meanes of the Earle of Davoise it was respited till they had further knowledge of the Kings pleasure who comming out of Normandie into Paris after diuers Skirmishes the King and Lords fell to a Treaty of peace whereupon Commissioners on both sides assembled and communed together by sundry times two dayes In which season new strength of Souldiers came to the King out of Normandâ— The Treatie hanging long and a longer Truce being proclaimed the souldiers fell to robbing and other unlawfull acts and at last through obstinacy on both parties all offers were refused and the day of the Truces expiration approached without hope of accord whereupon provisions for warre were made on both sides Then begun gâ—udges and murmures betweene the kings souldiers and the citizens of Paris and shortly after newes came to the king that the Castle and Citie of Roan was yeelded up to the Duke of Burbon VVhereupon the King considering what great advantage the Lords had of him both by strength and favour of the Commons which daily drew unto them by sundry companies in avoiding of more danger concluded a peace which being proclaimed thorowout all France the King and Lords met to whom the King shewed great semblance of kindenesse specially to his brother Charles Duke of Normandy wherein appeared great dissimulation Lewes being of such conditions That what he might not overcome with strength he would win with dissimulation and treachery Not long after the King warred upon Charles his brother the Duke of Burgundy and Brittaine and a Treaty of peace being propounded betweene them Charles answered That if a perfect concord should be established between the King and him it should be authorized by the whole consent and counsell of the Barons of the Realme VVith which the King being content at Turon in the moneth of April aâ—d tenth yeare of his reigne assembled a counsell of his Lords spiâ—tuall and temporall in the which the demands of Charles and offers of the king were shewed And after the said Counceâ—l had at length reasoned the said demands and offers it was finally determined That the Dutchy of Normâ—ndy was so appropriated unto the King of France and to his heires that in â—o wise it might be dissevered from the Crowne but that a perfect unitie might be had betweene the King and his brother the King should be instanced to give yearly to his brother in recompence of the said Dutchy 12000 pounds of Turon money with certain land to be assigned with the name of a Duke and 40000 annâ—all rent of like money during his naturall life for such portion as he claimed to be his right within the Realme To all which the king agreed and to pardon the Duke of offences against his Majestie and all such Lordships as he had wonne from him in Britaine to restore which offers Charles refusing was the yeare following contented with the Dutchy of Guyan onely and so the warre of Normandy ceased After Lewes his death most of his speciall and dearest beloved Servants and ill Councellours whom he specially recommended to his sonne Charles the ninth on his death-bed came to disgracefull ends Oliver Damman was beheaded for Treason and Iohn Doyacon for trespasse and hatred unto the common people by his desert was
not your own opinion alone in managâ—ng the affaires of the Realme Hereupon four and fifty Edicts and Commissions were revoked wherewith the Subjects had been oppressed When the King was to be Crowned the Prelates made this request to him at the Altar before his Coronation We pray and require that you would grant unto every one of us and the Churches whereof we have the charge the Canonicall priviledgeâ— good lawes and justice and that you will defend us as a king ought all his Bishops and their Churches Whereunto the king answered I promise to preserve you in your Canonicall priviledges as also your Churches and that I WILL GIVE YOV in the future GOOD LAWS and do you Iustice and will defend you by the help of God according to my power as a king in his Realm OVGHT TO DO IN RIGHT AND REASON to his Bishops and their Churches After which having been acknowledged their lawfull Prince BY A GENERALL CONSENT OF ALL THE ORDERS the Gardinall of Ioyeuse presented unto him the Oath of the Kingdome the sacred Bond of the fundamentall Lawes of the State the which he took publikely in these words with invocation of the Name of God having his hand upon the Gospell which he kissed with great reverence I promise in the Namâ— of Iesus Christ these things to the Christians subject unto me First I will endeavour that the Christian people shall live peaceably within the Church of God Moreover I will provide that in all vâ—cations theft and all iniquitie shall cease Besides I will command that in all judgements equitie and mercy shall take place to the end that God who is gentle and mercifull may have mercy both on you and me Furthermore I will seâ—k by all means in good faith to chase out of my Iurisdiction and the Lands of my subjection all Hereticks denounced by the Church promising by Oath to observe all that hath been said So help me God and this holy Evangell After this Bellarmines Book of the Popes power in temporall causes Becanus and Scoppius Books Marianaes Book de Râ—ge Regis institutione Suorez his Book with others which taught That the Pope was above Kings in temporall things and that it was lawfull for private subjects by the Popes authoritie to murther kings that were Heretikes and that the murthers of Henry the third and fourth by Chastle and Ravillac were lawfull and commendable were prohibited and condemned to be burnt by Edicts of Parliament Anno 1611. the Reformed Churches of France at their generall Assembly at Samure by the Kings permission made a generall Vnion which they did swear to keep inviolably for the good quiet and advancement of the said Churches the service of the King and Queen Regent and preservation of the Estate and appointed six Deputies therein for the dispatch of all their affaires Anno 1614. the Prince of Conde with divers other Princes Dukes Peers Noblemen and Officers of the Crowne retinued from the Court in discontent and meeting at Meziers writ severall Letters to the Queen Parliament and others complaining therein of divers gâ—ievancâ—s and disorders in the government which they desired might be redressed by summoning a generall Assembly of the three Estates to be free and safe to be held within three â—oneths at the furtâ—est protesting that they desired nothing but peace and the good of the Realme that they would nâ—t attempt any thing to the contrary unlesse by the rash resolution of their enemies who covered themselves with the Cloke of State under the Queene Regents authority they should be provoked to â—â—pell the injuries done unto the King and State BY A NATVRALL IVST AND NECESSARY DEFENCE After which with much adoe Articles of Peace were concluded on at Saint Manchold between the King Queen Regent and these Nâ—bles wherein it was among other things accorded That the generall Estates of the Realme should be assembled at Sens by the four and 20. day of August in which the Dâ—puties of the three Estates may with all libertie propound whatsoever they shall think in their consciences to be for the good of the Realme and ease of the subject thaâ— thereby the King with the advice of the Princes Estates might make some good Laws and Ordinances to contain every man in his dutie to fortifie the Lawes and Edicts made for the preservation of the publike tranquilitie and to reforme the disorders which may give just occasion of complaint and discontent to his good subjects That the Kings Mariage with Spaine formerly concluded on should be respited and not proceeded in during his minority that all Garisons put into any places of the Realme by reason of the present motions should be discharged that Letters Patents be directed to all Courts of Parliament to be verefied by which his Majestie shall declare that the said Princes Nobles and others of â— hat quality and condition soever which have followed and assisted them in these alterations had no bad intentions against his service with all clauses necessary for their safeties and discharges that they may not be called in question hereafter and that they shall be restored to their Offices Estates and Dignities to enjoy them as they had formerly done And in like manner his Majestie shall write to all Princes Estates and Common-wealths allied to the Crowne and men of qualitie shall be sent expresly to them to let them understand what he had found concerning the innocency and good intention of the said Princes Officers and Nobles After which the three Estates were published Deputies elected and the King by his Councel and Parliament of Paris was declared of full age according to a fundamentall Law made by Charles the fift ratified by the Court of Parliamnt That the Kings of France having attained the full age of thirteene years and entring into the fourteenth they should take upon them the Soveraigne Government of the Estate Whereupon the Queen Mother in the Parliament resignes the Regency and reignes of the Empire into his hands After which the three Estates assembling abolished the sale of all offices of judicature and others which tend to the oppression and ruine of the People suppresse Duels the Commons and Deputies of the three Estates present a Petition of all their grievances to the King consisting of severall natures and pray redresse And for the securing of the Kings Crowne and person against the Popes usurpations and attempts they desired that it should be declared by the said Estates and set down as a fundamentall Law That the King did not hold his Realme of any but God and his sword and that he is not subject to any superiour power upon earth for his temporall estates and that no Book should be printed containing any Doctrine against the person of Kings touching the question too much debated by presumptuous men whether it be lawfull to kill Kings The Clergy of France except against this Article as a point of doctrine and conscience not of State policie as the Commons
pretended fit onely for the Clergies determination not the Commons or three Estates as a means to ingender a schisme and offend the Pope and after much debate prevail and suppresse it In fine after many debates the three Estates brake up without any great â—edresse of their grievances or full answer to their Petitions which was defaced hereupon the Parliament at Paris the seven and twentieth day of March 1615. decreed under the Kings good pleasure That the Princes Dukes Peers and Officers of the Crowne having place and deliberate voyce therein being then in the Citie should be invited to come into the Court there with the Chancellour and all the Chambers assembled to advise upon the propositions which should be made for the kings service the ease of his subjects and good of his estate and to draw up a Remonstrance to this effect Some Court Parasites presently acquaint the King and Queen Mother with this Decree as if it were an apparent enterprize against the Kings Authoritie and did touch the Queens Regency which they would controll and objections are made against it in Councell whereupon the Parliament are sent for to the Court severall times and ordered to revoke this Decree they excuse and justifie it then draw up a Remonstrance to the king consisting of many Heads wherein among others they â—ffirme That the Parliament of Paris was borne with the State of France and holds place in Councell with Princes and Barons which in all ages was near to the Kings person That it had alwayes dealt in publike affairs that some Kings which had not liked of the Remonstrances of the Parliament at Paris did afterwards witnesse their griefe That Popes Emperours Kings and Princes had voluntarily submitted their controversies to the judgement of the Parliament of Paris c. To which I shall adde some passages out of Andrew Favine in his Theater of Honour touching the dignitie power and honour of the Parliaments of France In the Register of the Acts of Parliament beginning 1368. there is one dated the twenty seventh of Iune 1369. for matter of murder and assassinate committed on the person of Master Emery Doll Councellor of the said Parliament whereby it was approved That it was a crime of High Treason to kill a Councellor of Parliament And in Anno 1475. on the eleventh day of November Mounseir the Chancellor came to advertise the Court for going to hear the confession of the Constable of Saint Paul to whom for his rebellions and disobediences king Lewes the eleventh directed his Processe And the said Parliament declared That there was not a Lord in the Kingdome so great except the King and Mounsiour le Daulphine but ought to come and appear at the said Parliament in person when it was ordained for him And this is witnessed by a Lyon abasing his tail between his Legs exalted over the gate and entrance of the great Chamber by the Parquet des Huisiers thereof So that by this illustrious and Soveraigne Parliament are ordered and determined the principall affairs of the kingdom And in Anno 1482. the second day of Aprill king Lewâ—â— the eleventh sent unto the Parliament the Oath which he took at his sacring exhorting the said Parliament to performe good justice according as the King had promised to doe by his said Oath which he purposed to keep and the Oath is there Registred downe The Parliaments of France are Oaks with exalted Heads under whose Branches the people are covered from the very strongest violencies which constraineth them to yeeld obedience to their Prince But when Princes by bad councell misprize the authoritie of them whereof they ought to be zealous defenders as being exalted to the Royall dignity to rule and governe their Subjects by justice they cut off the right hand from the left If they refuse the holy Remonstrances of their Parliaments under color that they are not to meddle with affairs of State but onely with the Act of justice and lend a deaf ear when they are advertised of evill Government it is an assured Pronostick forewarning of the entire decadence of the Kingdome Strange and forraigne Princes have sought and submitted themselves to the judgement of their Parliament evâ—n in their affairs of greatest importance The Chronicle of Laureshime under the year 803. followed by the Monk Aimonius in the fourth Book of his History of France reporteth that king Lewes the Debonnaire holding his Parliament in May there came thither from strange Provinces two Brethren kings of Vvilses who with frank and free good will submitted themselves to the judgement of the said Parliament to which of them the Kingdom should belong Now albeit the custom of the said kingdom adjudged the Crown to the eldest according to the right of Prerogative allowed and practised by the Law of Nature and of late memory in the person of the last dead king Liubus father commune to these two contendants yet notwithstanding in regard of the subjects universall consent of the Kingdom who for the cowardise and want of government in the Elder had given the Crowne to the Younger for valliancie and discreet carriage by sentence the Kingdom was adjudged to him and the Eldest did him homage with Oath of allegiance in the said Parliament Under the third Ligne in the reign of Philip Augustus Pope Innocent the third and the Emperour Otho the fourth being in variance for the forme and tearms of the Oath of fidelity with the said Emperour should make to the Pope they referred it to the judgement of king Philip in his Parliament furnished with Peers Otho made some exception concerning the forme and terms of the Oath And not being able to agree of themselves both parties submitted to the judgement of king Philip Augustus and of his Court of Parliament furnished with Peeres So that by order given at Melum in Iuly 1204. the form of the said Oath was prescribed and registred in the Parliament Register at request of the said parties and sent unto Otho to render it to the said Pope Innocent who sent this assurance and Certificate to the said Parliament for Registring it being performed Innocentius Episcopus servus servorum Dei charissimo filio nostro Philippo Francorum Regi charissimo salutem Apostolicam benedictionem absque dubitatione noveritis quod secundum formam a vobis Curiae Regni vestri paribus praescriptam habetur apud nos jusjur andum charissimi Filii nostri Othonis Romanorum Regis illustris aurea Bulla munitum nobis Ecclesiae praestitum Ego Otho Romanorum Rex semper Augustus tibi Domino meo Innocentio Papae Ecclesiae Romanae spondeo polliâ—eor juro quod omnes possessiones honores jura Romanae Ecclesiae pro posse meo bona fide protegam ipsam ad eas retinendas bona fide jâ—vabo Quas autem nondum recuperavit adjutor ero ad recuperandum recuperatarum secundum posse meum ero â—ine fraude defensor quaecunque and
