Historians and Henâ—y the fourth elected and created King in his stead In both which depositions the Popish Prelares were chiefe 〈…〉 ctors Å¿ Speed p. 869. 878. 879. 887. Holingshead Polychronicon Fabian Grafton Hall Stow Caxton in their lives Anno 1462. King Henry the sixt Queen 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 reestablished in his Kingdome and Edward the fourth declared 〈…〉 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 â—eestablished King Edward All this have our Popish Parliaments Prelates Lords and Commons formerly done and that rightly and legally as they then supposed which far transcends the highest stâ—aines of pretended inâ—roachments on his Majesties royalties by the present Parliament which detests such presidents Secondly our Popish Parliaments Pecres and Prelates have oft translated the Crowne from the right heires â—nd setled it on others who had no lawfull right or title to it electing and acknowledging them for their oneâ—y Soveraigne Lords in which actions the Popish Prelates and Clergy were commonly the Ring-leaders witnesse their t Speed p. 410. 411. 425 426. 404. to 407. 410. 416. 418. 419. 455 456. 466 467. 548 549. 550. 590. 591. See Matthew Paris Matth. Westminster Malmesbury Hunting don Eadmerus 〈…〉 bian Walsingham Caxton Polychronicon Polydoâ— Virgil Hall Grâ—â—tâ—n Stow How Hollinshead Haywarâ— Mâ—â—tin Daniel and Sir 〈…〉 their severall lives of these Kings electing and crowning of Edward who was illegitimate and putting by Ethelred the right heire after â—dgars decease An. 975. The electing and Crowning Canutus King a meere forrainer in opposition to Edmund â—he right heire to King Ethelred An. 1016. Of Harold and Hardiknute both elected and crowned Kings successiveâ—y without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned and tortuâ—ed to death An. 1036. and 1040. yet after Hardiknutes decease Edward surnamed the Confessor was chosen King by consent of Parliament And the English Nobilitie upon the death of King Harold enacted That none â—f the Danish blood 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 â—he 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 â—y the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their â—wne liking upon faire promises for resorming bad and rigorous Lawes remission of Taxes exacted on the Subjects and â—unishment of the chiefe causers of them and a solemne oath to frame good Lawes and ratifie Saint Edwards Lawes â—ll which he really performed So after the death of Richard the first John Earle of Morton was elected and crowned King and his Nephew Arthur the right heire disinherited And he dying his sonne Henry the third was â—lected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in â—he case of King Henry the fourth King Edward the fourth and Richard the third made Kings by Acts of Parâ—â—ament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles â—y way of usurpation and the right hereditary line put by Such a transcendent power and â—urisdiction as this 〈…〉 disinherite the right heire and transferre the Crowne to whom they throught meerest neither the present nor â—ny other Protestant Parliament Peeres or Subjects ever claymed or exercised though Popish Parliaments â—relates Lords and Commons have thus frequently done it of which you may reade more in 25. H. 8. c. 22. 26. 〈…〉 8. c. 12. 28. H. 8. c. 7. 35. H. 8. c. 5. Thirdly the Lords and Commons in times of Popery have sent our writs and summoned a Parliament in the Kings name and forced the King to call a Parliament without and against his full consent Thus they summoned and held a Parliament in Ireland Anno 1341 refusing to come to a Parliament there summoned by the Kings officers and authority as the u In Camdens Britania English p. 188. Irish Annalls doe more at large record Thus they x Walsingham Hist. Ang. p. 107. 398. Speed p. 681. 757. summoned and held two Parliaments here in England to depose King Edward the second and King Richard the second without these Kings consents and by two severall Acts of Parliament 4. E 3. c. 4. and 36. E. 3. c. 10. enacted That for the maintenance of the Lawes and Statutes and redresse of divers mischiefes and grievances which daily happeâ—eth a Parliament shall be holden every yeare once and more often if need be whereas this Parliament was 〈…〉 called but by the Kings owne free consent and hath moderated these former Acts by changing the annuall into 〈…〉 triennuall Parliament by a speciall Bill to which his Majestie gave his full and free assent y Myrror c. 1. sect 3. p. 10. Co. instit on Littleton f. 110. Spelman Concil p. 347. Long before which Acts King Alfred in an assembly of Parliament ordained this for a perpetuall custome that a Parliament should be called together at London twice every yeare or oftner in time of peace to keep the people of God from sinne th 〈…〉 they may live in peace and receive right by certaine usages and holy judgements Fourthly Our Popish Barons Prelates and Commons have refused to meet in Parliament when the King ha 〈…〉 summoned them by his writ z Matth. Paris An. 1233. p. 344 473 c. Speedes Hi. p. 607. to 613. Anno 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 messag 〈…〉 that they would not come upon his summons for that the Kings person went guarded with Poictovines othe 〈…〉 strangers who swayed and miscounselled him as ill Counsellors doe now the King so as they could no 〈…〉 there appeare with safety at which message the King grew very angry resolving that they should bee on 〈…〉 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 Winchester and Peter de Rivallis his malign 〈…〉 Counsellors he could never be quiet And Roger Bacon a Clergy man also of a pleasant wit seconding Robert advise told the King that Peirae 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
had sworne After â—hich he rightly setled the affaires of England by the counsell of his Nobles and then passed over inâ—o Normandy But how ill he kept this his Oath and others of this Nature and how he violated the â—tatutes of Magna Charta and Dâ— Forresta which he had confirmed with his hand seale oath Proâ—amations the Bâ—shops Excommunications and the Popes Bull within three monethâ— after he had on firmed them and procured a dispensation of his oath and abrogation of these Lawes making â—loody warres upon his Barrons and Subjects who confiding to those confirmations and royall proâ—ises expected no such strange performances spoyling robbing and destroying his people every â—here in the selfe-same manner as we now are plundered * See before p. 5. 8. Graf p. 11. Mat. Paris pâ— 243. to 247. worthy reading and consideration the Histories of his life too manifestly â—â— late which oft put his Crowne in danger of utter losâ—e Lewis of France being crowned king by the â—â—rons in his steed who renounced their allegiance to him for his perjuries and breach of faith and â—aking warre upon them John departing this life his sonne Henry being but 9. yeares old was proâ—aimed king through the peâ—swasion of the Earle Marshall and of Pembroke afterwards made his â—rotector who informed the Lords and Commons h Fox Acts Mon. Ed. tâ—lt v. 1. p. 334 Speed p. 591. that though King Iohn for his evill demeanors â—eserved their persecution and lâ—sse of his crowne yet his young child tender in yeares was pure and innoâ—nt from his fathers doings Wherefore â—ith every man is to be charged with the burthen of his owne transâ—ressions neither shall the child as scriptures teach beare the iniquity of his Fathers they oâ—ght of duty â—nd conscience to beare themselves â—ildly towards this tender Prince and take compâ—ssion of his age And â—r as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt â—llistance APPOINT HIM our King and Governour let us renounce from us Lewis the French kings â—onne and suppresse his people which are a confusion and shame to our Nation and the yoakes of their Serâ—itude let â—s cast from our shoulders Vpon which perswasions Henry was presently proclaimed and crowned king at Glocesler And though he were but an infant yet being i Mat. Paris p. 278. 305. set before the High Altar he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques Ioceline Bishop of Bath dictating the Oath That he would beare honour peace and reverence to God to â—â— Church and Priests all the dayes of his life He likewise swore that he would maintaine right Iustice among the people committed to his Charge And that he would blot out ill Lawes and unjust customes if that should be any in the kingdome and observe good ones and cause them to be kept by all men How well â— observed this solemne oath with many others of like nature made to his Lords and Subjects fâ— confirmation of Magna Charta and their Liberties k In his Edition Tiguri 1589. p. 876. 938. 958. 959 960. Mathew Paris will informe us who writâ— that the King in all his Oathes and promises did so farre transgresse the bounds of truth that the Prelaâ—â— and Lords knew not how to hold this Proteus the King for where there is no truth there can be no â—ixâ— confidence That thought he sometimes humbled himselfe confessing that he had beene often bewitched â— ill Counsell and promised with a great Oath solemnely taken upon the Altar and coffin of Saint Edwarâ— that he would plainely and fully correct his former Errors and graciously condescend to his naturall Subject good counsell yet his frequent preceding breaches of oathes and promises sepenitus incredibilem reddiderâ—â— made him altogether incredible so that though he usually heard three Mosses every day but seldome aâ— Sermons as l Hist Angl. P. 1. Walsingham notes yet none would afterwards beleeve him but ever feare and suspâ—â— his words and actions and to avoyd the infamie of perjurie which he feared he sent to the â—opeâ— absolve him from those Oathes he repented of who easily granted him an absolution Such faith and assurance is there in the Oathes and Protestations of Princes to their Subjects whose Politicke capacities oft times have neither soule nor conscience This perfidiousnesse in the king made his long raigâ— full of troubles of bloody civill warres and oft times endangered the very losse of his Crowne aâ— kingdome as our Historians informe us for which he repented and promised amendment at hâ— death m Lib. 3. c. 9. f. 107. Bracton an ancient Lawyer in this kings dayes writes That the king in his Coronation OVGHT by an Oath taken in the name of Iesus Christ to promise these three things to the people subject to hiâ— First that he will command and endeavour to his power that true peace shall be kept to the Church and â— Christian people in his time Secondly That he will prohibit rapines or plunderings and all iniquities â— all degrees Thirdly That in all Iudgements he will command equitie and mercy that so God who is gracious and mercifull may bestow his mercy on him and that by his justice all men may injoy firme peace Fâ— saith he a King is SACRED and ELECTED to wit by his kingdome for this end to doe justis unto all for if there were no justice peace would be easily exterminated and it would be in vaine to make Lawes and doe justice unlesse there were one to defend the Lawes c. And before the Conquest I reâ— in n Fox Acts and Monuments Edition 1641. vol. 1. p. 214. and Lambards Archaion Leges Edwardi c. 17. Bilson par 3 p. 494. King Edward the Confessors Lawes not onely the Office but Oath of the King whom he anâ— Bracton oft stiles Gods and Christ Vicar upon earth thus excellently described A King ought aboâ— all things to feare God to love and observe his Commandments and cause them to be observed through hâ— whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved sâ—â— as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe justice anâ— judgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King â— his owne person to doe taking his oath upon the Evangelists and the blessed Reliques of Saints swearing â— the presence of the whole state of his Realme as well of the temporalty as of the spiritualty before he â—â— crowned of the Archbishops and Bishops Three servants the King ought to have under him as Vassals fleshly lust avarice and greedy desire whom if he keepe under as his servants and slaves he shall reigne well anâ— honorably in his Kingdome He must doe all things with good advisement and praemeditation and thâ— properly
in their Controversies of the Popes Supremacy of general Councels Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene c See Grafton p. 512 513. 161. Matthew Paris p. 954. Fox old Edition p. 508. King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors d See Hoveden p. 724 725 for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finall Judges of it Not to give you aâ—y instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our e Walsingham Hist p. 514. Speed p. 647 648. Kings Edward the first King John f Matthew Paris p. 273. 274 275. condemned to death by a Parliament in France by French Peeres for slaying his Nephew Arthur trecherously with his owne hands and likewise to lose the Crowne of England Henry the third and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip Nor yet to repeate the i pag. 5. forementioned precedents how the Lords and Commons when the Title to the Crowne hath beene in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by compeâ—itors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the * See Matthew Westm Fabian Grafton Holin Kingdom Lords and Commons then disposed of the Crowne in cases of minority want of Heâ—res misgovernment and câ—ntroversies abâ—ut the Title to the Crowne * Polichron l. 6. c. 18. Speed p. 399. See Grafton and Holinshed accordingly Canutus after the death of King Edmond Anno 1017. claiming the whole Realme against Edmonds Brethren Sons referred his Title upon the agreement made between Edmond and him foâ— this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of fealâ—y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmesâ—wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10â—0 Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxfoâ—d who gave their voyces to Harold there present and presently proclaimed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying * Huntindon l. 6. Polychron l. 6. c. 18. Speed p. 410. Matthew Westâ—n An. 1042. p. 415. Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harolds death enacted by Parâ—iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none oâ— the Danish blood should any more Reigne over them was elected King and declared â—ight Heire to the Crowne Anno 1126. k Hoveden Hunâ—ingdon Matthew Westminster Matthew Paris Walsingham Polychronicâ—n Fabian Anno 1126. Speed p. 477. See Hoâ—inshed Grafton Stow Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to fucceed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English Blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to â—er As much as in them lay after King Henries death if â—e dyed without issue male to establish â—er Queene â—f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyseâ—â—us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres â—o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris â— 82 83. Speed p. 497. Hoveden p. 490. Hunâ—indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty â— Walâ—ingford where by the advise of the Lords they made this accord That Stephen if he would should â—eaceably hold the kingdome during his life and that Henâ—y should be his adopted Sonne and Successor enjoy â—he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should â—weare that Henry after the Kings death if he suâ—vived him should Pâ—ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parlâ—ament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the Kingdome In the 8. and 25. E. 3. there was a m 25. E. 3. Parl 2. in the Statuts at large doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should inâ—erit lands in England The King to cleare all doubts and ambiguities in this case and to have the Laâ— herein reduced to ceâ—tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliamâ—nt in the 25. yeare of his Raigne to deliberaâ—â— of this point who with one assent resolved That the Law of the Realme of England is and alwayes hath beene such that the children of the Kings â—â— England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a special Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a * Cooke l. 7. The Princes case Parliament 11. E. 3. this
good advice of * Who now give the King no such advice Schollers which he would not of his Peeres summons another Parliament to be holden at Westminster giving th 〈…〉 world to know withall that his purpose was to amend by their advice whatsoever was to be amended But the Baro 〈…〉 considering that still there arrived more and more strangers men of warre with horse and armes as now alas we s 〈…〉 they doe and not trusting the Poictovine Faith as we have now cause to mistrust the perfidious Papists and malignant Cavaliers and seeing no footstep of peace our present condition refused to come at the appointeâ— day sending the King word by solemne messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovians out of his Court which if he refused they all of them by the common consent of t 〈…〉 who le kingdome would drive him with his wicked Counsellors out of the Kingdome and consult about creating 〈…〉 new King Thesethings thus acted the King was much dejected in mind and all his Court hanging down 〈…〉 their heads and fearing not a little lest the errors of the Sonne should become worse then the fathers errors whom hi 〈…〉 Subjects indeavouring to depose from his royall Throne almost detruded him to that name which was give 〈…〉 him by a certaine presage John the Banished Wheresore hee could easily have beene drawne to redeem 〈…〉 the love of his naturall Liegemen with the disgrace of a sew strangers But the Bishop of Winchester with other his ill Counsellours and Poictovine Cavalieres counselled hi 〈…〉 to take up armes against his rebellious Subjects as they stiled them and to give their Castles and Lands to them w 〈…〉 would defend him and the kingdome of England from these Traytors The Counsell now given to his Majesty 〈…〉 his ill Counsellours and Cavalieres Hereupon the King inclining to the worser part raiseth an Army of Poictovine and Foraine Souldiers which came to him being sent for out of Flanders from whence the King no 〈…〉 hath many old Souldiers and Commanders sent him seiseth a Manour of Guilbert Bassers a Noble man give 〈…〉 him by King John calling him Traytor when he demanded it sets downe a day wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty and being at Glocester with his Army whith 〈…〉 the Lords resused to come being required the King thereupon as if they were Traytors burnes their Manor 〈…〉 destroyes their Parkes and Ponds besiegeth their Castles and without the judgement of his Court and of thei 〈…〉 Peeres denounceth them exiles and banished men gives their Lands to the Poictovines and adding griefe to grie 〈…〉 wound to wound commanded their bodies to be apprehended where ever they were within the Kingdome he likewise sends a Defiance to the Earle Marshall whose Lands he had wasted who thereupon understood himselfe discharged of that obligation by which he was iyed to the King and free to make his defence Whereupon h 〈…〉 seeing * Note neither Faith nor Oath nor peace to be kept by the King or his ill Councellours who contrary to their promise and Oath refused to deliver up his Castle which they promised to render to him upon demand h 〈…〉 raiseth a greaâ— Army and takes his Castle On this the King upon better consideration did againe promise 〈…〉 and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at th 〈…〉 day and place appointed he holds a great conference with the Lords But the evill Councellors he followed suffered him not to make good his promise For when divers there present greatly in the Kings favour with sundry Preachers and Fryers whom the King was wont to reverence and hearken to Humbly beseeched and earnestly exhorted the King to make peace with his Barons and Nobles and to embrace them with due affection being The Parliments present case his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manors Woods Parkes Ponds and being led and seduced by evill Councels lesse regarded his faithfull Subjects whose native bloo 〈…〉 would not permit them to bow downe then Forainers and which is worse called them Traytors by whom â—e ought t 〈…〉 settle the peace order the Councels and dispose the affaires of his Kingdome The Bishop of Winchester ofâ—ended it seemes at Peers takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Justiciars as himselfe pleaseth â—o ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent â—peech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellors of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse â—ot themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that perâ—urbed â—he peace of the Realme and so the hoped accommodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces sell pell mell upon the Kings Army slew divers of his forâ—einers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund â—rchbishop of Canterbury elect with other suffragan Bishops bewayling the estate of the Kingdome presented themselves before the King at Westminster telling him as his loyall liegemen and O that some Bishop or faithâ—ull person if there bee any such about his Majestie would now deale thus clearely with him touchâ—ng his evill Counsellors That the Councell of Peter Bishop of Winchester and his complices which now he had and â—sed was not sound nor safe but euill and dangerous to himselfe and his Realme First for that they hated and deâ—ised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the peoâ—le from him as in the Earle Marshall whom being one of the wortâ—iest men of the Land by sowing false tales they â—rave into discontentment Secondly that by the Counsell of the said Peter his Father King John first lost the hearts of â—is people then Normandy then other lands and finally wasted all his treasure and almost England also and never afâ—er had quiet Thirdly That if the Subjects had now beene handled according to justice and law and not by their ungodâ—y Counsels these present troubles had not happened but the Kings lands had remained undestroyed his treasure unexâ—austed Fourthly that the Kings Councell is not the Councell of peace but of preturbation because they that cannot â—aise themselves by peace must raise themselves by the troubles and disinherison of others Fiftly That they had the Trea 〈…〉 re Castles Wardships
presence and of all his Barons and himselfe was one of the Excommunicators That such a one should be maâ— their Chiefe Justice who would judge according to Right without respect to poore or rich With other things concerning the kingdome to the common utility peace and honor of the King and kingdome To these their necessaâ—â— Councels and provisions they did frequently and most constantly by way of advice desire the King to condescend swearing and giving their mutuall Faith and hands one to another That they would not defisâ—â— prosecute their purpose neither for losse of money or Lands nor love nor hare no nor yet for life or deaâ— of them or theirs till they had cleared England to which they and their forefathers were borne from up starts and aliens and procured laudable Lawes The King hearing this and that they came exquisitely arme that so he and his aliens might be enforced if they would not willingly assent tooke his corporall Oath aâ— his Sonne Prince Edward also that he would submit â—o their Councels and all those their Ordinances fâ—â— feare of perpetuall imprisonment The Lords having by an Edict threatned death to all that resisted Whiâ— done all the Peeres and Prelates tooke their Oath To be faithfull to this their Ordinance and made all whâ— would abide in the Kingdome to sweare they would stand to the â—ryall of their Peeres the Arch-bishopâ— and Bishops solemnely accursing all that should rebell against it And Richard King of Romans the Kings younger Brother comming soone after into England to visit the King and his owne Lands the d Matth. Par. p. 952 953. Spe. p. 636. Barons enforce him according to his promise sent them in writing before his arrivall to take this Oath as soone as he laâ—ded in the Chapter-house at Canterbury Heare all men that I Richard Earle of Cornewall sweare upon â—â— holy Gospels to be faithfull and forward to reforme with you the kingdome of England hithertâ— by the councell of wicâ—ed men so much deformed And I will be an effectuall coadjutoâ— to expell the Rebels and troublers of the Realme fâ—â— out of the same This Oath will I observe under paine to for feit all my Lands I have in England To such a high straine as this did these Popish Parliaments Prelates Peeres and Commons scrue up their â—â—risdictions to preserve themselves and the Kingdome from slavery and desolation whom Matthew Paris â—â— continuer for this service stiles e History Angliae p. 95â— Angliae Reipublicae Zelatores the Zelors of the English Republicke Neithâ— is this their example singular but backed with other presidents In the second and third yeares of King Eâ—ward the second f Walsing â—pâ—digma Neust An. 1309 1310 Hist Ang. p. 70. to 77. S. p. 608. c. with Holin Stow. Graf How and others Fâ—x Act. Mon. vâ—l â— Ed. ult p. 480 481. Piers Gaveston his great proud insolent covetous unworthy Favorite miscounselling aâ— seducing the young King from whom he had beene banished by his Father and swaying all things aâ—â—â— pleasure the Peâ—res and Nobles of the Realâ—e seeing themselves contemned and that foraine upstart pâ—â—feâ—red before them all came to the King and humbly entreated him That he would manage the Affaires of â— Kingdome by the Counsels of his Barons by whom he might not onely become more cautious but more safe from incâ—â—bent dangers the King Voce â—enus consented to them and at their instance summoned a Parliament at Londâ—â— to which he commanded all that ought to be present to repaire Where upon serious debate they earnâ—â—ly demanded of the King free liberty for the Barons to compose certaine Articles profitable to himselfe to his kingdome and â—o the Church of England The King imagining that they would order Piers to be banished a loâ—â— time denyed to grant their demand but at last at the importunate instance of them all he gave his assent aâ— swore he would ratifie and observe what ever the Nobles should ordaine The Articles being drawne up and agreed by common consent they propounded them to the King and by their importunity much against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Archbishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against all who should contradict these Articles which they caused to be openly read in Pauls Church London in the presence of the Prelates Lords and Commons of the whole Kingdome the King being present Among which Articles they demanded That Magna Charta with other provisions necessary to the Church and Realme should be observed that the King â—s his Father had commanded should thrust all Strangers out of his Court and kingdome and remove ill Councellours â—â—om him That he would thenceforth order all the affaires of the Kingdome by the Counsell of the Clergie and Lords â—nd begin no warre nor depart any where out of the kingdome without common consent The King notwithstanding â—ll these things seemed hard and insupportable to him consented to the Articles and banished Piers into â—reland No * Note the credit of Princes Regall promises and Protestations sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations â—ogether with his owne Oath never to reduce Piers sends for him backe to his Court marryeth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe â—o retaine this Gaveston maugre all his Earles Barons and for the love of him to put his Crowne and life in â—erill when time should serve In which whither the King or his favourite shewed lesse discretion it is not â—t the first easily determined it being as unsafe for the one with so offensive behaviour to affect immoderate â—â—ew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon â—he Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the â—arons message to the King by common consent That he should banish Piers from his company and observe the â—ffect of the foresaid Articles or else they would certainely rise up against him as a perjured person by a like vow which â—peech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring â—p if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third â—â—me abjure the Realme with this proviso that if at any time afterward he were taken in England he should â—e forthwith put to death as a perilous enemy to the Kingdome yet he returning in Christmas to the King at Yorke the Lords spirituall and temporall to preserve the Liberties of the Church the Kingdome and remove this â—iper elected Thomas Earle of Lancaster for their Generall and sent honourable messengers to the King reâ—uesting him
to deliver Piers into their hands or drive him from his company out of England as being perswaded â—hile that King-â—ane breathed peace could never be maintained in the Realme nor the King abound in treasure nor the Queene enjoy his love But the wilfull King preferring the dearenesse of one stranger before the love of the â—hole Realme would noâ— condiscend Whereupon the Lords thus contemned and deluded presently raise â—n Army and march with all speed towards Newcastle not to offer injury or molestaâ—â—on to the King writes â—alsingham the case and purpose of the present Parliaments Army but that they might apprehend Piers himâ—elfe and judge him according to the Lawes enacted Which when the King heard he fled together with Piers like a proscribed and banished man to Tynemouth and from thence to Scarborough Castle Where Piers was forced to yeeld himselfe upon condition to speake but once more with the King And then carryed to Warwicke Castle where he had his head strucke off at the command and in the presence of the Earles of Lanâ—aster Warwicke and Hereford as one who had beene a subverter of the Lawes and an open Traytor to the Kingdome and that without any judiciall proceedings or triall of his Peeres though an Earle and so deare a Favourite of the Kings Which bred a lasting haâ—red betweene the King and his Nobles Who being afterwards charged by the King in Parliament with their contempt against him in the spoiles committed by them at Newcastle and wickâ—dly killing Piers They stoutly answered That they had not offended in any point but deserved his royall favour â—or that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act â—f Pardon that no man should be questioned for Gavestons returne or death printed in old g Tâ—tles Magnâ— Charta part 2. f. 50 to 57. Magna Charta Not long â—fter this unfortunate King doting upon the two h Walâ—ing Hist p. 90. to â—10 ypodig Neust p. 105. to 111 Speed Hist p. 674. to 683. See Fabiâ—n Holm Graf Thoâ—â—â—de â—â— More Higdâ—â— Caxton in his life Spencers as much as ever he did on Gaveston to whom they â—ucceeded not onely in pride rapine oppression and intolerable insolencies but even in height of familiarity and power with the King So as they ruled and lead the King as they pleased in so much that no Earle Baron or Bishop was able to dispatch any thing in Court without their advise and favour which made them generally envied of all because they domineered over all The Lords and Barons hereupon confederated together to live and die for juâ—tice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with â—heir forces at Sbirborne Thomas of Lancaster being their Captain they took an oath to prosecure their designe to â—he division of soule body Then they spoyled these Spencers their friends goods take their Castles by vioâ—ence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law equitie following the impetuousnes of their minds they march on to S. Albans with Ensignes displayed sent solemn messengers to the King then at London commanding him not only to rid his Court but kingdome too of the Traytors of â—he Realme the Spencers condemned in many Articles which they had framed against them by the commonalty of the Realme if he loved the peace of the Kingdome And they further required the King to grant letters Patents of indemnity to themselves and all such as had bore armes in their company that they should not be punished by the King or any other for their for epast or present trangressions The King denyed both these demands at first as unjust and illegall swearing that he would not violate his Coronation Oath in granting such a pardon to contempiuâ—us Delinquents Whereupon running to their armes they marched up to London entred the Citie and to avoyd dangeâ— the King through the Queenes and others mediation condescended to their desires passing an Act for thâ— Spensers banishment and the Barons indemnities which you may reade in ancient Part 2. â— 50. Magna Chartaes Upoâ— this the Barons departed neither merry nor secure despairing of the Kings Benevolence which made them goe alwayes armed and to retire to safe places The King soone after recalling the Spensers reversed the sentence against them as erronious gathers an Army encounters and defeats the Barons and puts many of them to deatâ— by these Spencers procurements who not content with their blood procured also the confiscation of their goods aâ—â—â—nheritances 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 Franâ— with her sonne the Prince whose lives these favorites attempted She raysed 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 Kingâ— who being destituâ—e of friends and meanes demanded assistance of the Cirie of London whose answer was That they would honour with all dutie the King the Queene and Prince but would shut their gates against Foreineâ— and Traytors to the Realme and with all their power withstand them And under the name of John of Eltham thâ— Kings second sonne whom they proclaymed Custos of the Citie and of the Land they got the Tower â—â— London into their possession placing and displacing the Garrison and Officers therein as they pleased Thâ— King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her self â—â—er sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should ayde â—â— assist them and that he should have a 1000. l. who did bring the Lord Mortimers head flies to Bristol in the Castle whereof the elder Spenser was taken by the Queenes Forces and without any formall tryall cruelly cut â—â— alive and quartered being first at the clamours of the people drawne and hanged in his proper armour upon the common Gallowes without the Citie After which the King forsaken of all his Subjects flies into Wales for shelter wherâ— he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his sonne confessing That for his many sins he was fallen into this calamitie and therefore had the lesse cause to take it grievously That â—â— much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abhâ—â— his any longer rule and Soveraignty and therefore be besought all there present to forgive and spare him being so afflicteâ— Soone after he was murthered in Barkly Castle And so the sicknesse and wounds which the Commonwealth sustaineâ— by his ill raigne upon the châ—â—ge of her Physician recovered not onely health and strength