manus meas devenient sine difficultate restituere procurabo Ad hanc autem pertinent tota terra quae est de Radicafano usque ad Ceperanum Exarcatus Ravenna Pentapolis Marchiae Ducatus Spoletanus terra Conitissâ—e Mathildis Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI Has omnes propossâ— mâ—â— restituam quietè dimittam cum omne jurisdictionâ— districtâ— honore suo Verunt amen cum adrecipiendam Coronam Imperij vel pro necessitatibuâ— Ecclesia Romanaâ— ab Apostolica sede vocatus accessero demandato summi Pontifâ—â—â—â— ab illis terris praestationes accipiam Praetereà adjutor ero ad retinendum defendendum Ecclesiae Romanae REGNVM SICILIAE Tibi etiam Domino meo Innocentio Papae Successoribus tuis omnem obedientiam honorific entiam â—xhibeo quam devoti Catholiâ—i Imperatores consueverunt Sedi Apostoliâ—ae exhibere Stabo etiam ad consilium arbitrium tuum de bonis â—onsuetudinibus populo Romano servandis exhibendis de negotio Tusciae Lombardiae Et si proptâ—r negotium meum Romanam Ecclesiam oportuerit inâ—urrere guerram subveniam ei sicut necessitas postulaverit in expensis Omnia vero praedictatâ—m juramento quam scripto firmaâ—o cum Imperij Coronam adeptus fuero Actum Aquis-Grani Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto mense Marcy Regni nostri septimo William Rishanger Monk in the Abbey of Saint Albane in England continueâ— of the History of Matthew Paris observeth under the year 1263. that the king of England Henry the third and the Barons of England who made warre upon him committed their whole difference and quarrell to be judged by the Parliament of France Vt pax reformaretâ—r inter Regem Angliae Barones ventum est ad istud ut Rex pâ—oceres se submitterent ordinationi Parliamenti Regis Franâ—ae in the time of Saint Lewis in prâ—emissis provisionibus Oxoniae Nec non pro depraedationibus damnis utrobique illatis Igitur in crastino S. Vincentij congregato Ambianis populopene innumerabili Rex Franciae Ludovicus coram Episcopis Comitibus alijsque Francorum proceribus solâ—mniter dixit sententiam pro Rege Angliae contra Barones statutis Oxoniae provisionibus ordinationibus ac obligationibus penitus annullatis Hoâ— excepto quod antiquae Chartae Joannis Regis Angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare In this Parliament at Amiens were present the King of England Henry the third Queen Elenor his wife Boniface Archbishop of Canterbury Peter Bishop of Hereford and Iohn Maunsell and on the Barons of Englands side a very great number of choice elected Lords who the same year repassed back into England after the Parliament as the same Monk speaketh Thus Favine in the behalfe of the French Parliaments concerning whose power and priviledges you may read much more in him and others But to returne to the former History The Queen Mother was much discontented with this Remonstrance of the Parliament pretending that they had an intent to call her Regency in question which all had commended that they could not speak of the Government of the affaires of the Realm without touching her c. Whereupon she commanded the Chancellour to give them this answer in the kings name That France was a Monarchy wherein the king alone commanded holding his Realm Soveraignly from God That he had Lawes and Ordinances by which to governe them for the which he was not to give an account to any man That it did not belong unto the Parliament to controll his Government That they neither could nor ought to complain of the Queens Regencie which had been so happy That the Queen was not to give an account of her Regency but to God onely That no man could prescribe unto the King what Councellors he should entertain c. with many other such bigge words After which there was a Deâ—ree made in the Councell of State against the Decree and Remonstrance in Parliament disanulling and revoking them as void and forbidding the Parliament hereafter to meddle with affairs of State The Court of Paliament in generall complained much of this Decree the kings learned Counâ—â—ll refuse to carry or cause it to be read in Parliâ—ment because it would cause an alteration of the good affections and devotions of the Kings good subjects and the dis-union of the greatest companies of the Realme who administer justice which makes kings to Reign After which this controversie was compremised and the Decree of the Councell against the Parliament suspended and not enrolled Soon after the prince of Conde with divers others seeing all things disordered at Court and little or no reformation of their former grievances desert Paris expressesse their grievances in â—undry letters and Articles of complaint wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three Estates of the Decree and proceedings against the Iurisdiction Remonstrance and proceedings of the Parliament of Paris Of suffering some Councellâ—rs of State to usurpe all the power of the Kingdom to pervert the Lawes and change all things as they list with sundry other particulars In these they intreat and exhort all men of what condition or quality soever that call themselves Frenchmen to assist and ayde them in SO IVST A CAVSE conjuring all Princes and forraign Estates to do the like and not to suâ—â—er such good and loyall subjects to be supprest by such a conspiracie Vpon this the king and Q. Mother through advise of these ill Counsellors raise an Army declare these Princes and Nobles Rebels and Traitors if they submit not by a day wherupon they Arm raise Forces in their own the publikes defence and being at Noyon concluded That as their Armes were levyed forthe maintenance of the Crown so they should be maintained by it to the which end they seized on the kings Rents and Revenues in sundry places Mean while the Protestants being assembled in a generall Synod at Grenoble Marsh. Desdiguires makes an Oration to them to disswade them from opposing the mariage with Spaiâ— wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of Religion and Liberties We have leisure to see the storme come and to prepare for our own preservation Finally having continued constant in our Duties if they seek to deprive us of our Religien and to take that from us wherein our libertie and safetie depends purchased by the blood of our Fathers and our own and granted unto us by that great King Henry the fouâ—th the restorer of France we shall enter into this comerce full of justice and true zeale finde againe in our breasts the courage and vertue of our Ancestors We shall be supported IN OVR JVST DEFENCE
by all good Frenchmen assisted by all Princes and Estates which love the true Religion or the good of this State and in a word we shall be favoured of the blessings of God whereof we have hitherto had good experience in our Arms and which will be to the glory of his Name and the spirituall advancement of our Churches After which the Duke of Rhoan and Protestants in defence of their Religion and Liberties joyn with the Princes and Nobles At last both sides came to Articles of agreement made at Luudun Anno 1616. whereof these were a parcell That the grievances of the generall State should be speedily answered That Soveraign Courts should be preserved in their authority and the Remonstrances of the Parliament and Peers considered of That such as had been put from their Offiâ—es should be restored That all moneys they had taken out of the kings Revenues should be discharged All Edicts of pacification granted to them of the Reformed Religion observed The prince of Conde and all those of either Religion who had assisted him in this â—ar held for the Kings good and loyall subjects all illegall Imposts removed and all prisoners taken on either side set at liberty Anno 1617. the King and Queene Mother seizing upon the Prince of Conde his person and sending him to the Bastile upon false pretences of disloyaltie and treason caused new insurrections warres and tumults and the Princes hereupon meeting at Soyssons resolved to make open war to seize on the Kings Revenues and to fortifie those Towns and Castles which they held in their Government which they executed and withall set forth a Remonstrance of their grievances unto the king complaining especially against the Marshall of Ancre and his Wife with their adheronts who were the causes of all their miseries who having drawn unto himselfe the whole administration of the Realme made himselfe master of the Kings Councels Armies and Forts thereby supprest the lawfull libertie and Remonstrances of the Parliament caused the chief Officers to be imprisoned and was the cause of the violence done to the Prince of â—onde first Prince of the Blood To the end therefore that they might not be reproached to have been so little affected to his Majestie so ungratefull to their Countrey and so unfaithfull to themselves and their posterity as to hold their peace seeing the prodigious favour and power of this stranger they beseech his Majestie to provide by convenient means for the disorders of the Estate and to cause the Treaty of Loudun to be observed and to call unto his Councels the Princes of the Blood with other Princes Dukes Peers ancient Officers of the Crowne and Councellors of State whom the deceased King had imployed during his reigne Withall they publish a solemne Declaration and Protestation for the restoring of the Kings authority and preservation of the Realme against the conspiracie and tyrannie of the Marshall of Ancre and his adherents Who finding no safetie in the settling of jâ—stice resolved to make triall of his power by violating the publike faith thereby to plunge the Realme into new combustions conspiring to destroy the princes of the blood of Peers and chiefe Officers of the Crowne and to oppresse them altogether with the State who might be an obstacle to his ambitious designes To which end he raised false accusations against them as if they meant to attempt the Kings and Queen Mothers persons and caused the King to go in person to his Court of Parliament to publish a Declaration whereby they were declared guilty of Treason though at last being better informed he declared them to be his good Subjects and caused De Ancre to be suddenly slain in the Louure and his Wife to be legally condemned and executed Vpon which the new Councellors and Officers advanced by him were removed the old restored the Princes reconciled to the Kings and by him declared for his good and loyall subjects Vpon which followed a generall assembly of the Estates wherein divers grievances were propounded and â—ome redressed the King therein craving their advice for the setling and ordering of his Privie Councell Anno 1620. there happen differences between the King and Queen Mother who fortified Towns and raised an Army against the king at last they came to an agreement and were reconciled The two following years were spent in bloody civill warrâ—s betweene the King and those of the Religion who avowed their defensive warres lawfull which at last concluded in peace that lasted not long but brake out into new flames of war by reason of the great Cardinall Richelieu who of late years proved the greatest Tyrant and Oppressour that France ever bred reducing both Nobles Gentlemen and Peasants into absolute slavery and vassallage to make the King an absolute Monarch of France and himselfe both Pope and Monarch of the world But he lately dying by the of Divine Iustice of filthy Vlcers and Diseases and the King since being some say poysoned by the Ieâ—uiteâ— who murthered his two immediate Predecessors wise men conjecture the French will now at last revive and regain their ancient jâ—st hereditary freedom rights Liberties and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years and almost brought to utter desolation I have the longer insisted on these Histories of the Kings and Kingdom of France which clearly demonstrate the Realm Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort paramount their kings them selves who are no absolute Monarchs nor exempted from the Laws jurisdiction restraints censures of their Kingdom and Estates assembled as some falsly averre they are because our Royalists and Court Doctors pâ—rallell England with France making both of them absolute Monarchies and our greatest malignant Councellors chiefe Designe hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France which how pernicious they have proved to that unfortunate Realm what infinite diâ—tructive civill warres and combustions they have produced and to what unhappy tragicall deaths they have brought divers of their Kings Princes Nobles and thousands of their people the premisses other Storyes will so far discover as to cause all prudent Kings and Statesmen to â—â—eer the Helme of our own and other Kingdoms by a more safe steddy and fortunate compasse Thus I have done with France and shall recompence any prolixity in it with greater brevity in other Kingdoms when I have overpassed Spain From France I shall next â—â—eer my course tâ— the Kingdomes and Kings of Spaine whom Iacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado 1602. professedly undertakes to prove to be of greater digâ—ity and to have the Precedency of the Kings and Kingdoms of France which Cassaâ—aeus and all French Advocates peremptorily deny The first Kings of Spain over-run by the Goths and Wisigoths are those
Castile Anno 1247. The Lawes and Customes of Arragon were reduced into writing by King Iames his appointment and compacted into one body having till that time been observed onely by tradition which Volume was confirmed by the Estates held at Huesca And the same yeere the King of Castile erected a kind of Chancery and standing Court of Parliament of 12. learned men which followed the Court. Anno 1254. Thibald the 2. king of Navarre being but 15. yeers old at the descent of the crown unto him was at 25. yeers of age declared of full age and crowned King in the great church of Pampelone where he did sweare TO PRESERVE AND AUGMENT THE PRIVILEDGES OF THE COVNTRY Afterwards he doing homage to the king of Castile for the Realme of Navarrâ— as his predecessours had done before him and making such a peace with him as the prelates Knights and Commonalties of the Realme in the States had approved yet divers knights and the Inhabitants of the Borough of Sâ— â—â—rmin of Pampelone disallowed this homage this peace and would not subscribe to it as tending to the kings dishonour whereupon the king did punish them by sines but his choller being past some few dayes after considering they were good and faithfull subjects loving his honour and greatnesse and that they resisted his will out of true love and zeale which they owed to the Crowne and their Countrey hee caused their Fâ—nes to be restored Alphonso the 3. fifth King of Porâ—â—gall putting away his 〈◊〉 wife Mahauis without cause after he had children by her and marrying 〈◊〉 hereupon when by no intreaties of Friends or the Pope he would entertaine his first wife again he was excommunicated by the Pope and his Realme interdicted 10 or â—â— yeerspace continuing still obstinate till his first wife dyed after which he was absolved Anno 1260. and in some yeere following there were divers 〈◊〉 concerning the Crown Lands and setling of Portions for the King of Aâ—ragons younger children moved and determined in the Assembly of the Estates of Arragons and the Nobility complaining that their King Iames did bâ—â—ake 〈◊〉 made many Leagues and Factions This matter being debated 〈…〉 Saragossa and then at Exea in the yeare 1265. for pacifying these troubles they enacted That no honours nor military fees should be given to any but to Gentlemen of race and born in the Countrey That no Gentleman should be subject to the 〈◊〉 of Cattell nor to any other That in all controversies which the Nobility might have against the king or among themselves the Magistrate called the Iustice Maâ—or of Arragon should be Iudge being assisted by the Councell That the King should not give the fees and Military rewards allotted to them that doe him service as are coâ—peace of their vertue and valour to any of his lawfull children who by right have their portions in the Realme Anno. 1274. Iames King of Arragon comming to the Councell of Lions desirous thereto be crowned by the hands of Pope Gregory a ceremony whereof he made great account the Pope refused him unlesse he would acknowledge himselfe vassall to the church of Rome and pay the arrerages of the rent which the deceased King Don Pedro his Father had promised the which King Iames would not doe holding it an unworthy thing so to dâ—base the greatnesse of his Crowne and restraine the Liberty of his Realme in any sort And this yeare there were great and continuall Tumults in Arragon the Nobility opposing themselves against the King for composing which differences the Estates of Arragon assembled in Parliament at Exea where king Iames tooke the government and managing of the affaires of the Realme from his sonne Don Pedro and diverse great Dons were there condemned of contumacy and their Lands confiscated by the Iustice Major of Arragon In this Assembly the Nobility pleaded the Priviledges of Catteloyne That the Nobility might quit the Kings obedience in case of controversies and suites especially if there were question of their Liberties and to protest it publikely Anno 1265. Denis the infant King of Portugall desired his Grandfather Alphonso King of Castile to discharge the Realm of Portugall of the homage and vassallage it ought to the King of â—eon who thinking it would be taken ill by the Noblemen his Subjects advised the infant to propound it in an open Assembly called to that end The opinion of Don Nugno de Lara was that by no meanes he should diminish the authority and greatnesse of his Crown which he should doc if he did quit this homage to the King of Portugall For which opinion the King growing angry with him the residue fearing the kings displeasure advised him to doe it Whereupon the Realme of Portugall was freed from all homage and subjection due to the Kings of Leon and Castile For which prodigality the other Nobles and D. Nugno were so much discontented that they made a League with the King of Granado against their own King for dismembring Portugall from the Crown of Leon to pacifie which differences the King used many mediations and at last called an Assembly of the Estates at Burgos the which was held without the Towne for the safety of these Confederates That great Astronomer Alphonso King of Castile who presumed to controule the Author of Nature saying That if he had been at the Creation of the world hee should in many things have been of another opinion and amended Gods workmanship was a most willfull indiscreet unfortunate Prince for his eldest sonne Fernand dying in his life time leaving Alphonso and other issue males behind him Don Sancho his second son resolved to dispossesse his Nephews of the kingdom saying That it was fit that he who was a Knight and learned to govern a Realme were it in warre or peace should raigne after his Father rather then his Nephews sons of his eldest brother who were very young having need of Regents and Governours charges which were affected by great personages who by reason thereof grew into quarrels one with the other to the oppression of the people and hazzard of the Estate After which Don Lope Diaz of Haro pressed the King to declare Don Sancho his sonne his successour in the Realmes of Castile Toledo Leon and other places being his eldest sonne then living to which he giving a cold answer at first having afterwards assembled the Estates in Segobia he was by the King and the Estates consent declared and received as heire to the Crown after his Fathers decease Fernands children being disinherited of their right which fact was then excused and justified because there was no law at that time which did binde the King much lesse the Estates to leave the Realme more to one sonne then to another since which there was a law made and received in the time of Fernand the 5. in the City of Taro where it was decreed by the Estates upon this difficulty That the Children of the elder brother deceased representing their fathers
person should in that respect be preferred before the Vncle Hereupon Queen Violant and Blanche widow to Fernand were so much discontented with the Decree of the Estates disinheriting the eldest brothers sonnes as taking the young children with them they departed out of Castile to Don Pedro King of Arragon where Don Sancho caused his Nephews to be imprisoned whom king Alphonso labouring under hand to get releasâ—d Don Sancho advertised hereof made a league with the Moores of Granado against his Father and by assent of his confederates took upon him the Title of Regency of the Kingdome of Castile and other his Fathers dominions refusing the Title of King during his Fathers life time who was forced to pawn his royall Crown and Iewels to Iacob Abin Ioseph a Moore King of Morocco who aided him willingly against Don Sancho After which in an Assembly of the States at Cordova with the advise of the Noble men and knights of Castile thereupon sent by a Decree pronounced by the mouth of Don Manuel in the name of the whole Nobility Alphonso was deprived of all his Realmes for murthering his brother Don Frederick and burning Don Rues unjustly without any forme of justice or orderly proceedings the breach of the rights and priviledges of the Nobility and the excessive wasting of the treasure of the Realme Vpon this there arose bloody Warrâ—s between the Father and sonne and in the yeere 1282. Alphonso was so vexed with his sonnes proceedings that hee pronounced in the presence of many men of ranke both Clergie and Laity in the City of Sevill The curse of God and his upon Don Sancho a sonne said he disobedient rebellious and a paricide declaring him uncapable and unworthy to reign depriving him of his successions inheritance and discharging the subjects as much as in him lay from all oath and homage which they had done unto him But these were but words which Don Sancho did not much esteem enioying his Fathers kingdomes after his decease in Title as he did before in act and dying king of Custile his hâ—ires succeeded him in that Realme as lawfull heires thereunto Don Pedro the third king of Arragon about the yeare 1283. had many controversies with his Nobles and knights who complained much of his sower disposition and tyrannous manner of Government insulting over the greatest yea against his own blood contrary to all Law and nature Wherefore being ill intreated by him in their freedomes whereof the Townes and Commonalties of his Countries did also complain the Nobility Knights and Gentry for preservation of their Liberties made a Vnion together among themselves and with the people promising and swearing to lâ—t the King and his sonne Don Alphonso who was his Lieutenant Generall understand that if they did not contain themselves within the limits of the Lawes of the Country they would withdraw themselves from their obedience and declare themselves enemies and pursue them by armes that should seek to break them The king hereupon called the Estates to Tarrasone and afterwards to Saragossa where he intreated promised and did all what he could to break this Vnion but he was forced to yeeld and granted to the Arragonians the priviledge they call Generall whereby their Liberties which had been somewhat restrained were again restored the ancient manners of the Country and customes of their ancestours put in practise And moreover there were Laws made for their Kings which they should be bound to obey and for that they were in a mutiny in some places by reason of certain Impositions laid upon salt the traffique thereof was made free by the Estates And the king refusing the judgment of the Iustice Maior of Arragon deposing Pedro Martines Artassone who then exercised it from his Office the Estates soon after at an assembly at Zutaria fortified it with stronger Laws deeming the Iustice of Arragon to be a lawfull Iudge whom the King himself could not displace even in Cases commenced against the King who being cited and not appearing there were Decrees made against him in many instances In the end the King confirmed the Decrees of the Iustice Maior and whatsoever should be concluded by the Estates the Deputies and Councellors having given their suffrages I read in Hieronimus Blanca that about the year 1212. the Arragonians taking it ill that their Liberties gotten with their blood should so many wayes be subverted as then they were by King Pedro the first raised up the Name and forces of a Vnion that with one force and the consent of all one minde as it were being made out of all they might more easily propulse so great injuries but what was then done hereupon is not recorded But the two memorable Priviledges of the Vnion under King Alphonso the third are said to spring from thence Don Alphonso king of Aragon succeeding Pedro Anno 1286. he was admonished by the Estates Ambassadours to come speedily to the Assembly at Saragossa where having sworn and promised the observation of the Customs Rights and Priviledges of the Countrey and received the Oath of fealty from the Deputies he might lawfully take upon him the Title of the King of Aragon the which they said he might not use before this Act and Ceremony according to the ancient customs of Aragon Vpon these summons he came to the Assembly of the Estates to Saragossa took the Oath aforesaid after which he was Crowned Which done there grew in this assembly a great contention touching the reformation of the mannors of Courtiers and the ordering of the Kings house the Noblemen and Deputies of the Estates of Aragon maintaining that the conusance thereof was incident to their charge the King and his houshold servants on the other side denied that there was either Law or custom which tyed the King or his followers to any such subjection In the end it was concluded that the reformation of the Court should be made by twelve of the principall Families the like number of Knights four Deputies of Saragossa and one of either of the other Cities the which should give their voices in that case This Vnâ—on of Aragon obtained likewise a Decree that the King should have certain Councellors chosen to wit four of the chief Nobility four Knights of noble and ancient races four of his houshold servants two Knights for the Realm of Valencia two Citizens of Saragossa and one of either of the other Cities whom they particularly name with a condition that whilest the King should remain in Aragon Ribagorca or Valencia two of those Noblemen two of his servants two Knights of Aragon one of Valencia and the four Deputies of the Realm of Aragon should follow and reside in his Court AS COVNCELLORS APPOINTED BY THE VNION who protested by solemn Deputies sent to the King to that end that if he did not receive observe and maintain those orders THEY WOVLD SEIZE VPON ALL HIS REVENVES and on all the fees Offices and dignities of such Noblemen as should contradict them Thus were
the long was elected by the Estates of Navarre to be their king in right of his wife but it was upon conditions drawn in writing which they tendered to him and the Queen to subscribe and sweare to before the solemnities of their Coronation in the Estates assembled at Pampelone which they yeelded willingly unto whereof the principall Articles were these 1. First to the Estates to maintain and keep the Rights Lawes Customes Liberties and priviledges of the Realme both written and not written whereof they were in possession to them and their successours for ever and not to diminish but rather augment them 2. That they should disannull all that had been done to the preiudice thereof by the kings their Predecessors and by their Ministers without delay notwithstanding any Let. 3. That for the tearme of 12. yeares to come they should not coyne any money but such as was then currant within the Realme and that during their lives they should not coyne above one sort of money and that they should distribute part of the revenues profits and commodities of the Realme unto the Subiects 4. That they should not receive into their service above foure strangers but should imploy them of the Countrey 5. That the Forts and Garrison of the Realme should be given unto Gentlemen borne and dwelling in the Countrey and not to any stranger who should do homage to the Queen and promise for to hold them for her and for the lawfull Heire of the Countrey 6. That they should not exchange nor engage the Realme for any other Estate whatsoever 7. That they should not sell nor engage any of the Revenues of the Crowne neither should make any Law nor Statute against the Realme nor against them that should lawfully succeed therein 8. That to the first sonne which God should give them comming to the age of twenty yeares they should leave the kingdome free and without factions upon condition that the Estates should pay unto them for their expences an hundred thousand Sanchets or other French money equivalent 9. That if God gave them no children in that case they should leave the Realme after them free with the Forts in the hands of the Estates to invest them to whom of right it should belong 10. That if they infringe these Articles or any part of them the Subiects should be quit of their Oath of subiection which they ought them These Articles being promised and sworne by the king and Queen they were solemnly crowned and the Deputies of the Estates Noblemen and Officers of the Crown took their obedience to them Vpon this agreement all the Castles and places of strength in Navarre were put into the hands of the Estates who committed them unto the custody of faithfull knights in whose keeping they continued a Catalogue of which Castles with the names of the knights that guarded them by the Estates appointment in the yeare 1335. you may read at large in the Generall History of Spaine Before this Anno 1328. the Estates of Navarre assembled at Puentala Reyna to resolve without any respect TO WHOM THE REALM OF NAVARRE BELONGED whether to Edward king of England or to Iane Countesse of Eureux The Estates being adjourned to Pampelone the chief Town of the Realme their opinions were divers many holding that king Edward should have the Realm as Granchilde born of the daughter to Queen Iane daughter to King Henry rather then the Countesse of Eureux in regard of the Sex others with more reason held for the Countesse who was in the same degree but daughter to a Son and Heir to Queen Iane. These prevalled drawing the rest to their opinion whereupon the Countesse was declared true and lawfull Queen of Navarre the Realm having been vacant above four Moneths And untill that she and Count Philip her husband should come and take possession of the Realm they declared the Regent and Viceroy Don Iohn Corberan of Leet Standard bearer of the Realm and Iohn Martines of Medrado Lo here a Parliament of the Estates of Navarre summoned by themselves without a King determining the Right of succession to the Crown appointing a Vicegerent and prescribing such an Oath and Articles to their king as you heard before Anno 1331. king Philip of Navarre to administer justice erected a new Court of Parliament in Navarre which was called New to distinguish it from the old HE AND THE THREE ESTATES of the Realm NAMING MEN WORTHY OF THAT CHARGE Queen Iane and Philip deceasing their son Charles the second surnamed the Bad for his crueltie and ill manners was called by the three Estates of Navarre to Pampelone and there crowned in their Assembly after the manner of his Ancestors swearing to observe the Lawes and Liberties of the Country Aâ—ter which a far stricter Oath was administred to Charles the 3 An. 1390. Anno. 1325. In a generall assembly of all the Estates of Arragon Don Pedro son to the Infant Don Alphonso was sworn presumptive Heir and Successor to the Crown after the decease of his Grandfather and Father the which was there decreed and practised for that Don Pedro Earl of Ribagorca did maintain that if his brother Don Alphonso should die before their Father the Realm did belong to him by right of propriety being the third brother rather then to his Nephew the son of the second brother In this Assembly the Articles of the generall priviledges were confirmed and it was ordained for a Law That no Freeman should be put to the Racke and that confiscations should not be allowed but in Cases of Coyning and High Treason Anno 1328. Alphonso King of Castile treacherously murthering Don Iohn the blinde his Kinsman in his own Court when he had invited him to dinner on all Saints day and then condemning him for a Traitor confiscating his lands a fact unseemly for a King who should be the mirrour of Iustice Hereupon Don Iohn Manuell stood upon his Guard fortified his Castles revolted from the King for this his Treachery allyed himself with the Kings of Arragon and Granado overran the Countries of Câ—stile from Almanca unto Pâ—gnafield the Prior of Saint Iohns Don Fernand Rodrigues hereupon caused the Cities of Toro Zamora and Vailledolit to rebell and shut their gaâ—es against the King and many others likewise reâ—olted from him At last he was forced to call an Assembly of the Estates who gave him Subsidies to ayde him in his wars against the Moors and to conclude a peace with Don Manuel and his other discontented Subjects whom he afterwards spoiling of their lawfull inheritances and pursuing them in their honours and lives by Tyrannous crueltie extending his outragious disdain even to women of his own blood he thereby so estranged most of his Princes and Nobles from him that they revolted from him and jâ—yned with Mahumet king of Granado and the Moors in a warre against him which lasted three or four yeers putting him to infinite troublâ— exations and expences enforcing him to make a