Subjects f 〈…〉 to be sworne to observe the same anâ— after bound them in bonds for the firmer keeping of the same to the great 〈…〉 doing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times 〈…〉 wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth 〈…〉 the same Parliament which continued notwithstanding Richards deposition who summoned it 〈…〉 created King who in the q â— H. 4. c. 1. 2 3 4. first Parliament of his Raigne reversed and annulled as illegall the P 〈…〉 liament of 21 Rich. 2. with all its Acts Circumstances and dependants and revived that of 11 Rich. 2. 〈…〉 all points as made for the great honour and common profit of this Realme To these I might adde t 〈…〉 r Walsing hist Angl. p. 416. 417. Ypodig p. 168. 170. Pol. l. 8. c. 10. Caxt. p. 430. Hal Chr. par 1. f. 25 Hol. p 529. Speed p. 775. Maroin Fabian Grafion and others Rebellious insurrectious of Richard Scroope Arch-bishop of Yorke the Earle of Northumber land a 〈…〉 their Complices against King Henry the fourth Anno 1405. to reforme the State and government 〈…〉 lieve the Church and Common weale and Depose King Henry in and by a forced Parliament The Spee p. 486 Hunting lib. 8. insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forrests and 〈…〉 ther immunities of Church and Commonwealth which they would force him â—o confirme the severall k Walâ—ing ham Hist Angl. p. 258. to 281. Speed â— 849. c. 734. c. insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vulgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new ones of their nomination to ratifie what propositions they required and subvert the government of the Real 〈…〉 with the l Speed p. 1032 to 1049 1112. to 1120. See Hall Grafton Holinshed Howes Martin in the lives of H. 8. Ed 6. and Q. Eliz. severall Rebellions of the Popish Lincolne-shire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the 8 his raigne Of the Cornish men Norsolke men Ket and others in Edward the 6. his rule of the Popish Earles of Northumberland Westmoreland and other Northern Papists in Queene Elizabeths dayes by force of Armes to compelâ— these severall Princes to summon Parliaments to repeale all Lawes against Mosse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demaunded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both houses representing the whole Kingdome and against the generall consent of the people But I shall conclude with one ancient president more in one of our beâ—â— Kings reignes In 25. E. 1. m Walsig Hist Angl. p. 36 37 38. 39 40. 41. 42 44. 48. Ypoaigmâ— Neustriae p. 83. 84. 85. 86. 97. Cookes Magna Charta p. 530. to 580. The Lords and Commons in Parliament grievously complained and Petitioned to the King against divers taxes tallages and prisâ—ges wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forrest the imposition upon Woolls and their sommons to goe with him into Flanders to which they were not bound by Law The King excusing these taxes by reason of his necessity to mainetaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barrons of the Eschequor not to levie the 8. penny of the people granted to the King at S. Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the King should confirme Magna Charta and Charta de Forresta with the other Articles to them annexed that he should enact and take no ayds tax or tallage from the Clergie or Commons without their common consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his * Articuli sâ—per Chartaâ— Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeate of all those who should transgresse this Charter of his For which the Laity gave him the 9 and the Clergie the 10. penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his Reigne after some delayes he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-sommoning them at quinidena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to 3. Bishops 3 Earles and 3. Barrons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope 〈…〉 ereupon the King holding a Parliament at Stamford the 29. of his Reigne the Lords and Barrons repaired thither with great store of horses and Armes with a purpose to extort aâ—ull execution of the Charter of the Forrest hither to deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixtly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull sommons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publicke affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great a Surius Concil Tom. 4. p. 103 c. Fox Act. and Monuments vol. 1. â—dit ult p. 879 c Councils of Basil Constans and divers Popish * John White his way c. Sect 37 n. 30. p. 102 Writers that a generall Councell once lawfully sommoned by â—he Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution thâ—se Counâ—ells continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them to keepe themselves in their chaires This is apparent
2. c. 16. f. 24. That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a king cannot doe any thing else in earth seeing be is Gods Minister and Vicar niâ—â—id solum quod de jure a Luk. 2. 22. 23. 24. â—otest but that onely which he can doe by Law That God the Law and his Court to wit the Earles â—nd Barons in Parliament are above the King and ought to bridle him and are thence called c Comites viâ— quia a Comitatu â—ive a societate nomen sumpserunt qui etiam dicâ— possunt Consules a consulendo Reges enim tales siâ—â— associant ad consulendum regendum populum Dei. ordinaâ—tes eos in magna potestate honore nomine c. Idem l. â— c. 8. f. 5. 6. Coâ—ites because they are the Kings Companions Fleta an Ancient Law-booke written in King Edward â—he third his raigne lib. 3. c. 3. and 17. useth the selfe same words that Bracton doth and concludes â—hat the King hath a Superior to wit God and the Law by which be is made a Kiâ—g and his Court of Earles â—nd Barons to wit the Parliament d De Laudibus Legum Argliae c. 9. to 15. Fortescue a great Lawyer Chauncellor to King Henry the 6. â—roves at large That the King is not above but under the Law that be cannot alter the Law of Ergland â—or â—ay any Taxes at all on his Subiects but by Parliament That all lawfull Kings and Kingdomes were at â—â—rst created and erected onely by the unanimous free assent of the people that the kingdome of England is a Poâ—cie or Aristocraticall mixt Government not an absolute royall Soveraignety That the e Hanc potestatem â popâ—lo effluxam ipse habet c. p. 25. King hath his â—â—yall power DERIVED TO HIM FROM THE PEOPLE whereby it is unlawfull for him to â—le his people by any other power which he prosecutes in sundry chapters too tedious to transcribe â—nd in one word f Chap. 8. vol. â— pag. 173. Raphael Holinshed Iohn Vowell and others in their Description of England â—rinted Cum Privilegio resolve thus of the Parliaments power This House hath the most high and â—bsolute power of the Realme for thereby kings and mighty Princes have from time to time beene â—eposed from their thrones and Lawes are enacted and abrogated Offenders of all sorts punished and corâ—pted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE â—EALME and the place where every particular man is intended to be present if not by himselfe yet by â—s Advocate and Attorney For this cause any thing that is there enacted is not to be withstood but obeyed â—â— all men without contradiction or grudge and to be short all that ever the people of Rome might doe eiâ—â—er Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their assemblies had power to enact binding Lawes to create and elect â—â—eir Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes â—â— Officers and to * See Bodine l. 2. c 5. l. â— c. 10 Eutropius and Grimston in the life of Nero Maximinius Heliogabalits and others Livy Rom. Hist l. 1. â—â— change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authors resolution the Parliament hath an absolute power to doe the like when â—hey see just cause Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. â—nd Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but â—â— in the last Edition hath the same words in effect with Holinshead and addes that the Parliament giâ—eth forme of Succession to the Crowne c. Our kings royall power being then originally derived to â—hem conferred on them by the peoples and kingdomes common consents in Parliament and all their â—ew additionall Prerogatives too as the premises evidence it cannot be denied but that the whole â—ingdome and Parliament are really in this sence above him and the most Soveraigne prime power â—â—om whence all other powers were and are derived See Fortescue c. 9. to 15. Fourthly This is undeniable because the whole kingdome in Parliament may not onely augâ—ent but likewise * abridge allay abolish and resume some branches of the Kings royall power and â—â—erogative if there be just cause as when it becomes onorous mischievous and dangerous to the Subâ—ects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or â—he Lawes this is most apparant by Magna Charta Charta de Forresta Statutum de Prerogativa Regis De Tallâ—gio non-concedendo 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. â— 10. E. 3. c. 2. 3 14. E 3. c. 1. 14. 18. E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36. E. 3 c. 10. â— 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. â— 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 â—he Petition of Right 3. Caroli most Statuts against Purveyens Pardons Protections the Acts made this Parliament against Ship-money Knight-hood Forrest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the Continuance of this Parliament whiles they please with g See the Arguments against Ship-money and Impositions and the Declarations against the Commission of Aray sunâ—ry other Acts which restraine abridge repeale and resume divers reall and pretended branches of the â—ings royall Prerogative because they proved grievous and mischievous to the people and dangeous and pernicious to the kingdome This then answers that irrationall groundlesse position of Doctor Ferne That h Resolving of Conscience Sect 4. 5. the Subjects neither lawfully may nor ought in any case to resume al or any part of that Regall power wherewith they have once invested their Kings by common consent Which as it is contrary â—o that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That â—ll Governments created by mens consents may be altered diminished or repealed by their consents â—â— i See Ioshua Iudges Samuel Kings Chron. Daniel throughout â—saiah Ieremy Ezickiel in sundry chap. sundry Presidents and Prophesies in Scripture concerning the alterations the Subversions and Dimiâ—utions of kings and kingdomes to the constant practise of k See Sleidan de 4. or Imperiis Mat. West Livy Iustin Opmerus Purchas Chronicon â—hronicorum and all generall Histories all Realmes and States whatsoever from â—dam till this instant who have undergone many strange alteratians eclipses diminutions yea Peâ—â—ods of Government to the Resolution of l Polit. l.
basenesse for so many and great Peeres to be subject to a woman and that they were freeâ— of their oath by her marying out of the Realme without their consents and Stephen Earle of Mortainâ— who had no good Title assembling the Bishops and Peeres at London promising to them an amendment of the Lawes according to all their pleasures and liking was by them all proclamed kingâ— whereupon they all toâ—ke their oathes of Allegiance to him conditionally to obey him as their king so long as he should pâ—esâ—rve the Churches Liberties and keepe all Covenants and confirme them with his Charter according to the old proverbe Quamdiâ— habebis me pro Senatore â—go te pro Imperatore All this the king at his Coronation swore and promised to God the people and Church to performeâ— And presently after going to Oxford he in pursuance of his oath there sealed his fore promised Charter of many indulgâ—uâ— favouâ—s the summe whereof was this That all Liberties Customes and Possessions granted to the Church should be firme and in force that all bad usages in the lanâ— touching Forrests exactions and annuall Taxes which his Ancestors usually received should beâ— eâ—â—rnally abolished the ancient Lawes restored prefacing therein d Assensa Cleri Populi in Reg â—e Angliaeelectus Mâ—lm p. 179. That he obtained the Crownâ— by election onely Haec â—â—tem specialâ—ter aliâ—â—ulta generaliter se servaturâ—m juravit sed nihil â—onum quae Deo promiserâ—t observavit writes Mathew Paris Hovenden and Huntingdon Pene omniâ— perperam mutavit quisi ad hoc tanâ—um jurâ—ssâ—â— â—t praevaricatorem Sacramenti se regno toti ostenderet saith Maâ—mesâ—ury * See Speed p. 483. 484. granting those inâ—â—â—â—â—ties rather to blind their eyes than with any purpose to manâ—cle his oâ—ne hands with such paâ—chment chaines Such faith is to be given to the soâ—emnest Oathes of kings But this his perjâ—ry was like to cost him his Crowne his Prelates and Peeres thereupon revolting unto Maude The forme of King Henry the second his Oath I finde not onely I read e Hoveden p. 491. Graft p. 50. that upon his â—oronarion he caused the Lawes tâ— be reformed by advise of discâ—eet men learned in the Law and by his Proclamation commanded that the good Lawes of his grand father Henry should be observed and firmely kept throughout the Realme Whe â—â—ore it is probable he tooke the same oath that he did f Mat. Par. p 147. Hoved. p. 657 Waâ—siâ— â—podigma Neustr An. 1189. p. 45. 46. Speed â— â—â—â— Richard the first succeeding at his Coronation in Westminster Church comming to the High Altar before the Clergie and people tooke this solemne oath upon the Holy Evangelists and many Saints reliques 1. That all the dayâ—s of his liâ—e he would beare peace honour and reverence to God and hâ—ly Church and the ordinances thereof Secondly that to the people committed to his charge he would exercise Right Justice and Eâ—uitiâ— Thirdly that he would abolish naughty Lawes and Customes if any were brought upon his kingdome and would enact good Lawes and the same in good sort keepe and without Mal-engyâ— Which oath most solemnely taken Baldwin Archbishop of Canterbury standing at the Altar forbad him in the name of Almighty God to assume that â—â—nâ—â—r VNLESSE HE HAD â— FVLL PVRPOSE TO KEEPE WHAT HE HAD SWORNE Whereunto Richard ASSENTING and promisiâ—g by Gods helpe to performe all the premises WITHâ—VT FRAVD With his owne hand humbly taking â—he Imperiall Crowne from the Altar delivered it to the Archbishop who set it on his head g Hoveden p. 793. Mat. Par. p. 189. 190. Speed p. 548. 