gave them only a revocable power which the premised Histories experimentally evidence such likewise were the Kings of the Vandales removable at the peoples pleasure as Procopius writes such the Kings of the Heruli Quadi Iazyges Lombardes Burgundians Moldavians Africans the l Moores in Spaine the two annuall Kings of Carthage the antient Germane Kings the Kings of Sparta and most other Kings of Greece as Historians and Authors of best credite relate Secondly for the Kings of Arragon and originall constitution of the Kingdom I find this memorable passage in Hieronymus Blanca his Rerum Arragonenfium Commentarius pag. 586. 587. 590. 72â— 724. in the third Tom. of Ioannis Pistorius his Hispaniae illustratae Sancho the fourth King of Arragon dying without issue the Estates and people advising together what course they should take for their security and future good administration of the Common-weale about the year of our Lord 842. elected twelve principall men to whom they committed the care and government of the Republike during the Inter-regnum These because they were very ancient men were called Elders from whence those who by birth are stiled Rici-men drew their originall And this manner of governing the Common-wealth continued long But the great incursions of the Arabians pressing them they imagined it would not continue firme and stable Yet notwithstanding taken with the sweetnesse of Liberty they feared to subject themselves to the Empire of one man because verily they beleeved that servitude would proceed from thence Therefore having considered and rightly pondered all things and reasons they made this the result of all their Counsels that they should consult with Pope Adrian the second and the Lombards what course they should take by their advise which should be most meet for the perpetuating of the Empire to whom as reports goe they returned this answer That preordaining certaine Rights and Lawes retified with the previous religion of a cautionary oath they should set up one King over them but yet should reject a forraign Dominion and that they should take heed that he whom they adopted to be King should be neither of the superiours nor inferiours left if superiour he should oppresse inferiours or lest if inferiour hee should be derided by superiours To which counsell and sentence they submitting founded that ancient Suprarbian Court For according to the answer given all decreed That they ought to elect one man excelling in vertue for their King But yet lest the pleasures of Kings like as in other Princes should likewise even among us become Lawes they first of all enacted some Lawes by which they might heale this inconvenience These Lawes they afterward called the Suprarbian Court which we should largely prosecute but through the injury of time the knowledge of them is buried and some fragments of them only are extant observed by Prince Charles himselfe and some other Writers which we shall verily remember because they are as the first elements of our Republike and containe in them the institution of the Magistrate of the Iustice of Arragon which is the chiefe thing of our institution therefore in the beginning of that Court it was provided that the King which should be since the Kingdom lately taken from the Moores was freely and voluntarily conferred on him should be bound both by the Religion of an Oath as likewise by the force and power of Lawes to observe the Lawes and Liberties of the Kingdom Now the Lawes were these Governe thou the Kingdome in peace and righteousnesse and give us better Courts of justice The things which shall bee gained from the Moores let them be devided not only between the Rich-men but likewise between the souldiers and infantry but let a stranger receive nothing from thence Let it bee unlawfull or a wicked act for the King to enact Lawes unlesse it be by the advice of his Subjects first given Let the King beware that he begin no Warre that he enter into no Peace conclude no Tâ—uce or handle any other thing of great moment without the concurring assent of the Elders Now lest that our Lawes or Liberties should suffer any detriment Let there be a certain middle Iudge at hand to whom it may be lawfull to appeal from the King if he shall wrong any one and who may repell injuries if peradventure he shall offer any to the Common-weale With these Lawes therefore and sanctions those our Ancestors confirmed the enterprise of new moulding and reforming the Common-wealth But verily this was the chiefest garison for to retaine their liberty whereby they ordained the Presidentship of a middle Iudge placing the power in such sort in the King that the temperating of it should be in the middle Iudge out of which things the moderate and musicall state of the Common-weale which we enjoy is moulded and made up For from the very beginning of things even to these later times wee see by force of this intermediate Magistrate and by the goodnesse and clemency of most peaceable Kings that both our pristine liberty and ancient Priviledge hath been alwayes retained and due loyalty and reverence to the Kings Majesty observed Neither hath the Kingdome onely emplored the help of this Magistrate against Kings but the Kings themselves oft-times against the Kingdome by which meanes many intestine evils have been appeased without any tumult which unlesse they had been civilly suppressed seemed verily to have been likely to have broken out to the common destruction of all men so as we may rightly affirm that in this alone the summe of preserving civill concord both to Kings and the Kingdome hath consisted This Magistrate was at first called THE IUSTICE MAIOR afterwards assuming the name of the Kingdome it selfe it was called THE IUSTICE OF ARAGON By these formentioned prescribed Lawes the will of him who desired to be King of Aragon was wholy to bee directed and formed and unlesse he would first suffer his faith to bee obliged in most strick bonds for keeping of them any future soliciting was to be preposterous Having therefore laid the foundations of their Countreys liberty all of them began to dispute among themselves about electing a King to which end they all assembled together at Arahvest to chuse a King where they were suddenly besieged by the Arabians which Iunicus Arista King of the Pompelonians hearing of came with an Army and rescued them whereupon they elected him for their King with unanimous consent and calling him unto them shewed him the Lawes they had pre-established onâ— whereof concerning the middle Magistrate seemed most hard unto him But having more deligently considered the matter and that they voluntarily offered him the Kingdome gained from the enemies Hee not only ratified the Lawes themselves but likewise added this new Law or priviledge to them That if the Kingdome should happen hereafter to bee oppressed by him against the LAWES Iustice or Liberties the Kingdome it selfe should have free liberty to elect another King whether a Christian or an Infidell which
forced Mary and her Mother to resigne their rights to the Crowne and crowned Charles King at Alba Regalis When he was crowned the Bishop of Strigonium according to the custome demanded of the people thrice with alowd voyce Whether if were their pleasure that Charles should be crowned King who answered Yes which done he was crowned and soone after murthered by the two Queenes treachery Who were shortly after taken prisoners by Iohn de Hornach governour of Croatiaâ— the Queen Mother Elizabeth drowned Queen Mary kept prisoner and at last released upon oath given not to revenge her Mothers death who contrary to her oath caused Hornach and 32. Nobles more to be beheaded by Sigismond her husband whose kindâ—ed and children thereupon conspired against King Sigismond tooke and detained him prisoner Anno. 1401. till they should proceeds further against him and in the meane time the Nobles of Hungary elected Ladislaus King of Apulia for their King and at last deposed Sigismond for his misgovernment cruelty love of women After Sigismonds death the Nobles and people were divided in the choise of their King one part electing and crowning Vladislaus King of Poland the other party Ladislaus an infant for their King but Vladislaus his party prevailing he was not long after â—laine in a battle against the Turkes and the government of the Realme committed to that Noble Souldier Huniades during the Minority of Ladislaus who at his ripe age was received and declared King by all the Hungarians Ladislaus deceasing the Hungarians elected the Emperour Frederick King who delaying to come and take the election they thereupon chose Mathias King who enjoyed the dignity notwithstanding the Emperours opposition Anno. 1608. Mathias King of Hungary denyed the Protestants in Austria free exercise of their Religion they thereupon were forced to take up Armes and assembling together at Honne made a Protestation and sent to the States of Hungary requiring them to assist them with the succours that were promised by the offensive and defensive league after which they obtained a peace and part of what they demanded Anno 1613. In an Assembly of the Estates of Hungary the differences concerning the defence and Militia in the borders of Hungary against the Turke were ordered and setled And An. 1618. After many slow proceedings they elected Ferdinand of Bohemia for their King of Hungary but with these conditions That he should Religiously observe and cause to be immovably observed all the Liberties Immunities Priviledges Statutes Rights and Customes of the Kingdome with the Conclusions and Treaties of Vienna and all the Articles comprehended therein and all other concluded both before and after the Coronation of the Emperours Majestie in the yeares 1608. and 1609. Which Articles being ratified by the Emperour under his Letters Patents they proceeded to the Coronation according to the accustomed manner Such is the Soveraigne power of the States of Hungary to this very day And in one word so odious were Tyrants anciently to the Slavonians and Hungarians that by a publick Law of their Ancestors he who slew a Tyrannicall King was to succeede him in the Kingdome Bohemia For the Kings and Kingdome of Bohemia M. Paulus Stranskins in his Respublica Boâ—emiae c. 5. 12. informes us out of the Fundamentall Lawes of Bohemiae That the power of the Kings of Bohemia who are Elected by the generall Votes of the States is so farre restrained in that Realme that they can determine nothing concerning the Kingdome or great Affaires of the Realme but in their Parliaments or generall Assemblies of the Estates by the generall consent of the people which are Summoned by the king himselfe and held just like our Parliaments in the kings Regency and during the Interregnum by the Senate of the Realme as often as there is occasion there being this claâ—se in the Writ of Summons That whether all those who are sommoned come at the day or not the king with those who appeare will proceed to decree wâ—at shall be just and bâ—neficall for the Republicke and that those who neglect to appeare shall be bound thereby all Lawes and Acts are therein passed by publicke consent The King cannot alien or morgage any of the Crown Lands nor release not diminish the revenueâ— Liberties of the Realm nor promote any strangers to the custodies of Castles or publicke functions impose no Taxes charges nor altar the ancient manner of the Militia of the Realm nor make warre or peace without the Parliaments advise and consent And before the king is Crowned the Burgrâ—ve and Nobles in the Name of all the Realme demand of him to confirm and ratifie both with his especiall Charter and publick Oath the Ancient and laudable Priviledges Immunities Liberties Rights Laws Customes and Institutions as well private as publicke of all and singular the inhabitants of the Realme and to governe them according to the rule of the Lawes after the example of his predecessors kings of Bohemiâ— Which done he seales and delivers them a speciall Charter takes such a solemne Oath and then is Crowned upon these Conditions The Arch-bishop of Prague after the Letany ended demands of the king kneeling on his knees Wilt thou keepe the holy faith delivered to thee from Catholiok men and observe it in just workes He answering I will He proccedes and saith With thou Governe and defend the Kingdome granted thee from God according to the Iustice of thy Fathers He answeres I will and by Gods Assistance promise that I will doe and performed it by all meanes After this kneeling on his knees the Arch-bishop holding the New Testament open and the Burgrave reading the words first the king takes this Oath in the Bohemian tongue We sweare to God the mother of God and all Saints upon this holy Gospell that we will and ought to keepe immovably to the Barons Knights and Nobles also to those of Prague and the other Cities and to all the Commâ—nalty of the Realme of Bohemia the Institutions Lawes Priviledges Exemptions Liberties and Rights and also the ancient good and laudable customes of the Realme and not to alienate or morgage any thing from the same Kingdome of Bohemia but rather to our power to augment and enlarge it and to â—oe all things which may be good and honourable to that Kingdome So helpe me God touching the booke with two of the fingers of his right hand and all Saints The Kings of Navarre take the like Oath How this Realme hath beene altered from a Principality to a Dukedome and from it againe to a Kingdome having sometimes Kings sometimes Dukes both elected by the free choyse of the Estates to whom they were inferiour in Soveraigne power accountable for their â—â—is-government and removeable from their Throne you may read in the marginall Authors Not to mention the Bohemians deposition of Libussa a Noble Virago who governed then for a season reputing it a dishonour to the Nation to be ruled by a woman and electing Przemysâ—â—s for their Prince