549 550. See Polydore Virgil Holins King Richard deceasing John his younger Brother to put by Arthur the next heire to the Crowne came â—eedily out of Normandy into England where the great assembly at Northampâ—on to preserve their â—ights and Liberties were content to accept of him for their king and yeeld fealty to him to keepe â—ith and Peace to King John upon condition onely if he would restore to every of them their Rights which â—fterwards was the occasion of great dissentions And-comming to London to be crowned Hubert â—rchbishop of Canterbury the Pillar of the Common-wealths stabilitie â—nd incomparable for deepe â—aching wisedome steps forth in the midst of all the Bishops Lords Barons and others there asâ—mbled at his Coronation and spake thus unto them Heare you all you are in discretion to know â—at no man hath right or any other fore-title to succeede another in a kingdome * A strange Archiepiscopall Doctrin unlesse first with invoâ—tion for grace and guidance of Gods Spirit he bâ— BY THE BODY OF THE KINGDOME THEREVNTO CHOSEN and â—e indeede some choyce man and picked out for some â—menencie of â—is vertues according to the example and similitude of Saul the first annointed Kiâ—g whom God set over â—is people though neither the Sonne of a King nor of any royall discent So after him likewise David â—e son of Iâ—sse the one for beiâ—g valorous and a person fitting Royall dignity the other for being holy and â—â—ble minded To shew that whosoever in a kingdome excelleth all in valour and vertue ought to surâ—ount all in Rule and Authority yet so as that if any of the Of spring of a deceased King surpâ—sseth oâ—ers it is fit joyntly to consent in election of such a one This therefore we have spoken in favour of eminent â—arle John who is present the brother of our most illustrious King Richard â—ow deceâ—sed wanting â—â— heire of his body who being provident valiant and truely noble we haviâ—g invocated the grace of the â—oly Spirit have all unanimoâ—sly ELECTED as well in regard of his Merits as of his royal Blood Neither durst any doubt or demurre on these things knowing that the Archbishop had not thus deâ—ned without cause Wherefore Earle John and all men approving this speech they ELECTED â—nd ASSVMFD the Earle for their king and cryed out saying Let the King live But the Archâ—ishop being afterwards demaunded why he had spoken these things answered that he was assured â—â— some divining foresight that king John would worke the ruine of the kingdome corrupt the Crowne â—nd precipitate it into great confusion And that he might not have the reines free to doe this he OVGHT TO BE CHOSEN BY ELECTION NOâ— BY SUCCESSION King John at this â—is Coronation was involved in a threefold Oath namely That he should love holy Church and its Miâ—isters and preserve it harmelesse from the inâ—ursion of Malignants That abolishing perverse Lawes be â—ould substitute good ones and exercise Right Iudgement in the Kingdome of England After which he â—as adjured by the Archbishop in the behalfe of God and strictly prohibited not to presume to accept this â—onour unlesse he fully purposed in his minde actually to fulfill what he had sworne To which he answeâ—ng promised that by Gods assistance he would bona â—ide keepe those things which he
The Treachery and Disloyalty of Papists to their Soveraignes both in Doctrine and Practise WHen I seriously consider the memorable Preamble of 3 Jac. ch 4. That it is found by daily experience that many of his Majesties Subjects who adhere in their hearts to the Popish Religion by the infection drawne from thence and by the wicked and divellish counsell of Jesuites Seminaries and other persons dangerous to the Church and State are so farre perverted in the point of their loyalties and due obedience unto the Kings Majesty and the Crowne of England as they are ready to entertaine and execute any Treasonable Conspiracies and Practises as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder the King Queene Prince â—ords and Commons in the House of Parliament assembled tending to the utter subversion of the whole State lately â—dertaken by the instigation of Jesuites and Seminaries and in advancement of their Religion by their Schollars â—ught and instructed by them for that purpose With the Statutes of 35. Eliz. ch 2. and 3 Jacobi ch 5. which â—â—act That all Popish Recusants shall be restrained to some certaine places of abode and confined to their private â—uses in the Country and not at any time after to passe or remove above five miles from thence under paine of forfeiting â—â— their Lands Goods and Chattels during life That none of them shall remaine within ten miles of the City of â—ondon nor come into the Court or house where his Majesty or Heire apparent to thâ— Crowne of England shall be nor â—ave in their owne houses or in the hands or possession of any other at their disposition any Armour Gunpowder or Muâ—tion of what kind soever And all this for the better discovering and avoiding of such Trayterous and most danâ—rous Conspiracies Treasoâ—â— Practises and attempts as are daily devised and practised against our most gracious â—overaignes Person and â—â—â— Commonweale by rebellious and trayterous Papists And when I read in * Dated January 10. 1606. and Februa 22. 1603. two of King â—â—mes his Proclamations That those adhering to the profession of the Church of Rome are blindly led together â—ith the superstition of their Religion both unto some points of Doctrine which * Note this cannot consist with the loyalty of Subâ—cts towards their Prince and oft times unto direct actions of conspiracies and conjurations against the State wherin â—â—ey live as hath most notoriously appeared by the late most horrible and almost incredible conjuration grounded upâ— points of Doctrine in that Church held and maintained and contrived and practised with the privity and warrant of â—any of the principall Priests of that profession to blow up our children and all the three Estates in Parliament assemâ—ed And when we consider the course and claime of the Sea of Rome we have no reason to imagine that Princes of â—r Religion and profession can expect any assurance long to continue unlesse it might be assented by the meditation of other â—rinces Christian that some good course might be taken by a generall Councell free and lawfully called to plucke up â—ose rootes of dangers and jealousies which arise for cause of Religion as well betweene Princes and Princes as beâ—eene them and their Subjects and to make it manifest that no State or Potentate either doth or can challenge powâ— to dispose of earthly Kingdomes or Monarchies or to dispense with Subjects obedience to their naturall Soveraignes Which was never yet attempted much lesse effected And in the Booke of Thankesgiving appointed for the â—â—h of November set forth by King James and the Parliaments speciall direction this observable Prayer â—omewhat altered by the now a Who confesseth Justifieth it in his Speech in Star-chamber June 14. 1637. Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the â—pists To that end strengthen the hand of our gracious King the Nobles and Magistrates of the Land with Judgeâ—ent and Justice to cut off these workers of iniquity the Papists whose Râ—ligion is rebellion whose faith is factiâ— whose practise is murthering of Soules and Bodies and to roote them out of he confines of this Kingdome I canâ—ot but star damazed yea utterly confounded in my selfe at the Impudency and Treachery ofthose pernicious â—ounsellors who in affront of all these Lawes and premises have issued out sundry b See the Parliaments late Declaration Commissions under â—s Majesties hand and seale to divers notorious Papists not onely to furnish themselves with all sorts of â—mes and Munition but likewise to meet together armed and raise Forces in the Field to fight against the â—rliament Kingdome and Protestant Religion even contrary to divers his Majesties late Printed Declaraâ—ns and Protestations to all his loving Subjects advanced them to places of great trust and command in his â—ajesties severall Armies and procured them free accesse unto if not places of trust about his sacred person â— if they were his loyallest Subjects his surest guard as many now boldly stile them and more to be confiâ—ed in then his best and greatest Councell the Parliament whom they most execrably revile as Rebels â—â—d Traytors the more colourably to raise an Army of Papists to cut their throats and the throat of our Proâ—stant Religion first as they have already done in Ireland and then last of all his Majesties in case he refuse to become the Popes sworne vassall or alter his Religion which he hath ost protested and we beleeve he will never doe But I desire these ill Counsellours of the worst Edition to informe his Majesty or any rationall creature how it is either probable or possible that an Army of Papists should secure his Majesties person Crowne Dignity or protect the Protestant Religion the Parliament or its priviledges to all which they have shewed themselves most prosessed enemies We all know that Popish Recusants c See King James his Apology against Bellarmin Laurentius Byerlincke Opus Chronogr p. 319. Deus et Rex The Lord William Howards Sonnes late Booke in Defence of Papists taking the Oath of Allegiance obstinately refuse to take the Oath of Supremacy or Allegiance some of them that tooke it having beene excommunicated by their Priests for a reward Theâ— summe of which Oath is * 3 Jac. c. 4. That they doe truely and sincerely acknowledge and professe That the Pope hath â—â— authority to depose the King or to dispose of any his Kingdomes or to authorize any foraine Prince to invade his Countries or to discharge any his Subjects from their Allegiance to his Majesty or to license any of them to beare armes oâ— raise tumults against him or to offer any violence or hurt to his royall Person Government Subjects That notwithstanding any Declaration Excommunication or deprivation made or granted by the Pope or any Authority derived from him against the King his Heires and Successors or any absolution from their obedience they will beareâ— faith
Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like â—o receive from this Popish Army the late Gunpouder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safetiè the Kingdome may expect in Church or State whiles Popery and Papists have any armed power or being among us f In his Sermon there Mar. 24. 1615. p. 43 44. Doctor John White hath long since proclaymed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it bath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the great his time but the Pope and his ministers have had a hand in it All that these ill advisers to colour their close g See Plaine English designe of reestablishing Popery principally intended can alledge Obj. Crimination 1. for arming Papists against Law is That the Parliament hath traytorously invaded the Kings Prerogatives in a high degree claymed a power and jurisdiction above his Majesty in sundry particulars and â—surped â—o its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolencies and reduce the Parliament to its due limits his Majestie is now necessited to raise an Army and pray in avde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall in this service To answer which pretence more fully though it be for the maine of it most palpably false yet by way of admission onely I shall suppose it true and with all possible brevitie manifest That Parliaments Prelates Peeres and Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of â—ll others have least cause to taxe the Parliaments proceedings and those ill Counsellors small reason to imâ—loy Answ or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its h The observations A suller answer to Doctor Ferne with others Advocates with its approbation affirme that â—e Parliament being the representative body of the whole Kingdome is in some respects of greater power and authoritie â—hen the King who though he be singulis major yet he is universis minor which is contrary to the oath of supremacy wherein every Subject * 1 Eliz. ch 2. doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SVPREAME GOVERNOVR of this Realme c. as well in all spirituall or Ecclesiasticall causes as Temporall â—nd a kind of unkinging his Majestie no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broaâ—hers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his â—eigne lib. 2. cap. 16. f. 34. a. resolves thus i Rex habet superiorem Deum c. Item legem per quam factus est Rex-Item Curiam sâ—â—â— viz. Comites et Barones quia Comites dicuntur quasi socis Regis qui habet socium habet mâ—â—istrum Et ideo si Rex fuerit sine franâ— i fine lege DEBENTEI FRAENVM IMTONERE c. But the King hath a SVPERIOVR to wil God Also the Law by â—hich he is made a King likewise his Court namely the Earles and Barons because they are called Comites as being â—e Kings fellowes or companions and he who hath a fellow or associate hath a Master and therefore if the King shall â—e without a bridle that is without Law they OVGHT to impose a bridle on him unlesse they themselves with the King â—all be without bridle and then the Subjects shall ery out and say O Lord Jesus Christ doe thou bind their jawes with it and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are â—bove the King and ought to bridle him when he exorbitates from the Law which he also seconds in some sort â—b 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes and after times that in the great Councell of Basil Anno 143â— when this mighty question was debated whether a Pope were above a generall Councell or a Councell above him such a Councell was at last resolved to be above the Pope upon this reason among others k Fox Acts Monume Edit 1641. Vol. 2 p. 879 880. Aeneas Sylvius de gestis concilii Basiliensis Surius concil Tom. 4. The Pope is in the Church as a King is in his Kingdome and for a King to be of more authority then his Kingdome it were too absurd Ergo Neither ought the Pope to be above the Church In every well ordered Kingdome it ought specially to be desired that the whole Realme should be of more authority then the King which if it happened contrary were not to be called a Kingdome but a Tyranny And like as oftentimes Kings which doe wickedly governe the Common-wealth and expresse cruelty are deprived of â—heir Kingdomes even so it is not to bee doubted but that the Bishop of Rome may be deposed by the Church that is to say by the generall Councell At the beginning as * Lib. 2. Cicero in his Offices saith it is certaine there was a time when as the people lived without Kings But afterwards when Lands and possessions began to be divided according to the Custome of every Nation then were Kings ordained for no other causes but onely to execute justice for when at the beginning the common people were oppressed by rich and mighty men they ran by and by to some good and vertuous man which should defend the poore from injury and ordaine Lawes whereby the rich and poore might dwell together But when as yet under the rule of Kings the poore were oftentimeâ— oppressed Lawes were ordained and instituted the which should judge neither for hatred nor favour and give like eare unto the poore as rich whereby wee understand and know not onely the people but also the King to be subject to the Law For if wee doe see a King to contemne and dispise the Lawes violently rob and spoyle his Subjects dâ—flower Virgins dishonest Matrons and doe all things licentiously and temerariously doe not the Nobles of the Kingdome Assemble together deposing him from his Kingdome set up another in his place which shall sweare to rule and governe uprightly and be obedient unto the Lawes Verily as reason doth perswade even so
doth the use thereof also teach us It seemeth also agreeable unto reason that the same should be done in the Church that is in the Councell which is done in any Kingdome And so is this sufficiently apparent that the Pope is subject unto the Councell Thus the Bishop of Burgen Ambassadour of Spaine the Abbot of Scotland and Thomas de Corcellis a famous Divine reasoned in this Councell which voted with them Here we have a full resolution of this great Councell which the Papists call a generall one being l Surius Concil tom 4. p. 1. c. And Aeneas Sylvius hist concil Basilliensis approved by the Greeke and Romane Emperours and most Christian Kings and States and ours among others That the Kingdome in Parliament Assembled is above the King as 〈…〉 Generall Councell is paramount the Pope which they manifest by five reasons First because Kings were first created and instituted by their Kingdomes and people not their Kingdomes and people by them Secondly Because they were ordained onely for their Kingdomes and peoples service and welfare not their kingdomes and people for them Thirdly Because their Kingdomes and people as they at first created so they still limit and confine their royall Jurisdiction by Lawes to which they are and ought to be subject Fourthly Because they oblige them by a solemne Oath to rule according and to be obedient unto the Lawes Fifthly Because they have power to depose them in case they contemne the Lawes and violently rob and spoyle their Subjects This then being the Doctrine of Papists concerning the Power and Superiority of Parliaments Peeres and Kingdomes over their Kings they have least ground of all others to taxe this Parliament or its Advocates as guilty of Treason and usurpation upon the Crowne for a more moderate claime then this amounts to Secondly I answer that Popish Parliaments Peeres and Prelates have heretofore challenged and exercised a greater Jurisdiction over their Kings then this Parliament or any other since the embracing of the Protestant Religion ever claimed and doe in a great measure disclaime For first of all they have challenged and executed a just and legall power as they deemed it to depose their Kings for not governing according to Law for following and protecting evill Counsellours and Officers oppressing their Subjects and making warre against them This is evident not onely by the forementioned passages of the Councell of Basil with infinite presidents in foraine Empires and Kingdomes which I pretermit bâ—â— by sundry domesticke examples of which I shall give you a short touch m Speeds Hist p 207. 266 267. Matth. West An. 445. 454 c. See Holinshed Grafton others Anno Dom. 454. King Vortigern when he had reigned for yeares space for his negligence and evill Government for which Vodine Arch-bishop of London told him he had endangered both his Soule and Crowne was deposed from his Crowne by his Subjects the Britaines generall consent imprisoned and his Son Vortimer chosen and Crowned King in his stead After whose untimely death being poysoned by Roweâ—a Vortigern was againe restored by them to the Crowne and at last for his notorious sinnes by the just revenging hand of God consumed to ashes by fire kindled by Aurelius and Vâ—er as heavens ministers to execute its wrath Sigâ—bert n Speeds Hist p. 229. Matth. West an 756. Holinsh Graft in his life King of the West-Saxons setting aside all Lawes and rules of true piety wallowing in all se 〈…〉 suall pleasures and using exactions and cruelties upon his Subjects and â—laying the Earle Cumbra his mo 〈…〉 faithfull Counsellour for admonishing him lovingly of his vicious life the Peeres and Commons thereupon seeing their State and lives in danger and their Laws thus violated assembled all together and provida omniu 〈…〉 deliberatione rose up in Armes against him deposed and would acknowledge him no longer their Soveraigne whereupon flying into the Woods as his onely safeguard and there wandring in the day like a forloâ—â—e person and lodging in dens and caves by night he was slaine by Cumbra his Swin-herd in revenge of his Masters death and Kenwolfe made King in his stead Anno Dom. 756. o Speeds Hist p. 245. 246. Matth. West an 792 See Holinsh Grafâ—on and others Osred King of Northumberland for his i 〈…〉 government was expelled by his Subjects and deprived of all Kingly Authority Anno 789. So Ethelred th 〈…〉 Sonneof Mâ—llo his next successor being revoked from exile and restored to the Crowne of which he was * Matth. West m. An. 758. p. 275. formerly deprived thereupon murthering divers of his Nobles and Subjects to secure his Crowne so far offended his Subjects thereby that Anno 794 they rose up in armes against him and slew him at Cobâ—e Thus Anno 758. the people of the kingdome of Mercia rising up against Beornerd their King because be governed the â—eople not by just lawes but tyranny assembled all together as well Nobles as ignoble and Offa a most valiant â—oung man being their Captaine they expelled him from the Kingdome which done unanimo omnium consensu by the unanimous consent of all as well Clergy as People they crowned Offa King n Matth. West An. 821. Speeds Hist p 255. And Ceolwulfe King of Mercia Anno 820 after one yeares reigne was for his misgovernment expulsed by his people abandoâ—ing his Crowne and country for the saâ—ery of his life Not to mention any more such presidents before the Conquest We finde the o Matth. Paris hist Angl. p. 264 to 280. Speede p. 585 c. Hollinshead Grafton Stow Daniel Walsingham Popish Barons Prelates and Commons disavowing King John whom they had formerly elected King for making warre upon them and â—asting burning and spoyling the kingdom like an enemie electing Lewis of France for their King to whom â—hey did homage and fealty There are none so ignorant but know that the Popish Prelates Lords and Commons in Parliament p Walsingham Hist Angl. p. 398 c. Fabiun part 7. p. 345. Polychron l. ult c. 9. Hollinshead Grafton Speed p. 758. to 766. An 1327 deposed King Edward the second their naturall King for his misgovernement 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 disclayming all homage and fealtie would elect some other for King not of his r blood whom themselves should thinke most fit and able to defend the kingdome After which they elected and crowned his sonne Edward the third for their King That An 1399 q Walsing Hol. Fab. Sp. p. 680. to 697. King Richard the second for sundry misdemeanours objected against him â—n 32. Articles in Parliament and breach of his Coronation oath was judicially deposed by a Popish Parliament by 〈…〉 definitive sentence of deposition given against him which you may read at large in our
but beauty also and ornamenâ— writes John Speed After all this i Walfing Hist Ang. p. 349. to 400 â—podigm Newstriae p. 144. to 158 Speed Hist p. 747. to 762. Holin Graft Stâ—w Fabian Caxton and others King Richard the second in the ninth yeare of his reigne summoned a Parliament whereâ—â— Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by thâ— Parliament and the Seale taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for thâ— defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill counsellors to the Court shewing them greater favour then before In so much that at Christmas the King madâ— de la Pole sit at his owne table not in the usuall garment oâ— a Peere but of a Prince out of a stomacke and hatred againâ—â— the Peeres whom from thenceforth he never regarded but feinedly and then fals to plot the death of the Duke of Glâ—cester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Noâ—â—ing haâ—â— Castle with a few persons generally ill-beloved ill-advised and ill-provided The course agreed upon by thâ— King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speâ—â— seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumâ—â— the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters thâ—â— under a shew of justice they should be proceeded against accordingly The Lawyers who were the very meâ—â— which in the last Parliament gave advice to the Lords to doe as they did now meering were demanded Whether by the Law of the Land the King might not disaâ—ull the Decrees of the last Parliament They joyntly answeâ—ed he might because he was above the Lawes a most apparent errour confessing that themselves had in thâ— Parliament decreed many things and given their judgement that all was according to Law which they acknowledgâ— to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withaâ—â— sends for the Sheriffs of Shires to raise Forces against the Lords who denyed saying that they could not raisâ— any competent Forces or Armes against them the whole Counties were so addicted to their favours and being furtheâ— willed to suffer no Knights to be chosen for their shieres but such as the King and his Counsell should name they aâ—swered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good president for our present Sheriffes whereupon they were dismissed Then were the Lawyeâ— and Judges Robert Tresilian and his companions called before the King to determine the judgements of Treason against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if neede weâ—â— against the Lords in the day of battle * Note this Many of which answered that they neither could nor would stand against thâ— Lords whom they knew for certaine intimately to love the King and to endeavour all things study all things doe aâ—â— things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kingâ—â—oâ—â—ce The Lords hearing of these proceedings were much sadded being conscious to themselves â—â— no 〈…〉 â—â—rthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop â—â— London to the King wâ—o inclining to credit the same was in an evill houre diverted by de la Pole â—he Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which â—ey severally gather forces that they might present their griefes to the King How he favoured Trayâ—rs not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speeâ—ly prevented The King on the other side by Trayterous CoÌ„unsellours advise sought how to take â—em off single before they were united but in vaine by reason their party was so great Meane time â—me peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thiâ—er approaching they are advertised by some who had sworne on the Kings behalfe for good deaâ—â—g to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which â—ithout the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre Knights were reported to have â—â—d for their destruction attended in ambush The King sweares his innocency promising safe conâ—â—ct to the Lords if they would come who thereupon came strongly guarded and would trust no longer â—he King sitting in royall State in Westminster Hall the Lords present themselves upon their knees before â—m and being required by the Lord Chancellour Why they were in warlike manner assembled at â—aring gye Park contrary to the Lawes their joynt answer was That they were assembled for the good of the â—ing and kingdome and to weed from about him such Traytors as be continually held with him The Traytors â—ey named to be Robert de Vere Duke of Ireland Alexander Nevill Archbishop of Yorke Michael de â— Pole Earle of Suffolke Sir Robert Tresilian that salse Justiciar Sir Nicholas Brambre that false Knight â— London with others To prove them such They threw downe their Gloves as gages of challenge for a triâ—l by the Sword The King hereupon replyed as knowing they were all hidden out of the way This â—all not be done so but at the next Parliament which shall be the morrow after Candlemas all parties shall â—ceive according as they deserve And now to you my Lords How or by what authority durst you presume to levy â—orces against me in this Land did you thinke to have terrified me by such your presumption Have not I men and â—mes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of â—u all no more then of the basest Scullions in my Kitchins Having used these and many like high words â—e tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The â—st of the conference was calme and the whole deferred till the next Parliament then shortly to be holâ—â—n at Westminster In the meane time that the world might see how little able the King was to equall â—s words with deeds a Proclamation was set forth in which the King before any tryall cleareth the â—ords of Treason names those persons for unjust accuâ—ers whom the Lords had before nominated The â—ords neverthelesse thought not good to sever themselves but kept together for feare of the worst which
â—ll out for their advantage For the Duke of Ireland with the Kings privity such was his false dissimâ—â—tion had gathered a power in Wales and Cheshire which they intercepting neare Burford and Bablecke â—ew Sir William Molineux leader of the Cheshire men and made the Duke to flye in great feare Aâ—ong the Dukes carriages was found as the devill or rather God would have it certaine Letters of the â—ings to the said Duke by which their Counsells were plainely discovered The Lords hereupon â—arch with speed up to London having an Army of forty thousand men the Lord Major and City doubtâ—ll whether to displease the King or Lords upon consultation receive the Lords into the City and supâ—y their Army with provisions in the Suburbs Which the King hearing of seemed to slight them sayâ—g * Note the perill and policy of protracting Let them lye here till they have spent all their goods and then they will returne poore and empty to their â—uses and then I shall speake with and judge them one after another The Lords hearing this were exceedâ—gly moved and swâ—re They would never remove theâ—e till they had spoken with him face to face And â—rthwith sent some to guard the Thames lest the King should slip out of their hands and then scoâ—â—e at â—em The King being then in the Tower and seeing himselfe every way encompassed sent a message â—â— the Lords that he would treat with them who thereupon desired him That he would come the neâ—â—â—y to Westminster where they would declare their desire to him The King replyed That he would not treat â—ith them at Westminster but in the Tower To which the Lords answered That it was a suspicious place â—â—cause traines might there be laid for them and dangers prepared to destroy them Whereupon the King â—nt word They shâ—uld send thither two hundred men or more to search and view all places lest any fraud should â—e hid Upon which the Lords repaired to the Tower and in the Kings Bed-chamber laid open to â—â—m briefly all his conspiracy in causing them indirectly to be indicted They object to him his mutability â—d underhand working producing his owne Letters to the Duke of Ireland to raise an Army to destroy them â—gether with the French packeâ—s they had intercepted whereby it appeared he had secretly practised to flye with â—e Duke of Ireland into France to deliver up Callice to the French Kings possession and such pieces as the â—rowne of England held in those parts whereby his honour might diminish his strength decay and his fame â—erish The King seeing this knew noâ— what to doe especially because he knew himselfe notably â—eâ—ressed At last craving leave they left him confounded and shedding teares yet upon condition that â—e should come to Westminster the next day where he should heare more and treaâ—â— of the necessary affaires of the Kingdome Which he promised to doe retaining the Earle of Darby to sup with him 〈…〉 before he went to bed O the ficklenesse of weake Princes and faithlessenesse of their royall words a 〈…〉 Protestations some whisperers telling him that it was not decent safe nor honorable for the King 〈…〉 goe thither he changed his resolution The Nobles hearing this were very sad and discontented a 〈…〉 thereupon sent him word That if he came not quickely according to appointment they would chuse them anoth 〈…〉 King who both would and should obey the Counsell of his Peeres The King strucke with this dart came t 〈…〉 next day to Westminster there attending his Nobles pleasures To whom after few discourses the Nobles said That for his honour and the benefit of his kingdome all T 〈…〉 tors whisperers flat terers evill instruments slanderours and unprositable persons should bee banished out of b 〈…〉 Court and company and others substsâ—uted in their places who both knew how and would serve him more honora 〈…〉 and faithfully Which when the King had granted though with sorrow they thought fit that Al 〈…〉 anâ—er Nevill Archbishop of Yorke John Fordham Bishop of Durham with sundry other Lords Knights a 〈…〉 Clergy men should be removed and kept in strait prison to answer such accusations as should bee object 〈…〉 against them the next Parlia Whereupon they were apprehended forthwith and removed from the Co 〈…〉 After the feast of Purification the Parliament much against the Kings will who would have shifted it 〈…〉 at that time began at London The first day of the Session Fulthorpe and all the rest of the Judges w 〈…〉 arrested as they sate in judgement on the Bench and most of them sent to the Tower for that having fi 〈…〉 overruled the Lords with their Counsels and direction which they assured them to be according to Law 〈…〉 afterward at Nottingham gave contrary judgement to what themselves had determined formerly Tresilian t 〈…〉 chiefe Justice prevented them by flight but being apprehended and brought backe to the Parliament 〈…〉 the forenoone had sentence to be drawne to Tiburne in the afternoone and there to have his Thro 〈…〉 cut which was done accordingly The King seeing these proceedings by advise of his ill Counsellors * Grafton p. 348 349. 150 151. absented himselfe from his Parliament and sent Michael de la Pole then Lord Chancellor to demand foure fifteenes in his name â—f the Commo 〈…〉 for that without lesse he could not maintaine his estate and outward warre To which the body of the Parliame 〈…〉 made answer that without the King were present they would make therein no answer and that unlesse the Ki 〈…〉 would remove him from his Chaneellorship they would no further meddle with any Act this Parliament Th 〈…〉 King upon this sent to the Commons that they should send to Eltham where he then lay 40. of the wis 〈…〉 and best learned of the Commons who in the name of the whole house should declare unto him their minde Up 〈…〉 which message the House were in more feare then before for there went a talke that the King intended 〈…〉 betray divers of them which followed not his minde either that way or at a banquet appointed to be made purposâ—ly aâ— London if Nicholas Exton the Maior of London would have consented thereunto at which time t 〈…〉 Duke of Glocester should have beene taken Wherefore the Lords and Commons assembled together agree 〈…〉 with one assent that the Duke of Glocester and Bishop of Ely should in the name of the whole Parliament be se 〈…〉 to the King to Eltham which was done and the King well pleased that they should come When they cam 〈…〉 into his presence they most humbly saluted him and said Most high and redoubted Soveraigne Lord the Lor 〈…〉 and Commons of this your Parliament assembled with most humble subjection unto your most royall Majesty desi 〈…〉 your most gratious favour so that they may live in tranquillitie and peace under you to the pleasure of God a 〈…〉 wealth of the Realme On whose behalfe