expelled the Realme by his Subjects and afterwards restored upon his friends mediation who not long after denying Merchants their ancient liberties in the Realme the maritine Cities conspiring against him entred Denmark with a great Army expelled him the Realme tooke his Castell of Coppenhagen and had the land of Scania assigned to them for 16. years by the Nobles in recompence of their damages sustained Ericus seeing his subjects â—very where rise up in Arms against him sayled into Poland An. 1438. and deserted â—is Kingdom and Soveraignty the people denying him libertie to name a Successor and electing Christopher Duke of 〈◊〉 for their king After whom they elected 〈◊〉 the first king against whom the Sweeds rebelling for want of 〈◊〉 of justice and the oppression of his Officers vanquished Christiern 〈◊〉 and 〈◊〉 up a new king of their own named Charles who An. 1455. abandoned the Royalty the Swedes after that would neither create any new king nor obey Christierne nor yet King Iohn who succeeded him whose Queen they took and detained prisoner two years and maintained warre against him Christierne the second King of Denmarke was thrust out of his kingdome for his Tyrannie and breach of his subjects Priviledges which he endeavouring to regain was taken prisoner by his Vncle Frederick Duke of Scleswick and Holstein and committed prisoner to Sunderburge in Holsatia where hee dyed in chains Frederick was elected king in his place upon certain Articles and conditions which he was sworn unto before his Coronation in a generall assembly of the States held at Hafnia An. 1524. in and by which assembly Christierne was solemnly deposed and a Declaration made printed and published in the name of all the States of Denmark wherein they expresse the cause why they renounced their faith and obedience to Christierne sworn unto him upon certain conditions which he had broken and elected Frederick Which Declaration because it is not common perchance to every ordinary Shollar and contains many things touching the frame and liberty of the kingdom of Denmarke the Articles to which the kings do usuall swear at their Coronations and the Tyrannnies of Christierne for which he was deprived I shall here insert as I finde it recorded in David Chytraeus OMnibus Christianis Regnis principatibus regionibus populis notum est in orbe Christiano celebre regnum DANIAE situm esse quod non secus ac caetera regna plurimis jam seculis Regia sua praeeminentia dignitate ornamentis libertate praeditum fuerit adhuc sit ita quidem ut Regnum Daniae ejusque legitimè electi Reges nullum unquam superiorem magistratum aut Dominum agnoverint Omnibus quoque temporibus Archiepiscopis Episcopis Dynastis praelatis nobilitati liberrimum fuit regem Dominum aliquem suo judicio arbitrio designare in communem regni Patriae consolationem salutem eligere cujus gubernatione exemplo ductu regnum supradictum Christianis statutis ordinationibus secundum leges suas scriptas antiquas consuetudines vigere miseri oppressi subditisublevari viduae pupilli defendi possent Qui quidem rex semper hactenus a prima electione convenienti juramento obligatione se huic regno devincire coactusest Etiamsi igitur nobis omnibus regni hujus ordinibus consiliariis licuisset post obitum potentissimi Regis quondam Daniae Iohannis laudatae memoriae projure nostro secundum antiquam multis seculis continuatam regni Danici libertatem regem aliquempro arbitrio nostro designare eligere tamen virtute justicia magnanimitate bonitate beneficientia eorum Daniae regum qui ex Holsatorum prosapia originem duxerant moti bona spe freti forâ— utrex Christiernus è vestigus regiis avisui Regis Christierni R. Iohannis patris sui non excederet sed potius ad eorum similitudinem exemplum gubernationem suam inâ—â—itueret supra-dictum R. Christiernum II. vivo adhuc patre Iohanne in Regem Dominum totius Daniae designavimus elegimus Quo quidem ipso tempore celfitudo ipsius solemni IURAMENTO verbis conceptis Deo sanctisque testibus citatis praestito Archiepis Episcopis Dynastis praelatis equitibus civitatibus populo regni Danici se devinxit obligavit cujus juramenti inter alia haec quoque capita expressa fuerunt Debemus ante omnia Deum diligere colere sanctam ecclesiam defendere amplificare Omnia Episcoporum Praelatorum ministrorum status ecclesiastici privilegia à S. Ecclesia regibus Christianis ipsis concessa inviolatâ— conservare Archiâ—piscopos quoque Lâ—ndensem et 〈◊〉 Niâ—rofiensem et praeterea Episcopos praelatos Equites auratos alios ordinis Equestris Regni Proceres Consiliarios convenienti observantia honore pro cujusque conditione statu prosequiâ— Si qua nobis controversia sit â—um Archiepiscopis Episcopis aut praelatis S. Ecclesiae eorumque ministris in locis convenientibus nimirum coram senatu regni cognosci transigi oportebit Si qua nobis ipsis aut praefectis nostris controversia â—ùm aliquo ex nobilitate sive is senator regnisit sive non incidet eum coram universo regni senatu hoc nomine compellare debemus sive ea controversia sit defundis sive de aliis quibuscunque bonis aut negotiis Et sicuti tenemur unumquemque juvare ut jus suum consequatur Ita nos ipsi quoque obnoxâ—i esse debemus unicuique coram senatu Regni nos accusanti comparere ad ipsius postulata usitato Iudicioâ—um more respondere quicquid a senatu regni super ea re decreâ—um pronunciatum fuerit idipsum exequi neque hujusmodi legitimas accusationes aut postulationes iuclementi animo feâ—re Debemus etiam sine ullo praejudicio gratia aut muneribus ex aequo tam pauperi quà m diviti tam hospiti quà m indigenae jus dicere administrare Nullum etiam bellum incipere aut externum militem in regnum introducere debemus commnni senatu Regni non praesciente consentiente Literis quoque Diplomatis vel nostro vel etiam patris nostri Regis Iohannis signo confirmatis plenam inviolatam fidem authoritatem relinquere ejusque aes alienum quod liquidum est dissolvere debâ—mus Moneta quoque quam cusurisumus proba sufficiens esse debet ita ut dua marcae aequivalentes sint uni aureo Rhenano Item Nos Christiernus obligamus nos quod omnes singulos articulos in quos jurandum nobis est incolis regnorum Daniae Norwegiae constanter reipsa praestare velimus Sicutietiam ex adverso subditi obligati esse debent ad suum homagium auxilia militaria inviolata servanda praestanda Si vero quod Deus avertat contra istos articulos agendo delinqueremus senatorum regni admonitionibus nullo modo locum dare institueremus tum omnes regni incolae
luxury cruelty and avarice were the companions of this his flagitious life he murthering the rich to get their wealth and favouring theeâ—es to share in their robberies whereupon the Nobles and people conspiring against him and taking up Armes he discerned how unfaithfull the society of ill men is for being deserted by his party as soone as the battell began he câ—me alive into his enemies hands and was committed tâ— peâ—petuall prison his life being spared by the intercession of Cadâ—lan who was made Vice-roy in his stead but sonne after he was strangled in the prison by one whom he had formerly injured King Corbreds sonne being within age at his death the Assembly of the States made Dardan King who within three yeeres space â—ushing into all kind of vices bannished all prudent and honest men out of hiâ— Court kept none but flatterers about him slew Cardorus and divers others vertuous men who advertised him of his faults and to take away the feare of succession plotted the death of Corbred Galdus and others whereupon the Nobles and people by unanimous consent rose up against him slew his evill instruments routed his Forces tooke him prisoner whilst he was about to murder himselfe cut off his head which they carried about for a laughing-stocke and threw his corps into a jakes after he had raigned foure yeeres Luctacke the 22 King of Scots giving himselfe wholly to Wine and Harlots sparing the chastity of none though never so neere allied to him nor their husbands never so great deflowring his owne Sisters Aunts Daughters joyning inhumane cruelty and insatiable avarice to his lust and depraving the youth of the Country corrupted by his example when as no man duâ—st resist him was at last convented before an Assembly of the chiefe men where being more freely reprehended for those crimes he commanded the chiefe of them to be drawne away to punishment as seditious calling them old doting fooles Whereupon the people assembling together â—lew both him and the instruments of his wickednesses when he had scarce reigned three yeeres space Mogaldus was elected King in his place who carefully reforming all the abuses and corruptions of Luctack in the beginning of his reigne yet fell at last unto them in his old age and grew 〈◊〉 by his vices to the Nobles and common people that they weary of him rose up against him he being unable to resist them wandred up down with one or two Companiâ—ns in secret places seeking to escape by flight but was at last taken and slaine Conarus his sonne and successor giving himselfe to all manner of luxurie and lust brought the Realme in short time to great penury giving Lands and riches to most vile and naughty persons because they favoured his corrupt living and invented new exactions upon his people Whereupon summoning a Parliament he demanded a Tribute of them to support his State and Court in Honour who taking time to deliberate and understanding at last that this his hunting after money proceeded not from his Nobles but from the inventions of Court-flatterers they resolved to commit the King toward as unfit to governe untill he renouncing the Crowne they should elect another King Whereupon the next day he who was first demanded his opinion Declaimed sharply against the Kings former life his bauds and companions as unprofiâ—able in warre troublesome in peace full of shame and disgrace shewed that the Kings revenues were sufficient to maintain him if he lived within compasse that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the publique patrimony and that the King in the meane time should be committed to custody as unfit to rule till they elected another who might teach others by his example to live sparingly and hardly after their Countrey custome and might transmit the discipline received from their ancestors to posterity With which freâ— speech he growing very angry instead of pacifying their discontented minds inflamed them more with his cruell threatnings whereupon the King being laid hands on by those who stood next him was shut up in a Hall with a few attendants his Courtiers the authors of ill counsell were presently brought to punishment and Argarus a Nobleman made Vice-roy till the people should meet to elect a new King after which Conare spent with gâ—iefe and sicknesse died in prison King Ethodius his sonne being an infant his brother Tâ—trasell was chosen King who murthering his nephew cutting off divers of the Nobles and spoyling the common people to establish the Kingdome in himselfe he grew so odious and so much dâ—minished his authority in a short time that he stirred up divers seditions which he not daring to goe abroad to suppresse being generally hated was at last strangled by his own followers in the night in his own House Ethodius the 2. being a stupid man and of a duller wit then was suitable to the government of so fierce a people the Nobles hereupon assembling together out of their respect to the family of Fergusius would not wholy deprive him of the name of a King though he were slothfull being guilty of no crime but assigned Him governours to execute Justice in every County at last he was slain in a tumult of his familiars King Athirco his sonne degenerating from his former vertues and growing extreamely covetous angry luxurious sloathfull and leaving the company of all good men was not ashamed to goe openly in the sight of the people playing upon a Flute and rejoycing more to be a Fidler then a Prince whereby he became very odious to the people at last ravishing the daughters of Nathalocus a Noble man and then whipping and prostiruting them to his lewd companions lusts thereupon the Nobles rising up in Armes against him when he had in vain endeavoured to defend himself by force being generally deserted by his own people who hated him for his wickednâ—ssâ— he murthered himself and his brother Donus was enforced to flie with his little ones to the â—icts to save his life Nathalicke succeeded in his Realme governing it ill by indigent ordinary persons who would attempt any wickednesse and treacheroâ—sly strangling divers of the Nobility who were opposites to him in the prison to which he commitâ—ed them to establish his Kingdome thereupon their friends with others being more enraged against him raised an Army to suppresse him which whiles he endeavoured to resist he was slain by one of his own servants or as some say by a Sorceresse with whom he consulted to know his end King Findocke being treacherously slain through the conspiracy of Carâ—â—tius his second brother Donald his third brother was elected King Donald of the Isles usurping the Realme by violence so farre oppressed the people by â—ll officers and discords raised amongst them that he durst seldome stirre abroad he never laughed but when he heard of the discord and slaughter of his Nobles for which he was at last surprised and slaine by Crathilinthus
of Ieroboam the son of Nebat and like the house of Baasha the sonne of Ahijah for the provocation wherewith thou hast provoked me to anger and made Israel to sinne And of Iezabel also spake the Lord saying The Dogs shall eat Iezabel by the wall of Iezreel him that dieth of Ahab in the City the Dogs shall eat and him that dieth in the field shall the Fowls of the Ayre eate Neither was this a vain threatning for Ahab being slain at Ramoth Gilead the dogges licked up his blood in the place where they licked the blood of Naboth and Iehoram his son succeeding him both in his Throne and sins God himself annoynted Iehu King over Israel of purpose to execute this his vengeance against the house of Ahab and Iezabel who in execution thereof slew both King Iehoram Ahaziah King of Iudah Iezabel and all Ahabs sons and posteritie his great men Nobles with all the Priests and worshippers of Baal till he left none of them remaining For which severe execution of Gods Iustice the Lord said unto Iehu Because thou hast done well in executing that which is right in mine eyes and hast done unto the house of Ahab according to all that was in mine heart thy children of the fourth generation shall sit on the Throne of Israel Which action of Iehu being thus specially commanded commended and remunerated with such a temporell reward by God himself must questionlesse be lawfull and no Treason nor Rebellion in Iehu unlesse we will charge God to be both the Author Approver and Rewarder of those sinnes After this Iehu walking in the sins of Ieroboam though God deprived him not for it yet he stirred up Hazael to spoil and waste his Countrey during all his reigne and the reigns of King Iehoahaz his son and Ioash his Granchilde who succeeded him in his idolatries and Zechariah the last king of Iehu's Race going in his Ancestors sinnes was slain by Shallum who reigned in his stead Shallum Pekahiah and Pekah three wicked idolatrous kings of Israel were by Gods just judgement successively sâ—ain one of another and by Hoshea So that all the Kings of Israel who violated Gods Covenants and conditions annexed to their Crowns did for the most part lose their lives Crownes and underwent the utter extirpation of their poâ—â—erities being totally cut off by the sword neither succeeding their Parents in their Crowns nor inheritances And though the royall Crown of Iudah continned in Davids Line till the Captivity of Zedekiah the last king of his Race yet when ever they infringed the conditions which God annexed to their Crownes and turned Idolaters or flagitious persons God presently by way of revenge either brought in forraigne enemies upon them which mastered conquered them and sometimes deposed and carried them away Captives or made them Tributaries as the examples of King Rehoboam afflicted by Shishak King of Aegypt for his sinnes and â—dolatry and by Ieroboam all his dayes of Ahijam Iehoram Ahaziah Ioash Amaziah Ahaz Manasseh Iehoahaz Iehoiakim Iehoiachin and Zedechiah whose Histories troubles captivities and punishments you may reade at large with others witnesse or else caused their own servants subjects enemies to rise up against them to slay them as is evident by King Ahaziah Ioash Amaziah Ammon and others All which are unanswerable evidences and experimentall demonstrations that the Kingdoms of Iudah and Israel were both held of God upon conditions and that for the breach of these conditioâ—s they might be and oft times were by Gods Iustice on them both lawfully deprived of their Crownes and their posterities disinherited yea totally cut off for ever and in conclusion both these most eminent Kingdoms for the sins of kings and people were invaded destroyed and both Kings with people carried away captives by their enemies into forraigne Countries from whence the whole Nation never afterwards returned nor ever after attained to a king and kingdom of their own So fatall is it for Kings or Kingdoms to break those Covenants Laws Conditions which God himself hath prescribed them and so far are any Kings from being exempted from all Laws and left at libertie to do what they please that the breach of them proves destructive to them and theirs I shall onely adde to this by way of Corollary that all the Israelites Rulers Kings People did joyntly and severally for themselves for the whole Nation in generall and every of them in particular frequently enter into solemn Vowes and Covenants with God to serve the Lord to be and conttnue his people to seek the Lord God of their fathers with all their heart and with all their soul that whosoever would not seek the Lord God of Israel should be put to death whether small or great whether Maâ— or Woman not the King or Queen excepted and they sware unto the Lord with a loud voice and with shouting and with trumpets and with Cornets and all rejoyced at the Oath for they had sworn with all their hearts Witnesse the Covenant made by Ioshua and all the people To serve the Lord by Samuel Saul and all the people at Sauls Coronation and by king Asa and all his people To seek the Lord c. who in pursuance thereof removed his mother Maacha from being Queen because she had made an idol in a Grove and cut down her idol and stampt it and burnt it at the brook Kidron 2 Chron. 