we also shew unto you that one old statute and laudable custome is approve 〈…〉 which no man can deny That the King our Soveraigne Lord may once in the yeare lawfully summon his high Cou 〈…〉 of Parliament and call the Lords and Commons thereunto as to that which is the highest Court of this Real 〈…〉 In which Court all equity and justice must shine even as the Sunne when it is at the highest whereof poore and ri 〈…〉 may take refreshing where also must be reformed all the oppressious wrongs exactions and enormities within t 〈…〉 Realme and there to consult with the wise men for the maintenance of the Kings estate And if 〈…〉 might bee knowne that any persons within the Realme or without intended the contrary there also m 〈…〉 bee devised how such evill weeds might be destroyed There also must be studied and foreseene that if a 〈…〉 charge doe come upon the King and his Realme how it may be well and honorably supported and sustained Hither 〈…〉 to it is thought by the whole Realme that your Subjects have lovingly demeaned themselves to you in ayding 〈…〉 with substance to the best of their powers and they desire to have knowledge how and by whom these goods be spe 〈…〉 One thing resteth yet to declare in their behalfe unto you * Notâ— The King should be present in Parliament once in 40. dayes how that by an old Ordinance they have an Act if t 〈…〉 King absent himselfe 40. dayes not being sicke but of his owne minde not heeding the charges of his people 〈…〉 their great paines will not resort to his Parliament they then may lawfully returne home to their houses And 〈…〉 sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discom 〈…〉 for t And our Parliaments present case To this the King answered by these words Well we doe con 〈…〉 der that the people and Commons goe to rise against us wherefore we thinke we can doe no better then to aske a 〈…〉 of our Cosin the French King and rather submit us to him then to our owne Subjects The Lords answered S 〈…〉 that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King 〈…〉 your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispo 〈…〉 you invade you and depose you from your estate royall then put any hand to helpe you c. And as th 〈…〉 King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconven 〈…〉 〈…〉 es be comne by the evill Counsell which are about you And if you put not your helping hand to the redresse â—he premises this Realme of England shall be brought to nought and utter ruine which clearely should be laid 〈…〉 our default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the 〈…〉 rld was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to 〈…〉 uester all such persons as might be the occasion of ruine either of you or else of your Realme By these good 〈…〉 swasions the King was appeased and promised within three dayes after to come to the Parliament and to 〈…〉 descend to their Petitions And according to his appointment he came Where soone after John Fordham 〈…〉 hop os Durham was discharged of the Treasurourship and the Bishop of Hereford ser in his place de la 〈…〉 le was put from his Chancellourship for divers crimes frauds briberies and treasons by him com 〈…〉 tted to the prejudice of the King and his Realme committed to the Tower and fined 20. thousand 〈…〉 rkes to the King in releeving of the Commons Divers other Judges Knights and Delinquents of all 〈…〉 t s were condemned and executed others banished and their states confiscated others put out of office 〈…〉 this Parliament as you may reade in our Histories and in the k 10. R. c l 11. R. 2. c. l 29 3 4 5 6. 2 R. 2. c. 2. 3. 12. Statutes at large in which Statutes the 〈…〉 schievous effects of these evill Counsellors to King Kingdome and people are at full related whereby 〈…〉 e King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords â—ayâ—g of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of 〈…〉 y pardon l See the Records of this Parliament published by order of both Houses Aug. 27. 1642. and their raysing of Armes against the Parliament and kingdome though with the Kings 〈…〉 ne consent and his command declared and enacted to bee high Treason These proceedings ratified 〈…〉 d assented to in Parliament by the King much against his will wrought an intolerable secret 〈…〉 tred and desire of revenge in his heart against the Lords which for want of power he concealed neare 〈…〉 yeares space but in the 20. yeare of his raigne being somewhat elevated in his spirit with a rumour 〈…〉 at he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke 〈…〉 d Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the 〈…〉 ples eyes lest they should riseup in Armes to rescue these Lords the King sent out a feigned Proclamation which he caused to be proclaymed throughout the Realme that these Lords were apprehended onely for 〈…〉 w Treasons committed against him for which he would he prosecute them in the next Parliament and not for the 〈…〉 trepasses After which he proclaimes those Lords Traytors Which done he summoned a m Grafion p. 329. c. Mr. Saint-Johns Speech 1640. p. 33. 1. H 4. No. 21. 21. 48. Parliament at Westminster to this Parliament the King commanded to 〈…〉 me all such as he had best confidence in omitting the rest and the Knights were not elected by the Commons 〈…〉 custome required they should be but by the Kings pleasure yea he put out divers persons elected and put in other 〈…〉 their places to serve his turne which was one Article objected against him when he was deposed Against 〈…〉 e time of this Parliament the King received a guard of 4000. Archers all Cheshire men as if he would 〈…〉 ve gone in battle against enemies so that divers came armed to the Parliament out of feare These 〈…〉 eshiere men were rude and beastly people and so proud of the Kings favour n As the Cavaliers do now that they accounted the 〈…〉 ng to be their fellow and set the Lords at nought though few of them were gentlemen but taken from the 〈…〉 ough and other trades After these â—usticall people had a while courted they grew so bold that they 〈…〉 uld not let neither within the Court nor without to beat and slay the Kings
good Subjects as the Cavaliers doe 〈…〉 w and to take from them their victuals at their pleasure paying little or nothing for them and to ravish their 〈…〉 ves and daughters And if any man persumed to complaine to the King of them he was soone rid out of 〈…〉 way no man knew why nor by whom so that in effect they did what they listed In this Parliament 〈…〉 King having made the Speaker and a great part of mercinary proud ambitious men of the Commons 〈…〉 use to be of his side to act what he required them he then prevayled likewise with the upper house 〈…〉 with the Prelates then with the Lords more out of feare of him then any reason by meanes where 〈…〉 the Commission Charters of pardon and Acts made in Parliament in the 10. and 11. yeare of his raigne 〈…〉 re quite revoked and declared voyd in Law as being done without authoritie and against the will and 〈…〉 ertie of the King and of his Crowne And withall they declared the Judges opinions for which they were 〈…〉 demned in that Parliament to be good and lawfull and attainted the said imprisoned Lords of high 〈…〉 eason and confiscated their lands The two Earles hereupon were beheaded and the Duke by reason 〈…〉 is pâ—pulatâ—tie smothered onely for their former actions which done the King adjourned the Par 〈…〉 ent to Shrewâ—bury where he subrilly procured an o 21. R. c. 12. Act to passe by common consent that tâ—e power 〈…〉 he Parliament should remaine in seven or eight persons who after the Parliament dissolved should deter 〈…〉 e certaine petitions delivered that Parliament and not dispatched By colour whereof Those Commit 〈…〉 proceeded to other things generally touching the Parliament and that by the Kings app 〈…〉 ment in derogatien p 21. R. 2. c. 16. Walsing Hist Aug. Annâ— 1398. p 394 〈…〉 he state of the Parliament the disâ—ommodity and pernicious example of the whole Realme And by colour 〈…〉 Authority hereof the King caused the Parliament Rols to be altered and defaced against the effect of the 〈…〉 said grant After which he much vexed and oppressed his people with divers forced Loanes Oathes 〈…〉 positions and oppressing Projects to raise money seeking to trample them under his feet and 〈…〉 roy the Realme and tooke all the Jewels of the Crowne with him into Ireland without the Kingdomes 〈…〉 sent Which rendered him so odious to his people that Henry Duke of Lancaster landing in England the whole kingdome came flocking to his ayde so that he had an Army of 60000. men in a short time who v 〈…〉 ed to prosecute the Kings ill Counsellours Whereupon King Richard returning out of Ireland hearing 〈…〉 the Dukes great Army assembled against him and knowing that they would rather dye then yeeld 〈…〉 of their hatred and seare of him he dismissed his Courtiers hiding obscurely in corners till he was a 〈…〉 prehended and by a Parliament summoned in his name though against his will judicially deposed 〈…〉 his misgovernment Among which Articles of his misgovernment for which he was judicially dethroned these are rema 〈…〉 able First * Graft p. 400 401 402 c. That he wasâ—fully spent the Treasure of the Realme and had given the possessioâ—s of the Crow 〈…〉 to men unworthy by reason whereof daily new charges more and more were laid on the neckes of the poore C 〈…〉 monalty And when divers Lords were appointed by the High Court of Parliament to commune and t 〈…〉 of divers matters concerning the Common-wealth of the same which being busie about those Commissions he 〈…〉 other of his affinity went about to impeach them of high Treason and by force and threatning compelled 〈…〉 Justices of the Realme at Shrewesbury to condescend to his opinion for the destruction of the said Lords 〈…〉 somuch that he began to raise warre against John Duke of Lancaster Thomas Earle of Arundell Rich 〈…〉 Earle of Warwicke and other Lords contrary to his honour and promise Item He assembled certaine Lancashire and Cheshire men to the intent to make warre on the fores 〈…〉 Lords and suffered them to rob and pillage without correction or reproofe Item Although the King flatteringly and with great dissimulation made Proclamation throughout 〈…〉 Realme that the Lords before named were not attached for any crime of Treason but onely for extortions 〈…〉 oppressions done in the Realme yet be laid to them in the Parliament rebellion and manifest Treason Item He hath compelled divers of the said Lords servants and friends by menace and extreame paines 〈…〉 make great sines to their utter undoing And notwithstanding his pardon to them granted yet he made the fine of new Item That he put out divers * Note Sheriffes lawfully elected and put in their roomes divers of his owne Mi 〈…〉 on s subverting the Law contrary to his Oath and Honour Item For to serve his purpose he would suffer the Sheriffes of the Shire to remaine above one yeare or two Item He borrowed great summes of money and bound him under his Letters Patents for repayment of the sa 〈…〉 and yet not one penny paid Item He taxed men at the will of him and his unhappy Councell and the same Treasure spent in folly not pay 〈…〉 poore men for their victuall and viand Item He said That the Lawes of the Realme were in his head and sometime in his brest by reason of wh 〈…〉 phantasticall opinion he destroyed Noble men and impoverished the Commons Item The Parliament setling and enacting divers notable Statutes for the profit and advancement of the Co 〈…〉 monwealth he by his private friends and solicitors caused to be enacted * Such a kinde of proviso was endevoured to beadded to the Petition of Right 3 Caroli That no Act then enacted should 〈…〉 more prejudiciall to him then it was to any of his Predecessors though with proviso he did often as he listed 〈…〉 not as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Jew 〈…〉 without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carryed the Jewels Plate and Treasure of the kingdome o 〈…〉 the Sea in to Ireland to the great impoverishing of the Realme And all the good Records for the Comm 〈…〉 wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Justices were sworne to say the truth of divers things to them committed in cha 〈…〉 both for the honour of the Realme and profit of the King the said King so menaced them with sore threatning 〈…〉 that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Prin 〈…〉 hands and at his disposing Item He crafâ—ily devised certaine privy Oathes contrary to the Law and caused divers of his
houses license under paine a Major Pars est totum Brookes Corporations 34. Smiths Common-wealth of England l. 2. c. 3. â—f inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3. E. 3. 19. Fitz. â—orone 161. and Stamford l. 3 c. 1. f. 153 compleatly answers that fond cavill of the Malignants â—nd Royalists against this Parliament that the king and many of the other members have wilfully â—bsented themselves from the House of purpose to dissolve it if they could notwithstanding the late â—peciall Act made by their joyntconsents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and â—ogicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve â—oth Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these abâ—ent members be the greater number why doe they not come and over-vote the rest in the House in peaceable legall usuall Parliamentary way rather then challenge them into the field in a military â—legall unusuall bloody manner unheard of in former ages If the lesser party then present or abâ—ent the Major part must over-rule them volensnolens as it hath ever used unlesse they will be wilâ—â—ller I cannot say wiser then all their predecessors put together As for his Majesties absence from Parliament by the pernicious advise of Evill Counsellors so Object â—uch insisted on by Malignants I answer 1. That it was without any just cause given by the Parliament Secondly It was much Answ â—gainst their wills who have a See their Messages and petitions to the king to this purpose oft importuned petitioned and used all possible meanes to procure â—is returne 3. His absence was procured and is yet continued by those alone who most unjustly â—axe the Parliament for it and would take advantage of this their owne wrong Fourthly though â—e be personally absent as a man yet he is still Legally present in Parliament called the kings preâ—ence as he is a king as he is in al other his Courts of Iustice where all proceedings are entred b See Camdens Brit. p. 163. which stiles the Parliament the kings presence The Register of Writs Old New Natura Brevium old and new book of Entries Cookes Institures on Littleton f. 71. 6 Coâ—am Rege though the king never yet sate personally in either of them as he hath oft times done in his Parliament for the continuance whereof he hath passed such an Act as will inseperably tye his â—oyall presence to it though his Cavaliers about him should by force withdraw his person from it â—ot onely as farre as Yorke but the remotest Indies yea he must first cease to be king of England ere â—e can be legally absent from his Parliament of England This his wilfull personall absence from â—is greatest Counsell which desires and needes it is as many conceive an Act of the highest in justice â—hat ever any Prince could offer to his Parliament worse then a â— King 12. 2 Chron. 18. Rehâ—boams forsaking the counsell â—f his ancient Sages to follow the hare braind advise of his young Cavaleers for though he followâ—d not their ancient prudent counsell yet he withdrew not himselfe from them as his Majestie â—oth now sever himselfe from his Parliament not onely without but against all prefidents of his â—oyall predecessors except king b Richard the second who once absented himselfe from his Parliaâ—ent above 40. dayes yet then returned to it upon better advise and the very common custome and â—aw of the Land which he is obliged by his Coronation oath and many late protestations added â—o it constantly to maintaine This appeares most clearely by the ancient Treatise of the manâ—er of holding of Parliaments in England both before and since the conquest * See Minshes Dictionary Title Parliament f. 526. tendeâ—ed to and apâ—roved by the Conquerone himselfe newly printed 1641 which in the Section touching the kings â—bsence from Parliament resolves thus The king is BOVND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily â—icknesse and then he may keepe his chamber yet so as he lye not without the Manour or Towne â—t the least where the Parliament is held and then he ought to send for 12. persons of the greaâ—est t Grafton p. 348. 