15. 16. of King David Solomon and all the people at Solomons Coronation between King Iehoash Iehoiada and all the Congregation at his inauguration that they should be the Lords people in pursuance whereof all the people went to the house of Baal and brake it down and brake his altars and images in pieces and slew Mattan the Priest of Baal before the altars between Hezekiah and all his subjects and God between Iosiah and all that were present in Ierusalem and Benjamin and Gad who made a covenant before the Lord to walk after the Lord and to keep his Commandments and his Testimonies and his Statutes with all their heart and with all their soul to perform the words of the Covenant formerly written in the Book of the Covenant that was found in the house of the Lord in execution whereof Iosiah tooke away all the abominations out of all the Countrey that pertained to the children of Israel and made all that were present in Israel to serve the Lord their God and not to depart from following the Lord God of their Fathers all his dayes Together with the like solemne publike Covenants made by Ezra Nehemiaâ— and all the People unto God which Covenant the Princes Levites Priests and all the people sealed and entred into a Curse and into an Oath to walk in Gods Law and to observe and doe all the Commandments judgements and Statutes of the Lord c. And that God himself expresly commanded them That if any Prophet or Dreamer of dreams or thy Brother or son of thy Mother or thy daughter or the
wife of thy bosom or thy friend which is as thine own soul should secretly intice them to commit idolatry or serve other gods they should neither consent nor hearken to nor pitty nor spare nor conceal him but shalt surely kill him thy hand shall be first upon him to put him to death and after the hand of all the people and thou shalt stone him with stones that he die onely for this secret inticement to idolatry And all Israel shall hear and fear and do no more such wickednesse as this is And if they should hear that the inhabitants of any City were seduced to serve other gods tben they must diligently search and inquire after it and if it be truth and the thing certain that such abomination was wrought among them then they shall surely smite the inhabitants of that City with the edge of the sword destroying it utterly and all that is therein and the cattell thereof with the edge of the sword and gather all the spoil of it into the midst of the street thereof and burn the City with all the spoile thereof every whit for the Lord their God and it shall be an heap for ever and shall not be built again In pursuance whereof the ten tribes and a half assembled to warre against the Reubenites Gadites and half Tribe of Manasseh for their supposed idolatrous Alter and all the children of Israel assembled together as one man and made warre against the men of Gibeah and the Benjamites for not punishing the grosse Rape of the Levites Concubine destroying the City utterly and the Tribe of Benjamin too welnigh And upon this ground the City of Libnah revolted from under the hand of Iehoram the idolatrous King of Iudah Because he had forsaken the Lord God of his Fathers And as some learned men conceive the people made a Conspiracie against King Amaziah in Ierusalem and he fled to Lachish but they sent after him to Lachish and â—lew him there not privately but openly as acted by publike authoritie consent and meditated deliberation not out of any private hatred but for his impietie whereby he violated the chiefest part of his Oath and Covenant whereupon we read not of any complaint or inquisition or proceedings or punishment inflicted on those that slew him after his death either by the people or his children as there was upon those who slew King Ammon but being slain they brought him back on horses and he was buried at Ierusalem with his Fathers in the Citie of David out of reverence to his royall dignity and family And All the People of Iudah took Azariah and made him King in stead of his father Amaziah which plainly shewes that what was formerly done by the greater part of the States at Ierusalem was afterwards confirmed by common consent as done upon a just cause and executed by command of those who might lawfully doe it Whence they conclude That the Orders or States of the People of Israel had right to chuse what King they would themselves out of the family of David and being elected afterward to correct and punish him as there was cause that they were obliged by this Covenant made to God both to reprehend resist oppose yea depose if not put to death their King for his open incorrigible idolatries and sins by common consent as their king was obliged to punish and put them to death for their idolatries and crimes their kings being included within their Covenants and Gods inhibition of Idolatry under pain of capitall punishments extending to Kings as well as others if not more then to any because their examples were most pernicious and they were as far forth bound by their joynt Covenants made to God with their Kings to hinder their Kings from and to proceed against them for their idolatries as their kings were to impedite and punish them for their breach of Covenant and because God himself did punish them for their Kings idolatries as is evedent by Ier. 15. 1 to 6. and the History of the Kings and Chronicles every where which God would not in justice have done had not the people both just right and power to resist hinder censure punish depose their Kings by publike consent of the State and people for their idolatries and breach of Covenant as Zuinglius Stephanus Iunius Brutus the author of the Treatise De Iure Magistratus in Subditos with others prove at large and Master Calvin yea Bishop Bilson himself assents to Such a Soveraign power had the whole State and Congregation of Israel and Iudah over their kings themselves whose estates in their Crownes and Kingdoms by Gods own institution was not absolute but onely conditionall and subject unto forfeiture upon breach of these Covenants and Conditions by which they did injoy them Fourthly The Kings of Iudah and Israel were no absolute Soveraign Princes paramount their whole Kingdoms the generall Coâ—gregation of the people Senate or Sanhedrin but inferiour to them in power and not onely counselled but over-ruled usually by them in matters of publike concernment This is evident not onely by Iosh. 22. 11. to 34. and Iudges 20. and 21. where the whole Congregation of Israel as the Soveraign power in the dayes of Ioshua and the Iudges assembled about the great causes of the Reubenites Gadites and halfâ— the Tribe of Manasseh concerning their Altar and of the Gibeonites and Benjamites concluding both matters of publike war and peace But likewise by the peoples rescuing Ionathan out of the hands and power of King Saul his father that he died not though Saul had twice vowed that he should be put to death 1 Sam. 14. 38. to 36. And the people said unto Saul Shall Ionathan die who hath wrought this great salvation in Israel God forbid as the Lord liveth there shall not one hair of his head fall to the ground for he hath wrought with God this day So the people rescued Ionathan that he died not By the 1 Chron. 13. 1. to 7. where thus we reade And David consulted with the Caâ—tains of thousands and hundreds and with every Leader and David said unto all the Congregation of Israel If it seeme good unto you and that it be of the Lord our God let us send abroad unto our brethren every where that are left in all the land of Israel and with them also to the Priests and Levites which are in their Cities and Suburbs that they may gather themselves unto us and let us bring again the Ark of our God to us for we enquired not at it in the dayes of Saul And all the Congregation said that they would do so For the thing was right in the eyes of all the people And David went up and all Israel to Baalah to bring up thence the Arke of God the Lord. Compared with the 1 Samuel 18. 2 3 4. where when David sent out the people to battell against Absalon under three Commaunders the King said unto the people I will surely goe
man for the City Ierusalem was chosen out of the Tribe of Benjamin This will be made more evident by examples Ieremie being sent by God to denounce the overthrow of the City Ierusalem is for this first condemned by the Priests and Prophets that is by the Ecclesiasticall judgement or Senate after this by all the People that is by the ordinary Iudges of the Citie to wit by the Captains of thousands and hundreds at last by the Princes of Iudah that is by the 71 men sitting in the new Porch of the Temple his cause being made known he is acquitted Now they in that very judgement expresly condemn King Iehoiakim who a little before had most cruelly slain the Prophet Uriah threatning like things Also we reade elsewhere that King Zedekiah did so much reverence the Authoritie of this Sanhedrin that he durst not free the Prophet Jeremie thrust by these 71 men into a filthy prison but likewise scarce dared to translate him into the Court of the Prison from thence yea when they perswaded him to consent to Jeremiah his death he answered that he was in their hands and that he could not contradict them in any thing Yea he fearing lest they should enquire into the conference which he privately had with Ieremie as if he were about to render an account of the things which he had spoken forgeth a lie Therefore in this Kingdom the States or Officers of the Kingdom were above the King I say in this Kingdome which was instituted and ordaintd not by Plato or Aristotle but by God himself the Author of all order and the chiefe institutor of all Monarchyâ— Such were the seven Magi in the Persian Empire the Ephori in the Spartan Kingdom and the publike Ministers in the Egyptian Kingdome assigned and associated to the King by the People to that onely end that He should not commit any thing against the Lawes Thus and much more this Author together with Con. Super antius Vasco who published this Treatise to all pious and faithfull Princes of the Republike giving large Encomiums of its worth as also the Author of the Treatise De Iure Magistratus in Subditos p. 253 254 255 256. 268 to 275. whose words for brevity I pretermit Bp. Bilson in his forecited passages and Hugo Grotius De Iure Belli pacis l. 1 c 3. sect 20. p. 63 64. where he confesseth That if the King of the Israelites offended against the Lawes written concerning the Office of a King he was to be scourged for it and that the Sanhedrin had a power above their king in some cases Finally the Kings of Israel and Iudah were not superior to nor exempted from the Lawes but inferiour to and obliged by them as well as Subjects This is evident not onely by the premises but by sundry impregnable Texts As Deut. 17. 18. 19. 20. where God himselfe in the very description of the office and duty of their King prescribes this in direct termes as a part of his duty And it shall be when He sitteth on the Throne of this Kingdome that he shall write him a Copy of This Law in a Booke out of that before the Priestâ— and Levites And it shall be with Him and He shall read therein All the dayes of his life that he may learn to feare the Lord his God To kéep all the words of the Law and these Statutes to doe them that his heart be not lifted up above his brethren and that He turn not aside from the Commandement to the right hand or to the left seconded by Iosh. 7. 8. This Booke of the Law shall not depart out of thy mouth but thou shalt meditate therein day and night that thou maist observe to doe according to all that is written therein turne not to it from the right hand or to the left for then thou shalt make thy way prosperous and then thou shalt have good successe Hence it was that as soon as ever Saul was elected and made King by Samuel and the people he being the first of their Kings Samuel told the people the manner of the Kingdom and wrote it in a Booke and laid it up before the Lord which Booke contained not the exorbitances and oppressions that their Kings would exercise over them mentioned in the 1 Sam. 8. 11. to 19. as Iosephus mistakes but as Petrus Curaeus and others more rightly observe the Law of God concerning Kings prescribed by him Deut. 17. 14. to the end and such Lawes which commanded Kings to use Iustice and equity to govern the Common-wealth well for the peoples benefit to abstaine from fornication and lusts to retain modesty in a great fortune c. Hence Samuel enioyned both Saul and the People to feare the Lord and serve him and obey his voyce and follow him and not rebell against his Commandement c. 1 Sam. 12. 14 15. 20. to 25. Hence King David did alwayes meditate in the Law of God day and night accounting it more deare unto him then thousands of Gold and silver And withall pronounceth from Gods own mouth The God of Israel said the Rocke of Israel spake to me he that ruleth over men must be just ruling in the feare of God Hence the Qu. of Sheeba used this speech to king Solomon Because the Lord loved Israel for ever therefore made he thee King what to domineere at his pleasure no verily but To doe Iudgement and Iustice. Vpon this ground King Iosiah made a covenant before the Lord to walke after the Lord And to kéep his Commandements and his testimonies and his statutes with all his heart and with all his soul And King Asa with other Princes and Governors did the like as the premises evidence From all which and infinite other Scriptures obliging Kings to reign in righteousnesse to doe justice and judgement to all and reprehending them exceedingly for their injustice tyranny oppressions idolatries and other sinnes it is iâ—â—efragable that their kings were as much if not more obliged to keep both Gods and the kingdomes Lawes as the Subiects and had no arbitrary power to doe what they pleased All that is or can be colourably obiected to the contrary to prove the kings of Israel absolute Monarchs exempt from Lawes and paramount their Sanhedrin or people collectively considered is First that passage of Psal. 51. 4. where king David confessing his sinnes of Adultery and Murther to God useth this expression Against thee Thee onely have I sinned and done this evill in thy sight Of which Hierom renders this reason Quod Rex erat alium non timebat alium non habebat super se which Ambrose thus seconds Rex erat Nullis ipâ—e legibus tenebatur quia liberi sunt Reges a vinculis delictorum Neque enim ullis ad poenam vocantur legibus Tuti Imperii potestate Homini ergo non peccavit cui non tenebatur obnoxius Arnobius Cassiodor adde De populo si quis erraverit Deo peccat Regi
not hear you in that day Therefore their Kings were absolute Monarchs not bound to Laws nor responsible to their subiects for their oppressions not yet resistible by them To which I answer that this is a direct description of a Tyrant and not of a lawfull King as is evident First by the very occasion of the words Vttered purposely by Samuel to disswade the People from electing a King changing their former Aristocraticall Government into a Monarchicall because their kings would many of them prove more oppressive Tyrannicall and burthensome to them then their Iudges or his sons were whose bribery and perverting of judgment moved the people thus earnestly to affect a change of Government as is evident by the 1 2 3 4 5 6 and 9 Verses Iosephus and the consent of all Expositors Secondly by the introduction to and the words themselvs This will be the maner of the King that shall reign over you He will take and he will do thus and thus not this ought to be the manner he ought to do or lawfully may do thus and thus Thirdly by the things themselves which he would do which are directly contrary to Deuter. 17. 14. to the end and all other Scriptures expresly enjoyning Kings to judge their people righteously to do justice and judgement and not any wayes to oppresse or spoyle them I shall instance onely in two particulars First the law of Gods expresly prohibits all men and Kings as well as others to covet their neighbours Houses his menservants his maidservants his Oxe or his Asse or any thing that is his Neighbours If their Kings then might not lawfully so much as desire or covet much lesse might they lawfully take away their Houses Sonnes Daughters Manservants Maidservants Asses Sheep Corn Vineyards or any thing else that was theirs without their free consents as Samuel tells them their King would do this therefore must need be onely a declaration of what their Kings would Tyrannically do not of what they might lawfully or justly execute Secondly it is Gods expresse Edict Ezek. 46. 18. The Prince shall not take the Peoples inheritance by oppression to thrust them out of their possessions but he shall give his Sons inheritance out of his own possession that my people be not scattered every one from his possession And Ezek 45. 8 9. The Land shall be the Princes possession in Israel and my Princes shall no more oppresse my people and the rest of the Land shall they give to the house of Israel according to their Tribes Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoile and execute judgement and justice take away your exactions or expulsions from my people saith the Lord. Whence Ahab King of Israel for coveting and unjustly depriviâ—g Naboth of his Vineyard which he refused to sell him because it was the inheritance of his Fathers and taking possession thereof after his unjust condemnation had a most severe judgement dâ—nounced against him even the utter extirpation of himself Q. Iezabel and their posterity afterwards executed Which punishment God would never have inflicted on them had it been lawfull for the Kings of Israel to take the peoples Fields Vineyards Oliveyards c. and possesse or give them to their servants as Samuel here tels them their Kâ—ngs will do This clause then of taking their Field Vineyards c. from them by the King without their consents being thus dâ—ametrally contrary to these Texts of Ezekiel and such a capitall Crime in King Ahab yea contrary to the practise of Ioseph and the Aegyptian Heathen King Pharaoh who took not away but bought the Aegyptians Cattell and Lands for Corne Gen. 47. 14. to 27. can to wayes be warranted as a just royall prerogative lawfull for their Kings to use but must needs be branded for a Tyrannicall Oppression Fourthly this is evident by the consequences of it Ye shall be his servants not subjects And ye shall crie in that day because of your King which ye have chosen you and the Lord will not hear you in that day Verse 17 18. Certainly the people neither would not ought to crie to god against the proceedings of a just upright King but onely of a Tyrant and Oppressour therefore this Text must needs be meant of such a one who should be a scourge and punishment to them as Tyrants are not a blessing as good Kings alwayes be Fifthly consult we with all Polititians whatsoever this description suites onely with a Tyrant not with any lawfull King and that it is meant of such a one we have the testimony of Iosephus the generall concurring suffrage of all Commentators and Expositors one the place see Lyra Hugo de Sancto Victore Carthusian Angelomus Lexoviensis Calvin Brentius Bugenhagius Beda Bertorius Martin Borrhaeus Peter Martyr Zanchius Piscator Serrarius Strigelius Doctor Willet Deodate the English Bibles notes with others and of sundry who descant on this Text in other writings by name of M. Iohn Calvin Instit. l. 4. c. 20. sect 26. Bishop Ponet his Politicall Government p. 44. Iunius Brutus Vindiciae contra Tyrannos qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De Iure Magistratus in Subditos p 270. 271. Bucholceri Chronichon p. 208. Petrus Cunaeus de Repub. Hebraeor l. 1. c. 14. Bertrami Politia Iudâ—ic p. 53. Shickardus jus Regium Iudae p. 64. Albericus Gentilis de jure Belli l. 3. c. 15. p. 613. Hugo Grotius de jure Belli Pacis l. 1. c. 3. Adnotata p. 72. Governado Christiano p. 87. Georgius Bucananus de jure Regni apud Scotos p. 44. Doleâ—-man p. 68. 70. Haenon disp polit p 432. Weemse 2. Vol. 2. Part. p. 14. Hotomani Franco-Gallia c. 10. Amesius de Casibus Conscienciae p. 306. and to name no more in so plain a case of Doctor Ferne himself in his Resolving of Conscience sect 2. p. 10. where hee writes That Samuel here tels the people how they should be oppressed under Kings yet all that violence and injustice done unto them is no cause of resistance c. This Text then being cleerly meant of their Kings Oppression violence injustice against Law right and a clear descript on of a Tyrant not a King I may safely conclude from all the premises that even among the Israelites and Iews themselves their Kings were subjâ—ct to the Lawes and that the whole Congregation Kingdom Senate Sanhedrin not their Kings were the Supreme Soveraign power and Paramount their Kings themselves whom they did thus freely elect constitute and might in some cases justly censure resist depose if not put to death by common consent for notorious grosse Idolatries and publike multiplied crimes as the forecited authors averre All which considered eternally refuâ—es subverts confonnds the erronious false Positions and Paradoxes which Doctor Ferne Griffith Williams Bishop of Ossery the Authour of The necessitie of Subjection with other late ignorant Pamphletters have broached to the contrary without
In the first covenant or Pact Pietie comes into the obligation in the second Iustice In that the king promiseth that he will seriously obey God in this that he will justly rule the people in that that he will take care of the glory of God in this of the benefit of the people in that there is this condition If thou shalt observe my Law in this If thou shalt render Iustice to every one Of that if it be not fulfilled God properly is the avenger of this lawfully all the people or the Peers of the Realm who have taken upon them to defend all the people Now in all just Empires this hath been perpetually observed The Persians having duely finished their sacrifices made this agreement with Cyrus Thou first O Cyrus if any make warre with the Persians or violate the Lawes doest thou promise to ayde thy Countrey with all thy might And as soon as he had promised We Persians say they will be aiding to thee if any will not obey thee defending they Countrey Xenophon calls this agreement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a Confederation as Socrates an Oration of the duty of Subjects towards their Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Between the kings of Sparta and the Ephori a Covenant was renewed every month and as the kings did swear That they would reign according to the Laws of the Countrey so the Ephori If they did so that they would establish the Kingdom in their hand Likewise in the kingdom of the Romanes Romulus made this contract with the Senate and people That the People should make Lawes that the king himself would keepe the Lawes made That the People should decrée Warre himself wage it And although many Emperours obtained the Empire of the Romans rather by force and ambition then by any right and by the Royall Law as they call it arrogated all kinds of power to themselves yet the* fragments of that Law which are extant as well in Books as in Roman inscriptions sufficiently reach that a power was granted them of caring for and administring not of subverting the Common-weal and oppressing it by tyranny Moreover even good Emperours professed that they were bound by the Lawes and acknowledged their Empire received from the Senate and referred all the weighâ—iest affaires to the Senate and they judged it unlawfull to determine any thing of great publike concernment without their aduice But if wee behold the present Empires there is not one of them which may be thought worthy of that name wherein there is not some such Covenant intervening between the Prince and Subiects In the German Empire not long since the King of Romanes being to be crowned Emperour was wont To make Fealty and Homage to the Empire no otherwise then a vassall or tenant to his Lord when he received investiture of his Lands And although the conceived words to which he sware be a little changed by Popes yet the same thing remains perpetually Therefore we know that Charles the 5. of Austria was created Emperour upon certain Lawes and conditions as likewise others who have succeeded him of which the summe was That he would keep the Lawes enacted That he would make no new Lawes without the Electors consents that he would determine publike affaires in a publike Counsell that he would altenate or pervert none of these things which pertained to the Empire with other things which are severally recited by Historiagraphers And when as the Emperour is crowned at Achen the Archbishop of Colen first demands of him Whether he will not defend the Church administer justice preserve the Empire protect Widowes Orphans and all worthy of pitty which when he hath solemnly sworn to perform before the Altar the Princes and those who represent the Empire are demanded whether they will promise to fealty him Neither yet is he first annointed or receives a sword of purpose to defend the Republike or other Ensignes of the Empire before that he shall have taken that Oath From whence verily it is manifest that the Emperour is purely obliged the Princes of the Empire upon condition onely No man will doubt but that the same is observed in the kingdom of Poland who shall understand the ceremonies very lately observed in the Election and Coronation of Henry of Angiers especially the condition propounded to him of conserving both Religions as well the Evangelicall as Roman which the Nobles thrice demanding of him in set forme of words he thrice promised to perform In the Hungarian Bohemian and other kingdomes which would be over-long to recite the very same is done Neither onely where the right of Election hath continued yet entire hitherto but likewise where meer succession is commonly thought to take place the very same stipulation is wont to intervene When the King of France is crowned the Bishops of Laudune and Belvace ecclesiasticall Peers first demand of all the people that are present Whether they desire and command him to be King Whence even in the very forme it self of inauguration he is said To be elected by the People When the people Seem to have consented he sweares That he will universally defend all the Lawes Priviledges and Rights of France that he will not alienate his demesnes and the like I shall here insert the Oath out of Bochellus Mr. Selden and others intirely thus Archiepiscopt Ammonitio ad Regem dicendo it a in the name of all the Clergy A vob is perdonari petimus ut vnicuique de Nobis Ecclesis nobis Commissis Canonicum privilegium debitam legem atque justitiam conservatis defensionem exhibeatis sicut Rex in Regno suo debet unicuique Episcopo Ecclesiae sibi Commissae Responsio Regis ad Episcopos Promit to vobis perdono quia vnicuique de vobis Ecclesiis vobis commissis Canonicum privilegium debitam legem atque justitiam conservabo defensionem quantum potuero exhibebo Domino adjuanente sicut Rex in suo Regno unicuique Episcopo ecclesiae sibi commissae per rectum exhibere debet Itemâ— haec dicit Rex pâ—omittit firmat juramento Haec populo Christiano mihi jubdito in Christi nomine promitto In primis Vt Ecclesiae Dei omnis Populus Christianus veram pacem nostro arbitrio in omni tempore servet superioritatem jura Nobilitates Coronae Franciae inviolabiliter custodiam ET ILLA NEC TRANSPORT ABO NEC ALIEN ABO Item ut omnes repacitates omnes iniquitates omnibus gradibus interdicam Item ut in omnibus judiciis aequitatem misericordiam praeoipiam ut mihi vobis indulgeat persuam misericordiam clâ—mens misericors Dominus Item de terra mea ac jurisdictione mihi subdita universos Haereticos Ecclesia denotatos pro viribus bona fide exterminare studebo Haec omnia praedicta firmo juramento Tum manum apponat Libro librum osculetur These things though they have been altered and are farre different
the which they shall swear to be faithfull to us against the King of Spain and his adherents according to the form set down by us and there shall be given to the said Councellors Masters of accounts Iudges and Officers remaining in the Provinces which have contracted with the Duke of Anjou in our name an act of continuance in their Offices containing in stead of a new commissions a cessation or disannulling of their former and that by way of provision untill his comming And to Councellors Masters of accounts Iudges and Officers being resident in Provinces which have not contracted with his Highnesse a new Commission shall be given under our name and Seale if the petitioners were not found faulty to be of bad behaviour to have done against the priviledges of the Countrey or to have committed some other disorder We also command the President and them of the privie Councell the Chancellour and Councell of Brabant the Governour Chancellour and Councell of Gueldres and the Countie of Zutphen the President and councell in Flanders the President and councell in Holland the Governour President and Councell in Friseland the President and Councell at Vtricht the Bayliff at Tournay and Tournesis the Receivors or chiefe Officer of Beoostercheldt and Bewesterscheldt Zeeland the scout of Macklyn and all other Iudges and Officers whom it shall concerne their Lieutenants and every of them presently without any delay to publish this our Decree in all places of their jurisdictions and wheresoever they are accustomed to make proclamations to the end that no man may pretend any cause of ignorance And that they may keep and observe and cause to be kept and observed inviolably this our Decree without any favour support or dissimulation for wee have so thought it fit and convenient for the good of the Countrey For the effecting whereof we give to every one whom it shall concerne full power and authority and speciall Commission In witnesse whereof we have caused our seale to be hereunto annexed Given at the Hage in out assembly the 26 of â—uly 1581. Vnderneath was written By the ordinance and decree of the said Estates and signed â— Tan Asseliers According unto this declaration of the Estates there was a new forme of an Oath drawn in manner of an abjuration of the King of Spaine and promise of duty and obedience which every one should owe unto the said Estates by the publike Officers and Magistrates of every Town and Province as followeth I sweare That hereafter I shall not serve nor yeeld obedience to Philip King of Spaine nor acknowledge him for my Prince and Lord whom I doe renownce by these presents and doe hold my selfe freed from all Oaths and bonds by the which I might bee formerly tyed unto him whereof finding my selfe presently delivered I sweare a new and binde my selfe to the united Provinces and namely to them of Brabant Gueldre Holland Zeeland and their allies and to the soveraign Magistrates that are appointed to bee faithfull and loyall unto them to yeeld them all obedience aide and comfort with all my power and meanes against the King of Spaine and his adherents and against all the enemies of the Countrey Promising as a good vassall of the Countrey to carry my self faithfully and loyally with shew of all obedience to my superiors So help me the Almighty God This decree being thus proclaimed all the seales counter-seals and secret signets of