349. 350. and best of them that are sommoned to the Parliament that is 2. Bishops 2. Earles 2 Baâ—ons 2. Knights of the shire 2 Burgesses and 2. Citizens to looke upon his person to testifie and â—itnesse his estate and give A uthority to the Arch-bishop of the place the Steward of England â—nd chiefe justice that they joyntly and severally should begin the Parliament and continue the same â—â— his name expresse mention being made in that commission of the * Note this cause of his absence there â—hich ought to suffice The reason is because there was wont to be a cry and murmure in the Parâ—iament for the kings absence because his absence is hurtfull and dangerous to the whole commoâ—alty of the Parliament neither indeede OVGHT OR MAY HE BE ABSENT BUT ONEâ—Y IN THE CASE AFORESAYD And whereas Malignants clamour that most of the â—ords are absent as well as the king and therefore this can be no lawfull Parliament The same â—uthor will in forme them that if the Lords be once sommoned to Parliament and then appeare â—ot or absent themselves the king may hold the Parliament with the commonalty and commons â—f the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in Engâ—â—nd because he represents a whole county towne or city the other himselfe alone without Bishops â—arles or Barons because in times past before there was either Bishop Earle or Baron yet even â—hen kings kept their Parliaments but on the contrary no Parliament can be kept by the king and â—eeres if all the Commons for the kings misgovernment or such like cause should absent themâ—â—lves This is the judgement of r In Holinsheads Chronicle of Ireland f. 127. 128. Master John Vowel too who writes in this manner Yet neâ—â—rthelesse if the king in due order have sommones all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld â—â— any thing then the king with the consent of his Commons may ordain establish any acts or Laweâ— which are as good sufficient and effectuall as if the Lords had given their consents But on thâ— contrary if the Commons be sommoned and will not come or comming will not appeare or appeâ—ring will not consent to doe any thing alleaging some just weighty and great cause the King in thesâ— cases d Cromptons Iurisdiction of Courts f. 8. 4. H. 7. 18. 7. H. 7. 14. 11. H. 7. 27. Parliament
1. c. 2. 19. H. 6. 63 a. 64. b. 31. H. 8. c. 10. Dyer 60 a. Cookes Institutes on Littleton f. 109. 110. Writers resolve is the most high and abâ—olute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and amorg other Priviledges this is the highest that it is above the Law â—t selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and â—udgements whatsoever of the King or any other Courts of Iustice if they be erronious or illegall not onely without but against the Kings personall consent so far as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realm â—ested in his person that he t Fortescue c. 10. to 1â— Bracton l. 1. c. 8. l 3. c 9. Fleta l 1 c. 5. 17. Brooke Patents 25. 41. 12. 51. 53. 69 73. 100 Prerogative 15. 103. Commissions 15. 16. See Iudge Crooks and Iudge Huttons Arguments against Ship-money Petition of Right 3. Carol. Br. Parliament 42. and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power altar the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever norimpose the least taxe or common charge upon his people nor imprison their persons distraine s Sir Thomaâ— Smith of the Common-wealth of England l. â— c. 1. 2. Holinshed Description of England c. 8. p. 173. Cambdens Brittania p. 173. Iohn Vowels Order and usage how to keepe a Parliament in Holinsheads Chronicles of Ireland p. 101. to 120. Minshewes Dictionary Tit. Parliament their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potestas sua Juris est non Injuriae Nihil â—liud potest Rexin terris niâ—i ID SOLVM QVOD DE JVRE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King v Of the Common-wealth l. 2. c. 10. p. 159. Iohn Bodin that great Lawyer and Polititian resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes â—o all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince be bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as x l. 2. c. 16. f. 34. a. l. 1. c. 8. f. 5. b. Fleta l. 1. c. 17. Walfingham Hist p. 36 37. 40. Bracton and others forecited say our English King hath namely his Earles and Lords thence-stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or of the people he is then no Soveraigne Whence it followes that the Kings of England who cannot make any Law to obliege either all or any of their Subjects nor impose any * Taxes nor repeale any Common or Statute Law but in and by their Parliaments are no absolute Soveraigne Princes as some Royalists and Court Divines most falsly averre them to be but meere mixt Soveraignes inferiour to their Lawes and Parliaments the â—ole Law-makers and Law-alterers though not against but with the Kings assents considered not abstractively as Kings but copulative as a branch and member of the Parliament And indeede to speake impartially though the kings Royall assent y See Sir Thomas Smiths Common wealth of England l. z. c. 1. 2. 3. Holinshed Description of England c. 8. p. 173. Chronicles of Ireland p. 101. 102. M. Hackwels manner of passing B 〈…〉 Sect. 8. p. 74. Brooke Parliament 4. 107. 33. H. 6. 33. 33 H. 8. c. 21. Cromptons Iurisdiction f. 7. b. Br. Parliament 26. 39. 40 41. be generally requisite to passe and ratifie Lawes yet I humbly conceive that the originall prime Legislative power of making Lawes to binde the Subjects and their Posteritie rests not in the kings owne royall person but in the Kingdome and Parliament which represents it For first admit the king should propound any Lawes to his people as kings and Lawgivers usually did at first yet these Lawes would no wayes obliege them unlesse they voluntarily consented and submitted to them in Parliament and the sole reason why our Acts of Parliament binde the Subjects in former times and at this day is not because the king willed them z 4. H. 7. 18. 7. H. 7 14. 11. H. 7. 27. 33. H 6. 17. Bro. Parliament 4. 40. 76. 107. Cromptons Iurisdiction f. 8. but because the people gave their a Bro. Ancient Demesne 2â— 10. H. 7. 20. a. 33. H. 8. c. 17. generall consents unto them in Parliament as Sir Thomas Smith in his Common-wealth of England Holinshed the Prologues to most Ancient Statutes the King by the advise and assent of the Lords Spirituall and Temporall and Commons and at the speciall request of the Commons in Parliament assembled and by THE * See 2. 7. 8. 12. 14. 17. 4. H. 7. AUTHORITY OF THE SAME PARLIAMENT doth grant and ordaine c and all our Law-bookes resolve and that upon this received Maxi ne of Law Quod tangit omnes ab omnibus debet approbari The king doth but like the Minister in Marriage declare it to be a Law but t is the parties consents which makes the marriage and the people onely that makes it â— Law to binde them whence those in a Cook 7. â—â—luins case 7. H. 6. 35. b. Dyer 373. Br. Parliament 98. Scotland Ireland Man Garnsey â—â—â— Jerâ—â—e are not bound by our English Statutes nor we by theirs nor tenants in Ancient demesne because they consented not to them Therefore the chiefe Legislative power is in the people and both Houses oâ— Parliament not in the king as it was in the Roman State Where the b Livy Hist â— 1. 2. Bodin Common-wealth â— 1 c. 10. people had the Soâ—eraigne Iurisdiction of making and confirming Lawes to binde them not their Kings Emperours oâ— Senate as I shall hereafter manifest Secondly this appeares by the case of c Fiz Assise 413. Avowry 74. Praescriâ—â—ion 67. Broo Custome 31. Co. 5. Rep. f. 63. 64. 67. 68 Kitâ—chin 45. 73 â—0 Customes and By-Lawes in Corporations and Manoâ—â—s which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of
Soveraigne and violently usurped his Crowne at first before any Parliament â—â—ve it him compelling the Lords and Commons afterwards to Elect him King out of feare after his slaughâ—â— in Bosworth field was declared an usurper by Act of Parliament 1. H. 7 c. 6. and so adjudged to by 1 E. 4. c. 1. 8. H. 7 c. 1. 9. E. 4. f. 1. 2. and Henry the 7. had the Crowne set upon his head in the â—â—ld by my Lord Standly as though saith s Page 8 â— â—â— Grafton he had beene elected king by the voyce of the people â— in ancient times past in divers Realmes it hath beene accustomed Secondly that those kings who have enjoyed the Crowne by succession discent or election have still taken it upon the condition and covenants conteined in their Coronation Oathes which if they refused to sweare to the Peeâ—â— and people really and bona fide to performe they were not then to be crowned or received as kings â—â— adjured in the name of God to renounce this dignity And though in point of Law t Cooke 7. Report f. 10. 11. Calvins case Marâ—il Patauinus Defen Pacis pars 2. c. 25. those who enjoy â—â— Crowne by Succession be Kings before their Coronations yet it is still upon those subsequent * Littleton sect 378. 379. Cookes Instit Ibid. f. 232. 233. 234. Condition in Law contained in their Coronation Oathes which impose no new but onely ratifie the old conditions â— separably annexed to the Crowne by the Common Law ever since Edward the Confessors dayes if not â—â—fore as the Oathes of all our kings to their people really to performe thâ—se Articles and Condition fully demonstrate Thirdly that these Oathes are not meerely arbitrary or voluntary at the kiâ—â— pleasure to take or refuse them if he will but necessary and inevitable by the Law and constâ—â—â—sage of the Realme yea of all v Baldus Proaem de Feud n 32. Dr Crakenth defence of Constantine p. 163. to 175. Grimst Imperiall Hist p. 653. Christian kingdomes whatsoever which prescribe like Oathes to tâ—â— kings From all which I may firmely conclude that the whole Kingdome and Parliament are â—â— Supreame Authoritie and Paramount the king because they may lawfully and doe usually prescrâ—â— such conditions termes and rules of governing them to him and binde him by Oath faithfully to perfoâ—â— the same as long as he shall continue king which oath our kings usually tooke or at least faithfuâ—â— promised to take to their Subjects in ancient times before ever they did or would take an Oath â— fealty homage or Allegiance to them as the premises evidence Claus Rot. 1. R. 2. M. 44. Tenthly Our Parliaments and kingdome anciently in times of Popery and Paganisme â—â— both challenged and exercised a Supreame power over the Crowne of England it selfe to transfeâ—â— it from the right heire and setled it on whom themselves thought meete to elect for their King â—â— likewise to call their Kings to an account for their misgovernment and breach of Oath to the prejudice of their people so farre as to article against them and either by force of Armes or a judicâ—â— sentence in Parliament actually to depose them and set up others in the Throne as many * See Fortescue c. 12. to 15 Iohan. Mar. de Rege Regis Instit l. 1. â— 7. 8. 9. foreciâ—â— presidents together with the examples of Archigallo and Emerian two ancient British Kings and Edwin King of Mercia deprived of allhonour and Kingly dignity by the unanimous consent of their Subjects for their Tyranny Oppression misgovernment and vicious lives and others elected and made Kings their places evidence which Acts of theirs they then reputed just and Legall Those Parliament then and Nationall Assemblies which have thus disposed of the Crowne and Kings themselves and exercised such jurisdiction over them must certainely be above them and the highest Soveraingâ— power True it is our Protestant Peeres Commons and Parliaments never challenged nor exercised such jurisdiction and I presume they will never doe it However it is neither honourable nâ—â— safe for Kihgs and the most destructive policy their ill Counsellours can suggest unto them so faâ— to oppresse their Subjects or exasporate their Parliaments as to provoke them to use the extremity x See p. 4. 5. 6. their power and revive dead sleeping presidents the consideration whereof when they were fresh mâ—â— succeeding Kings more just and moderate in their governments and reclaimed many Vitious and Oppressâ—â—â— * See Mat. West Jeofry Monmouth Polych Fab. Graft Holin Speed in their lives Princes as Archigallo and others witnes for their reliefe We know what Solomon saith y Eccles 7. 7. Surely â—â—pression maketh a wise man mad and if Kings or their evill Instruments shall so farre mad their Subject and Parliaments either by oppressions rapines misgovernment destroying making warre upon them putting them out of their protections as to make them cry out as they did against King Iohn z Mat. Par. p. 264. 265. 268. Grafton p. 111. 112. Bishop Bilson part 3. p. 480. Rex Iohâ—nes factus est de Rege Tyrannus imo de homine in â—estialem praerumpens feritatem Veâ— tibi Iohanni Regâ— ultime Anglorum Principum abominatio Nobilitatis Anglicanae confusio Heu Anglia vastata â— plius vastanda c. Whereupon presently ensued a Nolumus hunc regnare Tandemque decretum â— ut aliquem potentem in Regem eligerent per quem possint ad possessiones prisâ—inas revâ—cari credentes â— nuâ—lus Iohanne peior vel durior possit dominari tale miserabile statuentes argumentum Fortuna miserima tuta est Nam timor eventus deterioris abest Cumque aliquandiâ— quem eligerent â—aeâ—itâ—ssent demum in hoc pariter consensâ—runt ut Ludovicum filâ—â— Philippi Regis Francorum sibi praeficerent ipsum in Regem Angliae sublimâ—rent Which they did King Iohns their owne and the whole kingdomes great prejudice We know what the ill advise of Râ—â— boams rough young Counsellors produced 2 Chron. 10. And the King answered the people roughly â—â— the advice of the young men saying My father made your yoake heavie but I will adde thereto â— * See 2 Chro. 10. 11. father chastised you with whips but I will chastise you with scorpions And when all Israel saw that â— king would not harken unto them the people answered the King though he came to the crown by succeâ—â— on saying What portion have we in David and we have none inheritance in the Son of Iesse every maâ— your tents O Israel and now David see to thine owne house So all Israel went to their tents and eleâ—â— Ieroboam for their King and fell away from the house of David to this day being never after united to â— but continuing a distinct Kingdome from it wherefore the best policy Kings can use to perpetuate their Thrones to them and their Posterity is to â—â—â—at their Subjects so
Kings eldest sonne was created Duke of Cornwall by Parliament which then also entailed the Dutchy of Cornwall upon the eldest sonnes of the Kings of England See 21 R. 2. c. 9. * 7. H. 4. c. 2. Hals Chronicle 1. H. 4. f. 10. 15. Fabian parâ— 7. p. 376. Speed p. 763. King Henry the fourth the â—etâ—er to assure the inheritance of the Crownes and Realmes of England and France to him and his posterity caused them by a speciall Act of Parliament in the first yeare oâ— his raigne to be entailed and setled on himselfe and the heires of his body begotten and Prince Henry hiâ— eldest sonne to be established pronounced ordained and decreed heire apparant to him and to succeed hiâ— in the said Crownes and Realmes to have them with their appurtenances after the Kings death to him anâ— the heires of his body begotten And if he should die without heire of his body begotten then to remaine to thâ— Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lorâ— Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for tâ—â— avoyding for all claimes titles and ambiguities to be made unto the Crowne he thought never by any of his Subjects to be molested or troubled the rather because in this Parliament it was first concluded that deposed King Richard should continue in a large prison and â—e plenteously served of all things necessâ—ry both for viande and apparell and if any persons should presume to reare warre or congregate a multitude â—o deliver him out of prison that then he should be the first that should die â—or that sediâ—ious commâ—tion Which King Richard as * Fabian part 7. p. 373. Sir John Bâ—got by his Bill exhibited to this Parliament averred hâ—â— divers times at sundry Parliaments in his time holden said that he would have his intent and pleasurâ— concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde bâ— would by one meanes or other bring him out of his life And further said to him at Lichfield in the one â—â— twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons haâ—â— him in â—s great awe and dread as ever they had of any his Progenitors so that it might be chronicled of him that none passed him of honour and dignity with condition that he were deposed and put â—â—rom his said dignity the next morrow after So wilfull was he as to preferre his will before his Crowne or safety n Hall An. 38. 39. H. 6. f. 176. to 183. Fabian Anâ—o 1441. p. 470. Grafton p. 643. to 648. Holins Stow Howes An. 1440 144â— In the yeares 1440. and 1441. Edward Duke of Yorke came into the Parliament House anâ— there in a large Oration laid claime and set forth his Title to the Crowne of England which King Heâ—ry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene theâ— both â—ides submitting to their resolution as the proper Judges of this weighty royall controversie After lonâ— debate and consideration of the case among the Peers Prelates and Commons of the Realme it wâ—â— finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yeaâ—â— and more that he shâ—uld enjoy the name and title of King and â—ave pâ—ssessiâ—n of the Realme during his nâ—turall life And if he either died or resigned or FOR FAITED THE SAME for breaking â—â— part of this concord then tâ—e said Crowne and authority royall should immediately descend to the Duke â—â— Yorke King Edward the 4. his Father if he then liveâ— â—r else to the next heire of his line And that the sâ— Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the Kiâ—â— did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the deâ—â— of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke Tâ— TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed â— swore to and then caused them to be enacted Loe here we have these two Kings submiting their Titles â— the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraigâ— Judge betwene them who settled the Crowne in this order under paine of â—orfeiting it by Kiâ—â— Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in â—â— full age as o Historia Angliae p. 458. Parliamentum fuit câ—nvâ—catum in quâ— Parliamento ex assensu omnium Statuum idem Dux Defensor seu Protector Angliae fueraâ— nominaâ—us ordinaâ—us omniaque Regni offâ—cia beneficia ejus dispositioni sunt commissa Walsingâ—am informes us a Parliament câ—nstituted Duke Humsry to be protector of hiâ— and hâ—s Kingdome of England and the Duke of Bedford to â—e Regent of France during his minority whâ— exercised all regall power by vertue of that authority which the Parliament derived to them Aâ—â— this in these two Kings reignes p See Grafton p. 691. 692. Speed p. 869. 878. 859. 886. 1. E. 4. c. 1. 17. E. 4. c. 7. the Crown and its descent were variously setled by Parliament as I haâ—â— formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it â—â— akered or reversed by another Parliament King q Speeds Hist p. 928. 931 Richard the third comming to the Crown by usurpâ—tion to strengthen his Title procured the Lords and Commons to passe an Act of Parliament where in thâ— declare him to be their lawfull King both by election and fuccession entaile the Crowne upon him and the heiâ—â— â—f his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in â—he royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teachâ—th that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled â—n Parliament and by the Authority of the â—ame makes before all other things most faith and certainty and â—uieting of mens mindes removeth the occasion of all doubts and seditious language r Halls Chro. 1 H. 7. f. 855. Henry the seventh afâ—erwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to setâ—le the inheritance of â—he Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace â—f God so to endure and on none
the Crowne of England â— the next and onely heire of the blood Royall to whom of right it descended which Dolman the Priest and soâ— Jesuites opposed in Printed seditious Bookes So the z â— Mariae Parl. 2. c. 2. Articles of Queene Maries marriage with Kâ— Philip were limited appointed and ratified by Parliament And the Imperiall Ecclesiasticall Juâ—diction usurped by the Pope and Prelates hath likewise by a 25 H. 8. c. 19. 21. 26 H. 8 c. 1. 3. 27 H. 8. c. 10. 28 H. 8. c. p. 16. 32 H. 8. c. 22. 24. 29. 31 H. 8. c. 10. 14. 3â— H. 8. c. 29. 34 35 H. 8. c. 17. 19. 35 H. 8. c. 1. 3. 1 Eli. c. 1. 1 E. 6. c. 2. 1 Mariae c. 1. Parl. 2. c. 1. 8 El. c. 1. sundâ—y Statutes beene restored and united to â—â— Crowne and the Title of Supreame head and Supreame Governour in all causes and over all persons Spiriâ— all Ecclesiasticall and Temporall seiled upon our Kings and Queenes Who during their minoriâ—ies have â—â— Guardians and Protectors appointed to them by b Walsingham Hist Angl. H. 5. p. 458. Speed p. 1 108. 28 H. 8. c. 7. 17. 1 E. 6. c. 11. Hals Chronicle 1 H. 6 Parliament to summen Parliaments assent to â—ils and exâ—cute all royall Jurisdiction in their names and steads And aâ— the Title and Right to the Crowne of Englanâ— and the Jurisdiction thereof hath thus from time to time beene decided and setled in and by our Parliâ—ments so hath the Title and Jurisdiction of the Crowne of Scotland beene c Hist Angl. p 16. to 26. 31. to 33 42. 46. to 56. See Holin Grafton Stow Speed in the life of Edward the first â—podigma Neust p. 72. to 96. frequently discussed aâ— setled in our Parliaments upon appeales made to them by the Kings of Scotland and their Corrivals to that Crowâ—â— Witnesse the famous case and competition for that Crown long agitated and resolved in Parliament betweene â—â— King of Norway Bailliol and Bruce to omit others in the Reigne of King Edward the first And â—â—â— King Edwards title to the Crowne of Scotland declared and resolved by our Parliament here All which â—â— Recorded at large by Thomas Walsingâ—am in the life of King Edward the first and in the Parliameâ—â— Rols and Pleas of his Raigne with d 1 Jac. 1. sundry other instances of this nature frequent in our Historian â— whâ—ch for brevity I pretermit It is a e 35 H. 8 c 1 cleare case without dispute that if the King should dye without any Heire the Crowne wouâ— ofcheate to the whole Kingdome and Parliament who might dispose of it in such a case to what persâ—â— they pleased or quite change that forme of government if they saw good cause no particular kinâ— of rule being so simply necessary by any divine right or Law to any state or Kingdome but that as it was â— first instituted so it may in such a case be changed by the whole Kingdomes generall consent upon suffâ—cient grounds This appeares by the case of * Elondus Decad 2. l. 2. Regin l. 2. An. 800 Biâ—â—op Bilson of Christ an Suâ—jection c. part 3. p. 423. Charles the grosse who being deposed from the Empire aâ—â— his Kingdomes for a mad man and dying without any Heire the Kingdomes which before were subject â—â— him Destitute of a right Heire began to fall in sunder on every side and to choose Kings of themselves of anâ—ther Family France elected Charles a childe sirnamed Simple for their King and after his simplicâ—ty displeased them they Crowned Otho Sonne of Robert Duke of Saxony in his place At the same timâ— the people of Italy meaning to have a King of their owne could not agree on the matter but some choâ— Beringarius others Guido and so had two Kings in Italy both calling and bearing themselves as Empâ—rours And the Germanes elected Arnolph Duke of Bavaria for their Emperour Thus * Zonas Annal. Tom. 3. f. 1 26. Grimstons Imperiall History p. 303. Zeno the Emperour dying without any Heire that might succeed him Anastasiuâ— a man of great reputation yet of no Noâ—â— Family was chosen his Successor by the Senate and Legions The like we read of divers other Emperouâ— deâ—easing without Heire of some of our Saxon and British Kings before the Conquest and of otheâ— in other Kingdomes where the Crowne hath beene translated from one family to another by the Kingdomes consent for want of Heires Yea Bishop Bilson 1 The true difference betweene Christian Subjectioâ— and unchristian Rebellion part 3. p. 418. to 422. himselfe though a great Royalist poâ—â—tively affirmes That if a King or right Hâ—ire to any Crowne be borne or becomes a naturall Foole or starâ—mad or run besides himselfe so that he is not able to governe himselfe much lesse his Realme in these â—â— cases ANY REALME BY PUBLICKE CONSENT and ADVICE MAâ— CHUSE ANOTHER KING for what should he doe with a royall Office or by what dâ—vine or humane right can he enjoy a Crowne who is utterly unable to manage it Upon this grounâ— 2 See the generall History of France in his life Sabellicus Ennead 8. l. 8. â— 245 Nâ—uclâ—rus vol. 3. gen 20. Blondus Decad. 1. l. â—â— Aventinus l. 3. p. 293. to 300. Gaguinus l. 3. in Carolo. Mâ—rt Herman Scheâ—â— Chron. Aetas 6 f. 185. King Childericke was deposed by his French and German Subjects generall consents because he was â— â—e a Sot a Beast unable to governe his Kingdome and Pepin of another race elected and crowned King in â—stead which act by Pope Zacharies resolution was adjudged both just and lawfull even in point of â—science before it was put in execution So 3 Goâ—fredus Viterbiensis Chro. pars â—â— col 468 Regino l. 3. An. 887. H. Mutius Germ. Chr. l. 12 Grimstons Imperial History p. 404. Charles the third the last Emperour of Pipins race â—â— deposed from the Empire by the Princes Dukes and Governours of the Provinces of Germany and â—â—ce for that he became foolish and unfit to governe being bereaved of his senses and by common consent â—â—olph was elected Emperour in his stead Thus 4 Euagrius Eccl. hist l. 5. c. 11. 13 Zonaras Annal. Tom. 3. f. 150 151. Eutropius l 16. p. 211. Justinus the second falling into a frensie and madnesse â—hat he had no sense nor understanding of any thing that was done was removed and Tiberius placed â—he Empire at his Coronation Justinus used this notable speech Let not the glory of these Imperiall â—â—es leade thee into errour neither be thou de ceived with the glorious shew of such things as are subject unto the â—â—s wherewith I my selfe now alâ—s being snared have brought my selfe foolishly into grievous torments â—refore in governing the Empire with great moderation and mildnesse of spirit redresse what is amisse and corâ— what I have leudly committed And pointing at his ill Counsellours with
his finger he said * Neta Thou â—â— in no wise be ruled by these men for these be those which brought me into this lamentable plight and the miâ— thou seest me in A memorable strange speech of a distracted Prince And thus the Emperour 5 Grimstons Imperiall History p. 581 582. Sententia Exâ—â—ctorationis Depositionis Wencestai An. 14â—0 in Germani Hist Tom. 2. p. 180. 181. Iean Crespin L estate de Lesglise p. 465. Wenâ—â—us was likewise deposed by the Princes electors of the Empire For besotting himselfe so with pleasures â— as that he became altogether unfit for the government and a man unprofitable for the Empire and Christian â—â—monwealth and Rupert Count Palatine of Râ—ine and Duke of Bavaria was elected Emperor in his stead â—â— like no doubt might be lawfully done here in England by the whole Kingdome and Parliament if â— such cases of incurable folly or frenzy should befal any of our Kings who might then either create a Lord â—tector to governe both King or Kingdome during such disabilities of Government in the King as â—hildricke for a time before his deposition was governed and over-ruled in all thingâ— by the Marshall â—he Palace or else Crowne the next Heire King if he be capable to Governe Yea in the time of our â—on Kings when the right Heire was an Inâ—ant unable to governe the Crowne usually descended â—he next Heire of full age Hence * Speedâ— hist p. 252 253. 262. 364 365 See Matthew West Polyâ—hâ—onicon Floren. Wigorniensis Holinshed Hunâ—â—ndon and others Wibba King of Mercia deceasing Penda his Sonne being an Infant Crowne descended to his Nephew Ceorl of full age after whose death Penda being of ripe age inheriâ— the Kingdome So King Wulfeher deceasing leaving his Sonne Kenred within age his Brother Ethelred â—â—eeded him who resigning his Crowne and turning Monke after he had Reigned 30. yeares Kenred â—â— of full age enjoyed the Crowne So Ethelfred King of Northumberland dying Edelwald his Brother â—â—ed the Government and Reigned Aldulfe Ethelherds Sonne being then a minor who enjoyed not â— Crowne till after Edelwalds death So * Gaufredus Monu lib. 3. c. 20. Grafton p. 67. Cassebelan succeeded Lud his Brother in the Kingdome of Briâ—e Luds Sonnes being too yong and insufficient to Reigne The like was very usuall in Scotland of â—â—h there are divers precedents in Graâ—ion Hector Bâ—etius and Buchanan which I pretermit All which 6 Aventine l. 3. f. 293. Friâ—ingens l. 5. c. 13. Nauclerus vol. 3. Gen. 26. â—â—iculars laid together are a most cleare unanswerable demonstration that the Soveraignest power and â—isdiction of all others resides in the whole Kingdome and Parliament not in the King hâ—mselfe since â—â— may thus dispose of the very Crowne it selfe and determine all controversies all titles which conâ—e it The King alone having no power to transferre it to any other without the Lords and Comâ—â—s free consents as was resolved in the case of King John who resigned and granted his Crowne to the â—e without the Kingdomes consent and therefore the resignation and grant were adjudged voyd not â—y by the 7 Graâ—ton l. 1. 112. French King and his Lords but by our owne Parliament as you may read in 40 Ed. 3. â— 8. and Doctor Crakenâ—â—orpe Of the Popes temporall Monarchâ— cap. 2. p. 251. to 255. This point â—ave thus copiouâ—ly debated not out of any the least intention to derogate from his Majesties just â—reâ—acy and Pâ—erogatives royall which I have ofâ— solemnely sworne to maintaine to the utmost of my powâ— and shall God willing performe but out of a serious desire to rectifie the generall mistakes of men â—ching a pretended Prerogative which their fantasies onely not the Law have unduely attributed to â— King and to vindicaâ—e the just Liberties Priviledges and Prerogatives of the Parliament so much â—yed declaimed against of laâ—e by a company of ignorant Papists Maâ—ignanâ—s Royalists who know not â—t the jurisdiction of Parlâ—aments is according to the Protestation the clearing of which points in my â—ke apprehension is the onely high and ready way to compose our present differences and settle all â— distractions which the ignorance and mistakes of the Kings and Parliaments just Prerogaâ—ives and â—ers next to the trecherous maâ—iâ—e of the Papists have principally raised among us almost to the â—e of the Kingdome For my part I professe sincerely I love and honour both King and Parliament â—â— and in the controversies now betweene them concerning their Jurisdictions stand as a man indiffeâ— to doe right to boâ—h without prejudice to either the King being the Principall Member of the Parâ—ent the elevating of its now disdaâ—ned Power to its due altitude can be no depression but advancement â—e Kings prerogative which shines most perspicuously in Parliaments whiles King and Parliament â—â—nited and is most eclipsed onely when they are divided as the precedents in all ages manifest And â— I dare confidently averre that there are no such enemies to the Kings Prerogative as those who adâ—cing it beyond due bounds doe necessarily draw it into dispute in which it commonly comes off with â— and diminution in the end as in â—hâ— late cases of Loâ—nes Ship-mony and the like If any here object against the premises f 1 El c. 2. that the King is the onely Supreme Governour of this Râ—aâ—â— Object That g Li. 1. c. 8. f. 5 6. l 3. c 9. f. 107. Bracton h L. 1. c. 5. 17 Fleta and our i 3 E. 3. 19. Corone 161. 22 Answer E. 3. 3. b. Dyer 297 a. Stamfo 153. a. Law bookes resolve That the King hath no Peere in his Kingdoâ— for so he should lose his Empire since Peeres or equals have no command over one another much more then ouâ—â— he not to have a Superiour or mightier for so he should be inferiour to those who are subject to him and inferâ—ours cannot be equall to Superiours The King ought not to be under man but under God and the Law If then Jâ—stice be demanded of him by way of Petition because no writ runs against him though k 22 E. 3. 3. b anciently some wâ—â— did if he doe not justice this punishment may be sufficient to him that he may expect God will revenge it Neâ—â— quidem de factis suis praesumat disputare mâ—lto fortius contra factum suum venire c. Therefore the Kâ—â— is above the Parliament and whole Kingdome not they above him I Answer First that the meaning of all these Bookes is that the King is above every one of his Sâ—â—jects and hath no Peere nor Superiour if they be taken particularly and distributively as single mâ—â— as the words Parem Superiorem in the singular number and the like explaine the meaning of the Bookâ— to be But if we take them collectively in Parliament as they are one body and represent the whole Kiâ—â—dome then these very Authours resolve in their forequoted words