the King of Spaine were broken and cancelled with solemnity by all the consuls of the said Provinces and others new made by order of the generall Estates for that which concerned the Government and the affairs of the generality And as for matters of justice and policie they used the seales names and titles of private governours and Provinciall consuls From that time there was no coynes of gold silver or copper made with the name or titles of the King of Spaine but upon stamps which the Estates had caused to be made in every Povince All governours superintendents Presidents Chancellours Councellours and others Officers were discharged and absolved from their precedent oathes and did sweare fidelity to the generall Estates against the King of Spaine and his adherents according to the forme above mentioned to whom an act was sent for the continuation of the Commissions Ninthly it is evident from the premises That is Emperours and Kings shall degenerate into Tyrants violate their Oathes and Covenants made unto the people invade their Lawes Liberties persons with armed violence and instead of protecting make warre upon them that the Nobles Magistrates Estates Parliaments and people in such cases may without any guilt of Treason Rebellion Sedition not only disobey but Lawfully resist them with force of Armes both in point of Lawe conscience are obliged under paiâ—e of treachery and perfidiousnesse to their Countrey thus to resist and in cases of incorrigibility for the publike weale and preservation may justly if they see it necessary depose them from their Royall Dignities as Enemies or Traytors to their Kingdoms and people The reason is Because no Kingdome or Nation under Heaven ever elected or voluntarily submitted themselves unto any Emperour or King whatsoever for ought can be proved or imagined but upon this tacit condition that they should justly governe defend and protect them for their good not tyrranize over pillage murther oppresse or make warre upon them at their pleasures contrary to the Lawes of God nature nations Nor yet actually obliged themselves under paine of Treason Rebellion death or damnation not forcilly to reobsist or deprive their Princes in any wise though they with open violence should set themselves to subvert their Religion Lawes Liberties and Republike to which unreasonable condition no Natian certainty would have consented had it been propounded to them by their Kings at first as Grotius well observes This point of greatest difficulty and concerment I have largely debated and confirmed already in the third part of this Discourse where all contrary Objections against it are refuted Yet because it still seemes a feditious unchristian Paradox to many Malignants and Royallists I shall satifie it with such new Authorities of all sorts which may happily convince if not convert them from their inveterate wilfull error My first Authority of this kinde is that passage of Sozomon an ancient Ecclesiasticall Historian Eccles. Hist. l 6. ch 2. recited and approved by Nicephorus Callistus Eccles hist. l. 10. ch 34. where he thus writes of the death of Iulian the Emperor who turned both a Tyrant Apostate and Persecutor of the Christians reputed to be staine by a Christian Souldier of his own Army for his Tyranny and impiety Whereas Libanius writes in this manner Hee seemes to say that the stâ—ayer of Iulian the transgressor was a Christian which peradventure was true Neither is it incredible that some one of the Souldiers who marched under his colours had considered these things thus in his minde That not only the Heathens but likewise ALL
their destruction attended in ambush The King sweares his innocency promising safe conduct to the Lords if they would come who thereupon came strongly guarded and would trust no longer The King sitting in Royall State in Westminster Hall the Lords present themselves upon their knees before him and being required by the Lord Chancellor Why they were in warlike manner assembled at Haring gye Parke contrary to the Lawes their joynt answer was That they were assembled for the good of the King and kingdome and to weed from about him such Traytors as he continually held with him The Traytors they named to be Robert de Vere Duke of Ireland Alexander Nevill Arch-bishop of Yorke Michael de la Pole Earle of Suffolke Sir Robert Trâ—silian that false Justiciar Sir Nicholas Brambre that false knight of London with others To prove them such They threw downe their Gloves as gages of challenge for a triall by the Sword The King hereupon replyed as knowing they were all hidden out of the way This shall not be done so but at the nâ—xt Parliament which shall be the morrow after Candlemas all parties shall receive according as they deserve And now to you my Lords How or by what authority durst you presume to levy Forces against me in this Land did you thinke to have terrified mee by such your presumption Have not I men and armes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of you all no more than of the basest Scullions in my kitchins Having used these and many like high words he tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The rest of the conference was calme and the whole deferred till the next Parliament then shortly to be holden at Westminster In the meane time that the world might see how little able the King was to equall his words with deeds a Proclamation was set forth in which the King before any tryall cleareth the Lords of Treason names thoâ—e persons for unjust accusers whom the Lords had before nominated The Lords neverthelesse thought not good to sever themselves but kept together for feare of the worst which fell out for their advantage For the Duke of Ireland with the Kings privity such was his false dissimulation had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke slew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare Among the Dukes carriages was found as the devill or rather God would have it certaine Letters of the Kings to the said Duke by which their Counsels were plainely discovered The Lords hereupon march with speed up to London having an Army of forty thousand men the Lord Mayor and City doubtfull whether to displease the King or Lords upon consultation receive the Lords into the City and supply their Army with provisions in the Suburbs Which the King hearing of seemed to slight them saying Let them lye here till they have spent all their goods and then they will returne poore and empty to their houses and then I shall speake with and judge them one after another The Lords hearing this were exceedingly moved and swore They would never remove thence till they had spoken with him face to face And forthwith sent some to guard the Thames lest the King should slip out of their hands and then scoffe at them The King being then in the Tower and seeing himselfe every way encompassed sent a message to the Lords that he would treat with them who thereupon desired him That he would come the next day to Westminster where they would declare their desire to him The King replyed That he would not treat with them at Westminster but in the Tower To which the Lords answered That it was a suspicious place because traines might there be laid for them and dangers prepared to destroy them Whereupon the King sent word They should send thither two hundred men or more to search and view all places lest any fraud should lye hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to him briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability and underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them together with the French packets they had intercepted whereby it appeared he had secretly practised to flye with the Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the Crowne of England held in those parts whereby his honour might diminish his strength decay and his fame perish The King seeing this knew not what to doe especially because he knew himselfe notably depressed At last craving leave they left him confounded and shedding teares yet upon condition that he should come to Westminster the next day where hee should heare more and treate of the necessary affaires of the kingdome Which he promised to doe retaining the Earle of Darby to sup with him But before he went to bed O the ficklenesse of weake Princes and faithlessenesse of their royall words and Protestations some whisperers telling him that it was not decent safe nor honourable for the King to goe thither he changed his resolution The Nobles hearing this were very sad and discontented and thereupon sent him word That if he came not quickely according to appointment they would chuse them another King who both would and should obey the Counsell of his Peeres The King strucke with this dart came the next day to Westminster there attending his Nobles pleasures To whom after few discourses the Nobles said That for his honour and the benefit of his kingdome all Traytors whisperers flatterers evill instruments slanderers and unprofitable persons should be banished out of his Court and company and others substituted in their places who both knew how and would serve him more honourably and faithfully Which when the King had granted though with sorrow they thought fit that Alexander Nevill Archbishop of Yorke Iohn Fordham Bishop of Durham with sundry other Lords knights and Clergy men should be removed and kept in strait prison to answer such accusations as should be objected against them the next Parliament Whereupon they were apprehended forthwith and removed from the Court After the feast of Purification the Parliament much against the Kings will who would have shifted it off at that time began at London The first day of the Session Fulthorpe and all the rest of the Judges were arrested as they sate in judgement on the Bench and most of them sent to the Tower for that having first over-ruled the Lords with their Counsels and direction which they assured them to be according to Law they afterward at Nottingham gave contrary judgement to what themselves had determined formerly Tresilian the chiefe Justice prevented them by flight
and 14. The Bishop of Durham late Chancellour of England to Henry the 5. deceased and the Bishop of London Chancellour of the Dutchy of Normandy severally shew that upon King Henry the 5. his decease they delivered up their severall Seales after their homage and fealty first made to King Henry 6. in the presence of divers honourable persons whom they name particularly desiring the Lords to attest their surrender of the said Seales at the time and place specified which they did and thereupon they pray that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity which is granted and entred accordingly Numb 15. It was enacted and provided by the said Lord Commissioner Lords and Commons that in as much as the Inheritance of the Kingdomes and crownes of France England and Ireland were now lawfully descended to the King which title was not expressed in the Inscriptions of the Kings Seales whereby great perill might accrue to the King if the said inscriptions were not reformed according to his Title of Inheritance that therfore in all the Kings Seales as well in England as in Ireland Guyen and Wales this new stile should be engraven Henricus Dei Gratia Rex Franciae Angliae Dominus Hiberniae according to the effect of his inheritances blotting out of them whatever was before in them superfluous or contrary to the said stile and that command should be given to all the keepers of the said Seales of the King to reforme them without delay according to the forme and effect of the new Seale aforesaid Numb 16 Duke Humfrey the Kings Commissary and the other spirituall and temporall Lords being sate in Parliament certaine Knights sent by the Speaker and whole House of Commons came before them and in the name and behalfe of the said Commonalty requested the said Duke that by the advise of the said Spirituall and Temporall Lords for the good government of the Realme of England he would be pleased to certifie the said Commons to their greater consolation what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England and Keeper of his Privie Seale Vpon which request so made due consideration being had and full advise taken and the sufficiency of those persons considered which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough the King following his Fathers example and advise by the assent of the said Lord Duke his Commissary and of all and every one of the Lords spirituall and temporall hath nominated and ordained anew the Reverend Father Thomas Bishop of Durham to the Office of his Chancellour of England William Kinwolmaâ—sh Clerk to the Office of Treasurer of England and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid that 〈◊〉 well to the said Chancellor of England as to the said Treasurer of England and to the said Keeper of his Privie Seale for the exercise of the said Offices severall letters patents should be made in this forme Henâ—icus Dei gratia Rex Angliae Franciae Dominus Hâ—berniae omnibus ad quos presentes liteâ—ae pervenerint 〈◊〉 Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES constituimus venerabilem patrem Thomam Episcopum Dunelmensem CANCELLARIVM nostrum ANGLIAE dantâ—s concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro omnes omnimodas auctoritatem potestatem adomnia ea fingula quae ad officium cancellarii Angliae de jure sive consuetudine pertinent seu quovis tempore pertinere consueverunt c. The like Patents verbatim are in the same role mutatis mutandis made to the said Treasurer of England and Keeper of the Privy Seale After which the said Duke by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury the Bishops of Winchester and Worâ—ester the Duke of Excester the Earle of Warwicke the Lords of Ferrers and Talbot to the Commons then being in the Commons House and notified to the Commonalty by the said Lords these Officers to be nominated and ordained to the foresaid offices in forme aforesaid Vpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made rendring many thanks for this cause to our Lord the King and all the said Lords as was reported by the said Lords in the behalfe of the Commons in the said Parliament Numb 17. The liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts are confirmed by Parliament and their grants ordered to be sealed with the Kings new Seales without paying any Fine Numb 18. Henry the 5. his last Will and the legacies therein given are confirmed by the Kings Letters Patents with the assent of the Lords and Commons in Parliament Numb 19. A subsidy is granted to be imployed for the defence of the Realme of England to which end the Lord Protectour promiseth it shall be diligently imployed Numb 22. and 23. The King by assent of all the Lords spiritual and temporall wills and grants that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England and of the Constableship of the Castle of Gloucester from the death of the Kings father so long as it shall please the King with all the fees profits and wages thereunto belonging in the same manner as they were granted to him by his Father Numb 24. The 27. day of this Parliament the tender age of the King being considered that he could not personally attend in these dayes the defence and protection of his Kingdome of England and the English Church the same King fully confident of the circumspection and industry of his most deare Vncles John Duke of Bedford and Humfrey Duke of Gloucester By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall and LIKEWISE OF THE COMMONS in this present parliament hath ordained and constituted his said Vncle Duke of Bedford now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME and of the Church of England and PRINCIPALL COVNSELLOR of our Lord the King and that he shall both be and called Protector and Defendor of the Kingdome and the Principall Councellor of the King himselfe after he shall come into England and repaire into the Kings presence from thenceforth as long as he shall stay in the Kingdome and it shall please the King And further our Lord the King BY THE FORES AID ASSENT and ADVICE hath ordained and appointed in the absence of his said Vncle the Duke of Bedford his foresaid Vncle the Duke of Gloucester now being in the Realme of England PROTECTOR of his said Realme and Church of England